HomeMy WebLinkAbout89-047 - Resolutions RESOLUTION NO. 89;047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
DECLARING ITS INTENTION TO EXECUTE A REIMBURSEMENT
AGREEMENT WITH O.A.S. INVESTORS FOR THE CONSTRUCTION OF A
PORTION OF THE MASTER 'PLAN STORM DRAIN LINE (2 K) ALONG
VINEYARD AVENUE FROM CUCAMONGA CREEK CHANNEL TO 549 FEET
EAST OF CENTERLINE OF CARNELIAN STREET
WHEREAS, O.A.S. Investor is required as condition of Approval for the
Conditional Use Permit No. 87-26 to construct storm drain facilities along
Vineyard Avenue at Carnelian Street to provide flood protection to the
development;
WHEREAS, a portion of that storm drain facility is a part of the
adopted comprehensive master planned storm drain system, more particularly
described as the Storm Drain from station 10+39.09 to station 17+78.35
including the catch basins and lateral on Carnelian Street and Arroyo Vista
Avenue but excluding line 'D' as shown on the City approved plan drawing No.
1268-D, sheet 8 of 17. The said plan drawing is made a part of this
resolution by reference;
WHEREAS, this portion of the Master Planned Storm Drain is budgeted
for construction as capital improvement project and is scheduled to be
completed in two years;
WHEREAS, Section 13.08.080 of the Rancho Cucamonga Municipal Code
made a provision to reimburse a subdivider when Master Planned Storm Drain is
constructed by the subdivider, for the cost of construction which exceeds the
storm drain fee.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
1. The Developer, at the developer's own expense will install the
planned storm drainage facilities as mentioned herein afore.
2. In consideration of Developer's installation of said planned
drainage facilities, City will not assess Developer the fee
described in Chapter 13.08 of the Rancho Cucamonga Municipal
Code.
3. The cost of constructing the planned storm drainage facilities
will be reimbursed in two reimbursement cycles.
4. The Developer will submit the direct cost of construction of the
said planned drainage facilities to the City Engineer no later
than March 30 to be eligible for the payment through the month
of August of the same year. The cost of construction will be
reviewed, approved or adjusted by City Engineer.
Resolution No. 89-047
Page 2
5. The approved construction cost will be reimbursed from "planned
drainage reimbursement fund" under the provision of Chapter
13.08 of the Rancho Cucamon§a Municipal Code. If the cost of
construction exceeds the amount from "planned drainage
reimbursement fund" the difference will be paid by City's
Capital improvement fund. More specifically, if the amount in
the first reimbursement 'cycle is less than 50% of the total
reimbursement amount the difference will be paid from the City's
Capital Improvement Fund. If the developer's share from planned
drainage reimbursement fund in the second reimbursement cycle is
less than the balance of the reimbursement amount, the
difference will be paid from that year's Capital Improvement
Fund.
PASSED, APPROVED, and ADOPTED this 1st day of February, 1989.
AYES: Alexander, Brown, Buquet, Stout, Wright
NOES: None
ABSENT: None
Dennis L. Stout, Mayor
ATTEST:
Beverly A~/ Authelet; City Clerk
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 adopted by the City Council of the City of Rancho Cucamonga,
California, at a regular meeting of said City Council held on the 1st day of
February, 1989.
Executed this 2nd day of February, 1989 at Rancho Cucamonga, California.
Beverly/A. Authelet, City Clerk