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HomeMy WebLinkAbout1981/08/05 - Agenda PacketSao qv�cn.Hpl,Co c E �f � 4 �l t f F Z U > 1977 QTY OF RANCHO CL AMONGA CITY COUNCIL AGENDk August 5, 1981 All items submitted for the City Council Agenda must be in writing. The dead- 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 _,Mikels_, Pal ombo_,Bridge_, and Schlosser_ C. Approval of Minutes: July 1 and July 14, 1981 . 2. ANNOUNCEMENTS A. Planning Commission Meeting, August 12, 1981, 7:00 P.M.; Lions Park Community Center, 9161 Base Line Road. B. Historical Commission Meeting, August 11, 1981, 7:00 p.m.; Lions Park Community Center, 9161 Base Line Road C. Etiwanda Specific Plan Meeting, August 18, 1981, 7:00 p.m.; Etiwanda Middle School, 6925 Etiwanda Avenue 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. A. Approval of Warrants, Reg. No. 81 -8 -5 for $177,371.92 1 B. Release of Bonds 2 Tract 9480 located south of Base Line, west of Turner. Owner: Kent Land Company Labor & Material Bond (Road) $63,000 Labor & Material Bond (Water) $21,000 Laobr & Material Bond (Sewer) $30,500 City Council Agenda -2- August 5, 1981 • C. Forward Claim by Barbara L. Rogers to City Attorney 3 D. Forward Claim by Randy R. Stephens and Ronnie L. Stephens g to City Attorney. E. Annexation B4 to Landscape Maintenance District No. 1 for 10 Tract 10569 and Tract 9584 -1 -- Setting Public Hearing for September 16, 1981. Recommend that Council approve a resolution declaring the City's intent to annex Tract 10569 and Tract 9584 -1 to the Landscape Maintenance District No. 1. RESOLUTION NO. 81 -113 I1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DIS- TRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. • RESOLUTION NO. 81 -114 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXA- TION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 F. Acceptance of Lien Agreement for Parcel Map 6725 for median ?n island construction on Foothill Blvd. Daon Corp. RESOLUTION NO. 81 -115 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DAON CORPORATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. 28 G. Acceptance of Parcel Map 6761 located on the southwest corner of Carnelian and Highland. Carnelian Investments RESOLUTION NO. 81 -116 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING PARCEL MAP NO. 6761 (TENTATIVE PARCEL MAP NO. 6761) City Council Agenda -3- August 5, 1981 • H. Acceptance of Real Property Investment Contract and Lien Agreement for 8797 Strang Lane submitted by Clifford A. Robinson. 31 RESOLUTION NO. 81 -117 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CLIFFORD A ROBINSON, A SINGLE MAN, AND AUTHO- RIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. I. Acceptance of Map, Bond and Agreement for Tract 9584 -1 38 located on the east side of Haven Avenue north of Hill- side Road. Deer Creek Company. Faithful Performance $262,000 Labor 8 Material $131,000 RESOLUTION NO. 81 -118 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA , APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, • AND FINAL MAP OF TRACT NO. 9584 -1 J. Acceptance of Map, Bonds, and Agreement for Tract 10569 48 located east of Archibald, north of Arrow Route. William Lyon Company Faithful Performance $176,000 Labor 8 Material $ 88,300 RESOLUTION NO. 81 -119 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 10569 K. Request to set a Public Hearing, August 19, 1981 - -ZOA 81 -03 Amendment to Zoning Ordinance to include the Industrial Specific Plan. L. Request to set a Public Hearing, August 19, 1981 - -Draft -- Industrial Specific Plan and Draft E.I.R . The Specific Plan consists of detailed standards for development in the Industrial area. I a __ _- __ I] City Council Agenda -4- August 5, 1981 4, PUBLIC HEARINGS A. MEET -AND- CONFER ORDINANCE -- MOBILE HOME PARKS 60 Report by Jim Robinsnn ORDINANCE NO. 148 (second reading) 62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.10 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICI- PAL CODE TO PROVIDE FOR A MOBILE HOME PARK RENT MEDIATION PROCESS. RESOLUTION NO. 81 -111 F7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING APPROPRIATE FILING FEES AND APPEAL FEES AFFECTING THE CITY'S MOBILE HOME PARK RENT MEDIATION PROCESS AS OUTLINED IN CHAPTER 8.10 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNCIPAL CODE. . 8, ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03 74 TT116TOjy- A change of zone from A -1 (limited agriculture)to R -2 -PD. (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land located on the west side of Turner Avenue between Church Street and Baseline. ORDINANCE NO. 150 (Second Reading) 75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208 - 061 -03 FROM A -1 (LIMITED AGRI- CULTURE) TO R- 2 -P.D. (MULTI- FAMILY- PLANNED DEVELOP- MENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER BETWEEN CHURCH STREET AND BASELINE ROAD. RECOMMENDATION: It is recommended that this item be continued toto llugust 19, 1981. C. PROPOSED ORDINANCE FOR THE CONTROL OF BLOWING SAND AND 102 SOIL EROSI N The proposed ordinance adopts portions of the San Bernardino County Cade by reference. The adoption of this ordinance is necessary because the County Code sections were amended since the last time the City adopted similar portions of the County Code by reference City Council Agenda -5- August 5, 1981 ORDINANCE NO. 152 (Second Reading) 105 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.16 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 1 OF DIVISION 2 OF TITLE 6 OF THE SAN BERNARDINGO COUNTY CODE (COMMENCING WITH SECTION 62.011) TO PROVIDE FOR THE CONTROL OF BLOWING SAND AND SOIL EROSION. D. ANNEXATION #3 TO LANDSCAPE MAINTENANCE DISTRICT #1 FOR TRACT 115 10491 AND PARCEL MAP 5922 Recommend that Council approve a Resolution ordering the work in connection with Annexation #3. RESOLUTION NO 81 -120 116 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CON- NECTION WITH ANNEXATION NUMBER 3 TO LANDSCAPE . MAINTENANCE DISTRICT NUMBER 1 5. CITY MANAGER'S STAFF REPORTS A. REOUEST BY SOUTHERN CALIFORNIA EDISON COMPANY TO BUILD A DOUBLE- 120 CIRCUIT 22�IS8ION LINE IN THE EXISTING RIGHT_ OF WAY BETWEEN CTIWA—NDA GENERATING STATION AND PADUA SUBSTATION. epresentatives from Edison Company wi I 1 a present to answer questions. B. RESOLUTION DIRECTING PLANNING COMMISSION TO SELECT PROJECT AREA. 122 Resolution of the ity ounc orma y directing the Planning Commission to also designate selected project area. RESOLUTION 81 -121 123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DIRECTING THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA TO SELECT A REDEVELOPMENT PROJECT AREA AND TO FORMULATE A PRELIMINARY REDEVELOPMENT PLAN. C. PEDESTRIAN SAFETY PROJECT -- OTS GRANT 124 T e Of�of raffic Safety has approved funding assistance for a Pedestrian Safety Project. It is recommended that Council approve the concept of the grant program and confirm its support to continue the program upon termination of the grant. 13 City Council Agenda -6- August 5, 1961 • D. PROPOSED AGREEMENT WITH COUNTY OF SAN BERNARDINO REGARDING CIVIC CENTER /LAW AN JUSTICE CENTE PORCH SE 0 LAND 140 6. CITY ATTORNEY'S REPORTS 7. ADJOURNMENT • Is 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, August 5, 1981. The meeting was called to order at 7:00 p.m. by Mayor Phillip D. Schlosser. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Jim Robinson, Assistant City Manager; Robert Dougherty, Assistant City Attorney; Jack Lam, Communitv Development Director; Lloyd Hobbs, City Engineer; Harry Empey, Finance Director; Bill Holley, Community Services Director; and Beverly Authelet, Deputy City Clerk. Absent: Lauren M. Wasserman, City Manager. Approval of Minutes: Councilman Frost requested the following changes to the July 1, 1981 minutes Under announcements on page 1, item c, should add "Route 30 right -of- way ". He felt we should specify which right -of -way we were referring to. Page 6, item 5B, Cable T.V. Reports, the following should be added: "Council requested staff to contact the BIA and other involved individuals regarding notices of the time trenching would be done with the intent that T.V. Cables could be installed at this time and perhaps with a sharing of the costs." Motion: Moved by Mikels, seconded by Bridge to approve the minutes of July 1 as amended and the minutes of July 14, 1981. Motion carried unanimously 5 -0. 2. ANNOUNCEMENTS. a. The meeting tonight will adjourn to a legal session with the City Attorney. b. Mayor Schlosser introduced Julie Crasco, and Alta Loma resident, who intro- duced a young woman from Japan who was visiting in her home while enrolled during the summer in an intensive English program at the Claremont Colleges. Mayor welcomed her to Rancho Cucamonga. c. Councilman Mikels reported that he had given testimony on behalf of SANBAG to a Committee on Southern California transportation problems. He said his major point was the critical need for funding for right -of -way protection for Route 30 corridor during this budget year. He said an appeal was being made from SANBAG to the Transportation Committee regarding some funding for the Route 30 right -of -way protection. d. Councilman Mikels also gave a report from the Ontario Ground Access Committee. e. Assistant City Manager, Jim Robinson, requested an addition to the Agenda, Item 5G, Authorization for Captain Tom Wickum, Sheriff's Department, to attend the FBI Training Seminar. f. Mayor Schlosser announced that on Sunday, August 9, from 2 -4 p.m. at the Pierre Biane Winery, there would be a Soccer Clinic with several soccer teams from England present. He would be there to greet them. a. Approval of Warrants, Register No. 81 -8 -5 for $177,371.92. b. Release of Bonds: Tract 9480: located south of Base Line, west of Turner. Owner: Kent Land Company. Labor S Material Bond (road) $75,600 Labor d Material Bond (water) 21,000 Labor 4 Material Bond (sewer) 30,500 c. Panrard -E} aim- by- Barbare- b-- Regera- t»-�Rttp- Arternep. Item removed. d. Randy -R-- Stephens- arid • - Rata} e- b•r- Step! ,ras -t� tp- Attarney, Item removed e. Annexation 94 to Landscape Maintenance District No. 1 for Tract 10569 and Tract 9584 -1 and setting public hearing for September 16, 1981. Recommend that Council approve a resolution declaring the city's intent to annex Tract 10569 and Tract 9584 -1 to the Landscape Maintenance District No. 1. RESOLUTION NO. 81 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. RESOLUTION NO. 81 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. f. Acceptance of Lien Agreement for Parcel Map 6725 for median island construction on Foothill Boulevard. Daon Corporation. RESOLUTION NO. 81 -115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DAON CORPORATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. A ut . OF . uk RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 6761 (TENTATIVE PARCEL MAP NO. 6761). h. Acceptance of Real Property Investment Contract and Lien Agreement for 8797 Strang Lane submitted by Clifford A. Robinson. RESOLUTION NO. 81 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CLIFFORD A ROBINSON, A SINGLE MAN, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. i. Acceptance of Map, Bond, and Agreement for Tract 9584 -1 located on the east side of Haven Avenue north of Hillside Road. Deer Creek Company. Faithful Performance Bond $262,000 Labor 6 Material Bond $131,000 RESOLUTION NO. 81 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 -1. j. Acceptance of Map, Bonds, and Agreement for Tract 10569 located east of Archibald, north of Arrow Route. William Lyon Company. Faithful Performance Bond $176,000 Labor d Material Bond 88,300 RESOLUTION NO. 81 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 10569. k. Request to set a Public Hearing on August 19, 1981 for ZOA 81 -03 -- An amendment to Zoning Ordinance to include the Industrial Specific Plan. 1. Request to set a Public Hearing on August 19, 1981 for Draft Industrial Specific Plan and Draft E.I.R. The Specific Plan consists of detailed standards for development in the Industrial area. Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar with items c and d deleted. Motion carried unanimously 5 -0. Assistant City Manager, Jim Robinson, read the title of Ordinance No. 148. ORDINANCE NO. 148 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.10 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICI- PAL CODE TO PROVIDE FOR A MOBILE HOME PARR RENT MEDIATION PROCESS. Motion: Moved by Mikels, seconded by Frost 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. Councilman Frost suggested that the middle sentence in Section 2 of Resolution No. 81 -111 which reads, "Payment of the Appeal Fee shall accompany a request to the City Clerk for an appeal to the West End Mediation Board," be deleted in order to make the resolution compatible with the ordinance. Councilman Mikels expressed that he hoped this would do the job. If not, Council would be here to help. Harry Pate, spokesman from Alta Laguna Mobile Home Park, said the crowd was small. Even though the people were very appreciative of what the council was doing, they felt that if this was all that the council was going to do, then why come. They would cooperate and give it a try, but felt the breakdown would come at the Mediation Board stage. Mayor Schlosser said that as a Council and staff, we should do all we can to see that more mobile home parks are built within the community. Motion: Moved by Mikels, seconded by Bridge to approve Ordinance No. 148. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palumbo. ABSENT: None. Councilman Palombo stated that he voted against the ordinance because in the long term the ordinance would not serve the purpose of the residents. He felt the exercise was parochial; there was a lot of ground to be explored. Resolution No. 81 -111. Mayor Schlosser asked if there were any public comm,nts re- garding Resolution No. 81 -111. There being none, Mayor Schlosser closed the public portion of the meeting. Motion: Moved by Bridge, seconded by Mikels to adopt Resolution No. 81 -111 as amended previously, and to waive the entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palombo. ABSENT: None. Jim Robinson read the title of Resolution No. 81 -111. .1C v I PRIATE FILING FEES AND APPEAL FEES AFFECTING THE CITY'S MOBILE HOME PARK RENT MEDIATION PROCESS AS OUTLINED IN CHAPTER 8.10 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. Letter of Agreement with West End Mediation Board. Report by Jim Robinson. Motion: Moved by Mikels, seconded by Bridge to authorize the Mayor to sign the letter of agreement with the West End Mediation Board. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: Palombo. ABSENT: None. 4B. ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO 80 -03 (TT11610) A change of zone from A -1 (limited agriculture) to R -2 -PD (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land located on the west side of Turner Avenue between Church Street and Base Line. ORDINANCE NO. 150 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208 - 061 -03 FROM A -1 (LIMITED AGRI- CULTURE) TO R- 2 -P.D. (MULTI- FAMILY /PLANNED DEVELOPMENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER BETWEEN CHURCH STREET AND BASE LINE ROAD. It was recommended that this item be continued to the August 19, 1981 meeting. Council concurred with the recommendation. 4C. PROPOSED ORDINANCE FOR THE CONTROL OF BLOWING SAND AND SOIL EROSION. Staff report by Jim Robinson. The proposed ordinance adopts portions of the San Bernardino County Code by reference. The adoption of this ordinance is necessary because the County Code sections were amended since the last time the City adopted similar portions of the County Code by reference. Jim Robinson read the title of Ordinance No. 152. ORDINANCE NO. 152 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.16 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 1 OF DIVISION 2 OF TITLE 6 OF THE SAN BERNARDINO COUNTY CODE (COMMENCING WITH SECTION 62.011) TO PROVIDE FOR THE CONTROL OF BLOWING SAN AND SOIL EROSION. Councilman Bridge cemented that he felt that it was an obsolete document; about thirty years behind the times. It was primarily an agricultural concern. He said that we could not change the County ordinance, but that we should adopt a city ordinance which would be more applicable. He suggested that we could limit the amount of area which would be disturbed. He suggested directing staff to draft an applicable ordinance; but that the ordinance before them tonight should be adopted. If we developed such an ordinance, we should also take on the c. orcement which would be necessary. Motion: Moved by Bridge, seconded by Mikels to adopt Ordinance No. 152 and to direct staff to draft an applicable ordinance for the city. Motion carried unanimously by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 4D. ANNEXATION NO. 3 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT 10491 AND PARCEL MAP 5922. Report by Lloyd Hubbs. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Frost, seconded by Palombo to adopt Resolution No. 81 -120 and to waive the entire reading. Motion carried unanimously 5 -0. Jim Robinson read the title of Resolution No. 81 -120. RESOLUTION NO. 81 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NUMBER 3 TO LAND- SCAPE MAINTENANCE DISTRICT NUMBER 1. 5. CITY MANAGER'S STAFF REPORTS. Mr. Randv Bond, General Manager of Southern California Edison, was present to answer questions by the Council. Councilman Frost said it was appropriate for a letter to go out to the Edison Company over the Mayor's signature indicating to Edison our interest in developing the right -of -way areas for future park sites, etc. Motion: Moved by Frost, seconded by Mikels to send a letter to Edison indicating our desire to work closely with the Edison Company for the development of land within the right -of -way corridors for future park purposes; and to send a letter to the Public Utilities Commission stating our approval of the proposed construction of a second 220 kv transmission line between Etiwanda Generating Station and Padua Substation. Motion carried unanimously 5 -0. a _ ment. Councilman Mikels expressed concern as to whether the City Council would be able to ultimately select the project area. Mr. Lam explained the procedure and reassured the Council that they would ultimately be selecting the project area. Mayor Schlosser opened the meeting for public comment. There being none, the public portion of the meeting was closed. Motion: Moved by Mikels, seconded by Palombo to approve Resolution No. 81 -121 and to waive the entire reading. Motion carried unanimously 5 -0. Jim Robinson read the title of Resolution No. 81 -121, RESOLUTION NO. 81 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DIRECTING THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCA- MONGA TO SELECT A REDEVELOPMENT PROJECT AREA AND TO FORMULATE A PRELIMINARY REDEVELOPMENT PLAN, 5C. PEDESTRIAN SAFETY PROJECT -- OFFICE OF TRAFFIC SAFETY GRANT. Staff report by Lloyd Hubbs. The Office of Traffic Safety has approved funding assistance for a pedestrian safety project. Staff was recommending that Council approve the concept of the grant program and confirm its support to continue the program upon termination of the grant. Councilman Frost said he did not have any reservations per se with the project, but wanted to know specifically what council action staff needed. Mr. Hubbs said basically they needed Council's concurrence with the concept of the grant. Councilman Bridge expressed that he took a very dim view of this type of project. He felt this was not a proper use of public money. He also felt that anyone could do this project in a few weeks and to take half a year would be a misappro- priation of funds. Councilman Mikels said that since the north /south streets carry a lot of water, he would agree that something could be done to develop maps with alternate school routes shown. He said that if this could be developed to help stop a disaster, then he was not opposed to the grant concept. Mayor Schlosser opened the meeting for public hearing. Michael Fresques asked If there wasn't someone on staff who could do this without having to go and hire someone. There being no further comments, the public portion of the meeting was closed. Motion: Moved by Bridge, seconded by Palombo to reject this proposal. Motion carried by the following vote: AYES: Palombo, Bridge, and Schlosser. NOES: Frost and Mikels. 5D. PROPOSED AGREEMENT WITH COUNTY OF SAN BERNARDINO REGARDING CIVIC CENTER/ LAW AND JUSTICE CENTER PURCHASE OF LAND. Staff report by Jim Robinson. Motion: Moved by Mikels, seconded by Palombo to approve the proposed agr:ement with the County for the purchase of land for a civic center /law and just : center. Motion carried unanimously 5 -0. 5E. AN ADDED ITEM: REQUEST TO ATTEND THE FBI NATIONAL ACADEMY TRAINING SEMINAR Captain Wickum, Sheriff's Department, was requesting authorization to attend the FBI National Academy Training Seminar in San Diego. Approximate cost of the seminar: $240.00. Motion: Moved by Bridge, seconded by Frost to approve the request not to exceed $241.68. Motion carried unanimously 5 -0. ADDED ITEMS Mayor Schlosser said he had been approached by several asking about the height of fences around pools. Our ordinance requires a 5'6" fence. He said it was pointed out that one cannot find that odd size fence. Mr. Lam explained that the County required a 4' fence originally. He explained the concept of the 5'6" fence. To require a full 6' fence, then some would complain if the fence were on a slope and it went over the 6' limit by an inch or so. For all practical purposes, it is a 6' fence stated Mr. Lam. Councilman Bridge said under the circumstances, we should leave the ordinance as is. Council concurred leaving the requirement as 5'6 ". 6. CITY ATTORNEY'S REPORTS. There were none. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn the meeting to a legal session, not to reconvene this evening. Motion carried unanimously 5 -0. The meeting adjourned at 9:00 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk e 11+ RPAI CITY OF RANCHO CU[AMON GA ;J • p WARRANT RECONCILIATION ,RTE REFERENCE • PACE DISCOUNT NET -- 155.00 33.79 174.62 65.00 0.60 00.510 11.00 4623.49 90.00 WARR I YEENNL / V E N D 0 A N A M E 0p '•WH 0 $- OIVZ T6 01217 0 7I 01279 OL 23) 01291 01282 lln3 0120.4 1285 01206 012-7 0 170P 089 17 0290 1201 01297 01.93 01794 OI]95 012B6 01297 1200 4085 4175 9700 4650 7985 1305 9755 0125 71.94 PESO 74115 2100 P396 447A 8131 7000 A180 7181 4479 1470 DAMNESF� ANERICAEMPLOY C 7 HPGAN, RAQRY K 7 FROST, JAMES 7 W45SFPMAN LAUREN N 7 GLENDALE �EDENAL SAVING 7 PUBLIC CAP RETIRFMFNT 5 7 EMPLOYMENT OEVL PMNT DEP ] WFN,ER CORPORATION 7 ACTION TRAVEL AGENCY 7 R�N F CIK1 SANTIAGO R COMM ACC 7 P STMASTFR 7 CATRUS NOTp FS 7 SO CA 141111 SCAPE MY T RLFSs PRISCDAILEY PNLNTLN 7 SEnWAY /COOKF 7, MKGKfYAM4M.0tO INC 7, RVAORUNNFM PA, ING 7, HAGn UnFR, JFAN 71 PIDENOUR, SHIRLFY 7, RLACKSCHLEGER, ROSCANN 7, 017911 1700 RANK OF AMERICA 7, O gp '100 '8 © p Z7 1Iy a O 0 ` ''1' O p I1 119 01300 013111 01301 01304 013,)5 01306 (107 0110.4 01319 01110 C1311 01313 01314 OIll5 01316 9111] Dille 01330 0 Zl 01322 01373 01174 01315 01326 06tl 1 OilA DI 02 07 97 OI121 07135 07730 0t353 07.55 0)151 07350 0]359 07360 07161 07167 0775] 0T 164 0 366 x313 4654 6410 %0 4501 441'1 1`•55 Ii.90 IA,14 t'1J 6613 51)0 7177 71,39 7737 8170 0319 9115 6619 6710 65x0 01100 0500 52nD 3305 6 M1518 10,16 4001 4479 7I!14 81110 1,337 V1111 VOID Vn10 0104 0109 0931 Ot25 0t]n 0231 OPI OR0 0 SAN BRPIO NU CO 74PI OY C 7, 111 FNn.31 F FEOFPAL SAYING 7, 1411. JACK 7, RILLS`FAR O TRUSTEE 7, R."LLEY. WH - PETTY CASH 7, RFGAN. JOOI 7, HIICHL e- FTCH:N 7, IICA,YO{, J:AI,NINF 7, CYPCRt, PHYLLIS 7, nYARN, 014hi" 7, KNUISb91 61HNA LOGUEC SALLY Ti .140OR KY GERI 7/ ONTIVFAOi MARIE 70 Pf RKfR, J[FF Ti RIARIOUE2, OANA i/ SFHPLE JUDY 7/ UAPJ1, iLLIE 7/ KUNT20�CHAPLES 71 LEF LEORGE 71 RAIf FR FOUNDATION HEALT 7/ TWAVFIFPS 1115 CO STATF. COHAFNSATION INTIRNAL REVFNVE SFP.V it EMPLOYMFNT OFVLPHNT OFF 71 .MUSE, JUAN 5 BAIL BY DROtHf45 PRINTIN 5% H M C REPROCMAPHICS 71 REES, PRISCIILA 7/ HALM, JUifY 51111rLEY 7/ 1'LAMRUHNFP PAG11? 71 SF'BWAY /COOFF 1/ FORMS ALIGNMENT FOOHS ALIGNMCNT R% FORMS ALIGNMENT A -1 LINFq R/ ACE AUTO -Lf CTRIC of AM IkiL -10 UNING OfV Al AC11U'I TRAVEL AGENCY at AIMS nFDIA INC At Al IA SIP IIFA71'iG C AC 0/ A'flf. L, M.1HY A'F: P/ 9/ MT AO fEL ET0.$Of VCN e/ ;J • p WARRANT RECONCILIATION ,RTE REFERENCE • PACE DISCOUNT NET -- 155.00 33.79 174.62 65.00 0.60 00.510 11.00 4623.49 90.00 •.!xi RA67 CITY OF RANCHO CUCAMONGA 0 NARR / VEN A V E N D O R N A M E OT S 0)769 IdO 11 83334 1310 07372 1150 0'77372. 1995 �r 1 75 7093 7317 300 .. 07378 31T 07379 2115 ® 071.0 23921 073A2 2399 OT3A3 2500 s m1ni vnin Qk 0 0 0 •'NN 0 0 0 O to 7 7 - - - -- - - -------------------- -- �{ WARRANT REJCOpNCILLIATION 8/05/81 PAGE E REFERENCE DISCOUNT NET At 911.72 8L 160.)0 PI 781.19 At 90.90 at 9.005.10 3y 1 79.T5 81 21.nO 01 03.29 9L 195 00 91 13953: OJ 81 8,403.70 Nf 13.82 RI 1.606.74 RI 310.00 at 1.435.00 618 >i6:a5 - o 1.005.45 34.10 1.802.50 is 1.2in.2z - 503. it 2. 713.60 f51•. O 97 :31 55.74 ' 0 K:L pN 0067 CITY fiF RANCHO COCA :Iia /.A NARR A VCN 0 V E N 0 0 R N A M E 07441 07443 (17444 01445 ON °7447 01440 07440 4 07451 lip, C7451 01454 '6 07455 07456 07451 _Q 131459 01460 07461 0746) 01413 n7464 01465 97466 :! fig61 el 5HT 6695 61,00 6618 61.10 61,.10 t. 10 GETS 7915 7115 7310 7341, 7115 7397 7410 1510 Tdl 7516 75SI 76ns 0.41 71.50 7/ 711 7119 7131. ii9 n ", •163 07464 77.10 7470 7705 a OT471 78.0 0147) 7920 07473 7465 07475 0747& 071.77 01479 p 71, O 7492 c7111 n7;94 074'15 774 At 79't0 8015 91 90 0005 8159 R'n0 H1 =331 L 1 0313 6311 0:20 B t)n e11y i11titi N 074A4 0369 it 074D,, VI; l0 117440 VG IO 01491 Vil0 n T 491 11 I'M 01441 m4s O 01444 H410 U14�5 4475 07496 94 A2 01491 2516 (7 4411.4 04,,1 M 1.9'1 N4111 5525 nr:nl 8-119 07503 8510 03504 fe65 07564 9675 m OTT 0 975) 110 A Nh 015'139 ,� UISIO 7111 131511 � Ui514 ZA 4A4•. 0059 9 L::a 0125 9L49 W :p WARRANT N F.CC,1ON7CILLLIATION WAPR OATC RPPE"NCE 0/05161 DISCOUNT NET m 1.3 4.7 1 4.626.14 311.9L 157.94 106.90 188.34 30.00 17O.T4 )19.51 1.964.14 L4.15 29.51 309.00 1)5.46 5.13 1A6 14.6 4.9 9-1 251 6.3-1 9 X4.35 '7.91 36s.aa ?15.15 RAG7 1 I�11 M067 CITY OF PANCNO CNCANCN&A G NARK A VCN P V E N 0 O R CN A M E tO11510 9190 Nf jj TF.k IIRNISNN Y Pi000CT 07519 041_ 411)TYCV h-1 9 T51A '.�9 YILEY P�U([SSIONCL 9751^ 9510 JILL9A9 ASSaC I19570 4525 NILLIAKS PRINTINI: 0 0)5)1 990` XEROX CORP OTSZ2 9995 YUKON OISPOSAL SERVICE 0 75Z3 V•'.m FINAL QVALS 1MA 6)t0 LEE, ONIn CF 11 ?9n O1nO TAAVCLCRS INS CO J J �E4 J a 9' ✓Ii1� VIII( WARPANT 8CC'INCILIAt1OV E f!CE AT RERA 8/05/91 0/95181 P /051"t "/OS /Bt 9/05/81 8/05/01 A /05 /9 810516E 0 /05 /FI 9/21/81 21/81 ' FINAL TOTALS 0/05/11 015COw+T NIT 36.0< 3.1'1 <,ne 60.0^ 19.95 3,143 ..3 5.6. ^3 1.669.12 00.00 t AG. 50- Tt5.5O- tTI.3T1.92 l� I I ' I f � If I , f i° I I � I 11 I� 1 1= c)f I I� M In 1 I� i ii I1� I � f i, ( OTm nc+ D n ATnLn rT TO n TrtnTT/_n STAFF REPORT DATE: August 5, 1981 TO: City Council and City Manager FROM: Lloyd Hubbs, City Engineern��. SUBJECT: Release of Bonds /`%('`�.J Tract 9480 - located south of Base Line, vest of Turner • LBH:bc il OWNER: Kent Land Co. 17881 Sky Park North Irvine, California Labor and Material Bond (Road) Labor and Material Bond (Water) Labor and Material Bond (Sever) $63,000 21,000 30,500 '1 • .l k-.t ` ✓f,t�t- .,:.,41.C. r CLAIM FOR DAMAGES TO PERSON OR PROPERTY _ ea141NEL FOR FILE INSTRUCTION'S 1. Claims for death. injury to person or to personal property must be filed not later than 100 days after the accelerate. (Gov. Code Sec. 9112) 2. Claims for damages to real properly must be filed not later than f year after the occurastoe. (Gov. Code Sec. 9113) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. S. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code See. 915a1 TO: CITY OF RANCHO CUCAMONGA Name of Claimant and State RESERVE MR FILING STAMP CLAIM No. Y�- 7 - 355 7 hDP,fP:LiSTilrlTl ^,PI PM 81911!G1111 )2111213141S16 Age of Clairrankt(if nalu, of person) Home Business Address of UlalmanL ^ .,uy anu ow5 omwoa .ocpw..=.. m.,.... �'_" v ht- i,ffp/yV: b'C'k <dcmii,"",.' aii'l' Give address to which you desire notices or communications to be sent regarding this claim: iL ilF:5 /-/, Cojo /)crn L.. />7a " , "z�'j How did DAMAGE or INJURY occur? Give full particulars. {t�Ar MAfRii Lt; n� S.`c I; "Lq) Ol N..JD 1; f'— t"i'T" iLd E'Ll'�n- Acur Fi iir -'t- A Glta't -*+ C.aCllr /yT T -ti irLN fvl_ lc..v llu'L�I"b Iti T'L1LSR.TI" sKlu'4T S. 'b Fct�vQ I">Ace..�Al_b iN Tr c.un lrn hNlS Jrltt f.t_F: When did DAMAGE or INJURY occur? Give full particulars, date. time of day JaLV iA, I9i�I erl`,J. ^n -7:15 AA1 Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and 'address and measurements from landmarks! C n2.:{ti," s'. gror; IG.-Tr 5. What partirul.. ACT or 011ISS10N do you claim caused the injury or damage? Give names of City employees causing the injury or damage, it known. "nC r 11- 1, Ill or= Tnz•' DKIIJ. }-fL rF sr jz{.er S..'e rPLm� T71 1'R.ty eraj ',-Hr SaltxtT S•JC tPclr FR. -,.r 2.-L.. w' {• (4:'hiLL. ;Nth cd .4t�6 $sF, 6r6 A r n Tli/aYr—, C What DA }d A';E ur INJURIES do you claim resulted? Give full cxtmrt of injuries or damages claimed: Fra•,r.' of t'Lnuvae�r; i:="n 1{t." An.w aL.n y BLvH I`cr'e -Mcl-r rET) 1 v.HHnC.aD G..rNI•ulc rvtcu..rW{> 117ialK 11 *20 Y r>`b..r cN�Yj.n) nn• ric.,y Nron c.rTt r1 1 IYayr What AMOCfCT' Ju yoe ciarm .m account of each iien A injury or datnnae as of date of prcSi,madou of this ciolm, grculg hasis of cnmpulntiom r:e 8S'1'C.ta'14:U .i S:GC::'(' as far as knrscn y'ou claun un nceurmt of each Iiem of pluspeelme Injury or damage, giving basis of =010 SEF: PAGE 2 (CIVU I TIIIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, and names of Insurance Company: - Expenditures made on account of accident or injury: (Date — Item) (Amount; Name and address of Witnesses, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North. East, South, and West; indicate place of accident by ^X" and by showing house numbers of distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or Your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -1" and location of yourself or your vehicle at the time of the accident by "B -l" and the point of impact by "X," NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS SIDEWALK PA KWAY 7 SIDEWALK IL- CUR �I I FOR AUTOMOBILE ACCIDENTS L I�r" Sr C3nsei.tr =r� i 7� are of Clamant or person filing on his behalf giving Typed Name: I Dale• -.ship to Claimant: If NOTE: Presentation of a false claim is a felony (Cal. Pen. Code Sec. 72) . CLAIMS MUST BE FILED KITH CITY CLERK (GOV. CODE SEC. 915x). FORD CITRUS MOTORS orONTARIOD , INC. � Your Friendly Fd eoler — - 17'41 986 6044 835 West Holt 8..1e,,.rd • ONTARIO, CALIFORNIA 91761 �Iirou� MILIS I .udk OF "IRb —5 A I A.1 �Iirou� MILIS I .udk OF "IRb t r TI INSURANCE DEDUCTIBLE OF CLAIM MUST BE PAID UPON DELIVERY Of CAR CALIFORNIA INSURANCE CODE FORBIDS IT CKARGED ON ACCOUNT TOTAL —5 A 3 6 141 1 19 20 27 2311 24 as 2 2 - 6 6 OPEN ITEMS TOTALS 1. 11 1 1 t r TI INSURANCE DEDUCTIBLE OF CLAIM MUST BE PAID UPON DELIVERY Of CAR CALIFORNIA INSURANCE CODE FORBIDS IT CKARGED ON ACCOUNT TOTAL I TRAFFIC COLLISION REPORT . I .. Y 1.1 ,... .. ........ —<,,, I may. . Ic. �7: m. u> ...... Z 1 104 Z— _UAArJ ° •. 1.1 ,... .. ........ —<,,, I may. . Ic. �7: m. u> -e. 7 1 4 COL�IS IOn Xn PflwTIVC 07 o 4 S I I I lo4 t77 -11 12 �yi rzit • CTAiM AGAINST CITY OF RANCHO CUCAMONGA C11 r Q'I P, ntuh t[ur;�r:pNG 1 Dated: Julv 22, 1981 au Pia To: Lauren Wasserman, City Clerk City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, CA 91730 Randy R. Stephens and Ronnie L. Stephens hereby made claim against the City of Rancho Cucamonga pursuant to the provisions of Government Code Sections 905 and 910 in the amount of $515,000.00 and make the following statements in support of this claim: 1. Claimants' Post Office address is 5267 London Avenue, Alta Loma, California 91701. 2. Notices concerning this claim should be sent to Jones, Van Stock.um & Tibbals, 404 North Second Avenue, P.O. Box 638, Upland, California 91786. 3. The date and place of the occurrences giving rise to this claim is April 20, 1981 at Alta Loma, in the City of Rancho • Cucamonga, California. 4. The circumstances giving rise to this claim are as follows: (a) From the above date, claimants learned by letter signed by Paul A. Rougeau, for Lloyd B. Hubbs, Engineer for the City of Rancho Cucamonga, that the storm drain providing drainage for virtually all the property in Tract 9590 in the City of Rancho Cucamonga, was not under public ownership and requires extensive rep -airs before the City would accept a dedication off this facility although claimants were led to believe prior to purchasing their property that this was a public facility. Unless and until such repairs are made to this facility, claimants arc in danger of potential liability to downhill property owners from erosion or other damage caused by drainage as well as Potential hcalLh and other difficulties because or the damage to the drain. Claimants have inquired of licensed engineers as to the nature and oxtent or - epairs necessary and have learned that the approximate Cost would be $:100,000.00. Until the formal letter from the City referred Lo above on April 20, 1981, claimants were not aware of the full consequences of y tho f.iiluru of the City of Ranchn Cucamonga to accept the storm drain across tho claimants' property as a public facility. Claimants arc sufforinq in that the City of Rancho Cucamonga allowed occupant; of the -1- house at 5267 London Avenue, Alta Loma, California, occupied by claimants. Moreover, the City of Rancho Cucamonga has caused claimants to is suffer gross and wanton violations of the Uniform Building Code in the home including, but not limited to, over spanning of floor joists, improperly vented fireplaces, and other major structural defects that will, according to a licensed general contractor, cost $15,000.00 to repair. The nature and extent of the repairs necessary to bring the home at 5267 London Avenue, Alta Loma, California, into compliance with the provisions of the Uniform Building Code were discovered after discussions with a licensed contractor subsequent to April 20, 1981. Furthermore, claimants have diligently pursued relief from the various departments of the City of Rancho Cucamonga that have discovered many irregularities and improprieties including, but not limited to, an unexplained gap in the records of the City Building Department concerning improvements and improvals of the claimants' home at 5267 London Avenue, Alta Loma, California. 5. As a direct and proximate cause of the acts of the City of Rancho Cucamonga through its employees, claimants have suffered damages from these acts that were in direct contravention of the provisions of established city policy and the Uniform Building Code that were enacted for the specific avoidance of the conditions set forth herein. Claimants will be constrained to hire professional engineers and contractors to make their home suitable Cor habitation and to relieve them of the serious exposure to litigation. To date, • the estimated costs of these repairs and services is $515,000.00. Should other inadequacies in the structure at 5267 London Avenue, Alta Loma, California, or in the storm drain on their property being covered, claimants will amend this claim. 6. The damage occurring to claimants is continuing until such time as all repairs can be made to the property identified herein. DATED: July 22, 1981. JONES, VAN STOCKUM 6 TIBBALS A Professional Law Corporation / % l By: / Tracy Lowman Tibbals, Attorneys for Claimah is -2- 7 MEMORANDUM�'�� 0 a DATE: August 5, 1981 uL 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Annexation 84 to Landscape Maintenance District No. 1 for Tract 10569 and Tract 9584 -1 Attached for City Council is a resolution declaring the City Council's intent to annex Tract 10569 and Tract 9584 -1 to the Landscape Maintenance District and setting the date for public hearing on September 16, 1981. RECOMMENDATION It is recommended that Council approve the attached resolution declaring the City's intent to annex Tract 10569 and Tract 9584 -1 to the Landscape Maintenance District No. 1 and setting a date for public hearing for September 16, 1981. Respectfully submitted, +LBBj as Attachments / ) • RESOLUTION NO. 9/-//,3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS IN- TENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and facilities thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and • supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work The foregoing described work is to be located within roadway right -of -way and landscaping easement enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 4 to landscape Maintenance District No. 1 ". SECTION 3. Description of Assessment District That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 4 to Landscape Maintenance District No. I" heretofore approved by the City Council of said City by Resolution No. , indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. Resolution No. g1 -11,3 Page 2 SECTION 4. Report of Engineer The City Council of said City by Resolution No. has approved the report of the engineer of work • which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 4, Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing Notice is hereby given that on the 16th day of September, 1981, at the hour of 7:00 p.m. in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If • the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written eviden=e that such signer is the owner of the property so described. SECTION 7. landscaping and Li htin Act of 1972 All the work herein proposed shall be done and ca rrie through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention Published notice shall be made pursuant to Section 61961 of the Government Code, The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 1G days before the date set for the hearing, at least once in The Daily Report, a newspaper of general circulation published in the U ty of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this Sth day of August, 1981. AYES: NOES: ABSENT: 0 Resolution No. V -143 Page 2 • ATTEST: Lauren M. Wasserman, City Clerk • Is Phillip D. Schlosser, Mayor RESOLUTION NO. '61-0y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRILIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 4 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLVED by the City Council of the City of Rancho Cucamonga that: WHEREAS, on the 1st day of July, 1981 said City Council directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect; • NOW, THEREFORE, it is ordered as follows: 1. That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. 2. That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. 3. That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. 4. That said report shall stand as the City Engineer's Report of the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 5th day of August, 1981. AYES: Is NOES: ABSENT: lr1 Resolution No. 10 -111 Page 3 ATTEST: • Phillip D. Schlosser, Mayor Lauren M. Wasserman, City Clerk • u J CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 4 to the Landscape Maintenance District Number 1 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2, General Description all new tracts This City Council has elected to annex She - permanent- 3andseaped areas- a}eng- the - €Tentage -of- Haven - Avenue into Landscape Maintenance District No. 1. The City Council has determined that the areas to be (maintained)landseaped will have an effect upon all lots within Tract 9584 -1 and Tract No. 10569. as- we #�- as -en- the - Sets- direet3y- abutting- the- 3andseaped areas. All landscaped areas to be annexed -to- the- dastriet(maintained in the annexed tracts) are shown on the Tract Map as roadway right of way or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for said Tract. The plans and specifications for the landscaping are in conformance with the Planning Commission conditions of approval of said Tract. Reference is hereby made to the subject tract maps and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on data from other cities, contract analaysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty ($.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. • I ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION NO.4 ASSESSMENT LANDSCAPE MAINTENANCE ANNEXATION DIAGRAM DISTRICT NO.1 NO. 4 CITY OF RANCI IC CUCA.NIONGA VICINITY INIAP lv �G m Exhibit A IBC. J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 5, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician C(�r c�Mo 2� �yC7 oil Z UIi > SUBJECT: Acceptance of Lien Agreement for Parcel Map 6725 - Daon Corp. 1977 Dacn Corporation, developer of Parcel Map 6725, located on the southeast corner of Haven Avenue and Foothill Blvd. has submitted a lien agreement fox future construction of a median island on Foothill Blvd. as required in the City Engineeer's Report. RECOMMENDATION It is recommended that Council adopt the attached resolution authorizing the City Clerk and Mayor to sign said Real Property Contract and Lien Agreement for Parcel Map 6725. Respectfully submitted, LBH:BK: jaa Attachments • RESOLUTION NO. SI - /IS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DAON CORPORATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME, WHEREAS, Parcel Map No. 6725, located on the southeast corner of Haven Avenue and Foothill Boulevard, submitted by Daon Corporation was approved on May 13, 1981; and WHEREAS, Installation of a median island on Foothill Boulevard established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Daon Corporation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 5th day of August, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk is c' Phillip 0. Schlosser, Mayor • • r + - - - - - - - - - - ------------ ...... ...... I -lE TENTATIVE PARCEL MAP NO. 6725 IN THE CITY OF RANCHO CUCAMONGA T -71f- e) "N �11. 7 A /0 J4 IL TENTATIVE PARCEL MAP NO. 6725 IN THE CITY OF RANCHO CUCAMONGA r 0 RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Past Office Box 807 Rancho Cucamonga, California 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this 13th day of July , 1981, by and between Dace Corporation (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") , provvides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the • construction of Median Island on Foothill Boulevard, adjacent to the property to be developed; and, WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the City; and, WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's performance, and any repayment due City. NOW, THEREFORE, THE PARTIES AGREE: 1. The Developer hereby agrees that they will construct a Median Island, in accordance and compliance with all applicable o rd loaner, ,, resolutions, rules and regulations of the City in effect at the time of the ins calla lion. Said improvements shall be installed upon and along Foothill Boulevard, contiguous to property to be developed. r-1 LJ 2. The installation of said improvements shall be completed not later than one (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer fails or refuses to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City the following described real property situated in the City of Rancho Cucamonga, • County of San Bernardino, State of California, to -wit: Parcel Map 6735 as recorded in Book Pages of Maps, records of San Bernardino County, State of California. S. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things by them to be done under this Agreement, then this conveyance shall be void: otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on real property. 7. This Agrcement shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors an,$ assigns of each of the parties hereto. as n B. To the extent required to give effect of this Agreement as a mortgage, the term "Developer" shall mean "mortgagor" and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder or to foreclose the right of the Developer to redeem the above - described property from the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys' fees as shall be awarded by the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: DEVELOPER: Damn Corporation • CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation 'YAJ-.k H, CorrfganQ�General Manager C mmercia l /Ind ra BY: PHILLIP O. SCHLOSSER Michael Shatsky Mayor Senior Vice President, Re idential Conversions E ATTEST: LAUREN M. WASSERNAN City Clerk f! u^ STATE OF CALIFORNIA ss: COUNTY OF SAN BERNARDINO n u On 1981, before me, the undersigned, Personally appeared PHILLIP D. SCHLOSSER, known to me to b, the Mayor Of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. DATED: , 1981. (Signature) fName Typed) Name of Office) (Seal of Office) STATE OF CALIFORNIA ORANGE COUNTY OF FJMMORINOMM 1 r, On Jamul 13 , 1981, before me, the undersigned, a Notary r Public ' 'n and for said County and State, personally appeared Jack H. Corrigan and Michael Shatsky , known to me to be the persons whose names ar— a subscribeTt� _ within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. 111CA1 AA PAMELA J RAVALLI ';'r+sN•. vi. ntwsi re ..r a, p� gt —CS L M1b cnmanonn [.J +ls lore it laq Pamela Rav li fNa me Ty pod ) (SEAL) r\ Y • • • il The subject map is located on the southwest corner of Carnelian and Highlari and is submitted by Carnelian Investments to divide 18.7 acres into (2) parcels and was tentatively approved on May 27, 1901. Parcel No. 1 is for the development of Tract 9659 tentatively approved by Planning Commission on December 22, 1980. RECODLMENDAT ION It is recommended that Council adopt the attached resolution approving Parcel Map 6761 directing the City Engineer and City Clerk to sign and forward same for recording. LBH:BK:jaa Attachments tted, CITY OF RANCHO CUCAMONGA C!;CAMQ STAFF REPORT �4 °_ � < n v z 1 ill p FI D z DATE: August 5, 1981 C' > 1977 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Parcel Map 6761 - Carnelian Investments The subject map is located on the southwest corner of Carnelian and Highlari and is submitted by Carnelian Investments to divide 18.7 acres into (2) parcels and was tentatively approved on May 27, 1901. Parcel No. 1 is for the development of Tract 9659 tentatively approved by Planning Commission on December 22, 1980. RECODLMENDAT ION It is recommended that Council adopt the attached resolution approving Parcel Map 6761 directing the City Engineer and City Clerk to sign and forward same for recording. LBH:BK:jaa Attachments tted, RESOLUTION NO. 91- 111P • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6761. (TENTATIVE PARCEL MAP NO. 6761) WHEREAS, Tentative Parcel Hap Number 6761, submitted by Carnelian Investment and consisting of 2 parcels, located on the south- west corner of Carnelian and Highland, being a division of a portion of Lot 11, Block 19, Cucamonga Homestead, Recorded in Book 6, page 46, San Bernardino County was approved by the Planning Commission of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 6761 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 6761 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 5th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren H. Wasserman, City Clerk dift 19 � ^, C7 Phillip D. Schlosser, Mayor n f� II11I PARCEL I I I�� r �11 III I 55:�1 i i Y oI PARCEL 2 w .r, n f� 0 4 Ah nTmv nm D A TTOUn rT Tr A AInATr A STAFF REPORT DATE: August 5, 1981 To: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer By: Joe Stofa, Assistant Civil Engineer HAV9"'! SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement from Clifford A. Robinson, a single man for 8797 Strang Lane Mr. Robinson, a property owner, has applied for a building permit to construct a dwelling unit on a piece of property at 8797 Strang Lane. The property does not front upon any public street. The access to the lot is provided from Carnelian Street by Strang Lane - a 15 -foot wide paved access through private easements among the adjacent property owners. As a prerequisite to issuance of building permit for landlocked parcels as established by the City Council Resolution No. 80 -38, an irrevocable offer of dedication cn his portion of the access for street purposes and a lien agreement for future improvements of the street are required. Mr. Robinson has executed a document for offer of dedication for that portion of Strang Lane and entered into a lien agreement to provide required street improvements at some future date to be determined by the City. It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the lien agreement on behalf of the City. Respectfully submitted, LBH:JS:jaa Attachments J) RESOLUTION NO. V-1/7 Z • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CLIFFORD A. ROBINSON, A SINGLE MAN, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME, WHEREAS, Installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Clifford A. Robinson, a single man, for 8797 Strang Lane, located on the east side of Carnelian, between Hillside Road and Almond Street; HOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accL-pt said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 5th day of August, 1981, AYES: NOES: • ABSENT: ATTEST: Lauren 14. Wasserman, City Clerk �.J Phillip D. Schlosser, Mayor 0 E� Lv 0. rc NN x clll I r6797 37Po J: All (-n 1 0 CITY OF RANCHO CUCAMONGA titl•; a ENGINEERING DIVISION VICINITY NIAP N C RECORDING REQUESTED BY and WHEN RECOE. ED MAIL TO; CITY CLERK CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Post Office Box 807 Rancho Cucamonga, California 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this day of 1981, by and between Clifford A. Robinson, a single man (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of missing off -site street improvements, including curb, gutter, sidewalk and pavement, adjacent to the property to be develop and, WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the City; and, WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do s0 by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's performance, and any repayment due City. NOW, THEREFORE, THE PARTIES AGREE: 1. The Developer hereby agrees that they will install off. Site street improvements, including curb, gutter, sidewalk and pavemeno in accorrlance and compliance with all applicable ordinances, resolutions, rules and regulations of the City in effect at the time of the instill- ation. Said improvements shall be installed upon and along Strang La�� adjacent. to Developer's property hereinafter described. 7.1 2. The installation of said improvements shall be completed not later than one (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer fails or refuses to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City the following described real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, to -wit: The easterly 300 feet of the westerly 830 feet of the south one -half of all that portion of Lot d, Block 13, .Rap Book 6, Page 46 of Cucamonga Homestead Association Land, Records of said County. (APN 1061 - 271 -4) S. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things by them to be done under this Agreement, then this conveyance shall be void; otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage an the real property and the rights Ind oblicetion:: of the pnrtios with respect thereto shall be governed by the pl,,,;ron; of the Civil Code of the State of California, and any Other applicable statute, pertaining to mortgages on real prcpert. . 7. This Agreement shall be binding upon and shall insure iii to the bvnofit of the heirs, executers, adm�nist,itoia, successors and assigns of each of the parties hereto. F- r-I L. R. To the extent required to give effect of this Agreement as a mortgage, the term "Developer" shall mean "mortgagor' and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder or to foreclose the right of the Developer to redeem the above- described property from the mortgage created hereby, then the prevailing party shall he entitled to recover its costs and such reasonable attorneys' fees as shall be awarded by the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: DEVELOPER CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation /, C' <"l/ N<a.r�..`_ OL BY: _ PHILLIP D. SCHLOSSER Mayor ATTEST: LAUREN M. WASSERMAN City Clerk d • • 6 I Is CC�NTY F �l Cr. —, 1931, e'oe ae. the 4nder.--;omd, per..... !!v pT...el PH:"= _ sc-�css-R, rtrnlo to -.e to he he Aey., the Z—� C- RANC*�*,O ='C��CNGA, CAI:—RNIA, a �=-�O—al and Xnoo to e to -e the eersor. woo mxecu—ed t,-.e wit*n-, iostru ent or. of s.,d oorp,eti-,, and ao],..o.led;ad to me t.-a- such �U...Icipal corporat-c-, exacuted the OATEn: — , 198— (Sign.t-ore) (N....e 7'jp d; (Paine o' Ql^--ize) STA.E COOP :S' CF C3n:iG5 I On A 1981, oefc.e ne, the jo6ersi;ted. seu County .,.L statm, to io to be the persons . known who;o naras Lostru.-.,ert and ac!<Ied;ed that they .ec.tea the al.e. N-T•1E53 ay and I'fic,aL Sell. n19r arc :ra 'd'L / 0 P'r FAD CITY OF RANCHO CUCAMONGA CUCAMO STAFF REPORT �0 of o CDATE: F, p Z D August 5, 1981 U1 > 1977 City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Map, Bond and Agreement for Tract 9584 -1 - Deer Creek Co. The subject map, located on the east side of Haven Avenue, north of Hillside Road, submitted by Deer Creek Co., was tentatively approved by the County of San Bernardino and extended for one year by the City on September 22, 1980. An agreement and bonds have been received in the following amounts: Faithful Performance $262,000 Labor & Material $131,000 A letter of approval has been received from Cucamonga County Water District. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign said map and forward it to the County Recorder. Respectfully submitted, 1 LBH:BK:jaa Attachments RESOLUTION NO. $1- 111 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 -1 41 E WHEREAS, the Tentative Map of Tract No. 9584 -1, consisting of 47 lots, submitted by Deer Creek Company, Subdivider, located on the east side of Haven Avenue, north of Hillside Road has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; and, 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 5th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, Cffy Clerk Phillip D. Schlosser, Mayor rv� ar , b la u r__ CI tiller 'I'1' OP R: \ \Cf 10 CSC: \. \10. \GA A j Tract 9584 -1 ENGINEERING DIVISION iR..' ' VICINII'Y 1\IMI N Page 12 pitch Nag Caro Go Chic No. 6126 t,argin • 12 - 96 6127 6128 6129 CITY Of RANCHO CUCAMONGA SU8RIVISION IMPROVEMENT AGREEMENT TRACT NO. 9584 -1 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of Californi and of the applicable ordinances of. the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and Rser Creek Company __ heretneter referred to as the Subdivider. WITNESSETH: THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said City as shorn on the previously approved Tentative Map of Tract No, 95P4 -1 and, WHEREAS, said City has established certain requirements to be met by said Subdivider as prerequisite to approval of the Final Map of said Tract by said City: NW, THEREFORE, it is hereby agreed by said City and'by said Subdivider as follows: 1. The Subdivider hereby agrees to construct at Subdivider's expense all hrprivements described on Page 5 hereof within twenty -four months from the date hereof - 2. This agreement shall run for a period of 12 mom hs from the date of the resolution of the Council of said City approving said Final Man and this agreement. This agreement shall be in default on the day following the second anniversary date of said approval unless an extension of time has been grant by said City as hereinafter provided. 3. The Subdivider may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than four weeks before the expiration date hereof, and shall contain a statement R c,,cuns Wnces necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the teen hereof. 4. If the Subdivider fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Subdivider and /or his surety the full cost and expense incurred, 5. The Subdivider shall provide metered water service to each lot on said Tract in accordance with the regulations, ochedvies, and fees of the Cucamonga County Water District. 6. Utility -Deposit- Statement. Subdivider shall file with the City Engineer, prior to the commencement of any work to be performed within the areas described by said map. a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made the deposit legally required by such pihlic utility corporation for the connection of any and all public utilities to be supplied by such Corporation within such subdivision, 7 The Subdivider shall he responsible for replacement, relocation, or rerovat . any i:Q�ponent of any irrigation water system in conflict with construction of required unpin,, cents to the satisfaction of the City Engineer and the ovmer of such water system. •.f • IMPROVEMENT AGREEMENT TRACT N0. 9584-1 PAGE 2 a. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvements Plan approved by and on file in the office of the City Engineer, Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 5 hereof, as taken from the improvement plans listed thereon by number. The Subdivider shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. 9. Construction permits shall be obtained by the Subdivider from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 10. The Subdivider shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said Tract resulting from development work relative to said Tract. 11. Work done within existing streets shall be diligently pursued to completion. 12. Parkway trees required to be planted shall he planted by the Subdivider after other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting diagram approved by the City Community Development Director im all locations where the adjoining lot has been completely developed and built upon. e�L' Cr ek [omoan the Subdivider shall be re- _Beer spolsib a o- mamtalning a trees p ant�tn good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Subdivider is responsible for meeting all conditions established by the City pursuant to the Subdivision nap Act, City ordinances, and this agreement for the Tract, and for the maintenance all improvements constructed there- under Until Me Tract t5 edChered for maintenance by the and no o[ provided herewith be be released before such acceptance fore ept lCe erwise p zedll unless City C unless otherwise provided and authorized by the City Council of the City. 24. This agreement shall not terminate until the maintenance guarantee bond here- inafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the Subdivider herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvements security to be furnished by the Subdivider with this agreement shall consist of the following, and shall be approved by the City Attorney; A. A faithful performance guarantee bond assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the City. B. A material and labor payment guarantee bond assuring payment in full by the Subdivider for all materials, services, equipment rentals, and labor furnished to the subdivider in the course of meeting the conditions of this agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the tract engineer or surveyor whose certificate appears upon the Final Tract Van for the setting of all tract boundary, lot corner, and street center. line mnnv -ents and for furnishing centerline tie notes to the City. The -molt of the deposit may be any amount certified by the tract engineer or surveyor as aCCeptable payment In full; Or, If no Value Is s.toitted, the cash bond shall he as shorn on the Construction and Bond estimate contained • herein. e�L' IMPROVEMENT AGREEMENT TRACT NO, 9684-1 PAGE Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the tract engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 4 of this agreement. 16. The Subdivider warrants that the improvements described In this agreement shall be free from defects in materials and workmanship. Any and all portions of the improvements found to be defective within one (l) year following the date on which the improvements are accepted by the City shall be repaired or replaced by subdivider free of all charges to the City. The Subdivider shall furnish a maintenance guarantee bond in a sum equal to five percent (5:) of the con- struction estimate of $200.00, whichever is greater, to secure the faithful performance of Subdivider's obligations as described in this paragraph. The maintenance guarantee bands shall also secure the faithful perfo manse by the Subdivider of any obligation of the Subdivider to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee bond has been accepted by the City, the otl.er improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shalt take out and maintain, during the term of this agreement, such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or ii.directly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall also directly protect the City, its officers, agents and employees, as well as the • Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death lia- bility limits of not less than $300,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $100,000 for each accident or occurrence with an aggregate limit of 5200,000 for claims which may arise from the operations of the Developer in the performance of the work herein provided. 6. Automobile liability insurance covering all vehicles used in the per- formance of this agreement providing bodily injury liability limits of not less than S200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than $50,000 for each accident or occurrence, with an aggregate of not less than 5100,000 which may arise from the operations of the Developer or his Contractor in perfo ming the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notifica. tion by registered mail from the insurance carrier. • • U� • IMPROVEMENT AGREEMENT TRACT NO. 9584 -1 PAGE 4 As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the below described improvement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND Description: Principal Mount: 252,000 Surety: Attorney -in -Fact Address: MATERIAL AND LABOR PAYMENT BOND Description: Principal Amount: 131,000 Surety: Attorney -in -fact: Address: CASH DEPOSIT MONUMENTING BOND Amount stipulated by tract engineer or surveyor: Amount as shown on Construction and Bond Estimate: • Amount deposited per Cash Receipt No. Date_ MAINTENANCE GUARANTEE BOND To be posted prior to acceptance of the tract by the City. Principal Mount: IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by ]aw on the dates set forth opposite their signatures, VIE. DEER CpF.2K CO,CPRNY(6 General ecrt-er.hir July 7, 1981 G50Y AVEIAP!(aZVM1'tN0., a Ge[opl ParL.cr Dd to Y -� -ai. 1 Subdivider Date July 7. 1981 b GPIFGM DE VJ?KNT co a eral a trier _ Y �J Sut�ivtder .... , .... + ......: f'M :EN 4r* " .a:d`.n: a . . CITY OF RANCHO CUCAM0NGA, CALIFORNIA a municipal corporation by , Mayor Attest: City Clerk Date - City Attorney CM OF �kNCPO LUCCjO!;',A CONSTRUCTION AND L(C:D ESTMATE ENCRGACIDIENT PER111T FEE SCHEDULE (Attach to "Inspector's Cony ") DATE: dune 81 PERMIT NO. CONPDTED By RadOle File Reference TR 9584 -1 Ci[y Drawing No, 428 NOTE; boas not include current fee for writing peroit or pavement roplace- men[ deposits. COSSTRDCI'TON COST ESTIMATE ITEM 01'.CtT TY VN IT UNIT COST S NISOUNT rc F,\1TI11'RI. PERFOROPNCE SEND (100:) 262 nun n0 • K III .000 On F r r„ - K" .',.F. qQ7A L.F. 6.00 S4,468-0a P.C.C. Cuth only 4" C. F. L.F. A.C. norm (S20n nin) L.F. 4" P.LC. Sidevelk 6. F. 5" ]rive An nra a<M1 - v.0.r. rros.a nutaer 9. =. 2,50 4.58 . 0 Street Ks a', ntten 44 c. t'. 3.00 8 200 Imm [t eG Emb an keen[ C.Y. Prena rnl ion of Suserade 159062 In.. c "1300 +[en 1 Ad. inter a) ToN 4 92 .^0 A.C. 1900 a 1100 tonsl TUN A.C. 011d, 100 In 900 It ns) AS I nn .• ns) Patch A.C. 11.,h) " Thick A.C. K.F. P. rl F war C.O. to Grade FA. ad'.•sr a G'oe[ '11 rr Volvo. m crnJr R\. 'F r 1+ I EA. 67 500.00 4 rr e: I ] EA. 200.O0 1 00.60 Sr. -A. I Cut and remove A.C. avement 144 3" u[lln an enrova 36.00 U P • CONSTRUCTION COST _73S.ISIM CONTINGENCY COSTS 21 Rig TO TOTA1. CONSTRUCTION COSTS ?fit MR An F,\1TI11'RI. PERFOROPNCE SEND (100:) 262 nun n0 • IA.OR AND `L\SFRIAL SO.-M (50'.) III .000 On ENCINEF.8IIf0 INSPECTION FEE 5,865.00 (FEE SCIIED LE) NO :l^1ENTATION BOND (CASH) 3,550.00 0 BOND NO. 103015 PREMII :A- $3,930.00 FAISILUL PERFOiLNNCE 8O:ID WHERLEAS, the City Council of the City Of Rancho Cucamonga, State Of California, and THE DEER CHEEK Co NPANY (hereinafter designated as " principal") have entered into an agreement whDrObv principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated r „,v Y r 19 el , and identified as project Tract 9584 -1 Ss hereby referred to an. made a part hereof; and, 4.'H EgEAS, said principal is r.cuired under the terms Of said agreement to furnish a bond for the faithful performance of said agreement. RCL91 4.1 NOW, THEREFORE, We the principal and DUTLOPERS INSUen;CE COMPANY as surety, are held and firmly hours, unto the City of ianc :o Cucamonga (hereinafter called "City "), in the penal sum Of ENO Hundred Six tv 1Tro Thousand and no /100 Dpllars 13 16].000.00 ) awful money 3f the limited States, for the payment of which hIN well and truly to be made, we bind ourselves, our heirs, successors, execu- tors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is sucb that if the above beunded principal, his or its heirs, executors, administrators, successors or asvigcs, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration ' thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein ..ec- ified, and in all respects according to their true intent and meaning, anal shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall beccce null and void; otherwise, it shall be and remain in full force and effect, As o part of the obligation secure} hereby and in addition to the Face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of the agrm -ment or to the work to be performed thereunder or the spec - i ^fi ne tfons acconnanying the same shall in any Wirc affect its Ohliga Lions on this band, and ll dots hereby waive notice of any such ch mgr, e .nnsion of time, alteration or addition to the term:, of Lu ngrecment or to the Work or to the specifications. IN 4l1 P ::i:E9 4111E RE0 :, this ic: ;` -ument has been duly executed by t'.o pr:nm pal and surety above maned, on July 1921 , lg nl THE uI81 CREEK 1- 1,..IY/,/31 m— 1. uf[nc[Sblp BY: RI f,50Y n[VC'.yC�?I'I T• INC. Gene ral Pa[rne[ BY � subdi,dcr .i a lion H. gsh(rTry F:auecr' '. CM), M, Surety BY: 'frn DVIY;L nt' :T c a:.ene ral Parnwr DEMIDPI16 INSl1DN0 Y lly', 1 ='r r�n�� :,� __ Pool e. ere [f: rt,dr.��'[e'•: Len[ Larry' R. AEderscn ,n -fact Attorney, RCL91 4.1 BONDED NO. 103015 -A PREMIUM - $3.930.00 LIBOR AID '—T EIALMEN FOND NHERFAS, the City Council Of the City of Rancho Cucamonga, state OE ^_alito:n ia, and rNE C E? &R` COWMY (hereinafter designated as "print -pal ") have entered into an agreement wherebv princiP -1 agrees to install and complete "I- tain designated public improvements, which said agreement, dated P , 19 81, and identified as pro- jet. MCC =594 -i is he re b; re erre to and male a part hereof; apd, NRER.AS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 ( comnencing with Section 1082) of Part 4 cf Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material - men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one mundred =ILI Qnq Thousand --------------- Dollars ( 1�],�000. 00 or materials furaasn.d or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this band will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brc,,ght upon this bond. Should the condition of this bond be fully performed, than this obligation shall became null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, ex- tensien of time, aJtaraticn or addition to the terms of said ag:cemgnc or the specifications accompanying the same shall in any nannor affect its obligations on this bond, and it does here- by •.aiv ^_ notice of any such change, extension, alteration or id- ditron. P: NIT::::SF t1NF.nM . this inr¢rumrat has been dlly executed • by the Frincipal and surety above named, on duly el THE DEER CREEK COWANY, a caserat Partnership BY: GRIGSBY BEVELOPWnT,INC. ,e (pMOa•.l Partner N it Lam N. G q -YYPre lea DEVUG M L\cKRViCL CM91XNY. Surety BYt GRIFFIN Dv tWPNENT CO. ,a General Partner Z P y: yih �i �..- _ BY: % 'w f% /� sudtiv leer PT Gr,tfin,.pr., r a dent Larry R. Anderson Attorney -in -fact' RCE24 J • 6 nlmv n' n 1 A11i n STAFF REPORT DATE: August 5, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician 2S'� may. e CI I �I U 1977 SUBJECT: Acceptance of Map, Bonds and Agreement for Tract 10569 - William Lyon Company The subject map, located east of Archibald Avenue, north of Arrow Route is submitted by the William Lyon Company; it was tentatively approved by Planning Commission on May 13, 1981 for the division of 10.1 acres into 42 lots. An agreement and bonds has been submitted in the following amounts to guarantee the installation of off -site improvements: Faithful Performance $176,000 Labor & Material $ 88,300 Letters of approval have been received from Chaffey Union High School and Cucamonga School Districts. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of the bonds and agreement and the signa- ture of said map. Respectfully s omitted, *1314K as Attachments -?1. El RESOLUTION NO. 0-1-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 10569 WHEREAS, the Tentative Map of Tract No. 10569, consisting of 42 lots, submitted by The William Lyon Company, Subdivider, located east of Archibald, north of Arrow Route has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; • and, 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, e2 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 5th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip 0. Schlosser, Mayor L il.:= PRELIMINARY GRADING AND DRAINAGE PLAN TRACT NO 10569 zzzzz ti • AD (4 P • Cucamonga School District BOARO oR reua+EEa 8776 Archibald Avenue cAROE CONFER Rancho Cucamonga. California 91730 WIL41AM ORAWLORO Telephone (714( 987 -8941 LUIS M GGNZAIS GEO.GIA .1111 FIN MANUEI M TUNA July 24, 1981 Date LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Cucamonga School District and Cucamonga School District attendance boundaries for the following described project: Location /Description Tract #10569 North of Arrow and East of Archibald Number of Dwelling Units 42 Anticipated Completion Date August 1982 Gentlemen: The Cucamonga School District hereby certifies that the capacity for 21 students will be provided within 24 months of the completion ofof the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy F. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocations Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 60 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 60 day period shall validate such commitment. IISincer1\cly, ' { ;u;,v ri n[en dlYlt cc: Planning Division, City of Rancho Cucamonga RV: 11 CHAFFEY JOINT UNION HIGH SCHOOL &ISNICT Oxn WEST FIFTH STREET, ONtnMq. uurannin 91M? .a . ••�• sc .I'.' 00000 tit. n., I I. I ., .. o,....r... r., .... .,. .. .,.... ......u. :I EE'.'. 0MM;T oEPT. July 15, 1981 AM Pal 713tPl1011ij�!112ti11!�16 Letter. Of Certification A of School District Capacity 11 tin the Chnffey Joint Union if cdh_School. Dl sl ri ct and the Alta Lcnla N S. _ ottend.mcc buu nil ;/T ii:;T f.or the !e! Itr..-i ilo. ^,ciiLicd prti j%ct I �u';: ;'ir,n;' ^escri.pti.ono —Tr-ac-t- 10569 ._----- -_ —'- -- __ Norte d ast of Arrow Higllway,B.Arrbibald Ranrho'Cucamonga�CA _ Nninb•r oC b'..cllinys :_Y 42. AW t"ii+alud COMIACItion Date: unknown Th,• /liGtrict hereby certifies that the capocil.y for (42 x .15 =) 6.3 ntudonts will. be provided within 24 immUiv of the cu: it let ii, ri of the above, project. This ecrt:ific.it.ion is givan nn tl! -.• rn!!clition that t.ho State of California Utnl inure :: to ford tJw !•rnvis.ions of the Leroy C. Gremic Lca :u•; pun h,i :;r. Ar.t'. of I'176, ,n- nnl successor Act, in such nmnner that lhn State. Al It" ;d I'm Itu,urd Imy fund all school builil.inq ptnjort:: under it:+ Iul rim]. ruler, and requlations without priority points. ' h'. r-(Irmr t.!m nl' of thia capacity shall expiro 60 dol.,: fl'om the 'Lo" !hi:: lett:cr. Approval of the final map or th im;o.ucc Of !•iii l -liml plrr!tdt•s by the City of Oaltol!o tai thin that. 60 dv., " riod :;11.111 validato such comilittlu•nt. $�Il pt•1'1 n l'CnllCnl' j / \ : :. ^1 -'� 1u.' 11:1 V ❑<I�'ll1'. • hx-1)La" cc: 1•1.11miml bivisi:m . C i t y /,t 4i'mcho Clu.an!nnna '4 T 12 Pitch Mag Card Gothic No. 6126 . Margin = 12 - 96 6127 6127 6129 CITY OF RANCHO CUCAMONGA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 10569 KNOW ALL MEN BY THESE PRESENTS: That this agreement is node and entered into, in conformance with the provisions of the Subdivision Map Act of the State of Californi and of the applicable ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and The William Lyon Comoany nereinaf:er referred to as the Subdivider. WITNESSETH: THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said City as shown on the previously approved Tentative Map of Tract No. 10569 ; and, WHEREAS, said City has established certain requirements to be met by said Subdivider as prerequisite to approval of the Final Map of said Tract by said City; NOW, THEREFORE, it is hereby agreed by said City and by said Subdivider as follows: 1. The Subdivider hereby agrees to construct at Subdivider's expense all improvements described on Page 5 hereof within twenty -four months from the date hereof. 2. This agreement shall run for a period of 24 months from the date of the resolution of the Council of said City approving said Final Map and this agreement, This agreement shall be in default on the day following the second anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided. 7. The Subdivider may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than four weeks before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Subdivider fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Subdivider and /or his surety the full cost and expense incurred. 5. The Subdivider shall provide metered water service to each lot on said Tract in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. Utility - Deposit- Statement. Subdivider shall file with the City Engineer, prior to the commencement of any work to be performed within the areas described by said map, a written statement signed by Subdivider, and each public utility corpnration involved, to the effect that Subdivider has made the deposit lenally required by such public utility corporation for the connection of any and alt public utilities to be supplied by such Corporation within such subdivision. 7. The Subdivider shall he responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satistactinn of the City Engineer and the owner of such water system. • IMPROVEMENT AGREEMENT TRACT 110. 10569 PAGE 2 B. Improvements required to be constructed shall confpm to the Standard Drawings and Standard Specifications of the City, and to the Improvements Plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 5 hereof, as taken from the improvement plans listed thereon by number. The Subdivider shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. 9. Construction permits shall be obtained by the Subdivider from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 10. The Subdivider shall be responsible for removal of all loose rocks and other debris from public rights -Of -ray within or adjoining said Tract resulting from development work relative to said Tract. 11. Work done within existing streets shall be diligently pursued to completion. 12. Parkway trees required to be planted shall be planted by the Subdivider after other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting diagram approved by the City Community Development Director in all locations where the adjoining lot has been completely developed and built upon. The William L on tom an the Subdivider shall be re- sponsible for ma in to tning a trees p ante n good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is • later. 13. The Subdivider is responsible for meting all conditions established by the City pursuant to the r the ieicn Map A<t, City ordinances, and this agreement for the Tract, and for the maintenance of all improvements constructed there- under until the Tract is accepted for maintenance by the City, and no im- provement security provided herewith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee bond here- inafter described has been released by the City, Or until a new agreement together with the required improvement security has been submitted to the City by a successor to the Subdivider herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvements security to be furnished by the Subdivider with this agreement shall consist of the following, and shall be approved by the City Attorney: A. A faithful performance guarantee bond assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the City. B. A natenal and labor payment guarantee band assuring payment in full by the Subdivider far all materials, services, equipment rentals, and labor furnished to the Subdivider in the course of meeting the conditions of this agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the +� tract engineer or surveyor whase cert.i ficate appears upon the Final Tract Map for the setting of all tract boundary, lot corner, and street center- lire monuments and for furnishing centerline tie notes to the City. The amount of the deposit nay be any amount certified by the tract engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash band shall he as shown on the Construction and Bond estimate contained herein. • IMPROVEMENT AGREEMENT TRACT NO. 1056[_ PAGE 3 Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the tract engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 0 of this agreement. 16. The Subdivider warrants that the improvements described in this agreement shall be free from defects in materials and workmanship. Any and all portions of the improvements found to be defective within one (1) year following the date on which the improvements are accepted by the City shall be repaired or replaced by subdivider free of all charges to the City. The Subdivider shall furnish a maintenance guarantee bond in a sum equal to five percent (5Z) of the con - Struction estimate of $200.00, whichever is greater, to secure the faithful . performance of Subdivider's obligations as described in this paragraph. The maintenance guarantee bonds shall also secure the faithful performance by the Subdivider of any obligation of the Subdivider to do specified work with respect to any parkway maintenance assessment district. Done the improvements have been accepted and a maintenance guarantee bond has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain, during the tern of this agreement, such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused cy the negligence of the Developer or any contractor or subcontractor or anyone employed by Said persons. The public liability and property damage Insurance shall also directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death lia- bility limits of not less than $300,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not less than $100,000 for each accident or occurrence with •n aggregate limit of $200,000 for claims which may arise from the operations of the Developer in the performance of the work herein provided. S. Automobile liability insurance covering all vehicles used in the per - forrance of this agreement providing bodily injury liability li. -its of not less than $200,000 for each person and 5300,000 for each accident or occurrence, and property damage liabilitv limits of not less than 550,000 for each accident or occurrence, with an aggregate or not less than 5100,000 which may arise from the operations of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notifica- tion by registered mail from the insurance carrier. E • IMPROVEMENT AGREEMENT TRACT NO. 105_9 PAGE 4 Amount stipulated by tract engineer or surveyor: Amount as shown on Construction and Band Estimate: As evidence of understanding the provisions contained herein, and of intent to Amount deposited per Cash Receipt No._ - Date comply with same, the Subdivider has submitted the below described improvement security, and has affixed his signature hereto: Principal Mount; FAITHFUL PERFORMANCE BOND \` •HEREOF,,the •parties•hereto Description: 1 Principal Amount: 176,600 IN HTTNESS have caused these piesents to be duly Surety: l 1 executed and ac4 nowt a dg ed vith all fo%melities requ red by law on the dates set Attorney -in -Fact: �\ forth oppos ite their signatures. / 1 Address: Cate �,..� :N I ° ?I by / /`.� �� —� ,Subdivider MATERIAL AND LABOR PAYMENT BOND Description: Principal Amount: BB,Bro Surety: Attorney -in -Fact: Address: O CASH DEPOSIT MONUMENTING BOND Amount stipulated by tract engineer or surveyor: Amount as shown on Construction and Band Estimate: Amount deposited per Cash Receipt No._ - Date MAINTENANCE GUARANTEE BOND To be posted prior to acceptance of the tract by the City. Principal Mount; \` •HEREOF,,the •parties•hereto 1 IN HTTNESS have caused these piesents to be duly l 1 executed and ac4 nowt a dg ed vith all fo%melities requ red by law on the dates set �\ forth oppos ite their signatures. / 1 Cate �,..� :N I ° ?I by / /`.� �� —� ,Subdivider Cate C� .�/ /4 Subdivider ....:.... ............................ +.. CITY OF RANCHO CUCAMOJGA. CALIFORNIA I a municipal corporation by Mayor Attest: _ City Clerk Oa in City Attorney O 0 LJ Is 9 CL T' OF =CHO CCC.o:O::GA CONSTRUCTION AND BOND ESTALATE UNCROACI14EYT PMIIIT FEE SCIIEDVLE (Attach to "tnspeceor's Copy ") DATE:_ duly 1981 PERHIT NO. CO`PUTED BY H & F File Reference TR 10569 City Drawing No, 412 NOTE: Does not include Cu -.en, fee for writing permit or pavement replace- ment deposits. ^ONSTRL'CTIOV COST ESMtATE TTCH JOIANTM. IONT SiIT COST S P'OC':T P. C. 1`. v!, n I," C.F. L.F. A.C. Berm MOO ninl 1.. F. W, P.C., s, devnlR 1 9085 S. F. 1.75 15 899.75 6" Drive Ararnneh 8668 S.F. 2.10 18,2 .80 P" P.C.C. C.... Curter S. F. Sweet En ravar ion C.Y. Imported EnhanAmenr C.1'. Pr" 'a' icn of 5, ""do S.F. h 1 46874 0.0 A.C. (over 1301 Innci TON A.C. (900 to 1300 tcri) 908 IDS A.C. n -,der 590 tn nor) pons) TO\ r,: -a,, n no,) mN PI::h A.C. l hl rnrOVerl— s.F. 1" Thir'a A.0. S.F. 11 "'n - null N. n ',,,ad, rr EA. C. "W, f..0. m Grd3c .A. ^,0.30 100.00 ntM ad,n '+ rade 4 FA. 50.00 200.00 .Pa 1 I1 EA. 1 2 F. 200.00 st-e.1 CIA Rem val of A.C. Pavement 8163 - S. 0.35 .L Removal of P.L.C. Lurb I L. .p Recoeal of p.C.C. Sidewalk I 344 S. 0.3 3' Retaining IVd 4 .F 8 056.00 " RCP 18 L.F. 30.00 540.00 Catch Basin - W 7' 2 EA. O.G LOtal Oe'lre12,22 7' .V Guard Past, - FtOe Access 27" RCP >.0 Fier Air 8" P.L.L. Fire Drive 389 S.F. 2.40 1,089.20 Storm Drain J.S. 1 1 t 7 CONSTRUCTION COST 160.550.43 Ca::TI::GE:CY COSTS 16,055.94 TOIAL CONSTRVCTIO:: COSTS 176. 605.47 r'WVFCL Pi ?FDRYANC F. BO1:0 (1COf.) 176.000 IA LIM ,A:O, I6ATERIAI. &)6T (501) 88.300 ESf. C:k E5:11:G INSPECTION FEE 7.04: WE SCDETL'LE) NOCMD ;T.AT1ON BOND (CASH) 1.300 L] i V EXECUTED IN TRIPLICATE BOND NO. 7120736 PREMIUM $ included erformance bond LABOR AND MATERIALMEN 90ND WHEREAS, the City Council of the Cit)• f Rancho Cucomonga, State of California, and THE WILLIAM LYON of (hereinafter designated as "principal "7 have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said as reer..en t, dated 19_, and identified as pro- ject is hereby rofe r:ed m and mace a part hereof; and, WHEREAS, under the terms of said agreement, principal is re- qnired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title li (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOS, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho 0ucamonga and all contractors, subcontractors, laborers, meterial- men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Eighty -Eight Thousand Three Hundred and no /100 - -- Do lays (a )-,--For materials f u:nlshea or labor thereon of any kind, or or amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount he r einabove at forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obliaation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the jud anent therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure_ to the benefit of any and all persons, am...menli and corporations entitled to file claims under Title 15 (Commencing with section 3052) of Part 4 of Division 3 of the Civil Code, so as to give a riche of action to them or their assigns in any suit bro,ght upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of said agr­?mont. or the specifications accompanying the same shall in any runner affect its obligations on this bond, and it does here. - byeaivC notice of any such change, extension, alteration or ad- dition. iti Y.i O:.7:55 WHERLOF, this instrument has keen duly executed by the principal and surety above named, on duly 13th _ 19yy . The Wkllipm Lyon- Cnmp•nn� DevClo per BY The ,eaarican Insurance Company SU [e��Gy ) Attorney in fact �Aane I4, Moore 0 EXECUTED IN TRIPLICATE BOND NO. 7120736 PREMIUM $680.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and THE WILLIAM LYON COMPANY (hereinafter designated as "principal") have entered into a agreement whereby principal agrees to install and comnlete cer- tain designated public improvements, which said agreement, dated 19 , and identified as project Tract 1056q is hexeb': [efe rred to an made a part hereof; and, wNSEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. THE A BXCAN NOW, THEREFORE, we the principal and INSURANCE Co.PANy , as surety, a— ie he�d- f vrmly bound unto the City of Rancho cucamonga thereinafter called "City "), in the penal sum of n, _w, drnd nrvenry -six ThOUSand Pil Dollars (.� 1]fi _fi nn_np .ul money o_ t e nited States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, sound sso rs, execu- tors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration thereof made as therein provided, on ais or their part, to be kept and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become mull and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- tornev's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the spec- ifications accompanying the same shall in anywise affect its ohlir,.ations of this bond, and it does hereby waive notice of any such chance, extension of time, alteration or addition to the terns of the agreement or to the work or to the specifications. g� I;1 tdITN ES$ WIIE Rt:O P, this instrument has uF n1 �E�F�y executed d by the pr muipnl and surety aGovc named, me y 19_x. The William Lyon Company The American Insurance Company ❑CVCIO pCr � $UYC Cy' \ i BY:, III r Y Aft rh ney in fact 1aac M. Moore E July 30, 1981 The Honorable Mayor of Rancho Cucamonga & Members of TO the City Council FROM: Mobile Home Owners Committee of Rancho Cucamonga SUB: Ordinance No. 148 On July 28, 1981 at 7:30 P.M., Mobile Home Owners representing the five (5) major parks in Rancho Cucamonga met to discuss City Ordi- nance No. 148 that deals with rents on mobile home spaces. The purpose of this meeting was to determine what protection, if any, the ordinance offered us to combat excessive rent increases. It was agreed that the only thing the ordinance afforded us was that it forced the owner, or his representatives, and a tennants committee from the affected park, to meet and confer on the rent increase if said increase exceeded 75% of the CPI in any twelve • (12) month period. Hopefully the problem could be solved at this level, however, it was the unanimous opinion of all that the solution would in all cases require the services of the West End Mediation Board. It is at this point where we feel the ordinance does not protect us. Sec. S. 10.080 clearly states that the Mediation Board only acts in an advisory capacity, that the park owner could literally ignore the decision of the Board. This would leave the mobile home owner with- out the desired results and $165.00 poorer.. The solution to this perplexing problem is quite simple. We feel that a State Arbitration Board must be obtained to render a binding decision that would protect both the park owner's and the homeowner's. You have promised if this Ordinance does not bring about the desired results you will amend it. Your ordinance will be severly tested very soon since most of the parks will receive rent increase notices within the next few months. Your action will be closely observed. We represent approximately 3,000 voting citizens in Rancho Cucamonga and, frankly, the word we are hearing from them is to elect council members who are more inclined to come to our aid. Respectfully submitted, Harry ae,Z'hirman, Mobile Home 07mer 's o=iee J LI L IWO . ORDINANCE NO. 148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 8.10 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICI- PAL CODE TO PROVIDE FOR A MOBILE HOME PARK RENT MEDIATION PROCESS. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Title 8 of the Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 8.10 to read as follows: & ✓. "Chapter 8.10 "MOBILE HOME PARK RENT MEDIATION "Sections' 118.10.010 Intent and purpose. "8.10.020 Right to petition. 118.10.030 Contents of petition. 118.10.040 Filing and fees. 118.10.050 Preliminary processing. 118.10.050 Meet- and - confer session. 118.10.070 Appeal. 118.10.080 Conduct and mediation. "8.10.090 Finality of decision. 118.10.100 Judicial relief. 118.10.110 Remedies for failure to attend meet -and- confer session. "8.10.120 Rescheduling and continuances. 118.10.010 Intenr and purpose. The purpose of this chapter is to establish a mandatory meet- and - confer process between tenants and owners of mobile home parks with respect to certain proposed rent increases. 118.10.020 Right to petition. Within thirty (30) days after an owner of a mobile home park has given notice to the tenants thereof of a proposed rent increase which exceeds the consumer price index as outlined in Section 8.10.050, the A tenants may petition the Citv to call a mandatory meet -and- ", confer session between the mobile home park owner and a committee representing the tenants for the purpose of discussing the proposed rent increase and the reasons therefor. & ✓. Ordinance No. 148 Page 2 "8.10.030 Contents of petition. Any petition filed pursuant to this chapter shall contain all of the following information: "A. The name and address of the mobile home park. "B. The name and address of the owners) of the mobile home park. "C. The number of spaces in the mobile home park. "D. The number of spaces which were vacant on the date the notice of rent increase was given. "E. A statement of the existing rent schedule and the proposed rent schedule. "F. A statement of the rent schedule in effect as of twelve (12) months prior to the date on which the proposed rent increase would be effective. "G. A brief statement of the reasons why petitioners believe the proposed rent increase is not justified and a request for a meet -and- confer session with the mobile home park owner. "N. The signatures of and identification of the mobile home space occupied by each tenant signing the same. "I. The names of a tenants' committee of not more than five (5) persons, designating one (1) person as chairperson. "J. The mobile home park owner shall provide the petitioners, upon request, with such information identified in A through F above as petitioners require to complete the petition. "8.10.040 F11 ing and fees. "A. Any petition filed pursuant to this chapter shall be filed In the Office of the City Clerk. "B. No petition tendered for filing pursuant to this chapter shall be filed unless the filing fee therefor, in an amount established by resolution of the City Council, is first paid. • "8.10.050 Preliminary processing. Within three (3) working days after receiving a petition filed pursuant to this chapter, the City Clerk will review the same to determine whether a meet - and - confer session shall he required. A meet- and- confer session shall be required only if: • Ordinance No. 148 Page 3 "A. The petition contains the signatures of tenants representing more than fifty percent (50 %) of the occupied mobile home spaces in the mobile home park. "B. The petition contains all of the information required by Section 8.10.040 hereof; and, "C. The proposed rent increase when added to all rent increases which were effective .curing the 12 months immediately proceeding the effective date of the proposed rent increase computes to be a sum greater than seventy -five (75 %) of the percentage by which the Los Angeles -Long Beach- Anaheim Area Consumer Price Index for Urban Wage Earners and Clerical Workers, as reported by the United States Bureau of Labor statistics, has increased in the twelve (12) months immediately preceding the date of the most recently published CPI information. "If the City Clerk determines that a petition complies with the requirements of this section, the City Clerk shall select a date, time and place for a meet - and - confer session between the tenants' committee and the mobile home park owner. Whenever possible, the date selected shall be at least ten (10) days prior to the effective date of the proposed rent increase. The City Clerk shall, by certified mail, give notice of the meeting to the chairperson of the tenants' committee and the mobile home park owner. "8.10.060 Meet- and - confer session. At the mandatory meet - and - confer session, the tenants committee and the mobile home park owner, or a duly authorized representative, shall meet for the purpose of exchanging information, opinions and proposals with respect to the proposed rent increase. The mobile home park owner shall be prepared to give an explanation of the necessity for a rent increase in excess of the Consumer Price Index percentage described in Section 8.10.050C and the mobile home park owner shall also be prepared to inform the tenants as to the nature of any substantial improvements proposed for the mobile home park during the next year, together with the information that would substantiate the proposed increase. The parties shall endeavor to reach agreement on matters within the scope of discusgioo. 118.10,070 Appeal. If agreement on the amount of the proposed rent increase cannot be. reached between the tenants' committee and the mobile Mme park owner, either party may JO appeal to the West End Mediation Board, located in Ontario, California, for further mediation and conciliation. Notice of such appeal most be filed with the City Clerk not more than five (5) days after termination of the mandatory meet -and- confer sosscon. A notice of appeal will not be received for filing unless it is accompanied by payment of 1/2 of the fee Is established by resolution of the City Council, which said fee shall be in an amount appropriate to compensate the West End Mediation Board for the mediation services to he rendered. The responding party shall pay the other 1/2 of the fee within 10 days. Ordinance No. 148 Page 4 118.10.080 Conduct and Mediation. Mediation by the West • End Mediation Board shall be conducted in accordance with standards of the Federal Mediation and Conciliation Service. The West End Mediation Board shall prepare a summary of facts concerning the proposed rent increase in the event the mobile home park owner and the tenants' committee cannot reach mutual agreement upon a proposed rent increase. Such summary of facts presented by the West End Mediation Board shall be advisory. "8.10.090 Finality of Decision. The summary of facts concerning the proposed rent increase prepared by the West End Mediation Board shall be the final administrative action upon any petition filed pursuant to this chapter with no provisions for further appeal. Such findings and recommendations shall be public records and may be certified by the secretary of the West End Mediation Board, if any, or by the City Clerk. 118.10.100 Judicial Relief. Nothing in this chapter shall be deemed to preclude any mobile home park tenant or mobile home park owner from seeking and obtaining any appropriate judicial relief. "8.10.110 Remedies for failure to attend meet - and - confer sessions. "A. If the tenants' committee fails to attend a scheduled meet - and - confer session or a scheduled mediation session before the West End Mediation Board, the City Clerk shall order the petition dismissed and no further proceedings shall he had thereon. "B. If the mobile home park owner, or an authorized representative, fails to attend a scheduled meet- and - confer session or a scheduled mediation session before the West End Mediation Board, then the proposed rent increase shall not become effective until such time as the mobile home park owner, or an authorized representative, has in fact attended a rescheduled meet- and - confer session or a rescheduled mediation session before the West End Mediation Board, as the case may be. "8.10.120 Rescheduling and continuances. "A. Rescheduling of meet- and - confer sessions shall be done by the Citv Clerk. Rescheduling of mediation sessions • before the West End Mediation Board shall be (lone by the secretary of the West End Mediation Board. Any such rescheduled session shall be held within fourteen (14) calendar days of the date originally set therefor. • 0 Ordinance No. 148 Page 5 "B. A meet- and - confer session may be continued by written stipulation of the tenants' committee and the mobile home park owner or his or her authorized representative and such stipulation shall be filed with the City Clerk. A hearing on any appeal to the West End Mediation Board may be continued in accordance with the rules established by the West End Mediation Board. ". SECTION 2: TERMINATION: Unless extended by action of the City Council, this Ordinance shall terminate and have no force and effect three years after adoption. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. APPROVED and ADOPTED this day of AYES: NOES: • ABSENT: ATTEST: Lauren M. Wasserman, City Clerk 9 Phillip D. Schlosser, Mayor (p (n 0 RESOLUTION NO. 71-il A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING APPROPRIATE FILING FEES AND APPEAL FEES AFFECTING THE CITY'S MOBILE HOME PARK RENT MEDIATION PROCESS AS OUT- LINED IN CHAPTER 8.10 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNCIPAL CODE The City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1.0 Filing Fee A Filing Fee pursuant to Section 8.10.040 of the Rancho Cucamonga Municipal Code shall be $15.00. Payment of this filing fee will accompany the initial petition requesting a meet and confer session as outlined in Section 8.10.060, SECTION 2.0 Appeal Fee The Appeal Fee as established in Section 8.10.70 of the Rancho Cucamonga Municipal Code shall be $300.00.a�nE�Me to thy a _ e .. ru, r• Provisions for payment of the Appeal Fee are contained in Section 8.10.070 of the Rancho Cucamonga PASSED, APPROVED and ADOPTED this day of 1981. AYES: NOES: ABSENT: ATTEST: 10 Lauren M. Wasserman, Clerk Phillip D. Schlosser, ser, Mayor CITY OF RANCHO CUCAMONGA (> N., Phillip D. 561oue. Arthur N. Drid6e Jon D. Mikel. 0� �G z Jame. C. Froal Michael A. Palombo Ulj V > 1977 Shirley Huston Board of Directors West End Mediation Board 271 South Lemon Ontario, California 91761 July 14, 1981 LETTER OF AGREEMENT Per our telephone conversation of July 13, 1981, the following will serve as an agreement between the City of Rancho Cucamonga and the West End Mediation Board. The City of Rancho Cucamonga has adopted Ordinance 148 providing for a Mobile Home Park Rent Mediation Process which requires mandatory meet and confer meetings between tenants and mobile home park owners with right of appeal to the West End Mediation Board for further mediation and concili- ation. The objective of the Ordinance is to provide a process to mediate disputes between owners and tenants concerning rent increases in mobile home parks within the City of Rancho Cucamonga. The West End Mediation Board is a private, non - profit organization serving the West End Cities including the City of Rancho Cucamonga. The primary goal of the West End Mediation Board is to provide neutral mediation and assisting parties to resolve their disputes. The City of Rancho Cucamonga Agrees To: 1. Pay to the West End Mediation Board the sum of two hundred and twenty - five dollars ($225.00) for each appeal to the City for mediation. The West End Mediation Board Agrees To: 1. Conduct mediation in accordance with standards of the Federal Mediation and Conciliation Service. Each mediation may require one or more sessions. 2. Insure that mediation is conducted in accordance with Ordinance No. 148 ,per of the City of Rancho Cucamonga, now known as Chapter 8,10 of the Rancho Cucamonga Municipal Code. Continued...., r POST OFFICE: BOX 907 • ItA\ CIIOCCC,I ?IONCA.CAIdFOR\IA91730 • (7141989.1851 Letter of Agreement • July 14, 1981 Page Two 3. Provide to the City Clerk of the City of Rancho Cucamonga written minutes concerning activities, actions, results of hearings and all other matters pertinent to the provisions of Section 9.10 of the Rancho Cucamonga Municipal Code. 4. The West End Mediation Board shall provide a summary of facts concerning the proposed rent increase in the event the mobile home park owner and tenants' committee cannot reach mutual agreement upon a proposed rent increase. Such summary of facts presented by the West End Mediation Board shall be advisory and shall be the final administrative action upon any petition filed pursuant to applicable City codes with no provisions for further appeal. 5. Mediation sessions would be conducted within the Rancho Cucamonga City limits at a location designated by the City of Rancho Cucamonga. This agreement will be effective until cancelled upon written notice by one of the parties. <'. ' " " �:� � 1. l 1 C` ikL YiL-v II<u. For City of Rancho Cucamonga Dated: 6y For West End Mediation Board Dated: 0 `J 0 I EST END MEDIATION BOARD "EST 217 S. LEMON • ONTARIO, CA. 91761 'w DL (714) 983 -1633 To: City of Rancho Cucamonga From, West End Mediation Board I * (contacts Laure Lathrop, Mark Gabrellian) Date& March 18, 1981 MEMORANDUM ON THE NATURE OF THE WEST END MEDIATION BOARD& A CITIZENS' DISPUTE RESOLUTION MECHANISM I. BACKGROUND Since its emergence in this area over three months ago, the West End Mediation Board has served as an alternative to the formal legal system for landlords and tenants. Its has dealt with situations, many of which were the result of misunderstanding or miscommunication, that otherwise might have erupted into a legal battle ... or even worse. Although it certainly is not a prerequisite to legal action, the West End Mediation Board managed to attract certain situations that were not always appropriate to, and could be handled more expeditiously and inexpensively than through our formal legal system. Those rental disputes that the Mediation Board assisted with included rental increases, thirty day notices to vacate, continued tardiness in rental payments, security deposit refunds, payment schedules fcr back rent, among others. Prior to, and since its opening, the West End Mediation Board has actively pursued an outreach program to familiarize community groups, governmental agencies, the legal community and the general public with its services and the meaning of mediation. Memo -page 2 Through public speaking engagements and media attention, the agency has striven to attract anyone with a rental dispute that • may be more appropriate for mediation rather than litigation. II PROCEDURE Renters and landlords have become aware of the West End Mediation Board in a variety of ways - -- through the press, city government, community agencies, the apartment owners association, legal services or by personal referrals from friends. The individual will call our office and relate their situation. At that point, staff determines whether the case is "mediatable "i or whether its complexities necessitate legal assistance. If there is a possibility that mediation may help resolve the dispute, and if the individual consents, a mediator will contact the other party involved, hear their side of the story, and see if an agreement can be reached. The majority of open cases are handled in this manner over the phone. However, if no agreement is attained over the phone, and if the parties are willing, a mediation session is scheduled at a "neutral site ", such as a conference room. The mediation session is confidential with only the disputants and mediator in attendance. If the mediation is successful, its resultant agreement is put in writing and signed by everyone involved. III TRAINING Effective training in mediation technique is the cornerstone of a legitimate community mediation program. This agency's mediators have been trained by the Federal Mediation and Conciliation Service to insure the highest level of professional performance. Essentially, training consists of lecture, listening skills, discussion, and extensive role play by the trainees, The training was devised by the Federal Mediation and Conciliation Services in conjunction with this • office and materials from other established community mediation boards. • -7r • C TOTAL INTAKE Opened Cases Mediation Sessions (A sub -total that is included in the above category.) Informational Calls Memo -page 3 V STATISTICAL ANALYSIS Nov. 17. 1980 - Feb. 28, 1981 NOV DEC JAN FEB TOTAL 31 76 137 113 347 20 27 38 29 114 1 2 1 0 4 11 49 99 84 233 RESOLUTION RATE ( 80%) Total Resolved 14 25 28 23 90 Total Unresolved 6 2 SO 6 24 CITY REPRESENTATION FOR OPENED CASES Ontario 22 18 14 13 48 Upland 5 7 6 7 15 Chino 2 4 3 3 10 Montclair 1 8 4 4 11 Rancho Cucamonga 1 2 1 0 5 Pomona 1 3 3 12 11 Others 6 10 6 19 14 NOTESi (1) Onen Cases. The ME considers a case open the minute the respondent in the dispute is contacted by a mediator. (2) Informational Call. Many landlords and tenants �1 call the office with no specific dispute, but in need of some information on their rental right and responsibilities. Although each call is prefaced with the reminder that staff are not lawyers, basic information is dispensed or referred to a more knowledgable source. (3) Resolved Cases. A mediation case is considered resolve( when an understanding through the form of an agreement is reached by disputants. Both parties may not be Ontirely satisfied with the agreement, but that is the nature of mediation. u THE ALTERNATIVE THE EXISTING JUDICIAL SYSTEM including the police and courts are sometimes called on to deal with situations -- -such as rental problems, neighbor quarrels, and merchant disagreements - -That might first be handled by mediation. If you would like to avoid the time and cost of legal action, the West End Mediation Board may be your answer... THE WEST END MEDIATION BOARD is a new non - profit community organization. It is a neutral place where community residents may bring the problems they are having with each other. The Mediation Board will help people settle their disputes themselves. Free of charKe ' Fast Entirely b'olunlary English- Spanish Bilingual TO USE THE SERVICE: Call or slop by the office any weekdav between PAM and 51'M. A staff member will talk to you and then call the person you are having problems with. Then, if it is necessary and you are both willing, a mediation session will be scheduled. Cl THE MEDIATION MEDIA NON IS A \'01.1 \'I A11Y PROCESS in which n specially trained cnnnnunily medial., helps disputing people find a wav to solve the problems that they are having with ear), other. Mediation through understanding, cooperation, and goodwill. THE MEDIATOR IS A MIDDLF,MAN: A neutral third person who is familiar with file community and whose role is to darifv issues and help others reach a speedy agreement. THE MEDIA'T'OR IS NOT A JUDGE. lie or she does not make decisions. The mediator helps conflicting parties arrive at their own compromise. WEST END: MEDIATION Una Alternative porn tan J Comes en Resolber Disputers ARRE NDADO1t- AltRENDATARIO 217 S. Icmon Oruario— CA _91761 Ia-) - y � 46 1 u CITY OF RANa-10 CUrAjNIQ \UA STMT REPORT DATE: August 5, 1981 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03- TT 11610 - A change of zone from A -1 (limited agriculture) to R -2 -PD (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land lo- cated on the west side of Turner Avenue between Church Street and Base Line. Staff has been working with the applicant to resolve homeowners concerns. We have just now received some revised plans and need the opportunity to review these plans with the residents before a decision is made by the City Council. We request that this be continued to the August 19 meeting. Respectfully JACK LAM, Director of Community Development JL:Jk • ORDINANCE NO. J50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR S PARCEL NUMBER 208 - 061 -03 FROM A -1 (LIMITED AGRICULTURE) TO R- 2 -P.D. (MULTI - FAMILY - PLANNED DEVELOPMENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER AVENUE BETWEEN CHURCH STREET �W BASE LINE.�hCgt�. 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 descrioed, 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 208- 061 -03, generally located on the west side of Turner Avenue between Church Street and Base Line, is hereby changed from A -1 to R- 2 -P.D. 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 Roily Reeort, a newspaper of general circulation puhlished in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 2 PASSED, APPROVED, AND ADOPTED THIS `DAY OF JULY 9 15, • • V CITY OF RA \CF!O CUCX%10 \GV ST; u; 1 REPORT DATE: July 1, 1981 70: Members of the City Council and City Manager FROM: Barry K. Hogan, City Planner Ey: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -03 - RLS ASSOCIATES - A change of zone from A -1 Limited Agriculture to R -2 -PD (Multiple Family Planned Development) for 4.55 acres of land located on the west side of Turner Avenue between Church Street and Base Line Road for the development of 28 condominiums - APN 208- 061 -03 ABSTRACT: The Planning_ Commission, at its meeting of May 27, 1981, held a duly advertised public hearing to consider the above- described project. After review of the Staff recommendation and conclusion of the public hearing, the Planning Commission has recommended the adoption of the change of zone to allow for the development requested. The Planning Commission at this meeting, also adopted a Resolution approving the tract map for this development with conditions of approval, pending the approval of the zone change by the City Council. Attached is a copy of the Planning Commission Staff Report of May 27, 1981, which fully describes the project. The Project is consistent with the General Plan and all other related City Ordinances, There was no opposition voiced on the project during the course of the public hearing before the Planning Commission. Please find attached a copy of the Planning Commission Resolution No. 81 -59 which recommends the approval of the requested change of zone. A pro- posed Ordinance for the change of zone is attached for your review and consideration. CORRESPONDENCE: A public hearing notice was published in the Daily ReDor4 newspaper and notices have been mailed to property owners within 300 feet of the project boundaries. To date, no correspondence either for or against this project has been recr_ived. 1^ Environmental Assessment /Planned Development 80 -03 City Council July 1, 1981 Page Two RECOMMENDATION: The Planning Commission recommends adoption of the attached Ordinance to approve Planned Development No. 80 -03. :ed, Attachments: Proposed Ordinance Resolution No. 81 -59 Planning Commission Staff Report of May 27, 1981 • • %7 RESOLUTION NO. 81 -59 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT NO. 80 -03 REQUESTING A CHANGE IN THE ZONING FROM A -1 TO R- 2 -P.D. FOR 4.55 ACRES LOCATED ON THE WEST SIDE OF TURNER, BETWEEN CHURCH AND BASE LINE, APN 208- 061 -03. WHEREAS, on the 27th day of August, 1980, an application was filed and accepted on the above - described project; and WHEREAS, on the 27th day of May, 1981, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the followingindings: 1. That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing land use in the surrounding area; 2. The proposed zone change would not have significant impact on the environment nor the surrounding properties; . and 3. That the proposed zone change is in conformance with the existing and proposed General Plan. 9 SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on May 27, 1981. NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 27th day of May, 1981, Planned Development No. 80 -03. 2. The Planning Commission hereby recommends that the City Council approve and adopt Planned Development No. 80 -03. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPROVED AND A00PTED THIS 27TH DAY OF MAY, 1981. PLANNING COMMISSION OF THE CITY OF RANCHO CUCA.MONGA F Page 2 Richard Dahl, Chairman • ATTES 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: COPMIISSIONERS: Rempel, Tolstoy, King, Sceranka, Dahl NOES: COMMISSIONERS: "tone ABSENT: COMMISSIONERS: None i I -.7 E • -- — CITY OF RA\CFIO CUU,,AO \GA STAFF REPORT 1977 DATE: May 27, 1981 TO: Members of the Planning Commission FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -03 (TENTATIVE TRACT 11610) - R.L.S. ASSOCIATES - A planned residential development on 4.55 acres of land consisting of 28 dwelling units in the A -1 zone (R- 2 -P.D. pendina) and being divided by Tentative Tract No. 11610 into 28 condominium units (one lot) located on the west side of Turner Avenue between Church Street and Base Line Road - APN 208- 061 -03 ABSTRACT: The above - described project has been reviewed by the Grcr.th Management and Design Review Committees and has successfully attained the necessary points for consideration by the Planning Commission. Staff has prepared the recommended conditions of approval and a detailed analysis of the project. Please find attached a Resolution of approval with conditions for the Tentative Tract and a Resolution recommending approval of the Planned Development designation to the City Council for your review and consideration. BACKGROUND: The applicant is requesting approval for the development of a planned residential development on approximately 5 acres of land located on the west side of Turner Avenue between Church Street and Base Line Road (Exhibit "A "). The project is designed as a planned development consisting of 28 dwelling units, enclosed garages, private patios, and common open space areas. The site is presently zoned A -1 and is occupied by an unmaintained citrus grove. Surrounding devel- opment consists mainly of single family residential development with undeveloped land to the north and west. The project site and the sur- rounding undeveloped area to the north and west is General Planned for residential development at 4-8 dwelling units per acre. This project proposes a density of approximately 6 units per acre. The project has been reviewed and rated by both the Growth Management and Design Review Committees and has successfully gained the minimum threshold necessary for consideration by the Planning Commission. Environmental Assessment /Planned Development 80 -03 May 27, 1981 Page 2 ANALYSIS: The project, as presently proposed and with the conditions recommended by Staff, will be developed in accordance with the State Subdivision Map Act, the City Subdivision Ordinance, and the Zoning Ordinance. As was previously mentioned, this is a planned development with common open space usable by project owners. All dwelling units meet the building setback requirements along the street frontages and are set back a minimum of 25 feet to adjacent property lines and to the south and west. All units are provided with an enclosed 2 -car garage and private patio areas. The dwellings are placed either as 2 attached dwelling units or a 4 -o7ex combination. The project does not propose any perimeter walls either along Turner Avenue or the proposed street. Access to the project will be provided from a proposed street off of Turner Avenue. Private cul -de -sacs have been created to serve for appropriate turning radii for fire protection equipment and provide additional landscaping and parking areas. Each of the dwelling units are also provided with a 20 foot minimum driveway apron in front of each of the garages. The Conceptual Grading and Drainage Plan has been reviewed by the Grading Committee and has been approved subject to the approval of the final Grading Plan. The project will be utilizing a combination of underground storm drains along the southern boundary of the project and proposed streets to drain the water to Turner Avenue. Adequate flood protection measures are recommended by the City Engineer that could take the form of increased curb heights, flash wails, and mounding. A significant portion of the site, more than 50%, is proposed to be open landscaped areas.. The Turner Avenue frontage will not be walled, but rather provided with mounding and appropriate landscaping. The Site Plans presently indicate a curb - adjacent sidewalk and, after dis- cussion with the City Engineer, we recommend that a meandering sidewalk be utilized in combination with the mounding. In order to meet the secondary access requirements required by the Fire District, a turf- block fire lane is proposed along the southeastern corner of the project. In recent discussions with the Fire District, we have found that using compacted decomposed granite with 6 inches of native soil on too and planted with grass, is acceptable to the. Fire District for a fire lane. Therefore, it is recommended that in lieu of the turf -block proposed, decomposed grantite or other acceptable material required by the Fire District be used and compacted to acceptable levels. • • n �J Environmental Assessment /PD 80 -03 May 27, 1981 Page 3 The Design Review Committee has reviewed the proposed desiqns of the project and has found them compatible with adjacent proposed devel- opment. As details of the recreation building and pool area have not been submitted, the Design Review Committee recommended approval of these areas in concept only and that details of this area and the building be provided for review and approval prior to issuance of building permits for this project. The attached elevations portray one and two story buildings consisting of exterior materials such as heavy textured stucco, cedar qrooved siding, wood trim, plant -ons, and architectural 70 asphalt shingles. Detailed colored elevations of these buildings will be provided for review by the Commission. Attached is Part I of the Initial Study as completed by the applicant. Staff has completed Part it of the Initial Study and a field investi- gation to determine potential significant adverse impacts upon the environment. After completion of such study, Staff has found no sig- nificant adverse impacts upon the environment as a result of this pro- ject and, therefore, recommends issuance of a Negative Declaration. CORRESPONDENCE: This project has been advertised in the Daily Report newspaper as a public hearino item and property owners within 300 feet of the project boundaries were notified by mail of the hearing. To date, no correspondence has been received regarding this project. RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing to consider public input on the project and all of its elements. If, after such consideration, the Commission concurs with the findings and conditions of approval recommended, then adoption of the attached Resolutions would be appropriate. submitted, P v"^ BARP,X City plan B KH:�4V: J r Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" P, Exhibit "G" - Exhibit "H" - Initial Study Resolution of Resolution of Location Map Detailed Site Plan Illustrative Site Plan Project Perspective "F" - Building Elevations Floor Plans Conceptual Street Alignment Part I Anproval for Tentative Tract 11610 Anprnval for PD 80 -03 � l yicniiy mass no scale NO)KTII 9 CITY OF T-r ll:plc- RD- tic o; R,1\CI I) C[:C1MONGA TITIY: �-CCL IQ j9 PLANNING DIVISION FNI II Tr _A_.. -_ -_ scmy: TPI — 8 0 I YW • c� s c� qcp LaY1YC� sPD OuIDYI� •el.D 'Y PROJUCT DATA' ITO_ bu!W�Q W. :74 _Mlmlng _ail. Pra j,d A ...... .... 5-4 -ILLUSTRATIVE SITE PLAN 11 • -r (V "o wr MANNM KnNVMMAL! 1 F, . X ctT :It A AIX-% front BUILDING TYPE "A-2- 0 BUILDING TYPE "B-2n • FEM37 11 4 -B V f AV M aq �01 r. r BUILDING TYPE "B-4" 01 d 3 - Wu oe Jj ac==Nm MISSION MONSOON MISSION SIMONSON �m �w Ij III NO wa 0 0 0 B.R. men! I Mali -Be man a" USX USX �R- J-d tee. M.G.R. TL-or'-- J p I VRi FI A� SA N.M. I LR LR La. 1 r) ------ —71 QN a GUILDRIG TYPE "A-2"' 'BUILDIHO TYPE "B-2" BUILDING TYPE "B -4" ac==Nm MISSION MONSOON MISSION SIMONSON �m �w Ij III NO wa 0 0 0 NO wa 0 0 0 Boiling anNanv z+at4-.,I nl p \ inH .a i'M'NGIirJ „ e " a J I � i1�� ��� ABM wwi c11 g p 1 ��— 111Ii e a ICI 0 I-- . ;. eiujollleo I solep sol 'ONI 'S31W9055tl 4 SiO r • Ueld luamu611y paµS lenldaouoo .V.1-v '£IHHVH 'O 'SUV30HA anNanv z+at4-.,I nl p \ inH .a i'M'NGIirJ „ e " a J I � i1�� ��� ABM wwi c11 g p 1 ��— 111Ii e a ICI 0 I-- CITY OF RANCHO CUCAMONGA • INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $90.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Studv. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no environmental impact and a Negative Declaration will be filed, e) The project will have an environmental impact and an Environmental Impact Renort will be prepared, or 3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. PROJECT TITLE: Tentative Tract S11 11O APPLICANT'S NAME, ADDRESS, TELEPHONE: ,.L4 A =.,ciate=. Inc. 3vO �a,atora Ave„ Ln: Gat", CA m509n r4n91 .954 -,5Pl NAME, ADDRESS, TELEPHONE OF PERSON TO 3E CONTACTED CONCERNING THIS PROJECT: 997 Nnrth second Ave. I Inland, CA 9179, (714) 385 -0a95 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) T,rne^ Ave. .rn r a-nline Ave., � ?anrhn Cucamon -a, CA LIST OTHER PER:;ITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 Cl • PROJECT DESCRIPTION lJ DESCRIPTION OF PROJECT: Planned Community Cevel,onent con= i:tinn if " 'nit; - one and tvo =tore Fuildin,c ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: 4.55 Acre Pros 43, 50 9,7, of oronn -ed huildin'= DESCRIBE THE ENVIRON?IEMAL SETTING OF THE PROJECT SITE INCLUDING INFORMLATION ON TOPOGRAPHY, PLANTS (TREES) , ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Is the project, part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant enviromental impact? Nn I- z K WILL THIS PROJECT: YES NO W_ 1. Create a substantial change in ground contours? _ X 2. Create a substantial change in existing noise or vibration? _ X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? _ X 4. Create changes in the existing zoning or general plan designations? X 5: Remove any existing trees? How many? Greve _ X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: °emoval of a deteriorated Bran ^.e grove • IMP3RT.A*.4 : If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information reauired for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaulation can be made by the Development Review Committee. Date 012441 k0 Signature Title ✓iQGL- 1716 1 RESOLUTION NO. 81 -60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT MAP NO. 11610 WHEREAS, Tentative Tract Map No. 11610, hereinafter "Map" submitted by R.L.S. Associates, applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as 4.55 acres located on the west side of Turner, between Church and Base Line into 1 lot, regularly came before the Planning Commission for public hearing and action on May 27, 1981; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Divisions reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Divisions reports and has considered other evidence presented at the public hearing. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: • SECTION 1: The Planning Commission makes the following findings in regard to Tentative Tract No. 11610 and the Flap thereof: (a) The tentative tract is consistent with all applicable interim and proposed general and specific plans; • (b) The design or improvements of the tentative tract is consistent with all applicable interim and proposed general and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Page .z...,.. .... (g) That this project will not create adverse impacts on the • environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 11610, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLANNING DIVISION: .. The secondary emergency access shall be constructed of compacted decomposed granite and covered with 6 inches of native soil and planted with grass. 2. Designs and details of the pool area and recreation building shall be submitted to and approved by the City Planner prior to issuance of building permits. This area shall also include a childrens play area. 3. C.C.& R's shall be prepared for this project and shall include a clarification that the five lane must be kept free and clear at all times. ENGINEERING DIVISION: 3. A parcel map for the entire recognized parcel proposed to be divided shall be submitted for approval and shall be • recorded prior to recordaticn of this tentative map or issuance of any permit for the project, whichever comes first. 4. Any applicable portion of the conditions of approval for the above- mentioned parcel map shall also apply to this project. APPROVED AND ADOPTED THIS 27TH DAY OF MAY, 1981. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA rman ATTEST ssion n • nC�VIV�iVII i�U. J1'VU Page 3 I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of May, 1981 by the following vote to- wit: AYES: COMMISSIONERS: Rempel, Tolstoy, King, Sceranka, Dahl NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OEPARThENt OF C0gai DEVELOPIVEmi STR,GnO CONDITIONS subject: r Anplscaho These ite.ns c'•rcied are conditions of approval. APPLIC.'.1 SNAIL LATACT :hE 1'LT:.I'IL DIVISIA:I FOR COMPLIANCE WITH THE FOLLOWING CC:JITI'J..6: A. Slq D-11.1 .... ... . I �1. Sete soil Le v'cvele,ed in accordance with Lae approved site plans on file In tile, Planning Civilian and the conditions contained herein. 2. Pevr1N site phis ari bmloing elevate... incorporating all conditions or .al wilt Lt submet,J to the Planning Division prior to issuance of bo "Ji"g perm to' yA g As Prorsl or ton request She 11 not wive Comp]lonce col in all sections or the Z­, e Orlin end all otter applicable City deal .ances in effect at that of i Bullrin'l Ferric isioan.Y. _ a. Teat .t_,Jot­ mall pray iUe all lots Ylth adequate s1d,ard area for Recrta Uan vehicle Stara, pdnuant to City SteMardt. _Zg Trash red ap odic areas stall be enclosed by a 6 fiat high masonry wall with + OP.:fvcunq 9.i US ...want to City standard.. Location shall be s•.yect to approval by the Planning Di ri si on. of the roof .hatenal shall b, Suomi ¢eo to the Planning Division l for rerif+ and approval prior to Issuance of building permits. V rt. ). All rcpt arch- tenances. including air conditioners, shall be architecturally _ I.te;a!,1. sexcideE (rem view and the sound buffered from adjacent properties and ztree [s as required by Ve Planning and Building Divisions. to n icr to any u e of the project site or to shifts activity being commenced tl.ere.n, al: conditions of approval contained herein shall be completed to the .aP.pction of [Le director of Community Development. 9. Tess SDpmeal shall became null and void if buildiM pelhla are not Issued for this protect within one year From the tlue or project approval. to. As a Conmtiunal uu permit. this project Shan become null and vale In ;Thtnm (Its) ee.nthi Iran date of .11, ... 1, unless permits are Issued or use ap ;i .... d ii completed. _ ❑. A aetnled lighting plan shall be Submitted to and approved by that Papers c, Di,,Ch pour to a once of building p,I'll. Such plan shall Indicate .;yle, MIL. ^inrtma .location. he iys[ and method Of Shielding. to Ilghting shall ad .... 0, affect adjacent properties. B. IL 1 II 1- Tram mg pools - instal ltd at the limt of initial Pm i dtvelaent shall be za br tea [!d. 13. Te,turafed pedestrian patnvays across circulation aisles shall be provided ' tea ov ;nvnt ti-e development to connect dwellings with open spaces and retfeallmel osei. Project Ni, '141tn I1. All trash pick up shall be Far indlvlJwl ..its with all receptacle, shielded from public view, if no centralized trash receptacles are prnviae,. _ 15. Smndard patio cover plans shall be submitted to and approved by the City Planner and pulling official prior to occupancy of the first unit. 16. All building's niebers and Indlvsdull volts shall be Identified Ina clear and Concise manner. including proper Move ination. _Z11. Solid core exterior Umrs, security dead bolts and locks shall be Installed � on each unit in this project. ---ice '9. Security devices such as window lacks shall be installed on each unit. _ 19. All units within this leveldement shall be preplumhed to be adapted for A Solar water heating unit. -- 20. Cnergy Conserving building materials and appliances are required to be incorporated into this project to include such things as bit not limited to reduced Co somptlon shower heads, better grade of insulation, double paned windows. extended Overhangs. pilotless appliances. etc. 21. This development Shall provide an option to home buyers to purchase a solar water ham Ung unit. 22. Emngromy secondary access shall be provided to this tract to the satis- faction of the foothill Fire Protection District. 23. Local and Hatter Planned Equestrian Trails shall be provided throughout the tract in atcoedante with the Equestrian Trail Plan. A detailed macst. Ian trail plan indicating widths, maximum Slopes, physical Conditions. (racing and a.led Control. in Accordance with City equettrian [fail .tandt,d, 1001] be submitted to and approved by the City Planner prior to approval and Inlead aaion of he final map. 24. This tract shall Tom or annex to a Maintenance district (or maintenance of equestrian trails. 25. Street names shall be reviewed and approved by the City Planner, lA accordance with the adopted Street Naming Policy, prior to approval and recordation of the final map. _ 26. If this development Intends to restrict equestrian or niwl related uses to specific lots or prohibit then entirely, then a copy .1 the C.C. 6 R.', mail Le tutndtlel an and revleved by tlb Caty Plante, prior to epVrowl of final map. 22. This project shall provide percent or affordable housing and /or rents, In conformance with 1!_eneral Plan housing Policies and the housing Criteria defined in the Growth Ibnagvrpat Orilln.mce. Affordability shall be determined by Cu evil market rate,, rents and whe an In a le—Is at the time of Con. tr.Ct..A Of the project. An ag,'ee,unt to such .Fall be approved by the City Planner prior to issuance of building permits. Park loo { Yehi tutor Access 1. All parking lot landscaped Islands shall have a minima outside dimensions o/ 5` and shall Contain an 18- walk adjacent to parking stall. _ 2. Parking lot trees shall be A miniimm 15 gal loo side. 0 i a ). All two -way aisle widths shall he A minimum of 26 feet wide. a 111, "all be Provided, .,I,, ... a,, free and i'1,a, a of N feel all I m wms during eontOetl On In a11or1,n[1 ruin l wl Foothill f u e 0"', ¢t —pilvn n[.. -/S. All PGLLing spaces shall be double striped. 6. All -I'll shall le PlIec J with aummatic garage door openers. _ �7. r, t[.ra [.J vr.l [.r P""p, a Paz dull De turf blcer'd. Le Co. -o's, Codas all FfunCtiJns shall restrict the Storage or scr ..ruono] rt l.•s an It t:Ie unless they are the princi1le lsor[e or traniportati.. n rP.,.ng •tr.'lll P••:m [trl within the interior C celat ion ar S)e atle, th.ln , tea v r a'. Sill, Jr t Cav nt n t s. C."'., . and Ilet[r.[[read e JI Lr• Slal .: -'II Ly t "r .pPlscant and tn4nitted to In, City Plano ill, C:vlvun pn ar m Isswale or telidin9 uar-:rts. l0 •t /_r>j•_r n� 1 A 11:a,l 1 -r, J +I ,rag'l'an plan 'hall bP tutriLC•d [n and approved 1 .c 1 :1- y Gv:trun pn..r to ":e Moen,, of building Pcr :nits. f•r nil o v re:, l r au evrr 1- 11ible. A .111- p nr t` Sr a..r- gtGry p tie location, sire and "Pl' "i'd, Le 5" or" Shall [s,4 Pt into at tint the p1soc Ild .• I I :r ; .. 'a 1`1 are •a Le le lll'.•d, trr inn metanas. arr re:ery rl la of rent, tree S. in plan i; re ,m «•d r[u tl .r:l a;pravJ by o, the Planol DIv1'fon p 'o [o approval Pt to -5ill,. e: ,n r:.; plan. Slr.,c :r..a. a n:.n ;-r- or li gonna size Or lar,sr. than be is,t,rlyd in J. .du o. .:_h n.• r r Plaa or at.let veer for the City of min ho S., ::1 ,11 Le {J.'.rra at an rage orevery JO- On inter tr, Pt: eat,. cr Str1e LS. fur t per o1als acre. cweprised of the roll....... n, 11 LII Devn] I :.Jr. ll ^ the d.. elapmen4 20: -2A" pax or larger, N" -,IS his . S. All I>M: s.•C 11-1 'Dail be maintained In a healthy and thriving [on- d.Fon, free fra.rne.'.s, trd sn, and ddbris. 6. S11 411.1 D.rn n ac St of (5) IPe[ in vertical flight an.] Of 5:1 O ,r.:,[ t10 :.r4 SI i111or land"'Prd ..J r,ge[ed in af[orc -- with tide, r • "•.3 •[.la r r• -'.` s of [ P Ct[y of OAn nO Coca :A: :La. ""in 'Sage planting 111 :.l' "If rut [P 1-11.J tO r ..Zed g und L r and appropriate : .[; a•I BII t a pia +:,n9 a'd ,""lion shill) be lore -oonQ ...[„n..J ; v ere v., e ! Ir-1.1 eond>nan Dy Lne aeve•I.p,.r until each n�nvr, :nl uol, I 4off J 'u,"d by ins, puYer Prior to rP leavng r-• • •ry far [: rle anlLi. any ln4P "ctiOn Or in, Sl Opfi Shill be CYnp if [PO [/ [nv ilann,n9 Said . deter+ine that It i1 In satisfactory condition. i.11 11'4.,14, o and Iand;caping Snell h[ Sully .aalntarncd by a r. :v •ri 144 ,a'i nJ or Oel :er p an actr,b Dle to the City. Such proof n,Irmncepvnail 6, tub11 [fade a me City "In, to Issuance of bmldmg pr.ml[4- 0. Th. flrnI 1111 lamato ping, and an appropriate Irrigation system, shall be miW ll[J by tLe dvvcloplr in .......or, wlln Sutm ited plans. Sir 0flat. 9. The final design of the perimeter pa rY as YS. walls, landsupiug and side. .Lr spa if be Incloded ,n the ren:rrrrd IdndsCapf plant and $hall be 'ubjrct ,o approval by the Plarming Oivmon. 10. A mir Soc. or s of the frees planted withro the project. shall be / ,Pec imen site Ir ee ss. -411. ""'"' la. ISCape features such a nrJm,, alluvial rack, SPr Cimen Site ;fees, ucandenng sids.al4s (bo[hsv.l:r, heel and nor soon tai t ntenSlhed landscaping. Ie Seoul red along :v) and I. Any Signs Prolvel,cl for this dpvrlc;vu,t shall by U with LI:L' Coe :err npntivp Side Ord,.once and Shall rt :•jnM '. Caa for. :.,ncf Oy the Plannl :g Division prior to ins,alla [l on offsv<h Sign ie.r n3 a4pr oval u Ir signs. 2. A unr form Sirn program for this develor —et shall be iut,i ttrd to thf Planning Division for Ofir r and approval pr far t0 Issuance of S o l s J ing permits. en ew J. Lire signs InJrmtrd on the sutritied plans a not apnmvrd with this approval and will require separate Sign rcvic. led approval. Addi[iorlal_ Appravah Rer,rirrd pi 01111 ppmenL Rev l ev Shall be a[campl i shed 111 a1 La the usrunae Or a 0. 11 g 2. Devel UpPmnt Review than be accomplished prior to recordation of the final "'division map. J Approval or renftl ve yre<e Im. a_ Is granted rubles, m 11, appro.ar 4. rMt Conditional use Permit is granted for a period of rxln this) Jl .hi ch time the Plannin, C.,,J,Sion may add or delete cunrt n lonr or revoke the ConJiti canal Use Permit. S. the developer Is requiretl to obtain the following signed stagcent by purchasers of i,.,, ,h,ch have a private or public eaurs[1ran trail on .r adjacent to their property. I- purchasing the home located on La, _ Tract uod.11tand that l.r J -CO, 1 have raid Me and 1 1nf znr 'he s`ul"t tO A nu :Ull reciprocal ellenec e p purpose araiTc.ml .....Irian traffic to Signed VurcM Se Said statement Is to be filed by the developer with the City priar to Pr[upJn[y. lOr IO app ra v.rl and 111n,drallows of he I..or n r prior i .f bnildmg pL•rnnts, w41a n SIbdiIi,i.n nap Is i vn 1, t�, Litt, n 'Sb flee [Inn fro all affected school. Di'vrm, shall M1f Sn CnIi LICd La ll,c• Ilrl :.lr'L:e "t of Cn11Yn [% 0 r IUprirat r.n iCn SLJ (e2 that adr.l•:Jle I•' -out fal :111:,-5 o be [.1 pJ bee of ac[unnv, :l., t ing 'IU.Irnls g "n :.r at: +l by ll,r' "rn jrc l.fe wch i :. )ter A ter t fl[a t l no plot ha v[' I..a i, 1, the Scn :l,1 nl'Lr l[I w�"if Sixty 160) days prior to the final nup elg :.oval in the case or tee san- lvivon map r r... antt or pprrii is in the case of all oIn,, res,dlnl ul protects. v,,a, to ep..0, and r UrIla 6 on of the float mass, or prior to the I ... bent ar Fu, Hirrg re. nr [s v n :r rs Involved. wr'i t ten rrrtin [n a „n rrarrr [Ire n rune an., r ire ua, fat rl It lr .r1I ,1 r In. ..... JV Vale t, "all De ed rut trrlr 1. We I' no a cal ter ctrl rr[n .rlvy vt. Such Ieticr oust Iwve tn., o I d IF, Llrr fib :b ra rw rrtYa Vuo) 11y5 prior tU final moo ov rl U+ cv ,• of .,Civil en or ono mfr of a null in the rate of all .,I., epSIeat let U�ulecti. To, Ire+) ^[tT .1111, Septic Lank facilities alia,lble .•.i sa .at Y,b, 11 of eland and me Fill. 'i ue, nci.di rag all I.....II ve irJOlrmlwn, shall ,r ubla,alc'�d1 'ul.r.,I'd I. in'i City. a. \na a o.a Shan n.amr r,rrll and void ;r me n•nm nor 1.nalvi,lnn map li: yr r!v.i a :�d Or h. i l ding pane, is IS Surd nitro ., W,i iS in .ol., cal R) n s frm or tors a ..t in a,[r ni l,.n te, J,'.r granted by.thee Ptanning •L OOm rill Un. 9. this soF.bvu roll . not 1. milted ai a total devel"Imme, pillage and i -�j :!s l for a rating relativa m the dts i,. etI m of 111.1 ! - fit i,dv av n nice, to final approval and r .,dada. of I'm raj i{ tie wain v an is ,cong. be tleveloied as Iran[ Nisi. APPLICc:,r SvAtL CO. :ACT tpE bolt Mr.r DEVISCH FOR CORPLIAACE WITH THE FOLLO ING r. site --n, ' _ ✓t. i : all coal/ +ith the latest adopted Uniform Building Code, .o 1r�rl:al C.A,. Dnllarm Plumbing Code, national Electric Code, and all iat,. �r al.i In :ati, <od eT and ordinances In effect at the tune of Issuance or I..a ti., rr.s. j, Pr :or ! or oonldl.g cem as for combustible construction, evident .ill .el to the Fealhill District Fire Chief that terapmarq rater f:Ir fir l l ire ...;damn is aNllaole, pending cumpletmn of ",.I'll ire p- taucrieu sr tai. _1/j. P,,,, m n: ¢e of a building permit for residential esidential duelling Ili sl or rr_Praalliticn In an eau [i n9 ani[(i). the appL cant shag Vay '\ d.' 1a: rot ices .l1 the ettabli0-d rate. Such fees map incl ... III. but not be Lvr:rj to: Cry b :, 1, ce vdn Fee. Park Fee. Orainage Fee, System, C:,,Clecut Fee, P­ hit a,.d Plan Checking Fees. Rod School Fees. a. Pro, M ; s e of a Wiluing permit for a new caneeresal or industrial de.ish -.rut a W atun to an Irilthig itevelopm!nl, the apilliwut 11.111 Dar n.t fen st la eaal'l nle•U rate. Such fees nay include, bot not to I ,u«a r. Slum,, C.velotalent fee, Drainage Fee. Pernit and Plan Enm I,n, fees. 5. ­-It 1. 1 wet Bevil be Vrovlied be the Wilding offiUal. 6. p_eI) nq ,.nits mall De tnnstrun"ed with fire retardant material and non c.,.aluble ..of mate n a:. ]. alt < n d..ellvngs mill have tLe Wilding elevation ratio, the street !`J v, to aL :r tiunal WWd Irian around Windows and wood S.dr,g or plant- ­c W...e a„ ,mate. t +its ing St n¢bv.z 1, 111„.!. at y,l la ice .,In tie I :nrfurm Building code for property line clearances mrs,L- ing O.e, area and fire.resistl ..11, of existing buildings. _ i. f•rib ig lui lrli ng(sl shall bra made to camp), „stn Current nuilninq and 1. ning regulations for the Intended use or the building %hall be dtmollsned. ]. Evittina s lge drtpasal iacil'4nes stall be relayed, filled and /or upped to 11 illy • to the Uniform Plurbing Code, and Uniform Building code. 0 Project Ica. M. (;radin9 '•i /1. Grading or the subject property Shen be In ace Urdance with the Uniform Building Code, Cily Grading S[andavam and accepted q,ad.., Aran .t,F_ The final grading plan shall be in substantial con(mmance with ice approved nceptnal grading n)an. —.1/2. A soils repot ilia ii De prepared by a qualified engineer licensed Dy the State of California to perform such vort. ]. A geological report shall be prepared by a qualified engineer or geologist and submitted at if:. time oI apVM1 Cat ion far grating V%a, cnvU. .I/.. ire final grading plan shall be s.Il� t la r and aINOval be the Gad ing Cmrnittec and flail to con,.e,Wd 0, Or [a I- tlaln of tee final Subdivision nap or Issu ance of pe whichevm er tones first. 5. As a custon -lot sundlvislpn, the following requirements shall M r,t: a. Surety shall be posted and an ag,om h, e.dmmd, ghar ht"ma ccumI of all a,-site drainage facilities necessary for devatering all pare to the satfsfactiun of the Building and Safety DivlPOn. b, npprppr idle a l menu, Coe sale ais pos al or drainage r,It,, that are conducted unto or over adjacent parcels, are to be delineated and recorded to the Satisfaction of Lhe Baliding and Safety Division. c. On -site drainage improvemants, necessary for dewatering or P.otecbing the subdivided properties, are to be imtallad prior to iasulnce of building permits for construction Open wan parcel trill .way be subject to, r ..1ri bums to, drainage rhos e , Ica Ju, or within A Avenel relative to '+hill a Wittily or -.I is regoes 4ed. d. Final grading plans for each parcel are to be sutmitted to the Building Ind Safety Division for approval prior to i of building pcits. lhis may be on an incremental or cohmasitesbu fro .m e. All slope banks in ucess of five j5) feet in vertical height and of 5:1 or greatar slope snail be seeded with native gra; ✓: .,c:. : air won of grating or some other aiternabva method of erosion c n rnlr shalt De mupleted to the satisfaction of the Building Official. brig, inn iball be provided to germinate the seed and maintain growth to a point 6 months after gee. ma ti on. APPLICANT SMALL COIITACT TILE ENOINEERI16 DIVISION FOR CMPLIA:ICE AITII THE FOLLOWING CONDITIONS: 1. Dedications and Vehicular Access 1. Ovdications man oe mite by final map of all Iuleriar street r,gh,n- of -way and all necessary eRteneutl as shown he the tenq rave nI J/ Z. Ondiwtson shall be made of the following rights -of -way an the following s tree.: Fr additional feet an _ additional reel an —_ additional fret To — ------ _LX Corner property line ids us will be required per City standards. a. All rights of vehicular ingress to and egress from shall be dedicated IF follows: _ 5. Reciprocal a Sohmbn05 shall be provided a caring access to all parcels Over private road:, drives, or Parking areas, And shall be noticed On the a, or shall be recorded darcurrenl will the nap. n snv tl ee mId, for it, In.... ye3f ana Intfrnal • [ ^, Ll lat rpn . ;'[ — 5."I; ar win be used IJr afiirery Of good, to rr[•Or .. of one pr posm b.,io,,,. r�, 1 s for "Olt-lot dra shall be requi.eJ aN z'e11 -`i rraelro.'3U•J Or u,lalcrd " the rival r1-,p. R" a l s ^ t : ' y e % I t s I Y l o ) w th'A futu, a r,plt- of -.aY are to be q1+ cP.i J ' CP be all: e.r L'] "r .vr mrp Per City E1r91nrer's req urementt. - -is fa ..n l• fc%!nrpl is uses 5 ..11 pe aeJ ¢a[eJ [n [Le City e s_ ..J ., •. a:._r th'"yh ir:vate properly. J F. J a1 ineindin9, but Iv[ 11M.1ea Iv, !f c r r'F LE•ual k, drive aDproa Yez, parkwy [. z JusC ✓[ Irq. •s'r. all in t.1- er aLree[5- ___ 2. a n r r .rde 3'a'✓ ',It alt Nn a 40 -font wide Jrihfated r'!o-.a �. rr a :Il o- .m.z [- . -te -. for all half- section st"I". 1 tu,u ed too ln91 n my improvenno is NO it log, but nut I •Inc luJ:S Ian .ifJ Inl anJ rrrr•fa: ran On muter. Z4 Pr for t ar. work 1-r 9 1 —fo-od In "a public right -Of -nay, fees 'aif to rJrl I'd a' 'or permit shall be ablained from the z r F] r •Z Jrf i -th dr bon 10 any..,r pO,ejtz 'r N. SI —' 1- r .. ...t I ar -id a•• used by the CR' EI i d Pr,- �'/ 1 P'Ir3t �eI r v I c r 5!411 , n antl Is—areJ be III l '. rpan,,t s F - -i c..'... t,, ar r,r [c I "n., e p an eneroof all penult. final fICa IIIIS •[AI1 -In ari era. [1-e Ivea UVn of all pxistin9 utility gl :c- pl -wr. �L it ; e!y srill he patt ^d and a agreement ea[cated to the za ti zfaf [ion "1 Re C11 F avI V. +mill 4ttorny, gnaranleriog Cmplr UPn 1 -1L C'r ,. a. '•.c, poor to rIC.,d,ng or ton elp or Ulu r•.ea ,ce Of t"Id", sole -c3, uhmtsver cone. first. -�], nil Street I'; J '- -n:3 St,]11 to Installed t0 the S,tl,la C t ion 0f sA[ eft, En :3 ter, 1"P, to v cupancl. as I I II- ^ut slrso;M. ,ra rug, traffic and sweet nanf signing shall rn;t.11,d p,, [he re urr he cots I the Gtr En9m e . 9. Ear:[ 1; C'if road rrRnlring r [r1t1UCt10n Sbill re0aln do,, for oaff-1 at all 11-1.'3 -111le.vete eem.r. do ri 1-g con t[rvcu on. n r - „L gull 11 ,e lv rr..; IS O.,,r [le Cort or 9neing and Ya•I•'j •fee zl,lll I, rrfm.J,l on [.rottnnu of v., COn3Lruc Llon l0 U - 3Jt:stact-n1 , of Lpe City Engineer. - OeI YC 1 1'Kti E E. i iE41 Yl .p 4 lva 1-9 Ioca [i0y: The Proposed "I" C' falls within Inds el[N as to Al e[[ to rl ooJ ing unllrr be hi """l Flood Ins ufmrte pcngnn and It suA [M1e prPV i514nz or that pfo9ran ana CIIY Ord llianrC ri r. 24. ]ff[ IO R Jra lna 9e [nann••I Jnd /or flood protection wall will be re lvircJ IO Protect LnC z[rv[[a r¢s by divertllg snort runoff tp s s m trop ts, or to a tor Jra in. S. Aafnna [e provisions shall be will for attfper ele and eisryJ sal of '-,face dra ina9e en tors 1-g NC Property frmm adJecm[ areas. 6. letter of au ep lance lrrm Coons beam property prone rs shall be required -L�Mere runoff frn'n the tract 11 ors onto proDnr[Ies. sown be designed sL mots Rgni� 1-q a aon�lr�w [ion or s a ma lO� n[er c fry mg lrne erire apprpaenez, rolled street vL'o rnl nlm nn grits, ...... al .a115, enJ /pr lanCSCapetl earth berms and rolled tln versos �a[ property unp. B. inu following storm drain shalt be Installed to the Satisfaction \� of the Uly En9 L:epr. 9. Prior to remNntion of the map, a brtaa -ica le hyd mlog¢ and dra 1-a ge StuJY !or tAe prof e[t iNll pe suLnl tied to Ills review. City tog weer !or I. Utilities I�— ii wa{erat¢lec[ri ci poyer�rgas �'[el [Vho �e let antll[a pip 4lev lsiunyconJVi 1. R pti ills pa within the prol e[t shall be installed 1 nc lad mg v[ -1 sties 'long f�f or ar[e rr als less tpJn 12JNV. rounJ serving Utility eusenx•n [S shill be JmviJetl in the sl'eu li[a [l an oI he utility eanpanies ana the City Engineer. Cerel woof iN1i Ile responsible far the relfca tifn Of vist ln9 public I tili[r ei, as regvired. (ItVp oprf "'ill pC I'e s Ynnil pie for the installation Of street ligll {ing in accordance with Spv tllo'n California Edison Company antl City rtmtluCf. ` irwa 9a. 9s ter and sever Plans SW II be desi 9ned and PonitrucleJ to aset em=ir drabs nr tfo cuc.Inanga Counly Water District (ccuo). rontntll r i.e on tr¢[ :.3 tee Lm I, l— n[al ,,alto ,,. r[mnrt of the L,,,n y or An Vlx $ )nl I no. 1 lettrr of compliance from CC.0 D•:or to reca,J will t o r,—, • C/ 1. •pr n.a lz :: it tern into r,•p Frain dll utlllrl iei antl mote:z e•J .:L other ap +._:•: fvl':ov:I or ae Anal map ill he s,,uJs,t t m:y .ew:rr rat. aat 1uy be r:cured rrpm them. M- Ga si ee.. .._: appro.. _ 1. rel", 1. 1, ut,r apnc :es rill to required as non ows: a I Ir I.,I N.r. d. F::,:, p.n[ r.I[Fn.n[ ( -rust reY nr o� t6 — m¢ c _.of a— ,b.: C. S:': C 1,11r., a""a tcanty Flood Coalrol 1,11ri _ D. or,ar, A c mcY in' Col :ar[1. CcrJ,lors and Aez[ri<lionz (C. C. 5 A.'s) held: of Incorp" "n or [he xaaeo „hers Fzzecia tiara, sveJ rce to brae a; r.al of c'a Crt, T2orn1Y. (pr;n shall De recorded with tors map end , <lo Jm to tha "'7* F:ml is reel a_. tract maps shall conrorm to City standards and prac...,rv:. 'fall b, recorl J Dn dr to firs[ phase m6el vi :ion to prr. rr; 1rm [. cn of :, :eJ Parcels. „Iccati:e L11-, of Intention to fern and /or Jahn D. cl, h,11 be fit eJ with me Cl tr C ... chl. LJ [tP cc.t ie. t: 1-11 red :n marina Finaat ion sha 11 be borne r. 6. all Pr I' etc- la:, lsuped Parkways are required la to annexed inm the lar.J'.0 ai,x ,.V mten]n<P Jia trlf [. .J 1. le.. haa(ica aN irngacroc 515[1-1 requlrid to M Installed an pvhlic n:y on V1 :c, i,,t,r of this tract area Shall be �tf'1 1' can[InvuvzlY 6, tlb dxrehoper w ul accepted by the C]ty and annexed u:.a ,nr L,N:. a,.r win eeuarcr Jistr¢t. l 5 COVINGTON 6 CROWE • v _ r0� TTORN 11 . 31 WEST S?X T H STRE ET Uo 6� ROST OFFICE B 1515 ONTARIO, EALIFORNIA 91162 June 15, 1981 50 Mr. Lauren M. Wasserman, City Clerk office of the City Clerk City of Rancho Cucamonga 9320 -C Baseline Road Post office Box 807 Rancho Cucamonga, California 91730 Re: Control of Blowing Sand and Soil Erosion Dear Lauren: Enclosed please find a proposed Ordinance which adopts • by reference those portions of the San Bernardino County Code which provide for the control of blowing sand and prevention of soil erosion by wind. The adoption of this Ordinance is made necessary because the County Code sections which will be adopted by reference were amended since the last time the City adopted similar por- tions of the County Code by reference. Enclosed you will find three (3) copies of the subject County Code sections, together with three 13) copies of County Ordinance No. 2517 which adds sub - section (d) to Section 65.015 of the San Bernardino County Code. These copies must be kept in the Office of the City Clerk and be open for public inspec- tion. The procedure for adopting the enclosed ordinance is set out in Government Code Sections 50022.3 through 50022.9, cop- ies of which are enclosed. In brief, these sections require that after first reading, a public hearing be set (for the second reading) and that not- ice of the hearing be published pursuant to Government Code Section 6066 in a newspaper of general circulation in or near- est to the City. The notice must state the time and place of the hearing and must also state that copies of the primary code and also copies of the secondary codes, if any, being considered for adoption, are on file with the City Clerk and are open to Page Two June 15, 1961 Lauren M. Wasserman Re: Control of Blowing Sand and Soil Erosion public inspection. The notice must also contain a description which the City Council deems sufficient to give notice to in- terested persons of the purpose of the Ordinance and the sub- ject matter thereof. After the public hearing is held, the procedures for adoption and for publication of the Ordinance are the same as in the case of other ordinances. If you have any questions concerning the proposed ordi- nance or the procedure for its adoption, please call. Very truly yours, 0 COVINGTON S CROWE BY: < I/ • ROBERT E. DOUGHERTY Assistant City Attorney for the City of Rancho Cucamonga RED:sgg Enclosures cc: Thomas Baird, Deputy Agricultural Commissioner Department of Agriculture County of San Bernardino • 163 E • DUST CONTROL AREA b'J Because of publishing requirements, it is requested that the second reading be set for the August 5th Council meeting. • ORDINANCE NO. IYi� AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAP- TER 8.16 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 1 OF DIVISION 2 OF TITLE 6 OF THE SAN BERNARDINO COUNTY CODE (COMMENCING WITH SECTION 62.011) TO PROVIDE FOR THE CONTROL OF BLOWING SAND AND SOIL EROSION. The City Council of the City of Rancho Cucamonga, Cali - feraia, does ordain as follows: SECTI,N 1: Title 8 of the Rancho Cucamonga Municipal Code is here y�=_e_nTed by addiva a new Chapter 8.16 thereto Consisting of the title and Sections 8.16.010 through 8,16,060, inclusive, to read as follows: " Chaoter 8.16 "CONTROL OF BLOWING SAND AND PREVENTION OF SOIL •wr EROSION BY ''IND "sections: "8.16.010 Adoption of Chapter 1 of Division 2 of Title 6 of the San Bernardino County Code providing for the control of blowing sand and soil erosion. "8.16.020 Definitions. ^8.16.070 Applicability. "8.16.040 Permits, fees, and enforceaent. ^8.16.050 Notice. "8.16.060 Inapplicability of provisions to weed abatement. "8 16.010 Adoption of Chapter 1 of Division 2 of Title 6 of the San Bernardino PEI ...j Ca a piovic ina fo[ ee t ntrol blovin sand and soil erosion. For the pur- poseITing b ow nq San and preventvng soil eros- ion by wind within the City limits of the City, Chapter 1 of Division 2 of,Title 6 of the San Bernardino County Code entitled 'Control of Blowing Sand and Soil Erosion', three (J) copies of which are on file in the Office of the City Clerk for public record and inspection, are herehy adapted by reference and made a part Of this chaptor as thounh Sot Earth in this chapter in full, subject, he,OVOr, to the amend,,Uts, additions, and deletions Set forth in this chap- ter. 8.14.020 Definitions. Whenever she tern 'CUUnty' or inb .; mi Bernarui is used rn the portions Of uho Smi i•o rnn nlinO County Cnde referred to �. Section 4.16.010 or th,, chapter, the ter, 'Cit,' or 'City of Rancho Cura- rcnga' shall bu sUbStttct ed tharufar. 8.16,030 Aoyltcahility. The prnvisi'll of this Chap- ter shallhO apclicaylo to iit lands , w1t91n, ar hero - aftvr ,noxod to, the City l•firvt within the terri`^,iral bcum!arics Je scr ibed in Section 62.014 ,f the San Gate,, drop County Cade. /o l 0 - 5.16.040 Permits, fees, and enforcement. All permits shall be issued by, and all administrative en- forcement proceedings shall be conducted by, the Agri- cultural Commissioner of the County and the Soil Eros- ' ion and Dust Prevention Commission of the County. All fees and costs shall be paid to the County. "8.16.050 Notice. Section 62.0110 of the San Bern- ardino County Code is hereby amended by deleting there- from the words 'Board of Supervisors' wherever said words appear and substituting therefor the wards 'City Council'. "8.16.060 Inapplicability of provisions to weed abatement. The provisions of this chapter shall not be applicable in eases of the abatement of weeds declared to be a public nuisance and ordered abated pursuant to the provisions of Chapter 9 of this title. "0.16.070 Violation, penalty. No person shall vio- late any provision or Earl to comply with any of the re- quirements of this chapter, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein. My person vio- lating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, the • provisions of the San Bernardino County Code adopted here- in by reference, or any secondary code referred to there- in, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by fine of not more than $500.00, or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any provis- ion is committed, continued or permitted by such person, and shall be punishable accordingly. ". SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen 115( days after its passage, at least once in The Daily Report, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. APPROVED and ADOPTED this _ day of , 1981. AYES: NOES: ABSENT: Mayor ATT • City Clerk ic, 0 1 ,J 1 CJ SAND AND SOIL EROSION 62.011 Di VISION ?. SPECIAL ZONING Chapters 1. Control of Blowinl- Sand and Soil Erosion 2 Structural Height Limitations in Vicinity of Air Depot 3. Airport Operating Areas and Height Standards and Limits Therein Chapter I CONTROL OF BLOWING SAND AND SOIL EROSION Sections: 61.011 Sta:rmant of Hazardous Condition. (11 W, Permit Requirement, F'_ 013 Pns'cntion of Dust Storms, x+1_01 -1 i:rriron' Baund.mos. 62.015 P'ennit. 62.016 Fees. ti_, 017 Excmpdons. o ^_.013 Establishment of the Soil Erosion and R prngressely' being_ er011ed it \' w1116 and HO"n III SUI)SIMMIZ11 i111:llltll.% On IO Dust Prevention Commission. 6=.019 Annexation of Additional Territory. 61_.0110 Notice, 62.011 Statement of Hazardous Condition. The Board of Super.mors of the County of San Bernardino does hereby find and dctermm< that there exists within the West End Resource - Consen'ation Distn ct. srrio'ns and 11aaanhlus wind erosion problems creating cond:Iions 11131 affect the health, safe;%, soclfare, and property of the n•udents of the Co;ulcy of San Bcrnarc:ino, it, that the improper and '" untimely dishlrhn,:cc of the surface or subsurface of the land, the soil of _ - '•= ,shich is coarse Icsitived and of a sandy nature, and because of its character and the presence of strong prcs alli rig winds, se JSonal and olht raise. 11 is R prngressely' being_ er011ed it \' w1116 and HO"n III SUI)SIMMIZ11 i111:llltll.% On IO •r` public roads, and other puhhc and pm;ue property. The Board of Supcltiisors furlhrr Ends that those conditions are more r'1•' ='" prclalent and more iu nerd of inunediatc correction e'Ithln the boundaries as more p.rllculurlp dascn bed in Section 1, Old of this chapter. 459 I1'31n91 — ' ":'`•`1•r::' ^• ti Y 62,012 — 62.014 LAND USE, BUILDING REGCL4TI0,N'S M 62.01' Permit Requirement. It shall he un L:wful for any person, firm, or corporation. or any agent thereof who owns or is in possession or control of land to disturb the surface or subsurface of land by excavating. le,line, cultivating, discing. plowing. noble blading, remocing residues. natural or planted, tree, tine or root crops. or by distnbotir•,g or spreading a substantial quantity of similar soil on said land• or by any other action likely to cause or contribute to wind erosion of .aid Land, or to aggravate said erosion thereon within the area described in Section 62.014 of this chapter, at any time without first having obtained a +,31id permit therefor and having complied with the terms of said permit as previded for in this chapter. 6•_.013 Prevention of Dust Storms. To conserve the natural resources within the area described in Section 62.014 of this chapter, and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property within said area shall prevent dust blowing therefrom, as nearly as that can be done by the taking, of reasonable measures and means. 6 2.014 Territory Boundaries. 'The pi-misions of this chapter shall apply ;o all that territnn' included within the exterior boundaries descrbed as follows: State of California. County of San Bernardino• beginning at the north quarter comer of Section 26. TI K. R 7 W. SBBNt; 1. Thence cast along section lines to an intersection with the ranee _ line behveen R7W and ROW; 2, Thence alone said range line to the northwest comer of Section 30, TIN, R6W. SBB \l: 3. Thence cast along section lines to the northeast corner of Section 29. same township and ranee: 4, Thence south along section lines to an intersection with the San Bernardino Bese Line; 5. Thence along said line to the northeast corner of Section 5. TI S. R6W,SBBM; 6. Thence south along section lines to the northwest corner of Section 16, same township and ranee; 7. Thence east alon__ the section line to the north quarter CCrner of said Section 16; 8. Thence south along the north and south quartet section line of said Section 16, and conilmnne South along the north and South quarter �� 1 section line of Sections 21. 28, and 33, same township and range, to the south line of said Section 33; 9. Thence west along the township line between 'rIS and T'S to an intersection with the ranee line henvicen RoWand R'W; niw7sf 40 'E t` 23. thence cast along the south line of said Parcel No .4 and its pinloneation to in intersection with the west line of Section 14. TIS, R7W, SBBM: �:_� •::>:2: 24. Thence north along section lines to the southwest comer of - - Section "_. snnre Ie'.on Blip :vul ranee: Theltee e!I%l alone the Scction Ilse 10 an intcac:tion with the west - _ - In,, of the cart half of the west half of s;ud Section ': 26, fheace math ,dnme tad line to an interne ;non with the cast and - sesl quarter section hoc of said SZencnl 2: 27. TTralce c;: <I alone ;aid line to in nito"ccli: n with the %%e,t line of - „� 4nmc hlwll'.lilp and ralle ^.: 28 TI!cnce nnrlh .Ilnng said line In :in intemoclion with the San _ - Bernardula Ii.rce Line; 29. Thence aic'ae snit line to the wulhwest .orner of Section 36. - _ ' •. ".' 461 1 U 11191 J:% �a4 .J %�'•• SAND AND SOIL EROSION 62.014 — — 10. Tiw:ice south along said line to the southeast corner of Scction 13, - - T'_S, R' \V, SBB ?t: II. Thaoee west along section line to the southcest corner of Section 14, same township and range; 12. Thence north along said section line to the southwest corner of - - Section 2, same township and ran_c; 13. Thence west along section lines to the southwest comer of Gowemment Lot C, of Section 3, some township and range: 14. Thence north alone the west line of Government Lots 6. 5. 4, _ _ ;•!,:^ ar.d 3 of slid Section 3 to an intersection with the township line between ! !'._ ,- ;:.�!cf!. i•'i' -::? TIS and T2S: _ 15. Thence west alone said line to the south quarter corner of _ Section +,, TIS R71A, SBBSt; 1 1 16 Thence north Mont; the north and south quarter section line of said Section 33, and continuing north along the north and south quarter section line of Section _S, same township and ran__ ^_e, to an intersection with t the nor(hcait line of the I pion Pacific Railw'ap Company's right of way' - - -- _ 17. Thence northwest along said line to an intersection with the west h e o( h hSection 18, The n ice north along section Tines to an intersection with the � � wester) }' prolonpa tion of the south line of Parcel No. 2. as shown on State Board of Equslitalion Lund Identification \tap No. 504 -36-2, said map •' ` sheaving the ne!it of wJl of the A.T.SS.F. Railway Co.; • `: •::' 19. Thence east along said prolongation and line to the southeast comer of said parcel No 2, '_o. rhence across Vineyard Avenue to the southwest corner of Parcel No. 3 as shown on said map; : :. ":'. 21. Thence east along the south line of said Parcel No.3 to the 1 1s:; ;gin southeast comer of said Parcel. Na. 3: 22. Thence across iidman Avenue to the southwest comer of Parcel _ _ _ No 4 as shown on said map: a a:,.: 62.015 — 62.017 LAND USE. BUILDING REGULATIONS 30. Thence north alone section lines to an intersection with the south line of the north half of the south half of Section 26, same township and ranee; 31. Thence west alone said line to an intersection with the north and south quarter section line of said Section ^_6: 32. Thence north alone said line to the north quarter corner of said Section 26, the point of beginning. 61.015 Permit. Ia1 APPLICATION. ,Application for the permit required by this chapter shall be made in writing to the County Agricultural Commissioner on forms provided by the County for this purpose, and shall set forth such information required to enable the Agricultural Commissioner or his deputy to fix and prescribe appropriate conditions which will prevent or minimize wind erosion of the perminee's soil. (b) PERMIT CONDITIONS. The permit shall be subject to such economically feasible conditions as the Agricultural Commissioner may require which will assure that surface protection at or prior to the time of the disturbance of the surface or subsurface of the land is provided for so as to prevent the soil on said land from being eroded by wind and blown onto public roads or other public or private property. Such protective measures as required by said Agricultural Commissioner shall be provided by means of aedc;:ltural measures, or any other effective method or combination of methods of holding the soil in place as determined by the Soil Erosion and Dust Prevention Cnmmission. (c) APPEAL FROST DENIAL OF PERMIT OR PERMIT CONDITIONS. Any applicant may appeal to the Soil Erosion and Dust Prevention Commission from the decision of the Agricultural Commissioner in disapproving of a permit as required herein, or from the conditions of approval imposed by said Acricultural Commissioner. The appeal shall be taken in accordance with Section 62.018 of this chapter. 62.016 Fees. The yearly fee for each pcmut issued shall be as set forth in the Schedule of Fees, Section 16.0:1, of this Code. The permit shall Tun from November I to October 31 of file next succeeding calendar pear. 62.017 Exemptions The provisions of this chapter ah,dl not apply to the disturbance of the surface or subsurface of the lend under the foiiowine circumstanss: (a) %%'lien such actin flies are required hp another ordinance, statute. rule, or regulation. 111311191 Jfi' C • 61.0110 Notice. - In case anv land presents a hazardous condition that mae ;:f(ect the health, safety and welfare of ne,glihorin- land roadways and residents becat'sc of the condninn of the land ,Sidi regard to loose if and e'indy conditions. the Owner of record will be notified of such conditions by the - Commissioner or his deputy. If, after proper notification of the hazardous Sonditlens. Ihey ire not corrected uith!n the thine limit set forth. winch shall he limy (70) day's. the Conmlisai:,ner may Order the property presenting - sur11 " "I' eons to be co rrcc tied as rcaa niu l•ly and ccnn nmically as po<ghlc in ;e Ss',h tfc 11"CoOt rill of th. (- 1•IIII'I,SIl111er. ill; Co ❑ I\ A I, di l or shall v tile cost of s,•.,h oomph lice frier the funds Of the Agrict.ltuial C 1 inavr 7ne .ail Sost of such ac •apli,.nec Shill he.onq,uted and ;in alms n,si ralnc (cc :il Iv;nty -..nl i ' fern• 1.0'.I of such eoSf s,nill L>< added !hereto, .4 hill for Ili., enure sum of the rnsde :;rid admull<Irltiee fee shall he . will ,I In iLe rca,rd "%'ner of such land and a espy shall he cant to the r SAND q. \D SOIL EROSION 6'_.0110 - (b) l5'hcn neccssar) to grade, trench or otheroise install. repair, or replace utility senires Serlllia the boundaries of utility or public rights of - - -- - a'ay. (Cl Mlen the disruibal!ce nr proposed uclbity is coafned to an area Of one I, 1 I acre or Tess, - - 6 -.01 S Etubliehnicnt of the Soil Erosion and - -- - Dusd Prc%M6011 Commission. _- The Soil Eros on and Dust Pre S e 1Don Con nnission shall consist of seven 1 ") re,dlar mentbcts, -PPOin led by, and sell Ing at .he pleasure of, liar body appoin ur,e as set forth below, and cash for a term of three (3) years. Four of __ _ . - the r•c,••,oers three of n'Il ch shall be ac, +S Zly e•caced in famine S,'ithill the area .sat "Orth in Section 6 =.014, shrill be appointed by the Board of Suncnisors; one member, representing the City of Ontario, shall be appointed by that City Council; one member, re resenting the City of Pon tang. shall be appointed by that City' Council: and one member shall be from the West End Resource District Board of Directors, and shall be •� ,'' —y:'7 ' ' .'� ; ^`_' appointed b% that body. The Soil Erosion and Dust Preeell lion Commission shall fear appeals of - s.'„ "'• -�,. ?' ; "; ^?� ;; any orders, requirements. decisions, determination or interpretation by ;he ;', :1er.eultur:d Commissioner in the administration or enforcement of ;i. - - pro,'isions of this drxpter. Its decision shall be final. 6'_.019 : \nncvalion of Additinnal Territorv. On the r•commr idation of the Acncilnl rat Comnnssiunernd'S'till fire al,p: oval or the Board of Supcmisors. additional areas tar. he anuc\ed to the _ - area des. rth-d in Se ;tion 1,'_.014 art der the follouin ^- co!rdi Lions: ✓''1,'? (a) COrdit!otn gist that arc stated in Section 0:.017. _ - - (b) The area is CJ ;1fierHNIS to the area ,;;scribed in Section 6].014. _._. ... ....•...., 61.0110 Notice. - In case anv land presents a hazardous condition that mae ;:f(ect the health, safety and welfare of ne,glihorin- land roadways and residents becat'sc of the condninn of the land ,Sidi regard to loose if and e'indy conditions. the Owner of record will be notified of such conditions by the - Commissioner or his deputy. If, after proper notification of the hazardous Sonditlens. Ihey ire not corrected uith!n the thine limit set forth. winch shall he limy (70) day's. the Conmlisai:,ner may Order the property presenting - sur11 " "I' eons to be co rrcc tied as rcaa niu l•ly and ccnn nmically as po<ghlc in ;e Ss',h tfc 11"CoOt rill of th. (- 1•IIII'I,SIl111er. ill; Co ❑ I\ A I, di l or shall v tile cost of s,•.,h oomph lice frier the funds Of the Agrict.ltuial C 1 inavr 7ne .ail Sost of such ac •apli,.nec Shill he.onq,uted and ;in alms n,si ralnc (cc :il Iv;nty -..nl i ' fern• 1.0'.I of such eoSf s,nill L>< added !hereto, .4 hill for Ili., enure sum of the rnsde :;rid admull<Irltiee fee shall he . will ,I In iLe rca,rd "%'ner of such land and a espy shall he cant to the r portion of such special assessment. penalty, or costs entered shall on order of = '`at�s =` "•'�`= the Board of Supervisors be cancelled by the Auditor if uncollected or refunded by the County Treasurer under order of the Board of Supervisors. _ if assessment, penalty, or costs were entered, charged or paid: - - (a) More than once; _ - (b) Thou Jt clerical error, © i (c) Through rite error or mistake of the Board of Supervisors or of the' Commissioner in respect to any material fact including the case where the '�'• 2 :': costs rendered show the County abated the land, but such was not the facts "''tjF, -...', .': ;:r ;.r •:': (dl llle,rrlly; _ (e) On property acquired after the lien by the State or any city, _ ^ ���•':i';f�tl�' `i_ - "1 county, school dislnct, or other political subdivision and because of this _ •:`.::3'�'-?': Public eusnership not suhject to sale for delinquent taxes. No order for refund ,nu{cr the foregoing shall be made except on a claim verified by the peso., who paid the special assessment or the representative of such person or his estate and said claim is filed within three (3) years after making the payment to be refunded. „Y, „,,, !f'?•r�'- ;� -'• =�, 62.0110 LAND USE. BUILDING REGULATIONS County :Auditor. The bill shall include an itemized statement covering the - - v.ork necesriry for such abatement of hazardous condition. If the record - - o�ancr Of the land Or his aeent does not pay the bill within thirty (30) days after said nailing, the Commissioner shall certify to the Auditor the _ demands remaining unpaid on said bill to ^_ether with any informati,n _ _ squired by law :it such cases. The County .auditor shall cause the amount of _ the came to be entered on the tax roll as a special assessment and tax lies. on the property from which abatement of hazardous condition was _ - ceconiplished. The special assessment shall be included on the next - _ - succecding tax statement. Thereafter the amounts of the assessment shall be - - coPected at the sure time and in the same manner as County taxes are ' '• =I` . -1.'� ':` 't: == ".,. ?=_- colircted, and shall be subject to the same penalties, and the same pre -edure and sale in cases of delinquencies as provided in ordinary taxes. Ali or any r-, u ORDINANCE NO. IS]? AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AMENDING THE COUNTY CODE BY ADDING SECTION 630151 I TO CHATS. I DEDIV13ION 1 TITLE e. HRTkN1NG TO SGL DISTURBANCE PERMITS AND VIO'LATION'S OF CONDITIONS O+ SUCH PERMITS ALL PERTAINING TO LAND IN THE WEST ENO AND PARTICULARLY DFSCRIBED IN SECTION 61011 OF SAID CODE, TIN, Bwd d fupenrun of fAe C., o' San BerNHh -, Sufe d Cailbrnu. eon ".,I as Ed. SECTION I Tfe Tan Bmr+rdrno County Code H bleb, amendM In 3&q f t,o 62 0151d) 0 Chipvr I d Demon I. Tnk 6, vheh rwt,m call mad is ollmn (d) II tNA be tsa Isl 'or ani pmmlrrt AertoL or all person p'actedr't under tAe authonry of 4RA a pe—F. 4 .able am d IN terns or Onddrdnf of ud pmmf SECTION T rh•a pk.,axe ,Nn uke enm mom pel an after is aaoMWn ROBERT L, HAMMOCK. Charmun Boam pl Suoennar, • A ANDR DREE OISHAAOON, Ckn d ehe Bwk of $upemwn STATE OF CALIFORNIA u COUNTY OF SAN BERNARDINO I. AN' BEE DSMAROON, Cki or fAe Boak of 5upemton d the Cwny d 9n &m+k•na. Suu d C+AI,,HHa, hertbF «nry 1Nr n a nMhr mount df N "c of Supenr,on of saOCauny" Sp¢ AN m rAe I NhC,t d FtNs,. H61, al -40 nxnmg .en pnwnf Supennon Roxn L Hammack, CN— Bob Olden 61 McE sa, D+nd L MCI 10 T,« .r,d 1,414 C4H. ra f.,a, akrmae — purtd aM &,p bt fh E.I—r, t .ole, IF my AYES %,.ri Older Mdl.ars, M<Keen+, T.—H!, H+mmal NOES Nora ABSENT Nort IN W 4NFSS W MfREOF, I N.e he2rrmo ut rrry haM md+Rnrl fN elfrol pal al rk Bork of Suynnon rAn Idfh d+t of ANDI fe 1401 AND'nEF D B," V $. Ckn of 14 BoffS or 5k —HE'. d" Covey vl Ln &m+kmo, Suu pf GlAomu 2 (t 21 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA COUNTY OF SAN BER.....— O I ss Nancy Smith I, do hereby certify' that I am the Legal Advertising clerk of THE DAILY REPORT, a daily newspaper of general circulation, published in the City of Ontario, County and State aforesaid and that the attached advertisement NOTICE OF PUBLIC HEARING of City of Rancho Cucamonga noce a week for four weeks was published in said newspaper to wit, July 13, 1981 1 certify under penalty of perjury that the foregoing is true and correct. U (Signature) Dated at Ontario, California this Thirteenth day of July IIIOII Ll I 0 • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 5, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician rU"Mp,,, 2 n SUBJECT: Annexation 43 to Landscape Maintenance District #1 for Tract 10491 and Parcel Map 5922 rra. • aN' I � • a. i 1977 Attached for Council's approval is a resolution ordering the work in connection with annexation #3 to Landscape Maintenance District #1 for Tract 10491 and Parcel Map 5922. Annexation to the Maintenance District is a routine policy for all new tracts and parcels. RECOMMENDATION It is recommended that council approve the attached resolution ordering the annexation of Tract 10491 and Parcel Map 5922 to Landscape Maintenance District #1. Respectfully s mitted, LBa Attachments I< RESOLUTION NO. g:l- 19 G • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NUMBER 3 TO LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 1st day of July, 1981, adopt its Resolution of Intention No. 81 -101 to order the therein described work in connection with Annexation Number 1 to Landscape Maintenance District No. 1, which Resolution of Intention No. 81 -101 was duly and legally published in the time, form and manner as required by law, shown by the affidvait of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement ", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 81 -101, according to the names and • addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and if WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work; SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the district and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 81 -101, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it finally resolved that the assessments for fiscal year-T93-1--82 and method of assessment in the Engineer's Report are hereby approved. u� Resolution No. Page 2 PASSED, APPROVED, and ADOPTED this 5th day of August, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip O. Schlosser, Mayor I 1 C] ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I ANNEXATION NO, 3 7R .i -L f. .. ; —.— ; , 4V 7 7' air --1 .0 19 --,"i &Rcow 14. :t. CITY RANCH' CUCANIOX(GA ENGINEERING MVISION VICIN11V 1%1�\[) ATRACT N0. N ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION N0.3 J r � ..,,x..,,, •. nirrerEEHrH srn re �ws_.��, sraEer. W •xv � • \i\•.. P<PCFI 1 JJ 1 \ q 0r �m FBI` vu„4 i•eaco. •• P44CF'.2 V<gLEL ] Pv Pa4C$l • � •am x. .. m v x �' sm iaf ma •• v .a r »' No W, POw SfNMEr " CITV OP R; \ \'CI 10 Cl'C: \, \10 \'G ;\ `r ^ -9 , ` Parcel Mao 8, \'CL \'I;LRI \'G DI \'ISin. \' 5922 - >' \'ICI \IT}' •I `'- INTER- OFFICE MEMO DATE July 15, 1981 u w mi u FROM Thomas Wickum, Captain PHONE 'A Rancho Cucamonga Sheriff's Station ..,' TO Lauren Wasserman, City Manager City of Rancho Cucamonga SUBJECT FBI -N /A Training Seminar The FBI National Academy dates have been set for September 20 through September 23, 1981. This year it will be held in San Diego and the registration fee is $60. Room accomodations have been set at $56. The total approximate cost of the seminar is $241.68. It should be noted that spouses are also invited to participate. There is a registration fee of $30. I recognize that the $30 cost is my sole responsibility. It is, therefore, requested that my attendance at this seminar be approved and that the reservation be confirmed by including one night's advance deposit to the Hotel Del Coronado. TW:jec • Southern California Edison Company ,x2 nop�w sE C a,lO AVE VPlan�, C�EiIapY�, a�)E6 R , W. BOND City of Rarcho Cucamonga 9320 Baseline Road Alta Loma, CA 91701 za� CL4Ys June 25, 1981 mop. ra..a Attention: Mr. Lauren Wasserman City Manager Gentlemen: The Southern California Edison Company plans to build a double- circuit 220kv transmission line in the existing right of way between Etiwanda Generating Station and Padua Sub- station due to the continued growth in the area served by Padua Substation. The transmission line route will parallel the existing tower line route being to the east in Etiwanda, to the north along the foothills, and on the west side in the Upland area as shown on the attached map. • Double- circuit freestanding steel structures will be utilized for this line. The structures will be either lattice or con- temporary, or a combination of both. Construction will be scheduled to meet the load criteria for Padua Su station which(-)pppp is expected to exceed megawatts in 1983.ir- �h&¢.e�.dl�. O JJJ` In accordance with California Public Utilities Commission General order No. 131, Edison hereby requests a written state- ment from the C'tv off. f Rancho Cucamonga setting orth the Citv's st n (lz — The City's -s a emen —ill become part oE" -tie Company's application to the California Public Utility Commission for a certificate of Public Convenience and Necessity. I will be pleased to meet with you or members of the City Council to provide additional information if you wish me to. RW: rdc Attach. \ cc: Phillip Schlosser, Mayor Sincerely, Area Manager i A21 • 0 C] 0 • 0 CITY OF RANCI-10 CUCANIQ \n1 5I'AFF REPORT DATE: August 5, 1981 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: RESOLUTION ADOPTING REDEVELOPMENT AGENCY PROJECT AREA ABSTRACT: The Planning Commission is already aware of the survey area selected by the City Council and the issues involved in its selection. However, the City Council needs to formally direct the Planning Commission by resolution to designate the project area. Attached for Council's con- sideration is a Resolution which would accomplish this as well as a di- rective to formulate a preliminary redevelopment plan. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution directing the Planning Commission to take this action. �ttf7q�u�llyy sup mitted, WVn"i JACK LAM, Director of Community Development JL:jk Attach. laa RESOLUTION NO. 4/ - / ;/ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DIRECTING THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA TO SELECT A REDEVELOPMENT PROJECT AREA AND TO FORMULATE A PRELIMINARY REDEVELOPMENT PLAN WHEREAS, upon adoption of Resolution No. 9i r�l, the City Council of the City of Rancho Cucamonga hereby designates as a Redevelop- ment Survey Area that area described on Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, the City Council of the City of Rancho Cucamonga determined that such designated area requires study to determine if a redevelopment project(s) within the survey area is feasible; and WHEREAS, Section 33322 of the California Community Redevelopment Law provides that the Planning Commission shall select a project area($) comprised of all or part of the Redevelopment Survey Area; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga • shall, furthermore, formulate a preliminary plan for the redevelopment of each selected project area. NOW THEREFORE, the City Council of the City of Rancho Cucamonga • does resolve as follows: Section 1: The City Council of the City of Rancho Cucamonga hereby directs that the Planning Commission of the City of Rancho Cucamonga select a project area(s) from within the designated survey area described on Exhibit "A" attached hereto and by this reference made a part hereof. Section 2: The Planning Commission is, furthermore, directed to formulate a preliminary plan for the Redevelopment Project Area. Section 3: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, and ADOPTED this 5th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Phillip D. Schlosser, Mayor 1n�✓(/l Lauren Wasserman, i y er , p- b 0 • I Ll rrmv nm DAIVPR0 f9illA MGNGA _orA e.... STAFF REPORT DATE: August 5, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 1977 BY: Terry Nemer, Traffic Analyst SUBJECT: Pedestrian Safety Project - Office of Traffic Safety Grant Attached for Council review is a letter received from the Office of Traffic Safety tentatively approving the City's request for funding a pedestrian safety program. The request was for funds to provide equipment and personnel to perform a pedestrian safety study, to establish sidewalk priorities, and to determine safe routes to school. The project will involve the following budget items to be funded with O. T. S. money. 1. Engineering Technician (Trainee) (half -time for one year) $ 7,572.00 Materials and Supplies 300.00 Printing and Reproduction of Maps 500.00 Postage for Distribution of Maps 1,800.00 $10,172.00 The project agreement includes the following statement of intent: "We have considered the continuing operation costs of implementing this program and its is the intent of the Community to continue the pedestrian safety program developed by this project as a part of the Community's ongoing operational activity.' RECOMMENDATION It is recommended that the City Council approve the concept of the grant program and confirm its support to continue the program upon termination of the grant. continued.......... IDI l • Pedestrian Safety Project - Office of Traffic Safety Grant August 5, 1981 Page 2 This action will not commit the City to retain the position of Engineering Technician but rather to provide an improved pedestrian safety program. This action should be continued and developed as a proper function of the Engineering Division regardless of the grant program. Staff will forward copies of the final agreement as soon as comments have been received from the Office of Traffic Safety. The draft agreement is attached. Respectfully submitted, LBH:TN:jaa • Attachments lJ 49 f^1 STATE Oi CAOFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN SR., G —tow OFFICE OF TRAFFIC SAFETY M FRANKLIN BLVD., SUITE 330 SACRAMENTO, CA 95033 'A June 31, 1981 Mr. Lloyd S. Hubbs City Engineer City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Hubbs: Your proposal requesting funding assistance to implement a Pedestrian Safety Project has been tentatively approved. Final approval is contingent upon the submission of an acceptable Project Agreement. Enclosed, to assist you in the structuring of your Agreement, are program manuals and copies of the Project Agreement. . Two draft copies of the Agreement should be submitted to this office as soon as possible. signatures are not required at this point in time. • If you have any questions or require any assistance, please contact me. is Sincerely, x/ PATRICIA A. HILL Regional Coordinator (916) 445 -9734 C I PAH:lr CliyOf 4 ^- i;r,'! {0 CUC:.f;10iV,q Enclosures COGi6iUf41 i Y DEVCLOP -AEi1T DEPT. J U , 1 Inc; A'A PU 7131 ^II�IhII211121�141SIG 1� �o W -1- 0'TS -F -1 (Rev. 6/76) /o % State of California SAF=Y OIFTCE USE ONLY Business and Transportation Agency OFFICE OF TRAFFIC SAFETY Project Number TRAFFIC SAFETY PROTECT A101T Revision Number (Under Section 2907, California Vehicle etuFOnwa CILIF OFrnut'k: safFrr Code, and Section 402(C) of Public Law Fate 89 -564 as amended by Public Law 91 -605) Project Budget Esti.:ate Fiscal Yr. Amount F.4:. 1 - (To be Opleted by Applicant Agency) S 1. Project Title $ Pedestrian Safety - Standard X14 —' TOTAL S 2. Nam of Applicant Agency 4. Project Period City of Rancho Cucamonga Ynnth - Day - Year FY=November 1, 1981 3. Agency Unit to handle Project To October 31, 1982 Enpine erina Division S. Projec Dese iption (Summarize the proposed project plan covering the objectives, method of procedure, evaluation and end product in approximately 100 u=ds) This project will develop a pedestrian safety program for the City of Rancho Cucamonga. The project will include 1) a review and analysis of existing data and conditions, 2) preparation of a safe routes to school study, 3) preparation of a crossing guard study, and 4) a listing of priorities for sidewalk construction. 6. Fede^a'_ F�n ds Allocated Under this _men, Shall Not Exceed S 10 1 2 u:...: a - ine provss.ons rn the averse i e nereo: nstitue a: of this Trent A. ProjeT Odm=cr B. Authorizing official of Applicant Agency Nmre Terry Nemer Ptcl','989 -I8 1 Name Lauren Wasserman Phone989 -1851 Address 9340 Base Line Road Address 9320 Base Line Road P. 0. Box 807 P. 0. Box 807 Rancho Cucamonga, CA 91730 Rancho Cucamo nga, CA 91730 Sip.,, at __ Signature Title Traffic Analyst Title City Manager C. Fiscal or Accc=ting Official D. Office Authorized to Receive Payments Na-e Harry Empey Name City of Rancho Cucamonga 9320 Base Line Road Title finance Director Address P. 0. Box 807 Rancho Cucamonga, CA 91730 ?:one 71 �. /989 -1951 P'- Dseiic, Schedule A Pmject Task 6 Cost tegory un. '-necu -e P: icrTry and Centributicros Schedule A -1 Tnaff is Data Tkrrmury Schedule £ Detailed Budget Schedule B Non- Wplication Certificate Ti^e and Co, Fstvrate Schedule C Patch Act and E.O.A. Form W -1- 0'TS -F -1 (Rev. 6/76) /o % SCIIEDULE A PROJECT DESCRIPTION • IBACKGROUND A. General Characteristics: In November, 1988, the communities of Cucamonga, Eti•wanda, and Alta Loma incorporated to form Rancho Cucamonga, a city encompas- ing approximately 32 square miles. Prior to recent development, the area was primarily rural with a large amount of acreage devoted to groves and vineyards. Rancho Cucamonga is located in southwest San Bernardino County 37 miles east of Las Angeles and 15 miles west of San Bernardino in the foothills of the San Gabriel Mountains. The City, because of lower land values and proximity to popul tion and employment centers of Los Angeles and Orange Counties, has experienced tremendous growth. The population in 1980 was 54,000 compared with 10,800 in 1960. The City is adjoined on the east, west and south by incorporated cities similar in characteristics to Rancho Cucamonga, with the San Gabriel Mountains to the north. The terrain slopes gently towards the mountains with a number of flood control channels traversing the City from north to south. B. Streets and Highways: Public roadway mileage within the City is 218 miles. Of this amount, 212 miles are paved City streets, the remainder are primitive or unimproved roads. C. Engineering Department: The Engineering Department consists of the Land Development, Special Projects, Public Works, Maintenance and Traffic Divisions. The Engineering Department employs 26 people. The Traffic Division consists • of a full -time Traffic Analyst, a full -time Engineering Technician and a part - time Engineering Aide. The focus of the Traffic Division centers around high accident location analysis and investigations, a traffic central device inven- tory, radar speed checks, a traffic count program and transportation planning. D. Existing Systems: Copies of all reported traffic collisions occurring in Rancho Cucamonga are received on a regular basis from the Sheriff's Department. Information regarding time, location and severity of each accident is recorded on a listing of collisions. An accident pin map is kept for each each of three years indicating the location, severity and time of each collision. The 1981 pin map separates pedestrian and bicycle accidents from other collisions. Summaries of accident data are received on a quarterlybasis from SWITRS. 0 PROBLEM As Mmes have replaced groves and vineyards in the City, numerous traffic control and pedestrian problems have become evident. Older sections of Rancho Cucamonga developed many years ago contain streets which are narrow and without sidewalks. Higher traffic volumes present a potential hazard to pedestrians, especially in partially developed areas without sidewalks and where roadway widths change often. Development has brought an influx of families with children into these areas and the number of school aged children has increased substantially. A need to re- evaluate school crosswalk and crossing guard needs and to determine safe walking routes to school is evident. A listing of areas without sidewalks needs to be completed to set priorities for construction of sidewalks which will serve pedes- trians of all ages. O:s -F -I (Rev. 6/73) SCHEDULE A PRDjECT PESCRIPTIOw PART I - ATTEMPTS TO SOLVE PROBLEM The Traffic Division has been unable to devote sufficient time to the analysis of assigning priorities to locations in need of sidewalks or to determine safe walking routes to schools because of other commitments. The primary workload of the Traffic Division consists of high accident location analysis and investigations, traffic control device inventories, speed surveys, traffic counts, and transportation planning. Pedestrian accidents have been reviewed for a three year period. The analysis of existing controls (signs, signals, pavement markings) has been partially completed. Manpower and budgetary constraints prevent any further development of a pedestrian safety program. PROJECT OJBECTIVES The goal of the proposed project is to provide increased safety for pedestrians. To achieve this, the following objectives will be completed: I. Develop safe walking routes to the 15 elementary, junior and senior high schools within the City and identify deficiencies in these routes. 2. Identify locations where crossing guards and school crosswalks are needed. 3• Identify and upgrade deficiencies in signing, signals, pavement markings and lighting in areas with high pedestrian volumes and along safe routes to schools, 4. Identify areas where sidewalks are needed and prepare a priority listing for construction of the sidewalks. METHOD OF PROCEDURE Tasks needed to achieve these objectives will be completed in the project phases list- ed below; Phase I - Recruit and Train Project Personnel and Purchase Equipment 11 -1 -81 to 1 -31 -82 Employ additional person needed to perform the project activities and provide necessary training and orientation. Prepare specifications and procure necessary equipment and service. Phase 2 - Review and Analyze Existing Data and Conditions 2 -1 -82 to 2-28 -82 Analyze existing traffic controls (signals, signs, pavement markings) to determine improvements which will improve pedestrian safety. Recommend appropriate changes to eliminate potential hazards, Upgrade signing, pavement markings and pedestrian phhses of signals according to engineering standards. oTS -P -> (Ray. 6/73) SCHEDULE A PPDJ = MSCRIPTIM a Phase 3 - Preoaration of Safe Routes to School Plan • 3 -1 -82 to 9-30 -82 Determine safe walking routes to each of the 15 schools in Rancho Cucamonga. Obtain input from school district personnel regarding locations where students reside. Prepare and distribute safe route to school maps for each school. Phase 4 - Determine Sidewalk Needs 6 -1 -82 to 9-30 -82 Areas without sidewalks with high volumes of pedestrians or which are along routes to schools will be identified. A list of sidewalk needs will be compiled based on this information. A priority listing will be completed to incorporate into the City's improvement plan. Phase 5 - Crossinn Guard Study 10 -I -82 to 10 -31-82 Determine need for crossing guards based on safe routes to schools study. Input from school districts and the Traffic Committee will be utilized in making decisions. • METHCD OF EVALUATION The primary objective of this study is to establish an effective system for dealing with the safe movement of pedestrians. The major products will be a safe route to • school study, a priority list of sidewalk requirements, and a crossing guard study. Evaluation of the program will involve the insured continuation of the systems esta- blished. This will be accomplished by monitoring the program and evaluating it after a tr.o year period for overall effectiveness. Where changes in the system are requirdd, they will be evaluated and reported on in the evaluation study. STATEMENT OF INTENT We have considered the continuing operation costs of implementing this program and it is the intent of this community to continue the pedestrian safety program developed by this project as a part of the community's ongoing operational activity. as -r -> (P.ev. 6/73) SCHEDULE A-1 Priority Statement - Explain what type of priority this project has in your jurisdiction. The extreme growth currently being experienced by the City of Rancho Cucamonga has made pedestrian safety a primary area of concern. Families with children are moving into areas without sidewalks and with inadequate road widths to accommodate pedestrian and vehicular traffic. Based on this need, the proposed program will receive first level consideration. The project will receive direct participation by the City Engineer, the Senior Civil Engineer, and the Traffic i Analyst. The City Council is fully committed as demonstrated by the attached i resolution. Agency Contribution - Explain what services or funds are being contributed by your agency in support of this project. Office Space @ $75 /mo City Engineer (50 hours /year) Senior Civil Engineer (50 hours /year) Traffic Analyst (300 hours /year) Office Furniture Maintenance and operation of vehicle Miscellaneous staff support - 10% Grant Miscellaneous office equipment E supplies TOTAL CITY CONTRIBUTION 13/ C, J 0TS -F -1 (Rav, 6/73) ESTIMATED COST FY1 FY2 TOTAL 11-25 75 goo 950 80 1,030 730 65 795 3,290 285 3,575 800 0 800 1,100 loo 1,200 goo 100 1,000 475 25 500 9,070 730 9,800 C, J 0TS -F -1 (Rav, 6/73) C� J • • SCHEDULE B Detailed Budget Estimate PART I - Item 7 Budget Detail pa". I Fiscal Year Estimates Total Cost Ti, Project FY -1 FY -2 FY -3 FY -11 11 -1 -81 io -1-82 A. 1'r is o w m l 1...:: L•: 9-30 -82 10 -31 -82 POSITIUNS AND SALARIES 1 Engineering Technician (Trainee) 6 mo. @ $586 /mo 3,516 3,516 2 mo. @ $615/mo* 1,230 1,230 3 mo. @ 5658 /no" 1,974 1,974 1 mo. @ $658/w 658 658 *step increase * *7% cost of living I:MI'I.OYI:I: I:I:NIXITS 2.64 > 177 17 194 'I'utal Personnel Costs 6,897 675 7,572 If. Trdvel LxDense TO BE CONTRIBUTED BY CITY 'Pula[ 'I'ravcl. Expense C. Conrr.,r.tual Services NONE '1'ot.,l Contractual Survice; OTS -F -1 (Rev 1 -76) SCHEDULE B Detailed Budget Estimate M -r -1 (Rev 10178) I' •:r Y� I .: 'I'..I I'.e:l C.il •. p, n'V I'1' -I I'Y -% I'Y -3 I'Y -4 'I'.. I'ry •1•.� I 17 -1 -81 10 -I -82 p. M,ll I.m•nliL l.• 17. I "i'IV 10- 1-82 NONE 'I'r1.1I N, ni Cxt *nddhlN T�rr1M )ri"J C,othcr Diror,t Costs Materials and Supplies (paper, drafting equipment, 300 supplies) 300 Printing and reproduction 500 of maps 500 Postage for distribution 1,800 of maps 1,800 Total Other Direct Costs 2,600 2,600 I'. Indi1•rct lu •'. L.'1 TO BE CONTRIBUTED BY CITY Tu1.i1 rndir,:et Costs '1'n'I'A I. BUI }GET CS'i INATE All rt,:rpori u'• 9.497 675 10,172 M -r -1 (Rev 10178) SCHEDULE B -1 Budget Narrative PERSONNEL COSTS The City intends to hire an Engineering Technician to conduct the proposed project. It will be this person's duty to organize, administer, and complete the described scope of work under the supervision of the Traffic Analyst. The employee benefit rate is broken down as follows: Workman's Compensation 2.64% DIRECT COSTS Printing and reproduction estimates cover the cost of safe routes to school maps. Postage is included as a separate category for distribution of the maps. Materials and supplies include a Le Roy lettering set, drafting paper, and supplies related to drawing of the maps. OTS -F -1 (Rev.6 /73) d -1 SC2ECli is L Project -ire an_ Schedule u v N � ul O Y FISCAL YEAR 1 FISCAL YEAR 2 total :rc3ec! ^ " o C a EN,- t- o QTR 1 11 -1 -81 to 12 -31-81 QTR 2 1 -1 -82 to 3-31-8214-1-82 QTR 3 to 6 -30 -82 QTR 4 7-1 -82 to 9-30-82 QTR 1 10- T- 82to10-31 -82 ost By�Task 1,503 6ol _2.104- 2 601 6Q1— . 3 4_ 601 1,548 —5..467 - —1 330— _ _ — — 679 675 5 Quarterly Costs 1,503 1,803 1,865 4,326 679 in 1�2 Cumulative Quarterly Costs 1,503 3,306 1 5,171 9,497 10,172 • • • OTS -7-1 (4. 5/73) n U s� 70r '7x= -t ••sue- - IgBI -82 OTS -j' -1 (Rev. 10 -76) C 0 S T C A T= E 0 R Y 01S PM*ect AWP Siff/ Personnel Travel Contractual Von Ex, nd- Other Direct Indire= 70-51 C--s-- Phase SET E TASK Casts Expense Services able - °= 'o?erty Costs Cost_ By Tas< 1 1,804 0 0 0 300 0 2,104 2 601 0 0 0 0 0 601 3 M62 0 0 0 2,300 0 5,462 4 1,130 0 0 0 0 0 1,330 TOTS 6,697 0 0 0 2,600 0 9,497 OTS -j' -1 (Rev. 10 -76) ' -J °^ ac nA S,vnrar a F° r 7 = - -- Ys= 198,-93 C� r 0 MS-F -1 (Rev. 08) C O S T C P. T Z 9 0 R Y OTS °:o'.ect Phase A6P SID/ SP E TASK Personnel Costs 11vvel Fxpense Contractual Services Von L.T-nd- -Ile - °'e?erty Other Direct Costs Indim= Costs 70`_ai C--s'= By Ta'< 1 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 5 675 0 0 0 0 0 675 TOTNS .675 0 a 0 0 0 675 C� r 0 MS-F -1 (Rev. 08) (1) Pop•ulatio. (2) Roadway Miles (3) M Citations for Moving 'Violations (4) N Accidents All MV Accidents Motorcycle Bicycle ") Pedestrian (S) B Victims Motor veh. occ. Moturcyclist /pass. Bicyclist /pass. Pedestrian Total Victims see Instructions on Aeverne Sida 3 -Year Traffic Data Summary City of Rancho Cucamonga in /or County of San Bernardino last Year (1980 ) 2 Years Ago (1979 ) 3 'fears Ago (1978 ) T Use Only 54,000 51,000 48,000 218 208 200 5,476 3,250 Data not complete i Fatal Injury Fatal Injury Fatal Injury 13 327 9 328 3 153 7 59 1 50 1 47 0 11 0 13 0 0 0 12 2 16 0 6 8 361 6 .381 2 220 7 80 1 67 1 0 0 12 0 16 0 4 0 16 2 18 0 7 15 469 9 482 3 486 OTS -F -1 (Rev. 11/73) CERTIFICATION CALIFORNIA TRAFFIC SAFETY PROGRAM • EQUAL OPPORTUNITY ASSURANCE Pursuant to the requirements of Title VI provisions of the Civil Rights Act of 1964, the certifying applicant acting through its chief administrative officer, desiring to avail itself of the benefits of Chapter 1, Title 23, United States Code, and as a condition to obtaining the approval of the Secretary of Transportation and Governor of California of any highway safety projects as provided for in Title 23, United States Code, Section 105(a), hereby gives its assurance that all provisions of Equal Opportunity Assurance with regard to the Highway Safety Program will be complied with fully. MINORITY BUSINESS ENTERPRISE (1) "Policy. It is the policy of the Office of Traffic Safety and the certifying applicant that minority business enterprises as defined in 49 CFR Part 23 shall • have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, . the MBE requirements of 49 CFR Part 23 apply to this agreement." (2) "MBE Obligation. The certifying applicant or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard the certifying applicant and all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The certifying applicant and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts." (over) • 0 • 11 PTMV nc DeWrU() Vl TV aMnNne STAFF REPORT July 31, 1981 TO: City Council FROM: Lauren M. Wasserman, City Manager /l SUBJECT: County -City Land Sale Agreement 1977 As a condition to purchasing the entire 25.5 acre parcel for the Law and Justice Center and the Civic Center, the County has agreed to sell to the City 7.5 acres for our use. The total cost of the land will be approximately $919,324.00. Because of the City's financial condition, the County has agreed to purchase the land and to resell it to the City for actual cost. The enclosed agreement specifies that the City pay $750,000 to the County on January 15, 1982 and an additional $169,323.55 on or before January 15, 1983. In addition the City agrees to pay one - half of the incidental costs such as escrow fees, title insurance, title report and labor charges for appraisals and property acqui- sition negotiations. It is anticipated that the City share for this work will not exceed $5,000. RECOMMENDATION: It is recommended that the City Council approve the agreement with the County of San Bernardino regarding the purchase and sale to the City of land for the City- County Law and Justice Center and Civic Center. Funds will be available to meet the com- mitments as specified in the agreement. LMW /vz 0 COUNTY -CITY LAND SALE AGREEMENT JULY 28, 1981 0 0 FIFTH DRAFT 40 iJ COUNTY -CITY LAND SALE AGREEMENT . THIS AGREEMENT, dated , 1981, is between the COUNTY OF SAN BERNARDINO, a public entity and agency ( "COUNTY ") , and the CITY OF RANCHO CUCA14ONGA ( "CITY "), a general law city organized pursuant to California law. W I T N E S S E T H WHEREAS, the COUNTY, a body corporate and politic, intends to become the owner of certain real property located within the City limits of CITY consisting of approximately 25.5 acres, more or less, more particularly described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the COUNTY has determined to sell to the CITY 7.58 acres of the property described in Exhibit "A" to be used by the CITY for the development of a city project for a comprehensive Civic Center described more specifically in Exhibit "B" attached hereto and made a part hereof ( "SITE "); and WHEREAS, the COUNTY with the concurrence of the CITY is of the opinion that the SITE should be developed as a part of the comprehensive Civic Center of the CITY by the construction of certain public facilities such as a City Hall, Police Building, • and Cultural Center, together with parking facilities, walks, and other appurtenant facilities as contemplated by this Agreement. NOW, THEREFORE, in consideration of the payment of $919,323.55, plus costs in excess of direct land costs, and the performance of the mutual promises and agreements herein contained, the parties hereto agree as follows: SECTION 1. Premises. The COUNTY hereby agrees to sell and the CITY hereby agrees to buy the SITE, more specifically described in Exhibit "A ", subject to any conditions, reservations, exceptions and rights -of- way which may be of record, after review by CITY as set forth below. The parties hereto each acknowledge that acquisition by the COUNTY of the real property described in Exhibit "A" is a condition precedent to the obligation of the COUNTY to sell the SITE to the CITY. SECTION 2. Ownership; Possession. The COUNTY covenants that it intends to become the owner of the real property described in Exhibit "A" hereof and the COUNTY • -1- is /^ • shall sell to the CITY 7.58 acres, plus or minus the total acreage described in Exhibit "A ". SECTION 3. Purchase Price and Method of Payment. The COUNTY agrees to sell said property and CITY agrees to purchase the SITE as follows: The CITY shall pay a purchase price of $919,323,55 plus costs in excess of direct land costs for the SITE, payable to the COUNTY OF SAN BERNARDINO as follows: (a) The sum of $750,000 to be paid by check to the order of COUNTY, to be delivered on or before January 15, 1982, and the sum of $169,323.55 plus costs in excess of direct land costs to be paid by check to the order of COUNTY, to be delivered on or before January 15, 1983. If CITY fails to deliver either said check, in said amount, as agreed, the portion remaining unpaid of the total $919,323.55 plus costs in excess of direct land costs shall be payable from CITY's apportionment of secured taxes until full satis- faction and shall be made payable by a warrant to COUNTY, prepared by the Auditor - Controller's Department from funds deposited with the • County Treasurer -Tax Collector on behalf of buyer, CITY OF RANCHO CUCAMONGA. A receipt for same will be given by COUNTY to CITY, and COUNTY then to provide the Deed of Trust to the property so conveyed. • (b) These costs shall include, but not be limited to, the following: Legal Fees, Abstract of Title, Title Insurance, Escrow Fees, Broker's Commission and Administrative costs. (c) In determining said costs in excess of direct land costs, the parties agree that such costs shall constitute a sum equal to pro rata share of tb? aggregate costs incurred by COUNTY in connection with the CITY - COUNTY civic center as described in Exhibit "A ", incorporated herein by this reference, after giving credit to CITY for pro rata share of comparable costs incurred by CITY in connection with said acquisition of Exhibit "A ". (d) The CITY, following its acquisition of the SITE, shall assume all taxes and assessments of any nature whatsoever levied upon the property or CITY's interest therein or upon the CITY's operation thereof or the CITY's obligation under applicable tax laws. SECTION 4. Title Insurance. (a) Preliminary Title Report. Escrow holder is instructed to procure a CLTA standard form policy of title insurance as soon as possible after escrow has been opened as a prerequisite to insuring title in CITY, 4 -2- issued by title insurance acceptable to both COUNTY and CITY, in the • full amount of the purchase price and costs herein agreed to be reimbursed pro rata share by CITY for the SITE, and shows title sub• ject to the following conditions: (1) General and special taxes not yet delinquent; (2) Such recorded covenants, conditions and re- strictions which might exist thereon; and, (3) Any liens, encumbrances, easements, rights of way, rights of record, items, exceptions or conditions which might exist against title, unless disapproved by CITY as provided below. (b) Review of Preliminary Title Report. CITY shall have the right to review the title report and the items and exceptions shown therein. Should CITY not dis- approve said title report by serving written notice of its objection to any item thereon to COUNTY within fifteen (15) days after receipt of said title report, it shall be presumed that CITY has accepted the same and escrow shall no longer be subject to the requirement of CITY's approval thereof. In the event that CITY shall disapprove said preliminary title report or any item referred to therein, • COUNTY shall use its best efforts to correct those matters prior to the close of escrow. SECTION 5. Escrow. 11 Within ten (10) business days following acquisition by the COUNTY of the real property described in Exhibit "A ", but not later than December 15, 1981, an escrow covering the sale of the subject property shall be opened at an escrow mutually acceptable to the COUNTY and CITY, and each shall execute escrow instructions and such other documents as are reasonably necessary and convenient to open the escrow and to satisfy the terms and conditions of this Agreement. This Agreement shall be referred to and made a part of said escrow instruc- tions where applicable and appropriate, and to the extent this Agree- ment is inconsistent with or conflicts with said escrow instructions, this Agreement shall control in all respects. It is the intent of the parties hereto that, where applicable, the provisions of this Agreement shall survive the close of escrow. It is specifically understood and agreed that time is of the essence of each and every provision hereunder. SECTION 6. Term of Escrow and Conditions for Extensions Thereof. This escrow shall close no later than January 15, 1984, providing the COUNTY has acquired the real property described in Exhibit "A ". If not, the escrow shall close as soon as possible after the COUNTY has acquired the said real property. The cost Q:D W . of escrow shall be borne equally by the parties hereto. Taxes and insurance premiums, if any, shall be shared by the parties at the close of escrow. Assessments, if any, shall be paid by the COUNTY and CITY. The cost of title insurance shall be shared by the COUNTY and CITY. Escrow shall be closed, and title to the SITE, transferred to CITY after payment of $919,323.55 and costs to COUNTY. SECTION 7. Default by Purchaser - CITY. In the event CITY fails to make any payment of the purchase price promptly when the same shall be come due as therein specified, or promptly to perform any covenant or agreement herein contained, COUNTY may elect to specifically enforce this Agreement, or to exercise the rights given to it under Section 3(a). Service of all demands, notices or other papers may be made by registered mail at the CITY OF RANCHO CUCAMONGA, City Hall, 9320 Baseline Road, Unit C, P. 0. Box 807, Rancho Cucamonga, California 91730, or at such other address as CITY may indicate in writing to COUNTY. SECTION 8. Default by Seller - COUNTY. If COUNTY is unable to convey title in accordance with the • terms of this contract, CITY shall have the right of specific per- formance. Service of such demand may be made by registered mail at the County Administrative Office, 157 W. Fifth Street, San Bernardino, California 92415, or any such other address t:.e COUNTY may indicate in writing to CITY. SECTION 9. Assignment. This Agreement shall not be assignable by either COUNTY or CITY without the consent of the other party. However, both parties request that a notice of intention to assign be mailed to the address as listed in Section 12 and that only after written approval is given by the other party may the assignment in fact be allowed. SECTION 10. Condition of Premises. CITY and COUNTY stipulates that a full inspection of the property has been made and that neither the COUNTY nor their assigns shall be held to any covenant respecting the condition of any improve- ments on the premises, or to any agreement for alterations, improve- ments, or repairs, unless the covenant or agreement relied on is in writing and attached to and made a part of this contract. SECTION 11. Purposes. The CITY shall use the land purchased for the aforedescrib- ed purposes and for such purposes as may be incidental thereto. -4- SECTION 12. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments, or designations hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: COUNTY OF SAN BERNARDINO COUNTY ADMINISTRATIVE OFFICE 157 West Fifth Street San Bernardino, CA 92415 CITY OF RANCHO CUCAMONGA City Hall, 9320 Baseline Road, Unit C Post Office Box 807 Rancho Cucamonga, CA 91730 SECTION 13. Partial Invaliditv. If any one or more of terms, provisions, promises, covenants or conditions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be adjudged invalid, un- • enforceable, void or voidable for any reason whatsoever by a Court or competent jurisdiction each and all of the remaining terms, pro- visions, promises, covenants and conditions of this Agreement, and the application thereof to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the full- est extent permitted by law. SECTION 14. Attorneys Fees. If final judgment,, l l orifbanygattorneyniswemployedeand eexpensessare to incurred to compel performance of this Agreement, or any portion of this Agreement herein, the undersigned shall pay all attorney fees as a result of any action or proceeding, including appeals or further litigation thereon. As used in this contract, Attorneys Fees refers to full costs of any and all legal services performed and calculated on the basis of usual fees charged by attorneys performing these services and not limited to reasonable fees, as defined in any statute or ruling of the court, including but not limited to Rule 402, Section 1 of the Los Angeles Superior Court. Chapter XI of the San Bernardino County Superior Court Rules re Counsel Fees, Rule 1112.1. is -5- </',. • IN WITNESS WHEREOF, the parties hereto have caused this Land Sale Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. ATTEST: LAUREN M. WASSERMAN City Clerk of the City of Rancho Cucamonga ROBERT L. HAMMOCK, Chairman Board of Supervisors County of San Bernardino APPROVED AS TO FORM: BY: CHARLES A. DUERBECK Deputy County Counsel County of San Bernardino CITY OF RANCHO CUCAMONGA By: PHILLIP D. SCHLOSSER Mayor of the City of Rancho Cucamonga, CA JOHN F. MICHAELSON, Representative County Administrative Office County of San Bernardino -6- Listed as follows is a breakdown.of anticipated costs to be incurred for the acquisition of land for the subject property. a. Labor charges Administration, appraisal & negotiations $3,200.00. b. Escrow fees 450.00 C. Title insurance 6,036.50 d. Title report 100.00 APPROXIMATE COST $9,786.50 TBS:bch cc: James L. Matthews I2-1361.000 e... 1 /// // /91 . INTER- OFFICE MEMO q DATE July 28, 1981 +""=6"°1XO FROM THOMAS B. SHARPE PHONE 3323 Senior Right of Way Agent TO JOHN MICHAELSON Administrative Analyst SUBJECT WEST VALLEY LAW AND JUSTICE CENTER - CUCAMONGA Listed as follows is a breakdown.of anticipated costs to be incurred for the acquisition of land for the subject property. a. Labor charges Administration, appraisal & negotiations $3,200.00. b. Escrow fees 450.00 C. Title insurance 6,036.50 d. Title report 100.00 APPROXIMATE COST $9,786.50 TBS:bch cc: James L. Matthews I2-1361.000 e... 1 /// // /91 .