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1984/01/04 - Agenda Packet
,CA A4 f� -• �,� 11nro-Vo ,Lct%134 f c• i3 ; tou •' t 1-r ''1 tow , C' ntar 1-161 ran, 1,14e Rna'f ^rachn Cicancyrs, rA :"ovnla r nun -r u 1794 - 7 :3( D•m- Enaw. _r y! �t_n; f:r t et•elt �tg iGu t ,f tern tln� i:00 P-18- rte, the k:damat aday Prior to the wiihoot1:48•r1'he 1t7 Cl,d.'t Orf 1. - '>oa'tou 0.1 such itev. 1.__ (d'J. T) OMRR lir8.anoo to Ties. i•1_ C7 81.qur, . CahL , Frost SChlcare' _ __, and NLVC1s •y , a)p -ov., . Ntnutoa None tubmittaC y_- iW110OMCY. G+11T:1 I. Ihurrray h..0 try 9. '907, 1:00 p.m. - HIS ORIC IP!SFPY t'1 fh (QO I:SION' 1,.13 Pork (ammuni.y Center. b. 1(ednaeday, . :ar) 11, 1904, 7:00 p•la• Pl.atiNIN1 ^.:k4174S:UN MEM11I, Lfans Part Ccnlmnity Center. o. Thu••udu7, •ritiry 2. 198b, 7:30 p•m• • •DVISOFY COWUSSION FEET NO, LL •,n Pa k Cotavnll.y Center. � C0898fT C1LSiD�R Toe tb)loviaL ;Ocsunt CLLehrlar iton* am otpeatod to be •a•LSne end o�n- owtrn +z^alal. rAjy will be motel vpcn bl :to Cale" l at ane ttm vtthn't dioauantca. a. Lpprovoi b'errrnta, Register Moe. 33-12-10 and 84 -1.4, and 7'ayroti e• n8 for tho :oar, amount or 9701,665.89. City Council Agenda -2- January 4, 19E4 F for Club < b .aveteran•a Lic nseSforBeverage VFW ost. 86EO,a875 Industriul no Forward Claim against the City by Blaine L. NBdCJII Carrier for 5 o. Construction to the City Attorney and Insurance handling. Forward Claim against the City by Anthony Wuis Martinez to 7 d. the City Attorney and Insurance CerrWr for tnndling. Forward Claim against the City by Moffett a Nichol to the Citf 36 a. Attorney end Insurance Carrier fcr hendling. f. Approval of lease purchaaa agreecart of Tohn Deore traotor and not servloable for 69 Roseman rotary Se to badgetad eitamment the This a.�Approval of Condemnation providing Flood Prb:OOtiol, for 69 rain .eV00� oustruotlon of Training and 12046. Approval is Tracts 11934, 12044, 12045, agreement with R. C. Land Co. to cover all recommended of lands lred for the Costs construction involved of as flood protectionntraining levee� h, Accept of C. C. 6 R'o and Raleaaa of .Agreamr.at Between the o CC6P.'s 76 City or Rancho for Tract 11144 OocupancyA Permits prior t" Issuance of DESOLtfiION NO. 83 -225 Y 77 A RESOLUTION OF THE CLTY COUTCOI LLEAS6LM CITY OF RANCHO CUCAMONGA, CALIF'3RNIA, RANCHO AND DEVELEOPMENTE AS CITY AS N)C RECOADCD AUOUSTC 17. 903 83- 189766. Intent to Anrez Tract Noa. 12184, 1223 ", 12231 -1, end 12237-2 2. It •3 83 1. to Street Lighting Maintenance Districts No. I and City Council adopt tahO resolutions ing approving recommendod that ' io Report and letting the Engineer's Car February 1, 1984. RESOLUTION NO. 83 -226 d4 A RESOLUTION OF THL' CITY COUNCI', 0? 171E CITY OF OF PRELIMINARY FANCHO CUCAMONGA, CA1.IP0FNIA ANNEXATION pppOVAL 1)F I MAINTE11" C DISTRICT 0 TAEET L1Gd7INC RESOLUTION IIC. 8; -2:7 95 Y}J�� A RFSOLUTION OF TUE CITY COUN:.L 0, THE CITY OF U ITS NCIJTflo STREET RANCCO ONOGl1DvA CM1y.�2F0AI +: E :tp j INTP.NTIONCUC� City Council Agenda _3_ January 4, 1984 LIGHTING HAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRIr' DESIGNATING SAID ANNFXATION AS ANNEXATION NO. 1 TO STREET LIGHTING HAINTENANCE DISTRICT VO. 1; PVIISUAHT TO THE LLUDSCAPINO AND LIGHTING ACT CF 19T2 AND OFFERING A TIME fqD PLACE FOR HEARING OBJECTICNS THERETO RESOLUTION NJ. 83- 220 97 A RESOLUTION Of TILE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY NO,I APPROVAL E r O STREET LI3HTING NS HAIEHANCE DISTRICT NO. 2 RESOLUTION NO. 83- 229 104 RANCHOL�CUCI.MONGA THE CALIFORNIA IL CITY OF DECLAIIN7 ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AND ASSESSMENT DISTRICT: DESIGNATING SAID INNEXAT%OY AS DIST ?ICS NO O2; 1 PURSUANT E TO LTHL TLANDSMCAI ING AND LIGHTING ACT OF 1912 AND OFFERING A TIME AND PLACE FOR HEA.,INO OBJECTIONS THERETO J, Set public hearing - J nuar (;"f 1584- fruEnvironcha ;O Assessment and ;onu Chang e of zone from Medium Density Residential (P -14 ou /no) to Low Radium Residential (4 -8 du/ac) for It to'.r.l developmrnt sub - divialon or 16.5 acres into 1.3 Iota, com)ei,,JnS 122 zero lot !inn units bet eun t located Turner and Cantor Avnnutt - A?N 09 091- ip Highway, a ? Arrow g, Sot public heat ing - January 18 19)4 - Environmental WasamOnt and D t Cfldc tme An amendment to the Rancho CicamOn?n De el eo Cod t. Tit..e 1f the Municipal Code, imendial Section 11 08.010 -0 ant 17.0t.040 -C to require a Conditional Use Porm:t ror sllgle family data .-ted dwellings less than 9UO sq. ft. 1. Set public hearit; - January '8, 19[1 . Envtro..men'!1 A-.eesement and Siln Crd•.nanae Am(nlmont. in amends-.n= to Title 14 of the 3aneb0 Cuc $1 �9es Municipal lode, matlauu 14.30 110 cf Chapter 1L.20 , fast LO LOlu het8ht notato PrOJ-tcr ecovnd Lher building Cron 20 loorllne' m. Set public hearltg date 0' Jan,aty 13 984, 'O tte e!� Cor tfiaatiou of Environmental Lepnet Ruitrt fcr A tt Lass i ) Drs nage Sya:em Construction Protect. L,•nL�rrtrwn�rr(r1�71r�Y�1' "71�1i�1,'�1�11.�F1��N111��.�� City Counoll Agenda -H- 4. ADYErrrSFD PUBLIC EWPI.NGS A. MVIRCINDITAL ASSKRSM8R ANU GMENAL MAN AMJW*M 83-041+ 10 20716 CILumi; 83 -01 - STCIl7Jf1E I1fPd'4TfPl:3. An trmondment t+t+ the General Plan Land Uat KAp to anakg% tare northeast corner of Arohlbald and Bane Line frcm rn O 'flee designation to a Neighborhood Comircial denigration and to change the zone front AP (Administrative Proresalou U to TIC (No1g1•borhood Commrcial) - APN 202 - 131 -27 SttfY rerv)rt by P.SCP Games, City Planner. January 4, 1984 ORDINANCE NO 215 (3eac' "1 read ng) 106 AN ORDINANCE OF IHE ( M )f' RAMC 10 CUMOUGB, CALIFORNIA, PECCHMIIDINJ REZCI•NO ASSISSO'1'S PARCEL NLnIDES 2)2- 181 -21 FFOM. AP (ADHINISTRATIYY. PROFESSION)..) TO NC (NI.IOGP)PIOOD CADtcRCIAL) FOR 5.44 ACR&; OF LAND, JENIRA.LY LCCAT3D CH THE NORTHEAST :ORSEP. 0? BAS" Us AND ARC-IIDII.) B. ORDERING ANNEXATION NO. I6 MR TIACTS 120;'7 -1 AND f7j1 TC 107 LEIDSCAPE M.AIAIfE —i.,W6 1)L4rR7IN.J. N 1. 108 BESOLUTICi N0. PB -230 .1 RESOLUTCO,I OF THE I"Y C(IrNCIL uF THE CITY OF RARCHO CUCRMONGA. CAL YOHNIA ORDERM THE WORE IN CONNECTION WITH AMEMIOP '10. to TO L%N')SCAIE NAINTENAIM DISTRICT U. I AND ACCISTING TIE FINAL ENGINEER'S REPORT FOR TFACT NOS. 120.7 -I AN) 12,01. 0OX- AD7811f 1219 r•UBI.IL PI(A IING 1. l'PI ;IL OF P..ANXING COMA 355 -1011 DIZZ3I0N_ - ZONING O1:I I JICg Ur.TEIQfINATIQII - LLTA UIIIA MM STORE. An npeaL ,t the P a—nlrgCnCnnieaion's (Mia m rugarding a reaurat \tc .�` determine if a feed nto' .ac_lity it apir•oprl+tn for thr Y{. Y D.mrlot of Etiwanda. Staf report Iy R1o: GCmaz, i1. P- arner. Ric maendaticn: The flrnn!ng Cozml•Ision rmom"ma teat the Cit Counail uptald thr1, 1+r.L Ion. 6. CT _MAIIIJ0 HIS RIPORTS A I Oa•fdNA RCSR:I4E IMM,! 10111. Tic Sar Same dino oounl y LAF !'I Z.-;W ng input from C•rQrn.l, Ontario, and Ral he Cnoam mpa 4 :elrrd!vg tte feturt 1VL01]➢ of the Ea ear S.unl Prese ^vi1) . ✓ tr.ff report by lick J exs, Clty Pltnnor. .,4.0 7m:•dati ins F rar• ••emmrlerdaticr to Han 3e•nardlco Co mt y I.APC. 125 R SEi City Cot roll AVI da January 4, 1984 B. WID E. l .L ILYSi I al MTOA —QJ 140 107E Air?M. The City 126 Co uroil 015 airs ttdd r.a f to •rep ern a rpo— otal land use study designed I, dotvrr•ine opt: al Inaurtr al and /or imsidertlel lrnd uref. within -.he plan ini area bwnded by Arrov Routn, 8.ker Avery -ue, Bt A ee :Nd the County Flood Cottrol oirridrr staff r,po •t by lick Gomez, My >lennor. 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Dw.J'�](Q�1 ._. 4�:ba� rCAl �� L NMtISI d AMJUMIO .w.. I.•wa to.+rn N" —� —�_ PyV I7YLLfD �IC! 1�%•YION7A. SQL 1 6 utY7Yta I .y� litditt� —m S• TSISI a tWILCtIW.'sl tCi ryM O 7,� MKITUAL rte.-.. r:..:� r. ..: .'..'s:....... y.•r� ...� N+. �. cr 1. AMKArIT Flii'QfldflA.P1'0l Lfquv F:0/0Ar n'R[•8680' s4m.111 j�lw —��. l.yr ......................... ..............................• _ 4 TAr. N --- r. i «.e« .r w...✓A.rw..w 7w.. —Ai .o�..��. APPLYATION IT T71AN7max ISSOTS d CALl"I IA 4..ry rl ..................... ......... .D.r........... ................ Cry W L� C.d. Crww _109LOO CV56dCBl�._T17i0 SaO Rare fOtAl 7 e4i � T•�SyT— ..I.MOIw _ ' AHN ArW iN .+1'IW Linl pa Drprr+rinll ur Owl/ ATwo," Cl t.rwA.l.w1. p Pird..rAwr. 4 p _--- _..___cnr•owAAel�_._laitlLl.$�- C34rwA Ir w.._.. hll. r......__._ ..... .........CAr............_._Aa.N N. ....._. . . Ibn l.r.•n .rr• In••arl al . IN«TT 10 wn. r.. r•r «4r.t .ry N A.. 1w.ww.. N Mr AIrI W 4•wsr. CAmN Aw ✓ rra.bbw N M M.anvw .r. NO 1« w n w. Aril YO I I lly .. its �. •.a...r.. r r 10 « « awurA.ru .I.a. Jn4 W iN.fC rw N 11.1 .M4n«. Ir AW1 ax warn i.• r4w unT carry ...NrM N .. r.l. M1:.•r.G I•w.+ -x1 N.. .0 M wMMww.r .1 • 4..r«..w! 16I 1a C.'n M. Ir STATE d Cu•roerA C«., N «I AO.. : 3•[ lil iS W.. .......... .... ....... rte.-.. r:..:� r. ..: .'..'s:....... y.•r� ...� N+. �. 1. AMKArIT Flii'QfldflA.P1'0l Lfquv F:0/0Ar n'R[•8680' s4m.111 j�lw —��. l.yr ......................... ..............................• ...... -- - -./ ... .... ...._..... ...............I ...... ........ ...... ro•���s�. —Ai .o�..��. APPLYATION IT T71AN7max ISSOTS d CALl"I IA 4..ry rl ..................... ......... .D.r........... ................ .++.��.. y... ..•. r...•.. •... .. .car. ..... ...r......w.... .. 1{ .NwMrl N Ur�•Mr� 1: r•r.lrl N 4wr.Nr1 14 lN.n. N4Mu � T•�SyT— ..I.MOIw _ ' AHN ArW iN .+1'IW Linl pa Drprr+rinll ur Owl/ ATwo," Cl t.rwA.l.w1. p Pird..rAwr. 4 p _--- _..___cnr•owAAel�_._laitlLl.$�- C34rwA Ir w.._.. hll. r......__._ ..... .........CAr............_._Aa.N N. ....._. . a Attornay. for 5Ij BLAINE L 81� 7 811 B i CITY I OK Ho'c om� AOMIM)GTP,ATIOtl , Ism claimant, DECOR' Flo MADMAN CONSTRUCTION CO �11A1 CLAIM AGAINST A GOVERNMENTAL ENTITY 1Ui BLAINE L WADMAN CONSTRUCTION ) CLAIM NO. I 11 Claimant ) CLAIM FOR INDEMNITY COMPARATIVE INDEMNITY AND 12. vs ) CONTRIBUTION CITY OF RANCHO CUCAMONGA, ALTA ) 10 L014A SCHOOL DISTRICT, COUNTY OF ) (Section 910 the 14 SAN BERNARDINO Government Code) ) 15 Defendants j 16 TO THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA: 17 YOU ARE HEREBY NOTIFIED THAT BLAINE L WADMAN CONSTRUCTION CD., 18 whose a:,dress As 14081 YORBA ST , SUITE 237, TUSTIN, CA, 92680, is 19 making a claim for indamnity from the CITY OF RANCHO CUCAMONGA, 20 ALTA LOUR SCHOOL DISTRICT, COUNTY OF SAN BERNARDINO in the amount 21 of $1,500,000.00 or whatever )Uagement may lie awarded to DEBRA 22 ITHOMPSON SANCHEZ, DANIEL SANCHEZ, AND RUTH SANCHEZ in their 231 lawsuit against BLAINE L. nADMAN CONSTRUCTION COMPANY, Sa, 1 24., Bernardino County Superior Court Case No OCV 31805 25; This claim Is timely made within she accrual of .Me cause of 26 action under Govecnrent Code, Section 701 Defendant, BLAINE L i 27 WADMAN CONSTRUCTION COMPANY was served with SUmmonr, and Complaint �) 28j1on September 10, 1983, which makes this claim within the 100 day period of limitations G[VVaAU.LVH & RZED 1 II . rAarx,pm lxmvmxo I rwnaaroxAl cotaolunoxa 2 I Arr0X"Yd .T L4W I� lase LAST MURTE STRZET 3 aAl+ A ". CALIrOR 02101 12=MOxs 114 / aa3�3 a Attornay. for 5Ij BLAINE L 81� 7 811 B i CITY I OK Ho'c om� AOMIM)GTP,ATIOtl , Ism claimant, DECOR' Flo MADMAN CONSTRUCTION CO �11A1 CLAIM AGAINST A GOVERNMENTAL ENTITY 1Ui BLAINE L WADMAN CONSTRUCTION ) CLAIM NO. I 11 Claimant ) CLAIM FOR INDEMNITY COMPARATIVE INDEMNITY AND 12. vs ) CONTRIBUTION CITY OF RANCHO CUCAMONGA, ALTA ) 10 L014A SCHOOL DISTRICT, COUNTY OF ) (Section 910 the 14 SAN BERNARDINO Government Code) ) 15 Defendants j 16 TO THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA: 17 YOU ARE HEREBY NOTIFIED THAT BLAINE L WADMAN CONSTRUCTION CD., 18 whose a:,dress As 14081 YORBA ST , SUITE 237, TUSTIN, CA, 92680, is 19 making a claim for indamnity from the CITY OF RANCHO CUCAMONGA, 20 ALTA LOUR SCHOOL DISTRICT, COUNTY OF SAN BERNARDINO in the amount 21 of $1,500,000.00 or whatever )Uagement may lie awarded to DEBRA 22 ITHOMPSON SANCHEZ, DANIEL SANCHEZ, AND RUTH SANCHEZ in their 231 lawsuit against BLAINE L. nADMAN CONSTRUCTION COMPANY, Sa, 1 24., Bernardino County Superior Court Case No OCV 31805 25; This claim Is timely made within she accrual of .Me cause of 26 action under Govecnrent Code, Section 701 Defendant, BLAINE L i 27 WADMAN CONSTRUCTION COMPANY was served with SUmmonr, and Complaint �) 28j1on September 10, 1983, which makes this claim within the 100 day period of limitations This claim is based on Defendant's right of eguitible 2 indemnity againet the above named gover. mental entititlea for personal injuries allegedly sustained by DEBRA THOMPSOI; !;ANcHEZ, 4 DANIEL SANCHEZ AND RUTH SANCHEZ on or about June 19, 1983, at j 1 e.pproximately 9:30 P M., when as they stated in their Cimplaint, GI they were passengers in a motor vehicle traveling southbound 1I on Hermosa Avenue, at or near the intersection of Wilson Avenue 8 in the City of Rancho Cucamonga, when the vehicle hit a portion 91 of the roadway surface which was covered with dirt and debris on id the west side of the street causing the vehicle to go cut of 11 control 12 BLAINE L. WADMAN CONSTRUCTION COMPANY has boon sued by 13' DL.c1 THOMPSON SANCHIZ, DANIEL SANCHEZ AND RUTH SANCHEZ and in 1'1 hereay seeking indemi ity Prom the CITY OF RANCHO CUCAMONGA, ALTA 1'1 OMA SCHOOL DISTRICT COUNTY OF SAN BERNARDINO for a sum which 11' t may be adjudged to pay i sad upon Plaintiff's claims of 1' .nlu:y 19 All notices os other communications with regard to this 19 Claim should be sent. to Claimant in care of ,unsaulus and Reed, 20 1533 C. Fourth Street, Santa Ana, CA 92701 21 I- A.TED: December 9, 1983 12I 23 GLORIA R WINS(,'OTT Attorney for Claimant, 9LAINE L 24 WADMAN CONSTRUCTION COMPANY 23 `16' Y �;1� 28 I NAME AND ADDIIEU Y l0 Tcuclim "k0 THOMPSON a COLEGATE (SCG) (715) 682 -5550 3737 Main Street, Suite 600, P.O. Box 1299 Riverside, CA 92502 mIM lWe a can rRe41""' a VN iMI a A, AJPull 0T1- I" anti] A00rn. STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO Nest District Suoerior r-•.rt 1540 N Mounttln rL WTIyy ANTHONY LOUIS MARTINEZ ew Can vise ony �.c arna -tOmol alnanL STEVEN DUE BROCKMAN paravDANT )CfO4- a en an a: STEVEN DALE BROCKMAN, of al. )STATE OF CALIFORNIA, DEPARTMENT OF )TRANSPORTATION, et al. NOTICE AND ACKNOWLEDGMENT OF RECEIPT C. "vwe.r OCV 30186 TO CITY OF RANCHO CUGAMONGA Ir•sn cane Or S,amOuai ewp rovsa This summons and other documenl(s) Indicated be Ow ero being served pursuant to Section 415 30 of the CALtornla Coda of Civil Procedure Your failure to complele this farm and return it to me within 20 days may subject you (or the party on whON behalf you are Doing Served) to liability for the payment of any SAPOnNe Incurred In serving a Simmons on you in any Other manner permlR00 by law If you are being served on behalf of a corporation unincorporated sesoaetlon (Incvmng a pannrlrahlp). ur other entity this form must Oe signed by you in the name of such ontily or by a person aathonaad to recove service of Process on behalf of such entity In all Omer cases this form must Oe signed by you personally or by a parson authorued by you to acknowledge recaps of Summons Section 41530 provides that th2 Sammons and other dot ument(e) are deemed Samoa on the date you Sign the Acknowledgment of Receipt below d you return a form to me Dated December 15, 1903 Darcy S TS gnnms or Arras] ACKNOWLEDGMENT OF RECEIPT` This ackn ti owledges re0apt of (TO be completed by sender before mang) I r^ A copy of the Summons and of the complaint 2 A copy of the summons and of the Petition (Marriage) and v Blank Confidential COanseting Slatem ent (Mernoge) '— Order to Show Cause (Marriage) n Blank Responsive Declaration C Blank Financial Declaration (Omer rSPeUfy) Summons 01,9 Cross - Complaint for Indemnity. (re a asinrrM ey red0"w.l Date of receipt �� /Y- �; �AC� -Fi ri /l/r 1(Ji_ • +!q ^•�• a canon salro.ipprr rs[,w . �7 error e.pnsntnmlos an aenAarro+w. Dal• this form is signed CP ,•�� "Y`}� CITY OF RANCHO CUCAMONGA I*Twa Sintyaw1 sna rowsa•nry awry On ,roll eMlp IM. iyn, n.gMa) er�AMMeler ae.0 x A na NOTICE AND ACKNOWLEDGMENT OF RECEIPT uer..rG,S y $10 C T 1041 :93 )1/, yus w .- h e.. uu :N 0 U, J December 15, 1983 Tuo„FsoN & COLFGATE ATTORNATIS AT LAW •yry HIV��y r.c V,C rl,q rw u�x Llr v �. to [[q runt too r o for �1 et NITCNAIUC CAL1TOMNIA ibOY City of Rancho Cucamonga City Clark's office P.O. Box 807 Rancho Cucamonga, CA 91720 Attention: Ms. Beverly Authelet Deputy City Clerk Re: MARTINEZ Va. BROCKMAN, et al Court Case NO: OCV 30186 Our File: 837530 Dear Ms. Autholet: 4 we .e ui J.E. Holman, III CITY OF RANCHO CU ARONGA AOMINISTRHTION AN DEC 19 N3 ?t%9AUs2#lj%slgA9 ?ursuant to our conversation this date, you informed me you were authorized to accept service of process on the behalf of the City of Rancho Cucamonga. Thereforn, I have enclosed a copy of the Summons and Cross - Complaint for Indemnity filed against the City of Rancho Cucamonga regarding the above - captionod matter, Also, enclosed is a Notice and Acknowledg- ment of Receipt regarding the cross - complaint for your attention. :lease sign, date and return the Notice in the envelope provided within the twenty days specified. Thank you for your attention to the foregoing. Very truly yours, Darcy S. TT3'mm� Secretary /-to STEVEN C. GEETING THOMPSON 3 COLLIGATE SCG:dt enclosures -- 8 NAVE AND A ::q IS$ W ATTORNEY TEIERaONE •O FOR COURT use 0", THOMPSON 6 COLEGATE (SCG) (714) 682 -5550 3737 Main Street, Ste. 600, P.O. Box 1:99 Riverside, CA 92507 = CC, 4:6 101%•sroc s' :- cr par•ne•sh or _ CCp 416 90 (mam" l) ATTCANEY10Rln4 ^•1 STEVEN CALL BROCKMAN -K o'ne, a municipal corporation ;elsc -3 de e,1 on (04'e) (� I1\411 rY^e or (owl pq <ma qu- J•o•we" e(n aro ron OMCIaM :_(a tea rn STATE OF CALIFORNIA, COUNT OF SAN BERNARDINO ttest District • 1 • 'J I• 'I' 1 , 1 •♦ \ � (• I+r ^ -C•1 \CII- 1•II..f] 1•I -:11.1 •::I 4rj •• f . fnL CC^ .•. \I ('f(It �ra11 1540 N Moun'sin , t ., If Ir1.InllV enarm srmnl Ontario, CA 91762 IUibf if )Cross-Complainant: ANTHONY LOUIS MARTINEZ )STEVEN DALE BROMKI N oerahoA%, )Cross-Defendants: STEVEN DALE BROCKMAN, at a; !STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION) COUNTY OF SAN �LERNA?_iNO; CITY OF RANCHO CUCAMONGA; )ANO DOES 20 throuSn 30, inclusive l SUMMONS TO CROSS- C014 °LAINT _ c4EE07VE 30180 . __ ..... _....._._ ..._ ......... -, ,,.,.,.,, „•.,..r, u-1— — a,l+v uu--lnwqu. c1 uiounat putoe A ;a,n\lyouw,thoulyhu Demo heard urJess you resrond decldir cents Ud sln ouole,lela a means quo Ud. re. nAh,n 33 days Read the i ,lotmalion below IoorU den•ro de JO d as Lea to Informaoldn qua dgue. . In ': \\a• -e a. :e cI ah a orne, .n Ines ..sle:.useA so•'c••ar ei cohse,f Ce un a0ogado an -d e• s- ' T'v,0✓ en o ;ry *110 as"0 CECer9 nacent• ,: mpdNlgmenle de rite 'es. -Je 3., -a1 Ze to S. oma "&"a • •esp.esla ascl to S, n5J"il -," Pue c or rag s ,aCa , Le Too - - :c6'•: • T 4 c cerhG4ml has oeen bled DI 'he J •n; I s ;a 11I y0, It Is. r. a- In World 1114 lawsud .a,s a' e• • - s 1. ^r, C ,S 410 neC nn Jou 1 e n +^ 1n s C:.d u n I•en res o on a0 10 lne Co m DIM n r11 - 1- ' ,. .. d pe lhte -ed eh AP;' -Ca Lr •b p A I" a . In 1 Cowl mar, elief a,,cgment - , V :ITahceo h Ira cc-C-a nl hr - c0 . res.•, r ,a h S -mint OI ••a ;as Iaeng of mono? N •a a "CUtP1IEC •n Ine cCmOl&nt = " DEC 12 1993 Cork By -- Depu ) 2 I.O =CE TO ice: oERSOV SERVED You a•e sa••ed S As 'he :e•soh sueC unCer Ira CI I.o Ls rym4 of c X -Or OUnailol City of (rancho Cucamenga I rCO. _ CCP 416 +0 (Cc,porat:h) __ CCV 415 60 (M,no,) = CCP 4 6 20 (--eluncl Cc•p0•a•.Oh) - CCP 41C 70 (Incem;,tent) = CC, 4:6 101%•sroc s' :- cr par•ne•sh or _ CCp 416 90 (mam" l) -K o'ne, a municipal corporation ;elsc -3 de e,1 on (04'e) (� I q 11 r1 • 1 • 'J I• 'I' 1 , 1 •♦ \ � (• I+r ^ -C•1 \CII- 1•II..f] 1•I -:11.1 •::I 4rj •• f . fnL CC^ .•. \I ('f(It �ra11 •• a :•I C'fll (11':1•'1.41 ••4• J•1 Ifa1• , t ., If Ir1.InllV enarm srmnl - SUM,rrl 0NS r:R.•: :.•1 >a IJ •, -,_ Iri I THOMI]SON & C' ;)M347•E ORIGINAL•N T . ... sL (..+e..e. oiK•: 4 AltomglLc Deeondar :fCro= ;- Defendaur. /C[pss- Wt;)i ul:) il.) 5i Conylrtirant, ETVIEV DALE DR)CSMAV. COUNTY CLERK 61 8I81 IN THE SO ?f: +TOR :OC'2T OF ,Hi SraTE O)' CALIFORNIA ... ,ND F)R THE COWITY Cr SA, BER:IARDI90 IC I ANTHONY LOUIS K.RTr N1:2, ) Z i i G]SE NO. OCV 30385 131 FlAntiff, ) 14 ) CROSS- CO'3LAINT rOR INDEMNITY. vs - I S ) STEVEN DA -F : 7, et al ) 16 17 Def,)ndar is r ) IS ) CCU :.Y Or' S 1: 3OI1:0, ) `0I o s-(omclainant, ) V; 1 _ Cro�S- Dcfendan`s ) '' Cross- COrolalaant, ) .S ) ,9 vs ) Cni.It Win:.: \, ) ._ Y C= ?-a.C.'.0 C _.::rte a:.3 ) 20 •; i inclusive, Crc ,s- !le:endan:s ) -,_ Iri i I THOMPSCN & COLEGATE .moo. +ni 2 am..•. w,ln fw[eeo P 40,1209 3 ,n [[CUwHr,. fi Wa moeu aaaa 4 Attorney for Defendant /Cross- Defendant /Cross- 5 Complainant, ST VEN DALE BROCKF•AN. 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN BERNARDINO 10 11 A14THONY LOUIS MARTINEZ, ) 12 ) 17 Plaintiff, ) 141 vs ) IS STEVEN DALE BROCi:IAN, at al., ) I7I Defendants ) .,..:.TY OF S :3 2 E 4A::DINO, ) 19 ) •u Cress-Cm•plainant, ) I ST :. =.. :,_ SRCC;11: "' et al y _jI Cfcss- Defendant;. ) :< S'. "E:C =i. -„ SROCKFS4N, ) Cross- Conplain an:, ) :0 S:'A:= 07 CALIFOR.V:A, ) :1 Dc: nn •_. \T C: 1 = .�5 ?('..''I.: nT_T0:•i ) ._ Cr-y Cr HLI::C.'.0 C::C."::O::GA; and ) :• 3S 20 thrc,:;h 10, inclusive, ) Cress-:�e`_cndanCB ) a CASE NO OCV! 30186 CROSS- CO!lPLAINT FOR INDEMNITY. -1- 11 • 0 I CO!t:o ::014 the cross - complainant, STEVEN DALE BAOCNI", and for I and each of them, alleges 2' cause of action against cross - defendants, 3 as follcws. ac iti a :s, whether individual, eorporato, 4 1. The trua names or cap 2p through 30, 5 associate. or otherwise, of cross - defendants, �- "therefore sues said 6 inclusive, are unanown to cross- co,plaindnt, w o 7 cr- 7s�- cefendants by such fictitious mimes that Cross_complai�ant S infc .tad and believes and .hereon a1 'tges;oeligent re:soonsible 9 defendants desiarated herein as a DOE peni.gs in connection with the 10 iR sore manner for the ev,-nts and hap - 11 i :c idnnt herein referred to asdhereiuc caused and leave of court 12 danages proximately thereby pleading to stow their true names and 13 will be as:ced to ar.,end this 14 caoa:ities when the same have been ascertained. IS 2 :.t 111 tir..es herein nentioned, each of the cross-defendants osadefondnnts, 16 was the agent and erployee of each cf scope of such acting within the oov se and �e 17 anq wLS at all Liras U. la actncy and e- ploynent 3 Cress- corplair ant, S-'•; ° =27 C1 L2 B'0 -`�: •+'.V, was and now its 19 cf .Os Ar.c ales State Of 2p� An individual residing in the Cou t'f 9 -t•�La int herein, a 2tl Cali`_ornia the f.'ing :f tiis cross -cO... .,2 'at ?rior to ' j c ANTHO17Y LOUIS f tv p'- a_ntif_, cc- -dint ',as beer, previously filed i- which said 23 ti-iRt and others, ,.:ainst thls crOSS-COr::l 24I -: 1.• -Z• and da. aces sLstai••ed in an 25, ^___..t -« seeYs dances for = r :�riL:, c�;terjer 25, 1932, in ob i'e accident allegedly Occ�rr>.ro cn :6 a• t..- - co, Of :aid co'; ?faint is attached :1 t -e County cf San Bernardino y ..e`erence as i-1 -bit "a "- _ rereto a'Id _ncorporated he_�in �y t'tis - �. Tha- if olainti`_` was, -n fact, _n;_r• :d and dynaces as he 29i - eci`.ically denied 30, L--aces, wh -ch aliecat1Ons are genera- iy .d s 3,1 CC JrOSS- CO'pidinLnt, then said in�•..Iies and - 4emages were solely s csna-tzally causes by the neclicance ,ind carelessness of ,sue and there`- -ore, cross- cOmplai•;ant - -� -e ^aunts, and each o- t defendan.s- cre;s -de= ice:crt of cross - -=_ad to have the cuaatu.; o`- -ec1 -s e'titl then, detO :- ned by this cc u:: add eac` c= i6, /// 1.1, -1- ?5 .6!// / I 6 ':hat in the event cross- complainant is found liable to the ANTHONY LOUIS bARTINEZ, and judVent is entered accord- 1 2 claintif.f, 3 irg11, cress••ccmplainant is entitled to contributicn and /or ir;dem*y i frorlcress- •iefendants, and each of them, in any amount which cross - 5 complainant pay3 or is obligated to piy to plaintiff in excess, of 6 that propocLion of thcr judgment which cross complainant's coneuet, 7 making h.'n !object to liability, is £cund to have contributed to 8 plaintiff's injuries and damages 9 7 The': on or about October 21, 1983, :Toss - complainant nerved 10 ,:)`ice. of claim on the STATE OF CALIFORNIA, DEPARTFENT OF 11 TRA1•SPOITATION thxcugh the Board of Contro', the COUNTY OF SAI4 12 BERNARD!%* and the CITY OF RANCHO CUCkkIONG.., pursuant to the 13 Califo-nLa Government Code, Section 910. , copy of the claim is 14 3t:actad hereto and incorporated herein by thin reference as Exhibit 15 "3 ". As of Dece:ber 5, 1993, tho Boar! of Control for the STATE OF 16 CALIF:Rn IA, D= PAR ::BENT OF TRANSTCRTAT N, )r the CITY OF RANCHO 17'- CCA:ICYGA has acted on that clam, and it is, therefore, rejected as u• 1S ratter of law, allowing cross - complainant, STEVEN DALE DROC:I:Y,AN, e: I;; file 'pis cress- co- ?laint after forty -_five (A 5) days, which wou09 �. I9� -o L" j0 are o= tarred on Deceroer 5, 1983. The CCUNTY OF SAN BERNARDINO re- p` r :' lectec sa;d clan )n : :0•'erber 26, 1983 copy of that rejection __,.s .ncer:orated icrein by this reference s Exhibit } I,ress- H?R 70RE, cross- zo-.plainant herein •rays for 5udgment against defendants, and each of then, as follcws: '51 1 For a do- er-ir.ition of the gaant_- of negligence attributable 261:0 cross- de`endar.ts, and each of them; 271 2 For ince-.nity and /or contribution against cross - defendants, -8-and each of then, in the event any amcunts are recoverable from .9 .:ress -co- ?lain ant which are In excess of the proportion of -: ondvct :al - ak,nn cross- con?lalnant subject to `.`_ability at'rib•4tabla to the ccs:s of s, i*t Incurred herein; and ?5 .6!// / 1 4. For such other an9 further relief as the court deeiAs just 2 and proper J DATED: December 7, 1983 7feY COLEO a 6 C. GEETING !z 6 Attorneys for cross- Corpla: 7 STEVEN DALE BROCKMAN. 8 9 10 1 12 13 14 IS 16 2, 17 o'. �: IS 19 5 20 o` 21 22 23 '61 _6 79 30 31' 33 -36. Iq -4 EXHIBIT "A" r•:,a'.s.c.r,.,r,..,•.ovr aronrtr(•w.t ...a �o"assl rzEtn..r.t son coons use acr :RON L BECK (213) 907 -8333 / (213) 872 -3001 A Professior.rl Corporation 16530 Ventura Blvd., 6th Floor Encino, Californ }a 91436 .r..nty r:n (ra,ry plaintiff - �m. efts.,.,,. K,. le,s lnctW a. n< naaJZ ..n,.enea�dn,E..renr.t.�,.. ORIGINAL FILED SLPERIOR COURT OF CYLIFORNIA COUNTY OF SM 5ERNA.RDIND (Went District) MAR 08 1983 1540 N Mcuntain Ontario, CA 91762 vVtJl wlalra.l iLT1 %TIFF COUNTY CLERK i ANTHONY LOUIS MARTINEZ STEVEN DA!,E BROCI -MAN; XMTY OF ! d BEPNARDINO; and =D0.=S1 -O L0D +nclusi Ve COMPLAINT— Personal Injury, Property Damage, Wrongful Death e.se vuuten XZ UOTOA VEHICLE )=oTHE4(tP.Ury):Prenises Liability Qli7 3018E CproY.T 0".;@ p W',1".I D.a1nL General Negligent }'S' -oe-s anal Inlvry =o *"D.m. pee(tP.Bhr); I s .n:I„c r; e.•ac•r -erD anJ a ^,,•s co -s.s:s o':'re IaIIa•+ nG nunonr of P,9es: _sJ2L 2 a Ea:n:n -' -ry ^CC ab2rt4tcor _ E,cer : 1 -, 1e) a CC,::•a'Cn :.E .t e: 10 Ct bus,nets m C.1'Om,a a ;.a,: c• corser.aq• of t "fe es•a'! e• a ;.a•:•a •, ad L.em nns betn appointed r' C•-e'espec,,") '-e, (peC`rJ t:ept :In1 "` (name) -' a :o': ora••:n :JS "'•e: '. __ ays -ess .r Ca+•tarmt '-' an u +.-.o •. c•t•ec en' •y t.e r:noaJ _ a a.b C e ... y fC1s :n-0) �t �•na1 C d9 it-J4 _ a G,.a •: t- u:ans!�a•c• e' :n....... Of It y,.udu^ e: stem Las :ean appointed : ^e• fcatu� +) C e' s .] +, boa •ql un:Y P!' c' :•06 r,t -.e CI (Spl:rlY) a•c -as :: -G ec .. ar : -t n:u:,:.t evs,nm rr-,e 4�s c r'p -avo •, a::.' A t-0-2- 11-Is w10 a'e not C-p!Itnt a0J -s n : a.vr in Cemptamt- rn'en:2: (Cent.nued) Ls eA- .K .•c.. rn�•pl elvr_•3:- eI 'wl.. lo.,. _....,, n. Teotos 942 EXHIBIT ".l" -OFT TITLE. 0 Martinez V. Bro0=an cast COMPLAINT— Personal Injury, Property Oarri Wrongful Death a a. Each Cefendanl named above 4 a natural person CEt mn eeol dedant enamel• OUNTY OF S)ukl BEP- NARDINO Q a tuslr.ess e•sanlcal'on• form unknown M a corporation C:I an vmncorpora:ed entity fdUCnCe): CD Eseep: dtfendanl (name): Ma business OrganlZ.111co, (OUb unknown Q a corporation E) an unmco,eotafed a nbry (dnscnbs): xk a public cnlnv (dlscnoe) A Pola.tieal R tb- C a public ce:rty(des..fioel• tiv+sion of t!L- State of C3Lifc_ -rata C Omer (s:ec,P/) O'neI (Spn Cr(y): Q Eacept Cefendanl(name). I: a business a gar, :aIICn form unknown M a corporal an r] an un•nce'o:•a•ec entry (dtrc'�bg C) a : u :' : ee'•7 (dese „te) C o:•e (r:ec'r) `Eaecol deleneant(na,rvp (✓ a business ergank atron, form unknown a corpora von Q an unvsto'poaatco entity (desenbe): =4 puthc a n:ay (etescnb@) C m +e, ftP.C.y)• b --e "ve -ales a'. _l :aC9'<{ et Celen Ca+'+ sued a- )ces are u-keo.O,O olainw.. I* I C "b' -a' G' a :c.l tee •'o'YI Cr e+Canl' .no a f +OI ra•'.ral perycnss CCntalned in Complaint. 3:Ile'l It 'a'encr's. --- are Ol lie, C"'s.ant'o Coca C C ••I p ^cee, a se:• an -E2 are (+anal): I =1 ' a •' ` f 'ee+•,ee': cc -ply •'In a UL -s s:a:u•e and a te• : a r `as cenp Ad -'In a =1.ca. 'e c'a' ^s s'afules or b _ : a - ° .s eaeused nom ...... o.- s •e p•o.e' ccvn :ecause a tae t ct r:a -1 -c. res cc, .1 11, `n - _•'anal area ins:,• : :a+ :a.t:':.1 ress or aCpp<y:C +ory + ^:C•::ra e, am:C4t:n rein cs r hr4tnonal ilea ,g . -.ny •a :nscn er :a-a-,, to be 1t -al p,tpe "y CC:.r'ed -+ •'s escnc14n&1 area. °fr rs:ecdy) �!d' ,� `e •: :- :a•a,•rr' >:• +s c: -:a -are ale�e,c +•r•d•- a:o- a -d:er e•(satc,y urapnon numbers): �' �• -•, G: - -1) ?r_.. l; ?_sal -•2: ?re-t. L -i: ?re-n.L -4; and ? =C L -S fe.rbnued) ' Exhibit "A -2" !� t.ca. EX BIT ^An . anORT TITLE Martinez V. Brockman Cast -1 aeal: COMPLAINT— Personal Injury. Property Damogo, Wrongful Death (Contlnued) roll 7 Q The damages clawed for wrongful death and 11"a relal.or.snps of plamM to the deceaaad are Q baled In Complaint— Anachment 7 M as fellows 6 P4mb' has s,l leaed wage lost lost of use of propefy a'Xa hospital a 1 mr. -a! expenses Xn geceral damage �!:,=e y Carnage '. k'; Ices at etmm; capaufy o:ner damage (spaC•1)') Q Se'.11 f a • ; +I m I• s ccnp PL n w,lh.n the lunsd4l'o, of Ihq to.. 10 > L-%Ti'i PcaYS :; • n.dg •e +! 1a tts•s cI sv I rer wen •euet ax q 4 r ryst. a•d eGUnae�e u d for Ca –ages j ).W (S.Penw C..e) etcGang to p.00t (alan¢upsl and JvallG* Count) •n the amount of S - ._ •_ __ [� c'-er (sa*c 11) 11 -•* _ g asst c• at: Ca are 2o30et .-d :`e ra'e —x-•s Joel* apply to each (Fr67 Com;.Jamf r•ruil abe Cer C. •-cat civics o /achon anacncd) V C,C, ven.Ue .ILT'. Dx +e•a� heglq coca -- 11.te^I,enal Ton —" arcd _cu L,RDa-ty C.e� sat Lgo'my C'•*• fsp *c•Y) T:'.0:7 6 B_CK ?ro`essio:al Corporation :`.o -as ? Beck Bl: G IT.0 wa^••.vI I I .d .ai t.a.+.•Ia anv..*a - -1— C04PLSfF4T— Perxonsl l +,pry o.eoenY Dansaee SHORT TITHE• EXHIBIT "A'I Martinez v. Broc!man FIRST CAUSE Or ACTION• -Motor Vehlde It." four e,en-ee.t 0 ATTACHMENT TO y$;COMPtaint []Croat- CCmplamt (the • separate cause oracben form for each cause of action.) P1A,ntm(nart@)A.nthony Louis Martinez MV-1 %alnbu allraea Iha eels of oetandonti were negligent IM acts were the legal (preafmataJ car to of Injues and da.,rages to PtonIM: the acts occurred ° "(dat•1• Sevtember 25, 1982 al(Plecs) or near Etiwanda avenue 8 /10 mile north of 23rd Street, in the City of Rancho Cuca.-longa, County of San Bernardino, State of California. WV-2. OE: E1aDANTS a Yom',) IDe eerendante who Operated a motor vshlc:a Le (names); STrW N DALE BROC {GN, and �cwa 1 I °__50, inclusive � �.•�<Oalancar5 wn0 e'-:Iryh••eL✓reons who obrateda molcr rchiU In the esulne ar VltYr empioym M[t •� a•s frames) 3R:�C :.':N, and r -1 L -A `-Y.M 1_ Ic - 50, inclusive e a, Te ee -ndanb who C^ e.::he " Vor relbC:a wbch was cperaled wlea Ct*:r p+rm6ator1 Ira (natneaf; SiE1;Zi7 DALE BRDC*K LA-N, and 2r coca' .O 50. = nclusive d Z3 'e e,'e"c113 »-o NINS'W t-c m--or renK'e a,e (re. -.ar). STrvcN DALE BAOCri)i4N, and LtC.ee_ I to-- Q.- inclusive. e o"? T,e ce'en0an3 ..no were Inc sgan:. and enp.o}ee, of t•e c:net de'r- ldanta awd ACW. wT' In Me sac" of -we a;e-cy were (names) 5: ='. D;17-r- B ?3C'.C-i :1N' and Xi-71CCes!_•o °n - nclusive. t C '•e Ce'e ^earn .r•. are Iy° a u p H'n °a tar elver Fa'c't'rv. me naw,a For no beb•uty are ,� a•ed •• Arsc•rent MV -21 Dee 101$owf. �. -�- s E):HIBIT "A -4" 7cC-s s.a •In CAUSE OF ACTION -MNet Ve -Ncle "me: dry 1y ,s • - Ia SNORT TITLE: EXY.IBIT "A" Martinez V Brockman SECOND CAUSE OF ACTION— General Negl(gence pag„ Lira* (m t ATTACHMENT TO (I..Complalnt QCrosaLolnplalnt (Use a separem cause of Action form for 08th cause of acdon) GN•t alunutt(reme)?nt`lOny Louis Martinez allege that defendant (name)' STEVEN DALE BROMKM, and )Dori 1 to 50, inclusive was fne legal (p,osimale) cause of damages to plainutl BY the following a= or omizdons to act. defendant negeganly Caused the damage to plaintiff on (cafe) September 25, 1982 al(pioce) or near Etivanda Avenue 8/10 mile north of 23rd Street, in the City of Rancho Cucamonga, County of San Bernardino, State (desrnpl,or of naaons for aao,htl). Cali °o De :endants, and each of then, so carelessly and negligently awned, cperated, maintained, controlled and ent_ssted a certain 1530 Toyota truck, so ac to cause said truck to is properly negotiate certain dip in the roadway, and as a proxi:.ate result, plainzi_e°., a passenger i.: said vehic_e, was caused to :all :rc- the truck, sustaining the :n;_r_es and d=.ages as herein alleced. 0 ..� - l9 rxhibit "A-5" Cast HUUafe• SHORT TITLE EXHIBIT "A" Ma THI CAUSE OF ACTION -- Premises UabllitY ATTACmmEHTTO ncompuinl QCrossLomplaml (Use a "Palate nose ofacoon form for each Cause ofaction.) P,em L -t nren L•2 40 Prem'17 P.w-. L1 1 Pays 4 X Plamtnt(name) A.ithony Louis Martinez apeyef the acs of eetendantsiy92 the teyty a�ntitl was miurad on dim tn aytotio.viny plaintiff. pr m "IA" in ins f000wlny pn (ears) Sept. 25, certain ofpr0 Toyota truck, which was atravelling orthbeundronn a certain Avenue, 2oappr truck, Etiwanda AvenOfe rncho Cuca^.tor.Ya, County o£ilann Bernardino, dState J; the City owned by defendants COUNTY OF SAN califorria, public property BELy 7Ir0, and DOES 51 to 100, and etch of them. Said vehicle Suddenly and without sufficient warning was confronted with a di in said roadway. The vehicle in which plaintitsEa was negotiated this dip and as a result thereof, p la and to £all frcn the vehicle, inflicting serious, p einintiff disabling ir.7uries, as herein alleged. 10 0 •�L.'; -eunl 0,e He..ugence The dereneamf who ro ^,''gamy o "ned. mainsalned. manaye0 and operated rte eesvdeC :,e- ses were (rsnss): CC:. -N Y O? S�.N 3f a_::+ -�` T -:�0, and Coes 51 to 100, inclusive. Ce&JI Two -.Maf� Foa lg Lard orr "arm aq3 nstoa Car;eou$451 orda'ondefendant se. svuetu¢r'a oa aetl Iry ws s .r ma�.ucos'Y (rar•es) CO,__ S E V?-ti.TSO, a.-.d C? i4 3 es to 100. Inclusive Crs - P a.^ " a rec,et•c -if user was Liman lure : : +es: Ca PaYusy yues6 y COUnI Y�,ee— �anr,NeVa eomGwon of PFLIIC Pm PtnY Tne de'C.dante ",,e e"'ned pup %�C p •7¢ri Cn .' +. +a ea ^ie,ots co -C 4on :•wtee we•e (ra Tea) Y. „^Does =' ra •n+ <�_t _si:'e. a ;yTr¢ Ce't ^Ca +1 7_v c e-n�t had i •. ac'.al r- "can¢xLCrve nonce of tae eante'ea of the esnye,cus co +t nc +'^ : +n'C a ^t :.rte :, cr :o Cg m .++ry hste collected r . cleared aY e V IoYeei cl t ^e Cc 't^Cant puat.0 entry. Yer L S a `Allston aYUf p:+N DNe^Cnr'r ire Ce't•dar's w., were ("Ames). ns and emptoye.en of the C -N Cthn :a ^Y lnd bvm �''- r ¢ "07e GI °a asen:Y C Cr S^ a =?NARD -_!:0, and —_ -•a tt's- :a ^i ^ -a are' a- a •c :air•. ^s Ier :•-t •us -ro ar'd'we reasons for inert La Ddoy are a-ac ^'-t -r e•t— L 5 a LAM lonews (nmes)' $$ Exhibit "a-6" EXHIBIT "B" CLAIM AGAINST: 1) STATE OF CALIFORNIA 2) COUNTY OF SAN BERNARDINO 3) CITY OF RANCHO CUCJZU4ONGA NAM-7 OF CLAIMANT: STEVEN DPS,E cROCNFIR.V ADDRESS OF CLAIkNT: Steven Dale Brockman 18909 E. Y.onore Rowland Heights, California 91748 ADERESS O? CLAIMANT'S ATTOR.NrYS: Thompson s Colegate 3737 Frain Street, Suite Goo P O. Box 1299 ` Riverside, California 92502 NO .. -a:1 a• corres= ondence is to be addressed or delivered to the ebo':e- stated address of the claimant. All corresvundence is to be directed to clainant's attorneys, the law firM of Thong sot: a ColeSLte, ?ost Office Box 1299, 3737 fain Street, Suite 600, ..i:ers:de, California, 92 -02. = ;717 CF CC_C ? ? =•:C October 3, 1983 _CC -_= = t_:_n ?a Aven_e at a== rcxc -ateiv 8 /10 mile north of 'D 2l:d, St :aet ai or fear the c:.y limits of Rancho C• :Ca -cnca, w_,'�:n the County of can Bernardino, Stare c` California :_7 _rSCR:?T:C'! C? -7 C_A_!5 �_:7 D?:JGBS: fur - resentat_c. :s -ade cn t.e tasls cf the cnderlyinc ____ - :: - r:•: -v Le_zs °art rez :s S :rt•e� ^•1e =cee;caar.: County :d_no, al __lef _n t-e .e_--y�of S.n Bernard ±no -- -- sir_ct __._..: Cc- :t, case- -ur_er CCV 30166 • - - `r_}'_. .c _a4°__.t is as a result cf an LGt07cb"e accident :z:_rred c:' :_ Lco.t Serte-_er 25, _982, ::hack resulted in fer a :scna_ _r;:r_as ace_ -;t c_th t:.is defendant/ ---- t .__ec cnarc: 8, Thomas _ - -• - -__:e_ a: 45 S = ,:dsc- ..�e-_e, Pasadena, California, 91101, c- s+_ :vice -a__ed a s,' -:-cns and cc:- �la-nt to ds-t /c- a_ -a.: .: :roc % -ar :cetice and Acknow- r fc: s: -e as - - s_c-a- :=ere °_ere:, service - r_ effsc'- - - -:-- . -e ansxer `his a5 • _ _L__ ___c_ __ _ S`^ Bernard ....-=:Eta and _ctal Claim Against: 1, .State of California 2) County of San Bernardino 3) City of Rancho Cucamonga Clainant: Steven Dale Brockman Page 2 EXHIBIT "B" r indemnity, expressel and implied, and for declaratory relief as to the apportionment of damages between Steven Dale Brockman and these governmental entities on information and beliet, it is believed that the State of California, County of San Bernardino and the City of Rancho Cucamonga all have joint control and responsibility for the maintenance, design, construction and control over the said roadway at the place described herein. The basis of the claim at this tire is that the governmental - entities, who have control, have a legal obligation to p••event z dangerous condition of a public roadway, which is on the 3asis of failure to place the proper traffice warnings relative to a flange -ous and severe dip in the roadway, failure to properly constrict the roadway pursuant to design did plan, that the oriciral design and plans were negligently drafted and carried ctt all wit ti n the knowledge of the governmental entities, and ,tat t' -e `ailure to correct the dancerous condition resulted in da -ales to t "e plaintiff, Anthcny Lovis 1•:artinez. -- also a__eced there was a failura to ra_rtain t7:e roadway and to '' <sep is a state of repair so as to prevent a dangerous from arising Tie act.al na-es of the public enplo;ees, who desicned, constructed _r _r any -a-.-Sr were _ :volved In t'.e n__. ^ enance of said roadway, are _- • :nc :� to this defendant /c'al -snt att'r.£s t- -.ne. = -e a -c_ -t danaces cla_ -ad by - _ plai-ti" are speculative It -.s _ -_ =ne:e`_cre, on :tee b s_s of -.._s claim for indemnity _-d c :-__racer-+ re_ief, ro s:ec_f_- s-.:- Of�ncney demanded by --_.t _s %n-wn to tnis cla_ -an: at -_s "- The plailtiff _s c_al i _ p:ysir_al _ ;cries, -a :_-c cla_ -s for -edical and r:al ux=e -ses, less cf earr_ costs cf s•-_t and General ^.a- '_f ?s, !cr defe•:_a t /C :a_ -a -t will ash inde -amity as :C Ie zc -a_ cr apper:_cnad a-c_-t :y ._rt•:e of the plaintiff's CC- :_a: -t is sc_Cnt acalnst t�ls clal -ant ._ - - -° acc_a_: : the never- -er : =_ e-tit with the accid ent ent Ice-e, a cc_v o` tie :::ffic re =c:t is at:ac`:ed. Am:cr-evs for =afendant/ C11--ant, S=EVEN DP._: a� L1 - Exhibit "B -2" �• 'RAFFIC COLLISION REPORT k� l � »i-f.. O'• ..A rHf u.0 r... u.ro.r 'G..r•uJ CEO aP0 �� 14 ......,.. ........ .. . _.. ... .. .._. I....1 to.A 1 \:�A P'U t. I 1i25i82. ILCO ti 7 CItL? w,DtiL A F'•rl �T�•.�Cnl ...MI C onr.. i. ..... . L ........ zi _. 1 17 G'ioy- M.. m 1390 E t-a o nLOZr =. 9d5- ' I I�- -I1L.� .... �7..... —wi• ' I-il GAUP: 917U8 • y564- 7 .Alnl......... ................. ..N 7off.ci%k4...I. •I• �� ..../ �•� i.... C.1A.. ... . Wi. ooJiojcaJrrdc�l1�'i'C,93 cn -tUe d❑_,..0�..... 1 L.....�- ❑..... ❑. I• I11 II I No �Inln/.0.G_C I y.._ I........ ....... .. 1 I• n" - x:7ibit "B -3e - -- - -70 .,.. + [ .- r�•� ' v Tt> '� r_.t REE or ..D r.c +r er. [n•rr oa , I,TI •rs v�r�sas i [ . rsruawr ra yLel51 •.� cou.new r.cew -�� I• I I, eoauua •Irl• ••t ♦• —�•�� JI I ::.»i•.tiC I I I I >nV5�- =L E15C RjII iIO.: Of PARTY e. [. y "- •.................... -- Exhibit "B -, • [• A n. r . o -- I x— a _ - -�- .:_ .. n o-•n[. 4,_s..neu•r ce •.me I. I I'iIAA I a to •'•. —: .. .".[.u. .. ....._..... le. - — e.Te.::_-::.: It .' TT - --� -� - I, I,I. I + [ z �t -J1 \ I- [, ?.._TSi,Jtr_2 ;-�1•�S�b.2i4� Tt> '� r_.t JI I ::.»i•.tiC I I I I >nV5�- =L E15C RjII iIO.: Of PARTY "- Exhibit "B -, • A I.wit.11it0., { {II 1.{ I ttl •M \1 kN`Nosy (-Cu FAZ1,= CA f (MT Ol IM. V.t (tl../k One, Qco- A W C 1IZC,iaJ -f MIS) 4w ✓..l.aC -'I N LZ:!,U t SUt22as0' i sea re � r-rmv r P,cSG ° Ew -. FLL.L - P-VOhJ Q!N czl3o hv4-W7 ! I Cl 1 a 1 01 0 0° I❑ I I�`TLT�O I ALT O ET- 1-0 I O I O O NI .- .. .i...... ..... �., �I .t .. ......... I'. ...'i... .. ....�... G I Q I O I E. I D �., �I .t .. ......... I'. ...'i... .. ....�... ,:I GJ �rluA 4OP Al`ONtic ^ • l-A2 Lm: ELF. ('1 nl.rrt 1 M, i ' _� .. _ _ .. _ _ _ - - - - - �•G DAD �T2Eci .... ..T .�� 1 'r1 � r. rrr rr I.11� ---------- .. .rte;... JcT _r ✓ -t I .. 5 �' I bra • �- .I (7tv- ��l b o9 %ar __ mT •--fie Ip1 W SrCd .v oTNJI y(( uhiW �...... r j. ......1.- EfII• W7Qi 'VEND NDM OF 23RD SI =1_ - -� FACTS: n�enue ac eira street S received the -cal_ a— app 3RU�atel y � 1 zrrived at the scene at aonroxiaately 1616 hours.? y O4 yours roaaway v_tn no separation Lines above the aria of[ 23rd Street, _ ''tote width of the roadway is aoaroximataly 17' wide with unitooroved dirt shout bordering the roadway edges. Tne nearest cross streets zre al] ai -t _ LL1NE 2 hue a next is a cros through street, cravelling nort bound, heir 24th Street, w;,ich is also a dirt oad. The closest street near the traf coon zs the a_rt rr,a w i^, g� oes west Dun eing ZSt street ?e "e in a scut er_, _rect_on or. Et wands Avenuf 23rd Street '- :e.ve" cle had been ao•��, pr-or to r; arrival and was wait .o; c-e •_ct : —w,,� ,)�a _a iei ou_ o: t-: rear or tae ve is a an was ,I to be -_anstcrted tc San Antonio Co =ua_ty ;csp'_cal by Knif?f.,, e- .?..,, :R:V— VS = JBC7iF1Cn7'CN: =.`.e tr • :__: ::as i& nt:_°red by his exv;red Califor-ta 3rive 7a license sitt. ce=_ - ee: -its •:en_c_e -- _ .as ea:ec �i t�;e :ccnt passenger a �_._' ,c..r_a Dick -w truck ?asse:ter 11.32^_ \T_2 PS.71i0A'Y -'T- = - ?- _as sea_ea in tie rea❑ t t ^e p•ck -.•o trucA was no �` i :. E S -"M 7'.t�n<_o__cO tt, 1 -e was _dentizied by =t_ers .a-e retr exec _s C- --To .can ee _ ::stew-- -T scE=e _e=e o_ts or —b odeh ?c� c a _ _ -- ec<_:ree: area`= c ::LZte1c_'3 ?• south of the soothe _zg ._ .-e -_-.a _ . -go ; . pc-.er o e =s znorox�a.te y 3 east sa:icnyc- Zzl'.anr.a lve- . zL- -:= next area. the locat C_ Z -re ._ __r: ct c : :�c c- :.-at zp�eaec c :,e vor:_t in try w� aY _esT_ _sT.as zttrc::__ a =c! ' J_ south o_° _he scuth c .er po_e an _ s_ appro:c_ciate. y o ea ere V+ -o other ohysical ev_ae: sce-e "— E�.hlbit U - -�• INJURIES. _ Victim 01, ,K4RTINEZ A4THONY who was in •he urne bean transported, by rni=t :n��3'u znce to an ntonio CCo —unity ospital, received major head injuries and blood was noted to be comir.¢ _.om his left ear. transports by a tin Ambulance to San A.ntoaio Co ©.ni tv Ho snt r�l _n a ccca as or 9/26/62, at approaia TZn tnas area o: -t wan a Avenue, nor severe dip which '_s located a Droxix [tee: 1 n pap :.s posted with a ye shaped sien with the letters "DIP" e curs :re et there is —a a m4 north of :k earning sign, at in is pnys:cal evi -ence was isle abov.: — occu rred ter c e victim had fallen cu: o_° the- of the pick -up truck after the truck took the c:p ac a �ocerata specs 6icn no wa:ning to t e passenger in the rear area ly 35 r.h, •fen -_n o: ctr: :c -c w.n._ca '-e s3-wed —c-:lie di? ..- ---ter = _ey :-ey =ac gotten :-:oi .DL -c : a5 ` -- .n rear rf Z. -a: CAE: cr_ - :ei c1 :l_s °c: LIac -.a ;:as nos:n couno on Er_wa he went over a very deep dip �.;hi_ c goes otr in a westerly' dire=-on, bL: did no: ::ncw that it was as Tn :ne ED, :._s passen er, being had _`a11an oLt cr .'e rear o: the d rcld his fr•_e-d TCNY rebeatedly go into grew: detail as to exacrL - re stat state at S •._--es= '_ - _- ?O..'S _ --ec : ^a- ^e .as n -e ` -er r:P. `.Ta«o,.gr. r_ : _ s =a._ :rcc;�, w';en the or-%e- = 70Cs.Li1 hit a very big dip a: : :rc� :_- a :e1v, w ^at iz e_essed 30 =*i =. _ =cep; -ale c :se- ec TTY :cl _ ^g _n the pa•:etcnt, 'r'e then = =car =z -= per ` s -d E30C�_.:• cc s: :D because TONY fed fallen _: .-a aed�G: - e . -C7 -ruc.K _::i301 +5 acted tra: he and 3ROCiCT_;,*Z I-va: __ = c--:'-,-s -retch c` roacwav befcre. ' - =. - -- • -2 •as a : r be :Piked tc cue to -tie fact a: -=e _- :e -s_ve ^cares -z[ cc the San Fzton'_o Cc =: r:.h :bit '•3 -9" -etc -N c;c -o q 2c El! ,...............•, .... 1176704 -11 C ?I:7IONS AND CONCLUSIONS: Driver #1 was north bound on Etiwanda Avenue ac approxicately 3Q to 33 m7 wnen ne tailed tosTou7-Yor e :_'ter negotiating the dip, he had learned frog the passenger chat passen; in the rear o c:�of --tTie px:K_up LLUCK n.. u ra a o ne pa ti i :c criver"�a. [iLR nan been arin.Ring, buc was nor un a ne n nc alcohol POINT OF IY°ACT: The point of inoact is aoproxinately 108k' south of the southeast leg of r. a "= i�b_T— "alge. _ 25th Street, west of Etiwanda Avenue, and S' east of the west prolongatic �TJandd • Uo,udd. .va..a U. rt:. a. sa-po Lira' — fs r tzi- Mt , 50' s') . ., y _o.e strut:• -jre and appror?r„a[ely 3' east of the west prolongation of Eti, c_' es: and cne debris in the rcadwav Case is o:;er than driver This was established by statements of both c_p _.. ..-_ roadway - : iC:.S :<.-__ - t:-=e of report :er7rt to be ke:c on file at c*e .rancho Cucacon; •ss=a:.on Exhibit "B -9" n EXHIBIT "B" COURT'S COPY COUNTY OF SAN BERNARDINO C SHERIFF'S DEPARTMENT CE TO APPEAR . °,a.,.,fial.�cw� cucuvwuG-n ,�ull'IG-1cV•II �•ZS �f04 I .vlC�`' V >.•�.��+• 1! 4 T N T ,,,f STEVewJ L�AI.E 3P- YJ.•utl:w1 i °::luf 90ti E. WC*N. ^.pct r2n-,J> 1.1 D_ >vu cm c4 3 5;lppbo b� HU +t2.T Iq.T .cf`•Z Rv ::v ✓taw.,• j . /1. �. f>w _ _...a f'�CUT•C•.S IDFT�41 C•P.CID£HTI I.C. 12�^; / o) (,(L�I.c:e,v.Se -� R" •• "'0' e. -. o. - .cc.nc•ac a�sc �'t � f• a .c�IfIO � . — Exhibit "B -IO" 3o 'r *SAN BERNARDINO COUNTY Date — c R, 11 e' PRESS RELEASE M o•Yfca d. Frank Eland, Sharfff of San Bena,dino :ounty, releases the faltowing informatfon. r y r�u r��Yic Arc 1 det�ri Ibo rot "I cote or aaartalu,oea• art ass, duedpnue lesoacatj 1400 f� ^ZS - °t By Go 07-1-1 I1--... FIQE QI,r- (7Yat cad D4U) Occ ird 14 -25•ea Location (7,s.e trd Dee) (aA address nr Atta). V,ctieu Pr tlitsD�4A Louis 1<Lp,Q�, NT= ,�,� —Z,- -� t..]AA.r.� 1 (Ki:<a W A4datau) � � 1 e>l 1 I.1- e.�I•� I-4 r Loss L tad Valli) lnl.r., e N� J��• 1-1 e�1 �v� t u e l e S j „Ferscrs nrtns'e^_ ti 16 ,er"er e,d Aet'tsitrl . "t er *s•.H ! d A poise Cc I a -. t+ E Lz--o ri Gl 44— re-Ta%r e G i.�.•'f A"luLtr Nla 6U c ^,s+ata,ycic,. s., r j t 2 L E t- a LLi 01 —c. D:P GLCetk ,i4C tµg2rfN6z •ro 1=t Ge=l: C,ktiV i rrc L -�✓'.� rrR1.IS}�0r'fcsJ lC, � C, = f?ti, ✓ ,n � t =;- i t.l _ 4,u Fu,lJ�.tilC.t > T��''L rcA FT4' -% BLAND. SHERIFF . -. � . ��•` L.- - .. _�.. .. -.tt a �',_- 37- .. • .,r,;, : , r., - - = >:bLbit: "3_11" L 7 1-1 r LTPOS• u P 316 I�NSULTVOST.5TulEOrtEErsl 173 432 fo1 60 RECEIPT FOR CERTIFIED MAIL NO INSURANCE FOR INTERNATIONAL RNATIONALA0rI0ED- 1 vuuaws dssL tRd+4:.<, Ofd:Gvery_ � NOf fORIN1ERFATIOHAI ISrJI xrEDCELEVERY —d (Set Reverse) IIW '^'Y• %•7 �n D daT14 GYP • r , State Board of Contro TOTAL f j 2 "Ja St , Dept. 30 AARnu A>JY in •o.3. uv. Starts Board,of Control Sacranento, CA 95814 "J" Street, Dept. 300 ros:,u , O 1 meads Cnto, CA 95814 a,,,,eDen 75 r +�Trr)•e, rCU ' <RIKN Vvvaq YIU.: c[Wltr ,.o [Gelww 3 . s .. ao ,, r • `ij err v,Ac rm 2316 773 432 s.:.,:..,v.w - e i rs b,uln sl u,la."I.0 60 aN:.iwn of tddrssseta•prl) >? ILKfO•LKe 111e LLCICdC�,Ay <CJYL _ i ✓•,': MV. -J'( m SILIUNRE C3 iddlIXa ❑ AvIladrd ,sit ti F Xl•f� "33 V A o.n asl..ewr P.. 3 3 a. •: w.r ++a u: c.,x:c„1csArnaa w.,✓ �. 83 = rcr.s,•suvuvorns s 1.55 v:� ate• Nus.R ro xvm eru.rtc r. uno,c -•s 10/21/83 tJ TAa E X e =f ` r e5 "ra 0,:F I P 316 773 431 Fv',oeu1»f "FETi1aN TO "qa� (CONSL•' T POSTMASTER FOR FEES) i RECEIPT FOR CERTIFIED MAIL •'••_ p �•+.¢ u rq_O ti ie`•Ck a'[). \..n _.::A:E •71'EiAi. LROI: "E7— � \. - qt HAiVA'I:,AL MAIL EcxBO�7 .. +oe� -Gte durrof - -__ ?g (Set Re.ers.r .\py4<c!• TT_.J' ➢ =LM1 CRY . .��'. r_Tox 607 _ra TorAL E I�� ^c -O C �a -c.ca 917 <qC-mv Ozf Rancho Cucamonga 807 `- fr I 75 ,:cancaaa, CA 5172: �7 coo I ?316 i73 ;3s .I: I 60 , s.S V:. a o' aaeastet r +tpe•n a ? 5'OV4CLP_ _ A:Ceft ✓, S,< •C t;c_ I 3191 ' i 5 c.n %-o•c.+ ,CO•' r77•'a .. . ....... ,c,a3 '31 55L I vrCl x I• 10/21/23 0 • 4 =1 pLn ra (�t51TiR FOR S) t TIN: ;e:hufr; Wn= IS lgasd (check V'0' 6.__C B A.eWmaIc= and date durerd.____ 0 SSam to ri- C da'; Li rfdr[33 d dc6r[.7. 1 &C3 RREMnjClED;ZUVER /4.La ivu [rrunr � TOTAL L_ L L.1LIt tSRLSLGTfY Calif. Dept. of Transoortatio 120 S. Spring Street Los A.lgeles, CA 90012 4noIcrmndOw3J3v unat S•!u ^•: V Slo�:a 1 v+vlea Ca7:ola'v pcoo ?316 773 433 ❑'}nl:l vlM1 �•a_6 i73 430 (A'rl+a 0]alfl tIDMtWe OI S.idff aaee O[!D[nll "I lb MJ•dae a]ova R� Ad.-_ d 0 Avthana A ltrrc ^ t .x<td oti,•vEAT gf:w.t 10/21/03 •a7,+¢aas.:aatn lw >O+[••.n ,. In.- ,tuau.3a st-.ua t. wunnrtti mlu I ______ ___ __ ________ _ . O 1 2.3 Ln]a ) A__ +7Y1::'t3lm b'PETVn ITO•178A M o +.r +a•3�. 10JV5_.T P^^S:LAS17.R FCa FEESI j 1 µ[([ :- VQItrv�:CO •e'.3.d 1[: % \M[J. ptr.ct ! [S.ic C- L1 %,ERY 1 a •au.e•a rn. vy py TOTAL E_ p .r y,t gy43[a *S San 2erdo cv 3oard of Supery 17_ ;z• Sty S _reet Sar 3er ^ard_no, CA 92415 ^•: V Slo�:a 1 v+vlea . r'4a: VC 'J .O.•O F:+v0.+0u N9 i>•vAt —:d] �•a_6 i73 430 _• •t33 ...a 41ltOP.Va IA n3r3 ]:n•t; r_•e al ¢:. L;laa af9en0 �L S'3vl'taE — a. ses r' a,[•t-:Y r. ,eft I f�,� \\ • a:`n.mulu 4 Y P 316 773 c30 RECEIPT FC?'1 CERTIFIED MAIL ` x.t nSL'RlN[E COVFRAGE PRGITOEO- NOi iCa Iviiev ;TIDYAL N.AII P 316 7^ , 433 RECEIPT FOR CERTIFIED MAIL NORSURANCE COVERAGE FADVID1D- ' OT FOR IATEANATIONAL MAIL (Sea Rormfei 1" Dept. of Trans orta ' i•2[d[ b]�Sorin St 0 F U A 90012 ptr.ct ! nran3e[I[ s�� 75 u[w\awur F:+v0.+0u N9 60 41ltOP.Va a:`n.mulu C i o S lNt[[ �VItY [Qn4•�:• • VftIORt Ot3M1 rnra.rorin[lxortts 31 55 ^ I 1 - 1 , r sit. •_dt.� t• I I3 ; ;,t.•..� •t I` •afv .• 31 .'T. . e w l = 11C..•�4t3 [ I A 10/21/03 � � 7 75 I 1 160. i r $$ AGE EXHZ3Z^_ "C" S CG 9 4 1iE3 \`r�G $:F /en .at? '-rCG -5n � —:scn 6 C.'ecste •.1 teir. St -eet. Sci:e 670 l -0 .I • C C. 1 -CC - /J1.3 `— SL irase,,ed to the Coanty of . s a (ei - ; -tr,s fron the ate this :Ile a court action _ - - C•:Ac- in CCrneCti Gn atth this • 1 2 3 4 5' 6 7 8 I 9' 10 II 11 12 n! 13� 1+ 15 16 17 18 i9 2C 21 22 23 2+ .6 ® r (PROOF OF SERVICE BY VAIL.- 10)32. 20155 C C P.) STATI. OF CaLIFORM' COL�TI (IF RIVERSIDE I c.a'r •nl..r nhr........ ularr¢!l -• w „.Ar arr n /r,fAuln iron and nalur:•rn +O +hr �tl/Im abrr m01Ir0 , •1 .i •r., .lAJrr.l, 373' 113>,n Stree +te .o0, Riverside, CA 92502 O.. 12/7/83 __ 1S__ In1�rJ IM •i:h,n Cross- _ Ccmolnnt for Indemnity - :ntereste6 carties _ w J a r .N. •: a lae . •n rrr r r. S. n u o.1 I ry .,' pr •.,.F n afr , nnn Lrll, rr uid mkt R!ver 1dde ,_ Cal' f orn�3 _— Thooan P. Beck, zxq. TFOV S Bay -K 45 S Hudson Ave ?entnOuse Suite Pasadena, CA 91101-2189 G Clifton Smith, Esq. BJRGWIA \, SSII:H IS FECKHAM 524 F :'leuntain View Ave San Bernardino, CA 92401 -1295 •, 1r.1 d nr I, 1. n( , •In,t urJ u./rh+ ... 1 �rpnulmn 3yi Darcy S CLAIM FOR DAMn3E OR INJURY ULCXAJI . {.c ;• t �- f Cleiic for deelh . _ to Pewee, w to pifeitsel praFerty mart 6e fllerf Itste� 100 syje elver t ;Bov. Code, Sec. 911.2). thwr Claie�( y must be filed not later than 1 yea after the occurrence TO. CITY latrr.re Inn Name of C -(mast Address N/A ZIP one26 VSGi �e WlIZCN, EMER, "WE'S N i DICKER, Attn. s fbbert M. Yamg, Jr., Paq. 175n wjighi e M lnrerA_ ST,i�. lann WHEN did damage or Injury occur? 12/82 — 2/83 (Clat ant Served 10/20/83) -WHERE did damage or Injury occur? 9405 Hell= Atenue, Rsssdsa CusrasotsaaiG lHOW and under what circumstances did damage or Injury o._t,r7 P]airntlfPe in Foy V. Retltt<! .,a arnfa Nett ifP .. r>.....,.. .....-- "- --" _ 6 Nichol, F}Vinoata, as a cross china Por lmlip, HAT particular action by the City, or Its employees, caused the alleged dsmuge or Injury? (Include names of employees, if known) Plaintiffs in the above action allege negligence on the part of defersdants in the alteration of Hallman Avenue and the flood control flannel adjacent to their property. WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it may be known at the time of the presentation of this claim, together with the basis of computotlon of the amount claimed: (Attach estimates or bills, If possible) DES 19$1M Total Amount Claimed: 7��j11.�f8- NAMES and addresses of witnesses, Doctors and Hospitals; :or 13, 1983 1103(4781 _ A1yI ♦nO anfY[SI ba A1uJANt• '� ICLI4NO111 NO loN fOI Nr USI:I'av JOIN' C. I•INDUCA (714) !IU3 -5010 1131 tlest Sixth Street, Suite 220 (intario, California 91762 unwn. ,vI INr•Y, FOY V. RATLIFF and DANNIE RATLIFF, K: t Judicial District IL40 North tbu:ltsin Avenue a:tario, Califo :nit 91762 PLIN' ,f ol4N01.1 ea i�'T'SysIl7F1Si ±sli�FfJ��li(L.J AOY V. RATLI.F and D%NNID RATLIFF - .)UNTY OF SAN BCRt1APD1NO, CITY OF RANCHO CUCAMO:IGA, MOFFATT 6 NICHOL 1:NGINCERS, I \C., aad DOES 1 through 50, inclusive. SUMMONS NOTICE' You hate been sued The Caun My decide spalnel you wllhod your being heard unless you mpond within 00 days Read the Inlolmetlon below II ".. %.$n to sect Inu anvC, OI an 4110.00) In IIIn nl.l'O IOU shoo 1 na IV pinrpl, pn I, 11 Iij' wrllk •• r Cspon,b d au, -or pt Idea On •.me OU[N4091a rII) J.a hell L.t.S,LJ VA. decidil contra Ud sin aud.encie a meros oils Ud. ra• sponda contra de 30 dias. Lea Is Inlormaclun qua s(gue. & Listed CISBa s0e1 -141 LI funstln de Lill abnyld(l u1 es'e ah 10 0ebe "3 ,a Lt'Ill InnlNa'11dme "lip de 4111 m3nall t laSvl Isla t Str to 11 hay ,llgull.l u,lede CNr log'Spta! a 11"Po 1 10 THE DETENOANT A L'bt complaml has bee'. I'led by Ina plaml'1 narns' you It .,all to :eland this Ia.r1u11 you most wIIMn 30 au)K A'le' th -1 aum,n011f 13 Served ran yun We w'h IhIS CC011 a Skmien response to Inc LOmpl1u11 Un.eSS you do so y0V celu Wl will be entered On ap01,C 0I,On o1 we plant 0 and It.,$ court ma) en'el a )uagnce,l oga.,St you 10, the r: rel dernande0 In I,a compla•nt which Could result m rJA MSn'nnt M w10e3 IabOg of monet or property or other te,Rl rCpueslcd In the COMP:Jlnl CArho OCi 13 15 3 Clcrt ey! 'SEAU 7 NOTICE TO THE PERSON SERY20 �o� a 13e•Yte -p • LI'•I` =t (/ a A3 a'' nld.e Cual delenda,t U A. I,e person sued unatr the I,Cl,hous ^qme o1 C X On ee,001 MOFFATT i NICHOL ENGINEERS, INC. a . Unner X CCP a 1610(Curooranan, CCP a 1G 60 (Mini) f i 1 COP 416 :0 (Uttuntt Cc :ts atam CCP 416 70 Orcumpelen0 • CCP 416 401A3»L'al'Cn 01 Pa•Il'epnlP) I CCP 416 so (Inarncual) :y Othor 1' I 1• `J �`- a ' By personal cellreq on (Dalai _ O ••, n• .. .' w.;y ••• L ✓u,. •, n•. -u... n•, _n �L. Ir r .,n n.l. .. Iry o. ✓.11. .• ;✓i I ., .�.' •`.,YI'I .n • ...r .. 11. Mn .I.. �. I v . I,w41 o•.ull '. „� •LJ • •v: i �, h: ••• I n .p... f... uanlY w1f LO tV .•Yr • L..bi ,./•Va+N a.. _r.♦ ^'.I'rwlJ i" ..r+l.,.n., 'llw .✓✓ ,411 J.m rN. M..n..f l'trnnWfl ♦1�J✓ ♦W Ya'IeV V..• Ihfr4..I.. N'lINl 4lfuwarl . ✓. .,OyVtl 4r NMt 41, nn..awL «,.•. -, Ice al:w 1.✓..!4 nlif 11r. SUMMONS a111P got A ulaesooeAU.lrn — 3-1 SO 0 JOHN C. MADDUY• 1 ATTORhCY AT LAO, 1111 WEST SIXTH STREET. SUITE M 2 ONTARIO. CALHORNIA 91762 TELEPHONE QIQ 9M3010 ORIGINAL FILED ATTORNEY FOR I NY . RATLIFF and DA.`:NYE 1 RATLIFF, Plaintiffs OCi1319$3' 8II C=,.C.--t. COUt'� tiF SA.. Ei`7i1iu:�.0 SUPERIOR CCURT OF CALIFOMIA, COUNTY OF SAN BERNANDINO ]] ROY v. RATLIFF and DANNIE RATLIFF, 12 Plaintiffs, IS VS. 14 COUNTY OF SA:1 BERNARDINO, 15 CITY OF RANCHO CUCAMONGA, MOFFATT 6 NICHOL ENGINEERS, 16 INC., and DOES 1 through 50, inclusive, 17 Defendants. 18 2011 Plaintiff alleges: Cnsa No. %V - 32032 CO!IPLAINT FOR DAMAGES 21 1 22 Defendant County of San Bernardino is, and at all times 23 mentioned herein was, a county duly organized and existing under 24 the lays of the State of California 25 II. 26 Defcndart City of Rancho Cucamonga is, and at all times 27 mentioned herein was, a general lay/ city, duly organized and OR existing under the laws of the State o! California and situated 1 in the County of San Stirnardino. 2 III. 3 Defendant Moffatt & Nichol Engineers is, and at all • t times centioned herein was, a corporation duly organized and 5 existing under the-laws of the State.of California and doing 6 busintss in San Bernardino County, California. 7 IV. 81 Plaintiff is ignorant of the true names and capacities 9 of defendants sued herein as Does 1 through 50 inclusive, and 10 therefore sues these defendants by such fictitious names. Plain - 11 tiff will amend this complaint to allege their true names and $E 12 capacities when ascertained. Plaintiff is informed and believes €3�g e 13I and thereon alleges that each of said fictitiously named defen- X 41 e dAsi1 14 dents is negligently responsible in some manner for the occurrence 15 herein alleged, and that Plaintiff's injuries as herein alleg® <cc 16 were proximately caused by said negligence. 17 V. 18 Plaintiff is informed and believes,and based thereon, 19I alleges that at all times herein mentioned, each of the defendants 20 was, and is, the agent, servant, and employee of each of the 21 remaining co- defendants, and in so doing the things hereinafter 22 alleged, was acting W thin the Purpose and scope of said agency, 23 with the express and /or implied permission and consent of his/ 24 her /its remaining co- defendants. 25 VI. 26 Plaintiff is, and at all•times mentioned herein was, the 27 owner, and in possession of, property commonly known as 9405 • 28� Hellman Avenue, Rancho Cucamonga, California. The legal des - 11 1 2 3 4 5 6 7 8 9 10 11 3 12 €= 13 < 14 15 16 17 cription of the property is as follows: Lots 23 and 26, SactiC,, 1:•, Township 1 South, Ranne 7 West, SAN BER LINO BASE AND MERIDIAN, Cucenronga Lands, in the county of San Bornardinw, state of California, its par plat recorded in Book 4 of t4apa, Page 9, records of said rounty. SAVINGS AND EXCEPTING the Eiast 99C :eet therafrom. D.LSO SAVINGS A11D EX, :EPTIZ:G TREiEFP0M that portion conveyed to the San Bernardinc County Flood Control District by Deed dated October 18, 1345 and recorded January 25, 1946, in Book 1859 of Offi- cial Records, Page 433 ALSO SAVING AND LXCEPTING, that portion of Lot 26 lying ,,eat of said portion deeded to the Sac, Bernardino County Flood Control by deed dared October 18, 1945 and recorded January t5, 1946, in Book 1859 of ofrJeJal Records, Page 433. VII. At all times mnnt,3ned herein, Defendant City of Rancho Cucamonga owned, mainta.ned, and controlled a public roadway known as Hellman Avenue between Siuth Street and Fourth Street, in the City Of Rancho Cucamonga, County of San Bernardino, State 18 of California. VIII.. a 19 ,,� 20 At all times mentioned herein, Defendant County of San 21 Bernardino owned, maintained and controlled a certain flood 22� control channel within the City of Rancho Cucamonga which is 23 located adjacent to Plaintiff's property described hereinabove. 2 IX. 25 on or about April, 1978, Defendants City of Rancho 26 Cucamonga and County of San Derntrdino, undertook to design, ® mprove said flood control channel and Hellman 27 construct and i 20 Avenue in the area between Fourth Street and Sixth Street in the -3- i I city of Rancho Cucamonga, County of San Bernardino, State of 2 California. 3 X. 4 As an integral part of said work on the flood control 5 channel, the City of Rancho Cucamonga and the County of San 6 Bernardino installed a drainage system, changed the elevation 7 and angle of Hellman lvenue and installed a bridge for vehicular 8 traffic on Hellman Avenue to cross over the newly installed g concrete flood control channel. 10 Xi. 13. Plaintiff is informed and relieves, and based thereon, z 12 alleges that as a part of said project, Defendant Moffatt 6 t� 13 Nichol Engineers was hired to engineer, design and provide < 14 expert opinion and matarials concerning the design and constructior � AN S 15 oP the mood control, drainage and street Improvements constiti) g �e .°�fsC 16 tang the work done by the City of Rancho Cucamonga and the County =o 17 1 of San Bernardino, and did in fast, uupply said expert opinion, 18 design and englnuaring work for said project. 19 Nil. 20 Defendants, and encti of them, so negligently, wantonly, 21 and recklessly designed, corstructed and maintained said drainage 22 system, street alterations, and elevations so as to cause 23 Plaintiff's property to be severely flooded and inundated during 24 rainstorms which occurred in December 1982, January 1983 and 25 February 1983 in that tLa natural drainage pattern for water 26 I runoff was altered by Defendants., and each of them, actions so 27 that the runoff water was directed onto Plaintiff's property 2e causing serious damage to said property and the improvements _q.. � I 1, located thereon. XIII. 2 3 As a direct and proximate result of said actions, Plain - q tiff suffered znd will suffer damages to Plaintiff's property 5 and the improvements thereon in the amount of $250,000. 5 XIV. As a further direct and proximate result of said damages 7 8 Plaintiff has suffered and will continue to suffer the loss of 9 rental income frcm said property in the amount of 5350 per month 10 from December 1982, said amount being the reasonable rental value 11 of Plaintiff's property. Said loss will continue until Plain - 12 tiff's property is repa'red to a habitable condition. 13 Xv. i On or about February 28, 1983, Plaintiff presented a 16 d - 15 claim to the City of Rancho Cucamonga by mailing h claim to .he <ar 16 City Clerk of the City of nancho Cucamonga for the damages and 17 losses suffered and incurred by Plaintiff by reason of the above 18 doscrihed occurrence, all in compliance with the requirements ly of Section 905 of the Government Code. A Copy of the claim is 20 attached herato as Exhibit "A" and made a part hereof. XVI. I 21 22 On or about April 14, 1983, the City of Rancho Cucamonga 23 reyected the claim in its entirety. XVII. 26 On or about February 28, 1983, Plaintiff presented a 25 2G claim to the County of San Bernardino by mailing a claim to the 27 County Clark of the County of San. Bernardino for the damages and 28 losses s%fferad and incurred by plaintiff by reason of the above -5- 1 described orcurreuces, all in compliance with the regwirements 2 Of Section 905 of the Government Code. A copy of the claim is 3 attached nereto as Exhibit "B' and made a part hereof. 4 XVIII. 5 On or about April 21, 1983, the County of San Dernardino 6 rejected the claim in its ontlrety. 7 XIX. B Defendants, and each of them, had actual knowledge of 9 the existence of the conCition and knew or should have known of its 10 daogerous character in sufficient time prior to December 1982, to 31 have taken measures to protect against the dangerous�fondition in 3 12 that Plaintiff advised Defendants, and each of them, of the s14 - 13 design problems, characteristics o the water , p .f ter flow at Plaintiff s 14 property and corrections which should have been made in the design 2y15 and construction of the project both before, during and after • = 16 construction of the projects. Plaintiff's statements were at all 17 tim(:s ignored by Defendants. 18 WHEREFORE, Plaintiff pros judgment as follows: 3.9 1. For compensatory damages in the sum of $250,0001 20 2. For special damages for loss of Income in the amount ' 21 of $350 per month from and after December 1, 1982, to time of 22 trial; t 23 3. For costs Of suit herein Incurred) and, 24 4. For such other and further relief as the Cour.. may 25 1ieem proper. 26 sated: October 12, 1983 20 T C. rwDDUX Ir A torney for Plaintiff 1:011N C..%IALIOL'X ATTOIIFOT nT Lnv • Ilil YY.I III \,Y III.Y I I. rill. Ny OT.Iy C.0 N..1. YIIYy February 28, 1383 TO: CITY OF RANCHO CUCAMONGA 9320 Base Line Road Rancho Cucamonga, California 91730 ROY RATLIFF and DANNIE RATLIFF hereby make claim against ti:e City of Rancho Cucamonga for the Zulu of $81,400 and make the following statements In support of the claim: 1. Claimants' post office address Is 33455 Ramona Expressway, Lakeview, California 92353. 2. Notice John C. Maddux, Attorney ratnLaw,1C 1131 "iest should Sixth Street, Suite 220, On California 91762. 3. The date and place of the occurrence giving rise to this claim are the months of December, 1982, January, 1983, and February, 1903, at 9405 Hellman Avenue, Rancho Cucamonga, California. 4. The circumstances giving rise as follows: to this claim are During the recent rainfall of December, 1982, and January and February, 1983, extensive water damage has occurred to the foundation, basement, structural integrity, swimming pool, various outbuildings, fences, and electrical equipment at Claimants' residential property located at 9405 Hellman Avenue, Rancho Cucamonga. The above the recently instal l installed flood control channel cis improperly designed and constructed and will not accommodate Lilo volume of water generated by even moderate rainfall. Instead, the runoff water is funnoled onto and through Clairant'c property, causing extensive damage. As part of the construction of the float control . _ E HTZIT "A" C To CITY oY RANCHO CUCANONOA February 26, 1983 Page Two channel, the heighL of the roadL•ed of Hel }ma.: Avenue wnz rsluvd and the grade of Hallman Avenue in the vicinity *of Cluim.s„t:.' property was altered without compensating me u.urus which greatly contributes to the path of water and resulting dam.: js•,:. Also, a drainage system was installed nortK of the property which contributed to the flow of water causing damag,•,:. All of the above was specifically. brought to the attention of City officials at the time of construction, tq no avail. As the recent rainfall was the first significant rainfall since the completion of constructions, the nwsgnitude and significance of the problem has only now nsanifer.Led itself. 0 S. Claimants' injurica are damage to the founstisstion, basement, structural integrity, swimming pool, variouu out- buildings, fences, electrical equipment and general erosion to the property, structures, and improvements located at 9405 Hellman Aventfe, Rancho Cucamonga, as gall as le's9 of rental income dua to the resulting unhabitability of said atructuro. 6. The names of the public emoloyeau causinng tl,r • claimants' injuries are unknown. 7. My claim as of the date of this claim In $81,400. S. The basis of computation of the above nmount is as follows: Damage to Property $80,000 Loss of Rcntal Income at $350 /month 1,400 Total: $81,400 Februarys February 28, 1983 p iltl C. 11A;WU! ALtorney ut Law, on behalf or cluimnnnts • r' C10114 C. MAr >uwx � Arr,ruxrrr ♦r t.n. mn ••.. w•rx xr••o, w u• r... rabkuary 28, 1983 TO: COUNTY OF SAN BDRNAnomo 351 North Arrowhead Avenue San Bernardino, California 92504 ROY RATLIFF and DANNIE RATLIFF, hereby make claim against the County of San Bernardino for the sum of 581,40C and make the following statements in support of the claim: 1. Claimants' post office address is 33455 Ramona Expressway, Lakeview, California 92353. 2. tibtice concerning the claim ,.hould'be sent to John C. Haddux, Attorney at Law, 1131 'Kcst Sixth Street, Suite 220, Ontario, California 91762. • 3. Ina date and place of the occurrence giving rise to this claira are the months of December, 1982, January, 1983, and February 1983, at 9405 Hellman Avenue, Rancho Cucamonga, California. 4. The circumstances giving rise to this claim are as follows: During the recent rainfall of December, 1902, and January and February, 1983, extensive water damage Iras occurred to the foundation, basement, structural integrity, swimming pool, various outbuildings, fences, and electrical equipment at Claimants' residential property located at 9405 Hellman Avenue, Rancho Cucamonga. 11re above listed damages have occurred because the recently instoll ilI)od control channel Is improperly designed and constructed and will not accommodate the volume of water generated by even moderate rainfall. lnntcad, the runoff water is funneled onto and through Claimants' property, causi:.g extensive dnmago. _ As part of the construction of the flood cuntroi • E ISIT xBx yb ter_ C � TO COUNTY OF SAN DCRRARDINO February 28, 1983 Page Two channel, the height of the roadbed of He;lmi.n Avenue was r:,i8ad and the grade of 11a11man Avonua in the vlci:ity of Claimunt.a' property was altorad without coapenaatin. m:a:,urus which greatly contributes to the path of water and resulti:g efamagao. All of the above was specif¢cally brought to the attention of County officials at the time of conctruction, to vo avail. As the recent rainfall was the first signiticagt rainfall since the completion of construction, the magnitude and significance of the problem has only now manifosted itgolf. S. Claimants' injuries are damage to thu foandaticn, basement, structural integrity, winning pool, vicious out - buildings, fences, electrical equipment and g,sncral erosion to tl:e property, structures, and improvements locaLed at 9405 Hellman Avenue,.Rancho Cucamonga, as well as loss of rental income due to the resulting unhabitability of said structure, y. . 6. The names of the public employeos cauuing the Claimants' Injuries are unknown. 7. fly claim as of the data of this claim iu $81,400. 8. The basis of computation of thu above a:aount is as follows Damage to Property $80,000 Loss of Rental Incone at $750 /month 1,400 Total: 581,400 Dated: February 28, 1987 E 4 % 00". c. "55:):4 A ornay et 1.xa, on behal of Claimants VERIFICATION STATE OF CALIFORNIA, COUNTY OF SAN OLRNARDINO I hart read tlm foresairg. MStPr.71TNT :Ota 7h`: •.� =5 _ � d CHECK APPLICABLE Pn RAGRAPH and know Its mnten:. ;-Ej 1 am a party to t►u anion. The matters stated in it tie tee army own knowledge t u apt at to Utoae msum whi h are stated on Alriumatim saki better, lad as to those matters I bdieve tittle to be see. ❑ 1 coo E3 an Officer Cla panne• Da f —_ a part7 to this action. and am authorized to make that verification for and on fu behalf. and 1 make this verifiutlan for that town. I have tad the foregaing document and know Its contents. The matters stated in it are true of my own knowlodge ❑ac_pt as to thou matters which are stated on Information and bend, and u to those metre, l believe them to be true. 1 am ant of the attomrys for a party to this an(oa.Sua part. Is absent from the county of do,said where such attorneys nave their orfinea, and I make the vcrifu scion far and on behalf crthat party for that ratom I have rail the relegates document and knew ib <mucnu. I rm informed and bdim and on that ground allege thac the rasters allied in it am we. Eucuted .n------ Ipaa as nit :.1st Califamia. ( declare undo penalty of perjury ia;.dv the Iona of the Slue of California that We foregoes is we and mfr;, j 14 Al agat aun t_ � = V. /CKNO'A•LE•DGMENT OF RECEIPT OF DOCUMENT DINNIE F A </ (other than summons and complaint) Received copy of document d=ib d plalWa PROOF OF SERVICE • STATE OF CALIFORNIA, COUNTY OF 1 am employed in No county of State of California. I am over the age of is and not a party to the wlthm anion: my business address is On a9� I served the foregoing dooament dtmribed at In this anion by placing a we copy thereof enclosed in a soled tnvdope with postage thatoe fully prepaid In the United Stain mad at addrnud as follows: ❑ (BY MAII) I caused such envelope with puage thereon fill) prepmj to be placed m tl:e United Slates mall b ontird on , IY_ at , CAifurnla ❑ (BY YhRSONAL SERVICE) 1 "used such tnt:lope be ddnered b) hand to the office, of the addrpue. bt"utcd an . 19_ at , Cut, ufnia. M ❑ (SIAO I declare undn pcnulty of perjury under the laws of the State of Caltfarnu that the +bow a ,us and enueQ. ❑ 11 edcuU I dcclue out l am employed in the orrice of a member of the bar of this coun A whoa direction the ur` in was made. �f(a • 2 CITY OF RANCHO CUCAMONGA MEMORIMUM DATE: 1 -4-84 TJ: City Council ,,�� FPOH: Finance Director &� Z. SUBJECT: Lease Porches Agreement During the course of the Budget process for this year it was determined by Council that a lease purchase of various pieces of equipment would be appropriate in order to midigate the drain on cash flow. COCAA4104 f 0 9 X I J VV > 1977 In accordance with those directions and In cum - pliance lease purchase requirements the attachec agreement is submitted to City Council for their approval thereof Included with the agreement Sa also the City Attorney's co ®ants regarding his approval as to form and a need for Council to approve the lease ' afore he signs Pecooendatior.: Is to approve the lease purchase agreement as presented, and return the forms to staff for the execution of appropriate signatures for implementation of the agreement CITY OF RANCHO CUCAMONGA v., -Joe D.MlkeL x c r.�u...r L � CAnln J. BuQVet t Jamn C Frort lY' Richard 11 Dahl Phillip D Schlmar December 16, 1983 Robert E Dougherty Covington 6 Crowe 1131 W 6Lh Street Cncario, California 91761 Dear Xr Dougherty, Enclosed is the contract for the lease-purchase of a tractor Please go over it and, if it meets with your approval, sign all copies in roe approprLlte area and return it to me Sincerely, W A Ambrose Purchaser 5 D IM BASELINE ROAD. SCITE C • POST OFFICE 8 ^X 807 • RANCHO CUCAMONGA. CALIFORINIA 91730 • Iti1; ss41811 �1 L_J • • M E M O R A N D U M ' TO: W. A Ambrose, Purchaser FROM: Robert E. Dougherty, City Attorney DATE: December 21, 1983 + RE: Municipal Lease Purchase reement Between Rancho Cucamonga W!: the Ci: of tney ac n-e , Znc PurC a s jo n .eere Equipment. Fct tree Y Returned herewith are three signatuze copies of the John Dee.e Equipment Lease which I have approved as to form. I will be in a positica to sign the "Opinion of Lessee's Counsel" upon the Lease being approved by the City Council. ® RED:sjo Enclosures �J 31 APPROPRIATION STATEMENT LESSEE: City of Rancho Cucamonga DATE OF LEASE: Decembar 20, 1983 DEALER: Whitney Nachinntyi Inc. Gentlemen: The funds required to meet the Lease - Purchase obligation have been appropriated for the months of through 198_. Our fiscal year ends an • -02 X Treasurer, City ,tanager, or Who SignE the Lease Agreement e U 11 CIINION OF LESSEE'S (A[NSEL • Lessee= City of Rancho Cucamonga Date: 12 -20-83 Dealer: Uhimey Machinery, Inc. Gentlemen: Cucamonga As counsel for City of Rancho/ ('Lessee "), I have examined duly executed originals of the Equipment Lease/Purchase Agreement (the "Lease'), dated Dacembar 20. , 19 -42-, between Lessen and Whitney Machinery, Inc. ( "Lessor'), and the proceedings taken by Lessee to authorize and execute the Lease. Based upon this and such other examinations as 1 have deemed necesuary or appropriate, I am of the opinion that: 1. Lessee is a public body corporate and politic, legally existing under the laws of the State cf California t 2. This Lease has been duly authorized, executed and delivered by Lessee; �® 3. Lessee is authorizee, to pay interest at the rate described in Exhibit D, namely, 8 ! (annual percentage rate) t 4. This Lease is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms. qi4 .t cunsel TOr lessee �a� JOIN DEERE DEALER i WHIWAL LEASE PURCHASE ACREMM v LEASE PURCHASE AGREF7E.N1' ('this Lease') entered into as of tho20th day of Dacember , 1983, between k'hitnay Haehiaery, Ioc. ( "Lessor ") and City of Poncho Cucamonga , a nmicipal corporation and political subdivision of the State of caWoroia ( "Lessee "). 1. Term and Payments Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the new John Deere equipment described in Exhibit A ( "Equipment ") for a period of — 5 year(a) ( "Lease Term'). Lessee agrees to pay Lease Payments in advance on the dates shown in Exhibit 8 ('Payment Schedule'), with a portion of each Lease Payment to represent payment of interest and a portion to represent payment of principal as sham on Exhibit S. 2. Property Taxes, License Fees, Etc. li addirion to the Lear.e Payments to be made pursuant to Section 1, Lessee agrees to pay, and to indemnify and hold Lessor harmless from all license, sales, use, personal property or other taxes, penalties, fines, interest or cha'nes of any kind that may be assessed or charged against the Equiorent or use thereof. 3. Lessee's Cojenants and Recresentations Lessee represents and warrants as follows for the benefit of Lessor (all such representations and warranties being continuingh, and is delivering an opinion of its ccunsol dated the date hereof, in form and substance satisfactory to Lessor, confirming that Lessee has the authority to enter into this Lease and nuke such representations and warrantiesh 9 3.1 Lessee is a public body corporate and politic, legally existing under the laws of the State of California r 3.2 This Lease has been duty authorized, executed and 63 livered by Lessee; 3.3 Lesset is authorized to pa/ interest at the rate described in Exhibit S. namely, 8 t (annual percentage rate); 3.0 This Lease is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms. Lessee further represents and warrants as follows: 3.5 Lessee has received and accepted the equipment, which is in good condition and repair and co*o lies in all respects with Lessee's specifications; 3 6 Lessee will do all things lawfully within its power to obtain and maintain funds from which the Lease payments will be made, including nuking provision for such payments to the Patent necessary in each biannual or annual budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available reviews and appeals in the event such portion of the budget is not approved. There are no circumstances affecting the Lessee that cculd reasonably be expected to alter its foreseeable need for the equipment or adversely affect its ability or willingness to budget funds for the payment of auras due hereunder. 3.7 There +re no actions, lawsuits or proceedings pending wr, to the knowledge of Les3ea, threataxd against or affecting Lessee in any court or before any governmental ccmission, board or authcrity which, if determined adversely against Lessee, would have a mate,tal adverse effect on the ability of Lessee to perform its obligations under this Lease. 3.8 Leaste does not have budgeted in its current fiscal period sufficient funds to purchaae the equipment for cash. 0. ;wort- kpprcoria *ion of Funds 4.1 In the event funds are not budgeted and appropriated in any fiscal year for am iW Lease Pay ^ents due under this Lease for the then current ar succeeding 51 -3- fiscal yeas, this Lease shall impose no Obligation on the Lessee as to st!ch S current or succeeding fisal year and shall became roll and void except as to the Lease Payments herein agreed upon for which funds shall have been appropriated and budgeted. and no right of action or damage shall accrue to the benefit of Lessor, its successors or assignees, for any further Payments. 4 2 It the provisions of Secticn 4.1 are utilized by Lessee, Lessee agrees to immediately notify the Lessor or his assignee of this Lease if funds are not budgeted and appprcprlated, to Peaceably surrender possession of the Equipment to Lessor or its asssignee and that it will not purchase, lease or rent equipment performing functions similar to these performed by the Equipment for a perial of time equal to that urnainirq or the Lease Term. S. Early Termination/lurrhase alion In the fv.ent Lessee should deoire to terminate this Lease or purchase the Equioment or any Lease Payment due date prior to the end of the Lease Team, for reasons other than non- appropriation of funds as dessiberl in Section 4, the following options are available: 5.1 Lessee may request Lessor to sell the equipment for a fair mdrKet price, and Lessee shall pay Lessor the Termination Valve')pticn Price shown on Exhibit 8 less the net proceeds received from the sale of the Ecuicnent. 5 c Lessee, having complied with the term, and conditions of this Lease, shall have the option to purchase the Equipment by cayino the Termination Value/Option Price shown on Exhibit B In the event that Lessee makes all Lease Payments as scheduled, Lessee shall be deemed to have properly exorcised its option to purchase the Equipment and shall acquire all of Lessor's rignt, title and interest in and to the Equipment at the time the final payment is made. 6. Now Equipmnt Warranty 6.1 Mat Is Warranted — John Deere Industrial Equipment Cap Ley !-John Deere') rakes the following warranties to the Lessee of eacth item of new !Ohn Deere Industrial Equipment subject to this Agreement. - 56 - 4 - 0 6.1.1 Equipment Warranty — All parts of new John Deere industrial Equipment except tires, tubes, radios and batteries, which are defective in materials or workmanship ao delivered to Lessee, will be repaired or replaced, as John Deere elects, without charge for pasts or labor if a defer aooears in the first 1500 hours of u,e or within 12 months from the date of delivery of the Equipment to Lessee, rhi:hever occurs first. 6.1.2 Parts and Assemblies fnstalled During Warranty -- Genuine John Deere oarts or auaiorized rebuilt assemblies which are furnished ender this Warranty and lnxtalied by an authorized Jot.n Deere } deale" will be repaired or rculaced, as John "*ere elects, without charge for uarts or labor if a defect in materials or workranshio app +are wither 90 days from the date of installation of such parts or -afore the eaufration of the original warranty u cenoi, whichever is later !V 6 1 1 03ttery Warranty -- Jchn Deere batteries will be warranted in 3scr4acce with the "Gaar3ntee and Adjustment Policy" furnished with e3ci ba•ter, 6 2 Securing Warranry Se "vice -- Warranty service will be performed by any John Deere dealer authorize. to sell or lease new John Deere eynivoient of the type involved. At the time of requesting warranty service, Lessee mist present evidence of the date of o` the Equipment Lessee shall pay any premium for overture labor rewue-ted b, Lessee 3�y charge for making service calla, and fo- [rwnZC rtinq t ^e Equipment to and `rom the place where the warranty service is Performed. 6.7 Items Not covered b+ John Deere warranty -- used equipment is not warranted by John Deere unless v is sirclflcally .arvral b, a secarate warranty certificate. Tues, tubes, radios and non -John Deere batteries leased on or with John Deere Industrial °c3ipren- are got warranted by John Deere a.-A, if new, are ordinarily warranted ty Lessor or by the manufacturers thereof 6.4 unapproved Service or Modification — All obligations of John Deere under this warranty shall be terminated: -1 r/ ft -5- 6.4.1 If service other than normal maintenance or normal replacerinL of 7ervice {semi is Performed by scexrohe other than an authorized John Deere dealer or; 6.4.3 If pqulpnent is modrfiarr or altered in ways not approved by John Deere. 6.5 Accidents and Normal Maintenance — Only defective material and workmanship are towed ty this Warranty. It does not •.-over depreciation or damage caused b/ rorxl wear, accident, improper maintenance, improper protection in storage, or improper use The cost of normal maintenance and ro: mal replaccrent of service items sudr as filters, ignition, parts, be!ts, brake linings, clutch linings, etc. shell be wid for by Lessee. 6.6 No Representatioro or Implied Warranty -- Neither John Deere nor any roman/ affiliated rith it makes an, warranties, representations or promises, express jr implied, as to the quality or performance of its proeucts other than those set forth above and DOE; Mr MARE ANY IMpLim WARRAMY OF MERCMAViA8IL1Ty OR FITNISS. 6.7 femedies Exclusive -• The only remedies Lessee has in connection with the breach or performance of any warranty on John Deere Industrial Equiprent are those set forth above. In no event will Lessor, Juhn Deere, or any corpany affiliated with Jahn Deere, be liable for incidental or consequential damages or Injuries, including, but not limited to, loss of profits, rental of substitute equipment or other correrclal loss 6 8 No Lessor Warranty — Lessor makes no warranty of his own on any item warranted by John Deere, and makes no warranty on other items unless he Jeltvers to Lessee a separate written warranty certificate Toecifically warranting the item. Lessor has no authority to make any representation or promise on behalf of John Deere or to modify the term: or limitations of this Warranty in any way 7. Default and Lessor's Pemedtes 7.1 The occurrence of one or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by .S $ - 6- operation of law or pursuant to arty order of any court or governmental agency: 7.1.1 Failure by Lessee to pay any Lease Payment within 30 days of the time specified; 7.1.2 Lessee's failure to comply with any other covenant, condition or agreement of Lessee hereunder for a period of thirty (30) days after notice thereof; 7.1.3 Lessee shall make, permit or suffer any unauthorized assignment, transfer or other disposition of this Lease, or arty interest herein or of any item(s) of the Equipment or interest therein. 7.2 Upon the occurrence of arty Event of Default specified herein, Lessor may exercise any or all of the following remedies: 7.2.1 Enforce this Lease by a)uroprlate action to collect amounts due or to became due hereunder, by acceleration or otherwise. e7.2.2 Terminate this Agreement and reoossess the Equipment, in which event Lessee shall be liable for any amounts payable hereunder through the date of such termtration and all costs and expenses (including, but not limited to reasonable attorney's fees) Incurred by Lessor in connection therewith. 7.2.3 Sell the Equipment at public or private sale. In the event the or proceeds of such sale, minus the costs of repossession (including• 1 reasonable attorney's fees and the coats of sale) and less arty past due '.ease Payments or interest owing by Lessee (the 'dispxiition credit'), do not equal the applicable Termination Value/Option Price on the current Lease Payment date, then Lessee shall be liable for the difference between said disposition credit and such Termination Value/tTotion Price. 7.2.1 Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses (including, but not limited to reasonable ` attorney's fees) incurred by Lessor in connection therewith. S9 - 7 - 8. interest on If Lessee fails to pay any Lease Payments specified in Section 1 within ten (10) days after the date due, Lessee shall pay Lessor interest on such delinquent Lease Payment from the due date until Paid at the lower of twelve Percent (12t) per annum or the highest rate permitted by law. 9. Assignment and Subleasal 9.1 Lessee shall not assign, transfer, pledge or hypothecate this Lease, the Equi)ment or am/ Part thereof, or any interest therein, or permit the Ecpjipn•nt or any Part thereof to bs used by anyone other than Lessee or its enployees. 9.2 Lessee agrees that Lessor may assign this Lease, as well as all right, title and interest of Lessor in and to the Equip --nt and all Lease Payments dne or to becme due hereunder. Lessee's obligation to make Lease Payments under this Lease shall not as to any such assignee be subjert to any reduction arising cut of any breach of any obligation hereunder or other liability of Lessor to Lessee. 10. Security Interest As security for Lessee's covenants and obligations under thin Losse, Lesse,2 grants to Lessor and its assignee, a security interest in the Equiprnt and all attachments, additions, accessions and substitutions to or for the Equrprent. Lessee agrees to execute such additio,bl documents, including financing statements, affidavits, notices and similar Instruments, in form satisfactory to Lessor, which Lessor deem3 necessary or appropriate to establish ani maintain its security Interest. 11. Wes or Damage to Ecuiuent All risk of lces or damage to the F.quipent is assumed Of Lessee until it is . returned to Lessor. In the event of total loss of the EWIPmant, Lessee shall 6o 0� - 8 - Spay Lessor the Termination Value/Option Price ahon on Exhibit B for the curceat Lease Pa--nt date, less proceeds of Insurance and salvage value of the Equipment. 12. Insurance 12.1 lessee, at its own expense, will carry public liability Insurance having an endorsement for contrrctual liability on the Equipment with minimum liability limits in the amounts of 5100,000 per person and $300,000 per occurrence for bodily injury, including death, and in the minimum amount of 550,000 per occurrence for property damage Upon request of Le:sur, Lessee shall deliver to Lessor certificates or other evidence satisfactory to ,essor that insurance is maintained as required under this Section until Lessee is no longer liable for loss or damage to the Equipment as provided in Section 11 hereof. If Lessee fails • to deliver such certificates or other evidence of insurance to Lessor upon request, Lessor shall have the right, but shall not be obligated, to purchase such insurance and Lessee will reimburse Lessor for the cost thereof upon demand 12 2 Physical Damage Insurance. Lessee, at its own experse, will also keep the Equipment insured for no less than its actual cash value at the time of loss under a Standard Inland Marine "All Risk" type physical damage insurance policy with a maximum deductible of 5500. (Such insurance shall name Lessee and Lessor as insureds and shall provide that losses mist be adjusted only with Lessor and paid to Lessor N Lessee understands that, at its option, it may met this requirement to provide physical damage insurance by having Lessor purchase such inmirame. Lessee's election to have Lessor purchase such insurance shall be designated by appropriately noting such in the "Insurance" box on Schedule A The proceeds of any insurance payable for damage shall be applied toward repair of the Equipment or payment of Lessee's indebtedness under this Lease, at the sole ® discretion of Lessor. PAYMENT OF ANY ERSURANCE PADCEEDS SHALL NOT AFFECT LESSEE'S OBLICATICtS UNDER SECTION 11, W=ANG ITS OBLEGATIoN ,0 PAY ANY DIFFERENCE BL"IWE71 TEP44NATICN VALUE/0VrICN PRICE AW INSURANCE PECI- -El'C - 9 - C� AND SALVAGE PROCEEDS RECEIVED BY OWNER. If physical damage insurance is purchased by Lessor, Lessee will be furnished with a Certificate of Insurance which describes the insurance. Such insurance purchased ty Lessor shall terminate: as to any item of Equipment which is returned to Lessor at the expiration of the Lease Term; if the interest of Lessor and its Successor(s) in the Equipment terminates; If the Equipment is repossessed by Lessor; if a judgment is entered by Lessor against the Lessee on this Lease; or if the Lease Floater Insurance Polity for such insurance is terminated. ANY PHYSICAL DAMAGE INSURANCE PURCHASED BY LESSOR DOES NOT INCi.WE LIABILITY CO1vERACE FOR BODILY I147URY OR PROPERTY 12.3 Insurance Purchased by Lessee. LESSEE HAS THIN RIGRr TO CHOOSE THE PERSON THROUGH VMDM THE INSURANCE REQUIRED UNDER THIS LEASE IS TV BE OBTAINED. Except for insurance purchased by Lessor on Lessee's behalf, Lessee shall e deliver to Lessor paid -up Certificates or other evidence satisfactory to Lessor that paid -up insurance as maintained as required under this Section 12 until Lessee is no longer liable for loss or damage to the Equipment under Section 11 hereof. If: (a) Lessee fails to deliver such Certificates or other evidence of public liability insurance at the request of Lessor; (b) Lessee fails to deliver such Certificates or other evidence of Phyalcal damage insurance within 15 days of this Agreement; and /or, (c) Lessee fails to maintain any required insurance in force until Lessee is no longer liable for loss or damage to the Equipment under Section 11 hereof, it is understood that the Lessor may, but shall not be obligated to, purchase such insurance. Lessee agrees to pay the cost thereof at such time or times as Lessor demands, together with interest thereon until paid, or to have the cost thereof adde.' to the Lease Payments due hereunder, at the sole discretion of Lessor. Any insurance provided by Lessee shall be in a form and from an insurer satisfactory to Lessor and shall be effective from the date of this Lease. Such insurance shall also provide that it may not be materially changed, cancelled or non - renewed by the insurer without at least 10 days written notice to I.esst,C and may not be materially changed or cancelled by Lessee without the consent of Lessor. (0 1 - 10 - • 12.1 Rights on Default. In the event of default b/ Lessee, Lessee authorizes Lesur to cancel ary insurance on the Equipment ani to apply any cefunds or return premiums towards Lessee's existing indehtedn2ss to Lessn, with the excess, if any, paid to Lessee. LESSOR: Whitney Machinery, Inc- BY B. J. Livengood General Manager (Title) LESSEE: X By (Title) 2 APPROVED AS TO F06M qq DEC P 1 ign av m, xm roR woh axc a.a ga10rla4 ASSIGNIENT TD: JDFN DMRE LEASING C"ANY For value received Lessor hereby sells, assigns and transfers this Lease to JOHN DEERE LEASING COPGANY and its assigns pursuant to the terms and conditions of the applicable John Deere Industrial Dealer Leasing Agrees*nt now in effect between us, together with all right, title and interest in and to the equipment vnidn in the subject of this Lease. DRIE DEALER SIGNED BY C r1 lJ E V=SE NJ. cC9i:8Ii .. 11%i ?^ tr IFSIDtAWE: Lessee does _ _ do not wait leal:e payments to SneLide cost o' phyc.:r '._,rr- rsurance to be purchased by Deno.. ,nabure of Lessee `J DESCRIPf:Jt7 OF E{1JrPfc SF. AL t)O. John Deere Wheel - ractor, Model 401D, '.d.th iceman Model RGO -i Rotori Mower \J 4 E X H I B I T 8 P A Y M E R T . S C H E D U L E TRW a LEASE: _ E -MSEE: LEASE W AMXWr APPLIED AMXKT OF PAYKM A4XW APPLIED 70 IVIEP?ST AT TOTAL TCRMINATION/ DATE TO PRINCIPAL % PAYMDM OPTION PRICE E 0 . - 44 r x H t` PST P A Y M E N T S C H E D U L E TEPM CF LEASE: 60 MONTHS 0 PAYMENT -DATE JAN 4 FES 84 MAR 54 APR 5+ MAY 04 JUN 04 JUL S� AU:• A4 SEP 34 OCT 94 Nnv 84 DEC 34 JAN A' F 95 4. A Mr uN 05 L J UG 05 SEP 85 OCT 95 NOV S9 UEC 8S JAN 06 F.:B 96 YA.P 86 AP, 96 MAV 36 J W. 96 JUL 96 AUC 36 SEP 06 OCT 36 NOV F6 ')EC H6 JAN 07 FE? 87 MA- 97 APR 97 MAY 37 JUN 37 JUL 57 wG 87 P 87 AMOUNT APPLIED _T ILP I t taj AL LESSEE: CITY OF RANCHO CUCAMONGA LEASE NO. 000 -00 -0000 LA AMOUNT APPLIED AMOUNT OF TO INTEPEST AT TOTAL TERMINATION/ •9 002 PAYMENT RallON PRICE 0.00 769.95 77.459.02 760.45 249.59 769.95 36.939.46 520.36 246.17 769.95 36.415.64 523.82 242.64 769.95 35.888.32 327.31 239.12 769.95 35.757.50 5!0.83 235.55 765.95 34.823.13 534.77 232.02 769.95 34.285.23 $37.91 22B.44 769.95 33.743.70 541.51 224.83 7b9.9:. 33.198.58 .45.12 221.20 '69.95 32.649.83 548.75 217.54 759.95 72.097.42 552.41 217.86 769.95 31.541.73 556.09 210.16 769.95 70.961.54 559.79 206.43 769.95 70.410.02 53.02 202.67 769.95 29.850.74 567.29 198.09 769.95 29.279.69 571.06 195.0'. 769.95 29.704.83 574.86 191.26 769.95 28.126.14 ,,75.69 .87.40 769.95 27.543.59 98:.55 183.42 766.95 26.957.16 780.43 179.61 769.95 26.366.52 540.34 179.78 769.95 25.772.55 594.27 171.72 769.95 25.174.33 599.27 167.74 769.99 24.972.81 502.21 163.72 769.95 23.965.80 50..27 159.SZ 769.95 03.355.62 .17.27 769.95 22.741.1B .14.33 155.62 109.91 22.122.06 12'4_ • 151.52 769.99 21.�00.J1 22.55 147.47 769.95 23.873.62 123 .69 147.26 765.96 '_].242.75 :33'07 139.05 765.95 19.607.67 t35.07 134.93 799.95 t9.968.37 !39.31 130.94 7.9.95 19.324.80 517.56 126.]9 759.95 17.676.95 0% 17.95 122.10 717.75 769.95 17.024.70 0.2.1/ 777.95 16.369.27 6'0.51 113.44 109.06 769.95 15.707.39 6!0.89 104.65 761.95 15.042.08 8(5.29 100.22 769.95 14.372.36 t79.73 95.76 7b9.95 13.695.17 67.•19 91.27 769.95 13.019.49 t71.65 86.75 769.95 12.316.29 b8 .20 02.20 769.95 11.648.53 607.75 77.61 769.95 10.956.20 692.34 ♦4r CONTINUED 4N E X H 1 8 1 T R P A Y M E N T S C H E D U L E TERM OF LEASE! 60 MONTHS LESSEE: CITY OF RANCHO CUCAMONGA S LEASE NO. 000 -00 -0000 LA PAYMENT 0 C 67 NOV 87 DEC 87 JAN 88 F:8 08 MAR 88 APR 88 4AY 58 JUN nR JUL 88 AUG 38 SEP 38 OCT 88 NOV 09 0 a 98 AMOUNT APPLIED TO PRINCIPAL b96.95 701.59 706.27 710.77 715.71 720.40 725.28 730.11 734.98 739.87 744.30 749.77 754.76 759.79 764.85 AMOUNT APPLIED TO INTEREST AT 9.002 77.00 68.36 63.68 58.98 54.24 49.47 44.67 39.34 34.97 30.08 25.15 20.18 15.19 10.16 5.10 - �8 TOTAL PA YME14T 769.95 769.95 769.95 769.95 769.95 769.95 769.95 769.95 769.95 769.95 769.95 769.95 709.95 769.95 7b9. 73 AMOUNT OF TERMINATICN/ Q'LION PRICE 10.259.25 9.$57.65 8,851.39 !.140.41 7,424.70 0.704.22 5.976.74 5.248.83 4.513.85 3.773.78 3.0291.17 2.279.41 1.524.64 764.85 0.00 et Ito AG —rL% P THIS A.GRMM, nude and entered into this 8 _ day of December, 1983, by and between the CITY OF RAIZIT3 OXA`YNaA, CAL1FMIA, a 1- imicipal corporation, hereinafter referred to as "City" and RC UM CCM'A^lY, a California general partnership, hereinafter referred to as 'Teveloper ", provides as follows: REC= UIE E1S, Developer desired 'o ;..aplete the improvements required for the subdivision of certain real property in the City shown on conditionally approved Tentative Tract Map Ho. 119341 UI ERFAS, one of the conditions of approval of Tentative Tract Map No. 11934 is clue adequate flood protection facilities be provided, t7NERE1S, the Corps of Engineers and the Federal Emergency M.anage- nent Agency has determined that said adequate flood protection requires the acquisition and construction of a training levee to provide protection from , possible outbreak of the east levee of the Day Creek Spreading Grounds and to remove Tentative Tract Ho 11934 from the Flood Plain Zone UNE(FAS, the training levee is required north of Highland Avenue, in the unincorporated area, but is necessary for the safety and protection of area within the City of Rancho Cucsmunga. k4iMAS, Ciry is willing to acquire the right -of -way for the train- ing levee across t`ie property described in Exhibit "A" and "B'', at the present time, only if Developer agrees to pay all costs of acquiring said right -of -way, NOW, THEREFORE, City and Developer agree as follows: (1) Developer shall use its best efforts to acqu'__e, by appnpriate means, an eastmenc for construction and maratenance of the training levee across the property described in Exhibit "A" and "B" attached hereto. 6 (2) If Developer is unaole to acquire easement after using its best efforts, City shall use its best efforts to acquire by appropriate proceedings, including eminent domain proceedings if necessary, said easement (3) Developer may utilize said easement, when accused for the construction of a training levee, in order to satisfy the flood protection conditions of Tentative TYact ho. 11934. The location. design and constsvc- tion of said training levee wit):n said easement shall conform to 411 City and appropriate govenmrntal agencies' requirerents therefor (4) All costs of acquiring the aforesaid easerent shall be borne by the Developer Said costs shall include, b:= stall not be limited to, just campensation for :he property acquired including severance da:ages, if any, litigation expenses and damages upon dis"dssal or defeat of right to cake, appraisals, acquisition agent expenses, legal fees, and court costs Any settlement which exceeds 115% of the appraised value shall be approved by tta :n =--.lope (5) I•mwlia.ely upon the execution of this Agree;=c, Developer shall maw: a payment on account to the City in the sum of $3,000 00 This sun. and any other deposit with the City, may be used for any purpose ccn- tamplated by this Agreement ;6) Prior to the filing of a camplaint in eminent damn for the purpose of acquiring the easecent herein described, Developer Shall deposit with the City the probable mr=t of crnpetnsation, based on an appraisal, that will be awarded in the proceeding, together with an additional sun equal to 152 of the probable mount of compensation. Said out -it, and additions thereto while in the control of the City, will be kept in an interest bearing account (J) In the event additional manics are necessary in order to carple-a the acquisition contaVlaced by this Agreernt, Developer shall deposit the • ame with the City within fifteen (15) dayq after demand is made therefor -2- —70 0 0 (7) (cant ) Without in any way limiting the foregoing, within fifteen (15) days after entry of Judgment, or other oreer, in my eninent domain proceeding, Developer ehall deposit with the City an amount of money sufficient to enable the City to nice said payment (8) absequt-nt to the conclusion of all proceedings cctit: Plared by this Agreement. City shall return any unused portion of Developer's deposits including interest thereon to Developer. (9) This Agreement shall be binduy Rd shall inure tp the benefit of successors and assigns of the parties hereto. (10) Time is of the essence of this Agreamnt (11) This Agreement may be modified or a:ended only by an instru- ment in writing executed by both parties (12) In the event either party is required to commence legal action to secure performance by the other party of any of the provisions of this Agreement, the prevailing party in such litigation shall be entitled to recover court costs and reasonable atton eys fees Ih WITNFSS WBE.REOF, the parties have executed this Agreement on the day and year first above written. Amt, WE CEr 211983 r/ !• / W r: t AC LANM COMPANY a California General Partnership BY: TIE 141IS MI LYON IXl" .N"i as General Partner/ en or ce nee ent B' S e President CITY OF 8ANM C=DIrA BY: Fay�or 511 ;0/7w'*V1LLL01 LYON' 19 CORPORATE PLAZA, P 0 BOX 7320. NEWPORT BEACH CA 92660 • (7141 833-3606 Decerber 12, 1983 �1v } 1 (l5�)Sd3 Cc a[ Mx Robert E Daugherty • Attorney at Law for the City Rancho Cucamgga of j, 1131 West Sixth Street Suite 300 Ontario, CA 91762 ! PE: Training Levee for Protection of 1 'rac -- 11934, 12944, 12045 and 12046 l Lrar Mr Doi *.erty: Artac'-ci. -e =hree fully executed cop's of :.e Agreement regarding the Training L.:vc). Also attached is a c',eck in the moult of 53,000.00 payable to the City of Rancho Cucaarmaa We would appreciate it if you • would proceed with the condemation +.s ew)ed ;iOLSLY as possible as -4e will be looking to deliver hones %bich w111 teed to be protected by this facility in :larch of 1984. If you have any questions or if there s anything we can do co help with the process, please let us (mew Sincerely, Th3: 'MLIAM LYDN CL4IPAIN"t 'I, Vice Presidenc Treasurer Attachments RSR /jj CC: k Lloyd 8 Hubbs tt: Gary Mechling P S Afcet signat-ure, please return one fully executed copy of the Agreement REAL PSTATE 'DEVELOoMENT - �2 0 ' OA'.t (MOUNT T i CIiY OF RA•C�(0 CUCANONGA Det i5, 1983 $3,000.00 OMOLR OF �. 00035650 I:L220007711: 4505 '3 45Y' F R c LAMO CO.,.", ocucM •NO av ON TNO sTTn MINT •.o• a[••aa•DOIYLL ZOOM I WCO V•, a •,u• _u va ONT{ N,IL cc P OL {L L,IT�OM YOYN♦ } r c L. \.D C0UP%V7 r •NT�CYY• {• 3565 10 COnPORATE mazA o-rnc«na.wN.MaN, UN'ON OANY. 514•839.0000 tm { Mr Y, o-.w U IN M 1� NEWPORT n6ACIL CA 05000 R NUM — '` PAY ,,qq EXACTLY +•• {•i •' �� 6PAY 53 ,0C-0.00 ' OA'.t (MOUNT T i CIiY OF RA•C�(0 CUCANONGA Det i5, 1983 $3,000.00 OMOLR OF �. 00035650 I:L220007711: 4505 '3 45Y' F R c LAMO CO.,.", ocucM •NO av ON TNO sTTn MINT •.o• a[••aa•DOIYLL ZOOM I WCO V•, a •,u• _u va ONT{ N,IL cc P OL {L L,IT�OM YOYN♦ O {OYOT,ON• F {T 1YOVN1 r •NT�CYY• {• YOYN♦ F007HI S H F H ENT R B 53 ,0C-0.00 9 � A � M E M O R A N D U M • TO: Lauren M. Wasserman, City Mancger, and 43,oyd D. Hubbs, City Engineer FROM: Robert E. Dougherty, City Attorney DATE: December 21, 1983 RE: Trainint' Levee for Protection of Tracts 11934, 12044.L_12045 and 12046. Enclosed please find quadruplicate originals of a proposed Agreement between the City of Rancho Cuca;nonga, California, and the RC Land Company re ative to the condemnation of property for the purpose of constructing a training levee to provide protection from a possible outbreak cf the east levee of the Day Creek Spreading Grounds and to remove Tentative Tract Nu. 11934 from the Flood Plain Zone Also erclosed is PC Land Company's check in the sum of $3,000 00, which check is Issued pursuant to paragraph 5 of the Agreement The Agreement should bi presented to the City Council for approval and execution and theteafter a fully signed copy of the Agreement should be returned to The William Lyon Company. Also, please provide me with a photocopy of a signed original for my file. Onco.t he City Council approves the Agreement, ther, the first step is to c tain ap raisels of the parnels which the City seeks to acquire Since the time we last commenced an eminent domain action, there has been a chanage in State law effecting t:,e proce- dure_ which we must follow. Government Code 57267.2 now requires that "Prior to adopting a Resolution of Necessity and ini- -1- tiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established. in no event shall such amount be less than the public entity's approved appraisal of the fair market value of the property " . once the City Council approves the Agreement I will contact Difilipco 6 Company, Real Estate Appraisers, and I will ask them to perform the required appraisals assuming that their schedule will permit them to do so promptly. You may recall that Difilippo ' b Company performed appraisals for the City in connection with r Assessment District 82 -1. However, if Difilippo s Company cannot perform a vraisals p. prom -tly, I will shop around in an effort to locate a competent appraiser who can. In the meantime, Lloyd, please check the letest equalized county assessment roll and provide me with the name and address of each owner of record of the subject parcels RED:sjo Enclosures cc: Mr. Richard S. Robinson, Vice President /Treasurer The William Lyon Company -2- • - n5 U �) CITY OF RANCHO CUCAMONGA STAFF REPORT PATE: January 4, 1994 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering •rchnician ..a 1977 SUBJECT: Acceptance of CC &R's and release of Agreement between the City of Rancho Cucamonga and Tac Development to provide CC &R's prior to issuance of occupancy permits for Tract 11144 On May 25, 1983, City Council approved the attached agreement allowing Tract 11144 to provide CC &R's prior to occupancy rather than prior to recordation The CC &R's have now been submitted and have been approved by the City Attorney Attached is a release of agreement form to be recorded along with the CC &R's. RECOMMENDATION: It is recommended that City Council adopt the attached resolution releasing the above described agreement and authorizing the City Clerk to record the release agreement. Respect'ully submitte LBH BK: c Attachments g3_:2z,S • RESOLUTION NO. 81- 84 =06CR — El A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA TO RELEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TAC OEVELOPHENT AS RECORDED ON AUGUST 17, 1983 AS DOCUMENT NO. 83- 189766 WHEREAS, the City Council of the City of Rancho Cucamonga accepted an agreement between the City and TAC Development Corp. on May 26, 1983; and WHEREAS, said agremment was recorded In official records of San Bern rdino County, California on August 17, 1983, as Document No. 83- 189766; and WHEREAS, said agreement 1s no longer required. N'!W, THEREFOE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga uoes hereby release said agreement and that the City Clerk shall cause a release agreement to be recorded in the office of the County Recorder of San Bernardino County, State of California P. O. Sox 607 kancho Gucamase• CA 91730 Amumm -RT THIS AGREEMENT is enticed lntu this 26 day of Mme, 19y, and is to be effective that date, regarTlass of the date of execution hereof, and is by and betwun the City of Rancho Cu- smangs, a municipal corporation (hereinafter aometlmas rofccred co as 'City') and TAC Development Cor ration (h et. i As ter aometlmas [.[err. to ns Deva opn ) - WHEREAS, DevalOPer has purchased or will purchaser! a proximately fl "e arras, more or less, located generally y oQ yl..yard Awe Toitn o[ Arrow N �, Rancho Cucamonga (Me Tiro cart 1 an WHEREAS, Developer has proctwead and received tentative common approval from 31un1 esr City and vaclop$trecreat. nal alreas� cone ict,ng Of open space and private street$ In the Pto)eati and WHEREAS, in connectlon with tentative approval by the CIO the City has n I n %rely approved to ll ow tract a (condomi (condominium pojecc as and site plan 1 townhouse projeet D arena un t dwelopment)O and NREREi93� t the time of retardation of the final tract map for Tract __4 it is anticipated that DoweloPa. will be the owner of the Projwctl and WHEREAS, as a condition precedent to approval of the tentative tract map and cite plan, the City has made cwctaln conditions and requirements regarding recordation of Covenants, Conditions and Restrictions Ihocelnafcer sometimes referred to as •CC6P's') to be recorded with the said final map which may incorporate cettain special building features to be provided by Developer in the project, and WHEREAS, the final tract Sag for Tract IWrauet be recordee, as anon as possible to allow ccmmsnc.nenc or construction of chip Project, and WHEREAS, 1/1 without desire$ to record recordationa otract the CC&RY Tract No. , because rev aw of e. sometimes a the coed to California -DAX-ment of Rut Estate (Aare oaf ts: eomired as refer cod to a. 'DRC'1 will most be aeeomDllshad prior to required ad date to' the of the final tract map for Tract 1 1111• O and ' WHEREAS, City and Developer device to enter into this Agreement to provide assurance to City that no occupancy perm t for a issued ntil cosec of CCtS'a has been approved the Project and accept lCRUP 83- 189766 a— d= .dhiEL .r. 1231 : j7 FN 2 �? � ,•A7 ca 5.00 CAL r rSCORDED REQUESTED BY AND A WHEN RECORDED RETURN TOO City Clerk, City of Rancho Cu ^.nmonga JrT•, P. O. Sox 607 kancho Gucamase• CA 91730 Amumm -RT THIS AGREEMENT is enticed lntu this 26 day of Mme, 19y, and is to be effective that date, regarTlass of the date of execution hereof, and is by and betwun the City of Rancho Cu- smangs, a municipal corporation (hereinafter aometlmas rofccred co as 'City') and TAC Development Cor ration (h et. i As ter aometlmas [.[err. to ns Deva opn ) - WHEREAS, DevalOPer has purchased or will purchaser! a proximately fl "e arras, more or less, located generally y oQ yl..yard Awe Toitn o[ Arrow N �, Rancho Cucamonga (Me Tiro cart 1 an WHEREAS, Developer has proctwead and received tentative common approval from 31un1 esr City and vaclop$trecreat. nal alreas� cone ict,ng Of open space and private street$ In the Pto)eati and WHEREAS, in connectlon with tentative approval by the CIO the City has n I n %rely approved to ll ow tract a (condomi (condominium pojecc as and site plan 1 townhouse projeet D arena un t dwelopment)O and NREREi93� t the time of retardation of the final tract map for Tract __4 it is anticipated that DoweloPa. will be the owner of the Projwctl and WHEREAS, as a condition precedent to approval of the tentative tract map and cite plan, the City has made cwctaln conditions and requirements regarding recordation of Covenants, Conditions and Restrictions Ihocelnafcer sometimes referred to as •CC6P's') to be recorded with the said final map which may incorporate cettain special building features to be provided by Developer in the project, and WHEREAS, the final tract Sag for Tract IWrauet be recordee, as anon as possible to allow ccmmsnc.nenc or construction of chip Project, and WHEREAS, 1/1 without desire$ to record recordationa otract the CC&RY Tract No. , because rev aw of e. sometimes a the coed to California -DAX-ment of Rut Estate (Aare oaf ts: eomired as refer cod to a. 'DRC'1 will most be aeeomDllshad prior to required ad date to' the of the final tract map for Tract 1 1111• O and ' WHEREAS, City and Developer device to enter into this Agreement to provide assurance to City that no occupancy perm t for a issued ntil cosec of CCtS'a has been approved the Project and accept lCRUP I .. C: , ,he r -L Cofap: permanent t111tiean to thnlunits olr home' [bee orce raeorl Aatup Iaclon•oG said CCtR'a approved uY Clcyt C NOM, IULREPORE, the marries haeeto a,rec as fo110re+ I, prior to any obligation an the part of City to issue or co allow eh° ce'UPA Dernite for the Project Plan Inpn /rams o !n call[ anea with final Tract Mapatmlanant utilities toile units or homes In Permanent hookup of P AOld Tract, Developer vdll City deposit with e C ° at of propose ,oval. ratchet, said CCaR'a must be CCiR'e. and will ca[clty to City tons the CCaA'e oo deposited have racs1 red ORE apP acceptable to and approved by City and it e legal counsel and I occle for Prior to City-9 hookuDe for the Pca Issue- occuDSncY parmlts o[ , The sadd CC aR., will incorporate therein any •Pedal 2 ane he cequl[C&' which have been required by the City conditions 1 or Sts planning Commiaslon o[ City Council. for Tract 1, ire after recordation cf the final traot ea D ' 1144 there slaP•r qu anYt °uccessoc In lnterdst to acreage l lea [•quest by ells Or Sent will be crnewlled and C^: CiC edane the property, d this nt to flat sf fast e:aeucad by [wording ° Developer or Day..JDe['s such ore Sn Lnco [ovaleu[en cut dif futons co to Once CCt R's precedent to such cmvaralon to aereaga or ap iCOS a Ot aubddvielon and tae [owde by Cha pOAR shall have been utlsfaetory to the CItY PP received by the city for roeordacion and raeorded, ens Cioy an Develops[ or its suc chat crhu eondl •ions of ChLavAO9e °Ocan ^.elled, documant daeA ..A 11 Olen •atlalied and that ands Agreement Ss null, and of na further lame and effect. WHEREFORE, this Agreement is ssecuced Ma day and year first Above written iAC DEVELOPMENT CO1PORAT101ITY OF RANCHO CUCAMONOA DEVELOPER EY+ •�.� –�–�� EY+ t o c o cy o Pr 'dent Catneho CueAmonga ATTEST }7 an JlM 6 S41 STATE OF CALIFORNIA sa a —amviw Iru 1 COUNTY OP SAN DEPdMINO I uero as+ahunw� l ad, a + Ig betor eseanally Not Y l0u+c n an or se d CouOtY nd State, P and . proved to ma ePPeaced sac s accory ev once •m b" e respectively, I on cos bee a o 0secured this, Instrument rho Cucaman9aYOand and acknovledged to me that tho of the City a] r 2 G 0 3 city of RalLcho Cucamonga executed It- WITNESS my hand and ofifcLl se 1. Cr H Nocec Pub Lc Ip • .wo .YLO ,.� au a.w..a �wm 141eoiC411n VI 4 L'Ol \tY Of l o" Ldme IM. wrlW ps a.uN d M elan _ nn.vu..IronH (EU lLYO Lr,fJ/){L TF,V: Fi/ i C11KIAl WL .0 YyNl •M nmW .b• f nn.lry. .wrn.ry wwL.4Yd Y. T.M+ ..Qlv^v � I rOIIYNSw yO LNLn Wlw W Owwuu 4JV FOR NOIARY sm on VAMP 3 RECORDED REOOESTEO sy AND WHEN RECORDED RETURN TO, City Clark, City of Rancho Cucamonga hEVOCATION. RELEASE. SATISPACTION AND CANCELLATION OP AGREEMENT F1 WHEREAS, the Agreement provides in parag:sph 1 thereof that once CCa R's are approvad by the Department of Real Estate and are satisfactory to and approved by City and have been recorded, City and Developer or its successor in interest shall execute and record a document declar Ing that the conditions have been satisfied and that the Agreement is nu ', voLl, cancelled, satis- fied and of nu Cvrther force and effete, and WHEREAS, all conditions precedent to the Agreement or its cancellation have been met? NON, THEREFORe, the parties hereto agree as follow*, 1. That certain Agreement dated Rjy 26, 1911 174 recorded as document No. 81- 169766 on August 17 , 1983, official — Records of San 8w[nordlno County, California, is hereby and shall be hence- forth null. void, cancelled, released and of no further force and offset and City hereby declares that all of the conditions hareo! have been satisfied by Developer. 81 THIS REVOCATION, RELEASC, SATISFACTION AND CANCELLATION OP AGREEMENT is entered Into this e." day Of and is W be effective dace, sof' that wager dlesa of kee do 0 erecutlan hereof, and is by and between the City of Rancho Cucamonga, municipal corporation (hereinafter sometimes referred to as 'City') and TAC DEVELOPMENT CORP., A California corporation (here Lnefter sometimes referred to as ' Developor'), WHEREAS, City and Developer entered Into an agreement dated August . 1907, recorded as document No, on 17, 198 , Official Records of San BernsrR78tu`nty. CaltfcenLa ('Agreement'), Which was to provide assurance to the City that no occupancy permit for a Work of Lmprovement Would be issued and no permanent utility hookups Could be made therefor on the PrGjecc constructed on Tract No. 11144 until the set of Covenants, Conditions and Restrictions I'CCSR's') acceptable to the City had been reviewed and recorded, and 4HERE7B, Developer le the owner and developer of the Project described In the Agreement, and WHEREAS, a set of CCa R's for the Work of improvement on Tract 1114.1 has been reviewed and approved by the City and by the California Department of Real Estate and was recorded on Aillt_171 l'$L as Document No. , Official Records -- ino of[-- San enu[ County, CaILfOrn a, an F1 WHEREAS, the Agreement provides in parag:sph 1 thereof that once CCa R's are approvad by the Department of Real Estate and are satisfactory to and approved by City and have been recorded, City and Developer or its successor in interest shall execute and record a document declar Ing that the conditions have been satisfied and that the Agreement is nu ', voLl, cancelled, satis- fied and of nu Cvrther force and effete, and WHEREAS, all conditions precedent to the Agreement or its cancellation have been met? NON, THEREFORe, the parties hereto agree as follow*, 1. That certain Agreement dated Rjy 26, 1911 174 recorded as document No. 81- 169766 on August 17 , 1983, official — Records of San 8w[nordlno County, California, is hereby and shall be hence- forth null. void, cancelled, released and of no further force and offset and City hereby declares that all of the conditions hareo! have been satisfied by Developer. 81 2. The CCa R'• for the Project constructed on Tract 11144 will and have replaced the Agreement in its entl:sty. WHEREFORE, this Agreement is executed the day and year clrsc� above vrltten. OEYEfgpER CITY OF RANCHO COCAMMOA By, ayo-1-67-MME-Y-57- Rancho Cucamonga ATTEST, STATE Of CALIFORNIA ) Lkht—uCOONTY OF 9AN BEREARDINO On , 19L3, befot . •d, a Notary Pub c n an u[ saki County and State, pe nally appeared , and proved to as on the bas s o met • aoto[y ev enu—id a tc pa the persons who executed this Instrument ai Mayor and City Clerk, respectively, of the City of Rancho Cucamonga, and acknowledged to me that the City of Rancho Cucamonga executed It. WITNESS By hand ind of Gehl seal. 2 4 ' D Y Notary PabliC 0 `J • 0 1E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 4, 1984 6L TO: City Council and.City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Intent to Annex Tracts to Lighting District No's 1 and 2 as Annexation No. 1 The attached resolutions set the Public Hearings to annex the tracts described in the Engineer's Report to the City's Lighting Maintenance Districts No 1 and No. 2 which was formed by resolution on August 3, 1983. District No 1 covers arterial street lights while District No 2 covers local street lights Engineer's reports for both districts showing the number of street lights, the number of lots to be annexed into each district and the estimated amount of assessment are attached for preliminary approval. RECOMMENDATION: It is recommended that City Council adopt the attached resolution setting the date of Public Hearing for February 1, 1984 and giving preliminary approval of the Engineer's Reports R pec ully submitted, LBH BK Attachments - g3 6 RESOLUTION NO 81.00"7CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, on January 4 1983, the City Council of the City of Rancho Cucamonga 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; and 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 :ouncil for consideration; and WHEREAS, said City 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 DE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows • SECTION 1: That the Engineer's Estimate of the Itemized costs and expenses ofsa d work and of cho incidental expenses in connection therewith, contained In said report be, and each of them are hereby, preliminarily approved and confirmed SECTION 2: That the diagram showing the Assessment Dist ^ict referred to and desccr begin said report, the boundaries of the subdivision of and within said Assessment District are hereby preliminarily approved and confirmed. F 1 �J SECTION 3: That the proposed assessment upon the subdivisions of land in said—Ts—sessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the inc.dental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed SECTION 4: That said report shall stand as the City Engineer's Report for fR purposes of all subsequent proceedings, and pursuant Co the proposed district. - ' 74 CITY OF RANCHO CUCAMONGA Engineer's Report for Streat Lighting Maintenance District No 1 Annexation No 1 SECTION 1. Authority the Streets and Highways Lade, State of California This report Is in complia nce with the requirements of Article 4, Chapter 1, (Landscaping and i htin Act of 197 "). (Landscaping and Lig 9 SECTION 2 Gererat D This City ht in Maintenance District No. 1 The City Council has Council has elected to annex the tracts enumerated in Exhibit "A° into Street Lighting all lots within said tracts as well as on the lots directly abutting ing the d will have an effect u determined that the street lights to be maintain e street lights with the assessments established by the district work to be provided for are: The furnishing of services and materials for the ordinary and usual Improvement maintenance is maintenance, operating and servicing of street light improvements on co st arterial cnd certain collector streets ImD considered dd of i dgedneorialabeDer lott basis areas ln the the ease District of condominiums with airspace diva ownership only . and apartments, a dwelling unit shall be considered to benefit the same as a lot SECTION 3 Plzns and Specifications The Plans and specification, f-' street lighting have stipulated i prepared conditions developers The Plans and street lights are roved by the in the a Engineering of approval for the development and as app or development Division Reference is hereby made to the subject tract map plan and the assessment sdiaificationshfort reethlsigreport tI timprovement mer on the for areas. The plans ent is hereby made a D of individual said plans pm as if said Deans and specifics were attached hereto Detailed maintenance act.v,:fes on the street lighting district removal or replacement of all or any part of include the repair, any improvement. providing for the illumination of the subject are SECTION 4 Estimated Costs g improvement rovement construction. No costs will be incurred for street li pers. Based uonoavailable betas for lssesment All improvements will be constructed by will it 1s estimated that maintenance estimated only, actualpassessments wilt be indicated below. based on actual cost data. SS 0 • The estimated total cost for Lighting Maintenance District No. 1 (including Annexation No. 1 comprised of 463 lots and 16 9500L street lights and /or 11 SBOOL lights) is shown below: 1 S C.E. Maintenance and Energy: Lamp Size- uanEl ty ate•* 9bOOL 64 5800L 56 8.75 -High ressure Sodium Vapor Lamps Rate Mo_'s Total 84 X 9.90 X 12 9,979 10 56 x 8.75 X 12 • 5,880.00 2 Costs per duelling Unit: Total Annual Maintenance Cost 15,859 20 • 8.41 /year /unit No o Un is n s r ct Idag 8.41 divided by 12 • 0.7 ":rao.!upit Assessment shall apply to each lot as explained in Section 6. SECTION 5 Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. •, Annexation No 1. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the numbe, of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report _ gb 3 City Countll adopts Resolution of Intention to annex to District and sets n public hearing considers all testimony q City Council conducts Public hearing. determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council and 6. Every year in June, the Croves the lindividual5assessments hearing approves, or mcdif /es and apP I'\ U 11 I 7 11 .I L EXHIBIT "A` Properties and improvements to be included within Annexation No 1 of Street Lighting Maintenance District 1: Tract No No. of Dwelling Snits Arterial Lights 12023 33 0 12024 34 0 12025 40 0 12184 32 0 11173 -1 70 5 11173 47 8 11144 62 2 12237 12237 -1 12237.2 86 11 12305 59 2 - - FS ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 1 TR 12023 TR 12024 TR 12025 o` %\t C1TY OF RANCHO CTc ^,A][d1?z7A T ` COUNTY OP SAN BERNAP.D9, • � 3 STATE OP CALIPORNIA rL s �m 1L0Y0 hUB53 CITY E I. R R 2354! DAT +. mr mf ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE. DISTRICT NO.I ANHKXATIQN N0. 1 TR 12184 I t r i I �N .. Ci'Y OF - tANCHO CUC.AMONGA COUNTY 01► SAN BERNARDINO ECj L i` fTMR 01 CALIFORNIA �j m L10Y0 MUEPS CITY E I R R 23889 DIRE ��j . _ 0 tlt ASSESSMEt IT DIAGRAM STREET LIGHTING MAIM 'ENANCE DISTRICT NO. 1 ANN[%ATION XO• 1 11173 5 11173 -1 i J i_ - -_. title; CITY OF RANCHO CUCAli[ONOA � = 'S COUNTY 01 2M BZRNARDWO _ i� BTATE OF CAMOW" - _N ' °�� IL im LLO'10 Wms C TY l 11 11 '3 ASSESSMENT b1AGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 1 TR 11144 CITY OF nANCHO CUCAMONGA r COUNTY OF SAN BERNARDINO i3 1' �, NSTATE O acCALIFORM oAiE ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.I ANNKXATION NO. 7 S 12231, -1 and -2 CITY OF RANCHO CUCAMONGA tit1e' f� lr�t COUNTY 0! SAN 1BERNARDINO BTATS OF CALIFORNIA m LLOYD RMS CITY ENOIKER aC 2 dRE AS -RESSMENT nIAGRAM STREET LIGh'6lNQ MAINTENANCE DISTRICT NO.1 ANNEXATION NO. I Tr 12305 " crff OF RANCHO CUCAMONGA .�� COUNTY Oi SAN BERNARDINO ,I FlP nl OF CALIIrORNIA T 666m555SSS LIUYO YU889 CITY E I 11 R 2 ORE l�) _ n PW F3 -2-2-1 RESULUTION NO.-Oi -04-1175ER • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA OECLFRING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT ANNEXATIO N AS ANNEXATION DINO.IC : 1 TO DESIGNATING STREET LIGHTING ktNINTENANCE LIGHTING ACTR OF 1972 AND PURSUANT TO O F T LANDSCAPING FER N I G A ME AND AND PLACE FOR - HEARING 05JECTIONS THERETO Council of the City of NON, Th�oursua tEtoTtheSOproovisions the of the Landscaping and Lighting Rancho Cucamonga, Act of 1972, betry 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 maintenance district and the of Rancho Cucamonga Council and operation of those street lights the boundaries of the proposed maintenance district Includes the described hereof. and supervisf n of any lighting mant. trelated and il operation ties in connection with said district. SECTION 2. Location of work: The foregoing described work is to be located wT`fh n roadway rig t -o -way 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. 1 to Street Lighting Maintenance District No. 1 ". SECTION 3. Descri ticn of Assessment District: That the contemolate nor in the opin�c sa tv eunci s o 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 1 to Street Lighting Maintenance District No. In maps is on file in the office of the City Clerk of said City SECTION 4. Report of Engineer: The City Council of said City by Resolution o. as approv a report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment tones, titled "Engineer's Report, Street Lighting Maintenance District No 1" is an file in the office of the City Clerk of said City. A Reference to said report is hereby mad, rol •il Particulars for the amount and tit extent of the assessments and for the ext . the work. SECTION S. Collection of Assessments: The assessment shall be . collect asame me an n Sam 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 to June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice 1s hereby given that on Febraary I; IR4, a e our o 0 pnn the City Council Chambers at 9161 Base Line, in tl a 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 t•ereof is interested, sufficirnt to identify the same, and must be delivere( to the City Clerk of said City prlo- 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 act "anied by written evidence that such signer 1s the owner of the property -abed. SECTION 7. Landscaping and Lighht,; Act of 1972: All the work herein propose- serial l 'He one and Carr ed rough 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 S the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall to mage pursuan o ec on o e nvernmen Lode. Tne 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 10 days oefore the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of ntar o, a urn la, and circulated 1n the City of Rancho Cucamonga, California. s Z RESOLUTION NO. 5CR • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY' APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. : TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 IV WHEREAS, on January 4, 1984, the City Council of the City of Rancno Cucamonga airected 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 1912; and WHEREA°_, 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; and WHEREAS, said City 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 chat said report, nor any part thereof, requires or mould be modlf!e^ in .,ny respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemizeu costs and expenses 'T saf -work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagrm 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. SECTION 3: That the proposed assessment up... the subdivisions of land in sa Assessment District in proportion to the estimated benefit to be received by said subaivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for�fh —e purposes of all subsequent proceedings, and pursuant to the proposed district. CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District flo. 2 Annexation No 1 SECTION 1, Authority for Report This report 1s to 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 This City Council has elected to annex the tracts enumerated in Exhibit "As Into Street Lighting Maintenance District No. 2 The City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street tights. are: work to be provided for with the assessments es.abllshed by the district The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements_ on local residential streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with ,irspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3, Plans and Specifications The plans and specifications for street lighting have been prepared by the developers The plans and street lights are as stipulated in the conditions of approval for the development and as approved by ;he City Engineering Division Reference is hereby made to the subject tract map or development Plan and The plans ssandtspecificationsh forxstreetcaliightt g the provementliontthe individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto Detailed maintenance activities on the street 1191ting district Include- the repair, removal or replacerent of all or any part of any improvement, providing for the illunination of the subject area. SECTION 4, Estimated Costs No costs will be Incurred for street lighting improvement construction, All improvements will be constructed by cevelopers. Based on available data, estimated that maintenance Purposes indicated below. These costs are estimated only, actual ssessmentsl will be based on actual cost data. C) 0 The estimated total cost for Lighting Maintenance District 113. 2 (including Annexation No. 1 comprised of 118 lots and 41 street lights) is shown below: 1. S.C.E. Maintenance and Energy: ram- p ze want y Rate** 3660E TR g ressure o um apor * *SCE Schedule LS -1. All night service per map per month, effective January 1, 1983. Lamps Rate MO'S Total 193 X 8.15 X 12 $10,265.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost • 20,265.00 _ • 34.30 /year /unit —901-07 n is n str, [t 34.30 divided by 12 • 2.86 /mo. /unit Assessment shall apply to each lot as explained in Section 6. SECTION 5. Assessment 0lagrar.. Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2", Annexatio^ No. 1. These diagrams are hereby 4ncorporated within the text of this 'port SECTION 6. Assessment Improvement for the District are foune, to be of general bene'it to all dwelling units within the District and that assessment shall oe equsl for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be anntxed to the District SECTION ' Order of Events 1 City Council adopts resolution instituting proceedings. 2 City Council adopts Resolution of Preliminary Approval of City j.ngineer's Report. 3. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5 Every year In May, the City Engineer files a report with the City Council 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessn, nts. • E ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATIOM N0. t Zn ` 4s Crff OF RANCHO CUCAMONGA � .— COUNTY OF S#y MNARDINO a'rATS Oa CALIlORNIA �T PW m LlOTD qUl is 6iTY E i R R 2 ATE � �'• w TRACTS 12231. 12237 -237- 1 and 1 ^" �� .•' �� 12237 -2 m �. - J. _� ` 4s Crff OF RANCHO CUCAMONGA � .— COUNTY OF S#y MNARDINO a'rATS Oa CALIlORNIA �T PW m LlOTD qUl is 6iTY E i R R 2 ATE ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 ANNEXATION NO, t TR 12184 — I -- I � 1 I -i it m" CITY OF RANCHO CLICAMONGA Fpatte �tJiiTY OF SAN BSRP7ARDINO `t i; BTAM OF CALIFORNIA ,1 Im LLOYD IUOSS CITY ENGINEER RCE aft tvic • EXHIBIT "A" E 21 Properties and improvements to be included within Annexation No. 1 of Street Lighting Maintenance District 2: Tract Nos. No. of Dwelling Units Local Lights 12184 32 1 12237 12237 -1 12237 -2 86 30 s 3_229 RESOLUTION N0. IIrII4 =64CR A RESOLUTION OF -HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER •HE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND L ATING ACT OF 1972 AND OFFERING A TIME AND PLAL° FOR HEARING OBJECTIONS THERETO NON, 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 requ re and -Tt— s e 7ntention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street li.lats the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and ope -ation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to be located w-TthTn—roadway r gg t=of -wy 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. 1 to Street Lighting Maintenance District No. 20. SECTION 3. Descri Lion of Assessment District: That the contempla wor , n the op n on of said i y Counci I. s o 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 1 to Street Lighting Maintenance District No. 2" naps is on file to the office of the City Clerk of said City. SECTION 4. Report of En in�eer: Tne City Council of said City by Resolution N� o. - has approved of the engineer of work which report indicates the .unouot of the proposed assessment, the district boundary, assessmk,.c zone., titled "Engineer's Report, Street Lighting Maintenance District No. 2" Is on file in the office of the City Clerk of said City. ® Reference to sal! repor, is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. - �07 SECTION S. Collection of Assessments: The assessment shall be collected at iFe same t me an n t te same manner as County fixes are ccllected. 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 tha next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice is hereby given that an FebruayT— I5[�t, aEi a our o i:30 pa fo the City Cauncii Chambtrs at 9161 Base Line, in the City of neneho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause vhy 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 Citj 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 's not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein propose Fiall eFdone a carr a 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 ma a pursuan o ec oif wig o e overnmen-L 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 10 days before the date set for the hearing, at least once to The Dall Re ort, a newspaper of general circulation published in the City of n ar o, a IT ornia, and circulated in the City of Rancho Cucamonga, California. is �J L� • ORDINANCE NO. 1 � LJ CO AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL HUMBER 202- 1E1 -27 FROM A -P COM4ERCIA�TFOR /5 44 ACRES OF LAND, GENERALLY ELOC�LD ON THE NORTHEAST CORNER OF BASE LINE AND ARCHIBALD 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. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. Assessor parcel number 202 - 181 -27, which is generally located on the northeast corner of Archibald and Base Line, and which consists of approximately 5 acres of land, is hereby amended to the NC District (Neighborhood Commercial). shall ca seCTIOe same The o Mbeopublishediwithinthis fifteenOrdinance (15)and day City Clerk its passage at least once in The Dail Re��or__t__,� a newspaper of general circulation Published in the City of Ontar o, alifornia, and -irculated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this __ day of 19—. AYES: NOES: ABSENT: —on a ski k s. Aayo� . - 10 (o • r CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 4, 1983 TO: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician i 6 'r Isn i SUBJECT: Order,ag Annexation No. 16 for Tracts 12077 -1 and 12305 to Landscape Maintenance District No. 1 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 16 to Landscape Maintenance District No. 1 for Tract 12077 -1 and 12305. Tract 12011 -1 is located on the North side of Almond at Carnelian and Is being developed by Andrew Barmakian. Tract 12305 is located on the East sidr of Hellman A.euue, North of 19th Street and is being developed by Charles Roy Construction The Public Hearing has been advertiseu and the developers navy, been notified by mail of the time and date of the public hearing. RECOMMENDATION: It Is recommended that City Council approve the attached resolution ordering the subject Annexation to Landscape Maintenance District No 1 and approving the Engineering Report Respect ully submitte , 4 LBH:BK: Attachments /01 RESOLUTION NO. * 9 3 3 0 0 A RESOLUTION OF THE CI COUNCIL OF THE CITY Or RANCHO CUCAPONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION No. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TFACi NO. 12011 -1 AND 12305 WHEREAS, th3 City Council of the City of Rancho Cucawiga aid on the 7th day of December, 1983, adopt Its Resolution of Intention No 8J. 201 to order the therein described work in connection with Anrexation No. 16 to Landscape Maintenance District No. 1, which ResoTution of Intention No 83 -201 was duly and legally published In the t:me, form and manner as required by law, shown by the Affidavit of Publication of said Resoletion of Intention on file in the office of the City Clerk, and WHEREAS, after the adoption thereof, notice of the Passage of said Resolutlon of Intention, headed "Notice of Improve^anto, was duly and legally posted In the (imp, form, manner, location, and number as required by law, as apraars from the Affidavit of Posting said notices, on file In the office of the City Clark; and WHEREAS, after the adoption thereof, notices r• the adoption of the Resolut'c f Intention were duly mailed to all person, owning real property propos, ie assessed for the Improvements described In said Resolution of Intentlo . 83 -201 accordinq 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 r,.anner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received cudsidered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be de Ived therefrom and said City Council having now acquired jurisdiction to Order the proposed work SFCTION 1. It Is hereby resolved by the City Council of the City of Pancho Cucamonga that the public Interest and convenience requires the annexation to the District and the ordering of he work, and said City Council hereby order; that the work, as set forth and described in said Resolution of Intention No. 83 -201, be done and made; and SECTION 2: Be it further resolved that the report 'tied by the Engineer s iTereTy ffnally apprL.ed; and SECTION 3: Be it further resolved that the assessments and method of assessment Tn —Elie Engineer's Report are hereby approved. ® SECTION 4: Be it finally resolved that said assessments shall not begin jntTT-a7Te—r-U percent of said tracts have been occupied. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO.16 ! �aQ`� ` CITY OF RANCHO CLCAMONCA 3 ENGINEERING DIVISION im VICINITY MAP N ,,,c 01 ,p ucot n ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.I ANNEXATION NO. t• - ?A=S.F Aw f%n M w r�A � Z �V- _' 1 i ;i ! .1 q ffs' j lk -- r I , • I w s S \l 7 1 r , n TY OF RANCHO CUCAMONriA w ENGINEERING GIVISION /w T\ VICINITY MAP l� r�0 YYI p? ;e CITY OF RANCHO CUCAMOPGA • Engineer's Report for ANNEXATION 110. 16 to the Landscape Maintenance District No. 1 TRACTS 12305 AND 12077 -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 Cod?, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts Into Landscape Maintenance District No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tracts 12305 and 12077- 1 is well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right -of -way or easraents 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 Tracts 12305 and 12077 -1. The plans and specifications for the landscaping are in confcrma,¢e with the Planning Cormission. kefererce is hereby made to the s.b3ect Tract Map and the assessment diagrams fm 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 he Incurred for parkway lmprovenent construction. All improvements will be constructed by developers. Based on historical data, contract analysts and developed work standards, it Is estimated that maintenance costs for assessment purposes will equal thirty (S.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. 4) The estimated total cost for Landscape Maintenance District No. 1 • (Including Annexation No. 16 comprised of 3,422 square feet of landscaped area) is shown below: Total Annual Maintenance Cost 5.30 % 405,729 square feet_ $121,718.70 Per Lot Annual Assessment 121 72 $45.72 Per Lot Monthly Assessment. 45.72 $3.81 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this are annexation involves frontage along arterial or collector streets, 9 for inclusion it the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled Exhibit A•, by this reference the diagram is hereby incorporated within the text of this report. SECTION 6 Assessment Improvement for Annexation No. 16 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1984 to determine the actual 1983/84 a fiscal year b which upon re are bo trecoversed through dassessments y u as required by the Landscape and Lighting Act of 1972. _ECTION 7 order of Events 1. city Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of preliminary Approval of City Engineer's Report, 3. City council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. approves, or modifies andeapproves the iilndi0dualsassess hearing and assessments. 11'" V 9 ARCHITECTS BarmldanVid f LangChrieb#w March 10, 1982 Shintu Bose Engineering Department :340 Base Line Road P.0 Box 807 Rancho Cucamonga, CA ^1730 Dear Shintu: r rr AM PM 7id19d3dh'2i112,Ct!AG E I as writing this letter in reference to tract #10277 I understand that in order to have approval for this tract I must file notice with you of my intent to join the Landscape Maintenance District #1 • This letter is to confirm in writing my intent to join Landscape Maintenance District 01 and am prepared to sign any additional documents required at such time that these are presented to me V U Thank you for your assistance in this matter (::rs ery truly, ANDREW BARMAKIAN Architect, AIA AB /bb 107AK"K;EMER 937SARWISALD RAhtSOMCAMO,4GA, G1110M1M 21730 714.997.00" ANrAv&W SAF MAIMN• LARRY WOLPF• D&E LANG• GAYLAIRD CHRISTOPHER CHARLES ROY CONSTRUCTION, INC. 3401•A East Chapman Avenue Orange, CA. 92669 (714)833.0339 November 3, 1983 City of Ran ho C.,crunonga P.O. Box 807 Rancho Cucamonga, Calif 91730 Dear Sirs: We agree to the incorporation of our project "Alta Loma Woods" T.T 12303 into the City Landscape and Lighting District(s). Charles Roy General Partner Alta Loiw Woods Associates 11 40 BACKGROUND. navember 9, 1903, the Planning Commission considered a OW Feed Development Code, the Planning LConmiss onJmayedeterminprescribed f l the ause,if not specifically listed, is similar in nature and scope to those permitted PlanningltComaissione determined t that any feeds store facility District. facility was not Etiwanda Specific The plan nature to t District rrontettherm an interim ore permanent similar basis The1Planning art 120 ission iin wnichd to erelocate the further business to extended an to the app appropriate commercial zone. RECOMMENDATION: The Planning ComnissiOr io a eE dat denial Etof Use eterm nat on 3 -03, Alta Loma Feed Store, permitted and their interimn uses in that the VLl District sof the Etiwanda with SDeclftc Plan. Re pct 11 u fitted, Rick Gomez /,,Q Lit Planner RG:GR:jr Attachments IJ IBS CITY OF RANCHO CUCAMONGA wU fob STAFF REPORT,' LL Q � p Q 2 OATS: January 4, 1984 1977 Mayor and Meker', of the City Council TO: FROM: Rick Gomez, City Planner Gary N. Richa•ds, Code Enforcement Officer By: APPEAL OF USE DETERMINATION 83 -03 - ALTA LOMA FEED STGRE - ty at 1 SUBJECT: request to eterm ne t a ee s ore ac VL District of Etiwanda Avenje is appropriate for the Etiwanda BACKGROUND. navember 9, 1903, the Planning Commission considered a OW Feed Development Code, the Planning LConmiss onJmayedeterminprescribed f l the ause,if not specifically listed, is similar in nature and scope to those permitted PlanningltComaissione determined t that any feeds store facility District. facility was not Etiwanda Specific The plan nature to t District rrontettherm an interim ore permanent similar basis The1Planning art 120 ission iin wnichd to erelocate the further business to extended an to the app appropriate commercial zone. RECOMMENDATION: The Planning ComnissiOr io a eE dat denial Etof Use eterm nat on 3 -03, Alta Loma Feed Store, permitted and their interimn uses in that the VLl District sof the Etiwanda with SDeclftc Plan. Re pct 11 u fitted, Rick Gomez /,,Q Lit Planner RG:GR:jr Attachments IJ IBS G. 20NINa ORDINANCE DETERMINATION 83 -03 - ALTA LOMA FEED STORE - A request to detarmitro if a feed store faculty is appropriate for the VL District of Etiwanda. Rick Gomez, City Planner, reviewed the staff report dnd narrated the slides which were shown of the property in question. Chairman Stout opened the meeting to receive comannts. The applicant was not present. Mr. Jim Banks, Etivanda resident, stated some people are concerned with a retail store on Etiwanda Avbr.us and his concern is with the tool that the Planning Commission is using. He indicated that the interpretation of the Etiwanda Specific Plan language is being used to authorize the store although I-. does not appear In the definition; the people who drafted the Etiwanda Specific Plan did not intend it to be them. Ha indicated that allowing a retail store here is stretching the definition and that there will be trucks parited in front of the store and it seemed to him that If they want a store there, there must be ammo other way of achieving St. Mr. Banks reiterated that if the Planning Commission can Snterp"L the language of the Specific Plan to include a retail store use, it can interpret anything in any other zone. Further, that if it is done by this method, the otter does not have to be posted or exiled. He indicated whether you want a store or not, it should not be done by interpreting the language because that will open the door to a lot of other problems. • Mr. Stout stated that it appears the applicant is not present and since this is not a public nearing item and the applicant is asking for guidance, it would serve no useful purpose to continue this. The consensus of the Commission was not to continue this item. Mr Stout stated that he felt this request is starting to stretch what is the interpretation of a similar use of commercial on a street like Etiwanda Avenue especially since It is a key street In the Etiwanda area. He further stated that he is secewhao perturbed that this use gust seemed to spring up withrut anyone knowing about it with the appearance that the applicant is now asking to ratify that decision. Chairmen Stout state` that if he wants some kind of change to commercial designation he should go through the public hearing process as this change is not a similar use. Edward gopoon, Assistant City Attorney, stated that with all due respect, Section 203, pages 5 -7, which is a joart of the Commission's package says that retail sale of products raised on the property is a permitted use and what someone is saying is there is not a whole lot of difference between retail sale of products and this use. Commissioner Sarker stated although he is able to see how something like this could happen, he is uncomfortable with the manipulative interpretation bemuse the language U fairly clear and the Commission would be establishing a percedent in allowing this use in a residential area. Panning Commission Minutes -11- Novarber 9. 1983 . II` on the Etiwanda Specific Commissioner Respel stated that when he oug working p 'e fact that the area south (. would be ideal for sore tYPe a farce ,,3 market and it he felt north of P]an he was one of the individuals who brought up of the scha1�lU type or use should be f tine than as a whole at that Le where Ylaferia• 1hi was the Intent, saylnB• time and what the residents were Would open the door to every one if this were Co mmissloner Juarez felt it allowed. Commissioner Wlijel asked how the feet store got thane. Mr Vairin explained that it was done without benefit of staff input and ccnolderation and appeared one day- Commisa loner Barker stated it would only be leaaonnb le to allow the applicant sufficient time to relocate his business. Mr. Vairin stated that normally in enforcement aitxations 90 -120 days U allowed for relocation. an agrarian Would not be opposed to having if the Commesaionthis general area because he felt it is needed but asked store In about the procedure raised by Cooission is talking permitted 1n the equestrian Commissioner Reapel stated that auah a use is not D • overlay area VL .y. comet stated :hat this use determination Sa far a feed store in a District and that other commercial of use in the Et lxanda Specific Plan could be potential altos for thi3 YP use the commission would Chat this is in conformance with some �f the temporary chairman Stout �tfa�ti� that in order to allow ch the C, have to Bake that it agricultural uses. He tap earedi that the 03misaionf is unanimous e in � that it is not similar and it appeared Is not a slnilar use. I, a sDtellleo '.ime in Much this u» should be W, Gomez asked if there abated. licant to move cooiesioner Barker stated he mould allow 120 data for the applicant into a commercial zone, licant be given 120 days The conae Which to relocate, e commission was that the eDD Juring H. DRAINAGE CONSIDEi AT10NS 1N PROJECT APPROVALS sucarized the staff report he had provided to the Mr. Bougeau briefly among the conditions for approval Of the Vista del t drainage be kept off ekisting streets and not the f ef'wood project Commission stating which was Verde subdivision was Aviceue. Bowever, to be0an building, was dirooted towa stQ stxood approved Prior Vista del Yerde and :mow ready _12- November 9, 1983 planning Commission Minutes '''' u� November 17, 1983 AT L47ION: City Clerk and nmbers of the Planning Coemission of Rancho Cucamonga I do hereby appeal the decision of the Planning Commlaslon Heating of November 9, 1983 because I don't believe it to be in accordance with City Ordinance I hereby request a hearing before the City Council concerning this matter t j 10 ,James S. Crowell, President Alta Low Feed Store, Inc. CITY OF RANCHO CUCAMONGA Ct1UA1 STAFF REPORT C o i Pi1d1NINU C"ISS, STAFF REPORT Zoning prdinan8e y- termination 83 -03 November 9, Page 2 According and that of from local farmerslwouldybet old from grain location• but only on alsmallcscale. Thee use lwould snot beeeP rmittedato The use products. of the area wo lds npresentltered due tofthis use agricultural character state RECOµyENDATtON: It is recommended that the Planntr.3 Commission consider t s reQUest and make a use determination as to whether the pr cooststent is simil0lst District nature Eto bedalwithda or Conditional Use P rmltltted xtthin with the intent of the wan ands Specific Plan and Gener•1 rlan. R itted, RG:GHR:,1r Attachments Letter From Applicant Excerpt from Etiwanda Specific Plan Vicinity Map 120 • 0 • • .1 v � o r 1 a o+ a s CITY OF RANCHO CUCAMa GA PLANNING DiVLS10N rFSU 7.0-D. 40 �. t �cAT A1kP EXHIBfC 1 o SCALE I ZI V N m 11 October 19, 1987 T a TO THE ATTENTION OF: Mike Verin, Members of the Planning Commission, Count Llmen, and Mayor of Rrncho Cucamonga The purpoce of establishing a feed store in the Etivanda area Is to fulfill the needs of the local agricultural aura. Ne propose to sell only items related to domestic anL -al needs and that of local farmers. -is feel that tilts is s much needed area In which to expand. This is a new direction for our store, as we have discontinued many sundry Items such as western wear, boots, hats, belts, etc, and other related items that were sold in our store on Amethyst Avenue. We realize that this at" will be developed within the next few years and with that in mind we will be looking for a new location. the present staga of development in the Etiwanda area, we feel our store 1s a tremendous asset for this agricultural region. Your kind attention to this matter 1s greatly appra�lated Sincerely, es S. Crowell, President Alta Loma Feed Store, Ins. • - IZL Ki .209 Agricultural Uses: Prior to development, the following agricultural uses are either Permitted or conditionally Permitted on lots Of 2.5 acres or more (a) Permitted Uses: Farms for Orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. ReL•Inq, grazing, breeding, boarding or training of large Or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: Cats and dogs: limited to the keeping four noot( exceed to four (4) cab and/or four (4) dogs, O of a-s. Small livestock: with the number of goats, sheep, and similar f total ground area, with no morb than one (1) male goat Cattle and 'uorses: Including calves and colts over six (6) months of ago, with a maximum number of four (4) animals per acre of total ground area. Hogs- (nongarbage fed) with a maximum number of trio (2) per acre of total ground was. The total numbe-' Of such animals an any parcel orpreisse$ not to exceed five (5) over six (0) months of age. Combinations of the above animals, provided the total density on any given parcel shall not exceed that herein specified. In no event shall there be any limit to the p•:rmissible number of sheep which may be grazed Per acre, where such grazing operation is conducted on fields for the PurPme of cleaning up unharvested crops, stubble, volunteer or wild growth, and further, grazing, operation 11 not conducted for more than (4) weeks in any six % month Period. Avlery: limited to fifty (50) birds per acre. 5-S z3 14r U VL I VL OS �� OS L E p VL VL I VL VL OS Pe L -r.46 I I L LS/ L Master Plan / required I II M�'� Schools. OP exist.- EJ,H p- Parka M propose - e RESIDENTIAL / OS -Open Mpe ER 0-1 a Paco VL 1 -2 . L 2 -4 via COMMERCIAL - an LM 4 '1 'o° CC, NC, GC, M 8 -14 v FC, CS, OP M tltl• figure I LAND USE 5" � gI DISTRICTS d I a CITY OF RANCHO CUCAMONGA MEMORANDUM a or � �JIT �^ 1 DATE: January 4, 1984 TO; Mayor and Members of the C ty ncil FROM: Rick Gomez, City Planner SUBJECT: KAISER STf$l 1NC9STR 1Lal . E;i OVE ( "ty staff Peas b_�en Cg�tastee !; «p WC and ''..tjited to attenm a %tali" o ot-, Ont:rih r^gardin, tii „ r±•aear JGeel q,witr el � Y Pe in r P tela r wSition aa Kept':7 %v fcrwar'd �. 1. ndaQtt's rw,rr4 K' or -Irve-S CutuT.e to the Council, n, :he time and W.I. Jr th s },�•inq� s only tent[•h'asy set for so� tim4 esrly ,"m ]anmary. staff �nuf' reeoae"M_id ra0nk Irv:janCe Of this !;,* t) a City CoMcdl mrrti ^D !7te ,a,51y •'311wl -v tM ir'i- titles Betting. PG, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 4, 1984 TO: Mayor and Members of the City Council + '.,[,4: Rick Comez, City Planner )Y: Frank Oreckman, Assistant Planner ju®JECT: LAND USE ANALYSIS - 9TH STREET AND NADRONE AVENUE I A175 `4A CT: At -he direction of the City Council, toff has prepared the 6 T, ,wi^g .udy designed to determine the most appropriate land use for ter see. approsloately bounded by Arrow Route, 8th Street, Baker Avenue, a„ 'he Coant) Blood Control Corridor (Figure W). Specifically, the + -1, y study f•ea � -rounds the Intersection of 9th and Madrone ya,ce s a -ir ;• -2(. ,,,,, 43 and 45) fat+ L,..nr+2tcay The area surrounding the intersection of 9th Street �) e`n1 ?a -'�nr .vni,e preprtly consists of a variety of lard uses which 9 ma, u)tiv "r Mte*a. "Ma and Iif luence future land use designations rit•ln the . iu)rT r' .0) .T "' As illustrated in Figure 8110, the study + s is ant ly' y." •y, .ith a variety of land uses which include E Detached S sgle ".a ly Residential:_ Existing single family re� sicenc-i are pri tare y located on the southeast corner of 9th Street and Baker Avenue. In additfon, a tract of single faaily residences are 1'acated contiguous to Baker Avenue, south of 9th Street Lastly, as ilt.istrated in Figure "BO, additional single fami., •esid -nces . e scatte'-ed t roughout the surrounding areas. D,. Alta[hed Sln 1_g e.Fami 11 h3fdential. (Duplex units) Phase I of the rein ree ave opae nt. o— oca� -on the north side of 9th Street, between Baker and Madrona Avenues, has recently been completed Currently, grading for Phase II is underway Ultimately, the tract will comprise 54 duplex units. C. Commercial: Existing conmarcial activity consists of the Cask and 7. eaves— estaurant complex located on the northeast correr of 9th and Madrone. Although not vully developed, the site will eventt.ally support 10 -acres of related comerciat and office activities. CITY COUNCIL STAFF REPORT Land Use Analysis - 9th St. & Madrone Ave. January 4, 1984 Page 2 s 0. Industrial: Existing Industrial development •)nsists primarily of m ER -Tight industrial and manufacturing uses which are scattered throughout the study area. As illustrated on Figure "ll ", many of these existing uses are surrounded by vacant parcels which produce an underutilized industrial area. The area is currently zoned General Industrial and Iles within Subarea 1 of the Industrial Area Specific Plan. General Plan Land Use: The General Plan and Industrial Area Specific Plan have designated ultimate land use designations (Figure "C ") within the primary study zone which include (a) tbdium Density Residential (8 -14 du /ac), which could ultimately support single family, duplex, zero lot, and multi - family dwellings; and (b) General Industrial, which could support future industrtal activities which may include manufacturing, assemblinn, fabrication, wholesaling, heavy commercial, office uses, etc. As outlined in the Industrial Area Specific Plan, the General Industrial land use categroy functions as a buffer between low industrial uses (commercial and residential) and heavy industrial uses. However, existing land uses within the primary stuoy area and surrounding area may ultimately Influence or dictate a more appropriate land use which may be better adapted or more compatible with both existing and future uses as shown in Figure "8 ". Issues: The main issue Involved with this study is to determine and estaF7.sh land use designations which are compatible with surrounding existing cr proposed uses located within the primary study area. Specifically, the study area should function as a transition zone between differing land uses (i.e., General Industrial, Residential) while remaining sensitive to the immediate neighborhood. Policies: The following Is a description of policies related to three a'nd uses (Pcsidentlal, Industrial Park, General Industrial) which may be appropriately located within' the primary study area. The appropriateness of the land use designation will depend on the interpretation of these policies as they relate to the assets and liabilities of each proposed land use alternative. The Counci e_ds to examine and compare the proposed alternatives against the _nt City policy listed below in an effort to determine the appropriat land use within the study area. General Industrial: Presently, the study area is split by two verse land uses (Figure "C "), which Include Medium Density Residential and General Industrial. As outlined in the City's General Plan, General Industrial land uses are typically used as a buffer between low Intensity industrial uses and heavy intensity Industrial uses. In addition, the General Plan encourages General Industrial uses, specificaliy warehousing and distribution, west of Archibald within the study area. However, where adjacent to residential uses, the General Industrial use should be designed for office die exclusively. ,1 Ll CITY COUNCIL STAFF Land Use Analysis January 4, 1984 Page 3 REPORT 9ti. St. & Madrone Ave. Industrial Park: industrial Park land use policies relate primarily Lo prang low intensity Industrial uses which include office /administration facilities, research and development laboratories, support businesses, commercial services, etc. Industrial Park areas are typically located in areas of high prestige value (Haven Avenue) and are characterized by developments which offer an attractive campus -like environment. In general, these area; are characterized by a high employment density and strict design standards developed to protect land .ises within this designation from other development which is inaperopriate due to either function, appearance or environmental effect. This land use is sometimes used as a transition between residential and higher intensity industrial uses. Medium Densit Residential: Building intensity at the high end of Eli— e e um ens y range -14 du /ac) Is typically more approprlste adjacent to parks or open spaces, Tong transit routes and major secondary thoroughfares, and near major activity centers such as shopping centers, entertainment areas, etc. In addition, Medium Densi_y Residential land uses typically serve as a buffer between Low Dansity Residential areas and areas of higher intensity commercial activities, and areas o, greater traffic and noise levels. ALTERNATIVES. The following is a list of alternatives designed to provide a comparative analysis between the alternatives and policies listed above. Alternative 1 - „eneral Industrial (extstinq condition (Figure "04): Alternative I proposes expanding the current Industrial Area Speclric Plan land use designation of Ganeral Industrial (Subarea 1) into the current residential land use area. Assets: o Could provide a transition fray. adjacent co,rmercial and residential uses to other general industrial uses If the study area is restricted to office and administration uses only Liabilities. o Most General Industrial uses such as !fight and medium manufacturing, assembling, fabr' cation, and wholesaling, would not be cumpatlble adjacent to existing or future residential uses. c Existing R -1 single family use becomes non- c(,nfomming. u Design and development standards are less demanding than those of residential or industrial park designated areas. CITY COUNCIL STAFF REPORT Land Use Analysis - 9th St. L Madrone Ave. January 4, 1984 Page 4 • o Minimum parcel size for the General Industrial area is one -half acre. Other land uses require. larger mininnnn lot sizes. The General Industrial one -half area policy could produce piecemeal development. o General Industrial land uses and built forms adjacent to residential and commercial land uses will provide a harsh and abrupt transition to lower intensity uses. Staff Comments: If Alternative 1 Is chosen: (a) a master plan should be requ r�reeea for the entire primary study area, which will ultimately be designed to coordinate drainage, traffic circulation, and access points, In an effort to provide continuity and compatibility within the study area; (b) only office and administrative uses shall be allowed within the primary study area; (c) special design standards shall be employed (landscape buffers, architectural controls, etc.) to ensure neighborhood compatibility; and, (d) a General Plan, Pevelopment Code, and Industrial Area Specific Plan land use amendment will be' required to place various land use and design restrictions on the study area designed to assure neighborhood compatibility. Alternative 2 - Industrial Park (Figure `O' : Alternative 2 would change t e 'and use w n e Dr mcry study area from General Industrial (Subarea I) to industrial Park Assets: o Provides an effective buffer between residential and General Industrial land uses. o Stiff design and development standards assure neighborhood compatibiity o Industrial park land uses such as office, administration, research and development, business support and commercial services, are typically more compatible with residential and commercial land uses and provide a subtle transition from one land use to another. o Provides an attractive activity node which would work in concert with commercial (Cask b Cleaver) and higher density residential activities to the north. o Minimum parcel size within the Industrial Park category equates to two acres which helps discourage piecemeal development, or conversion of existing residential dwellings We industrial uses. • CITY COUNCIL STAFF REPORT Land Use Analysis - 9th St. & Madrone Ave. January 4, 1984 Page 5 o Industrial Park urban forms (architectural, height, bulk, form, detailing, etc ) provides an effective ,ransition between Residential /Commercial uses and General Industrial Uses In general, this use is more compatible with Residential and Commercial uses. Liabilities: ° Industrial exp srois typically along desirable. o Existing R -1 single family becomes a non - conforming use. o Industrial Park areas are characterized by a high employment density which may cause excess traffic congestion, noise, etc , within the study area. t i, Staff Comments. If Alternative 2 is chosen: (a) a master plan should be reg oTre`d7t•or the entire primary study area which will ultimately be designed to coordinate drainage, traffic c'rculation, access points, and and urban design compatibility within �rthe _Ludy nareafort In to addition, Various continuity standards should be designed to a;sure neighborhood compatibility by regulating architectural height, details, building forn5, site planning, etc • (b� uses should be restricted to office, administration, or other low intensity uses, and (c) a General Plan. and Industrial Area Specific Plan land use amendment will be required. Assets: o land uses buffer uses aa low intensity siindulstriali uses. es. o single famiily compatible 9th and Madrone Streets. a Residential will be located adjacent to existing and future general commercial activities. Liabilities. o Conflicts with existing and future General Industrial land uses which are generally of higher intensity than Industrial Park uses causing a harsh and abrupt change in adjacent land uses. o piecemeal parcel Medium zCdensityonfpirnje tsnswhic produce h Medium lack continuity and neighborhood compatibility. 0 CITY COUNCIL STAFF REPORT Land Use Analysis - 9th St. 6 Nadrone Ave. January 4, 1984 Page 6 0 o Existing R -1 single family land use becomes a non - conforming use. Staff Comments. If Alternative 3 is chosen: (a) a wester plan should be requ re or a entire primary study zone which will ultimately be designed to coordinate drainage, traffic circulation, access points, and urban design guidelines in an effort to provide continuity and compatibility within the study area. In addition, various design standards should be designed to assure neighborhood compatibility by regulating architectural, height, details, building forms, site planning, etc., (b) a General Plan and Industrial Area Specific Plan land use amendment will be required. RECOMENOATION: St ' recommends that the City Council review the staff report in an effort to determine the most appropriate land use within the primary study area The City council shall then direct staff to draft any associated General Plan, Development Code, and Industrial Area Specific Plan land use amendments as deemed necessary. Respectfull, su iittedd, Rick Gomez u City Planner v W ' o RG /FD /Jr Attachments • 0 I In -- Pry mart �u�y 4re a n u (M) El I 'I \ ^� s L 7� , a� 9: k%A I_ 4- 0 RANCHO C'M*kM0WA CITY OJUNCIL z AGENIIA wn - Lions Parl; Community Cantor 9161 Base Line Road Rancho Cucaronga, California January 4, 1984 - 7:30 p.m. Regular Meeting All items submitted for tha City Council Agenda suet be in writing. Thl deadline for submitting these it•as is 5 :00 p.m. ou the Wednesday prior to qo lasting. The City Clerk -a Office receives all woh itema. +1 i. CALL TO ORDL'R A. Pledge of Allegiunce to Flog. ? B Roll Call: Bjv, -" , Dahl r- , Froot T, Cc. user 4.--, anA Mikels C Approval of Minutes: None submitted. 2. ANNOUICEMiUM a Thursday, January 5, 1984, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION, Lions Park Community Center. b. Wednesday, January 11, 1984, 7 00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. o. Thursday, January 12, 1984, 7:30 p.m. - ADVISORY COMMISSION MEETING, Lions Park Community Center. CONSENT CALMAR The following Consent Calendar Steam are em:peated to be routine and non- aontroveralal. They will be acted upon by the Council at one time without dieousaion. a. Ap :,roval of Warrants, Register NOS. 63-12 -30 and 84 -1 -4, and 1 Payroll ending 12 -25 -t3 for the total amount of 0361,665.89 City Council Agenda -2- January 4, 1987 b. Alcoholic Beverage License Application for Veteran's Clut, License for VFW Post 8680, 8751 Industrial Lane. 4 a. Forward Claim against the City by Blaine L. kudman 5 Construction to the City Attorney and Insurance Carrier for handling. d. Forward Claim against the City by Anthony Louis Martlrez to 7 • ",• the City Attorney and Insurance Carrier for handling. o Forward Claim against the City by Moffatt S Nichol to the City 36 Attorney and Insurance Carrier for handling. f. Approval of base purchase agreement of John Deere tractor and 49 Roseman rotary mower to replace equipment noL servlcah`e for the workload. This is a budgeted item. g• Approval of Condemnation Agreement with R. C. Ldnd Co. for F9 I constru on of Training Levee Providing Flood P teat ion for b Treats 1 34, 12044, 12075 and 12046. A oval is recommended f agreement with 9)� C. Land Co. to a all costs involve In the condemnatlnnb lands required for the construction of a floo,l protection training levee. h Acceptance of C. C. A R's and Release of Agreement Between the 76 City of Raacno Cucamonga and TAC Development to provide CCAR's Prior to Issuance of Occupancy Permits for Tract 11144. RESOLUTION NO. 83 -±z? C,1 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO RELEASE AGREEMENT BETWEEN THE CITY 07 RANCHO CUCAMONGA AND TAC DEVELOPMENT AS RECORDED ON AUGUST '7, 1983 AS NO. 83- 189766. 1. Intent to Annex Iract Nos. 12184, 12237, 12 ?37 -1, and 12237 -2 By to Street Lighting Wntenance Districts No. 1 and 2. It Is reccmaanded that City Council adopt the re- olutlons approving the Engineer's Report and setting the date of public hearing for February 1, 1584. RESOLUTION NO. 83-72& e9 ;J 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA OF PRE:.IMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR lWNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DIST.,ICT NO. 1 RESOLUTION N0. 83 -1127 O 3 95 A 9E30LUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET City Council Agenda _3_ January 4. 1984 TIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DES164ATING S ANNEXATION ANNEXATION NO. To STREET LIGHTING MAINTENINCE fISTRICT H0. 11 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR HEARING OBJECTIONS HERETO ENO A TIME AND PLACE RESOLUTION N0. 83- -2213. 011 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY IOF RANCHO CUCAMONCA, CALIFORNIA, OF No. I TO STREET LIGHTINGEMAINTENANCE DISTRNICT NEXAT APPROVAL OF CY RESOLUTION N0. 83••4'19 V5 104 A RESOLUTION OF THE CITY COUNCIL OF THS CITY OF RANCHO INTENTION CU TO A ORDER THE CALIFORNIA ANNEX4TION DECLARING ITS TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AND ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 1 TO STREET LIOhTINO MAINTENANCE DISTRICT N0. 21 PURSUANT TO THE LANDSCAPING AND LIGHTING HEARING OFFERING 1 TIME AND PLACE OBJECTIONS THERETO FOR J. Set public hearing - January 18, 1984 - Environmental Assessment and Zone Change 83 -08 (IT 12525) - Truax. A change of tune from Medina Density Residential (0-14 du /so) to Low Medium Residential (4 -8 du /ao) for a total development sub- division of 16.5 acres into 123 lots, comprising 122 taro lot line Highway, between generally Turnr located and Center south side of Arrow - APN 209 091- 1 k. Set public hearing - January 18, 1984 - Environmental Assessment and Development Code Amendment 84-01, ma of ment to the Rancho Cucamonga Development Code, Municipal Cede, amending Seoticn 17.08.040 -B and 17.08.040 -C to require a Conditional Use Permit for sinele family detichad dwellings less than 900 sq. ft. 1. Set publio hearinS - January 18, 1984 - Environmental Assessment and Sign Ordinance Amendment. An amendment to Title 14 of the Rancho Cucamonga Municipal cipal Coca, che Section 14.20.110 of Chapter 14.20, Signs, roothto limit for a wall sign on an project industrial building from 20 roofline. m. Set public huaring date of January 18, 1984, for the Certification if Environmental Impact Rnport for Alta Loma Drainage System Constr-.ition Project. Citv Council Agenda -4- it 4. IDTM=ED PUBLIC @AR1NC5 A. ENVIROA MALL ASSKS9M W GR103RAL RAN AMMMME3T 83-04H AND ZORS GRANGE 0]-04 - STCfIgRR INPP3TWITS. An amendmant to the Generel Plan Land L'ea hap to change the northeast corner of Aratibald and Bare Line from an Office designation to a Neighborhood Commercial designation and to change the zone from AP (Administrative Profussicnal) to NC (Neighborhood Commerclal) - APN 202 - 181 -27. Staff report by Rick Gomez, City Planner. ORDINANCE NO. 215 (second reading) AN ORDINANCE OF VIE C?TY OF RANCHO CUCAMONGA, CALIFORNIA, P.ECOKMENDING REZONING A.SSESSOR'S PARCEL NUMBER 202.181 -27 FROM AP (ADMINISTRATIVE PROFESSIGNAL) To NC (NEIGHBORHOOD Cg(gRCIAL) FOR 5.44 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF BASE LIMP AND ARCHIBALD. B. ORDERING LVKEXATION NO. 16 FOR TRACES 12077 -1 AND 12305 TO LLY0.4CAPE MAINTENANCE DISTRICT 90. 1. RESOLUTION NO. 43 -230 U (s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEERS REPORT FOR TCACT NOS. 12077 -1 AND 12306. 5. NON- ADVERTISED PUBLIC 83ARING A. APPEAL OF PLANNING COMMISSION :=isim - ZONING ORDINANCK USIERNINATION - WA LCKA FKBD STORE. - An appeal of the Planning Commission'a decision regarding a request to date -mine if a feed store facility is appropriate for the VL District of Etiwanda. Staff report by Rick Gomez, City Planner. Recommendation: The Planning Commission recommends that the City Council uphold their decision 6. CITY MINAGERIS REPORTS A. FONTANA RESERVE INNKXATION. The San Bernardino County LAFC is seeking input from Fontana, Ontario, and Rancho Cucamonga ® regarding the future division of the Kaiser Steel Preeervs. Staff report by Rick Gomez, City Planner. Recommendation: Forward recommendation to San Bernardino County LAFC. January 4, 1984 100 107 108 115 12b 11 City Council Agenda -5- January 4, 1984 D. LAND C6C ARAL78I3 - 9TB STREW AND MADRM AVEMT. -he City 126 Council has directed staff to prepare a special land use study designed to determine optimal induStrtal and /or residential land uses within the planning area bounded by Arrow Route, Baker Avenue, 8th Street and the County Flood Control corridor. Staff report by Rick Gomez, City Planner. Recommendation: Staff raaomaenda that the City Council consider the alternatives and forward reaommendatiuns back to Starr. y. CITY ATTORYBT'S RHPORTS CITY OF RANCHO CUCAMONGA MEMORANDUM January 4, 1984 DATE: ouncil T0: Mayor and Members of the City . . Rick Gomez, C`tY planner FROM: 1�pRE ERYE SUBJECT: KAISER STEEI regarding romorise of those facilities eci ficn informithis BACKGROUND' the City Council requested additicnal information Of Kaiser ;:eel and more sP t e current Operations ions and status Kaiser �l lmprovemee -s associated with the fabric Lne° floodlscontrol cap regarding 260 acre parcel. Currently, the steel fabrication . Faciemp : �,plaY °d over 800 Kaiser Steel FabricatNot emp °Peak Per odOf its ultimate man ac a tY s operat °g large activity to steel bridge During the facilities P e16s area. It cap °City This was due to the construction in the Los 9facilitY individuals. fabrication The facility will Kaiser Ste of the steel mill• to continue its construttion and high building is an is iD ated by countries continue despite the closets from in emPl,rnent base w517 defend continue to purchase steel from foreign fabrication operations. and the need in the areas of steel construction buildings- of north:rnmost portion of the 260 used by the steel m411 operrtion. solely upon the economy of bridges and high -rise facility this acres is an abandoned storage improvements for The cost of public 1mP million based its' much as Spay Etiwanda, and Flood Control Im rovemeow could total as p Bill Mann b area, as enumera a plan, dated March 19: vements. The upon flood channel cost estimates asrn' ded hstreeto imp' the set San Sevaine Creek System Dralna9° der; ee long street frontage of Associates, and staff �gtpartIY o et would also include which, P responsibility Avenue and 4th Street iwh the Southern California Edison of pEt1Manda n equal basis w at the intersection shared on r area culveets is a project that would be the future utilization of the the however, a major factor 1n Etiwanda Croek,eConomic City of Ontaric A an existing water course, bypassing For technical and is the bYD ere fore, there 1s no construction of Lila San Sevaine Channel. the above - mentioned rep °rt recommends that fore Creak flows reasons, estion. The be directed to the San ievaine Creek CharceI of land in b 1 local storm channel recommended f hlchiincludesethefpows between Chheby local store re Of Bernardino Freeways,arcel will be handled in the future Y ending uD the alignmZL of the eastern sp drainage for this D the ultimate Improvement cost of San Sevaine drains. ' boundary with Fontana, Channel could be eliminated or shared with Fontana. —_ _ Memo to City Council Subj: Kaiser Steel Industrial Preserve January 4, 1984 Page 2 The existing water course is within Southern Californid Edison property, but until the above - mentioned construction takes place, it poses a flood hazard to the adjacent developable property. Any development of this property before the project takes place would require flood protection as well as detention basics. After the project, there would be no unusual development constraints. However, the entire Etiwanda Avenue frontage of the parcel is Southern Califcrnia Edison property, being used as right -of -way for transmission towers. This means that this property will remain in a semi- vacant state indefinitely, affecting access to the larger property immediately to the east. The approximate $1.62 million total brea,s down as follows: - San Savaine Channel Improvements $2.5 million assumes 1/2 nr $1.25 million for City participation. - Etiwanda Avenue and 4th Street intersection improvements $500,000 assumes 1/2 or $0.25 million for City. - Etiwanda Avenue and 4th Street right -of -way improvements $120,000 RG /jr ••• •••• � _ �.'= _ _'_"./" / \ \` l ,� � A\2tYt1Lt[nsL ■•7"` uaAr t�203e4 _ -197)4 ]1e S. w1 am law "A, `1)9.]tlll]! ip --1`•. 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