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Home My WebLink About1986/04/02 - Agenda PacketG��CA,N�1 ; CITY OF RAMiO CL)CAMMUA K T CITY COUNCIL AGENI)k 1971 Liens Park Community Canter 9161 Base Line Road Rancho Cueaaaoga. California April 7- 1986 -,2j3j e.v. All items submitted for the City Cassell Agenda meat he is writing. The deadline Per submitting these items is 5:00 p.e. ms the Ydaudsy prior to the sleeting. the City Clark's Office receives all seek items. A. Pledge of Allegian:e to Tlag. B. Roll Calls Mlkels _. Buquel Ring Dahl _, and Vright _. C. Arproval of Minutes: Tahruary 13, 1981 A. Thursday, April 3. 1966 - 7:00 p.m. - BISTORIC PRESERVATION COMMICITC• - Liens Park Community Center. 9161 Ease Line Raad. B. Veduesday. April 9. 1966 - 7sC0 p.m. - PLANNING COMMISSION - Liens Put Community Canter. 9161 Base Line Road. C. Thursds). April 17. 1986 - 740 p.m. - PARR DEVELOPMENT COMMISSION - Lions Park Community Center, 9161 Rate Line Road. City Caor <il Keating -2- April 2. 1906 D. Thursday. April 24. 1966 -- 7:30 p.m. - ADVISORY COMMSION - Lions Part Comnity Canter. 9161 Bass Line Road. R. Presentation of the 1966 Spring Clem Sweep Poster Contest Vinne -.s and amotocassnt of mpeoaing clam wasp campaign events on Saturday. April 12. 1986. ]. ester �1r.�nat The following Consent Calendar creme era expected to be routiae and nee- contrwarafal. Tiay will be acted epon by the Council at sea time without dismaLse. A. Approval of Vammts. Inlet" Rome. 4 -2 -86 and Payroll ) ending 3 -20-86 for the total amount of 01.570.220.64. S. Alcoholic Beverage Application Ro. AS 86 -04 for 0e -Gale 6 Beer 6 Vino Rating Place License. Bramaict Corporation. Located on Seven. 1056 feet north of Foothill Borlevard and 1584 fast scutb of Churcb Street. C. Receive Claim (CL86 -16) against the City by Allstate 7 Insurance for antosobil• damage on Arebibald /Peron. D. Approval of Tract lap. Imptovemaat Agvoamant, 9 Improvemeat Security and Coadescitiou Agraaoust (CO 86 -21) far Freer. No. 1]1]1 (D.R. 85-17) located at the northeast corner of Arms Route and Vineyard Avenue submitted by Robertson bona, a division of Camil Corporation. Risairnag No. 86 -77 32 A RESOLUTION OF TSB CITr COUNCIL OF IBS CITY OF PANCRO COCAM03CA. CALIFORNIA, LIFIATIN0 TNPRO RUINT AORBDMT. INPR071VAT SZCORITr. CONDDNIATION ACNBD®T AND FINAL g<.. OF It= ■0. 131]1 B. Approval of Professional Services Agress:nt (CO 05 -22) 33 with Norris- Repta. Inc. for the street lvaluitios study and final cone- ruction documents for the rabobilltatioc for various local City strestsa Ramous Avesua fees Rampabira St. to Foothill Rlvd.1 X, a Aveare frog Devon 8t. Pampebire St.; Borgandy Avenge from Devoe St. to Nampsbire St.; Valvan Avenue from Devon Bt. to 4sOabira St.. Devon Street from Archibald Ave. cc Raw" Ave. Contract ssoaet is 119.350 p1.us POI contingencies to be famded from Bysteo Developerat. Ci7 Council meeting -3- April 2. 1986 r. Approval of Professional Services Agreement (CO 86 -23) 49 with Ricbard Willa Associates far the preparation of roils convection m" wterials teetimg for the Ttrosr A.essa Improvement Trojan sad the Numb Town nags Ir Invrcwtmmt Project for na amount of $4,345.00 to ba funded from MUD and Gas Ism Feeds. O. Approval of rrofesaiaaal services lgresmeat (CO 46 -24) 77 with seats. srndis A sense, Inc, for tie perforouaca of rrofessLoeal services with respect to eoestrwetion management, inspection and stah(sg for Worth Tavm - rbesn It and Inner tveane Impraeaesat pasjerts for the amoant of 532.000.00 to be funded it" 107D awes One Sus rssde. L Approval to ward 4sidntial street Sehab)litmtfw 93 1985 -86 rbase i project Contract (CO 86 -25) to Z.F.S. Services :atorparsted, the lancet. reeposmible bidder for the amount of $38; If :0. I. Approval to werd Wartb *I4 of rgnhill Rovlward 95 (Chico .Allay) Contract (CO s3 -26) to DtArmcad Comccrurelos. Invest, respoesible bidder, for tie Manuel ti 03.647.97. J. Approval of we Agraemest (CO 86 -27) batwess the Cities 97 of Reecho Cntaaomge. Upland ad Ontario for ep.Lsirg of a proposed storm drain pats on Grove Aram.. Ramcbo Cacamoega's conrribstioa :s this project will be 529.416.00. R. Women of sonde end Notice of Completion 106 and raithfal rertormeace so" (Road) '66.900.00 SISOLOTION NO. 06 -78 108 16 REMOTION Or TAS CITT COUNCIL air TE MY Or RMCao CUCAM^ CA, CALM MU, AC=MVG TM MLIC IMROWDUWn TOR TAACT 9472 AND AVTSORUISC TIES nL17G Or A NoIICS m COM MON FOR TS Ton mossratation goad $ 1,700.00 City Council M%&ting -A- April 2, 1986 L. Apptocrl of Professional Snrvices Agreement (CO 86 -28) 109 with DAYS Systuu to prepare facility needs study and cvalnatiom of City Corporation Yard. Contract 3ba11 not exceed $9,738.00 to be funded from System Development. M. Approval of Frofessicaal Services Agrecwat (CO 96 -29) 1 ?3 with L. D. [ins, Inc.. for the design of eater -Arrow Storm .rain in Baker Avenue between Foothill Blvd. and Arrow Brute and in Arrow Routs between Baker Avenue sod CDCanonga Creek Channel and for Struat Menial and Reconstruction of Baker Avenue between V-vtbill Blvd. and 8th Street and Arrow goats, between Baler Avenue and the Cucamonga Creek Channel. Contract smomot of $75.500.10 plus 102 cootietencies to cow from Systems Development fucds. N. Approval of acceptance of Utica Storm Drain AD E2-1 141 from Y"rtb Street to Sixth Street ae coawlate and authorLmLog the filing of a Sotice of Completion. 941 swes Fratbful performance loud $313.859.00 Retention $ 32,516.57 SMOLOTION 20. 86 -79 143 A ROSOLOTION OF THE CITY COUNCIL OF TeI CITY OF UICHO COCABdCA, CALIFORNIA. ACCLrTIlG TNB l9ILIC IMFROTZMIS FOR, UTICA MO106 SIM DRAIN AD 92 -1 AND AUTHORIZING Tp3 FILING OF A Marict OF COMPLITIOO YON. THE ROB- - 0. Approval of acceptance of Alta Loma Store Drain (AD 144 84-2) Improvements as complete and authorizing the filing of a Notice of Completion for the work. Releases Faithful Performance good $1.928.190.00 Retention $ 98,002.11 RIIOLOTION 10. 86 -90 146 A LBOLUYIOH OF INK CITY CWMCIL OF In CITY OF RANCHO CUCAMONGA. CALIFORNIA. ACCIFTIMG INS PUBLIC IMf10►OODiT5 FOR ALTA LOHA STORM DRAIN (AD 84-2) AND AUTHORIZING III FILICC OF A NOrICB OF COMMON FOR Tag HON[ N City Council Meeting -I- April 2, 1986 P. Approval of Lien Agreement (CO 06 -30) between Lester A. 147 Davies and Rebecca A. Davies and the City of Rancho CYCa01009a for street frontage iaprovemects at 6239 Archibald Avenue. YESOLUTION 90. 86 -81 155 A X=SOLOTION 07 TIM CIrV COUNCIL OF TEN CITY OF RANCIIN CUCAMONGA, CALIFORNIA, ACCRttIDG A LIEN AGUIL490T FROM LESTER A. AND REBECCA A. DAVIES AND AUIHORIIING TOR MATIR AND CITY CLINE TO $ICE SAM2 Q. Approval of Lisa Agreement (CO 86 -31) between lay A. 156 Jonas and Be" L. Jones and the City of Rancho Cucamaga for street frontage isproveoents at 9760 Lamar Avenue. RESOLUTION 10. 66 -E2 164 A RESOLUTION OF TER CITY COUNCIL OF TER CITY OF RANCHO CUCAMONGA, CALIFORNIA. Acarrin A LIM ASEREMIDT FROM RAY A. JONES AND NANCY L. JONES AND AUTHORIZING YEN MAYOR AND CITY CLERK TO SIGN SANE R. Approval of Lion Agreamat (CO 86 -32) between Ricky P. 165 Millar and Jesans M. Millar and the City of Rancho Cucamonga for strut frontage iaprovemats at 9780 Leann Avenue. RESOLUTION 10. 86 -83 173 A RESOLUTION OF THE CITY COUNCIL OF TER CITY OF RANCHO C3CAMONGA. CALIFORNIA. ACCEPTING A LIMN AGREEMENT FROM RICKY P. MILLER AND JZANVA M. MILLER AND AUTHORIZIDG IRE MAYOR AND CITY CLERK TO SIC-7 HARK S. Approval of hreal Map 8902 located on the southeast 174 corner of gas Bernardino Road and Grove Avenue euba tied by Robert Kirsbbaua. RESOLUTION 10. 86 -64 176 A RESOLUTION Or IRE CITY COUNCIL OF TEN CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING PARCEL MAP NUMBER 8902 T. Approval of ?steel Map 8763 located north of 6th 177 Strut, vast of Old Rochester subadtted by Rochester Tra,ma7 North, Llaited. 1 q City Council Meeting -6- April 2. 1966 RESOLITIOR E0. 66 -85 179 A RESOLUTION OF THE CITT COUNCIL OF THE CITT OF ]LANCED CUCAMONGA, CALIFORNIA. APPROVING PARCEL MAP NUMBER 8763 U. Approval of Improvement Extausicu Agreements and 180 Improvement Security for Tcact Noe. 9441 and 11609 located on V1laon Avenue, vast of Bermes& Avenue submitted b7 Cxiamer Davolopmeut Corp. RESOLUTION No. 86 -86 183 A REVOLUTIOR OF T9E CITY COUNCIL OF TEN CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING IMPROVEMENT ZXTENSION ACRBOWT AND IM:lOVEMENT BEGURITL - FOR TRACT NOB. 9441 AND 11609 V. Approval of Improvement Extension Agreementa aid 184 Improvarnt Security for Tract Ron. 11781 and 11625 located on northwest cornac of 19th 8t. and Renoea Ave. RFTOLOTICN 10. 86 -81 107 A RESOLUTION OF THE CITI GCDNCIL OF TO CITY OY iWCHO CUCAMONGA. CALITGRSIA, AVP1C -rSG IMPHO3MINT 8273110ION AGREEMENT AND IMPROVEN37T BECUNITISS FOR TACT MOS. 11781 AaD 11625 V. Approval of Igrovemnnt Lire.meat and Improvement 188 Security for D. R. 15-32 located in Tract 12176, Lot 9, on the nn_theset corcer of Civic Center Drive aad Utica Avenue. REVOLUTION 90. 86 -88 193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF cacao CUCAMONGA. CALIFORNIA APPROVING IMPROVEMENT AGREEMENT AND IIQROVEOST SECURITY FOR D. R. 85-32 R. Approval of Final Map, Improvement Agreement and 194 Improvement Security for Parcel Map 9301 located on the east old* of Raven Avenue, South of Arrow Route. ;t City Council Meeting -7- RES011UTION NO. 36 -89 A RESOLUTION CIF THE CITY COUNCIL OF THE CITY OF RASCRO CUCLWNQA. CALIFORNIA. APPROIIEL PARCEL MAP 9:ID1, IMPROVEMENT AGREONOT AND IMROTQ®I SR:UIIV T. Approval of Eevircumental Assessment and General Plan Amadment 86 -0L - Sawdus. A request to amesd the Lacd Use Map of tho General Plan from Low Deusity Residential (2-4 du /ac) to Low Medina Density Residential (4 -8 d.&/ac) for 13.55 acres of ION J located on the touch side of Paton Boulevard. east of Archibald - APB 209 -055 -02. 93. 14. (Coetinud from March 20. 1985 watiag.) 1I80LUZZ'" E0. 85.69 A RESOLUTION OF TO CITY CJ L.% OF IPA CI7T 07 EANCRO CYCAMONCA. C1.17OVIA. APrAOTINC GENERAL PLAN AMENDMENT 96 -01A - Wilt= 1EQ018TING NN AMENDMENT TO Tn uv USE ELEMENT OF 113 GUM= PLAT FROM LW DENSITT RESIDENTIAL 12-4 DU /AC) TO LOU MUDIUM DENSl11 RESIDENTIAL :4 -8 DO/AC) FOR 13.55 ACRES OF LAND LOCATE) JN PERON BOULEVARD EAST OP A1CRIEALD - .1PT 209-05502. 03 4 14 Z. Approval to ward courract (CO 86 -33) for preliminary demolition servic-es at Because Tack. in the amount of $9.500.00 to 1D »ter A Butts. Inc. Fending provided through Cho Psrk Jnnlopmest Punt. AA. Bet public bear(ab - April 16. 1986 - Final Commouity Devalopseat Block Grant 8tatewat of C0.1ty Objectines. Ap-it 2. 1986 201 202 214 2I5 a, a _ k s L7 City Council Mastiog -8- April 2. 1986 n. ; . A. gwoursS t0 n2Rcucl yel0[inL FOR Por►AI c.wynu 2i4 Pr.fw 1EPIU . ' .D , JaW.Ffil W.I. .1. —.1 A. AN 0lDYYANC[_ AML I SE [awSA cO 1wOmG IaR�/•YPif. GODR___PESAT.IRG SO t[[ OR[ .wp SAIT O► RAT[ L7� Rm ill�lOtzi - Consideration of amendments to the City's Fireworks Ordinance as directed by the City Council and proposed by the Rancho Cucasnoga Fireworks Sass Forts. ORDINANCE NO. 78-8 (second reeding) 228 AN ORDINANCE OF THE CITY COUNCIL OF IRE CITY OF RANGED CUCAMONGA. CALIFORNIA. A=DDG SECTIONS 8.12.020, 8.12.030, 8.12.050.C.. 8.12.190 AND ADDING BECIIONS 8.12.200 AN3 8.12.210 TO CHAPTER 8.12 OF TITLE 8 07 TRI RAEC80 CUCAMONGA MUNICIPAL CODE. SKATING It) FIRhVORKS E. AN 010x, s[ce A MEG rme RJACM CUrAXQMC, XWXLr& 231 CODE PE1t1ialNG re C1mIT F01 }RYP1r1 OPO ZPArm ACAn1t is r0ltin rmer mmYCana neP[RIM - T_is proposed amendsnnt wowld further defiue the standard, for private opu space mad prowide a broader availability of opportunity for open spate. (Continued from December ld. 1985 meeting.) ORDINANCE NO. 1050 (first teadicg) 234 AN ORDINANCE OF IRE CITY COUNCIL OF IRE CITY OF THE CITY Or RANCHO QCAMONCA. CALIFORNIA. AMRNDMC SUBSECTION B Or SECfI01 16.32.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RdLATI99 TO PARE AND 19CRIL71OHAL LAND D[DICAIICB RRQCIA1D=T8 City Council [eating -9- April 2. 1986 dons SUBMITTED A. R1MM Fee m+rr M oa Asarc.MS:• VI.;Tr= D6 -I - 236 CoaaCLl is requested by uuarroas property ovoevs to initiate and fors as assassmeat 4i3trict for tbm constractios of store drains ie the area eas t of raven Avenue froe tbo Statham Tacific railroad to Banyan Avwaa. Lards iscluaed in the proposed Distvitt are tarxastly undeveloped But subject to varioaa development proposals. RRSCLCTION 20. 86 -90 238 A RESOLUTION Or TEF CITT COCIC31 OF TRE CITY OF RANCOU CUCANONCA. CALIFORNIA. MALIBS DEYICtAnC1S AND APPOINTMENTS TO rULTILL uspONSIBILITIEN ABD PEtnm DOTI6q Fog SPECIAL ASSESSMENT PROCEEDINGS (ASSZS9MT DISTRICT N0. 80 -1) RESOLUTION NO. 86 -91 240 A RLIOLUTION OF TEN CITE COUNCIL OF TEN CITY 07 RANCBO COCAMMA. CALIFOrNIA. SWWM TRE ZENERAL NATURE. LOCATIW AND ZXMT of CQTADI PUBLIC VOWS ABD IMPROTY -MATS AND SOURING THE PROPOSED BOUEDARIH or IRE Ain TO /r ASSCSSID TdENIIOr WZ01MLT DISTRICT 10. 56 -1) RWOLCTION 20. 86 -92 242 A XVOLUIION OF TDX CITY COUECIL OF TRE CITY OF XUCr0 COCAM:VCA, CALI70WL. HARING FINDINGS AND DLTIRMIdATIONS Mn SUCTION 2804 OF TRE STRZBTN AND t1CtVATd COD[ (ASSESSMENT DISUZCr t0. 6 -1) City Council MaatioE -10- April 2. 1956 RESOLUTION 70. 16 -93 244 A RESOLUTION OF THE CITT COUNCIL Or THE CITT 07 RAUCRO CUCdMONOA. CALIPOESIA. ;ECLAIIPC INTENTION TO ORDER TRY CONSTRUCTION OF CERTAIN IMPROYMNITS IOCETHZR VIla AMITIMANCIS IN A PROPOSED A- °SESSMUT DISTRICT PURSUANT TO THE PROVISIONS OF IRE aMORICIPAL IMIOVEhpT ACT Or 1917 "; DSCLARINC IRE WORE TO RE Or MOIE TUN LOCAL OR ORDINARY SMFIT; DISCRIISIC TES DISTRICT TO BE ASSESSED IO PAT THE COSTS AID EXPENSES TRERE07; AND PROVID13G FOR TEE ISSUANCE Or BONDS (ASSESSMENT DISTRICT 30. 86 -1) 041004a -, ..' M• • Ij 14 $ �'1: 6 �I• 11 ••I .NON 1. Co 2 CAL aa. CaVla. And Cod• aP Coacher - Mayor Xing tad Mayor Pro Tam Dahl. 2. 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P r>zzmm »Y >a�Q� n>Yi :ir aQan�X u.Fr iz T�- Or<y< wS <P< >N^ �O/i� rl!�Smrnnn« 11�� wPrr aarT2rPTPT naiMH >•OSZSapDDD�a P'n Py.>sa n «r, nu -u PQP>P w>� crr «a <OmLDD cu <s i O zi>s>z2 w ryro0 O «r Ti�Z2yE T�mM�>yyT r >Pwn yyCPCOT«w i O (� ZY_222 <N > >y aymFN Oa Oaf............... 0 >O >_ >Oy >•• >000 <ONN p•T > GSIIEbbw02r90ww} m mPO�am222 IPw °CrnO)N «f oOOyypir �yaC �Cw« NiyPO MOnO r >nnQ r E ((�� 2 I 9 rnn^ a rT < < «>Y�mm «PnS fl «N« > m000 OP D n yPO. m4 ern rsz °s z•` n o rN- m `bz. n n z � w 4 <.ui! +ai ^p l�a...ui o iR.u. sTmui.vzdir a n ^�� u «yEF rPna7.. uT wnnn zs�mtC nNrn an nnww nn n•u nnn nnna"ion N.wizn zoo <P POi�nuP �P «P�n �« JQn « �, rma ma -x zi irizi En i , r �J I J Nl �i ,I ' s s • I f 0 G� i„ Mi E j r.w.ww .M re�wn �w�Y r�+MrdlliYS 1.'yr vY i ir.Y�e rrr�r r R U r��.rwr..r rs rM N 1MUtli r;wv* nup N OYY S~ ;�, n d. W" ONNINAc a Kaa �.�..u..ae. a iy.er � J_� -- arwrs+wwnmd Irf ® I RrO w { ULM= C..W w rr �- .Jllytf.11li�. �r�. r�r .�rrr�rrwrrrr��wsr��...rww.. w�rrrwrr w�_`r ��w wwyr.�w. r.�rr�rr rim... '; Wd a4U."0., SA...rrn.. AMMWA M it vvm M f q F.. i I� r .terry '; Wd a4U."0., SA...rrn.. AMMWA M it vvm M f q F.. r Ah1. Clair far death, 13jory to Parton, or to personal property wt be riled no later thao 100 days after Me occurrence (Gov. Code, 300. 911.2). 2. Claim for dampo to real property mist be filed no later tbm 1 year the ooeurronee (Gov. Cede, 3.0. 911.2). M MY a an= Cocrwa m a o w s ad• TO - �7�� ,��c_, �. 57'a.� L ddnss WiS ch LPL leant wL:coo nettles es tW did damp or injury oeeuey /!� -:mil t did dare or injury osoury tjl,rutLA lltlrs� tilt and uader chat o1m. unstances did damp or ie)wy oaevr VW particular action by the City, or Its •*hyena, Caused the alleged damge or injury? (Include canoe of mployees, if know). tit! sun do you claw laolude the estinatad scant or any prospective loss, insofar as it my be Imovn at the tine or the preamtation or this claim, together with the basis or cosputation or the astcnt olaised. (Anton estimtes or hills, it possible).. }�( Ala 74 CT g - S. Total dmamt Cleland: MM and addresses or witmsms, dootore, end bogitaL: Hate ' slpswr• ,� e 303(070-ACM —' i TN Dtict B YNC'AAri J Vilt51W1A PMC SWPPsI* GiWRAL CONl4W4L- d'u .� �ia+c�vi.ClortR AI41Y30 ' la'W "IOKTN of' IYKT,414" Coaat4 Of ��MIiGAIM1I . NAVRM AUL.C�"r'W��a. w .y Gtwa�At. twa1.4 tiwea�. t a�wreelt: Abtlw -r Arpai �Am 7 i%AUMi ' Q RVD Gwrdol. Arr i SH'I'N a 6l1►A�AI tGIMwRGAt ' EASY 7k&M iAIM Ii4Wpj;4K C4►W {rQM6i faa Cc" -60-m I CDPt*Wat/c- I I :p 30 P p t z On Monday, 1/13/86, I was attamptinf to leave the offices of Cucamonga ' i School District in m�, auto to go to Rancho Cucamonga Jr. High to perform N function; as school psychologist. Archibald Ave. was torn up and under construction; :he I two southbound loose were completely torn up and barricaded with widely spaced i cases. There was no clear means of entry,or exit from, my place of businecc or ' any other business on the west aide of Archibald. In my attempts to carefully get bock into traffic (South) and then turn East onto Faxon when traffic appeared cear }-i both directions, I was a truck by an auto moving South resulting In damege to both iehiclea. Ed Witham, Deputy Sheriff (SR County) acknowledged that 'I there was no alternate route I could have taken and that the area van dangerous. He, in fact, informed me that there had been another accident about 25 minutes prior to ours, in the Sane area, resulting in injuries# The construction contractors employed by the City of Rancho Cucamonga were neglgent in marking, and making safe, entrances/ exits to and from places of business an the West side of Archibald at that time. i N CITY OF 1LU4CHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: City Council and City Manager FROM: Lloyd d. Hubbs, City Engineer SUBJECT: Approval of Improvement Alreement, Improvement Security and Condemnation Agreement for Tract no. 13131 (D. R. 85-17) located at the northeast corner of Arrow Route and Vineyard Avenue submitted by Robertson limes, a division of Catwil Corporation Tentative Tract Mo. 13131 was approved by the Planning Commission on October 9, 1985, for the division of 11.71 acres into 1 lots in the Medina Residential Development District located at thn mrtheast corner of Arrow Route ani Vineyard Avenue. The Developer, Robertson Homes, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: !172,000.00 Labor and Material Bond: S 86,250.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Mater District. C.C.LR.s have also been approved by the City Attorney. Condemnation Agreement As Council is aware, as a condition of approval of the subject tract, the Planning Ca®issin required acquisition of rights- of-way and improvement of Vineyard Avenue and Am*ow Route of two out parcels surrounded by the project. Due to recent successful negotiations, Robertson Homes was able to obtain all necessary rights -of -way along Vineyard Avenue but have failed to reach agreement with owners of property on Prrow Route. In order to meet the Planning Commission requirements, it is 'necessary that Council enter an agreement with the developer stipulating that in the event thit negotiation fail, the Council will exercise its rights of eminent domain :o obtain the property. Atterthed for Council execution is an 'Agreement Respecting the Acquisition of Cerisin Real Property. This Agreement stipulates that if negotiations fail within 40 days of execution of the contract, the City will 9 CITY COMCIL STAFF REPORT Approval of Improvement Agreement, Improvement Security and Condemnation Agreement for Tract No. 13131 April 2, 1786 Page 2 proceed to condemn the needed property at the developer's expense. In the event that severance damages are such that it is mutually agreeable to the developer and the City to acquire the entire parcel, then the developer agrees to take title to the remainder parce7 and incorporate the property into his project. REME1 nom It is recommended that the City Council adopt the attached resolution approving Tract Hu. 13131, accepting Improvement Agreement and Improvement Security anJ the Agreement Respecting the A'Auisitien of Certain Real ProTerty and authorizing the Ilayor and City Clerk to sign said agreements and to cause said map to record. Res submit ed. L .fill. a Attachments WO -2 - , . I - 40�1 LA - Ctrl Of RARCHO tutdrOdGA I:IrROTERE HT AGREIAEDt FOR Tract 15171 aadI And #nt: ALL MEN fe T CO.foen C,lf(et Sites T too o�o.liloni eot`:ei a olicaelen HAD s•t Of ems State of Cal lforn u. and Of the lD011ubit Or0lmsn. of of the City of Atecie Cucamonga, Ca l lfornla, a munlCltal corporation, by and bet told City. Rafeloafter I&/pred t: as the City 'Ad Roasts." unman A Division or eltw11 OKD• Oorelna tIT refor7 lea ao js too lOf lops!, WITIESSETH: THAT. WHEREAS, Bald 01101406, 6eslns t0 develop Certain rut pr.Oert7 le HIa Cllr as to ern o4 the conditionally Approved sm601 11 an snore as Tract 1!111 1 And to bt sot Hof Esaid `Cove loon, hoe prerequisite `to `iyrro: &l Of lain twbdlrls/0n 9oe.ral ly IOCated it ?he nortlu.st corerr or /lfev Vt. area yin!rard A... ... THEREFORE. Is Is hereby agreed by said City and by said 01v01 o /e. as fall*.$: !;.:,,Th. s uOInte all Drag eat adescribeG ne► gee 6`here. at of vlenle 1414 soot nt Iron See effecti4 4111 etrt*f resolution of is the co! cilnll OObe sald `[City n Approving of this age eeme.t. This asret.ent shall be In default an the 6p foltor- 1.g the first 80nlrars4ry data of amid approval veless an oaten. sloe of ties has Dines granted b/ tad Clty as hertleaflor Drovid- .d 1. The Developer may request rn extension of tine to Con Dlatt the terms esryof Such request full be submitted to the city to writing net less thin SO days before W uelratlen *A tf b" t" sea shall contain ! StAttatnt of $!ream$! lace$ eecttsitltiflg the utsnslon of time The City than b.rf the !!tent t* rlvtev the provisions of this ogre utet, including the constriction Standards. cost estlaatg, aed Iaproramut stcarlty, led to require adjustments [earth If say samstamtiat chugs bat OCCOr red during the term hereof t If the 00.01aptr falls Or neglects to comply with Ste provisions o1 t. s ayrecant, the City shall base the right at sal tin t. clams uld prCrlsfors to be not by any lawful meant, aed ehtrltlDan LLOHI from tea Developer lea /ar 011 surety I /m11 Colt ae6 upanSe 1sCn ryes S. The Developer shall Dravida metered water Service to each let of sale development in ¢Cordance win te1 ru lAtlonf, schl6ntms, and fees of the Cucamonga County Wathr Olstrft9at, ulOUtl04. ore removals mfr any Itemsonnl oaf ian� faIrrigation `watt, $)Stu Ie eoeJllet with conttruc elan Of .2C0lred Improvements t* tee tea "Action of in* City Enginter And lye *WAIT Of such water tJat:a. -1. 1007 Cooley Dr. De*. 107 Colton, b 91114 /a r 7. I%provtmtats requlrtd to be censtructtd chill tonfore to the Standard Oravingc ne Standard Specifications of to City, and to the Improvement plan sonroved by and an fill in tee cif l ca of the City Engineer. Said leorovements art tabulated on the Construction And Bond Estimate, hereby lacorporated on Vag* 6 berfof. as tattn from tht improvement plans listed thereon by au abor The 0erolopor &bell also be responsible for censtrec. lien of any transitions or Other Incidental %art beyond the tract boaadar`es as needed for Suety sad proper s,rf,cl drainage. Errors or ommHS %mm% discovered during c>astrvctln shall bt corracted upon the dlrectlOn of the City Engineer, tallied wort due to said plan odlHCatfan% ihslI be covered by the provisions of %Alt a0retmans and secured by the surety covering the original planned wort i. a. COSItPuCtlan permits shill to obtained by the oevtleper from the office Of the City Engineer prior to start or vory all rtgalsttnns listed thereon shall be observed, with attenHOs given to Ilfety procedures, control of dart, not u, Or other nviiance t0 the area, and to proper notif lcatlon of &&. lc Millis and City Oepartsentt [allure to cosplr with this section shall be abject to ere penalties provided therefor. q. fhe OerelOper shall be retponsible for rtmoval of all loose rocks and Other debris tram puic rights -Of -lay wItbin or adjoining raid development re bl I Vltlnq from work relative to maid denlopment dill ut110 Yost done within ,listing strait% $hilt be 9 y pursued to complttlon; the City Shall hall tie right to ;social% any and all wort rq IIrI :sent Of Vnjvttll ted dfJ a7 1n emmpletlo n, and to recover all ce tt and upon%! incurred from the Oeve lopar and /or his contractor by any lawful atsef. 11 Said On•loper shell at all times fog loving dedfu- tlol of the streets mad masmmrnts In said subldivlslon, Op to the comptetlOn and aetODtancl r' said work or Improtmmant by ulr. Cats Ceuncll, glee good and adeouato warning to travel fnq Oto lc of each and Ivory dangerous condition en1%tent In Said itrgt or eesuul, and will protert the traveling public from such defective or dangerous eeeditlons. O honlll the coaotellon of ail loprovtmmmts, herein incorporated an e 6 , to be performed, O¢h Of laid strtd[s not accepted as improvements shall be under the charge of said 00veloper. Said 00111Oplr may close all or a portion of any Strut subject t0 the conditions contalntd In a tempirory street Closure permit, issued oy the City En Inter, when,,,- it Is necessary to protect the cu b 11 during tge conttructfon of the Improvements ,:rein agreed to ft made :7 parkway trtes required to be planted shall be planted by the Developer after Other Improver.ent or[, grading mad t111nnp his been completed, Floating &halt be. as Drool dad IF Ordlnante In actordanp With the gland.? diagram :aDDro up by the city community Ot,elo point 0lru for ht DfrelOper shall be responsible for saint alnleq all tree Planted In good h,al;h until the end of the uratract ma lnlf "ante period, or far oat year aftt planting, vh 9cbesar Is late I the OerNeper It nspon&Iblt for muting 1&t!bII*hR a uting all condf. 0y the CIV pprswat to th, snbdfr isloe 13 .2. and ep Inprasesent security p•ovfded herellwlth shall be released before Such aeceotance unless otherwise provided +nd authorized by tua city Ceanr•1 of the City la This agraccent shall not terninate Sash the 2118t1eeace guarantee security herslaafttr dascribee has been released by the City. Or tntll a es• agreement t➢gmther %tit, the required IwerOVement facprity has been tubettted to the City by a SOCCOSSOr to the Aerate nomad, and Oy resolution of the City Council same has Otrn accepted, and this agreement and the Improvement stcurtey therefor has been released. 15. The Improvement security to be furnished by the OPrelOpar with this agreement shall consist of the following sea qh a 11 be Ia A form acceptable by the City Attornyl A. TO secure faithful performance of this agreement. 1. A bond or banal by age or more dolt' awlhariaed Corporate sureties In the form and content Speclflei by Government Code Stctlan 66699.1. 2. An Improvement Security instrument In the form 1. Am degotlt with Specified he City of .money or negotiable bonds Of the kind approved for securing mapa{Ita pf Da blic .Coles. I To secure h0oren and uterialmenc 1. A bo.d or bonds by ale Or more duly authorized corporate safeties In the form and content specified by Government Code Section 66499.2 2 An Improvement SeCurltf Instrument in %Go form and content sseetfled bs the City Attorney. 5 A deposit with City of .easy or mega Vrble bolds of the kind approved for securing C A Cash deposit with the City to gwaraatta pymort by the Developer to the engineer Or surveyor whose certificate Sellers UP*$ the final Map for the settlnp of all boundary, lot corner, And street Oeeteelloe monuments and far furnishing centerline tie nCtes to the City. The ememnt of tot deposit 087 be any amount certified by the engineer or sarve7cr as acceptable payment In fail; or, If no value is submitted, the cash pond shall be as shown on the Construction and land Estimate contalned herein Said cash deposit nay be refunaed as soon as peace. dues permits after rocclet by the City Of the centerline tit motes and •rsttea aasuraece of payment In full fr os the engineer or surveyor. 0. The required bonds and the principal amounts thertef are set forth 00 pall 6 of this agreement. 16. The Developer warrants that the lop,... sent, deecrib ed In this agreement shall be free from defects in setae als and workeansh-p. Any and all portions of tin Improve. seats found to be effective within one (1) year following the data an which the Improvements are Scooted by the City shall be repaired or replaced by Developer ream of all chinas to the City The Developer shall fur Ish a maintenance guarantee security In a sum equal to tan Percent (101) of the construction eat test. or 5200.00 or Is 9reator, to secure the faithful 9arf.reancm of 0ovele0a`f abllgat ll an% as described in this pare. grapb• The maintenance guarantee security shall also secure the eS tthftl Parfarmince by tat 0yelaDer Of any obligation of the 9arclogmr to do spec fled wart with respect to any parkway 'S' e.tf.atr �r 5200.00, whi<hl+er Is gfaaar, to MT the "'so" er forwuoA e1 Oaeleper & eel y silo., as dacIn this 7ara- )aph. yM maaieaaace 9var ems ac t. -erity .... also tap. re ae falafel perforu ue by 'be 0, elorer of any obllsatlea of the OBrrt ogre is d. fvec vim Yert wltA retNCt t may Parlmay u lnten&na aalesemtnt district 04ce the Improvements hs.e been accepted and a malctanance guarantee cecOrit) has been accepted b) the Clty, 'he other fepro+e.est fecsrlly described In this agreement may we relesced provided that tech reltale Is otherwise author lied b; f•Aa Subdivision nap Act and any applicable City Ordlalncl. 17 that* the Developer shall Late net and maintain Bach public liability and property damage Incer.•c, as shall protect him and any contractor or subcontractor Porfe,miaq wort covered by this agreement from claims tar property dem&ga . ►Ice nay ante because of thr nature of the Yart or from 0 crat tons [fide: this W1241nt, whaslhe, Such oper&tlell be by +,msrlf or by any contractor or {otcoativactor. Or anyone directly f Indirectly en Pert" s, by said Derls, eves change such damages be not aped by t {e ngllglAct we the mareleper or any contractor Or subcontracto, fir Aoyo.r 03010yad by said persons The Pa ►lie ll abfl ley led progeny wage Iq.ance shall list the City as addlto..I insured end a tally protect as CIt /. Its elf /cert, [gab and employees, a all a a& Developer, ors contractors aaf hi tobto etractors •nd BII Iesmar sect policies Ifluvd her dun( fM11 so state n mimin•m :::vets of swa Insurance shall be a follows: A. Contract*?'% I ,blllty Iasert.te prodding bodily Injury or deal liability limits of at Ices the S300.000 for a Parton and $1,000,000 for each accident d- OCC, nice, and property damage llAbll- Ily limits of aO act than $100,000 for eacb see" dent or of "0 with a aggl aayt& limit of t250.00 0 far CEB,e ,11th may arase from the opera. slums of the Dore ter In the Performance of the .art herlin provide E A,terobile Ilablll,y lass' 48.4 covering all vehicles Blvd In aB ptrfor.atce o1 this ogrenent P r evldlap bodily injury liability limits Of not last than 2110,000 for r&ih person Bad $100,000 for V40 accident Or Oc Curre.Ct. cad PC:Ptrty damage [lability limits of not let, thin $50.000 for each accident or occorre,ce, .1th an aggregate of not less than 5100,000 wh lch .,u &rift free the Opera. class Of the 0er.10PIr or bit Contractor in performing the wort preen, for herein. this 08rtlop,r1 s hall bfile .11th then city c at sort ate erg certificates Of Intprinle Covering the specified 1 • &net. Each such certificate $hall bear an erdoaem, preelodiag the eaneellAtl.n,, or redaction In coverage 01 9 Polley evidences by such certificate before the aspiration thirty (10) days af,er the Clt) Shah have retailed actiflc in by registered mall from the Insurance carrier Ps bVideact of understanding the provisions coatalaad here,*, B *J o/ fns ere to comply With i,::. the Sandielder ban submitted the fe1lo.,n9 dertrlbed laprO +ecenl apcBel b, and h e affixed his tlS n &ton hereto: /S rr )4 r� U FAITDFOL FEIMINItt trots Pr1a1r11 Asasstt 41'2400.00 1•ll.aer tnauuAts Company 44041 add address of !.relit P.O. b. is". 64er•aaat.. CA 1SIS2 MATptAL AID LA104 PAAt -.et floe! less A-lot t t etA30.00 llanc• faa�cau• Conpca. NYN 2nd a�Arss er u N nlit P.O. bst 15201 so cremate. CA 93632 CASO DEPOSIT M010MteTAT106 Tries Principal osetetf 6 L.250.00 ate ud eNress of uret2t MAlltt*AACt 00AL4LjT[t Types Pr Isc IPAI A+1.at1 N/A same 484 addr.ts cf f.rtlyt To at POSTED ►11OA To ACCIFTAICE ti TWt clif to WITNESS WlelOr. lea esM41% Gcrete have ca.tad thtf protests to Da 4012 maocat.o and rieeNlogled rltA If� formalities resalres y it. 'ta Oates -Very ap0ata tAal slluuras. �/ Data t- 2T•16_� y Oesatapr t.. tri t1t•ld V. rights, r a. Date — by .oes.Lnr Accept dl Oill C ►sacAc CerUSets. toll /grass •.. Sla4.1 4t.sralles caiwi MAr2 AfJCW VLt00 M" Sam a C 04, .ftmv. gal.h.. e... Il1[a taM•M Ce.rl.l j }} atrsAw.tas t nalaUtAa 0 S 1x1 CUT or RAPIWI corstv" maot4tfr rmtlr m xxAf umt 0oes an Imlero cm 0 too for Witt" Permit cr pereAmt m,"Iti L.I. P-LC. mmq . 221• C.r. Se• letter tvlt L.r. P.C.C. Ora . r CJ. 24• pttrr L.f F.C.C. curt "If �Z I.r. A.C. ltrs • !b iJ. 4• ►.C.L Hewett r., Lt. Orin ypwq • n. S.F. ,M P.C.C. Cwt ",ter Ila. ew►) C.I. Stan anrula C.I. Alrwtu oAOUaau t. 4M S.F. MOMUta of L"&A* S.T. wBAee •". Nis torr IAA UIC47 TOO A.C. oror un tows) to A.C. in m Inc up) Tw A.C. 000 to 090 wM Till A.C. wear S00 tent) S.F. A.C. 3. UICSI W. PA {Ca A.C. (troC.►1 3. :.. J. l• Uin •.t. Zsr W 1r� x21 ttwst AoAer Is U or !"� 21A. AAlsu awtr Clem avt to prim W Ayrtt ritt. •eh t U orml •.Sant ;=y_, W Ilpto L.r. • E IZMAt (I m. 2300 elm) L.r. t C e• Cff.Ae. P, f.r. Oeterof of A.C. omAemt L.P. "mat of P.C.C. a" LJ. % sl of A.C. Wo slam fW.f4. "gra —'� S.F. Otul 1y wit T01 Air 'ti Leto C.T. co= to ttrettwu = LJ. L.I. IM RU 221{x1 0 2141• PCP 0 L.F. ilia 721• AC7 7000 O —� L.r. 4121• TfJ LIM 0 W Caa. Amts V • 4- �y_ W seta amu r • t4� W utea LAf:o It • 27 W Out etr %Iso 41 W Leal Wwttt" IV Li. itectlae itllttwe W thtlol Am"we. Ste x004 W Witt struran, re r307 •.A. Owd Potts L.r. wart Prnl (twtl W Obl"m pt•'•tro) WfAO MWer 5.7. LJ. umUU7lea L Irvipilee W17 IP.C.C.) curb VSIx DHG forymim 7C1 Mr. OF rx TOTAL MILMOUTICIRI 6OCATIOR CtSt _4WA. tACitfr IA M1T1w0 M, OCOil it WeSIT t f) MUM a IM (Op A , Ig I CA41) ZUL^ Owllt0 SUBDIVISION SMUTIC 40 MFOEMSCT (SETTM OF FINAL MONUMENTS) City Council City of Rancho Cueasaega p. 0 ffa 607 Rancho Cucamonga. California 91770 Gentlanen: fursua,t to Chatter 1, article 9. Become 66497 of set Government Code, tee undersigned bereby agrees this ell senwmenti ihawn as the final Sao of _S i 1 are to be 11t one furslshed by the sup t erls angiaier or sorteydr an Or beta.. n.rc t9-,rT as specified 1a the Emg011%, or prreyorii Cortill,oto an :%re's 1C formish the salts teereos to ceuplete all engiuerReg re0dbenents st eclf NO Is ACt1aA 66197, of tea Goverment Code the undersigned beefs you herewith the sae of S 1.350.00 ak a Ca-.b deposit, sold deposit to sutrantmt t6F a miTi p f •111 be vet and the actef Watteau as above provided as or before tea date specified and that toe engiater or tareeyor will be paid by the undertlgoed. It It fl-thor waderstocd led agreed that in the eveAt the on derfyaed falls to complete the above raga Hementi withi, it* time svecified, the City or timeba Cucamoaga Is memorizes to co.ot4te Said requirements or cause them to be completed and aka cot: thereof is to be a e +tr9a age sit fall 44IN deposit, end M, City of RmChe CeCW0094 it svtberland to make the ucolsarF transfer true fall calk derollt to the credit for the proper City food it It further agreed that If the undersigned does not present a'tdtoce to sY city f01,c11 that be 1,41 paid the customer or surrey or for tke fatting of the final monuments, Rod if Res 04s10ter or surveyor sires the oettces proscribed Is Sa:lom 6619/ of the 6dreruent Code, 11, Cl.y shall pay to said uglast or surveyor, 0* cash deposit herelm aide. If %no cast of C0mp1et1Ag sold re9wircmenu etceeds the melst of the cask deposit, the dndnrstgned agree% to pay the 41fIrrence sttkis thirty (SO) days after rtcefv•aq written Stateev.t from the C ty of Rancho Cocuonp 1,4cif) tag tee outset of tba gifts ante between the cash ddeeppp000ssit aad the actual cost of said Cordially, tf� T(—/ Cordially, Subdivider Roh.rtsom some• IDUld V. Fisherl Adaress 465) t9b4Cafafe Orlve. 6ecekto +. CA 17701 Otte 1 -27-86 The depatlter of record (for Insure of lmy portion of the Cash deposit) shall to Dallas Christie. 1003 cent. or.. s r. 101. cotton CA ilyta um ra$$ NOTE: 10 DE SURNMED fOLLT FILLED OUT Apo SIGNED VIA -/� V4 AGREEMENT RESPECTING THE ACQUISITION OF CERTAIN REAL PROPERTY This Agreemeat is made and entered into by and between the CITY OF lANCHO CUCAMONGA ("City' hereinafter) and ROBERTSON HONES, INC. ('Developer" hereinafter). W .11 N_ yS S E T Hs A. Recitals. (1) City is a general law city exercising govern- mental functions and Porers and organized and existing under the laws of the State of California. (ii) Developer presently seeks to dovelop that real property constituting APN 208- 251 -11, 23, generally located at the northeast corner of Vineyard Avenue and Arrow Highway within City ("the Development* hereinafter). (111) In furtherance of the Development (a residential condominium Subdivision), Developer obtained approval from City of Tentative Tract 13131 and Development Review 85 -17. (iv) The approvals referred to in Recital (111) above were granted sub3ect to, among other matters, the following condition which is predicated upon the provisions of California Government Code Section 66462.5s `The developer shall acquire the additional dedication for right -of -way improvements and construct street improvements fronting the a,, parcels and obtain sufficient street dedications to construct said improvements. In the event that the developer is unable to acquire the appropriate street dedication and has requested the City's condemnation process for the additional right -of -way, the developer &hall pay for all expense of such condemnation per the Subdi- vision Map Act.• M The property to be acquired pursuant to the condition specified in Recital (iv) above is hereinafter referred to as *the Property and is legally described in Exhibit •A• attached hereto. (vi) To date of this Agreement, Developer has not been succecsful in attempting to acquire the Property through the procera of negotiation. B. )agreement. NOW, SHEREPORE, in consideration of _ covenants contained in this Agreement, the parties hereto agree as followr, 1. In consideration of City's covenants herein con- tained, Developer hereby agrees to continue to attempt-to acquire the Property through negotiations for the 30 day period immediately f0llcwin; City's execution of this Agreement. 2. In consideration of Developer's continued efforts to acquire the Property through negotiations, should Developer not so acquire the Property within the 30 day period referred to in ra agraph 1 above and subject only to City's conducting a duly noticed public hearing pursuant to California Code of Civil Procedure Section 1275.235 and making the findings set forth in California Code of C }vil Procedure Section 1270.30 based upon substantial evidence presented at said hearing, City shall cause to be coumpnced and expeditiously process to com- pletion an action in eminent domain by which City shall acquire the Property and, at Developer's request, shall seek an orde 2 � n for immediate possession of tae Property. City shall not seek such an erder absent such request from Developer. Within 40 days following City's execution of this Agreement, Developer shall either make a written selection of an appraiser and /or legal counsel to service City in acquiring the Property or shall instruct City to make its own such selection or selections. Should Developer not make any such selection within said 40 day period, City shall do so by and through its City Attorney. Developer shall bear all of the expenses in City's so acquiring said interests, which expenses shall 'include appraiser's fees and reimbursable costs, court costs, attorneys' fees and rosm- burnable costs, deposits necessary to take imtediate possession of any such interests, deposits reflecting verdicts as to the value of any such interests necessary to City obtaining any final order or orders of condemnation, relocation expenses pay- able to any occupant of the site, any sum paid as and for a settlement of any suit filed by City pursuant to this Paragraph 2, and any and all incidental expenses related to any of the foregoing items. No such settlement shall be effected without Developer first providing to City Developer's written approval thereof. If Developer so directs City in writing, Agency shall process an appeal on any judgment entered in a suit filed by City pursuant to this Paragraph 2 to, and including, the Cali - lernia State Supreme Court level. 3. An above indicated, Developer shall solely bear all c -ovs specified in Paragraph 2 herainabove. In that regard -3 �� ,i City shall on a monthly basis invoice Developer for costs incarred pursuant to Paragraph 2 above. Developer shall remit the amount reflected on any such invoice within thirty (30) days of the date of receipt of that invoice. 4. This Agreement shall not be assigned in whole or in part by Developer w%thout Developer first obtaining the prior written consent to any such assignment by City, which consent shall not be unreasonably withheld 5. Any and all notices, requests or other co=u2ica- tions required or permitted to be given .nder this Agreement or by reason of this Agreement shall be in w :� ing and shall be deemed to have been g.jen when delivered in person, or five (5) business days after mailing by certified or registered mail, return receipt requested, first -class postage prepaid, if mailed in the State of California, or seven (7) business days after so mailing elsewhere in the continental portion of the United Status of America, or the date of actual receipt as indicated on the return receipt, whichever date first occurs, or ten (101 hours after the time dispatched by telegram or cable, iA every case addressed to the parties hereto as follows: A. It to City, to: CITY OF RANCHO,CUCANONOA P.O. Box A, Rancho Cucamonga, California 91730 �V Attentiin: City Engineer and -4- MARKMAN 6 ARCZYNSRI Number One Civic Center Circle P.O. Box 1059 Brea, California 92622 -1059 Attention: Mr. James L. Markman, City Attorney B. If to Develope•, to: ROBER'aJl. HOMES, INC. 1C,; Cooley Drive, Suite 102 Colton, California 92324 Attention: Mr. Gary Mazur or such ether eidress or addresses as the party addressed may, from time to time, designate in writing in the manner herein specified. Any notice dispatched by telegram or cable shall be reaffirmed by the sender with!n twenty -four (24) hours by mail- ing a confirming letter in the manner hereinabove specified. 6. In the event that either party hereto brings any action ..t law or suit in equity in relation to this Agreement, or to declare such party's rights under this Agreement, the prevailing party in such suit or action, on trial or appeal, in addition to all otner sums to which it may be entitled, may call upon the non - prevailing party to pay a reasonable sum for its attorneys' fees and to pay all other costs and expenses tt,at have been incurred by the prevailing party, either directly or indirectly, in connection with said action or suit, as shall be fixed by the court. 7. Nothing in this Agreement, whether exp.essed or implied, is Sntoaded to confer any rights or remedies under or by reason of the trans and provisions hereof on any person other than the partios to it and their respeuti,'e successors r and permitted assigns, nor is anything in this Agreement intended q llf.t''v -5- a3 to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision hereof give any third persons any right of subroga- tion or action over or against any party to this Agreement. 8. Unless otherwise required by a specific provi- sion of this Agreement, time hereunder is to be computed by excluding the first day and including the last day, unless the last day is a Sunday or a legal holiday, and then it is to be excluded. 9. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional documents which may be reasonably neces- sary to carry out the terms and provisions of this Agreement, and each party to this Aqreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere with or prohibit r make more onerous or difficult the perfor- mance of the other party hereto under this Agreement 10. To the beat knowledge and belief of the parties to this Agreement, this Agreement contains no provision that is contrary to any federal, state or local law or to any regu- latory requirement or other ruling or regulation of a federal, state or I, cal agency or that, would be in breach of the obliga- tions of either or both of the parties hereto under the terms and provisions of any legally binding agreement] however, if any provision of this Agreement, or any part thereof, shall at any time be held to be invalid, in uhole or in part, under any applicable federal, state or local law by a court of competent Jurisdiction, or by arbitrators or an administrative agency of the federal, state or local government with proper Jurisdiction, then such protieaen or a portion thereof, as appropriate, shall remain in effect only to the extent permitted, and the remain- ing provisions hereof shall remain in full force and affect and sh+,ll in no way be affected, impaired or invalidated, unless the invalidated provision(s) shall uniquely, materially and adversely affect the rights and obligations of a party to this Agreement. 11. No delay or omission to exercise any right, power or remedy accruing to either party to this Agreement upon any breath or default of the other party to this Agreement shall impair any right, power or remedy of the non - defaulting party nor shall it be construed to be a waiver of any such breach or default, or acquiescence therein or thereto, or of or in any similar breach or default thereafter occurring; nor shall any waiver cf any single breach or default by either party to this Agreement be deemed to be a waiver of any other breach or default theretofore or thereafter occurring. All remedies, either under this Agreement or by law, equity or otherwise, shall be cumulative and not alternate. 12. This Agreement and the instruments particularly referenced herein contain the entire and exclusive agreement between the parties to it, and no promise, representation, warrant or covenant not included in this Agreement have beers p / as or are being relied upon by any party to this Agreement. All obligations of City and Developer under this Agreement are expressly stated, and no other obligations, conditions or covenants are to be implied noreunder. Each party to this Agreement has relied or is relying upon its own examination of the terms and provisions of this Agreement, the counsel of its own advisors, and the warranties, representations, duties and covenants contained in this Agreement. Moreover, the terms and provisions of this Agreement may not be changed orally, but only by an agreement in writing duly executed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 13. This Agreement and any amendment thereto may be executed in onu or more couaterpartn, with the same lecdlly binding effect as if all signar.+ry parties were signatories tc the same counterpart. If reSvested, any signatory warty hereto will furntsh the other party hereto with a duplirete original counterpart of this Agreement or any amendment thereto, bearing said signatory's signature. 30. The terms and provisions of this Agreement shall not cause the parties hereto to be construed in any manner what- soever as partners, joint vegturers or agents of each other in the performance of their respective duties and obligations under this Agreement. or subject either party to this Agreement to any obligation, loss, charge or expense of the other party unless the party to be held responsible has independently contracted W wi.h the claimant •o Ls to make it directly responsible for the L performance and /or payment, as appropriate, of the pertinent } obligation, loss, charge or expense. 15. Should any provision of this Agreement require Interpretation, it is agreed that the person or persons inter- preting or construing the same shall note 1 2 PP a Y presumption " that the terms of this Agreement shall be more strictly con- strued against one party by reason of the rule of construction : that a document is to be construed more strictly against the party thereto who itself or through its agents or counsel pre- ' pared the same or caused the same to be prepared] it being agreed that the agents and councel of all of the parties hereto hnve participated equally in the negotiation and preparation of this ' Agreement. The language in all parts of this Agreement shall i j' be in all cases construed simply, fairly, equitably and reason- ` ably, according to its plain meaning and not strictly for or against Any of the parties hereto. 16. Time is expressly made of the essence of each and I ever 3rovision of this Agreement. 17. The provisions of this Agreement shall inure to the benr at of and be binding upon the parties hereto and their f respective successors and permitted assigns. 18. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with f all other remedies at law or in equity. �i -9- a� 19. This Agreement shall be construed and interpret :a in accordance with the laws of thz State of Calif rnia. IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the date set forth below opposite the name of each such party. 7_ ROB S N I• Dated: —U�j Z By Dated. BY CITY OF RANC90 CUCAMONGA Cased: By Mayor Dated: By —C t— y Clergy T FAA= t 2 7 AS CNCRZeT 00R STRICT, WAD AIM rOSLTC OLILLTIEF IN. 1 Ma AND OILS THAT CCAT.AfE RIN. rROrRTY is TTOI Cllr OY OI RATCPO CUCLMX"- COUNTY Or IAS SSNAROINO. STATL Or 0 CALLTOR:IA. DOCRISID AS rOLL0108 7 T THAT ramov Or LOT 12 Or A OUNl0ulON Or LOT L0, 0 COCAWANA YINOlAAO TRAM IS «ratan T AND 10. TOWMIP t0 1 SOUTH. RAMS 7 WM- W SL3MMI R1 NIRtRAS. N MOON 14 IS A Nor RIND IN WON 20, 1An O. Or NAYS. IN TNt OMCE 1t or TEY SOCC!T 4CCO20RE or "to COURT. DLJCRIRto A: N rwAms u 10M P9DVACNVMN§N =1 ' �I ID oral SNINI AT THEN uunIATION JJ Too Soum7wT LIn or to 0140 SOT 11 WITS A LIPS tARAtt[L WITHE AND .u.00 ro". AS /7 NWUITD AT 21=1 ACV-0. NtITIAT rICH TIC rASTCRLT LINT 1S Or PAID LOT I71 T1CW,I ALOND SAID rAXMJJL =9 FORTH Oa 10 Ot• 09' CUT. tt.00 ►IIT TO A LIU ►ARALLR WITH AND 20 11.00 f=. N NEASUAW AT No" NCGU. NORTKZ= V" 21 "to SOUTP101LT LINZ Or Lot 111 T7UPCC AM LAST PAID 22 rAMLL12, un SOUTS It0 40' 09• WT. 62.00 RLT To A 22 LINP PARA"' SITE AND $91.00 112T. N IiAIORID AT RIO" 24 `4OLI2. SIPTItLT rRON SAID SASTSILT LINE t LOT 171 23 T110R ALONG LAST PAID PARALLIL USS. EWTI OP OS' 03• n NTAT 11.00 MIT .V SAID SOUTR911T LIU Or LOT 121 TWNCC 27 ALONG SAID SOULMUT LINE RnTS n0 10' 010 SIR. 03.00 26 n" TO TLC rotor Or 110110109. 29 30 21 .12 SPAT t at L "=U 10M P9DVACNVMN§N =1 ' �I s aer! D9D MrstT •A' 0 I FARM i 2 i AN rAtIMDIT ran STUNT. T41AD An VVILIC UTILITlU IN. S OTRt ASO UPON WAT CSRSAIS U" Mum IN TOt CtTr or 8 SANCHO CacAmou". COYNTT Or DAN NiGNAADINO. STAT2 Or 6 CALIr0RM, DUCSIIW AS rDifdq, 7 i THAT FORTWS Of LOT 13 Or A DOSD'9U►oN or LOT 10, 9 COCAIGNOA VIMAAO TRACT, IN dWft O t AND 10, 70WU:p to l SOVIN. 'kANOS 7 NUT, SAN USSASOISO MUIDUAI. AS SHOW it CD A I7V I'MCD IN DOOR 20. 1`AOt N Or MAPS. IM TIM cMCt 12 or TNt COONTT Or SAID COUNTY, DSSCDUID AN 13 rwUma, 14 13 AMOINNUO AT TU NOATNVIST NAND Or SAID LOT 171 TNDRS 16 ALONG TNS NOSTMZRLY LIML Or LOT 1J SOUTH Ste 40. 17• 17 UST. 7.00 M7 TO A LISS VASALUL NITU AA9 7.00 UCT. AN MNJISUSCO AT NIGHT ANIT.U. M070 t MA TIC WumtT LIU t0 Or SAIO LOT ►71 "No" 4"= t"'o VAAALLSL LtNC So0ti Oe 20 U' 46• VM- 110.00 rNNT TO A Un rAMlbi' WITH AND 21 110.00 MIT. AS P=WSU AT RIM A116LU. DOOTSULY rR M 22 SAID DONTUIMLY LINT Or LOT lit Tim1Ct AtOlq LAST SAID ti rASALLIL L309 NONTN Ste 40. 17• Mr. 7.00 1`227 TM SAID 2S VtSTULY I= Or LOS 111 TNTNCt AMA SAID N2STULY LIS2 25 NORTH De 98' 46• LAST. 110.00 Ut: TO THS 1`01NT or 26 210INNINO. 27 26 29 IO 21 ALIT i or i DSLRS .9• r .r.l..w� DAB 1 .. . 110NWAIt�SN N.�g IYrrffY�,.�,w� AT'lU tANOOt,7 rwiew.,.� °r, Ys r. Y< EASEMENT FOR STREET. ROAD & PUBLIC UTILITIES ELY LINE Lot 111 •�. BEAR OULQjj a n EASENI NT FOR STREET. >< ROAD ANO PYBLr YTNTIES. 1 - •L "~w {{.OV V(LY LIZE OF TNC zC EASTERLY E.SO' J / LOT 13 'b'B ROMOFOle b� v LOT 13 ^ ^ -I M 8. 2 ^/44 4I p s I 3 Y LOT 14 ^ < Lis 2O/44 u ;$ FUTURE =g I EXIST 1!I{ {TUZQ NLY LIN =LOT IS a •o'r.0 Iv0.OQ EASEMENT FOR STRUT. ROAD AND RUBUO YTLITA! z[AU 1'• .z0 'gill lets °a' o n` TES :9 vi .'m RESOLUTION No. O ip' % % A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM3NGA, CA',T-O;VlIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, CONDEMNATION AGREEMENT AND FINAL MAP OE TRACT NO. 13131 WHEREAS, the Tentative Map of Tract No. 13131, consisting of I lot, submitted by Robertson Homes, a division of Cats.il ^orporation, Subdivider, located at the northeast corner of Arrow Route and Vineyard Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirer•nts of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements establisk2d as preregLisite to approval of the Final Map of said Tract said Subdivider has offered the Trrroveaent and Condemnatiaa Agreement submitted herew +ih for aporoval and e ecution oy said City, together with good and sufficient Improvement S curity, and submits for approval said Final Mao offering for dedication for public use the streets delineated thereon. THEREFORE, BE 1T RESOLVED by the City Council of the City of Rancho . -ga, California, as folluws: 1. That said Improvement and Condemnation Agreement be and the same is approved and the Mayor is Authorized to execute same on behalf of said City and the City Clerk is authoriyed to attest thereto; and 2. That said improvement Se -urity .s accepted as good and sufficient, subject to aporoval as to form and content thereof by the City Attorney; and 3 That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorised to execute the Certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 2nd day of April, 19h6. AYES: NOES. ABSENT- Jeffrey King, Mayur — 3a- CITY OF RANCHO CUCAbIONGA STAFF REPORT DATE: April 2, 1986 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Civil Engineer SUBJECT: Approval of Professional Services Agreement with Norris - Repke. Inc. for the street evaluation study and final construction documents for the rehabilitation for various local City streets Attached is an agreemeet for Consultant Services for the design of the above subject project. Said services will be provided in two phases as follows. Phase I consists of providing a detailed analysts of the streets to develop specific rehabilitation concepts. In general, this would Inulude oreparation of a payment evaluation report for the streets and development of project elements in each street. Also included in Phase I Is the control and t000graphfc survey. Phase II consists of additional field design survey and preparation of constructfoi plans and specifications. The rehabilitation Includes the following streets: Ramona Avarua from Hampshire St. to Foothill Blvd.; Ramona Avenue from Devon St. to Hampshire St.; Burgundy Avenue from Devon St, to Hampshire St.; Malvern Avenue from Devon St. to Hm,-)shire St.; Devon Street from Archibald Ave, to Ramona Ave. and Haa^f, shire St. from Archibald Ave, to Ramona Ave. Contract for said project is not to exceed $29.350.00 plus a 10% contingency to be fended by Systems Development. Prcject is proposed as a redevelopment project for Improvements of •aw- and moderate - income neighborhaods. If and when the Redevelopment Bond essue is ctnplete, the design workings 1-111 be reimbursed from the Redevelopment Agency. RECDMSFII11ATION It is recommended that I the design services for an ammunt not to exceed Systems Developme:t and �%/ .4 rl� Attachments i approve the attached agreement awarding lescribed project to Norris- Repke. Inc. in I plus a IK contingency to be funded by the Mayor and City Clerk sign same. W PROFESSIONAL SERVICES AGREEMENT This Agreement 1s made and entered into this day of , ig , between the Ctty of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY') and _ Narrls- Repke, Inc. ,hereinafter referred to as 'CONSULTANT'). A. Recitals. (1) CITY has heretofore issued Its Request for Proposal pertaining to the performance of professional services with respect to the preparatir eet evaluitlon study, Phase I and final construction documents. Phase It for the rehabilitation of various C16y streets (Protect f2) ('Project' hereafter). (1i) CONSULTANT has now submitted It- proposal for the performance of such services. (Ili) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff In the preparation of Project. r (r v) CONSULTANT represents that it is q, lifted to perform such services and 1s willing to perform such professional services as hereinafter defined. NOW. THEREFORE, It Is agreed by and between CITY and CONSULTANT follows: 0. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: -I- J I , 9 (a) Project: The preparation of street evaluation study. Phase I and final construction documents. Phase 11, for the rehabilitation of various City streets,(Project 12) described in Exhibit 'A• Scope of Services hereto Including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and In writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined In the. Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSJLTANT in order to complete the project. (c) Completion of Project: The date of completion of all phases of the project. Including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit 'O' Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit W and applicable with Federal. State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all Paps, surveys, reports, plans and documents (hereinafter collectively referred to as 'documents•) including all supplemental technical documents, as described in Exhibit •A• to CIT1 within the time specified in Project Scheduled, Exhibit '2' 3S "B" . Copies of the documents shall be in such numbers as are required by Exhibit W. CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents i-i such form and in the quantities determined necessary by CITY. The time 1 mits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole Cost and expense, secure and hire such other persons as may, In the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows. (a) To pay CONSULTANT a maximum sum of $29.350.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, Including the work of employe,-., consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made to accordance with the schedule set forth in Exhibit 'C'. (b) Payments to CONSULTANT shall be made by CITY in accordance with the Invoices submitted by CONSULTANT, on a monthly basis, and such Invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit 'C" either with respect to hourly rates or lump sum amounts for individual tasks In no -3- 3jc event, however, will said invoices exceed 95% of individual task totals described in ExhiLlt "Co. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described hLrein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Paya:ents for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid on a reimburseaent basis in accordance with the fee schedule set forth in Exhibit 'C'. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said Invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit 'A' hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all Initial contact with respect to the gathering of such information. _4_ 3-2 S. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other Identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, mike and retain such copies of said documents and materials as CONSULTANT may desire. Any use cr reuse of the plans an! specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff o- authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminates by CITY upon the giving of a written • Nntice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated. CONSULTANT shall be comper-,ted at CONSULTANT's applicable hourly rates as set forth in Exhibit 'B', on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. in no event, however, shall CONSULTANT receive mo,•e than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models. photographs and reports, whether in draft or final form, prepared by -5- M I CONSULTANT as of date of termination. CONSUMANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addresseO as set forth In this paragraph 7. The below named Individuals, furthermore, shall be those persons primarily resornsible for the performance by the parts -s under this Agreement: Blane W. Frandsen, Senior Civil engineer, for and on behalf of the CITY and Warren W. Reoke, for and on ben . CONSULTANT. Norris- Reoke, Inc.. 507 E. First St., Suite A, Tustin. CA .2680 Any such notices, demands, invoices and written communications, by sail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all Insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the foll -3wing policies of insurance: (a) Worker's Compensation Insurance: Oefore beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whrin it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. .6- ,J7 In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: of as aware of the provisions of Section 3700 of the Latar Code which require every employer to be insured against liability for workers - compensation or to undertake self insurance in accordance with the provisions of that Code, and I wi.l comply with such provisians before commencing the performance of the work of this Agrement•. (b) public Liability and property Damage: Throughcat the term of this Ag- eenent, ut CONSULTANT's sole cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, g -Aeral public liability and automobile Insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTAYT's activities, A' a.coo, cco.co 10K providing protection of at least One Million Dollars (f6OGiv6QPvW) for bodily Injury or death to any one person or for any one accident or Occurrence and at "IOW coo. co l'aC least One Million Dollars Fjb001lDO,�D) for property damage. (c) Errors and Omissions: CMISULTMT shall take out and maintain at all times during the life of this Agreisent, a policy or policies of insurance concerning errors and onissions (•malpractice.•) providing protection of at least $25_000.00 for errarz and omissions (•malpractice•) with respect to loss arising frm actions of CONSULTANT performing engineering services hereunder an behalf of Cm. (d) General Insurance Requirements: All iasuraeee required by express provision of this Agreement shall be carried only In -7- `f"6 n responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall none as afditfonal insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the Insurer waives the right of subrogation against CITY and CITY's elected officials, officers, enpluyees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changcd except after thirty (30) :ays' notice by the insurer to CiTY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. indemnification: CONSULTANT shall defend. Indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damagr or injury to persons or Property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees in any manner arisino out of any negligent or intentional or willful acts or omissions of the CONSULTANT in tlx• performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder she) pe made, either in whole or in part, by CONSULTANI without the Prior written consent of CITY. 11. independent Contractor: The parti -s hereto agree that CONSULTANT and itf ecployers, officers and agents are i, ependent contractors pp1 under this Agreement and shall not be construed for any purpose to be k -8- L11 i il A, 3' i ofsployees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is Instituted to enforce any term or provision of the 4greement, the prevailing party In said legal proceeding shall be entitled to recover attorneys' fees and costs from tre opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which 1s not embodied herein nor any other agreement, statczent, or promise not contained In this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only If it Is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have ezecut.d this Agreement as of the day and year first set forth above: CON,jULIANT warren N �1 Ma rrt epke, P CITY OF RANC110 CUCAMONGA Jeffrey King, Mayor ATTEST: —Bever y q, uthe et, ty lerk Date: 3 —13 — e4 Date *Apto jfory,/-�17 h N'7 u EXHIBIT •A• PROPOSED SCOPE OF SERVICES PHASE 1: EVALUATION AND CONCEPTS A. Orientation Meet with City Staff to hold kickoff- meeting. Our appru.ch would be discussed and necessary criteria established. Information required from City would be requested. B. Pavement Condition Evahratlon A field and laboratory evaluation of existing pavement conditions for all the streets would be prepared. This would include obtaining, tabulating, and evaluating pavement deflection data, field observation data and core samples. Various rehabilitation oethods would be reviewed, and a report prepared including engineered recommendations. Cores wo.id be taken (14 maximum) to determine existing structural sections and subgrade material information. We propose to use the firm of La Belle Consultants to perform the soils and pavement evaluation portion of the project. C. Perform Field Review Field review each location to determine the following: 1. Curb and gutter and concrete Intersection reconstruction areas. 2. Local pavement failure areas In streets recommended for surface treatments. 3. Limitsof various rehabilitation methods. D. Perform Topographic Suney Due to the required project timing, the control and topographic survey wouuld be performed during Phase I. The following would be performed. 1. Establish centerline control and stationing. 2. Establish vertical control from local City benchmark (where required) 3. Topography within curbs plus location of driveways and pertinent topographic features (where req:4•ed). Street light locations would also be datercined. 4. Cross - sections at some selected locations (2 -3 per street) from right -of -way to right -of -way (where required). E. Develop Project Elements Utilizing the pavement condition evaluation and field review a recommended project would be developed for each location. Included would be additional street light locations needed to conform to City standards. A recommended concept plan would be prepared Indicating the recommended EXHIBIT 'A' (Continuation) project elements. A copy of the area Tract Hap or Assessor's Maps would ba used for this propose. Preliminary construction costs would be developed for the concept plan. A meeting would be held with Cit; staff to discuss the recorcendations and reach concurre•ice on the final pru;ect concepts. F. Oeteraine Construction Document Needs Upon approval of the concept plan the type and extant of construction plans and documents would be discussed with the City staff. G. Perform Utility Aesetrch Due to the requf -ed project timing the initial utility research would be done during Phase 1. This would consist of contacting the utility t -mxnies and obtaining utility location information. PHASE II: COrMUCTION DOCPEHTS The following is an outline of the anticipated scope of services for preparation of the construction documents for the project. The extent of each task will drpend on the results of Phase I and to agreed upon prior to the start of work on Phase iI. A. Field Suraey Additional field survey information suitable for final design would be obtained. This could include additional topographic Information and cross - sections or other :'evation data .s needed. B. Prepare Topographic Base Sheets Construction Plan base sheets at a scale of V-40' would be prepared and shay the following: 1. Street right of way and lot tints from Assa:scrs gaps and existing plans. 2. Lot lines and tract and lot ambers. 3. Existing curbs and intersection improvements. 4. Location of existing driveways. S. Utility locations. 6. Location of typographic features within street curbs and other pertinent topographic features. 7. Profile of existing top of curb and centerline grades (where required). These plans would be plotted on City standard sheets suitable for use as construction plans. 7 7 EXHIBIT W ( Cootdnuation) C. Construction Oocurtnt Preparation 1. Prepare protect Title Sheet Preptre plan and p-..file sheets or plan only sheets at a scale of 10.40' for each street showing construction to conform to the appn red concept plan. Construction elements would be clearly defined. ' - oposed new centerline grades sad ass c -rb & gutter grddes (when. re, *au) would be shown. 3. Plot cross sections whet appropriate for desisn purposes only snowing existing condition and p,zno:ed construction. 4. Prepare bid proposal and special provls;.+ se.tion of protect specifications using Green Book as standard specii ;=tfon. Project Information wouuld also be placed on 'toiler plate' prowl&. -a by the City S. Prepare itemized c -insturction quantities and cost estimate. 0. Construction Document Processing 1. Upon completion of the preliminary plans. specificztfons and cost estimate, submit two (2) sets of each to the City of 22=1:3 Cucamonga for review and comment. 2. Keet witi, City staff to eiscuss results of City staff review. 3. :lake agreed on re0sions and corrections to the plans, speei[ficatidns and cost estimate and :n- submit as above. 4. Upon final completion, acceptance and approval of the pio-s. specification. and estimate oy toss: City, provide the City with the original plans, specifications and itew;tzed cost estiratr. E. Utility Coordination 1. Plot utility location and information on the plans. 2. Prepare preliminary utility notices and send preliminary plans to utilities. 3. 'his proposal is based on the final utility notice being handled by the City. F. Construction chase Provide the following services during the construction phase cf the project: 1. Attend pre - construction meeting. .3 7s- EtH!BI1 •A' (Continuation) 2. :larffr plans and answer questions regarding the designs and specific.tions prepared. This does not Include redesign due to unforesee: =nditions or field visits. 3. Provide construction survey under separate agreement. CITY ROPMSIBILITIES The City shall assume the following responsibilities. 1. %ate available and provide all existing data and information relevant to the proposed project. 2. Provide eaAm-aental document processing. 3. Provide plans aed specifications for bidding. 4. Provide Traffic Index. S. Copy of Tract Map and Street Plans for area. SCMIMMING KIWIS -WXE. INC. proposes to provide the outline services In accordance with t_Sr project schedule Included as Exhibit B. The schedule would commence upon rec�lpt of a notice to proceed or signed contract. The proposed project scb —lute would be discussed at tte initial meeting and subject to revisions based an mutual agreement to meet specific requirements of the City. FEES IMMISAEPIX. INC. proposed to provide the outlined services for the following schedule of fees. -a- 0 f i of mlW x w JF _� CEO wz: G mFu cu c3oz aoc W F O r�u a� 41 C 117 1 1 , I , I , I • 1 1 I 1 1 I 1 1 1 , , 1 I I I 1 I ^ 1 1 I 1 1 I 1 1 I 1 1 , I I 1 1 I 1 1 1 ^ 1 1 I 1 1 I r 1 Y 1 . , W.. 1 � 1 » 1 w I 1 1 w I 1 1 I 1 1 w 1 1 1 1 6 1 1 1 1 1 I 1 1 I 1 1 1 N FO w u .0 F C OZ a r 1 , 1 1 � 1 i 1 1 1 1 1 , « I 1 i 1 1 , 1 , , I 1 M 1 I iw I 1 W I 1 G 1 C I O I M 1 U 1 u 1 r 1 r � o 1 1 9 1 J I m to I 1 M I c N 1 .0 F i q 1 c i m I w i n 1 1 q c C m M v a< m N +n O Uy c c ou Y C O woe C q C..CC d V q c Y O uc 9 q uc 1 L O M u� u_c Y r t. U os c � +1 4 Eo .r P 1 C 1 C ~ 1 O q Y to m Ci 1 m C Y q W Q y C C 1 L! U 1 O W s E E i to Y U U V t M W O O O 1 _1 o U 0 O O c C G .+ 1 2 O o O O U o O > c C o o o °' ++ 2 c u u c 1, u i C C G N m O O G N 7 1 O O 4 Y Q c m 1 QQ4 > d > G , 0 W F to to 6 O U I q c C m M v a< m N +n O Uy c c ou Y C O woe C q C..CC d V q c Y O uc 9 q uc 1 L O M u� u_c Y r t. U os c � +1 4 Eo .r EXHIBIT •C• Phase I Provide Phase I services as outlined in E�hlbit A for the following •Not to Exceed' Fee: 1. Pavement Condition Evaluation ......... .. ....... $ 4,450.00 lncludirg coring, sail evaluation, deflection testing and engineer'ng analysis. 2. Perform Control and Topographic Survey........... S 7,000.00 3. Develop Project Elements ......................... S 2.500.00 4. Utility Research .. ............................... $ 400.00 TOTAL Phase I • $'.4,350 00 Phase II Due to the unknotm nature of the specific construction requirements for the project until the completion of Phase I, the fees for providing Phase Ii services as outlined in Exhibit A will be determined at the completion of Phase I. However, it Is agreed that the fee will not exceed $15,000.00. All fees would be In-oiced conthly at the followinhg hourly rate schedule. SCHEDULE OF STANM(O HOURLY RATES Project Manager /Registered Engineer ............. S 60.00 Licensed Land Surveyor .......................... 56.00 Sr Designer ..... ............................... 50.00 Designer ......... ............................... 42.00 Sr. Drafter ...... ............................... 38 00 Jr. Designer ..... ............................... 36.00 Orafter /Technician .............. ............... 32.00 Jr Orafter /Technician .. ....................... 26.00 Clerical ...... . ............................... 25.00 Survey Crew j3- man) ..... ............................... 136.00 .2- man) .......................... ......... 108.00 (1- man) ............... ............... .... 76.00 Expert Testimony ..... .......................... 120.00 above fees will be escalated 6% on each August 1 beginning August 1, 1986, any work uncompleted at that tima through no fault of the Engineer L/ X"/S" e2w e."r Anff F CITY OF RANCIfO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Approval of Professional Service Agreement with Richard Mills Associates for the preparation of soils compaction and materials testing for the Turner Avenue Improvement Project and the North Town Phase IV Improvement Project In conjunction with the subject projects, a consultant is required to test soils and materials for contract compliance. Richard Hills Associates of Rancho Cucamonga has submitted a proposal of $3,950.00 for testing of the combined projects. Attached for your consideration are the proposals for subject • onsultant services. RECOMEHDATIOM It is recommended that City Council accept the proposals for Richard Mills Associates for testing on the subject projects and authorize the Finance Director, to expend $4.345.00 (combined proposal plus 10% contingencies) for said testing, to be funded from HUD and Gas Tax Funds. Respectfully submit d, / allI l LOW. .sr Attachments (r15-' W PROFESSIONAL SERVICES AGREEMENT This Agreement 1s made and entered into this _day of 19 , between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as •CITY•) and Richard Mills Associates (hereinafter referred to as °CONSULTANT•). A. Recitals. z (i) CITY has heretofore issued its Request for Proposal Pertaining to the performance of professional services with respect to the preparation of so�i,SpTOectlor and mate rlal+ r rl f DE the T Ave, In f 0 (•Project• hereafter). (ii) CONSULTAPF has now submitted its proposal for the performance of such servires. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that It is qualified to perform such services and is willing to Perform such professional cervices as hereinafter defined. NOW, THEREFORE, it is agreed by and between CiTY and CONSULTANT as follows; 8. Aareement. 1. Definitions; The followino definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 3/5/86 5r, _1_ (a) Project: Compaction testina o• off -site utility trench bacifill and off -site fmorovements, and materials testino of asohaltic pavers -t described in Exhibit W Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, Public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Cmoletion of pro ect: The date of completion of all Phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at Public hearings regarding the project acceptance for construction is set forth in Exhibit 08• Project Schedule attached hereto. 2. CONSULTANT agre es as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit •A and applicable with Federal, State and CITY statues, regulations, orainances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to t *documents") including all supplemental technical documents, as described 1, Exhibit W to CITY within the time specified in Project Scheduled, Exhibit _2. ;J IMMEMEN +,x 'B'. Copies of the document3 shall be in such numbers as are required by Exhibit W. CiTY may thereafter review and forward to CONSULTANT com ent$ regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents In such form and in the quantities determined necessary by CITY. x The time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sale cost and expense, secure and hire such other persons as may, in the opinion of > CONSULTANT, be necessary to comply with the terms of this Agreement. In the o event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon L6 prior written approval of CM. k 3. CITY agrees as follows; (a) To pay CONSULTANT a maximum sum of sL345 -o0 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect tests or fees, Including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be Dude in accordance with the schedule set forth in Exhibit •A•. (b) Payments to CONSULTANT shall be made by CITY in N� accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit •C• eithe• with respect to hourly rates or lump sum %mounts for Individual tasks In no a1 -3- event, however, rill said' invoices exceed 95% of individual Last totals described in Exhibits W. (c, CMSULTANT agrees that, in no event. shall CITY br required to Pay to C0.YS UNT any sum in excess of 95: of the maxlc= payable hereunder prior to receipt by CITT of all final doaaents, together with all supplemental technical eoctm+cits, as described herein accepta9le in fora and content to CITY. Final payment shall be made not later than 60 days after presentation of final docwents and acceptance thereof by CITY. (d) Additional services; Payments for additional services requested, to writing, by CITY, and not included in the Scope of Services as set forth in Exhibit 'A hereof, shall be paid on a reimburscsent basis in accordance with the fet schedule set forth in Exhibit "C•. Charges for additfonal services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY amWees to provide to CpNSULTMT: (a) Information and assistance as set forth in Exhibit -A- hereto. (b) Photographically reproducible coples of maps and other infoa -Ilion, if available, which C0.'iMTANT considers necessary in order :o cpmplete the Project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information fr® other governmental agencies and /or private parties. Powever, it shall be CoNSULTABT•s responsibility to make all Initial contact with respect to the gathering of such information. Y m r_ -4. 63 S- Q.trt,'Iio of Documents: all documents, data, studies, surveys, drawings, maps, models, photographs a.10 reports prepared by CONSULTANT pursuant to this Agrcament shall be considered the property of CITY and, upon payment for services performed by MISULTAUT, such documents and other identified materials shall be delivered to CiTY by CMSULTAYT. CONSULTANT may, however. make and retain such cootes of said docccnts and materials as CONSULTANT may desire. Any use or reuse of the olans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CrTy. The CITT agrees to hold harmless and indemnify the CONSULTANT against all damages, Claims and losses in:luding defense costs arising out of any such alteration or revision, or use or reuse at another site by the CM , its staff fir authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a r.•itten •Notice of Termination, to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be cmpensated at X11SULTANT's applicable hourly rates as set forth in Exhibit •B•, on a pro- rata basis with respect to the percentage of the project cagleted as of the date of termination. In no event, however, shall CONSULTANT receive more than the maxima soecified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all doesvents, data, studies, surveys, drawings, maps, models, 3 photographs and reports, whether in draft or final farm, prepared by t -5- J f ■ Y+ CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Desienatel Representatives: My and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: E. Duane Lyon, P.E , Grea Chandra. P.E. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work an a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies. of insurance: (a) Worker's Comoensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full wor ers' compensaton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. a. -6- 55" In accordance with the provisions of California Labor Code Section 3100, every employer shall secure the payment of compensation to his employees CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: `I am aware of the provisions of Sectlen 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation Or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work Of this Agreement-. (b) Public Liability and Prooerty Oamace. Throughout the term of this Agreement, at CO:ISULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad foam, general public liability and automobile Insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTAIIT's activities, providing protection of at least One Million Oollari (S1,Ooo,000,00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (S1,000,000.00) for property damage. (e) Errors and Omiss_ons: CONSULTANT shall take out and maintain at all times during the life Of tHs Agreement, a policy or policies of insurance concerning errors and emissions ( "malpractice') providing protection of at least S I,0n0.000 00 for errors and omissions ('malpractice') with respect to loss arising from act ons of CONSULTANT Performing engineering wvices hereunder an behalf of CITY. (d) General Insurance Requirements: All insu•.cr,ce required by express provision of this Agreement shall be carried Orly in W, -7. S( o responsible insurance compSnies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall na*e as additional insureds CITY, its elected officials. Officers, employees, and agents. All policies shall con•ain larquage, to the extent obtainable, to the effect that (1) the Insurer %lives the right of subrogation against CITY and CITY's elected officirls, officers, employees, and agents; (2) the policies are primary and rnncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such uolicies pranp:ly upr- receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for Its own account insurance not required under this Agreement. g. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTMT of any and all legal costs aid attorneys' fees, in any manner arising cut of any negligent or intentional or willful acts or emissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential da:ages, to the maximum extent permitted by law. 10. Assionrent): ho a:signment of this Agreement or of any part or obligation of performan:e hereunder shall be made, either in whole or In part, by CONSULTANT without the prior written consent of CITY. 1 %. Indeoerdent Ccntractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are Independent contractors under this Agreement and shall not be construed foi any purpose tp be �y.6- F 7 �• employees of CITY. 12 Wvernina Le,: This Agreement shalt be governed by and construed In accerdmce with the laws of the State of California. 13. 1,ttorn.,e,s. In the event an legal Instituted to emPorcc as y 9 Drcceedfng 1s y tern or provision, of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys- fees and costs from the opposing party Jr an amount determined by the Court to be reasonable. 14. Entire Agreement- �_• This Agreement supersedes any acid all other agreements, either oral or in writing, between the parties with respect to the subJect matter herein. Each party tO this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement nevi] be valid and binding. Any codificatlen of this Agreement shall be effective only if it is in writing signed by all parties. IM UITMS WHFA£GF, the parties hereto have executed this Agreement as of the day and year first set forth above: 4TAIlT CM OF RANCID CUCAM - GA n e s, ayor ATTEST: y • the et, tty erk s'g- � Date: Date: ADPreeed as to fora: rTty Attcrwly MIDIT A SCOPE OF WORK (1) Compaction testing of offsite utility trench backfill and offsite street improsements. services will consist of performing in place density tests (compaction tests), water content tests, and maximum density - optimum moisture tests at locations and a frequency selected by a representative of the City of Rancho Cucamonga. Observation of compaction methods used by the contractor Is not included in the scope of our wo -k. A written report summarizing the results of all tests performed will be prepared upon completion -f the work. The report will not be a certificate, or warranty, of the compaction of the materials tested. (2) Materials testing of asphaltic pavement. Services will Include 8veem stabl:ometer, slevr analysis and extraction tests of asphaltic pavement. Tests will be performed on materials sampled at random locations and at frequencies basedon the City of Rancho Cucamonga's requirements. Q EXHIBIT C Compensation for Ilorthtoan Phase IV I. COMPACTION TESTING s A. SAMPLING ' 1. SOILS TECHNICIAN 16 HR 41.00 656.00 2. STAFF ENGINEER FIELS 2 NR 60.00 120.00 3. PRE JOB MEETING 4 NR 10.00 280.O0 SUBTOTAL $1056.00 s B. LABORATORY TESTING I. MAXIMUM DENISTY 2 EA 60.00 120.00 i SUBTOTAL $120.00 C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 IIR 70.00 70.00 2. STAFF ENGINEER OFFICE I MR 60.00 60.00 3. SECRETARIAL 1 HR 24.00 24.00 A '! :UBTOT;. $154.00 �5 TOT1L $1330.00 II. LABORATORY 7ES7S - ASPHALT i „ A. SAMPLING ,• 1. TECNICIAN 2 HR 41.00 82.00 l p SUBTOTAL $82.00 B. LABORATORY TESTING 1. ASPHALT STABILOMETRHVEEN 2 EA 125.00 250.00 2. EXTRACTION- PERCENT ASPHALT 6 GRADATION 2 3. STAFF ENGINEER LABORATORY 1 EA NR 100.00 200.00 60.00 60.00 SU3TOTAL SS10.O0 C. ENGINEERING REVIEW ANd REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 2. STAFF HR 70.00 70.00 '.+ ENGINEER OFFICE 1 HR 60.00 60.00 }. 3. SECRETARIAL 1 HR 24.00 24.00 SUBTOTAL $154.00 TOTAL $746.00 .• GRAND TOTAL 52076.D0 -• �y EXHIBIT C Compensation for Turner Avenue Improvement Project I. COMPACTION TESTING A. SAMPLING 1. SOILS TECHHICIAH 12 HR 41.00 492.00 2. STAFF ENGINEER FIELS 1 HR 60.00 60.00 3. PRE JOB MEETING 4 HR 70.00 280.00 SUBTOTAL $832.00 B. LABORATORY TESTING I. MAXIMUM DENISTY 2 EA 60.00 120.00 SUBTOTAL $120 00 C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 HR 70.00 70.00 2. STAFF ENGINEER OFFICE 1 HR 60.00 60.00 3. SECRETARIAL 1 HR 24 00 24.00 SUBTOTAL $154.00 TOTAL $1106.00 11. LABORATORY TESTS - ASPHALT A. SAMPLING 1. TECNICIAN 2 HR 41.00 82.00 SUBTOTAL $82.00 B. LABORATORY TESTING 1. ASPHALT STABILOMETRHVEEM 2 EA 125.00 250.00 2. EXTRACTION- PERCENT ASPHALT d GRADATION EA 100.00 200.00 3. STAFF ENGINEr? LABORATORY HR 60.00 60.00 SUBTOTAL $510.00 C. ENGINEERING REVIEW AND REPORT PREPAUTI011 1. PRINCIPAL ENGINEER 1 HR 70.00 70.00 2. STAFF ENGINEER OFFICE 1 HR 60.00 60.00 3. SFCRETARIAL 1 1•R 24.00 24.00 SUBTL'iAL $154.00 TO 11 $746.00 S GRAND TOTAL $1852.00; k, RICHARD MILLS ASSOCIATES 9614 Tune A"m • ROnChO O=MONQ CQW0"V0 91730 • (714) 999.1751 March 20, 1986 City of Rancho Cucamonga Community Development Department :engineering Division P.O. Bo. 807 P.ancho Cucamonga, Ca. 91730 -0807 Attentions Mike Long Subject: Proposal for Soil Compaction and Materials Testing Services Turner Ave. improvements Rancho Cucamonga, Ca. Gentlement In response to your request of March 5, 1986, we propose to provide professional compaction and materials testing services for the subject project. We propose that charges for these services be on an hourly or teat rate basia in accordance with the attached Pee Schedule. it is estimated that the total charges will be $2,100.00. The estimated charges are based on a scope of work as indicated on the attached Estimate -Work Sheet, which is made a part of this proposal. Our professional services will include: (1) Compaction testing of offeite utility trench backfill and offsite street improvements. Services will consist of performing in place density tests (compaction tests), water content teats, and maximum density - optimum moisture tests at locations and a frequency selected by a representative of the City of Rancho Cucamonga.. Observation of compaction methods used by the contractor is not included in the scope of our work. A written report summarizing the results of all tests performed will be prepared upon completion of the work. The report will not be a certificate, or warranty, of the compaction of the materials tested. (2) Materials testing of asphaltic pavement. Services will include Rveem stabilometer, sieve analysis and FOIN]AMOM lMOe91MM0 T5 nmlo A extraction tests of asphaltic pavement. Tests will be performed an materials sampled at random locations and At frequencies based on the City of Rancho Cucamonga e requirements. This estimate is based on information given to Richard Mills Associates by the City of Rancho Cucamonga and may vary due to circumstances that may develop during the course of the work. If a change in the scope of work becomes necessary due to unforeseen conditions, which will increase the charges, we will obtain your written authorization before proceeding. Invoices for our services will be rendered upon completion of the work and are duo and payable upon rresentation. Should the duration of the job exceed one month, monthly invoices will be presented for services performed. Richard Mills Associates does not guarantee the Performance of the tested materials by performing these services. Thank you for the opportunity to submit this proposal. We look forward to working with you on this projtct. If the terms indicated in our offer are acceptable, we can begin our work upon receipt of your notice of acceptance. If you have any questions regarding this proposal please contact the undersigned Project Manager. Authorized By: City of Rancho Cucamonga By: Titles Date: Attachments: Estimate Work Sheet Pee Schedule r- • Very Truly Yours, HILLS ASSOCIATES A�.0 ndra, P.E. Manager E. Duane Lyon, P.E. President RICNARD MILLS RICHARD MILLS ASSOCIATES ESTIMATE -WORK SHEEP Proposal To: City of Rancho Cucamonga Job Description: Turner Ave. Improvements, Rancho Cucamonga, Ca. Type of Service: Compaction and Materials Testing Services I COMPACTION TESTING A. SAMPLING 1. SOILS TECHNICIAN 16 ER 41.00 655.00 2. STAFF ENGIW 3 FIELD 2 ER 60.00 120.00 3. PRE JOB MEFP1r"io 4 RR 70.00 280.00 SUBTOTAL $3056.00 B. LABORATORY TESTING 1. MAXIMUM DENSITY 2 EA 60.00 1.0.00 SUBTOTAL $x20.00 C. LNGINEERIN3 REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENGINEER I ER 70.00 70.00 2. STAFF ENGINEER OFFICE 1 RR 60.00 60.00 3. SECRETARIAL 1 BE 21.00 24.00 SUBTOTAL $151.00 TOTAL $1330.00 {' , RFCNARL MILLS 7 RICHARD MILLS ASSOCIATES ESTIMATE -WORX SHEET Proposal To: City of Rancho Cucamonga Job Dcscriptions Turner Ava. Improvements, Ran•:ho Cucamonga, Ca. Type of Services Compaction and Materials Testing Sorvices II LABORATORY TESTS - ASPHALT A. SAMPLING 1. TECHNICIAN 2 fiR 41.00 82.00 SUBTOTAL $82.00 B. LABORATORY TESTING 1. ASPHALT STABILOMETR- HVvpu 2. EXTRACTION - PERCENT 2 Et 125.00 250.00 ASPHALT 6 GRADATION 2 EA 100.00 200.00 3. STAFF ENGINEER LABORATORY 1 HR 60.00 60.00 SUBTOTAL $510.00 C. ENGINEFRING REVIEW AND PEPORT PREPARATION 1. PRINCIPAL ENGINEER 1 RR 70.00 70.00 2. STAFF ENGINEER OFFICE 1 MR 60.00 60.00 3. SECRETARIAL 1 BR 24.00 24.00 SUBTOTAL $154.00 TOTAL $746.00 GRAND TOTAL $2076.00 - Y� RK34ARD p -- .LS 11SSM r" n' SCHEDULE OF PEES AUGUST 1, 1985 I LABORATORY TESTING SOILS TEST —' ONIT COST Consolidation Expansion Index (UBC Standard 29 -2) 5 70.00 X0.00 Direct Shear Atterberg Limits R -Value 55.00 Sand Equivalent 175.00 Mechanical Sieve Analysis 35.00 Hydrometer Analysis 52.00 Maxiuum Density - Optimum Moisture 40.00 Specific Gravity 60.00 Lab Moisture Determinations 40.00 Unconfined Compression Test 8.00 Lab Density Determinations (Drive Tube) 50.00 18.00 California Bearing atio (CO Agricultural Suitability Sets of Engineers Method) 330.00 Corrosivity 70.00 Sodium Sulfate 35.00 15.00 CONCRETE, MORTAR GROUT, BLOCx:i TEST -- UNIT COST Concrete Cylinder Compression Tests S 15.00 Hold Cylinders (Not Tested) Cylinder Molds - 6" x 12" (No Charge if Tested) Splitting Tensile Tests 5.00 1.50 insulating Concrete Cylinders - Compression Tests 25.00 15.00 Insulating Concrete Cylinders - Constant Weight Gunite 15.00 Compression Tests 15.00 Concrete Flexural Strength Unit weight of cylinders 40.00 Concrete Modulus of Elasticity 15.00 Compression tests on cores - 8" maximum diameter 35.00 15.00 RICPARO MILLS ASSOC)AT&7 RICEARD HILLS ASSOCIATES, INC. SCHEDULE OF PEES AUGUST 1, 1985 CONCRETE, MORTAR, GROUT H ELOCRS (cont ued TEST UNIT COST Mix Debigna- Complete (Includes Analysis of Aggregates) Quote Mix Design. - Calculations Only 100.00 Mix Deign - Lightweight Quote Trial Batch in Laboratory Quote Concrete Shrinkage Test - (Set of 31 165.00 Coring - 7•, 40 and 6- in Diameter Quote Block Ctuapression Test 35.00 Block, 24 hr. Absorption (Min. Reg. of 5) 50.00 Block, Foibture Content 15.00 Block, Lineal Shrinkage - Rapid Method 40.00 Block, Conformance to ASTM C90 (set of 3) 275.00 Hricx, Compression 15.00 Brick, 24 hr. Absorption 15.00 Brick, 5 hr. Eoll 15.00 Brick, Modulus of Rupture 15.00 Mortar Compression Test- (20 x 4• Cylinder) 15.00 :•rout Compression Test - (3• x V Pria:,) 15,00 Masonry Cores, Compression, 8• Max. Di. -:Otter 15.00 Masonry Cores, Shear, 8- Max. Diamater 30.00 T -nsile Test - C.M.A. Method 30.00 Trimming of Test Specimens 15.00 STRUCTURAL STREL TEST UNIT COST Tension S 18.00 Head Test 18.00 Machining Coupons for Structural - Tensile and Bend 25.00 REINFORCING STEEL Tension - No. 11 or eaaller 18.00 Tension - No. 14 25.00 Sension - No. 18 35.00 Bend Test 18.00 ` R104ARD MILLS RICHARD MILLS ASSOCIATES, INC. SCUEDULE OF PEES AUGUST 1, 1985 AGGREGATE TEST UNIT COST Absorption 5 35.00 Cleaness Value - Fine or Coarse 35.00 Decantation - No. 200 17.50 Deleterious Substances Determination 56.00 Durability Test - Fine or Coarse 50.00 Fineness Modulus ri0.00 Flat and Elongated Pieces - (Per Size Fraction) 20.00 Fractured Faces - (Per Size Fraction) 20.00 Light Weight Particles 20.00 Los Angeles Rattler 60.00 Moisture Content 8.00 Organic Impurities 35.00 Percent Clay in Sands by Hydrometer 35.00 Percent Shale 35.00 Potential Reactivity - Chemical Method 100.00 Sand Equiv.lent 30.00 Sieve Analysis - Fine or Coarse 52.00 Sieve Analysis - Pit Run 52.00 Soft Particles 15.00 Soundness of Sodium Sulfate 125.00 Specific Gravity - Fine or Coarse 40.00 Weight per Cubic Foot 35.00 ASPHALT TEST UNIT COST Coring 5 Quote Mix Design (Marshall or Hveem) Quote Pavement Evaluation Quote Deflection Study (Benklemen Beam) Quote Film Stripping 35.00 Rc Factor 35.70 Rf Factor 55.00 Moisture, Vapor Susceptibility 125.00 Extraction - Percent Asphalt 70.00 Extraction - Percent Asphalt and Gradation 100.00 Stability Tests (Hveem) Set of 3 12',00 Bulk Specific Gravity (Compacted Mix) 30.00 P104ARD MILLS RICHARD KILLS ASSOCIATES, SCHEDULE OF PEES AUGUST 1, 1985 INSPECTOR - TECHNICIAN Special Inspector - Asphalt Paving Laydown Special Inspector - Asphalt Plant Special Inspector - Caissons Special Inspector - Concrete Hatch Plant Special Inspector - Concrete Placement Special Inspector - Concrete Pre - Stress Special Inspector - Gunite Placement Special Inspector - Hi Tensile Bolts Special Inspector - Masonry Special Inspector - Piling Special Inspector - Reinforcing Steel Special Inspector - Structural Steel Fabrication Special Inspector - Welding (Ultrasonic) Special Inspector - Melding (Viauul) Anchors - Pull Tests Coring (IDC1L.2en 1 Technician) Pickup and Del .cry of Concrete Test Cylinders Sampling Soils Technician, Field Soils Technician, Lab Swiss Concrete Ha— Testing Draftsman Staff Engineer Principal Civil Engineer Staff Engineer Geologist Principal Engineering Geologist Secretarial f RICHARD MILLS ASSOCIATE.- RICHARD MILLS ASSOCIATES, INC. SCHEDULE OF PEES AUGUST 1, 1985 MISCELLANEOUS RATES SERVICE RATE Overtime - Over 8 hours S 8.00/hour Subsistence - Per Diem 35.00 /day Travel Time - Hourly 41.00/hour Mobile Laboratory and Testing Equipment 200.00 /week Backhoe 55.00/bour Drill R13 (Hollow Stm Auger, Bucker Auger) 115.00/hour • These overtime rates are to be added to the standard hourly rate for the appropriat personnel charges. Our laboratory complies with the requirements for laboratory facilities detailed in ASTM E329 and is inspected biannually by the Cement and Concrete Reference Laboratory of the National Bureau of Standards. All tests are performed under the supervision of a Registered Civil Engineer. / RICWU30 MILLS RICHARD MILLS ASSOCIATES 90241wnw AV • Rm o C"Mango Caldom 91130 • (711) 500.1771 March 20, 1986 City of Rancho Cucamonga Community Development Department Engineering Division P.O. Box 007 Rancho Cucamonga, Ca. 91730 -0807 Attention: Mike Long Subject: droposal for Soil Compaction and Materials Testing Services North Town Phase IV Improvements Rancho Cucamonga, Ca. Gentlemen, In response to your request of March 5, 1986, we propose to provide professional compaction and materials testing services for the subject project. wa propose that charges for these services be on an hourly or test rate basic in accordance with the attached Pee Schedule. It is estimated that the total charges will be $1,850.00. The estimated charges are based on a scope of work as indicated on the attached Estimate -Work Sheet, which is made a part of this proposal. Our professional services will include: (1) Compaction testing of offaite utility trench backfill and offaite street improvements. Services wil3 consist of performing in place density rests (compaction tests), water content testa, and maximum density - options moisture testa at locations and a frequency selected by a representative of the City of Rancho Cucamonga.. Observation Of compaction methods used by the contractor is not included in the scope of our work. A written report summarizing the, results completion oflthe tests ork.pThe oreport will bnot be a certificate, or warranty, of the compaction of the materials tested. (2) Materials testing of asphaltic pavement. Services will include Rv3em stabilometer, sieve analysis and extraction tests of asphaltic pavement. Tests will bs aaosr 7aJ1W ' 'E'L HOW performed on materials sampled at random locations and at frequencies based on the City of Rancho Cucamonga's requiremonts. This estimate is based on information given to Richard Mills Associates by the City of Rancho Cucamonga and may vary due to circumstances that may develop during tho course of the work. If a change in the scope of work becomes necessary due to unforeseen conditions, which will increase the charges, we will obtain your written authorization before proceeding. Invoices for our services will be rendered upon completion of the work and are due and pal-able upon presentatlon. Should the duration of the job exceed one month, monthly invoices will be presented for services performed. Richard Mills Associates does not guarantee the Performance of the tested materials by performing these services. Thank yJu for the opportunity to submit this proposal. We look forward to working with you on this project. If the terms indicated in our offer are acceptable, we can begin our work upon receipt of your notice of acceptance. If you have any questions regarding this proposal please contact the undersigned Project Manager. Authorized By: City of Rancho Cucamonga By: Title: Date: Attachments: Estimate Work Sheee Pee Schedule /l Very Truly ]ours, ASSOCIATES It U / P. E. E. Duane Lyon, P.E. President RICHARD MILLS ASSOCIATES' RICHARD HILLS ASSOCIATES ES^aIMATF. -HOAR SHEET Proposal Toe CStY of Rancho Cucamonga Job Description: North Town Phase IV Improvements, Rancho Cucamonga, Ca. TYPe of Service: Compaction and Materials Testing Services I COMPACTION TESTING A. SAMPLING 1. SOILS TECHNICIAN 2. STAFF ENGINEER PIELD 3. PRE JOB MEETING 12 HR 41.00 1 HR 60.00 4 HR 70.00 SUBTOTAL B. LABORATORY TESTING 1. MAXIMUM DENSITY 2 EA SL iTOTAL C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENGINEER ? HR 2. STAFF ENGINEER OFFICE 1 HR 3. SECRETAPIAL 1 RR SUBTOTAL TOTAL 70 60.00 70.00 60.00 24.00 492.00 60.00 280.00 $832.00 120.00 9120.00 70.00 60.00 24.00 $154.00 $1106.00 RICHARD MILLS ASSOCIATES RICHARD MILLS ASSOCIATES ESTIMATE -WORK SHEET Proposal To, City of Rancho Cucamonga Job Descriptions North Town Phase IV Improvements, Rancho Cucamonga, Ca. Type of Services Compaction and Materials Testing Services ITEM. 4 ITEM QUANTITY UNIT UNIT PRICE TOTAL II LABORATORY TESTS - ASPHALT A. SAMPLING 1. TECHNICIAN 2 HR 41.00 82.00 SUBTOTAL $82.30 B. LABORATORY TESTING 1. ASPHALT STABILOMETR- HVEEM 2 EA 2. EXTRACTION- PERCENT ASPHALT : GRADATION 2 EA 3. STAFF ENGINEER LABORATORY 1 RR SUBTOTAL C. ENGINEERING REVIEW 9 n REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 HR 2. STAFF ENGINEER OFFICE 1 HR 3. SECRETARIAL I HR SUBTOTAL. TOTAL GRAND TOTAL 7/ 125.00 250.00 100.00 200.00 60.00 60.00 $510.00 70.00 70.00 60.00 60.00 24.00 24.00 $154.00 $746.00 $1852.00 RIC"PD MILLS ASSOCIATES SCHEDULE OF PEES AUGUST 1, 1985 I LABORATORY TESTING SOILS TEST -- U1JIT COST Consolidation S 70.00 Expansion Index (UBC Standard 29 -2) 70.00 Direct Shear Atterberg Limits 80.00 R -Value 55.00 Sand Equivalent 175.00 Mechanical Sieve Analysis 30.00 Hydrometer Analysis 52.00 Maximum Density y - Optimum Moisture 0.00 60.00 Specific Gravity Lab Moisture Determinations 40.00 Unconfined Compression Test 8.00 50.00 Lab Density Determinations (Drive Tube) 18.00 California Bearing Ratio (Corps of Engineers Method) Agricultural Suitability Set 330.00 Corrosivity 70.00 Sodium Sulfate 35.00 15.00 CONCRETE, MORTAR GROOT. BLOCKS TEST -- UNIT COST Concrete Cylinder Compression Tests $ 15.00 Hold Cylinders (Not Tested) Cylinder Holds - 6' x 120 (No Charge if Tested) 5.00 1.50 Splitting Tensile Teats Insulating Concrete Cylinders - Compression Testa 25.00 15.00 Insulating Concrete Cylinders - Constant Weight Gunito 15.00 Compression Tests Concrete Flexural Strength 15.00 Unit weight of cylinders 40.00 Concrete Modulus of Elasticity 15.00 Compression tests on cores - 8• maximum diameter 35.00 15.00 RICHARD MILLS ASSOCIATES PICOARD MILLS ASSOCIATE.4, INC. SCHEDULE OF PEES AUGU3T 1, 1985 CONCRETE, MORTAR. GROUT BLOCKS continued TEST WIT COST Mix Deigns- Complete (Includes Analysis of Aggregates) Quote Mix Design - Calculations Only 100.00 Mix Design - Lightweight Quote Trial Batch in Laboratory Quote Concrete Shrinkage Teat - (Set of 3) 165.00 Coring - 20, 40 and 6' in Diameter Quote Blw -k Compression Test 35.00 Block, 24 hr. Absorption (Min. Reg. of 5) 50.00 Block, Moisture Content 15.00 Block, Lineal Shrinkage - Rzpid Method 40.00 Block, Conformance to ASTM C90 (set of 3) 275.00 Brick, Compression 15.00 Brick, 24 hr. Absorption 15.00 Brick, 5 hr. Soil 15.00 Brick, Mcduius of Rupture 15.00 Mortar Compression Teat - (20 x 4' Cylinder) 15.00 Grout Compression Test - (3' x 60 Prism; 15.00 Masonry Cores, Compression, 80 Max. Diameter 15.00 Masonry Cores, Shear, 8• Max. Diameter 30.00 Tensile Teat - C.H.A. Method 30.00 Trimming of Test Specimens 15.00 STRUCTURAL STEEL TEST UNIT COST Tension 8 16.00 Bend Test 18.00 Machining Coupons for Structural - Tensile and Send 25.00 REINFORCING STEEL Tension - No. 11 or smaller 18.00 Tension - No. 14 25.00 Tension - No. 18 35.00 Bend Test 16.00 73 RKMAnD MILLS ASSOLaAlPS RICHARD ?ILLS ASSOCIATES, .RC. SCHEDULE OF PEES AUGUST 1, 1985 ACGRMATL TEST URIT COST Absorption 5 35.00 Cleaness Value - Pine or Coarse quote Decantation - :o. 200 35.00 17.50 Deleterious Substances Determination Quote Q Q Durability Test - Pine or Coarse 50.00 Fineness Modulas S0.00 Plat and Elongated Pieces - (Per Size Fraction) 50.00 20.00 Fractured Paces - (Per Size Fraction) 20.00 Light Weight Particles 100.00 Los Angeles Rattler 2 0.00 20.00 Moisture Content 8.00 Organic Impurities 35.00 Percent CIBY in Sands by Hydrometer 35.00 Percent Shale 35.00 Potential Reactivity - Chemical Method 100.00 Sand Equivalent 30.00 Sieve Analysis - Fine or Coarse 52.00 Sieve Analysis - Pit Ran Soft Particles 52.00 Soundness Of Sodiv Sulfate 15.00 125.00 Specific Gravity - Pine or Coarse 30.00 Weight per Cubic Foot 35.00 ASPEALT TEST DRIP COSY Coring Mix Desion (Marshall or Hveem) S Quote Pavement Evaluation quote Deflection Study (Benklemen Hearn) Quote Film Stripping Quote Q Q Ec Factor EL Factor 35.00 Moisture, Vapor Susceptibility 55.00 125.00 Extraction - Percent Asphalt 70.00 Extraction - Percent Asphalt and Gradation 100.00 Stability Tests (Uveem) Set Qf 3 125.00 Balk Spa -ific Gravity (Compacted Mix) 30.00 7 / PX34 -V D MU.S ASSOOATES RICHARD HILLS ASSOCIATES, INC. SCHEDULE OF PEES AUGUST 1, 1985 II PERSONAL SERVICES INSPECTOR - TEC`iNICIAH SERVLCE HOURLY RATE Special Inspector - Asphalt Paving Laydewn S 41.00 Special Inspector - Asphalt Plant 41.00 Special Inspector - Caisso.:J 41.00 Special Inspector - Concrete Batch Plant 41.00 Special Inspector - Concrete Placement 41.00 Special Inspector - Concrete Pre - Stress 41.00 Special Inspector - Gunite Placement 41.00 Special Inspector - Hi Tensile Bolts 41.00 Special Inspector - Masonry 41.00 Special Inspector - Piling 41.00 Special Inspector - Reinforcing Steel 41.00 Special Inspector - Structural Steel Fabrication 41.00 Special Inspector - Welding (Ultrasonic) 45.00 Special Inspector - Welding (Visual) 41.00 Anchors - Pull Tests 40.00 Coring (Includes 1 Technician) 60.00 Pickup and Delivery of Concrete Teat Cylinders 41.00 Sampling Soils Technician, Field 41.00 41.00 Soils Technician, Lab 41.00 Swiss Concrete Hemmer Testing 41.00 ENGINEERING - OFFICE PERSONNEL HOURLY RATE Draftsman S 41.00 Staff Engineer 0.00 Principal Civil Engineer 6 60.00 Staff Engineer Geologist 60.00 Principal Engineering Geologist 70.00 Secretarial 24.00 75 RIrWARD MILLS RICHARD -MXL:S ASSOCIATES. INC. =SCHEDULE OY'EEES .;AUGUST 11 1985 MISCELLANEOUS RATES SERVICE RATE -.Overtime -.Over 8 hours 5 8.00/hour = Subsistence --per-Diem 35.00 /day ^,TraVal-Tima - Hourly 41.00/hour - *Mobile I.sboratory- and Tes•,iug Equipment 200.00 /week asnekhoe 55.00/hour =Drill Rig (Ho11ow.Stem Auger, Bucker Auger) 115.00/hour �• These overtime rates are to be added to the standard hourly rate for the appropriate personnel charges. Our laboratory complies with the requirements for laboratory -facilities detailed in ASTM E329 and is inspected biannually by the &ement and Concrete .Reference Laboratory of the National Bureau of Standards. All tests are performed under the supervision of a aegistered Civil Engineer. m %� R1CRARD MILLS ];Vi :,0D alV56Wr h2;s/ G CITY OF RANCHO CUCAMONGA STAFF REPORT DATE April 2, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Approval of Professional Services Agreement with Neste, Brudin & Stone, Inc. for the perfo.*mance of professional services with respect to construction management, inspection and staking for North Town - Phase IV and Turner Avenue Improvement Projects for the amount of $32,000.00 to be funded from HUD and Gas Tax Funds In conjunction with the subject projects, consulting services are required for inspection and surveying. Neste, Brudin & Stone has submitted a combined proposal of $29,096.00 for services necessary to cover subject projects. RECOMMENDATION It is recommended that City Counril accept the proposal from Neste, Brudin & Stone, execute the Professional Services Agreements, and authorize the Finance Director to expend $32,000.00 (combined proposals of $29,096.00 plus $2,904.00 contingencies) for said services to be funded from HUD and Gas Tax Funds. Respectfully submitt d, LBH:H :sr X14 7 7 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this ��day Of 1g , between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY') and Neste. Brudfn h Stone (hereinafter referred to as 'CONSULTANT'). A. Recitals. (t) CITY has heretofore issued its Request fo— Proposal Pertaining to the performance of professional services with respect to construction management. Inspection and statin, for North Town - Phase IV and Turner Avenue Improvement Projects ('Project* hereafter). (il) CONSULTANT has now submitted Its proposal for the performance of such services. (III) CITY desires to retain CONSULTANT to perform professional services ..c- essary to render advice and assistance to CITY, City Council and staff in the completelva if Prrject. (Iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NON, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement, 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: -I- (a) Project: Construction Management, Inspection and Staking described in Exhibit "A" Scope of Services hereto Including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, bot., --al and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work _essions, Public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be porformed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all phr;es u` the project, including any and all procedures, development plans, COPS. surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance is set forth in Exhibit 00" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" and applicable with Federal, State and CITY statues, regulations, ordinance; and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply originals of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CIT' within the time specified In Project Scheduled, Exh +bit "B ". Copies of tha documents shall be in such numbers as are required by Exhibit W. CITY may thereafter review and forward to CONSULTANT comments _2 regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and to the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTAtIT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT. be necessary to comply with the terms of this Agreement. in the event any such other persons are retained by CONSULTANT. CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT the sum outline in Exhibit W for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, Including the work of employees, consultants and subcontractors to CONSULTANT. ?ayment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit 'C'. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed In Exhibit •C• either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- c� a event, however, will said invoices exceeg 95; of individual task totals described In Exhibits 'A' and 'C'. (:) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplement technical documents, as described here'. acceptable in form and content to CITY. i final payment shall be made not later than 60 days after Presentation of final documents and acceptance thereof by CITY. (d) Additional services. Payments for additional services requested, in wrfttng, by CITY, and not included in the Scope of Services as set forth in Exhibit W hereof, shall be paid on a reimbursement basis in accordance with the fee schedule at forth in Exhibit 'C'. Charges for additional services shall be Invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4 CITY agrees to erOyIde to CONSULTANT: (a) Information and assistance as set forth in Exhibit 'A' hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT'S responsibility to make all Init4a) contact with respect to the gathering of such Information. -4 1& / 5. Ownership Of All documents, data, studies, surveys, drawings, map!, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT. Such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the sito intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to holy harmless and indemnify the COISULTA14T against all damages, claims and losses including defense costs ar sing out of any such alteration or revision, 0r use or reuse at another site by the CITY , its staff or authorized agents. S. Termination: This agreement may be terminated by CITY upon the giving of a written 'Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "0", on a pro_ rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than r the maximum specified in paragraph ] a ( ). above. CONSULTANT shalt provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, 1n yy, photographs and reports, whether In draft or final form, prepared by , CONSULTANT as of date of termination. CONSULTANT may not terminate this A9r..tment except for cause. 7. Notices and Designated Representatives. Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7 The below named individuals, furthermore, shall be those persons primarily responsible for the performan;e by tte parties under this Agreement: John K _ ^ens *ra. Principal Engineer, Neste Brud'n • Stone LMonte Prescher. Public *ark, Sn ineer. City of Rancho Cucamonga Any such notices, demands, invoices and written communications, by mail, shall be deemed to hove been received by the addressee forty -eight (48) hours after deposit thereof In the United States mail, postage prepaid and properly addresser as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all Insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on o subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all tines during the term of this Agreement the following policies of Insurance: ':R13 (a) Worker's Compensa to�insuranee: Before beginning work. CONSULTANT shall furnish to CITY a certificate of insurance as oroof that it has taken out full workers' compensaton insurance for all persons whom t it may employ directly or through subcontractors in carrying out the work `i specified herein, in accordance with the laws of the State of California. ':R13 In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to co=encing work, shall sign and file with CITY a certification as follows: 'I am aware or the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions Of that Code, and I will comply with such orovisions before cotmencing the performance of the work of this Agreement'. (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense. CONSULTANT shall keep, or cause to be kept, in fail force and effect, for the mutual benefit of CITY and CONSULTANT, ,-.prehens!se, broad form, general public liability and automobile incuran,a agair,t cldims and liabilities for personal injury, death, or property damage arising from CONSULTAIIT's activities, providing protection of at least Five Hundred Thousand Dollars ($500,000.00) for bodily Injury or death to any one person or for any one accident or occurrence and at least Five Hundred Thousand Dollars (5500,000.00) for property damage. (cj Errors and Omtssto_ ns: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ('malpractice') providing protection of at least One Million Dollars (11,000,000-00) for errors and omissions (*malpractice*) with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) Genera_ 1 I_ nsurance pegulrements: All insurance required by express provision of this Agreement shall be carried only in •7_< responsible insurance Companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the Insurer waives the right of subrogation against CITY and CITY's elected otficials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially Changes except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall Cafeef, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal Costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Asslanment): No assignor -nt of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that C0113ULTANT and its employers, officers and agents are independent contactors under this Agreement and shall not be construed for any purpose to be _8.9S i employees of clTT. 12. Governing Law: This Agreeant shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fear In the event any legal procetdiag is Instituted to enforce any term or provision of the Agreement, the prevailing Party in said legal proceeding shall be entitled to recover attorneys' fees and Costs from the opposing party in an arount determined by the Court to be reasonable. 14. Entire Agrenent: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subJect setter herein. Each party to this Agreement actnowledyes that no representation by any Party which is not cobodied b_rein nor any other agree=nt, sUtement, or Prmise Out contained in this Agreeoent shall be valid and binding. Any modification of this Agreement shall be effective only If it is in writing signed by all parties. III wITMESS *U.E.OF, the parties hereto have executed this Agreement as of the day and year first set forth above. CDMSOLTAMT v � CITY OF RMCHO CIICAMORGA 70-5-1-3-mm—ems. Mayor ATTEST: Bever y A. Aotbe et, sty C ert Date: 4ZLI Date: Approved as to fora: ty ttmrney t -9- rL 1 EXHIBIT A SCOPE OF UM Construction Management - Pre - Construction Confere=e - Pay Estimates - Contract Change Orders - Labor Compliance Enforcement - Final Report - As -Built D— Brings Inspection - Full -Time Inspection and Doweotation of Yrok - Enforcement of Traffic Control Requirements - Before and After Photographs `IXFIIBIT_B ,&WwAW%,DCK ork .-will= VfoU .Pw•the =course of project construction. 71swb EXHIBIT C COMPENSATION Compensation is proposed on an hourly basis per attached rate schedule. Estimated costs, assuming a six (6) week concurrant construction period for both projects, is as follows: IV CONSTRUCTION STAKING (2 -Man Construction Management TASK ESTIMATED Construction Manager 40 Mrs. @ $65.00 $2,600 - Office Engineer 12 Mrs. @ 51.50 618 Administrative Secretary 16 Hrs. @ 34.00 544 ' Drafter 16 Hrs. @ 43.00 688 Mileage 1,000.00 Catch Basin stk. 2 500 Total Construction Management $4,950 Inspection Senior Inspector (30 days) 240 Hrs. @ $50.00 512.000 Mileage 800 Totoal Estimated Fee $17,750 CONSTRUCTION SURVEY PROPOSAL CITY OF RANCHO CUCAMONGA NORTRTOWN -PHASE IV CONSTRUCTION STAKING (2 -Man Survey Crew) TASK ESTIMATED RATE OER ESTIMATED STREET (1 SET) HOURS HOUR COST Eighth Curb Stk.(25') 5 $125.00 $625.00 Catch Basin Stk. 2 1/2 125.00 312.50 CMP 1 112 125.CO 187.50 Belmont Curb Stk.(25') 8 125.00 1,000.00 Catch Basin stk. 2 125.00 250.00 Retaining Curb Stk. 2 125.00 250.00 Acacia Curb Stk.(25') 8 125.00 11000.00 Header 5 A.C. Berm Stk. 2 125.00 250.00 Centerline Control d Reset 8 125.00 1,000.00 Survey Supervision 6 58.00 348.00 Survey Research 4 50.00 200.00 TOTAL. ESTIMATED COST FOR NORTH TOWN -PHASE IV PROJECT: $5.423.00 86 0-- i .. Exhibit C (coat.) CONSTRUCTION SURVEY PROPOSAL CITY OF RANCHO CUCAMONGA TURNER AVENUE CONSTRUCTION STAKING (2 -Nan Survey Crew) TASK ESTIMATED RATE PER ESTIMATHEO STREET (1 SET) HOURS HOUR COST Turner Curb Stk. 8 $125.00 $1.000.00 E.P. Stk. 4 125.00 500.00 Ret. Nall Stk. 3 125.00 375.00 Catch Basin 2 125.00 250.013, 21' RCP 2 125.00 250.00 Feron Curb Stk.(B'CF) 2 125.00 250.00 Retaining Curb Stk. 2 125.00 250.00 Main Curb Stk. 4 125.00 5001.00 Sewer Stk.(25') (Mainline 8 Laterals) 6 125.90 750.LYJ . Centerline Survey Control 2 125.00 250.00 Centerline Control S Reset 8 125.CO 1.000.00 Survey Supervision 6 58.00 343.00 Survey Research 4 50.0 200.00 TOTAL ESTIMATED COST FOR TURNER AVENUE PROJECT: SS.lQ3.00 E `l NESTE, BRUDIN & STONE INCORPORATED rn .w•. -. .rnas • W" •n coro . February 25, 1986 Lloyd B. Hubbs City Engineer City of Rancho Cucamonga 9320 C Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 CONSTRUCTION MANAGEMENT PROPOSAL NORTH TOWN-PHASE IV AND TDRA'ER AVENUE PROTECTS Engineers • Planners cu.'.. . v,,I a.e...o.e Over the past several weeks we have discussed providing Construrtion Management Services to the City of Rancho Cucamonga. At our February 19th meeting in your office a proposal was requested for the above referenced projects. Neste, Brudin b Stone Incorporated will provide these services on an hourly basis in accordance with the attached "Schedule of Hourly Billing Pates% It is understood that these are federal aid pro- jects regoirin• special attention regarding wage rates, Disadvan- taged and Women's Business Enterprises, and federal labor standards. SCOPE OF WORK Construction Management • Pre- Construction Conference • Pay Estimates • Contract change Orders • Labor Compliance Enforcement o Final Report • As -Built Drawings Inspection • Full -Time Inspection and Documentation of Work • Enforcement of Traffic Control Requirements • Before and After Photographs SAN DIEGO . CAN @[AWARDING • N(yET 82 m Lloyd B. Hobbs City of Rancho Cucamonga Construction Management Proposal February 25, 1586 Page 2 Soils Testing and Plant Inspection O By Others Construction Staking o Either by Others or by NBS on an hourly basis as negotiated at a later date COMPENSATION Compensation is proposed on an ho•irly basis per attached rata schedule. Estimated costs, assuming a six (6) week concurrent construction period for both protects, is as follows: Construction Management Construction Manager 40 Hrs. @ $65.00 $ 2,600. Office Engineer 12 Hrs. @ 51.50 610. Administrative Secretary 16 Hrs. @ 34.00 544. Drafter 16 Hrs. @ 43.00 688. Mileage 500. Total Construction Management Inspection Senior Inspector (30 days) Mileage Total Inspection $ 4,950. 240 Hrs. @ $50.00 $ 12,000. 800. $ 12,800. Total Estimated Fee I1 EtnLa $ 17,750. 1 Llovd B. Hubbs City of Rancho Cucamonga Construction Management Proposal February 25, 1986 Page 3 QUALIFICATIONS Neste, Brudin s Stone Incorporated is providing Construction Management services from our Corona office on a variety of Projects throughout Southern California. These include HUD funded projects such as North Town -Phase IV and Turner Avenue; Assessment District projects; Caltrars funded projects for freeway related utility relocations; Fed- eral Aid Urban projects; and Inspection services for the U.S. Navy at China Lake Naval Weapons Center. A list of current projects and references will be furnished upon request. The scope of work, and hours are estimated from the best infor- mation available at this time. After receipt of the contractors schedule these numbers can be adjusted to fit actual contract time and desired work coverage. [ SI M NESTEI BRUDIN & STONE Engineers Planners INCORPORATED a SCHEDULE OF HOURLY BILLING RATES Effective August 1, 1985 OFFICE FNGWEERING Spacul Conw6ant E.pm Wdneu 512.500 Pn nnpal Censuham 12500 Pmpct Dwmw 9000 Semen Pnncgd Engweer 6900 Pnncryal Engueer 69 OD AmuannPnrcgal Engine° 65 W Sent 6000 Engineer 5000 Gm;ogm 5150 Af err Ergram 5150 Amwa Eng,neer 4750 PLANNING 4200 Pnwc Awmam Afnfbm Pnncpal P11I1nR 6500 Samar Planner 60 00 Planner 5800 Amw Plannrt 5150 Afvfum Planner 4950 DESIGN RAF�iNG a2 OD D K ms Ikn4 Sanar Davgr.r 49 e0 Srmor halter 4750 Matter 4300 Dohntm 4200 E.T mprfearwy Aide 7400 2450 FIELD- CONSTRUCTION MANAGEMEM Pra,,cqW EnS'neer Senor ReWm Eeng,naer 65 00 Sanwa P,qm Reprefenu rve 58 68 00 Reudant Er�nm OD R(rytct Repuunuthe 51.50 5350 � Impectec+Reprnmumv �pK 2 75. DuM Salary SURVEYING 2 75 a Dima Sal" Pnnepal Surveyor Awfum Pnrcpd Surveyor 6500 SwyhhEEaugmem SSi, Tavel Tme— Wan N Mass d 63 hqua a keM perdayl 5588000 0 282 c Dveer Salary 141 a Dut salary d SERVICES AND EXPENSES: Computer Caneal Pracmrg Una (CPU) Conwi Tme par Haw 15C /Sd econ My nn 150 /100 srm Computrt A,ulyft 2500 Rrgbmmer 65 00 Techmcun 4750 Rnearcher Procefor 4200 Eaacutrvr end AdmmfuN,ve Seerrmry 7400 Data Enby pa 00 Se u,,Cln4 24.50 In hmw Reproducuon 2cost Subwence 284/MJe Other E.par us — bwludug O:hrr, Conmeans Cost and Purchesel Services through Sutcvnpactf Cod ♦ 309 W �..wr...i.a.wr. +...w.+ n... W.....re......hn rr,..... a..... s.r +.r+r.n.... M ,IF `fh'L1 rHIR(�.eY.eblwA �aar�n ,.wryati YOM W Y brMTIw�.MrFwrws '� 9D CONSTRUCTIbri SURVEY PFOPOSAL CITY OF RANCHO CUCA.YONGA NORTH TOWN -PHASE IV CONSTRUCTION STARING (2 -Han Survey Crew) TOTAL ESTIMATED COST FOR NORTH TOWN -PHASE IV PROJECT: $5,423.00 TASK ESTIMATED RATE PER ESTIMATED STREET (1 SET) HOURS HOUR COST Eighth Curb Stk (251) 5 $125.00 $ 625.00 Catch Basin Stk. 2y 12S 00 312.50 CXP 1y 125.00 187.50 Belmont Curb Stk (251) 8 125.00 11000.00 Catch isin Stk. 2 125 00 2E0.00 Retaining Curb Stk. 2 125 00 250.00 Acacia Curb Stk.(251) 8 125 00 31000 00 Reader 6 A C. Berm Stk. 2 125 00 250.00 Centerline Control S Reset 8 125.00 11000.00 Survey S•.pervision 6 58 00 348 00 Survey Research 4 50.00 200.00 TOTAL ESTIMATED COST FOR NORTH TOWN -PHASE IV PROJECT: $5,423.00 CONSTRUCTION SURVEY PROPOSAL CITY OF RANCHO CUCA.'lO:7GA TURNER AVENUI Ct95TRUCTZON STAKZ'.YG (2 -Nan Su -^Vev Crew) ST22^ (lTS T) ESTIMATED RATE PER HOUR ESTIMATED COST Turner Curb Stk, E P. Stk. ' Rec. Wall Stk, Catch Basin ' 21" RCP 8 3 2 $125.00 125 00 12500 $1,000.00 500.00 375.00 250.00 250.00 Feron Curb Stk.(8 "CF) Retaining Curb Stk 2 2 125.00 125 00 250.00 250.00 Main Curb Stk. Sewer Stk.(25') 4 125.00 500.00 (Mainline 6 Laterals` 6 125.00 750.00 Centerline Survu_V Control 2 12S 00 250.00 Canterline Control S Reset 8 125.00 1,000.00 Survey Supervision 6 58.00 340.00 Survey Research 4 50.00 200.00 TOTAL ESTIMATED COST FOR TURNER AVENUE PROJECT: $5,923.00 9a DATE: T0: FROW: BY: - CITY OF RANCHO CUCAMONGA STAFF REPORT` April 2, 1966 City Council and City Manager Lloyd 8. Hubbs, City Engineer Monte Prescher, Public Works Engineer SUBJECT: Approval to award Residential Street Rehabilitation 1985.86 Phase I Project Contract to I.P.S. Services Incorporated, the lowest, responsible bidder Per previous Council action, bids have bren solicited and received for the subject project which consists of street repair and replace patching, skin patching, crack sealing, and slurry sealing. The bid documents have been reviewed by staff and the apparent lowest, responsible bidder is I.P.S. Services Incorporated for the amount of $38,718.20. The engineer's estimate is $60,600.00 (see attached bid summary). The subject project 15 to be funded by SB 300. It is rec000enoed that City Council accept ail bids as submitted and award the Residential Street Rehabilitation 1995 -86 Phase I Project Contract to I.P.S. Services Incorporated for the amount of $38,718.20 JLBH lly sudoitt d, Attach ment 93 � � \j \�� k) l - = -; ! I� /?) } ,ek; _ ( - i § §§ |( { ; kks�- }�� $ i \ �§§ {${ |§ � �wks - , �_ ;� -_ \k � �{ ( §(( §k� . � : kE . � /. } [�/ , kj(kt�[` ' ' {} - ;� ; ;=�a- �§(2( - � ; ;kk =" �� / | � CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: April 2, 1986 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Approval to award Korth side of Foothill Blvd. (China Alley) Contract to DeArmond Construction, inwest, responsible bidder Per previous Council action, bids have been solicited and received for the subject project which consists of street Improvements and widening (A. C. paving, curb 6 gutter, sidewalk, etc.) and underground conduit construction. The bid documents have been reviewed by staff and the apparent lowest, responsible bidder is DeArmond Construction for the amount of $13,647.90. The engineer's estimate is 517.600.00 (see attached bid summary). The subject project is to be funded by Developer's Surety ($16,070.00 an file) and Systems Fees if necessary. RECUR VIDAnON: It is recommended that City Council accept all bids as submitted and awaM the North side of Foothill Blvd. (China Alley) Project to DeArnond Construction for the amount of $13,647.90. Respe tfully ubmitt , LBN: sr Attachment 9s ■ [ {2 � .,- ■!�!�! | El k ; ; . e � F| § t {/6 66 §k 5 ��.kkk�3s ; | ; k dk §d §§dk} ; ||; ;k |� ; §||| , 5�4 6 5k 6 .; , 661. lr�e72= ..5.,..: ,�k� / � ` — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Varian Vartanian, Associate Civil Engineer . r ran SUBJECT: Approval of an Agreement between the Cities of Rancho Cucaaonga, Upland, and Ontario for upsizing of a proposed storm drain system on Grove Avenue Attached for City Council approval is an agreement between the Cities of Rancho Cucamonga, Upland, and Ontario for City contributions toward upsizing of a storm drain system on Grove Avenue proPosed in conjunction with a housing development in the City of Upland near the boundaries of the above cities. Per the agreement, the City of Upland will cause the upgraded work to be done by the developer of said housing project with the increased costs being divided three ways and contributed by each of the Cities ;n to a sum of $29,418.00 for each city. The upsizing of the proposed storm drain system will address this City's storm relatedpr blemsi�xperienccccdnby the GCities vofuUpland and lOntario aduring imajor storms. This upsizing will further negate substantial future duplication work. RECOMMCMDATIOM It is recommended that City Council approve the attached agreement and authorize the City's contribution of $29,418.00. Respectfully submitted, LBN:VYa4Y Attachments ' J nl/7 This is an agreement between City of Ontario, hereinafter sometimes called, Ontario, The City of Upland, hereinafter sometimes called, Upland, and The City of Rancho Cucamonga, hereinafter sometimes called, Rancho, all of which are municipal corporations duly incorporated in pursuance to the laws of the State of California made this _day of , 1986 RECITALS The developers of a multi — housing project in the City of Upland known as Tract 11827 have heretofore submitted a design for drainage structures commencing in the vicinity immediately north of the Santa Fe railway tracks crossing Grove Avenue southerly to the intersection of Grove and Eighth Street and vest on the northerly side of Eighth Street approximately 1320 feet to the storm drain channel. These drainage structures require the removal and replacement of AC pavement, the construction of thirty (30) inch pipelines, an outlet structure per San Bernardino County Road Department specifications, the construction of a manhole per the City of Ontario specifications, and forty —two (42) inch steel casing across the railroad tracks, construction of a type 8A -3a catch basin, twenty —four (241 inch RCP, the placing of Rip Rap, relocation of a ten (10) inch water main and some striping, all of which was estimated to cost approximately 8129,720.00 in pursuance to the preliminary cost estimate dated April 12, 1985 attached hereto as Exhibit 'A•. -t -9e It is deemed to be in the best Interests of the three cities above named that the Grove and Eighth storm drain structures set forth above be increased in size for the purpose of draining nn' only Tract 11827 and its immediate environs, but other territories tributary to the structure. The hydrology studies indicate that appropriate size of drainage structures for that area should b2 increased from thirty (30) inches to forty -eight (48) inches, a.0 the steel casing should be increased from forty -two inches to sixty (60) inches. A preliminary cost of the upsizing of the storm drain is attached as Exhibit '8' dated April 12, 1985 and totals $208,305.00. The present plans and specifications for the final work on the storm drain to be accomplished are on file with each of the cities and are known as Storm Drain craving No. SU- 81 -15. It has been agreed between the Cities that the cost of upgrading the drainage structures to accommodate the increased flows up to the sum of and not to exceed 088,254 00, which will be divided three ways and contributed by each of the cities in the sum of 029,418.00 each, as shown by a differential calculation for upgrading set forth as Exhibit 'C', attached hereto and by reference ircorporated herein. The City of Upland will cause the upgraded work to be done by the subdivider as a part of the work being already accomplished by the subdivider of Trac, 11827 and as an addition thereto. NON, THEREFORE, it is agreed between the parties as follows$ - 2 - �q I . The City of Upland will cause the storm drain wo.k to be done under the terms and conditions of the agreement it now Possesses for offsite improvements of Tritt 11827 to be upgraded and constructed in pursuance to the plans and specifications filed with each of the cities and designated above 2. This work of improvement shall be done in conjunction with the storm drain work required to be done by the developers of Tract 11827. At such time as the work has been accomplished in pursuance to said plans and specifications Ontario and Rancho will each contribute to Upland, the sum of $29,618.00 2. The City of Upland agrees to conduct all inspections that pertain to the storm drain structure Itself, exclusive of pavement repair, to the end that the storm drain project as contemplated complies with all the applicable building and construction requirements of the jurisdictions in which the storm drain is constructed and to rubmit the results of said inspections upon request of either of the cities. a. The City of Upland agrees to procure from the subdivider who will be doing the work of improvement such liability insurance in pursuance to its normal requirements for the construction of offsite improvements requiring the contractor to protect the work as it progresses and will accomplish the work In a diligent manner. S. It is understood that the subdivider of Tract 11827 Shall be the procuring cause of the construction of the upgraded storm drains and that said subdivider and his contractor shall have no relationship as agent or employee to any of the Cities. It is further understood that this is an agreement calling for the contribullon only of funds for the benefits derived and that the Cities are not requiring the increased sizing of the storm drain but requesting the increase as a work of improvement which would be in the best interests of all the cities The accomplishment of the work now would further negate substantial duplication efforts. G It is agreed that all the 48 -inch line which is set forth In Storm Drain Drawing No SD -81 -1S consisting of the 18 -inch storm drain shall be maintained by the City of Upland in a free and open condition during the life of the 48 -inch storm drain. The City of Upland will maintain that portion of the sto.m drain which lies in the City of Rancho Cucamonga, commencing approximately SO feet north of the north line of the right -of -way as shown in the drawings; and the City of Upland shall maintain that portion of the storm drain which lieu in the ' City of Ontario, commencing at the north right -of -way line of said railway and continuing to and including the terminus of said line at the flood control basin. R Each of the cities grants to the City of Upland such rights of ingress and egress as may ne required to ma:ntain, construct or reconstruct said storm drain during the time that maintenance is required by the City of Upland. - 4 - 161 w 7 This agreement, is binding upon the heirs, successors and assigns of the parties hereto. IN WT *NESS WHEREOF, the parties have hereto executed this agreement as of the year and date first above written ATTEST; CITY CLERK ATTEST; CITY CLERK ATTEST; CITY OF UPLAND MAYOR CITY OF ONTARIO MAYOR CITY OF RANCHO CUCAMONGA JEFFREY KING MAYOR 6EVERL APPR05D AS TO FORM: CITY CLERK ' CTT�� Si' — 5 — ' Y /IV /UI t EXHIBIT "A" Tract 1182) PRELIMINARY COST ESTIMATE EXISTING DESIGN UNIT YOTFC ITEM QUANTITY UNIT COST COST Remove and replace A.C. pavement 270 Ton 40.00 $lO,a8O. 30" RCP (1500 -D) 1294 LF 70.00 90,580. Outlet Structure per SBCRd Oept.Stds. 1 EA 1,000.00 1,000. Construct M H /2 per City of Ontario Stds 3 EA 2,000.00 61000. 42' steel casing ( 563" thick) 50 LF 275.00 13,750. P.0 C. Collar 1 FA 9DO 00 900. Construct Type "A -3" Catch Basin 1 EA 1,750.00 1,750. 24" RCP 13 LF 62.00 810. Place rip rap LS 1,000. Relocate 10" water main LS 1,750. Striping LS 1,500. Cost of Construction from 7 +54 to 20+62 $129,720. /a.3 4/12/85 City of Upland EXH181T "0" Grove /8th St. - UPsizing Storm Drain . PRELIMINARY COST ESTIMATE ITEM UNIT L QUANTITY UNIT COST COST Remove and replace A.L. pavement 48" RCP (1500 -0) Outlet Structure per SBCRd Dept. Sidi. Construct H.H i2 per City of Ontario Stds 60" steel casing (0.563° thick) Junction Structure Place rip rap Relocate 10" water main Striping 300 Ton 40.00 $12,000. 1294 LF 120.00 155,180. 1 EA 1,203 00 1,200. 3 EA 2,000.00 6,000. 50 LF 330.OQ 16,500. 1 EA 1,500.00 1,500. LS 1;500. LS 1,800. LS 1,500. Cost of Construction from 7+54 to 20+62 Now 20+62 to End 16" RCP (1500 -0) 25 21' RCP (1500 -0) 48 AC Remov,l and repair 3 A -2" Catch Basin 3 A -3" Catch Basin 1 (ax Sub -total $'37,280. LF 55.00 1,375. LF 60.00 2,280. Ton 40.00 120. EA 1,750.00 5,250. EA 2,000.00 2,000. Sub -total Grand Total $11,025. $208,305. rY 1/24/66 EXHIBIT "C" Tract 11827 A Differential Equation in the Upsizing of the Storm Drain. ITEM COST From 30' to 48" RCP SE2,763. 21' RCP 4,235. Manhole 04 1.851. Type A -2 Catch Basins 5,960. Manhole /2 933 Outlet Structure 640. 62' Casing 9,350. Overlay 1" x 12' 638. Trench Patch 600, Relocation of 8" Water Plain 1,284. TOTAL $88.254. $88,254 divided by 3 cities Q $29,418. /0.5— lG CITY OF RANCHO CUCAD1vNGA STAFF REPORT DATE: April 2, 1986 TO: City Council arJ City Manager FR071: Lloyd Hum , City Engineer SUbJECT: Release of Bonds and Notice of Completion Tract 9472 - located on Heather and Halstead DEVELOPER: Boulevard Development 777 S_ Main Street, Suite 106 Orange, California 92668 Release: Faithful Performance Bond (Road) $68,000.00 The required road improvements have been installed and it is recommended that Council accept said improvements, adopt the attached resolution authorizing the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of $68,000.00. Parcel Map 4511 - located on Industrial Lane and Feron DEVELOPER.: Sabastian Fflpi 1294 Quince Avenue Upland, California 91786 Release: Monumentation Bond $1,70D.00 The monuments for Parcel Map 4511 have been set and the Engineer has been paid. It is recommended that Council authorize the release of the Monumentation Bond in the amount of $1,700.00 Re,pectfuilv Submit ed, /a6 tlEC0MMUS RO/OTEO n: CM OF RANOO OPCOIOROA P. 0. Sax 6dt Ranry.0 Cucaata A. Calif"la 91710 IOC. KWUC1 PAIL TO: CITY CLp% CITY A RAOCO CLVUW.A P. 0. boa 601 RV4ha Cucamtga, Ca ?,rota 91710 NOTICE OF COKLET76R NOTICE IT HUM CI9ER TMT: 1. The undersigned IF a Often of m lattrast pr ntata 10 tlwl hereinafter described Mal PWCAY, the eatve of WhiCh fatnest W Olatn is: TRACT 9172 2. The full am and ad&tss of the wdertlgned otanr It: CM OF RARDO CDCVVSGA. WJ-C bau L!" Road. F. 0. !u 877. Rartln Cxwes". Callforela 91770. 2 On the 2ud day of A9r11. 1996, then was atVitted m 116 hrelasfter described real property the wort of lmprvrestent set forth f0 L' ntract documptts fpr: TRACE 9172 /. The nix of elf original contractor for the work of improvement as a 16016 was: WAITAR) GEYTIO11"T S. The "at wooerty rife a to Lein Is situated It the City Of R&WjQ Cecneonga, Cwdy of Sm CQOardi^ Callferals, and Is dtl >lbed 0 follows: LOCATED d HEATHER AND KU47M CITY Of SAMM CeKUM%. a sualclpwl contras /on. Ow a�6ii 7 LOS~ RESOLUTION No. F(, --) s A RESOLUTION OF THE CITY COU11CIL OF THE CITY OF RANCHO CUCANOdCA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9472 AND AUTHORIZING ThE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Trect 9472 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the nark complete. the City EnngineerR1sORautho authorized tolVign ndifile a NoticehifeCompletion with the County Recorder of San Bernardino• County. PASSED, APPROVED, and ADOPTS) this 2nd day of April, 1986. AYES: HOES: ABSENT: e rey ng, ayor ATTEST: very t ee, Yff y er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do foregoing uclmng,eaapproved, andadopte by the City Council th C'ty of Rancho Cucamonga, regular (special, adJourned) meeting of said City Council held on the 2nd day of 4pril, 1986 Executed this * day of *, 19** at Rancho Cucamonga, California. Beverly A. Tu—tFcTe—t-.-ZTtyM—erV laS e 01 CITY OF RMCHO CUQUIONGA STAFF REPORT DATE: April 2, 1986 T0: City Council and City Manager FROM: Lloyd 9. Hubbs, City Engineer SUBJECT: Approval of Professional Service , Agreement with DAVE Systems to prepare facilities needs study and evaluation of City Corporation Yard Attached for Council approval is an agreement with DAVE Systems to prepare a needs analysis and feasibility study for the development or acquisition of a new City Corporate Yard. The contract involves the analysis of a City program now and in the future, development of site regalrements and detailed defivitlui of major building and equipment requirements for the next five years. The agreement also includes provisions to analyze an existing site at 11155 Jersey Blvd. This site was recently on the market and appeared to bm. do excellent potential site. Subsequent to preparation of the agreement, this site was sold, if the sale proceeds, Task 3 of the contract would not be authorized and the budget Is reduced from 59,738.00 to $7,975.00. Sonsiderlp the large Increase to mainterance op2rations in thecoming year, assitance in loating and developing a new Yard is vital. RECOMMENDATION It is recommended that Council approve a Professional Services Agrewent with DAVE Systems to prepare facility needs study and evaluation of a City Corporation Yard. Contract shall not exceed 59,378.00 to be funded from the Systems Development fund. Respectfully submit d. LBO;: ja Attachment /01 A PROFESSIONAL SERVICES AGREEMENT This Agreement is made rnd entered into this day of 19 , between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY•) and DAVE Systems. Inc. (hereinafter referred to as 'CONSULTANT'). A. Recitals. (1) CITY has heretofore issued its Request for Proposal pertaining to the performance of prnfessional services with respect to the preparation of Maintenance Facilities Evaluation ( "Pr•lect• hereafter). 01) CONSULTANT has now submitted its proposal for the performance of such services. (111) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to oerform such professional services as hereinafter defined. NON, THEREFORE, It is agreed by and between CITY and CONSULTANT as follows: B. Agreement. I. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 3/5/86 -1- // v r 7 3 (a) Prp eel; The preparation of Haintenance Facilities Evaluation a i ,A described in Exhibit "A" Scope of Services hereto including, but not limited `t to, the preparation of maps, P . surve ys, reports, and documents, the i presentation, both oral and in writing, of such plans, maps, surveys, reports d" -i and documents to CITY as required and attendance at any and all work sessions, w Public hearings and other meetings conducted by CITY with respect to the a project as outlined in the Scope of Services 4 (b) Services: Such profess tonal services as are necessary to be performed by CONSULTANT in order to :onplete the project. (c) Completion of Pro ect: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by rONSULTANT at public hearings regarding the project acceptance for construction is slit forth in Exhibit "B" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" and applicable with Federal, State and CITY statues, regulations, ordfna,ices and guidelines, all to the reasonable i satisfaction of CITY. J `i (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as •documents ") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Froject Schedule, Exhibit .I 'Z 1 "8 ". Copies of the documents shall be in such numbers as are required by Exhibit W. CITY may thereafter review and forward to ^. ONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CiTY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon P written approval of CITY. (c) CONSULTANT shall, at CONSULT/:NT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services requirel hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of 59.738 00 for the performance of the services required hereunder. This sma shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of empi ,)yees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit W. (b) Payments to CONSULTAA' shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid, within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- // s; event, however, will said invoices exceed 95% of individual task totals described in Exhibits W. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shell be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit W hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit •C•. Charges for of -0itional services shall be Invoiced on a monthly basis end shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit W hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private Parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. -4- 113 5. 04nership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other Identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authoNred agent, without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses Including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written •Notice of Termination' to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be conpensated at CONSULTANT's applicable hourly rates as set forth in Exhibit •B', on a pro - rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all dccwents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Nil Nnrnnng. Contract AAninictratgr__DAVE Svstem[. 145n F. 17th [rrnri G.1 re inn [..,rte a.., 907_ Ranrhn Curhmnga. CA 01790 Any such otices, demards, invoices and written communications, by mail, shall be deemed to have been received by the addressee fo -ty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. B. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to crmmence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensation Insurance: 8,ro.e beginning work. CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation Insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Cede Section 3700, every employer shall secure the Payment of compensation to his employees. CONSULTANT prior to commenc•ng work, shall sign and file with CITY a certification as follows: Of am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement•. (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars (51,000,000,00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000,00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, A policy or policies of insurance concerning errors and omissions (•malpractice•) providing protection of at least Not Applicable for errors and omissions (,malpractice*) with respect to loss arising from actions of YCONSULTANT performing engineering services hereunder on behalf of city. a 5, (d) General Insurance Requirements: All insurance s required by express provision of this Agreement shall be carried only to -7 //6 responsible insurance companies licensed to do business in the State of California and pol%. s required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the Insurer, Insured and all subcontractors waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the Insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such Policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, Indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or Injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors -8- %/7 under this Agreement and shall not be construed for a-,v purpose to be employees of CITY. 12. Governing Law: This Agreement shall bt governed by and construed In accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding 1s instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amunt determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or to writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained to this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT - DAVE Systems, Inc. Date: CITY OF RANCHO CUU40NGA Jeffrey King, Mayor Date: ATTEST: Beverly A. Authel—et7M—tyl er Approved as to form: -g- //0 EY.HIBIT W SCOPE OF SERVICES MAINTENANCE FACILITIES EVALUATION PURPOSE It is the purpose of the proposed scope of services for the consultant to conduct a preliminary investigation and evaluation of tyre maintenance facility requirements for the City maintenance program within the next five years and for the projected buildout of the City. The investigation shall include a comparison of the acquisition and renovation of an improved site located at 11155 Jersey Boulevard, with the acquisition of lands and phased development of a new site. Said investigation shall include the following detailed scope of services. SCOPE OF SERVICES TASK 1: Data Collection The consultant shall interview staff, and review current and projected maintenance activities, needs, and programs, including vehicle fleet maintenance. The consultant shall further collect such other data as required to generally evaluate land, off -site improvement, structures, and equipment requirements to serve needs in the near future and at buildout of the City. TASK 2: Identification of Facilities Needs and Cost Estimates Based an the collected data, the can ^ultant shall identify and prepare cost estimates for the general land requirements sufficient to contain the ultimate projected maintenance responsibilities of the City; establish major building and equipment requirements for the next five years, and general structural requirements at buildout of the City. It is understood that all facility requirements will be general in nature and only adequate to the extent of existing projections of maintenance needs provided by the City. It is intended that facility identification and costing shall be adequate to allow comparison with the alternative of acquiring the proposed developed site at 11155 Jersey Boulevard. /i5 y M TASK 3: Evaluation of Existing Developed Facility The consultant shall review drawings and survey existing facilities located at 11155 Jersey Boulevard to evaluate the feasibility of meeting facility requirements identified in Task 2. Said evaluation .hall include identification of facility deficiencies and cost estimates to effect needed repairs and alterations to allow the facility to meet the short- ana long - ranje needs of the City. Specific items of cincern are as follows: 1. Suitabilit3 of state of repair of fuel facilities. r 2. Adequacy and location of hoists. 3. Cost of generalized repair and demolition of unnecessary improvement. 0 ! 4, identification of gross building code violation. S. General modification required to effect iamediate occupancy of facility. 6. Cost to spli+: electrical service to allow lease or sale of 25,000- square -foot building. ' TASK 4: Report and Presem•ttion t w e •' Consultant shall c)cument the findings in a i net report '• for presentation to the Ci.y Council. This report shall prasont ;p documentation of the analysis performed in Tasks 1, 2, and 3, and present a recommendation on site acquisition or development. The consultant shall further present results of his finding and be prepared to answer questiors at executive sessions of the City ,. Council. 0 EXHIBIT "D• SCHEDULE Study and report for Task 1, 2 and 4 shall be completed for „resentation to City Council within 14 calendar days. Task 3 shall begin only upon authorization cf the City Fngineer and shall be completed within 14 calendar days of the n.tice to proceed. /01/ M E%H'SIT C• PAYNFNT Payment shall be based on time and materials at the attached rates, but shall not exceed 59,738.00 for all tasks and 57,975.00 for Task 3 +f authorized. CITY OF FLA,`IC110 CUCAi,:ONGA STAFF REPORT GATE: April 2, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Civil Engineer SUBJECT: 4pproval of Professional Sere ces Agreement with L. 0. King, Inc. for the design of Baker -Arrow Storm Drain in Baker Avenue between Foothill Blvd, and Arrow Route and in Arrow Route between Baker Avenue and Cucamonga Creek channel and for Street Widening and Reconstruction of Baker Avenue between Foothill Blvd. and 8th Street and Arrow Route between Baker Avenue and the Cucamonga Creek Channel Attached for City Council approval 1s an agreement for consultant services .0th L. O. King, Inc. for the tesi-ln of the above subject protect Said services constructionlplans� ,dspecificationsan and engineer's Ceestimat the forewidening of and pavement reconstruction at various locations on Baker Avenue between Foothill Boulevard and northerly right -of -way of the Atchison, Topeka and Santa Fe Railway (ATSF) near 8th Street, and Arrow Route between Baker Avenue and the Cucamonga Creek Channel; also Storm Drain Improvements between Foothill Boulevard and the Cucamonga Creek Channel, generally in Baker Avenue end Arrow Route, including a portir,n of storm drain between Foothill Boulevard and the Southern Pacific Trans)ortation Coupany (SPTCo) railroad track northerly of Tract 12895. Contract amount is not to excead 575,500.00 plus a 10% contingency to be funded by Systems Development. Said project is proposed as a redevelopment project for improvements of low- and moderate - income neighborhoods. If and when the Redevelopment Bond issue is complete, the design workings will be rt,mbursed from the Redevelopment Agency. /c�3 /- CITY COUNCIL SfAfF REPORT Approval of Professional Services Agreement with L. D. King April 2, 1986 Page 2 oECONVOTION It is recommended that City Council approve the attached agreement awarding the design services for the above described project to L. 0. King, Inc. and authorize funding from Systems Development funds in an amount not to exceed $15,500.00 plus a 10% contingency and authorizing the Mayor and City Clerk sign same. LBH:LHar Attachments r PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of _, 19, between the City of Rancho Cucamonga, a Municipal Corporation (her inafter referred to as 'CITY°) and L. 0. King, Inc (hereinafter referred to as 'CONSULTANT'). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of design and calculations, construction plans, specifications and engineer's estimate for widening of and pavement reconstruction and storm drain imorovements in Bakar, Avenue and Arrow Route. ('Project° hereafter). (ii) COIISULTA14T has nod submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional sarvices necessary to render advice and assistance to CITY, CITY's Planning Comnlssion, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NON, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 7/31/85 -1- /c;)S (a) Project: The preparation of design and calculations, construction drawings, specifications, and engineer's estimate described in Exhibit •A' Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Protect: The date of completion of all phases of the project, Including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit '8° Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit 'A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as 'documents`) including all supplemental technical documents, as described in Exhibit •A• to CITY within the time specified in Project Scheduled, Exhibit -2- % >b "B ". Copies of the documents shall be in such numbers as ir- required by Exhibit "A". CITY may thereafter review and forward to CONSUL -MIT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. -he time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall he fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum ui $75.500.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other 'erect and indirect costs or fees, Including the work c` employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance w'.th the schedule set forth in Exhibit "A". (b) Payments to CONSULTANT she 1 be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such Invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tacks. In no -3- / \ ; event, however, will said invoices exceed 95% of individual task totals described in Exhibit "A ". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95X of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services- payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forty in Exhibit "A" hereof, shall be paid on a reimbursemant basis in accordance with the fee schedule set forth in Exhibit "C". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4, r.ITY agrees to provide to CONSULTANT; (a) Information and assistance as set forth in Exhibit W hereto. (b) Photographically -eproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is geierally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact wish r:spect to the gathering of such information. -4- IJ-8 5. Owrershio of Documents: All documents. data, studies, surveys, drawings naps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon pa)aent for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. COMILTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse )f the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or autho�i:ed agents without the specific written consent of the CONSULTANT shall he at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all dmagas, claims and losses including defense costs arising out of any such alteration or revision, or us_ or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written •Notice of Termination• to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit 40', on a pro - rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps. models, photographs and reports, whether in draft or final form, prepared by -5- CONSULTANT as of date of termination. CONSULTANT may rot terminate this Agreement except for cause. 7, aatices and Designated Heoresentatives: Any and all notices, demands, Invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: D. H. hfavt, vice president for and in behalf of the CONSULTANT and Mane W. Frandsen Senior Civil Engineer for and in behalf of the CITY. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof •, the United States mail, postage prepaid and properly addressed as set forth atove. S. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a Company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subco•itractor has been obtained. COPWLTA.YT shall take out and maintain at all times during the term of this Agreement the folloving policies of insurance: (a) Worker's Comoensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of irsurdnee as proof that it has taken out full workers' compensaton insurance for all persons whom it may employ directly or through subcontractors to carrying out the work specified herein, in accordance with the laws Of the State of California. -6- f ? 6 In accordance with the provisions of California Labor Coda Section 3700, every emr; layer shall secure the paywent of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: 'I am aware of the provisions of Section 3200 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) public Liability and property Damage: Thr,>..g'nout the term of this Agreement, at CJNSULTAIR's sale cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY an'l COIISULTArIT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULIAIir's activities, providing protection of at least One Million Dollars (Sl,00nv"00,00) for bodily injury or death to any one peL son or tar any one accident or o.%Sience and at, least Coe Million Dollars (SI,0D0,000,00) for property damage, (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions (•malpractice•) providing protection of at least 5250.000.00 for errors and omissions ('malpractice*) with respect to logs arising from actions of CONSULfDVT performing engineering services hereunder on behalf of CITY. (d) Gerwral Insurance Regutrerents: All insurance required by exprese Provision of this Agreement shall be carried only in '7" /.3/ o9 responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the i effect that (1) the Insurer waives the right of subrogation against CITY and CITY's elected officials, offkars, erployees. and agents; (2) the policies are primary and noncontributing with any in.urance that may be carried by CITY; and (3) they cannot be cancelled or a:aterlally changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account Insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, Indemnify and save harmless CITY, its elected and appointed officials, officers, agents and i employees, from all liability from loss, damage or Injury to persons or property, includi the payment by CONSULTANT of any and all legal costs and e attorneys' fees, to any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this t Agreement, including, but not limited to, all consequcntial damages, to the .� maximum extent permitted by law. .{ 10. Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors is under this Agreement aid shall not be construed for any purpose to be -8 /,3 ca • Mloyeas of CITY. E 12. Gov- == ILAN. This Agreement shall be governed by and construed to accordance with thb laws of the State of CAlffornia, 13. Attornev�s peas, rnstltuted to entorca an la The at ' any Al Proceeding is Y torn or provision of the Agreement, the Prevailing Party i° said legal Proceeding shall be entitled to recover attorneys$ and costs fr�n the oppostn9 Party fees reasonable. in an L=uot datarmined by the Court to be 14, Fnttre eeement: Thft Agreement super -edes Other allreraants, either oral any and all or fn vrittng, between the parties vfth respect to the subject matter herein. Etch party to this Agreement acknowledges no representation by any party vhfch that agreement, fs not cmbodlad herein nor any other valid and binnding, ding.ant, or prnmfse not contained in this 49retment shall b2 Any nodfffcatlon df this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WH14EOF, the Parties hereto have executed as o1 the day and year first met f6rth above: this Agreement CONSULTAW - L. 0. King, Inc. ys tv,�e YfeJ�dah�i" CITY OF NAKW LTICANCNGA e rey ng. Yar ATTEST: ever Y ae, tyLer Date: onto• At to foray Y o ay -9- 1,33 aM Exhibit A March 7, 1986 SCOPE OF SERVICES To provide Professional Engineering and Surveying Services for the Preparation of Construction Plans, Specifications and Engineer's Estimate for Widening of and Pavement Reconstruction a• various locations on Baker Avenue between Foot "111 Boulevard and northerly right -ef -way of the Atchison, Topeka and Santa Fe Railway (ATSF) near 8th Street, approximately 4,600 LF, and Arrow Route between Baker Avenue and the Cucamonga Creek Channel, approximately 2.10; LF, also Storm Dralr Improvements between Foothill Boulevard and the Cucamonga Creek Channel, generally In Baker Avenue and Arrow Route, Including a port'on of storm drain between Foothill Boulevard and the Southern Pacific Transportation Company (SPTCo) railroad track northerly of Tract 12895 Task 1. Survey Services to Include. a. Centerllne control and stationing. b. Topography frcm right -of -way to right -of -way. c. Cross -se ^dons at 50' minimum intervals, Including grade breaks and Join locations. d. Field notes to be delivered to the City for rerjrd. Task 2. Utility Research and Coordination per Utility Notification Proce- dure, to include a. Research and obtain file copy of utility maps within the project limits. b. Plotting of such facilities In plan view on the construction drawings. c. Preparing and transmitting plans with utility notices (blank notice forms to be provided by the City to all utilities). d. Monitoring response to such notice-, making recommendations for mitiga- ting conflicts. e. Attending cnardinat!on meetings, If required, regarding adjustments and relocations. Task 3. FriUlneering Eva!Jatfon and Design 'or storm drain design and pavement repla wvrt ardA r resurfacing, Including soils Investigation A hollow stem, auger -type drill rig will be utilized to perform both storm drain and pavema:nt investigations simultaneously. 13 �1 ��U "arch 7. 1986 SCOPE OF SERVICES Page two With respcct to storm drain construction, three (3) borings will be placed along Baker Avenue and three (3) borings aloul Arrou RZute. These borings will be taken to a maxtmmc depth N 15 feet and will be omtinwasly logged. Subsurface conditions that could affect the proposed corn drab construction will be noted. In addition. sail samples taken from the erploratery boring will be returned to the laboratory for further testing. With respect to strut c -t uction, smples mdll also be taken representa- tive of the prcWle stmt subgrat•. soils. In Manion, after removal of the auger fie the borimj. she thickness of we asphalt concr_te and the presence of base material, if any, will be mud. tb actual asphalt concrete cares will be recovered. Bulk samples of soils will also be taken fret the adjacent shoulder areas. Since only six (6) borings will be dire for the stern Crain construction, It will be necessary to place three (3) additional shallow bcrags on Bake Avenue below Arrow Pane to sample specifically for strtxturai section design recr--aendations. With regard to structural section design remmondations, a civil engineer will visit the site and +eke rotes on the conlltion of the existing asphalt concrete p,vesent. Areas requiring removal and/or overlay will be ca,^ped. The R -value Ceterm:ttation will than be utilized to deve-Lop an aMrcprlate street structural section. The strtxarral section Ctsign given will be for new construction, and where practical, an overlay of the existing section. In the laboratory, samples r. -ture3 will be vlsosvly classifW. The sass: :e considered represeatative of the probable storm drain excavation will be si - jected to sieve analysis and sand equivalent tests. The sacple of probable subgrade soils writ also be subject to a sieve artaiysis and sand Wyalent test. Direct shear tests will be run an the probable stun drain exciratiu^ In order that information on trench wail stability and staring can be devel- oped. In addition, an R -value test will be performed on repriwj=.tve subgrade soils In order that app.w. ate structural sect.od design veroccen- dations can be nsde. Upon ca¢pletion of the laboratory testing, criteria wi:l be d- -eloped for the term drain construction. Including trance wall stability, sand equivalent, !nieve analysis and shoring. Infuriation dxtxtxnitg expected difficulty with mcavation will also be wade at that tie, including such thin,^s as graexd- nater or rack. /, xj 40 1 t°1 a ii✓ `j1 A; March 7. 1986 SCOPE OF SERVICES Page two With respect to storm drain constroce:Ion, three (3) borings will be placed along Baker Avenue and three (3) bWngs along Arrow Route. These borings will be taken to a maxima deoth of is fe:t and will be continuously logged. Satsurface conditions that could affect the ,mropesed storm drair constr¢ctlon will be noted. In addition, soil taople0 taken frog the exploratory boring will be raturnd to the laboratory for further testlnT. rive ofst�hetprobabeeftreettsutgrade saaiills. In additions. after rermo a! tof the avgar from the boring. the thickness of the asphalt concrete and the Presence of base aaterial. If any, will be noted. no actual asphalt concrete cores will be recovered. Bull; samples of !Of Is will also be taken from the adjacent shoulder areas. will so 1� estary torplace will three 3) additional allow boorinpi construction, Averut .low Arrow Route to sasple specifically for structural section design recoaa,rxis tons. with regard to structure: t sec -ion design recomendations, a civil engineer wIII visit the site and alike rotes on the t _,4tfon of the existing asphalt concrete pavement. Areas reQulring removal *Wor overlay will be sapped. The R•value determination will ttreo then be utilized to develop an appropriate t structural ze:tian. The Structurai section design given will be for new constr•rection, and where practical. an overlay of the existing section. In the laboratory, samples rtturne,� will t. visually classified. The sample considered representative of the pn%aale stare drain excavation will be sreb- jecad to sieve analysis and semi epulvr.t• t tests. The sample of probable test. Directsshear also N111�t run ane.reeeprobablesstorrm drain excavation In order that Information on trench wall stability and shoring can be devel- sultgradelRoiislin ordernt. at eappropriate will struct ral Section design sctaitlne dations can be made. Upoa cuapletlon of tile labsratory testing, criteria will be deraloped for the storm eve drain n is dad snaamrig!n[ folrnm3atlon�rwall st eii!ty,dsanffleeuivalenth water or r will also bo made at that time, including such things as ground- /.35" 0103 March 7, 1986 SCOPE OF SERVICES Page four c. Title Sheet showing • title • vicinity and location mappings and plan sheet Indnxing • utility and drawing legends • benchmark and basis of bearings • construction quantities • standard signature and title blocks Task 7. Right -of -Nay Engineering Prepare legal description for right -of -way acquisition on Baker Avenue, Arrow Route and Fenthill Boulevard for approximately 41 separate Assessor's Parcels. Recorded documents referenced In the title report will be reviewed by the consultant and legal descriptions prepared from record data. Task 8. Prepare and maintain design files for transmittal to the City at the completion of the project design Task 9. Prepare Oetailed Construction Quantity and Engineer's Cost Estimate Task 10. Prepare Complete Contract Specifications using "boiler plate" speci- fications provided by City, Including, a. Boller Plate by City • notice inviting bids • Instruction to bidders • contract proposal (by consultant) • bidders information • agreement • bonds and Insurance forms • general conditions b. Special Pn vislorrs shall be prepared by the consultant. Task 11. Attend Coordination Meetings with Staff for Design Review and Project Coordination Task 12. Attend Preconstruction Conference and Provide Design Coordination during coa;tructlon / z?,2 9,ir71�r March 7, 1986 COMPENSATION Fees for Professional Engineering and Surveying Services for the SCOPE OF SERVICES provided for herein are ,lsted below. Estimated Cost Task 1 $11,500 Task 2 1,500 Task 3 4,600 Task 4 500 Task 5 2,200 Task 6 45,100 Task 7 2,800 Task 8 0 Task 9 1,200 Task 10 3,600 Task 11 1,500 Task 12 11000 TOTAL $75,500 The actual cost of each task may vary somewhat from that shown above, however, the total not to exceed cost of all tasks Is a maximum cost to the project of $75.500 for professional englnering services. Authorization to proceed with the following work shall be se• forth In writing by the City Engineer* • Additional pavement cores and/or R -value tests not provided for under Task 3 to evaluate the existing pavement Estimated Cost • $1,000 Services to be provided by the City: • Pothollna existing utilities • Furnish preliminary title reports for right -of -way acquisition • Printing of final plans and specifications for bidding and construction purposes • Advertising the project fcr construction bids )39% IJ � i). r4 C. March 7, 1986 Tasks t and 2 Task 3 Tasks 5 and 11 Tasks 6, 8 and 9 Task 7 Task 4 Task 10 Exhibit 8 SCHEDULE 137 N v 0 w N L L d Y 9 6 Exhibit C RATE SCHEDJLE August. 1905 Hourly Rate PrinciDal ............ ............................... ............ S 80 00 Project Manager .................... ............................... 67.00 Project Engineer ................... ............................... 60.00 Survey Coordinator ................. ............................... 60 00 Designer ........................... ............................... 60.00 Associate Engineer ................. ............................... 54.00 Senior Drafter /Calculator .......... ............................... 54.00 Drafter ............................ ............................... 40.00 Assistant Engineer ................. ............................... 45.00 Junior Engineer .................... ............................... Engineering Aide ............................... 29.00 20.00 ................... Administrative Assistant ........... ............................... 25.00 Production Typist .................. ............................... 20.00 3 -Man Survey Crew .................. ............................... 142.00 2 -Mun Survey Crew .................. ............................... 115.00 Travel Time (when in excess of 8 hrs work time per day) 3 -Man Survey Crew .. ............................... ............ 76.00 2 -Man Survey Crew ......................... ......... ........... 52.00 In -House Reproduction ............. ............................... Cost Printing and Materials ........ ............................... .... Cost +15% Express Ma!1 /Courier /Next Day Service .... ....................... Cost Mileage ....... .................... ............................... 304 1mile Special Consultant Services ................ ...................... Cost +15% CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2. 1986 T0: City Council and City Manager FROM: Lloyd B. Hubbs. 'Gity Engineer BY: Monte Presr:,er, Public Works Engir.•er 1977 SUBJECT: Approval of acceptance of Utica Storm Drain AD 82 -1 as complete and authorize the filing of a Notice of Completion for the work The Utica Storm Crain AD 82 -1 Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release performance surety (S313,859.00) and retention ($32,514.57). RECCMIENDATIDN It is recommended that Council accept as complete the Carnelain Street Beautification Improvement Project and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release the faithful performance bond and retention (35 days after filing Notice of Completion) and authorize final payment. 4Respe tfully s bmit , LBH:ja Attachment w /f RECORDING REWES1ED BY: CITY Cy AMO10 CLICAIOISGA P. 0. Boa BD7 Reacly Cutasongs, Califorels 91M t0ON RECORM MAIL T0: CITY CLEAR CITY OF AMID p1LWAGA P. 0. Bus B07 Rancho Cecawga, Catlforela 91770 WTICE OF CUFLETION NOTICE IS HEREBY GIVE. 'NAT: 1. The unden'9ad Is a, finer of an Interest e1, estate t, the 1e lesfter described nil property. the eaten of which lutenist or a,let, Is UTICA STORM VRAIN AD 02.1 2. TM 'all am ad ddrefs of the cnderst9Md Omer Is: CITY OF ARKIN) aIKAH A. 9720 -C Base Ow Rod. P. 0. Roo 007, Rands Oxasc, ga, CallfoMle 91771. 7. 0e IN 2nd day Of April, TABS. there was taapigtd do the hereinafter Also bed Mal property the cart of la mm,t set forth in the contract docramU for: UTICA STORE MAIN 92 -1 �. the es of the original contra. -tar hr the work of taproreetat as a whale was: UNITED M S. The Mal property MPsnd to hares, If situated to the City of Rancho Cucaenga. Comty of San 0aMardW. CallfoMle. and is destrlbd as follows: UTICA AYM2 AT FOURTH STREET CITY OF RANCHO CUCAMWA, a euolclpAI MPM,tlon. 01041, o s. y weir /� RESOLUTION Ho. ,t O - 8(O , -7 / A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFQINIA. ACCEPTIM; THE PUBLIC IMPRMKM FOR UTICA ST'O N DRAIN AD 82 -1 AMD AUTHORIZING THE FILING if A NDTICE Of COMPLETION FOR THE YORK YHERFILS, the construction of public fmprovements for Utica Storm Drain AD 82_1 have been completed and to the satisfaction of the City Engineer; WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. Not, THEREFORE, be it resolved, that the wort is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardf� County. PASSED, APPRDVED, and MOPTED this Znd day of April, 1986. AYES: NOES: ABSENT: Jef rey ng, yor ATTEST: ver Y A. et, ty I. BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adapted by the City Council of the City of Rancho Cucam at a regular (special, adjourn onga, adjourned) meeting of said City Council held on the 2nd day of April, 1986. Executed this * day of *, 19" at Rancho Cucamonga, California. Beverly et, ty Zlerr //3 C= OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: City Council and City Manager FROM: Lloyd B. Rubbs, City Engineer 8T: Dave elevins, Maintenance Superintendent SUBJECT: Approval of acceptance of Alta Loma Storm Drairt (AO" 84-2)1 az cceplete and authorize the filing of a Notice of Completion for ttm= work The Alta Lama Storm Drain (AD 84-2) Protect has been completedi ton tore satisfaction of the City Engineer. It is recommended that the Council' apprvv. the acceptance of the project, authorize the final payment and direct the City, Engineer to file a Notice of Completion with the County pecorder, and'reTeazg performance surety ($1,928,190.00) and retention ($98,002.11). REC@lIEIDATION It 1s recommended that Council accept as complete the Carnelairt Street- Beautification Improvement Project and pass the attached rLsollidair authorizing the City Engineer to file the Notice of Completion and'release, then faithful performance bond and retention (35 days efts- filing Notlua of Completion) and authorize final payment. Rely submit , LBH:j Attachment l' 5z 'J 1.E. Il..� }111. TCrrl mr 9Amm CI M"m Y. a. -ma W? 1mAoYecamons. California 917.10 .Y®1 PAIL T0: 2I7Y 1mt ctn.a-uvm tI1CA1ml6A a. n. ass Prn �aecooYacamwga. 411 /mrnle 937]0 ROTICE 6 CCRLRIOe 'W= IS SUM SIM Tw: 1. TM amdtrstvrd It m caner of n Interest er estate In the •hentnaftm dnCrtaed nal greperty, the wton of which Interest or estate Is: ALTA LM VOMI DWm (AD ") 2. The 1911 name and add, a of the mWrsigned caner Is: CRT or "RA6CID =NDACA. 93'J' C But Lim Men. Y. 0. py 807. 1"d, cut qe. tsiffarnla 91710. ]. an tM and day 07 Apr11. 1986. then was rnanleted on the .hntnafter Oefcrlkad MI prc/ert7 the cork of tamrowesent set forth In the rmatract dooneats tor: ALTA Ll1A STWA MAIN (AD Md) 4. TPr name of the eri9laal camtra for the wort of Improvement as aMdlewas: DMA''D C. MISS 08: MM 19at6S AND SOBS S. The na1 In me, y "ferred te hems Is Situated In LA. City of Ko Casammpe. Canty of Sm M+unlm. California. a'M fa described 41 CMMR DRALM VVITIMM OF ALTA LOA CILUM. A73ATID 1TRCCT Aim awxAOT vwRvyD" i CA ROM= ATDM. RILS011 AYM AID RIILSIOE ATIIDC It RACW LIICAPOWA CITY CF RMID NCMMA. a nAlclgal caq ratl". 0~ ate— u 1, Y near /4/6— RESOLUTION NO. YDi }B1F 8L - &0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ALTA LONA STORM DRAIN (AD 84 -2) AND AUTHORIZING THE FILING OF A NGTICE OF COMPLETION FOR THE STORK Drain (AD 84-2) WHEREAS, ave been completed to the satisfacttiontoffthe Loma and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. the City Engineer RIsORauthorized to resolved, andtfile aalloticehofeCompletiondwith the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 2nd day of April, 1986. AYES: NOES: ABSENT: Jef fr ey ng, ayor ATTEST: every , t e e , ty er California, do BEVERLY reby certify that CLERIX of the Resolution Rancho was hduly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, regular (special, adjourned) meeting of said City Council held on the 2nd day of April, 1986. Executed this * day of *, 19** at Rancho Cucamorga, California. ever t e e., ty e—rW (i� CiTY OF RANCHO CUCAMO \GA STAFF REPORT DATE: April 2, 1995 T0: City Council and City Manager Mh": Lloyd B. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Civil Engineer SUBJECT: Approval of Lien Agreement between Lester A. Davies and Rebecca A. Davies and the City of Rancho Cucamonga for street frontage iacprovments at 6239 Archibald Avenue The attached subject agreement between the City and Mr. and 1?s. Davies provides for frontage improvements which include curbs, gutters, and drive approach in return for a 10 -year lien on the Davies property at 6239 Archibald Avenue. Said street Improvements will be constructed in conjunction with the City's Capital improvement Project for the recunstruction of Archibald Avenue from Lemon Avenue to Banyan Street. RECOMMCIRIATIDM: It is recommended that City Council adopt the attached resolution approving the lien agreement between Lester and Rebecca Davies and the City of Rancho Cucamonga in an amount not to exceed $1,050.00. Respectfully submi �77 LIEN AGREEMENT This Agreement is made and entered into this • day of . 1906 by and between the City of Rancho Cucamonga, a municlaal corporation (hereinafter referred to as 'CITY') and Lester A. Davies and Rebecca A. 03vies husband and wife, as joint tenants (hereinafter referr• +d to as 'OWNER') for tl;e installation of certain PW)Iie improvements including, but not limited to curbs. gutters, drive approaches, sidewalks and street pavements along a portion of Archibald Avenue in the City of Rancho Cucamonga. A. Recitals (I) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements ah ng Lemon Avenue from Archibald Avenue to Hermosa Avenue and along Archibald Av. me from lemon to Banyan Street (the 'Lemon- Archibald Project` hereln+ft!r in this Agreement). (ii) OVYER owns that certain real property, identifimd as San Bernardino County Assessor's Parcel No. 201- 251 -21, which is located on Archibald Avenue, which property is within the limits of the Lemon - Archibald Pro.'ect. (tit) CITY is willing to include the street frontag,+ mprovements along OWNER's property located on Archibald Avenue (the Davies Pcrt'on hereinafter) within the Lemon - Archibald Project upon the terms and conditions hereinafter set forth. NOW, THEREFORE, it is agreed by and between CITY and OMER as follows: 1. CITY shall lnclade the Davies Portion as a part of tie constru�:tion of the Lemon - Archibald Project and shall cause all necessary public tmprovtments to be installed in accordance with CITY's plans and specifications therefor. The •i- lim+ts of said construction are more particularly described in Exhibit •8• att,.ched hereto. 2. OWNER agrees to pay to CIT!, in accordance with the terms of this Agreement, CITY'S actual costs incurred in constructing the Davies Portion. The parties hereto agree that the costs of said construction is S lor-, n.ri7 as shown in the Estimates of Construction attached hereto and iN:ntified as Exhibit I.C. 3. Upon coayletion of the Leman- Archibald Projec'., an] the Davies Pnrtion thereof, CITY shall Ceusa a Notice of Completion to be prepared and presented to OWNER. Uoon presentation of said Notice of Complex ton, OIiNER agrees to pay the full principal amount of jUN6p,,, n +on or before the 31st day of December, 1986. OWNER may, at OWNER's sole option, pay said amount cf 1_10 pn +in ten (10) annual Installments to be due and payable on or before the 31st day of December during each calendar year zomoencing with the year 1986. In the event OWNER falls to timely make any payment specified herein, or in the event of sole of the property, the entirety of any amount remaining shall become due and payable to ('Tv. payments shill be made to CITY at the Rancho Cucanonga City Hall, Attention: Administrat ve Services Director, or at such other address or person as the CITY may designate In writing. OWNER and CITY agree that in the event OWNER opts to pay the ab)ve- specified amount by annual installments, that said annual Installments shall be due and payable without invoice by CITY or any other notice to OWK:R. 4. CITY shall have and is hereby given a lien on OWNER's property (San Bernardino County Assessor's Parcel No. 201- 251 -21) to secure the fall performance by OWNER of GWNFR's payment obligations set forth in paragraph 3, ;Not to exceed -2- /y9 above. In the event that OWNER fails to timely fulfill the payment obligations specified In p4ragraph 3, above, CITY may, alternatively, enforce and foreclose the lien provided for or sue OWNER on OWNER's personal obligations hereunder ell of which payment obligations shall be considered personal r lardless of whether or not OWNER may have or shall have transferred all or any of MNER's interests In said property, whether by operation of law or otherwise. 5. CITY's waiver of any breach by OWNER with respect t0 any payment obligation set forth herein shall not constitute a waiver of any other such breach 5. OWNER d,.tes to grant to CITY, its electeo officials, officers, agcats, employees and contractors such rights of entry and /or tcporary co- struction easements as are deemed tecessary by CITY's City Engineer to cause the ..ompletion of the bavies Portion. 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall ue entitled to recover attorneys' fees and costs from the other party In an amount determined by the court to be reasonable. 9 This Agreement is ulnding upon and shall Insure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors or assigns, wherever the context requires Or admits. 10. This Agreement supersedes any and all other agreements, whet'sr oral or in writing, between the parties with respect to the subject matter hereof. Each party to this Agn.ement acknowledges that no representation by any Tarty which -3- /Sd is not embodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agr>ement shall be effective only if it is in a writing signed by all of the parties hereto. IN WITNESS MiEREOF, the parties hereto have executed this Agreement on the day and yea- first above written. CITY PROPERTY OWNER CITY OF RANCHO CUCAMONGA Lester A. Davies CALIFORNIA, a municipal Rt�acca A. Davies corporation By. JEFFREY KING, MAYOR A MA it n -A ATTEST: APPROVED AS TO FORM: Beverly A. Authelet City Clerk -4- 15/ City Attorney HRNNRf RHtffriftff NriftN NNHNffNRNfff ifSrfiHfNflftNNNRRHN1f iNf STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss On 19 me ,before the un ers gne Notary Pu c, persona y appeare JEFFR Y K N an B VERL A. AUTHELET personally known to me to be tht Mayor and City Clerk, respectively, of the CITY OF RAYCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to be the persons who executed the within instrument on behalf of said municipal Corporation, and acknowledged to me that such municipal corporation executed it. WITNESS MY HAND AND OFFICIAL SEAL Notary gnature STATE OF CALIFORNIA COUNTY OF SAN BERNARDINOi ss On this the I �' day,, of %i')2yCli y ��'.f'F• befnre f• ..7177 ,17 un�rs gne , otary u c ersona y appeare (( persona y Known to ma proved to me on the basis of satisfactory evidence to be the person(s) who a name(S) �W� subscribed to the within instrument and acknowleged that J b. _ executed 1'.. WITNESS MY HAND AND 0�I_AL SEAL. ^ OFFICIAL SEAiNot i JUDRH A ACOST t-1:0)xxIMau: -CA 04,, ary gnature My e c x1Y 2a «� NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, 1NE AME � SH EDGE11M IS NOT ACCEPTABLE. A CORPORATION /PARTNERIP ACy,"&EDGEEHT IS -5- /SC.) I .. .i.. -- ... ^ p IxWGU\1VI It -� 1 1 "IV., Yll.« 7 r.Jy t1dM l3YU``I � 1,, \ Al ofe JYn/Or SIC•11Tw 9 - (r Y'3 \ 111 � pY! /a9Aalyd ✓ZLf'� "� �Vl cD tt •Lt rrr 1 O - - -�. __ �� ly m� • h ostroiv srJr9n/or �•• IGtI2 01 .� I • - ��M \. r Q� dV dvot9 +f jOp.SY1C /S4p68 _ N - j- - - %3ad o,re//ndr aLr s.zr wr t N -•.- -• �jl�A ax q9 OYJrIJ N Jd /vl0l•.iIF -> d!O 1rMJ '!JB DJ p'"O,I fBjJ!•r^�' J I bd'VnYdr+C l>'A.)MJb - �-ii�� IB iaA d ITS �Y d>�JAOYJY IF' p \ ] r/�•� 1p0l _ 69•/ �ft h ! I� v I10 by �I � a` 1 �• � h . ys✓Je�a< ndM lrsr.� �a i II Z �- —'rnaor, q� ?e-L'+ �� -. �. a tmtfftc •>YJ/ -'�/ -� xwa IN f� I Z I I �nOLLO01 rli O/ I ♦yp 1 h 4 h � I`IlJ KNt10x Y�O - «Z 1 a�n � o \ F �Yy .•pl r� (4 soJ n - \. � 3t TlWJdIlA• OI UtF —W S;dJ /133NS 35r3N17%/71D'W \z�; Q I II OO•nZ t11ff5 I / I 'h y f � s c j= C: b Iz un EXHBIT *r-" CITY OF RANCHO CUCAMONGA cycLrZ-z-.&=G DEPaRM —%r PREUMINARY COST ESZI.E L.EbTEK 4. REBECCA DAVIFS APN 201.25\ -Zl 1511 Date: 2JSA/Hf. By: LE:L4 of iii eo RESOLUTION 110. YES"fM56R_ 94o - if / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANW CUCAMONGA, CALIFORNIA, ACCEPTIIIG A LIEN AGREEXW FRO{ LESTER AND REBECCA DAVIES AND AUTHORIZING THE MAYOR PAD CITY CLERX TO SIGN SAME. WHEREAS, the City Council of the City of Rancho Cucamonga to establish requirements for construction of frontage improvements in conjunction with the Archibald Avenue Reconstruction Project. WHEREAS, installation of curb, gutter, drive approach and pavement located at 6239 Archibald Avenue, to be made part of the Archibald Avenue Reconstruction Project. WHEHEA'5. Lester and Rebecca Davies have submitted a Lien Agreement as reimbursement to the City for said improvements. MOW, THEREFORE. BE IT RESOLVED br the City Council of the City of Rancho Cucamonga, California, does accept said Lien Agreement, authorizes the Mayor and the City Clerk to sign saes, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County. California. PASSED, APPROVED, and A9,A`TED this Znd day of April, 1986. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City CJeFF rey K i ng, yor /S5— CITY OF RANCHO CU('AMONGA STAFF REPORT DATE: April 7, 1986 TO: City Council and Pity Hanager FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Civil Engineer -MECT: Approval of Lien Agreement between Ray A. Jones and Nancy L. Joner and the City of Rancho Cucamonga for street frontage Improvements at 9760 Lemon Avenue The attached subject agreement between the City and Kr. and Nrs. Jones provides for frontage improvements which include curbs, gutters, sidewalk, and drive approaches in return for a 10 -year lien on the Jones' property fronting Lemon Avenue. Said street improvements will be constructed in conjunction with the City's Capital Improvement Project for the reconstruction of Leman Avenue from Archibald Avenue to Hermosa Avenue. RECUOUCATION: It is recommended that City Council adopt the attached resolution approving the Lien Agreement between Ray and Nancy Jones and the City of Rancho Cucamonga In an amount not to exceed $3,100.00. 4Re/f r r LIEN AGREEMENT This Agreement is made and entered Into this day of 1986 by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to as 'CITY ") and Ray A. Jones and Nancy L. Jones husband and wife, as joint tenants (hereinafter referred +o as 'OWNER ") for the installation of certain public improvements including, but not limited to curbs, gutters, drive approaches, sidewalks and street pavements along a portion of Lemon Avenue In the City of Rancho Cucamonga. A. Recitals (i) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements along Lemon Avenue from Archibald Avenue to Hermosa Avenue and along Archibald Avenue from Lemon Avenue to Banyan Street (the 'Lemon - Archibald Project" hereinafter in this Agreement). (ii) OWNER owns that certain real property, identified as San Bernardino County Assussor's Parcel N.o. 211- 251 -55, which is located on Lemon Avenue, which property is within the limits of the Lemon- Archibald Project. (111) CITY is willing to include the street frontage improvements along OWNER's property located on Lemon Avenue (the Jones Portion hereinafter) within the Lawn-Archibald Project upon the terms and conditions hereinafter set forth. NOW, THEREFORE, It is agreed by and between CITY and OWNER as follows: 1. CITY shall include the Jones Portion as a part of the construction of the Lemon- Archibald Project and shall cause all necessary public improvements to be installed in accordance with CITY's plans and specifications therefor. The limits of said construction are more particularly described in Exhibit "B" 4i CJ� r; attached hereto. 2. OWNER agrees to pay to CITY, in accordance with the terms of this Agreement, CITY's actual costs incurred in constructing the Jones Portion. The parties hereto agree that the costs of said construction is S =•1CjD nn- as shown in the Estimates of Construction attached hereto and identified as Exhibit 3. Upon completion of the Lemon - Archibald Project, and the Jones Portion the -eof, CITY shall cause a Notice of Completion to be prepared and presented to OWNER. Upon presentation of said Notice of Completion, OWNER agrees to pay the full principal amount of LIAM t� on ur before the 31st day of December, 1986. OWNER may. at OWNER's sole option, pay said amount of 1_51rX ,(2.Q in ten (1G) annual installments to be due and payable on or before the 31st day of December during each calendar year commencing with the year 1986. In the event OWNER fails to timely mate any payment specified herein, or in the event of sale of the property, the entirety of any amount remaining shall become due and payable to CITY. Payments shall be made to CITY at the Rancho Cucamonga City Nall, Attention: Administrative Services Director, Or at such other address or person as the CITY may designate in writing. OWNER and CITY agree that in the event OWNER opts to pay the above - specified amount by annual installments, that said annual installments shall be due and payable without invoice by C17Y Or any other notice to OWNER. 4. CITY shall have and is hereby given a lien on OWNER's property (San Bernardiro County Assessor's Parcel No 201- 251 -55) to secure the full performance by OWNER of OWNER's payment obligations set forth in paragraph 3. above. In the event that OWNER fails to timely fulfill the pay'0ent obligations ub specified in paragraph 3, above, CITY may, alternatively, enforce and foreclose the lien provided for or sue OWNER on OWNER's per-onal obligations hereunder all of which payment obligations shall be considered perso-:al regardless of whether or not OWNER may have or shall have transferred all or any of OWNER's interests in said property, whether by operation of law or otherwise. S. CITY's waiver of any breach by OWNER with respect to any payment obligation set forth herein shall not constitute a waiver of any other such breach. 6. OWNER agrees to grant to LITY, its elected offlcials, officers, agents, employees and contractors such rights of entry and /or temporary construction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Jones Portion. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. In the event any legal proceeding is instituted to enforce dny term or provision of this 4greement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the other party in an amount determined by the court to be reasonable. g. This Agreement is binding upon and shall insure to the benefit of the Parties hereto and to their respective heirs, executors, administrators, successors or assigns, wherever the context requires or admits. 10. This Agreement supersedes any and all other agreements, whether oral or in writing, between the pa!4ies with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representation by any party which �1 ki Is not embodied herein nor any other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in a writing signed by ail of the Parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY PROPERTY OWNER CITY OF RANCHO CUi1U7 M CALIFORNIA, a municipal corporation BY: JEFFREY KING tbyor ATTEST: Beverly A. Authelet City Clerk Ray A. Jones Nancy L. —Joys p C) FORK: City Attorney ft ►tktf fiffftitlfftfltkff tfHiltfififHttfffttfti#tt # fiifttfltffiMft } tkRtlHrR STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss on 19 .before me the undersigned Notary Public, personally appeared and BEVERLY A. AUTHELET personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF RANCHO CUCA)IONOA, CALIFORNIA, a municipal corporation, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed it. WITNESS MY HAND AND OFFICIAL SEAL. Notary Signature STATE OF CALIFORNIA ss COUNTY OF SAN BERNARDINO [��" GGfi// On tbts she /7'� dip, of /�rv7cvl, - /OG, before me, undersigned U 7" ft hr 3 t o Notaiy—Pu 6T c p YO ally appeare v %AW PICA jw personailY KnOWn to me proved to me on the basis of satisfactory evidence to be the person(s) who ;e names) "e_ subscribed to the within instrument and acknowleged that TMI, executed it. WITNESS MY HAND AN_" 4L 5EAL. OFFICIAL SEAL JUDITH A ACDSTA `t • ftor MR4 • G Oo9 w $41 B m� pO octz, NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, THE ABOVE AaJIOWLEDGENEMT IS NOT ACCEPTABLE. A CORPORATIDN/PARTNERAIIP ACKNOWLEOOEMENT IS -- . (yok . I t 2 of i L•7 I HOR /I : / "= 40' — 3 4 5 /4 E3.H1131T "B" urnt� cF ccNS�ucrou /4 3I h � ' e� 3ro cION E, 3 ( AI %V ZM-Z51`-;ti ^ b�j 2 AVENUE W a J n /'' .! z�7- / ::a�.:igj' .1c�X!'" •i " GSf'.T ,.i'" <'�•'.� t +' . - •,;; a.-Jr ,•�? ,f `:Sc ,� _ •O � - "c `5:^ /0 I -W VE UE" -i• "3'• �, � .. �� .� 2 V � G O W A H � G W // Ck%f �O�r S '� ua EXHIBIT °C' Cri-Y OF RANC O CUCAMONGA PREUMINARY COS ZS- .=LI:z RAY aNANCYJONES APN 2D1.2.S1 M /63 t-7) Data: 2124/8• !Y: L2M ?!'G A I quo I E I I l z I zoo I I I i» i Ll SO,` RESOLUTION NO, tO02 =1'tTi O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A LIEN AGREEMENT FROM RAY AND NANCY JONES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. WHEREAS, the City Council of the City of Rancho Cucamonga to establish requirements for construction of frontage improvements in conjunction with the Lemon Avenue Reconstruction Project. WHEREAS, installation of curb, gutter, drive approach, sidewalk and pavement located at 9760 Lemon Avenue, to be made part of the Archibald Avenue Reconstruction Project. WHEREAS, Ray and Nancy Jones have submitted a Lien Agreement as reimbursement to the City for said improvements. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, does accept said Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 2nd day of April, 1986. AYES: NOES: ABSENT: Jeffrey ng, ayor a s ATTEST: t r f r very A. Aut a et, City Clerk A- > CITY OF RANCHO CUCA 1ONGA STAFF REPORT DATE: April 2, 1986 TO: City Council and City Manage - FROM: Lloyd B. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Ciell Engineer SUBJECT: Approval of Lien Agreement M:tween Ricky P. Miller and Jeanna M. Muter and the City of Rancho Cucamonga for street frontage improvements at 9780 Lemon Avenue The attached subject agreement between the City and Mr. and Mrs. Miller provides for frontage improvements which include curbs, gutters, sidewalk, and drive approaches in return for a 10 -year lien on the Miller's property fronting Lemon Avenue. Said street improvements will be constructed in conjunction with the City's Capital Improvement Project for the reconstructioi of Lemon Avenue from Archibald Avenue to Hermosa Avenue. RECONVENDATION: It is recocmendau ttiat City Council adopt the attached resolution approving the Lien Agreement between Ricky and Jeanna Miller and the City of Rancho Cucamonga in an amount not to exceed $3,000.00. ��S LIEN AGREEMENT This Agreement is made and entered into this day of _ 1986 by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to as •CITY•) and Ricky P. Miller and Jeanna M. Miller husband and wife, as joint tenants (hereinafter referred to as 6OWNER') for the installation of certain public improvements including, but not limited to curbs, gutters, drive approaches, sidewalks and street pavements along a portion of Lemon Avenue in the City of Rancho Cucamonga. A. Recitals (I) CITY has prepared plans and specifications for, and presently contemplates the installation of, public improvements along Lemon Avenue from Archibald Avenue to Hermosa Avenue and along Archibald Avenue from Lemon Avenue to Banyan Street (the 'Lemon - Archibald Project' hereinafter in this Agreement). (ii) OWNER owns that certain real property, Identified as San Bernardino County A�,essor's Parcel No. 201- 251 -58, which 1s located on Lemon Avenue, which property is within the limits of the Lemon - Archibald Project. (iii) CITY Is willing to include the street frontage improvements along OWNER's property located on Lemon Avenue (the Miller Portion hereinafter) within the Lemon- Archibald Project upon the terms and conditions hereinafter set forth. NOW, THEREFORE, it Is agreed by and between CITY and OWNER as follows; 1. CITY shall include the Miller Portion as a part of the construction of the Lemon - Archibald Project and shall cause a`1 necessary public improvements to be installed In accordance with CITY's plans and specifications therefor. The limits of said construction are more particularly described in Exhibit •B' -1- / ko attached hereto. 2. OWNER agrees to pay to CITY, in accordance with the terms of this Agreement, CITY's actual costs incurred In constructing the Hiller Portion. The A4 parties hereto agree that the costs of said eonstruction is S Arnn.ac�, as shown in the Estimates of Construction attached hereto and Identified as Exhib'. ..c.. 3. Upon completion of the Lemon - Archibald Project, and the Hiller Portion thereof, CITY shall cause a Notice of Completion to be prepared and Presented to OWNER. Upon presentation of said Notice of Completion, OWNER agrees to pay the full principal amount of Sa=0,m or before the 31st day of ')ecemb �� m 1936. OWNER may, at OWNER's sole rgtion, pay said amount of S in ten (10) annual installments to be due and payable on or before the 31st day of December during each calradar year commencing with the year 1986. In the event OWNER fails to timely make any payment specified herein, or in the event of sale of the property, the entirety of any amount remaining shall become due and payable to CITY. Payments shall be made to CITY at the Rancho Cucamonga City Hall, Attention: Administrative Services Director, or at such other address or person as the CITY may designate in writing. OWNER and CITY agree that in the event OWNER opts to pay the above - specified amount by annual installments, that said annual installments shall be due and payable withc-' invoice by CITY or any other notice to OWNER. 4. Clrf shall have and is hereby given a lien on OWNER RIs property (San Bernardino County Assessor's Parcel No. 201- 251 -53) to secure the full performance by OWNER of OWNER's payment obligations set forth in paragraph 3, above. In the event that OWNER fails to timely fulfill the payment obligations ; (%cA -AD 4EXCdiCI, -2 1/2 specif'ed in paragraph 3, above, CITY may, alternatitely, enforce and foreclose the lien provided for or sue OWNER on OWNER'S personal obli;ations hereunder all of which payment obligations shall be considered personal regardless of whether or not OWNER may have or shall have transferred all or any of VNER's interests in said property, whether by operation of law or otherwise. S. CITY's waiver of any breach by OWNER with respect to any payment obligation set forth herein shall not constitute a waiver of any other such breach. 6. OWNER agrees to grant to CITY, its elected officials, officers, agents, empluvees and contractors such rights of entry anS /or temporary construction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Miller Portion. 7. This Agreement shall be governed by and construed in accordance with the laws of the State 0 California. 8. In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the other party in an amount determined by the court to be reasonable. 9. This Agreement is binding upon and shall insure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors or assigns, wherever the context requires or admits. 30. This Agreement supersedes any and all other agreements, whether oral or to writing, between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges that no representation by any party which -3- Im e;57 L-A is not embodied herein nor any other agreement, statement or Promise Wt contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in a writing signed by all of the cartles hereto. IM WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. CITY PROPERTY OietEll CITY OF RANCHO CUCAHHaHH+A Ricky P. Miller CALIFORntA, a municipal Jeanne M. Miller corporation By: JEFFREY KING, PAYOR u iif Beverly A. Authelet city Clerk .q. 1(,5/ h. )(F. /J APPROVED AS TO FC0: City Attorney C; HHftlftf YR #f H RHHIRMR t ftHRHttf #HH ftttitfHitlHtfHiMH### }H#}HtHf STATE OF CALIFORNIA CO ss UNTY OF SAN BERNAROINO ale 19 before AUTHELET personally known to tie to be the Mayor and City Clerk, respectively, of the CITY OF RANCf10 CUCAMONDA, CALIFORNIA, a municipal corporation, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed it. WITNESS MY NAND AND OFFICIAL SEAL, Not ary gna ure — STATE OF CALIFORNIA 55 COUNTY OF SAN BERNARDINO �,," � W &ouwn y of �i�r yLS, leg before sis of Satisfactory evidence to be the p trson(s) whose name(s) L subscribed to the within instrument and acknowleged that &0 exerutea it. WITNESS MY HAND AND UH -IL-IK 5EAL OFFICUAL SEAL (_ JUCRN A ACOS!A .i — S&V m ZUM Ma avant( 10—_'r_ n, mR typ APR X 1e NOTE: Miff, DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, THE ABOVE FIffIIT IS NOT ACCEPTABLE. A CORPORATTOM/PARTNERSIIP ALg10WLEDGfliENi IS -5- 126 PROPYL£ SCALE. HOR /Z + / 40' `- V£RT 4 E /4 EXHIBIT 4VE /VVE 1 a / ti � W 1 p P b °3 A �a .z /a MILLER �ONOOn1 A W b b 0 i oz I 0 b C W m III W -e' ,so.'. �ONOOn1 A W b b 0 i oz I 0 b C W m III vo. EXHIBIT "C' "' w CITY OF RANCHO CUCAMONGA UJIT aaxr _ti�ouw 73601D J! _ A' ZNG'N lLNG Dsru rSN'T �-`a _ - LF I 1 y 3 PR8LIMINARY C. ��n ' COST ES �aT-' Dace: 7J241if. SF R1LKY 4_+FA%m MILLER BY: Leu 14Aa00 AV% .7D1- Z31.3B vo. TST'! I nuAv -rte wr UJIT aaxr _ti�ouw 73601D I I Prr rlJR6 A. C-U=F.R 87 I LF I 1 900 I IT- P DRIVE APPROACH (Z) 4e0 SF 3ro T 14Aa00 13 PCC. SID -_- WAU< AID SF 2°D p�2e3rJ j� / 7,:=; RESOLUTION NO.-f/: g3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A LIEN AGREEHENT FROM RICKY AND JEANRA MILLER AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SATE. WHEREAS, the City Council of the City of Rancho Cucamonga to establish requirements for construction of frontage improvements in conjunction with the Lemon Avenue Reconstruction Project. WHEREAS, tnstallotion of curb, gutter, drive approach and pavement located at 9700 Lemon Avenue, to be made part of the Lemon Avernre Reconstruction Project. WHEREAS, Ricky and Jeanna Miller have submitted a Lien Agreement as reimbursement to the City for said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, does accept said Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. IPASSED, APPROVED, and ADOPTED this 2nd day of April, 1986. AYES: NOES: AFSENT: ATTEST: Beverly A. Authelet, City Clerk er rey King. Mayor /73 CCTV OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: City Council ann City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Parcel Map 8902 located on the southeast corner of San Bernardino Road and Grove Avenue submitted by Robert Kirshbaum Parcel Map 8902 was approved by the Planning Commission on March 13, 1985, for the division of 3.15 acres into two parcels in the Office /Professional Development District located on the southeast corner of San Bernardino Road and Grove Avenue. Improvement will be bonded and constructed at time of building permit issuance. hlY ;;d-1T,jjfi'9 It is recommended that the City Council adopt the attached resolution approving Parcel Map 8902. acceptirg said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. *Resp"etfully submitt Attachments 1` / 7S-/ NI —� CITY OF RANCHO CLr —kNI QNGq title A �� -�� --obi 3 ENGINEERING DIVISION tm VICINITY MAP N pa ;e RESOLUTION NO. O G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8902 (TENTATIVE PARCEL MAP NO. 8902) WHEREAS, Tentative Parcel Map Number 8902, submitted by Robert Kirshbaum and consisting of two parcels, located on the southeast corner of San Bernardino Avenue and Grove Avenue, being a division of a portion of Lot 1, Tract 2952, as per map recorded in Book 41 of Hips, pages 2f. and 27, Records of San Bernardino County, State of Californi+., was approved by the Planning Commission of the City of Rancho Cucamonga: a,id WHEREAS, Parcel Map Number 8902 is the fii.al map of the division of land approved as sham on said Tentative Parcel Map: and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council o' said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8902 be and the same is hereby approved and the City Engineer is authorized to present save to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 2nd day of April, 1986. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk Jeffrey King. Rayor /(o CITY Or RANCHO CUCA310NGA STAFF REPORT DATE: April 2, 1996 TO: Mayor and Members of the City Council FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: APPROVAL OF PARCEL MAP 8763 - Located north of Sixth Street, west of oc ester venue, submitted by Ruchester Freeway North Limited Parcel Hap 8763 was approved by the Planning Comiission on October 10, 1984, for the division of 9 acres into 2 parcels in the Indus'.rial Specific Plan Development District located north of Sixth Street, west of Old Rochester Avenue. The required street improveme,ts on Rochester Avenue have been .noted or, the Improvement Certificate of the final map and will be constructed Prior to issuance of building permits for the parcels. A letter of acceptance has been received from the Cucamonga County Water District. It is recommended t.rat the City Council adopt the attached resolution approving Parcel Hap 8763, authorizing the Mayor and City Clerk to cause said map *, record. Re-spe4tf.ully submitted, o Hu City En neer LBH:LB:nas Attachment 1%% gQlts: lr�' CITY Y OF RANCHO C['CA \IONGA ,'. ENGINC•ERING DI \'IS10N 6 VICIN „v \I,�P „n I.- . lc; page RESOLUTION R0. "°`-°' M IS' IS' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8763 (TENTATIVE PARCEL MAP NO. 8763) WHEREAS, Tentative Parcel Map Number 8763, submitted by Rochester Freeway North, Limited and consisting of 2 parcels, located north of Sixth Street, west of Old Rochester Avenue being a division of Lot 3% map of Rochester, as per plat recorded in Book 9, page 20 of Maps, records of San Bernardino County wat approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8763 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NON, THEREFORE. BE IT RESOLVED by the C. 7 Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8763 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 * day of *, 19 *. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet. City Clerk Jeffrey ng, ayor / �9 CITY OF RANCHO CUCA31ONGA STAFF REPORT DATE: April 2, 1986 T0: Mayor and Members of the City Council FRDM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSIONS AND IMpROVENEAT t e venue west a Hermosa venue, submitted by Cri•.mar Development Corporation Tracts 9441 and 11609 were approved by the City Council on Febniary 21, 1985. The developer, Crismar DevgloPwant Corporation, ubsitted an agreement and security to guarantee the construction of they off -site bgrovements in the following amounts Faithful Performance Bonds Labor L Matorfals Ugnds Phase I y}41,700 Pli4sa 1 70,850 Phase It S14A'InQ phase Ii bete 741100 PPbase i11 $252.4iq jP�p'ihh+ate it 12661 Phase VY��5,3000tl pfi8se YY 325,OQ At this time the developer is requesting apptoval of a twalve month extension IT sald Hiprdiement Agreements. It is recommended that the City CpuncI aQopt 1114 attached resolution acrcPFlllpp uld agpreement extensions iA securities, end authorizing the Mayor an H Clly Clprk to sign said agreements. / Aas tfu IY to ttod, L IM1191 t I near LBH:LB:nas Attachment �gQ __ Cm Ur ROOIC C"C"OR(' Iwainta T (ITERS' AC DIERT FOR It t fs sadt Nd MtMld Into RNOV uE 1[N bT TPESE PRESENTS: That this agreeeNa by +ne Act cr eM S o to Cmf"ote Mlth the vreAflm> of the SubdNblm MID mtMtt�MIs Said PNCne EYCOemR +. C+llforna, o Iaetctvd Co lievelo 4, city. heralnatter referred to as the Cltyv refnred to as tm Dealoper. yiTl($Y.iP: flat. UK laid Ce..lov!r entered 'nth N IevroreRint agrto t with the Cllr +a a rNUl,,to to ISSUMCe of Dol.dinDl patsies, and ,KREAS, sold peveloper delitts N eattndm u/ tree to cmptete lM east of the said teprcreetot a4reteret. NW. THEREFOPE. it it hereby "'red br the clef and by odd Doralever at fall ors: rmMt a9ee t is r'th of " amlthe (rm the date o q nSlll K+proral 1. The cmplattm site of the tens of the sold emo EILlRM- hereby eet•.Aded by A q the raid tTtei°t• t «brides to reflect CRAMt ievrorI &h ll to the rerdapM tIsh this •Dreeetnt ••! thdl et !. t Hass IA 1eMDrnM Shall be fvniCned AttorMr• ,pprortd by the Car nts thereof Rn tat S. Ih, rt7ttred bond •tee the add1Um11 principal aanu forth m IM dtacted sheet. rt�t apre"o"t Shad �• All other tern Id Witimf of the tale ItprD reoaln to ace. the perelRpn teat sumlttN tl mew described teprertetnt As erlee lM! the trsoandel Im D„L*s Mreto:L•lned mnln. Ne of iota o of Comely Nd me affixed his OP at yFITHM PERROVINCE I= Additim•1 PrlevlDll Aeosnt: IVA V%TER1At AND [ANCf 5W Addtim+l Principal Aehr t: tM DEPOSIT m3la"tbb RfaO Addlttmd Cash Orposa• 61e RIA MINIEIIRRdE gµRANT[E m Prtnclp•t Aaevnt: vas l0 6C•D.NCt et the or by the CIp. To a vo .....o41tmct.of the or ....... w...........u.u.. ............... EP Clot v AAACRO I utmpardtm Oj IEORRIA, t em D by: m C ms qVr pET[to? Cra ur Oaralope. u tt : a Pn Ctclraveonne tfon. stet r n. sot at. it Q' %on, DETWER'S SIGRATUIE rUST BE 1gTAPIEEO III, I "W"Ai ne ndfwA IM'APIIMhI tiltosim AWLLMN, FOR pNDd ALL Mn U 1 ^ELM PRESENtS pr0elalpns /OIt t0a SvWjveMfan 1u0 �dIt the entries Into' Of In Confervanae v California. I (ins tip/I corporation. by and botvaen tM said Pena [•Kaeamga, y i ore t [ Oa Auw eforred r� /Rr"roOnatPayyyrpoel*peN a the C1tY. A^d I nor De NITNESSETN: I'll. ,PE�iaiu tavlacumn o�rOed iillEl *Mf�le,rv�Itf.r�inAt /greeMl uN LM WKPEAS. Said Developer deairta an a" Altod of it" to co/plete LM teen of the said Iupl'.n t /grie"A",. pN, IM0.EfWE, It Is hereby agreed Oy lit City NO by said Developer As fellers _ le 1 TM [ A,I.tlon data If the tenet �onl�s Ira[ the data Ott ivlre aott[nt of Mre*y C.terdtd by I perloo of It City LovnS� /ppreset the said Igrea,rai. 2 Nv l reflect ef costs Inrbse In IlQ- tde th's'91Caeeband M11 Shall M /mnlNed by thp rg ,pro," by in* City Attorney De S. /orN "Ire Iond O that, Iddttlonai nrincl0al M.-t. are t<t /. All other tel and conditions o/ the alai IapOratnt ag*teant Ma! a 1 .auln tee she• As e,josecc of undeer"sdt OdIAS tr n*' ,,hied tre OG 1W described *"Ov1atnt Coolly vied saes. security. And not I,filed his Signature hereto. FAITI M PEAy0NAka $ORD Additional p.•nc ipai Aenunl. N/A Descriptlwt. N/A Surety: Addrett INTLr Ial AND 1A0011 Pop Adaltlanal principal Aoowt: N/A Description: WA Surety: Address fASN 11(IDfIT ION1P'E>•T IeG 40ND NSA AddrLOml Cash Depose t: au,%,E,j NCE QELNANIEE SW ",."Pal Alaiat IVA posted prier to acceptance of tM protect by the C[tr. ............ ....... au.... a . .......................u.nw.... ClIT pEYELDPEe L&I DE IA, . NCAMNW ration an (AIf 00.AiA. • --141 141 corpo Crl�0 Olt t. yar Aube: Karl* Wry. president ben 7 t et. tl er /O•% pit: Cammirx'S SIGsaw "isy t[ pTAa1Rn 0 c- RESOLUTION NO. •EQ&4Z -S* 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01* RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT 16REEMENT EXTENSIONS AND IMPROVEMENT SECURITIES FOR TRACTS 9441 AND 11609 WHEREAS, the City Council of the City of Rancho Cucawonga, Crlifornia, has for its consideration Improvement Agreement Extensions executed on March 5, 1986, by Crismar Development Corporation as developer, for the improvement of public right -of -wry adjacent to the real property specifically described therein, and generally located on Wilson Avenue, west of Hermosa Avenue; and WHEREAS, the installation of such improvements, described in said Inprovomcnt Agreements and subject to the terms thereof, is to be done in conjunction with the development of said Tracts 9441 and 11609; and WHEREAS, said Improvement Agreement Extensions are secured and accompanied by good and sufficient Improvement Securities, which are ides ied in said improvement Agreements. NOW, TKREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement Extensions and said Improvement Securities be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extensions un behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this * day of *, 19 *. AYES NOES: ABSENT: ATTEST: Beverly A. Authe et, City Clerk Jeffrey M79, Mayor fn — MY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: Mayor and Members of the City Council FROM: Lloyd 3. Hobbs, City Engineer BY: Linda Seek, Engineering Technician SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT B - Located 65 e northwest corner Or L9th and Hermosa, submitted by Roy E. Daly and Company Tract No. 11781 was approved by the City Council on January 3, 1985 and Tract 11625 was approved by the City Council on January 23, 1985. The developer, Roy E. Daly and Company submitted an agreement and security to guarantee the construction of the off -sit3 improvements in the following amounts: Faithful merformance Bond: f 425.000 Labor and Material Bond: S 46.000 At this time, the developer is requestingg the -ovaoent Agreement for Tract 11781 be extended until June 15, .,uu and the Improvanent Agreement for Tract 11625 be extended until May 15, 1986. RECOK+ENCATION It is recommended that the City Council adopt the attached resolution accepting said agreement extension and security, and authorizing the Mayor and City Clerk to sign said agreement. ResD tfully suhmi ed, Lloyd k bs CityYgineer LP :t:LB:nas Attachment l �� CITY OF LUDO WCAMWA DVRDTOEIIT EITFASIOR AGME ER FOR taJ.[T Irtel OW ALL MEN By THESE PRESERTS: That this agremmt Is Win and entered 13to, In ConfOrwKe with the PrOUi SIMS of the Subdivision Hip Act M the City of aatMo Coc emgaa California, a esciclpal CorporatlM, by "I betwto the Said City. hereinafter referred t0 as the City, and aty L Dal, and woa, referred to as the Developer. YITIESSEnt: THAT, kWAEAS said Developer "term Into an tpmeltent agr,,,wnt with the City as a rMssits to Ilsoplce Of buildings scrolls. and HAERIAS, said Developer desires p extension of elq to cmplats the tam of Use said tsvnp event agreoent. RM THGEFDpE, it Is hereby agreed by the City IM by said Dmlcw as fol lens: 1. The cppletton data of the tam of the sa'd leprorment sgreceelt is hereby CxWded to J. IS. ties. 2. TAtreasa In tpr0r10ent sturitles t0 reflect Wrttnt Iap.m,t Costs shall be furnished by tth developer with this alo,,aot and shall be APING by the City Attorney. S. The repJired bond ton the addl[IOnaI principal AOoOnts thereof are let forth on the attattud shat. a. All Other tvwS aM corAillons of the sale Iprovmcnt deg m t Shall main the foe. As "Ida," of MOemt&Ming SM ~,IM, COnttintd thrift. no of Intent to "MI) with Sant, the D1.e1ow has ,bitted the below described IpravNent serurlty, and has Wised his signature aerate: fATTIEIL PMgMYICC !OD I.e .ription, Additional Principal Aww-: N/A A., ty: Address. MTERIAL AEC LABOR OW Description: Surety: WA Additional Principal Ascots: A Address: CAM DEPOSIT K KMTM Vw Additional Cash Deposit: KUXM U CWAMEEC Bum To DQ posted prior to aCCPrincipal Aeomltl eptanCo Of the twoject by the City. City OF wuCHO CDCAMWA p'Mg� /p /LKK /pp//JJ�� CALIfWIG, i e1MCID +1 corporation By: Jeffrey King. Kyr Attest: ay • , tr SM: DEVELOPER'S SICJIATUAC MW BE aOfARi® /O J a v i n CITY K RWJO JrADIW I79ROTOW EIiTRSIOH AMEOiEIiT fill It-0 n'8 AWOY ALL HER 51 THESE PREsChrs: That this agraement is made and entered into, 1n Camara""' NN the Pravislens of the Subdivision Hap Act Of the City of Rancho Cucamonga, California, a Wnlcipals�orooratia D Aid betwen the said City, hereinafter referred to as the City, and �' [. �+rr and Capang referral to as the "dope VITHESSETH: THAT, VNEREAS said Developer anterod into an teproremtnt agneent with the City al a noplslte to Itsee¢e of bVildings limits. and WOMEAS, said Developer deslms an attention of tie to complete the term 01 the said Itprdrement agreement. Rd THEAEFDRE, it is hereby agreed hr the City and by said Developer a folio": I. The epmoletldn pomp o/ the ten-, t the said tarovisent agrmepant is Mrelr attended to mV IS. 1986 .• lftmwe to lmrdvemant R alts bo reflect Curren. immw giant costs than be fumtthtd by the dlnloper •tth this agreement and shall be tpprd IS ty the City Attor my. S. The Sutural bond and the additional principal aaamts Seemf are sat forth to the attached shpt. 1. All clear teas and cWditians of tae said feprprnont agreement shall remain the sae. AL trldence Of understanding the MVltlom contained herein, and of intent to comply with saes, the Dtvtlaper has Submitted tae Mlw described iaproromit sea:rlty, led Ms affixed his slgnatm hereto: FATIMA. PFAFDR7u= BDL Dmscrlpeton; Surety: md Additional Principal Aitt N/A Amnia: MATERIAL Alto LA" BM Description: Additional principal Arrant: R/A Sdretyi Minis: CAVI DERWITHommyrisc will Additional Cash Depaslt: K%lWrDWCE CLLMAxrEF qC!,D To be posted prior to acceptance of tAe PrfmIPal Amount: O Of t«««OJtteiti by the City. CITT OF RANCHO WCAHOpCA DEVELOPER CALIMMIA, a aus.cipal corporation Br: rev ng. gor �� Attest: lar y et, V NM: OEVV- CPPER'S SIBRAT1BtE AM BE RDIAAIZED — f �r RESOLUTION NO. 40b4t-*W— 8(0 . 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11781 AND TRACT 11625 WHEREAS, the City Council of the City of Rancho Cucamonga California, has for its consideration an Improvement Agreement Exten• executed on March 19, 1986, by Roy E. Daly and Company as developer, for , improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the northwest corner of 19th Street and Hermosa Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereif, is to be done in conjunction with the development of said real property as referred to Planning Comm ission, Tracts 11781 and 11625; 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 I+T 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 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 * day of *, 19 *. AYES: NOES: ABSENT: ATTL T: Beverly A. Authe et, Ly Jeffrey KNF9. Mayor /1?7 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT April 2, 1986 Mayer and Members of the City Council Lloyd Hobbs, City Engineer Linda Beek, Engir._ericg Technician telCAarq o s � z s ice: 1 APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY ocate in [ract o on t e northeast corner of Civic Center Drive and Utica Avenue, submitted by Forecast Mortgage Corporation Development Review 85 -32 was approved by the Planning Commission on December 9, 1985, in the Industrial Specific Plan Development District located in Tract 12176, Lot 9, on the northeast corner of Civic Center Drive and Utica Avenue. The developer Forecast Mortgage Corporation, is submitting an agreement and security to guarantee the construction of the off -site improvements In the following amounts: Faithful Performance Bond: S 8.500 Labor and Material Bond: $ 4,250 A letter of approval has been received from the Cucamonga County Hater District. It is recommended thet the City Council adopt the attached resolution accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement. tRespe ed, LC LH:LB:ns Attachments: III I CITY OF RANCHO C'!CAMONGA ENGINEERING DIVISION PROJECT: °•R• TITLE; /85EXHIBIT.- aA' A CITY OF RAMCMO CUCMONGA IMPROVEMENT ACREENEST FOR DR 85 -72 CROW ALL MEN BY THVE FAESENTS: That this agreement 1s =ado AnH entered Into, In ConfOrmanCt with the previsions of the Municipal Code and Regulations of the City of Rancto Cocomenga, State of Cal ssifornia@ a CmCont�l.c'ralI. rerporation, hereinafter referr- ed and FOAECASI 6FVTa AUg COA�WATIOWy and hereinafter feiJ Clay horelnatter referred to as Lhe eve ooa�T -- THAT. WHEREAS. $eal 0ereloper desires to devoid yy certain real property in said City located IN TRA°T 012176, LOT 9 I and WHEREAS, fold City has established certain requirements to be net by said Developer as prerequisite to granting of final approval: add WHEREAS, the execution of this agreement and posting of Improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior cooplellon of said requirements fbr the purpose of securing said approval. NOW, THEREFORE, It is h2reby agreed by and between the City and the Developer as follow• 1 The Developer heresy agrees to construe* at developers expense all improvements described on page a hereof within 12 months fros the date hereof 2 This agreement shall be effective on the date of the resolution of tea Council of said City aperoving this agreement. This agreement shalt be In defle 10 on the day follow. ing the first anniversary data of said approval unless an esten- lion of time has been granted by said City as hereinafter provid. ed S. The Developer may request additional time In which to complete the provisions of this agreement. In writing not less than CO days prior to the default date, and includingp a statement Of circumstances of necessity for admit lm dal time In considera- tion of such request, the City reserves the right to review the provisions hereof, '"Clue Ing construction standards, cost a tlast*, and Sufficiency If the Iesrovoent security and to require adjustments thereto whom warranted by substantlai changes therein e If the Developer falls or nglects to camply with the provisions of this agreement, the City shall have the right at any time to cause $aid provlsl ns to be completed by any law- ful means. and thereupon to reco.er from said Dow eloplr and /or his Sun ty the full cost and esDenae ltnrrod in so doing, 5 Construction permits stall be obtnlned by the Oevei- door free the office of the City Eigleser prier to start of an work within the public right- of -w,y, and ties developer shall conduct such work In full eompl,ance w'th the regulations contained therein. Non-compliance say resv,t In stove l fag of the work by the City, and assessment of ,he De.altlas provided 6. Public right -of -way impcdvement work required shall be constructed In conformance with iptrovcd Improvement plans, Standard Specifications, and Standard Drawings and any ads jai -1- FORECAST MORTGAGE CORPOPATIOD S.F., O.A., Net., P.M..CVP 19D ""ducats thereto. Ceastruction shall Include Say traasttioas tad /or ether Incidental nrk date" necessary fee dralnair er Public safety. Errars ee owlif ilof discovered Airing ce,itrec- tlas shall be corrected a", the directip cf the city Engineer. pulsed work due to said plan wdlttcatio s shall he covered by toe preHslaas of this agrfene,t and Stirred by tha surety cavarl.q tee eri9iaal ylapued works. 7. Yale dueo within eaistlag streets shall t diligam,t- 17 ourtwed to caOpletms; the City shall hue the right to cerstet• boy and all wart in the event of vajuilifled delay to completion. aid to recover all cast and aspewae incurred frr the Developer tadlor his contractor by s.y laurel wins. S. The Oeveleyer shall be reganslble for reptrcev,e,t. reloc:tiaos* or resoval of any carrosent of cry errtgatta, water system, to ceorl•ct with the r"a /red earl to the sattsfactian of the City Engineer and the suer of the water system,. 9. The Dovel0V9- shall be responsible for reseval of a;l lease rest and aches debris from, the public right-of-way. 10. The Developer shall plant and plitbia partway tree% as directed by the Community Cavelo nest Oiractor. 11. The im,prevem,ant security to be raraished by the Developer to eoarant -e couplet$" of tae te. of `S,% agraweat shall to subject to the approval Of the City Attorney. The prto- cipal spun of 1610 Improvement security shall wet be loss than the Moves stare: •2. / T/ CITY OF Nape Ctg'AIMWA DaZoarE PPWIR FFM SSD VXE 3ML: Does wt Include mrtvat fee tar aa-Iting petit ar pasatat demits OOtg7TTT tsil IT14 PRICE N4M I-F. L.F. D.C.C. srrh . 12' 241 gmer 725 L.F P.C.C. �b . 5• C.F 24• gutter V, P.C.C. mro mly 6..00 L.F. A.C. Den 5.50 S.F. l• P.C.C. sidevala t.`50 1.77 S.F. S.F. Otte acpmam 8• P.C.C. at :s gutter (fm. torsi 2.50 BCD C.T. C.*- SttM eataiAtfm I.7artm mtafamt 7.a0 1.50 S.F. S.F of s ode 0.!5 I so omshed Agg A tmer9 ase (P: ch thick) 0.07 TOR A_- f((SOO to 1700 tms) 2s:� imN 45.00 S.F. l~i.CC. . (ndero� tm)l A.C. (7• thick) ®'03 S.F. S.F. Perm A.C. (tram) D.SS 1.75 Ex I• thin A.C_ ovcl.r o.03 EA. Adjust serr nWOle m EA. Adjnt sew Clem M to grade 150.1.1 -- -_ �_ EA. sueet wB valrn to grade Streit ltgatt 75.00 SSaO afo) 2j. 1000.00 1.01 LF. ream heaatr 1.75 S.F. amoral of A.C. P.reitat O.30 L.F. L.F. Rasoval of P.C.C. e¢e 00 EA. li m al Of A.C. hen Stmt sign 1.00 IA L.F. geflectars am xsts �.m 25'03 -_- S.F. Ca to block •.il Retaining wlI 25.00 TUR Aggregate ease 20.00 _._ C.T. ---- VF. CmaC.e strsctan la` RCP 2000 0 7.03 425.00 L.F. L.F. 2:• Q8 36• to 1500 D 2000 0� 29.00 35.00 L.F. EA. 49• Ell ]200 D11111) 49.03 76.00 �--- EA- L,... baste Y • 4• rAtth basto Y a a• MM 00 EA. EA. Calm bufA Y • 22• x'03 4Sm teal de0reisim 41 Lout dearessim 12• 500.00 00 EA. FA. Omstim ittuctorm 1000.00 5003.03 �L Dion Structure Std 0SD5 Sui==t' Std 0507 1503.03 EEA.. L.F. iOutIIdn Dolts 500.00 40.00 em 9nrd pawl („md) 25.03 EL L.F. � IL (4g• rlag) _-' '-- bead" 2.03 4000.00 -L= S-F. �- t.F• taodiupt t Irigatim .") 1.75 j 50 M-MT )`CASH CM711MICT COSTS mr) XWJCCUMM �r (CASs) L"M M M TTER a= I=) s. "rermost to 4 a!�f 6lestne i as%,� �ae.Q. ti eaaiftp tt"I, ftwifed in pow t. r _ IMI �T A RESOLUTION OF THE CITY COUNLSL OF THE CLTr OF 11111100) CUCAMONGA, CALIFORNIA, APPROVING, INFRUMNENTf AMM48Rt AND INPROVENENT SECURITY FOR DSSDPRFNR REVMWi ROL. 85.T -P WHEREAS, the City CounciT of the Clty, off Randrm Ciuczewmgl�„ California, has far its eonsideratiam aT Improv9aert Aged: execut b on March 11, 1986, by Forecast Mortgage Corporatiom as devalbper. a fimr life improvement of publ fe right- of-way, adjacent ta; tire rears p+apertyy spea3fMcm1Mq described therein, and generally Tatatei im Ti-act II176y, Unit 41„ am Me northeast corner of Civic Center Drive amb Uticm Avenue" ands WHEREAS, the installation of sect. Imprmauerts,, de;cr*ibodl tm saM Improvement Agreement and subject to the term therm is ttu be dime fm conjunction with the development of said reel property- as refesnn b tm Rfimr1bgI Commission, Development Review No_ 85-34 and WHEREAS, said Improvement Agreement is sesu edj an%b aaauzowf-eU by/ good and sufficient Improvement Security,, whicin it I'deatMeh fm saddh Improvement Agreement. HOW, THEREFORE, BE rr RESOLVED' by the City, Cmu zfr, off the Cfi1y aff id: Rancho Cucamonga, California, that sa Imprm ea>BrC Agree mi: amH sddl Improvement Security be and the same are hoebyi apprmre�U anti tine NSyprr is hereby authorized to .ign said Improvement Agre�emt on, hehsTF afF Lire MW odF Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this'' daffy afF AYES: NOES: ATTEST: very A_ Authe et, City Clerk tag; /93 RESOLUTION NO -,EO4 R ?G- ?9 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING PARCEL MAP NUABER 9301, (TENTATIVE PARCEL MAP NO. 93011, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 9301, submitted by haven Tec mtcal Center Partners, and consisting of 2 parcels, located on the east de of Haven Avenue, south of Arrow Route, being a division of a portion of the south 29D fleet of Parcel 2 of Parcel Map 1993 was approved by the Plinning Cocmission of the City of Rancho Cucamonga on November 13, 1985; and WHEREAS. Parcel Map No. 9301 is the final map of the division o? land approved as shown ur said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City nave now been met by entry into an Improvement Agreement guaranteed by acceptable Impro%ement Security by Haven Technical Center Partners as developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvemerr. Security submitted by said developer be and the sane are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest, snd that said Parcel Map No. 9301 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 thi:: * day of *, 19*. AYES: NOES: ABSENT: ATTEST: ever y A. Aut a et, City Clerk e rey ng, ayor brATA CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: April 2, 1986 TO: Mayor and Members of the City Council FROM: Lloyd B. Hobbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: APPROVAL OF FINAL MAP IMPROVEMENT AOREEMENi AND IMPROVEMENT CUR T 0 - oCate on a east s de of Haven nue, soutft�Tr_row Route, submitted by Haven Technical Center Partners Tentative Parcel Map 9301 was approved by the Planning Commission on November 13, 1985, for the division of 5.24 acres into 2 parcels in the Industrial Specific Plan Development District located on the east side of Haven Avenue, south of Arrow route. The developer, Haven Technical Center Partners, is submitting an agreement and security to guarantee the construction of the off -site improvements In the following amounts: Faithful Perrormance Bond: $ 50.000 Labor and IA;Aerial Bond: S 25.000 A letter of approval has been received from the Cucamonga County Hater District. C.C. & R.'s have also been approved by the City Attorney. It is recommended that the City Council adopt the attached resolution approving Parcel Map 9301, accepting said agreement and security, and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respectfully ubmit ed, 00ofdll b }� City tny!�oe ^/ L64:LB:nas Att,.chment 1 _ rt. 191{ - vrcrNlTY MAP N.TS. nr y�o° ff CITY OF RANCHO CUCArv(( ENGINEERING DIVISION rm VICINITY MAP 1 \ Pace N pate CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR PARCEL HAP 9301 An OR ALL MEN AT THESE PRESENTS: That this agreement Is Dade and entered Into, 1N Conformance with the provisions of the Municipal Cade and Regulations of the City of Rancho Cucamonga, State of California, a munlclpaI Corporation, veralnafter referr- ed to as the cityr by and between said City and HAVEN TECH CENTER PARTNERS hereinafter referred to as the Developer THAT, WHEREAS, laid Developer desires to deveoyyy certain real property In said City located E/0 HA "-II 9/0 ARROW. ; and — WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of Improvement security as hereinafter cited, and approved by the City Attorney, are deemed to bt equivalent to prior completion of said requirements for the purpose of securing said apprt al NOW, THEREFORE, it is hereby agreed by and between the City and the Developer as follow: 1 The Developer hereby agrees to construct at developer'% expense all improvements described on page a hereof withln 12 months from the date hereof. 2. This agreement shalt be effective on the date of the ttiOlutlon of the Council of said City approving this agreement. This agreement shall be in default on the day follow - Ing the 'Irst anniversary date of said approval unless an eaten. slon of t,me has been granted by said City as hereinafter provid- ed. 3 The Developer may request additional time in which to complete too provlsl on$ of this agreement, In writing not less than JO days prior to the default data, and Including a statement of circumstances of necessity for additf one) time In considera- tloa of such 1e91est, the City reserves the right to review the provisions hareo ;. Including construction standardt, cost aft lmate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein a. If the Developer falls or neglects to comply Nth the provisions of this agreement, the City shall have the right at any tine to cause sold provisions to be completed by any law. ful means, and thereupon to reco,er from said Developer and /or his Surety the full cost and expense Incurred in so doing S. Construction permits shall be obtained by the Devel- oper from the office of the City Engineer prior to start of any work within the public right- of -wy, and the dewgloptr shall conduct such work in full Compliance with the regulations contained therein. Mon- CCOPIIAnce may result In stapplag of the work by the City, and assessment of the penalties provided. 6. Public right -of -ray improvement work required shall be constructed In conformance with approved inprovemtnt plans, Standard Specifications, and Standard Drawings add any special -1. 7365 HE.UW; AVEINE RANCHO COCAMONOA, CA 91730 S.F., D.R., Lt.. P.M..CWP /C) /_ aeendmuis thereto Construction shall InS,ude any transitions and /or other Incidental wort deemed necessary for drainage Or Public safety. Error% or eplisions discovered during construe- tic, shall be corrected spon the direction of the City Engineer. Revised work due to said plan modificatipms shall be Covered ty the provisions of this agreement and secured by the surety covering the original planned works 7, tiort done within existing streets shall be 41119ent- ly pursued to cpmplstldn; the City shall have the -fight to complete any and all work In the event Of unju%tiffed Coley in completion, and to recover all cost and expense Incurred from the Developer and /or his contractor by any lawful suns 8. The Developer shall be responsible for replacement, relocations, or removal of any conDOnent of any Irrigation water %y%ten in conflict with the required work to the setisf act ton o/ the Clty Engineer and the owner of the water System- 9 The Developer shall be responsible for removal of all loose rock Cad other debris from the public right -Of -way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director 11 The improvement security to be furnisted by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of tht City Attorney. The prtn- clpal amount of said improvement security shall not be last thed the amount showat -t- /97 ,w QUANTITY •'•~ ITEM CITY OF RANCHO CUChMON011 MOUNT ENGII.EERING DIVISION • CIICROmmi:hr PERMIT fEE SCIIEDULE Far Ieprarement Patrol Nap 9701 Date: 2 .6d--- Ceapule y: at SCIDCaP -' File Rerercncd'9 : City Drawln5 No. _ XULd NOTE: roes not Include moment fee for L.F writing peeatt or pavement deposits QUANTITY UNIT ITEM PRICE MOUNT 40 L.F D.C.C. curb - 12• C.F 24• gutter 7.2; if6 _ L.F P.C.C. curb - S' C.F 24' gutter 6.00 L.F P.C.0 curb only 5.50 -'� L.F F.C. berm 4.50 nvT - S.F. 4- P.C.C. sidewalk 1.75 . u9 n• 70:0_ '.F Drive approach 2.50 7 129 m+ S.F 8' P.C.C. cross gutter (Inc curb) 3.40 S7C- C.T Street excavation 1.50 +.AM M C.T Imported eabankment 1.50 9777 - S.F Preparation of subgrate 0.15 1.a14o5 9RS- S.F Crushed agg. base (per inch thick) 3 4 0.07 TOY A.C. (over IJ00 tans) 27.00 _ TOY A.C. (900 to 1700 tons) 35.00 -� TOY A.C. to 900 tons, 45.00 21�- TON A.C. (((500 under 500 tons) 60.00 n .aon"ca S.F. A.C. J• MCA) 0.55 •,5 _ S.F Patch A.C. (trench) 1.75 •.101.71 3240 S.F 1• thl'k A.C. overlay 0.33 972.00 1 EA. Adjust sewer manhole to grade 250.00 250.M EA. Adjust stv'.:lean art to grade 150.00 I EA. Adjust water .Alves to grad' 75.00 SI).00 I_ EA. Street lights IOLO.M o0 25 L.F Barricades (fntarsec SS,.-3 molt.; 600 _3,o00 SC".M 391 L.F 2 a a• rerwaod 'wader 1.75 eezn 210 S., Removal rc 6 , pavment O.JS 73.50 Ito '.P. Removal of P L., '.."t. dissi,e-t 1.70 691.00 L.F Removal a! A.0 Per-, 1.00 EA. Street Wns 200.00 22 EA. Reflectors and Sorts 15.0 LF Castrate block will 25.00 _ S.F Retaining wall 20.00 TOY Aggregate base 7.OD C.T. Concrete structures 42S.00 L.F. 18' RCP (2000 D 29.00 L.F. 24• PCP ((1500 D 35.OD -� LF 36' RCP 2000 0 49.00 -- L..F 49• RCP (1200 7 76.00 EA. Cato, basin v • v 2000.00 -- EA. Catch basin W • 8' 2900.00 EA. Catch basin W • 22' 4SOO.OD _ EA. Local depression 4' 500.00 EA. Lxal,depre3Sion :2' 1000.00 EA. Junction sciuctcrel 5000.00 _ EA. Outlet structure. Std 1505 1500.00 ' I EA. outlet structure, Std /507 500.00 sno.oe EA. Guard posts 40.00 L.F Guard panel (wood) 25.00 190 L.F Sawcut 2.00 --nO.Tu- EA. Oal"11.1 (a8' w1n9) 4000.00 L.F Redwood header 1.75 420L_ S.F. Landscepinyy a Irrigation 2.75 1i 9.n on L.F 8311 curb (P.C.C.) 7,50 ENGINEERING INSPECTIUI FEE SUB TOTAL 43,663.23 •RESTORATION /DELINEATION CASH COMINGENCT COSTS 103 -17.313737- DEPOSIT (REFUNDABLE) FAITHFUL IERFOR2WICE BOND (2003) tMINAOIEINATION SURETT. (CM) /300.00 REAOW AND MATERIAL BOND (503) ,•' "Pursuant to City of Rancho Cucamonga � foal [ode• Title 1. Chapter 1.08, adopting See , b Bernardino County Code Titles. CMD!er$ 1_5. a easA nstoratta, dailnea -Im deposit shall ,,, 4 D FAITHFUL PERFORRAR:E Type: P, Incipal Amount: 50,500 aims and address of surety: MTERIAL AND LABOR Type: Pr1ACIP11 Amount: 25,750 Name and address of surety: CASH DEPOSIT PONUHENTATICN Type: Principal Amount: 1.300 Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY In WITNESS HEREOF, the parties hereto have caused these presents to be dull executed and ape owletge With all formalities required by law on the date set h opposite their Signatures Date n�.A ey Developer Data A)(11% by(--- /F'eca.ti•.. Developer Acceptrd: Nan n uufp1SV� _ J inwnn ?AR 19980 ee1 Cg1,P3 o,�tsleh li. 6 ry.,w w,,,,n,v„a.xw,nw rr R .r [varwM..r.nr_ ema[ V_ [•[Rvjtt. PAUL Qllv_ers EG ,0...•aTYY Mrn ,emu, Y�.dYp�b .rv.r ec .._.._ .. r.va Haven tneh Center Partners — hiwwrwy ( Dwfa!A DiCVYf C r.. .nw.w,u.rY 4 ,.w.rm Y`1i13'�N s Off. Y.oYa � �l,Ar 9 w,ntll ' R tw• � ��' nY.... sur,.w aw i DEVELOPER'S SIGNATURES RUST BE NOTARIZED -3- SDDmTISIOM GUARA47EE NO PERFORMANCE (SETTING OF Flhac MONUMENTS) city council City of Rtneho Cucamonga P 0 Boa 607 Rancho Cuamonga, California 91730 Gent l teen: Parsuent to Chapter 4 Article 9, S<ct ton 66497 of the Government On Code, the undersigned hereof agrees that all mOnveare to be set the final map of PH 9701 and furnished oy a su d r er s eny neer as rsDee if lad in the Wore to furnish the Engineers or ur,.Y.r a arc cat. an agrhes notes thereon to complete all engtnaerin9 red ulrueats specified to Section 66497, of the Government Coda The undarf l9nsd hinds you here alit the Sum of $ 1 00.00 dnuvrn as 4 ash deposit, said deposit to 9uara tee t at a defiled f AS will ethset A dsptc if tedes6 that•the engineers Orr, surveyor •ill the he on ,J by the undersigned It Is further understadd and agreed that In the Brent the ithill timerus�pecified. to •the Cityl of Rancho Cucnl9a is requirement authorized t to costs thereof d is eto toe ea ncharge c Completed a9alnst said ash deposit, and the Lnf fro oeo as atohthcrdifeldlty Ns l h Eeptfit e et the eaerCi fund It is further agreed that if tl.e undersigned Ones not present or Ovid a nce to the City Council that he has paid the and engineer the •vrveyor for the setting of the final monuments, enqIneer or Surveyor glees the notices prescrlo.d in Sectilln the 561,97 of the Government Dose, herein City Shall Day to said en9lnear If the cost of completing said ragulrements exceeds the :court of the ash deposit. the undersigned agrees to Day the difference .Ilhin thirty (10) days after receiving vritton Statuent from the City of Rancho Cucamonga snCcifying the amount of the difference hetueen the cash deposit and the actual cost of said requirements Cordially, xAVCta TFKx CexTC• _, suhdnvleef 7769 NCLULW 'LVE,— Address PANCNO tVC' "_..�. et r7p Date Meech 16. 1986 The depositer of record (for return of any portion of the cash deposit) shall he�� vl[1 7369 Na Imn Ave. Ranchoo siucammn a Cal 91730 less r TOtEE SUBMITTED FULLT FILLED OUT AND SIGNED f��iT — CITY OF RANCHO CL GAbiONGA STAFF REPORT DATE* April 2, 1986 19 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -OIA request to amen a and -Vse Kiy�y-Tie General an from Low Density Residential (2 -4 t--!ac) to Low Medium Density Residential (4 -8 du /ac) for 13 SC acres of land located on the south side of Feron Blvd..,etween Archibald and Turner Avenues - APN 209 - 055 -02, 03, 8 14. 1. BACKGROUND: On February 19, 1986, the City Council held a Public ear ng on this item and determined that approval of the proposed Amends+ent would be appropriate. ilowever, at the time the required docmentatlon authorizing the applicant to act on behalf of the pr„perty owner was not submitted to the City. Consequently, the City Council held off on approval of the required Resolution pending sibmittal of such authorization by the applicant. On March 10, 1986, we received the appropriate materials along with a letter from our City Attorney stating the authorization is in order. No additional information is needed prior to final action on this Application. tied, Brao,ouiier City Planner BB,.OK :das of the attached Resolution and the •ation is recocsended. Attachments: Letter from City Attorney Aut;iorization February 19, 1986 Council Report Resolution Of Approval —am Otto Eroutil Senior Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Re: Hawkins Ceneral Plan Amendment Dear Otto: Enclosed please find an original of the letter I requested verifying the fact that the proper party has applied for the above - referenced general plan amendment. The letter is in order so long as tha property description stated in the letter matches the property to which the general plan amendment would apply. Assuming that the correct property is described, the matter ought to be placed back on the Council consent calendar for the next meeting for final approval. JLM:sjk Encl. Please call if you have any questions. Very truly yours, James L. Markman City Attorney City of Rancho Cucamonga -RECEIVED - CnY OF RANCHO CUCAUONOA FLMNINO DIYOION AM MAR 101986 8 �03 ! 7:. Nuwen Dxc cnlc i JAV i! l xxRFV1N IOYNTM IWO l.O. YOF 1010 xxDRLW V xe02TNfR1 RAV. D NAN5ON eRP\GUIORMM 030ii•101e O CR JO IOx �nW HO.OIOI T[\VMONL xARTMA JO Oil! \,R 1)1 60" 30" March 6, 1986 Otto Eroutil Senior Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Re: Hawkins Ceneral Plan Amendment Dear Otto: Enclosed please find an original of the letter I requested verifying the fact that the proper party has applied for the above - referenced general plan amendment. The letter is in order so long as tha property description stated in the letter matches the property to which the general plan amendment would apply. Assuming that the correct property is described, the matter ought to be placed back on the Council consent calendar for the next meeting for final approval. JLM:sjk Encl. Please call if you have any questions. Very truly yours, James L. Markman City Attorney City of Rancho Cucamonga -RECEIVED - CnY OF RANCHO CUCAUONOA FLMNINO DIYOION AM MAR 101986 8 �03 ! LAW OFfICE5 SANGER. GRAYSON. GINNER 8 BOOKS D4600 -000 March 4, 1986 James Markman, Esq. city Attorney Duplicate Via Messenger Post Office Box 1059 Brea, California 92622 -1059 Re: Deukmejian Fanny Trust Dear Mr. Markman: This letter will confirm that in accordance with the torus and provisions of the reukmejian Family Trust dated March 22, 1979 (the *Trust"), Joan Deukmejian is presently sole trustee of the Trust with full power and authority to execute any and all documents in connection with the sale, mortgage, rezoning or developmont of the Trust Prtato or any part thereof, including, without limitation, the processing of a general plan change for the real property legally described as Lots 1, 2 &a' 7 of Tract $955, Reversion to Acreage, as per Plat recorded in BooX 74 of Maps, page 20, Records of the County of San Bernardino, State of California. Should you have any further questions with respect to the foregoing, please addreea then to the undersigned at the above- referenced office. cry , f J HICBAEL SILVZR Sanger, Grayson, Givner t Bookie WIS/bla cc: Jean Deukmejian Pam Morales John Hawkins ��FIVg� yAR Q051 5% .�LSr n.nauuL L.wL .uncelc Ias,> vt�ruu Louuvuu. wrt[ eoD nLwu LnV ro wrn LtQ [MCJ.O GNI,OIM.. 91UfY6i Encino W iOYfM INLlLL WYL nur xulr.L c.lnonlu nunlowu uu1 �>vm Izu, m•m dna amL. nunL>.[ error rxtrm T[LLCM[L Ybl )L}Jpe OYL Iqr MO D4600 -000 March 4, 1986 James Markman, Esq. city Attorney Duplicate Via Messenger Post Office Box 1059 Brea, California 92622 -1059 Re: Deukmejian Fanny Trust Dear Mr. Markman: This letter will confirm that in accordance with the torus and provisions of the reukmejian Family Trust dated March 22, 1979 (the *Trust"), Joan Deukmejian is presently sole trustee of the Trust with full power and authority to execute any and all documents in connection with the sale, mortgage, rezoning or developmont of the Trust Prtato or any part thereof, including, without limitation, the processing of a general plan change for the real property legally described as Lots 1, 2 &a' 7 of Tract $955, Reversion to Acreage, as per Plat recorded in BooX 74 of Maps, page 20, Records of the County of San Bernardino, State of California. Should you have any further questions with respect to the foregoing, please addreea then to the undersigned at the above- referenced office. cry , f J HICBAEL SILVZR Sanger, Grayson, Givner t Bookie WIS/bla cc: Jean Deukmejian Pam Morales John Hawkins ��FIVg� yAR Q051 5% CITY OF RANCHO CUCAMONGA STAFF REPORT DATE- Fecruary 19, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Lisa liininger, Assistant Planner SUBJECT: ENYIROOVITAL ASSESSMEYT AND GENERAL PLAN AMENDMENT 85-0IA request to wend the Lan Used a Map of Lhr eenG�ra Plan from Low Density Residential (2-4 du /a') to Low Ildium Density Residential (4 -8 du/ac) for 13.55 acres of land located on the south side cf Feron Boulevard between Archibald and Turner Avenues - APN 209 - 055 -02, 03, 14. I. BACKGROUND: The applicant requested a Gene, el Plan Aamli et fray LmenTfy Residential (2-4 du /ac) to Low Madiimi Density Residential (4-8 du /ac) for a 13.55 acre site located in the Noah Tom neighborhood of Rancho Cucmonga. A previous General Plan application for this site which requested an increase in density to Medium Density Rzsideitial (4 -14 du /ac) was denied by the City CoueLll in December 1985. The attached Planning Commission report provides rare detailed information relative to this item. II. AANNING 1ISSIOR ACTION: The major issues considered by the Is and nfng �-= ss on at r January 22, 19x6 hearing were land use• compatibility and consistency with the goals and policies or the General Plan. The Planning Commission determined that the Change to Lou Medium Density would not create signficant land use incompatibility, oith existing single family development surrounding the site. Issues regarding comatibillty of housing type in the 4-8 War. range with the Predominantly single family detached bc-% -s in the neighborimd, could be resolved through dasign and site plan review at the project level. Additionally, the loCS.iion of the Low Medium Density ;roject withir a Vie Density area was determined to be consisr rt with e goals and policies of Oa General Plan by •encoura :r^ ;,-w'xy housing diversity without changing the single family haracter of tie• surrounding residential nefghborh000.' Thus, the proposed Change= appears to be consistent with the General Plan if the single family character of the r._tghborbood is preservr., by use of a - :apatible• project type. .DOS - 1X& CITY COUNCIL STAFF REPORT Dd GPA86 -01A - HAWKINS February 19. 1986 Page 2 III. RECOMMENDATION: The Planning Comnissicn recommends approval of the General an 9endment and issuance o! a Aegative Declaration. If the City Council concurs, adoption of the attached Resolution of Approval eolution would be appropriate. attached. Should the Council not concur, a It should also be noted that the :ity Attorney advised staff and tie applicant that prior to Council approval, additional documentation would be required indicating the applicant is authorized to act on behalf of pr %,arty owner. As of this writing, this documentation has not been received. Unless satisfactory documentation is received prior to the hearing, this item should be continued. Rtfully3ybml , Brad Buller City Planner BB:Lil:ko Attachments: Planning Coam1ssion Staff Report, January 22, 1"86 Minutes of January 22. 198E Planning Commissinn Meeting Resolution of Approval Resolutior of Denial DO& CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 22, 1A6 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Lisa Mininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -OIA MWKINa - A request to amend the Land use Napo the �eneraTMan from Low Density Residential (2-4 du /ac) to Low Redium Density Residential (4 -8 du /ac) for 13.55 acres of land located on the south side of Feron Boulevard, east of Archibald - APN 209- 055 -02, 03, 14. ABSTRACT: A General Plan Amendment 1s requested from Low Density ASfUential to Low Medium Density Residential for a 13.55 acre site located in the North Town neighborhood of Rancho Cucamonga (see Exhibit •A•). The applicant previously requested General Plan Amendments to Medium -High Density Residential and to Medium Density Residential, which were denied by the Planning Commission and City Council after review of the Environmental Impact Report and discussion regarding land use compatibility issues. At this meeting, the Commission will receive public input and consider the General Plan Amendment to Low Medium Density Residential (4 -8 du /ac). ii. BACKGROUND: The project applicant, John Hawkins, has requested a Te—ne—raTTTan Amendment from Low Density Residential (2-4 du /ac) to Low Medium Density Residential (4 -8 du /ac) In 1984, the applicant submitted a request for General Plan Amendment 84 -03A from Low to Medium High Density Residential. After preparation of an EIR as required by the Commission, it was determined that the approval of the application would create significant environmental impacts which could not be mitigated. In addition, significant land use compatibility problems were noted. The Amendment was denied by the Commission, appealed to the Council, and to June 1985, denied by the Council. In September, 1985, the applicant submitted an application for General Plan Amendment 85 -04D for a change to Medium Density Residential. The application was denied by the City Council in December 1985 or, the grounds that the land use change was inconsistent with the policies of the General Plan relating to the land use compatibility and transition of density. The applicant has now resubmitted at a lower denisty rat.ge. C ITEM N PL4'iN1NG C0114ISSION STAFF REPORT General Plan Amendment 86 -OIA January 22, 1986 Page 2 III. P.n.CJZCT AND SITE DESCRIPTION: A. Action Requested* Environmental Assessment per the attached Initial Study and consideraticn of the General Plan Awndaent. B. Location. South side of Feron Boulevard, between Archibald and urnT er. C. Parcel Size: 13.55 acres. D. Existing Zoning: Low Density Residential. E. Existing Land Use: Vacant. F. Surrounding Land Use and Zoning: North - Rmcho Cucamonga Middle School designated Low Density Residantfal (24 du /acs. South - AT b SF Railroad right of way and winery, designated Industrial Specific Plan. East - Single family homes, designated Low Density Residential (2-4 du /ac). Nest - Single family homes, designated Low Density Residential (211 du /ac). G. General Plan Designations: North - Low Density Residential. South - General Industrial (Industrial Specific Plan). East - Low Dens4ty Residential. Nest - Low Density Residential. H. Site Characteristics: The site lies at the terminus of a drainage c anne w t a small drainage course traversing the center of the site in a north -scuth direction. A large portion of the site lies within the 100 year flood plain and is subject to periodic flooding. Vegetation consists of a raw of Eucalyptus trees along Feron, scattered trees, shrubs and grasses. Feron Blvd. provides direct access to the site, with Main Street dead - ending into the site on the east and west property boundaries. IV. ENVIRONMENTAL DETERMINATION: The final EIR for General Plan en ent scusses potential environmental tayacts for four alternative land uses for the site; Low, Low Medlua, Medium and Mixed Use. The discussion of Low Medium Density stated that this alternative represented no significant impacts. Based on the PLANNING COMMISSION STAfF REPORT General Plan Amendment 86 -01A January 22, 1986 Page 3 conclusion of the attached Initiai Study and the EIR, staff recommends issuance of a Negative Declaration for General Plan Amendment 86 -01A. Y. GENERAL PLAN ANENWENT ANALYSIS: The mayor issues to be cons er regard ng s app cation are land use compatibility of the proposed density with existing development and consistency with the goals and policies of the General Plan. In the Low Medium Density range of 4 -8 du /ac, devile -z nt could theoretically occur with housing types in a single family, zero lot line, duplex, or low rise townhouse -type pattern. Since the surrounding area is developed with older, single family detached homes with densities up to approximately 6 units per acre, development in this range could be compatibly, with existing development. Development at the higher end of the 4-8 unit range could create some incompatibility with surrounding development. However, this concern can be addressed through appropriate design and site planning at the project level to assure compatibility and proper transition. The General Plan states that Low Medium Density is 'characterized by residential densities somewhat greater than the Low Density Residential group.• It states that Low Medium Density would be appropriate within low density areas to encourage greater housing diversity without changing the single family character of the surrounding residential neighborhood. Therefore, it appears that development of the site at a Low Medium Density 1s not inconsi,.tent with the goals of the General Plan, provided that the single family nature of the area 1s preserved by use of a compatible project type. Vt. FACTS FOR FINDINGS: Should the Commission, upon examination of e General Plan Ame dment, determine that the change from Lae Density Residential to Medium Density Residential would promote the land use goals of the General Plan, and that tFi si�imendment world not be materially Injurious to the adjacent properties, the TFUNig findings are necessary on approval: A. The Amendment does not conflict with the Land Use Policies of the General Plan, and; B. The Amendment promotes goals of She Land Use Element, and; C. The Aoendmeuc would not be materially injurious to the adjacent properties. PLANNING COMMISSION STAFF REPORT General Plan Amendment 86 -01A January 22, 1986 Page 4 VII. CORRESPONDENCE: This item has been advertised as a public hearing niche 6aii�Re art and notices were sent to all property owners wit n eet of the boundary of the proposed property, in addition to other Interested area residents. A 4 foot by 8 foot supplemental notification sign has also been erected on -site. VIII. RECOMMENDATION: Should the Commission determine that the required acts or n ings can be met, adoption of the attached Resolution of Approval and issuance of a Negative Declaration would be appropriate. Should the Commission determine that the Facts for Findings cannot be met, a Resolution of Denial 1s also attached. Respectfully submitted, Brad Buller City Planner 88:LW:ko Attachments: Exhibit •A" - Vicinity Map Initial Study Resolution of Approval Resolution of Dental QID MEDIUM LpNV a,i. :i ,,SCHOO-L SITE lit t � I• _J. i —_'�_'. —__ _ • �.? �iiww: v..:�«L:3:.�.Fri }'• +:i {ii�:�i:; :;.may: — AlA -: MNNM\ VMV:Y.IY:Tl1•.1•:'.•�::- :•�;�y' •I .I :r. A I V` : GENERAL. IND.USTRIAL� GENERAL PLAN DESIGNATIONS NORTH CITY OF rmm, 6Zd 9iL:_om O CUGAMONGA nRANC uqm PLANNING DIVISION EXHII3Pn _"�" SCALE. DRAFT EXCERPT - PLANNING COMMISSION MINUTES - JANUARY 22, 1986 N. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -OIA - HAWKINS - A tal (2 -4 du /ad to Low Medium Densi`v Residential (4 -8 du /ac) for res of land located on the south sioe of Feron Boulevard, east of d - APN 209 - 055 -02, 03, 14. Brad Buller, City Planner, reviewed the staff report. Commissioner Barker asked if the project was a market rate project, could the developer come in with a request for a bonus thereby increasing the density. Mr. Buller replied that a 25% density bonus could be possible which would increase the number of units from 8 to 10. He additionally advised that this would be an issue addressee by both the Planning Commission and the City Council, if requested by the applicant. Chairman Stou` opened the public hearing. Tracy Tibballs, 10522 Wilson, Rancho Cucamonga, addressed the Commission on behalf of the applicant. Mr. Tibballs acknowledged that the 25% density bonus Issue for affordable housing if requested would be addressed by the Planning Commission and City Council at a later date. He requested approval of the General Plan Amendment from Low Density to Low Medium Density. Nacho Gracia, 10364 Humboldt, Rancho Cucamonga, supported the amendment and stated that he was happy to finally see the density reduced to an appropriate level. Commissioner Barker asked if Mr. Gracia understood that the density could come in at 10 with a density bonus for affordable housing. Mr Gracia replied that he would like to see what that would mean on a site plan, since he was not sure how that would affect the number of dwellings constructed. There were no further commants, therefore the public hearing was closed. Commissioner McNiel stated that this was the density which was established as the one most suited for this parcel and was glad to see it finally reduced to that level. Commissioner Chittea stated that 4 -8 is acceptable and could be compatible; however, was concerned with compatibility should the density increase to 10 under a density bonus. Commissioner Rempel was concerned with the development of condominiums or apartments in this area of the City. He stated that this type of product is inherently incompatible with the area due to surrounding uses such as the school on one side and the railroad on the other; therefore, could not support the amendment. He suggested that the project be developed under the terms of a Development Agreement. Q14 Commissioner Barker agreed that 4 -8 units per acre is ai appropriate density for this parcel; however, was concerned with developaent at 10 units per acre under a density bonus. Chairman Stout stated ttat he had not changed his opinion that 4-8 units per acre is an appropriate tensity for the parcel. He indicated to the developer that when the Comissior expresses strong concerns regarding compatibility at higher than 8 units pei acre this issue will come up in the design phases, therefore strongly urp:d the applicant to consider this concern in their building program. Commissioner Chitiea asked if there was a way to tie a development agreement to the land use amendment. Mr. Markman replied that a development agreennt replaces zoning not the General Plan designation; therefore, could not be applied to the land use amendment. Mr. Markman indicated that before this project goes before the City Council documentation would be necessary to indicate that the people signing the application are authorized to control the land use on the property. He advised that if this documentation is not rece'ved, I. would be necessary for the City Council to continue consideration of this item until it is received. Motion: Moved by WNW, seconded by Stout, carried to recommend issuance of a Negative Declaration and adoption of the Resolution approving Environmental Assessment and General Plan Amendment 86 -01A, Hawkins, to the City Council. Motion carried by the following vote: AYES: COMMISSIONERS: MCNIEL, STOUT, BARKER NOES: COMMISSIONERS: CHITIEA, REMPEL ABSENT: COMMISSIONERS: NONE - carried Q13 C.p..K 5/ /a cv--k . RESOLUTION NO. 86-69 A RESOLUTION or THE CITY COUNCM DP T83 CITY OF RANCHO CUCAMOCGA. CALIFORNIA, APPROVING GENERAL PLAN A"DMENT N0. 86 -GIA - WKlBS REQUESTING AN AMGNDMRNT TO THE LAND USE ELEMENT 07 IUN RANCHO CUCAMONCI. GGNERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 DO /AC) TO LOW MEDIOM DPNSITI 'lESIDWIAL (A -8 DU /AC) FOR 13.55 ACRES Or ND LOCATED ON PERCH BOULEVARD EAST Or ARCHIBALD AVENUE - APN 209 -035 -02, 03, a 14 WHEREAS, tLe Planning Commission held a duly advertised public bearing on January 22, 1986 to consider all comments an the proposed General Plan Ansaduent No. 86 -0IA; and V�OlEA9, the City Council bald a duly advertised public bearing to consider all comments on the proposed Gauural Plan Amendment Not 86 -0IA; fldingae SZCSTDLLt The Rancho Cucamonga City Ccuucil r.4D make the following A. The Amendment does not conflict with the Land Use Policies of the General Plan. B. Tbs Ameatatat promote, goals of the Land Ua9 Element. C. Thn Amendment would not be materially injurious or detrimental to the adjacent psopertiaa. f of lwn E[CILM it The General Kao Land Use Map $ball be amended as APB 209 -035 -02. 03 and 14 shall be CLaoged from Law Deniity Residential (2-4 du,ac) to Lou Radium Density Residential (4 -8 du /ac). SECTION it A Negative Declaration is bereby adopted based upon the completion and findings of the Initial Study. NON, THEREFORE, SS IT RESOLVED, that the Rancho Cucawcga City Council hereby approve, General Plan Amendment No. E6-01A. PASSED. APPROVED, and ADOPTED this a day of a, 196. ;—;) /t CITY OF RANCHO CUCAMONGA STAFF REPORT Qatar March 36, 1986 L9A Tor City Cmncll and City manager Pronr Jim Pesedettl, Assistant Park Planner Subjects AMAPD OF COATRACT FOR DEMOLITION OF THE EXISTING 6TRL_ ;'J LOCATED ON THE NERhMA PARR SITP. Consent Calendar Item •A- Bids were race. red frog four bidden for the above referenced demolition protact. The local bid mounts are an follows, Shooter c Butte, Inc. $ 91500.00 Century Demolition Company $ 9,800.00 Falcon Demolition, Inc. $10,600.00 Laird Construction, Inc. $11,500.00 A 8UMWrY of each bid proposed Is attached for your review. RECOMMENDATION, That the City Council award the Contract to Shooter 4 Batts, Inc., as the lowest, qualified bidder on this project for the bid amount of $9,500.00 and authorise funding of the fall contract amount Plus contingency from Park Development Fund. CD/15, —,a,_ 6 T��J, Reply To Ccpova He=IX=,am Q T�V�o�•Mas�lhev CO [f�'+oSGOLI•StYLCersBy3„YaCStI •(6gi; "'� Li TG40Ff�w�c ♦Tfl5u�e218.Orxb+M.pSt C�4raa42270•(b�3CSF.,Z7'D II - 25. 2986 sl=ez ly. l !� A � v Edw=d A_ T&m- -A. -.rr Pm7e= 0 e o 0 :r O U1 ° v � r. rA. 44 T ` 1J1y••Q • r e jA J gip ��//jj p Tom Y':�iaRVm FL !DT f � /� y (, r�! « 0� r. fPd I YD1_e� Qi All (a pip r i�,is 1 CENTURYDEMOLITION COMPANY tO 4 P. O. Box 163 0( ttLtr Llaram Pomomt Cal((omla 91769 C21- 41Q511 7141622 -5601 PROPOSAL& In consideration for payment as described in paragraph three below, Century Demolition Company, hereafter referred to as 'Con- tractor,- agre•is to perform demolition service et the following site location: 6707 H6FUbSA AVZ5VE IS rn CITY CP IW.,CIO CUCA=.,CA Such demolition services as described are requested by and for the benefit of CITY OF RAMC :', CUCA,"OROA hereafter roforred to as: 'Purchaser 1. Description of ServiCea& DEVOLISH AND REMOVE P°O)4 °ITE SIVCLE PAMLY DrLLIM TO I'XIXDE RMOVAL OF ALL STRUCTUPES, SLA-3. ASP -ALT QD CONVMTS YALIWAYS, I.VTLRIOR PLCCI.VO. LILY POSO,_$ISC. DSBRIS, TRESS A.VD SLRUSS, TPEES- 1AONCLIA J610 PALM -TO RErAIS (,9 DEZI :7ATED DY CITY). !LOVE IN-0ROUND SWIIM113 PDOL, SUPPLI DTIr. COPPACT BACIPILL AREA ',0 90S DDENSI:Y, COIAIPPACTIO3 MOM' TO OE PROVIDCD TO CITY AT teyn&C -OR EIPS4SE. I7nless5 otherwise notelrf beowaLil buildings, improvements, attachments, and all materials resulting from demolitions and/or removal shall become the property of the Contractor. Purchaser warrants that no other party has either a legal or egaitable fntetest in a&ly of the improvements on the property and that purchaser hat the legal authority tr give such pro- perty to the Contractor and further Purchases agrees to indem- nify and hold Contractor harmless from any claims by third parties for the removal of the improvements on the property described herein. 2. Property to be retained by purchaser 3 ��1r16�k FF_�t/,i= hND Pn[�_S �l'exd�rl AfPG�.Wn s 5F1MP1044 Yoe& AjCP.a) Page 1 of 2 --)-/ e a. 3. Contractor agresa to perform the above described services for the sum or NT}�ugAn'7 -2I I^ r�f7�PL0 Dollars (S_ 9ffb m ) with payments to be made _ _._.911 ccnac.^rTOx The enngtfi�re amount of the contract price to be paid within t oni from theayabovetsppecifications invoolving alteration extra oostawill only be executed upon written orders for same, and will become an extra charge over the stus in this contract. All agreements must be in writing. Without acceptance this proposal will nit be valid after 05 days. NOTICE TO PROPERTY OWNER If IL an net pad in sets 61 tiro tabor "mim, equip e "t ar mararWt hmIMN er V be (erafMed, • m• disom Om e, -41 V Me bear, through mart tore. dawn pnuNiap, of W tar pan of year pnperry buy re L"I mM mar be Field sWora W ''@parry one IAmgb you ben put rear metnnar Y t.F You auto "A to pretest yourself 81,102 •Ld unnutw by 111 ragaRrel Yam actuanor to tumhs a ei)nN "I'm by a, Prase er thn omy you this "able boon mMn1 Faymnt " your ".tram, " (2) try 81141 "read or dmi Mk► d appropriate Yad,, he pmmce= CONTRACT: CENTURY DEt10LITI0N CO,4;JANy By Date TA'10AR2 31 19 E,6 Contractors are requ.red by law to be licenn ^d and regulated by the CONTRACTORS- STATE LICENSE 801" -RD• Any questions concerning a contractor may be referred to the registrar of the board whose address is: CIntractorsr State License Board 3132 Bradshaw Road Mailing Address: P. O. Box 26000 Sacramento, CA 95826 Telepllcnor (915) 366 -5153 You ate hereby authorized to furnisT all eguipmont and labor to complete the above listed work. IME agroa to pay the amount specified in said proposal according to terms thereof, together with reasonable attorneys fees and court costs incurred by Contractor should legal action oo undertaken to enforce any of the terms and conditions of this contract. ./ Accepted by: t^ Qai�G Page 2 of 2 a -6 'ir knoli6aie tnG � JanudAy 20, 1986 Uty o6 Rancho Cucamonga Coeeumc ty Se4v.ice6 DepdAbnent. P. D. Sox 907 Rancho Cucamonga, Catt6aRn44 91730 ATTENTION: Jun Benedetto RE: DenO:.ctcon and Atte eteWV -" O6 6797 Henm06a Avenue, Rancho CutamoKSa, CA Dean Jun: AA pet your .equal.. Fateon DemotAt on, Inc., to eubmotUng a LUNP SM PRICE o6 $ 10,600.00 to aemove a 4,ting Atiuctiue6 and vegetation at the above ne6eJi- .eneed aUe. THE PRICE IACLUDESe 1. Removat and haut Quay o6 "4 t ng Wcetd<n96 and "wetunea 2. Removat and haul array o6 concrete &tab6, 6oating6 and wathoayd J. Removat and haul mlay o6 poot and pout decking. {. Sack6EU 06 pool (not to be a cectc64ed 6ittl. S. Removat and haul may e5 ttee6, ehuu66 and deb&a. 6. Removat O6 leptcc .tank. 7. Removat o6 chain t4nA 6ence6 S uahctczation. 9. Dap Feca. THE PRICE MUTES: 1. UU&ty D+awnnect6. 2. Perm". J. T.eeb (Z Patma and 1 Maggot& to eeo ). 0. 4na66e6 oven exUAe ei,te. S. fupectc4n6 Shoutd you have any quutcan6 o4 nequtne addit4onat 4A6oneatwn, do not Wi,tate to cast. 610 K 45— etTnztle Fnoet Da s: idswf M?A ib+146uebY. n CWmdp4 CA e1M • al0Wang LAIRD CONSTRUCTION CO., INC. Genes) En91findnp Contactor 9460 LUCAS RANCH ROAD . RANCHO CUCAMONOA CA 9173015797 ('14)9896595 January 15, 1966 City of Rancho Cucamonga 9320 Baseline Rd. Rancho Cucamouga, Q% 91130 Attention: Jim Benedetti Project: 6787 Hercosa Ave., city of Baneho Cucamonga, CA n eexrwnw uc Na pan: .tcaNre.na uc «o wu • ee.oeoxsmucnoN GMD1M coNC HEAW RE E • FAW EW.M6NT IIFMAI Gentleaan: We are pleased to submit our bid ou the above referenced project: 1. Rconve ow (1) each house, two (2) each garage, and mist. trees Lump Sum $11,500.00 Q(AI.IFIGITIONS: n (a) See U bit A Tern and Conditions attached. If bid is accepted, please complete the fol.3 rdng information (per ,ection 3097 California Code of Civil Procedure), sign and return one copy. OU:IFA ADDRESS CONSTRDCTION LENDER ADDRESS GM3LAL CCNTRACTOR ADDRESS SIGNED BY DATE JBL:3d 30 days /4 -30-86 attaehsant Respectfully subml�ted, Ocx CfR75 CTIO'7 INC. sAnket Lai \ eary ry aai wa Clxmuer[nl M. W. M•.IT •A TT[ett atatnl+r L oep tntdnt• wcn. u. ..... .mtr.eetnt Via ut" Cbo— t-11. G.. Inc. b • {e-nal,'ar .r .vbcm- .ru[er, [em .r•q r"mu. to 'Pe•t• •gall M tm.ervN to "" .mh {m.nl. Va.• " •ebcmctu.or. 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Tm:rR[ r call boa. m 1101ILH and 1. hereby tole-`o"ddby . or �•u•v oburvct`m MC .nub f"' to, or bto.dal. of • w......u.d 'b.. IN. wfu• 01 u• Read. d to. c[tel bt oetru[at• 0. Any doe-{• ..... ba" H toy 1•a.m or sa "t -lm bqe. m [ (CYnenuN w tnn•• slab) QDO MINT "0 - Treed W Coadinan• (feetd.) 12. pei.0 rneMe. ratified , Or ass •fine* IT". Wall me. in., &. "r on KOO me -t.W •f • tat Pia. as .read I. finish wh["e. ad din Kll Nl.r. 4 rtes a.... will N Wa ter .) doeu. dLK p q". w7y —Y. e[ 1,11 b.lht In. K.oll, Ike eadirten-I ecce KII be prforW onlaao It "'cm[Gy N ales -t 11 Qaar or by Any wtN[K.d arsr- O pr. ..I of C.e.r, It Inn., refu•r to nm . Mast. P"r for art[. "a, r tnns. .... eld. the es,,, AS ado *.a, .hall �) U m c of :.We' "Gesalc.4 I'Slen uad era KtNUt • Wife- choose erdr, It Say do ee PGtI.. swaps[ a" Ile IO praaa far maps" and l0 IKCre Sac It. Ceatmta[ to me G.pn.m. for deal..,* or ea ..ew.ne hllurn L .r.. KW Sees 1... (1) Seneca toil "' dad halt Wu&. for •11-9.4 "Pert) 4.0&. decd AT C tr.ctav will net be hpgesd Salads b meP ft" .e urlt1nS and also.. 1. unalni 4 Nees less, to an,, [rain being W-. 2.. Mf.v.t C tractor Shell be excu." for ens del" in csglatm of Wtd yndo.ec two" by .G at fM L .l"l,s. We me tire" to K ". .W. flood, snn. Ided.M.. subsidence And earthquake. days of . et uSe• shat gets atroltor- egley" by Ueda,; acts at pabll. uclittlo. Or lrelev.tai or publl. best" or Sit .,a.,l ataes.l Ske.PS. labor evacuate, tabor •Ion daunt, .Mb.. Seta •delKp ..S,S . r "maim W Redose, 1. it a; taoml- tloa. blq a [renpen.es.; char o"ecea 1. We wife fallen• of Pn1. W nuts. "pant. . Ceatrata[ r ra- .dr" odor I" .,r..ar ee Olney .woe. kayoed tN reasonable cancel of "a tractor, my of tables *hall wtmti- ..Ily -title morales td roren.ale e[ .r.rrm rten-ta of W. carters. "to at roe once• ocd an a h ttl.bl. "Ju...c of the controls Prin to cmpar.W contractor for all ran W oneness of "dlclasl A act Sam a ars,Patr or "tons' And wend" eldcea" rnulelol ha enT Such delay. 32. site e..,aee lean Ip. wce bond" tar tt soh'. .ever.[ 1. hr" apes Wa Pl.v wed Lsr bladWg end Nab ace <oMl.An helot a nruect" ay Wad* plena, me User Kll tern end pine at the prep..", lt... to W Cmernt., end provide . tics." lo" samaycr'• n "n Sea .'. It •pad..ay, Ceade.ecr ..tae. m re.boo.lbllle, ace Ilabtlim for " oIssy- a.. r d..&.. rad.War I. or solo•" to site, 0011 or .umerf.• .WGtom Imp "led, but rc limit" G. degree of cantle•, ground eager, psoal-tint Oscar. deal..&.. cecta, filled {Toms, eatable Pound.:o"onrta. ".alre •ell or arch gemrat f[a a) awn .p- Gema[, or tab, any ease else Send an Won r ",eve e s . the taw of WI annum of W/• rantract. Clear Proceeds at bolo o a Kent, We end 1[ See NN non ad . •l. tale aaSe.e, retain W. nret.a. of aonr.t .ell- consultants to tan..l&.sa doLSelol ac"letoea and We acv sell&.. t.- nn saoni.. ace pgrfon attar lose., beem.1. Wee. .halt "p N 4.ed W half! !10 contract or cab llJ,a. additional trVlr Wnrl . the Cp.er.Gr. it denni the cuun0 at ca.tmatla h.ra Adar, my of "a .e "{tlong ester[" td heel" •hold be encounter ", Gres Contvctor -hall .... on[. hassled., tit% nnGlees", -ear -psr hold N. We y the Pee, KW the C.tracnt for ant done .Pecos Incurred at to N I.mre.d by reason of Sold cads G:n.. SAO Additional roe •rpm. ,hall be at doer lo eye .,n rat Payable ee eat fanb In W- Ser.,uPb am.rotn9 .cads wad! harela. 2). LtCIS sle uent :e lrtal r.Nlrwtt. act.. 1. Nr•ay ice. chat coac[.nn era resulted by lm to be Sit .no" a en r.related h the Coaer.m['. Sure Means* N-". My "-setae ueeaUlm, o n.r.eeor h be nhmd to the both..•. of in. boo" Sun address Is ee Solid", Cmrs"to, '. Sera 4c... U.N. 1071'2• fG..c. Gclw.ts Cat3 foe.-. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: DISCUSSION OF POTENTIAL GENERAL PLAN REVISIONS I. BACKGROUND: At the City Council meeting of March 20, 1986, the ssuT a of potential General Plan revisions was discussed by the City Council. Staff was requested to come brck with a report outlining options available to the City Council and addressing the feasibility and perceived need for changes to the General Plan. This report provides the information requested, and outlines staff's perspective of the General Plan, element -by- element. II. ADMINISTRATIVE REVISIONS: Revisions to the General Plan are already on the work program. However, staff's intention was simply to address issues of administrative nature. This would involve an update of the document to reflect all Policy changes and decisions made since adoption of the document in 1981, and removal of superfluous language. This administrative update would also include a general cleanup of the document, to assure internal consistency among the various elements. Finally, an update of the General Plan EIR was anticipated Li give us a more meaningful document which cuuld serve as a master EIR for future decisions. The use of the document as a master EIR would eliminate the need for at least some future EIR's associated with individual projects or decisions, and would simplify the environmental review process In general. The administrative update, involving no major policy changes, would involve mostly staff work and relatively limited review by the Planning Commission and the City Council. This level of review would take approximately seven person weeks of staff time for the General Plan, and additional three to four weeks of staff work on the EIR, with the bulk of the FIR work to be contracted out to environmental specialists. Mr I Land Use I Circulat'j,i I Housing I Land Use Public Facilities Development I Community Design i Open Space Envirormental Resources Energy Conservation j Seismic Safety I I Safety I--. Public Health Noise Safety �. Figure 1 -3 GENERAL FLAN ORGANIZATION 0 L I 0 Handatory Element Optional Element Super - Elements aas EXHIBIT °R "• CITY COUNCIL STAFP REPORT Potential General Plan Revisions April 2, 1986 Page 2 III. POLICY REVISIONS: In addition to revisions of purely administrative nature, Council directed staff to look at potential changes in areas of policy as well. Exhibit •A' illustrates organization of the General Plan. The foll.iwing is an outline of existing General Plan elements, and a brief description of each: A. Land Use and Oavelopment /Super Element: 1. Land Use Element: This is the most often amended e ement o t e General Plan, reflecting both privately initiated and City initiated - mendments for specific parcels of land. Last year alone, we processed 12 such requests. In addition, in August of 1985, the City Council considered more sweeping changes to the General Plan and elected not to proceed with any revisions at the time. The options considered were: a) site specific land use revisions in specified areas in the community, b) reconsideration of density designations Citywide, and c) revisions if land use through modifications to land use categories Citywide. Staff will need specific direction if policy changes to the Land Use Element are to be considered. 2. Circulation Element: This element will require su stant a administrative revisions. In addition, results of currently ongoing Citywide traffic study may warrant policy changes as well. 3. Housin Element: This is a relatively new element, adopted y the City in 1989. No changes are mandated to this element until 1989. At this point, staff sees no need to update the element, outside of minor administrative changes as outlined in the previous section. 4. Public Facitittes Element: Substantial adm n strat ve c anges will e necessary in this section to deal with past decisions in the areas of _ Parks and Recreation, park acquisition, civic facilities, etc. No policy level changes are anticipated. M CITY COUNCIL STAFF REPORT Potential Gtner,l Plan Revisions April 2, 1986 Page 3 S. Com unit Desi n Element: Through the development o an agress ve rev ew process over the past five years, the City has been able to develop a better understanding of its design values, community identity, and other design related issues. Staff sees the need to formalize this knowledge through substantial restructuring of this element. Council direction in this area is requested. B. Environmental Resources Su er Element: This super element nc u es onservat on, en- space, and Energy Conservatinn elements. Outside of administrative revisions, no major policy changes are anticipated. C. Public Health and Safety Suoer Element: This super element nc u es a sm c a ety, Safety. an o se elements. Outside of administrative revisions, no major policy Granges are anticipated. Iv. SUK4ARY /PEC014MEHDATIOH: The administrative update as proposed by star is re at ve y minor in scope. and only eleven person weeks of staff time revisions. If the 1Councaidl to o dshtotinitiatermajorl0 licydlevel revisions to the City's General Plan, staff will need direction on the scope of these revisions and their priorities, to develop a realistic work program for the project. Basic options are outlined below: 1. Administrative Revisions and E1R if only. 2. Adminlstrative Revisions lus conslderatton of olio changes in soecifled e ements. to wou suggest cons eras an of policy changes fn ge area of circulation and community design. If policy changes in other elements are also to be considered, staff will need appropriate direction. Respectfully submitted, Brad Buller City Planner BB:OK:cv r tn't -v!� wr r. nNi rYmb�a a.nr.� AY�i tbY.Y w IIm , ub-r a. Jr trr1� sIN r rIa tv rwN d rY Y Y a Y Aaa411 r asaYrYYWa r Yp.r+.rW tal WI. VYi pYlr YO�Ir a.YYb`�WYI �pA LL wa Yt Ali ra M� �b Y W Ia tra a q I rwurYY4rllla Yp1a rRM Yr Iia I � °ula RO � a�e� � r•Y� I�Oa��O et 6lri �Y Yd Y N \M.YY•1 Yr14 a Ir - rr..rralr..I Plbr sr lYpb- a rrlrw. AIYY rYlaula llYl lra. Ya�al�alpNra V Y111rw�•. 6 r•r v � alla Y !I, IIYV Rulb IYI b YY. OO �ilsYl ►/a llrt NRlY tM.) Nor Io•) YY�faw,A • ) t Ib i N Yb / IY4Y I V.aaO(Y YYYO I r �� b Y�Ir YI Il Ian r. Plbr tafYpb�YrrtYa, AiY-r w °Iw 4 i Rvr rRa rr. Ow rra..w it Nill tY4) uR w.v ti. Yrlrr uiwwl�.Inl�rY,urrr .W..,YI..°. PINT YwRIb �Yawnbt Yr-f Y•al a1L (�4 YIIIIN MIrrr1. R 41•r� �r w0 4 Rte, Yrl (IYlla IYI 1I OYMY ia�14r1IVl NoYI M.1 rIN. A H.M Y lar : Yb � IYWIr IU.YYJIR bYYrY N M nrar tIfI�W1Yr1YMOy rY }IMbHYI aYr rYOr. s r. r tYNb afar r..u1. CHRONOLCSY CODC EGFORCflEMT OF THE 9400 BLOCK OF HAMPSHIRE AVENUE VIOLATION: Maintenance of Open Area - Commercial Zone 04 Feb 86 Joe Torrez, Cade Enforcement Representative, while on inspection, observed the couth side of the 9400 block of Hampshire to have a recess area with about one foot of water. The lot in addition to weed growth was scattered with trash from lawn clippings, tree triaming, domest4z discards, auto parts and a motorcycle. Attempt t^ .untait the responsible parties was initiated. 06 Feb 86 Yap. Robert Rizzo, Assistant City Manager, contacted Joe Torrez to inquire if Mr. Jim Green had made contact with him in reference to trash and stagnant water at a property on the southeast corner of Helms and Hampshire. Mr. Torrez stated that Mr. Green had not made contact with him. M-. Torrez informed Mr. Rizzo that he was already in process of correcting the problem and he was doing a research for the property owner in question as well as the other adjacent properties with similar problems. Mr. Torrez attempted to contact Hr. Green by telephone that day, but was not able to make contact. 11 Feb 86 Letters of Notice of "Jolation (17.10.050(D) - Maintenance of Open Area) Development Code, were sent to all property owners with a fourteen (14) day period for correction. The 24th of February was set for next inspection date for compliance. The following were sent said letters: f1 Allsize Rancho Cucamonga (9497 Hampshire Stret) c/o Gary Dapelo c/o Goad Wildman Hegnes S Valley 5000 Campus Drive Newport Beach, CA 92660 02 Frank Workman (9498*Havpshire Street) 2501 Hhittier Drive LaCrescenta, CA 91214 Original Letter sent to: 640 Glendale Terrace Glendale, CA f3 Charler 6 Jacquelyn H. Hughes (9479 Foothill Blvd.) c/o Forrest Perry 9180 Orange Street Rancho Cucamonga, CA 14 Jacquelyn M. Hughe; (9455 Foothill Blvd.) 1101 Fulton Avenue Sacramento, CA 95825 05 Levels Development (9377 Foothill Blvd.) P. U. Box 670 Upland, CA 91786 24 Feb 86 Joe Torrez, Code Enforcement, made a second inspection and found that no correction had been made. 03 March 86 Joe Torrez issued warning citations to all parties with the exception of Lewis Development Company. Lewis Development advised on 13 February that as soon as weather permitted they would take care of the problem. 11 March 36 violation on property /3 was abated. 01 Apr 86 Citations issued to 02, Frank Workman and 14, Jacquelyn Hughes by Joe Torrez, Code Enforcement. !1 Atlsize Rancho Cucamonga (9491 Hampshire Street) c/o Gary Dapelo c/o Good Wildman Hegnes & Watley 5000 Campus DrivP. Newpart Beach, CA 92660 11 Feb 86 1st Notice of Violation (17.10.050(0) Maintenance of Open Area. 2nd inspection due 24 Feb 1986. Return receipt: 02- 12 -86. 24 Feb 86 2nd Inspection -- no corrections. 03 Mar 86 Warning Citation !1576 issued. Return receipt: 03- )5 -86. 11 Mar 86 Mr. John Brewster called to advise that construction shack would be set up in approximately two weeks with con�truction to begin within thirty (30) days. 17 Mar 86 Received letter from Mr. Brewster confirming telephone call on 11 March 1986. 01 Apr 86 Sent letter reminding due date for clean -up or start of construction is 11 April 1986. No acticn will result in the Issuance of a citation. ►2 Frank Workman (9498 Hampshire) 2501 Whittier Drive La Crescenta, CA 91214 al Feb 86 1st Kitice of Violation (17.30.050(D) Maintenance of Open Are: sent to 640 Glendale Terrace, G1enCale, CA. 2nd Inspection due 27 February 198b. 24 Feb 86 2nd Inspection -- no corrections. 03 Mar 86 Warning Citation 11577 issued. Letter returned 24 Feb 86 as "No Such Address'. 01 Apr 86 Letter and notice to appear, issued Citation /0358 by complaint. e 43 Charles & Jacquelv.; ;;. Hughes (9501 Foothill 21vd.) c/o Forrest Perry- 0133 orange Street Rancho Cucamonga, CA i Feb 86 1st Notice of Violation (17.10.(50(0) Maintenance of Open Area. 2nd inspection due 24 Febrv,ary e6. 24 Feb 86 2nd inspection -- no corrections. 03 Mar 85 Warning Citation #1578 issued. Return rereipt: 03- 07 -86. 11 Mar 86 Violation abated. f4 Jacquelyn M. Hughes (9455 Foothill Bivd.) 1101 Fulton Avenue Sacramento, CA 95825 11 Feb 66 1st Notice of Violation (17.10.050(D) Maintenance of Open Area sent. 2nd inspectiol 24 February 86. 24 Feb 86 2nd inspection -- no co,•rections. 11 Mar 86 Returned mail. Envelope indicates mail was refused. 01 Aar 86 Letter and notice to appear, issued Citation }0359 by complaint. 15 Lewis Development Company (9377 Foothill Blvd.) P. 0. Box 670 Upland, C4 91736 11 Feb 86 1st Nctice of Violation (17.10.050(D) Maintenance of Open Area. 13 Feb 86 Received call to advise that they would get to the problem as soon as weather permitted. 28 Feb 86 Violation abatement started. CITY OF P.ANCHO CUCAMON, FEDEVELOFAIENT AGENCY MEMORANDUM DATEt April 2, 1986 TO: Chatrmon end Members of the Redevelopm Agency FROM: Laren M. Wasserman, City Man BY: Jack Lam, AICP, Dirputy Executive Director SUBJECT: BUSINESS IMPROVEMENT DISTRICT PROGRAM At the Agency meeting on March S, 1986, the board requested staff to prepare informatio., on business improvement districts. Staff is currently in the process of collecting Information end reviewing xxlsting business Improvement districts from other communities that are aimed at enhancing existing businesses. Upon receipt and review of these districts, a wspective of existing proginlns as well as a discussion of various alternative methods will be presented to the board. A report R anticipated to be ready for tha Agent' meetlag of May 7, 1986. The report will be descriptive in nature but will outane the general steps in developing a progran and present the policy Issues associated with such a program. After the Agcnay's review and discussion of this report, staff would implement whatever policy direction the Agency board decides upon. z• ORDINAMCE 30. 7eB 02 RANCHO CUCAMONGA, CALIFORNIA, AMENDISC SECTIONS 8.12.020, 8.12.030. 8.12.00.C., 8.12.130 AND ADDING SECTIONS 8.12.200 AND 8.12.210 IO CHmn 8 12 OF IITLE 8 OF THE RANCHO CUCAAMCA MUNICIPAL CODE, RELATING TO FIR1110RES THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DOES MEBY ORDAIN AS FOLLOWS: SZCTIOH It Section 8.12.020 of the Rancho Cucamooga Municipal Cade Is hereby amended to road, in words and figures, as follwst "H.12.926 FiresorlM"'Ifiand. "A. 'Dangerous fireworks' are thnce defined in Section 12.505 of the California Health and Safety Code, as the same presentlY marts or may be aeended from rise to time hereafter, sod said dangerous firs works may not be discharged within the corporate limits of the City of Rancho Cucamonga, California as the same presently mists or as may be modified from time to time hereafter, at any time. "B. 'Safe and $&no Pirworki are those defined in Section 12.504 of the California Health and Safety Code, as the same presantly mists or as may be amended from time to time hereafter. Safe and sane fireworks may be discharged within the corporate li to of the City of Rancho Cucamonga daring the period engiuniug at 12:01 ..m on the tourtb day of July and ending at 12:01 a.m. on the tatib day of July oI the sass calendar year. "C. 'Sparkler' includes any deice containing chemical elements and /or chemical compounds capable of burning independently of the oxygan of the areas pbere and say be comprised of. but not limited to, devices made of the following iegredients and having the follovior caPahilities: "Barium nitrate, aluminum powder (pyrotechnic mixture), irou pwdet or fine grits, resin, potassium pereblorate and adhered to wire or wood sateiial and manufactured to burn at a controlled rate of speed." =TION_2: Section 8.12.030 of the Rancho Cucamonga Municipal Coda is hereby Branded to real, in words and figures, as follows, "11-12,Q10 WC f Fafaaltd Sena Fireworks Per MILW, "A. The sale of safe and sane fireworks shall only be permitted in commercial disrricu of the City and such sale $hall be subject to all applicable state lava and regulations and all unditions specified in this Chapter 8.12. R. no person authorised to sell safe and sane fireworks pursuant tc this rhapter 8.12 shall sell any such fireworks, including safe and sane firewotks, to a minor under the age of 18 years, unless such minor is accompanied by bit or bar parent(s) or guardiar.(s). M ":. The Asia of safe and sane fireworks shall not commence prior to 12:06 m,on of the tbirtieth day of June and shall ters.ioate at 12101 a.&w on the fifth -y of July of the sane calendar year. "D. Notwithstanding any other provision of Saw, it shall be unlawful for any person. fire, partnership or corporation to sell any sparkler, as that tern is d.Kined in this Chapter 8.12, in any location within the corporate boundaries of the City of Rancho Cucamonga." SYCTIOV 3i Sectioa 8.12.010.0 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figares, as fallws: "C. period of coverage shall be 12.01 s m., lane 30, or earlier, to 12101 p.m. July IS, or later, of the Bann calendar year;" SCCY101 A. Section 8.12.190 of the Rancho Cucamonga Municipal Code is hereby amenied to read, to words and figures, is follows: "8,12,190 X,- 1tv for Vialetien of Qayter. "It shall be cnlwful for say person, firi, partnership, or corporation to violate any provision or to fail to comply with any of the tcguirements of this Chapter. A" person, lire, partnership, or corporation violating scy provision of this chapter or failing to comply with any cf its regmiraa =s shall be deemed gull" of a mis domaanor and upon conviction thereof shall be punished by a fine not exceeding Jue Thousand Dollars, or by imprisonment cot exceeding six &oaths, or by both such fine and imprisonment. Sacb such porter, firm, partner ship, or corporation shall be deemed guilty of a separate cffeale for each and every day or any portion thereof during which any violation of any of the provisions of this Cb.ptar is committed, continued or permitted by such person, fir -, pertnership, or corporation, and shall be deemed punishable therefor as provided in this Chapter." SECTION 91 A new Section 8.12.200 is hereby added to Chapter 8.12 of Title 8 of the Rancho Cucamonga Municipal Code to read, in words and figures. as follouar "geed en 8.12.200. Civil 2- medi-a Available. "A violation of any of tha provisions of this Chapter shell constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injune tion, or in any other meaner provided by low for the abatement of such nuisance." SaCTIOO 6: A sou Section 8.12.210 is hereby added to Chapter 8.12 of Title 2 -1 the Rancho Cucamonga Municipal Code to read, in uords sod figures, as fcllovel � a. E •.Styes. 0 12.t_ _ e.,.rr.ft+e.. "S►e.Citr Ctastil berey detlaras that, .bola nor provision, section, paragraph, sentence or word of tblo Chapter be rederd or teclerd invalid by eg final cart attics IN r. evert at ctepatnt jsrlsdistlos, or by reaus of any prosoptivo logislatin, thb reeais lag prodoina, seatissc. paragraphs, ooatesoas, ad words of this Chapter .ball romis in fall forts ad effect." Amrts Zt She C/7 Clark shall certify to the deptioe of this Ordieaeco. 1lTMW d, She Ngor sn111 sign this Otdiaanta ad the City Clerk shall comab the same to bo pa►llsbd witbie fiftses (15) daps attar its passage at least once is 2A_2dkv jatist, a newspaper of general ciravlatin pebliskN is the Clty of Ontario, Callfseaia, ad elrcntocd to the City of Rancho Cotamage, Calilania. pASSM, AMMED, aaa ANYTO &.0 a ag Of •, lY. AM 00181 MaVszt May: boverly A. Astkoltt, City Clerk Jdfrg titg. Naar 4 F CITY OF RANCHO CUCAMONGA STAFF REPORT Dates April 2, 1986 2 U > lei c'tv Council and City Meaner 1777 Vr Park Development Commission By, Bill BoUey, Director, Continuity 8erwiees Depertaeat Enbjectr An Ordinance ssendlto the Baacho C*eammn Ja Nut SCipal Code pertaining to credit for private open a.,,m agasmt the public part dedication provisions. (City Council Agenda Iess S-B, April 2, 1986) P=GIOU➢D. The proposed tamendsent to the Mmielpal Code provisions on park dodicatim zeoeirn+sts deal; with credit for private open space. The esnrnou of the wrtast provisions, paraphrased, arv; 1 o welope moy be reliev%d of 50% of his public park obligation by inc11.9irg within his project private recreation iscilitlas which suet a cer'iin r_-- iterie, which. again paraphrased, are. 1. That the proposed private recreational open space unit be a minimum of three acres to be mmidcred for credit; and 2. Provides at least loci, of the followltult (a.) Childrea'o play apparatus (b.) Family barbecue picnic area (c.) Game Court area (d.) Swim pool with adjucent deck and secilliary facilities (e.) Recreation buildings There is also stsmUrd languages in the privates open apace provisions which describes exclusions, malutenance pr, '*ions, guarantees of use into I+erPattdty. etc. Controversy surrounded the adoption of these provlWOm in 1981 because of the 'sinimus three acre recaireuent' as a prerequisite to credit consideration. 17M ISBPft The Perk Development Commission has reviewed extensively the 'credit for private optic space issue' and recommends for Council consider_tlon two changes to Municipal Code eec'_ion 16.32.030 which partalm to Credit for Private O;Ym space. 23 / ordinance 1nS -n April 2, 1906 Pace 2 The first change occurs in Subsection (6) of Section 1 through the 'deletion' of the three acre minimum requiteu as a prerequisite to consideration. Presently... (6) That the minimum oxn space for which credit will Da rnnsidered is three acres and provides a minimum of four or the elements listed below, or a combls,ation of such, and other recreational improvements that will Met the specific recreation park needs of thi future residents of the area... Amended to... (6) That a minimum of four of the elements listed balm be provided, or a combination of such, and other recreational improvements be provided that will seat the epeciflc recreation perk needs of the future residents of the area... The second chacge also occurs 11 Subseetion (6) by way of an 'addition'. This is designed to net clear standards for credited improvement@ which were previously not present. The underlined portion represents the additional language. ... 2. Submit detailed plans and specifications for areas and improvements within such proposed private open space. Proposed improvements The Commission dis:usned at some length the issue of flexibility, specifically, did U1.4. 'egt.el in quality and design' requirement eliminate the latitude of design imagination from a potential project? Did it hamper creativity? The ccnsensus we 'no', It did not. What the change did was to establish a 'minimum starting point' that we equal to our own standards against which credit was being requested. Section (6) proridas in its bag? -ning sentence an open door for imagination and creativity... (6) Thet a minim= of .wr of the elements listed below, be provided ?D that will meet the spe residents of the areas ... a3a Ordinance 105 -D April 2, 1986 Pace 3 with that key 'DR' in place, the Commissior wan satisfied that imagination and creativity needs not be stifled. The Commission also discussed the issues of 'may be' versus 'shall be' granted credit, and, the credit ceiling of up to 50a' versus 033%6 or 025%1, etc. It was the consensus of the Ccrosiesion that the Code should remain in place as in relative to 'may be' and 'up to So%,. The attached ordinance reflects that direction of thought. CCC'1g'NT, 'What could be the potential fiscal impact of this ordinance on the Park Development Fund? •,s the question which Council asked last December. An exact answer is not possible of course, but... If this ordinance had been in place in 1985, and — if every likely multi- family project bad availed itself of credit opportunity, and... If fall credit had be granted to each orolect which had applied... The net revenue loss to the Yark Development Fund in 1985 would have been 11700000 plus or aloes. This would represent roughly 15% of the annual revenue to the Park Development Fund at the current level of building activity in car City. R'IADnMPKDATIDN: It is the recommendation of the Perk Development Commission that the attached Ordinance, 1n S-D, relating to credit for private open apace, be given first reading at the regular City Council meeting of April 2, 1986. If I can provide further information please advise. cc, park Oeval +pment Coorlesion D X a ORDINANCE NO. 105 -0 AN ORDINANCE OF THE CITY COUNCIL, OF TNP CITY OF RANCHO CUCAMONCA, CALIFORNIA. AMENDING SUB - SECTION E OF SECTION 1b.a2.030, OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO PARE AND RECREATIONAL LAN) DEDICATION REQUIREMENTS. The City Council of the City of Rancho Cucaionga, California, does ordain as follows, Section is Sub - section E of Section 16.32.030 of the Rancho Cucamonqa Municipal Code is hereby amended as follow, 'Credit for Private Open Space'. Where private open apace for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, such areas say hi credited against not more than fifty percent (50%) of the requirement of dedication and development for park and recreation purposes, as set forth in this article, or the payment of fees in lieu thereof, as set forth herean, provided the Plannlnq Commission finds it is in the public interest to do so, and that the following standards are met, (1) That yards, ecurt areas, setbacks and other open areas required to be maintained by the toning and building provisions of this Code shall not he included in the computation of such private open space, and (2) That the private owm,ship and maintenance of the open apace is adecuately provided for by written agreement( and (3) That the use of the private open apace in restricted for park and recreational purposes by recorded covenants which s with the land in favor of the existinq and future owners of property within the subdivision and which cannot be defeated or eliminated without the conger, of the Council, and (a) That the proposed private open space is rea.onably adaptable for use for park and recreational purposes, takirg into consideration such factors as sire, shape, topography, geology, access and location of the private open space land, and (5) That facilities proposed fcr the op,r apace are in substantial accordance with the provisions of the recreation and parks element of the general plan for the �Ity and are approved by the Planning Commission, and (6) That a minimum of fear of the elements listed 'below, be provided or a combinatton of such and other recreational improvements be provided that will meet the specific recreation park needo of the future residents of the area, �3 y Critnria List 1. Children's plav a, paretusl 2. Family barbeque picnic area; 3. Game court area, 4. Sv)m pool with adjacent deck and mcilliary facilitiep 5. Recreation building. The subdivider requesting consideration for private open space credit shall, as part of the submittal filing, includet (1) written request for sue, consideration by the Planning Commission; and (2' Submit detailed plans and specifications for areas and improvements within such proposed private open space. Pressed Improvements shall be equal in quality and dosign to public park improvement ataidards where applicable, S,e., children's play apparatus, picnic and barbecue equipment, and game crn;rt lesign and construction. Th, Planning COLAtsaiOD shall, as an element of tha review for private one space credit, eolielt comments and recommendations free the Park Development Commission on all .0 h applications. Section 2. A1. other portions of Ordinance 105 shall remain in full force and effect. Section 32 The Mayor shell sign this Ordinancs and the City Clerk shall cause the mass to be published within fifteen (15) days after its passag- at least once In The Daily Report, a newspaper of general circulation pubiie..d in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROM, and ADOPTED this of , 198 . AYES NOES. ABSENT, RTTEZTt Beverly A. Authelet, City Clerk Jeffrey Xing, Mayor 03's- f1T 1, T, A L,l.V^ LTV. A 1V1VCA STAFF REPORT T114 c DATE: April 2, 1986 TO: City Council and City Manager FROM. Lloyd B. Hubbs, City Engineer SUBJECT: REQUEST FOR FORMATION OF ASSESSMENT DISTRICT 86 -1 Staff is In receipt of a request from numerous developers to form a drainage assessment district in the area east of Haven Avenue north of the Southern Pacific Railroad extending to Banyan Avenue south of Chaffey College. The district would construct Master Plan Storm Drains 4N and 4p. Included in the request are petitions from over 60% of the owners. Dwight French, the district Assessment Engineer, Indicatet that the maximum protest should not exceed 7%. Nearly all of theland incorporated in the proposed district is experiencing active development which will be stopped if the cooperative Installation of drainage cannot be accomplished. The area landowners have attempted for several years to accomplish this effort on their own but have concluded that an assessment district will best sclve their problem. If Council wishes to proceed with the District, it would be appropriate to adopt several resolutions initiating the process. Yey action includes: 1. Selection of and agreements with the following consultant team: Assessment Engineer: Dwight F. French, Inc. Bond Counsel: Nazarek, Harper, Hopkins & McFarlin Bond Underwriters: Stone 6 Youngberg Each consultant contract is contingent on successful formation of the district. if the district is not formed, there will be no costs to the City. 2. Resolution adopting the proposed boundaries 3. Resolution accepting petitions and waiving the preparation of a Debt Report 4. Resolution ordering preparation of the Engineer's Report 2.3(. CITY councrL STAFF REPokr Requett fnr Formation of As ^ossment District 86 -1 April 2, 1965 Page 2 RECDRAMTIDN Staff has reviewed all of the proposed actions and would reconnaeno proceeding with the district. Should Council concur, it would be appropriate to adopt the attached resolutions and approve tie consultant contracts with Dwight F. French, Inc., Nazarek, Harper, HOWL% and HcFarlln and Stone & Youngberg. rw Res subm tted, IN4 Ltfil.j Attachments X32 DATE: TO: FROM: SUBJECT: - -- CITY OF RANCHO CUCAMONGA A STAFF REPORT � C � o April 2, 1986 1977 City Council and City Manager Lloyd Hubbs, City Engineer REOUCST FOR FORMA--IOH 0 ASSESSMENT DISTRICT 86 -1 - 3UPFCERERTTLTFFOIrORIDA- CDORCiC 1 S'- bsequent to preparation of the Council agenda, staff has been in receipt of the Bond Underwriter's Agreement, aid additional property owrars' petition and the project boundary map. This inforoation is supplemental to your previous Council packet. The Stone and Youngberg agreement follows previous agreements on other Districts done in the City. Staff recommends approval of the agreement. LH /jr Attachments STONE & YOUNGBERG vEmara3 ,donc sm ac"Ngt March 6, 1986 City Council C.Ity of Rancho Cucamonga City Hall 9320 Base Line Road P.O. Box 807 Rancho Cucamonga, CA 91730 Res City of Rancho Cucamonga Improvement Bonds Storm Drain Assessment District Dear Members of the CiLy Councils This letter will serve as an agreement between the City of Underwriter mtog n the City until ythe 9parties enter into aan9actual Purchase Contract egurding the negotiated sale of the City's Improvement Bonds to be issued by the City pursuant to the Improvement Act of 1919 (the 'Bonds*) and the Procedural Act of 1913. You have informed us that the City intends to issue the Bonds to this funds finance hispurposerequiresthe services public ofa Man e agingUnderwriter to structure the financing and to enter into a Purchase Contract that Is agreeable to both parties. As Managing Underwriter, we will use our utmost efforts to raise funds at the most reasonable rates attainable in the market under then existing conditions. In amplification of the understanding between the City and the Managing Underwriter, Stone t Youngberg agrees to undertake the below - listed services and functions. A. S r1 lrino th Pinae ins 1. Stone 6 Youngbero will work with your staff in developing the scope of the financial feasibility and assessing the marketability of the project. 2. Stone 6 Yolingborg will work with the City's bond counsel recommending specific terms and conditions affecting the basic security of the Bonds. 4105 rA� SM E%VA SWM 2U • Na NeLLYNWa 4ALWOR M 91W2 • MQ 9"21 City Council City Rancho Cucamonga March 6, 1986 Page -2- 3. Stone & Youngberg will prepare the text of an offering memorandum for sale of the securities. Said memorandum will include a description of the bonds and their security, and pertinent financial and economic cata. In preparation of such prospectus, we will exercise due diligence in the ancertainment of all material facts and circumstances regarding the project and their disclosure in the prospectus. 4. Stone b Youngberg will be present at any necessary information meeting or meetings. 5. If the City so requests, we will ausist in arranging the selection of a paying agent. 73 1 ,' F;M_ TIM = ...I�i 1. The Managing Underwriter will use its beet efforts to accomplish the formal marketing at the earliest date possible consistent with sound investment banking and underwriting principles. It is intended that, once purchased by Stone & Youngberg, the bonds will be re- offered to tha public on the basic of an immediate •bona fide public offering." Stone & Youngberg may form a group of investment banking firms for the purpose of underwriting and selling the bonds. 2. Stone & Youngberg will submit an offer to the City to purchase the bonds at least three working days prior to the final confirmation of the assessments, subject to pertinent reoolutiona, the Offering Memorandum, and all other necessary documen proceedings governing ruch by bond counsel, the City, Underwriter satisfactory in purposes. If, after negoti Youngberg in good faith, th Youngberg fail to agree on the City may terminate this bonds for sale to others. determined all ranpects for financing tions with Stone & City and Stone & arms of sale of the bonds, agreement, then offer the 1. The City agrees to cooperate •ith Stone & Youngberg to make available copies of economic and financial City Council City Rancho Cucamonga March 6, 1966 Pago -3- reports, agreements, contracts, resolutions, and other relevant documents pertaining to the project, the rity or the bonds an reasonably may be required from time to time for prompt and efficient performance by Stone i loungberg of their obligations hereunder. 2. Stone i Youngberg shall pay its own out -of- pockst and other expenses, the cost of the preparation of the Offering Memorandum, Underwriter's Counsel, Blue Sky and Investment Memoranda used by the Underwriters and all advertising expenses in connection with the public offering of the bonds. 3. The City shall pay from the proceeds of the bonds or other funds of the City all costa and expenueb icludl printingithe paid onds, and otherndocamentthetcost of and experues of its legal counsel, bond counsel, consultants, accountants, and of any other experts retained by the City in connection with the financing. 4. It is expressly understood and agreed and the City hereby recognizes that in porforming its activities pursuant to a negotiated sale that Stone a Youngberg Is acting solely on its own behalf as the prospective manager of an underwriting group which plans to submit to the City a proposal to purchase the bends for resale. Nothing herein shall be construed to make the Managing Underwriter an employee or financial, fiscal, advisor e city fiduciary relationshipbetwe r between the City band hthe Managing Underwriter. S. This agreement shall extend to the date of sale of the bonds as contemplated herein, when the formal bond Purchase Contract is entered into by the parties. 6. The City may terminate this agreement if, after negotiations in good faith, the City and Stone a Youngberg fail to agree on mutually acceptable terms of Bale of the bonds. Upon termination of this agreement, the City shall be under no further obligation to the Managing Underwriter hereunder, except that t ?.e City is obligated to pay to the Managing Underwriter any cpensea incurred on behalf of the City puraaant to - i City Council City of Rancho Cucamonga !larch 6, 1986 Page -4- Paragraph C(2) of thin agreement should the City not cell the bonds to the Managing Underwriter on behalf of the Underwriters pursuant to section U of this agreement. Upon your acceptance set forth below, this letter will constitute an agreement between the City and the Undernigned. Accepted this day of , 1985 Sity of RanchQ_(,'UCamenea BY: —___ CERTIFICATE RE ADEQUACY OP PETITION If. ax.v vt I, DWIGHT P. FRENCH, hereby certify as follows: 1. That I an the duly anpointed and acting Engineer of Work for ASSESSMENT DISTRICT NO. a6 -1 of the City of nancbc Cucamonga (the "Assessment District "). 2. That I beve received and reviewed s Petition for the construction of improvements and waiver of requirements of Division 4 of the Streets and Highways Code signed by owners of property within the Assessment District. 1. That the Petition has boon signed by the owners of more than 60} in area of the property subject to the assessment for the proposed improvements within the Assessment District. 4. That the "owners of land" are those persons who, at tho tint the Petition was filed with the City Clerk, appear to be such owners upon the County Assessor's Roll, or, in the case of transfers of land, appear to be such owners on the records in the County Assessor's Office. I declare under penalty of perjury that the above is true and correct. .at[ Executed this � day of Aa-le,-Z , 1986, at ,L California. DWIGHT P. FRENCH, INC. By: i G Dwight P. French Engineer of Work f� U i Ct! :a ^C= =r ^) AND C7 07 C7 2 - LYC =.C" bei =; cr..e_s al t!:c a---- as ahcm or tto pLat a"T ^'•ed t= and =de s I 4: i'-s., as r7 h.,~Jit ^.l", v44t8 Aga_rt� v lL be sMJ;e= to =Y� £c` ; t_`'e L�tcvicea`s herai:a!ta= dea=f =ed, hs_aby =ac_^_e tfns `C_'? tnta p:•Ccaeditgs tMT'A t=e ^,n--!Ci7.t l� —=7=9— 3C ct .91] ", being Divisiaa 12 Cr-- `=a St =ee.:s a--Mt Bigbmzys C a, t= cans- �C_ ca_- `..ats pc5lic vo=.@c are f_,�..cc a a' =5^r •• :,..._,0 it nacassa_=y, generally des=L*ad as aLLaas: cans--rac`i= and i =sta Tw+r• Of =ants tcgathe: vit!l apy=ta .Cal' a=d ,a T�e••�.• -- vor., acquisition, if necassy, and 'Fs d .• l ererses >a CS^xc- -i= the_--evit: (.ha •L- p= ov=en`s ^). that, i= the opiato= Of the City, = r be =ecas= -'Z to P=3�-7 e!_e__ =te,..A L,zeve =en`s. == D`•ID"<!G:Fi f.� ream = eCi.last that the '-7 =Zkc ttw desigst_cns scecilied as .:oLTcJS: 1. ^..e e= gi-ee =(si deei.,^ -3tae. = as —e t!:w =ate sibilitiea a:C. ye::cr= t_e d=4— a_ _ i=.g• ^ee= .'o= =a d.^•sess =e=`_ Dis =t= stxS Ize CWM= P. =C=, LIu (the ^.Uads. =e=t �.;'_=er r s�jeCt a r, Qf an ai_ee rent fcr _ ^g3earitg Sa. -hers. ' 2. =a underwriter deri; --ated to purchase bCnda -em resp=tl ^q unpaid assessments is the assossr:ant D15triC_ stall be S:C.S_ & YOMGS?.RG (`he "Lic=.rritar "), subject 'to apprcval a! a Purchase Agree=rcrt. ]. The att.- -ey(s) desig -%ted as Send Ccti::.sal fcr the asseswiant procacdingm shall be 1LLZ,'1R'3, hs'1.lrm, HOp =s & HCS:.RI.1V (the -11cnd Counsel "), subject to approval of an Agree meat • r Bond Counsel Services. ME ITMERSIGRT.D furt�her request that all efforts and a--eats be made so that assessment proceedings can be initiated a:1 the 3esol=:ion of Intention can be adopted at the earliest ti3o. 1.°'- MIDs"'{sSi0TZD further agree that tao City will incur no sb "5atvan for the payment of any censultL -q se_.riees unless ;tra is S successful eoaf! raticn of assessment end sale of bo:.ds. T. VNL `s =G= ex ressly waive the p -_caedi.-gs cud all 1-1tation5 under the "Special ;ssessmant Lzvesti;ation, T'- 'tat'_om and Lajority ?rotest act of 1931 ", b•aL -q Divisicn a of the Streets and His!r4ays Cade. T=S ?1".'^a':C:7 X'VL HE SIC;= I:! C=.rZ_°3.1RT i.`,hD C- ONST^.'O :ES :,:ID A.1_^r'1, AND lay ZZ CMISCLLD,A:_D HIll S: :L;. i P�C S AND WXT17MAS tCR .S1.a:AR L`D?ROVi.'."_!r:S H =REL`i Y�:IT.IOIlED. M; 1. Ir Rosalie E. Boraio Aka Roralie E Johnson p AP No. 201-271-75,26, ]. ReV156D CoNsatcr Diem CITY OF RANCHO CUQUIONGA STAFF REPORT DATE: April 2, 1986 Lvn T0: City Council and City Manager fRaM: Lloyd B. Hobbs, City Engineer BY: Dave Blevins, Maintenance Superintendent SUBJECT: Approval of acceptance of Alta Loma Stone Drain (AD 84-2) as complete and authorize the filing of a Notice of Completion for the work The Alta Las& Storm Drain (AD 84-2) Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release performance surety ($1,928,190.00) and retention ($98,002.11) RECON E WATION It is recommended that Council accept as complete the Alta Loma Store Drain (AD 84-2) Project and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release the faithful performance bond and retention (35 days after filing Notice of Completion) and authorize final payment. Respectfully subm tted, L& as Attachment EVOLUTION No. 4 G - 10 RESOLUTION OF TEE CITY COVECIL OF THE CITY OF RUCRO CUCAMONGA, CALIFORNIA, MAKING DYS:CHATIOES AND APPOINTMI -13 TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS (ASSESSXERS AWILCi ■0. tK -1) WREREAS, the City Council of the City of Rancho Cucamonga (the "City ") is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913•, being Division 12 of the Streets and Higbrays Code, for certain public works and improvements sad acquisitions, if necessary, generally described as follwu The construction and installation of drainage ieq,rovemats Including appurtenances and appurtenant work, acquisition, If necessary, and incidental expenses in connection therewith (the "roveants "); WRE.TEAS, the lands to be specially assessed for the Improvements shall be included within an asesse,eot district designated as ASSESSMENT DISTRICT NO. 86 -1 (the "Assessment District "); WHEREAS, the City desire@ to make designations and appointments to fulfill responsibilities and perform duties incident to the assessment Proceedings. in the time, form and mosses required by last NOM. THERYlOE, the City Council of the City of Reecho Cucamonga does does hereby RESOLVE, DETERMINE ASO ORDER an follwat SECTION It The above recitals are all true and correct. HECTIDM 2t The parson appointed to assume the responsibilities and perform the duties of Superintendent of Streets for the Assessment District shall be LLOYD SUSBS (the "Superintendent of Streets "). SECTION 3: The Office of the Superiatetdent of Streets is hereby designates as the place for recordation of the assessment roll and diagtaa which shall be kept as a permanent record of the Assessment District. a3 s SECTION 4t The newspaper designated for all publications for the Acaeueenr District aball be THE DAILY REPORT SECTION St The aagtuaar(s, designated to assume the responsibilities and perf ova the duties of Engineer of Work for the Assessment Di, triet @hall be DW.'BY F. FI EUCH. Inc. (the "Engineer of Wort") and the Engineer of Work shall assure the responsibilities and perform the duties speeified in the Agr mmaut fo: Engineering Services on file with the City Clerk vbieb is hereby authorised and approved. SECTION 6 t The und.ariter designated to purchase bonds representing unpaid assessments in the Assessment District shall be STGNE 6 YODRCDERG (the "Oadervriter ") and the Cadarwriter tbal; parehaaa such bonds as speei ^ied In the Purchase Agreement on file vith the City Clerk vbiah is hereby authorised and approved. SECTION ?t The attorusy(s) appointed a% Hand Counsel aball be NAZAREE, HARPER, HOPKINS 6 NCFARLIB (tLe "Bond Counsel ") and Bond Counsel shall assume the resporelbilities 3 perform the dur'es specified in the Agreement for Bond Counsel so" leap oe t .a with the City Clerk which Is hereby authorised and approved. SIOUSI Et A Sp"Ial Tond designated by the cam and comber of the Asaessamt District is bony , •tabliabed and all proceeds from the sale of bonds asi comb collection, cbs' be depesited into this Fund. In order to expedite these procoodiup " as from any nailabla source aq be transferred to this loud. Any wait@ transferred shall be a Iota to this Fund and oball be repaid fro„ proceeds from the sale of bonds and cash collections, pursuant to Section 10210 of the Streets and Cigbvps Code. PASSED, APPROFED, and ADOPTED this * day of *, 18*. Q3 7 RESOLUTION 90. lb- 9' RESOLUTION OF TEE CITt COUNCIL OF THE CITT Dr RANCHO CUCAMOACA, CALIFORNIA, SEXING THE CDREPAL DATURE, LOCATION AMD EETSIT OF CERTAIN PUBLIC VOWS AND IMPROVEMENTS AND SHOWING THE PRCPOSTD BOUNDARIES OF ThE AREA IO BE ASSESSED THEREFOR (AaaEaaM!$T DIa r� RO. H6 =11 VVSFAS, the City Ceaneil of the City of Rancho Ccaaaoaga (the "City ") is considering the forattion of an assessment district, pursuant to the "Municipal Improvement Act of 19130, being Division 12 (eoaaeucing with Section 10000) of the California Streets and Highways Code, for construction of certain public works and improvemente and acquisitions, if necassery, genszolly described as foliwst The construction and installation of drainage improvecats including apporta -aces and appurtenant work, acquisition, if nocessary, and incidental expenses in ceaneetion tbarewitb (the °Iaprovenant@ "); WHEREAS, the lands to be specially assessed for the Improvements @bell be included within at assessment district designated as ASSEg3MENT DISTRICT 50. 06 -1 (the "Arsessment District "); WHEREAS, the City Council has received and reviewed a map showing the general nature, location and =tent of the Imprweme..ts and showing the boundaries of the area proposed to be assessed therefor. NOW, THEREFORE, the City Council of the City of leach* Cucamonga does hereby RESOLVE, DETERMINE ADD ORDER as follw]t SE,tna L1t The above recitals are all true and correct. SECTION 2t The map of tha Assessment District showing the general aature, location and extent of the proposed public works of inprovesent and acquisitions, if necessary, and shoving the boundaries of the territory containing the lands proposed to be specially assessed to pay the costs and erpeases of the proposed Improvements entitled: PROPOSED BOUNDARIES OF ASSESSNLIIT DISTRICT 60. 86 -1 (the "Map of the Assessment District") is hereby approved and adopted. s1 io SECTION 3: She original Map of the Assessmeat District and one copy thereof aboll be filed in the Office of the City Cleck. S=TCH .tt She Mar of the Ataeosaert District shall Sworn for all details an to the "tact of the Assessment District. HEITIOW St A certificate avideae,ag tba data and adoption of this resolution sball br endorsed on the origins. Map of :be Assessment District sad on at least one copy thereof. SECrICR et Within fifteen (15) days after adoptina of the resolution fixiug the time and place of bearia, on the formation or extent of the Assessment District, a copy of the Mat of tho Assessment District shell be filed vitb cotrect and proper andorcamen a thereon in the Office of the County Recorder, pursuant to Section 3111 of the Streets and Higbvays Code. PISSED, APPROVED, and ADOPTED this • day of •, 19s. ATESt HOES: ASSEEtt Jeffrey sing, Mayor ATTESSTt Sevurly A. Autbelet, City Clark I, SURELY A. ADSREIRT. CIST C' ERE of the City of Rancho Cucacaga, California, do hereby certify that the foregoing Resolution vu duly passed, apprised, and adopted by the City Cocacil of the City of Raacbo Cucamnga, California, at a regular (special, adj :urnad) meeting of said City Council held on the • day of •, 19s+. Executed this a day of e, 19es at Rancho Cucamonga, California. ti 4 l gnarly A. Autbelet. City Clark i� ippaa F1i j RESOLUTION 270. _0k to RESOLUTION Or THE CITY COUNCIL Or THE CITY OF RANCHO CUCAMONGA, BAN HERNAROINO COUNTY, CALIFORNIA, MAKING PINDINGO ?ND DETERMINATIONS UNDER SEC=ON 2804 OF THE STREETS AND HIGH11AYS CODE (ASSESSMEN'Z DISTRICT NO. e6 -1) WHEREAS, the City council of the City of Rancho Cucamonga (the "City ") is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Cade, for crrtain public works and improvement= and acquisitions, if necessary, generally described as follows: The construction rn-A installation of drainage improvements including appurtenances and appur tenant work, acquisition, if necessary, and incidental oxpenoes in connection therewith (the "Improvements ")7 and ir1(E:t1AS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 86 -1 (the "Assessment District"); and WHEREAS, the City council has rocived a Petition signed by owners of assessable property within the Assessment Distric• requesting construction of the Improvements and waiving proceed- ings and limitations under Division 4 of the Streets and Highways code: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby RESOLVE, DETERMINE AND ORDER as follows: y Section 1. The above recitals are 311 Vrue and correct. Section 2. ''the City Council hcroby finds and determines: (a) That the Petition meets the requirements of Section 2804(3) of the Streets and Highways Coda, in that, the Petition is signed by the rnmere of land constituting more than 60% of all assessable land within the Assessaent District; and (b) That the proceedings and linitations under Division 4 of the Street.6 and P.ighways Coda shall not be applicable to these proceedings. Sectior 3. The Petition shall be filed with the transcript of these proceedings and shall be open to public inspection. APPROVED AND ADOPTED this _ day of , 1986. ATTEST: City Clark (SEAL) / 2/ yJ mayor b Lamunom H0. 9G—O)-3 RESOLUTICS OF TES CITT COUNCIL OP TEE CITY of OASCRO CDCA110NCA, CALIFORXIA, DECLARING INTENTION TO ORD)CN TEE CONSTRUCTION Of CERTAEN IMPg0EE1ID"iS TaCETEEE WITH APPURTENANCES IN A PROPOSED ASSIVEOUr DISTRICT PORSI/NT To TEE PROVISIONS QT TO •MUNICIPAL INYMEHENT AC? OT 1913•; DECLAIM TO 903E TO HE 07 NOSE THAN LOCAL OR CUDISAIT BENEFIT; DESCRIBING TED DISTRII ^, TO BE ASSESSED To PAT TAN COSTS AND WiRSES TETlEOF; AND PR07IDINC PON TIE ISSUANCE OF BONDS (ASS-C ,=T afinrCT N0. M._3) WOREAN, the City Council of the City of Rancho Cucamonga (the .City") is considering the fermatiC0 of as essessmeat district, pursaaut to the *Municipal Improvement Act of 19130, being Division 12 (Coeamciag with Section 10000) of the California Streets and E(Sbusys Code, fcm certain public works and ioproeenents and acquisitions (the •Isprovemenu•); and WHEREAS, the City desire, to declare its intention to order tL•o construction of the Ieprovements, declaring the work to .r of acre than local or ordinary benefit. descr /sing tae leads to be *amassed to Pay the Coats and e:Pensts of the Improvmants, providing for the issuance of bonds and making other datermiaations, NOW. T'HMEEORE. the City Council Of the City of Reach* Cocamonda does hereby RESOLVE, DECLARE AND ORDER an follows: 41 140&. 1. 1• e SEMIJUS Tho public Internet and Convenience require, and it is the iotention of the City, pursuant to the provllious of the •Municipal Improvement Act of 19130 to order construction of the Impro aneots in a special asseamment district known and designated as ANSESSMNS DISTRICT 90. 06 -I (the "Aseesse,ut District *). (a) The Construction of the I14movements, together vi th aPPurtenaeces and apportemmar work cad acquisition, if necessary, to certdn Public $treats and rigbts -of-way in the Assessment District, is Semscaliy described as follwss She coca tion end installation of drainage improvements together with appurtenances and appertemant work, acquisition, if necessary. and ictideatal expanses In czn tian therewith pot iortber partiwlars, reference is hereby ends ten a Nap of the dssestaeat District previously adopted. (b) The streets, rights -of -wry and essememse shall be shoes apow the, plans herein referred to and to be filed with these proceedings— (c) All of the Iaprwements are to be coastsncted at the plates. awd. Lo rho particular locations, of the forms, sizes, dLawasLose'and- uaterials, and at the lines, grades and elevations as sbomu and - delineated mnoa the plans, pr6filas and specifications to be- made therefor. as bereinafter provided. (d) The description of tha Improvements and the termini of the wort- contained In this Casolution are general In "tare. All items of mark do not aetessaily attend for the fall length of the, description thereof. The Plans and profiles of thrwotk aa. contained in be rr Ausat. Seport shall be controlling as to the, correct am: detaLIW descri —tan tbereof. (e) Vbeaever any pablte way is herein referred to as ranaing-between- bio public ways, ar from or to any public way, the iutersrctisog; Of the public vays referred to are included to the arreut that wort shall be abown on the pleas to be done tbsreia. (f) Notice is hereby given of the four that in many cases the Improsememts will bring the finished wort to a grade different- free that ferenrly existing, and t� Z' nxteut, the grades are hereby changed and the wank will be dome to cat changed grades. pq Y 44 AFXfA end• .)• ti SOUS The laprovemests are of direct oesafit to the properties- and laud within the Assessment District, and the City bsrfy wzkas the erpmaas: of the Improvements chargeable upon the Assessment District, which Asseasenst- District to bereby declared to be the Assessrmt District besafited by the - Improvemente and to be assessed to pay the costs and expenses of the- Improvements, including incidential costs and espsasss. The Assessment District Is described as follo:•s, All that territory is the Assessment District included within the exterior boundary lines skown on the Nap exbibitiog the property affected or bassfited by or to be assessed to pay the costs cad erpsesse of the Iayrovemente in the Iassesment District, said- map titled ad identified as X95 "PROPOSED BOUNDARIES OF ASSESBNESS DISITIC2 :10. B6 -1" and which map was heretofore approved and is on file with the transcript of these proceedio68, EICEPSIEO from the area sbwn within and deliteated upon the map, the area of all public streets, Public avenues, public lanes, public roads, public drives. public courts, public allays, and all *imamate and rights- cf-way therein contained belonging to the public. Poc all particeLrs ac to the boundariae of the Assessmeot District, relecenca in be_eby mde to the map and for a coa416ta description of the Aasassmat District, the beundasy mp ea file shall Severn. ggrnw y,i the proposed laprwemats are bereby % derred to the Engineer of Vork who is directed to prepare ace file a wrictea report (the "Report") wbicb @hall contains (a) Plans and specificotious of the Improwemuta; (b) An estimate of the cost of the Imprevamnte, including the incidental apauses in connection therewith; (c) A diagram showing the Assessment District and the boundaries and dimusions of the respective subdivisions of land within the Assessm at District, as the sale existed at the time of the passage of the Reeolutico of Intention (the "Diagrae). Bach subdivision #ball to Swan a separate Dunbar upon the Diagram; (d) An assessment of the total count of the asseeaabl• several subdivisions of land in proportion to the eatimted benefits to be received by such subdivisions, respectively, from Lbe Isprowements (the "Assessment"). The Assessment ebsil refer to the subdivisions upon the Dlngrm by the respective numbers thereof; and (e) A description of the Improvements and acquisition, where necessary. Vher any portion or percentage of the cost and expen@ss of the Impzovemate is to be paid from source@ other tbau assessments, the amount of each portion or percentage #ball first be deduet�A frog tht total estimated costs mad "ponies of the Iepravamute R.d tha A#aassmat absil include only the remainder of the estimated costa ar3 expences. I MI'l C;) y11 SNCYICN 5; Notice is hereby given that serial bonds (the "Bonds*) to represent unpaid moseasmentes end hearing interest at the rats of not to excacd the current legal naxiaus rate of 122 par occur, will be issued in the manor provided in the "Improvement Bond Act of 1915 ", bring Division 10 (commuting with Section 8500) of the Streets and gigbvsys Codes the last installment of which Bonds aball mature a mzimus of and not to eased nineteen (19) years Iron the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Struts and Highways Codas providing an alternative procedure for the advance payment of assas@mnts and the calling the Bonds shall apply. The principal amount of the Bonds maturing each year shall be other than an amomst equal to an even annual proportion of the aggregate principal of the Bonds, and the amount of principal maturing in racb year, plus the amount of interest payable in that year, will be as amount that is approzimtely, equal each year. accept 1" an adjcstacat in the !trot years assessment. BOND 2EDENPTItM SECTION 6.r 'be IagislatiTe Body elects cc provide that the Bonds, upon redeaption prior to maturi7s abet: provide a preni.m of five percent (51) or the unmtured principal, and that 1 *uguoge shall be added to the redemption clause in the bond form to require the property must to pay the premium in order to discharge the obligation of the lien prior to maturity. UXUALZIM SECTION Tt The Lrinlative Body establishes a special fund designated IMPBOpENBBT FUND TOE ASSESSMENT DISTRICT NO. 86 -1 into which monies may be transferred at may time to expedite the raking of the Improvements hereto authorized, and said monies are a loan mod @ball be repaid cut of the proceeds of the sale of the Bonds as authorized by law. SDR_m -0p FUNDS 501141LAt If any =cars @ball be realized from the Aaassement, it ohall be used, in such amounts as the Legislative Dod my determine, in accordance with the provisions of lac for one or amore of the following purposess (a) IYansfer to the general fund, provided that the sweet of any such transfer *hall not "Coed the Isomer of One Thousand Dollars (01,000.00) or five percent (51) of the total sawmt expeuded from the Improvement Fund= (b) As a credit wpve the assessment and may swpplemental sagasammc as provided in Need" 10427.1; or (c) For the meiateaamce of the 7sprovemests. HIfGZir3L£r Ctcept as herein otbesvise provided for the isaaaane of the booda, all of the Improvements shall be sale and ecI ad parsamt to the provisions of the vganicipel Improvement Act of 191 10, BZMQK M: All poSlic props ty in the ese and pertormsma of a public function shall be omitted from aaaasa t is these proceedings oleo expressly provided cad listed beroin. Az2n2L Ut The public interest, caovesivmce sad necessity may require that certain lard, rights-of-way or easements be obtained in order to allow the Improvements for this Assessaeat District to be occoaplish d. Fox a general description of the location and extent rd` the eas:aemts or land 0ecemsary to be acquired, if. may, referesce is hereby ..de to cps om file with the transcript of these proceedings. GUM 5 01d 12t Notice is hereby given that the grade to vbicb the Weak shall be dame is to be shown an the plans and profiles therefor, which grade may very from the existing grade&. The work herein comtesplated shall be dame to the grades as indicated on the plasm and specif ieatiams, to whit.% reference is sea for a descriptive of the grade at which the work is to be dome. Amp objectiore or protests to the proposed grade shall be made at tic pablic bearing to be coodacted wader these proceedirgs. CNADN AAJOSMMT gNCnd fan The Legislative Body determines that it is In tke pabiic Interest aed more scomomical to do certsim Work as private pcapezty to eliminate a0 disparity iu level or size betwevu eSv Itgcwaesats amd private property and to add the actual cost of sack Work ;o the Ass,ows.ezt of tke property to which scab work aen dome; provided t,Lt so -0 of this measure shall be performed until aed unless the writtam temsamt al tke weer df property is first obtained. Dqg SECIlOR ld: Notice is hereby given that the public interest rill not be served by allcs.iug the property peters to take the contract for the coaefrs-tiaa of the 7aWrprenmL, asd that, as authorized by ln, no notice of and of ccetract shall be pabliabed. SECy7O• 15: All inquiries for any and all information relating to Cleat proceediagas including infonrtion relating to protest procedures, should be directed tn-. Lloyd Hobbs. City gogineer City of Rancho Cocasauga 9161 Baseline Road 11— o Cu- aga. California 91730 (718) 989 -1831 M;32 f le: This resolutions shell be effective upon its adoption. rdSSED, dryROIED, and dDOrM this * day of *. 1S*. dyES: SONS: ASSM. J stray Ring. Mayor 3ner2y L authelets City Clark 1. RE9y.R<S L PVTMZr. CM CLE K of the City of Rancho L%caaoaga, California. do hereby certify that the foregoing Resolution vas duly passed, ayprweds am adopted by the City Council of the City of Rancho Cucanougss C+litoaia, at a r2901ar (special. adjourned) meting of said City Council held oa the * day of *, 190*_ .)q9 TO: CITY OF PMCRO CUCA14OUGA (the "City ") PETIT:= FOR THE CONSTRUCTION OF I!¢ROVEMIXTS AND WlaVER OF REQUIREMENTS OF DIVISION 4 CP THE STREET AND HIGHWAYS CODE OF THE STATP. OP CALIP)RNIA THE NNDERSIGNED, being owners of property within the area as shown o:i the p :.at attached to and node a part of this petition as Exhibit "A ", wt•dch property will ba subject to assessment for the improvements hereinafter described, hereby request the City to institute proceedings under the "Municipal Improvement Act of 1913 ", being Division 12 of the Strosts and Highways Code, to construct certain public works and improvements and acquisitions, if necessary, ganeially described as follows: Construction and installation of drainage improve- ments together with appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "Improvements "M. THE UNDERSIGNED further request such other appurtenant work that, in the opinion of the City, nay be necessary to properly effectuate the Improvements. THE UNDERSIGNED further request that the City make the designations specified as follows: 1. The englnaer(s) desiSnated to assume the respon- sibilities and porform the duties of J.ssasrmant Engineer for the Assessment District shall be DWIGHT P. FREMNCH, INC. (the "Assessment Engineer "), subject to approval . c c of an Agreement for Engineering Services. 2. The underwriter designated to purchase bonds representing unpaid assessments in the Assessment District shall be STONE i YOUNG9ERG (the "Underwriter "), uubject to approval of a Purchase Agreement. 3. The attorney(s) designated as Bond Counsel for the assessment proceedings shall be NAZAREK, HARPER, HOPKINS i MCFARLIN (the "Bond Counsel "), subject to approval of an Agreem3nt for Bond. Counsel Services. THE UNDERSIGNED further request that all efforts and attempts be mauo so that assessment proceedings can be initiated and the Resolution of Intention can be adopted at the earliest time. TILE UNDZRSIr.NED furthor agree that the City will incur no obligation for the payment of any consulting services unless there is r successful confirmation of assessmont and sale of bonds. THE UNDERSIGNED expressly waive the proceedings and all limitations under the "Special Asoassmant Investigation, Limitation and Majority Protest Act of 1931 "8 being Division 4 of the Streets and Highways Coda. THIS PETITION MAY BE SIGNED IN COUNTERPART AND CONSTITJTES ONE PETITION AND WAIVER, AND MAY BE CONSOLIDATED WITH SIMILAR PETITIONS AND WAIVERS FOR SIMILAR INRt0,`Z1'MS HEREIN MENTIOJMD. 2. Asa u c i L IUx R"d."i n 2050 S gunriq Drive Suite 225 Loa Angeles, CA 90025 c U W4 4' . 4' . 9.. : lP . P- Ird-n 701- 771 -11 201 -27 - 77, 201 -271 -;4 7. v X5-3 f PER First Nationwide Network Mortgago Cc MOM— TY_MSC.RinI N SIT,? + o Soo Attached As authorized govt 7. a5s1 A�, :a H= PROPERTY DESCQ!p!'ZON SFG:FA=,R? s E� lN✓tf. ME is (+,(. A.P. etoz- aa✓- y� C'.1�,. G, Gr, �af rdvaQ. NO. 38�/% �'f'l• '`rte �ONP rivaq. 7. osv �t NAME. PROPERTY DESCRIPTION SIGNATURE LAN BENTSEN INTERESTS PARCELI Lot °K° and a Portion of Lemon Avenue (vacr:ted), of Foothill Prostless Fruit Companies Subdivision No. 2, In the City of Rancho Cucamonga, as per map recorded In Rook 20 of Maps, Page 34, Records of said County. Sdd Parcel is also described as follows, beginning at the Soutiaast comer of Parcel 2 of Parcel Map No. 7264 per map receded La Book 81, Pages 62 and 63 of M" thencu North Or 04' 550 East 1,28354 feet= thence Notth Sr 44107- East 50.00 feet: thence South 00' 041550 Wit 1,283AS feet thence South 89' 40' 220 Hest 50.00 feet back to the point of beguuft. Containing 1,445 acres. n 4. k TRACT R Parcel No. 2 of Parcel Map 7264 and a portion of Lemon Avenue in the City of Rancho Cucamorkla, as per Map retarded in Beak 81, Pages 62 and 63 of Parcel Map, in the office of the Canty Recorders of said County. �S' C !i34,57 Cw ros QU VTNQ(Si- P ! 1 , • 7. 357 r i�.tc .�5 C, DPC III. • California Limited Partrrs p P.M. 9416 NEC Haven 6 Highland 3. Q �Su C� lli =f-f�- Ja m S. O'M+sra CERTIFICATE RE ADEQUACY OF PETITION (ASSESSMENT DISTRICT NO, 86 -1) I, DWIGHT F. FRENCH, hereby certify as follows: 1. That I am the duly appointed and acting Engineer of Work for ASSESSMENT DISTRICT NO. 86 -1 of the City of Rancho Cucamonga (the "Assessment District "). 2. That I haws received and reviewed a Petition for the construction of improvements and waiver of requirements of Division 4 of the Streets and Highways Code signed by owners of property within the Assessment District. ]. That the Petition has been signed by the owners of more than 60% in area of the property subject to the assessment for the proposed improvements within the Assessment District. 4. That the "owners of land" are those persons who, at the time the Petition was filed with the City Clerk, appear to ba such owners upon the County Assessor's Roll, or, in the ease of transfers of land, appear to be such owners on the records in the County Assessor's Office. I declare under penalty of perjury that the above is true and correct. Executed this — day of , 1986, at California. DWIGHT F. FRENCH, INC. Hy: Dwight F. French Engineer of Work C),5-5p AGREEMENT FOR BOND COUNSEL SERVICES (ASSESSMENT DISTRICT N0, 66 -1) THIS .LGREEHENT is made and entered into this __ day of 1986, by and between the CITY 0. RANCHO CUCAMONGA, a municipal corporation, San Bernardino County, California, here- inafter called "City ", and NAZAREE, HARPER, HOPRINS i HCFARLIN, attorneys at law, Irvine, California, hereinafter called "Counsel ". BE211AL2 WHEREAS, City desires to employ Counsel to perform legal services incident to the formation of an Assessment District, pursuant to the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code, with bonds to be issued repro= gnting unpaid assessmants, for the construction of certain improvements d.d acquisition, if nocessary, including appurtenances and appurtenant w.ric generally described as follows: The construction and installation of drainage improvements including appurtenances and I work, acquisition, if necessary, and incidental expenoes in connection therewith "the Improvements". WHEREAS, Counsel is prepared and able to provide all legal services required and necessary incident to formation of the Assessment District and issuance and sale of the bonds: W • 92MZ ABTA NOW, THEREFORE, it is mutually agreed by the parties hereto as follcws: Section 1. AGREE.YENT FOR SERVICES. City employs Counsel to render and Counsel agrees to rand ^.r legal services incident to the Assessment District an follows: (a) Examination of the plans and specifications for the proposed work, the map of the assessment district, the assessment roll and diagram, bonds, and giving of instruction and advice in connection with the foregoing. (b) Preparation of all resolutions, notices, contracts, bond forms, and other papers and documents required in the assessment proceedings. (c) Examination of the assessment proceedings, step by step, as taken. (d) Attendance at meetings of the City council, as needed. (e) The issuance of Counsel's legal opinion upon the validity of the assessment proceedings, contracts and bonds issued to represent unpaid assessments. Section 2. LEGAL FEES. ror the services described in Paragraph 1, City agrees to pay Counsel a fee based upon a percentage of the confirmed assessments as follows: 1 1/2= up to $1,000,000, but not less then $10,000; 1% from $1,000,001 to $2,000,000: 1/23 from $2,000,001 to $5,000,000; and 1 /4E over $5,000,000 The foregoing fee shall be paid from the proceeds of the sale of bonds, within a reasonable time after sale and delivery of bonds to a bona fide lirchaser, or, if all assessments are paid in cash, the foregoing foe shall be paid from the proceeds of the cash collected, within a reasonable time bfter the and of the cash collection period. Section 3. COSTS. Counsel shall pay all out -of- pocket expenses except for publication fees, filing fees and costs of printing which shall be paid by City; provided that, if travel outside of Suutharn California or other extraordinary expenses are authorized by City, then City shall pay or reimburse Counsel for costs and expenses incurred in connection therewith. Section 4. LITIGATION. The fees specified in Suction 2 do not include any services in connection with the acquisition, by contract or condemnation, of any casements or other property necessary for the proposed Improvements or any services in connection with the validation of the assessment proceedings or in connection with any other litigation. Section 5. ABANDONMENT OF BOND ISSUE. If this Bond issue is abandoned prior to sale and delivery of Bonds, the City shall not be obligated to pay Counsel any fee for services rendered, pursuant to Section 2, or to reimburse Counsel for any costa incurred, pursuant to Section 3. It is expressly understood by the parties that such fees and costs are contingent upon the confirmation of the assessment and Sala of Bonds representing unpaid assessments within the Assessment District. 7 ,:-,) (0 3 Section 6. INFORMATION PROVIQrn BY CITY. City agrues to furnish Counsel evzh maps, records, title searches and other documonts and procauding:, or corcified Copies tizeraof, as :,v:y bo required by Counsel in the performance of servicns hereunder. IN WITNESS WHEREOF, the parties hereof have executed this Agranmant in the County of San Bernardino, State of California, on the data and year first above written. ATTEST: City Clerk (SEAL) CITY OF RANCNO CUCAMONGA Mayor HAZARER, HARPER, HOPKINS i MCPARLIN /) By: L! Eugene A. Hazare 4 X63 PROFESSIONAL-SERVICES AGREEMENT This Agreement is made and entered into this 3rd day of April, 1986, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY•) and WIGHT F. FRENCH, INC. (hereinafter referred to as •CONSULTANT•). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of Plans, Specifications and Estimates for construction of Master Plan Storm Drains Number 4n and 4p and Assessment Engineering for the proposed Assessment District 86 -1 ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (tit) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Cc,-%ission, City Council and staff in the preparation. of Project. (10 CONSULTANT represents that it Is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. De *initions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of Plans, Specifications and Estimates and Assessment Engineering for Assessment District 86 -1 described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, - eports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessinns, oublic hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of complet.4n of all phases of the project, including any and all procedures, development plats, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the proje t acceptance for construction is set forth in Exhibit 08" Project Srhedule attachel hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and conplete the project in accordance with Exhibit "A" and applicaole with Federal, Staba and CITY statues, regulations, ordinances and guidelines, all to tLe reasonable satisfaction of CITY. (b) CONSMANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "dMments") including all supplemental technical document-, as described in Exhibit "A" to CITY within the time specified in Projer. Schedule, Exhibit "8 ". Copies of the documents shall be in such number, as are required by Exhibit •A ". CITY may thereaifter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deeme;+ necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall. at CONSULTANT's sole cost and expense, secure and hire such other pe -sons as may, In the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT. CONSULTANT hereby earrants that such persons shall be fully c alified to perform services required hereunder. CONSULTANT further agrees t • no subcontractor shall be retained by CONSULTANT except upon the prior wr'ttt approval of CiTY. 3. CITY agrees as foliows: (a) To pay CONSULTANT a maximum s, of $46,600.00 plus two percent of confirmed assessments for the performance a •he services required herpmder. This sea shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of emiloyees, consu tants and subcontractors :o CONSULTANT. Payment to CONSULTANT. by CITY, shall ie made in accordance with the schedule set forth in Exhibit •A•. (b) Fecs stipulated in paragraph (a) shal .e paid from the proceeds of the sal% of bonds, within a reasonable time ii r sale and deliver) of bonds to a bona fide purchaser, or, if all assessments a paid in cash, thi• fee shall be paid from the proceeds of the cash collected, +ithi-I a reasonabli time after the end of the cash collection period. (c) If assessment proceedings fo• the project Distri are abandored ,irlor to sale and delivery of bonds, the City shall not be oblig 'ed -3- to pay CONSULTANT any fee for services rendered, pursuant to paragraph (a) above or any other fees explicit or implied as a part of this agreement. It is expressly understood by the parties that such fees and costs arA contingent upon the confirmation of the assessment and sale of bonds representing unpaid assessments within the Assessment District. 4. CITY agrees to provide to CONSULTANT: (a) information and assistance as set forth in Exhibit •A° hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary to order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other govermantal agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, modeis, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such doavnents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and material., as CONSULTANT may desire. -4- D(. 2 Any use or reuse of the plans and specil'fcatfons except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents with:4t tht specific written consent of the CONSLLTANr shall be at the Tole risk of the CITY. ThL CITY agrees to hold harmless and indemnify the CMMULTAXT agiinst all do%-"- , claims and losses including defense costs arising out of any such alteration or revision, or use or ruse at another site by the CrTT , its staff or authorized agents. 6. Termination: This agreement •.y bt :vrataatad by tin upon the giving of a written -notice of Terminatiou- to WNSIA.TNrr at least fifteen (15) days prior to the date of termination sp�%Iffed in said Notice. In the event this Agre went is so terminated. COILQR.TANr shall be eonpensated at CONSULTANT's applicable hourly rates as set fortix in Exhibit •B•, on a pro_ rata basis with respect to the percentage of the proJeC, completed as of the date of termination. In no event, however, shall CpI51A.T.ANr receive sore C.o'n the maxfjn specified in paragraph 3 (a), above. CONSULTUT shall provide to CITY any and all documents, data, studies, s:.rveys, draw<vgs, apps, models, photogreohs and reports, whether in dreft or final form, prepared by CONSULTANT as of date of termination CONSOCTNfr nay not terminate this Agreement except for cause. 7. Notices and Designated Represe-Itatfves: Any and all notices, demands, invofzes and written :wyalcations between the parties hereto shall be addressed as set forth in this paragraph 7. The belay named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Dwight F. French, Inc., 712 N. Diamond Oar Blvd.. Diamond Bar, CA 91765 and Lloyd D. Hibbs, City _5- •7 Engineer, City of P.andm Cucamonga, P. 0. Boa C07, Random Cucamonga. CA 917l0. Any such notices, demands, invoices tad written cO=Mfcatlons, by gall, stall be deemed to have been rece;ved by the addressee forty-eight (46) hours after deyosit thereof the Qvlthd States sail, Postage pmafd and properly addressed as Set f -h atcve. 13. Insurance: COILWAfT shall neither commence wort under this r3reement until it has obtained all insurance required hereunder la i. company or cmWanies ncceptable to CM nor shall CMMLTAAT ailw ary subcontractor to commence work on a subcwtract until all insurance required of the Subcontractor has been obtained. CMMTAYT shall take out and maintain at alT times during the term of this Agra3cent the following volicies of insurance: (a) Yorker's Cosoensatfon insurance: Wcre beylnnfog work, C099XTANT shall furnis's to CIT7 > certificate of Insurance as prtnf that it has taken out fell workers' taq:ensatfon insurance for all persons rhos it say employ directly or through .ontractors in carrying out the work specified herein, in accordance with the lams of the State of California. in accordance with Lea provisions of California Labor Cote Swtioi 3700, every employer shall secure the payment of crmpemation to his wleyeas. CORALTAAT prior to consenting work, shall sign and file with CITE a certification as frliows: 'I as aware of the Provisions of Section 3700 of the Labs Cowie which require every emplmyer to be insured against liability for workem compensation or to wdertrice self insurance in accorCmKe with the pro, snons of thst Code, and I will comply with such provisions before com-nc 9 the perfor6mKe of the work of this Agreavent'. CJ Ste/ W Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad fora, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage erasing from CONSULTANTS activities, providing protection of at least One Million Oollars ($1,000,000.00) for bodily injury or death to any one por4on or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this ..greement, a policy or policies V insurance concerning ei^ors and omissions ( "malpractice') providing protection of at least (NOT APPLICABLE) for errors and omissions ("malpractice") with rpspect to toss arising fret actions of CONS11fANT performing engineerin7 services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by expros' provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents All policies shall contain language, to the extent obtainable, to the effect that l) the Insurer, Insured ani all sub- . :ontractors waive the right of subrogation against CVY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they camiot be cahcRiled or materially changed except after thirty (30) days' notice by the insurer to _7_ c;� 76 CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may Effect for its own account insurance not required under this Agreement. 9. Indemnification: COYSL'LTAtT shall defend, indemnify and savL harmless CITY. Its elected and appointed officials, officers, agents and employees, from all liability from Iasi, damage or injury to persons or property, including the payment by CONSULTANT of any dnd all legal costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maxim= extent permitte. by law. 10. Assiam:.nt. No assignment of this Agreement or of any part or obligation of perfo,mance hereunder shall be made, either in whole or in part, by CONSULTANT rrthout the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its mrployers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the lews of the State of Caii'ornia. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees aad costs from the opposing party in an amount determined by the Court to be reasonable. -8- a 7i 14. Entire A reement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subs —t matter herein. Each party to this Agreement xkm:wledges that no representation by any party which is not embodied herein vor inv other agreemert, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT - DWIGHT F. FRENCH, INC. Date: CITY OF RANCHO CUCAMO.YGA Jeffrey King, Kayor Date: ATTEST: every , u e e , y erfc Approved as to form: a 2 y ornoy FXIl aAa I' SCOPC OF SERVICES 1 Dwight F. French, Inc. will provide the following services S A. Improvement Design r I. Prookk all necessary design surveM 't 2. Prepare plan and specifications for the construction of master planned storm drain 01; 3. Secure necc3wry permits from Caltran and Stn Bernardino Flood Control and/or Corp of Engineers-, 9. Incapo•.ate muter planned storm drain 4N in spec;fieatlons and bid doctrsmts. r B. Assessment Engineering 1 I Review and compile all the cost estimates for the complete project and wttk with the bond underwriter, attorney, and engnteers to assure that all costs are accounted for, 2. Prepare assessment districts boundary coassessment rps and asse rolls for the 3. Prepare an ernginters report for the district showing assessment spreader methods of spread, assessment roll, etc.; 4. Prepare and post the District. We would prepare the , mrriopes for milling and the city would perform the mailing and advertising. r :j t :;; -20 EXHIBIT 'B• SZHEDtnE Dwight F. French, Inc., proposes to complete all work as follows, Public lmarm7, to form the district within 90 days of council approval of consultant. Final plans and receipt of bids within 90 days of the public hearing tormiig the district. ON EXHIBIT "C" COMPENSATION Compensation for the work as deserlbed In Exhibit ^A" shall be as follows: Scope of 5ervlces Item A, Improvement 06-sign $06.600.00 Scope of 5ervlces Item B, Assessment Engineering 2% of tha cmaun: to be assessed NOTE: All fees contingent upon confirmation of assessments and the delivery of bond proceeds. e3�s CITY OF RANCHO CUCAMONGA STAFF REPORT.' DATE: April y 1986 TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Olen Jones, Redevelopn:-,nt Anclylt SUBJECT: REPAYMENT AGREEMENT BETWEEN THE CITY AND REDEVELOPMENT AGENCY IN CONNECTION 'WITH 20% HOUSING SET ASIDE BOND PROGRAM BACKGROUND: At the meeting on Much 20, 1986 of the Redevelopment Agency, staff was aul�izTo proceed with the development of a tax allocation bond program for use in connection with the 20% Housing Set Aside Program. As a part of that action, stafi was instructed to develop a Repayment Agreement between the Agency and the City. EVALUATION: Tax reform legislation currently being considered by Congress Imposes a number restrictions on tax exempt bond financing, potentially Impacting this Issue of bonds. One of these new restrictions would require that 5% of the net bond proceeds be expenced within 30 days of closing. As a method of dealing with this requirement, bond counsel has suggested thct the Agency and City enter Into an agreement whereby the City would advance certain costs prior to the sale of the bond with the understanJing that, upon the sale, the Agency would reimburse those costs. This method allows relative prugrom costs to begin accruing now, helping to ensure the 5 %experditur% Due to the extension of the effective date of tax reform for "essential function b..nds" to September 1, 19861 this agreement may not become necessary. However, should the 5% requirement be Imposed, this agreement will assist in prm ling for the necessary expenses. Both Agency and City a•torneys have reviewed and approved the ogmement. RECOMMENDATION: The Council wthorize the Mayor to execute a Pepayment Agreement w t the ancho Cucamonga Redevelopment Agen_y relating to a proposed tax allocation bond Issue by the Agency. Jock Lam, AICP, Community Development Director JL:OJ:kop Attachment: Repayment Agreement j /b REPAYMENT AGREEMENT Between the Rancho Cucamonga Redevelopment Agency and the City of Rancho Cucamonga Relating to Proposed Tax Allocation Bond Issue by the Agency THIS REPAYMENT AGREEMENT is entered this day of 178E, by and between the Rancho Cucamorga Redevelopment-77g,—n—cy (the " gency" and the City of Rancho Cucamonga (tie "City"): WITNESSETH WHEREAS, the Agency Intends to issue Its tax allocation bonds (the "Bonds") to provide funds to finance certain public Improvements for the prupose of increasing the supply of low and moderate housing within the City: WHEREAS, the public improvements proposed to be financed include many of the public Improvements described in the exhibit attached to this Agreement; WHEREAS, the City is willing to pay certain costs of design engineering and related services with respect to such pt"Ic improvements pending the Issuance by the Agency of the Bonds and the Agency Is willing to repay the City for such costs from the proceeds of the Bonds; NOW, THEREFORE, In consideration of the mutual promises herein set forth, It is agreed that the City shall pay applicable costs of design engineering and related services with respect to those public Improvements -hich the Agency shall thereafter finance with the proceeds of the Bonds, pending the Issuance by tt"c Agency of the Bonds and the Agency stroll repay the City for such costs from the proceeds of tte Bonds. ATTEST: Secretary ATTEST: City Clark RANCHO CUCAMONGA KEDEVELOPMENT AGENCY Chairman CITY OF RANCHO CUCAMONGA Mayor a / % EIII L IMPRCLWMENT NEEDS LOW ANO MODERATE is COME PEiGHBORH00D5 OLD ALTA LOMA Neighborhood No. L. needed improvements include Alley between Hellman and ay Hall - general reconstruction of pavement ($17,000) La Mesa - curb and gutter on both sides of street, driveway aprons will need to be improvedJprovided; street lights could be provided without too much interference With existing vegetation and grade•, street paving will need to be Improved/provided; relocation of water meter /lines ($81,200) Layton - curb, gutter, sidewalk, and street lights, relocation of water meter /limn, paw'ement rehabilitation ($61,000) Lomita - complete missing curb 4 gutter and driveway aprons; street lights could be provided without too much Interference with existing vegetation and grade, pavanent rehabill :on ($116,200) La Grande - complete -..:sling curb & gutter and drivmoy aprons; sidewalks could be provided on one side of street; also street pavement rehabilitation Is needed; relocation of water meter /lines ($118,200) ass . :z Lo Vine - complete missing curb & gutter and d: ivtway aprons; street lights could be provided without too .v;c h interference with mdsting vegetation and grade; sidewalks cwld be provided on one side of the street; also street pavement needs to be rebuilt; relocetlon of water meter /lines ($98,2DO) W /si 4- Ameilryst • needs curb and gutter; same widening is needed; sidewalk simuld be provided, meter relocation ad street lights ($17,OO I Monte Vista - street pavement, overlay, sidewalk, street lights, complete missing curb and gutter, relocation of water meta /lines ($142,BOa) Hellman Avnnse - (from Monte Vista 5 /t) Baseline) - a41), gutter, sidewalks(n), street lights, CCWD indicates nod for 8• water line am 120 sewer line (City Improvernents - $540,000; COVDimprovements- $95,000) Storm Drain Project 02 should precede any Improvements to Heli nan Avenue. COSTS $1,091,605 for City irprovements $ 95,000 for CCWO improvements 2 �-2F f a� a, T M It + .� mi ura_:_ m i A14H Lm LM hiff ■■z�F {R/,ic�y� .,�� 'L �'�.,� fir. E�:I a Q Lf OLD ALTA LOMA Neighborhood Pia 2s needed improvements Include•. LIo'n , pavement rehabllittotion, street lights (`I/LeGrande not needed), curb, gutter, and sidewalk spot replocennent ($66,000) La Ronda - pavement r- habilitation, street lights, curb, gutter, and sidewalk spot replacement ($50,250) Rcberds - Pavement rehabilitation, street lights, curb, gutter, and sidewalk spot replacement ($26,500) Geiito - spot pavement Improvements, curb, gutter and sidewolk spot replacement ($3,!50) Avenida, Leon - pavement rehabilitation, street lights, curb, gutter and sidewalk spot replrement ($29,500) Selmo - pavement rehabilitation, curb, gutter and sidewalk spot replacement ($14000) La Grade - spot pavement improvements, curb, gutter, on2 sidewalk spot replacement ($7,500) Eastwood - ;rot pavement ImprovemMts, curb, gutter, and sidewalk spot replacement ($6,125) 2 c -V C Lamito - pavement rehabilitation, curb, gutter, and :;dcwalk spot replacement, driveway aprons ($9,750) COST: $220,000 for City improvements NOTEt Improvements to Hellman Avenue are included in Neighoorhood project OL C7v '1 1 j a.0 ,. TA LOMA Neighborhood tVa lr P, needed improvements include: i a s } w Beryl Avenue - pavement rehabilitation, some street widening, replacement of sections of existing curb and gutter with water tarrying curb L gutter, infill 6' i missing curb and Butler, sidewaik, street 170113, handicap ramps at intersections, rebrild storm drain catch bn.(n structures f i Beryl between Hamilton and 19th (W /S) - complete street Improvements as needed S COST: $335,000 for City Imprrmmer,ts jX1 L b' L in !M vi 1 t ,f 'y5 k _S °t .i 01 -D ALTA LOMA Neighborhood Na, tit needed Improvements Include: La Grande- ;avement rehabilitation and street lights, driveway aprons ($20,250) Agate - pavement rehabilitation, street lights, replacement curb and gutter to voter carrying curt, and gutter, sidewalk Improvements (where possible), relocation of water meter /lines (where necesscry) ($119,400) Roberds - pavement rehabilitation sttr^t lights, replacement of curb and gutter to water carryirg curb and gutter, sidewalk (where passible); reloeation of water meter /lines (where n,ncesscry) ($34,375) Le Vine - pavnmont tehebllftatfoN street lights, replacement of curb and gutter :o water carrying curb and gutter, sidewalk (where possible); relocation of water meter /linn (where ne:essary) ($37,625) Garnet - pavement rehabilitation, street lights, replacement of curb end gutter to water carrying) curb and gutter, sidewalk (where possible); ru :ocotlon of water meter /lines ($•54,375) COSTS $40(4000 for City improvements 1 i0TE: Includes La L ema Court ($12,50:) a d Roberds Caret ($20,625). 6 s ,;J OLD ALTA LOMA Neighborhood Nm S (Lemon and Haven Areo} needed Improvements Includes curb and gutter spot replacement, payment rehabilitation, street light review, fill In missing sidewalks, sewer connections probable, driveway aprons (as needed), relocation of water meter /lines Halsted Avenue ($39,300) La Gloria Drive ($19AC0) Flikins Avenue ($49,700) Xinlodc Avenue (30,100) Malvern Avenue ($30,000) Revere Avenue ($37,200) LlbertyStreet ($22,200) Mayberry Avenue ($43,700) COSTS $271,600 for City Improvements ags V OLD ALTA LOMA Neighborhood Na. 6 (W /Carnelian between 19th S f)aselinek needed Improvements Include; spot curb Ond gutter replacema.t, pavement rehabilitation or replacement (as appropriate), street light review, filling of sidewalks, sewer comretimns probable, driveway aprons (as needed), relocation of water meter /lines as required by sidewalk construction SOnoma Street ($48,500) spa A.tnte ($91,500) Topaz Street ($114,125) Sierra Vista (46,125) Roberds Street ($51,750) Lam. Ito ($10,000) La Palx Street ($47 175) LaGrardeStreet ($69,625) La Vine Street ($41,250) 8 I Topaz Street ($67,000) Cameo Street 1552,250) NordeWtaStrttt ($67,070) Avoton ($71,875 Jmprr ($165,125) Sard Street and Holly Court (574750) CaneoStreet ($26,250) Hamilton ($38,125 lil4wnette ($22,000) Holy Street ($24250) AnbaroodOrhv ($40,825 19th Street ($74000) CAST, $1,247,750 for City improvements .. I 17 5lxmiwtsrutcAMOwcn �+dsborlroed.Na.1: ,neededimprovements irslade: t k JJTrAm - 21reet.widcmng in vicinity of Arrow Highway one Calle Velar ISS11 25) rSml)eySjar Street lights, replace -mb and gutter, drainage culvert, sidewalks » as ldereDrn fhabllitetiantisheet.yavemmts, =I-de soc bulb by park at west e..9, - rst osnlionaf avotermetefilines(wberenecasary) ($163,625) A AwalsO.lm n. -Salle Nejar sidewalk to Arrow, street lights, replace curb and grster. :dmiaogexulvert,- rrJgbllitatian of pov rent, "I -do-sae bulb; relocation of wraterrmetedlines1whereneomcry) ($40,17 [dSorrtedi -s:met rgat.;rsk(Cul.dosacbulb) ($'x,900) AAU" -br-I yeeAmenI l,eonsad Hdknm. Av - regrading and paving, ($22,250) CCM- : _53Z%Mfar'Cityimmovements 10 r t L ! wi MH J. FG 7 r ' SOUTHWEST CUCAMONGA 17EIGHBORHOOD NO. I II U ,r I.Q.P. i� SOUBMES;CUCAMONGA Ne!ghborhood No. 2s needed improvements include: Cataveas - curb, gutter end sidewalk, street lights as needed, undergrounding .tillties if Possible, Pavement rehabilitation, Install 8" water and sewer line ($63,750) (CCWD improvements. $40,000) S/5 91h Street - street lights, a.Tb, gutter and sidewalk, pavement rehabiPtiation, upgrade water line to 8" to Vineyard, Install 8" sewer line to Baker ($65,125) (CCWD impro"ments - $200,C00) Vinmar - street lights, curb, gutter and sidewalk, pavement rehabilition, install 8" sewer line ($63,750) _ Sierra Madre - street lights, curb and gutter, sidewalk, Pavement rehabilitation; may need cul-de -sac bulb, ($70,000) alley _ maintenance grading and base pave ($8,200) COST: $270,800 for City Improvements $240,000 for CCWD improvements NOTE: CC%VD plans may be available for both water and sewer work; laterals and Individual connections additional ($3500 /connection). II a5-s V _,.,_ � e ;OUTMVEST CUCAMONGA N •oghbo• hood No, 3: need, d improvements include: WS 9113 Street - ctrb gutte• and sida••alu, street repavement, street lights, unpergrmnd utilities, upgrade water line to 8" to Vineyard, install 8" sewer line to Baker ($82,000) Sierra Mode - pavement rehabilitation, curb and gutter rehabilitation, sidmvciks, driveway aprons, street lights as needed, sewer conneetio,�s, relocation r• water miter ($34,400) Salina- p•vement rehabilitation, sidewalks, driveway aprons, street light •s: Ceded, sewer connections, relxa•ion of w:ner ^•eter /lines ($20,400) Edwin MC/91h) - cross gutter needs rebuilding, curb and gutter mainterare, slurry seat of pavements ($12,600) Celoveras - curb, gutter and sidewalk, street lights and driveway aprons as needed, underground utilities if possible, sewer connections, relocation of water mete. /lines; street rehabilitation ($53,400) s 12 Vinmar - pavement rehabilitation as needed, sidewalks, driveway aprons, street lights as needed, replace curb return at Vinmar & Salina (NcC), sewer connections (110,000) S/S Arrow Highway (from Cclaveras to Baker) - curb, gutter, sidewalks, pavement widening, street lights, uneergrounding of utilities, reloconon of water meter /lines ($131,300) COST: $344,100 for City Improvements w 13 r SOMMYEST CUCAMONGA Neighborhood No. 4: needed improvements Include: Array Highway (from Baker, east to Flood Control) - complete improvements in front of existing homey minimal widening of undeveloped lots w /AC berm, underground utilities, curb, gutter, sidewalk, relocation of water meter /lines (where necessary) ($257,100) Baker (from 8th Street to Foothill) - complete improvements in front of existing homes, minimal widening, street rehabilitation ($315,600) COST: $572,700 140TE: Storm Drain Project No. 4 should be completed prior to street ingrovem, .ts. .f w -j 14 3 C) t� �e 501,11TIOMST (:VCAMGN- -A Nclghborhocd No. S: needed 'mprcvements Inchuae: Sierra Medra - curb, gutter cod sidewalr, street rehntilitat.w, driveway carom; look at street light spacing, sewer conre^.tiry rLiccaa ^n of water meter /Imes; upgrade water line fo 10- from Arrow to Footh It ('106,7't)) (CCWD untpt nemeots -$60,000) Avenida Velar - curb, gutter and eeev cik, street rehabilitati,n, look at street light spacing' driveway oprcns, •ew:r Connections, rclocation cf water meter /lines ($117,400) P)o_ida - curb, gutter, and sidewalk, street rehahilitntirN !auk a: street light spacing, driveway jpron+, s -.wer cvnnmtio.v, relocation of water meter /lines ($3S,400) Via Cer(llo - curb, gutter and side%all., street rehebiliiatioN look of street 11pht spocing, dr)vewoy nprens (nor be able .o as street trees if parkway Is established), sewer cumectlons, relocatioa of water meter /lines ($33,500) WS Arrow Highway (tram &.kor west almost to Gram-) - Complete Improvement' In rr it of kaisting homes, minima: widening of undeveloped lots w /AC berm, undr. groundi•tg u,lilities, curb, gutter and sidewalk ($I6S,000) LAST: $'160.000 for City Improvements) $60,000 for CCWD improvements 15 3a.)- a SOUTHWEST CUCAMONGA Neighborhood No. 6: needed improvements include: Tapia Via (already committed to CDSr,, Progrcm if furf„n� cvoiloble) -o rte gutter. sidewalk, pavement rehab, street lights, relocct,on of water meta /lines ($100,400) Raneherla (already committed to CDSG pogrom if funding available) - curb, gvtler, sidewalk, street lights, pavement rehub, relocation of water meter /tines ($IS0,100) COST: $250,500 for City improvements i , 16 30Y NORTH TOWN AREA needed Improvements include: Humboldt Avenue - sewer connection by Turner Avenue - no sewer line exists at present time on a portion of Humboldt Avenue COST, $IS,ODO for CCWD improvements NOTES Storm Drain Project 03 would need to be done In order for the Humboldt sewer line to be installed. 17 3D � c'' -., — 1 r file os OP l > FC n.... t I •{ �lil' ` i. ,. •'� I.S.P. i� M --� GC ry —JL / nrl u voP � � ■mil I � I r'."' -- r 0 ■� ,; Future City Q p " Hail ■ FC MH p P M I. ■ t ■ GC p�j -_ GC IL ,. •. - p� P w �t 1Y1 1 NORTH TORN AREA I ` L T iI: an Jig r CENTRAL CU. CAMONCA Neighborhood No, h needed improvements include: Devon - pavement rehab(I:totion, street lint review, curb and gutter spot replacement, driveway aprons needed, sewer connection, ($63,000) Ramon - pavement rehabilitation, street light review, curb and gutter spot ruplacement, delveway aprons needed (Note: curb and gutter replacement work is more extensive on this street as compared to others In the n.ighborhood.), sewer connections ($37,500) Rnmono - (East Side, between Hompshire 3 Foothill) - curb and gutter and purkwoy beautification ($12,000) Horrvahire - pavement rehabilitation, street light review, curb and gutter spot replacement, driveway aprons needed, sewer connections ($05,000) Surgondy - pavement rehabilitation, street light review, curb and gutter spot replacement, driveway aprons needed, sewer connecticro ($37,500) Malvern - pavement rehabilitation, street light review, curb and }utter spot replacement, driveway aprons needed, sewer conne_tions ($37,500) Lcrdon - pavement rehabilitation, street light review, curb and gutter spot replacement, driveway aprons needed, sewer connections ($37,500) COST: $290,000 18 31'z r 'il I I i h • • rOJTW L 11.1 i r IL 5 RTC CENTRAL CUCAMONGA T NEZGRBORhOOD 110. 1 n GC�� •Il)w »N.. �. n h ' n 11 .P, 1� • n. �o I 36s CENTRAL. CUCAMONGA Nc(ghbo6" No. 2: needed Improve,nents Include: Stafford - curb arx gutter replacement, pavement rehab or replaced (as oppreor.ote), street light review, sidewalks, drivewo, aprons (es necdod). This area now has sewer lines however some of the hones are still as septic fanks. COmeetian war': may alul be possible. ($141,700) Malvern - curb and gutter rn:'acer:.tnt, pavement rehabilitation or replaced (as appropriate), street light review, sidewalks, driveway aprons (as needed), connection to sewer system may be possible. ($20,700) Dorset - curb and gutter replacement, pavement rehabilitation or replacement as appropriate, street light review, sidewalks ?, driveway aprons (as needed), connection to sewer system may be possible, ($142,600) Ellen - curb and gutter replacement, pavement rehabilitation or replacement (as appropriate), scree light review, sidewalks ?, driveway aprons (as needed), connection to sewer system may be possible. ($145,400) Norwick (to Kinlock) - curb and gutter replacement, pavement fehobilitat!an or replacement (as appropriate), street light review, sidewalks ?, driveway aprons (m needed) ($147,600) 19 i Ashford (<inlocx to Center) - curb and gutter replocement, pavement rehabilitation or repla:e nent (cs appropriate), street light review, sidewalks ?, driveway aprons (as needed) ($64,000) Center Street O'oothill Blvd, to Ashrort St.) - genercl pavement reconstruc'lon ($43,500) COST: $711,500 for City improvements Wj 20 31 Y � �'��111� • �llp�l�Ri�a � M�. ■! '"' do ■ 1111 0�� Y� ` I CENTRAL c NEIGHBORHCO � •• VVI 11 j r II ETIWANDA AREA Neigh'sorhood No. 1: needed Improvements include: Curb and gutter spot replacement, pavemr t rehabilitation or replacement (as appropriate), street light review, sidewalks, sewer connections may be possible, driveway aprons (as needed) COST: ;175,000 NOTE: Plans are available for immediate constructlon 21 3/3 ETIWANDA AREA Neighborhood No. 2: needed improvements include: Curb and gutter spot replacement, pavement rehabilitation or replacement (cs appropriate), street light review, sidewalks, sewer connections may be passible, driveway aprons (as needed) COST: $65,500 22 p ETIWANDA AREA Neighborhosd No. 3: needed improvements include: Curb and gutter spot replacement, pavement re:gbilitation or replacement (as appropriate, street light review, sidewalks, sewer conreations may be passible, driveway aprons (as needed) COST: $265,600 for City Improvements ,h .N "i a, 23 =Sa° :.. Aka FC C' E.S.P. ❑ ❑ C3� 13 ❑ GC�� l+ ■uGO 13 j: �• Ai 1. . Q °❑ t1F D I LL-7 C ETIWANDA AREA \ .� + NEIGHBORHOOD NO. 3 i 1 7 STORM DRAINS Project D) Turnerl`iermoso Storm Drain Location: Foothill, go N /on Turnery crossing Baseline and ends just N /19th (ties Into existing Alto Loma Channel) Crest: 1 Storm Drain $4.5 million Widening of Turner $1.5 million s; Source of Possible Funding: City General Fund (no contribution has yet been mode) Dev. Drainage Fund (from Fees) ($100,007 yr. fund) Gas Tax available for Turner widening only Relief Area sited for North Town Area between Arrow & 8th on Turner Avenue by virtue of storm flow diversion Project Time: Project would take 1.5 years to design and construct 24 319 ' t NOTES: I Death has occurred at Turner /Feron due to flood problems 8 Cars hove been washed away due to flooding in this area Project 92 Lower Portion of the Upper Hellman Avenue Drain Location: Start at Conte Vista on Hellman, go She SPRR, then W /olong RR til It hooks up to Cucamonga Creek at Carnelian. Cost: Storm Drola - $2 mhllon Design work has been :or: ole:ed for work between Monte Vista and SPRR. This will allow fo. increased cupoclty In existing County storm drain. Project Time: Project wouln take 4 ma to complete design; 8 mo, construct. Comments: CCWD tics parallel sewer end water line that cannot be completed until storm !rain Is complete (Old Alto Loma Neighborhood No, 2). 25 - ". Project 03 Lower Turner Avenue Drainage System Location: Begin at Deer Creek E /Turner & N /8th Street. Fallen Humboldt Avenue to Turner, N /on Turner to Feron; W /on Feron to Rancho Cucomongo Middle School; then N /through school to Ramono Avenue; then Won Ramona to Arrow (end). Cosh $2.5 million Project Time: 9 me. design; 9 me. construct. Comments: Project 03 will not be 100`Yo successful unless Project 01 is completed. Primary relief will be of school site. Routing and /or scheduling Is dependent upon Possihie co,ntruction of proposed development which is south of Feron Avenue Hawkins). r y� c. h -i 26 : », Project 04 Bcker /Arrow Drain Location: Begins S /Foothill at Baker; goes South to Arrow. then E /to existing Cucamo•vgo Creek Channel (W/Vineyard) Cast-. $1 million Project Time: 3 ma design; 6 mo. construct Comments: Property damage to tomes (3 flooded) on Biker would be protected with this Improvement. VICINITY MAP Le 01PROJECT 11 •^—� °�/ f� / hJ r PROJECT 12 • r. PROJECT 13 t � PROJECT i4 �. F �'•4 iI �t 3 4 d ar..y nn +.um..rur, • T y tn,• ` Cn'y OF nA1N71b7 CI:C.f4f)" A M: SUMMARY OF IMPROVEMENT COSTS BY NEIGHBORHOOD STORM DRAIN PROJECT NEIGH130RHOOD PROJECTS: Old Alto Lomu — Me ghburhood No, 1 1 091,600 No.2 220,000 N0.3 385,000 No.4 400,000 rim 5 271,600 No. 6 1 247 750 Old Alta Lama Subtotal Southwest Cucamonga Neighborhood No.I 325,525 rim 2 510,800 No, 3 344,100 No.4 572,700 No, 5 540,000 No, 6 5 250,500 Southwest Cucamonga Subtotal $ 2,543,625 North Town Area 15,000 North Town Area Subtotal $ 15,000 Central Curnmon__o Neighborhood No.I $$ 290,000 No.2 5 711.500 Central Cucamonga Subtotal $ 1,001,500 Etiwarda Neighborhood No, 1 175,000 No.2 65,500 No, J 5 265,600 Etiwanda Subtotal 506 ICO TOTAL for all Neighborhoods $ 7,682,175 STORM DRAIN PROJECTS: , Project 01 (Turner/Hermoso) $6 MILLION (can be phmed) Project 02 Hellman Avenve) 2 MILLION Project 03 (lower Terner Ave.) 2.5 ,MILLION Project 04 (Baker /Arrow) I MILLION TOTAL for all Storm Drains TOTAL CAPITAL IMPROVEMENTS: 1 500 000 9, 82, y: , + •.ems :- it nrmv nt. n A wtrvn rr TPA ArnaTC A STAFF REPORT Date, April 2, 1986 Tot Cit Council and City Manager From- J t, Administrative Services Dirontor Subjects C General Liability Coverage 2� 7n u ei Staff has been diligently pursuing avenues to obtain general liab.lity insurance eovorage for the City Cr. avenue purevad was pooling. It ,so discovered pools already in existence .mare n,•t accepting new members, therefore, our only option appeared to be joining a new pool Unfortunately, rot many new pools are being developed. Staff has, however, identified one peel that looks via- ble for the City to join. The California Municipal Insurance Authority (CMIA) is a State wide pool that Is being formed by Marsh L McLennan (a reputable insurance brokerage firm) tw Insure cities for general liability exposures through the pooling concept. On the face of it, the CMIA program looks very attractive and wou.d be worth the City pursuing. I am recommending that a committee comprise, of Mayor King and Councilmember Buquet, duo to their lnvolverent in the liability field on a daily basis, tte City Manager, City Attorney aid f, be developed to review the Marsh r. McLennan program and make a decision ralarding tho City's participation I would aex the Council to do -egato authority to Mayor King and CounciLmember Buquet to make an initial decision with the understanding CouncLl'e full rati- fication will be done at a later date The reason for the request to allow the authority to make An initial decision is by April 15, 1986, the initial premium meet be paid and by fay 1, 1986, the City must decide if it wants to participate in the pool If we pay the pcemlum and do not participate the premium would be refunded to us. MECOK- ENOATIONt Council authvrize the committee eppointmenta as outlined and authorize the Council representatives to make J decision pending full Council ratification. JM /t] � pit 4 . ti CITY OF RANCHO CUCAMONGA STAFF REPORT a c o DATE: April 2, 1986 :m TO: City Council SPA City ::;00, I FROM: Lloyd Bubbs, City Engt SUBJECT: AE FCR I MATIOM OP ASSESSIW DISTRICT 86"1 - I '- Subsequent to preparation of the rouncil agenda, staff has been in Zof the Bond UrNmwitcr's Agreement, &M additional property ownors' petition and the project boundary reap. This information is supplemental to your ,re ious Council packet. The Stone and Youngberg agyreement follows previous agreesants on other Districts done in the C1ty. Staff recomnds approval of the agratmtnt. LNlJr AttaChoents STONE & YOUNGBERG ■n.ao. Pane srou VKHeear March 61 1986 =, Council City of Rancho Caaaswnga City Hall 9320 6cse Line Road P.O. Hoc $07 Rancho Cucaron9e, CA 91730 Has City of RancM Cucamonga improvement Hoods Stan Drain Asgesgeent District Dear Members of the City Councils This letter will serve as an agreement between the City of Rancho Cucamonga and atone A Youngberg to serve as Hanging Underwriter to the City until the parties enter into an actual Purchase Contract regarding the negotiated ppsale of the City9s to be impror sent Actdof 1915 (the t&Onndi j andyt60 Procedural Act of 1313. You have Informed us that the City Intends to issue the Honda to y ^!de funds to finance various public improvements and for this purpose rp"rss the services of a Managing Underwriter to etructure the financing and to enter into a Purchase Contract Act Ia agreeable to both parties. As Mouginyy Underwriter, we will age our utmost efforts to raise funds at tbQ moot reasonable rates attainable in the market under then existing conditions, in amplification of the underatanfing between the City and the Managing Underwriter, Stone a Youngberg agrees to undertake the below - listed services an6 functions. A. BLIIiGLatlpa the Tinanaine, 1. Stone a Youngberg will work with vur staff in developing the Saops of the financial feasibility and assessing the marketability of tte project. 2. alone a Youngberg will work with tho City's bond counsel recommending specific tea.= Ind conditions affecting the basic security of tae Bonds. erat MMKINAae.men a n• wesourwaonexsomnAtrm• Wes mscm City Council City Rancho Cucamonga March 6, 1906 Page -2- 3. Stone i Youngberg will propare the test of an offering memorandum for sale of the securities. Said memorandum will include a description of the bonds and their security, and pertinent financial and economic data. In preparation of such prospectus# we will exercise due diligence in the ascertainment of all mef:eriai facts and circumstances regarding the project and their disclosure in the prospectus, a. Stone a Youngberg will be present at any necessary information meeting or meetings. S. If the City so requests, we will &moist in arranging the selection of a paying agent. nTtTT T1 T%Tr". 1. The Managing Underwriter wil: use its best efforts to accomplish the formal saiketing at the earliest data Possible consistent with sound investment banking and underwriting principles. It is Sntwnded that, once, Mrchasad by r't•�ne a Yocngbor , the bonds will be ra- t, Cored to the yublie on the basis of an iawdiate 'bona fide Public offering.' Stone s Youngberg MAY form a group of investment banking firms for the purpose of underwriting and selling the bonds. 2. Stone a Youngberg will submit an offs- to the City t, purchase the bonds at least three working days prior to the final confirmation of the assessments, subject to Seztinent resolutions, the offering Memorandum, and all other Drosses rryy documents, approvals, and at &dings govoraing snob bonds lavinq be determined by hood counsel, the City, and the Managing Underwriter satisfactory in all rempetts for financing purposes. I!, after negotiations with Stona a Youngberg In good faith, the City and Stone a Youngberg fail to agree on terms of sale o! the hands, the City say terminate thin agreement, thefn offer the bonds for Dale to others. C. Genera I Proyinloe< Relating to the City AnA thL.02AS aQ yndfinmLtere 1. The City agrees to cooperp':e with Stone G Youngberg to make available copies of economic and financial i City Council City Rancho Cucamonga March 6, 1916 Page -3- reports, agreements, contracts, resojutions, and other relavaut documents pertaining to the project, the City or the bonds as reasonably nay be required from time to time for prompt and efficlent• performance by Stone i Youngberg of their obligations hereunder. Z. Stoma a Youngberg shall pay its own out -of- pocket and other expeasea, the cost of the ?reparation of the Offering Nemorandom, Underwriter a Counsel, Slme Sky and Intemtnsat Memoranda used by the Underwriters and all advertising exponsss in connection with the public offering of the bonds. 3. The City cha11 pay from the proceeds of the bonds or Other funds of the City all costs and expenses custol%arily paid therefrom, including the cost of printing the bonds, and other documents, the toes and oxpenses of its 1e941 counsel, bond counsel,xpe retained by the city insconnection with the financing. d. It is expressly understood and agreed and the City hereby recognixem that in performinq its actiriti�s pursuant to a negotiated ssle that Stone i Younggberg is acting solely on its own behalf as the prospactive manager of an underwriting group which plans to submit to the City a proposal to purchase the bonds for resale. Nothing herein shall be construed to make the Managing Underwriter an esployoe or financial, fiscal, or other advisor of the City or to " tablish any fiduciary relationchip between the City and the Managing Underwriter. 3. Thin agreon*nt shall extend to the date of sale of tho bends e9 contemplated herein, when tae formal bond Purchase Contract Le entered into by the parties. 6. The City may terminate this agreement if, of "ev negotiaticna in good faith, the City and Utone i Youngberg f6il to agree of mutually acceptable terms of sale o. the bonds. Upon teiuinatinn of this agreement, the City shill be under no further obligation to the Manang Unlerwriter hereunder, except that the City is obligagi ted to Pay to the Managing Underwriter any expenses incurrei on behalf of lb• City pursuant to City Council City of Rancho Cucauonga Rarch 6, 1936 Page -4- Faragrurh C(4) of this agreement -hould the City not sell the bonds to the Managing Ondervriter on belalf of the andeniriters pursuant to section a of this agreement. constitute anagtsem"Rt betweenbthe Cityiand thr, Undersigned. Accepted ebis day of , 1936 City of an,-_Cactmonna 6yt CERTIFICATE R8 ADEQDACy OF PETrZIOH Vjzj 1 ;14 y I, DWIGHT r. FRENCH, hereby certify as follows: 1. That Z an the duly appointed and acting Engineer of Hark for i ASSESSMENT DIu =CT NO. 66 -1 Of the City Of Rancho Cucasonga (the "Assessment District"). 3. That I have roceivad and reviewed a Petition for the con '% of improvements rind waiver of re erants of Division 4 of the streets and HighwaYa Cade signed by owners oZ property within the Assessment D.striet. 3. T.4at the Petition has been signed by the owners 3f more. than 60% in area of the property subject to the assessment for the proposed tmprovements Within the Assessment Oistrict. 4. That the "owners of land" Ara thoeW persons Who, st the tine the Fatitioi vas filed With the City Clark, appear to be such owners upon `ho County Assessor's Roll, or, in the case of transfers of land, sDpDyear to be such ovnerp on the records in the County Assessor's Offica. I declare under penalty of perjury that the above is true and correct. It Executed this �day of k7z",Z, 1066, atLle.s.L California. DwraHT F. FRENCH, INC. Ey: Ovight Y. French Engineer of Work TO: C-=1 or R.L`1C.°O C..C.L'(ONGA P ==C:t y0R = CZN3:RCC7-OY or r.".PP.Cv= LT..:S F:tD A.1-.= or R_CC:R_,:^-.t'L's OP D17- -SCC:t 4 OF S =°4:S .1:10 H1G.Td.1'LS COOS or S ^.1^_' OF C1Lr�OAlrt1 MM =3!G'=' being ewro_ -s of propa_rv1 w!.t iZ `tea as as shown on the plat atrAchad to and =ada a part of thia 7 -iticn A. Sas ExhLbit ".1 ", which p:opa_ -_y will ba subject to assess- -c for the lnpreveants hereinafter descibad, hereby request the 'Lty to institita proceedings u-.dar the "tknie!pal L- ;rave_ ant Act of 1913 ". being Division 12 of the St -sate and Highways Code, to construct carain public works and it•,prova:ents and acqu! =it -•ens, it nacesaa- -y, generally dancihed as followst construction and installation of drainage ioprova- nents together with appurtenances and appu--anant work, aequisitien, it aaeassarr, and inn dental expenses in eoanaetion tharowith (the "r=prov4= ants "). 2'8: MIDMIGIt)31 further request ranch other appurtenant wo -k that, in too opinion of the Cite, nay be neeesna. -f to properly affact•:ats the raprova =ants. we OnD=SXGM further request that the City rake the das!gnatlons specified as follows: 1 The argL- eer(s) desigcatod to asv: =o the respon- . ribilitlas and pecfors tha duties of hasass =ant E..g!naer for toe us.sa- -ant District shall be ,r,a, -= T. F=C3, =C. (the - .1ane69Ant iagiaeer "), subject to approvai of an 74,�raetart ::or E g'_�oerS�; Serricaa. 2. The urdar aStar desig=tad to ;==haze bcrs raprssa:`.ing Unpaid assess --ants in the aaa"aa =ent District shall be S.O:IE G YOO:IGmG (the "6rda_ritar "), subject to app °val of a Pur chase Agraament. 2. The attzrnay(s) designated as Lo: C_--u:sal for tha assessment yzocaadirgs shall be 3L1:ARM HARM. HOpE..I*` S 6 xa AAr-= (the "Fond Counsel ") , subject to apgroval of an agrsamant for Lord CoU:tesl Srrvieas. Tim UIMMXG:nM further request that all efforts and attempts be made so that assessment preuedSAgs can be init".ated and the Resolution of Intention can be adopted at the earliest time. MM G:m=SZT.MD furl or agroa that the city will incur no ootigation for the paysant of any corsultir; so--7ices wless there is a successful cong _4—Aticn of assess=ent and gala of bonds. TS3 D:n7E:L4:GNm exprassly vaiva the p•rocead'� ;s :.rd all 13ltations Under the "Special Assasamant :nveatigation, LL- Station and Majority Protast act of 1931 ", beinq Division 4 of the Streets and HSL7hways Cede. THIS PE ^T:03 MAY BL SI6:RD ^t. COV=ERP '" AHD CO:IST^D=-3 o:IE PET'^:0:1 ' +0 vA--=, aND Ha'l BE CC:ISOL:DATED HITR S -Mr-AR P- MITZO:IS A= wAI7'd4 7OR S=CIAR LYPAOCE:C:ITS BF.t' Y�I ICPLSCItEO. 2. 4 Roulln L. Rorsts A} No 7-U Aks Rorsl/s L. Johnson �6S 07 f— 1L�7CJ O S. 4 �aA CITY OF RANCHO CUCAMO REDIMLOPMENT AGENC MEMORANDUM DATE, April 2, 1486 TOt O winnan and Members of the Redwelwly Agency FROMt Lounn M. Wasserman, City By, Jack Lang AICP, Deputy Exeeati Direztor SUBJECTn ISUSINESS IMPROVEMENT DISTWCT PROGRAM At th Agency mooting on Mach S, 14K, the board requested staff to ppreps• in an business Improvement districts. Staff Is currently In th procm, of collecting Information and reviewing existing business Improvement districts from other rnnmunitles that am aimed at ertumcing existing busirwssea. Upon recelpt and review of thus districts, a parpecilve of existing programs as %well as a dlwusslon of valor_% rAtrnattw methods will ba presentad to the board A report Is anticipated to be ready for the Agency mee'ing of M,ty 7, 1486. The report will be desaipth» In naurs but will outline the general steps In dewloptng a program and present the policy Issues associated with such a program. Agar the Agency's review and discussion of this report, staff would Implertwtt whottrver policy dirsction the Agency board decidss upon. JL/k p .n' ReVLSiD CcivS�+JT' CITY OFF ANCHO CUCAMONGA STAFF REPORT ot.TE: April 2, 1986 an T0: City Coundl and City we gar FR M: Lloyd 8. Nubbs, City Engineer BY: Dave Blevins, Maintenance Superintendent SUBJECT: Approval of acceptance of Alta Loma Store Drain (AD 84-2) as complete red authorize the ?fling of a Notice of Completion for the wort The Alta Loa Store Drain (AD 84-2) Project has been completes to the satisfattia: of the City Engineer. It is rs.^mmended that the Concil approve the acceptance of the project, authorize the f aril payment and dfract the City Enfinaer to file a Notice of Completion with the County Recorder and release pt,dorSMS aunty (51,9286190.00) and retention (198,002.11). RECOIBENOATION It is recowwWed that Cowil accept As complete the Alta Lama Stone Drain (AD 84-2) Project and pass the attached resolution authcrizing the City Engineer to file the Notice of Completion and release the faithful perfoivnnce bond and retention (35 days after filing Notice of Completion) and authorze final payment. Respectfully subItted, r. as Attachment r Y ry�y~Y pliy. k e I Odista Cewfeei7` CITY OF RANCHO CUCAMOIIGA STAFF REPORT DALE: April 2, 1986 TD: City Council and City Manager FRfM: Lloyd B. Hubbs, City "Ineer BY: Michael D. Long, Senior public Wrks Inspector SUBJECT: Approval of Professional Services Agr* rant with Neste, Brudin i Stone, Inc. for the performance of professional services with respect to construction managansnt, inspection Lid staking for North Town - Phase 19 and Turner Avanue faprovuent Projects for the amount of $32,000.00 to be funded from MO and 04s Tax Funds In conjunction with the subject projects, consulting services are required for inspection and surveying. Neste, Gr din i Stone has SUL�ettted a roobined proposal of $29,696.00 for services necessary to cover subject projects. RECOM E MATIOM It is recommended that City Council accept the proposal from Neste, Brudin Z Stone, execute the Profesniatsl Services Agreements, and authorize the Finance Director to expand $32,000.00 (combined proposals of $29,096.00 plus 52,904.00 contingencies) for said services to be funded from HUD and Gas Tax Funds. Respectfully subnitt , f;� I r I LB8. - 3 !%(14q PROFESS10M SERVICES AMSEtar This AgrecDant Is nude and entered into this 19 , between the City of Rancho CucMnga, a Wmiclpot Corporation (h¢roteafter referred to as •CITY• and _. — N�sta /rrdln d Stone ( hereinafter referred to as CCtiSULTAtiT•). A. Recitals. (f) CITY has lvretoforo issued its Request for Proposal p¢rtafnfn� to the perforeahce of professional services with respect to constrL:tfen management, fnaFectfon and staking fir North Torn - Pbcae IV and Turner AYenoe ?mproeement Projects (•Project• hereafter). (11) CONSULTANT has aow submitted its proposal for the perforsonce of such servttes. (111) CITY desires to retain CONSULTANT to perform professional services necessary to render adrfce and assistance to CITY, Clty Council and staff in the comptotefen of Project. (IV) CONSULTMT repro„ s that 1. Is queifffod to Perform such serrfces and is willing to perform suck profesatonai tervltas as hereinafter defined. N677, THEREFORE, it is agreed by aad between CITY and COnsuLTANT as follows: R. A raemant. 1. Ceftnnps; The following definitions shall apply to the following terms, except whole the content of this Agreeaewt otherwise requires. -I: - (e) Project- Construction ganayaeent, InspectfCn and Staking described to Exhibit "A' Scope of Services hereto Including, but as limited to, the preparation of impt. Servoys, reports, and documents, the presentatten, both oral and in writing, of such plans, naps, swrvoys, reports and ducwtents to CITY as required and attendance at any and all work sessions, public hearings end other LxeetinSs Conducted by CiTY with respect to the Project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (C) Completion of Project: The date of Completion of all phases of the project, fncludinr any and all procedures, deralopernt plans, maps, surveys, plan documents, technic&' rex,rts, FtNtings, aril presenratlons and attendance by CONSULTANT at rva,ic hearirgt regarding the project acceptance is sat forth In Exhibit 'B" Project Schedule attaUAd hereto. 2. C07SULUNT agrees ss fallout: (a) CONSULTANT shall forthwith undertake and complete the project In accordance with Exhibit "A" and applicable with Federal State and CITY statues, regulations, ordinances and guidelines, ati to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply originals of all maps, surreys, reports. Plans and documents (hereinafter collectively referred to as "documents') including all supplepentat tscWcal docuaents, as described in Exhibit "A' to CITY within the time specified in Project Scheduled, Exhibit 'B'. Copies of the documents shall be In such rcimbers as are raquired"by Exhibit W. CITY may thereafter review and forward to C0MTAliT cometets -2- -X Ya A? j >, �r,n regarding said documents and CONSULTANT shall thereafter cake such revisions to said documents as are deemed necessary. CITY shall receive revised t } docuaents In such fora and in the quantities determined necessary by CITY. The tia'a limits set forth pursuant to this Section 62.(b) may be extended upon e written approval o. CITY. (:) CMLSULTA:IT :h3i1, at CC'ISULTAYT's sole cost and expense, secure and hire such other persons as may, In the opinion of CONSULINIT, be necessary Li comply with the tens of this Agreement. In the event any suet other persons are retained by CONSULTANT, MISULTANT hereby warrants that such persons ciuill be fully qualified tc perform services required hereunder. COMMIT further agrees that no subcontractor shall be retained by COMULTANT• except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT the sum outline in Exhibit W for the performance of the services required hereunder. This sum shall cover the cost of all staff time and ails other direct and indirect costs or fails, i including the work of employees, consultants and subcontrectors to CONSULTANT. Paypent to CONSULTANT, by CITY. stall be Lade in eccordance with the schedule set forth in Exhibit 'C•. (b) Payments to CONSULTANT shall be aide by CiTY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such Invoices stall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit 'C• either with respect to hourly rates or lump sum amounts for individual tasks. In no k #i event, however, will said invoices exceed 95% of Individual task totals f described In Exhibits W and `C'. 'u ' (c) CONSULYANT agrees that, in no event, shall CITY be required ti pay to CONSULTANT any sun in e:.cess of 95% of the maxiawa payable hereunder prior to receipt by CiTY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and } content to CITY. Final payment shall be nude not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services3 Paynen•ts for additional services frequested, In writing, by CITY, and not included in the Scope of Services as sat forth In Exhibit W hereof, shall ba pdd on a reimbursement basis in i ` accordance wit' ..0 fee schedule set forth M Exhibit ICO. Charges for r additional services shall to Invoiced on c monthly bests and shcli be paid by CITY within a reasonable time after said invoices are neatved br CITY. ' 4. CITY aarees to provide to CONSULTANT: (a) Information and assistance as sat: forth to Exhibit *Ae berate. (b) Photographically reproducible copies of ups and other information, if available, which COKSULTMIT considers necessary to order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, In obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to sake all initial contact with respect to the gathering of such tnfaraution. .4- S. Ownership of Documents: Ail documents, data, studies, surveys, drawings, Maps. Models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payaant for services perfornac by CONSULTANT, seth documents and other identified Materials stall be delivered to CITY by CONSULTANT. CONSULTANT May, however, Make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specif5cationt except at the sit* tatonded or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the COISUL1ANT slell be at the sole risk of tlxt CITY. The CITY agrees to hold harmlest and Indemnify the CONSULTANT against a!1 damages, claims and lassos including defense costs arising uut of any such alteration or revision, or use or reuse at another site by the CI -Y , its staff or authorized agents. 6. Termfna Cos 7h1s agreement MAY cs terminated by CITY urn the giving of a written - 113dce of Termination- to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated. CONSULTANT shalt be compensated at CONSULTANTS applicable hourly rates as sat forth In Exhibit -61, on a pro• rata basis with respect W the percentage of the project completed as of the date of termination. in no event, however, shall CONSULTANT receive more than the maximum specified It paragraph ] (a), above. CONSULTANT shall Provide to CITY any and ail documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether to draft or final fore, prepared by -5- CCUSULTART as of date of termination. CCnSUL'tAIIT may rot Grminate this Agreement except for cause. T, notices and Cesinnated Rloresnntatives: Any and all notices, demands, inroices Sol written communications between the parties hereto Shall be addressed as set forth in this paragraph T. Ths below named individuals, fartlwMeO, shall be tbose persons prtmartly responcible for the Performance by the parties under this Agreement: John K. Feeastra, Princi oai Ennlnee_ry, n_eta, Erudin b Stone. "onto Proscher. Public works Engleeer. City of Rancho Cucamonga Any such notices, demands, lnvalcas and written wnm+niestlons, by suit, shall be deemd to have been rocelred by the addressee fforty -eight (18) hours after deposit thereof In the United States 01111, postage prepald and properly addressed as set forth above. 8. Insurance; CMSULTAIIT shall neither coenente work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable G CITY nor shall CCtSULTART allow any subcontractor to comms:nce work on a subcontract until all lnsvrance required Of the subcontractor has been obtained. C08SULTAIIT shall take out and maintain At ail times during the term of this Agreement tho following policies of insurance: (a) worker's Cceeeasaton Insurs^rce: Before beginning work. CCnSULTART shall furnish to CITY a certificita of Insurance as proof that it Sus taken out full workers' coopgnsaton insurance for all parsons whom it slay employ directly or through subcontractors to carrying out the work specified heroin, in accordance with the laws of the State of California. .6. In accordance with the provisions of Callforala Lejor Code Section 7100, every employer shalt secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: at in aware of the provisions of Sdction 7700 of the LaLor Code which require every employer to be insured against liability for worters, compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing tho performance of the work of this Agreement'. (b) Public Liability and property Damage: Throughout the term of this Agreement, at COOSULTAnT's sole cost and expense, CWSULTAIT shall keep, or cause to be kept, in full force and effect, for the mutual bennfit of CITY and CORSULTANTO comprehensive, broad fora, genrral public liability and automobile insurance against claims end liabilities for persona' Injury, death, or property damage arising from CONSULTANT's :ctivfties, providing protection of at least Five Hundred Thousand Dollars (5500400.00) for bodily injury or death to any one parson or for any one accident or occurrence and at least Five Hundred Thousand Dollars ($500,000.00) for property damage. (c) Errors and Omissions; CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of Insurance concerning errors and missions (•malpractice•) providing protection of at least _One Nllllan Dollars (Si 000 000 0a) for errors and missions (- melprsctice -) with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CM. (d) funeral insurance Re ufrements: All insurance required by empress provision of this Agreement sbe11 be carried only in `: ? -7- V responsible insurance coopanies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the Went obtainable, to the effect that (1) the insurer waives the right of subrogatlnn against CITY and CITY's elected officials, officers, employees, and agents, (2) the policies arm primary and noncontributing with any insurance that may be Carried by CM, and (y) they cannot be C.ncelled or materially c1,%n91d except after thirty (30) days' notice by the insurer to CITY by certified @all. CONSULTANT shall furnish CITY with copies of all Such policies promptly upon receipt of then, or certificate evidencing the Insurance. CONSULTANT may effect for its own account insurance not required under thii Agreement. I-rg i 9. Indemnification: CONSULTANT shall 4e4*al, Indemnify and •ave harmless CITY, its elected and appointed officials, 07fictrs, agents and employees, from all liability from loss, duvge or injury to persons or properly, including the payment by CONSULTANT of any and all legal costs a :d attorneys' fees, in any manner arising out of any negligent or intentioral or willful acts or omissions of the CONSULTANT to the performance of this Agreement, including, but not limited to, all consequential damages, to the maxivw extent permitted by law. 10. Assignment) No assigncent of this Agreement or of any part or obligation of performance hereunder shall he made, either in whole or in part, b/ CONSULTANT without the prior written consent of CITY. 11. Indepondent Contractor: The parties hereto agree that COASI'LTANT and its employers, officers and agents are indeptnc t contractors under this Agreement and shall not be construed for any purpose to be w employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed In accordance with the laws of the State of California. 17. Attarnev's Fees: In the event any 10941 proceeding is instituted to enforce any tern or provision of the Agreement, the prevailing Party in said legal proceeding 0411 ba untitled to recover attorneys- fees and costs from the opposing party in in amount determined by the Court to be reasonable. 14. Entire Agreement; This Agreement supersedes any and All other agreements, elthtr oral or In writing, between the parties with respect to the subject matter hareln. Each party to this Agreement acknowledges tlu:t no -eprasentaticn by any party which Is not embodied heroin nor any other agreeaent, statmnt, or promise not contained in this Agreement shall Ire valid and binding. Any modification of this Agreement shall be effective only If It Is to writing signed by all parties. 13 WITNESS ld,EREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT CITY CF RANCHO CUCAMONGA Jon 0. Miyeffs-7u7�0F ATTEST: ever y u4 a et, ty er Date: —;L1 Date: Approved as to form: ty Carney EXHIBIT A SCOPE OF =9 Construction managmat Pre- Construction Conference Pay Estimates Contract Change Ordvs Labor Coepllance Enfomemnt Final Report As -built Drawings Inspection Full 'Tire Inspection and Ooctmution of Yro% Enforcement of Traffic Control Requirownts Before and After Photographs w : at . �.TG�k• • y. yt c EXHINT 6 Schedule of work will follow the murse of project construction. ECIIBIT C COIDEIISATiGN Compensation Is proposed on an hourly basis per attached Estiauted costs, assusdn99 rate schedule. both projects, is as follows: a six (6) weak concurrent construction Period for Construction Management Construction Manager 40 h;rs. 0 $65.00 OFFtre Engineer $2.600 12 Mrs. 0 51.50 Administratin Secretary 16 Mrs. 1 34.00 610 544 Drafter 16 Mrs. P 47.00 Mileage 688 Soo Total Construction Hnugesent 14.450 Inspection Senior Inspector (70 days) 240 Ilrs. 0 $50.00 $12.00 Wesge .800 TOtoal Esttauted 1'ee $17.750 CONS.W31001 SURVEY FR0P05RL CITY (IF RANCHO CUCAmwGA M0;11HTOIM -PHASE IV CONSTRUCTION STAKIRG (2 -Man Survey Crew) TASK S!4EET (I SET ESTIMATED RATE PER MOU0.5 HOUR ESTIMATED Eighth Curb Stk.(25 4) 5 $125.00 COST $625.00 Catch Basin Stk. 2 112 125. GO CMP 712.50 1 112 125.00 187.50 8e10ont Curb Stk.(25 -) 8 125.00 Catch Basin stk. 2 1.000.00 125.00 Retaining Curb Stk. 2 125.00 250.00 250.00 hacta Curb Stk.(25 -) 8 125.00 Heoder 8 A.C. 1.000,00 Sera Stk. 2 125.00 250.00 Centerline Control 6 Reset 8 125.00 19000.00 Survey Supervision 6 58.00 748.00 Survey Research 4 50.00 200.00 TOTAL aTTMATED COST FOR INTN T01I1 -FPASE IT PROJECT: $5,427.10 .z Exhibit C (cont.) C0115IRU:' (A SURTET MUM CUT CF RANCHO CUCXWGA TURNER AVENUE CONSTRUCTION STAXMG (2 -Nan Survey Crew) TASK ESTIMATED RATE PER ESTINATKO STRfET (I SETT HOURS HOUR -- COST Turner Curb Stk. 8 $125.00 $1,000.00 E.P. Stk. 4 125.00 500.00 Rot. Wall stk. 3 125.00 315.00 Catch Basin 2 125.00 250.00 21' RCP 2 125.00 250.00 Feron Curb Stk.(8'CF) 2 125.00 2SO.00 Retaining Curb Stk. 2 125.00 250.00 Main Curb Stk. 4 125.00 500.00 Sewer Stk.(25') (Mainline 6 Laterals) 6 125.00 150.00 Centerline Survey Control 2 125.00 250.00 Centerline Control 6 kesat 8 125.00 1,000.00 Survey Supervision 6 58.00 348.00 Survey Research 4 50.0 200.00 TOTAL ESTIMATED COST FOR TURIM AVEMOE MW: $5,923.00 Rig �> *n:�` .•r!+ ,y ;j ' RErissn r,�v,- ✓n.•r � • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TD: City Council and City Manager MON: Lloyd B. Hubbs, C:ty Engineer BT: Michael 0. Long, Senior Public Yorks iispector SUBJECT: Aroroval of Professional Service 1greement with Richard Milts Associates for the preparation of soils Compaction and materials testing for the Turner Avenue ia,- ovement Project and the North Tam Phase IV Improvement Project In conjunction with the subject projects, A consultant is required to test soils and materials for contract compliance. Richard Hills Associates cf Rancho Cucamonga has submitted a proposal of $3,950.00 for testing of the Combined projects. Attached for your consideration aro the proposals for subject consultant servlrvs. RECCMENDATIUR It is recommended that City Council accept the proposals for Richard M!lls .associates for testing on the subject Pojtcts and authorize the Finance Director to expend $4,34S.00 (ccab!ned proposal plus 109 contingencies) for xafd testing, to be funded from HUD and Gas Tax Funds. Respectfullasubmlt� , LBH: .sr ' Attachments PROFESSIONAL SERVICES AGREMT This Agreement is made and entered Into this day of 14___, between the City of Rancho Cucamonga, a 9uniciDal Corporetion (hereinafter referred to as - CITY -) an;. Richard Mills Associates ( heroinafter referred to as •CONSOLTANTe). A. Recitals. (i) CITY has heretofore Issued its Request for Proposal pertaining to the performance of professional services with respect to thL preparation of +0119 Gn.o-etlnn rend nwlrri alt te,tlnn rnr th- Turns Aye. I" Omieer reed the #rnlrrr. (•mrolecte hereafter). s (Ii) CONSULTANT has now submitted its proposal for the performance of such services. (iH) CITY desires to retain CONSOLTANT to parforit professional services necesss -y to render advice and assistwice to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to per-rem such services and is willing to perform such professional services at hereinafter deftnr;. NOW, THEREFORE, it is agreed by and between CITY and CONSuLTANT As follows: 6. Agreement. 1. Oefinitivs: The following definitions shall apply to the following terms, except where the context of this Agreement othtrwise requires: t' 3/S1" -1- (a) Pro ect: C"action testing of off -site utility trench backfill and off -site Imorovements, e.rd materials testing of aschaltie pveaxtnt described In Exhibit •A• Scope of Services hereto Including, but not limited to. tht preparation of inapt, surveys, recarts, and documents, the presents• ion, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as remiired 1,14 attendance, at any and all work ,assigns, Public hearings and other ar;:ings conducted by CITY with respect to the project as outlined in tiro Scope of Services. (br tr% sces: Such profti:ionot ervices as are necessary to be, performed by COxh'!L-,ANT in order to comptetr the, project. (e) CO mletian of protect: Mt date of coroletion am all Phases of the Project, Including any and all procedures, deveiopmant plans. RAPS, surveys, Stan dacuents, technical reports, meetings, oral presentations snd attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit moo project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and ctrtplete the Project in accordance with Exhibit aA and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter ooliectivaly referred to as 'documents') including all sapplesental technical dooesents, as described in Exhibit •Am to CITY within the tine specified in Project Schedules, Exhibit -2. ,.e Yi s8s. Copies of the documents shall be in such numbers as are required by Exhibit *As. CITY may thereafter review and forward to CO.YSMTANr comments regarding said docraents and COr.SULTANr shall thereafter make such revisions to said dacucants as are deemed necessary. CITY shall receive revised documents in such fors and in the quantities determined necessary by CITY. Tho time limits set forth pursuant to this Ssction 82.(b) may bn extended Croon A written approval of CITY. (c) CONSULTANT shall, at CMt'LTA.'(T's $ole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT', be necessary to comply with the terms of this Agremaen,. In the event any such other persons are retained by CONS UST, CONSULTANT hereby warrants that such persons shall be fully qualified to perforn services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CUSULTANr except upon the prior written approval of CITY. 3. CiTY agrees as follows. (a) To Day CMWXTANr a maximum sum of Sau oo for the performance of the services required hereunder. This sum shall cover the cost of ail staff tit: and all other direct and indirect costs or fees, including the work of employees, consultants armd subcontractors to CONSULTANT. Daynant to MISULTANT. by CITY, shall be mtds in actordarud with the schedule sat forth In Exhibit W. (b) payments to CONSULTANT shall bb made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such Invoices shall be Acid within a retsonable tied after said invoices are resolved by Cl". All charg-a shall be detailed in Exhibit sC• either with respect to hourly rates or lunp sum amounts for individual tasks. in no -3- v e event, however, will said invofces exte:d 951. of individual task totals described in Exhibits W. (c) CONSLLTANT agrees that, in no event, 0..411 CITY be regbired to pay to CONSULTANr any ens id excess of 95% of the oxximaxe payable hereunder prior to recelpt by CITY of 111 final doaaents, together with all supplemental technical documents, as described herein 4ccepta5te in fors and content to CITY. Final payment shall be made not later than 60 day; after Presentation or final documents aml acceptance thereof by CITY. (d) Additional services: FJYmants for additfom,l services requested, in writing, by CITY, and not tncluaad in the Scope of Services as set forth in Eahlbit •A• hareaf, shall be paid on a reiebursuent basis in accordance ai•h the fee schedule set forth in Exhibit *Co. Charges for additional services shall be invoiced on a Mmthiy basis ark shall be paid by CITY within a reasonable time after said invoices are recefied by CITY. 4. CITY aorees to oravide to CMULTANr: (A) Information and assistance as set forth in Exhibit •A• hereto. {b) Fhotographicslly reproducible copies of maps and other lnformatlon, if available, which CONSULTANT consiears nece;Sary in order to complete the project. (c) Such information as Is generally available frm , "ITT files moplicable to tin project. (d) Assistance, If necessary, in Obtaining lnforaation from other govermmentai agencies and /or privata parties, However, it shall be COitSULTANTIS responsibility to nuke all initfat contact rich raspeet to the gathering of such information. -4. _ r! E S. Q+nerhiO of 7Onuent_: All documents, data, studies, surveys, drawings, saps, models. Photographs and reports prepared by CO:ISUi,T /dsr ouruant to this Agreement shall be Considered the property of CITY and, upon payment 'Or services Perforred by CO:tSuLTAYT. SOU documents and other identified materials shall ba delivvrtd to CITY by CONSULTAyT. C"SULTA.IT may, however, make and retain such topics Of said documentS and materials as COASULTAIIT may desire. Any use or rouse of the plans and sveclfieattrms except at the sit* Intended or any alteration or rovision of the plans Or specifications by the CITY, its staff or authorized agents without the specific written consent of the COXMTANT shall be at the sot* risk of the CiTY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs wising out of any such alteration or revision, or use or reuse at another site by the c:TY . its staff or authorized agents. 6. Teeminatton: This agreentit may be terminated by CITT upon the giving of a written 1Notice of Terninatipn- to CONSULTANT at least fifteen (15) days prior to the date of tsndnation specified in said Notice. In the event this Agreement is $o terminated, COSSULTAYT shall be compensated at CONSULTANT's applicable hourly rates as se: forth in Exh;blt 180, an a pro- rate basis with respect to the percentage of the project toaPleted as of the date of termination. In no event, however, shall CMULTA•(r receive more than the maximum specified in paragraph 3 (a), above. CONSULTMT shall Provide to CITY any and all documents, data, studies, surva;n, drawings, maps, modals, Photographs and reports, whether in draft or final form, Prepared by " -5- 1 CQ7SULT,L'iT as of date of torminaticn. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Desicnated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furth:=re, shall 50 those persons primarily responsible for the rerformance by the parties under this Agreement: E. Duane Lyon, p,E„ Grea Chandra, P.Z. Any such notices, demands, invoices and w itten communications, by mall, shall be deemed to have been received by the addressee forty.efght (48) hours after deposit thereof to the United States matt, postage prepaid and properly addressed as set forth above, 8. Insurance: COMILTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder to a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to CO"Wee work on a subcontract until all insurance required Of the subcontractor has been obtained. CONSULTANT shall take out mid maintain At all times during the term of this Agreement the follow,"; policies of insurance: (a) Yorker's Comoensaton insurance: Before laginning work, CONSULTANT shall furnish to CITY a cnrtifiate of insurance as proof that It has taken out full workers, coapa:saton insurance for all persons whom it may employ directly or through subcontractors to arrying out the work specified h:raln, in accordance with the laws of the State of California. a (A , -6- I In accordance with the provisions of eailfornia Labor Cote Section 3100, every employer shalt secure the payment of ceVensatlon to his employees. C011SULTAnT prior to eaaencing wart, shall sign and fife with CIl'T a certification as follows: 'I am awue of the provisions of Section 3105 of the Labor Code which reouire every employer to be Inured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will cMly with such provisions before co=ncing the perfoisunce of the work of this Agreement". (b) Public Liability and property Damage: Throupout the term of this Agreement, at C07SULTAMT's sole cost and expense. CD.YSL1TAftT shall keep, or cause to be kept, in full force tnd affect, for the mutual benefit of CITY and COIISULTMT, coeprehensive, broad farm, general oublie liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from C0ISULTANT's activit!es, providing protection of at toast Gne Million Dollars (SI,0D0,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damago. (c) Errors and Omissions: CO. _a11LTAMT shell take out and maintain at all times during the life of this Agreectnt, a policy or policies of insurance concerning orrori and omissions ('malpractice') providing Protection of at least S 1.0 .000.00 for errors and omissions ('malpractice•) e:tb, respect to joss arising from actions of C43SULTAUT performing enginearlrg services hereunder on behalf of CITY. (d) General insurance Reeuiressnts' All insurante required by express provision of this Agreement shall be carried only in .7. S resoansible Insurance Companies licensed to do business In the Stste of Additional and polfcles required under paragraphs 8.(a) and (b) shall naarr as Additional Insureds CITY, its elected officials, officers, eMloye agents. All policies shall contain ranguage, to the extent d effect Obtainable, to th as, and that (i) the insurer wafres obt the right of subragatfon against CITY and CITY's elected officials, officers, rwiloyees, and agents; (¢) the Aoticias are primary and noncontributing wtth any tnsurance CITY: and (J) that Cray be Carried 1)y they cannot be cancelled or materially thirty (]O) days notice by the Changed except a fter insurer to CITY by certified mall. COXSULTAIIT Mall furnish CITY with copies of all such pclfcfos Promptly Thy. or eertlffcr:a evidencing the roan receipt of Insurance. CONSULTANT aay affect fcr its orn account Insurance not required under this Agreement. g. Indemfffcatfan• save harmless CITY COUSMTANT shall defend. Indexlify one its elected and appointed officials, officers, agents and PrPropertyoperty. , from all liability from loss, dawa9e or injury to persons or from the Poya"t by CONSULTA.YT Of any and all legal costs and attorneys' fees, in any manner arising uut of any negligent or fntcngonai or willful acts Cr missions of the CONSULTANT in Agreement, the perferoPerformance oT thi including, but not IfAfted to, alt consequential d s a Oaxlmmmm extent pa. "ted ty law. mages . to the 10. Assimroeot c No assignment of this Agreec+ent or of an Part or abltgatlan of Pcrformancs hereunder shall be made Y in part, oy CONSULTANT without tly . either in whole or Prior written consent of CITY. 11, Indaoendent Contractor- CWNSULTAItT and its -��'• Th e Parties hereto employers, officers and Agree that under Agents are lndapendent Contractors this Agreement and shall not be construed for any purpa.a to be _8., .s employees of CITY. 12. Govornino law: This Agreement shall to governed ay and construed in accordance with the laws of the State of California. U. Attgrner's Fees: In the event any legal proceeding Is Instituted to enforce any tam or provision of the Agreement, the prevailing party in said legal proceeding shall he entitled to recover attormUs' ryes and costs from the opposing party in an mount determined by the Court to be reasonable. 14. Entire Agreements This Agreement supersedes any and all Other agreements, either oral cr in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledgss that no representation by any party which is not embodied herein nor try other agreement, statement, or proalsv net contained to this Agree&- t shalt be valid and binding. Any modtfication of this Agreement shall bi, erfettive only If it is to writing signed by all parties. IM VITMESS NMEREOf, the parties hereto have executed this Agreement as of the day and year first set forth above: ;J--- T CITY' of RANCHO CVCANO1Q n e s, oavr ATTEST: very • utne et, ty Uar .9. Date: . .- I. pt Date: Approved as to form: tY ttorney r MINT A SCOPE OF MK t (1) Comprction testing of offsite utt "'y trench backfill and Witte street tapnvemants. Services will consist of performing in place density tests ("W'Actfon tests), water Corte" tests, and maximum density - optierom aetsture tests at locations and a frequency selected by a representatfw of eontracicrflsanotoIncludedgin Obser"t1cm Of pefof Imrcw�ork. Anwrittedsre�'tby the cam�platfongOfhthe results oThelrcportswillf ootbeVa certificatte. or warranty, of the compaction of pie materials tasted. (2) Materfmis testing of asphaltic pavement. Servfcaa will include Rvsam st'abilometer, sieve anulysfs and extraction tests of asphaltic pavement. Tasts will be performed oa materials h ent sarpted at ra locations ndo totlons and at y equfes basedon the Ctty of Rancho Cucamonga's requirements. M. a 1. •�AY K ^S V EXHIBIT B Schedule of Work Schedule of work will follow the coune project construction. �a 'r • yr +'n:y a tt WHIT C Compensnttoo for Northtown "hose 1V 1. CONPACTIOR TESTING A. SAMPLING 1. SOILS TECHNICIAN 2. 16 MR 41.00 656.00 STAFF ENGINEER FIELS 7. PRE JOB ;4EETING 2 NR 60.110 120.00 4 NR 70.110 280.00 SUBTOTAL SIOS6.00 8- LABORATORY TESTING I. N11(1NUN OENISTY ;! EA 60.00 120.00 SUBTOTAL $120.00 �. ENGINEERING REVIEW ANO REPORT PNXPARATION 1. PRINCtPAL ENGINEER I 141 70.00 70.00 2. STAFF ENGINEER OFFICE I MR 60.90 60.00 7. SECRETARIAL I HR 24.00 24.00 SUBTOTAL $154.00 TOTAL $1]]0.00 II. LABORATORY TESTS - ASPHALT A. SAMPLING I, TECHICIAN 2 MR 41.00 82.00 SUBTOTAL $82.00 B. LABORATORY TESTING 1. ASPHALT STAB ILORET J1YEITI 2 EA 125.00 250.00 2. EATRACTtON- PERCEMT ASPHALT A GRADATION 7. STAFF ENGINEER LAB;wAT(Ql; 2 EA 1 HR 100.00 200.00 60.00 60.00 SUBTOTAL 5510.00 C. EIIGINEERING REVIEW ANO REPEAT PREPARATION 1. PRINCIPAL ENGINEER 1 iNt 70.00 70.00 " 2. STAFF ENGINEER rkilCE 1 NR 60.00 60.00 -. ]. SECRETARIAL. 1 MR 24.00 24.00 p: ,Y �A 1 SUBTOTAL $154.00'' TOfAL $746.00 GRARR TOTAL $207i:00 .1 R Gr Yyy ..Ir:'z •. R'11 ff.�,... EXHIBIT C Compensation for Turner Avenue Improvexnt Pro1eCt I. CO.YPACTION TESTING 'r A. SAMING 1 4 1. SOILS TECHNICIAN 12 HR HR 41.00 60.00 492.00 60.00 2. STAFF ENGINEER FIELS 1 4 HR 70.00 280.00 3. PRE JOB MEETING SUBTOTAL $02.00 S. LABORATORY TESTING 1. P6IXINUN DENISTY 2 EA 60.00 120.00 SUBTOTAL $120.00 C. ENGINEERING REVIEW AHD REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 HR 70.00 60.00 70.00 60.00 2. STAFF ENGINEER OFFICE 1 HR HR 24.00 24.00 3. SECRETARIAL 1 SUOTOTAL $154.00 TOTAL $1106.00 it. LABORATORY TESTS - ASrtALT A. SAMPLING I. TECHICIAN 2 HR 41.00 82.00 SUBTOTAL $82.00 B. LABORATORY TESTING 1. ASPHALT STABILONETRIPdEFY: 2 EA 125.00 250.00 2. EXTRACTIOn- PEP.CENT ASPHALT 6 GRADATIOU 2 EA 100.00 200.00 3. STAFF ENGINEER LABORATORY 1 HR 60.00 60.00 SUBTOTAL $510.00 C. ENGINEERING REVIEW AI10 REPORT PREPARATION 1. PRINCIPAL ENGINEER 1 HR HR 70.00 60.00 70.00 60.00 2. STAFF ENGiGfER OFFICE I 1 HR 24.00 24.00 3. SECRETARIAL SUBTOTAL $154.00 a TOTAL $746K.00 5 GRAND TOTAL fI2.00; xs r February 13, 1916 CITY OF IANCDO CUCANWCA CUR COUNCIL NINOIVA I -- S A apsclet seet.1% of the City Council of the City of teach@ Cuearags art as Thursday, February 17, 1996- is the City 14oader's Coefaleace tome, 9320 tale Liu as", $into C, Rambo Atalsegas. The seating was called to eclat at $too a.a. by Narsr Jun D. Nigel@. Protest wr@ cewailsvekores Charles J. Rugvot 1I, Jeffrey Plug, and Mayor J•0 D. NUalo. Also present wares City Manor, Laurie N. Wotgscaaai Asaiatast City Maggot. Robert glass. Abs"tt Cauatilnabers Pawls J. Wright and Richard N. D41. 2. C2arr ■esrrre 2A. AD'+erras o. a tnecDTres .e.gN►flQ a a0ansen.Tler aaarrtev _u�a Property located at 12713 9amatt Avacao. RIBCLUTICN 10. 06.33 A RM,.CLOTION or TRl CM1 COWICIL p T$ CITY p RUCD0 COCARMA, CAL"MIA, APPROVING A SUCI INATION AGR[INllT INCH NILLIAN AID DNA USERS AND AOTiO ZM; in NATOI YD CITF CLI= TO-510 IAMB. HO:Ipt HaTed by Rlag, ascended y 9oquat to approve, legalities No. K -M. Notion carried 7-2 (fright and Doti *boost). •e•eoe y anraumm NOTtpt Hoved by puquat. ascocdad by Rlag to aA!wre. Astlea carrted 3 -2 (Wright and Dahl ablest). '4e seating ndjnroal at $303 a.a. Respectfully submitted. lubtat A. tlaao Actiog City Clem Approvedt • +7 1 CRY OF LkNaD CL)CA 1OMA AUNDA ten Lives tart CsaesaLty Canter 9161 lase Line tad Rancho Qlaansga, California Aartl 2. 141r - 70e .jy All items @%bitted for the City :assail Aps4e met N is exit eg. De deadline, for submitting tleee items is 71k% p.m. as W 7960esday trier to Ne meeting. "Am City Clark's Miss receiver ell seek items. A. P1eCls of Atlelisare to P1aN. N. tell Call$ Mads x . lc4uat I , tlei I , Dahl i , asi Yri/ht . C. Approval of Minuet Pahruary 13. 1966 24- -X A A. Thursday. April 3, 196 - 7100 p.s. - , TONIC PlauTATIM CONIIlNION - Linen lark Cnrtnity Cnter, 9161 lase Lies Neat. S. 1Nnesday, AprLL 9: 1916 - 7100 p.m. - PLANNING CONtIIaION - Liens Park Cornmaity Costar, 9161 lees tdue Red. C. Thrrsdsys April 17. 1966 - 7130 p.m. - PAlt 1f9QAP,YIIi CONNI/ /ION - tics. Park Community Canttr, 9161 late Liu 1444. 7:35 p.m. kuproved 4 -0-1 M City CwccLl Nesting -2- iprA 2. 194 D. Thursday. April 24, 1946 - 7830 p.m. - AMISngT C@0.ISS10R - LLonn park Conomaity Cuter, 91 &I Sons Liu load. S. presentation of the 1936 spring Clods Swoop poster Contest Winner* aM unwacesest of epcoadag class eweay taWila rraato on Sat2tday. April 12. ISM. H-e fsllwiq Camnem► fAa-SI r Ltsne are egsat d is be rnetime and acne :wrrevcreial. They will be sated w7«' by &be Cewssil at ,N Was Wishner discussion. A. Approval of Warrants, Register pole. 4-2 -06 sad payroll ending 3 -20-16 tar rive total arooat of 01,570,220.64. R. Alcoholic Severade Aplicat'.00 So. AS 06 -04 for 0s -Sale Door 4 Wise Rating place Liccnas, Srusowitk Corporation, Located as Seven, 1056 test north of Toothill Sou!erord sod 1504 feet awtb of Cbnrab Street. C. Receive Clair (CL.S -b &) &&most the City by Al),cace lsecr=e lot actombllo 49ea90 as Archibald /lerse. D. Approval of Scut flap. taprovesat Agreenst. yayraramat Security ear Condensation Agrasnaot (Co 06 -21) for Tract No. 13131 (D.R. 85 -17) located at the norgesat corner of &true Rote and v /nayarS Avssgs aabritted by Robertson Rose, it dlvioLon of CstwLl Corporation. 1CdMMON 10. 46 -77 A SUMMON 07 TNR CITY CCCtCII oy T>Y CITT V/ RANCID COCAWDICA. CALIFORNIA. A"Woo CMINNATION ACRIMENT An FINAL NAP OF TRACT $0. 13121 S. Approval of tsOLesaiceal Services +tressat (CO 36 -22) wltb Norris- lapke. Ioo for the atroot evaluation stwdp sad final couttvatia, doeoacots for the rehsbilltstied for various local City - tgsstst lamas Avenue fron )4spsklw Set. to Faothill Ilvd.1 Seacoa Avense from Devon St. IMobire 4t.i lergaody Avwss from baron St. to SeapabLve St.1 Wlvera Avenue fear owns St. to WaspabLce St.1 DerOD Street free Arabibald Ave, to Ramgs Ave. Contract smear Ls 629.350 pigs 101 coetlngsacivt to be landed from Spoken Lesdopsst. Approved 4 -04 _i City Conseil Knitted -3- April 2. 1966 F. Approval at Professional Parries@ Agreseeat (CO 86 -23) with Richard Hill@ AmseclJtes for the preparation of suite c"Wscliom ad materials testing for the Urger Apes@ Igrawerat PreJaat 884 the forth Ton These I1 Improvement Project for an ar.,at of $4,143.00 to be funded from 66D and Gas Tan Faeis. 0. Approval of Profutdoaal Services Agraanest (CO 86 -24) uitb Seats, Stage a $tote, Ise. foe the perforaasee of p.otualonel asrvicts with respect to enstreetion rnsgsm"t, tupeotlos and stahisg for North Ton - PSase IT and Turner Avenue Ispeovanent Projects for the asst of $32,000.00 to be Is" from MOOD W Gas Tan tells. S. Approval to award Rnaidential Strut Rehabilitation 198" these I Project Contract (CO $6 -23) to I.F.S. 6arvicem Incorporated, the tawe&t, responsible bidder for ,!e amount of $36,718.20. I. Approval to award North aids of Foothill Boulevard (China Allay) Contract (CO 0646) to DeArewd Construction, lowest• responsible bidder, for ibe sent of 113,647.90. J. Approval of an Agra@uct (CO 06 -27) between rbe Cities Of Rancho Cncaacnga, Dpind red Ontario tot wpsisiog of a preposed store drels system on Grove Avowu. Restbo tucamoga'e entribatian to this project will be $29.418.00. R. Role&@* of Sods all Notice of Completive f eel..aJ Dawatanr.! - 'R._-x Yff 1 eV m..•R.. .wa�1 YleJ� _ Taithfwl Twrtertmsce Rod (Rama) 168,000.00 6R$OLMO1 10. S6-78 S A 823O1=0 OF INS CITY CODICIL 4 Ts CITT OF IAMCBO COCAMICA, CALITOCItA, ACC nnc IRS T061,2C IID!RMDMTS FOR TRACT 9472 AND AOINORI$IIG INS 111,210 OT A SCTICZ of COOMITIJI T01; In Ion l.bYYt1.. r11 e! s... t .R aRSl 1 .� net . Sasaxacutdca god 1 11700.00 • ,..,��t }FTi6_s�'YrtY•RyC"a.._., .� ;i�.w- J,s. --._ c.sv., -. _.. y City Council Mostiag -4- April 20 1906 44 n L. Approval of frofectioul Services Agrnenegt (CO U -2q with DATE System to prepare fatilit7 aside st"y aed evaluation of City Corporation Tad. Costracc sball got exceed $9,718.00 to be funded from Systems Development. M. Approval of Trotesnfoasl Services Agreement (CO 06 -29) with L. D. Zlmg, [or tYa design of taker -Arrow Storm Dral• in tahar Avanu stwoto foothill ltv& and Arrow Eauto and in Arrow Santa berse s Dakar. Avaevm mad Cutamguga Croak Manuel and for street Nideal+g aed Reconstruction of taker Avonee ►acres Foothill Slvd. and Rth Strut and Arrw Neste betwew Oskar Arguer lei the Cvtamapa Creek Channel. Centrnct sweet of $75,50.00 plan 10% aeet(ogeneiee to sew from System Development toads. N. Approval of acceptance of Utica Stove, Drain AD 52 -1 from Fourth Street to Sixth Street as complete mad authorising the filing of a $@cite of Complotlgu. Rslenset Faithful forterrnc• Ned $117,859.00 Ratestion 8 12,515.57 RESOLUTION E0. U -79 A NESOLMON Or Is C171 COOSCIL OF TEE OITf Or ZMCNO COCAMOEDA, CALIFOdIA, ACCEKIRO IRE PUBLIC 111"pOIITS FOR UTICA ATROE SION DRAIN AD 82 -1 AND AUZNOCIZIN TO FIL17C OW A NOTICE of COMPLETION MR TIM NOR 0. Approval of accepts"* of Alts Lev Storm ftda (AD 94-2) Improvements as complete and aet►odslng the fillas of a Notice of Ce "letia for the work. Solouu Fdthfal performance land 81,92811!0.00 Retatiom $ 98,002.11 RESOLUTION 90. 86 -80 A SUMMON Or IES CiTr CMCIL Or To cITT Or RASCDO CUCANWA, CALI►OREIA, ACCBfIu TQ PUBLIC IMRCTIMTE FOR ALTA LORA SIM DRAIN (AD W2) AND LnNMZUG TQ 9ILIR0 Or A NOTIM 09 CONPLInes FOR Sit NOR Y CLty Council Meeting -3- April 2, 1506 !. Apprewal of Lin A6taearet (CO IF,-30) between Lester A. Darin and Rebates A. Davies and the City of Rancho Cvcaw*ga for street lrnrege ieprovanasts at 6231 Archibald known. RUDLCT7,0/ N0. ad-&I A aGCLGTION or 1Ti CITY COUNCIL OP In CITY OF RASCOO =00110A, CALIPONIU, ACCRPTDO A LIEN ArADUIST MON LOTS& A. YD ROW" A. DAVID W UTBORIEING TS& MAYOR AND CITY CLIR TO SICK SAKI p. Appro7al of Liu Astronaut (CO 66 -31) between Say A. Joaaa asd Nasty L. Jena add the City of Rancho Cocarsga for street frontage igrovernte at 9760 Laws Avenue. R6O1,117I011 00. 66 -112 A 111SOLUTION OF Tag CLTI COONCIL O7 TU CITt OF RANCDO COCANKA, CALMNIA, ACCLRDO A LIU AOESI T FROM RAT A. JONaY AND DA1CT L. JOIN AND AOYBNRIEDO Tu MAYOR AND CITY CLM TO SIGN OAMS R. Approval of Lin A6ramut (CO 66 -32) batron Risky P. Miller and Jasnoa i1. Millet and the City of gazebo Cncarnga for strut floatage igrovernts at 9700 Lars deems. REOOLUTION .1. 16-11 A RIOOLUTION 07 IN CtTf COUNCIL OF IN CITY of MUCRO COCA"", CAZI"=U, ACUPTDO A LIN ACUSKUT Pam EKES V. MILLU AND JBAaNA M. MILLS& AND ADTIORLEING TIN NATO% AND CITY CLS&R To 91" RANI a. Approval of Parcel NAP !1172 located as the southeast corner of an Bernardino and and Grove Avesun subeittd by Robert Urebbaao. RESOLUTION 10. 66 -86 A REOOLUTION 07 TIM CET1 OOORCIL OF TS& CITY O1 RASCIO CUUMONOA, CALIRI7U, APROyno PARCEL MAP amen am T. Approval of Parcel Map 1763 %ceased north of 6tb Strut, rut of Old Rochester S%Atdtted by Rochester Freeway North, United. City Council Noctimg .g- RIIOUTICII 10. 06-63 A RUMMON Of Tog CITr COORCIL or Txs CITT Of IMCM COCANO/W, CALIFORNU, Appsollso PASCIL NAP IMIR 6763 U. Approval of Improvrm mit Recession ARrenrets and Improvemsat security for Tract Nat. 9441 and MOD located on Musa Anne. vast a2 Norman Avenue ambmitted by Ccismer Development Corp. RUMMON 10. 66 -56 A ASSOLMOS of Ti CITT CMCIL Or TRS CITT OF IMCK COCAUMA, CALIFORNIA. A171MIC INPlOfam1T xITN SION ACRIXIU= AND INriOTOMT 6NCORITISS FOS rRACI Rol. 9441 "a 11600 T. ApprovAl of U provemmet satssaies Alreaasate mad Improvastat ttcuricy for Tract tot. 11761 ati 11623 located oa uortb% 'Oat Cann of IM 6t. amd Strauss Ave. Onownto 10. 66 -67 A lnownce or Tax CITY C0OSCU. at TRN ClTT 07 SAOCIO COCAMICA. CALIPMIA. AP?UMC IMMINENT xxmszco /OU61RNT AND VWROVIWMT SOMRITIRN FOR IRAGS Nos. 11781 AND 11623 W. Approval of Improvoumat Agreement and Iawrovemeat Security for D. R. 63-32 located Is Tract 12176• Lot 0. as tbo sortbesst corner of Civic Center Drive and Otica Avon". NnOLUT70R 10. 06 -00 A 198CLUX 00 OF Tai CITT COOICII. OF III CUP Of WCM t9CLNOROA. CALIFORNIA AMOTING INPIOFxImT ACRISNaT AND INTIM 191T SWMTT FOR D. 1. 03-32 R. Approval of Final Nap. 1,proveauat Agreeant gas Improvement Security for parcel map 9301 located an the east aide of Mann Avenue. @curb of Atrcu saute. %t City Council Nestias -7- April 2, 1996 MOUTI0w E0. 86-09 A 1fEWM= or TU Cirt COOECII, or TEE CIT7 Of WCW COCAN0w0A. CA:Ir MU. APPROr170 ?AIM W 9301. INPICTENUT AOIODCOT AND IMPICTOIYT I5=TT Y. Approval of ravironaatal Assousouat aed Qaaoral plus Aradrat 86-011 - Rewkieb A c"Nest to eased the Land Use Nap at the Ceooral plus tree Low Density Reaideatlal (2-4 Lajas) to Low Medium Density WsUestial (4-I dwlse) ter 13.35 acres of land located ee eb.t aoutb oida of 94162 Nwla►arA, ctat of Archibald as 209-035 -02. OS. 14. (C62tim"S from Narcb 20, 1986 meatus.) RII09DplON 90. 86-69 A RIROLIT20N Or TIE CITE ConclL or TQ CITE 01 WCIO COCANOWCA, CAL170EYIA, ARIO ERR CORRAL PLAN ANSIBIORT 86.01A - &0=9 - RIQORQTIEO AO ANw9MRIT To T6 LANE ORE nVmT 07 TEE Gas" M" nm LOW bosm R2IIDQTIAL (2-1 DI /AC) To Low MM Dt$2Tr ISSIDERT2A6 (4-6 M /AC) POI 19.55 AMU O1 LAND LOCATta 00 nra a00LVAR0 TART OF AEC3UALD -APE 20!-059-02, 07 A 14 Z. Approval to award contract (CO 86 -03) for pvulim"M demolition services at Carmea park, in tkn asasat et $9,300.00 to $boater a Butts, Ina. readiaw provided tbrovCk the Park Developmeat luad. A&- rot public berries - April 16, 1986 - rimal Commait7 Developmsat Block Great 6tatemmat of CoammeitT Objectiveo. City commit Notti•S -h L,...AMMcM-vW=g A. H- DaD17A8Ci assUM •rot UAU m .- - -• CmI 9ttT.fwrra Sm Tat vat �r a,,. or SIZE AM imx f1tMAI - Cons Statics d aaoadnoeta to tb city'a fireworks Ordiance as directed by the City Coascil 404 propasd by the laaebo CaaaausSe firararke Task forme. OIDIMC1 10. 78-1 (socaai rosdisS) AN 090-MAYCa 00 TO CItT CWSCIL of T88 CITT O► O/J+000 'RC.IN0SCA, CALIFOAIA, AN"Ol]O SZMO8S 8.12.020, 8.12.079, 8.12.c7.1.c., 0.12.11* At To A1D� SSMICe1 8.12.200 MD RMC8O LVCAMWA MUNICIPAL C DE I RZATLWO Tie "MORn SYMPSIS CDme baCk next o- ,etfng Read and file COme back Nay 7 Came Wk Ap ;11 16 APProvet 4.0-1 —.9 .rererfn >'r =WaoL N-_reratl s •*"'� sn err art n.s. —`re "' Item tabltd c Otoeotaa arwnde7at world fortker 1eli•e the ota•dardi• Cor priwata epee• •pea e•d preside • broader avatlskility of "Ttvait; for a�aa apace. (Coatiovad from vacesbar la, low aratiss.) OMINAL.1 ■0. 107D (first re•div) AA OIDI1AtC1 Op TQ CITI CODBCIL Or Tat CITI. Or TS1 CITT Of MCSO CJCAMO80A, CALIf0I4IA, AMIIID.LM S08SSCTI08 1 Of SKMOP 11.32.070 Of TO RMCRO COCA=WA 031CIPAL CWL 16LaT.0 TO PAK ASD RtOakncM LARD D®ICATIOM aD70ICEMTS C!t? Cvaocil Kastlo8 -9- 4rl1 2. 19K toms 60►KrYm L A. Un= cog all is rataactad by aaamraas prepae27 ansro- to laltlatu ssl tore a2 41eaeSrat dlstriet for th e09etractio2 of storm drates IS the area east of seven Aves" from the taat►ars ?Seigle 4iirsad to 842742 dvrree. Laeds l2clodad is the prepaood District are arrrwtilr am/avalapM but n ►fast to eSrio dnalopmut ►rors"Is. u CNCLrTlan t0. 88 -90 A 2NOLOTIOK Or Tet CITY CO?ICM op TR CITY OF tAMC80 CVCAMMA. CALI70MU MAZIN 033IMTICBS AND A??OItTMTS TO Inn" RUPOIBIlILITIb YD ?a]?o2K Dumas Mt InCLL A8888M867 UOCNMISCS (A880MUT 018T81CY t0. 89 -1) D180LOT1o0 a0. ee -91 A I"OUTION or Tip CITY CMCIL Or Tax CITY 01 tAOCIO CVCAKONOA. CALT?mIA. 8OONL0 Tea Oall" DATDti. LOCATION AND axama 0? cnu= ?OBLIC WOW AND M?tr?811ONTt MD SKW1W T1R ?Roma DOON&M t Or Tag mu To 84 AU88aU TM tW t (A8aa88KSoT DISMUCT t0. 04 -1) RU=lI08 RD, 06-92 A SUMMON O• Tea CITY Co0NCIL Or Tat CITT Of DYCAO COCAMOMA. CWTONSU MAKItC ,,"INS AND DrMmun ATloms M7; pamog ta 2104 OF T 8T1 nj AND XWWATB Co0s (A8aa8L1Ur D1971ICT t0. 88 -1) Approved 4 -0-1 Approved 4 -0 -1 Approved 4 -0-1 Y.'Y� Sol A. ra City Gesell Meetly -l0- R/OLOTIOY 30. 06-93 aDnDa Olrr CMCIL oP Tt CIOP "aD A. CALIPOaaIA C � ORLANDO nrAtt IEMTS !r carat cncn4 ul4MTiANCayr TCC DLraI1S POOOAaS A PROP09� ttilMaar 'MOtICITAL TO Tag pl"I /IONS or Taa JIM Olt AIM RT 3 a 01 iYOTWA L, IOCAL To as Aa /.q/aa ITi D//CJtn W Taa DI/T OCAL TD PAT Taa C07Ia ING BONDS id9t4tamp DIST1ICT a0. mmuRm P=n�mmi 10 tla/ esa Neer ho Tao 'Dahl. SZ - Moyer Prljkt' r. - Gerrtlraaora agoet Sad . 19" Approved 4.0.1 Approved 4.0.1 Staff to cork out amiable time 9:20 P.D. r� 1�. CITY OF RANCHO CUCAMONGA t STAFF REFORTa i y Sk y C iC Date, April 1, 1486 IfJ7 Tor C1176COL11101 l and City Manager from, J\Av. , Administrative services Director fubjecu C Gneral Llability Coverage Staff Aar been diligently puraoing .vanes to obtaln general liability Insurance coverage for the City. One avenue pursued was pooling. It was discovered pools already In existence were not accepting new members, therefore, our only option appeared to he joining a new pool. Unfortunately, not many now pools are being daveleped. staff have however, idevicL.1 d one pool that lookst vla- ble for the City to join. Thv California Municipal Insurance Authority (CMIA) Is a State wide pool that is being fenced by Marsh S McLennan (• reputable tnauranee brokerap Cirnl to Insure cities for general liability erPosursa through the pooling concept. on the face Of It, the CHIA pcogru looks wry attractive and would be worth the City pursuing. I an recommending that a committee comprleed of Mayor KUq and Councllmtsber sugwt, due to Chair lnvolvewnt in the liability field on a dally basis, the City Manager. City Attorney and f, be devalopd to review the Marsh a McLennan program and make w dsetsion regarding the Clty'e prrticipation. I would ask 00 Co+uaeil to delegate authority to Mayor King and Counellmeeber Suquat to make An Initial daolsion with the understanding Council's full rrtl- Citation will be done at a later date. The reason for the co"St to allow the authority to make sh Initial deolaion is by April 15. 1988, the Initial premium rust be paid and by lay 1, 19", the City must deelde If it wants to participate to the pool. If w pay the premium and do not participate the Premium would be refundtd to us. ACOOKRL'DATIgI, Council autncrlze the eaalttee appointtrnts as outlined and authorize the Council rep erantstives to make a decision pending Cull Council ratification. JH /tl Amrim CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1966 -- M: City Council and City Manager FROM: Lloyd B. Rubbs, City Engineer BT: Michael D. Long, Sonior Public Works Inspector SUBJECT: Approval of Professional Service Agrotment with Richard Hiils Associates for the preparation of soils compaction and materials testing for the Turner Avenue Improvement Protect and the forth Town Phase Ig taprovewt Project In conjunction with the subject Projects, a consultant is required to t.st soils and materials for contract compliance. Richard Mills Associrtes of Rancho Cucamonga has submitted a proposal of S3,9SO.00 for testing of the combined projects. Attached for your consideration as ttr_ proposals for subject consultant services. RECOIE"I'lo l It is recomakti aded that City Council accept the proposals for Richard Mills 4s30ciates for testing on the subject projects and authorize the Finance Mractor to expend $4,345.00 (combined proposal plus 101E contingencies) for said testing, to be funded from HM and Gas Tax Funds. Respectfully submit , LBH: .sr Attachmerts r PROFESSIONAL SERVICES AMEENENT This Agreeawntt Is made and entered into this day of 19_, between the City of Rancho Cucamanwtga, a Municipal Corporation (hereinafter referred to as *CITY-) and Atelurd Hills Aasoelates (hereinafter referred to as • _. 'nTjLm1,. A. Rentals. (1) MY has heretofore Wm-d it: Request for h -piwat Airtain!ng to the pr ormnto of profasoionai services with •Osoect to the preparation Of -ni is r_=Bertgn end .+tarsals te.tine Inv eh 1'Ln•rr ava. if. Omteet fwd the "c hte 0h412 —IV Iromw-re' Pmt t (- project° hereafter). (it) CG'SStRTANT has now subottied its proposal for the parfort+ance of such services. (111) CITY ::sires to retain CONSULTANT to perforce professional services necessary to render advice and assistance to CITY. CITYts planning Cemission, City Council and staff in the preparation of project, (iV) CONSULTANT represents that it is qualified to perforce such 1 WOOS and is willing to perfors such prnfessional services as hereinafter defined. NOW, THEREFORE, It is agreed by and between CITY and CVSULTR.YT as follows: B. 14reaoent. 1. Definitions: The following definitions shall Willy to the following terces, except where the context of this Agreeceent otherwise requires: -I- 4 . (a) Project: CcWattion testing of off -site v'411ty trench backfill and off -site improvements, and materials testing of asohaltic pavement described in Exhibit W Scope of Services hereto includine, but not limitad to, the preparation of maps, surveys, reports, and dou maents, the presentation, both oral and to writing, of such plans, apps, surveys, reports d and documents to CITY as required and attendance at my and all work stsstoes, public hearings and other eemtings canducYld by CITY with resFtct to the project as outlined In the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The data •f completion of all phases of the project, including any and all procedures, development plans, j naps, purveys, plan documents, technical reports, meetings, oral presentations and attendance by CONS'JITANr At public hearings regarding the project acceptance for construction is set ftrtl in Exhibit *li• Projett Schedule attached hereto. 2. COttStXTAUr ""is as follows: (a) CONMTANT shall forthwith undertake and complain tho project to accordance with Exhibit rA and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, alt to tip reasonable s:ttsfaction of CITY. (b) MISULTAMT shall supply copies of all maps, surveys, reports, plans and docuasnts (hereinafter collectively referred to as •documents') including all supplemental technical documents, as described in Exhibit •A' to CITY within the time specified in Project Stlwduled, Exhibit -2- aba. Copies of the dC`cMnI' shall he in such ma)ers as are required by Exhibit •A•. CITY may thereafter review and forwte-I to CONSULTANT coaeants regarding said documents and CONSULTANT shall thereafter cute such revisions to said documents as are dewed necessary. CiTY shall receive revised documents in such form and in the quantities detamineo necessary by CITT. The time limits set forth pursuant to this Section 82.(b) may be extended upon A written approval of CITY. (c) CONSULTANT .nail, at COMSULTANT,s sole cost and expense, secure and hire such other persons as may, in the opinion , t CONS IANT, be ne -essary to comply with the tams of this Agreement. in ho event any such other persons aro retained by CONSULTANT, CONSULTANT here?_ warrants that :urn persons shall be fully qualified to perform services required hereunder. COMSULTAMT further agrees that no subcontractor shall be retained by CONSULTANT except upon the Prior written approval of CITY. D. CM agrees as follows: (a) To Pay CURILTANT a mastm m sue of _S67A5��_ for the pertarmznce of the services required hereunder. This sum shall cover the Cost of nil staff time and all other direct and indirect Costs or fees, tncleomg the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be mada to aCcordAa with the schedule set forth it Exhibit W. (b) Psycmncs to COM IANT shall be made by CITY in accordance with the Invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall to Paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit ICa either with r' respect to hourly rates or lump sue amounts for individual tasks. In no .3.. i r r .d� I went•, however. will said In ONIS exceed 95= of Individual task totals described in Exhibits -A•. (c) COYSULTA.YT agrees that, in no event, shall CITY be required to pay to C09SJtTA,1T any sue in excess of 95% of the maziaum payable hereunder prlor to receipt by CITT of All final doc=ents, tegother with all supplemental technical documents, as described herein acceptable to form and content to CITY. Final payment shall be =40 not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit -A• hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit Co. Charges far additional services shall be invoiced an a monthly basis and shall be paid by CITY within a reasonable time after said inv0ltea art received by CITY. 4. CM agrees to orovlde to CONSULTANT: (a) Information and assirtvrae as set forth in Exhibit -A- beretc. (b) Photographieslly reproducible copies of maps and other tnfcrmaticn. It available, which CONSULTANT considers necessary in order to caeplete the project. (e) Such information as Is generally available from CITY fills applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, It shall be CONSULTAHT's responsibility to make ail initial contact with rspeet to the gathering of such information. -4- :y ,Y s A w itiy� S. Ownersnio of Oocu tc: all documents, data, studies, surveys, drawings, naps, model!, photographs and reports prepared by CONSULTANT pursuant to this Agree!wrt shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such docuamts and other identified s1teriats shall be delivered to CITY by CONSLt.TANT. CONSULTANT may, however, make and retain such eaeics of said documents and aaterialz as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITT, its staff or authorized agents without the specific writtan consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY cgrees to hold harmless and indemnify the CONSULTANT against all damages, clatas and losses including defense costs arising out of any such alteration or revision, or use or reuse At a-Other site by the CITY , its Stott or authorized agents. 6. Termination; This agreuaent may be terminated by CITY upon the giving of a written "Notice of Termination• to CONSULTANT at lc tt fifteen (15) days prior to the date of termination - Rcified in said ,Notice. In the event this Agreement Is SO tersiratad, CONSULTANT shalt be compensated at CONSULTA+ir's applicable hourly rates as set forth in Exhibit ^6e, on a pro- rate basis witn ra:"ct to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in pa Agraph 3 (a), above. CONSULTANT shall grovids to CITY any and all documents, data, studies, surveys, drawings, moos, models, photographs AM reports, whether in draft or final form, prepared by • a- -5. COnSULTW as Vf date of termination. CMSULT44T may not teminate this Agrevsent except for cause. 7. Rotiees and Desl natM ReOresentattves: Any and all notices, dmsrtds, invoices and written ci municatfons between the parties lerato shall be addressed as set forth to this paragraph 7. The below nomad individuals, furthermore, shall be those persons primarily responsiule for the :-*erformance by the parties under this Agnwxment: E. Duane Lyon, P.E., Gres Chandra.`P.E_ — Any such notices, duandSo 1mrolc®f and written conaunfcatfons b e w be deemed to have been received b ' Y af•• shad y the rddressee forty -eight (48) hours after deposit thertbt to the United States mail. Postage prepaid and properly addressed as set forth above. 8. Insurance: C011SULTANt shall neither ceaaance work under this Agremvnt until It has obtained all lnsurmce requfred hereunder in a toeptny or a npan'ss acceptable to rITy nor shall CUSULTAUT &1104 any subcontractor to eowaenco work on a subcontract until all Insurance required of this subcontractor has bem obtained. CDhSULTANT shall take out and of Insurance: nc all times during the term of this Agreement the following pol!cfes of tnsur•mce: (a) Worker's Coemensaton tnsurmees work, CO;I3ULTAUi &hall furnish to CITY a Certificate of insurance bas !proof that it has taken out full workers' compensator Insurance for all persons whom it may employ directly or through subcontractors In carrying out me work Specified herein, in accordance with the laws )S. of the State of California. 1"L. .6. in dtxordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to hil oxploy +s. MISULTAnT prior to =1enetng work, shall sign and file with CITY a certifi.ation as follows: •t am aware of the provisions of Section 3700 of the Labor Coda which require every employer to be insured against liability for workers - cocpensation or to undertake self insurance to accordance with the provisions Of that Coda, and t will Imply with such provisions before eomeeneing Live perfar4tnce of the Mirk of this Agretmmit•. (b) public Liability and Prooerty Dazaoe: Throughout the term of thlo Agreement, at CO.MLTAMT's sole cost and expense. COMTAtT shat) keep, or eaus0 to be kept, in full force and effect, for the mutual benefit of CITY and COMSMTAMT, cOmprehPnsive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from COnSULTAMT13 activities, Providing protection of at least One Killion Dollars (51,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Killion 00111rs (S1,OOD,000.00) for property damage. (c) Errors any d po_ lssienst COMSOLTAMT shall take out and maintain at 411 times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions (•malpractice•) providing Protection of at least S 1.000.000.00 for errors and omisslor.s (•malpractice•) with respect to loss arising fr0e actions of COnSULTA4T performing engineering services hereunder on behalf Of CITT. (d) General Tnsuranee Reeulrements: All insurance s s. required by express provision of this Agreement shall be carried only in All r' r resoonsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional Insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain. language, to the extent obtainable, to the effect viat (1) the Insurer Valves the right of subrogation against CiTY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with Any Insurance that may be carried by CITY; m (J) they cannot be cancelled or materially changed except after thirty (70) days, notice by the Insurer to CITY by certified mail. CO;ISULTArt shall furnisn CITY with copies of all such policies promptly upon receipt of them, or certificata evidencing the insurance. CONSULTANT may effect for its Own account insurance not required under this fgreement. 9. Indemnification; CONSULTANT shall defend, indemnify and save harmless CITY, Its elected and appointed officials, officers, agerts and employees, from all liability frox loss, damage or injury to pan ons or pmparty, including the payment by CONSULTANT of any and all legal Costs and attorneys, fees, in any manner arising out of any negligent or intentional or willful acts or missions of the CONSULTANT In the performance of this Agreement, including, but not limited to, all consequential damages, to the *Axion extent permitted by law. 10. Assignment): No assignment of this Agrexmnt or of any Part or obligation of performance hereunder shall be made, either in W:oie or in part, by CONSULTANT •ithout the prior written consent of CITY. I1. independent Contractbe The parties hereto agree that CONSULTANT and Its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be _a. �f I employees of CITY. 12. Governing taw; This Agreement shalt be governed by and construed in accordance with the laws of the State of California. 17. Attorney -s Fees: In the event any legal proceeding is Instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys, fees and costs from the opposing party In an amount determined by the Court to be reasonable. 14. Entire Agreement; This Agreement supersedes Any and all other agreements, either oral or in writing, between the partlas with respect to the subject matter herein. Each party to this Agreement atknovledges that no representation by any party whirh it not emtadied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effectiva only If It Is in writing signed by all parties. IN MITIESS IN REC9, the parties hareto have executad MIS Agreel ent as of the day Cnd year first set forth above: N511LYANJ, _— CITY OF RANCHO CUCANDNGA n 0. MJkaTs—.-RAyor —'- ATTEST: —Wv—erTY—rM tna e . M ty ar Data: Date: Approved as to form,*' ty t orney E I i. EXHINT A SCOPE OF RORk street l tImprovements. testing Sery t utility ices willcensistO trench f fPerformingintplace density tests (Compaction tests), wattr contact tests, and amaimum density - optimum moisture tests at locations and a freapiency Selected by a representative of tho city of Rancho Cucamonga Observa.tior. of compaction meWds used by the contractor is not irclWed In the scolm of our work. A written report summarizing the results of all tuSts lmrformed wilt be pivpared upon ccaplatton of the work. The report will not be a certificate, or warranty, of the caapactlon of the materials tested. (2) Haterials testing of asphaltic pavement. Services will include Hveex stabilomater, sieve analysts and extrattion tests of aspphaltic pavement. Tests will be performed on materials sampled at -sndom locations and at frequencies basOdon the City of Rancho Cucamonga's requirements. s I EI IAT It Schedule of Vork Schedule of work will follow the course project constrTctioa. 1, J r EXHIBIT C CW;easatron for Northtown Phase IV I. CONPA.CTION TESTING A. SAAMIRG 1. SOILS TECHNICIAN 16 IJL 41.00 656.00 2. STAFF ENGINEER FIELS 2 HR 60.00 120.00 3. PRE JOB HEETING 4 tilt 70.G0 280.00 SUBTOTAL S10S6.00 S. LABORATORY TESTING :. HA%INUN OENISTY 2 EA 60.00 120.00 SUBTOTAL 1,120.00 C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRINCIPAL ENO'M'R I HR 70.09 70.00 2. STAFF ENGINEER )Ft ICE 1 NR 60.00 60.00 0. SECRETARIAL I NR 24.00 24.00 SUBTOTAL 1154.06 TOTAL $1330.00 11. LABORATORY TESTS - ASPHALT A. SAH.:ING 1. TECNICIAN 2 HR 41.00 82.00 SUBTOTAL $62.00 B. LABO'.dTQTY TESTING 1. ASPHALT STABILONETRHVr" 2 EA 125.00 250.00 2. Ex"Acr10N- PERCENT ASPHALT i GRADATICH 2 IA 100.00 200.00 3. STAFF ENGINEER LABORATORY 1 NR 60.00 60.00 SUBTOTAL SSIO.W C. ENGINEERING REYIEN ANO REPORT PREPARATION I. PRINCIPAL ENGINEER I HR 70.00 70.00 2. STAFF FNGINEER OFFICE 1 NR 60.00 6U.00 3. SECRETARIAL I NR 24.00 _r 24.1{0 aUBTOTAL Sit us4:0o i Al TOTAL , ;T4f.00 ° am TOTAL S2W6.00 t,, bja Jprep +�k EXHIBIT C ti Coopensetion for Turner Avenue Icproveaert Project [. COItPACTIaY TESTING ri A. SAMPLING 1. SOILS TECHNICIAN 12 VA 41.00 452.00 } 2. STAFF EBOINEER FIELS 1 HR 60.00 60.00 3. PRE JOP, MEETING 4 OR 70.00 280.00 SUBTOTAL $22^ 00 B. LABORATORY TEGTINS f 1. NAXIHUN DENISTY 2 EA 60.00 120.00 {' SUBTOTAH. $120.00 C. ENGINEERING REVIEW AND REPORT PREPARATION 1. PRIACIPAL ENGINEER 1 MR 70.00 70.00 2. STAFF ENGINEER OFFICE 1 OR 60.00 60.00 3. SECRETARIAL 1 HR 24.00 24.00 SUBTOTAL S1S4.00 TOTAL $1105.00 Il. V50RATORT TESTS - ASPHALT A. SAMPLING 1. TECHICIAN 2 OR 41.00 82.00 SUBTOTAL 582.00 B. LABORATORY TESTING 1. ASPHALT STIBILONZIRKEEN 2 EA 125.00 250.00 2. EXTRACTION- PLRCENT ASPHALT 5 GRADATI08 2 EA 100.00 200.00 3. STAFF ENGINEER LABORATORY 1 HR 60.00 60.00 SUBTOTAL $510.00 C. ENGINEERING REVIEW AND REPORT PREPARATION a 1. PRINCIPAL ENGINEER 1 HR 70.00 70.00.- 2. STAFF ENGINEER OFFICE 1 MR $0.00 FO.00 b 3. SECRETARIAL I HR 24.00 24.00 - a SUBTOTAL TOTAL „ F7}74fi�0_0 am TOTAL a " ;1f132`OO'R y� RE✓�seo ll+viwrih — CiTY OF RANCHO CUCASIONGA STAFF REPORT DATE: April 2, 1995 "r-- TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael 0. Long, Senior Public Works Inspector SUBJECT: Approval of Professional Services Agreement with Mesta, Brudin 6 Stone, Inc. for the performance of professional services with respect to construction minageuent, inspection and staking for North Tam Phase IY and Turner Avenue Improveuent Projects for the mount of $32,000.00 to be funded from HUD and Gas Tax Funds In conjunction with the subject projrcts, consulting services are required for inspection and surveying. Neste, Brudin t Stone has submitted 4 combined proposal of $29,096.00 for services necessary to cover subject project,. RECOb!lENDATION It is recommended that City Council accept the proposal from Neste, Brudin Ii Stone, execute the ftfessional Services Agreements, and authorize the Finance Director to expend 532,000.00 (combined proposals of $29,096.00 plus $2,904.00 contingencies) for said services to be funded from hU0 and Gas Tax Funds. Respectfully sutxattt , i I'. :sr 7 ,crr PROFESSiON.1L SERVICES AGREEMENT This Agreement 1s Buds and entered into this -- ay of , l9, between the City of Rancho Cucamonga, a municipal Corporation ( hereinafter referred to as •CITY ") and Neste. Orodin Stone (hereinafter referred to as *CONSULTANT'). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of rrofesslonal services with respect W construction management, inspection and staking for North Town - phase IV and Turner Avenue Impn.rement Projects (*Project* heraafter). (i1) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform proressforml services necessary to randar advice and assistance to CITY, City COudcil and staff In the crapteteton of Project. (iv) CONSULTANT represents that It is qualified to perform such services and Is willing to perform such prof4•4fonal services as berelnafter defined. t F NON. THEREFORE, It is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. DeHnitimns: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: Y )+ ♦ A. .T �y �Oytil (a) Pro ect: Construction Management, Inspection and Staking described In Exhibit -A• Scope of elervices hereto Including, but r• +t limited to, the Preparation of raps, surreys. reports, end documents, the Presentation, bath oral and fa writing, of such plans. MAPS, surreys, reports and documents to CITY as require(, and attendance at any and all work sessfons. Public hearings and other meotings conducted by CITY with respect to the project as outifnei in the Scope or Services. (b) Se_vlc,4:: Sue" frefessfonai services as are necessary to U performed by CONS our In order to complete the Project. (c) VSlutlon Mf PIM Met: The date or coapletfon of all phases of the project. Including any and all Procedures, deratopmont plans. Ws, surveys, Pl m documents, technlexl rcyorts, meetings, oral presentations and attendance by WISULTANT at Public hearings regarding the project accePUnce is sat forth In Exhibit •B• Protect Schedule attachel hereto. T. CONSULTANT aorces as follows: (a) CONSULTANT shall forthwith undertake and complete the project in ac:ordance with Exhibit •A• ant applicable with federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable sattsfactfoa of CITY. (b) CONSULTATT shill supply originals of X11 map$, surreys, reports, Plans arm documents (hereinafter collectively referred to as "documents ") Inctuding all supplemental technical doeuments, as described In Exhibit •A' to CITY within the time specified in Project Scheduled, Exhibit W- Copies of the documents s1u11 be In such njobers as are requ by Exhibit •A', CITY may thereafter review and furward to CONS'ATAM1 comsentt� regarding said documents and CW;S:4TAKT shall thereafter rake such revisions to said documents ;a are deamed necessary. CITY shall receive revised documents in shth fern and 10 the quantities eaterelned necessary by CiTY. The time limits cot forth pursuant to this Section 82.(b) may be extended upon a written appaovil of CM. (c) CONSULTANT scull, at CONSULTAIIT•s sole cost an.9 expense, secure and hire such other persons as my, in the opinion of CONSULTANT, be necessary to comply ulth the terns of this Agnesent, in the event any such other persons are retained by CONSULTANT, CONSULTANT bereby warrants that such parsons shall be fully quclffled to perform servicts required hereunder. CONSULTANT further agraas that no subcontractor shall be retained by COISULTANT•except upon the prior written Approval of CITY. 1. CITY agrees as follows; (A) To pap CONSULTANT the sup outline in Exhibit 'A' for tae perforunce of the service; required hereunder. This sum shaii :over the cost of all staff time and all other direct and indirect costs or tees, including the work of eaployeas, consultants and subcontractors to CONSULTA4r. PAY=nt to CONSULTANT, by CITY, shall be made in accordance with the scheeule set forth in Hxhlbit 'CO. (b) Paynants to CONSULTANT shall be made by CITY to accordance witN the invoices submitted by CONSULTANT, on a Monthly basis, and such invoices shall be paid within a reasonable time after said Invoices Are received by CITY. All charges shall he dctalled to Exhibit 'C' either with respect to hourly rates or lump sum amounts for individual tasks. In no , event, haweYer, will sold invoices exceed 95: of Indfridusl task totals described In Eshlbfts W and *CO. (c) C08SULTNIT agrees that, in no event, shalt CITY as required to PAY to CUSULTANT any sun in excess of 9S: of the maximum payable hereunder prior to receipt by CiTT of all final documents, together with all supplemental technical documents, as described herein accaptable In fors and content to CITY. Final payment shall be soda not later than 60 days after presentation of final documents and acceptancs thereof by CM. (d) Additional services: Payments for additional services requested. In writing, by CITY, and not Included :n the Scope of Services as set forth in Exhibit 'A' hereof, shall be paid on a roimbcrsement basis in accordance with the fee schedule set forth to Exhibit *CO. Charges for additional services shall be Insaiced on a monthly basis and shall be Rid by CiTY within a reasonable time after said invoices are received by CiTY. 6. CITY aarees_!o provide to CONSOLTArR: (a) information and assistance as set forth to Exhibit •A• hereto. (b) Photagraphlcally reproducible copies of maps and other Information. If available, which CO•'ISULTNfT considers necessary In order to complete the project. (c) Such Information as Is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other goverazental 39MIes end /or private parties. However, It shall be CORSULTMT's rosponsibility to make all initial contact with respect to the gathering of such information. ) .S. r. S. Ownership of Nmcurents: All documents, data, studies, surveys, drawings, wpm, models, photographs and report: prepared by CODSVLTANT puesuant to this Agreement shalt be considered the property of CITY and, upon p3ymeh• for services performed by CONSULTANT, such documents and other identlfied materials shall be delivered to CITY by CONSULTANT. CONSULTANT mays however, ask& and retain such too' t of said docuwnts and materials as CONSULTANT may desire. Any use or reuse of the pleas and specifications except at the site Intended or any alteration or revision of the plans c• specifications by the CITY. Its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the 5010 rise of the CITY. The CiTr Woos to hold harmless and Indemnify the CONSULTANT against all drwges, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written 'Notice of Termlration' to CONSULTANT at least fifteen (15) days prior to the date of termination specified In said notice. In the event this Agreement is so terminated. CONSULTANT shall be compensated at CONSULTANT's applicable hourly rotas as set Nrth In Exhibit 'O', on a pro. rate basis with respect to the percentage of the proJect Completed as of Lke date of termination. In no event, however, shall CONSULTANT racaive Moro than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studles, surveys, drawings, maps, models, I Photographs and reports, whether in draft or final fora 1 , prepared by -5. k r• w, i , COnSULTANT as of data of termination. CORSULTAnT may not terminate this Agreement except ror Cause. 7. Notices and Oestnnated Representatives: Any and all notices, demands, invoices and written coamunications between the parties hereto shall be addressed as set forth In this paragraph 7. The below named individuals, furthl -more, shall be those persons primarily responsible for the porformance by the parties under this Agreement: John K. Feenstra. Prfmipal en Inter, nests Brudin a Stone, ibnte prascher. Public Works Eneinear, City of Rancho Cucaaonna Any such notices, eamands, invoices and written communications. by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: COnSULTART shall neither commence work und�ir this Agreement until It has obtained all insurance required hereunder In a company or companies acceptable to CITY nor shall COnSULTA.:T allow any subcontractor to comaonce work on a subcontract until all insurance, requiree of the subcontractor has been obtained. COnSULTART shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Comoentaton Insurance: Before beginning work, COnSULTART shall furnish to CiTY a certificate If insurance as proof that It has taken out full workers' compensaton Insurance for all parsons whom it may employ directly or through subcontractors in carrying cut the work specified herein, in accordance with the laws of the State of California. -6- - f In accordance with the provisions of California Labor Code Section 3700, every employer shalt secure the payment of compensation to his employees. CONSULTAMT prior to co=encing work, shall sign and file with CITY a certification rs follows: 'T in aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against Ilk "lfty for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commancing the performance of the work of this Agreement. (b) Public Liability and ProPerty Damage: Throughout the tern of this Agreement, at CONSULTANT'S sole cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CiTY and CONSULTANT, comprehensive, broad faro, general public liability and automobile Insurance against claims and liabilities for personal injury, death, or proprty damage arising from CONSULTUT's activ!ties, providing protection of at least Five Hundred Thousand Dollars (SSOD.000.00) for bodily injury or death to any one parson or for any one accident or occurrence and at least Five Hundred Thousand Dollars (S1j00,000.00) for property damage. (c) Errors and Oalsslons: CONSULTANT Shall take out and maintain at all times during the life of this Agreement, a policy or policies of Insurance concerning errors and omissions ('malpractice") providing Protection of At least 0_e Million Dollars 01, 000,000-00) for errors and omissions ('malpractice') with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General_ Insurance Reeulreeentss All insurance rS required by express provision of this Agreement shall be carried only to �+ .7. iA 0 I e responsible Insurance coapantes licensed to do business In the State of California and policies required under paragraphs 8.(a) and (b) shall nacre as additional Insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to tie fffect that (1) the Insurer waives the right of subrogation against CITY and GTY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and ;3) they cannot be Cancelled or materially changed except after thirty (30) days' notice by the Insurer to CITY by certified wit. CMSULTABT shall fur-Ash CITY with copies of all such policies promptly upon receipt of then, or certificate evidencing the Insurance. C0.'tSULTANT may effect for its own account Insurance not required under this Agreement. 9. Indemniflcstion: CONSULTANT shall Iefe". Indeacify and save harmless CITY, its elected and appointed officials, officers, agents and employees, froo all liability from loss, damage or injury to persons or property, including the payalnt by CONSULTANT of any and all legal costs and attorneys' fees, In any manner arising out of any negligent or intentional or willful sets er omissions of the CONSULTANT In the performance of this Agreamnt, including, but not limited to, all consequential danages, to the MWONA extant permitted by law. 10. Asslg_nmen1: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or In part, by CONSULTANT without the prior written consent of CITY. 11. independent Contractor. The parties hereto agree that CONSULTANT and Its employers, Officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be '8- v employees of CITY. 12. 0grerning law; This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. Attorney's Fees: In the event any legal procseding is Instituted to enforce any M, or provision of the Agreement, the prevailing Party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all ' other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall br effective only If It Is in writing signed by all parties. iN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: C0N5 TANT v � CITY OF RAIICWO CUCANOMGA on a s, yor ATTEST: every A. Autnalet, City C tr Date: /T Data: Approved as to font City ttorney EMIBIT A SCOPE OF WORK Construction Management - Pro - Construction Conference - Pay Estimates - Contract Change Orders Labor Compliance Enforcement Flnal Report As -Built Drawings Inspection Full -Time inspection and Documentation of Wrok Enforcement of Traffic Control Requirements Before and After Photographs 5 EMPIT t schedule of wort will follow the ccune of project construction. �t , ■ a` P EXHIBIT C COMPENSATION Compensation is proposed on an hourly basis per attached rate s:hedule. Estimated costs, asswtn0 a six (6) week concurrant construction period for both projects, is as follows: Construction Management Construction Managor 40 Mrs. 0 $65.00 $2,600 Office Engineer 12 Mrs. 0 51.50 618 Administrative Secretary 16 Mrs. 0 34.00 544 Drafter 16 Mrs. 0 43.00 all Mileage S00 Total Construction Management $4.950 inspection Senior Inspector (30 days) 240 Mrs. B $50.00 $12,000 Mileage 600 Tatoal Estimated Fee $17,750 CORSTROCTIOM SURVEY PROPOSAL CITY OF RANCHO CUCAMONGA MORTHTOHR -PHASE IV CONSTRUCTION STAKING (2 -Han Survey Crew) TASK ESTIMATED RATE PER ESTIMATED STREET (1 SET) HOURS ROUR COST Eighth Curb Stk.(2S') 5 $125.00 $625.00 Catch Basin Stk. 2 1/2 125.00 312.50 Clip 1 1/2 125.00 187.50 Delmont Curb Stk.(256) a 125.00 19000.00 Catch Basin stk. 2 125.JO 250.00 Retaining Curb Stk. 2 125.00 250.00 Acscia Cuwb Stk.(2S') a 125.00 i,C00.00 Header X A.C. Bern Stk. 2 125.00 250.00 Centerline Control 6 Reset 8 125.00 5.0^-0.00 Survey Supervision 6 58.00 348.00 Survey Research 4 50.00 200.0 TOTAL ESTIMATED COST FOR NORTH TOW -PHASE IV PROJECT. $5,423.00 S`. r Exhibit C (font.) CONSTRUCTION SOR>)ET PII01'OSAL CITY OF RANCHO CUCA40NGA TURNER AYENUE CONSTRUCTIMI STAKING (2-Man Survey Crew) ■ ■ r TASK ESTIMATED RATE PER ESTIMATMED STREET (1 SET) IKNIRS HOUR COST Turner Curb Stk. B $125.00 $1,000.00 E.P. Stt. 4 125.00 500.00 Rot. Gall Stk. 3 125.00 375.00 Catch Basin 2 125.00 250.00 21' RCP 2 125.00 250.00 Feron Curb Stk.(8'CF) 2 125.00 250.00 Retaining Curb Stk. 2 125.00 250.00 Main Curb Stk. 4 125.00 500.00 Sewer Stk.(25') (Mainline 8 laterals) 6 125.00 750.00 Centerline Survey Control 2 125.00 250.00 Centerline Control 6 Reset 8 125.00 10000.00 Survey Supervision 6 58.00 348.00 Survey Research 4 50.0 200.00 TOTAL ESTIMATED COST FOR TURNER AYEJR)E PROJECT: $5,923.00 ■ ■ r RaV(SOO coNSE/3T CITY CP RANCHO CU'CAMONGA STAFF REPORT DATE: April 2, 1966 70: City Council and City Kanager FROM: Lloyd 6. M!)bs, City Engineer BT: Osre Blerins, Maintenacte Superintendent Approval of anfd authorize the Tilt p f LOA Notice ofCospli�o for the wort The Alta Lou" sane Drain Engineer. 6I 2isKrrtcnd�le the the Couil psi�ee satisfaction of the City Engt t and direct the City the acceptance of the project. aaaueap00t," the final peywa Engineer formance surety (fl 926,140C0011and retie tion (S County D02 1sleorder and release IIEC616EMDATIpe It is recommended that Council accePt As coyllu the Alta LW Storm =ts!n (AD 81-2) Project and pass the attacWA resolution authorizing the City Engineer to file the Mltice of Co"lotion and release ter faithful plrforonct bond and retention (75 days after filing Motion of Completion) and Authorize final payaent. 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V44W tttMlyl °/ �W d@4�A an rlwMGtmyrr/10W'� at "q-u S. , 21 Tb putduttrl/ wlr* trww /f aura Wyly C+7fuult'Aeo jt yR luda�yAA =a w� kb ft Ww�n a; 'awipt/ b.r.let •NIrA �°YS ttq taw y /tt►Y A vt�/tt Wmt �'W in Nnn Fair P+YAm inftW OY L onyy llyo t ive O to W.�LfIYh y�.y11NW ' ey�B (MY Ghkmh I A.*n*wt Y4 AM4XCNpLeW . 4nY. sti r3 � Va q ty _ �� ~LNO'b s� NYY =�fM4Y ilt w..___ tW -own to EYooff N44nryay� Wy 44 beam 01O�r1rYsw�Ma IiO( Ib go" tN M�Y�MJIM W.V ad W��awox p+'W alakt�Y� tlV.arq r a W lb+Ya OPW itrYJw1Y�� W Mftdwy#,Mm d�NWMr�d~w. C4rquYrlW Vp Oua>tirWrr W�7 aveyt N Ur wn � adz �Jta t`ygy. Ol y. tY"Uty py"uyp left lMr 40"dW y'M rWM the was a p -mu 71tWnywvN N"'� IN UM to Y� �r � 4yu�!YgN W pµ�yl:Yo b4C�wa NYY'atlwa Wy e a�i b WMjrwyy�r NYIr�A'"'tl��dwgy � WytLy ~WAN sail" W "SCMONIILAnldtllL ~ AnYI, +irt4l NW ptiy=Y ,16" YV. ✓tisur I7NW Y� 44w., tO� amott V. >tb Nu44ou faA a nu"Y::* n btttw s N W Gym� O4�" b. =rk. "�" w b awaJNF" °fj�MlWJatypa"tyyy��v 71r� ry f_ U.he rldwb4w""L ad W-w.0M 7I. _ orwt �IVI�aA.nrLYr .7wriy p Y�wktYIt tir Lam" .'^r ythL eM16 VL��ttY.to�lls0*rk�ypYr.yy N71CU VL of A Ad r" 4aWr Ns O M m N z CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 2, 1986 TO: City Council and City Mosie''rppee FR0:1: Lloyd Rubos, City Engineer SUBJECT: REQUEST FOR FOR.'UTI. OOffFF(( ES D ISTRI tt D Subsequant to preparation 0 the Council aged@ staff has Dann in ewers, petition and the projjects Aboundsry tmap. This infonutiopn Is supplemental to your previous Council picket. The Stone and Youngberg agreement follats previous agreements on other Districts done in the City. Staff rtcoemends approval of the sgreeeent. uUlr Attseheents STONE & YOUNGBERG � ,.mot gym "a.,tt March 6, 1909 City Council City of Rancho Cucamonga City Dail 9320 Base Lino) Moad P.O. Box 107 Rancho Cucamonga, CA 91730 Bet City of Rancho Cucamonga raprovennot Monds me Storm Drain Assessment District Dear Members of the City Councils ibis letter will serve As an agreement between the City of tancbo Cucamonga and Stone a Youngberg to serve 1a Managing Mderwriter to the City until the parties enter into an actual ra chase Contract regarding the negotiated sale of the City#■ xnptive%tnt Bonds to be ivaed by the City pursuant to the rsaroveaent Act of 1913 (the •Bonds•) and the Procedural Act of 1913. °au have informed as that the City intends to issue tha Banda to PrrcvJde funds to finance various public improvements and for purpose require: the services of a Managing Underwriter to structure the financing and to rates into a Purchase Contract that is agreeable to both parties. As Managing Underwriter, we will use our utmost efforts to raise funds at the most reasonable rates attainable in the market under than existing conditions. In asp Lfication o! the understanding between the City and the Managing Underwriter, Stone a Youngberg agrees to undertake tae below - listed services and functions. A. dtreclurine the !in _ lyst 1. Stone a Youngberg will work with pour staff in developing the scope of the financial feasibility and 2ss4dsing the marketability of the project. 2. Stone a Youngberg will work with the City's bond counsel recommending upecific terms and ronditiocs affecting the basic security of the Bones. {* K7f{AmmammleewUlMaelRla tet•aa Ha11lVWA CAMOP Mh 32 -o"W"a k+ City Council City Rancho Cucamonga March 6, 1986 Page -2- 7. Stone a Youngberg will prepare the teat of an offering memorandum for sale of the securities. Said mesorand= will include a dasariptlon of the bonds and their secarity, and pactiseat financial and econowia data. In preparation of such prospectus, we will ererciss do* diligence in the ascertainment of all material facts aid circumstances r"arding the project and their disclosure in the prospectus. •. Stone a Youngberg will be present at any necessary Information rAoting or meetings. S. If the City so requests, we will assist in arranging the selection of a paying agent. D. Marketing the parch. 1. The Managing Underwriter will use its best efforts to accomplish the formal marketing at the earliest data possible consistent with monad investment bnnkirg and underwriting principles. It is intended that, once purchased 1 atone a Youngberg, the bonds will be ro- otfered to the poblie on the basis of an immediate ;Orafide publ a ..fering.• stone a Youngberg may fora a group of investment banking firms for the purpose of underwriting and selling the bonds. 2. Stone a Youngberg vill submit an offer to the City to purchase the bonds at least three working days prior to the final confirmation of the assessments, subject to pertinent rexolutions, the offering Memorandum, and all other necessary documents, approvals, and proceedings governing such Bonds havirg been determined by bond counsel, the City, and the Managing Underwriter satisfactory in all respeato for financing purposes. if, after cagotiations with Stone a Youngberg Li good faith, the City and f'ton0 a Youngberg fail to agree on terns of sale of the bonds, the City may terminate this agreement, then offar the boads for 5810 to others. 1. The City agrees to cooperate with Stone a Youngberg to make available copies of sconomic and fivase}al 91 City Council City rancho Cucamonga March 6, 1466 Page -l- reppoorts, agreements, contracts, resolutions, and other to avant documents pertaining to the project, the City or the bonds an reaoonably may be required from time to time for prompt ad efficient performance by Stone 6 youngWrg of their obligations hereunder. Z. atone a Youngberg shall pay its own out -oS- pocket and other expenses, the cost of the ?reparation of the Offering NONOrandax, Underwriter s Counsel, Slue Sky and Investment Memoranda used by the Underwriters and .11 advertising exi»nses in connection with the public Offering of the bonds. 3. She City shall pay from the proeeeda of the bonds or other fonds o! the City all coats and expenses customarily paid therefrom, including the cost of Printing the bonds, and other documents, the fees and expenses of its legal counsel, bond counsel, retaiconsultants, accountants, ad experts of any other eerts nod by the City in connection with the financing. 1. It is expressly understood and agreed and the City hereby recognises that in performing its activities pursuant to a negotiated sale that stone a Youngberg is acting solely on its own hebalf as the prospective manager of an underwriting group which plans to submit to the City a proposal to purchase the bonds for resale. Nothing herein shall be construed to make the Managing Underwriter an employs or financial, fiscal, or other advisor of the City or to establish any fiduciary relationship between the City and the Managing Underwriter. 5. Thin agreement shall extend to the date of sale of the bonds as ecntaaplated herein, when the formal bond Purcha,e Contract is entered Into by the parties. 6. The City oay terminate this agreement if, after negotiations in good faith, the City and Stone 6 Youngberg fail to agree on mutually acceptable terms of gala of the bonds. Upon termination of this agreement, Managing Underwriter dhereunder,hexcept thatothe City is obligated to pay to the Managing Underwriter any expenses incurred on behalf of the Clty pursuant to W City Council City of Rancho Cucamonga March 6. 1996 Page -4- sgeAo s the City to the Managing Underwritobehelt of the Bndorrriters pursuant to section a of this Your agreement. constitute an agreement t reementbetween� the City and the rBYedersigned. Accepted this day of . it" City eL Ceecho Cn...nnQ�_ BYs - i� cLB nc,%TE RE ADEQUACY of PL'PITlox (�gapegp.�+r erS77er� No 86 1) I, DWIGHT F. FRENCH, hereby certify as follows 1. That I am the duly appointed and acting Engineer of Work for ASSESBH@IT DISTRICT no. 46 -1 of the City of Rancho Cuzmznga (the sAsseavacnt District"). Z. That I have received and reviewed a Petition for the Divisiont4oat the Streets aannd glghvaivarcode� requirements of Property within the Assasssent District. 3. than 60% in area ofpthetpr,,..heoa�ybyji tube aisenen� nt for the proposwd isprovaaants uithin the Assasasant District. 6. That the *owners of land* are those perr4ns who, at the ties the Petition was filed with the City Clark, appear to be ouch owners upon the County Assessor0s Roll, or, in the aasa of transfers of land, appear to be such cwners on the records in the County Assessor's office. I declare under panalt+; of perjury that the above is true and correct. L Executed this a?/°Jday of �, 1916 a California. to, ,,' .y D3 wv F. FRENCH, DIC. Sys 1... Dwigpht F. French Englnear of Work . 71 ( -;a "ClIrlol I P =-Ica roa o G::s: cD cr L%mp.c%__.:s A:tD ai-: —M 07 Or DrMZCU a Or �X"'3 O� CXL2SOA:rL'n T= C}iDEasIC.f'a, being c+rt--a of prcyar---j with!.& the area as shoc+n on the plat attached to and =ads a yart of this Psi «ticn as F.c:ibit "A ", which proper -.y will ba subject to assaz=trt for the i=Prcve=ents herairaftar dascribad, hereby request the City is inatitata Proceedings under the "Hunicipal L- yroveant Act of 19130, beL&y Divisicn 11 of the Streets and Highways Code, to contract car -ain public works and i=yrove=ants and ncq%:isi`.Scns, if necessary, generrll.y described ae follows: Construction and installation of drainxgo i=prave- =ests together with appurtanances and appurft.anant work, acquialticn, it necaarasy, and incidental expanses in connection therewith (tha "Znyrova=ents"). THE IIMDR9SO:IED further request xach other apps- tenant work that, in the opinion of the City, may be necessajrl to pi.•ope ly F effectuate the =provaaants. MM IIHDMSX== fur mar request that the City taka the " dasignations specified as follows: 1. The an?iaea.-(s) daoignatad to was =e the rasyza- " aibilities and pa--!c= tha duties of Xesess=nt Engi near for the asaua:ent District shall be ` IYAIon r. nmcs, xNc. 1. (the ".tssaas-•.an. Yagiacar"), subject to apyrrvai c: i at an Aq=aaart for P:.,7�aarS. -? Services. r 2. The ur.dera:!.:ar desi ;..atad to pur:hasv, be -da �. ragtaaea`:.'g unpaid aaaess =enta in the Ass "ss =ant District stall be STONE i YOD:I0M0 (the "Qndezuriter "), aubject to apprcvai of a 7•.-hase Agraenant. 7. The ittarasy(s) desig=tad as land Cruaal for the assasamont pracaadi::gs shall be )IAZAM, Jut _i, EOn=v i °.CFA R=r (the "Sand Counsal•), subjact to approval at an Agrea =ant for Bond Counsel Saraices. THE II:IDLRSIWM tun --Ur request that all efforts and attarpta be made eo that eseessant procandings a= be initiated and the Resolution of Intention can be adapted at the earliest ti=a. =M D:IDYaRS=MMD further agras that the city will ire= no obli?ation for the pavuent of any eansultirg sorYlcss u=less there is a succdasful confirmation at assessment anA sale of bonds. YH3 D:ID"-A'SZO = expressly roive the p_•acasdiags cr: all limitations under the "Spacial Assessment Iavestigatioa, Limitation and :Iajcrit-t protest Act of 19310, bei -g Divisian { at the Strasta and Highways Code. THIS P°^.ITI0:I YAY Im SZGM I:i cODDT_RpARr AnD CC:ISTrOT - On P°': ^IC:7 A:iO wa r_a, A:ID )KY B:; C:ISOLIDA ^D imT.1 327L•LAa PETITIONS XM WA17MS FOR SZ:MUR njMvEMr.s H°+' _v=I )LITIOIILD. , n 2. Raaall• L. Rora!a 6p Na. 301-271-25M. Aka Ro7all• L. Joheao0 66.4},47, 4 A2 y-r ��es',1'4 ��y'11�so.oiV � V z 3. TN ST1CUb. b�R /� j49#rN« DMt GJ I ! �A'�•Pr�G GWPUL COAMUOr- Pi Qf'-om: low A)"TO Of y�1yry6. (JA�YLR GKAYLD wwutz a+' rrrr�� IMAo SAL Carr. �••��• si <•iAUt� t) a _�YA►weM *�� Aga Gwtw6 Arf a Swwo . NwaAL Baum.. uBaer: 7Y4 t� fiw.GA,� Mr* � AL Pte" r—GP —w t. cwvowo4.• i Cin OF RANCHO CUCAMONGA MEMORANDUM AOF f DATE: April 2, 1981 TO: FROM: nick Dahl, Councilmeaoer ' SPACES PER U911 Brad Buller, City planner BY: Otto Kroutil, Senior planner SUBJECT: I. COMPARISON OF AMAMI` AND CONOOMINIUN STkWMS 1.5 2. IINIMM DWELLING UNIT SIZES Per your request, the following summary Outlines the differences bstwean apartemnt and condominium development standards in me City. With few esceptfOns, the City's CMIOWflt C040 besr.'t dfe :inguish O#ws. %lp and rental units, t.e. condos and apart"nu, The Development Code ;deals with •mwltiple family. units regardless of anershlp status. MwevOr, there arm some important differences, as follows: 1. PARKINS STAU=S: The De+-e10pntot C04e separates apartments and townhouse/condo parking requlrernts. The number of parking spaces for apartment units 1s lower IS show? on the chart below: Currently one covered space in a garage or carport is multi - family projeett. repaired for all Continued ...... ti n CUA.W PARKING REpuiRUWS SPACES PER U911 Studio Apartments T_wnhoule3 Condo's I Bedroom 1.3 1.5 2 Bedroom 1.6 1.8 3 Bedroom 1.9 2.0 4 Bedroom Yfsitor 1.0 per 4 W's 1.0 per 4 OU's Currently one covered space in a garage or carport is multi - family projeett. repaired for all Continued ...... ti n thnao to Dick Dahl • Comparison of Apartment S Cando Standards Minimum Dwelling unit Sizes April 2. 1985 Page 2 2. BUILDING CODE PROVISIONS: The Uniform Building Code d'aun't distinguish between apartments and condomfniums Par se, but dots have more stringent provisions for attached units stiurated by antual roperty lines. Consequently, ownership units located on their awn land require additional firewall separations, and sap4rate servicas such as sewer, water, gas and upgraded electrical capacity. Apartments and ownership units which do not include ownership of land do rat have these additional restrictions. The attached memo by the Building ONtcfal further clarifies the issue. 3. COUOONINIL01 CONYERSIONS• The City has an ordinance regulating conversions of apartments to condominiums. This ordfunce ovldes that prior to conversion of existing apartments to condcninfuss, the wall and calling separations between units moat be up to the most current baildin, cede standards. The conversion ordinance doesn't establish condo standards that are more restrictive than those for tpartmenlsl it simply requires that existing buildings that were built to outdated standards be brought up to date prior to corrversfon to for sale units. 4. SUBOIYIS[ON REQUIREMENTS The StaW Subdivision Nap Act (which regulaAs the subdivision process to Calffornta) requires the filing of a Tentative Tract tap and approval aM recordation of a final Tract Map prior W the sale c: any ownership units Mother or not land is involved, including •airspace condoMnlus. Rental ap4rtmmts an be built and finaled without a Tract Nap to most CASH. A legal lot of record or a Parcel Nap is all that is required by State law. S. MINUMN DUELLING UNIT SIZES Attached, you will also find the results of a telephone survey relative t.o minimum writ sizes conducted last summer. In general, some of those interviewed indicated the intent for having minimum requirements was the desire for better quality development in those cam Ries. I hopo this information answers your questions. BB:OK:jr Attachments 4. ` aGy STAFF TELEPHONE SURVEY, August 16, 1985 N CT(Y I �MTMUN Cf1ELLiMC IAIIT SIZES CHINO No Standards , possible new standards now being considered, r IRVINE So Standards - Just use UIC FOMTAMA Dwelling Unit Site Based on Zoning as Follows: 9-1 Minim= Lot Site 7,200 sq. ft. - all Ri Zones All Single Family Units R -1 -C 1,100 sq. ft. R -1 -0 1,200 sq. ft. R -1•E 1,300 sq. ft. R -I -F 1,400 sq. ft. R_2 BSO $4. ft. if single family dotathed 650 sq. ft. if molt( -frily ( R_3 850 sq• ft. if single family detached• So0 sq, ft. if multi wly MONTCLAIR* Minimum Site Based on Owellin7 Unit Type as Follows: ngle (a) 31 Family DataOeh'J Units: 2 bdraas - I , ta q 3 bdrw or more - 1.400 sq. ft. •(b) Multi - F (Apt. i Condo) 1 bdro 950 sq. ft. 2 bdras 1,200 sq. ft. 3 bdrms 1,400 sq. ft. 4 bdras 1,450 sq. ft. Minimum Room Site of 110 sq. ft. All dwelling units require 2-car garage, no carports ONTARIO No Standards t • Y<s ` aGy a UPtARO ZORE N54 Fastl Ianrs R -S -15 R -S -10 R -S -7.5 R -S-6 MUltt- rw`_!I� ?-Ms R -M-4.4 R- M- 3.6(c) R -M -3.6 R -M -2.0 R -M -1.5 5 eclal ti .• 1 Owll!ng Untt 5120 Standards as Follows: MIM. 107 AREA MIR. 0 U SIZE sq. Ti q. t. 1S,Op 2.000 10,000 1,600 7,500 1.400 6,000 900 30'M I.O ld 15,000 16,000 1,000 /du 1,000 /du 7,500 $00 - Bachelor 700 - 1 Bdrm O00 r 2 Sdrm 1.000 - 3 Odra 1.000 sq. ft. for a 1 Bedroom plus 200 sq. ft. for additional Bedroom f% i •r d C C- r S'AF" DATE, I4sy 14. 1980 TO: Plenning iaatoa BL v = mm. b» J La a. L, Director of Co�i4 Da"a pasot 6Tr garry C. 80"0- Senior llaaaer iDTJCCT, ?ARTRC C�1MAN �AIG�fGIQZq N0. 80.01 - Opypp CC. rat of a C°odoatoim'� Ord,;X. �D[R4TDr - The der Coaracsioa oiop- + + This 2 it" bee baea before t j Over bp 1t P l t o on That@ eusi y he��d.ora have disc astoru us C*nvar"cm control that a Coadostptius `Coarrsoloe rMi 30th @s ate to fccoa�e eoacenws oi- ws subject to t t degrees" Since April 30th w hew seupted filing on Sums and the em"t'sioa at 425 aN Lewis 3mme haw subsitgl of Craskafdo py�y cuts to MWOKLKloloM� Us al C condoainiues. Aad addleloaall of the duplaxss on y then are playabelM pep red forth@ OO raenberaf Sea o rdlt toad south of the �hillc Le". ad for thhOujJ be efao that w haw _ down torapproxiletehly n iin rpar�toaOrsiloa�ft 3% dwui°t unit, . (l�n�iu as W have oxiset y 70, in single fsally and 302 to a dtittple eellY The Vast End ccasants of the City corrected ttorney.'a S of the propotad erdtoanea that opinion by the pyry ag then did SneluAea t suggest that t snag Cadiasieo on Mat Ger etas to to a as fulov what they feel should be 1,p os Changed. Ordinance Page by paf�o� staff Reaper Cully ttad \ \\ JACK LAM Dlraeeor of Conamity Devalo paeat JLt88tcd Attachmat w ORDINANCE N0. JN OPJ)I1M4M OF TM CITY COIACClL OF THE CITY OF RAW" tTiCNiLM, CALIFORNIA. MENDING TSLr ZONING MINANa SY ESTABLISHING REQUIRigNFNTS FOR THE CDNNEPSION OF APARTIiM To CONOONINILMS 1114 City Council of the City of Rancho Cucamonga does ordain as follow:. SECTION 1• PURPOSES: A. The City Council finds and d,:4rmtnes that the commrstons of aparbents to community apartments, stock cooperatives are condominiums affoct the public health, safety, and welfare: and that such projects, which are subject to the subdivision regulations of tk,4 State of California, should be regulated by local ordinance. The City Council detaroines a need to regulate the comerstons of existing buildings to coaee:nity apartments, stock cooperatives and condominiums so as to: 1. Encourage a balanced supply of rental ane awnershlo housing in the cOmunitr• and a variety of clrotces of tenure, We, price, and location of housing. 2. Nnintain and ena.lrage the supply of affordable ha %sing, bath ownership and rental, for lo*4nd- noderate tncae persons and •faailles: end 7. Promote the residential Stability and w..nitty of the eascuntty by developing neighborhood identity, discouraging displacement of residents, and frill- " toting affordable hoe Ownership opportunities and rent&) ownership opportunities for the coasunfty. C TM City Council, therefore, states its express lntait to set such surdaros and regulations rscessary to insure that apartments and like structures being converted will be in the hest interest of the ceee mitt'. SECTIOtt 2: DEFINiTiiM'S The words and terms used in this Chapter shall have the following MAIM unless the context clearly indlutes othtrwlse: A. Canmitr A ap rt'*nt: Cc"=Ity Apartment as defined in Section 11064 of the Businoss and Professions Code, sxnteining two or more rights of exclusive occupancy. CCondominlHU* Condominiums as Jfintd in Section 1350 of Me Civil Code: 'AM estate of real property consisting of an undivided interest in cocmon areas, together with a separate right of o ership in space.' U, n J C. Conversion: The process or act of subdivisioq, in accordance with the Subdivision Nap Act, of existing rental dwelling units into eonwtominims, eoeeunity apartments or stock cooperatives. B. Pest Raoort: M inspection and written report crmforming to the requirements of Srctlon 8516 of the Busl'ress and Professlu" Code of the State of California including dOcuA*ntation of conditions ordinarily subject to attach by wad destroying pests and organisms. `1 eeee� K i 2 �,c 3 a E. Project: Project means a andceiniue, cmwnity, apart- ment, and stock cooperative. F. Stock Cooperative: Stock cooperative as defined in Section 11003.2 of the business and Professions Code. Property consisting of dwelling units owned by a corporation whereby shareholdurs receive a right of exclusive occupancy in a portion of the real property owned by the corporation. SECTION 3: APPLICATION INFORMATION REQUIRED No Tentative flap for the purpose of conversion will be accepted for filing unless it is accocpanied %Y an application which in addition to the infoteation required by the Subdivision Nap Act and the Subdivision Ordinance, contains all of the following infomation aW documentation: A. Specific Reouire rents: I. she applicant's projected percentage of the existing txaaber of tenants needed to buy their dwelling unit in order to sake the conversion project economically feasible 2. Estirated market value of each unit: n .. 6 3. Terms of proposed assistance, dtscnunt, or other C financing program to be offered, if any, to present residents for the purpose of subsequent unit purchase; 1, proposed prograi of relocation assistance to be offend by the applicant, if any; S. Makeup of extsttng tenant households, including featly size. length cf residence, age of tenants, and whether receiving federal or state rent subsidies; 6. proposed Homeowner's Association fee; T. ilsmas and addresses of all tenants. MMn the subdivider an demonstrate that such information is not available, this requirement wy be aardlfted by the Community Development Department. S. The subdivider shall "Bit evidence that,& certified letter of notification of intent to convert was sent M each tenant for whoa a signed cozy of said notice is not submitted. 9. A report of field test by a qualified i"dM4$dcet testing agency as specified to the Uniform euilCtng Code showing Mat the wall separatior,, and the fluor and ceiling separation. between units shall provide L the same airborne sound insulation as required by 1 . s = the most current Uniform Building Code requirements adopted by the City. If the report shows that these a� standards are not met then the applicant shall ` indicate that he kill complete improveeients necessary to "t those requirements prior to aqy sale of said ti converted apartments. In casrs where efts are occupied by tarants, who have initiated a contract far the purchase of the units, tha improvements for such soundproofing shall be complete prior to the sale of the unoccupied units. 10. A copy of the proposed declaration of covenanV,, condftlons and restrictions which will apply and which shall include an +greewt for common area maintenance, including fecilitits and landscaping, together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. 11. A physical elements reports which shall include but not be limited to: ` l +) A report detailing the condition and estimating { the remaining useful life of each element of le; - ii ME, �C* the Protect Proposed for conversion: 4tvfs, foundations, exterior paint, paved surfaces. mechanical system. electric 1 system. ptuabfng systems, including saxage systems, $wneing Pots, sprinkler :)stern for landscaping, utility delivery systems, central or coommity heating and air - conditioning system9 fire protection systems including automatic sprinkler systems, Aare system, or standpfpo system, and structural elamonts. Such report shall be Prepared by an appropriately licensed contractor or architect or by a registered Civil or structural engine%? other than the aver. For any elaemnt %those useful life is less than five (5) years, a rePlacemant cost estimate shall be pra fded. (b) A structural pest control report. Such report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (c) A building history report lneludirg the following: (1) Ti.e date of ronstructlom of all elenents Of the proluct: (2) A statement of the njor uses of said pro- Ject since construction-, 6 (7) The date and description of each major repair or renovation of any structure or structural element since the date o. con- structlon. For the prrposes of this sub - section a "aalor repair" shall man any repair for which an axperditure of more than 51,000 was rode; (4) Statasent regarding current ownership of All ie "VMnts and underlying land; (S) Failure to provide lnforeation required by subsections (1) through (4), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why said information cannot be obtained. 12. Evldexe that a notice of Intent to convert shall be delivered to each existing tanmt's dwelling unit. 1M fors of the nstics shall be as approved by the toaWnity Develapeent Dowrtnent and shall contain nrt less than the following: (a) Haes and address of current owner; (b) Nave and address of the proposed subdivider; (c) Appr+tfeate date on wifch the tentative map is Proposal to be filed; (d) Appmxieate date on Witch toe final map or Parcel map is to be filed; (e) Approximate date on which the unit is to be vacated by nonpurchasing tenants; (f) Tenant's right to purchase; (9) Tenant's right of notification to vacate= (h) Tenant's right of teralnetion of lease; (t) Provision for special uses; and (!) Provision of moving expenses. (k) Tenant's Right to Purcia_ se. As provided to Goverment Code Section 66427.1(6) eny Present tentant or tenants of any unit shall be given a rontrensferable right of fist refusal to Purchase the unit occupied at a Price no greater than the Price offered to the general Public. The right of fbst refusal shall extend for at least sixty (60) days from the date of issuance of the Subdivfsion Public ftepart or comence_ nrnt of sales, whfcf'Ovsr ate is later. (1) Vacation of Units. Each non - purchasing tenant, V not in default user thn obligitfons of the rental agrement or louse under witch he occupfas his unit, shall have not less than one hundred „s. a SECTIOR R: elghtY (180) days from the date of recaipc of notification from the c ner of his intent to convert, or from the filing date of the Final Subdivision ihp, whichever date is later, to find substit•:te l&jjing and to relocate. (a) Other information as MY be deemed necessary by the Community 00e1oPment Wartment. 13. Other information which, in ♦Fa opinion of the Director of Coceunity Development, will assist in determining whether the proposed project is con. sistent with this chapter. PROPUM DEVELOPW —n SiMOMS A. Deneral_ p_ i`ts: No Final $Up for the purposes of condominium conversion will Fe accepted for filing unless the following requtrmnts, which shall be conditions-of approval of the tentative mp are approved: 1. Etch dtellina unit shal' conform to anent noise and energy insulation standards required by the latest adopted Uniform Building Code or other applicable law or regulation. 2. Each unit shall hmve installed seoko detectors as required by the latest adopted edition of the Uniform Building fade. 3. For each unit there shall ba provide _ •'niaum of 9 two Covered, On -site parking spaces per wait in a 10 garage or carport, plus 20f of " total spaces provided for guest parking. 4. Each dusl"rg unit shall be separatcly oottred for gas, electricity and water unla;s,the City aporoyes A plan for equita..,) sharing of comnai matct-tng. 5• Each unit shall C» provided with separate water shut -off valves 6. Each area for trash pl&:ament And pickup shall be adequately dasignatcd anj all refuse shall be recroed on c ragalarly scheduled basis from the prentses. C 7. Permanent mchanicai Mf;rment which the Building ONIC10 determines is a potential source of vibra- tion or noise shall be shock mounted or isolated, or otherwise mounted in A winner approved by the Building Official to lessen the transmission of vibration and noise. B. llluminated addresses, and if four.J necessary by the planning Coemission, directory map$, for ail units shalt be prominently displayed from appropriate public or private access within or adjacent to the project. 9. At least 125 cubic feet of enclosed, weatherproof, _ ` lockable storage space is to be provided for each ti �.,. i r ' '.'n e ;Y unit. 7hfs storage space shall be to addition to that ordfnarfiy contained within each unit. it may be either within or exterior to, but shall bear a reasonable lteatforzl relationship to each unit. 10. A laundry area shall be provided in each unit; or if eoaaon laundry areas are Provided, such facilities shall consist of not less then ono automtfc washer and dryer for each five units or fraction thereof. i1. The applicant shall Provide written certification to the bm+yer of Back nit on the initial $ale after conversion that any dlshwashars, garbage disposals. stoves* refrigerators. hot water tanks, and Sir_ canditfoners that are provided are In wortfng condf_ tfan as of the close of escrow. At such tine as the ` Homeowner's Association takes over management of the development, the applicant shall Provide written certification to the Association that any pool and Pool equfpment and any appliances and mechanical a pM"t to be owed in commn by the Association is to working condition. 3. APPtiCATion REQUIREMENTS The applicant shall Provide the City with a tentative subdivision map in canforaanca with the State Subdivision Map Act aid local ordinance and a 12 development plan of the project including, but not limited to: l 1. dimensions and location of each bjflding or unt., and the location of all fences or wolis. 2. building elevations %dicatmg the type of construction material existing and pmMscd; 3. typical floor plans of existing units with square fcotages of esch room indicated and the number of units per plane 4. location of common area and Am"ittes existing or proposed; S. location and dimensions of parking garage, carport, parking Carea, access -ways, AN any cthtr on.sitr area marred for vehicular us*$ 6. location of Aress far vateflor storage space for lndisldual occupants. �. lihdscspe plan per City 1jgndlhdl whith 1peetfies proposed troll, shrubs, plants, and ground cover, and indicates exist. IM landscape massing. Species, quantity, and sites shall be indicated for proposed iandiciping only. L .3 0 B. Any Othqr information that the Director of Comunitty0e10 is dams necessary to date' ins whether the Proposed consistent with this chapter. SECT IOM S. a�TI In the went that any of the property 0,,-,Opmt Standards required for the Conversion causes practical difficulties, an determined to be unnecessary or would result in exces'iv�ts Waive" e PUrnlns only -Co be made eay waive. reduce or amdify the raga for individual for parking, laundry facilities, storage provisions units, and noise and energy rsquirene ts. SECTIGM 6: COM9ERSIDN LIMIT MIOCEM A. MM Limit. The City shall appmria the corvarston of no more than one -half (y) the number of multi - family rental dwellings Added to the City's housing stock (i.e. dwAlling units completed and rcady for occupancy) daring the preceding year. in any one calendar yaAr. The mmber of multi - featly rental units added in one ycar shall be determined As follows: from January 1 through December 31, the total number of multi - family rental units given a final building in- spection and Occupancy Parma minus the m=ber of such units demolished, removed from the City, or converted to ran- residcntiat use. 0 14 e C If aPproval for a project expires Prior to recordation of the Final Tract Map for that project, the number of duelling units provided in the expired project shall be added to the allocation. in the calendar year of expiration. For a one-time only basis, this ordinance aluil establish ._ dwelling units available for conversion in 1990. B. Time Limit. Any multi - fsaily rental unit constructed aftrr the effective date of this ordinance $1hall be allowed to convert to condominivas subject to the pro- visions of this ordinance, five years from the data of the final occupancy of the project. SECTION 7: ACTION BY PLANNING COMIISSION A. The City shall make the following findings in addition to the findings otherwise required for a Tentative T -nct Map in order to approve a Tentative Tract Hap far the PurPUV of conversion: 1. the proposal is compatible with the objectives, policies, elements and Programs specified in tho General Plan and any applicable specific plan. L 2. the design or improvement of the project is con- t0 �9 sistent with applicable, general and spetifle plans. 0, • a, the proposal is consistent with the p,rp 3,.s of tnls =S chapter. 4. the proposal promotes with the health, se ety and welfare of the residents of the City. The action of the planning Comission is final vrless appealfed in writing to the City Council within fifteen (15) calendar days. SECTION 0: The ilayor shall sign this Ordinance and the City Clark shall attest to the saaw, and the City Ctork stall cause the saes to be publish.d witAn fifteen (15) days after its passage, at least once in The Gaily y-t , a am- Cagr of ganeral circulation publisted in the City of Ontario. California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this _„ day of , 1904. AYES: NOES: AOSEIR James C. frost, hayr.r ATTEST: U.oran 0• Mcssert:an, CSty Clerk CS. Y OF RANCHA CUCA310NGA IMIRML 01 UNDUM c DATE: reb rusry 3 'r^ , 1996 TO: Robert Rizzo, Assistant City ' �er FROM: Otto Kroutfl, Senior Flamer�`� SUWELr. LAW OSE RECCIOiMGATIOYS t THE CITIZENS ADVISORY per oaff � Initiated brthe Citizens :. Y mry Coewlssfann�s r*cOMndatias to the city Counel relatfvn to the city$: i'neral Plan: r11 10 IfBS - The CAC pass's a resolution recesea:rdteg substantial acress• re r'fw¢tfons in densft,v in all our restdentfal and nsa eatagorfes from Loy Midfus and higher. Agrfl 17 ISM - The City Council re!ars the Advisory COAMSSfon's Pluming emission for review and racoewendatfo. with Council review of the lesuas sduduled for itzy 15, 19ff5. Na 0 1985 - Z Flannfnq Coewissim revitws the various policy re c —ti rs;Tn! roaches cors'nsus lndfratfng that xrebe- the -board reduetfons of denslt,Y fn the etraral plan es recoewanded try the CAC would not of declrsbie at this ties. K wtvsr, As to the ravfning alteroatfves, than as a split vatw in the 'bsente of one Comissfaner. two votes fn support of alternative to look at sites on a case -by -case basis, and two votes in support of the no chasgt alternative. cwo ss an9 recap nd&ticoa Council egWuests A c rtMnstri 1takPatMLhi I ssue of aultf- fAsi,f unit growth with speclffc nforwatfon ref: steel of statf. The policy altematfves to be addressed and -brought back by staff for CovncfI eonsfdarstfOR include: A. The effect of financing tneentives and multf•fasfiy bonds on growth in the City; B. Controls on rate of growthigrowth imnagment; C. Ccntrols on davelopaent through up- grsded davtlopunt standards; end 0. ReductfOA of Qtnsftfei through reconsider: ion of the Oentral Plan in specified areas or efty -wide. t III Meeo to Sob Ri:to MCAC Lam use Recoiaendatlons Feb ary 3, 1906 Page 2 Au st 21 1473 - Following a lengthy renew of the n xTl oats not to pursue eay of the ilttrnct� n :senntt d. ~ Ths MGM" is to take ne action and mow foruerd on other busieets. The attached mterlais include k+y reports and oiautes for your nricw. Cif: jr CC: Drad Duller can Coteera g J ':'Ty OF R" - %CHO CUCAMONGA MEMOAA"614 ipru 10. 1985 rot Nkyor teed Hmedt#rs of city Coutul "nSM7 Cnaitato11 Nabors art gobert 1. ttue /1,/ Lasistsat to City fltseger. �frf� W1 =1 fad Ose /.potwsdatieas by gdvl2*77 Camisrlea !a`' %iaory c2missios at its throb 22, 1985 metisg r e11dN and tt the �lov4t9 lafet�atfos N forwarded to wing Ceaalssios for 4*sldomtl". the City Council The Ad�laory Casaisni*s t1ods ad 1'te*sseads u tillawst CWe ALSIn Kent ream bl*. rlatata a tva7 oarprorts.nt to :1tla City tows allowed the xostruatioe ,if larso asouata of high durity dwelling durlag the past Eye years. 4wopva" h Gnity d71✓ p*�tawitiag aproy. ts approved or the rianu Kgalt�ilw �:ra are tneosalateet with resource, act prate of thL C.rty, deteriorate ewer ,arleaa unseiuoedes of enwding. swift and aertoin Rasta Mat be placed an the peviiteratioe high deuity, dwellis9 Pv.,aW. Therefore, it L hereby LA Cotmo "tern t tbs Advisory Coatasl*n rocosneay to the City :*111¢9 otyt�aap as oCgthlsedC�4i n that the general plate and M allowable deruity rsa9ea y .seeded to affect a araada along the following Oddellnest Continued.... is C April 10, 1483 2 Lead Use tea acseedatLaaa NAM 2 slu Now Feorosfo t1 ao ehaaie ae dim, m ahacg• in 44 m MR w124 s7-6 g 2M30 10-13 = 19 or mrs 14-19 CU! i=M further that any Lala]aaoa tUa or••t•a L the industrial obwdi plaaa Should M idjWWW h onoeratal and UMLM' farther that the cat•pry arm represuts Iat•w• detolopmat, that it be pomtted •• N e,ote then 1/10 d if aoeditioaal usetu � land aM tmt It be oeatroued b all ticrABa or posit atsedsrds utioa deaaad aaelierstiaa er allater nigh deaaity to a degree that they free ew Sapaot ld the reaevreod lad adverse uffeats of �0'AL+e[ thea could a °a d"Lliag usit to he 4". .f Zr you lease feel f = NAY a weL6w �M regNie� thin rtter, iLtaAs .�.�war .•.nWr�. �'ti�±h.r.... »r. . »... wti...sM:w .. {N'�... C C 1 C DATE: TO: rROM: BT: SUBJECT: CRY OF RANCHO CUCKO \GA STAFF REPORT May 8, 1985 Chairsun and lksebers of the Planning, Comisslon Rick Gomot. City Planner Otto Kroutil, Senor Planner ef';v+ .f u LAW USE R WWm te, EtGMffNDATIOMS By THE CiTi2Fh5 AOYtSOAy 1. ABSTRACT. Thi► report Outlines CAC recommendations on General Plan ens y "reductions, and notes the implications. It also Provides policy options to be considered by the Comission. Staff is seeking policy direction only., for rttaemaandation to the City Council. I1. "aGROUMO: At a recent Citizens Adviscry Commission meeting, e reso ut on was passed recommending to the City Council a reconsideration of the residential categories in the City's General Plan. The CAC Resolution, Attached to this report as Exhibit •A•, recommends substantial across the board reductions in densities in all residential land use categories from low Medium and higher. Specific CAC reco mondations are noted below: Land Use GGaory Existing, pMEO Yl 0 2— irp'�an = L 2.4 No Change IN 4-8 5.6 M 8.14 7-9 IH 14 -24 10 -13 M 24 -30 14 -18 In addition, the CAC recomrsended that for densities above 19 urlts to the acre, a category of *Is (representing intense development), be created. This cateeggory would be parmittod on no more than 084- tenth of a percent (1e) of the residentially zoned land in the City and would be controlled by a Conditional Use Permit process, whiry would demand aamelioration of 411 effects of high density to a degree that they have no greater tact on the rasoureas and adverse affects of crowding than would one &.411ing unit per acres. The reasons for this recoamendation by the CAC are also stated in the resolution (please see resolv'cton for specific text). They Can be sua wrized as follows: ITL4 0 mw ° PLaNI NG COMNISSIOF TAFF REPORT CAC Land Use RecoA Jations Page f Has 1. Desire to maintain a rural environment in the City: 2. Construction of large e%Wnts of high density - projects in the past; �. Mueber of high density projects already approved; , 4. Too many such high density projects are inconsistent with the wishes of the residents of the City. The City Council has briefly considered the CAC resolution and referred the item to the Planning CommisSlan for review and recommendation on the general direction the City Council should We on this matter. The item is scheduled for Council review (basic policy issues only) at the May 15, IM City council meeting. IIi. ANALYSIS• The recommendations made by the CAC have far- reaching Vii�—itions affecting just about ail development related ern: under the City's jurisdiction. Adoption of the CAC recassendatlons as presented to the City would necessitate savor changes in the City's General Plan and other regulatory documents affecting �bilc policy. To Implement the recommendations, the following plans and documents w*u :S require modification: rem rall Pl�anl, Revisions to several mandated elwmts of the arEan elan would be required, including land use, cira:lation, housing, public safety, and recreation, to correct in imbalance between housing and comsercW /Industrial uses, to reassess demand for infrastructure sr.dify servic *, provisions, etc. The changes would be required to pprorovidt internal consistency among all mawiated General Plan elenrts. This would be a major effort involving substantial resources. Zonin osv icamsnt Oistricq M Modify designations for cons s ency with the ra an aa: assure balance among General Plan and zoning categories. catc�for est u assure Restructure onslstecy with generalmmPlan. Modify specific developoent standards to be reflective of new density ranges. Develop criteria for "I' designation as recommended by y C r PLANNING c tYlssiar/'TAFF REPORT CAC Land Use Racoad,,t+tlans Page i Il85 to the fYlctarfI Plarr4d� wau Othor ne u to 1" &Mftlon� to the regulatory docuMnts. the City proy9ras and long-term reassess its its c pital fsprovseent prp�I Parts districts prcvidi��servlces in4.he city ould special their long-range pi among and tsplw+nt+tla7. All these es then would require a CoordlnatW Mfart on the part of the City's vsr'ous dapartrmts and special districts. the CAC to* s ann Rill arfsslon Concur with LM r*COCMWatfons of effectively with all the nKessrrya cita c s and woo incorporate inc r da +t these changes into Fiscal 85-86 prograe year for City Ca:+dt review. IV. "alt1' eapre T Y ' should the Ceawlssfon Concur with so" of to* ratuctant to atteeot wholtsele Advisory s On but City's General Plan and related doev.entsI ether policy options Could density wi TMete options Could result in an overall reduction to density with particular emphasis on those areas the Cocalssfol eight Consider appropriate. The first gvastfon that must be answered is whether or Oat whatever the General Plan fOr dwtside of tthla pininedicmwnitfunailyaffecting in the area Ilovurned by the Devalop^19 % Coda). Staff will need $ Pe.tfic direction in this area. •allowing options: will' as fsadbsck on the PLANNING COtMISSIM TAFF REPORT CAC Land Use Rec .dations may C 1985 Page ; C %ion A: Reduction to, CHIC Lath Use Catasnrfrs poly m s wm id Inynlye rev tCw o B Y ua possible modifications. Since a use categories for CAC an densities above 19 du /ae;�xthecCOMISSfononcern to the m4y consider modifying the Pet and H cat wish to categories as follows: Des1 nattx Exlstln� Proposed " -s� aYIaC .R7- Jc Densitles above 19 du /ac permitted with specific findings only (CUP 1) H 24-30 du /ac 24-27 dv /ae Densities above 27 du /ac Permitted with specific findings only These sPraW a Initheahiggher danfly result tegin narrowing the the City route be in a position to require that the adverse affects of high density be aeel4orated through the application of specific mandatory findings. Staff will need specific direction as to whither this ayprosc:h is appropriate for and considered if revision so, . which land use c- tegorlas are to be -^• . ..... %.n3mng an Overall decrease to denafty world reassass the density doslppnations for all vacant resldtntltl mot yet approved for daeeldpment. This would Involve Y -sfte review of upper density designations in various cans. The attached Exhlbit -a- indicates all such land e the planned rre nlef -e ..._._.._ - -. -- . W-11. City "The 'CoC'myelssfon'maauy wish of yet consider o isder in of soar of these site - specific areas to lower density da Staff will need specific direction on this policy option tton C - COabinatton of A and t Above e uct on n ens ty ca egor as a_d site - specific locations) This would involve an assesseent of both iatd use utagory dectgmt /ons and site- ss",Cific locatlons, as described above. This Option has the potr+tlal cf reducing overall densities S rithont -jr changes in either the text and provisions of the pevelope..,"t Colt, or wholesale site- spaciTIC designation changes. r C �• 1.. -'f I`��`c.Cyq�. iii • . � - yl.�h. r C �• A PLAR1ING COMNISSIC' TAFF REPORT c CAC land Use Re�.dattons May 8 1985 Page i Staff will need direction as to the feasibility of this policy option. The final Polley alternative for :onafdtruten is no change. The Cacraission my select WS alternative if it feels the City's Central Plan and Oavelopmt Code are welt balanced and that no substantial changes are warranted. V. RECONiSHOATIONS: At this point, staff needs policy direction or,y— . "two icy ailernativos and optia:s available an noted below. fiitametfve 1: IIN a4sssity per CAC recareedattons.' Alternative Y: Meet density throuIh: djo—on F— Reduction in specific land u•.e categories only; or option C: BCtibinntlonnofiAeisI tine .areas only; or Alternative Y: No charge recommended It is respectfully requested that the Coeaisslon provide staff with specific policy direction to be forwardei to the City Council. w�ia�i�w «rw.r..;.w�r'.«w*+:+�.:+� .�w.rv.....w� .. «�a.ri• r '— CI'a 1 wr RA C:io cccaatoxcA , MEMORANDUM � Lpril to, 1995 } Tog Mayor and ttcabcrs of City Covaoll nwi Adaisory Csmisaiea Members lTr lobert a. Rizzo 00 Aasiatant to csty thmpr l7l=3 10r.1 pas R000mmAtums by adtitiory Coimalssica tha A that %141,172 Caassla at its hrh 28, 1904 Meeting recommended 19WLg inrormetlm be forvsrded to tbs City Council and Ylsmsiag Comission for oocstdsntion. The Advisory Caaiss:.oa rinds end - "Wnende as rollogr This City has 1ar6 deairad to mintasa a nrnl "VLVC=Mt to the SUIMM aataat feasible. This City !as allovad tba Construction or large isounts of blab denalty dv*Uiup during the past t%.o years. There are Y4T Cora high density dvelling projsota spyrovad or auai:ipg approval. Too sup. hto deaslty dss l M "190" are i+naasistent With the Wishes of the citizens of tus City, `atertorate our resources and pr'odum serious ccssequaeess or cmut;sg. Swift and oartain 11 to we be plscod on tba pmUfaration or high density &eulos projecco. Tbererore, it is hereby RL40LTO that tbs Advisory Caeaisalon rOcOmeMs to the City Council and ruining Cowdeairn that the aaanl plan and g u'dLeaaoes of tbis City be am'bdW eap to WOO a ch tzonino allouabls density naps along the relloWiag gcidsliaur Ceatlnued.... 4 e C I April to, KCS 2 Lend 030 Oeoa =eadattona mwt SIZE SIZE =1M aw PROPOSED TL so etan4e no sham 1 0chuga VA cha4p W H 0-14 7_9 !H 14-24 00.13 4 24-30 14-10 E 19 or M" COP OtSOLTEO rarther that gar j&""aco tics amates in the teraral aed 9100144 pla4s abmld be gdjratal by 4Vgaerotal acd iaduntriai *MCC". RMLM turtba• that the oate4on. .p, rap""Ats Iate4ee de"lopmot, that it t* paaitted an 0o tae tbas 1/10 of if of she residentisUr eased load sad that It be Castro" by oomldttoeai vas amt staadutla eat03 desrot asaltaq%lea of 011 effects of blo downy to a dopes that thy "V* as amter lapat an the roecwroas sad adrase affects of OrO"UC tb= %Vail Me dWoUin4 unit to the cote. Zr 7'001 ban &W puectlg= ar 0oaaa•ea repudi4 tttia aaet0r, pans feel Rae to aettaat n. g4tnh yy rlVM.uaL.,/!�(. t,Y i.31.1Mn v .J,i ti..i Iw n�l.Y.�,M. .ice NPI rf 1. _ in I •� •� +.ww. l ry'jL.0 r n 1• I W C ' a. I�� '� Ir�L rTTj � Y �iL ;7. ttna Mr• w/ t •� I fr�„ �� :� -�•1 • •�• Y y �-� LL ill rA ./ + ri .�r%�`ilj!l�� r�'•r..••�r 41'x! .�.J ••�'^'� I 4LU " w �• ' � -1 . � ... tai%' j1 r �w*wa r ......, :s , EXHIBIT ITS A t. lf. � f of rth - ••vvareo s m n "u�-� +vuG.° - A re4ues; to all Agri f+dlfty m the rorth sAro covers to �3treductfon f r� RartA 13� lndustrtal Park d�dj of 4th QeStreet east of Turner Aven Rick a If6S °feting.) gnalfen . APM 210- J71.03. (Contleua, �vnet City Planner, +nnmwceJ that these Items +DDispnt. ems had beer withdrawn by the 6y consensus, the Com+lstion accepted Withdrawal of the applfcatsons. lf1, gU r-SS, - - —It east of rureaI; Avenues utstric Rick SMIZ. City P1 APN 210 Env of this yftes �r'a A�Af East the +DDlfcant trarested Envlrory�yital Assessrent and oevel...t Rether therefore, fr 4�d' CG CGMIssfoj w• tonsensus, the CMilsfom removed the it ee frra the tho Agenda. +t A l+tar data. • ► • f o' ffsubmlttal 0 EntUt�S "" R� TS 0. L:.aU USE MALySIS Jtto Krouttl, Senior Planner, reviewed the staff rf7crt. Chairman Stout Irvfted public cove 'nt. Nfchael pa yee. expressed indu :try Association (erA)`N; s grtb then DroLatal BI�AgmWld considerr iitfg fonafssfon +xWidf! land use beh If sf the duildfng land use reductions. gatfon cause serious r Ants such as those Protodures Shat►q the City tpprov"° the Dropostd C►lanning Comefsswe minutes •N C Adyftoryr iEal" Phfl'lfps Nay, Daneho ,actors Cfiy dpas°dat: ens NNQ insult staid nce to thane who wprkN lit tot Protlm w,tjtt pcities t southern Calt%rnl,,. F t onr of In but to recaoeerd trYfng to Further t the f/ nest hrya Pleating, Public g4 to etty -N1de yp fnt°epatlbilltY the didn't have a needs to sttrM !y thzlrga And research v cub is which took in a ehr °Mn area, Plans and epnsi sa asurd• Pte advised that tYeir of Jig he lify dtr ha age on a Casey Sed th bass. Of the Mlifle�ePl �I^Yrnu� urged P',,,,ad t"4 use reductions behalf ChafrIm Stout felt U aAA�rov. of th on b the cart before the at =e Citizens �rtSar no Change alternat!ra, Should sfa take tea' �.retfw'rsdeat Ce�tl7 it3t ,3r asfcall g art out and start the D'ICl could not Y putttn Itartfcular sites in eti over, t„ stated that other planning ae that tY.o Ctty tfr,Ughout the Rntir.iC City on a :tse -by could agree wtupa�tsi throw Ct ='r conpern City would bz t 4 yronge MMI' but 1dons 1 at fast of the hngardfng the hlgb dmslty rot es aAnroac9, rdwith dons :ies re°tlnln Y sftet a • Ccroslesion stout Ponse to the raise denatti es. Cr that it ra alrea bufit -put and t •iris d thtt City Council th lie adrfsed thst his Assn the Pcllcy of this Cra ver e taPretion of Prafaanca coal tip re b tase.bY -ease buts. and fop ternatlyY M1N wad�rI to reC� �'nV to the regarding which areas are to he forth th3 fa'noil tQ adr!;e the ��isstnn �lssloner er s :udied, Code would bsRaefWire2asvlsed that not only lk slate) t'at ha•wouldn'tjyv"'d the SPecl /teCAlarniaral Ptah and DAvel �, but dtoa't think the Cit Drablera with lookf and PI and o0ment the CItY To•,ked at the pr.4, Y needed to rag at a site WC�nitfos, i pla be Preud. therefore, that lhtr s., of the co�rnt Y du ng f ' Fu her Coxs ' raferyr wa7tJ a that et' mw S of ,hick the City and adoption of liens can ConalSafoner rrenssnd the no change siternstfvd, spends a lot �of1lalStntad that sites o.Id ; falling Into Consideration en A 31t a� si° e b MW d�elo °nta6 t bCfu d a r falling in o th aug - Anent agree Itr sisilar to that of uaa 19tladGhigh de•+lit� r�apPfefer$ that all meant )one faalssle 'eet Currie pr "'gas De considered H g &✓inner was either a ikglal stated that Ills !Hier r concern was & Kithathe or no change [e oreta:13" was that the word • • the aleerna, rt That being the case, he would aeductiell a further stated Opt for the 'M Chia a It rna •rtcCnsfdaratfon.x tnge alternstIVA. Planning Co"ISSfon illnuttt .9- ��7ta MaY 0, 1905_11 ri C T ',111 �s Jin Marknan, C1ty Attorney, stated that he tndarsteed the 01A's canarn but t�1Y ehang:y 4n land use denzltfs �,cnld not be vaa oiarnlght, but *d be su 31et to advertised sublfe Mcrtngs before the lann!ng Coealsslon and city Cain il. Additionally. that an,, chin9es eontieered b the City would be unde the guidance of the Clty Attornay's o•)fice. Y Chainean Stout advised staff that the decision of the C�tss4p, leaned to M two C°missloncrs, himself and Curelisloner Chltfs, In support of the altarpative to look at sites on a 0818 by -case bests, and two Caaatssfoners, WNW Ind "*I, in support of the no change alternative. Otto Rrouttl, Senior Planner, aErfsed the CoeolSSlo» that staff Mu1d convey meeting. recasaendatlons o the City Council ii their Hey I5, 1905 a f f f • P. AEYiEY OF IAM TRAIL RE OiREMEHT3 FOR TIffATIVE TRACT 11112 Tan .i'i —nj pe�y low R sidinntiai Otslrt (less tArn ? d� /eel. l s�e°e the +w • -.side of Haramta Avenue, south of Almond Street . ApR 201 011.5, 6, 25, Xo, 3S; and 35. Dick Scott dP Woodland Pactfte stated concerns with on this tent9svve tract by the Trills Cea Ittae. traits re4ulreeunts placed Jig Harkr0, Cfty Attorney. advised that the Commission could listen to Mr. Scott thsa3etarePmatters suhitct3tospublic hearing. M not a 91yen at this Tentatls"Trtetfi29 20 eccieffs'On tr�et1geo ys regarding trails Ccaafasipn as A Public hearing. .off* ADJDURRlIEHT: Motion,: Moved by Stout, se..caded by 11:9iv1, un xtil rplrsly carried. t0 adjourn. I0:0 s.n. • planning by sj,etned. Ras eetfuliy submitted, Oep ty ecretary . Plamin..unmisslon Mir utes -10. May at 1965 ( any 1yA, '.'al. _ .�•_ •1�`lj�s - .n ....w. .. n.. .M1Ywn \4..... I.rkb.�..l��jj j1';�'L •I I CITY OF RANCHO CUCA(AJNCA STAFF RE TORT DATE: May 15, 1965 TO: Mayor and !testers of the City Counc: FROM: Rick Gomez, City Planner BY: Otto Kr6ut11, Senter Planner SUBJECT: L&MJSF, R£COte<EMDATlgN h' VMF CITIZENS ADVI,,OAV CNN' Recently, the City Council retested the Jity's Planning Comelssfon to develop policy recoe+oendations relative to the Citizens Advisory Commission recommendations on General Plan densities. As you know, the Citizens Advisory Commission recommended reamsfdaration of the residential categories in the City's General Plan. In summary, the CAC recommended that substantial across- the -board reductions iu General Plan densities be considered. The specific CAC recGawdations are noted below: Land Use Cat ory f m lattn Prop�osed -`a3— i%Ctasge L 2-4 Ko Change LM 4 -8 5-6 M 8 -14 7 -9 fel 14 -24 10 -13 11 24 -30 14-18 n addition, the Advisory Commission recommend., %bat for densities above 19 units to the acre, the Cate9o:y of 41" *presenting intense development) be created. This category would ba- twitted on no m Wo thorn one -tenth of a percent (.1%) of the residdetlafly zoned land to the Cikw aid would be controlled by a Conditional Use process. The reasons for there racamwndations ant outlined in the CAC Resolution attached to this repc: t. As perceived by the CAC, they are: (1) the desire to maintain a rural .nvirontent in the City, (2) construction of large amounts of high density projects in the past, (3) number of high density projects already approved, and (4) too many such high danslty projects are +namsista:t with the wishes of the residents of the City. Staff provided the Planning Cosission with a report, tneludlng an analysis of the implications of the proposed reductions (please see attached staff report), As part of the revienm, the Planning Commission considered the report, and several btsic policy alternatives. Again, these alternatives are described in dithil in the attached Planning Commission report. In summary, the alternatives dnich wore considered by the :leaning Ceraisalon are noted belewi C C CiTY COU:ICII STA --F RP MT Lard Use Raca:aendalk s by the :AC +ti Nay 15, 1985 Page 2 Alternative 1: Reduce density per CAC retamaendattons. Allernattvu 2:, Redvte dcrsity through, Lion A: Reduction in specific land use categories only. lion S: Reduction 'd site specific areas only; or Lion C: Combivthw of A It It 14%ta. Alternative 3: ib champ recomaerAmt to tiv: Ci:y's Gener,i MAO. }NG CDN!it5StfW DISCUSSION I,@ co mission discussed thG :xtter at length, and reached the consensus on a nwebar of time as noted below: o The ity should respect its previous commitments relative to approved doe lsdeveloipmente andenareuwbjects,t: Develorpment Agreralent.. o The City's .entral Plan end Development r+de are the result of many yetr, of comprehensive planning, public hearings, and affort ty many individuals; residents, publac officials and the private sector. Though soma DOW *cations 01i ht be appropriate. lont Codeowould not besdeslrablb the General Plan erd PLP—wj %% MISSION RECOIp4 MATIONS Though t,e CommlWon reschod the conscnsus on the +tams above, there was a split vote (in t<:e absen x: of one Commissioner) ds to the specific recommendation to to forwal*j o the City 'ouneil. Consarvently, the following is prePAlted for tour :4mvidera: eltz We vatat for Alternative 3t No cheeps teconcieded. This would In effect confirm ?ha validity of the City's current General Plan and Jevelopwnt Code. l.as vptu: for Alternative 2, option t: Rwluction of Density thn'lh weslderation of site specifle areas only. This would result ,n possl?:le reduction ir, densities through the reassessment of specific dansity designations for all vacaat residential land not yet 3rprovad or othtmtise eoeeited for drieloprwt. Part of the enelysis would to a site -by -site revimt of Mar density designations in site $Peoific areas In various locations. N C111f COUNCIL STAFF grgt Land Use Rtcomr: is by the CAC May 13, 1985 Page 3 RECON%ROMON Staff is respectfullyy requesting specific Policy ofrection, either confirming the Planning Ccaaission's position or selecting froe tin othOI JIttrnatilidWailabla. Attach mt: Planning C*mission Staff Repot Exhibit '.Y - CAC Resuluti -a Exhibit IS* - Vacant uaccawitted land subject to the Derclr meet Cale. • •- '�y`i�'. `a°i: �r?!r!'ti`.w.'ve4:°r ^.� �.w w • =.v.� -. .....il.w .• ��:, I e m hSa •9 , (fir. 4944 Jas► tat. Caoa.iill :Snleaaaat all "ler, .thee tNn wry ta> ra4ut" le• "t' as N feceP ". w ww daft i 41919: of at Yftltw ailrNltn 90488 up cbr pletfti. 4e4 1197 wall tilt N ""It alts"'tea to f W ti pvlN •1'14 " e sutle t. i.► tr"r!e 4a state is got let (" an eau NI,%r1' n Area it het C"cities's "I. we tweet"VaiN Ya0 Joe Jatfte. , MILS: vahgl 17 Jett. rynnd'd toM 1. a.tecam scale t9 11s'.1 .,tar.lt. /afss4. w tot 11.47111 fn W f «nQ. 1 lit s tarl"la"tttefnlfl3.0. •Y91.9 ' M. attl 17 tt�aftwl, y';tiljii±if7• Wiw el Mla.t fiat. M4tlad y W IlaelH twLLao Y Wlttan ]U'YY'Mlt {wta as lane e". Itry 1eYi.' Y9 "Ar all 4/Ylalt• •'f.ticalK'a tuff ryart ri's JNtt It, 4710 y t+astli, teu•r R"lat. entWt•, '0491 01MU t 'Xi ate "ties fee /91114 1 • /1t. 'lict!'Wt eYtalt ee »I D!e last, acamet N talfax". "Its lilt ass, It tx'la t "aft" "lo use "Wood rywArd la 1.114 at ne q3- f 14142' if a Nv.t�rr it Mail, 141441 tut 4 4.aI'm Ou WNW t ua etdtt0 r'o, "s um *1;&" '44". j to dwelMlH. j Nubtat S.... -.we tf W fu. 1 JA Scou. Wl1e'a o/ W Ye:Iwl Gnt4ala. ' I Jeff tsafaaea. fill nilll/o tap. ftwet fact. ttliNa L7se Iwpap• I there Nlat " fauw antra" era W ►NIN. Corot crate cl"ct the Nnla beryl" of W "tie ". • Mf=s NawM y Ntult' 'n"Ict ' t)) Nit a direct alf to /wl►ra fee et citl a"til to N Ste" apatite cat" It 13.14. she ae 73-10 deari- ita •"1"let t►ae la Naala/wt epos "ata. tt 4449 at Wet atl ryf't uuw " {be twortal comust" 1 CM The edtleay CIme'Inl" a ltYwlect rye• Nit to lam sly aoesl'l 0 steel dn14i". ?"read"e aw "fetitw Nat Lwt"n" Wt " lame CR Iooatl7 N/+sa aub Ibt l" antra walaast // $'t r �aYa tY i1�J71, {»tfatn t• y Ixa" twang at IN a y. Wee'e r q"nl. �• •aaast M. Jy1tD SRSIe aest� tt/4IM1 pwct by Uhl.'1ee.d.d by *[tit to atteride W Pupwte tip ' 4"asdM'tt N u• Joist /waa "holy, uWlat {t11",413 trite ftrsoN. ge t": e "auatfl/ 3 f• fee. a• 40- S tF, N(Nta tgr "wN abet w allele a.-t l C"IC "r, r" Me tMGt. -H /9ae •.a adattl" of ¢ ;yyy Y ti {: 7,`�S=�Y�-tiw'I '�.'�7.':e, +fA e' - .e _' 1, ti,, ••t�l.{fC'1 �'} t41ff'�nN 1J'A1l`'U�in�Y' KiY4,lN t•FJ: n...Miw1^� t+e+rc •• � -44 � " � •+•� • � W ~ 17 t vl��'iJJ(/tyy°',.ud' • CITY OF RANCHO CUCLONGA STk, :�F REPORT DATE- Adgust 21, 1985 10: Nmyor and Wabers of the City Council FROM: Otto Kroutil, Smfor Planner SUBJECT* CONSIOERATiON CF ;-ISSIBI. CONTROLS 04 MULTIPLE FAMILY 1. ABSTRACT• Cris report con:cins information requested by the City �1 OR Possible aT ways to improve the City's Controls on financing incentives, rroovth etna eeemt and presented include the Gmertl Plan er Oevel 9 ista staff a requesting to direction :s to the alternatives �tte explored Standards. Sttf i. requesting azplared ft.rLLYr. Il, B AGRCM -' Omar the Caur a of the t several months, concerns over the rapid growth of mltiPls fatly h ,sing, and Vtomts in particular, have been noted by tee Crt, Co v,efl. On d'rforent oeeasfons, members of the Coo-c-41 req" ed thst staff provide lnformatfon dealing with the renar of aierWent unitz auil% and Planned In and Calitderat oe of ctn Q9 lc" O Multiinaths Cbond , In addition, on May Is, 1985 the City Council reviewed recommendations ll {ds relative reconserat as at overall General plan ensitie, as recommended by the Citizens Advisory Cerasfsslon. The Planning Coemisslon discussed the General Plan issue at Tmith. and recoirnded a.,ime• .�W' cae Iana:ssion felt Such Aodfficatfons should be p- --- --- a site -by -site review ,vW analysts of upper den icy deaignatased In various areas of tEn Ciw. Of To dthesi nttets, acatlkr,ast ff was rtr usted City combitne thosi rartaus Items into .e rare cosprwhenst a report, outltnirt7 the possibtt alternatives the City has available to deal with the question of multi - family housing to a Comprehensive fashion. Tim: Purpose of this report is to present all these alternatives. 'i�� '3 ids! � .M t. ' -in,y. • . -;'l , . ��." •-T., '. �7: I�•w•Y M�I•MSMYY.Jj`Y.Yr +•�,rO• a iJ.JI 11�.. J • .. til]'.�OS'Y� -'11'h .1 ♦. u.. .• 4r .• rte, ••(.y,y� r W,_ ,+ - ff v'R �, r C F-1 . CITY COUIUL STAR. :Poor Multiple Fail] y oi lops4.,t `u9 s2 21, 1985 ill. ALTCMMATIVES• m There are mccerous alternatiros available to dear with the rare, roluae, and quality of multi- faeily housing in thri Ciiy. hosed on the Council's request, the following are presented in itris reports 1. Financing ire.ntives/witi- ,'Cady bonds, 2. Controls ,u •Rte of 9r•o,4, /9rcwth muutgsrent; 3. Controls on development through ujgraded development standards (including stniaxrs ;welling sizes;; end, 4. Reduction of donsttyy through rea.msideration of the Gantral Plan in Spec- fied areas. Each one of these attnrnstives is addressed in the following sections of the rtport. In the interest of clarity, ;red to allow comparisons Wong the Varims Mlternatives, each optis".s is presumed in a separate section of its rer-ort. Addi:iueal supporting inforution is attarhed in the fnne 3f an api"dix. r_ w 1I 1, r y T Ewa L'lT" COUNCIL STdrtt�f�-poaT halt ' q Family Old- lopaent \ Pugu. A. Is$$ Pegg 3 Trwign it cannot be stated that the availability oati of construction C *inancf. mates Possiole ccnstruc,fon of projects which could not otherwise be built, it is clear that multi - family bands have had s substantial inducowt affaet on the construction of such hajsfn9. It un only be assumed that the aliminatica of multi - family borw construction financing would he.a a s4bstantial 0.4arating effect at apartment growth, y t 2. aClrtsaoe Reveew Bonds Unlike the construction bonds desc•ibed ibove, Xortgaagqee 14venua Bonds are UPW to lower emrtgage rates for irdtvidu 1 h bbyyyyoorrs� In Rancho Cueasanga, 1•artgap• Ravens s " us�ucetnfull ppreduminantt with single family projects. However, severalyW tiPle family PmJects, built' &La sold as condominium, are also a part of the program, the adva"L" of this Program Is in the reduced mmrtgagg,ratws, ,rA comse4uentiy the reduced mw.thly mortgage payment.. for the 1Mtvidwal hen buyers, 7lW'•buildplr also beeefits in thgt prolgcts with available below wrket rata fimagmg arcO"Ier Yt to $molt amd an cwnse"tiy lwus risky to dewie*.-, W Ww`t YNw+. t1l, ..1111.!1. - M .1 •.� w•... AlV•..•Y�'1 i� ALiFAAATIYF A. Ftawtcl ImC..Ky'Ej%LTi.,'MILY g01O5: Sabsida•_ -f gom sort. 1.6 local, federal and /or state, have Played an important part in ch2 dgvalopment of multi- faally housing .,fH• in Rancho Cw+wmwrlgi Sim 1070. For the purposes of this discussion, those subsidies den bu classifltd u follows: + 1. ltultl- FasAIY tAllitroctlfYlrl ton6t� . This techni"a is used tw provide lower interest construction lotus for the buildars of various multi•frily p- ojacts. The reduced ieterast rate is passible through the issuance of tax fra bonds. The City's iRvOIVmaent in this procoss is through the fsSUVKa of an indutemsat resolution which is nacusar7 for the bonds to Obtain tax 'free status. To date, the City has ppassed %;" tnduemaagt nrolutiOns Only to,* senior housing; howvmr tlx+ County of San Nrnardino has passed iadoe mamt resolutions for construction, +v of othv multi- fam. projects in Rancho Cucamonga under a cooperative mgreeant with the city, 'he lder'ss ability to build construction produccttdforilas.ngin turn, In under state and federal requirmwnts, 20% of ehg units so flnanu; Past be made available to people of low tat moderato income (in " dollars, this translates W :a annual household income . of about 520,800 for : fwily of 4). Trwign it cannot be stated that the availability oati of construction C *inancf. mates Possiole ccnstruc,fon of projects which could not otherwise be built, it is clear that multi - family bands have had s substantial inducowt affaet on the construction of such hajsfn9. It un only be assumed that the aliminatica of multi - family borw construction financing would he.a a s4bstantial 0.4arating effect at apartment growth, y t 2. aClrtsaoe Reveew Bonds Unlike the construction bonds desc•ibed ibove, Xortgaagqee 14venua Bonds are UPW to lower emrtgage rates for irdtvidu 1 h bbyyyyoorrs� In Rancho Cueasanga, 1•artgap• Ravens s " us�ucetnfull ppreduminantt with single family projects. However, severalyW tiPle family PmJects, built' &La sold as condominium, are also a part of the program, the adva"L" of this Program Is in the reduced mmrtgagg,ratws, ,rA comse4uentiy the reduced mw.thly mortgage payment.. for the 1Mtvidwal hen buyers, 7lW'•buildplr also beeefits in thgt prolgcts with available below wrket rata fimagmg arcO"Ier Yt to $molt amd an cwnse"tiy lwus risky to dewie*.-, W Ww`t YNw+. t1l, ..1111.!1. - M .1 •.� w•... AlV•..•Y�'1 C C CITY COMCIL STAFii 'Pont Multiple Fm►tly Be Iopatnt August Page gust 21, 1985 This program aoplies to Ior• orohase units and and predom4nantly to single family rev ences, a s Probably outside the accpe of the Councils request. Modlflutlon o this Prc }ram would also have a substantial effect ca future single- family housing. ]. Senior ibusine Subsidies Senior Housing has rat been an issue of concern in the past. This discussion is only included to complete the picture. The Cit. uses Its Senior Housing overlay District to conjunctiron with Developm"t l{greemants as a toot to provide adequate affordable housing for senior citizens. Atoo Senior Overlay provisions allow the City t provide various fncentfvas to builders of S"for projects, from financial Participation in en yrojeet 1w'rovaWts. availability of bond financing, to guarantees to keepsthe rental rateipai� below rket�levilalfor a Speeiffed period of tier. 4. Other Subsidies Other subsides include Section 8 financing and other state and federal programs for lover income houslna. Host of these are outside the City's jurisdiction and scope of direct control. i" existing City policy 9 in limits the concentratfon of 'over income housing to 20Y in any one project. In the future, the C1ty will have an opPortunite t consent on location and development of such projects. +SUMMY: since 1978, 2110 muti•faafly units have been built Cr are 1132 (1.es9abomutt i54%) have waived t� sort of tspecfa11financing tncentfres. Thou h a cause and effect established. it is apparent t would not have been built wit particular concern with the Ca fatly rental hoasing, a ernfh femtly eonstroetlwn bonds would PA has recently bean eaten 1988 and fanding increased 1 available options Include: l�n firmly relationship ttiawber of unt out some sort of subsidy. If a well is tits avatlablity of multl- utfon of CauMCI, Valley an multi. ad y stet life Of January $1.5 Billion statewide. The A. Eiimfnatien of future witfpia City; or •family bonds for use In the B. Itsuance of Inducement Resolutions for eultt- feel ly bonds on a " ver I tatted basis, i.e. far projects designed under tpaef /tnd cr tar a or 'In nci lafar locations. Staff could prepare such crlterta for Council's review Y aPproprfate. CITY COUICIL STAFY 'FORT ilultlple Family D&wlop=nt August 21, 19115 Page 5 AITERMTIYE 3. CWT1lO1.S ON RATE OF GRGIrtf1 Consideration and ultimate adoption of a Growth KaMgatent Ordinance would affect. the pace at which development is permitted i; ;. to occur. However, growth management controls would pvrobably have a very limited effect on the total ultimate buildcut of the community. Controls aw the rate of growth are limited by the Government Code to rather specific conditions, and must be tied directly into the City's inability to meet required public services or facilities -' through the normal development recess. The attached moo by the City Attorney (Appendix 1) explores the issue in greater detail; however, the major points are summarized telow: _ 1. M ordinance limiting the Camber of dwelling units to be constructed in a given period must be based on findings that the promotion of pitbiic health, safety and welfare necessitates such growth caltroTs; 2. Such controls are necessary to meet specified public service or facility needs (such as sewers, schools, etc.); 3. There is no authority for a Growth Hamgemont Ordinance which 0 does nothing more than create a balance between multi= amlly red single family drillings; and 4. There mast be an overall public Infrastructure or public service need the us es growth managwmt controls for all housing, not just any one type in any given area. According to the City Attorney's analysis, it is apparent that the City would first need to demonstrate a significant problem with the provision of services to all r Wdes,tial development including single family. Only after establishing the City's inability to provide adequate pub to servicai through the normal review proceso could a formula be established in effect creating an allotment among the various residential M-pts (i.e. single family, spartzents, condominiums. etc.). Again, such an allotment would need to reflect a tangible relationship between unit type and its demand an specified public services. tw summary, controls an the rate of growth are only possiblo under a growth nano mint ordinance affecting in some way all residential development in the City. Given the effect on ifngls family housing this alternative does not appear to be the most appropriate tool to deal with the issue of multi -feetly housing. Vol �eN CITY CO07CiL STAFr -POIT Multiple Family 0� „lOpment August 21, INS 9< 6 ALTEAMATIYE C. CtNiMMS ON oEYpppp T _- nom+ u"�A6ta I�trx ' Ilpgradln Projectsgcould sfftcct the e7opment Standards for multiple fallly levels, depending on the Paces � he ultimate bulld4ut This section provides M Outline of rrJlsfons to the DevaTnpeent Standards which could be conslderetl. Topics the include: sepiretl n, recreation 1 ef�e�K pa;o requlreeents, byll�ding ufldfemaits and building code provisions With uce�tloaParki� ! building code, all of the sections Code. Stellar ANWNMants could be pertain to orN Oevela9 ent Specific Plan and thw Terra Cool and Victoria Planned the Etlwanda wfthfn the lialtatfon set forth ty Prevfows agraima is. nleras, DeeIllna Unit Sizes Mu?if ole Faatiw: A sample survey of nearly 2,000 multi. fan11 constructed and available for root was conducted its recently ± elx AS indicated range h dwliw?, unit sizes, average three,, Wj tint C the following table. NEW KX.TI- FAMILY MIS 6CR AEMi MIT SiZE Me MIX St! LI-9dne No. of OU's (1917 Total) 660 1093 112 % of Total Units K [i.e. unit nix) M g Size Range 475 -S0/ 590 -790 sq! -ft. sq. ft Sq. ft. Sq. Sq. ft. sv. ft. Average Size 493 670 sq. ft. sq, ••. 883 /t. s176 q 1t. foal ly unpIS.t Code does not establish a sfnlnmu size for fanny welts. Therofora, considering the information multi- unit unl! sizes could be established, possibly based onWthe a C number of bedroom, 1f Wroprfate. A CiTY Cot!•ICIL STAFF- -PORT Multiple Family Dk,.Iopnmt P 9 st 21, WS Oielliro Onit Stzas /Single Family A related it" requested for Council consideration is minimum sizes for sicple family hoar$. ThTh_mgh this ?tae does not directly relate to t'» Issue of multiple fdelly housing, it could be considered in ceefuactton with size ltmitatlen$ on multiple family units should W Council so desire. The Development Code currently has a goo square foot minimum standard, unless a CUP is approved for smaller units. A survey of unit sizes approved by the City in the three single family districts (VL, L, LN) indicated the following typical ranges: LM District t 900 -1600 iq. ft. YL Distric District * 1200-1M sq. 1000 sq.ft. if up An eaception to this is the smallest pass of Victoria, with some 760 square foot homes built prior to the adoption of the goo square feat minimum standard. The results of a Rhona survey of the minas of Chino, Irvine, Fontana, Montclair, Ontario and Upland are attached in Appendix C. Controls On minima dwelling unit size vary based an local conditions +cad policy,. they vary from rather restrictive (Upland), to no standards at all (Irvine, Chino). Though it has no minimum standards currently fn affect, Chino is now considering mlniew dwelling unit standards. Mew standards for minima unit size could be established with Council's direction, either for all residential types, or for multiple family units enly. Open Spun M--aeiresents The Development Coda currently requires 30% common open specs for multi -family projects under the taste Development Standards, and 35% common open apace for multi -family projects pp roved under the rpsquiiraementS (Patios or baiconies)Irangallr 150 space ground floor units and st t0 150 square feat for upper story units, depending on the district. Increasing the open space requirements could be considered. Additions? arse for pen space amenities would also be provided. The result would be a proportional reduction of parking and building areas, thecretically resulting in reduced density. In practice, increased open space requirements would also encourage larger, M -Ser and ears massi4s buildings such as *stacked flats" versus townhellsa style development or for more efficient use of land. • "TY COUNCIL STAF '� lfultiPle Famt1Z O POgi lPORT August 21, 1982 { Page a C and R�9ardfng Prfvatt open space.thittturr unld 1q +4fusted. Particularly for be noted ent stuidardsfarQ Wstalrs units. W'fidin It station 9ererous, The 0pqq SetGaeks atablis sal Development Projects. eo eclnia" building of the Development Code to side ., ings alnd Standards - dgyfret35rfly�se101, oulti- anvil to fro-it. feet s4paratfon far bulidings fecfag front side A ninleuo standard for bufidfng seoaratfon 6ssad nn the structure Could be established /or thk Standards, the Might of Optional OevalopWt only �ffeett of of tMalil and ene �1E1 -fseSl wfthfn 100 _ the Interior 1ti Ofstr its. '-fa Ooundarfes o. a Provision S standard could ProJxt. story units t along street fronts2ci tic facing equtre Uee- • however would also r C City. oro++iernot wren id rAT, J by tod�Y single family City, Y Projects f"rOved by the pecratfonat Aeenitlet Under the Optional Oavcl Me aspiciff:stitutr��na Poaldor a tot lot and open yard facfi Nils. exist fa tennis court and required, the number Mcreatfon A ratio be estabiished 1 aeenftles b+sed 0 the and hathin facilities of Units within ithin argyDor of and handJall courts °Ir lneludo a Pool, spa. within Project. Open yard area with sint�ldl• reerHtg tennis ' volleybail, the burden facilities within all Ons. This roQe• •ot lot the burden on City multf -fwll would cstu" cdequtta of Projects built. fac111tfos and also tfrect G eroJeets tixl wduce Oesfgn 0 -t= gUANY and types family eeYUilt ens Code Includes x�etatlons forit�trre of aa�itl- haever, are The design _ eost Comm generally less than for Condominium t st- uetures, one -level unit type of +aartaegi archfte ^Curt 1s staekrl flats' Plated aver ftkntfeal are less +Ppislin itround floor (f• The normally ,0* two-stor Units ri anhlteeturally that units). These the use, stociated wit ntrsAfo unit tf- 0 -31de , i�h017M'41 -style though thfs is rot always CITY COU7CIL STA;Fr MAT Multiple Family .lopment Angust 21, 1985 P4ge 9 C Design requirammts could De establfsheo which discourage stacked flats unless dell 9"'i to high quality standards with significant variation of rnof halght, fcra, and architectural planes, Oark t_ng� Ikvelopcent Code Separatay apartaants and tanhousa /condo parkt. rargin ally l The n shown of parking spaces for apartment w�llt is marginally lower as shaven on the chart below: CItf W PARKING REQUIREMENTS SPACES PER MIT ertments Tamhouss /COnQots Studio 1.3 1.3 1 84drann 1.3 1.5 2 Bedroom 1.6 1.8 3 Bedroom 1.7 2.0 4 Bedroom 1.9 2.0 Visitor 1.0 per 4 0U -s 1.0 per 4 DU's The parking reirilromts for apartments could be adjusted. If condos, this dwouid w^timtnatrtical site that Of planning L f,t or apartments, depanding go the unit mix. Currently, one covered space In a garage or ca ort 1s rpufred for 411 multi-1`8011Y Projects. This stan a cou be changed to t1du9ra garages for townhouses /condos and/or apartments. Building Code Provlsf_ns The Wfors Buttdfng Code his separate requirements for attached dwellings only if units are separated by actual rt lines. Attached units euy be plated side by side (town pees or one a g6—VA. the other (stacked). To mean individual ownership of units (versus apartmU) Attached units ay be separated by Property tines or air space . given the side by side configuration of townhoses, property lines CAM be located between units. Units separated Ey prcperty lines have stringent building code requtrasents for fire walls, and separate services, such fr sewer, crater, gas and upgraded electrlcel capacity. Y�f.SgY .a1Y M. r I.4MVI .r. .• ♦. +WN , r�\i ,.. � •'`. •• `• 'C CIil COOCIL STAFr 'pOgT Mutlaple Family 0 .lopzAnt 9ages1021, 1985 different floors, soa afar ti ,7acaa ispusoedrtoo dtnidc cowwnership. Thee Building the standards are Identical whhetherlor not units are sold individually as condos or anted as apartments. basalState 1eglslatlon limits local amyidsentt to the Building Code i- tatlonal criteria sucph as ciisgte, geology, and the reseirehhrouCode, pgraddiingsMY Building Code requirements, a legs al aaoepl tshed. SIMLtRY• Of all the DevelepmelIt Standard revisions noted the 70-l1gwfn9 appear to be the nest feasible: 1. Consideration of mini"I dwelling unit size, by number of bedrom. 2. One -story building height limits an multiple family pro teels along Watt frontages facing single fMily /one story housing. 3. LpgradW design requirements for 'stacked flats•. Ct, Modification in apartment parking requirements. I CITY COMM STAtrtPOtT ►Lltiple Faally DDdd Sopaent August 21, 1985 Page 11 ALTUMMIE D. 11 fiE01 null Dr DEIKiTV TMODW = KTO TIM or keductions of densit in specified areas is an slternativp which would davelopml i t. Sucb reuxtions� way also have anefi,eclttion th4arate of construction, through limited availnbiiity orl appropriately designated land In specific areas. This section provides a description 01' multi- family residential 6ropert in the Nedfuo. M and 1119h a 111gh Rtsic4ntfal istrfc s. The Information 1s broken Awn into five pplarning areas for Alta Lou. Coca "&, Etiwanda, Terra Vista and Victoria. The Cary" Planned Cammnfty is not included as it contains no land designated for owlti- family use. land UThe tl atie areas. vacant tWbi daignson inachof the five Et Of km6ars nadd¢ten,aecond o account for previous Planning Commission approval of multi - family Projects; the number of acre ` 1n ptrenthc:as and maps indicate vacant or developable multiple family land not subject to prior final City approvals (f.e. Tract Naps, Development Approvals). The intent is to rovide the Council with information on vacant land designated out not yet approved for multiple family development. .c `+ C1TY COMIL STAF4r0AT Multiple Family 6 p " .loimcnt August 21, 1985 Page 12 je- gi VL • =-� �� 1'L , u j $ r. w L �. 7 � l i •1 ��}I!1•(ija��Ly'9]`��. t M w •• L. Lies, PC T 1 at 167J�K, .I use k I Hume Yw ' K i i 11��• t Y9� 4j# LAa nil=tl .t•" 'i' /, -- `i'lil t•sc�s'�. ':�� Alta Lon PTAmtnq Area APPROMPATE VACANT AREAS OF MULTI - FAMILY ZOno LARD Vacant (Without Final City Approvals) Medium (8 -14 du /ac) 120 78 Medium-1413h hTOTALOAdu/ac) du /ae) 1 0 0 It is taportant to note that a substanttrl portion of multi- family property In Alta Lou was considered for possible land use thanes during the 19th Street Corridor Study. As a result of the study, I several sites along 19th Street wen reduced in density. The table olraady reflects these reductions. • J eMCITY iplFaIly s21, 194 a t70Ri Pigs 13 Oa'tn t 4� Lr =r' psi-• � �! . ; ? ' 1 %� i , 1 '�i. f �� j. � ' L 4 ! :. y� `i1' 7Jµ - •� i t' r ^�.•d (,� Al .t"• • Pc W c� y'a- ac GC AV Aft i LY Lap. IrI M 1.M . 8.n CLea•ee i Plmnin� f . APPROXIMATE VACW MULTI -F"Zty ZOREO LMOUF kdfu (dg -14 du /�e VC&nt (Ufthout Final efty �bProvais) kM9h (21 h (144'd°Aej 1,5 123 TOTAL ACRES 0 o a 1.r w l I C C4 L CITY COWtCIL STAFr 9OaT l Multiple Family a lo;cent August 21, 1935 OT 4. Etiraeda Fla4eins Amt APPRWIHATE VACANT ACRES OF MMI I- FAMILY ZONED LARD Vacant (Without Final City Approvals) MedluP (5 -14 du/ac) 143 125 Medium-Hit (14 -24 du /ac) 0 0 High (25 -3f1 du/ac) 0 0 TOTAL A00143 (125) The higghest denslty ppermitted' -in the Etixanda 4,,aeifie Dian is Medlun Restdantisl {8 -14 du/ac). s, CITY COU'ICIL STAF// 'PORT / multiple Fm!1y D!.- ImAent August 21, 1455 Page 15 Terra Yfstk P1MLPI A►N A;,- ?nXIMATE YACMT :.ORES OF MULTI- :�--I4Y 7-'gEO LAND Vacant (Without Final City Approvals) Yadfu 4 -14 du /ac) 224 111 Medlin -h1yh (14 -24 du /ac) 65 65 Nigh (24 -30 dulac) 71 71 TOTAL AMES360 (252) In Terra Vista, the Medlue Residential cateeggoory his a range of 4 to 14 units per are vertu: 8 to 14. Wfth the lower range, a Significant portion of Ndfua Residential property has been approved and/or constructed as single f4411y how,, however, the overall - brlldout within the Planned CoMmunity rsssins the seen by building at the higher and of the range within ■uitt -fatly protects. N A C CITY COO.CCIL STAFr i /4ltiole Family D alopment August 21, 1985 Page 16 Y i rY . A-11 - . - 1" ism" C r..W Y � I) Victoria /laMltM Area = APPROXUOATE VACANT ACRES OF MJLTI- FAMILY ZONED LAND Vacant (Without Final City Approvals) 2SI (251) Hadium liedltn-H1gh4(14-24 )du /ac) 125 125 Nigh (24 -30 du /ac) 52 52 TOTAL ACRES4T1 (428) Development in the Victoria Planned Community has occurred in the Low Residantial (2-4 du /ac) and Low - Medium Residential (4-8 du /ac) categories. As of this date, no multi - family projects have received approval. c Includes approximately 73 acres not vithin Planned Corunity Boundaries -r `< CITY COXICIL STAFr IPORT C Hultlple Family M.9lopmmt August 21, 1905 Page 17 1. . The preceding infcMtlon focuses on multipls family dtsignated land not yet comited to dmlalopewmlt through tentative nap or similar approvals. It should be rated that in the Planned Ce munity areas, i.e. Terra Vista and Victorts, the City has side previous eomitments relative to ultimate level of development thrw9h binding agrQ~ts. The City's ability to modify previously approved land uses in the planned Camnity areas is severely restricted. However, staff could re- ezaine existing H, iH, and H land use dasi;actia:s in the Alta L'aea; Cucmcnga, and Etiwanda areas if so directed by the City Council. IV. Siast4tV F AYAS[A!SLE ALTERMATSYES: Esch of the alternatives out Cr s report rem to a slightly different set of problems and say be used individually or in cmijunction with other snlotions. Though by as mans complete, the summary below is intended to provide a format for discussion. Host of other options can of courts be added if desired. The options for consideration include the following: A. romalirs city ;..11cy on multiple family financing cnrough: 1. Elimination of future multiple Roily bids; or 2. Limitation of such bonds to roecified circumstances; or 8. Consider a new grow' -+ aanagewsnt policy which may affect in some way all residential development; or C. Consider modification to eztstin9 development standards, with possible foam on minimum dwelling sizes, park :cg v4 ottRr provisions; or D. Consider modifications to the Ltnd Use Element of the General Plan in specified planning areas or City -wlde. V. Otto Krou Srntor P n gt:jr AttaehaxnU It is recommended that the Council review the ted in this Wort and provide staff with C R siY OF RANCHO CUCAMO17G• °94 MM 6EYELOMENT 6E?E. JUL 2 G 1985 z ilh1hU u,i sh3AS o i ("Ayox0i, r.aw. mss e.L..Lwro..w elws•roe. nn.. sw•..a Mnopmrcu! TO: Jack Lam. Community 6vslopeent Director. City of Rancho Cucamonga [ROY! Jaocs L. Markman, City Attorney DATEDL July 25, 1985 REs Criteria for imposition of growth ssenagemsent control on housing in Rancho Cucamonga This memorandum is in response to tho Council's request for input on the possibility of controlling apartment build -nits as ecoparad to single family build--outs through a growth management ordinance. As a beginning point, the rather C sparse statutory authority for a growth management ordinance Is stated in California Government Coda Section 65863.6, a copy of which is attached to this memorandum. The section states that any crdinanrs :smiting the number of housing units which may ass const.ructad annually must contain find- ings as to the public health, safety and welfare items which are promoted by the adoption of such an or".•inance which in turn justifies reducing housing opportunities in the region in question. One clear enamyle of such an ordinance which has been adopted is found in Pacifica Corporation v. City of Camarillo (1983), 149 Cal. App. 7 am attacs ng a u copy of that case for your consideration. The came really turns on procedural que.%ticns raised by a particular developer who was denied a housing allotment during calendar year 1982. The pertinence of the case to this memorandum ie the fact th.: it describes one of the most comprehensive growth management ordinances in the state and validates the criteria for adopting the ordinance and the different criteria to be considered by the city council within the ordinance in making housing allotments. The basis for limiting the number of residential units which could be constructed in any one calendar year in the Camarillo case was stated as a recital in the Orowtis Con- trol Lads found in Footnote 2 an page 172 of the case. C at...a w. ...r...o aasu. siY OF RANCHO CUCAMO17G• °94 MM 6EYELOMENT 6E?E. JUL 2 G 1985 z ilh1hU u,i sh3AS o i ("Ayox0i, r.aw. mss e.L..Lwro..w elws•roe. nn.. sw•..a Mnopmrcu! TO: Jack Lam. Community 6vslopeent Director. City of Rancho Cucamonga [ROY! Jaocs L. Markman, City Attorney DATEDL July 25, 1985 REs Criteria for imposition of growth ssenagemsent control on housing in Rancho Cucamonga This memorandum is in response to tho Council's request for input on the possibility of controlling apartment build -nits as ecoparad to single family build--outs through a growth management ordinance. As a beginning point, the rather C sparse statutory authority for a growth management ordinance Is stated in California Government Coda Section 65863.6, a copy of which is attached to this memorandum. The section states that any crdinanrs :smiting the number of housing units which may ass const.ructad annually must contain find- ings as to the public health, safety and welfare items which are promoted by the adoption of such an or".•inance which in turn justifies reducing housing opportunities in the region in question. One clear enamyle of such an ordinance which has been adopted is found in Pacifica Corporation v. City of Camarillo (1983), 149 Cal. App. 7 am attacs ng a u copy of that case for your consideration. The came really turns on procedural que.%ticns raised by a particular developer who was denied a housing allotment during calendar year 1982. The pertinence of the case to this memorandum ie the fact th.: it describes one of the most comprehensive growth management ordinances in the state and validates the criteria for adopting the ordinance and the different criteria to be considered by the city council within the ordinance in making housing allotments. The basis for limiting the number of residential units which could be constructed in any one calendar year in the Camarillo case was stated as a recital in the Orowtis Con- trol Lads found in Footnote 2 an page 172 of the case. C C C C Memorandum to Jack Lam July 25, 1985 Page 2 The rather crucial recital in question states As follows, -it is the intent of the people of the city to achieve a steady, rather than r tluctuatinq, overly rapid, rate of resideutisi growth aach year in order that the services provided by city, school, park, utility and/or service agencies operating in the city can be properly and effectively staged in a canner in order will that nefie t overextend and brought up to required and nscassary standards while mini - able costs of short-sighted facility xpawtiont.`id- • If you take into consideration the provisions of Covernmart Code faction 65863.6 and the above- quoted recital in the Camarillo ordinance, it becosss clear that a growth management ordinance must be Coundad upon a need to sake housing elloeations so as not to overtax public services and public infrastructure facilities such as streets, water lines and sewer lines. Accordingly, it is ay view that in consider- ing whether to apply such a mechanism in Rancho Cucamonga in order to balance apartment tuiid -outs with single family dwelling build -outs, there mnrst be a factual basis for doing so founded upon an inability to meet public service or facility needs through normal development processes. 2nci- dcntly, in that regard, we have found no authority for a growth management ordinance which does nothing more than create a balance between apartment build -outs and single family dwelling build -outs. There must be an over -all public infrastructure and /or public service need justifying the growth management control ordinance as a whole. if a situation exists in Rancho Cucamono jratify- ing a growth management ordinance on the above - stated basis, the Camarillo case again becomes useful as a source estab- lish nq Fe specific criteria by which one developer's pro- posal is M lanced against anot:herle to receive housing allot- ments in a given year. Those criteria include the capacity of the water system to serve tha rarticuler development --&'0- posed, the capacity of the schools to absorb any iaoreass in children generated by that development, the impact of the particular development on the sewer system, the dire department, C C � •rt 'M d�99 Jack Lin atine street gwtea ani any arterial hlglway net. yp store drainage cts off & dri+elgeesnt. those critsrls analyas pctettial ntgattvm In a ax't Other criteria to be LV;can into oa�stderation architectural td*svlg oC °lino the 2urioo,y. oC the prqp,d developeant, the grovtslon of with rlks tralls1 t9u,.=.clan trslls and green belts ani virtually all other ecaUwti, a d oospittbllity fSItUr". Rut twottantly, for the pm;om of this Offrruf�d,�tial cwWaeeratast in 44" fsct that ee! oonsidarod. I belle" that if we react that point in ITaa'•antlrg a 9ra+th ws"a t ocdinahos, the City 0='ctt could take Into omsLientlan in "U'OtbV builiablt haain•J wits the typo of !nits to W builtr :let !s. %Prather these unite pnseltuta aL�gla S of dwell zm x the anal la !n rav)"Inte, ri question as to each Y C �t-xs the Flra,»eal could take into cOns"ratiot as oe of nusarom fnebra rtaivL� 'a�r�+thllomtione, eta different types of hauL•h7 naela estSting in ,be ty &. those Wicq aro t•.e graata, degree than oVars. •close, if there to a nerd � set le a to a grey for J�a wYtt in aW abaat tht oaashity art�the e7ton build-0_1t #%se, degree !han eparbmt units hhldi tee be ahead in * r Possible that the CIZ nCil could deelds to allow Pointe W sin.77ls Lazily dwvUkgs in !te ameldsratlon of all rala ant imp armtlin; a � suet eautim tint in orJsr to reach that Pole t,. the Ca mll xm%a a broad Policy drisi io@' tts'a first necessary an t�NtL• effect hilts the hsa6er o! buil�uta action !s mcsasery to be sups that lnt;-aft ctun r by 9�vatttnntal nwle ry 1f rot. '!t ery.wel. be that the Cttcbxi4 aell -acids that ehr to ounr lapl davloss avall►*1�, lAtwlw to wt isbltc service ant intcoal. actors ntals� alrtedj. is able bulldrouts. gaxratad b! }posing I hraah '-1s` this Praha M, t.b attache! authorities nun tuatul to eat in p.- avrtLPJ 07tiou far action ty the city Oouv:gtl an Cris subject +uetIt. JL•Lajk C 9hc1. ,. STAFF TELEPHUXE SURVEY, August 15, 1905 f ., CITY MINIMUM ONEI.LIN/ U1111T SiZES CHINO No Standards , Possible new standards now being considered. IRVINF. No Standards - Just u- -e OEC FONTAt1A Owelling Unit Size lased on inning as Follows: RR1 Miniesa Lot Size 7,200 sq. ft. - all R1 Saws All Single Faintly Units R -I-C 1,100 sq. ft. R -1-0 1,200 so. ft. R -1 -E 1,300 sq. ft. R -14 1,400 sq. ft. R_2 SW sq. ft. if single family detached 650 sq. ft. if mIti -Family R_3 OSO aq. ft, if single family detached SOO 19. ft. if WIti -fwily MON .AIR' Niniacs Sizo lased on Dwelling Unit Type as Follows: (a) Single Family Detached Units: f2 bdrss - 1,300 sq: ft. 3 Was or more - 1,400 sq. ft. (b) MLlti -Family Units (Apt. M1 Condo) 1 bdret 950 $4. ft. 2 Was 1.200 sq. ft. f 3 b4m 1,400 sq • ft. 4 bdrms 1,450 sq. ft. • Minimm Roar Size of 110 :q. ft. • .01 dwalling units require 2-cer garage, no carports ONTARIO No Standards l �C •t. t +...f ......ins....`..:,. :s�i....b.• �r.:r «......t..vr .r.,�• .. •.y...�vo.. -... ��1�'ll�.s-{rs�i� m � UPLAO Oraliing Wt Site Standards as Follows: ZONE M1R. AREA MIN. 0 SIZE W Stn la Faall Zones 20,00 2,000 R -S -15 15,000 1,000 R -S -10 10,000 1,400 R -S -7.5 7,500 1.100 R -S -6 6,000 900 LM- Fam11r Zonv R -M-4.4 30,000 1,000 /du R-11 -5.6(0 30,000 1,000 /du R -M -3.6 15,000 1,0.'q /du R -M -2.0 16,000 1,000 /du R- 11 -1.5 7,500 $00 - #wJ*Ior 700 - 1 6drn 600 - 2 'Urm 1,000 - 3 Bdrn r 5 1a1 VDV— sq. ft. for MAro" plus 200 sq. ft. for additional Oadrow M. MMOME '�tirri-.rr...s.w.� � °` � ar -. .. . i � t•�Y'�y!' N�1 r`'� _ t Sri- Cr. \ \'.� • .1�2- KS��.nrw.-r•+� � 'µ• w4..•.... • • . - • �.. r.• �c 'fe.;.Y�i. �..» ',L. • d ° ciry msseatl ■latm oss sst It. itU rose 110214111 owed y 1401509. s0941444 by gin to aryrws 4ntsllw Its. Wage. 0-253. r/ 43.104. "all" turlu o,0ols16ely fi. M Items "balates •...01 .a0taa {A, JIq...w�•+. . ras.� I�cnw� rurzr ulr—_ - Wlw (] /! Of V"tm •lnt gu wWiplo to goat"& the Fero. Vela an "ally at ,Militia flour ewelosaale is tY City. tuft 94"It y Ctt. 11eov911, grain disease. (1140 -af ►raw COW Earn Dakota oNe04 116 wtlld [n Fi1Le lama. A/a4solts Cs it wont gar cots a►ssrrrd that to felt tM Cott of been is urre Visa .69 wt4 high ls50Usrae11 the arvral me area that y64 "old'" Settles. 6 weelt tN2 to an 0o» Ind with the kw. ;rye, hers. V149044 r441ew. 0r►res8" "Pont fa 900846410; the nest 04WO 44441114 a 016910 IMAIY boost to 1:0 04at0 emery 10 696904 that aha! sere ►a1a11 "Imma vLab a11s aftertaste oents /lrtnlw as felt that ht Iara64eld 910 4W at W been. 0001 harsduliy the Ma of its home. Avoid Ml► massive sret 04 tat realists. " Wisdom. Vlstaia madded, fining talent Above "Irma soh 64 "tag at ts69o. tmobar at vWcttss 09 City C"so sad 04110. server, tallwo d seat Mellon to hlrevyo. an NLh me vet sestria to th, eragwse.. life-attamastett 41tWU+a sit Is tto lath delttepo as vino the beak use sr.e. 11160 ai "C" thi69a Ma bases"" 41 the coveter or the Colgate• to tale eat a thrv. art to n twit break. tDa be syss0tse tot stx Ccau to named. abuse M7. T4 talk r64U64t. w►res ed that it tie squats lost69e of the brvse ..a4 Lures&". it vases so s told war 41 !gamey tad 64latslelty Propese 141502 do $aunty tha tutus w11Q are everei69 4 the Vaginas virelse. tar Mat1&a. L4rts 44rs, ea►en.W that s69rt416n two teas) Is tie ter swAtT. Cre4tL4 Inner. Viseais validate. grsu d cam Yoe eke s4ekitisto 4 Vest "i" NMIe 11na, ragta:a re4L44R. plated ttse am bsela11 that the sI,, roved be Ialnaa,e. the Rage Cale Se se. ,04 Oe g50ilty asset lartalt. 11 tar assets Lao a Debbie •tt°e M W yeop"Sy. tea that' site era set- ter tan of I%. else nee Orly caret an b111►a slashed.. Joel Cm1ase. -M Cn►a4t116. "west" that the emerge necoat the ti -• y age lamprey see CLU met was Asa leader to s" water that. is lws ten C" sot otew.J Irma the Letter. ` Ralph Level aided Coastal an to are sto"arto a by► that rmesls.nme't live is the Clay. Or. Duets, uses that the CMU 24"" to be $Mod. r,d fait this eta+ am square tare s►ovld be aecan04 fa uy10 tasely. �'t5 ♦ 2 Y45� P • p city C.sal ►arias &aster 11. IM tag# a Je*as Irplf. glee. rnUW. UpFaateC tope .N. tN Gaup plan .. wt w. It sea ►a1N tot Wq lot" solid tlw._ ,Its ors Mal. /apl r.ta(a1tM e]ae Unity amo14 ►m " ;wtaNt to Is& *goal Met a• stns Mind of law. bet a oo rte.. t dGM Uat it .wle peso M. no g/sllfis rings "ad Itmt ter a hqr at ballt,". tae Ow on. Ins sme.e Lenin, detalaPes at tN el.* roar y.)., Toe Moto a•t groan quiet that am then oM ell a it" M begat s amiss nor As Fall co n fun ego ban salt! -Ramyt tae "jibes, ""Iss to aim a go Y la,m. be emulates t•agtl met to sew ,wt to f 90 me etw►atlm is sour, and Inning thmsatw* to the &b,,,y to seas as auk" darYS. Join ylvutn stated ebot tuft niat dnalap.ra Van, the lab" nyryre to be am bpete " will beat& Is as arpl. Y a.uwatm comet: Mt to nulls %opt ton to *oat yfa.e a denlap gtplw Wild. Willi" gym ce. left-first goals, at sue Stated ones Up .ors ranP1I be s Isrerar. law b wt toil ctu esdemt23 edMsm sloe statute mite ddtnsem toe tww, but cast tin city-* cam. al plan ►^ovid" lee • arms eaaelw eC allaesabte boosted. The Nat or a o legally antnl Is tamp tan atp•I notation Islas, "d asprslea ►ro- Jigs "taatm wFanees t►sa term 4001123 alt► pleased* gowth &u n. = "idle it. no sett Jet rN &g ,, legislate •*tone. Ghat empress .het hetMM la as arm it aut" going. to gaga* Cosa*nss to base actively egged s bigger "1117 at I/[a ""able s *roof Project. heriafs tar ml the am&@? of out"=$ I" fN uferPtse. !tabs *nor yutgate m tbt rem&. also at a boea dear as legislate gaosap at 1111. Jib po ist fall ce st ti*44 sst"ps pN elate tan. Jet[ ketosis eater efagll tat to a►aalw the General rem. Tows bolas or again" pules gap~. ban stable eased& tM pals awrlas. sew carer Pilate called • rams at lgllt P... The nattiest reowesed of It pie P.o with alt •when 4 W Coastal ►atom. .Men Qa.eilon glon lost non sate to • script wasp is Ue mltl•lutty dovelotanq rad a" -;- to the Sawa a tolls el " Wit /•(Maly !manages" bestol rep 1m g Pe,elmpo is battles a dwatoPw sae tiuseles is order tla we eight asp tsplp dplalapsaats as the atwos wle lung. b. Q*wals w eN am m p.tY.trw[n e*saseno•tl set me as can seta tb veritably aladlase to bring that pFa at pta.gtlls go tnitles, a. Ceptnle M deeps wnoet tboatb uste&m g*Igc •- did Mt on tin ` a" s emit stem at the onllsl tetra tap us strips and tin best sal of 4tanles pan anger'* 04714#464 y CM P/tlnle rwsmto is atnas► wit d. CmMliw of doublets did tat spot U erg apprgatsta. Cessation split "fill e. Illltl• /Wy tmtrectloo loafs be weld asks to set coaeetl tab a let at P»J"" dm alb pose m W mltt•lmiy tomiag list as be cep veawtiw la tin suits. Y awls lab le m the wItl- twAlLsent=# r otrytet tw settle sin tat losses sat rats aslel•/frty ►foie. 2.= +. t Y tyyt [isf "mall at"'e. I"... :1. in) -: F", t .►.t l[ cart 0 ";w i itPN ralr.a LW@ W Ito #gala basis. it Celt t s ►on11 b al 011 tatUlt to Asks,* tat". ►. 4at"la N the ass. at gr0.lb/gt0.tt uneftraa It1 "t fast two m of veh, this c4,U be Ime is a feasible v1.. a. Contents " aaloloymm Lumet ."redN Iesllte W.la tics saw11 M a/ralloo ea bit this *tau ha rgaw gal Ito lbating Csonleol0. tr * two[aaon/e[lm w Was hat to oa [...al. a vaa14 :w to *to all aparteaes to tie City cca.casom to cwontaim et"Iflatl".. 1. 4lnetton to f"ciff• colt 'his ebaell be do" ne a eltMygte ►a- viY. This .10.11 set be a retention rtes@ we one no Lapattit 0er caa- a.l Fiat caresses the alp" 44"ItT lent@ Po.lff wit. 4 "Wated that a* tat at tha stW.ete Of into *s. alit stone the .ta"sm, fa aHttaWS. % Colt at dtlnaa [Laos M ""go to batter bestial. C0.rlbter vent rated at Agnelli a. ,Mitt -AWII cmeacnatlto ►wev she a" in tha elledutton" the W.atl"a In aNel -teediT holes, hot om gof bond tietnel" In mla nulsoaa. b. C0.tr.lo " the Vale at gt4, blumm samsomett tell olc ,m tie" *Lan, she city /stmaff &#,law "aWt ors. a. co"aie on /aalaarat ora.tb .rtraled gantlet, single frll7 W/nas alt mho - "a to falls of set" 4 */lie at 1100 "nece feet. OPoe mete f t.lrmot - flit We c" stringent 6118.1. till /l" let b"ks me hop wts at$" strut female* 610.11 be a Port od as rnole,- amus. y""reto msl/ le tvfs on cold"wea r•aodaeds. talking re, e.lrseont0 - felt that we 414,14 1, revolving a-tom parking to all u0.. 1• sod "en0. Ie Ismipl felt she lhaon l coaeltb@ caa11 net alinese bo"t0. of the Iml.ver "camas. hot ghat a, athar "ma of Ile► a" sip vbub on felt navels ha redwood "audit$ to tea gneasrmatime y the levbeff coontal0.. Cmalira tev"t staged that be fall teat Coomlt Oal/ of blame "Mct"aff. 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