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HomeMy WebLinkAbout1984/01/18 - Agenda Packet-�r C Mql 4 o�- o L977 crrr of RANCH arAMONcn CITY C XJI14M AGENDA Lions Park Community Canter 9161 Base Line Road Rancho Cucamonga, California January 18, 1980 - 7:30 o.m. All items submitted for the City Council Agenda m•tet be in writing. The deadline far submitting these items is 5:00 p.m on the Wednesday prior to the meetiR3. The City Clurk's Office rerelvea all such Scene. Ccro<.e 1. CALL TO ORDER''// Wa.�6�5 A. Pledge of Allegiance to Flag. B. Roll Cu.l: Buquet _L_, Dahl '1 Frost yJ lie Schlosber an3—Ocels - 1,4 w C. Approval of Minutest 2. ANNOUNCEMENTS a. Thursday, February 16, 1984, 7:00 p.m. - Rescheduled CITY COUNCIL /FINE DISTRICT BOARD MEETING, Liona Park Community Center. b Thursday, January 19, 1984, 7:00 p.m. - PARKS ADVISORY COMMITTEL MEETING, Lions Park Community Center. i c. Tuesday, January 24, 1934, 7:00 p.m. - ADOU N D CITY COUNCIL MEETING to discuss CATv, Lions Park Community Center. 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. a. Approval of Warrants, Repiutar Noe. 84 -1 -I8 and 1 -2 141,771.56, and Payroll ending 12-25 -83 for the total amount of $50,868.50. City Council Agenda -2- January 18, 1984 b. Forward Claim against the City by M.irviao Mill to the 3 City Attorney and Insurance Carrier for handling. C. Forward Claim against the City by Theme$ R. Miller to 5 the City Attorney and Insurance Carrier for handling. d. rarythe claim City against lity by Insurance dCarrierar Carrier handling. e. Approval of the Summarily Vacation of a 20 -100t 7 public utility easement for sewer and water purposes dedicated to the City of Rancho Cucamonga in connection witn Parcel Map 7349 located east of the I -15 Freeway at Hyssop. RESOLUTION N0. 84 -07 12 A RESOLUTION OF THE CITY LOUNCIL OF THE CIrl OF RANCHO CUCAMONGA, CALIFORNIA, SUMNA21iY ORDSRING THE VACATION OF A 20 FOOT RIDE rIBLIC EASEHENT FOR SEFSR AND • RATER PURr ":S DEDICATED TO THE CITY OF RANCHO CUCn. uNGA IN CONNECTION HITil PAR "L MAP "349 (V-034). I. Approval of Parcel Hap 8007 and Real Property 14 improvement Contract and Lien Agreement submitted by Philo Blare and located on the west aide of Hermosa between wiaun and IU.11side Road. RESOLUTION NO. 84 -08 20 A RESOLUTION OF THE CITY COUNCIL CALIFORNTHE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIFN AGREEMENT FROM PHTLO BIANE FOR PARCEL HAP 8010 A.%D AUTHORIZING THE MAYOR AND CITY CISRK TO SIGN THE SAME. FESOLIrIION N0. 8 -23 21 A RES)LUTION OF CIUI CICY COUNCIL OF THE CITY OF RAN,110 CU,'AMONGA, CALIFORNIA, APPRO'IING PAP::EL MAP NO. 8007, (TENTATIVE PARCI:1, HAP NO. 8007) E•- _ City Council Agenda 3_ January 18, 1984 22 8, "lease of Bonds: P.M. 5792 - located north of Base Lino on tht 14t side of Archibald Avenue, ge` bonds eonds ento aubmlLted by Levis Properties and P submitted by Calmacic development Corp. Release Faithful Performance Bond $49.000.00 Line and l ArchibalddAvonul� owner BneC norteast corner of , DlC Associates, Release Faithful Performance Bond $ 8,250.00 p.M. 5922 - located at Jasper and Gel *; owner, Family Savings 6 loan Association. Release Labor 6 Material Bond (road) $48,513.02 29 RESOLUTION N0. 84 -09 A RESOLUTION OF THE CITY COUNCIL �OFOVIN CITY OF RANCHO T AND CA, IMPROVEMENT IMPROVEMENT AGREEMENT AND SECURITY FOR PARCEL MAP 5792. h APprov4u t sr the extension cone tructiont Sof fuffBeite 31 or onds and Agreement lmprov¢mence for Parcel Map 5981 submitted by Arlan Walton and located on the Cast side of Sapphire Street, South of Hllleide Road. RESOLJTION NO. 84 -10 RESOLUTION RANCHO CUCAri NGA,UNC E CALIFORNIA. ITY OF APPROVING II*ROVEHENTV URITYERFOR NPARCEL AND MAP 5981. I. construction of improvements for nTract 9472tsubmitted by Boulevard 19th Street, cast located on the north Avenue , side of RESOLUTION NO. 84 -11 ® A RESOLUTION OF TIIE CITY COUNCIL CALIFORN H CITi OF RANCHO LUCAMOHGA, IV IMPROVEMENT 2- AND MMPROVEMENT SECURITY TRACT947 35 36 38 i City Council ..geode -1- January 18, 1984 J. Approval of Security and Agreement for a Single 39 Family Residence Located on the southeast corner of Summit and Etiwanda Aveducs nub�itted by Richzrd French. RESOLUTION NO. 84 -12 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITI FOR 12919 SUMMIT AVENUE LOCATED AT THE SOUTHEAST CORNER OF SUDIIT AND ETIWANDA. k. Approval of destruction of Personnel Records no 47 longer required by Law, RESOLUTION NO. 84 -13 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY A�1 RECORDS AND DOCUMENTS WHICH ARE NO LONGER �I REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. 1. Approval of authorization for the City of Rancho 51 k'k Cucamonga to renew participation in the California State Surplus Property Program. RESOLUTION NO. 84 -14 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EMPLOYEES DESIGNATED BY t NAhE AND TITLE BELOW TO ACT AS REPRESENTATIVE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN ACQUIRING FEDERAL SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED. i' M m. Approval of agreement with City of !bottle it to 54 complete a cooperative study to concolldate en1I abandon the Southern Pacific's Foothill Railroai c Line. Cost not - to- exceed $9,000 to be funded from 1 Systems Development funds, E • City Council Agenda -5- Janua.y 18, 19e4 n. Approval to designate the Cherbak Family Home as a ^3 significant historic feature of the City of Rancho Cucamonga and therefore designating it as a City Historic landmark. RESOLUTION 110. 84 -15 73 A RESOLUTION FOR THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE CdERBAK FAMILY HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. o. Approval to designate the United Methodist Church of 74 Cucamonga as a slgnificanL historic feature of the City of Rancho Cucamonga and therefore designating it as a City Historic Landmark. RESOLUTION NO. 84 -16 74 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RECOGNIZING THE UNITED METHODIST CHURCH OF CUCAMONGA AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. 4. ADVERTISED PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -08 75 TENIATIVE TRACT 1 525 - TRUAX - A c age o zono 2rom Medium Density Roe antia (8 -14 du /ac) to Low Mudlum Residential (4 -8 du /ac) for a total development subdivision of 16.5 acres into 123 lots, comprising 122 zero lot line units generally located on the South aide of Arrow Highway, between Turner Avenue and Center Avenue - APN 209 - 091 -I0. ORDINANCE NO. 216 (first reading) 96 AN ORDINANCE OF TILE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209 - 091 -10 LOCATED ON THE SOUTH SIDE OF .LAROW HIGHWAY, BETWEEN TURNER AVENUE, AND CENTER AVENJE FROM MEDIUM DENSITY RESIDENTIAL t8 -14 DU /AC) TO LOW MEDIUM RESIDENTIAL (4 -8 DU /AC). E City Council Agenda -6- January 18, 1984 B. APPROVAL OF THE FINAL CNVIRONMENTAL IMPACT REPORT 98 EIR FOR TAE LTA-U59 DRAINAGE SYSTEM - It le iecommecae t ac c e City Course -cone er approval of the attached reenlution'certifying and adopting the Environmental Impact Report for the Alta Loma Dralmge System. RESOLUTION NO 84 -17 109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING THE ADOPTION AND CERTIFICATION OF THE FINAL ENVIR0N1ZNTA1. "PACT REPORT FOR THE ALTA LOMA DRAINAGE SYSICI. C. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE 11U AMENDMENT - An amen went to Title !4 of c a Ranr. Cucamonga Municipal Code, Section 14. ?0.110 of Chapter 14.2n, Signs, to change the maxinum height limit for a wall sign on an industrial building from 20 feet to a height not to project above thr roofline. ORDINANCE h0. 65 -C (first reading) 11' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 14.20, SECTION 14.20.110 OF TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE WHICH REGULATES SIGNS TO ELIMINATE THE TWENTY (20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE 116 AMENDMENT 84 -01 - An amendment co the Bancho ucamonga Deve opmont Code, Title 17 of the Municipal Code, amending Section 17.08.040 -B and 17.08 040-C to require a Corditional Use Permit for single family detached dwellings lees than 900 sq ft. ORDINANCE 211 -A (first reading) 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08, TABLES 17.08.040 -B AND C, OF THE MUNICIPAL CODE, TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DETACHED DWELLINGS LESS THAN 900 SQUARE FEET. City Council Agenda -7- January L), 1984 E. ORDER TO VACATE THE NORTHISOUTH ALLEY LOCATED WEST 125 OF CENTER AYENUE AND SOUTH OF 25TH STRLET �— � 1J0 RESOLUTION N0. 84 -18 A RESOLUTION OF THE CITY COUNCIL OF THE ClrY OF RANCHO CUCAMONGA, COUNTY BEINARDINO, STATE OF CALIFORNIA, ORDERING 10 BE VACATED, THE NORTHISOUTH LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET. F. DEVELOPMENT AGREEMENT - CALHARR DEVELOPH'dNT - 132 HERITAGE PARK ENIOR ITI BN HOUSING PROJE T - Approval o a pave opmen[ Agreement etvean t a City of Rancho Cucamonga and Celmurk Dovelopman[ Corporation of Archibald, Senior Citizen If Bass Lin&. ORDINANCE N0. 217 (fire[ reading) 155 • AN ORDINfd10ECALIFORNIA, CITY PROVING CHA DEVELOPMENT AGREEHF.NT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CALMARK riVELOPHENT CORPORATION. 5. NON- ADVERTISED PUBLIC ;1EARINGS A. JPPEAL OF USE DETERMINATION BJ -O7 - ALTA LOMA PEED 157 S.ro - raquo— a—t co term ne L a ee store aei it) a 6681 Etivanda Avemuo to appropriate for the VL Olatrict of Etivinda, Staff report by Rick Gomez, City Planner, B. APPROVAL PF CONDEMNATION AGREEMENT WITH R.C. LANG 166 CO. CC roetruct ono Train ng Levae Pcovt, ^8 Flood end Protection for Tracts 11934, 12044, 12045, 12046. Aparovol is recommended of agreement with R.C. Land Go. to cover all costa involved in the condemnation of lands required for the construction of a flood protection training loveo. • City Council Agenda -8- January 18, 1984 S. CITY HANAGER'S REPORTS A. FORHATIOt: OF ASSESSMENT DISTRICT 82 -2. Rea=and 117:1 approval or a,tlona necessary Co Solt! n to proceedings to formation of Assessment District 82 -2 and approval of plans, specifications, Cngineer's Report and fixing the dace for protest hearing for Marta 7, 1984. RESOLUTION N0. 84 -19 ISO CITY SOF�IRANCHO THE CITY ON COUNCIL CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT - RESOLUTION NO. 84 -20 ^82 CITY COUNCIL OF THE RESOLUTION C11-f OFaANCHO THE CALIFORNIA,, PASSING ON THE ,REpORY• OF THE ENGINEER, e GIVING PRELIMINARY APPROVAL, AND SETTING A TIME A'ID PLACE OF PUBLIC NEARING. kESOLUTION N0. 84-21 184 A RESJLUT104 01 THE CITY COUNCIL OF THE CL1Y OF RANCHO CUCAMONGA, CALIFORNIA, APPRO'JINC A REFURT UNDER THE "SPECIAL ASSI'eSHEAT INVESTIGATION. LIMITATION AND •NJORL:Y PROTEST ACT OF 1971 ", AND FIXING \ O \TE OF HEARING. 1 .REON. ^.LSOLUTLON NO. 84 -22 185 A FESOLUTION OF 111E CITY COUNCIL OF THE L1.1 OF RANCHO CUCAMONGA. CALIFORNIA, AUT'IORIZIIG TILE SALE OF SPECIAL ASSESSMENT LONDS IC FINANCE IMPROVEMENTS IN S SPECIAL niSESSN'NT )ISTRICT B. ,Ilr "ICATIO.1 JP PERSONNEL AUKS Sca REr,I'_ \PIONS, the 187 RS•; Cou 11 u13 tonsl er mo �so:�nel P.ulas and Rcgulacf ans regard lug ttlon of "Part- time ", and '•Regular Part- tl.ze' employee classifications. Staff report by Robert Rizzo, Assistant to City Hancgl r. a] City Council Agenda -9- January 18, 1986 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSINESS 9. AAJOUR'.2MNT i, 1n iY rt, la ii n1 W 0 u I r \i la. J 1Yr Y i L i t Y 6 4 QY T� a0 i i \ V 7 6 � V V J V v Z 0 z W Y 7 r >• r \ V a I• t t� f 1• V 1 Z 11• iVS)O ; JI \ rV ilw+vwuuu.J^^+"wnarn+IVwuwa.V oN r.� oo<w�ovvooan+u•rrro �P♦-r w VS \.T1N MY • • r iP VIwPM nrr(T O♦'OOW�Oin Vn'1V00 ��IOVn� M .� ^•� ��I �ryry Y V �wrw 'TM'vIn♦+w'I\ IOrr. \.•n��wr•1vIM.M1S•• r ♦.y�•IN :.•.+)• : /Fn.y i N O P V•'.n r r Ki O 1� P ♦ rr0 ry Z O t W \V •• NNS V1� � �•. O 1 S.yRt 3)f OV \�'1 rr i U u r. C r \i la. 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SIGN EA SM=. �fQ1e ICar Code SeC [taai TO: CITY OF DztwxxXXW RANCHO CUCAMONGA c" 1 LA-111' QUga of Claimant (U natural prsanl 3701 Give addr•ae to ohleh you dnhe notkn ar <ammuakatlom to N unt re[ardin[ lw cbtm: Lynberg 6 Nelsen 000 West Sixth Street, $1000 Attnrneu. .♦ r..,.. _ ., u a.amnum r muuar occurs Give full DartlruLs - - -- City Plaintiff Eric J. Klock was struck while crossin Baseline Avenue, Of Rancho Cucamonga by vehicle driven bySusan Diane Sachett. • %'he" dta DAMAGE ar INJURY acur' Give full parttcul•ra, date, tun • of day: October 15, 1982 at 2:13 p.m, Whern did DAMAGE or INJURY occur• Dew,lbe fumy, and {acue on alyram on ,verse aide of Uu then, rheas Street names and addreu and menuremems ham landmar a. DDropnne, live Just outside o: parking of Alta Loma Nigh School What parrtrular ACT or OMISSION do You claim caused the mlury or damage' Give names of City emD1aY<ta cawm[ the mlury or auur•,ul"°"'r" Negligent owner, supervised, designed, repaired, maintained and inspected roadway and negligent supervision of minor leaving school ground and using available existing exits. What DAMAGE or INJUlt= des you Claim reaultedl Give hdi extent oI Inluriea or aunafn dStmed: Cross - complainants seek indemnity and contribution, WWI AMOUNT do you deim on account at each Item o/ mlury or dune • u of dne o! uamtetlon of this c acmputation: [ P lain, giving buu at Total araunt of any settlement or judgment rendered against cross- complainants including attorney's fees and costs. Ghe &nmdATTD AMOUNT as fu u imotrm you ddm on aecouot of each Item ,. ro Plaintiffs claim in response P expenses Injury or dsavg•, pYing haw d hospital $15,000, personal damages medical expenses 520,00,0 Unknown pursuant to C.C.p. S$255..11Y 5100.00, general damages $1,000,00 Irrutanbo payment s*Mvod. It soy, and names of Insurance Company: Unknown Rgpandituree mode ten account of socJdrnt or Injury' (Tate — Item) (Amount) Unknown Name and address of Witnesses. Doctors and HorpltaL. UakaowD, edcCept Sian Hill, 9717 Palo Alto Street, Rancho Cucasonga BEAD CAGEFULLY ror all accident clatms place on following die am names of Kresu. IncluOina North. Last, South. and Wen; Indicate piece of accident by "%" and by showing house numbers o! diaunco to street corner. It Clty Vehicle was Involved, designate by letter "A" location of Ch vehicle when 1nu flnt saw it. and by "S" location of yourself v°tehylcU II.V timhen you first ity'D•�inA location iof city void �at %e of accident by "A-I" and location of yourself or yuur at NOTL: If diagrams below do not fit the situation, attach hereto a proper diagram signed by clolmant. MW 7 f FOR OTHER ACCIDENTS Of J1DENUILK IL C PARKWAY V/ 11 SIDEWALK FOR AUTOMOBILE ACCIDENTS I I U L-1 L..__. 7A77// ) F" Slgtnnstuff of Claim t or D on fills n his behalf giving •Typed Name: �„ a LL it . t Date reLtiomND to C ant PATRICK L. GRAVE& 1 -E -• NOTL: A6 alt maults/66611 rsqulrsd 10 be examined u to their clam urder both (Charter Sea p). Pteeentetion of 6 Mm classes L felony (Cif. Pat Cccis Sat.) C"IMS UM &L rn= Fir "ITY CLnK (007. CODL UC. 9130). cc, CLAIM FOR DAMAGE OR INJURY u+.t .fY ±tlrttt Ter d@.A , irqury to pNeon, •w b rgettel popery riWt b fill ° ueenea fGay. Code, See. 911.2). r . .& ADIM 1 }ee#erty mud be filed not later than i year after the a JAN VFW TO: CITY T_� 7 1110AN " one Pqa WHEN did damage or Injury occur? INHERE did damage or injury occur? DN 7jt ��,,, 1'Mrfan V+� t?eCLtttste•' -cltr. �C a HOW and under what circumstances did damage or injury occur?—.T W, SLDCI.Jll J6-.V— �,�p.�. =c�Q l �s.+a Ra-i� 7.... l� ILs�� s..i i ..n.l.... 131L ('Iw .±Itt ��y u... +.rrt iM..f• nu ne oytt t'tt ti° (• ^is— d�rsrl- t-�'16R1''y�ent�.rn r,�rj(tr• �,.reS •i'itl f�j WHAT particular action by the City, or Its rmpioyees, coused the alleged uomogo or Injury? (Include non is of employees, If known) ffa-pV uq rM,rk 4a4 'A J - F4t...F ihL r sr +r.., tfu.v ".141 JAF' gem, HAT sum do you claim? Include the estimated amount of a y prospective loss, insofar ce It may be known of the time of the presentation of this claim, together with the is nis of computation of the amount ciclmed:wf" (Attach estimates or bills, If possible) �+ a.r trot Lsk 42. Mr�.�.( ES�PEPI: teiM rn i{a(•t�s FAI Total Amount Clalmed: , and addresses of o Itiesses. Doctors and Hospitals: S �$ JQD ,rev CC: Wow,,a1. CLAIM FOR DAMAGE OR INJURY a��+ W :s 4 , Injury to person, or to peseenel property must he file�fi�1 f eecuweeee (Gov. Code, Sec. 911.2). Cl ' reel prepeoy mud be fled not later than I year after the occurrence (G TO: CITY OF /(pvi/,t,. Lutan/ius.4 q Age 7607 Ar.•. Address to Ih ch Claimant wls r, notices sent. WHEN did damage or injury occur ?__ , %C7• WHERE did damage c Injury occur? 7601 tx` -.v, Ze- ,Cd HOW and under what circumstances did damage or injury occur? 114,,s /. -eVe6e e! ��a ova OFF Tnw %/ILC,{ � �, /°,e...r OF WNcLB A/d /A,f ,+sod N.,•D WHAT particular action by the City, or its employees, caused the alleged damage or injury? (Include names of employees, if known) %5'7166 LuAf +ou.,,.T.o D,eiIE,P Bf AF/' /CE? Ain,A,ET% WHAT sum do you claim? Include the estimated umount of any prospective loss, insofar os it may be known at the time of 'he presentation of this claim, together with the basis of computation of the amount claimed: (Attach estimates or bills, if possible) the T./A rac e? �e. /ha7 �-�. �G.!4e A ✓�. �nw T..H �0. 1JT1i' S /i*r- 99 A,. >.., U /�,��i..-, /170 W..L� A�,t,u�ti_ 9/7t, S �j f Lo ��f i_f� f7wi re Total Amount Claimed: S f�9 8 .98 NAMES and addresses of witnesses, Doctors and Hospitals: 11 2 CITY OF RANCHO CUCAMONGA STAFF REPORT' DATE: January 18, 1984 yen TO: City Council and City Manager FROM: Lloyd B Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Summarry Vacation of a 20 -foot public utility easement for sewer and water purposes dedicated to the City of Rancho Cucamonga in connection with Parcel Map 7349 located east of the 1 -15 Freeway at Hyssop Lewis Homes has requested the above described easement be vacated. This easement was dedicated in error on Parcel Map 7 ?49 for sewer and water purposes and is only requi ^ed for Cucamonga County Wuter District. The Cucamonga County Water District has appr;ved a Grant of Easement from Lewis Homes for a 10 -foot easement at this same location. A copy of that easement is attached RECOMMENDATION It is recommended that :he City Council adopt the attached resolution approving the vacation of the above drscribed easement and authorizing the City Clerk to cause same to bs recorded Respectfully subgritted, LBHR1K:Jaa Attachments • U :� IIil I CD'61U(9S0, �i_ I 3I V I Jj•- : 1...4 ,1...1 , 1 1 I J— I LLc 6 I Q -III r �� i• � i� ^, - LL 2 i ` . r - i � I I � • 'r -� i} iu • U :� IIil I �i_ I 3I V I Jj•- i I :� IIil I : , 1 1 1 I a 1 a' Y{ U s • LL7 LL7 Lt, Lt, 6 t _• 71 7! I , W,Ot ROE ✓c u"I'll -wkw,tur rJU Su.i° I O WPIC° 4••r'r =y 4 r :9S• 2 IZ C �Au r" I ti `4 9nv. pjr ACftESc• •CR u.I'4 Acmes 3 2` •`;� , -SFr II •rl J_ >>-OL f ..j Z 02n. 4 < x ozs ra., o _ N C Ig y j i S 2 Ox5 ACRCS r 1 tir `, � `•� j I� � c) J% `J: r W W V 0 'I* t 0 WIS HOMES !nam MMAt=Aw /°Oen, 670/V0W4CA 91796/ 74 9650971 January 5, 1984 v Lloyd Hubbs City Engineer City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, CA 91730 Su.jec -: Parcel Map 73.9, Sewer and Storm Drain Easements Dear Lloyd HAND DELIVERED 1/5/84 We erroneously dedicated a Sewer and water easement to the City of Rancho Cucamonga across the northerly twenty feet of Parcel No. 1 See attached portion of recorded Parcel Map for details We have sold this parcel and the closing of the escrow is being held up Pending the City's release of the twenty -foot easement Cucamonga County Water District only requires a ten -foot easement for water purposes We have provided them this easement by separate deed (copy attached) Both the Cucamonga County Water District and ourselves have executed an agreement (copy attached) which reflects the responsibititiea of each party We hereby request the City to follow through with the quitclaiming of the existing easement If you will e,3c, execute the attached agreement, it will enable us to close escrow Please Contact me if you have any questions Cordially, LEWIS HOMES OF CALIFORNIA RON NOTTINGHAM Engineering Coordinator RN:j9C Encs • � I y` nLllr IYf IY Wmry :IC li ``11 1 1 1 II IY ji,. t •r L11Y Yxy yfY vrN IYI• W1 <Yfaa1Y nam Yra rlmm Y� � •tea b IM Irl Ir.1•rY MY>rJ RRr utO 1 r1��1•N511 r uY •ILL1[.•M MLMI, W Irw! r a. u.YGI (6rttul of Easrtnrut WATO aL*wnv;t �u �J auws, Lam 41.4llmin r. 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'f�?Y.�411L_r • II4CIMY4•.Yrlry•l Y•C • RESOLUTION HO. 01- 18 -07CR A RESLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A 20 FOOT PUBLIC EASEMENT FOR SEWER AND WATER PURPOSES DEDICATED TO THE CITY OF RANCHO CUCAMONG.A IN CONNECTION WITH PARCEL MAP 7349 (11-034) WHEREAS, by Chapter 4, Article 1, Section 83,0, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a 20 foot public easement for sewer and water purposes dedicated to the City of Rancho Cucamonga In connection with Parcel Map 7349 (V -039) hereinafter more particularly described; and WHEREAS, the City Council found all the ev'dence submitted Urat said 20 foot easement is no longer requirid. NOW, THEREFORE, BE IT RESO..VED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancno Cucamonga hereby mL eTc s its order vacating said easement further described in a legal description. SECTIOU 2: That from and after the date the resolution is recorded, said easement no longer constitutes a public easement which is attached hereto, marked "Exhibit A° and by reference made a part thereof SECTION 3. That the City Clerk shall cause a certified copy of this resolution to oe recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APoROVED, and ADOPTED this 18th day of January, 1984 AYES. NOES: ABSENT: ATTEST: ® Lauren M. Wasserman, ty er Jaa Jon 0. Ilikeis, Mayor - /8— `Exhibit An 0 LEGAL DESCRIPTION V -034 The 20 foot wide public utility casement as shown on Parcel 1 of Parcel Map 1349 in the City of kancho Cucamonga as recorded in Book 83 of Parcel Maps, Pages 20 through 23, official records of the County of San Bernardino, State of California. 11 0 I E Parcel Map 8007 was approved by Planning Commission on July 27, 1983 for the division of 17 8 acres into 4 parcels within the R- 1- 20,000 zone. City Council approved an appeal of the cond tion to construct the off -site improvements on Parcel 3 prior to recorda'ion on September 7, 1983 and concluded that a Lien Agreement be accepted it lieu of the construction. A resolution accepting the Lien Agreement is attached along with a resolution approving the map. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 8007, accepting the Real Property Improvement Contract and Lien Agreement and authoring the City Clerk to cause same to record Respectfully submitted, L BH:or. j,la Attachments 1< CITY OF RANCHO CUCA14ONGA cr STAFF REPORT tvn DATE: January 18, 1984 TO: City Council and City Manager FROM: Lloyd 8 Hubbs, City Engineer BY: Barbara Kral], Engineering Technician SUBJECT: Approval of Parcel Mao 8007 and Real Property Improvement Contract and Lien Agreement submitted by Philp 31ane and located on the west side of Hermosa between 1i 11son and Hillside Road Parcel Map 8007 was approved by Planning Commission on July 27, 1983 for the division of 17 8 acres into 4 parcels within the R- 1- 20,000 zone. City Council approved an appeal of the cond tion to construct the off -site improvements on Parcel 3 prior to recorda'ion on September 7, 1983 and concluded that a Lien Agreement be accepted it lieu of the construction. A resolution accepting the Lien Agreement is attached along with a resolution approving the map. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 8007, accepting the Real Property Improvement Contract and Lien Agreement and authoring the City Clerk to cause same to record Respectfully submitted, L BH:or. j,la Attachments 1< Y TEMAUVt PA.FLCEL MAP NO.. 8007 �, UI r WEp ty51Q! aF T A P97OFN RI NCl10 E LTJOALONW THE SOUMEAST T 11 E LT ONWN T RANGE 0 NAST J RWM OIGN.ALCORDIO THE OFFICIAL f1.Ai T? EREOF. ,.......,yyyfLLE- SAI.aFASON a ASSOCGTES MAI GI Va, _tea L�st2� -�Cl �. wv�.�•. fi w gi -4 +� 1 Q ,I, 01 11 C•1 � 4� I ✓.,.rar ,./.�� Or,I iY.Y�1•r, I� L� � / M I•InY •.tiwry wiY ww! o F��P YIf fi w gi -4 +� 1 Q ,I, 01 11 C•1 � a RECORDING REQUESTED RY: and WHEN RECORDED MAIL TO: CITY CLERK CITY OF-RANCHO CUCAMONGA P. 0. do. BO7 RANCHO CUCAMORGA. CALIFORNIA 91770 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered Into this day of 19_, by and between Philp Slane and JtanAC C Rlane (hereinafter referred to as • Developer•), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred t0 as 'City'). Provides as follows: WHEREAS, R a general condition p'ecedant to the recordation of Parcel NIP 8007, the City required the construction of .(sling off.site street improvements including curb gutter, A.0 pavement and appurtenant wort adllCent to the property to be developed, And WHEREAS, the Developer desires to postpone Construction of Sucn Improvements until Parcel No a dr Parcel No 7 of said Parcel Nap are developed, and (0 I WHEPEAS, the City 11 lgreeeble to such postponenenl provided that the Developer enters Into in s Agreement requiring the Developer t0 COnYrYCt slid "I'"Vemdpts, at no *'Dente to the City after demand to do so by the City, wnlgh said Agreement shall also provide that the City may construct %aid Improvements if the Developer fa'It or neglects to do so and that the City shall have a lien upon the real property hereinafter described as secur IF for the Developer 1 p <r /Orman Ge, and any repayment due A City. (0 I MOW, THEREFORE, THE PARTIES AGREE: 1 The Developer +areby agrees that they mill Install Off-site street Improvement: Including curb, gutter, A.0 pavement and Appurtenant mart n accordance and Cpmplltnce vlth All applICablA ordinances resol_tlpns, rules and regulations of the City In Affect at the time of the Installation Said Improvements 'hall be Installed u0o'- And along Wilson Avenue. 2 The installation of '.Id Improvements shall be Completed no later than one (1) year fallowing vrltten notice to the Developer from the City to comeee- a Installation of the same Installation of said Imp...... is s.s I be at nc expense to the City Said notice shall not be be71n 10, to the Issuance of a building permit with respect to Alit parcel NO 2 or Parcel no A of psrc@i Map 8007 s 7 In the event the Developer shall f or refuse to complete the Installation of said Improvement n a timely Manner, City MAY it Any ties thereafter, upo living the Developer vrltten notice Of Its Intention to do s0 enter upon the 0r00arty hereinafter described and COSplete Said IOp- ovtoents and recover all Costs Of rO.pletion Incurred by the C,ty rr0m 4ie Developer e e To secure the performance by the Developer of ne l' terms And Conditions of this Agreement AMC to secure A � repayment to City Of any funds whlCh nay De expanded D r city A. COMPIetIM9 said Improvements upon default by in, 0... 100sr f hl-sunder, the Developer does by tnese presents grant, bargain, sell and convey to the Cltr. In -rust, in' fO111v119 described 1 real property situated in the City of Rancho CucAmonga. County of San Dernardl'lo, State of Callfornla, to -wit: •� Force? Mo. 0 of parcel Map 8007 As recorded In Bolt pages 0 01f ICIAI retards of the County of SAn arnar no, State bT"E17 /ornN 1. ro$� 1 11 5 This conveyance Is In trust for the purposes described above 5 how, therefore, If the Developer shall faithfully perform all of the acts and thingt by them to be done under trio Agreement, then this conveyance shall be Vold, otherwise, It &hall remain In full force and effect and In all respects Shall be considered and treated as a mortgage on the real property and the rignts and obligations Of the parties with respect thereto shall be govehed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on real property ►_I e To the extent required t0 give affect of this Agreement as a mortgage, tee term •Derr *per- shall be - eortgagorw And the City shall be the 'mortgagee- as those terms are used in the the Civil Code of the State of California and any other statute pertalning to mOrtagt% on •oil property 9 If legal dawn IS commenced to enforce any of the provision% of this Agreement i recover any sul which the City I% entitled to vaporer from ilia Developer hereunder or to foreclose the mortgage created hereby then the provasltng party shall be entitled to recover Its costs and such ref%enable attorneys as a% shall be awarded by the Court IL 7 i 7 Thls agreement Shall be binding upon dad $hall Inure to the benefit of the het,%, executors, administrator&, 40 successors and assigns Of tacn Of the D,,ties hereto ►_I e To the extent required t0 give affect of this Agreement as a mortgage, tee term •Derr *per- shall be - eortgagorw And the City shall be the 'mortgagee- as those terms are used in the the Civil Code of the State of California and any other statute pertalning to mOrtagt% on •oil property 9 If legal dawn IS commenced to enforce any of the provision% of this Agreement i recover any sul which the City I% entitled to vaporer from ilia Developer hereunder or to foreclose the mortgage created hereby then the provasltng party shall be entitled to recover Its costs and such ref%enable attorneys as a% shall be awarded by the Court IL 7 i IN WITNESS Vr EPEOF, the P"tles hereto here executed this Agreement on the aay and year first above written CITY DEVELOPER CITY OF RANCHO CUCANONGA, a ounfc 1pal corporation corporation ✓ �r By 00 N1 < f Mayor ATTEST: EA our en u C1[Y Clert lark A ......•.. e..•.....,......• ...... ................................ STATE OG EALIFORN IA 1 COUNTY OF SAN BERNARDINOI si mte A s Dn S Ona y aPDeare _.19_. before , per anally par known t0 me t0 be the Mayor Of the CITY OF RAN 0. CUCAMONGA, CALIFORNIA, A muhlClpal Corporation and tno.n to me to bA the person who e.ecuted the wlthln Instrument an behalf of R✓d OUR iCIPS' Corporation, and aCknowledgld to me that suCI, w.nlClpal Corporation eAecuted It WITNESS NY HAND AND OFFICIAL SEAL ury 91e L.rt STATE OF CALIFORNIA 1 COUNTY OF SAN BEANAR OINOI ss me, ✓n ,19- ,before the unoers 9ne teary vo lc persona r appau�� known to me w e L e InStan t . Ost namely su scrlbrd to the within Int trustnt and K[na +I<9e0 c aT, i etecuted It +ITNESS MT NAND AND OFFICIAL SEAL notary 9natere NOT' ✓NEH DOCUMENT IS EAECJTED BT A CORPORATION 02 PARTNERSHIP, THE SOME JURAT IS NOT ACCEPTABLE A CORPORATION /PARTRERSe..IP JURA• S REMTWO - - /1 a • RESOLUTION NO. 01- 18 -09CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 8007, (TFNTATIVE PARCEL MAP. NO. 8007) WHEREAS, Tentative Parcel Map No 8007 submitted by Philo Roane Subdivider, and consisting of 4 parcels, located on the west side of Hermosa Avenue between Hillside Road and Wilson Avenue, being a division of a portion of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 Section 23, Township 1 North, Range 7 West, San Bernardino Meridian was approved by the Planning Commission as providea in the State Subdivision Map Act and is in compliance vith the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8007 is the Final Map of the division of land approved as shown in said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdlvrder submits for approval said Final Map offering for dedication for pub Ur, use the ;tracts delineated thereon. NOW, THEREFOPE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, Calirornia, as follows: M1. That the offers fo• dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City, and 2. That said Parcel Map No 8007 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 18th day of January , 1984 AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST Lauren M. Wasserman, Ulty Clerk jaa zo • RESOLUTION NO. 01- 18 -1OCR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PHILO BIAHE FOR PARCEL MAP 8007 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, , located Parcel Ma 8007 submitted by Philo Biane was approved on January 18, 1984; and WHEREAS, Installation of street improvements established as prerequisite to recordation has been met by entry into a Real Property Improvement Contract and Lien Agreement by Philo Biane, NOW. THEREFORE, 3E IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes tae Mayor and the City Clerx to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 18th day of January, 1984 ATTEST Lau —ren IiI Wasserman, City Clere. jaa L� Jon 0. MiZe-Ts. Mayor AYES • NOES: ABSENT: ATTEST Lau —ren IiI Wasserman, City Clere. jaa L� Jon 0. MiZe-Ts. Mayor • F Due to the change is ownership, Calmark Development Corporation is submitting bonds and agreement to replace those previously submitted by Lewis Properties for the above desc••ibed project This project divided approximately 16 acres into J parcels Calmark has submitted plans to construct apartments on one of the parcels and will be constructing the off -site improvements RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the attached bonds and agreement for Parcel Map 5792 and releasing the previously submitted bonds and agreement from Lewis Properties. Respectfully submitted, LBH:BK :Jaa Attachments _ a z- CITY OF RANCHO CUCAMONGA c% 3 CA STAFF REPORT° �c DATE: January 18, 1984 1977 TO: City Council and City Manager FROM: Lloyd B Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Release of Bonds and Agreement submitted by Lewis Propertie: and acceptance of Bonds and Agreement for Parcel Map 5792 submitted by Calmark Development Corporation located north of Base Line, west of of Archibald Avenue Due to the change is ownership, Calmark Development Corporation is submitting bonds and agreement to replace those previously submitted by Lewis Properties for the above desc••ibed project This project divided approximately 16 acres into J parcels Calmark has submitted plans to construct apartments on one of the parcels and will be constructing the off -site improvements RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the attached bonds and agreement for Parcel Map 5792 and releasing the previously submitted bonds and agreement from Lewis Properties. Respectfully submitted, LBH:BK :Jaa Attachments _ a z- f I 1f •' I 1f a I �P, LI' � � 1 �i F ♦ ate. \ 1 I 1 .4\ 1 di 1�! i- ,In �• II Sii 1 � 11�� \�`;��1��.�� �, � � m, � I I e 3_f \ \i. 7.C.�T � � � —. 1 • 1f.71 _ y `i•.I \\ as ��• �j, I 1.— �• _� y�._t..�C;: C'•i `'C i=� \`♦ ""`��� 'T ���i�_� '�I '• .�"iJ mil_. iJ1 3 j \ , ` ` r` •' ter` � �� •1 in! :� :: d 'slt�i �lui _ clTr OF 9ti4on cuca7alw ® ll ^WVEME AGREETIDIT PARCEL IUD AD. $792 VVW ALL TEN by THESE PAISEHTS: That this sgretatnt IS Audi and intend info. In conforcuna with the previsions of the Iunfcipil Code And Regulations of Ih City of poncho CoOmnga. State of Callfornta, a mnlctptl corooration, here) after referred to As the City. by •M between Said City and CI NARK 0V,LONINT (OPP PATIOn mrn i+ —ter a errta to a t a re opar. WITTICISM THAT. Ifs (AS pursuant to said Code. Developer has requested ao7roes1 by the City of hrcei pup NPKer $792 In accorLnce with the provisions of the report *f'EF@Zjfy g Aesf tnereon, and any aendnents thereto: located m tom wave .sex o/ ArchtWold. SAW, at Aver Lt.. Md. IMEREAS, tM City has established certain requirements to be Set by said Dev- eloper prior to grating the final approesl Of the PSI"', pup; .red, IMEpEAS, the eaetutlon of this Agreewent and posting of loprorevant security es hereinafter cited. and aDproted by the City Attorney, in doomed to be eoulra7ent to prior glotlon Of sow u rtyulrorents far the pupose of securing said .pp m roval; tOH. THEREFORE, it Is hereby agreed by and between the City wad the Developer as follows: T The Developer hereby Agrees to construct At Oesaloper'S expense all • iepror¢ents described an Fege S hereof wit'dn nine "Atha f" tte date hereof. es per Section .12 Of Ordlnarca No. 20. ES 2. The torn of this agrtemont shall be nine moths ccmrancing on the data of necutlon Mnof by the City. This adrcorent she'll c. In default on the day fallowing the last day of the tom stipulated, unless said tern his been extended as hereinafter prorlred. 7. The Deral oper may request additional tine In which to Conplese the pro- vlalons of this agreinnte In writing not less than far wa.b prior to the default date, and including a state.ent of cirmstancts of necaslty for additional tin. in consideration of such request, the City resents the right Co review the provlticos hereof. Including constru_tlon standards, cost estimate, end spfflcienty of the Iprovwlmt security. and to require adjustmnts thereto when warranted by substantial cha119es therein. d. if the Developer /ails or atgle•.ts t comply with the provlslom of this m .gn.nt, the City shalt have the right at ;ray tfm to Ouse said provisions to be Coeplated by any lawful mans, and Ltempon to recover Iron es14 Developer and /or hit Surety the full etst and expenst Incurred fn so doing, S. Encm,cheent pemits shall be obtatnes by the Developer fro,a the office of the City Engineer prior to Stir-. of Inv work within the public right of way, and the Developer SNIT conduct such work In full canaliance with the n- gulations contained therein. lion- mpllann Auy molt In stopping of the spat by the City. and .11.11mt of the penalties provided a. publta right of way leprovenent work reg+lred Shall be constructed to ter fomance with approved 1pnrrvAt plans, Standard Spesificsttonl, and Standard Drawings and any special MMdOnts thereto. Construction shall include any trinsltlons and/or ether incidental pun dnnd necessary fo dretnage or public safety REEK{ act I vap 2 • INr AOtT: ma ACRIT)"r T, Nv\ J•+w Within CatallnG art..,. a1N11 M AIIISently `unwed to eoeal.- t4•nl [Led CltwytlflcJ doloyt to cnq la lmt ." ton ..... of all was am M .rat e[ new mrvnrg ineurrrJ lrels he OevAep'r end /ae his eon[neto[ by any laW to -aaa R. Tu MvCloroc pall be rcarrnalble for rerImc nt, relocation, or re- w•ral of any ermI,.t et any 1"tptien ..ter aYet" In conflict With tin rtanl'ed Wary to the u[laf ... 1.. of the City chit near and he onnar of the carer qun. 9. T ' A•valorcr ehall be r,.ronalbl* far teen ral n�apr\ done oe tMdsdOs- JeMlr fro• the pd•lie riot[ .f Way -t °uiK cent pna,r[y or W191,10 eatd '/'ht of War. 10. Tim WreloKr Mall rlant a14 -Intel" prtuy tiger a, dlreaed by IN Co..", cv..W -nt Ottertail 11 III. ,�feton ofntne ter- of to be furnialled [I b sCra,.¢nt shall be SAJ ca oo [Maaieroral of tits City Attorney- The aviaries' amen[ of "Ed 1pmw -ot saeurtq •lull be net lase than tM a-w[ •hove talrot 1,WWMOJIT SECUREIT SUPIITTot Talehful fIt IIMace % *M S49,000 TYPE IURETT/ CUT pRIWCUAE Flom W uvlal area Labor SoM ({9,000.00 15 WITNUS NEUOr, the pattl- hereto Mre ean.ed Flied' rn..ner to be duly ,.tnfertl geld lth all tot -littu ntnlrsd by fall on the data, G JJx A... +�� __OEYFIOe[M '7.t t DATE Vii: 13 TE WITNESS CITY OF RANCHO CUCANONW Ea11rDaN1A I euniciptl caroo"110, MAYOR er -- -- — - -� Fir tt[•� ATTEST -- CATE n � lr 1• J WYl (. .J J1MYl RCEIEB 7 , xSTUCTIOx AND IOl1 LSTI..MTI ' xctptamn rma fez SGICDU[• • (Attach t0 "Insfaccer•s capy") Dtrtl • rs@IIT M. sOVtRLD IT Iarlara tlly Is /ervnu -a= Men p0} city Dravin9 Na.• Not cmcifte xO• Tel Dvaa nvt lIgeclta. nelud. current is. f" vrltin/ F <mlt or pvTNht Taaiaca4 unt 0 eDY:rADRihY msr fntnATr TOTAL MSrxmr011 COST 40.000.00 tMf @KIEV rF[S MISrtUCTIDx Ixf /tCfIDN • nC Cn VT nCt CV Ctt f. n1 M, fC •lt I.T lyf I'MMIs eAVUI YT ete11CIHCMT 1 ' TOac YItrA ♦1 •I At rr -Ebu.T L. In ' TOM txsF[RIC•t rc•f 1• } 1.1]2 21 CCJ,ValO.Y TEST its, Tlv 102 sd.Y2ixct.YOics •/ Dist" rssf (10• yr intal Cvnnrua tla., Cect Cu level ® f T'�10 Faithful hrtetnnaa Iv -a • S 49,000,p) fOT.0 rittarlal .01 ular tan" f 44 :000 00 etclntananen 1Ln1 S Cash Nvnwen[In0 W %'t: S A• 9221 _ ac. 0 M•In yn .W61t rArvirm it nFryAtl�Ct =npp 1'rf•IIVVr SCtl W MornLA5, the City rosined of the Clty of n mreo State or lar torn la, And 1 Wq ehorelnattOn deal grated As Cuc. +.qnq r, In agrornrnt wnurob; D 1 el -: nnmpn •w aA.Vy da bddnlam red pvDlleclsprovenevs to lss4il'sndteo•pletvaecr- :UfDI /rt t6 anti. which veld agrereena ptoloet 19 ei•, a., [fend( lad on a era y to area to an ti n •part ergo J an , s9ioe I'm s, as id Principal la required agrevnent fuenl.h a bond far the iredhfhder the term[ of said porfamanao of gold Iron, Tncll[roill.', me the principal and rlllr,q. IVU.HIn Qtrrlyr Cm Y sin unto t a try O PAnr as au4ty, atI C an Y "1. !n tha penal sus of Cuuennga (here lna free called c4sw,nu Inn el money o •t a nJ to tn1Y t0 ba made, v to t.a, oe the Psymant pt vole �••• av u ••• tars add .drinktratoo,� ouncivas1 out heirs, suce et"ll ono presents Jointly and sovarallY. flrvlY by thesatu The rondltyan his in obtenal rnn la .ech that tf tnr alpve Succebounded Prior tsaolgn-, ohall It. I., nil •recut..., .......erstora ssors and well and truly heap am tninge nand to t ors and Provisions Derfom the coven. nt androndlc thataa made as tAetat, [ne 81111 ageernon[ and en kept and portornrd DrovlAed on A1s or tlu so sit eration tiled. and 1n A" tea too tine Ann In tna runner Para to be "anlnq, an0 oMlI Ind gets seeordl n9 to rho therein apse - agants and l• y and anve It true Intent and Shot l beraaeanullgor, ss that• bare l.sa C", Ir. of ll ten, full force and votdl of n„ wlrpui aced then onto 06Loat inn .nd offer[ r'r it "pall M , 1 re.11n n to thus a Part of the oh1111r 1u• a•.f tad ....bl n adq,tm• Costs sr.ierc.rnOlt I-protfJ.•n en, .snail torray�o f.vn, v.. urt eJ• 1 1' rnrlud•r obi lgaela" 'It to be toedtaalr• v "O'cra.f °!lip en /nrelnal auea Tender au Included 1r any furl.. nr "a surety her.•b torsion of tine Y ar yno,lrw w I agorae. tool . a9 ... nrn' or to allararlan nnt,••n to rho ter th „n lllutton. sccoatan 11urh to b, l•rr 1n, t t^t resin •.•. ti. ob]lgatlon+ an , Ylnn err a,. . rn •1 such ehanyn carnal bonJ an•I , d1 1- rrhn•,vra. ,r1 tore. tn. ^r t, 1 war of 1grr.err. . L.er 1. 1mt.n rt .n aA , . . 1j • Lr 1•• NIT'.1: VIIf1i J.,I ter 19tn Prin.r.•' an• s•. . n. It L 0 'A"U's OtttWNLW 04MUTION e. ✓ ” d r „ � �/ /�� _� n p Gsl -lOV It. At100.ytT•Ir -InR ..1, a / RRRO'.UTION NO. 83 -222 -A A RESOLUTION OF THE CITY COUNCIL nF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE BOAR OF SUPERVISORS OF THE C)UNTY OF SAN BERNARDINO TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CON- DUCT OF A CENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 10, 1984. WHEREAS, a General Munim pal Election is to be hold in the City of Rancho Cucamonga, on April 10, 1984; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all n-iceeaary expense in performing this service shall be paid by the City of Rancho Cucamonga; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 That pursuant to the provisions of Section 22003 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the Registrar of Voters to prepare and furnish to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self- caller sample ballot pamphlets; and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and will make available to the City additional election equipment and assistance according to state law. SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3 That the City Clerk is directed to forward without delay to the Board of Supervisors and to the Registrar of Voters, each a certified copy of this resolution. SECTION 4. That the City Clerk shall certify to the Passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, and ADOPTED this 18th day of January 1984, AYES: NOES: ABSENT: Jon D. -K-LE. e, Nayor ATTEST: Lauren M. Wasserman; City Clerk ZASOR AND KATtRIALMCn motto IOM NO. 106646 VRNIVM. INCLUDED wHCPL\S, the City Counctl of the Cltpp of Rancho Ncanonga, state of California, and CALVARt -.VEL01t fOFpncho lhare:nat whereby deelgeelte ai pr -Cape eve •ntu .1O •n Igzee,nent vheraDy Gtlnc.pal Agra@ to Install tan end complete ar- d.IlanateA public lryrv.acnt•. which Sole Agreement, faced and Identified as sett Intl ..° !� Stiff i pro- 8 ere y to art, o a .e • ro Mamas- Older dhe game of Said agroanent. principal 1s s- quired before entering upon She performance of the work, to file a good and sufficient tvl> nt bond with the City of Rancho Cuts - .onqa LO Iecur• the -1114 to which reforande 1s mud. In y3tle 13 ecodnq with section 30N) of /ars t of Division 7 of ens Civil c1V13 Cope OI the state Of California. Mow, ?UNITORf. Said principal and Na urdsrlgned as - OCParr Iuraty are halt tlmly be unto et• Ctty of Rancho Neamnp and all contract Subcontractors, leborta, material- and Other persons Sapleyed In the agreement and referred to I- the aforesaid COt�dn of of aforesaid • 1 1n the Su! Of rd�myt TNQ!rAPd AMJ m /1•JOn3r 0dm.f _CIwi ...Hi. boo o os • r t anon of onyyakfnd, or oc arounureuorut~d��ru; the Uneeryloy.ent 7eeurvna Act vfth respect to weh work or labor, @&og in °[orth� upount harelnabovelue oldir.glgthe and aYsoatn uso`uult ex ,eCunt upon ras,onall ° *opens,, andofesa. lorney's fees, Incurred by City in Iuee including !n- IUdlnq reeonrble`�i- enforcing rush obligation, to be awarded end flsad by the ch as carts and to -oust, and to be taxed included In the 1udguent thezNr rendered yW It Is Shall Inure ho tie b1°enefltYOttanylAt'daand agreed that this bond -or ration• entitled to file clelea ° Title sl!`(corlientingnd Under with section ION) of part 6 of Division 1 of Na C1v31 Coda, so as to give s r1 ht of action to them Or Mdr aealgns Drought Saw ,.Ys bond In any cult this obllgat on SaAll condition yy become a Il bond be diAlll than an.t ra.afn In full force and Watt 7h, aunty hereby stipulates and agree. that m Change ex. tenslon of tlee, aitartlon Or addition o the terns Of raid egto.ent or the sparifoatlon..ccampanying the rSa aNll !n any .Inner effect It. Obligations on this ono, byy and It doll hero- wive notfce of any such Change SatSa Ueo Olt-ration Altice , ar ad IN w17ACSS wMC1901, thll inattuaent Na been dear r.e ✓,fed D1 the prfrctW and .uretY above named or xo. tyvR Is ALYARKDDEEVVEIODMENT CORp(WylDN rreicn/t�/•,/Mcu rr twrA, _ By: N - // tl. O. GaL'a 1A. ATrDaNET•IN•rACf RESOLUTION NO. 01- 18 -06CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA14CHO CUCAMOuGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND 19PROVEMENT SECURITY FOR PARCEL MAP 5792 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has f�• its consideration an Improvement Agreement ezecutt+ on January 18, 1984 by Calmark Development Corporation as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, ano generally located north of Base Line, west side of Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Parcel Map 5792; and WHEREAS, said Improveme,'t Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BF. IT RESOLVED by the City Council of the City of . Rancho Cucamonga, California, that said Improvement Agreement and Improvement Security previously accepted by the City for Parcel Map 5792 submitted by Lewis Properties be released. F{ NOW, THEREFORE, BE IT FURTHER PESOLVEO by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 18th day of January 18, 1984. AYES NOES: ABSENT: ion 0 4ikels, Mayor ATTEST: Lauren M. Wasserman, City Clerk jaa lk J • \L CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1984 TO: City Council and City "anager FROM: Lloyd 8 Hubbs, City Engineer SUBJECT: Release of Bonds P.M 6651 - Located on the Northeast corner of Base Line and Archibald OWNER: D1C Associates 270 S Bristol, Suite 201 Costa Mesa, California 92626 Faithful Performance Bond and Labor and Material Bond for the removal of an existing structure $8,250.00 The above bonds were required to guarantee the removal of structures on the subject Parcel Map prior to constrdction The structures have been re.ioved and the bonds are no longer required. P.M. 5922 - Located at Jasper and Gala OWNER: Family Savings b Loan Assoc 3683 Crenshaw Blvd Los Angeles, California 90016 Labor and Material Bond (Road) $48,513 02 • 0 `J CITY OF RANCHO CUCP.IIIONGA COCAM_ C> STAFF REPORT C �b p Z C U � 1977 DATE: January 18, 1984 TO: City Council and City Manager FROM: Lloyd B. Huobs, City Engineer 81: Barbara Krall, Engineering Technician °0 SUBJECT: Request for extension of time for bonds and agreement for the construction of off -site improvements for Parcel Map 5981 submitted by Arlan Walton and located on the east side of Sapphire Street, south of Hillside Road Mr Arlan Walton has requested additional time to complete the off -site improvements for his project, Parcel Map 5981 for economic reasons. The o Parcel Map 5981 rhich construction of for Parcel 1 Bonds in the following amounts are being held by the City Clerk: Faithful Performance Bond: $1,800 00 Labor and Material Bond: S 9D0 00 RECOMIENOATION It is recommended that City Council adopt the attached resolution extending the above described agreement to CCtOber 7, 1984 Respectfully subm Attachments 31 (fie 0 5c -- ..w-� ,�daltl- - 3 �_ • it r CITY OF RAX-m ctvmxDA IWROYFMENT EXTENSION AREfxLMT FOR PARCEL MAP 5981 KNOW ALL MEN By THESE PAli ^i"S• hat this oveekc Is mete am sntved Into, In ConriOmance .ith let aro.talans of the S odms:on May A;! of ina City of Rancho Cucamnga, California, a auhiclpal lor'1nt'0n ty and bet "" the said City, he- alnafte. nfe"m to as the C Y. and AAL(a V VAL.OM referred to as the DOW ner MITMESSETN: THAT, WMAS said Dvelooer intend into an nrnvMpt agrrtaant with the City as a Illuislte to Icsuanct Of pulldtngs permits, and VHEREAS, said perelewr des,r,, an It" "o. of line to co'Late the !d •t of the said Iwboement agreaent AOa THEREFOR[, It is he•eoy ag'"i by the City and by said Deveieper As fat 0.1, I The CoWIet10A date of tae tare{ of the $ay Inprleegnt .drteae0t It haply utendel by a .erlpd Of 11 =Mt" from the date or ea.Irattrn of the laid Nreeeent ENpirictc- dace to to October 7 1984 2. Theresa in 4yroaenent Hcurlttel t, nfiact current imdroveaant costs mall to f„rnynad by the cow,dv +stn tnit yratsent Lm shalt to ...raved by the City Attorney. 7. Tht ry00188 011d and the additional ynntipal Oauntl thb torth on 'M Att ... 8! sheet lof are met • a •11 -thc- tare! and -,.e gent to the sold Irprdve - agreenant shall regain the :{ tv+drrcl of "de -hand t+T cre :rpv sd•t <:nsamH ne -ten, and dI inunt t1 Ce—J lY .'u fare, tnr Di el:per has '"Ott" the Woo defcelted Iedrt.",t tecurtty, all has afflaep A's signature hereto FAITHFL: PERFORMANCE RONO Descripttdn Bond .0.ttt' -pal P. nc toil ""t NONE Surety Co rcial Union Inerace Co A up u •i ndress San Bernardino Ca MATERIAL AND LABOR BONO DesCryilpn Adattlona princlool :saint: NOME Surety S.WE Aldrats Aed':iOnal Cash Depaf't CASH DEPOSIT +CLNRIENTINO Sao NONE MAIMTEMAACE OU AWEE BOND To at pastel .riot !o a;ceo:an:e of tnc Or ArinC�.li or'OAt N/4 ............................ ..............o..............:. :.................. PIT' OF RA:CNO C-J-:AwJ'a;A %i E.CO EA CALIFORNIA, t dun tt toll COrpoq l'On By Analt: u.ren ., nslernm, LltY t vt NOTE: DEVELOPER'S SIGNATURE RM EE MOIARIIEO 3 3 "ATcm, or [l CTto?[vr MO ST GTC GCWaWVC.T FE" r[[ SCIJO IL (A[nrh ru "Imp .[or'• [o•y ") DATE, 12/i/80 r[tillT .W.- Cayce By B. [rall Tit. •cf.reaa 551 S981 Cl., Gnuln7 K].• 1715 mlet a.•. eat In[luj. turr.n[ 4• fnr url4n0 oonit or p....... rap wnc J[p..lm. 013"VM04 CST [STDMn .0 TOTAL CO.ST7:CTICS COS: $1,5!3.75 I'q•rT•nY •TC< •!'•STR:C:II: I.Ip[CTI:•: - - „•t+ L• • -•••l ,.vwnOr rCp II MPACTInr MT tit$ tit 100 ralliwLSCIS IV Otiml I'm (101 et T•wl Cnnatruc[Iml Coat [a ln][•1 ralthtul hr /orwna f•M TOTAL .71,808 00 q :.rUl ]n7 L+S•r 7.rA [ 900.00 'Ialnnnanu bM 7 - :o.h •bnr.n[In7 O.ro.lt 7 n, A .1 f i5L.8 11.!17.7 0 RESOLUTION NO 01- !8.04CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 5981 INiEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed an January 18, 1984 by Arlan Halton as Developer, for the Improvement of public right -of -way adjacent to real property specifically described therein, aid generally located on the east side of Sapphire Street, south of Hillside Road; and WHEREAS, the lestallation of such Improvements, des- ,bed in said Improvement Extension Aq- eement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Parcel Map :981; and WHEREAS, said Improvement Extenaion Agreement is secured and accompanied )y good and sufficient Improvement Security, which is Identified In said Imprcvn+ Agreement. VOW, iHEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Impras,�aent Extension Agreement and said Improvement Security be and the same are hc•eby approved and the Mayor is hereby authorized to sign said Improvement Agreement on benalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto PASiE), APPROVED, and ADOPTED this 18th day of January, 1984 AYES NOES ABSENT: ATTEST: Lauren M. kassermaf, ty Cler at jaa Jon 0 Mi a s, ayoF— — 3s • J i CITY OF RANCHO CUCAMONGA STAFF REPORT CUCA^fo . o' A 2 19%7 DATE: January 18, 1984 TO: City council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Request for extension of time for construction of improvements for Tract 9472 submitted by Boulevard Development, Inc. located on the north side of 19th Street, east of Hermosa Avenue Boulevard Improvement Extension Agreement developers l request an Tract extension 2to construct submitted doff^ site mprovements for Phase 2 of their project. An agreement and bonds in the following amounts are on file in the city Clark's office Faithful Performance Bond: $68,000.00 Labor and Material Bond: SJ4,000.00 RECOMMENDATION it is 12- month extension on that for Trac Council 9472 adopt atlhorizing attached resolution approving a signs ^the Improvement Extension Agreement. Respectfully submitted, jaa Attachments 3 C& N CITY OF RARC10 CUCAMORD.L EHPROy[MHr MEASIOII ACAEEI(EHT FOR Tit 9412 EATN ALL BEB BY THESE PRESERTS: that this agrem, fi site 114 entered Into. in confdrwu:e with the 0roYltlons of the Subdlrislon Rap Act of the City of Rancho CUCASCn9a, California, A anlci0ai corporation, By and bRnrn Ne said here I the Developero es the Clty, and g,. t, . M -- -�hL YITHESSETH: THAT, A:RLiS said D,,vt%atr entc,en I,.a en i „r",w, a9rae alit with the City AS a rtdulslta to Isteadte of buildings pemits, and WHEREAS, said Dfrelo;er easiris an ascension of tips to p/ corpleto the term the $alit IaprasfrAnt a9reerxnt, IHOV. THE.9EFORE. It Is hereby silted by the City and by said Otvelarer as fallout : 1. The eaytotion data of the tai Of Of slid Inpravtntnt ogre”, is hereby astMdeo by a period of S? re anon MS frm me date of a.0'41tl n of the Said agrtedent. A9reaaent ecp s on January 18, 1985 2. Increase In "Droveaent cecurltlfs to reflect current Iayravtaint colts shalt be furnished by the developer with this AgremAt ant shall be .;O.VJ by the City Attorney, 7. The rmul -td bond and the additional principal a,,unts thereof are set forth On the Attaehad sheet • a. All ocher firs. and <dndltloni of lye said laprov", agreexnt shall rem In the tam As evidence of understandlnS the M01110nt CdntAin•d herein, And of Intent to ciuiDly wIth 3441, the pevalpper has subutted the below, deCcrlOed Imra,,^. nt security, and ha$ Liflced h t slgnatur. hereto FAITHFUL PERFCRAMCE 5010 Description: Bond Additional p•� t 1 Surety: Cmenant vutua Inlursoce nc pa - 568,000 Address itaTERIAL AND LABOR BOND Surerlptlpn•Sing Addrttnnal p•tnclpal Amunt: S34,000 Surety: ACC-ea$ CASH DEPOSIT TtO.VIKNEIr, 90M Additional Cash Deposit r'AIBTEHAYCE GUARANTEE AM To be post dn;r Printlpal Mount 3-251.11 ($a. theca ••••� p......u...•IO.atClC . oiKf•0••t• •orated. b:. t" city. ••.w•.ou•uu.ee ttach.d) • •• .o.• ow • • • .a u. • • • •.. CITY OF RARCHSI COCAHO%A DEVELOPER CALIFOAAIA, a unicipal corporation By n 9oulmmd b.s NO - e fin e Attest: , /`Its..` _ Hlcturd Aacayas) n E0706Y auren Hasaersan, ty e"(itl'fa �- / on WTI: OCYEEOFOt•S SIGMATURE KIST BE NOTARIZED ,7 J atapo aUlpwa taFPY • RESOLUTION N0. 01- 18 -03CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 9472 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on January 18, 1984 by Boulevard Development, Inc. as Developer, for the improvement of public right -of -way adjacent to real prcpe�ty specifically described therein, and generally located on the northslde of 19th Street, east F of Hermosa Avenue; and WHEREAS, the Installation of such improvements, described in said Improvement Extension Agreement and subject to the terms tnereof. Is to be done in conjunction with the development of said real property referred to as Tract 9472; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NUW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is .hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the ulty Clerk to attest thereto PASSED, APPROVED, and ADOPTED this 18th day of January, 1984. AYES: WOES ABSENT ATTEST: Lauren M. Wasserman, City Clerk jaa Jon D :i ke f, mayor 38 L A • Y3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1584 " TO: City founcll and City Managt.r FROM: Lloyd 8. Hubbs, City Engineer BY: Barbara mall, Engineering Technician SUBJECT: Approval if Security and Agreement for a Single Family Residence located on the southeast corner of Summit and Etiwanda Avenues submitted by Richard French Security and Agreement have been submitted by Mr French to guarantee the const- uction of off -site Improvements in connection with the construction of a single family residence located at the southeast corner of Summit and Etiwanda Avenues. An Improvement Security Instrument In the amount of $12,750.00 is attached for acceptance. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the Improvement Agreement and Improvement Security described above. Y Respectfully submitt�J / LBHh :yaa Attachments 39 a If the Developer falls or neglects to comply with the provisions of this agreament, the City shall have the right It any time t0 cause said 010v101as t0 be completed by any law. ful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense Incurred In so doing S Construction welts shall be obtained by the D1161. open from the office Of the City Engineer prior to start of any .ark wtinln the Public right- of -.ay. And the devetogo' shall conduct such work In full C0.011I.C• with the regulations contalned therein non- compilance may result In stopping of the .ark by the City, and assallment of the penalties provided b public rl'g ht -of -way Improvement work required shall be Constructed In cant armance wtin approved t.PrQVeeaAt plant AM Standard Specifications, and Standard Dravingt and any special amendments thereto Construction Shall Include any transltlons and /or other Incidental work deemed necessary for drainage or public safety Errors m Quells Ions discovered curing construc- tion shall be earrecteJ upon in dly.etloh of the City Engineer gevised work due to said plan .edtficattcnt mall be Covered by in* provisions of this Agr<emeht and Secured by the Surety covering the original planned works CITY OF CARCMO CUCAMONGA IMPROVEMENT AGREEMENT FOR " SUMMIT AVENUE (Southeast corner of Summit G Ellwanda) KNOW ALL HER BY THESE PRESENTS: That this agreement Is made and entered Into, In conformance with the provisions of thq Municipal Code and Regulations of the City of Re a Cho Cucamonga, State if California. a municipal corporation, terainafter referr- ed to as the City. by and between told City on! Richard T French e hereinafter referred to ap the Developer THAT, WHEREAS, said Developer desires to develop certain real property In said City located at it southeast corner of Suamlr and Etivanda; and WMERcAS, said City has established certain requirements to be met by laid Developer as prerequisite to granting of final approval; and WHEREAS, the a.ecdtlen of this agreement and posting of Improvement security as Hereinafter cited, and approve* ay the City Attorney, are deemed to be equivalent to prior completion of said requirement, for the purpose of securing said approval NOW. THEREFORE, It Is hereby agreed by and between the City and the Developer as follows: I The Developer hereby agrees LC construct at developer's expense all ImOralements described an page a hereof within iE .01ths fro. the Batt hereof E This agreement shall be effective on the date of the refolutian of the Council of said City Approvinq this agrt"en t. This agreement shall be in default on the day follow - Ing tHe first anniversary date of said •oproval unless an ectln- Stan of time his Data granted by said City As hereinafter Provld- Ad. S The D.veloDe. nay request additional time In which to cooplote the provisions of this agreement, In .rltl,g no- I., than 70 days prior to the default date, and Inel,dlnqq a Beaumont of circumstances of necessity for iddltlanal time In tPnsidera- Slon of such request, the CSty reserves the rignt to review the provisions hereof, including construction standards, cast estimate, and sufficiency of the improvement security, and to requlr. .0justrents thereto when warranted by substantial changes therein a If the Developer falls or neglects to comply with the provisions of this agreament, the City shall have the right It any time t0 cause said 010v101as t0 be completed by any law. ful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense Incurred In so doing S Construction welts shall be obtained by the D1161. open from the office Of the City Engineer prior to start of any .ark wtinln the Public right- of -.ay. And the devetogo' shall conduct such work In full C0.011I.C• with the regulations contalned therein non- compilance may result In stopping of the .ark by the City, and assallment of the penalties provided b public rl'g ht -of -way Improvement work required shall be Constructed In cant armance wtin approved t.PrQVeeaAt plant AM Standard Specifications, and Standard Dravingt and any special amendments thereto Construction Shall Include any transltlons and /or other Incidental work deemed necessary for drainage or public safety Errors m Quells Ions discovered curing construc- tion shall be earrecteJ upon in dly.etloh of the City Engineer gevised work due to said plan .edtficattcnt mall be Covered by in* provisions of this Agr<emeht and Secured by the Surety covering the original planned works I York done within existl.g streets shall be diligent. ly pursued to completion= the City shall have the right to COmptete any and All work In the event of unjustified delay In Completion, and to recover all Cost and expense Incurred from the Developer and /or his contractor by any lawful means d The Developer •hall be responsible for replacement, • relocations, or removal of any component of any Irrigation water m, N stem In conflict with the required work to the satisfaction of e City Engineer and the owner of the water system 9 The Developer shall be responsible for removal of All loose rock and other debris from the public right.of• way 10 The Developer shall plant and maintain parkway trams AS directed by the Community Development Director 11 The Improvement SOCarltY to Oe furnished by the Developer to guarantee Completion of the terms of this agreement that be subject to the approval of Ire City Attorney Tre prin. cloal amount of Said Improvement Security Shall not be less than the amount Shown: E r FAITHFUL PERFORMANCE Type: INprorement Security Instrument Principal Amount: $8,500 Name and address of surety: Western Community Bane 6th Street, Corona, CA MATERIAL AND LA304 Type: tame Principal Amount 11,500 Name and address of surety: Same CASH DEPOSIT MC411!EATAiIOM Type Principal Amount: N!A time and address of surety: 10 BE POSTED PRIOR 10 ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused theta presents to be my raacutet and acen0rledge mith all foreallties rodulrad by IU on tnd dates set(�forrth pposlto their signatures Date if 1.N -Y3 dr��' .1 � oer atoper "Ti —qe� urf— i nt• Date by Dere toper Signature ,',.tea Accepted: City of Aan•hp C+camonga, Callferlla A 4u it 1pal Corporatlon By Mayor Attest: city lare ApDroNO Ly t orney DEVELOPER'S S16MATURES MUST BE NOTARIZED yz. 1 �1 L_J C, CITY OF RAMCM CIKAMDKA CONS WJCTIDR ESTIMATE E1R70MDP110 PIJSIIT FEE SGICOIJU for Iaprprmmt Olt 5uas111 Avehu, erns EelwaAde to 160.- East ,ate: 11 /28 /tll 1.0u a la T. Fl le R1 erenca' —T. wIF —�Ity d9. 1 _ WM: Oats rot Include mrr mt fa For writing paaslt a pnrmt depositS. CONST''JCTION COST ESTIMATE ITEM Tif UNIT COST S A-MNT P.C.C. Cure - 12- C.F P.C.C. Care - 6• C.I. 160 L.F 6.00 960.00 P.C.C. Cure only 6- C.F A.C. Ben ISM eln.) a• P.C.C. Sidewalk 6. 0,118 ApiNaCN 8- P.C.C. Cats Gutter 70S S.F. 7.40 1,077.00 Street E cavatton Imported Embarleent Preparation of Su 'Ads Crushed Age -* to sale (per In. thick) A.0 (over 1700 tons) A.C. (900 to 1700 tom) A.C. under $00 to 900 tons) 77 Tons 60.00 2,220.00 A.0 under 500 tons) Patch A.C. (trench) V thick A.C. Overlay Adjust sewer earNeh to grade 1070 S.F 0.70 700.00 Adjust fever Clem out to 9116, Adjust Niter valves to glade Street ' Ignb Strut Signs Street Trees Partway Landscape and Irrlgatim, Amoval of A.C. Partsent SOO S.F 0.75 175,00 Type -L- Parker% 2 E1 75.00 70.0') EucalyPtus 01a04t1 Tress 20 Ea 75.00 1.500.00 Eatrwed Conc. fence 160 L.F 6.00 1,280.00 CONSTRUCTION COST 57.502.07 CONTINGENCY COSTS 958.00 TOTAL CONSTRUCTION 6.500.00 FAITHFUL PERFORMWE C,, ETC (100 %) 8.500.00 LA80A AND HATERIAL SECURITC (50 %1 4.250.00 EhOIFEEAM, INSPECTION FEE 425.00 - RESTORATION/OELIMEATION CASH OEPOS,T 500.00 (REFUNOASLE) HOOWENTATICN SMETY (CASH) N,A ,""ant to City of Rancho Cucamonga MmIcl,al Coco, Title 1, Chapter 1.06, V' Wptin9 See kmrdlm CountS, Code Titles, Chapters 1 -5, A cash mteratim /d,llcJatim denoslt Shall be aside Prier to issunu of ere Eeslneerla9 Cmttractlm Pnasit. • - - yj q -( • IMPROVEMENT SECURITY INSTRUMENT for THIS AGREEMENT, good and entered Into this 280 day of _•tnaCer , 19 93. by and between nerelrafter referrer Un r -, an 1.1.1"fte- referred to a •Borrower u n CAMUMGA. CALIf00. MIA, hdeelnafter referrer to as •City, provides as follows: LITNESSETN: WHEREAS, Lender Is a financial inatitution Subject to regulation y the State of federal government within the eianing of California Government Code Section 66499(s)(3); and WHEREAS, from the proceeds of a loan fro* Lender to Borro.er, Le19fs J3�t,,,Bn de PONt Ior tnr account of Borrower, the $-a of etive asvv .en N_-vtM FY ltv c ro /100 d0llan , two -thlree (2/JI ol'which end court to a an a rela'Tred to as -the Performanca fund- and the other one -third (I /j) of rhIch shall constitute and be referred to at the 'Payment fund' and WHEREAS. Borrower has entered Into in Agreement, herein. after referred to IS 'the Agreement'. .Ith the City whereby Borrower, agrees to Install and complete certain defl;l -tad public lnpravemints, which said Agretment dated nsmwrtrr 2g. 19 4 1 . and Identified a refer, Ing to ProJect 11 hreby refereed to and wade I part here0/ NOW. THEREFORE, in consideration of the City e giving final aporOrel to the Project known as cr and Guth Orlt119 the recordation of any MICI,Or pewit up pertllming thereto. Lender and Borrower a9reet: 1 The performance fund It security ;lodged to the City to in to re that Ba•';wa r. Its heirs, succesiors, eacutort and Jdalnlst,atora, shall In all tillage stand to and gold@ by, and will and tru y keep and Perform the covenants, conditions and prOwlsonf of the Agreement and any aIte•ation thereof made as inert n provided, C% Bp -rower I part to to kept and aerforned Join- .ere and in the manner therein specified and in all 'esp. is accord AT to is true and lawful meaning, and to insure that Borro.er. Its hells, successors, etetvtars and administrators, shell indemnify and save Morales% City, Its GfflCere, agents and 4.210y@ee as stipulated 1n the Agreement 2 Lender mall disoirse the PerferpnCe fund to the City In Such amounts as the City demands, Proettly join receipt Of written demands 119.100 by the City Engineer of the Clty, and SPICllylag therein that Bo,r,,.er if 'n default under the Agree- ment or twls Agreement I In the event City comeenCee yg 1 action to recover al' or any partlnn Of the PerfarmemC, fund. then the City Shall of "Slidell to re eo.e., In addition !o the images *f the Parlor. debate fund, Costs and reesanabto otpon-ws and fees, including reasonable - t!orley a fees e Lender and Borrower ague that the Payment fund Is security 51e9od for the oayment of all contractor %, subcontractors, laborers, mater whaft and Other Persons employed In in- oerfo,mance of the Agreement and who are referred to in Title is (Comm @Ating with Section 7082) of pert A of Division J of the Civil, Code of the State of California for mat, r 1.1, furnished or labor oerforved of any kind, or amounts due under the Unemployment Insurance Act with respect to such work or labor, and that Lender will Pay the same In an amount not exceed- lag the Payment fund, and to tale suite is brought will pay, In . - yy 1 t 0 The City of Aaneho Cucamonga, Cal if Crnia hereby accepts the foregoing Imyoveetnt Security Instrument and agrees: I Upon final completion and acceptance of the re0u1re0 work, and the Perf Ormance of all lets specified In the Ayreeeent, City will •eleese any past of the performance fund not claimed by the City In accordance with the above prov11101%. net needed at security deemed necessary by end City for any guarani#* or warranty period or not needed as security for costs and reasonable OOpenses let fees Of the City, Including reasonable attorney s fees Sedition to the payment fund, costs and reasonable expenses and iftir the completion and acceptance fees. Including attorney's fees ' I This Agreement and the payment fund %hall Insure to wll release the Paynent fund escape the benefit of any and all persons, campanlet and corporations entitled to file cities under Title 15 (commencing with Section the total of all Cietos on which an 7082) of part t 07 Division 0 of the Civil Code so as to give a right of action to them or their assigns In any suit brought upon this Agreement or against the payment fund. City Council of the City 6 No change, aatenslan of time, alte-attan or addition to the terms of the Agreement or to the wort to be performed CITY OF RANCHO CUCAMONGA. thereunder or the speclflCations accempIRYlng the sane shall In any wise affect this Agreement or Lender and Burrowar's ebliga- a municipal corporation tiens hereunder, one they do hereby waive notice of any such Chano'. extension of time, alteration r• add l ties to the terms Of the Agreement p• t0 the work or to the specification This Ag /#*ment shalt becomt effective upon acceptance by the City and APFROTED A: 10 FORM she,: •test, In full farce :nd effect until Such time as the City thall wales* the performance fund and payment fund as >y: hereinafter provided IN WITNESS LBEREOF. Lender and Borrower have eaecut•d this Agreement on the day and year first above written _ mayor LENDER: '• mA IBFI D.h le"A y.w -eem mrSnity as9t byI ...r_ fm* W. am�fteelmz ATTEST, BURROWER: J • J by Or. -- ame < t city Clark v Sec tie The City of Aaneho Cucamonga, Cal if Crnia hereby accepts the foregoing Imyoveetnt Security Instrument and agrees: I Upon final completion and acceptance of the re0u1re0 work, and the Perf Ormance of all lets specified In the Ayreeeent, City will •eleese any past of the performance fund not claimed by the City In accordance with the above prov11101%. net needed at security deemed necessary by end City for any guarani#* or warranty period or not needed as security for costs and reasonable OOpenses let fees Of the City, Including reasonable attorney s fees yS 2 SIX (6) month- iftir the completion and acceptance of the required work, City wll release the Paynent fund escape Such Part thereof as tousis the total of all Cietos on which an action has been Iled and not ce tnere0f given In writing to the City Council of the City CITY OF RANCHO CUCAMONGA. a municipal corporation APFROTED A: 10 FORM >y: _ mayor mA IBFI D.h le"A ATTEST, city Clark yS 0 RESOLUTION NO. 01-- 8 -OSCR A RESOLUTION OF THE CITY CrA)NCIL OF TdE CITY OF RANCHO CUCAMOhGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 12919 SUMMIT AVENUE LOCATED AT THE SOUTHEAST CORNER OF SUK4IT AND ETIWANDA AVENUES WHEREAS, the City Council of the city of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on January 19, 1984 by Richard T French as developer, • the improvement of publ Ir. right -of -way adjacent to the real property .rcc.fically described therein, and generally located on the southeasC corner of Summit and "tiwanda Avenues; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done In conjunction with the deve opnent of said real property as referred to as 12919 Summit Avenue; and WHEREAS, said Improvement Agreement Is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereoy authorized to siln said Improvement Agreement on behalf of the city of Rancho Cucamonga, and the City Clerk to attest thereto PASSED, APPROVED, i,d ADOPTED this 18th day of January, 1984 AYES NOES: ABSENT ATTEST: Jon 0. Mikels, Mayor Lauren M. Wasserman, L ti y t'lerTc ® jaa 1' I CITY OF RANCHO CUCAMONGA �cir MEMORANDUM =i et � 2�2oi3 d3� 19 FNovembdr 2J, 1983 �y� l 4 �. 77 to ti ` rravtse� ti RECcIV2r3 v T0: Robert Dougherty, City Accorney to FROM Nary Kuhn, Personnel RE: Destruction of Records Enclosed for your approval is a Records Irvontory tlorksheat for destruction of personnel files This is scheduled to go to City Council on January a, 1987, so I will need approval by December 17, 1983 Thank you for your assistacce. If you have cny questions, please contact me mk Enclosure INSTRUCTIONS FOR RECORDS INVENTORY WORKSHEET DEPARTMENT Administration FILE CAB. NO. LOCATION Personnel Office SHELF CASE N0. PAGE NO. 1 of 1 OTHER PREPARED BY/DATE_ Mary Kunn _ VOLUME (CU FT.) INCLUSIVE DATES June, 1981 - December, 1x81 SERIES TITLES) d DESCRIPTION OF CONTENTS 0 DRAWER NO. SHELF NO. F.L`LVM: Job Applications for: 509 -02 Associate Planner June, 1981 509 -02 Assistant Planner June, 1981 509 -02 recreation Supervisor June, 1981 509 -02 Associatr Planner August, 1981 509 -0' Assistant Planner August, 1981 509 -02 City Fusser September, 1981 509 -02 Purchasing Clerk November, 1981 509 -02 Engineering Technician December, 1981 FOR DISPOSITION OF RECORDS: _ 4P 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH AR.". NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. WHEREAS, it has been determined that certain City records under the Charge of the following City department are no longer required for public or private purposes: Personael Department WHEREAS, it has been determined that destruction of the above - mentioned catarials is necessary to conserve storage space, and reduce staff time, expense, and confusion In handling, and informing the public; and WHEREAS, Section 30090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a COPY thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, It is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and WHEREAS, said records have beer. approved for destruction by the Cicy Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ,;ESOLVE AS FOLLOWS; SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the City Clerk is authorized to allow examination by and donation to the Department of Special Collections of the University Research Library, University of California, or other historical sooiety designated by the City Council, any of the records described in Exhibit "A" attached hereto and made a part hereof, except those deemed to be confidential. SECTION 3. That the City Clerk shall certify to the adoption of this Admow resolution, and thenceforth and thereafter the same shall be in full force and effect. aPASSED, APPROVED, and ADOPTED this 18th day of January, 1984. AYES: a 0 NOES: e ABSENT: e ATTEST: �eurea '+ y •: i '"ftr Clolk 0 Pdld" 'A' .SESTA6 'ON OF FWn0h'NEL NECJAq 6ePlo)ment ' -olci :lane Aaeocl&W :�:ae 7.4_ ' � A6le�Mt 1'16Ml1 In_b1 7- bafaLt A## a :ete Plsnner tltl 116"w 0 c5 "'bl F,d9NP+ 4 C-orr t ; -D SnELleb9inr !prttnielaer 19 -0. E IC C+ 0 I ILI CITY OF RANCHO CUCAMONGA STAFF REPORT January 18, 1984 TO: City Manager and City Council PROM: Robert A. Rizzo hi Assistant to the City Manager 47WECT Renewal of Participation Agr.ament with CAlifornla State Surplus Property Program larl a rir; .he past three years the City of Rancho Cucamonga has been - °toelpatl.g in 111,, :alifornia State Surplus Property Program which transfers wrP1 e r -3r 1 i, oparty for donatior to non - federal public agencies. The e a arr =1 jut hority and mangos this program. The property available the P,cgr -,P lnci�'as hand and machine tools, hardware, motor vehicles, IF` P' avatars construction equipment, and a hoot of other item. Also, ear ava!:#,µr Stec- a:a continually changing according to the property a.t Lures ..r Gr_e?- t a. -, afty la at 1% of its retsil value e The purchaser nag one year to put properties in service, and it cost stay n service for ore year (in sonic cases, this is 1 112 year` a .he purchaser as allowed 10 lays to return property to receive a refurd ho /ever, this "riod may ce extWed if contact is kept with the agency This program la: provided the City or Rancho Cucamonga with an avenue to obtain equipment for public safety purposes at reasonable prices. It should be noted that same of the equipment is new, however, moat of it seeds work. Also, a "card• oys'em Sa used, An agency fills out a card requesting sow type of . quipment, and when it is received, they are called to view it. They are not held to purchase this property. This program has been utilized by our city to obtain such items as two electric generators, fitters for the street sweepers, and various other equipwnt that have been used to assist our Maintenance Division. Continued .. hi larl a rir; .he past three years the City of Rancho Cucamonga has been - °toelpatl.g in 111,, :alifornia State Surplus Property Program which transfers wrP1 e r -3r 1 i, oparty for donatior to non - federal public agencies. The e a arr =1 jut hority and mangos this program. The property available the P,cgr -,P lnci�'as hand and machine tools, hardware, motor vehicles, IF` P' avatars construction equipment, and a hoot of other item. Also, ear ava!:#,µr Stec- a:a continually changing according to the property a.t Lures ..r Gr_e?- t a. -, afty la at 1% of its retsil value e The purchaser nag one year to put properties in service, and it cost stay n service for ore year (in sonic cases, this is 1 112 year` a .he purchaser as allowed 10 lays to return property to receive a refurd ho /ever, this "riod may ce extWed if contact is kept with the agency This program la: provided the City or Rancho Cucamonga with an avenue to obtain equipment for public safety purposes at reasonable prices. It should be noted that same of the equipment is new, however, moat of it seeds work. Also, a "card• oys'em Sa used, An agency fills out a card requesting sow type of . quipment, and when it is received, they are called to view it. They are not held to purchase this property. This program has been utilized by our city to obtain such items as two electric generators, fitters for the street sweepers, and various other equipwnt that have been used to assist our Maintenance Division. Continued .. Surplus Property Program -2- January 18, 1984 0 Participation in this program requires we authorize personnel in different classifications; this allows us to purchase and receive goods. The four categories these buyers (doneas) are classified in are as follows: A. Category One - Select and take delivery of properties: Wasserman gubbs Fspey B. Category Two - Same as Category One, but a member of Category Onc must . wthorize purchase: Preacher Leonard gougeau Rizzo C. Category Three - May select and not take dnlive.-y: none at this time. O. Category Four - Temporary authorizations - same as Category Three for limited period of tics: none at this time. REC09MATION: Staff recommends the City Council renew its participation agreement in this program to allow us a possible means to secure public safety equipment at reasonable prices. RAR:ek �I 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU�AMONGA, CALIFORNIA, AUTRORIZING TUE EMPLOYEES DESIGNATED BY MARE AND TITI1: bECOW TO ACT f5 REPRESENTATIVE OF THE CITY OF RANCHO CUCANONGA, CALIFOR111A, IN ACflUIRING FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED WHEREAS, the City Council of the City of Rancho Cucamoogn, California, desires to participate in the California State Surplus Property Program. NOM, THEREFORE, BE IT RZSOILVED by the City Council of the City of Rancho Cucamonga as follwat 1. That the City of Rancho Cucamonga will participate in the above mentioned CalLfornfe State Surplus Property Program. 2. That the following listed City employee, will act se authorized representatives to acquire federal rurplus property from the Ca1lfo cola Etste Agency for Surplus Propertyt Lauren Wasserman, City Manager tarry Empey, Finance Director Lloyd Hubbs, City Engineer PASSED, APPROVED, and ADOPTED this 18th day of January, 1983 AYES: NuES: ABSENT: ATTEST: Lauren M, Wosserm,an. City ClerW L , LJ Jon D. Mikes, Mayor 63 rn lJ i E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1984" TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Southern Pacific Track Consolidation Study Attacned for Council execution is the final agreement with the City of Montclair to participate in the cost of a consultant study aimed at eliminating the Southern Pacific's foothill rail line through consolidation with Santa Fe operations or where appropriate abandonment. This Item was reviewed In concept at your December 7, 1983 meeting where the Council approved the proposal. The Rancho Cucamonga share of the consultant study shall not exceed $9,000.00 to be drawn from Systems Development funds. The detailed scope of services are outlined as Exhibit A to the Agreement. RECOMMENDATION It is recommended that the Council authorize the Mayor and City Clerk to execute the Agreement for Feasibility Study Consolidation of the tracks of The Atchison, Topeka and Santa Fe Railway Company and the Southern Pacific Transporation Company and authorize funding not -to- exceed $9 000.00 from the System Development fund. Respectfully submi( zed, LBH: jV Attachments Y DATE: December 7, 1983 C CITY OF RANCHO CUCAAiONGA STAFF REPORT TO City Council and City Manager FROM: Lloyd B. hubbs, City Engineer SUBJECT: Southern Pacific Track Consolidation proposal Several months ago the Council authorized 5625 to participate with the Cities of Montclair and Upland in exploring a proposal to eliminate the existing Southern Pacific Foothill Line, the old Pacific Electric Line, through the three Cities As you recall this line runs from south of Grove and Arrow Route to an area midway between Highland Avenue and Base Line Road at Archibald and then runs directly east into Fontana. This proposal was submitted to the Southern Pacific Co. The attached response cautiously approved the concept. In meeting with Railroaa representatives they agreed with the Engineering and economic benefits of the proposal but were skeptical of chances of working out joint oper- stional characteristics with the Santa Fe Co. They fealt that these problems could actually be heightened by the recent merger of Southern Pacific and the Atchison Topeka and Sante Fe A few industries are served by this line to Rancho Cucamonga These industries could not be served from the Santa Fe line Consolidation in Rancho Cucamonga would not be possible. The line would be totally abandoned and alternative service to the industries would be required. The industries would have to be relocated or alternative transportation provided In ,hart problems in Rancho Cucamonga are somewhat more difficult than the other cities The benefits of abandoning this iine are great and could result in savings of millions of dollars to the City along with the removal of numerous hazards and environmental problems Adding to the attractiveness of abandonment Is the existing availability of grant funds to remove and restore existing grade crossings. Attached is a proposal from L. D King through the Cit, of Montclair proposirg to complete additional studies to carry track consolidation and abandonment through the Cities of Pomona, Montclair, Upland, Rancho continued . _ Sf C � City Council Staff Report Re: Southern Pacifc Consolidation December 7, 1983 Page 2 Cucamonga and Fontana The scope of services are as outlined and the total fee is 545,000 to be divided equally to the five agencies, or $9,000 each. This proposal obviously involves unusual risks of failure, however there would seem to be sufficient potential for success and massive benefits which would warrant the expenditure to proceed with these studies. If the Council agrees you should direct staff to prepare the necessary agreements for Joint participation. The City of Montclair would act as lead agent The project would be funded from System, Development funds. REC"ENDATION: It is recommended that Council direct staff to complete the necessary agreements to continue application procedures to abandon the Southern Pacific Foothill Line. • Respectfully submitted, LBH:bt Attachments E $to CaoNfhern pacific Txanspartation Company J • r Sa,Vwm Punk eullGnA . ens MM" Plan . San hamla G111ani. 91105 ............. : :'.;�u7 :•�.•• October 6, 1983 •.`+ °�"`••��• Ur. Carl J. Freeman RECEIVED 32558 �••••••••• Senior Viee President 932558/323 L. D. King, Inc. 517 North Euclid Avenue QuT 2 '. i9 83 Oatario, CA 91762 CITY Of RANCHO CUCAUONGA Dear Mr. Freeman ENGINEETNG D.V'S.O11 Refer to your letter of May 20 to Mr. D. J. Skiff regarding the proposed consolidation of Santa Fe and Southern Pacific trackage through western San Bernardino County. We have reviewed the preliminary data you have furnished concerning the two options being considered and find that the proposal does have merits and may eery well be feasible. While there are some benefits to be derived by SPTCo. due to the . elimination of track maintenance and from the grade crossing closures, the majority of the benefits seem to accrue to others and the SPTCo, branch line trackage to be eliminated is the vehicle to accomplish the desired results. While we see no major engineering problems that could not be resolved, there could be some problems from an operating standpoint and, of course, the continuation of service to our shippers is of paramount importance. Our preliminary information indicates that the industries `aking service within the project limits yield approximately 200 carloads of traffic annually. In summary, the project eoes seem feasible in concept but would be beneficial to SPTCo. only if t1a6 savings to be derived more than offset (1) the initial and annual costs of operating on Santa Fo trackage and (2) Railroad's share of the capital costs associated with the project. Without fu:tber details of what is proposed and how it will impact SPTCo., we are not in a position to submit the matter to Management and therefore our above comments must be considered preliminary in nature and without commitment. (See Page 2 for cc's) Yours very truly, ,S17 Ll AGREEMENT FOR FEASIBILITY STUDY CONSOLIDATION OF THE TRACKS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY A`H) THE SCUTHERN PACIFIC TRANSPORTATION COM.IANY THIS AGREEMENT ,.a made and entered into this day of _, 198_, by and between the CITY OF MONTCLAIR, a municipal corporation, hereinafter referred to as "HOntciair ", and he CITY OF RANCHO CUCAMONGA., a municipal corporation,.hereinafter referred to as "Rancho" W I T N E S_ E T H WHEREAS, MONTCLAIR and RANCHO have immediate need for a study of the possible ccnsolidation of railroad operations of the O Southern Pacific Transportation Comoany (SP), presently utili- zing the tracks commonly referred to as the Pacific Electric tracks, to the Atchison, Topeka and Santa Fe Railway (AT A SF) tracks between the City of Laverne to the City of San Bernar- dino so that numerous existing grade crossings of streets and SP tracks may be eliminated; and U WHEREAS, the Cities of MONTCLAIR, RANCHO, Upland and Fontana have desires to pursue the consolidat! ^^ of railroad operations in their boundaries and have requested that MOh =L:Z7 act as lead agency in preparing a study to further these goals; and WHEREAS, the City of Pomona and others may also support the proposed consolidation; and WHEREAS, the support of adjacent Cities will enhance the possi- bility of accomplishing a consolidation project; and 5 g Page 1 of 5 WHEREAS, MONTCLAIR is willing to act as lead agency for cooper- ating Cities and direct a study effort; and WHEREAS, RANCHO is willing to participate in the study effort; and L. D. King, Inc., in association with DeLeuw, Cattier and Company, has prepared a preliminary project proposal for SP and AT a SF review; and WHEREAS, SP and AT 6 SF staff have indicated the consolidation may be feasible subject to their further consideration when more complete data is available; and WHEREAS, MONTCLAIR intends to proceed with the development of additional data and intends to contract with L. D. King, Inc., and DeLeuw, Cather and Company, hereinafter referred to as "Consultant ", to undertake and provide such services THEREFORE, It is agreed as follows: • I SCOPE OSCOPE O =ES It is the intent of this Agreement to provide the financing an.: lead agency support for a portion of a feasibility plan report oA the pt,-posed SP -AT S SF track consolidation gener- ally between the City of ..a Verne in Los Angeles County and the City of San Bernardino in San Bernardino County The scope of services shall be as further defined in Exhibit A. At this time, the Cities Of MONTCLAIR, RANCHO, Upland and Fontana wish to proceed with the consolidation study, and initial study limits will be from the Los Angeles County Line easterly through the City of Fontana to an appropriate 0 Page 2 of S s9 easterly terminus. The easterly terminus will be deter- mined by the study. As directed by MONTCLAIR, the study area may be expanded into Los Angeles County. II SERVICES BY RANCHO RANCHO shall provide CONSULTANT existing traffic counts, accident records, Gereral Plan Zoning Map,, existing land use maps, and other pertinent mapping in RANCHO; assist the CONSULTANT in identifying existing drainage problems, land use conflicts, or other supporting information for the study; and coordinate any necessary meetings with existing SP customers within the City limits o! RANCHO • III. COMPENSATION El MONTCLAIR shall assess each participating City an equal share of study preparation costs RA14CHO shall reimburse MONTCLAIR for an equal share of these study preparation costs, but not to exceed a total of nine thouzand dollars ($9,000). MONTCLAIR shall bill RANCHO monthly or as appropriate as the study preparation is completed Iv. TIME OF COMPLETION MONTCLAIR will direct that a draft consolidn .ten report be completed by March 20, 1984. A time schedule for the completion of other continuing tasks will be developed by Page 3 of 5 (00 0 the Director of Public Works and CONSULTANT. All work to be performud under this Agreement shall be completed by January 1, 1985, unless a time extension is mutually agreed to by XONTCLAIR and RANCHO. V TERMINATION The right is toserved by RANCHO to terminate this Agree- ment at any e1.me upon written notice to MONTCLAIR in the event the project or any portion thereof is to be aban- doned or indefinitely postponed. In any slich caso, MONT- UA1R 4hall be paid the value of the services rendered up to the time of termination. Vr 7ETIGNA TANCHO hereby designates Lloyd B. Hobbs, City Engineer, to ae its principal contact and agent in all consultations with RP.NCHC during the fulfillment cf the terms of this Agreement. 21 61/ Pago 4 of 5 4 ® IN IITNESS WHEREOF, the parties hereto have executed this Agree- . ment on the date first herainabove written. ATTEST: C ty Clerk ATTEST: City Clerk E ;L- CITY OF MONTCLAIR Mayor CITY OF RANCHO CUCAMONGA Page 5 of 5 C E X H I B I T A SCOPE OF WORK FOR AN ENGINEERING STUDY OF TRACK CONSOLIDATION OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY (PASADENA LINE) AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY (FO;LMERI.Y THE PACIFIC ELECTRIC LINE) IN EAST LOS ANGELES BERNARDINO COUNTY COUNTY AND WEST SAN TPis presents an outline scope of work for engineering studies tc evaluate the technical and economic feasibility of consoli- dBt!OR of operations of the Santa Fe and Southern Pacific via a joint u-e aL the Santa Fe tracks. TEE BACKGRCUND Th.j gain line of .ha Santa Fe Railway (between San Bernardino and 1.os Angeles via Pasadena) and a branch line of Southern Pacific parallel each other along the base of the San Gabriel • Mountains through LaVerne, Pomona and Claremont in Los Angeles County; and Montclair, Upland, Rancho Cucamonga, Fontana, Rialto and San Bernardino in western San Bernardino County. The Southern Pacific (5p) line is the former Pacific Electric com- muter line, which once served downtown San Bernardino from Los Angeles. Santa Fe (AT 6 SF) presently operates an average cf 14 through trains a day in the study area. This includes four AMTRAK pas- senger trains. Future increases in train traffic are anticipated by AT 6 Sr. The SP line is Only lightly used. Apparently in the westerly outskirts of Fontana it is not operated at all, as a recent field inpsection disclosed several thousand feet of track occu- pied by piggyback flatcars in dead storage. Those portions of i l/�3 • C C the line which still operate are used intermittently and re- ported to carry on.y one train roverent in each direction per day during use periods. In the mid - 1970'x, these two parallel lines through the (•ity of Claremont in Los Angeles County were consolidated and the SP track was removed All SP trains through Claremont now operate via the AT 6 SF under a joint trackage agreement. THE PROPOSED STUDY This project will evaluate the feasibility for extending the existing Claremont joint trackage arrangement westerly to La- Verne and easterly to Fontana The study will present docu- mentation inpacts under four geographical headings as summa- rized below. 1. East Los Angeles County - LaVerne to Claremont This reach of consolidation would tie to the existing con- solidation in Claremont and extend westerly to a location near white Avenue in eastern. LaVerne. There are about four existing SP grado crossings that would be eliminated in this two -mile consolidation A new track connection from AT c SF to SP would be constructed in east LaVerne. 2 West San Bernardino County Consolidation - Montclair through Upland This study urea wi..l consider SP -AT a SF track co:solidation for about four miles from Claremont through Montclair and upland. SF would •3porate on the AT1,SF track to a point near 11th Street or Campus Avenue in Upland. About 16 2 I C existing or proposed SP grade cr,.ssirgs would be elimina- ted. A new track connection from AT S SF to SP could be constructed in east upland In connection with this option, we would also explore the possibility of closing one or more existing AT & SF grade crossings on minor streets in Upland. 3. Central Consolidation - Upland to Fontana This reach is for SF -AT S SF consolidation for 13 to 15 miles or more from Upland through Rancho Cucamonga and portions of Fontana. With SP operations on AT SSF track, about 26 existing or proposed SP grade crossings would be eliminated in this study area, assuming the joint use ex- tended to Citrus Avenue In Fontana. 4 East San Bernardino County Consolidation - Fontana and East This study area is the City of Fontana easterly to Cedar Avenue in the City of Rialto and would involve about three miles of consolidation and the elimination of about 12 existing crossings of the SP line. STUDY REPORT TASKS The study will document the costs and benefits of a track con- solidation project. The tasks to accomplish this presentation are outlined as follows: Railroad Customer Service Impacts ;t SP service to existing customers on their line will he elimina- ted or alternative service must to provided with the consolidation U C C program. The study will document the present service levels and explore alternative service costs Local agency )and use planning for lands adjacent and in the vicinity of the SP line will be reviewed and tho probable timeframe of continued opera- tions by existing customers on these sites will be projected. Relocation of existinq customers and service via portions of existing SP main linty and existinq /new spur tracks connecting to the AT 6 OF t racks will be considered. The study will identify the sections of track that appear might be retired, determine where now track connections might be installed, develop concepts for serving the more important existing shippers, obtain and analyze data on existing shippers and car movements, and develop preliminary costs and a recom- +s mended plan for financing This effort will includo consulta- tions with owners or tenants of industries served along the SP line to determine the importance of rail service, whether these industries plan to relocate, the probabilities that they will need rail service in the future, and zoning policies or plans for redevelopment by public agencies that may affect each industry. Thu objective would be to determine the length of OF *racks that could economically be abandoned, giving due con- sideration to other community factors. While dosirable, it does not appear economically nor technically feasible to preserve service to all industries which now ..avo access to a rail siding and actively use rail service. Railroad Oneration Impacts SP and AT a SF consolidated operations on a single track will require additional coordination and scheduling by both railroads. A 66 C { The study will present information so that AT aSr can confirm that the existing AT a SF track does have the capacity to accord - modate SP operations. Costs associated with the accommodation of SP on the AT S SF tracks will be presented To this end, the following studios will be ur.dertakeni 1. Feld inspection of the tracks, stations, and other rail- rcad facilities. Obtain up -to -Cate information on train movements and up -to -date track naps. 2. Prepare formal letters requesting cooperation from each of the railroads, and obtain data on expected future train movement. Obtain data as to possible future changes in operations, Possible extensions of passing tracks, general growth of rail traffic, ponsibility of double tracking, and relative importance of the various rail services desired in the corrio� i. Projoct fu:u:e vehicular traffic across each of the grade crossings, or raining such data from previous traffic studies or City Engineering departments. 4. Identify any pecial problems causing excessive delay to vehicular traffic by trains, such as future passing tracks where trains must wait for opposinc movements to clear. 5. Consider relative effect of various grade separations on railroad operations, as for example, providing unobstructod lengths of auxiliary tracks for opposing train movements to pass. 5 • 0 C C 6. Idontify possible problems of railroad traffic congestion or conflicts at the consolidated rail facility. 7. Compile data on switching operations e Consider need of improvement /relocation of the existing Pomona AMTP.XK station. Benefits of the Elimination of Existing Tracks and :.radc Crossings ' -- Significant benefits would accrue to Cities and the two car- riers through concentrating all train movements into a single corridor. Savings would be realized in the cost of maintaining eiiating trackage, crossings and automatic protection on the portions of the SP tracks abandoned. These oust s.,vinga will be estimated by crossing and by reach of consolidation. Local Agency Benefits e track = ensolidaticn program will enhance the funding poten- t1a1 for grade separations on the ATa SF line. This study will separately identify consolidation benefits using California Public Utilities Commission (CPUC) criteria for use by indivi- dual Cities in grade separation nominations for projects in their jurisdiction. Pomona expects to nomirato a ueparation at Garey Avenue, Montclair will propose sepa -ation projects at Monte Vista Avenue and possibly Central Avenue, and Rancho Cuca- monga has a need for a new crossing (at -grade or separated) at Milliken Avenue and is in the process of considering other separations. Upland does not plan a separation project at this time Fontana plans a separation at Sierra Avenue. 6 C C 1.1 In addition to reinforcing grade separation nominations, there are significant potential benefits associated with the elimina- tion of the SP tracks . Many existing crossings are narrow and sight distance is you because of street grade changes at the crossings Drainage and existing drainage devices at crossings pose traffic hazards. These conditions will be identified by crossing, by City, and by consolidation reach. This will in- volve a review of conditions at each track- street crossing by Consultant and City Engineering Staff and written documen- tation of conditions, benefits and potential cost savings by crossing. Among the benefits to be realized by the communities from the consolidation and from elimination of some of the existing trackage will be a number of tangible and civic values. Depending upon the needs and desires of the Cities, an attempt could be made to evaluate some of the following: i Noise. While activity on the SP line is minimal, the study could compare present noise levels witt e"pected levels follcwing the relocation of train :movements. 2. Blighting effects of the SP facility on existing and pro- posed residential neighborhoods in the consolidation cor- ridor. 3. Potential uses of the SP rignt -of -way to be abandoned. Is there some identified need for this corridor? Son.e of the abandoned railroad riants -of -way in Santa Clara County have been converted into attractive, landscaped parkways and expressways. 4b 7 C C 4• Effsct of the present rail corridor on seoaraloocJsneighbor- hoods and school districts. Ir.,proved safety oOl children- 5. Improved accessibility Ind increasedymarket Values tto those to parcels of land affected by Proximity Scnedule It is anticipated that the consolidation study will be ini- tiated by the City of Montclair on December , 1983. Formal written notification of the start of the project and requests for data will be made to both SP and AT 6 SF by December 8th. This will enable Montclair, Pomona, Rancho Cucamonga, and their Fontana to reference this ongoing project in the1 19B4 -65 tions for crossings or separations to the CPUC for office in annual list. These nominations are i on December 12, 1983. San Francisco no later than d %00 p• The Consultant shall camplete a draft consolidation report by March 20, 1984. This schedule will enable the Cit its in support porate more definitive consolidation Project of their nominations at the CPUC hearings that will be conducted cisco on April and beginning Los beginning in San Fran Angeles April 10, 1a84. Financin f the study, alternative methods of finer - Under this portion o ve funds for improvement cin9 will be investigated. We belie and restorations along the portions of the SP track to be 8 -)o C l abandoned will be available under the Section 203 Federal High- way Safety Act program. This would include the removal of rail facilities at existing crossings, regrading to eliminate sight distance hazards, rerouting of drainage systems and utilities, and reconstructioi of street improvements. D.hile it is antici- pated that it will take about two years to complete the consoli- dation agreement between the railroads, applications for Section 2e3 funds could be processed concurrently so that each City would have assurance th.•t improvements could be implemented immediately following the removal by SP of the existing trackage between street intersections. Portions of the cost of implementing a consolidation may prove to be an incidental fei;ture of a comprehensive program of grade crossing elimination. These item would be eligible for State allocations under the $15 milllo ;. annual grade separation pro- gram administered by CPUC and Caltrans During the study, the Consultant will watch the developments in the Federal and State sector closely. If alternative funding assistance programs become available, the Cities will be notified and an attempt to adapt the format of the report would be made as aprropriate to meet these program requiramrnts. Cooperation by Cities Data furnished by the City and County would include: I. All pertinent data, maps, and reports available in its offices, including detailed engineering plans of streets and highways I9 9 0 C C 2 Copies of previous plans and reports relating to the rail- road grade separation pt, lem, and the most recent develop- ment plans for the City and irmediate area. 3. Latest vehicular traffic data Obtain additional traffic counts where required. 4 Aerial photographs of the study area, if available. 5 Plans cf existing and proposed public and private drainage and utility systems in the study area. 6. Basic data and City Engineering Department consultations relating to costs of restorations and the value of bene- fits to be derived by the project. to Mars of Study Areas UI The attached vicinity maps illustrate the existing SP and AT s SF tracks and the location of the Cities adjacent to these facilities. 100 1- L_ J RESOLUTION NO. 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ot RANCHO CUCAMONGA, CALIFORNIA, RECOONIEING TPE CHERSAK FAMILY HOME AS A SIONIPICAhT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has adopted Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation) and WHEREAS, the Rancho Cucamonga Historic Preservation Coactaslon has investigated the historic significance of the Cherbak Family Home a„d has held public hearings concerning this Community Church in accordance with Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation, and WHEREAC, the Historic Preservation Commission has found the Cherbak Farll. Home to be a significant historic feature of the City, and thereby recomnends it for designation has a City Historic Landmark. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho C�cnmonga, California, as follovsl The City Council finds and determines that the Cherbak Family Hone, located at 9983 Hillside Road, has pet the criteria established for ddslgnation as a City Historic Landmark, and therefore, and with the recommendation of the Historic Preservation Comnission, designates this site .13 a City Historic Landmark. PASSED, APPROVED, and ADOPTED this 18th day of January, 1984. AYES NOFSI ABSENT, Jon 0. Mikele, rlayor ® ATTEST, r Lauren M. Wasserman, City Clak n RESOLUTION NO. 84- A RESOLUTION OF THE CITY CCUNCIL Of TAE CITY OF R?HCHO CUCAMONGA - ALIFORNIA, RECOGNIZING THE UNITED METHODIST CHURCH Of CUCAMONGA AS A SIGNIFICANT HISTORIC FEATURE Of THE CITY Of RANCHO CUCAMONGA AID THEREFORE DEStONATIW IT r_a A CITY HISTORIC LANDMARK. NHEREAS, the City Council of the :,ty of Rancho Cucamonga, California, has adopted Chapter 7.34 of the Rancho Cucamonga Muricipal Code relating to historic preservation and WHERFAS, the Rancho Cucamonga Historic rreservation ComrSaslon bas inveutlgated the historic significance of the gnited Methodist Church of Cucamonga and has held public hearings concerning this Community Church in accordance with Chapter 7.74 of the Rancho Cucamonga Municipal Cide relating to historic preservation, and WHEREAS, the Historic Preservatio,. rommisnion has found the United Methodist Church of Cucamonga to be a ctgnificant historic foature of the City, and thereby recommends it for desigration tea a City Historic Landmark. 1OW, THEREFOR „, BE IT RESOLVI i the City Council of the City of Rancho Cucamonga, California, as follu, The City Council finds and determines that the United Methodist Church of Cucamonga, located at 7690 Archibald Avenue, has met the criteria established for designation as a City Historic Landmark, and therefore, and with the recommendation of the Historic Preservation Commission, designates this site an A City Historic Landmark. PASSED, APPROVED, and ADOPTED this 18th day of January, 1984. AYES, NOES, ABSENT, ATTEST, Lauren M. Wasserman, City Clark Jon D. Mikels, Mayor 7`i 0 C E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE- January 18, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner comas , n 1977 SUBJECT: ENVIRON14ENTAL ASSESSMENT AND ZONE CHANGE 83 -08 (TENTATIVE i - - c ange o zi one prom PEdium Density es ent a -14 du /ac) to Low Medium Residential (4 -8 du /ac) tar 16.5 acres of land located on the west side of Center Avenue between Arrow Highway and 26th Street - APN 209 - 091 -10. SUM14ARY: The Planning Commission, at its January 11, 1984 meeting, held as pull hearing and approved Zone Change 83 -08 and recommended approval of the Negative Declaration for the above - described project. In addition, on December 14, 1983 the Planning Commission approved Tentative Tract 12525 for the development of 122 single family dwellings Please find attached a copy of the Planning Commission staff report which fully describes the project The proposed zone change and project are consistent with the City's General Plan and related ordinances The project site is appropriate in size and shape to accommodate the proposed development. No adverse emvironmental impacts are anticipated as a result of this zone change RECOMMENDATION: The Planning Commission recommends that the City O approve the zone change request through adoption of the attached ordinance and issuance of a Negative Declaration Resp�ctflluilI``y. srdbmitted, Rick GomPf� ` City Planner , G /FD /jr Attachments: Planning Commission Staff Report - ZC 83 -08 Planning Commission Stuff Report - TT 12525 Planning Commission Resolution - ZC 83 -08 Planning Commission Resolution - TT 12525 Proposed City Council Ordinance -- CITY OF RANCHO CUCA 1ONGA STAFF REPORT LLy DATE: January 11, 1984 t, TO: Chairman and Marbers of the Planning Commission is FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner SUBJECT: ZONE CHANGE 83 -08 - TRUAX (TENTATIVE TRACT 12525 - A change in zone from um - u ac to —Odium (4 -8 du /ac) for 16.5 acres of land located on the west side of Center Avenue between Arrow Highway and 26th Street - APN 209- 091 -10. 1 PROJECT AND SITE DESCRIPTION: A. Action Request d: The applicant is requesting approval of a zone change from Medium Density Residential (8 -14 du /ac) to Low Medium Residential (4 -8 du /ac). 8 Purpose: To construct 122 zero lot line dwellings. C Location: Nest side of Center Avenue, between Arrow Route and [h treet. D Parcel Size: 16.5 acres. E Existing Zoning: Medium Density Residential (8 -14 du /ac). F Existing Land Use Vacant Parcel. G Surroundino Land Use and Zoning: North - Industrial, zoned Medium High (14 -24 du /ac) South - Single Family Residential, zoned Low (2 -4 du /ac) East - Vacant parcel, zoned Industrial Park West - Vacant parcel, zoned Medium (4 -14 du /ac) H. General Plan Designations: Protect Site - Medium Residential (4 -14 du /ac), Industrial Park North - Medium High Residential (4 -14 du /ac) South - Low (2 -4 du /ac) East - Industrial Park ` Nest - Medium (4 -14 du /ac) ,7& ITEM E O 2 PLANNING COMMISSION AGEIDA January 11, 1984 Zone Change 83 -08 Page 2 II ANALYSIS: A. General: The' Planning Commission at its December 14, 1983 me�g held a public heart,g and approved Tentative Tract 12525 for the construction of 122 zero lot line units In addition, the Commission recommended approval of the associated Negative Declaration. Please find attached a copy of the Planning Commission staff report which fully describes the project. A change of zone to LM was a condition of approval on the Tentative Tract Map. The project site is adequate in size and shape to accommodate the types of u -;es that would be permitted within the Low Medium (4_8 du /a•) zone. The zone change in conjunction with the developmJnt will be compatible with the Medium Density General Plan designation of 4 -14 du /ac. III FACTS FOR FINDINGS: The project site is adequate in size and s ape to aeon- ate the proposed project. The change of zone is consistent with the Seneral clan and has a density within the range allowed The aoproval of this zone change will not create adverse Impacts on surrounding properties IV. CORRESPONDENCE: This tem has been advertised as a public hearing [em in he ail Re o•C newspaper and all property owners within 300 feet o the suo eci property have keen notified To date, no correspondence related to the zone change has been received. V. RECOKKIDATION: It is recommended that the Planning Cortmisslor comsid-e—r--a-TT input and elements relative to this project. If after such consideratior the Commission can -upport the findings, /adoption of the attached Resolution would b appropriate Resoettf lytdGhitted, I RICK G ME City P anner RJ /FO /kep Atta:hments: Staff Report Tentative Tract 12525 Resolution 7 71 RESOLUTION NO. 84 -01 A RESOLUTION OF THE RANCHO CUCAMONGA PUINNING COK41SSION RECOMMENDING APPROVAL OF ZONE CHANGE NO. 83 -08 REQUESTING A CHANGE IN THE ZONING FROM MEDIUM TO LOW MEDIUM FOR 16.5 ACRES, LOCATED WEST OF CENTER AVENUE BETWEEN ARROW HIGHWAY AND 26TH STREET - APN 209- 091 -10 WHEREAS, on the 10th day of November, 1983, an application was filed and accepted on the above - described project; and WHEREAS, on the 11th day of January, 1984, the Planning Commission held a duly advertised public hearing pursuant to Sectio,i 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the followingilndings: 1 That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and cenpatlbility with existing land use in the surrounding area; and 2 That the p- oposed zone change would not have significant impact on the environment nor the surrounding oroperties; and 3 That the proposed zone change is in conformance with the General Plan, SECTION 2: The Rancho Cucamorga Planning Commission has found that his project will not create a significant adverse impact on tie environment and recommends issuance of a Negati,e Declaratiun rn January 11, 1984 NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 11th day of January, 1994, Zone Change No. 83 -08 2. The Planning Commission hereby recommends that the City Council approve and adopt Zone Change No 83 -08 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council 7� APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY, 1984. • 4!SSION OF THE CITY OF RANCHO CUCAMONOA BY u I, Rick Gomez Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Recolutlon was Culy and regularly introduced, passed, and adopted by the Planning Cnnmissidn of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11th day of January, 1984, by the following vote -to -wit: AYES: CO!:41SSIONERS: REMPEL, BARKER, JUAREZ, IICIIIEL, STOUT NOES: C"ISSIONERS: NONE ABSENT: COK41SSIONERS: ,NONE 0 • 79 - CITY OF RANCHO CUCA`31ONGA c0CAt1 STAFF REPORT DATE: December 14, 1983 Isn TO: Cnairnan and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner SUBJECT ENVIRONMENTAL ASSESS14ENT AND TENT`TIVE TRACT 12525 - TPUAX - A total development and sub v is ion of acres lato 123 lots, comprising 122 zero lot line units in the R -3 /PD zone, generally located on the west side of Center Avenue, between Arrow Highway and 26th Street - APN 209 - 091 -10. I. PROJECT AND SITE DESCRIPTION: A. Action 4eauested: The applicant is requesting approval of a •tentative tra map for the above - described project. i B. Purpose: To create 122 single family units C. Location: Generally located on the south side of Arrow gnway, etween Turner Avenue, and Center Avenue 0. Parcel Size: 16.5 acres E. Existing Zoning_ R -3 /PD F Exist inq Land Use: Vacant Parcel G, Surroundin Land Use and Zonina: flort - n ustr a , zoned Medium High (14 -24 du /ac) South - Single Family Residential, zoned Low (2 -4 du /ac) i East - Vacant Parcel, zoned Industrial Park Nest - Vacant Parcel, zoned Medium (4 -14 du /ac) H. General Plan Desionations: ro a -t Site - 1UTTe-Tdential (4 -14 du /ac), Industrial Park North - Medium High Residential (14 -24 du /ac) South - Low (2 -4 du /ac) East - industrial Park West - Medium (4 -14 du /ac) :i B O ITEM I PLANNING COMMISS(r STAFF REPORT TENTAiIYE TRACT 11,6 /1RUAX December 14, 1983 Page 2 I. Site Characteristics: The site consists of a vacant vineyard with a slight e evat on gain towards the center of the site. In addition, the site contains a variety of indigenous plant materials which are native to the area. The project site is surrounded to the north, south, and east by paved streets which are unimproved There are no stractures located on the site. II. ANALYSIS: General: The applicant is requesting the approval of a tentat ve tract map (Exhibits "A b 30), which will create 122 zero lot line homes on 16.5 acres of land located on Center Avenue, between Arrow Highway and 26th Street. Please note that a previously approved project (TT 11915 - Mayer) would have created a mix of patio and towr.home units, for which x zone change from R -1 to R -3 /PO has teen previously granted The new Truax proposal of 122 zero lot line units is in keeping with the predominant single family character of the North Town area, ultimately creating an environment which is more supportive and compatible with the existing neighborhood. In addition, the applicant is proposing a chance of zone from • the previously approved R -3 /PO (Medium Densify, 4 -14 du /ac) des tgnation to Low Medium (4 -8 du /ac). A condition of approval has been provided requiring the appl cant to secure the necessary zone change at a subsequent Planning Commission meeting. Please note that this project reflects the City's recently adopted zoning regulations which outlirie various standards related to open space, recreation facilities, landscaping, energy conservation, etc. Conditions of approval have been provided which fully address the new requirements B. Desion Review Committee: The Design Review Cortmitt +y teas p�rVl y conteRe with the perimeter block wall (graffiti problem) and suggested the following alternatives to tl,e present design configuration (Exhibit "0 "). These include: (a) adding earth berating along wall frontages, designed to reduce ultimate wall height; (b) providing segments of wrought iron fencing designed to eliminate writing surfaces; and, (c) Planting perimeter walls with thorny shrubs and vines designed to maximize security while eliminating writing surfaces. Staff recommends that one of the aoove alternatives (or a combination) be chosen by the Planning Commission and added as a condition of approval for this project. • gl e PLANNING COMISSIC STAFF REPORT TENTATIVE TRACT 12,tS /TRUA% December 14, 1983 Page 3 The Design Review Committee was also concerned with 2 -story zero lot line dwellings (blank elevations) facing Arrow Highway and 26th Street and suggested: (a) that 2-story dwellings be eliminated on units visible to public view (unit •8" facing 26th Street), or, (b) that these unit elevations be reversed providing greater amounts of variety and visual relief to the streetscape A condition of approval has been provided on the attached Resolution designed to mitigate this situation. C. Development Review Committee. The Development Review Committee was or I mar I y concerned w th providing street improvements contiguous to Arrow Highway, Center Avenue, and 26th Street Improvements are to include curb, gutter, pavement, sidewalks, drive approaches, street lights, cross gutters, etc , where appropriate (see Standard Conditions), In addition, the Development Review Committee recommended that the applicant work in concert with the County Flood Control District in order to convey storm water to the Deer Creek Channel S 0 ^-adinq Comittee: The Grading Committee approved the applicant,, conceptual grading plan subject to approval of a precise grading plan E Environmental Assessment. Part I o. the Initial Study has been completed by the applicant and I= attached for your review. Staff completed the Environmentas Checklist and found no significant adverse environmental impacts related to the Project III. FACTS FOR FINDINGS: The randings listed on the attached Resolution are suprorte by tFe following facts 0 The project Site Is adedJate In size and shape t0 accommodate the development and the proposed single family uses are in accordance with the objectives of the General Plan and Zoning Ordinance. o The proposed site ola,, in conjunction with the conditions of approval, is ronsiste t with the current development standards of the City IV. CORRESPONDENCE: This item has been advertised as a public hearing Tt—erP7—'--n--fFe­-6aiIY Report newspaper and notices were sent to proper v owners within Juu feet of the subject property. 0 ¢ :k- PLANNING COKMISSZr STAFF REPORT �l TENTATIVE TRACT 1 - t5 /TRUAX December 14, 1983 Page 4 J V. RECOMMENDATION: It is recommended that the Planning Commission con utt a pub is "hearing and receive all public input On this matter If after such consideration the CC.mmission caa support the facts for findings and conditions of approval, adoption of the attached Resolution and issuance Of a Negative Declaration is recommended Respef t4fl ly Imitted, �— Rick mez C 1ty lanner RIG:FD ;r Attachments Exhibit "A" - Tentative Tract Map Exhibit "B" - Site Plan Exhibit "C" - landscape Plan Exhibit "0" - Nall Details Exhibit "E" - Site Utilization Map Exhibits "F -I" - Elevations e Initial Study, Part I Resolution of Approval With Conditions 0 g3 f4 • evn.e w•7r .roan V _ t•= �.. T YV�ti Q ru iL _! ' _%z•, Z NORTH Llama KOZ RAID i •��i _ � .2.,,. PLANNING DIVL90N EXHIBIT, p- SCALE, zy � c o s 10j1�� s i •\ CL IA tr i Isis I� yy � r NORTH CITY OF rrE%t: RANCHO CUCAMONGA TITLE, - —_z � — - -`Uti vzl� � PL.ANNIN3 DIVOON ExHIBrr, �$CALE, _ QS C C • RESOLUTION NO. 83 -142 A RESOLUTION OF THE PLANNING C0Y.41SSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT MAP NO. 12525 WHEREAS, Tentative Tract Map No. 12525, hereinafter "Map" submitted by Miller /Truax G Associates, applicant, for the purpose _f subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as a residential subdivision of 122 zero lot line homes on 16.5 acres in the R -3 /PD zone generally located on the west side of Center Avenue, between Arrow Highway and 26tIl Street into 122 lots, regularly cane before the Planning Commission for public hearing and action on December 14, 1783; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth to the Engineering and Planning Division's reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Division's reports and has considered other evidence presented at the public hearing NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: SECTION 1: The Planning Commission makes the following findings in regard td end tative Tract 'lo. 12525 and the Map thereof (a) The tentative tract Is consistent with the General Plan and specific plans. (b) The design or improvements o` the tentative tract is consistent with the General 213n and specific plan;; (c) The site is physically suitable for the type of developmeit proposed; (d) The design of the subdivision Is not likely to cause substantial environmental damage and avoidable Injury to humans and wildlife or their habitat; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not ccnflict with any easement acquired by the Publlc at large, now of record, for access through or use of the property within the proposed subdivision. 17.+ Resolution No. Page 2 E (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. hereto, IT heIeby2 approved Tentative subject to all of 1the 5following which (conditions aandcthe attached Standard Conditions: PLANNING DIVISION 1. Details of energy conservation equipment shall be submitted to the Planning Division for review, and approval by the City Planner, prior to Issuance of building permits 2 A zone change (from R -3 /PD to Low Medium 4 -8 du /ac) shall be required prior to Issuance of building permits 3 Unit "8" facing Z5th Street shall either (a) be reduced to a singlL story; or (b) be "flipped" in order to expose a dwelling facade which provide greater amounts of variety and visual interest • 4 All two story travelling units facing Arrow Hwy„ Center Avenue, o• 26th Street shall include wood trim, window mullins, or ocher fenestration designed to provide variety and visual interest. The City Planner shall review and approve these details prior to issuance of building permits 5 The Phase I project boundary shall be expanded to include the common - ecreational area. ENGINEERING DIVISION 6. Permits shall be required from the San Bernardino County Flood control District to connect required storn drains to the Deer Creek Channel 7. Arrow Hw,., shall be reconstructed to eliminate deficient paving and street sections (full tridth) to the satisfaction of the City Engineer 8 The required sidewalk on 26th Street shall be a straignt type at the property line. 1. J g r� Resolution No. 83 -1420 ` Page 3 9 Construction of off -site improvements beyond a phase boundary are required at the discretion of the C4ty Engineer as needed for drainage and traffic safety and shall be bonded for prior to recordation of that phase. 30. All median islands at the entrance of the private access roads shall have a setback of a minimum of 5 feet from the right -of -way line APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER. 1983. PLAN, CO .M ISSION nOF THE CITY OF RANCHO CUCAMONGA X ^ _ Dennis •$Lout,,,:na1rman i ATTEST. Acting Secretary or the Planning Commissi an i 1, RICK GOMEZ, Acting Secretary of the Manning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Cemnissimi of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held On the lath day of Decamoer, 1983, by the fo'lowing vote -to -wit AYES: CO,'0115SIONERS REMPEL, BARKER, STOUT NOES COMISSIOUERS: NONE ABSENT COMISSIONERS JUAREZ, MCNIEL - _ 88 $s "q ;11 r: silt a. 8_II -� 26.9 Q -; :Q�2 - Aso °D =: 121 ?�s D.s. 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F_:• .e ?dr f "s .ca IL e' a` Y33g ( C ` =l•I \' � �i | �! °! ! � � I i 92 � �•� � ' � ƒ \ { � � h \ i� \i\ \! && |5a �� t® 12 RE §f \I / /� { |5�# | §!\ - � .4:22 § § §! / ! 2. |aJ .• \5Q \ \ \ / \ i;! ! /- { ; 4 �� !e: a \\ 2' 32 Q- \ /3! �/ \ !\ /E�,4� {� §#§ =a )Q /§pie ta2� $\ y |! ! ; \! 2g �S.i =5 =-i -!�- -- ' a r . }\ \f � \} !#� rl p!= , \/ ) �QZ | r � / � ]! / \ ({ \ \ :! !! 2i ) it § - (a I• ,! 2 ` '; e ;j R / \ /\ it eu I !\ • e :! , e\! _ oft �/ \! lyglalgl.S:S 2.� �i .i� », §N !§ ,!! -}_ !_ »l2EI l2,t -o2 wz ;& � � 0 2! §) \ 3 ! p!= , \/ ) �QZ | r � / � ]! / \ ({ \ \ :! !! 2i ) it § - (a I• ,! 2 ` '; e ;j R / \ /\ it eu I !\ • e :! , e\! _ oft �/ \! lyglalgl.S:S 2.� �i .i� », §N !§ ,!! -}_ !_ »l2EI l2,t -o2 wz ;& � � 0 a 0 y a a a � C p z YS SI .4 T 77 ,'-ail E ORDINANCE NO. 01 -18 -03 CO AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209- 091 -01 LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN TURNER AVENUE AND CENTER AVENUE FROM MEDIUM DENSITY RESIDENTIAL (8 -14 DU /AC) TO LOW- MEDIUM RESIDENTIAL (4-8 OU /AC). The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan and Development Code 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 Development Districts Map is hereby amended accordingly Assessor's Parcel Number 209- 091 -10 approximately 16.5 acres in size located on the west side of Center Avenue, between Arrow Route and 26th Street 1s hereby changed from Medium Density Residential (8 -14 du /ac) to Low Medium Residential (4 -8 du /ac). The Mayor shali sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail Re o�rt, a newspaper of general circulation published in C —� C1ty�on tario, California, and circulated in the City of Rancho Cucamonga, California. c1G 1984. PASSED, APPROVED, and ADOPTED this 18th day of January, e AYES NOES: ABSENT: ATTEST: Jon e s, ayor auren asserman, ty er /Jr 0 - 97 CITY OF RANCHO CUCAMONGA Gt STAFF REPORT r i DATE: January 18, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cota, Assistant Civil Engineer SUBJECT: Approval of the Final Environmental Impact Report (EiR) for Alta Loma Drainage System E 51 Attached for Council approval is a resolution certifying and adopting the subject Final Environmental Impact Report for Alta Loma Drainage System Said project Is located north of Banyan Street between Archibald and Hermosa Avenues, and includes construction of debris and detention basins, channel and tributary storm drains This -eport, as prepared by Donald G King and Associates, is in conformance with the Cavifot+la Environmental Quality Act (CEQA), addresses prooable environmental effects and mitigation measures, and responds to cor.ients received from locally affected agencies Attached for your review are comments on the draft report and responses for inclusion in the Final EIR Also attached is the Craft Final EIR. Following the public hearing scheduled this date to consider said project report, the Council may then approve the aforLmen•ioned resolution. RECOMMENDATION It is recommended that the City Council consider approval of the attached resolution certifying and adopting the Environmental :mpact Report for the Alta Loma Drainage System Respectfully subaltted, Attachments COMMENTS AND RESPONSES 134 0 The following are surmarles of comments received during the response per lod. Responses tr these ccamonts follow. The letters of response are appended to these responses. I A. Metropolitan Water District of Southern California Mr. Edward J. Thornhill, Principe! Administrative Analyst. 1. There exists an MWO 120 Inch ploal lne and right -of -lay south of the existing Alta Lana Onsins. Improvements to these basins may require Imposing loads onto this plpel [no. Loads greater than those described In AASHTO H-20 14ulre submittal of plans to MWO for approvbl. 2. The MWD wants to review and comment on Improvement plans for work adjacent to the right -of -way noted above, when these plans are available. 3. Prior to encroachment onto M.YD right -of -way noted above it will be necessary to obtain a permit (or lease) from the MID. Contact Mr. A. L. Hovanec at 213- 230 -6000 ex. 460. RESPONSESi The location of the MWD right- of -vay pipeline have been noted. When Plans are completed the appropriate port,ons will be transmitted to the MWD for review, All loading, encroachment, and other permit rcquiremenrs will be met as suggested and required. S. Department of Transportation and Flood Control San Bernardino County Allan J. Klelhold, Chief Water Resources Division COH3ENT: The Dist-Ict has reviewed and will continue to review proposals for basin moolf lcatlons. The Olstrlct will continue to coordinate pinnc With the City and consulting engineers RESPONSE: No Issues for change were requested. 9 0 1r LOPPENTS AND RESPONSES 1 33 C. Land Nanagoment Department Environmental Public Mork, Agency San Bernardino County Stave Latterly, Environmental Analyst COMENf s San Bernardino County has reviewed the EIR and concurs with the determ lnation. • REPONSEs No response Is required. D. Departmem• of the Army Corps. of Engineers, Los Angeles District Carl F. Enson, Chief Planning Division Cfd9ENTs The proposed plan does not conflict with existing or authorized plans of r,e Corps. of Engineers. Post - drainage project Improvements will not occu within the 100 -year flood plain. RESPONSEs ho raspsnse Is required E. State Office of Planning and Research Terry Roberts, Manager CONENTS s The comments deal .•Ith State procedure, but not with the project EIR substance. RESPONSES The procedural Information Is noted and appreciated. CO)ENTS AND RESPONSES 136 • F. State Departwnt Of Transportation R. G. Pate, Mlef Transportation Planning, 0rTnch A COM ENTS: These comments deal with responsibilities and procedures should the project cross a state highway right of way (State Route 30) and notes If the project does cross State Route 30 the EIR should be modified to note this. RESPONSE: The project Initially considered (alternative 1) crossing State Route 30 via line 4C. Line 4C was subsequently deleted. The project does not cross a State highway right of way at this time. The comments are appreciated, however, and will be retained for ijture reference. No other Corvenid were received. /Q/ is 0 1 : VARTMENT OF TRANSPORTATION 0 FLOOD "ONTROL ,Q lot (hind Street . Son ge tmwchna, CA r4150830 (710363. 1. IC . City of Rancho Cucamonga 9320 Baseline Road. Ste. C Rancho Cucamonga. CA 91730 Attenticn: Mr. Blane N. Frandsen Gentlemen: M� . e "• COUNTY Of SAM IERNAADIN0 ENVIRCNMENTAL rti•• _^-+� NEUC WORKS AGENCY t• a L NGaau BLu r November 18, 1983 Fl.e: 1- 995/1.00 -10 1-405 /1,00 1 -406/1 00 Re: Zola 1, Alta Lcma Drainage System Reference is made to your letter of October 28. 1983. with acccmoanytng distribution draft of the Alta Loma Drainage System Environmental Impact Report, requesting the District's review and comments The Alta Lcma Drainage System constitutes a major flood control facility, and because of this we are concerned with continued ecerdination with all asscctated agencies. We have rtviewed .nd will continue to review proposals for basin modification, channel construction and new structures, as well as ascertaining the capacity of existing facilities District representatives will continue to coordinate with the City and with the consulting engineers to alleviate flooding and drainage problems within the area. Should you have any further que3t1cn3 Concerning this matter, please feel to contact the undersigned at (714) 383 -2388 Very truly yours, LLA OL�hiaff Water Reso roes Division AJK:JJJ:m3s �( cc: Charles L. Laird, Asat. Dir., Administration '� Ruben V. Nontn, Chtef. Flald EnKineerina a The Metropolitan Water District or Southern Calitornia rr• r ...I Mr. Blane W. Frandsen V.4 C :; i City of Rancho Cucamonga _ Community Development Department Engineering Division P. O Box 807 C _ ' Rancho Cucamonga, California 91730 ' Dear Mr. Frandsen: jDraft Environmental Impact Report for the Alta Loma Drainage System Thank you for your letter of October 28, 1983, trans- mitting a copy of the draft Environmental Impact Report (EIR) for the Alta Loma Drainage System We previously commented on the storm drain Line 4C entioned In your notice of preparation for the EIR in a letter dated March 4, 1983, to Mr. John L. Martin of your org 2rization However, because of new information found during our revie4 of the draft EIR, we have additional comments Metropolitan's Rialto Pipeline as shown in Figure 4 on pave 11 of the draft EIR lies immediately south of the existing Alta Loma Flood Control Basins for which improvements have been proposed. Construction of your proposed project may affect our 115- to 180- toot -wide fat property and our 120- inch- inside- diameter Ri+t_to Pipeline located therein. For example, because of the substantial grading associated with the pro3ect, you may wish to cross our fee right of way during the construction work on the basins with fairly heavy loads. Metropolitan's pipeline in this area is adequate to withstand AASHTO H -20 loading. if the contractor plans to use eny equipment over Metropolitan's pipeline which wil, impose loads greater than AASHTO H -20, it will be necessary to submit tte specifications of such equipment for our review and approval prior to its use. Also, we would appreciate the opportunity to review and comment upon any plans that you prepare for the construction of facilities that are in the vicinity of our right of way 11119.,.•t IuWr.ud Lw 41.01 C4�i 'U'1`4,edn+. 8... nU W. " "', U., 0.1)74 TJq.n.w _1 .w •.•a • t +e Metropolitan Water Dotna of Southern California Mr. Plane W. Frandsen -2- DEC : 1323 I Please be advised that this response is based upon information available to the Metropolitan Water District which was pre-ared by or on behalf of Metropolitan for general record purposes only. Such information may not be sufficiently detailed or accurate for your purposes. No warranty of any kind, either 1 exprass or implied, is attached to the information herein con- ( veyed as to its accuracy, and no inference should be drawn from Metropolitan's failure to comment on any aspect of your plans. You are therefore cautioned to make such surveys and other field Investigations as you may deem prudent to assure that your plans are correct. Before our property can be used for any construction or other purposes, it will be necessary for you to obtain an entry permit or possibly a lease. For information regarding this, please contact the Director of our Right of Hay and Land Division, Mr A. L Hovanec, telephone (213) 250 -6000, extension 460 We appreciate your informing us at an early stage of your proposed project Should you require additional information, please contact Mr Jim Hale, telephone (213) 250 -6000, extension 564 JHB:gg 1 Very truly yours, Edward J, rnhill Principal dmint.strative Analyst Environmental Planning /Or)' yu DEPARTMENT OF THE ARMY LOS ANa[Laa OIiTNInT Can" or [No1Na[Ila T 1 .. P.0 sax nl l LOS ANO[Laa, R*X 271, eeeaa . +niN1.0, Or December 19, 1983 SPLPD -R Hr. Blane V. Frandsen, Associate Civil Engineer City of Rancho Cucamonga 9320 Baseline goad, Suite C PLSt Office Box 807 Rancho Cucamonga, Californla 91730 iDear Hr. Frandsen: This is in response to a latter from your office which requested review and convents on the Draft Environmental Impact Report (DEIR)for the Alta Loma Drainage System. The proposed plan does not conflict with existing or authorized plans of tho Corps of Engineers. We have no convents on the DEIR other than to note that the post - drainage project development cited in the DEIR will he not taking PIS ca in the 100 -year flood plain. Thank you for the opportunity to review and count on this document 0 Sincerely. �, / �CaMF Enao 1 Chlef, P!anning Division F 4 �� ED a •1 - �� Cur 0: oAnCnC Cu;aNOnCt it Subject: SM8 85105110, Alta Lora Drainage Svsten .I Dear )•h• Frandsen: The State Clearinghouse submitted the above named draft Envirocencal Impact Repert (EIR) to selected state Agencies for revtev. The review period is closed and the com- ments of the individual agency(ies) is(are) attached If you would like to discuss their concerns and recocandations, please contact the staff from the appropriate agrucy(ies). When preparing the final EIR, you must include all cot• =ants and responses (CEQA Cutdeltcea, Section 15146). the certified EIR must be considered in the decision - caking process for the project. In addition, we urge you to respond directly to the commenting agency(ies) by writing to then, including the State Clearinghouse number nn all correspondence. A 1981 Appellate Court decision in Clear• v. County of Staaislaus (118 Cal. App. 5d 748) clarified requirements for responding to review coecents. Specifically, the court indicated chat comments must be addressed to detai), giving reasons why the specific comments and suggestions were not accepted. The responses must show factors of overriding significance which required the suggestion or coledt to be rejected. Responcat cc co­ ants must mot be conclusory statements but must be a,-,ported by em- pirtcal or experimental data, scientific authority or "planetary information of aey kind. The court furtber said that the responses must be a good faith, reaconed analysis. In the event that the project is approved without adequate mitigation of significant effects, the lead agency cost make written findings for each significant affect and it must support its actions with a written statement of overriding considerations for each unmitigated significant effect (CEQA Guidelines Section 15068 and 1'089). I1 the project requires discretionary approval from any state agency, the Notice of Determination must be filed with the Secretary for Resources, as well as with the County Clrra, please contact Bruce Walcars at (916, 445 -0617 if you have any ques- cions about the environmental review process. Sincerely, i Zu ® Terry Roberts Manager G Scats Clearinghouse cc: Resources Agexcy �Glo ottachnant - F. ..s a Mac M or n uns4os CE OF PLANNING AND RESEARCH nvu Sulu O 93914 .ecember 19, 1985 rr«w f.��e. 1111 Y \� C' S• r Val t Slane Frandsen '1 tv of Rancho Cucamonga _ • ,'j is ;5:0 Base Line, Suite C rancho Cucamonga, CA 91701 C:tr C: pA7:Cn. Cc:AC'.'.' Subject: SM8 85105110, Alta Lora Drainage Svsten .I Dear )•h• Frandsen: The State Clearinghouse submitted the above named draft Envirocencal Impact Repert (EIR) to selected state Agencies for revtev. The review period is closed and the com- ments of the individual agency(ies) is(are) attached If you would like to discuss their concerns and recocandations, please contact the staff from the appropriate agrucy(ies). When preparing the final EIR, you must include all cot• =ants and responses (CEQA Cutdeltcea, Section 15146). the certified EIR must be considered in the decision - caking process for the project. In addition, we urge you to respond directly to the commenting agency(ies) by writing to then, including the State Clearinghouse number nn all correspondence. A 1981 Appellate Court decision in Clear• v. County of Staaislaus (118 Cal. App. 5d 748) clarified requirements for responding to review coecents. Specifically, the court indicated chat comments must be addressed to detai), giving reasons why the specific comments and suggestions were not accepted. The responses must show factors of overriding significance which required the suggestion or coledt to be rejected. Responcat cc co­ ants must mot be conclusory statements but must be a,-,ported by em- pirtcal or experimental data, scientific authority or "planetary information of aey kind. The court furtber said that the responses must be a good faith, reaconed analysis. In the event that the project is approved without adequate mitigation of significant effects, the lead agency cost make written findings for each significant affect and it must support its actions with a written statement of overriding considerations for each unmitigated significant effect (CEQA Guidelines Section 15068 and 1'089). I1 the project requires discretionary approval from any state agency, the Notice of Determination must be filed with the Secretary for Resources, as well as with the County Clrra, please contact Bruce Walcars at (916, 445 -0617 if you have any ques- cions about the environmental review process. Sincerely, i Zu ® Terry Roberts Manager G Scats Clearinghouse cc: Resources Agexcy �Glo ottachnant - ..i cdwNnia emorandum Ms. Terry Roberts, Manager State Clearinghouse Office of Reurces, Energy, and Permit Asssoistance 1400 Tenth Street Sacramento, CA 95814 DVARTM[NT OF TRANSPORTATION District 8 Ruunxa and Tmmyrtuwn ARanq • oaM December 7, 1983 Fae- 8- Sgd -30- 6.57/7.03 SCH +': 83103110 DEIR for Alta Loma Drainage System - Rancho Cucamonga We have reviewed the above- referenced document and request consideration of the following: The report is vague with regard to the actual location of proposed drainage improvements. While the assessment district boundary extends across the adopted freeway alignment for the proposed Foothill Freeway (State Route 30), it is nor clear whether any drainage improvements will also extend across state highway right of way. This needs to be clarified. If the project will cross the adopted freeway alignment for the proposed Foothill Freeway (State Route 30), the EIR should address this .ituation ano any appropriate mitigation measures. It should be noted that for any work within state highway right of way, Caltrans is a responsible agency and may require that certain mitigation measures be provided as a condition of permit issuance. Regarding work within state highway right of way, the following should be noted: 0 o Lines parallel to the highway should, where possible, be placed outside of the state highway right of wav; longitudinal installations within .reeway right of way are permitted only under special circumstance, primarily where no other feasible alternative exists. • Transverse lines should cross the h`ghety at right angles. • Lines within highway rights of way may t, required to be encased for ease of maintenance. o Liies crossing freewa• rights of way are normally requ -red to be encased between rigrt of way limits. . We urge early and continuous liaison with. Caltrans on proposed plans as they affect state hignways. (� �I2f �_II I /07 DEC 13 1983 Ms. Terry Roberts Page 2 December 7„ 1983 Consideration should also be given to clarifying some of the maps. Several are hard to read and symbols used are not always defined. If you have any questions, please contact Steven Keel at (714) 583 -4550. r G. POTS —`� Chief, Transportation Planning Branch A (Planning) SLK:aab cc FD[iusva, Plan Coordination Unit, DOTP File • RESOLUTION NO. 01- 18 -02CR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ADOPTION AND CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ALTA LOMA DRAINAGE SYSTEM WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the Final Environmental Impact Report for the Alta Loma Drainage System; and WHEREAS, the adoption of said drainage system required an Environmental Assessment; and WHEREAS, an Environmental Impact Report has been prepared pursuant to he California Environmental Quality Act, as amended; and WHEREAS, a public hearing was held on January 18, 1984 by the City Council at 7:33 pm at the I.ion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, to receive public comment on the Final Environmental Impact Report (EIR) for the Alta Loma Drainage System; and WHEREAS, torments received from locally affected agencies regarding the Draft Environmental Impact Report (DEIR) have been addressed in the Final Environmental Impact (FEIR) for the Alta Lama Drainage System; and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby approve and certifies the Final Environmental Impact Report for the Alta Loma Drainage System and also hereby directs the City Clerk to file a Notice of Determination pursuant to the California Environmental Quality Att. PASSED, APPROVED, and ADOPTED this 18th day of January, 1984 AYES: NOFS ABSENT: ATTEST: Lauren M. Wasserman, C tl er ,)aa Jon D Mfkers—,-Ra—y—oF7— • - / 09 • 11 NI CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1984 TO: Mayor and Members of the City Council FROM: Ricr Gomez, City Planner BY Michael Vairin, Se0or Planner SUBJECT: ENVIRONMENTAL ASSESSME!lT AND SIGH ORDINANCE AMENDMENT - An amen Went to t o a t o Rancho Cucamonga un c pal Cade, Section 14.20.110 of Chapter 14.20, Signs, to change the maximum height limit for a wall sign on an industrial building from 20 feet to a height not to project above the roof line BACKGROUND: Currently, the Sign Ordinance allows wall signs on n user a buildings not to exceed 20 feet above the finished grade. Since the adoption and creation of the Sign Ordinance, the typical size of industrial buildings, especially warehouse /distribution centers, are increasing in size and are reaching 40 to 50 feet in height. with the 20 -foot limitation, this limits the placement of the s!gn in the lower portion of the building and prnvides an awkward Acpearance. The original intent of the 20 -foot height limitation was to prevent signs from being placed on silos, towers, or other similar structures other than the actual industrial building Therefore, staff has proposed an amendment which would limit the wall sign height below the roof line. The Planning Commission conducted a public hearing on Cecember 14, 1983 and reviewed and considered the proposed amendment. Please find attached Planning Commission Resolution 83 -143 which recommends adoption of the amendment to the City Council Also attached to this report is a copy of the Planning Commission staff report and ordinance for the Council's consideration. CORRESPONDENCE. Staff has contacted the Chamber of Co=erce Ordinance umm ttee regarding this amendment. TO date, no opposition has been voiced by any members of the Ordinance Committee. Additionally, no opposition or discussion by the public was made at the Planning Commission public hearing. //O CITY COU!'CIL STAFF REPORT Environmental Assessment /Sign January 18, 1984 Page 2 Ordinance Amendment RECOMMENDATION: The Planning Commission attache r finance 65 -C and issuance of Proposed Sign Ordinance amendment. Rlppe,tfujl j submitted, f Ck Gomez y Planner RG /MV /Jr has recommended adoption of the a Negative Ceclaration for the i' Attachments: Planning Commission Staff Report - December 14, 1983 Planning Comuissicn Resolution 83 -143 Proposed Ordinance 65 -C 11 0 • CITY OF RANCHO CUCAMONGA A/q STAFF REPORT �r �l DATE: December 14, 1983 ign TO: Chairman and Members of the Planning Commission FROM Rick Gomez, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - An amentFe-nt--to-7-tFe-14-of the Rancho Cucamonga Municipal Code, Section 14.20.110 of Chapter 14.20, Signs, to change the maximum height limit for a wall sign on an industrial building from 20 feet to a height not to project above the roofline. BACKGROUND: Currently, the Sign Ordinance allows wall signs on ndustria buildings not to exceed 20 feet above the finished grade Industrial but dings, typically warehouse /distribution centers, are 40 to 50 feet in height. This limits the placement of the sign in the lower portion of the building and provides a very awkward appearance when that sign is placed in the center or lower half of the :call. The Sign Ordin. :.e contains a 20 -foot height limitation in order to prevent signs from being placed on silos, towers, or similar structures other than the actual industrial building ANALYSIS: The attached draft Ordinance proposes a change in the Tn-d-u-s-t-rllal sign chart which eliminates the 20 -foot height limitation. Stiff is proposing to limit the maximum height of a wall sign so that it does not project cbove the roof line or the parapet of the roof. Additional Idn9u3ge is proposed that would limit these signs to buildings only and would prohibit wall signs on other structures, such as silos or towers. CORRESPONDENCE: Staff has contacted the Chamber of Commerce Ordinance amm ttee regardinq this amendment. To date, no ippesition has been voiced by members of the Ordinance Committee. ENVIRONMENTAL ASSESSMENT: Staff has completed an environmental assessment of the pro-p—os-eU amendment and has found that said amendment will not cause significant adverse impacts upon the environment. Therefore, concurrently with the recommendation of adoption of this draft Ordinance 0 the Council, staff recommends that the Planning Commission recommend issuance of a Negative Declaration. PLANNING CQMISSION STAFF REPORT Sign Ordinance Amendment December 14, 1983 Page 2 0 RECOMMEND1TION: It is cecommended that the Planning Commission conduct the requ re public hearing to receive any input on this matter, 11;nn completion of the public hearing and const eration of public testinany and staff report, it is recommended that the Planning Commission decide whether the attached resolution recommending approval of the ordinance to the Council shou,J be adopted. Resp •tfully sybmitter, Rick Gomez CityiPlanner RG /MV /fir /Attachments: Resolution of Approval Proposed City Council Ordinance 0 0 • - //3 C C 0 RESOLUTION NO. 83 -143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, RECOMMENDIAG ADOPTION OF ORDINANCE NO. 65 -C, AMENDING CHAPTER 14 20 OF TITLE :4 OF THE RANCHO CUChuONGA MLNICIPAL•COOE REGULATING SIGNS WHEREAS, the Planning Commission held a duly advertised public hearing on December 14, 1983, to consider such amendments and public input; and WHEREAS, the Planning Commission finds that such an amendment is consistent with the intent and purpose of the Sign Ordinance; and WHEREAS, the Planning Cormi<_sion finds that such an amendment is in the best interest of the public; and WHEREAS, the Planning Commission find, that such an amendment will not cause significant adverse impacts on the environment and recommends issuance of a Negative Declaration. THEREFORE, BE IT RESOLVED, that the Planning Comnission recommends that the City Council approve this amendment through adoption of Ordinance 65 -C and issuance of a Negative Declaration APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1983. PLANK IG C."ISSION 0° THE CITY OF RANCHO CUCARONGA BY: , I— ennt L Sp t, Charrrman ATTEST•l�Z %,� �- — Acting Secretary of the Planning ComissioT n I I I, RICK GOMEZ, Acting Secretary of the Planing Commission of the City of Rancho Cucamonga, do nereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the 'fanning Commission of the City cf Rancho Cucamonga, at a regular meeting of the Planning rommission held on the 14th day of December, 1983, by the following vote- to -.vit: AYES: COXMISS10NERS: REIPEL, BPRKLR, STOUT NOES: COMMISSIONERS; NONE 0 ABSENT: C0.':MISSIONERS: 3UAREZ, MCNIEL //y ORDINANCE NO. 65 -C THE CITY OF RANCHO A ENDING CHAPTER 14 20, SECTION 14.20.110 OF AN AMONGANAM OF THE CITY COUNCIL OF UNICIPAL CODE WHICH CUCAMONGA F RANCHO CUCAMON TME TWENTY (20) TITLE 14 OF TH' TO ELIMINATE REGULATES SIGN N! UIREMENT FOR HALL SIGNS ON INOU57RlA.. MAa1MUM HEIGHT 0 BUILOING.• The City Council of the city Of Rancho Cucamonga does ordain as follows: SECTION Section 14.20.110 of Chapter 14.20 is amended to read as M w1, �J—,rr,1•r.••�r ,lrY, follows: ,..Y•r..,.�•IY•�r Y. ... rr.wLv .•LL.Y. �MYI/ , ,�tM Y• .ur•• V.•uY ....rr+^� rNt� J�•�r yra1 u•u •V � u1p • Y.y� ~i•w•• Y�•fwF r���� L'T1• I.M � w••V. /•M•NU Wu,l•N •AMU�'YriVr V.r' wY,r r^ N •Pr u•uu •,�.r Iiw�V••u•. IN.MnI.• wt L' ♦YE J�1 'y LLy� V'Aw..+ r l.• W.�W ..r.0 4 wru.J wr N Wu•I.0 y i amendment will not The City Councf' finds issuth a Negative Declaration. SECTION 2: the City Clerk adversely of ect the environment and ere by n this Ordinance and days after its SECTION 3: The Mayor Published Within fVteen (15) shall Dail 0.e orw a newspaper of general cirrulation SECTION to ha D in the City of shall cause in The a ornia, and circulated passage at least once star 0, published In the City of 1903. Rancho Cucamonga, California. day of �= PASSED, APPROVED, and AOOPfEO this AYES NOES: a ABSENT: CITY OF F.ANCHO CUCAb10NGA STAFF RFPORT I DATE'- January 18, 1984 I mbers of the Litt Council T0: Mayor and Me Rick Gomez, City planner FROM Senior Planner BY: Michael Va1r1n, a eve opment AND O.VELOPMENT CODE AMENDMENT c ASSESSMENT the rancho ucamong , Section SUB.IECT: ENVIRONMENnAe^ ment al Code, amend n9 o e, ilia 17 of the Municip require a conditional Use familY detached dwellings less than 900 17.08.040 -6 and 17.08.040 -C to Permit for single square feet. ent Code, the the review and adoption Of the square feet for all unit size of 900 square directed BACKGROUND: edWaiminimum dwelling At that time, the Council the Coun�� detached dwellings• tha Cade which le OflydallY qudetached single family an amendment to for sing will re are Use Permit price s:aff [o of pa Conditional The ConditionaI Use pri ilitY to approval uare feet. d City Council u ^its less than dwellings less than 900Commiss1 l detached dwelling it would be provide the Planning farm lY whether city's review D "oposals with sin9lecase basis to determine Band with thr 900 square feet on a case -bar proposed developme comPatibte wi ;h xis in ves. it to The Planning housing Soals and abj and presented planning Staff has prepared this amendment January 11, 1984' a Resolution their meetiPg hearing and adopted the Planning commission at a public rOposed Ordinai,ce that such a Commission conducted of is510P discussed a concern unit less recommending adoption the D dwelling the COmh destruct'on. This CormissimaYhdetaY9the reconevent iof unintentionalg fa^ the Council's on process ft. in the i55ion'S Resolution than goo sq. in the EO"m concern is reflected evelopnent Code consideration staff feels that the new D would take care Of this situationnand ^Toe review Oeovisions concern, which rgenty sCommission the After tin P '._ Pvent of a^ e°m_ nincl Commission in i„ t." ti'e P." a non -con.p m 9 has ez= g delay provides an undue section a request Conforming use for reconstruction grant such Of The non- to fe..,ew a request extreme hardship and objectives authority in the eve" detrimental of some to the goals structure not to a detrimental if found General Plan 116 CITY COUNCIL STAFF REPORT Development Code Amendment 84 -01 January 18, 1984 Page 2 • Please find attached a copy of the Planning Commission. staff report which fully describes the - amendment, as well the consistency with the General Plan and Development Code. 1 RECOWIENDATIGN: the Planning Commission has recommended that the City ounc a opt he proposed ordinance amendment as outlined within the attached ordinance and issue a Negative Declaration. submitted, City Planner RG /MV /1r Attachments: Planning Commission Staff Report - January 11, 1984 Proposed Ordinance 211 -A 11 I/% 11 14C CITY OF RANCHO CUCAMONGA STAFi � REPORT DATE: January 11, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT COOF AMENDMENT 84 -01 An amendment to the Rancho C camonga evel a opment o' e, Title 17 of the Muni,ipal Code, amending Section 17.08.040 -8 and 17.08 040 -C to require a Conditional Use Permit for single family detached dwellings less than 900 square feet. BACKGROUND. During the review and adoption of the Development Code, the m ou added a minimum dwelling unit size Of 9M square feet for all single famf'y detached dwellings. After the adol on of the Code, the City Council directed staff to prepare an amendment to tha Code which would require the appro al of a Conditional Use Permit for single family detached dwellings leks than 900 square feet Therefore, staff is brin,.rg forward this amendment to the Planning Commission to conduct th• required public hearing and to forward a recommendation to the City council ANAL I, IS. In review of a Conditional Use Permit for a development with duef-tgs less than 900 square feet, the same Conditional Use Permit Procedures and findings in Section 17 04 of the Development Code would be used in evaluating any future proposals Thypically, the use must be in accordance with the objectives of the Genera' Plan and Development Code and with the purposes of the area and district in which the site is located Also, this analysis would take into consideration that the Pproposed use with conditions would not b^ detrimental to the public health, safety, or welfare, or injurious to other voperties or Improvements in the vicinity. In review of the housing objectives within the General Plan and Development Code to provide for a variety of housing, housing needs, and energy efficient housing, this amendment would be consistent with the objectives of providing more flexibility In housing products. 0 PLANNING COi4MISSION STAFF REPORT Development Cade Amendment 84 -01 January 11, 1984 Page 2 • RECON.MENDATION: It is recommended that the Planning Commissicn conduct, a public hearing to receive public input Upon conclusion of the public hearing, it is recommended that the Planning Commission consider all aspects of this amendment and to consider the Resolution provided within this report. Respe/iful7�yi -s1dQi tted, Rick City Planner RG:NV �jr attachments Resolution of Approval Proposed Ordinance 11 /1 0 RESOLUTION NO. 84 -06 A RESOLU -ION OF THE RANCHO CUCAMONGA PLANNING COKMISSION RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 84 -01 TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DETACHED OWELLfNGS LESS THAN 900 SQUARE FEET WHEREAS, on the 7th day of December, 1983, the City Council adopted Ordinance No. 211, the 04velopaent Cade, and directed staff to prepare said amendment; and WHEREAS, on the 11th day of January, 198a, the Rancho Cucamonga Planning Commission held a public hearing to consider the above - described amendment 'IOW. THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION 1: The Rancho Cucamonga Planning Commission recommends to the City ounc adoption of Development code Amendment No 84 -01, described as follows 1 Table 17.08.040 -8 of Title 17, Chapter 17.08, The Development Code, be amended to add a footnote on the single family detached dwelling, under the VL, L, and LM Districts, to require a Conditional Usc Permit for dwellings less than 900 square feet 2 Table 17 08.040 -C of Title 17, Chapter 17 08, The Development Code, be amended to add a footnote on the single family detached dwelling, under the L, LM and M Districts, to require a Conditional Use Permit for dwellings less than 900 square feet. SECTION 2: The Commission also expresses their concern than an individua Homeowner may have to go through a lengthy process to rebuild an existing home less than 900 sq ft. in the eve,•t of unintentional destruction. SECTION 3: That this project wit' not •reate adverse impacts on the environment —ana that a Negative Declaration is recommended. APPROVED AND ADOPTED THIS 11T1i DAY OF JANIARY, 1984 PLANNING COX41SSION OF THE CITY OF RANCHO ,:UCAMONG,i BY: Tnn s _ L � au arman ATTEST: r _ rao • I, Rick Gomez , Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a-regular meeting of the Planning Commission held on the 11th day of January, 1984, by the following vote -to -wit: AYES: CO MISS10NERS: REMPEL, MCNIEL, BARKER, JUAREZ NOES COMMISSIONERS: STOUT ABSENT: COMMISSIONERS: NONE 1.1 l] 0 ORDINANCE NO. All ORDINANCE OF THE CITY COUNCIL (IF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08, TABLES 17.08.C40 -8. AND C, OF THE MUNICIoAL CODE, TO REQUIRE A CONDITIONAL 1SE PERMIT FOR SINGLE FAMILY DETACHED OWEL'.INGS LESS 1H.4N 900 SOUARE FEET The City council of the City of Rancho Cucamonga, Califonria, does ordain as follows SECTION 1: Table 17.08.040 -0 is amended to require a Conditional Use Permit for sin9Te family detached dwellinj< less than 900 square f? -t within the VL, L, and LM Districts. as shown in attached Exhibit °A•. SECTION P: Tahle 17.08.040 -C is a *ended I -quire a Conditional Use Permit for— Tngiefamlly detached dwellings ' -os t: -.. rlU square feet within the L, L4, and M Districts, ss shown is attached Exhibit 080. SECTION J: The City Council 'rods that this amendment will not cause significant a verse L.-pacts upon the environment and hereby issues a >legative Declaration SEC.'10:1 4: The Mayor shall sign this Ordnance and the Ci,y Clerk shall Cause the sane to be published within fifteen (15) days after its passage at least once in The Oatl Re art, a newspaper of general circulation publisheo in the City of- ntar Ti , �a 0rnia, and circulated in the City of Rineho Cueamrnoa, Californle PASSED, APPROVED, ana ADOPTED this _ day of 19 AYES NOES: ABSENT ATTEST: Lauren M. Wasserman„ City Clark kep Jon 0. Mikels, Mayor Paz m: EXHIBIT "B" TO ORDINANCE 211 -A L SABLE 17.0 8.010 -C OPTIONAL DEVELOPAU.NT STANDARDS p/R•Mw■ow r L W Y YR tl YwsRll. W JAC JAC Wit (j7w11 {II RIq YVJtJn r.?J..•i M O V. r.TJ' of "l. M•R MR 10N1TVM MI) Mitt N ii ili[V" Up Cow Up CO tD 1.0u (W.OVI0 .0.1 1 1 14 24 20 YOiaVa CA•IIRY 4)m Iw I [IMt. I..yMmnw I..W'WI wOp•V YOSpR;J Iwp� IM th. Mw•.4. W. VVJps gOM.01n RIM'J f.'..l /.uOOVVIaJ Wit Wit 101p 10 fgnl Muwu VJM ^YT 6rou lN.l. «1pJrw J.nrJ (anal MOM.u1RY n1R xe l.ISmD WYlCr•• IC a 20 11 11 is OVI1 is so I.Kr V. .1iL In..t.fMMl #• 11 1• j1 /. I.VJDII D.1M 1•I VL � At Mt ma w 1 11 ! wD 10 300 j0 :00 jc 1". n.ww• IOOW.[ tut i.RbT u [l"Ag R10�IVma • OIn.• 10 10 v R v R v R lic. Lmupo I1 ll )51 OO.n 1p.. R.pured nv.0 Oi.• 1p.n 10:0 v R LN IA 0.l 14 :30 1G 110 Ib C+ra< tlw Lpp• Ital .v L..i.. 0)«10..1 14% 1lA . • AJ♦ li. 4v..m nlW l.ellp Mn F.C.. •.e 4.1+..11 a S.V1 :1414 -.: Irbspll[ r F.crr.i N -ot IMRea S.r « I1 36.T b lTW jJObMpRt RpynO M•.'1 .a :1042.1 Vs Clops V R RK ✓r0 pvt.r b !. <L« 1 04 010-H LI "", WC Mf.t.N fpV #CVr N..Y W V "k, 0 A...VVw fqw yl.a l M 1.(niti2••.r +n1 RAW t. T.M. 170. 010.0 fir ykem,.nfa..s r Lmn l.lery nOV +w Mt d a L F1VJ1 C AM IC MIRI1M..n1Y VL L. LV CJN6 L.0 LVn 11 M1a fq. •A..f Rb.YY rpy1V nMn.l [.'4r :YI pi N.1 /a3 EXHIBIT "A" TO ORDINANCE 211 —A s� J1y TABLE I7•OG040 -8 BASIC DEVELOPMENT 3fA1tDABISA ' M 0016RL R t W Y YY ■ pr■• Ix IY Mr• !x.100 0.140 e.l0e N/t NIR AIR �. IINRm.m 0.1 R.a.6. 20414 1 f00 LIDO IL0.'0 SIR M/p !;' Ylnms Na ORRRRR D.II" Ur to Up a 4b to IiD b u Up tp u Up u n h yY p( 1 (pimubl pn.v.l x 1 Ylus• Dm.o.N D.II f.mYl M1W.e IpOr01l',;J MO.011:% .vWUry. WY p0e.6x1^J l DI� seen. re 10 M/t M/t "an. .M.s .x. M.s i1 Ci.mRrRxlrol r.rp.10 �p .e.R.t 10 f0 OS SIR SIR 14 Nub apron Yl aTR t00 :0 100 SIR $19 wru. m e.pu 116 100 x0 IO SIR SIR 40 14nnum lralll.{. b 10 f.1 Crtpnl Nom 20 pp SIR SIR NN.. fJe NI front![. 30 is IC f/MI pr.9.N Ral f p *"M� a II..N nM i0.rp I1M• XIt SIR rroR. rme' it 10 Is SIR X R r t<mrYa TYO 1 100 SIR SIR pllrna La TW 1011 LIO 100 N R N,A + . ba rPo it 10 hop. Suwi ISM iii IS 10- 1• s• s• + .nmu, put v Ym Wnl MI ISt le ISO S0 11e se Rt Y1.rn. >D S !0 S ID•.mN Cat Ri..fa101q 1 O�awu.t bit" Rm^nmw rta11 t. rronl N It M R 11 11 IS 10 IS 10 IS DNO N R N A 10 plf .0f $It 1 mlummm is 1f SO% 104 10\ f0♦ W „ x1\ .e\ IS, c INanmun \I 4Y OR. Uww MAR 1014 v R x00 ISO MISS ISO 100 Ise t00 .n 1000 h..w. <b xp.i. tCr""I t""r splall It N R M R 30\ ]I\ 30\ C. ma DM s0• -1 NIR IYwmum \I 10\ 40\ 11\ Ifb 1s\ ' Uraet. op 14\ U.-., Irnsgg a Gmmwv P R RrOwM Ow 1... 1101 OIOS ILm>♦ma YRI/IWlrx SIR S R t p.a.+r.. p.r La. tAel.:m -I e e r 1 u+.rt ` P 4rxu5.t NM INamalfa..r.rW.rl.vwmWNl.nW P Nmr.a.O lnm W6n.a n101 V00010.14 .. f.ro• W"b pun W1m1.iYa ll m LM }!14144 L RN IW I lI .lXtnl AW 1, 1., d at W wI' xw�NOI..N'.f" vin •uun.ut lNMra.a.W^1 aL DI f. Nmn lltax"1 Nal Va4 Nd. Ce 11. .N YaaM y p.nO.ra WIMMr/'t nm:Nn 100 r. trot .JI n 8a al J1y 11 11 E CrrY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1984• ,y;; TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: ORDER TO VACATE THE NORTH /SOUTH ALL -Y LO:ATED NEST OF CENTER AVENUE AND SOUTH OF 25TH STREET The owners of the property adjacent to the above described alley have requested the alley be vacated in order to close the access to help prevent crime in their area (see attached letter) This alley Is unpzved and 1s not required for access to the properties. A map showing the property owners and the alley location is attached rusting of the alley has been completed and the public hearing has been advertised In the Daily Report newspaper. RECOMMENDATION It is recommended that City Council adopt the attached resolution ordering the vacation of the above described alley and authorizing the City Clerk to cause same to be recorded +Respetfully submt/tt d Attachments s V -032 fh ? I I I I I - � I •• I I I - 1x103 - � I I I I - �• � e �- to HIP 130 9 27 z xs PI 18 j I7 15 q '' i 1 xd 26 I P• 22 I e r H1 1. r�» »- ` i P i f• -TMEr t o Ii 1�•!• 0- I I e I r) `25 1 2J ; L I 1J I Ir j 1s 13 °rM0•T� r 130 to ze 24 zz 104 1 ° �!• • s it X 11 20 r8 r . � • � W 2 4yh e•Rccr TO BE VACATED E n a g n X 0, r1Oj cr �.<a .� �? 1' b I CITY OF RANCHO CI:C,•1.%IONGA j"AQeL T ENGINEERING DI�'ISfON VICINITY MAP 11\`11 i r- L. a] THE ROCK OUTREACH P. 0. Box &C. CUCAMONGA,CA 91730 (714) 987.1365 October S, 1983 To: planning Commission of Rancho Cucamongs Rat Request to Acquire Allay -way To Wb � it any Camara: Thio request is being submitted ou bstalf of residents owning lam Adjacent to the s11ey -way located between 25th 6 24th Streets vest of Center Ava., Aaseaaor's map book 209 page 10 of San Bernardino County. The ra;ueat is to permit the undersigned Owners to Acquire the appropriate part of the Alley -vary u part of each owners own property. We us in am accord as neighbors to receive thin property that is 20' wide and dividing it in half so that each property Owner would receive 10' each. The propostj alley -way is not am. nor ha: it been for ssvcral years e utilized through way for residents 1¢ the area. On the contrary, this alley -vsy has been a hideout and refuge for same delinquents and addition - Ally an eyesore because of its unkept conditiou. Each Individual homeowner in this proposal has plans to upgrade and utilize this acquired lands if approved, so that the canonicity can continue to upgrade and beautify its surrwodiug area. We Intend to construct A black wall so u to beautify our property, and to help crime rate by closing slits. As neighbors and citizens of Rancho Cucamonga w would like for you to please conaidar this proposal in all seriousuesa, an we the homeowners are Auzioua to begin landscaping, fencing etc.. Respectfully, 0¢14-1 Ns¢ as iota t President of the Rook Church Signed property owners 6 Church bordering such property. 6 17 4 i Sevaro Narci¢az Loe 118 � /ii 0 AFFIDAVIT OF MAILING 1, Barbara Krall, Engineering Technician for the City of Rancho Cucamonga, do hereby swear that I deposited in the City s outgoing mail located in the administration building at approximately 4:00 pm, January 6, 1984, the attached resolution to the property owners on the attached list regarding the vacatirr of the North /South Alley located west of Center Avenue and south of 25th Street • —Oats aroara Kra 1 Eng neer ng ec n�iT— �r; l /as 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNA.IDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE NORTH /SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH' OF 25TH STREET THE CITY COUNCIL HEREBY DECLARES ITS INTENTION TO VACATE NORTH /SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET, AS SHOWN ON MAP NO V -032 ON FILE IN THE OFFICE OF THE CITY CLERK THE CITY COUNCIL HEREBY FIXES WEDNESDAY, THE 18TH DAY OF JANUARY, 1984 AT 7;30 P M., IN THE LION'S PARK COMMUNITY CENTER BUILDING, LOCATED AT 9161 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA, AS THE TINE AND PLACE FOR HEARING ALL PERSONS OBJECTING TO THE PROPOSED VACATION FOR THE PURPOSE OF ITS DETERMINING WHETHER SAID CITY STFEET 15 NECESSARY TOR PRESENT OR PROSPECTIVE STREET PURPOSES. POSTED THIS 9TH DAY OF JANUARY, 1984 too v � L H 'iTEk- /-�9 e RESOLUTION NO.01- 18 -OICR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, OiDERING TO BE VACATED, THE NORTH /SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET WHEREAS, by Resolution No. 83 -209, passed on Cecember 21, 1983, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion Of a City street hereinafter more particularly described, and set the hour of 7:30 p.m. On January 18, 1984 in the Lion's Park Community Center Building, located of 9161 P,ase Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such puh'.ic hearing has been held at said time and place, and there were no protests, oral or writ•in, to such vacation. BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: the Council hereby finds all the ev.Jence submitted that the north soutn a ley located west of Center A "enue and south of 25th rtreet is unnecessary for present or prospective public street purposes, and the City • Council hereby makes its order vacating that portion of said City street as shown on Hap No.V -032 on file :n the off ce of the Clerk of the City of Rancho Cucamonga, rnich has been further described in a legal description which is attached he-eto, marked Exhibit "A ", and by reference made a part thereof. 4-51 SECTION 2: The Clerk shall cause a certifies copy of this resolution to be recorced in the office of the County Recorder of San Bernardino County, California. SECTION 3: The Clerk shall certify to the passage and adoption of this raso utii on, and It shall thereupon take effect and be In force. PASSED, APPROVED, and ADOPTED this 19th day of January, 1984. AYES: NOES: ABSENT: Jon 0. mikels, mayor ATTEST: Lauren M. 4asserman, City Clerk Jaa / 3D EXHIBIT "A" • that certain North /South alley (20 feet wide) in Block 59 of the North Cucamonga Subdivision in the City of Rancho Cucamonga, County of San Bernardino, State of California, as pew plat filed in Map Book 4, Page 0; Records of the County Recorder of said County, F-1 L 0 131 CITY OF RANCHO CUCAMONGA STAFF REPORT pFa DATE: January 18, 1984 " TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner SUBJECT: DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE PARK SEN162 E�T c N 7fb'J BACKGROUND: On December 7, 1983, the City Council reviewed and approved eso ut on 83 -205 regarding the Calmark proJect for the construction of 233 senior citizen apartment units. In accordance with California Government Coda Section 65864, staff has prepared an ordinance for th- City Counc41 approving the Development Agreement between the City of Rancho Cucamonga and Calmark Development Corporation. Attached for your review is a copy of the final draft Development Agreement and the staff report of December 7, 1983. RECOMMENDATION: It is recommended that the City Council approve the attache or nance approving the Development Agreement with Calmark Development Corporation for Planned Development 83 -01. Respectfully submitted, Rick- Gomei�- °- RG /Jr 1 Attachments C CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 1, 1983 TO Members of the City Council and City Manager FRAY: Rick Gomelk, City Planner SUBJECT: DDEE(VEELOPMMEENNTT AGREEMENT: HERITAGE PARK SENIOR CITIZEN ABSTRACT: This report contains information describing staffs efforts to and negotiate a long -term Development Agreement between the City and Calmark Development Corporation, the key points of the Agreement, and a copy of the final Development Agreement. BACKGROUND: In April of this year the City Council approved the General DTan men7ment, zone change and planned development for Calnark Development to allow the construction of 233 senior citizen apartment units on 6 25 acres of land located northwest of the corner cf Base Lire Road and Archibald Avenue, Just south of the Southern Pacif•c railroad tracks. Along with these changes, a draft Development Agreement was revie %ed. Included with the zone change was toe provision for senior citizen housing and certain development incentives. These incentives included an increase in the number of dwelling units per acre, waiving the usual requirement for covered on -site parking, reducing the number of required on -site parking spaces below that which is usually required, and waiving and reducing various City development fees. In order to guarantee that the apartment units developed as a result of these development incentives remain occupied by and affordable to those senior citizens originally targeted, the City Council instructed staff to prepare and negotiate a long-term legally binding agreement with Calmark. The final draft Agreement nos been Completed and 1s attached for your review. SUMMARY OF DEVELOPER AGREEMENT: The California Government Code (Sections 65864- 65869.5) allows cities to enter Into agreements with developers, the contents of which shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of lard for public purposes In April the City Planning Commission reviewed a Draft Development Agreement and sent recommendations to the City Council. In May the City Council reviewed the Commission amended Development Agreement arid app, oved it as a basis to begin negotiations with Calmark. 133 0 DI CITY COUNCIL STAF 'OR7 DEVELOPMENT AGREE �n' - PO 83- 01 /CALMARK December 7, 1983 Page 2 p Tareet Tenants The in tenants emergencyo situations d as inspecified�ein the Development Agreement) to individuals who are fifty -five (SS) Years old or older, or married couples whose head of household is fifty -five years or older, staff to to used in calculating the rents charged p Affordable Rents - In April the City Council approved a rents ormu a propose Y for the ctnits in the project ormula set o pare f( the Pgveement (please see attached memorandum dated April 5, 1983). p Reserved Units -3Sav units) (a�e reservedoforh low iandcmoderateeincome senior citizens for a period of twenty (20) years. a Annual Review - and Cshallareceivei9entai and conduct occupancy informattan o t. e 5 07 from the project or,nc!rr an annual bas s. p MiIntenance Perroimed loo n•.cordance Insure the tmaintenanceeplan the outlined in the Senior Housing Overlay Oistrizt administrative guidelines and in this Development Agreement, the property owner shall either establish a ttndscape maintenance district pursuant to State law and City ordinance or res Ration, or at Property nor's option post a maintenance neposit or other legal security reasonably acceptable "nor he C1tfailotooadequatelyhmainitain the project that the in e even1 a rove the attdCN —i"' -tiont approving recommended Development CorpOfatlOn for PD B3 -01 Development Agreement. Res act (Ilyg ba itted, Rick G0 mH�L- C1tyiPlanner RG:Ali:jr 'Attachments that the City Counci PF Development authorize the Mayor With to sign the and the /3N DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this 18th day of January, 1984, between CAL - RANCHO, INC. ('Property Owner ") and the City of Rancho Cucamonga, a municipal corporation organized and existing under the laws of the Statd of , California ( "City "). RECITALS This Agreemant is predicated upon the following facts: 1. Government Code Section 65864- 65995.5 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. 2. Under Section 65865, the City has adopted rules and regulations establishing procedures, requirements and administrative guidelines for consideration of development agreements. '• 3. Property Owner has requested City to consider entering into a development agreement and proceedings and have been taken in accordance with City's rules and regulations. 4. City has found that the development agreement is consistent with the ( General Plan. S. On Jan-iary 18, 1984, City adopted Ordinance 211 approving the development agreement with Fropeety Owner and said action was effective do n January 18, 1984. 4 NON, THEREFORE, the parties hereto agree as follows: p1 Definitions. In this Agreement, unless context othervise requires, the follow ng terms shall have the following meaning: a "City" is the City of Rancho Cucamonga b "Project" is the development approved by the City, described further in paragraph 7 hereinbelow. ' c. "Property Owner" is Cal- Rancho, Inc, and includes all of its successors in interest and assigns. d, "Real Property" is the real property referred to in paragraph 3 hereinbelow. e "Sonior Housing Overlay District" is the zoning category created • by City Ordinance 193 adopted April 20, 1983 3� f. "Target Tenant" is defined as individuals oho are fifty -five (55) rears old or older, or married couples whose head of household is fifty -rive (55) ;tars old or older. individuals or couples earning ^equalRents t for charged percent ablo to the current County of San Bernardino median income as determined by )tne Federal Department of Housing and Urban Development, which rent shall on an annualized basis be equal to or less than thirty percent (30x) of the eighty percent (80%) of the current median income. For purposes of this definition, rerrs charged for all one (1) bedroom units shall be subject to computation based upon eighty percent (80%) of the median intone for a two (2) person household. Rents charged for all two (2) bedroom units shall be subject to computation based upon eighty (80%) of the median income for all t3useholds (4 or more persons) 2 Recitals. The recitals are part of the agreement between the parties and shaTT be—enforced and enforceable as any other provision of this Agreement. 3. Oescr totlan of Real Property. The real property which is the subject of this Agreement is�scr a mire fully In Exnibit "A" attacned hereto and incorported herein by reference. 4 Interest of Proper t Omer. Property Owner represents that it has full legs t t e to the rea property, that is has full legal right to enter into this Agreement, that there is no other person or entity which has any other interest in fee ownership to the real •operty, and that all other persons and entities who may hold legal or equitable interests in the property agree in be and are bound by this Agreement. If there are any holders of deeds of trust on the real property which may be senior to the lien of this Development Agreement, the holders of such deeds of trust havc assented to the terms of this Development Agreement in writing and agree to be bound by the provisions hereof 5. B�in�din_g of A Effect reement. The burdens of this Agreement shall run wltn the real -ms property an SiaT —51nd, and the benefits of this Agreement shall inure to the successors in interest and assigns of the parties to 1t. 6. RelatiQnshiP of Parties. It is understood that the contractual relatlonshlp Between -ity an roperty Owner is Such that Property Owner is an independent contractor and is not the agent of City for any purpose whatsoever. 7. Ctb 's Ap novel Praceedins for Pru nit. On Awr11 20, 1933, City approved r nonce treat ng a en or .ousing Overlay `istrict. Gn April 20, 1983, the City adopted a zoning designation of "Senior Housing Overlay District" fo• the real property. The record of the applications by Property Owner proceedings before the Planning Commission and the City Council of City on file in the office of City and all of the files and records in these matters are incorporated herein in full by this reference as thougn set forth in full. Property Owner proposes to construct 233 apartment units, recreational and common area facilities, and 165 parking spaces and other amenities on the subject property, all as are set forth more fully in the site -2- 0(0 plan for Planned Development 83 -01 (*Site Plan ") submitted by Property Owner • and approved by City, a copy of which 1s attached hereto as Exhibit 8" and ofca provaldwheiehirare note changed, altered oramodifil conditions Agreement unless specifically set forth herein. 8. Chances in Project. No substantial change, modification, revision or alteration may a ma e n the Site Plan approved on April 20, 1983, without review and approval by City, 9. Term oP A reement. The term of this Agreement shalt commence on the date first above wr tten and shall expire twenty (20) years after the occupancy of the first tenant in an apartment unit In the Project, but in no event later than twenty -five (25) years after the commencement of the term of this Agreement, su8'ject to the annual review described in paragraph 13 hereinbelow. 10. Restrictior on Rental Units. .xcept as set forth herelnbelow, all tenants, occuPants, an res dents o apartment units in the Project shall be Target Tenants. Said apartment units shall not be rented, occupied, leased or subleased to tenants or occupants tentntom_y Target Tenants without the City's Prior written consent, except as se elow. Parson or persons not a Target occupy an apartment unit if he occuoies the apartment unit with a resident occupant who Is a Target Tenant and if any of the following conditions are met. a in an emergency, and for so long as the state of emergency exists; b on a temporary basis, not to exceed three (3) months out of any calendar year (grandchildren, blood relatives); and c medical support personnel or private nurses for resident occupants who are Target Tenants. 11. Rents and Rent Adjustments. The Property Owner shall establish and maintain ar or ab a rents for seven y percent (70X) of all apartment unite in the Project. (Said senventy percent (70X) of the apartment units are hereinafter referred to as "Reserved Units.") For purposes of this provision, rent shall Include both the amount charged for occupancy of an apartment and any utility charges if utilities are no.:aparately metered. If utilities are separately metered, they will not be considered in the affordable rent computation. (It is speciffically agreed that said restriction on rents shall apply only to the Reserved Units, as Property Amer would have not entered into this Agreement or agreed to develop the Project If said rent restriction, or any rent restriction applied to more than the Re t I t d 1 s r c e Un ts.) In the event that rents are increased for Reserved Units, a minimum of ^� hirty (3� days written notice of any rent increase shall be provided to all U affected teiit nts in Reserved Units and to the City. _j_ /3i E1 C, J • 12 Maintenance of Apartments as Rentals. During the term hereof and such extensions as may be agreed to, all apartment units in the Project shall remain rental units. Ho apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhouses or any ocher common interest subdivision in which some fee ownership in the apartment unit would be granted to a person or entity other than the Property Owner or its permitted successor or assignee or in which ownersnip of the Project would be transferred to o corportion (-CO-OP*) or other entity which would then sell stock or some other cooperative ownership interest to a prospective owner or occ•pancy of an apartment or dwelling unit, provided that nothing herein contained shall preclude the sale of tte entire Project to a sings: purchaser other than a Co -op. 13. Submissw,in of Mate ^ia.s and Annual Review. a. Prior to the eie,utlon hereof, the Property Owner shall submit to the Ci,y the following information. (1) An analysis of the cost of the Project including land cost, const•uction cost, financing cost, and so forth; i 12) Tenant selection procedures which shall detail the methods of that Property Darer ,halt use to advertise the availability of apartments in the Project and screening mechanisms that Property Owner intends to usu to limit the occupancy of the apartments to the Target Population b. The Prooert, Owner shall file with City an annual report containing information on the Project specified herein for the preceeding calendar year Said annual reports shall be filed with the City nu later than 1 March 15 following the previous calendar year. The report shall contain such Information as City ray then require, including, but not limited to, the following (1) rent schedules then in effect; utility charges (if any); (2) pr,ject occupancy profile including age, income characteristics of resident;, nuri_er of automobiles owned by Project residents (total), (3) listing of substantial physical defects in the Project including a description of any repair or maintenance work undertaken in the reporting year; and (4) a description of maintenance of the Project including the condition of apartment units, landscaping, walkways, stairs, and recreational areas. City shall be allowed o conduct annual physical inspections of the Project as it shall deem necessary prov ded that said inspections do not unreasonably interfere with the normal operations of the Project The City shall further be allowed to conduct an annual survey of residents in the ® Project In order to assess their satisfaction with to Project. The survey .,„ contain, but shall not necessarily be limited to, questions regarding mangement /tenant •elations, maintenance of the Project, design features, general attitude toward the mroject, and so forth. -4- /sa 14. Tenant Selection Contracts and Rules and Regulations. On receipt of an appl cat on or occupany n a Reserve�d Un jt, Property Owsner shall determine the eligibility of the occupany under the terms of this Development Agreement. Property owner shall be entitled to reli on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units, in the Project shall he to writing. The proposed rental agreement or lease form for the Rese -ved Units shall be provided to City for its review and approval, a copy of which is attached hereto as "Exhibit 00" and hereby approved. Such rules of conduct and occupancy shall be given to each tenant of an apartment unit prior to such tenants' occupancy. 15. Termination and Eviction of Tenants. A tenancy in a Reserved Unit may be term note w out t e erm not on esng deemed an eviction under the follow .g ci,.:umstances: a. death of the sole tenant of the unit; b by the tenant at the expiration of a term of occupancy or otherwise, upon thirty (30) days written notice, c. -.y abandonment of the premises by the tenant; Or d, by failure of tenant to maintain income eligibility pursuant to the provisions hereof, providing that Property owner gives tenant sixty (60) days written notice of such termination, or e. by failure of tenant to execute or renew a lease Any termination of a tenancy of a Reserved Unit other than those listed in this subparagraph shall constitute an eviction. Property Omer shall only evict to compliance with the provisions of California law and then only for material non - compliance with the terms of the -'ental agreement, lease or rules and regulations of the Project Property Owner shall establish appeal and /or grievance procedures and rules and regulations for use for evictions of tenants of Reserved Units, which shall be submitted to and approved by the City prior to the occupancy of any Reserved Unit in the Project. The rules -,d regulations a copy of which is attached hereto as Exhibit "E" Is hereby agp ^oved 16. Local Residencv. Preference shall be given where possible to ,plicants cot e ro ect who have been residents of the City of Rancho Cucamonga. This factor, however, shall not be given any priorty over the other elements of tenant selection In paragraph 14 hereof. '7. Hazard Insurance. Property Owner shall keep the Project and all improvements c ereon insured at all times against loss or damage by fire or other, risks covered by a standard extended coverage endorsement and such other risks, perils or coverage as Property Omer may determine. During the term M� 5- 139 hereof, the Project shall be insured to its full insurable value. City shall have the right to review insurance coverage maintained by Property Owner or its successors and assigns and the power to require additional insurance to be carried in amounts required by the City at the City's sore discretion so that the provisions of this paragraph are complied with. City's action or inaction hereunder shall not subject it to liability to any third persons or entities. 18. Maintenance Guaranty . ?n order to insure that maintenance of the project is performed in accordance with the maintenace plan as outlined In the Senior Housing Overlay District administrative guidelines and In this Development Agreemert, Property Owner shall either establish a landscape maintenance district pursuant to State law and City ordinate or regulation or, at Property Owner's option, post a,maintenace deposit or other legal security reasonably acceptable to the City to be used by the City in the event that Property owner shall fail to adequately maintain the Project as herein required. The parties hereto agree that a maintenance depost of $12,000 is acceptable, which maintenance depost may be in the form of a letter of credit, certificate of deposit, bond or comparable instrument, 19 Specific Restrictions on Develo ens of Real Property. The following specific restr ct -M-5-77T s a a so cover t e use o the a only residential uses of the real property are permitted in the Project b maximum density of residential dwelling units in the Project shall never be greater than 38 dwelling units per acre. C the maximum height for each cf the proposed buildings shall be 35 feet d maximum size for all of the buildings and the proposed square footage for each of the apartment types located therein is set forth more fully on Exhibit "B" attached hereto and incorporated herein by reference. e, provisions for reservation or dedication of land for public purposes are contained to the conditions for approval of Parcel Map 7827 and are incorporated herein by this reference. 20. Hold Harmless. Property Owner arrees to and shall hold City, Its officers, agents, cmpToyees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may ,rise from the direct or indirect operations of Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property ,.per's activities in connection with the Project. This hold harmless anreement applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred Loin this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. .6- �yo 21. Affect of Develo ent A eement on Land Use Re ulattons. Rules, regulations, an o c a po c es yoverrong permitted uses o the real property, the density of the real property, the design, improvement and construction standards and specifications applicable to development of the real property, are those rules, regulations and official policies in force at the time of execution of this agreement. It 1s understood that City may grant Proeprty Owner a dwelling unit density bonus, may reduce its requir;ments for on -site parking, may waive its requirement for covered on -site parking and may reduce and /or waive other fees as an incentive for Property Owner to construct the Project and for both parties to enter into this Development Agreement. 22. Develo ent Incentives. Pursuant to paragraph 21 of the Development Agreement, t e ZTi:y will grant property owner the following development incentives for development on the subject property: a. The Beautification Fee levied pursuant to City Council Resolution 79 -1, Section 7 0, will be waived to its entirety. b The maximum density per acre on the subject property shall be increased to 37.5 dwelling units per arse. c. The maximum number of required off street parking spaces shall be lowared to .7 parking spaces per dwelling unit. d The requirement for covered parking spaces will be waived in its entirety. e Payment of both the Drainage Fee and Systems Development Fee by the property owner will be deferred and will be payable concurrently with the occupancy Of the first unit on the subject property. The fees will be jased upon the ordinances and schedules in effect as of the date of submittal of the project and will not be effected or increased by any increases taking effect after submittal of the project. "Date or submittal" of the project will mean the time that plans are submitted to the City in order to have the City issue building permits for construction of the improvements on the subjec, property. r. The property owner will be reimbursed for certain of; site construction costs set forth below from the City of Rancho Cucamonga Redevelopment Agen -y Affordable Hosing Set Aside Fund Those off -site construction costs will include the following: (1) Construction costs for installation of a storm drain line along Archibald Avenue to Base Line Avenue approximately 390 feet; (2) Completion of off -site improvements on the west side of Archibald Avenue including Street widening, paving, curb and gutter from Lomita Court to Base Line Road -7- /y/ E • Property owner w11: provide for City review bid estimates with such documentation as the Ctty may request in order to evidence costs incurred by property Owner for installation of these various off -site improvements. Property owner will and does hereby assign to City any right of reimbursement which it may have, whether by law, or by any approval first granted by City on the subject property, for reimbursement from adjacent property owners for the off -site improvements, the costs of which are being reimbursed to property owner by City to connection with this Development Agreement. Property owner acknowledges and agrees that amounts collected i(i the future by the City which would have been reimbursed to the property owner at some future date will be retained by the City by reason of this assignment and the City has expedited and accelerated tF.e reimbursement process to the Development Agreement and has advanced City monies for reimbursal, which City monies will be reimbursed to City by future property owners. 23 Enforcement. In the event of a default under the provisions of this Agreement by roperty Owner. City shall give written notice to Property Owner for its successor) at the Project, or by registered or certified mail ]dressed to Property Owner at the address stated in the Agreement, or to such other address as may have been designated by Property Owner, and if such violation is not corrected to the reasonable satisfaction of City within ninety (90) days after such notice Is giver, or if not corrected within such reasonable time as may be required to cure the breach or defoul. If said breach or default cannot be curred within ninety (90) days (provided that acts to cure the breach or default must be commenced within said ninety (90) days and must thereafter be delinquently pursued by Owner) then the City may, without further notice, declare a default under tnis Agreement and, upon any such declaration of default, the City may bring any action necessary to enforce the obligations of Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for specific performance Of the provisions of this Development Agreement, or for an injunction against any violation by Property Owner of any provision of Vis Agreement, or for such other relief as may be appropriate, it being agreed by Property Owner that the injury to City arising from default under any of the terms of this Development Agreemat would be irreparable and that It would be extremely difficult to ascertain the amount of compensation to City to afford adequate relief In light of the purposes and policies advanced and satisfied by approval Of the Project and by this Development Agreement. 24. Event of Default. Property Owner is In default under this Agreement upon the happen ng o one or more of the following events or conditions: a. if a warranty, representation or statement made or furnished by Property Owner of City is false or proves to have been false to any material respect when it was made; b. if a finding and determinat'or is made by the City following an annual review pursuant to paragraph 13 herelnabove upon the basis of substantial evidence that Property Owner has not complied in good faith with any of the terms and conditions of this Agreement, after notice and opportunity to cure as described to Paragraph 23 herelnabove, c. breach by Property Owner of any of the provisions or terms of this -8- /41. Agreement, after notice and upportunity to cure as provided in Paragraph 23 hereinabov!. . 25 Proceedin O on Dzfautt. City does not waive any claim of defect in performance y roperty ner if on periodic review City does not modify or terminate this Agreement. Nonperformance Ly Property Owner !hall not be excused because of performance by Property Owner of the ooligations herein contained would be unprofitable, difficult or exrensive or because of a failure of any third party or entity, other than the City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the city's regulations governing development agreements are available to the parties to pursue in the event that there is a Preach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of ary other or subsequent breach thereof or default hereunder. 26 Rights of Lendars Under this Agreement. Should Property Owner place or cause to a plat- any encum rani• ar Tien on the Project, or any part thereof, the beneficiary ( "Lender ") of said encumbrance or lien, including, but not limited to mor' gages shall have the right at any time during the term Of this Agrc, —. nt and the existence of said encumbrance or lien to: a, do any act or thing required of Property Owner under this Agreement, and any such act or thing done and performed by Lender shall be as effective as if done by Property Owner himself; b. realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in lac, or in equity or by the security document evidencing the encumbrance or lien (herein called the 'Trust Deed "), and to: (1) transfer, convey or assign the title of Property Owner to the .'0ject to any purchaser at any foreclosure Sale, whether the foreclosure sale .e conducted pursuant to tour! order :r pursuant to a power of sale contained in the (rust De!d; (2) acquire and succeed to the interest of Property Owner by virtue of a.iy foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in the Trust Deed. 27. Notice to Lender. City under thi! Agreement shall give written notice of any a au t or rear under this Agreement by Property Owner to Lender and afford Lender the opportunity after service of the notice to: a, cure the breach or, default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; b cure the breach of default within ninet+ (90) days after service of said notice where the breach or default can :e cured by somethiwg other than the payment of rooney ani can be cured within that time; or c. cure the breach or default in such reasonable time as may be required whore something other than money is required to cure the breach or default and ranno' be performed within ninety (90) days after said notice, .7. yy3 provided that acts to cure the breach or defa-ilt are :ommenced within ninety .b (90) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender 20. Action Dy Lender. Notwithstanding any other provision of this Agreement, a ender ni�arestall any action by City for a breach or default under the terms of this Agreement by Property Owner by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or, for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by property Owner unless: a. they are commenced within thirty (30) days after service on Lender Of the notice described tiereinabove; b they are, after having been commenced, diligently pursued in the manner required by law to completion; and c Lender keeps and performs all of the terns, covenants and conditions of this Agreement re ' uir;ng the payment or expenditure of money by Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. 29. Liabllft of Lender. No Lender shall have any liability under the terms o Fn-T— s greement un ess it acquires title to the Project through foreclosure or a deed in lieu of foreclosure in which event, it shall hold title to the Project subject to the obligations of a successor to the Prcperty Owner as herei. provided. 30. Rent Control. In consideration for the limitations herein provided, the City agrees chat t shall, during the term of this Agreement, not take any action, the effect of which will be control, deteruine, affect the rents for apartment units located in the Project; the parties herein agree that the controls or limitation of rents on the remainder of the apartment units in the project. 31. Attorneys' Fees. In any proceedings arising ,rom the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover the costs and attorney fees incurred in the proceeding and such reasonable attorneys' fees as may be determined by a Court in any legal actloii. 32 Cumulative Remedies, Tne respective rights and remedies provioed by ,is Ceve opment Agreement or by law or available in equity shall be cumulative and the exercise of any one or more of such rights or remedies stall not preclude or affect the exercise, at the same or at Jifferent times, of any other such rights or remedies for the same or different defaults or breaches or for the same or different failures to perform or observe any term or provision of this Agreement. -10- NY 33. Bindin Effect. This Agreement shall bind, and the benefits and burdens ereo -shall Inure to, the respective parties hereto, their legal representatives, executives, administrators, successors and assigns, provided however, that if Property timer sells the Project and the purchaser assumes Property Owner's obligations hereunder accruing after said sale then Property Owner shall have no obligations hereunder after said sale is consummated. 34. Recordation. This Agreement shall, at the expense of Property Owner, be recor e n t e official records of the County of San Bernardino in accordance with provisions of the Government Code. 35. Miscellaneous. This Agreement shall be construed in accordance with and governe y t e aws of the State of California The provisions of this Development Agreement shall be liberally consrued to effect its purpose as set forth herein and in the attachments hereto. Whenever the context so requires, the singular number includes the plural, the plural includes the singular, masculine gender includes the feminine and /or neuter and the neuter gender includes the msculine and /or feminine. The time limits set forth in this Agreemei; may be extended by mutual consent of the parties in accordance with the procedures for adoption of a develo;enent agreement 36 Partial Invalidity. If any provisions of this Agreement shall be invalid, F gal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the day and year first above written regardless of the date of actual execution hereof. PROPERTY OWNER: By: -- Name ) (Title CITY: SITY OF RANCHO CUCAMONGA -11- /w�r 0 0 is EXHIBIT "A" (Legal description of the Project) Parcel No. 1 and 2 of Parcel Map No. 7627, Cucanonga, County o:`. San Bernardino, State Book53—, Pages & andli of Parcel traps, in Recorder of said County. /YL in the City of Rancho of California, as per the office of County _ EXHIBIT B . j \ 0 P 1 P r '/l •' I'l4r ° ~ _ fill I tL� f m Ilr s a _ - wvhl` . IUNCMO COC�MOA - nuns •rurn•n YA ou••rt eccw•xr u••rwnc EXHIBIT L^ �w TT.Pw. 7/TL CALMARK REALTY MANAGEMENT, INC. APARTMENT LEASE THIS LWE. CKYtl IAY M. W of . 1p�, W 11 Oar1111A AYrwtlY ull" "On„1I^ ILE1L0 V Na nanm.Yr a11N - TNYnI^ ILCSL[G. TA., OWNER NI, YKO I.O T[NµT 1.11 110- 1.. OWNER. 10, ILYOpt YIYY tMY. Nt efLPIYI IRS. N1111Ynt _.at_ C411NwY. IN W I.. It <a --+M. IM a.M NYN .10�• K ON l.too of Oe W1I[. I, oK.S InO1M .AV OW aM M)aaY 1nlFaMOMM1 day O /t1N am wtry -Mtn AWlna ".it tY-. TNO a1r11K ow. N IOIHYV L OWNCP aq MYltlaY IgIN Nam TMANT OI IM Ym Of L a,A I lf, Nadu[. M,llln IM 1:7 w014 o1Fw MnVno11M a /Yry NnanF. OWNER Nall 1HYn0IO T(NAHY ma YNKt Ntunry MKq IW ImKml tl.a IY\MOUY rYOLYry to Itntl\ T[NM'S' "bull.Aim. MYrIMI OI IMI. 10IN 1Y "At"i IM M-IOK UV W ""'TENANT M0M "C"" RAai tod"" 4OYA YILA O4mIw1 VOan 01m.A.J1.1 N IRS IIMep. TM YtVIItY OKOYt K nOl 1t N YIYOp of rMt NNna Ina .,. OI tnN IYtt -aK. SnQlla [M Y{y1Ka NOOY1, N anY a.".A IA.. N. N Raffia" 10 NON, Ymyal aVrina Ina III. at PI\ GwYrMn1. TCNAMT Iw01\ 101- nrpNN1l N/ONl MP ONTttp , Ym WNI<YM N MNC N.0 K(VIItY ...of VO 10 IRS NI(N111 -Ogn1 fnvp /. he 'Al"" II " N Said OA WN YLV nh ad"i TENANT •t/41 1e fVPIN I. OWNER M 64 /IY.NIP IRS OWNER -a, YIIII<a IA IOI.NOIM YN IKYIIw ".fIL d IM ealaAU In11K1. 10 Na TENANT L W Yo1MOp\. INYII IYIM f..,Nlo.0. N ollaYNt IA .1p0Y1 Ylt OnmIK L TENANT WILn01 volaN onY aa„NnmYK111P N Na YY H Pt Ofl -IYN Mrnll YYN. MIU.. onpY, -OINL. Nt.rNa YIm MY.,A., 1.111 e1 MIFe.. TENANT NNI OM ..O la-.`V` YnP Nr... NIN. P aAY. Y am....Naf0lna In<NOOILIp nYtIL A(OIIIMNIY. TENANT aNYtI to ANN OY any aIMM•MnN la WP ^h.. rYlll" NNII" TCY.ANT lIt .. TT'Iry' Raw,".. YTIn. n.11a OI WP L an N4 and WN PInM Ua rYYM011 Ana a001Y t0 NI TIMn11 al.. A. 4 {YI 1., a/ mAY po OrwINO N NY, A. NON ,I M."U..l Or NYN[bnl SRI" N aena.'Pg11 OWHC111 Otl4 Ygt[M C.A.Al. y TCHANTAO/,nYaid NI .,a Nlnnnlnel I' Y pYUmML11.01K I " M1I IMPo YICC1eO4111ptlOry. AllpWnemAl TEl and ii...I ENANT.111 001•NIIaI aAO .11. 1. IRS 11 N...... MI.W Ma II1R.0 nNHa n.1 OIY1 MWC"Ma 11 aNmaa YIINKNIY N T[M. µT Ynlly TENANT n1I In.y110. In .'Irian[. lO [M tOnVlry On IIIAH [n1 a111Ln1p InranlNY OI VpOn toll eOQImMI. L. TENANT 1waN 10 +YO IM O'NnILY NYw, Yn1YIy. An0'A t "aOINI1M INtx wlNa IAA III- OI Ntl IIMIa'. Ap 10 YIIMOII Na Y-L - IWa tOnOI11T. rlapM01a .t111x01IN UtMOK T. TENANT 1110 all I. IRS 10110 -Al 411111CI Mryl a. TTt V-ONNLnte TENANTS. +AHnN 01 n0I .n UIWI OO,NU.On e1Iq LYnMI oN .pPnI ona a«IInN..U.a... m IMI- Un4OMna Ant At 01 NK wN -Imp Ma IS, Au yml Nl t0 Nt rumlW UYYa 0I elrm'H4 eY T N ARTS, If.,, fNN MO.n,NNA L. N oq IKA1 omen 0er Kn pint N erwMt F o 1, ROI Y Ad, Mr .N e• PN AwNmint. tM er«NnM NrY NM rNFN N aaalnM la 111 TA. WAI,, I... ....... nl. IVAAAnL aN01Aa1 \rtl1 .Illinll p, net IRS 1[1101OI KIp1101VOt -Inl. IQ TNI Oat. 9. Inn , A. NOIMnINN11, aYNtn1L 11/01 a- O.OYIL \I '+1T MYI NI tlN -If C N UY OI 1n Cre. IY. 10 -«I nN.Yry O• RA.I. 11.1 -A 10 t nldl A. all m.Yl t0 ON ER .. O, INYII O NT I.rl, NnaKl. xerYrwtw 01 <MIIICINL (LC "1 N Ant tYt OI tmYYtnLY Or v.Y VN {tIU11O 00 I0. IM OWNER "111 MIt TENANT 1.M1Y•IF11S1) ne6N 10gnN nll1U. NO N1'I MW 0urme nNnp yilnY\ nWl\ M.y r I1. A11 41Y 11NNp n1I....IR1[n tOnILIn IM +0YY W1a..". A..nllnA, N« Ina allYlnellN lwwnK4111nY.111dm 0....... 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E1Cn 1 1 011 ar «.AIM\ IC• , S Nall N OlnOlna VaOn Ina Aky. as •nt R IRS Ol liar o of TCNIANT . 10- N..,AIA.. Wtct SNAM e, ,q wcA\ p/ OYM[O. Ina In1 MM. ALKYL{. ant aaminaNatON al TENANT. In1 OCR Inl N1yna 01 TCNµT I/ IM OWCn -rnl nY OYn qN YKn NI OWNC Oy'M..IIA { .RRI 3). 111.1 WN t Ad, RKN Hnt1 AMA On Ina fl1\t of IM mtn1A, Nnl In011 N a10ra1Aa 10 A. AIM yV 01 IM s" mI' is CWH[R "III not N .YW 10 TCHANT. .it", ar OPN Aan al oM ymO go mmm OR... d V.- .'s" /w.p Hen IM oHI Or MN. wnN 0/.PTIMK1. 1. " KNNKI OI mat Y-a FYaIn L, OI Ina O.MN 01 KNOAAl101 OYILMI P LOAI.(Ywl allp Ny. N OIAM. YLW IM OWN. EP 11 -opt SMO t Goa I... A t a IN4M NO..11 E AN l[. In IM wMl IMI IAN Aw Nm1AI , IRS MIO TENANT IAt RI I t0 YY a .IYIM tIY, tY<n ..a "YNY Nn1Y MI AINy L'AIY 101 Ant ,ARAM Cf Nr . Aill. K Ma NNI nRS N VYO .1 lot "INN 01 •.y11M 0M RISC le Y{A f' tI. NN\. aAa IL { 1141 I14Y /na /. .I OnOYIP(i -.1 N W 01 -.Im -y OWN N IM AV eMN0/T CHANT N1 IA011I.- .11 ,. N- .At00.. S, OI0 -IYl aIL I I. t1 T OWNER 1111 N4N It 1 .,A aI {e ..I, N 1. AVYmtnt NNI MI , n111W/10 NEE 11 WOMU4 +1 OrratAN. TAI 1NAOt• SAO 01 Irnl el OWNER AAA `V Ot I1Y11 0/ MY(n .. NNI all . COn III.Yta AIRS O- 1AY r.., 0I OWNER Yr 1111{[ 1M AOIILI N N(A, ...... Ma NERD IO NNn Or tam -t tR4 A M..N. F rY10.1 01 YN OINYII 01 M4{n, IM OWNCP m0) Y..I OI tOMAw <I NN1«N InA 0<tN4.1A pY OWNER 0/ \Oma NI not 111 a11nA rrnOl . A.m O In 0 1.MOIY NeIIU to 1p nMt or OY.1 "011 net yr IAA ONNLII Ira- pan -L + {m1 on VnO.• NY 1. TAO .KNONt OO"lldo YeM N1 YO11U N.M I. I+I aTOYK NKIIna 1n N1 A41N NY Nr aN11N IOYTMI. 31. .5 O1 OWNE -3O11Y N KtYa1100Y 1n1 dMIS.N AS.. .1I Off �. Pl.plan. J1. A0Y11 OWN[0a onOl .L/ RA LOMMI, na OIN. Inlm04 Or eAI NL. 01101 Or 0na.te N a1 IpOY1 Yla aNm.ILy. hTK40n On {I anln -1Y 1p 1.InpNYn V0M Ia.YI104.1 11... AOIKA. EL TENANT mn net Ill.K IM .O.KY ar IW M na -torn N Iv\ LnN .Hopp IM Onpr w,Klrn sMYnt or 101 OWNER. Co..., A to aM OM\Ilnt M 1 W Mmwl Nlll MI " MMa a iMYYI to an)oln Al IN MTIRM wNL0EO /. No yN1Y A0l1.KYN0 NII AHalmtnl IRA data IIrN IOCIA.,IIIP. O,.n11 FI .. O Ananl CALMAnx REALTYAMANAGEMENT, INC. MOUSE RULES • I The residents' family and guests shall hart due regard for tame comfort and enjdyw,nt Of all other relldents In the acirthent co0anity. Your epar-.nent is your more, free from Interferenu from han,gkeent, unless you or your quest disturb other pews. Occupants and guests Shall Nintaln Order In toorthelt at all tines. ial W IIomq. stereo units and sutical instruments shall not be played it 4 volume that annoys persons In other apartments. 2 Resldents fast agree not to Change or alter tact& at any tin, unless written pernlstlan is Steam few Managesent. S. Occupants are llelted to me (1) fanny and no hors than two (2) persons per bedrom. 4. Appliances, Plurbld9, heating and air cmutionlej: Please Check with Mam9ement If you Oa met know Paw to properly operate these Items we will advise you Of details to as to get the ultisite perfovaMCN. Resident shall turn off MISS and air wneM edndaws and dacrs are Open, 9. Pause $,Dolt Maintenance ,*Coast& to tot office PRmn (619) 725 -1641, during Business hear% Services are available after hours for frargamcies only; these Include flee, $tan dwage. meat and water damt9e. 6. AP&,t•e,t dwellers Should halt ptrscnal Theft 6 rive Insurance. Our Wlldings are covered, hot your personal belongings such as clouel, furniture, eta., are not. 2 SSwiming pool, and pasta arts are for all retldMtl and their Boosts Slice the pools are being veto by any aparinemc YP1Ls the reStdIMts HIST BE Considerate Of the rest of the residents In kne se tter if Inviting Guests, as the residents living here Net nave 'lest consideration as to the use of me poll It is suggested that the residents give Careful Lhoigmt to inviting 9vMTs d9rlmg hours that the pool is In Mug use. ALL GUESTS tmou to be regletered with the Management and will not be Ills ltd In the Pool etc%% OCCo-0anied by the resident that ales Invited then. D. The clubhouse Is for the use of ALL RESIDENTS, during been hours, not for Just a to mjOy. we 3110 allow fir residents to rtserve the club for privet* parties. This must be an,roved through anage^ent and you will OR rMpomslbte for leaving the ram alt# and elderly, Yo, are also respansible for any of your guests no nay cause damage during the party. 9. All Cart art rewired to have A Heritage Park Sticker to the Dot window, Cars art subject to be towtd without this tucker. 10. Please DO HOT Dark year Cal by the building If you (pave before It A.M Never Dace Into A 04,king Space by the Building At ink fu ^es 90 Into the aoartnentt and cause disc mfort to your neigmbofs Pause help us to tee, your lot, clean RIVER dump your ear jsmtray died the lot it Attila. Say you, 'GlodDyo' to your quiet 5151de yo-J, apmtreht If they lea,, at night. h consldmrte of your nelgrbore - AT ALL TIMES 12 Please eta all visitors to cart in outside parting later$. leaving the spaces clatest to the buildings for residents. 17. Visitors Should not bring PET! with tom. If you have a pet -felting. please notify the office. 14 Snckt Alarm: Step. or snot, will At off tPe slam. The noise will not hurt you or the unit Turn On the fn atave the stove •Mile coating. this .all help to ti lsl hat< the stem or sate. 15 Managerent 1109111, that ally white backing an "realms be allowed 11 windows. no colors, prints or flowers Should be hung, Please, If you have plants, It is your respdntlb ll ty to out A Contllner underneath to as to catch any water that ivy lost you .111 be held responsible for Any una9e that water sly do to the aar15etin9. 16 Management shall here the right to Pale Such other reasonable roles fret tins to Is they judge necessary to Am Chalet the tlunllnesf and orderliness of the Orfeise 40d Safety and comfort Of KCUPIM%$ Of the oulldln9s Relic@ of any additimil rvlet And reSoI tie,$ .111 he given to the resldtl.ts In writing. I May[ READ TME ABOVE RULES SET FORTH IT THE HARAGEMERT Go HERITAGE PARK, Ain ACPEE TO ABIDE by THEM At ALL TIMES. 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WOSOM.IIINpT1I to II "IOIMy 1M N {q n01 N NTMI IVNI LCS• MI{IOIIII TM11YM M.ItL L93304. CC 11 111YIN11to a.. 1IIn11N{I LCLLLL IIIITNp{A W lnY 0I I.IM nlnl O ln0 ulOn iNTMtIIN II Inn LMM. LLLSCC U M InlllunlO lY 00. LLS$L NIII N NTIN II trt14K YN ".0 c, NIgn1 IM Iuq IM /IITIMI ONY •n NI NTI {On I111M tNnIT nIr111111 tO.11n11I1It11in II N4 tlllUl fws �� {In {Nm� (��INIY �iNIIO INII NGTMIN tNI1TM11n1 vnnnl In1 /I /INI {I In111n1 Ynll II III NyI OINI IM iOMIYIn.1{{III 1110 y� y 11,ftNT - Ttnlnl \'_I r EXHIBIT £ I. RIGHT = A HEARING Upon filing of a written request as provided herein, a complainant shall be "entitled to a hearing before the Hearing Panel. 2. peel=I= a. Owner is used meaning owner or his Authorized Agent. b. .C=.Wnxnt is defined as any resident whose rights, duties, welfare or status are or may be adversely affected by Ovnec's action or failure to act and who files a grievance or complaint with the Owner with respect to such action or failure to act. _. City as used herein shall mean the City of Rancho Cucamonga. d. 211EYa1LE DS .CCLttzlainj is defined as any dispute with respect to Owner's action or failure to act in accordance with lease requirements, or any Owner's action or failure to act involl•ing interpretation or application of the Owner's regulations, policies or procedures which affects the rights, duties, welfare of status of the complainant. 3. RROCEDL1R 2RLU = A HrALgTN , a. AU y.Lfe_ v�nCP = rnnnl�afnt rmqt Ile Rercnnal)y to the Owner's office or to the management office of the project in which the complainant resides so that the grievance may be informally discussed and settled without a hearing. The grievance or complaint must be signed by the complainant and filed in the office by him or his representative within 5 days of the Owner's action or failure to act which is the basis for the grievance. It may be simply stated, but shall specifiy: (1) the particular ground(s) upon which it is basedi and (2) the action requested. A copy of the complaint shall be retained by the complainant and a copy should be filed with the project manager. All complaints and /or copies must be date - stamped at time cf receipt by the Owner. b. An answer in writing U P.a:h nnmpiain•, dated and signed by the project manager, or other appropriate official, shall be delivered or mailed to the complainant within a reasonable time (generally within ten working drys). A copy of the answer shall be filed with the complaint in Y 1 /s/ the appropriate project office. The answer shall ® specify: 1. The proposed disposition of the complaint and the specific reasons therefore; 2. The right of the complainant to a hearing; and 3. The procedure by which a hearing may be obtained. If tha rnrglalnAnt is with the proposed disposition of his complaint, as stated in the project manager's or other Owner official's answer, he may submit a written request, to the Owner or project management office, for a hearing. This written request shall be made within a reasonable time of the date of the answer to his complaint (generally ten working days). The written request for a hearing must be date — stamped and filed in the appropriate Owner or project management office along with the complaint and answer. The Hearing Panel shall be advised promptly of the request by the appropriate official; shall schedule the hearing as promptly as possible for a date, time and place reasonably convenient to the complainant; and shall inform the complainant thereof in writing. d 11 the complainant ilrlas not Z001=1 a hoar+no within the to time period allowed in Subsection c. above, he waives his right to the nearing, and the Owner's proposed disposition of the grievance will become final COMPOSITIny AU SELECT QS Dz THE HrARTN npA The heating Panel shall consist of five members; two selected from a list o` tenants; two appointed by the Owner; and one impartial and disinterested member ;together with an alternate) chosen by the Hearing Panel mumbers. In the event Lhat the four Hearing Panel members cannot agree on the fifth impartial member, then such fifth raombea shall be appointed by the City. The Chairman of the Hearing Panel shall be elected by the members of the Panel. Three votes shall be required for any decision by the Panel. a Thera shall ha nn - UlaL+ya nt t. - nnayleinant on the Panel which hears his complaint; nor shall any office or employee whose duties and responsibilities involy him in anyway with the Irievance at issue, sit as a member of the Hearing Panel for that particular he..ring. 5• THE HF I ;S a. The Raltlts shall be antill&d to a Fair haarfna before ` the Hearing Panel and may be represented by counsel or L8�1{ anoU,.. person chosen as a representative. b. The baarino shall ha yriva �SY c. if the di °Gyts 1S QY= jhe amp ilf rent or other charges which the Owner claims is due, the complainant • shall deposit the amount in dispute in an escrow account pending settlement of the dispute by the Hearing Panel. If the complainant fails to do so, it shall be determined that the complainant has waived his right to the Hearing. d• IF9 tsm81ai"en '&'2.1 t4 A922AS At 3 Rearms, the Panel may postpone the Hearing for five working days, or may make a determination that the complainant has waived his right to the Hearing. e' Atot rprh& h fing case. The h burden lz Pr- 0.4ftiss on the .• omplainant and arguments in support of his complaint. ei The iOwner may confront and cross- examine all witnesses on whose testimony or information the complaint relies. Hearings conducted by the Hearing Panel shall be informal, and any oral or documentary evidence, shall be limited however to the facts and issues raised by the complaint and answer, must be received by the Hearing Panel with regard to whether that evidence would be admisaable under rules of evidence employed in judicial proceedings. DXCI51oY8 DE THE BZAR G PAM A- 'e Aeri =inn D1 the wn� Pgn-1 shall be based solely • and exclusively upon facts presented at the hearing. To the extent that the decision is not inconsistent with State 14w, and to the extent provided in Subsection c. below, the decision of the Hearing Panel shall be binding cn the Owner and Complainant. b The ling an .1 shall nreoa•n 1SS written e including a statement of findings and eonelusi omens Iles well as the reasons or basis therefor, upon all material Is raised by the parties. This shall be done within a reasonable time after the date of the hearing. Copies thereof shall be mailed or delivered to the parties and /or their representatives. c. " the iie:lsinn is Sn frier of the snmDlIIinAnt, the Owner shall within a reasonable time take all actions necassary to carry out such decision or refrain from any action prohibited by such decision unless the Owner's counsel determines and notiftes the complainant in writing within 30 days that the Hearing Panel has acted arbitrarily or exceeded its authority. In such event, the Hearing Panel's dlcisien may be judicially reviewed. - - Z VACATE PEEC1 1.5 • a• 11 the Tenan has r^Q Uea rd a h_ n sr�ina on the proposed /s3 • eviction and the Hearing Panel by its decision upholds the Owner's or project management's proposal to evict, an action to regain possession may not be commenced until after the Tenant's right to use and /or occupy the premises has been terminated by lawful notice, such notice to vacate may not be given prior to the date on which the Hearing Panel's decision upholding the proposed eviction is delivered or mailed to the Tenant. b. must such or id n Vacate is 212211 = 11M Tenen , he must be informed in writing that: (1) If he fails to quit the premises within three days, appropriate legal action (dependent on state law) will be brought against him: (2) If suit is brought against him, he may be required to pay Court cost_ and attorney fees incurred. 0 S - 4 15V ® ORDINANCE N0.01- 18 -OICO AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND,CALMARK DEVELOPMENT CORPORATION The City Council of the City of Rancho Cucamonga, Califoruia, does ordain as follows. SECTION 1. The City Courr.,l finds and determines as follows: A. Government Code Section 65864 through 65869.5 authorizes the City to enter into binding Development Agreements with persons having legal or equitable interests in real property for the development of such property. B. Three copies of the proposed Development Agreement between the City and Calmark Development Corporation are on file in the office of the City Clerk, and the same are public records of the Ci ty C The proposed Development Agreement pertain to real property situated in the City and described as follows: Parcel No. 2 of Parcel Map No 5792, in the City of S Rancho Cucamonga, County of San Bernardino, State of California, as per Book 59. Pages 74 and 75 of Parcel Maps, in the office of the County Recorder of said C,�unty 0. The City Council has held a public hearing on the proposed Development Agreement and notice of that public hearing has been given for the Limp and in the manner prescribed by Government Code Section 65867 E The provisions of the proposed Development Agreement are consistent with the General Plan, and there is no specific plan effecting the property subject to the proposed Development Agreement SECTION 2: The proposed Development Agreement between the City and Calmark Deve opment Corporation, referred to in Section 1 above, is hereby approved. On the effective date of this Ordinance the Mayor shall sign as many copies of said Development Agreemnt as are necessary for the use of the Parties, the City Clerk sha I attest to the same and shall deliver one fully signed copy to Calmark Development Corporation. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause Lie same to be published within fifteen (15) days after its passage at least once in The Dail Re art, a newspaper of general circulation published in the City of near o, a ornia, and circulated in the City of Rancho Cucamonga, California /S� Ordinance No. Page 2 PASSED, APPROVED, and ADOPTED this _day of 198. AYES: NOES: ABSENT: n e s, Nayor ATTEST: auren .y, uasserman, ty _ er kep / Szo lJ 0 J 0 0 CITY OF RANCHO CUCADICNGA STAFF REPORT DATE: January 18, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner 6� ''in Win iz u 1977 1 BY: Gary W. Richards, Code Enforcement Officer SUBJECT APPEAL OF USE DETERMINATIOII 83 -03 - ALTA LOPIA FEED STORE - request to eterm ne a ee store ac ty at n 81 Etiwann,, Avenue is appropriate for the VL District of Etiwsnda. BACKGROUND On November 9, 1983, the Planning Commission considered a UN determination for Alta Loma Feed Store. As prescribed in the Development Cade, the Planning Commission may determine if a use, if not specifically listed, is similar in nature and scope to those permitted a- cond:tSonally permitted within any Development District The Plan,olry Commission determined that a feed store facility was not similar in nature to those uses currently permitted under the Etiwanda Specific Plan for the YL District on either an Interim or permanent basis The Planning Commission denied the request and further extended to the applicant 120 days in which to relocate the business to an appropriate commercial zcne. RECOMMENDATION: The Planning Commission recommends denial of Use eterm nation 3 -03, Alta Loma Feed Store, located at 662! Etiwanda, based upon their findings that this use is dissimilar with those permitted and interim uses in the VL District of the Etiwanda Specific Plan I Res ect 1�iS Itted, — — i 1ck Gomez Cit Planner ' RG:GR:jr Attachments i G. ZONING ORDINANCE DETERMINATION 63 -03 - ALTA LOMA PEED STORE -A request • to determine If a feed store facility is appropriate for the VL District of Etiwanda. Rick Gomez, City Planner, reviewed the staff repot. and narrated the slides wnich were shown of the property In question. Chairman Stout opened the meeting to receive comments The applicant Was not present. Mr. Jim Banks, Etiwanda resident, mated some people aro concerned with a retail store on Etiwanda Avenue and his concern is with the tool that the Planning Comnisslon is using He indicated that the interpretation of the Etiwanda Specific Plan language is being usod to authorize the store although it does not appear in the definition; the people who drafted the Etiwanda Specific Plan did not intend SL to be there. He InJicated that rllowing a retail store here is stretching the definition and that there will be trucks parked in front of the store and it seemed to him that if they want a store there, there cost be same other Way of achieving lt. Mr. Banks reiterated that if the Planning Commission can interpret the language of the Specific Plan to include a retail store use, it can interpret anything in any other zone. Furthcr, that if it is done by this method, the matter does not have to be postal or called. He Indicated m,ether 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 sta•ue that it appears the applicant is not present a„d since this is not a public hearing Stem and the applicant is asking for guidance, it Would serve no use NI purpose to continue this. The consensus of the Commission was not to continue this item. Mr Stoat stated that he felt this request is starting to stretch what Ss the interpretation of a similar use of commercial on a street like Etiwanda Avenue especially since St Ss a key street In the -.'Wanda area. He further stated that he is tocewhat perturbed that this ust ,Just seemed to spring up without anyone knowing aoait it with toe appearance that the appli�tnt is now asking to ratify that decision. Chairman . ".tout stated that if he Wants soma kind of change to commercial designation he should go througn the public hearing process as this change is not a similar use Edward Hopson, t33ist3nt City Attorney, stated that with all due respect, Section 203, pages 5 -7, Which is a part of the Commissions 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 Barker stated although he Is able to see how something lika this could happen, ti is uncomfortable with the manipulative interpretation because tha language is fairly clear and the Commission would be establishing a percedsnt in allowing this use in a residential area. Planning COrOiesicn Minutes -11- November 9, 1963 Cacaies Loner Retpel stated that ++hen he was working on the Et ithe a Specific brought uD the face that the area south 0 of farmer's market and he felt that it of the schoolnwouldtbe ideals for woe°CYP of is whore this type of use should �, tithe ��Saaiont bringing na whole at that Victoria This vas the intent, rime and what the residents were saying were Commissioner Juarez felt it would open the door to everyone if this allowed. of there. Commissioner Nc Niel a3kod ho without w the feed et g W. Ya L•in explained that it was done wthout benefit of staff input and cor.3ideration and appeared one day Commi3s loner Barker stated It would only be reasonable Co alloy the applicant sufficient time to relocate ca his business. nforcement situations 90 -120 days is yr, Yairin stated that normal Y t<llowed for ^,location. osed to having an agrarian chU g the Cummis stoner MNiel stated that he would not be °D Banks. store in general area Decease no Celt SL 13 needed but asked if Cormi3slon .s talking about the procedure raised by permitted in the equestrian fpmmlasloner Reel stated that such a use is nOt overlay area VL W fAOez stated see determination Ss for 0 feed store in a chat thta all District and team Diner ecaaerce site be D°tentlal .ices fcr this type s In Lhe Et ivanda Specific Plan could la conformance with some of NIe temporary �alrman Stout stated that in order t0 aaoN thU use Che Comm. ^sSe oral nave to TaKe a flndin3 that this U that It ag ncu ltura, aces He Lhd.ca er dt Craft Gheo 0omm1Aaionf U unar Cou31 In is that It U not s1j..ar and It aDPs U not a 34atlar use !a Gomez sued if them 13 n specified time U N ice this use should e abated. licant to move Commissioner Bark" stated ne would allow t20 days for cne ADD into a commercial zone. the applicant be given 120 days The consensus of the C, =.Aston was that during which to relccata. y, DRAINAGE CONSIDERATIONS :N PROJECT APPROVALS .,,ryrized the staff report he had provided to t:s yr, Roudea•t briefly the condition s for approval °f the Vista del the among be Kept off existing streets and not Commission stating the PepDOrNOOd pM • "•t which va3 Verde subdivision was that drainage However, .i ld leg, vas directed towards to 3tNOOd Avenue. approved D Vista del Verde and now toady to begin .12- tbve,ber 9, 1983 Planning Commission 11lnute3 /59 c CITY OF fUNCHO CUCAh10NGA STAFF REPORT DATE November 9, 1983 '''l TO: Chairman and Members of the Planning Commission FROM: Rick Gaaez, City Planner BY: Gary N Richards, Code Enforcement Officer SUBJECT: ZONING ORDINANCE DETERMINATION 83 -03 - ALTA LOHA FEED request to eterm ne it a reed store tacIlIty is appropriate for the VL District of Etiwanda ABSTRACT: The Development Code allows the Planning Commission to eta ermine if a use, if not specifically listed, is similar in nature and scope to those permitted or conditionally permitted within a Development District. Attached is a letter from James S. Crowell, President of Alta Loma Feed Store, requesting direction from the Planning Commission regarding the continuance of a feed store facility recently opened in the VL District of Etiwanda. BACKGROUND_ The business in question was recently relocated from the west s e of Amethyst Avenue to 6681 Etiwanda Avenue. The subject site is part of a ten acre parcel, located on the east side of Etiwanda Avenue, north of Victoria. The site is directly east rid across the street from the fire station The easterly five acres of the site are vacant land and not used at the present time. The westerly five acres along Etiwanda Avenue are mostly orange groves with the exception of a nursery in the rear portion of the lot The site contains one 20 % 30 block structure with a fenced storage area on the east side of the structure. The bulding is currently used by Alta Loma Feed as a retail sales outlet and storage facility for their feed and grain products. The surrounding properties are basically undeveloped with the exception of the fire station across the street and two residential dwelling units located an adjacent large parcels. This new location lies within Ure VL (Very Low Residential - 1 to 2 du's /ac) District of Etiwanda. ANALYSIS: According to the Etiwanda Specific Plan, agricultural uses such as raising, grazing, breeding, boarding or training of large and /or small animals is either permitted or conditionally permitted on lots of 2.5 acres or more prior to residential development. See attached section of the Etiwanda Specific Plan for permitted agricultural uses within the residential zone. gone of these agricultural uses would require the storage of hay, feed and grain ITEM G 0 z c1' r PLANNING COMMISSIV STAFF REPORT C Zoning Ordinance termination 83 -03 November 9, 1983 Page 2 According to the letter received from Mr. Crowell, only items related to domestic animal needs and that of local farmers would be sold from this location. The use would be considered retail sales of feed and grain products, but only on a small scale. The use would not be permitted to expand beyond its present state, therefore, the agricultural character of the area would not be altered due to this use. RECOMMENDATION: It Is recommended that the Planning Commission consider ttWTs reauest and make a use determination as to whether the proposed use is similar in nature to be allowed or considered to be permitted within the VL 0istrict of Etiwanda with a Conditional Use Permit, consistent with the intent of Cite Etiwanda Specific Plan and General Plan R pee full bmitted, Ic ,Go City Planner RG:GNR:,1r • Attachments: Letter From Applicant Excerpt from Etiwanda Specific Plan Vicinity Map /L / � c October 19, 1987 TO 'HE ATTENTION OF: Nike Vern, Members of the Planning Commission, Councilmen, and Mayor of Rancho Cucamonga The Purpose of establishing a feed score in the Etlwanda area is to fulfill the needs of the local agricultural arra. WO propose to sell only Stems related cc donescic animal needs and that of local famOrs We feel that this is a much reeded arec in which to expand This Sa a new direction for our store, as we have discontinued many sundry Stead such as western wear, boots, haze, belts, etc and other related items Chat ware sold In our store on Amethyst Avenue, We realize that this area will be developed within the next few years ane With that in mind we will be looking for a new location. At the present stage of development In the Eciwanda area, we feel our score Is a tremendous asset for this agricultural region Your kind attention to this matter is greatly appreciated Sincerely, z �,tI w- S- Ames S Crowell, President Alta Coma Feed Score, Inc 0 U c c .209 Agricultural Uses: Prior to develo ?ment, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: Za) Permitted Uses: Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on In the general field of agriculture. Raising, grazing, breeding, boarding or training of large or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the foUowlnys Cats and dogs: limited to the keeping of not to exceed four (4l cats and /or four (4) dogs, over four (4) months of age. Small livestock: with the number of goats, sheep, and similar animals limited to twelve (112) per acre of total ground area, with no more than one (1) male goat. Cattle and horses: Including calves and colts over six (6) months of age, with a maximum number of four (4) animals per acre of total ground area. flogs: (nongarbage fed) with a maximum number of two (2) per acre of total ground area. The total number of such anlmaLs on any parcel or premises not to exceed five (5) over six (6) months of age. Combinations of the above animals, provided ta.i to•.al density on any given parcel shall not exceed that )wrein specified. In no event shall these be any limit to the permissible number of sheep which ,na -, be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer or wild growth, and further, where such grazing operation is not conducted for more than (4) weeks in any six (6) month period. Aviary: ll.nited to fifty (50) birds per acre. 5-6 G3 1 C C Apiary: provided that all hives or boxes housing bees shall be placed at least four hundred (400) feet from any street, road or highway, any public school, park, property boundary or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site. Retail sale o: products raised on property excluding retail nursery and sale of animals for commercial purposes. (b) Conditional Use Permit required: Worm farms. Frog farms. The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, rats and similar small animals. Dog kennels, dog training schools, small animal shelters and dog breeding establishments with outside runs. Wholesale GBtributor and processor of nursery - plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and /or wholesale in distributor. Outdoor storage and display are prohibited except for nursery -plant stock. 204 Setback, height and design guidelines for proposed residential development adjacent to schools, churches, and other sensitive uses: Now development shall recognize and respect existing conditions and uses, and shall oe designed with sensitivity to minimize Its Impact on such existing uses. Design considerations shall include building orientation and its relationship to establlahed uses, adequate buffering, height llmitatlons to prevent sightline Intrusion, structural setbacks, location of trash enclosures, and other design solutions as may be necessary to assure compatibility of existing t io a! Tam uses. However, adjacent o the existing . Y 1 Temple, the setback shall be no less than 33'. -r �s 1 01 R VL II E5 VL VL Kiwo.re �VL ,L, L Pe J it VL I .I L OP B 111 os P3 VL VL L L N Os . -% Os 'vL , OS MI.LH&AYL S� Master Plan required Schools: I exist.- E,J,H p- Parks proposed - e RESIDENTIAL- j OS- 0Mplaca ER 0 -1 VL 1 -2 pia COMMERCIAL: = L 2 -4 o Ltd 4 -8 d° CC, NC, GC, M 8 -14 v FC, CS, OP l title figure LAND USE 5'1 DISTRICTS S� Jam• • JT' °l i��L/ I_- Made and entered into this �_ day of D��r' 1Y1S Ate'• 4CM COCA`M. cgmw m a ipnicipal becw2en the CITY OF R%ti a 1983. by � 'City'• and RC IP.9 �'�• hereinafter referrei to as ' 'peveioper ". corporation.teinafter referred to as Califsrnia general partnership, pro,,des as follows: RED k DeveloP°-r desired to c cVlete the it4SOVec+sho requ -'red for the subdivision of certain real propene/ in the City show" ext condicionallY aPProved Tentative Tract t^ap No I of yryt'4r11S one of the conditions o "` aPPSOVSl of Tentative Tract Map �O 11934 is that ad' of n sneer protection t iem facilities be providede the Cores of Engineers and the Federal FlrerganCY pfar+age F'd'rRf,'S' flood protection requires the cent Agency has detertdned that said adequate ® + ani construction of a training levee co pr reek protection acquisition levee of the Day Creek SPrea•iinB Groends from a possible outbreak of the east a the Flood Plain Zone and to reriove Tentative Tract No 1 is from r tha train ca, levee is req� -�' north of Highl�d proceccien M' +'�• for the safety � the unincorporated area. but is nzcessary area WIC the City of Rant og�a ri &ht'OL -uay for the train- of City is crtllinB 'and "B' . ac the oresant described in Fxhibit ' -q� all costs cf acquiring said rift- Of -w1' �g levee across the property tom, only if Developer agrees to pay WW .ham• City and Develope" z9I as follows: l) Developer shall use its best efforts to acqu =e• by appropriate deans, an easc for construction and mazntan � on an °e of the training levee across the pmPem' described in Exhibit "A" and '$" attached hereto. /�o 6 MAM (2) If Developer is unaole to acquire easomenc after using its best efforts, City shall use its best efforts to ocquire by appropriate proceedings, including eadnent domain proceedings if necessary, said easement (3) Developer may utilize said easement, when acquired for &,a construction of a training levee, in order to satisfy the flood procecticq conditions of Tentative Tracc No 11934 The 1OCdtion, design and consta- .y tion of said training levee wttl..n said easavanc stall conform to all City and appropriate governanntal ezencies' requirements therefor (4) All costs of acquiring the aforesaid easeranc shall be borne by the Developer. Said costs shall include, b -: small nor be li ited to, Just compensation for the property acquired including severance damages, if any, litigation expenses and damages upon dismissal or defeat of right to take, appraisals, acquisition agent expenses, legal fees, and court costs. Any settlement which exceeds 115% of the appraised value shall be approved by the Developer (5) limediacely upon the execution of this Areemmt, Developer shall hake a payment on account to the City in the sumo of $3,000.00 This ssm, and any ocher deposit with the City, may be used for any purpose con - templated by this Agreement (6) Prior to the filing of a complain- in eminent domain for the purpose of acquiring the easement herein described, Developer shall deposit with the City the probable amount of caupeisatien, based on an appraisal, that will be awarded in the proceeding, together with an additional sum equal to 15% of the probable amount of corpensation. Said avu--u, and additions thereto while in the control of the City, will be kept in an interest bearing accou_.t (7) In the e••enc additional conies are necessa -rl• in order to cc plea the acquisition contemplated by this Agreement, Developer shall deposit the -ame with the City within fifteen (15) day- after demand is made therefor -2- • 0 0 E LU (7) (cant ) Without in any w;ty limiting the foregoing, within fifteen (15) days after entry of judpent, or other order, in any mdnent domairrproceeding, Developer shall deposit with the City an mount of money sufficient to enable the City to make said paymyst (8) Subsequent to the conclusion of all proceedings conterplated by this Agreement, City shall return any :mused portion of DeveloFcr's deposits including interest thereon to G- oeloper (9) This Agreement shall be binding mid shall inure to the benefit of successors and assigns of the parties hereto. (10) Time is of the essence of this Agrear -rc (11) This Agrement coy be modified or amended only by an instru- ment in writing executed by borh. parties (12) In the event either party is required to ca m,ence legal action to secure perforcance by the other party of any o: the provisions o_° this Agrencenc, the prevailing party in such litigation shall be en titled to recover court costs and reasonable attornevs fees In (.:T\:SS k1EREOF, the parties have executed this Agreement on the day and year first above written. unc nrr 211593 RC Lk�M = ?AN "i a California General Partnership BY: T)E I.TLLIAM LYON OS?A:Y as General Partner r BY: C. / jAP �75en or, a resident �e esi .eni c CrrY OF RA-% -M CLrA%MGA BY: Fay-or -3- 1(. 9 70 IsVILLL10, I Ll'0Nrr' �7w/ 19 CORPORATE PLA..A, P 0 00% 7520. NEWPORT BEACH CA 91660 • 171Al 833-3600 Decarber 12, 1983 w 0 °_31683 uv,� u.:. Robert E Dougherty Attorney at Law for the City of Rancho Cucarot>,ga 1131 West Sixth Street Suite 300 Or. Brio. CA 91762 RE: Training Levee for Protection of _race.. 11934, 12944, 12045 mid 12046 Ocar Mx Oo,*:erry: Attached are three fully executed copies of the Agreement regarding the Training :. -vee Also attached is a check in the amatt of 53,000 00 payable to the City of Rancho Cuca nnga We would appreciate is if you • would proceed with the condo ation as e_xpedicioLsiv as possible as m will be looking to deliver hares which will need to be protected by this facility in `arch of 1984 'f you have any ;vesticns or if there ; anything ore can do to help with the process, please let us know Sincerely. Tr=' W! LYON 0121ANY -'Ricbard S Robinson Vice Presidentfrreastwer Atrachnents RSR /jj cc: N-, Llcvd 0 Hubbs 1 Gary Nechling P S. After aiWdture, pl ase return one fully executed copy of cha Agresnenc REAL ESTATE 'DEVELOPMENT • - /G9 M 3565 /�, R C L.+�n l OJ�I.1�1 a.M [s.J. „�.,. w,r oa. l9 CORPORATE P"21 u.B99 9uno UNION BANK Mp y ... v. a.M Ca,M, ^,. ' :rLbTOnT UdLI1. CA 99800 ^ /q f� 0;,jM 4/M 4'. � = �' PAY EXACTLY ., }MOUNT GaT[ r Doc 15, 1983 $7,000.00 CITY OF v„A -ECHO CUCA.90FCA ono In or 1 1:1 2 2000 7 7 13: 45053 35[' i x'003565•' I - ••• O[T.c. ih0 .[Tiih Tw�f \T�iCM[NT N C :JMO COM.AMY • p ii ..... wi"u p -i ^Jr•.• iJ i -a • i„ "•o ., M E M O R A N D U M 0 TO: Lauren M. Wasserman, City Manager; and Lloyd E. Hubbs, City Engineer FROM: Robert E Duugherty; City Attorney DATE: December 21, 1983 RE: Trainin Levee for Protect -on of Tract Enclosed please find quadruplicate originals of a proposed Agreement between the Cit! of Rancho Cucamonga, California, and the RC Land Company relative to the condemnation of propertv for the purpose of constructing a training levee to provide protection from the east levee of the Day Creek Spreading a possible outbreak of Grounds and to remove Tentative Tract No 11934 from the Flood Plain Zone Also enclosed is RC Land Ccmpany's check in the sun of $3,000 00, which check is issued pursuant to paragraph 5 of the Agreerent. The Agreement should be presented to the City Council for approval and execution and thereafter a fully signed copy of the Agreement should be returned tc The t4illian Lyon Company Also, please provide me with a photocopy of a signed original for my file. Once the City Council approves the Agreement, then the first step is to , tain ap raisals of the parcels which the City seeks to acquire Since the time we last cear „enced an eminent domain action, there has been a rhanage in State law effecting tho proce- dure_ which we must follow. Government Code 57267.2 now requires that "Prior to adoptinc 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 cor+pensation therefor, and shall make an offer to the owner or owners of record to dcquire the property for the full amount so established. . . . ii, 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 Difilippo s 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 s Company performed appraisals for the City in connection with Assessment District 82 -1, However, if Difilippo s Company .:annot •perform appraisals pr•om_tly, I will shop around in an effort to locate a competent appraiser wrno can In the meantime, Lloyd, please check the latest equalized county assessment roll and provide me with tFe name and address of each owner of record or the subject parcels. 0 RED:a 7o Enclosures cc: Mr. Richard S Robinson, Vice President /Treasurer The William Lyon Company -2- ti f • DI CITY OF [RANCHO CUCAMONGA STAFF REPORT DATE: January 18, 1984 TO: City Council and City Manager FROM: Lloyd B Mubbs, City Engineer SUBJECT: Alta Loma Channel Assessment District 82 -2 H 1977 Attched then fl all sformation stages procedure for giving i Alta Loma actions require d to Asse sment Districti. These resolutions and actions basically authorize the following: 1. Preliminary approval of ttr. Engineer's Report delineating the method of assessment spread and preli•iinary assessments. 2 Appr• es the Plan, Specifications and Estimates and authorizes bidding of the construction contract 3. Authorization for sale of bonds 4 Approval of agreement with the Flood Control District relating to bidding, administration of the construction contract and maintenance of the completed facilities. 5 Setting the hearing date of Mirth 7, 1984, SUMwARY OF DISTRICT PROGRAM The OiStrict is designed to assess all de, ^lopable properties within the drainage boundary to construct upper portio of the Alta Loma Channel and tributary storm drains In addition, the prooect will construct debris basins and expand the existing flood control detention basins Total estimated construction cost is S3,300.000. Incidental and financing cost increases the District cost to 54,650.000 The acreage of assrss•nert is approximately 610 <.res The acreage charge at this time is approximately $1,600 00 per acre A key element of the assessment spread is the determination of adjustments for partial development. In cases of partial development, the following rules were applied to develop the acreage to assessment 1 73 CITY LOUNCIL STAFF REPORT Alta Loma Channel Fssessment District 82 -2 January 18, 1984 Page 2 is Adjust-7ent for Partial levelotmeot In seven of the benefited parcels, it sbTd a not t at tie !n is partially developed Ir conforming use. Since these properties ,ire cipable of subsequent subdivision, they would be subject to the dralrage fee. All est'Mate has been made of the degree of development accomplished in eath of the seven lots. An adjustment factor to the partially developed 'acreages was ahOxlplished by using the lesser of the two f011iwtng evaluatlansi A The necessary and required for the use of the aeveloped portion of the lots was considcred in COMPutirg a factor o ca'culate the remaining undeveloped land available As an ^xample, a five (5) acre parcel containing one acre of land to preserve the current conrorming use Indicated a 800 factor, which when multiplled against the gross acreage, would show a four (4) acres remaining undeveloped portion of the prrierty 0. As an alternative, a comparison of the land AV and Improvement AV was made on each parcel that was P4rtiaily developed to conforming iso. Using a factor of land AV versus improvement AV as Will equal to ':onstitute development, calculation of the remaining land for development of each Partially developed parcel. Under these rules some '40 and three acre parcels were excluded, STATUS OF DISTRICT Several workshops have been held with property On(.ers and a number Of potential protests have been identified At this time, It would appear that over 60: of the assessed area involves tracts who have petitioned for and support the District as a means to facllltate dpvelOPment. It Is likely that nearly 20% of the Ownership represents potential pretest These protests can be broken Into two distinct categories First, small 5 to 10 acre partially developed long time ownerships who have no immodiate plans for development and would face diff lculty in meeting assessment payments Second, are poultry ranches which are currently in active use and do not have plans to relocate In the forseeable future. The ranches would, however, likely develop residential at sometime in the future. as All or these lands are developable and would be exposed to future fee obllgatitns and tall In the Cateogry of benefiting properties. It would not be possible under the philosophy of the District to exclude these lands from assessment. The only method Of alleviating the impact on most of these predertles is to develop an agreement wits owners under which the City would carry assessments for the owner to some fixed time. At such time, all charges would have to be reimbursed. The consultant recommends that this approach only be applied to partially developed and non - conforming uses. This appoach d draft edisc bThiseapproachawoulddplace be available for discussion at the Counc I meeting the City In the position of banker for a portion of the project. Total 17 y CITY COUNCIL STAFF "EPORT Alta Lava Channel Assassment District 82 -2 January 18, 1984 Page 3 obligation under approach could iac $500,000 e n $75,000 of thicould beco eredydrangefeescolcctedin the area but the remainder would have to be drawr, from drainage or systems fee funds. It would be staff's recommendation to pursue this approach. I will be meeting with each of the Council prior to the meeting to discuss the District in more detail and will forward the draft participation agreement when it has been completed COUNTY AGREEMENT A1sr includea as an item for approval is an agreement with the Flood Contol District to act as contract administrator for the project. Under this agreement, the County will advertise and award the construction contract and Insure the completiun In conformance with District specifications come minor excernlo0leerost of Chet arks contemplated mt undby thempragram will become Flood Upon successful formation Of the Dist,ict and co st uclttonf fundswillebel he transmitted • District will award the contract. the oroj be returned to the Cityp for disposition t in accordance with withg the lawPletton will to the for aministration costs will be executed without fixed eport approval. This proach to ntract effort ap that would be involved din esCity adm!niste ed contracty duplication of Approval of this agreement 15 reccrmended. RECOMMENDATION It is recur.-mended that the Counc 1 proceed with the actions outlinr,d in the Order of Procedure and fix the date for Public Hearing on District formation for March 7, 1984. Rasp tfully subinitt LSH J�a Attachments /?1 AGREEMENT 0 THIS AGREEMENT, entered into this day of 1983, by and between the CITY COUNCIL of -We—CM OF RANCHO— CUCAMONGA, CALIFORNIA, (hereinafter called •CITY% and the BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO. CALIFORNIA, acting as the Board of Supervisors of the San Bernardino County Flood Control District (hereafter called 'FL000 CONTROL DISTRICT'). WHEREAS, at this time CITY 1s considering the initiation of proceedings pursuant to the provision; of the 'Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements, together with appurtenance and appurtenant work, to serve and benefit an area known as and designated as ASSESSMENT DISTRICT NO 82 -2 (ALTA LOMA FLOOD CONTROL) hereinafter refarred to as the 'ASSESSMENT DISTRICT "; and, WHEREAS, the CITY proposes to act as the lead agency in the implementation of a project for design and construction of flood control improvements to be funded by the ASSESSMENT DISTRICT, and, WHEREAS, certain of the improvements. as hereinafter designated, upon their construction, will be owned, managed and controlled by the FLOOD CONTROL DISTRICT, and the remainder will be owned, managed and controlled by the CITY; and, WHEREAS, pursuant to the provisions of Section 10110 of the Streets and Highways Code of the State of California, CITY and FLOOD CONTROL DISTRICT are desirous of setting forth the terms, conditions and responsibilities of each relating to the works of improvement as proposed for the above- referenced ASSESSMENT DISTRICT; and, WHEREAS, the FLOOD CONTROL DISTRICT will obtain bids award, administer and provide inspection services for a Contract under which toe improvements will be constructed. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. CITY SHALL 1.1 Conduct proceedings and levy assessments pursuant to the provisions of the 'Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, and sell bonds pursuant to the provisions of the 'Improvement Bond Act of 1915' being Division 30 of said Code to fund the construction of various imp,ovements to flood control channels and basins in the Alta Loma area 1.2 Arrange and bear all costs for the preparation of plans, specifications and drawings and will obtain all rights -of -way necessary for construction of the proposed improvements /7(, T • including the relocation of all utilities and any other existing facilities which interfere with the Improvements. 1.3 Obtain the written concurrence of the FLOOD CONTROL DISTRICT in ail plans, specification and drawings. 1.4 Prior to award of a construction contract, deposit funds with the FLOOD CONTROL DISTRICT sufficient to cover the construction contract and the estimated cost of all services to be provided by the FIOOO CONTROL DISTRICT under this agreement. 1 5 Upon completion of construction of the improvements, own, operate and maintain all improvement constructed under this agreement except for the facilities set forth as FLOOD CONTROL DISTRICT responsibility under Section 2.6. SECTION 2 FLOOD CONTROL DISTRICT SHALL 2 1 Establish appropriate cost accounting and budgetary controls to provide for an accurate accounting of all project costs. 2 2 Deposit all funds received from the CITY In a separate interest bearing account. 2 3 Obtain bids and, upon concurrence of the CITY, award a contract • to the lowest responsible bidder for the construction of the improvements 2 4 Administer and provide construction engineering and inspection services for the construction contract 2 5 Obtain City Engineers approval prior to execution of any Contract Change Orders 2.6 Upon completion of construction of the improvements, Own, operate and maintain; A. Alta Loma Basins /1. 2 and 3 B. Alta Loma Storm D ^aln south of Alta Loma Basin t3 2.7 Within 90 days after the acceptance of the improvement from the contractor, provide to the CITY a preliminary accounting of the costs and return to CITY the remaining funds including Interest held by the FLOOD CONTROL DISTRICT after payment of all costs, provided, however, that the FLOOD CONTROL DISTRICT may retain funds it deems necessary to cover costs of any unresolved matters until such matters are concluded SECTION 3. IT IS MUTUALLY AGREED THAT 3.1 FLOOD CONTROL DISTRICT may withdraw as necessary from the funds deposited by the CITY as needed to pay for all costs of the Improvements including costs incurred prior to the execution of this agreement. 3.2 The costs of the improvements shad include, but shall not be limited to, the costs of construction, acquisition, engineering, administration, inspection and other services including a 13 percent general administrative overhead charge on all FLOOD CONTROL DISTRICT labor charges, except however, in no case shall total DISTRICT charges for construction contract administration, inspection, surveys and testing exceed the total amount shown in the final Engineers report without prior written approval from the CITY In the event that the improvement account becomes depleted, the city shall remain responsible to the District for all expenses of the work of improvement 3.3 No construction contract shall be awarded by FLOOD CONTROL DISTRICT until proper notification has been received from CITY to proceed, and that there has been a successful formation of the Assessment District to allow the funding of the improvements. 3.4 Tnis Agreement shalt become effective upon the formation of the Assessment District. 3.5 CITY and FLOOD CONTROL DISTRICT will enter into a separate maintenance agreement to specifically set forth the responsibilities of each agency as to the operation and maintenance of the Improvements. 3.6 Neither party to this Agreement nor officers nor, employees • thereof shall be responsible for any damage or liability occurring by re•ison of anything done or omitted to be done by the other party to the Agreement under or in connection with any work, authority or jurisdiction not delegated to the parties under this Agreement It Is also agreed that, pursuant to Government Code Section 895 4, each party shall fully indemnify and hold the other party harmless from any liability imposed for Injury (as defined by Government Code Section 810 8) occurring by reason of anything done or emitted to be done under or In connection with any work authority of jurisdiction under this Agreement CITY OF RANCHO CUCAMONGA By. KAYOR ATTEST: CITY C--ERK SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By: LMAMMAK Ur IHt MAKU Ur WFtKVLbUKb OF THE COUNTY OF SAM BERNADINO ACTING AS THE BOARD OF SUPERVISORS OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT _ t�8 Ll ORDER OF PROCEDURE CITY OF RANCND CUCANOAGA ASSESS,CNT DISTRICT NO 82.2 (ALTA LOMA FLOOD CONTROL OIANNEL) OVE OF PfETIAG• UANAAY Is. IaBa STAFF: General oreuntatlun of baundarles of Allessnent District CITY COUNCIL boot RMUTI(LR COVEAM Pa(LININMY OCTERI IRATION: Initiating Resolution for Assessment District Meteedlnas STAFF Presentation of Debt Rfoor[ ayswt to the orp•Islons of the 'SMCial Asses vent I0restlg1tlon, URltstlon AM Majority Protest kt of MT. CITY COUNCIL Adopt RESOLUTION OP40VIMf REPORT AND SETTING PUBLIC NEARING SSTAFF Present Engincer'S •Reoort' pursuant to the aaritlons of ' wnl. cloal Isoro,"ht Act of 1913 consisting of the fallowing 1 Plans 2 Soldficationf S Cost Estlate: e Assessment Roll S Asses scent Dl ..r am: CITY COUNCII Adopt RESOLUTION PASS,y, ON REPORT AND GETTi NO PUBLIC NEARING: Self oub11C hearina an 191) kt- Engineer -t 'Rmart• CITY COUNCIL boat OESety ON AU T.y)pt2l Mi SALE OF BONDS This oesolutian att'orlies the sale of npMs to IlnaMe the 1o;'G er emts. CITY COUNCIL B Tltlon. sova.e aM p tharite e,XUtlan of Agre",t between CfiI and NOMAD OF SUPERY.SORS rebtlmq to Lwne"Alo. etc , of flood Cantryl tnannel 1- 013,"nt W, -OSED SC-fl-'LE JINIIARY Ip, laps ADnat ALL 'NTaOOUCfORY 410 X41SOICTIORAL RESOLUTIOIS ON OOCEEDI•CS. AUTwORRE RIDDING ON ROCKS OF IMPROYf• PENr AND SALE O BONDS FEBRUARY 22. lags GTE FOR RECEIPT OF CCASTRUCTION BIDS PRIOR r0 PUBLIC PEARING MATE FOR RECEIPT OR BOND 8105 PARCH 2, 1484 PUBLIC REOING TO CONSIDER TRDERINO OF IpPAO9EPENTS OD CONFIRPATION IF ASSESWENT DISTRICT /79 ... 0 "SOLUTIONS N0. RESOLUTION OF THE CITY COUNCIL Is ME CITY OF RANCHO CUCAn0GA, CKIFtnr1A, COYERIW. RREL:eINIRY OETERS1,111ION An ORDERING, ME Cw EAARATION OF A REPORT ON SAID IMRROVENENT WEREAS, the CITY COUNCIL of the CITY OF RANCND CUCAWnGA, CALIFORNIA, Is C"Y"olatlrq the construction of certain public Sores of Irare,mot urea, eroceedlnaf conducted oursWnt to the - Nunlcloal Ieororer^tnt Act of 1411•, bean 01,1110, 12 of 'Ie Streets and Nllh.arf Cade of the State o' C111form.. In a sxclal 'Isetsmot district .'.. 4, . ASS(SSCIT DISTRICT 40 42.2 (ALTA LONA FLOOD CONTROL CHANNEL) (hereinafter referred to as the - Alsessr,e t Distract') ROW TNEAEFOIE, IT IS PEREIT RESOLVED AS FOLLC'.S: SECTION I That tot Cove recitals do all true rte correct SECTION 2 that certain owbllc was a, t -Ordu. want too,tndr With aoourtenancts and 1POwrtenant ,art I,ctud1n0 mo.illtloh where necessary. are VOmied to OR do., and Oat Wlthln the boundaries of tot Assessment District In connet- tldn therewith. It Is fauna two Ert""Afted of follows: A. IDtt the taectflc nature of the woaosed Worts of Imro,enent censlfH Of Ili the Wort as Shown on toe oromsed boundary "ID. as er"ldwsly ,:proved for this Asseflmnt District d Mat the Dcunaseles Of the IslesjYrt nistrict and in. lands and old- Parties WIthl. the Assess -ant District traoosed to Rt assessed to Gy the costs and "Centel of said 4FCCmed Works of hPrmenent are as I Sawn uoon a Sao of tot Altessront OIStr ICt Which v0 Nf Dee. Stolid. lore OCr0Ved and is do file With Pe trahtcriot of these WOcemines Said Na $LII yvern for 111 details of to the "tent of the a4llff- rent District SECTION I that tae statute ulcer Nlfh It If Yaaosed to Wnduct POce"Im, Is the -Sun' teal I,era,"It act Of 1911' o"no 0111310, 12 of tha Streets and 410W8,4 Cade 0' toe State of California With bends baamW to ON Ilwed AS autnorlied by the •Larorwnt Fond act of l9lt- blind OIvISICm IC of laid Code SECTION A Nat this Oroaoled I -or ,e-Se.t 14 Te,<..td to Pe ASSESSENT EVKEa +4 It here", 0001,Ne to orocure all IKell"Y infcrolt'Oh to V"Ve a ,edam do toe Voll"a I- Orovrmt m tot Nrner AM to, Ororidea for 1. Division A of the S:retti and "c' -Iyf Code of Pe State of California ins WSReclal Asses Y-ent Inv"t'lltiOn LI +Itatldn lg naiorlty Protest Act of 1031 - SECTIO4 S Treat this Resolution T\d Pt Report as ordered nereln are pirw"t to the orovlslons of Said Ow sw a SECTION A Not Said Retort oursmmt to 11r1011 A. mall ,,,a Attached to It a body F PIS Retatuticn 'cc, Its Slow', SECTION 'Sat toe Wont or I- erove-emt is Oroomtd to be co'strusted Local, these orOCeemnm, centrally Wrsllt cf Pe followl". L_ The cc" trust 1,1 of cert lln as lane 1-O,0,ewent s, tdeetmer with mount. n PWef Ip1ud1 12 but not llntted to PC Instulattah of concrete manna r actllt lea. b4. culvert IWOvOv"'tt c0l'S Msin c "llittoh 1M farthdah COns VwC[fOn, Includlna Caurtenant street Mat other, wart reaulred for laid I- Ora,"ot S. to . SO61al Islelswent 'IStrICt 1nuWo and deslMltb as ASSESS °ENT rySTRICT W. 012.1 LALTA LOSA FLOOD CONTROL CNNtELI .. rgo SECTION A Met tMf C"ne" doe{ hot At tntt tlre. Intend to NVe any contributl Or mortortatlOR Of fy dt tonard any of the costs AM uoenses of the Kris of Tmroroe eeent, As txorfded order these oroce Mlrgs, 8,4 all costs eM ansef relded As {hall oe flnenced thrm,m spclal A"i". rt" Ier1M edon hlrefited lards AM tlrcoertlet NtMn the thendartet of th! dlfefsxnt 07 {trio fe the Nn+, AM forty of eaten •aped by Ib. PASSED, APPROVED I'd ADOP`ED "'S dry of r eea IAYES NOES ABSENT ATTEST ET-.rEcr, — • _ �5f 0 C] RESOLUTION NO. RESOLurION OF THE CITY COmCIL OF THE CITY OF RANCHO CUCAM06A. CALIFORNIA. PASSIAZ ON THE 'DEPORT' OE THE EM,INEER, GIVING PRELIMINARY APPROVAL MO SMIMG A TIK uC PLACE FOR PUBLIC HEARING WEREAS. ine City COUNCIL of the CITY OF PANCHO COCARONGA, CALI'M41A. has I'stltuted r Prdceedln.•S for the COnst^uctlon of Certain o,blic Hers% Of f,r,o' ent " 4owte• I mantel mdef WOVISlent V the —010041 I•c o"It Act Of 1913' mind OilISJOH li of the Streets AM Mlanways Code 01 the State of California, In A toecial asses"Ht district Shown, am "Atonal" as ASSESS -KIT DISTRICT NO. P2•i MLTA LO-4 FLOCO CC41ROL OHMNELI (hereimfter referred to as the 'Assess.ent District'): AM, WEREAS, Pert has been ntoa -ed aM filed with Me City Cowell • WryfOrt' orOylded for In SectI,HS 10205 AM MCA of the Streets aM Niabeys Code of the State of Callfornb and this "Resort' has been c esented for Ca Sfderatlon: and, WEREAS, a aesolutlan of Intention /De this irero "Ht Has o erl0usly adaoted by the City Cowell and tre 'RfOJrt' N row ne%Mled shall stand AS the 'Reoon' for the Purpose of fubsfouent noceedlnas Htrewcer NOU. THEREFORE, It IS HERESY RESOLVED AS FOLLOWS: SECTION I That the AbOre rtclta4 bee all true aM correct SECTION 2. That the •Revert' of the Enainee' rIftr -M to hfrelnao0re I$ comsldered AdCOted ols4d uPQH. and :vellwlnarlly uorored, AS follows: A "It the 04ns aM 12Kif- CIt10n1 for the nOWSed Irn OrrYnt% to of ace. COnt410e0 In Slid ReOart• be AM they are "red, Orlil4l• madly motored aM Mosul: 9 IMt Pe Eratneer•s estl -ate of the Itnll j and total costs AM ea Oen Se% Of Slid Ka+lsltll.. ,nere nKeStary. aM Inlore4ntS. An, Of the 1MICNt" OOenses In COAH"tlOn therewith, Contained In Said 'Rtoort• be Inc NCH of Men Ire 'Arley orellwlnarity aoorored JM located C That in, CI A]raw Sb.l ^O Me as Sess'ent Msnlct referred to AN described In Sold Oesolutten of 'nteniten and aISO the kwd,riN And dl -e ^Stns of t•e •N.^eCtlre SnOdlrn Slons of land within Safe A1141sne n• Ol Strict IS t "e saw, e, Sted at IM tlwe of the DASS,ce Of SAID aesolutlan Of :ntentllm CKh of Nlth Subdivisions Half bten 01rtn A se]arlte ^V21r .0, ilia Sl a'Iryw. i1 COntalnN in aid Rf00•t- be A It IS RrfOy nellnMarlly COrcvfd AM Ad0011: I That the a,ccDSed a•sess'ent umn the several subdiwlsiods ef lard In Said AsstSs-ent wistrlrt In CrOChrtill to the esti -,t" benefits to be received by tlCN Swidlresjom% rescecllrfly. frOn Said KaultftioH I'd I -11c. Mtf erg of Me Incidental e,"e Iv thereCl as can. telned In $AM 'Marl• be AM Mel are " @rebr net lnl mayfly too. 1 rOrld aM KOOI to rhJt tht ^a0t lY. eale"Otlons Of t ^e IJMS AV elte-ents t0 be alulrtd AS COntiln" in Slid "nCrt• "t Ad tet saY are hereby OrNisinarllr lOnOyed F Mat Said 'eeacrt' shall Stand As Ma Enafret"S '%Kart' for the Du'Da Sf of all S'AS001"t na:ellndf NO Oursulr: t0 ta10 RNOIYt10n Of :nteHtio, �GZ 0= 1 0 SECTION S Irtli[CE 15 HEREBY OINEN TWAT " NED THE HC71R OF A 30 O'CLOCK P e., IN AT THE LION'S PARK C"U41TY CE411 COCAHOAOA. CA. MT AND ALL PERSONS AT 1 SECTION a That the Cite Clert IS "-toy directed To dive notice of sale Public Hearino or cauelno to ca tonso'cuouily MStM on all Men streets within the Assessrenl Olstrt.t not •O'e thin 300 UAL matt an each street so Posted. but not less than 7 In all Police of the :avaoe of t,e Resalu. Lion of Intention area of this Resolution, all In ccaraance with INS oroelslons of sale Division 17 SECTICA S. that the City rlert Is hereav directed to aeve notice of Said Public HtArIAO And of the aassade of the Resolution of Intention and this Peso. lutidn by QVslnd mn notice to be POitsned in accordance with section 4066 of the Cwven. -.ont Code to the nascaoer ytvioutly destonited u the nbloaoer fnr ell PubllOtlens IS required by law and as necessary far c"tetion of this Asses"ns District SECri UN P that l e City Clerk Is rereoe directed to Pail notice of said Public HCarina and the adootion of the Rrioluticn of Intertlan end of the fliim of the 'Retort' to III vffrscn o.nlns real crooerty Taaoted to Am atselsed nose n,,es and tlbreifls Ad"Ar on the last equalized rise -ent roll for City tees vrter :hereto r at snpn to $aid City Clerk, and to dl of", aerso s as V'lvited In accordance with the wo,islons of seld Ol rif ten 17 'EC"04 1 That the :Ity Cl vs •t re•ebr further arectH to file a cagy of the Praagsed cdundary -a0 In Pe Or•Iee of tfe County dacgrdtr within fifteen 1151 days of the Adoollon .'• t•e orox:ed boundary -ao laid boundary moo to be In tre Vnner ana 'C— as let 9rtn In nnllion 4.5 of the Streets ann Hlah.ays fare of Ve °-all P' to.lru ^u PASSED. aaea0N17, and ADG'E] tnn . sf . Icy AYES: %DES: ABSENT IATTEST l f L�-K_ /43 0 i 11 RESOLUTION NO. RFSOLUTICN OF THE CITY COUNCIL OF THE t ITY OF RANCHO CUCAMONW. CALIFORNIA A^PROVING A REPORT LMDER THE 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND PAJCAII TY PcOtEST ACT OF loll', MO rIAIW A rA1E OR HEAR; W :- EPCON WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CIXAJDIAA. CALIFORNIA, has by Rasolu- tl3n "del :e t• TV3 ^tlon Of a 'Reoort' Meer the >orlslons of the •SPeclal Auessrent InvestlRatlon, Limitation and Majority Protest Act of 1971', Wine DIYI- Alon a Of the Streets and Hluh.aYs Code of the State Of California. ralatln. to the construction of certain Nolte Hurls of Irgfol"N In a facial ASUSSrent district AnOat and asicnated a: ASSESSMENT DISTRICT M 82.2 VISTA LOVA FLOOD CONTROL OutNNELI thereinafter Hferred to at the 'eseaeLRnt Dletrlct -1: sold prkf Of JW,, ent Generally ascribed as folloWS The construction Of cert&tn Matnoce PCfo,",ts. tVAther With boYrtMM,, includlno. out not limited to the Installation of concrete channel facilities, bet QlMert IWoreNlnts, debris basin atava00n AN earthdct construction, includlno all adourtMant street M,J Other Hurt reoulred for aid bdrmM2nts, in a %will assesshe't district MmPn, 414 cesianated as ASSESSMENT DISTRICT NO. 82.2 (ALTA LO'A FLOOD f"7101. CHMNELI and. WHEREAS, Such "ICIOrt' has been WeaAred are su"Ittd to this Council NOW. THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: ( SECTION 1 Tat the So,,* reliefs Are true and comet 1 SEC -104 2 That the •Recort' s0 CTaOerd W Oraented be and the ire Is aooroved, ` Ord the fact and ate Of thtI corovaf shall be W eo orffd trern Me Slue - Reoert' shall be riled .Ith the tIMS1,1vt Of these c*0ceedlnos SEC'I01 7 THAT 'HIS CITY COUIC% Puts HEREBY 111 THE 2TN 0EAAY OF -ARCH 19M. AT THE HOWR OF I In n•CLOCK P M ;N THE CDIXIL CwIvIERS, CITY HALL. AS ME TIME 410 PLACE WHEN A HreRj1Y CN SAID 'REPORT' SMALL BE HELD TOE CITY CLICK WALL "IV! tO%CE CA 5110 HEARTY 9Y MAILI% A COPY OF THE NOTICE. COSrAGE PAEPAIn Tn AL, PERSONS M111% REAL PROPERTY WICM IS PROPOSED TO BE ASSESSED TO vat 91, Rear M "E C7S- OF YHE WCAK HOSE MMES, 41D ADDRESSES APPEJR rN '.r ,AS' EOUAC ZED Ai SESS4IT MLL AYAI.ABLE ON THE DATE THE 'REPCOT- WAS "'NRICED, A' -HE 4CRESS AS SHCSN ON SUCH ROLL. ALL IN WE w1NEP GVD Co- r AS Aon•p Orn rM 11 SAID DIVISION a Or ME STREETS AND HIiW.3 +t Cott he 'HE t•A •r ,F CALIFORNIA PASSED. APPROVEO and ADOP'EO this -ly Of 19" AYES NOES LABSENT ATTEST i IL V L r= y • RESOLUTION NO. RESOLUTION OF THE CITY CWNCIL OF THE CITY OR aMCHO CUCAMONU. CALIEm41A. AUTHORIZING THE SALE OF SPECIAL ASSESS - f6NT SCROS TO FINANCE IMPRUVE•E0TS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL Of the City Of RANCHO CUCIPONGA, CALIFORNIA, his Initiated Proceedings Pursuant to the tares aN Conditions Of the 'Municipal Ismovc,em Yt Of 1917', being DIYISIOI 10 of the Streets and Hichways Code of the State of CallfarMa, for the construction of Certain Public worts Of loor0linnt tooether With acourte- Mnets arM acgulSitinr, mere necessary, In a %mclal issess,ent district said %DeClal asies~t district krown AN Oectanit" at ASSESSMENT DISTRICT 40. 42-1 (ALTA LOMA FLOOD CONTROL CHANNEL) (hereinafter referred t0 as the 'Assetshent District -): am. WHEREAS. It has Dian further dettelle0d that Serlal DONS shall be issued to finance the costs aN emeroes of said 1¢rple -nth ark droteedings am said Oohs shall be ISSUID pursuant to the tens And Provisions 01 the - Iecrch"nt Sand Act of 1915', Deena Division 10 of the Streets aN MlghwAyS Code of the State of California: ark, WHEREAS, at this '.line this City Council Is Desirous of at Nrltj,d the sale of b"Ct to finance the works Of ty:10, Mt as orocoSed for this ASsearant District NOW, THEREFORE. IT IS HERESY RESOLVED AS FOLLOWS SECTION I Nit the Above recitals are all true and correct SC ^Oh 1 Nit the FNANCIAL C6NSULrA4T 1S pertly autnorited t0 solicit t proposal Of VCO0f IIS for the SAID If DONS for the ASSeSsYnt District `1,e 1 interett rate On said ec ^as Shan not weed the current legal Pair a, 111 rate of twelve percent III,) per annul Salo bands snail be Issued Pursul -t to the tent IN conditions Is Set forth In fme Resolution Of Intent:" as Cnvloully "Doted for these VOCeedi Ng SECTION 1. That this Oasalutlon is mooted Our% ant to the emS10,S Of Section 1`1602 of the Streets a ^d Mt nays COCe or the State of California. am It Is Iurtner dVKttd Slat all reld—n Na -IOnt r*little to the ale of PONS De Crelented to '."IS body nO later than the tine set For the Pub IIC MAlrIN on the -gedOft SN 1111te0 -allies aOr this Atsesflnt District SECTION A TNIt these .111 be OfO,Ided. at N e,pr•e to the bidder the abproviN Ild'i 0011101 of r - ACNENj,E Ve.N attorney a' Ll•, ettestlno to tha validity or In VOCee:INt aM t$ e-f0r tao,lity of the DOMS SECTION S. That durtllnt to the :TOv Is IOns 01 Sea n- 10600 S, It It Hereby dlter- elned that the bond, "'I case intefttt Hen tNtlr data, ark ins date of the DONS than Of A» IL " loos the list ay After recordation Of the 111115 ant let' end dladra +, vi Hr It later SECTION 6 Nit the 'NFGR•ATION F54 91niCaS relatma to tee Site Of Istearent bonds for the AtlesLYnt District Is eereby L- CrOVed. 'N For Turtle, ""c,,. tart nfererte IS -Ada to old VOA :01 FIR PIDOERS Package OR rile with tee Iranscelot Of tnese p,aceNnct The financial Consultant Is n Berer NtnOrlted t0 NYe 'rI.,r Mallic,tl "s AM re".tS RO the INFONYATION FOR SI00C9S ¢'Race in or- -f to Provide the best available InlpTation 0 to the Data ale tin 'ar the tale SECTION r that In the event 01 any dellnOwtRC1 In Ae 04sn"t Of Any Installrent Of An Iae"Nnt It 11 "Fehv COafninttd with the holder 01 the OOHS that this fits r0unC11 will Cause to to co'nnced aN thereafter diligently OFosetuted udl<al fOnCIOSun MOteealNS uron All dellnduent u10810 / 4�5' asfesmnts u00n the IP"Ific it's, tiros aM CONltfOni 4 the Uleolnq epcments set form In •ereby ordered Nat an relat lno so t, Sale at betas. It Inrntteatlon IN Init1•teo If turfhtr Nabh year t0 Oatenalne l As Soon AS WWI'. all taa OelfnOUtNIN On all Cr00ertles dthln OOUhoarl es of the above referente0 ASStsfeent Olstrct the PASSED. APPROVED, aM ADOPTED this ear or 1484 r ArES: NOES: ABSENT t ioAPLSE i ATTEST- w j r ,y i r Y� CITY OF RANCHO CUCAMONGA STAFF REPORT y January 18, 1980 LL C O i TO: City Manager and City Council 1977 t FROM: Robert A. Rizzo '. Assistant to the City Mamagar SUBJECT: Modification of ?ersonnel Rules and Regulations Pertaining to Definition of "Part -time" and "Regular part - time" Employee Classifications. From time to time it becomes nacebsary for the City Council to consider various modifications of the Personnel Rules and Regulations to reflect changes in our staffing levels. One of these such instances Is with specifically budget recognized part -time salaried positiono. Presently, this classification of employee is precluded from receiving fringe benefits (i,e., vacation, sick leave, health Insurance, and holiday pay). In order to provide proportional benefits to budget recognized part-time salaried positions, the following sections of the Personnel Rules and Regulations would reed to be revised. • 1.3 2 "Part -time Employee" 3.3 0 "Benefits" 11.3.2 "Sick Leave" It is significant to note with the proposed modification (below) to the personnel rules — "regular part -tics" employees would be paid for holdiaya, up to half of health insurance benefits, if requested, and half of the bonefits for vacation and sick leave. No other fringe benefits are to be provided; this includes retirement (PERS), which by lsw does not obligate public employers to pay retirement benefits for lams than full -time employees. If the City Council agrees with the modification of the Personnel Rules and Regulations, then the following should be approved to replace rule 1.3.2 and modify ,vies 3.3.0 and 3.3.2. 1.3.2 "Part -tier Employee" shall be an hourly wage earning employee who generally works lass than thirty -Trine -(-39) hours per '5itl1 weak. "Part -time employees" shall not be eligible to accrue or to utilize sick leave, holiday pay, vacation, health Insurance, retirement benefits, or any other employee A benefits. aC� Continued.... Modification of Personnel Rules -2- January 18, 1984 -Regular part -time emolosee" shall be a budget recognized+ ealarSeC lase position of than forty (40) hours per week and who is designated as such by the personnel officer. "Regular part -time" employees shall receive half (1/2) benefits, in that they shall accrue and may utilize sick leave and vacation at half (1/2) the gate of full -time employee commensurate with their tenure of employment. Such regular part -time employees shall receive half (1/2) compensation for all regular city holidays; the city shall pay for health insdrance benefits for such employees at half (1/2) the rate of full -time employees; however no retirement uenefitu shall accrue, nor shall retirement n" ?anta be made by the city for the account of any "regular part•time mployae." Such "part -time" and "regular part -time" employees may be eligible for in -range fay rate adJustmento as set out in these rules. Further Revisions: 3 3.0 The last paragraph, rat sentence of cola 3.3.0 shall be revised as follows: "Part -Lice, seasonal, relief, or temporary employees shell not be eligible to accrue or to utilize vacation. 3 3.2 Second paragraph, rule 3.3 2 shall be revised as follows: "Part -time, seasonal, relief, and temporary employees shall not be eligible to accrue or to utilize sick leave." RSC014=ITIOg: Staff recommends the City Council approve the proposed modification of the Personnel Rules and Regulations. RAR:mk /ea