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1990/12/05 - Agenda Packet
CITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAlI MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. December 6, 1990 Civic Center Council Chambers 10500 Civic Center Drive 1SanChO CllCamenga, Celllorme `!1'IJU ... City Canncilmembers Denaia L. Stout, Mayor William J. Alexander, Coancilmcmber Charles J. Buquet, Coancilmember Diane Williams, Councilmem6er Pamela J. Wright, Cooncilmcmber ~~* Jack Lem, City Manager James L. Markman, City Attorney Debra J Adams, City Ckrk Citq OfSce: 989.1851 pA E _ City Council Agenda ~~ December 5, 1990 1 All items submittea for tAa Citp Council Agenda must be in writing. Ths deadline for submitting these itus is Si00 p.m. on the Wedaeadap prior to the maativg. The Citp Clark's office receives all such itaaa. A. CALL TO ORDBR 1. Roll Call: Buquet _, Alexander _, Stout _, Wright ^, and Williams _ B. ANNODNCBMENFS/PAESENTATIONS 1. Preeentat ion of California Stte Pire Fighters Association Award of Merlt to Sheriff Daputiee Dave Martin and Carol Earhart. 2. Preeentat ion by Larry Hogan, CVS/Pharmaey, to Pire D iatrict and Building safety Personnel. 3. Presentation tc the Clty Council of a cone ribut!cc t.. the D.A.R.E. Program from E1 Rancho Grnnda Weddings. 1 '-ri.,.axaunn rRON TH6 PDALTC This is the tiw sad platy for the gsnanl public to eddreaa the City Couacil. state law prohibits the City Council fror addreasiag say iuue nOt previoualp ivcluded on the Ayenda. The City council uy receive tastimonp and set the mat tar for a eubaequant Meting. Comments era to ba liaitad to five miautea par indlridual. D. CON66NT CALENDAR The following Conwpt bleeder Ltoa ass aspeetad io ba routiaa and non-soatmrerdal. Thep will b. send upon by the CouvcLl a! oaa time arithout discussioe. Aay atom may ba remavwd by 8 C.,..ncilmarbar or member of the audience for discussion. 1. Approval of Minutes: November 7, 1990 (Brown absent) 2. Approval of Warrant •, Register Noa. 11/21/90 and 1 11/4B/90~ and Payroll ending 11/42/90 foz the total amount of $4,368,650.56. vA E - City Council Agenda ~ Decevdafr 5, 1990 2 3. Alcoholic Beverage Appl !Cation for "20" Off-Sale Beer 6 $ Wine for Jon HuDbard'v Irvine Farmer's Market, RJA Deveiopment Company, 7965 Vineyard Avenue, Suite 0-1. 4. Approval to open escrow with Judy Lynn Molloy, 30 AtlminietzatoY foz the estate of Evelyn Lorraine Malloy, for the purchase of land at 8783 Arrow Route, being for [he street right-of-way for the Arrow Route Widening Project from enkez Avenue to Vineyard Avenue for $5,600.00 plus escrow Coate of $1,000.00 to be paid from Syateme Feee Account No. 22-4637-8738 and authorize the Director of Community Development to execute all necessary documents. 5. Approval to accept Offer of Dedication foz Street, 11 H19hway and Related purpoz~v for eoeton Place (6 feet wide), iocaietl west of Aocherrar i';onus and south of Jereey Boulevard from Lincoln Property Cgepnny, Incorporated. 12 P.{SOAVTIUN NO. 9J-457 A RHSOLUTION OP THS CITY COUNCIL OP TH6 CITY OP MNCHO CUCAMONOA, CALIPOANZA, ACCHPTING A 6-FOOT OFFHR OP OHDI CATION FOR STREHT. HIGHWAY AND AHLATHD PURPOSHS FOR BOSTON PLACE b. Approval to execute Program Supplement No. 35 (CO 90- 15 152) to Local Agency - State Agreement No. OB-5620 between the City of Rnncho Cucamonga and the State of Ca1LEornla for the preparation of design plane, contract epeclflcatlona entl engineer's evtimate foz Haven Avenue Rehabilitation and Widening from 4ih 9treat to Poath111 Sou levnrd. The supplement sate tae Federal portion Of the prof act nt $150,272.00 and the City•e poct ion at $24,728.00 with the pro'delon to increaw the City's portion vhould the need arise. Funding for the Supplement Agreement ahe1.3 ba from Syetame Development Funds. PA r City Council Agenda ~ ~^(' December 5, 1990 3 R83OLUTI0N NO. 90-459 16 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING TH6 EXECUTION AHD SIGNING OP PROGRAM SUPPLEMENT NO. 15 T'O LvCAL AGENCY - STATE AGREEMENT NO. OB-5420 POR THS PREPARATION OF DESIGN PLANS, CONTRACT SPECIPICATI0N9 AND ENGINEER'S ESTIMATE POR HAVEN AVENUE REHABILITATION AND WIDENING PROM 4TH STREET TO FOOTHILL 8O0LLNARD 18 7. Approval of Map, execution oP Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and 9tzeat Lighting Maintenance District Noe. 1 and 2 for Parcel Map 11472, Located on the south olds of 19th Street, east of Hermosa Avenue, submitted by JCR Development and Inv68tment. RESOLUTION ND. 90-459 I9 A RESOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11472, SMPAOVEMENT ._nen: ~.;_ ry~ lrvnvvne,aa'1' SECURITY Z~ RESOLUTION NO. 90-460 A RESOLUTION OP TH8 CITY COUNCIL OF THE CITY OF RANCHO CVCAMONCA, CALIFORNIA, ORIIERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOB, 1 AND 2 POR PARCEL MAP 13672 e. Approval o! Map, execution of Improvement Agreement, 23 Improvement Becurlty end Ordering the Annexet ion to Landscape Mnintenanew Distrlet No. d and Street Lighting Maintenance District Nos. 1 and d for Tra^_te 13303, i3i0.-i-i and 1330} 2 :oeatvd on tnw southwest corner of Terra Vleta Parkway and Mountain View Drive, submitted by LewL Development Company. PA E City Council Agenda ~~r December 5, 1990 4 RESOLUTION NO. 90-461 2$ A Rfi50LUTI0N OF THB CITY COVNC IL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY Anv FTNAi. MAP OF TRACT ND$• 13303, 13303-1 AND 13303-Z RESOLUTION NO. 90-462 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP AANCNO CUCAMONCA, CALIFORNIA, ORDERING THE ANNEXATION OP CERTAIN TERRITORY TO LANDSCAPE MAINTENANCB DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND d FOR TRACT NoS. 13303, 13303-1 AND 13303-2 29 9. Approval to execute Improvement Agreement Extension for Tract 13fifi6-3, located on the south aide of Summit Avenue between Cherry Avenue and Hardman eu llock Road, submitted by Etiwanda Highland Part nere, RESOLUTION NO. 90-a63 $1 a aaGUL U'i'lON OP TH8 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 13566-3 30. Approval to accept Improvements, Aelea~e Of Bonds and 32 Notice of Completion for Tract 13697, located on the southwest corner of Neven Avenue and Carrarl Street. Releaee: Faithful Pertormence Band (Street) $679,000.00 Accept: Maintenance Guarantee Bond (Street) $ 67,900.00 i xESOLUTION NO. 90-a 6< 3$ A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP MNCHO CUCAMONCA, CALIFORNIA, ACC@PTINC THE PUBLIC IMPROVEMENTS POR TMCT 13697 AND AUTHORIZING TH@ PILINO OP A NOTIC@ OP COMPLETION FOR THE NORR PA City Council Agenda ~ ~~ December 5, 1990 5 11. Approval to accapi Improvements, Release of Honda and 34 Notice of Completion far MDA 89-07, located an the southeast corner of 9th Street end Helma Avenue. Release! Faithful Performance Bond (Street) 5 59,000.00 RESOLVTION NO. 90-465 35 A RESOLUTION OF THS CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, f:ALIFORNIA, ACCBPTING TH8 PUBLIC ZNPROVBMENT3 POR !(DR 89-07 ANp AUTHORIZING THB PILING OF A NOTICE OF CONFECTION FOR TH8 WOAR 12. Approval to accept Improvement a, Releeee of Monde and 36 Notice of Completion for Parcel Map 6725, located on the southeast corner of Foothill Boulevard and Haven Avenue. Release, Faithful Performance Bond (Street) $860,000.00 Fa It hful Ferforn!ence Bond (St r¢at) 5285,000.00 RESOLUTION NO. 90-466 3~ A QE SOLUTION OP THE CITY COUNCIL OF TN8 CITY OF RANCHO CUCAMONCA, CALI /OANIA, ACCEPTING THB PUBLIC IMPROVEMENTS FOR PARCEL HAP 6725 AND AUTHORIZING THE PILING OP A NOTICE OP COMPLETION POR THB WORK 13. Approval to set the Data of Public Hearing EoY January 38 2, 1990 for Approval to Vecnte a portion of Strang Lane, located gnat of Ceznalian Street. 39 RESOLUTION NO. 90-467 A RESOLUTION OP THS CITY COUNCIL OF TtiE CITY OF RANCHO CUCAHONCA, CALIFORNIA, DBCLARI NG ITS INTENT;ON TO VACATE A PORTION of STAANG ~ LANE LOCATBO BAST OP CARNELIAN STREETr APPAOXINATBLY JO PEST WIDE AND 352 FEET LONG - APN 1076-271-08 PAGE city council Agenda ~ ^~(` December 5, '_990 ~V1 6 E. CONSENT ORDINANCES The folloring Ordinance haw bad puDlit hearings at tae time of first reading. Second readings are •:peered to be routine end non-coneroveraial. Thep rill be acted upon by tae Comcil et ane tine without diecus•ion. The Citp Clerk will read ebe title. Avp itu can be rmved for dissuasion. No Items Submitted. P• ADVERTISED PUHLIC HEARINGS Tae folloriag itua have beau advertised avd/or posted a• public hurings a raqulrad by law. Tae chair rill opev the meeting to receive public belimovp. i. ON S 7 4J 03 AMENDMENT - SAM'S PLACE - M appeal of the Planning Commieslon'e decision to extend the hours of operation for an existing bar and restaurant located at the northwest corner of Carnelian 'and 19th Street in the Neighborhood Cortmercial Dieir ict - APN: 201-511-6fi, 6H, 69, 60. (COntivued from November 7, 1990) REDEVELOPMENT AGENCY 1b RECONVdE AT TEIS TIME 'TO 80LD JOINT PVELIC HPJIRINO KITH TEE CITY COUNCIL ON THE POI.LOiiIN6 ITEM. 2. CON O SPDHITION AND 6) DEVELOPMENT AGAEElDINT WITH TN6 PA ICE COMP! 7~(` RESOLUTION NO. 90-465 )~ A RESOLUTION O! THE CITY COUNCIL OP TILE CITY OP IUNCHO CUCAMONGA, CALIFORNIA, APE'ROVING 2MAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND EETNEEN THE RANCMO CUCAMONOA R6DSVELOFMENT A06NCY AND TNH PRICE COMPANY, A CALSPOAN IA CORPORATION REDEVELOPMENT AGENCY TO ADJOURN AT THYS TIME. 3. CONSIDHASTION OP TIMES MIRROR'S APPLICATION POR A CASLS )3 TELEVISION BRaxCHISE (COVlinue to Mcembmr 19, 1990) PA E (' city Council Agenda ~ Decemher 5, 1990 ^'(~ CUI '/ 6. PDBhIC BEIIRIN08 The following Stns have ao Iagal publication or posting requireeats. Tha Chair will open tba eating to roeaiva public testisaap. No Items SuLvoitted. E. CITY MANAOER'8 BTAPP REPORTS The following ita.s do sot lagallp raquira sap public teatiaovp, although tla Chair ep opsa the uatiag for public input. 1. N 74 RECOMMENDATION TO INITIATE SCFIOOL PAREINO BNPORCEMENT PROD (COntlnuad frow IWvaabar 11, 1990) 2• CONSIDEMTION OP A PETITION SUBMITTED BY MR. VSRN SS WOO V S COUNCIL RECONSIDERATION OP ALMOND STREET wIDTX/STANDARDS 1. lVwaalL 6UeiNaa9 Tha followinq Stns 6aq beer raquutad by tha Citp Council for diacuuloa. Thap errs not public huKag iGU, although the Chair up opera tda eating for public Snput. 1. c w 'v eERNARDxdo 83 { AND UPLAND FOR E%ECUTION OP CONTMCT ICO 90-1531 'gITX SCS 6 ATED SOURCE REDUCTION AND RECYCLING ELE!ffiNT J. IDENTI-ICATIOM OP ITLMD POR MELT MEET'~l jf tba tie for Citp comcix to idutifp tha Stawa thef wish to diwuu at tha oaxt eatiag. Thus itga will sot be diacunad at thL eating, onlp idantifiad for tha aaxt Natiag. ~{~~ City Council Agenda December 5, 1990 8 R. CDIDIDNICATIONB rRON TSB POBLIC Thia is the tine and place far the general public to addraa^ the Citp Council. Stale law prohibit the City Council frog nddresaing any iaaue not previoualp included on th. Agenda. The Citp Council aay receive teatiaony and eat khe YLter for a aubaequent aseting. Commcnta nre to b• Baited to five minutes per iadividusl• ~_. ADJCDRNI~NT NBETIN6 TO ADJOURN TO BYBCUTIV6 BESBION TO DI BCUSS AMERICAN INSUAANCS AND MARTI ENTERPRISS$, INCORpORATBD. I, Debra J. Adams, City clerk of the C1ty of Rancho Cucemanga, hereby certify that a true, accurete copy of the foregoing agenda was posted on November 30, 1990, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive, November 7, 1990 CITY OF RANCHO CUCAMONGA CITY COUNCIL NINVTBS Aeouiac K¢sti^a A CALL TO oADHR A regular meeting of the Ciiy Council of the City of Rancho Cucamonga met on Wednesday, November 7, 1990 in the Council Chambers of the Civic Centez, located at 10500 Civic C¢nter Drive, Aancho Cucamonga, California. The meeting was called to order at 7:07 p.m. by Mayor Dennis L. Stout. Present were Councilmembece: William J. Alexander, Charlee J. Buquet [T, Pamela J. Wright, antl Mayor Oennie L. Sicut. Alao present were: Jack Lam, City Manager] James Markman, City Attor :ey; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Deputy City Manager; Rick Gomez, Community Development Director; Brad Huller, City Planner; Larry Henderson, Principal Planner, Nancy Fonq, Senioc Planner; Miki Brett, Associate Planner; Steve Hayes, Assoc Late Planner; Lori Noore, Acsistant Plan ear; Vince Berton;, Assistant planner; Shintu 0oee, Deputy City Engineer; Pau:, Rougeau, Traff lc m,y i..=.r; wwe Olivier, Sr. Civil Hnginaer; Joe Stofar Aeaociate Engineer; Betty Miller, Associate Hnginnna, .o..r v..r in. Aeaociate Bngineer; Ingrid Blair, GIS Supervisor; Jim Hartr Adminiekrative Serv SCee Director; ~_,. c Pachon, Kanagement Analyst II; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analy at II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Aancho Cucamonga Fire Pzotect ion Diets ict; Capt• Bruce Ze in er, Rartcho Cucamonga Police Department; and Oebra J. Adams, City Clerk. Absent was Councilmember: Deborah N. Hrown. . • . ~ • ~ H ANNOVNCHMSNTS/PABSHNTATIOWB H1. Present et ion of Youth Dcug Fcee Pledges. Paula Pachon, Management Analyst I1, made a ~raeenlat ion tc the City Council which consisted of a basket of pledgee from students who promisee cc stay dr.%, free. 02. A Proclamation to recognize the week aE November 18 - 25, 1990 ae Rancho Cucamonga Family Week. City Council Mirtutee November 7, 1990 Page 2 Mayor Stout presented proclamations to represertat ivee from the St. Peter and St. Psul Catholic Church and the Rancho Cucamonga Stake of the Church of Jeaua Christ of Latter-Day Sainte. 63. Presentation to eettymaryee Hill for over twenty years of service as a crossing guard in Rancho Cucamonga. Proclamation read by Mayor Stout to recogni re Betivmaryee xill lahp vas nct present to nocept the proclamation). R R R R R R C COMMUNICATIONS FROM Tfl6 PUBLIC No communication was made from the public. R R R R R R D. CONSENT CALRiLD AR Hayor Stout asked the if amount for Item No. 6 was correct at $650,000 Jnek Lam, City Manager, stated yea. D1. Approval of Mlnutea: September 26, 1990 October 3, 1990 D2. ADDrovel of Werra nta, Aoni aRO. un^ in iin ion 10/31/90 end Payroll ending 30/11/90 for the total amount ^of n$2,767,819.26.Y D3. Alcoholic Beverage Application for On Sale Beer 6 Wine Eating Place for Soup Plantation, Brooke 6 Mack, Incorporated P-12 San Diego, 8966 Foothill Boulevard, Suite A. D4. Approval of the Storage Area Allocation Procedure and Fee Natrir as approved Dy the Park and Recreation Comnieaion. D5. Approval to edopl a coat enalyeie policy regerdi ng public fec111ties. (COatinued foe October 37, 1990) RESOLUTION NO. 90-411 .. ............T IOH CF THE CITY CO~dv'IL Op TM V. c_rmv nv xawnun CUCAMONCA, CALIFORNIA, ESTABLISHING A POLICY REQUIRING TXE PREPARATION OP AN OPERATIONAL COST ANALYSIS PRIOR TO THE APPROVAL OP ANY NEW PVBLIC FACILITY D6. Approval to authorize the advertising of the ^NOtice Invitlnq Bida" for the Tratfic Bignal and Street Improvements on Rochester Avenue and Foothill Boulevard, to be funded from Systems Development Fund, Account No. 22-4637-8942. City Council Hinutee November 7, 1990 Page 3 RESOLUTION NO. 90-412 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CVCAIbNGA, CAL IPOANIA, APPROVING PLANS AND SPECIFICATIONS FOR TK6 "TRAPPIC SIGNAL AND STREET IMPROVBHBNTS ON ROCIDSSTEA AVENUE AND POCTHILL BOULEVARD", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLSRR TO ADVERTISE TO RECEIVE BIDS D7. Approval of a Professional Services Agreetnani for library related needs DB. Approval for additional funding to be added to Contract No. 90-095, Cucamonga 8lementary School Fteld Improvement Project, Sunrise Landscape Company, Incorporated, for Change Orders exceedLng the original 101 contir gency, Account No. 20-4532-9013. D9. Approval to award and execute Letter Amendment No. 1 to the ProEeaeional Services Agreement (CO 90-108) for the preparation of the Etiwenda North Specific Plan with C.M. Bngineering in the amount of $5,593.30 which w.:11 6e funded frao coot rect services account No. 03-4333-6028 (PY B9/90). D IO. Approval to award end execute Letter Amendment No. 2 to the Profesn SOnal Services Agreement (Ln 90-108) for the preparation of the Etiwenda North Specific Plan With C.M. Engineering in Lhe amount of $12,900 which will be funded fray contract service account No. 01-4333-6028 (FY 89/90). 011. Apptovnl to execute Contract Change Order Ne. 1 (CO 90-028) with .;. P. Davidson Associates, Inc., to provide additional engineering aervicee to pr apnre ..e, tTt.,...... change order ie-for the total amount of`$4, 490 Tto bring the contract total •to $17,670 to be paid frao contract aervlcea, account No. 01-4333-6028-3453. 012. Approval to deetrzy records and documents which are no longer required ae provided under Government Code Seeticn 34090, AESOLVTION NO. 90-413 A ASSOLVTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RBCOND3 AND DOCUMENTS NNICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE 36CTION 34090 013. Approval of Mapr execution of Improvement Agreement, Improvement Secur Lty ued Orderino the Annexxrinn rn Lannv..ape Hai.^.ta.^.a.^.C9 ^iatrict 3 _,... „-~.e Lighting Maintenance District Nos. 1 and 6 for Parcel Map 13125, located on-t.he southwest corner of Trademark Street and Center Avenue, submitted by Burke commercial Development. City Council Ninutee November 7, 1990 Page 4 RESOLUTION NO. 90-414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAHONGA, CALIFORNIA, APPROVING PAACSL MAP NUMBER 13125 (TENTATIVE PARCEL MAP NO. 11940) IlIPAOVE!ffiNT AGREEMENT, AND IMPAOVEMBNT SBCURI TY RESOLUTION NO. 90-415 A RESOLUTION OP THS CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, ORDERING THB ANNEEATION OF CERTAIN TEAR ITOAY TO LANDSCAPE :AINTSNANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCP.L MAP 13125 ^14. F,pproval of Hap, execution of Improvement Agreement, Improvement Security and Ordering the Annexntion to Landscape Maintenance District No. 3 and Street Lighting Maintenance DSStYict Nos. 1 and 6 for Parcel Nap 11940 located on the southeast corner of Nhite oak Avenue end Elm Avenue, eubmittec 6y 9ahama Levelopnent Company, Tneorpnated. RESOLUTION NO. 90-414 A ABSOLUTION OF THE CITY COUNCIL OP TNS CITY OP RANCHO CUCAY.OHOA, CALI;roRN:A, APPROVING PARCEL MAP NUMSSA 11960 (TENTATIVE PAACS: MAP NO. 11940)r IMPROVSMSNT AGREEMENT, AND IMPAOVSMENT SECU'3ITY RESOLUTION NO. 90-417 A RESOLUTION OP THS CITY COUNCIL OF THE CITY OP RANCHO CVCAMONGA, CALIFUANIA, ORDERING THS ANNEEATION OF CERTAIN TERRITORY TO LAND iCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LSGHTING MAZNTSHA NCE DISTRICT NOS. 1 AND 6 FOA PARCEL MAP 11940 D14. Apps oval of Map, executi m of Improvement Agreement, Improvement Security and Ordering the Annexation to Lend steps Maintenance ^i et ricC No. 1 and Straei Lighting Maintenance Dietrlet Igoe. 1 and 2 for Parcel Hap 11473, located on the south aide of Ramilton Street, east of H9rmoea Avenue submitted by Bruce Nel. AE iOLUTION N0. 90-418 A RESOLUTION OF TI D3 CITY COUNCIL OP TH6 CITY OF IUNCHO CUCAMONOA, CALIFOM IA, APPROVING PARCEL MAP NUMBER 11473, IMPROVEMENT ACREEMBIIT, AND IMPROVEMENT SECVR ITY City Council Ninutas November 7, 1990 Pnge 5 AEHOLUTION NO. 90-419 A RESOLUTION OP THB CITY COUNCIL OF THB CITY OF PANCHO CVCAMONGA, CALIFORNIA, OADRRING THB ANNHXATION OP CERTAIN TERRITORY TO LANDBCAYB NAINTENANCH DISTRICT NO. 1 AND STRBET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOA PARCEL MAP 71473 016. Approval of a Giant of Eaeearent between Southern California Sdieon Company and the City of Rancho Cucamonga for the purpose of providing electrical eerrice to residential property located north of ease Line Road between Milliken Avenue and Rochester Avenue. RESOLUTION NO. 90-420 A RESOLUTION OF THB CITY COUNCIL OF T[iE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GRANT OP HASEMENT BETWBBN SOUTHERN CALIFORNIA HDISON COMPANY AND THB CITY OP RANCHO CUCAHONCA FOA TH& PURPOS!' OP PROVIDING ELECTRICAL SERVICE TO RESIDENTIAL PROPERTY LOCA TBD NORTH OP BASH LINE ROAD BHTNEEN MILLIREN AVENVB AND PACHESTBR AVENUE D17. Approval tc accept improvements, release of bonds and file a Notice of Completion for Parcel 1 of Parcel Map 6937 located at 13625 Victorin Street. Release: Faithful Performance Certificates $3,610.00 of Depoe it $1,000.00 ABEOLUT ION NO. 90-421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PVRLIC IMPROVEMENTS POA PARCEL 1 OF PARCEL MAP 6937 AND AUTHORI2ING THE FIL IMO OF A NOTICE OP COMPLETION FOR THE HOAR D18. Approval to accept improvements, release of bonds and file a Notice of Completion for Tract 14150 (formerly Tract 13271) located on the northwest corner of Terra Vista Parkway and Milliken Avenue. Release: Faithful Performance Band (Street) Tract 14150 $ 78,590.00 Milliken Ave.iMt. View to knee i.i nn_ <tsa Fnn nn Milliken Ave./Foothill to Mt. View $653,000.00 Accept: Maintenance GuarenUe Bond (Street) Tract 14150 $ 7,850.00 Milliken Ave./Mt. View to Base Llna S 15,360.00 Milliken Ave./Foothill to Mt. View $ 65,300.00 City Council Ninutes November 7, 1990 Page 6 RESOLUTION NO. 90-422 A RBSOLUTION OF THE CITY COUNCIL OF THE CITY oP RANCHO CVCAMONCA, CALIFORNIA, ACCBPTING THB PUBLIC IMPROVEMENTS FOR TRACT 14150 (FORMERLY TRACT 7.3271) AND AUTHORISING Tb8 FILING OF A gOTICH OF COMPLETION PDA THE WORK D19. Approval to release Faithful Performance Hond and Labor 6 Material good for the landecanin~ of Traot 135u5-i thsu -4, located at the noitheaet corner of Summit Avenue and Wardman Bullock Road, Release: Faithful Performance Bond $976,000.00 Labor 6 Material Bond $488,000.00 D20. Approval to accept improvements, releaae of bonds and file a Notice of completion For 13235 Victoria Street. RESOLUTION NO. 90-423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THS PVHLIC IMPROVEMENTS FOA 13235 VICTORIA STREET AND AUTHORIZING THE PILING OP A NOTICE OF CONPLETION FOR THS WOAR D21. Approval to accept Paike Hnintanance anQ Retref ita conetruot ion at various city parka, (contract No. 90-022, ae complete, release Sonde and authorize the City Engineer to file a Notice of Completion. avuauLU'1'1 ON NO. 90-424 A RESOLDTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING THE PARRS MAINTENANCE AND RETROFITS AT VARIOUS CITY PARHS, CONTRACT NO. 90-022, AN7 AUTHORIZING THE FILING OF A NOTICE OF WMFLETION FOR THF. WGWC D22. Approval to execute Improvement Agreement Extension for DA 88-14 located on the northwest corner of Archibald Avenue and 8th Street submitted by Nollau Oevelapnent Company, Inc. RESOLUTION tio. 90-425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING 1HPROVE%EHT A6REEMANT -cwi'EN.c?nu syD L.~AOL oMENT 9ECUAITY FOA DR HE-ld D23. Approval to execute Improvement Agreement Extension for Parcel Map 17638, locntetl on the northwest corner of Baae Line Aoad and Victoria Park Lane, submitted by The Wliliam Lyon Company. City Council Minutes November 7, 1990 Page 7 RESOLUTION NO. 90-426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING 2HPROVEMENT AGREEMENT EXTENSION AND INPROVEMBNT SSCUAITY FOA PARCEL MAP 13838 D 24. Approval to execute Improvement Agreement Extension for DR 87-34, located on the we at eitle of Archibald Avenue south of Ra ee L1ne Acad, ccbr..itted by ARCM, Ltd. RESOLUTION NO. 90-427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SSCURITY FOR OA 57-34 025. Approval to execute Improvement Agreement 8xtension for Tract 30246, located on the southwest corner of Hilleitla Raad and Haven Avenue, submitted by JCR Developnent. RESOLUTION NO. 90-428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONCA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT 8Xi'BNSION AND iNPROVEHENT SECURITY POR TRACT 30246 MOTION: Moved by Alexander, seconded by Buquat to approve the Consent Calendar. Motion carried unanimrn,aly. 4-n-i !s.,.•.,.. _- ~ ~ • w • x H. CONSENT ORDINANCHS E1. CDNSZDERATION OF AN ORD INAN G AU F SPA E S I AL ES DEN IAL B LD NG AND S A D CESSO Y UILDING Debra .7. Aflame, City Clerkr read the titles of Ordinance Nos. 426 end 434. ORDINANCE tt0. 426 (second reeding) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALIFORNIAr AMENDING TZTLS 15, BUILDINGS AND MHSTRUCT:O:: GF iH'a RANCHO OOC>AONr.> pnHICIPAI. IUD , AOOPT ING SY REFERENCE STANDARDS NFPA 13D AND NPPA 13Rr` EOTH PUHLISNED BY THfi NATLONAL FIRfi PROTECTION ASSOCIATIONr AEQUTAINO THE INSTALLATION OP AUTOMATIC PIAfi SPRINHLBR SYSTEMS IN RESIDENTIAL OCCUPANCIES AND CERTAIN BUILDINGB ACCESSORY THfiRSTO, WITH CERTAIN AHENDMBNTSr CELETIONS AND fiXCEPT ION TO SAID CODES City Council Ninutae November 7, 1990 Page 8 ORDINANCB NO. 434 (second reading) AN ORDINANCB OP TH6 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, Al4:NDIRG TITLE 15, HVILDINCS AND CONSTRVCTION, OP TEBI RANCHO CUCAHONGA HUNICIYAL CODE AND ADOPTING BY REFERENCE STANDARDS NPPA 13D AND NFPA 13A, BOTH PUBLISHED BY TH6 NATIONAL PIKE PROTECTION ASSOCIATION, REQUIRING THE INSTALLATION 4F AVTOMATIC PZPF SPRZNELER SYSTEMS IN RHBIDHNTIAL OCCOPANCIS9 AND CERTAIN BUILDINGS ACCESSORY THERETO, WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTZON TO SAID CODES NOTION: Moved by Alexander, seconded by Wright to waive full reading and approve Ordinance Noe. 426 and 434. Motion carried unanimously, 4-0-1 (Brown absent). • • x • • x E2. $:,QNSIDERATION OF 6NVIRONw NT A 6S MENT VICTORIA COt4B]N ITY P N AMENDMENT 90-02 - CITY OF RANCHO Cnrz N - A iequeet to amend the density proviaLcne of the Victoria Community Plan to require changes in lend use designations to he approved by City Council. Debra J. Adams, City Clerk, read the title of ordinance No. 432. OADINANC6 No. 432 (second reading) av nnn~mvnv ne mmn. ..~. ... ............ ._ _.._ ___.. - -_ _._ ____ -..,..._... ... ..... w. n~~nw CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 90-02, AMENDING TH6 DENSITY PROVISIONS OF TN8 VICTORIA COMMUNITY PLAN TO REQUIRE CHANGES IN LAND VSE DESIGNATIONS TO B8 APPROVED BY CITY COUNCIL, AND HARING PSNDINGS IN SUPPORT THEREOF MOTIONt Moved by Alexander, seconded by Hright to waive full reading and approve Ozdinance No. 632. MOC ion carried unanimously, 4-0-1 (Brown absent). . • • • • . CONSIDERATION OF ENVIAON ENT A 6 •ffiNT D T ISTA MN'NITY P h AHENDMENT 90-01 - CITY OF caurwn m,ne - A iequeet LO emend the density provie ions of the Terre Vista Community Plan to require changes in lend use deaignat SO~n io bn nnnroveri by m r., nnonn~i Debra J. Adams, city Clerk, read the title of Ordinance No. 433. City Council Minutes November 7, 1990 Page 9 OND INANCB NO. 433 (second reading) AN OAD INANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING TBART. VISTA COMNVNITY PLAN AMENDMENT 90-01, AMENDING THE DHNSITY PROVISIONS OP THE TERRA VISTA COMMUNITY PLAN TO ABQUIRE CHANGE3 IN LAND USE DESI GNATIONE TO NE APPROVED BY CITY COUNCIL, AND MAXING FINDINGS IN SUPPORT TF~REOP MOTION: Moved by Alexander, seconded by Wright to waive full reading and approve Ordinance No. 633. Hot ion carried unanimously, 4-0-1 (Brown absen[). • } } f f 1 Fl. ENVIRONMENTAL ASSESSMBNT AND TENTATIVB TRACT 34192 HIY DEVEAPMENT - Appeal of the Planning Commission's decision to require the undergrounding of utilities and Che conetruciion of street and storm drainage improvements beyond the project boundaries for a residential subdivision of 65 single-family lots on 19.7 acres of land located south of 19th Street between Hellman Avenue and Amethyst Street in the Low Reeidentlal District - APN 202-061-12, 14, 40 and 44. (Continued from October 3, 1990) Staff report presented by Betty Miller, Aesoeiate Engineer. Mayor Stout opened the meeting for public hearing. Addteaeing the City Council wae~ Hrnest Hix, President of Hlx Development, stated he appreciated staff working with hie company over this long period of time. He stated there ie a project to improve 19th Street which includes a portion of storm drain, and that Lf this gcee in before hie project starts, hie project in that section would De put in with the 19th Street improvements and he would be improving north and south of 19th Street, and wanted this clarified to the City Council. He stated that on the work to the north everyone was in accord, and the tact khat one way of handling it would be to handle a /0 year storm to dry up that intersection. He stated their main concern was the undargrounding oP utilit iea because it was about n $200,000.00 item compared to about $20,000.00 to just move four poles, and did not feel this coat should be hie burden. Mayor Stout reiterated Mr. Hix'a position by etnting that 1) on the Hellman ,adaninJ, aithaaph hu did nut aurae with it. he wovid co ahead and rin rhia depending on what the Council does on the utility undergrounding issue, 2) ha stated that he would go ahead with the Mignonette reconstruction, 3) Che Amethyst street storm drain eltuat ion he was in agreement with ataff'a recommendation, and 4) the only real iBSUe was the aril lty undergrountling. Mr. Hix stated this wee correct. There being no further response, the public hearing was closed. City Council Minutes November 7, 1990 Page 10 Councilmember Alexander stated he felt St was the City's intent to do the undergrounding. Rick Goaxit, Community Development Director, stated that Nr. Hix agrees to do the main undergrounding, that it was only the part outside the tract that th¢ developer was appealing. Councilmeniber Buquet stated he would like to see enure mf the additional undergrounding, but would like to see some reimbursement to Hix Development also. Councilmember Wright felt the undergrounding was a good idea, but did not agree with the 320 feet because it was over and above what the City normally would ask a developer to 6e responsible for. Councilmember Alexander felt full undergrounding should occur, but did not think it should necessarily be the reeponelDility of this developer ..o have to pay for everything. Councilmember Buquet elated he felt the 660 feet additional waa a little too much. He adde8 he would like to see some type of reimbursement agreement worked out on this. NOTION: Moved by Baguet, seconded by Alexander for a Resolution to come back at the next mseLing which would state that Hallman ahou ld be widened, delete the 660 feat of undergrounding to the south, accept the Mignonette reconstruction as submitted by staff, end with ragnrde to the Amethyst Street reconstruction. that ibis Lu dntnt on ..,n ^....w,. ,.... . language on page 115 of the staff report, Hot ion .carried unanimously,-d-0-1 (Brown absent). + • + • « « F2. CONSIDEAAT ION OF AN APPS OF NOITION USE PENH IT 7S 03 A ND NT SAM'S PLACE - A request An appeal of the Planning Comm lesion's dec leion to extend the hours of operntion for an existing bar and restaurant located at the northwest corner of Carnelian and 19th Street Ln the Neighborhood Commercial District - APN: 203-511-56, 56, 59, 60. Staff report presented by Nancy Fong, Senior Planner. Hayor Stout stated he Le the appellant on this Stem. tIe stated this re etaurant location was approved in 1979, and that alcohol was allowed to be served. He ^_..,,-.n ued by 6tat ing that ahGiiiv after the orobiema at ar:p.i at the ?^_ar'e Head in^1986, certain Condit lone were placed on the restaurant and that alcohol would not De served after 31:00 p.m. because the restaurant was in a residential Brea, that this type of activity would only be allowed in a commercial Brea. CouneLimember Wright stated she was appealing this for the same reasons ae Mayor Stout. She etnLed she was appealing the use, not the user. City Council Minutes November 7, 1990 Pegs 11 Mayor Stout flaked if a new buyer epoirtg in would have any previous Conditions coot trued to ba in effect. Tames Markman, city Attorney, stated yea. Mayor Htout opened the meeting for public hearing. Addressing the City council were: Maannrino, 9333 Base Line, Suite 110, stated he felt the types o£ activity that went on prior to 1985 were what caused the 11:Otl p.m. time limit to De placed on this location. He felt the lounge waa an important part of the bueineee to make money. He added he tlid not feel this was In a total residential arse and clarified this Sa a restaurant/lounge in a residential/commercial shopping center and felt the appeal should be denied. Councilmember Huquet asked if Che property owner has any problem with this uea. Mr. Hannerl no ateted no. Mike MLtchell, President of the Chamber of Commerce and bueineee owner, end a resident at 5271 Turquoise, stated he Se present in defense of the Pellagrinoe because he did not feel problems existed. He felt this wee an opportunity for the City Council to show they supported smell bueinemeee. Ha stated ehle situation is what Le giving Anncho Cucamonga the Lunge of being difficult to do bueineee here. Rance Clouse, 5634 Draeden, real estate broker- +na c:.. +,..-_- __ _..o a Nwnomic ueve lopment Committee for the Chamber of Commerce, felt the appeal was unfair and should be denied. There being no further reeponae, the public hearing was closed. Council member Alexander elated he fell inconeietency was the issue, and that if this ie allowed in other locations, it shoo ld also be allowed Ln thLe instance. couneLlmember Buquet stated that he felt Councilmember wrlght and Mayor Stout's appeal was valid, but did not sae this bueineee ae being like the Boar's Head. He suggested the fallowing Condit Lone be added to those in the Planning Commies ion Reeo lotion: 6. No live entertainment. 7. oat the Condit tonal Gas Permit amendment be revoked upon transfer of ownership. John Mannerino ateted that No. 6 ie a moot point bacauam live entertainment ie already not allowed. City Council Minutae November 7, }990 Page 12 Councilmambar Buquet fait No. 7 should be added. He felt a trial period of six months ahonld be given and then have it come back to the Clty Council for review. Councilmem6er Wright asked if this could be done legally. .Tames Matkmanr City Attorney, stated he could not advise the Council that this could be done. He thought it would be worth a try, but was not sure it would work legally. Councilmember Wright stated she felt Same Place has good intenkione, but felt the appeal should be upheld. Mayor Stout stated he did not like the Chamber's ineinvation that the City ie anti-business because they are not. He etaCed that the owner, when he bought the business knew of the Condit lone, and wanted that point made. He stated no matter what type o£ use was want ln9 to stay open until 2:00 a.m., ha would not approve it, .Tames Narkmen, City Attorney, stated if iheze was a tie vote, it would need the full City Council to break the appeal, and addetl that Councllmeniber-Elect Dtare Williams was in the audience, and if this matter could wait until she ie sworn in, it could be decided then. MOTION: Movetl Dy 5toct, seconded by Wrig.`.t tc giant the appeal. Hoticn tied, 2-2-1 (Buquet, Alexander noT Brown abeam ). Councilmember Alexander euggeeted thev be allowed to hw n.,an ,m~~+ ++•~~ .,,,,, which would give the owners the opportunity to prove themselves. Councilmember Wright stated she did not agree with this becau ee it ie adjacent to a residential neighborhood. MOTION: Moved by Alexander, seconded by Buquet to extend the hours of operation by one hour and that the Planning Commies ion standards would still apply with this exception. Motion Cied, 2-2-3 (Stout, Wright nod Brown absent(. Mayor Stout euggeeted that the public hearing be continued to December 5 and re- opened for any further discussion or questions by Councilmembez-Bleci Diane Williams. MOTION: Moved by Wright, seconded by Buquet to continue the public hearing to December 5. 1990. Mot1~n Harried unasi m-ugly, 5-C-1 (8row,i ab6antl. ~ • • a • x F3. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMFNOMENT 90-OlA - SHBRWOOD - A request to amend the General Plan Lend Use Map from Flood Control/Utility Corridor to Low Reeidentiel (2 - 4 dwelling unite per acre( for 1.92 noes contained within two parcels of land locetsd north and south of an exisnsion of Highland Avenue, ndjacent to the east end west aides of the Cucamonga Creek Clty Council Minutes NovembeY 7, 1990 Page 13 Channel. The City Council will also consider Open Space and Very Low Residential (lees than 2 dwelling unite per acre) ae po6eible land use alternatives. The Planning Conmiaeion reconmends approral of Very Low Residential and issuance of a Negative Declaration. APN: 201-200-37 and 3062- 690-57 and 58. Staff report presented by Vince Bertoni, Assistant Planner. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Paul Peterson, Associated Engineers, etaied he ie in agreement with the Planning Commission's recommendation. Sherry Haywood, 6528 Peridot, stated they agreed with the VL designation, but asked that they only be single story buildings. She stated they did not agree with horses being allowed because she felt it would lower the value of her home and that she had bought the home thinking horeee would not be allowed. Mayor Stout stated the square footage and the number of stories involved is not the issue, but asked her to come back when this was brought up at another meeting. Me. Haywood stated she would. There Deing nc further reapones, the public hearing was dosed. The City Council stated they agreed with the land use designation. .,. ,. D iea, ury Flannery added they could not condition a land vee designation. Councilmember Buquet felt there shoo ld be compat ibillty between this project and existing properties. Councilmember Wright stated she felt the prepercy value would increase if this was macs horse property. Mayor Stout stated he agreed with Councilmember euquet and added that there were areas in Alta Loma and Etlwanda where horeee could be allowed. Councilmember Wright euggeeted that pose ably the Planning Commission needed to study this further. Mayor S_...... .e.~ Lne Fianntng Commiaeion had already atldreaeed th to Leeue. Brad Buller, Clty Planner, euggeeted that a deed restriction be placed on this property to work out this issue. Councilmember Wright stated uhe would like this studied further City Council Minutes November 7, 1990 Page 34 RESOLUTION NO. 90-429 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90- OlA TO AMEND THE GENEAAI, PLAN LAND USE MAP PAOH FLOOD CONTROL/UTILITY CORRIDOR TO VERY LOW RESIDENTIAL (LESS THAN 2 DWELLING UN ZTS PEA ACRE) FOR TWO PARCELS CONSISTING OP 3.92 ACRES OF LAND LOCATED NORTH AND SOUTH OF AN E%TENSION 02 HIGHLAND AVENUE ADSACENT TO THE EAST SIDE OF THE CUCAMONGA CAEBR CHANNEL), AND HARING FINDINGS ZN SUPPORT THEREOF MDTIONt Xoved by Wright, seconded by Buquet to approve Resolution No. 90-429. Hot ion carried unanimously, 4-0-1 (grown absent). ENVIRONMENTAL A93ESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 90 O1 BHEAWDGD - A request to amend the Development Districts Map from "FC^ Flood Control to ^L" Low Residential (2 - 4 dwelling unit per acrel for 1.92 asses contained within two percale of land located north and south of an extension of Highland Avenue, adjacent to the eaei and west aides of the Cucamonga Creek Channel. The City Council will also consider ^OS^ Open Space and "VL" Very Low Residential (leas than 2 dwelling unite per acre) as poeeLble land use alternatives. The Planning Commies ien recommends approval of Very I.ow Residential and issuance of a Negative Declaration. APN: 201-200-37 and 1062- 640-57 and Se. Debra J. Adams read the title of Ordinance No. 435. ORDINANCE NO. 4'19 ~fi°ot -e.a1..~) AN ORDINANCE OP THE CITY COUNCIL OF TH& CITY OF RANCHO CUCAMONGA, CALIFOR.Y IA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 90-01, AMENDING THE DEVELOPMENT DISTRICTS MAP FROM "FC" (PLOOD CONTROL) TO "VL" (VERY LOW RESIDENTIAL) FOR TWO PARCELS CONSISTING OF i.92 ACRES OF LAND LOCATED NORTH AND SOUTH OF AN E%TENSION OP HIGHLAND AVENUE ADSACENT TO THE EAST SIDE OF SHE CUCAMONCA CREER CHANNEL, AND MAR ING FINDINGS IN SUPPORT THEREOP MOTIONI Moved by Alexander, seconded by Buquet to waive full reading and set second reading of Ordinance No. 435 for November 21, 1990. Motion carried unanimously, 4-0-1 (Brown a6eent). . x x x x P4. $jl~j LyONMENTAL ASSESSMEVm sun `•°NT DI FNDM NT 89 06 THS q x. RO P A request to amend the'Development District Map from no toning deainnation to Low Resident 181 f2 - 4 dwelling unite per acre) for 7.94 acres of land located at the eoutheaec corner of Mllllken Avenue and Vintage Drlve - APN1 225-251-47. Staff recommends issuance of a Negative Daclnrel Son. Staff report presented by Stsva Nayee, Anociate Planner. City Council Ninutee November 7, 1990 Pages 15 Hayor Stout opened the meeting For public hearing. Addreeaing the City Council wee: Devid Lawrence, project coordinator for Janae Group, stated they supported the Planning Conmiseion'e recommendation. Hayor Stout asked iE there had been neighborhood meetings. Mr. Lawrence stated yes. there being no further response, the public hearing was cloned. zebra J. Adams, City Clerk, read the title of Ordinance No. 436. ORDINANCE NO. 436 (fir et reading) AN ORDINANCB OF THS CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DBVSLOP1fENT DISTRICT NO. 69- 06, A REQVSST TO AMEND 'fHB DSVELOPlDSNT DISTRICTS MAP PROM NO EON INC DESIGNATION TO LOW ABS IDSNTIAL (2 - 4 DWSLLINO UNITS PER ACRB) FOR 7.94 ACRES OF LAND LOGTED AT TH8 SOVTHSAST CORNER OF MILLIREN AVBNUS AND VINTAGE DRIVE, AND MAKING PINOSNCS IN SUPF9RT TMEABOP MOTION: Moved by Buquet, eeconled by Alexander to waive full toading and set second reading of Ordinance No. 63fi for November 21, 1990. Motion Carried unanimous ly, 4-D-I (Brown abment). • f • • • R F6. ENVIRONMENTAL ASSESSMENT AND GENERAL P N A.NENDM NT 90 02A CITY OF RANCHO CUCAMONGA - A request to amend the Public Facilities Element of the General Plan, in conformance with Cal ifornia'e Health and Safety Code Section 26136.7(c), to Lncorporate by reference the San Bernardino County Hazardous Waste Management Plan, ae approved by the California Department of Health Services June 15, 1990. Statf report presented Dy Lori Moore, Resistant Planner. Mayor Stout opened the meeting for public hearing. There Doing no re6ponee, the public hearing was oloeed. Councilmamber euquet etnted he eeryed on the tusk Force with the County and eE eted that moot of r.hw imps nt wm~ld M !.^. the !nd•Lr ial -- -nd felt it wan heeded in the same direction as the City's existing plan. •r City Council Ninutge November 7, 1990 Page 16 RESOLUTION NO. 90-630 A RESOLUTION OF TFD3 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AHENDNENT 90- 02A AMENDING TEB GBNBRAL PLAN TO INCORPORATE BY REFERENCE THE APPROVED SAN BSANARDINO COUNTY RAEARDOVS HASTE NANAGE!ffiNT PLAN (CHWMP) INTO TN8 PVBLIC FACILITIES SECTION OF THE LAND USE AND DSVELOPMBNT SLSHSNT POR RANCHO CUCAHONGA, CALIFORNIA, AND RARING FINDINGS IN SUPPORT THEREOF NOTION: Moved by Buquet, seconded by Alexander io approve Resolution No. 90- 430. Notion carried unanimously, 4-0-1 (Brown absent). R R R f R Mayor Stout eal2ed a recess at 8:58 p. m. The meeting was called back to order at 9:20 p.m. with all members of Council present (Brown absent ~. R R R• R R P6. $NVIRONMBNTAL ASSESSMENT A_ND 3PECIFIG P B9 O1 CON RTI H OF 8 NORTH LANDONNER$ - A request to approve Planning Commission's recommgndai ion to deny a Specific Plan for 5,0$0 dwelling unite, 9.6 acres of commercial, and related school, park, and open apace ogee on 6,754 acres of land generally located north of 24th Street with portions north of HigRland Avenue, south of the National 8oreet Boundary with portlong within the National Poregt, seat of the extension of xillikan Avenue, and weer of the Fontana City limit. Planning Commiaeion rwanmmondn Annl.: v1l w..nw .... i..a,..., r.-an ____... _... __ .. .... . . __.,_____. ____- --~_~- t~......e.. .,r ...... Brett, Associate Planner. Haynr Stout opened the meeting for public hearing. Addressing the City Council woe: Gary Mitchell, 10722 Arrow Route, Pelt it was good the City was taking steps to do ire own plan for the area. There being no further raeponea, the public hearing was closed. Mayoc Stout stated that just recently the Clty had a meeting wlih the County and that everyone seems to be cominq to an agreement and would be able to work out the problems for this area. Coc nci la~n.Tb2r $uyuet stated hn Feit aienifican2 pr...;roog n.n wee;; _ac, _ added he felt Rancho Cucamonga ehculd have juriedict ion in that area. City Council Minutes November 7, 1990 Page 17 ABSOLUTION NO. 90-631 A RESOLUTION OP THS CITY COUNCIL OP THE CITY OF [tANCHO CUCAMONGA, CALIFORNIA, DENYING WITHOUT PREJUDICE, SPECIFIC PLAN 89-01, GBNBRALLY LOCATHD NORTH OF 24TH STREET WITH PORTIONS NORTH OF HIGFII.AND AVENU%, SOUTH OP TH8 NATIONAL FOR85T BOUNDARY KITH POATION9 WLTHIN TFffi NATIONAL FOREST, BAST OF TH6 8XT8NSION OF MLLLIREN AVBNUB, AND WEST OF TFD; PONTANA CITY LIMIT MOTION: Moved by Buquet, seconded Dy Alexander to approve Resolution No. 90- 631. Motion carried unanimously, 4-0-1 (Brown absent). O. PUBLIC HSARINOB G1. CONSIDERATION TO REDUCE THE SPEED LIH IT ON ROCHSS"'ER AVENUE HETWEF FOOTHILL BOULEVARD AND RABS LINE ROAD Staff report presented by Paul Aougeau, Traffic Engineer. Mayor Stout opened the meeting for public hearing. Addressing the Council woe: WLlliam Odom, 7649 Fennel Aoad, in Che Rochester Tract, stated the rssldents appreciated a scent mast ing end the rasa lte that come out of it. He stated the residents would like a 4D m.p.h. speed limit and 25 m.p.h. ahen children ors around. Mayor Stout et ated the 25 m.p.h. hoe not gone before the Public Safety Commission end that the Council would only be considering the 40 m.p.h. limit. Cou nc ilmember Wright suggested that the school bus atop could be moved if that would help matter e. Counc ilmember Buquet asked if someone from staff could contact the school dietxict about this. There being no further response, the public hearing was closed. Councilmember Alexander felt the 40 m.p.h. speed limit should be approved. Mayor stout stated he agreed with the 40 m.p.h. speed limit on Rochester. Debra J. Adams, City Clerk, read the title of Ordinance No. 437. ORD INANCS NO. 637 (first reading) AN ORDINANCE OP TH6 CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, SECTION 10.20.020 OP TNH 0.4NCN0 CUCAMONOA CITY CODE, RSOARDING PRIMA FACIE SPEED LINI T9 UPON CBATAIN CITY STREETS City Council Minutes November 7, 1990 Page 1B NOTION: Moved by Alexander, seconded by Buquet to wai~•e full reading and set second reading of Ordinance No, 437 for November 21r 1990 with the speed limit on P.ochester to be set at 60 m.p.h. notion carried unanimously, 4-0-1 (Brown absent). • • • a • x ITeW9 62, 03, AND 04 HERE CONSIDERED AT THE HAMS TINB. G2. VB IC R G -0 W RS I I PA OCHE AVENVE AT FOOTHILL BOULEVARD AT THB PROPERTY TOCATED AT 11929 FOOTHILL BOULEVARD fAPN• 229-021-171 POA THE INSTALLATION OP TRAFFIC SIGNALS AND IMPROVEMENTS TO THE INTERSECTION AT SAID PROPERTY Staff report pre vented by Mike Olivier, Sr. Civil Engineer. Mayor Stout et ated he was in receipt of a letter regarding item G2. Mayor 5tnut opened the meeting for public hearing. Theze being no response the public hearing was closed. RESOLUTION NO. 90-432 A RESOLUTION OP TH6 CITY COUNCIL OF THE CITY OF PANCHO CVCAHONGA, CAL IPORNIA, DBCLARING THS PUBLIC NBED AND NBCBSSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THB CITY OF RANCHO CUCAMONGA AND HARING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wright to approve Resolution No. 9D-432. Motion carried unanimously, 4-0-I (Brown absent). R • • • • 1 G3. V H R N M O IO W O AVENUE AT FOOTHILL BOVLEVARD AT THB PROPERTIES LOCATED AT 8171 ROCHESTER $:jENUE AND 31941 FOOTHILL BOULEVARD 1 9 02 32 RE PHC Y O INSTALLATION OF TRAFFIC SIGNALS AND IMPROVEMENTS TO THfi INTERSECTION AT SAID Staff report presented by M1ke Olivier, sr. Civil Engineer. RESOLUTION NO. 90-433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Gr RANCHO CUCAMONGA, CALIFORNIA, DECLARING THS PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OP CERTAIN RHAL PROPERTY LOCATED IN THE CITY OP RANCHO CUCAMONOA AND NAKIN6 FINDINGS IN SUPPORT THEREOF MOTIONS Moved by Buquet, seconded by Wright to approve Resolution No. 90-633. Motion carried unanimously, 4-0-1 (Brown absent). City Council Minutes November 7, 1990 Page 19 f ; f • f R G4. pUBLIC NEARING OF pROTBSTS REGRADING EHI NT DO AIN ACTION TO ACOUI PUBLIC RICHT-0F-WAY POA THS SI _xa• a AVENUE AT FOOTHILL BOULEVAa9 AT TNB PROPERTY DCATED AT 118]• POOTNI-~L BOC^_,FVAR9 (APN: 229-011-10f FOR THR rxemn nnammx n ~WA,~ --- - "S TO THS INTERSECTION AT SAID PROP PTY Staff report epreeented by Mike Clavier, St. Civil Engineer. RESOLUTION NO. 90-434 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDElW A PORTION OP CERTAIN REAL PROPERTY LOCATED IN THE CITY OP RANCHO CUCAAONGA AND HARING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Buquet, seconded by Wriqht to approve Aeeolut ion No. 90-433. Motion carried unanimously, 4-0-1 (Brown absent). f ! • • f R R CITY MANA66R'8 BTAPP *PORT6 Hi. CONS-D£AATION OF A SO ION AND USE OF AN "INLAND EMPIRE" PO R SLaff report presented by Jack Lam, City Hanager. A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CllCAMONGA, CALIFORNIA, TO INSTITUTE THE INLAND EMPIRE POSTMAAE MOTION: Moved by Bnquet, seconded by Alexander to approve Aeeolu[ion No. 90- 435. Hot ion carried unanimously, 4-0-1 (Brown absent). R R R f H2. GENERAL PLAN AMENDMENT 90-038 - CITY OP axrw0 CUCAMONGA - A request to adopt a Resolution of Intent for various changae in Lhe land use, circulation, and publir. fecal It lee elements of the General Plan to provide consistency between the ELiwanda North Specific Plen antl the Cenernl Pi an, ae well ae changae in other elements ae may 6e needed to provide internal consistency within tie Generai Pian, for r.hw aro, _ eral ly lccat Od ••ithin .._ ai.da North Specific Plnn, portions north of HLghland Avenue, ecuth of the National Forest Boundnry (with port lone within the National Poreet), east of the extension of Milliken Avenue, end west of the Fontana City limit. StaEt report presented by Mikl BratL, Associate Engineer. Jack Lam, Clty Manager, added that this is not the adoption of the changes, only to continua through the channels of the process. City Council Minutes November 7, 1990 Page 20 RESOLVTION N0. 90-636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, OF INTENT TO PREPARE AMENDMENTS TO THE GENERAL PLAN INCLVOINC VARIOVS CHANCES IN THE LAND UEE, CTACOLATION, AND PVBL IC FACILITIES ELEN.ENTS TO PROVIDE CONSISTENCY BETWEEN THE ETIWANDA NORTA SPECIFIC PLAN AND THE GENERAL PLAN, AS WELL AS CHANGEE IN OTHER ELElfENTS AS MAY BE N£EDD•D TO PROVIDE INTERNAL CONS T-ST'L'27CY WITHIN THE GENERAL PLAN MOTION: Moved by Alexander, seconded by Buquet to approve Resolution No. 90- 436. Motton carried unanimously, 4-0-1 (Brown absent). % R t, } R R H3• CONS ICEAATION OF PVHLIC SAFETY fOMHISSION'S RECOMMENDATION PQ IN IT [ATE ¢Cfi100L PARKING ENFORCEMENT PRO ,RAM AND NEW PAAXING ENFORCEMENT PAOC^OURES Staff roport presented by Duane esker, Asei etant to the City ManageY. Hel'or Stout suggested the amount of the fines be looked at because he fe Lt they were low, and possibly they could change them before the citations were printed. Counci lmamber Wright asked if the Clty would have any ilability for the proctors actlnq ae an agent for the City, Deana Haker, Assistant to the City Hanager~ stated that this hoe not come up but could be checked Into. Ceuncllmember Wright stated she wnn ~~+ ?_.,,, legal opinion if the City would be liable F~c t..c y. wccora acting ae an agent for the City. Councllmember Huquet stated he hoe problems with the contract service provisions. Ne did not see them ae being a facilitator, only to collect money, He felt it should b¢ done ttrough a city etantlpoint. He felt the schools shoo ld be cautioned about the proctors iseu ing citations, He stated he likes the concept, but is only que9t topiuy this being done Chrough the proctors. Duane Beker, Resistant to the City Manager, stated he ie looking for approval to enter into a contract with a vendor, printing of the citations and Lralntng of the prootor9. H¢ continued to state ha can gat the questions answered the Council hoe and come back to the Clty Council with the Lnformet ion before he moves foYward. ACTION: Fuithet Lnformation to cone bare at the ovember 21, 1990 meeting. R R R R R R z covxcm evaltless No ic¢ma submitted, City Council Minutes November 7, 1990 Page Z1 : • • e • + J IDENTIFICATION Or ITE118 iOR NHYT INSBTINO No items were identified for the next meeting. : x • : x + R. COMMOIfICATIONB PROM THB P[IRVrr H1. Iswie Trout, 7861 Leucite, thanked the City staff far how they handled the election and candidaGee. Ha felt the issue of the Mayor`s term should be pui to a vote of the people to be coneldesed for a four year term, and should be synchronised with the City Council terms. 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J m J J O O } :' r _ \ . dON HU88ARD'S IRVINE FARMERS MARKET 7945 Vineyard Ave., Ste. D-1 Rancho Cucamonga, CA 91730 APN# 208-101-11 Currently Zoned: Commercial-Foothill Specific Pian Sub-Area Two Zoninq of Adjacent Property: North: Lnw :'tedium/ Inw Rec_id_a_nt_ial south: Meoium Residential East: Commercial-Foothill Specific Plan Sub-Area One West: Conmercail-Foothill Specific Plan Sub-Area Two/ Low Residential S. Ramirez 11-16-90 9 nrmv nc n . wrn rrn n r rn . ,.rna.n . STAFF REPORT GATE: December 5, 1990 T0: City Council and City Manager Q, FROM: Paul A. Rougeau, Acting Doputy City Engineer v BY: Mike Olivier, Senior Civil Engineer SUBJECT: Approval to open escrow with Judy Lynn Malloy, Administrator for the estate of Evelyn Lorraine Malloy, for the purchase of land at 8783 Arrow Route, being for the street right-of-way for the Arrow Route Widening Protect from Baker Avenue to Yineyard Avenue for (5,600.00, plus escrow costs of ;1,000.00 to be paid from Systems fees Account No. 22-4637-8738 and authorize the Director of Community Development to execute all necessary documents RECOMMEI©ATION: Recommend approval and direct staff to open escrow with Judy Lynn Malloy, Administrator for the estate of Evelyn Lorraine Malloy, for purchase of land at 8783 Arrow Roux, for street right-oP-way for the Arrow Route Midening Pro,~ect from Baker Avenue to Vineyard Avenue for f5,600.00 plus escrow costs of (1,000.00 to be paid from Systems Fees Account No. 22-4637-8738 and authorize the Director of Community Development to execute escrow documents on behalf of the City. BA6xUNUUnU/NFni~~i5 The Engineering Design staff met with Judy Lynn Malloy, Administrator for the estate of Evelyn Lorraine Malloy, to discuss resolution of the right-of-way acquisition at 8783 Arrow Reute shortly after the death of Evelyn Lorraine Malloy. Tt was mutually agreed that the City would purchase the portion of the property previously dedicated far right-of-way instead of installing certain improvements which ware agreed upon with the deceased. The purchase price 1s based on an appraisal Drepared by an independent appraisal consultant The mutually acceptable result is the above recommendation plus the City absorbing normal escrow closing costs. Permission is sought hereby to allow the Director of Community Development to execute and validate escrow documents on behalf of the Cfty. Respectfully submitted PAR:MO:sd ~~ - CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: December 5, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Lucinda E. Hackett, Contract Civil Engineer SUBJECT: Acceptance of Offer of Dedication for Street, Highway Related purposes, for Boston Place (6 feet widel, loc west of Rochester Avenue and south of Jersey Boulevard Lincoln Property Company, Inc. RECONENDATIOM: it is recommended that City Council adopt the attached resolution accepting the 6-foot wide Offer of Dedication on Boston Place and authorizing the Mayor and City Clerk to sign saiae and cause same to record. BACKGROUND/ANALYSIS The developer for Parcel Map 12781 and Development Review 87-56, located on the southwest corner of Jersey Boulevard and Rochester Avenue, has requested that the City accept the additional dedication for Boston Place Itxni o7L ql oy accepcing cne urrer or ueaicacion rram ci ncoin rropercy Company Inc., in order to construct parkway improvements on the east side of Boston Place as a requirement of this pro,~ect. Respectfull~`y~submitted, PAR:LEH:sd v Attachment ~~ RESOLUTION NO.~/Q '~} ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A 6-FOOT OFFER OF DEDICATION FOR STREET, HIGHNAY AND RELATED PURPOSES FOR BOSTON PLACE The City Council of the City of Rancho Cucamonga does hereby resolve as follows: Section 1: The offer to dedicate to the City of Rancho Cucamonga, State of „arTiTorni-a, the uroperty herein described for Street, Highway and related purposes, is hereby accepted. Said property is described as follows: A 6-foot wide easement, within Parcel 3 of Parcel Map No. 8648, in the City of Rancho Cucamonga, County of San Bernardino, State of California, said map being recorded August 1, 1985, in Bo°k 97 of Parcel Maps at Page 87 through 89 in the Office of the Recorder of said county, and more particularly described as follows: Commencing at the most northwesterly corner of said Parcel Map No. 8648, said corner lying in the centerline of Jersey Boulevard (now known as Boston Place) as shown on said map; Thfince along the northerly boundary line of said Parcel Map No. 8648 North 89 43'21" East a distance of 27.00 feet to the northeast corner of Parcel 3, said corner being the true point of beginning of that certain parcel of land hereinafter described; Thence continuing along said northerly boundary line North 89°43'21" East a distance of 6.00 feet; Thence leaving said boundary 1{ne South 0°25'46" West a distance of 215.77 feet to the beginning of a tangent 96.00 foot radius curve concave easterly; Thence southerly along said curve through a central angle of 15°00'00" and an arc distance of 25.13 feet; Thence leaving sa9d curve South 14°34'14" East a distance of 87.51 feet to the beginning of a 61.00 foot radius curve concave northwesterly; Thence southerly and westerly along said 61.00 foot radius curve through a central angle of 105°00'00" and an arc distance of 111.80 feet to a point on tFe . ..lu 6 .. d ~ ii roc t . n..a... y v0un a„ ul sold Parcel 3; Thence along said westerly boundary line North 0°25'46" East a dl5tance of 6.00 feet to a point on the southerly proiectton centerline of said Jersey Boulevard; Thence easterly and northerly along a radial 55.00 foot radius curvrb whose radius point bears North 0 25'46" East through a central angle of 105 00'00" and an arc distance of 100.80 feet; ~d' RESOLUTION N0. DEDICATION FOR BOSTON PL. PAGE 2 Thence leaving said curve North 14°34'14" West a distance of 97.51 feet to the beginning of a tangent 102.00 foot radius curve concave easterly; Thencg northerly along said 102.00 foot radius curve through a central angle of 15 00'00" and an arc distance of 26.70 feet; Thence leaving said curve North 0°25'46" Eas*, a distance of 215.17 feet to the true point of beginning; Containing 0.06 acre, more or less. Section 2: The City Clerk is hereby authorized and directed to cause a cerEiTfed copy of this resolution to be filed for record in the office of the County Recorder of the County of San Bernardino, State of California. /3 ~,.. .c .? \~- i _.i~._J ~~.._.. ROC!-IESTEiZ AV .^w~~ ~_- - --- '„ ~ ' '~ i O sl _ v%' w~ .,Y - ~ ~ ~ ~ `e ~ ',• 0 ~ W ~~1 a ~ 4 0 ' ~ t O ' n~~ ~ ~ ~~ z . ~ k ., i C1`~ ' o-' f --~ ~ ~ ~ ~ W r ~~ ;; a ~ ~ -~ ~ I ; ',~ `_ ~ ' ~ R`• __~ ~ + 1305TON PL.- ''~ -~ Fes- `~" '-' ~• --~ ~ r,mv nee o n wer vn r„n ~ nrnw,n n STAFF REPORT DATE: December 5, 1990 T0: City Council and City Manager FROM: Paul A. Rnugeau, Acting Deputy City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: Approval and Execution of Program Supplement No. 15 to Local Agency -State Agreement No. 08-5420 between the City of Rancho Cucamonga and the State of California for the preparation of design plans, contract specifications and engineer's estimate for Haven Avenue Rehabilitation and Widening from 4th Street to Foothill Boulevard. The supplement sets the Federal portion of the project at (150,272.00 and the City's portion at f24,728.00 with the provision to increase the City's portion should the need arise. Funding for the Supplement Agreement shall be from Systems Development Funds. RECOMENDIITION: tt is hereby recommended that the City Council approve and execute the attached Resolution that authorizes the execution of Program Supplement No. 15 to Local Agency - State Agreement for Federal Aid Projects No. 08-5420 and a certified copy of said Resolution along with the executed original copies of the executed Supplement be sent to the State of California for their execution. BACKGROUND/ANALYSIS Attached herewith are the duplicate original copies of the above subJect Program Supplement No. 15 to Local Agency - Stzte Agreement for Federal Atd Prolec is No. 08-5420. This program supplement provides for the preliminary engineering (design plans, contract sped?icatlons and engineer's estimate) for the Haven Avenue Rehabilitation and Widening from 4th Street to Foothill Boulevard. Tha supplement sets the Federal portion of the project at (150,272.00 and the City s portion at 524,728.00 with the provision to increase the City's portion should the need arise. The Federai portion to be limited to the amount shown. Funding for the Supplement Agreement shall be from Systems Development Funds- Respectfully su itted, ~~~ PAR:JAD:Iy Attachment /5 RESOLUTION N0. 9Cl - `7`~a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAX SUPPLEMENT N0. 15 TO LOCAL AGENCY - STATE AGREEMENT N0. 08-5420 FOR THE PREPARATION OF DESIGN PLANS, CONTRACT SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR HAVEN AVENUE REHABILITATION AND NIDENING FROM 4TH STREET TO FOOTHILL BOULEVARD. WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as "Local Agency"), has for its consideration and execution, the Program Supplement No. 15 to Local Agency - State Agreement Ho. 08-5420 for the preparation of design plans, contract specifications and engineer's estimate for the Haven Avenue rehab171tat1on and widening from 4th Street to Foothill Boulevard; and WHEREAS, the State of California, Department of Transportatlen, OTStrlct Office 8 (hereinafter referred to as "State") processes ar~d monitors federally funded protects; and WHEREAS, as a condition to payment of Federal funds for Bald pro,iects, the Local Agency shall approve and execute said Program Supplement No. 15. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolve to: 1. MY UWf ILC LOC LACVYN YII YI ~Yppl lllRil4 ~Y. 1J W LYIYI MyC111.J - State Agreement No. OB-5420 for the preparation of design plans, contract specifications and engineer's estimate for the Haven Avenue rehabilitation and widening from 4th Street to Foothill Boulevard in the City of Rancho Cucamonga, San Bernardino County. 2. To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of this Resolution, as well as type 1n the Resolution number and date 1n the blank of the third block of said supplement and for the return of the original copies of said supplement to the State of California Department of Transpertatlon along with the certified copy of this Resolution. BE IT FURTHER RESOLVED that the Local Agency shall also comply with the "$--yetid) Cover,a 6L5 Oi' Remark s° attdChed to Sai u' Supplement int)Uding: 1. All maintenance, involving the physical condition and the operation of the Improvements, referred to in Article V1 MAINTENANCE of the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as reQutred for ~~ RESOLUTION N0. HAVEN AVENUE REHABILITATION DECEMBER 5, 1990 PAGE 2 efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this protect and will obtain the State's concurrence prior to either award or refection of the contract. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highw4y 4de:lnistration to the Federal-Aid Pro,ect Agreement (PR-2)/Oetaii Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases 1n Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. Con:aruction will be programmed as a separate program under Comlilned Road Plan procedures. 5. in "xecuting this Program Supplemental Agreement, Local Agency hereby reaffirms the "NOndiscrlmination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 6. Nhenever the Local Agency uses a consultant on a cost plus basis, the Local Agency 1s required to submit a post audit report covering the eligibility of cost payments for each individual consultant or subcontractor incurring over 125,000 on the proJE:ct. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 49, Part 18, Subpart C-22, allowable costs. ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: December 5, 1990 T0: City Council and City Manager FROM: Paul Raugeau, Acting Deputy City Engineer BY: N1111e Yalbuena, Assistant Engineer SUBJECT: Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 11472, located on the south side of 19th Street, east of Hermosa Avenue, submitted by JCR Development and Investment REC01lEMDATION It Ts recommended that the City Council adopt the attached resolutions approving Parcel Map 11472, accepting the subiect agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to sign said agreement and to cause satd map to record. ANALYSIS/BACKGROUND Parcel Map 11472, located on the south side of 19th Street, east of Nennosa Avenue, in the Low Residential Development District, was approved by the P]annlna Cammissi nn nn Fnhrua ry p? rono s... ftie g.,.t _.c~ .f n oo __ .rw parcels. ""' ` The Developer, JCR Development and Investment, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: (11,000.00 Labor and Material Bond: f 5,500.00 Monumentation: S 2,500.00 Copies of the agreement and security are available in the City Clerk's Office. A Letter of approval has been received from Lhe Cucamonga County Nater Dtstrlat. The Consent and Naiver to Annexation form signed by the Developer is 9R file to the Ctty Clerk's office. Respectfully su~tted P R : N Y (/ d/C,M G, : (d 1/ /~/l wLJ nl Attachments / RESOLUTtON N0. 9O • Y.J l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 11472, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY NHEREAS, Tentative Parcel Map Na. 11472, submitted by JCR Development and Investment, and consisting of 2 parcels, located on the south side of 14th Street, east of Hermosa Avenue was approved by the Planking Commission of the City of Rancho Cucamonga, on February 22, 1989, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and NHEREAS, Parfet Map No. 11472 is the final map of the division of land approved as shown on Bald Tentative Parcel Map; and NNEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said C1 /;y have now been met by eniry Tnto an Improvement Agreement guaranteed by acceptable Improvement Security by JCR Development and Investment as developer. NON, TIi'cREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCMN1NG11 HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the Ltty of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map u~ ria» ne and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to oe t~lea ror record. ~9 RESOLUTION N0. 9O'y~~p~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 11472 NHEREAS, the City Council of the City of Rancho Cucamonga, Cal!fcrnia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafter referred to as the "Maintenance District"): and NHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and NHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and Incorporated herein by this referenced to the Maintenance District; and NHEREAS, all of the owners of property within the territory Proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII HEREBY RESOLYES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this le islative body hereby orders Lhe annexation of the property as shown 1n Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, Including t e evy of all assessments, shall be applicable W the territory annexed hereunder. a~ EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 X0.0 cEU c4~uE e if ~ ~ ~~ rl,~ r,. o PAR[A I b upro nn /~ ~,.~ -' .ern, ~.:,ia ~r /" ~'. iRS~i~ ~ ~ STREET ~/6HTS-? ~ ~ ~ SPPE£T 71PEES - H ~LaL l ~~ dJ~ + - - C _ t~.s.we cws ,.aL 0 8~~ cum's .s ~___ a ~~ s-X. ~~~ CITY OF RANCHO CIa1CAMONGA COUNTY OF SAN BERNARDINO e/V1 11472 STATE OF CALIFORNIA ~' EXHIBIT 'B' PROJECT NAME: PARCEL MAP 11472 N0. OF D.U. OR ACREAGE: ,82 ac N0. OF ASSESS. UNIT: 1.69 Assess units pcl 1: .50 pcl 2: 32 :'>3'I acres STREET LIGHTING iN1INTENANCE DISTRICT No. of Lam s to be Annexed District No _ ~_ 1 --' 1 '° --' --- 2 1 --- --_ ___ ___ LANDSCAPE MAINTENANCE DISTRICT CanrmniCY Turf Otstrict No. Street Nave Eguest.Tra11 Sg• ft• 1 a9th Sr. --- --. Hamilton St. --- -•- JAA:12/5/90 Ground Cover Trees Sg, ft. Ea. I3a-c / --- 1 as CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: December 5, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy CTty Engineer BY: Lucinda E. Hackett, Contract Civil Engineer SUBJECT: Approval of Maps, Improvement Agreements, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract Nos. 13303, 13303-1 and 13303-2, located on the southwest correr of Terra Vista Parlcwaly and Mountain View Dr1ve, submitted by Lewis Development Comparry RECQMIENDATIOM: It is recommended that the City Council adopt the attached resolutions approving Tract lbs. 13303, 13303-1 and 13303-2, accepting the sub,~ect agreement and security, ordering the annexation to Landscape Maintenance District No. 4 ant Street Lighting Maintenance D1strlct Nos. 1 and 4, and authorizing the M~~or and the City Clerk to sign said agreements and to cause Bald maps to record. BACKGROUND/ANALYSIS tract cos. i3.iue, is,iGs-i ana i3sGb-t, located on the soucnwesc corner of Terra Yista Parkwy~ and Mountain Wew Dr1ve, 1n the Law-Medium Residential District, were approved by the Planning Commission on December 9, 1987, far the dl vision of 13.98 acres into 96 lots. The Developer, Lewis Development Company, is submitting agreements and securities to guarantee the construction of the off-site improvements 1n the following amounts: Faithful Performance Labor 8 Material Bond Band Tract No. 13303 Street improvements f113,000 S 56,500 Tract No. 13303-1 Street Improvements 5327,000 5163,500 Tract No. 13303-2 Stn!et Improvements (216,000 (108,000 Storm Drain for Tract Nos. 13303, 5165,000 fS 82,500 13303-1 and 13303-2 CITY COUNCIL STAFF PEPORT TRACT NOS. 13303, 13303-1 AND 13303-2 DECEMBE0. 5, 1990 PAGE 2 Faithful Performance Labor d Material Bond Band Terra Vista Pkwy East d MPSD Line 5-3 ;476,000 ;238,000 (Mt. Yiew Dr. to Orchard - vacated) Terra Yista Pkwy East Medians 5116,000 ; 58,000 (Mt. Yiew Dr. to Church St.) Copies of Lhe agreement and security are available to the City Clerk's Office. Letters of approval have been received from Cucamonga County Nater District. The Consent and Waiver to Annexation form signed by the Developer Ts on file in the City Clerk's Office. Respectfuli submitted, ~~~~~ PAR:LEH:sd Attachment ~~ RESOLUTION N0. ~JQ-~/(P/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAI, NAP OF TRACT NOS. 13303, 13303-1 AND 13303-2 NHEREAS, the Tentative Map of Tract Nos. 13303, 13303-1 and 13303-2 consisting of g6 lots, submitted try Lewis Development Caap3gy, Subdivider, located on the southwest corner of Terra Vista Parkway and Mountain View Drive, 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 Tn compliance with the requirements of Ordinance No. 28 of said Ctty; and N4EREAS, to meet the requirements established as prerequisiix to approval of the FTnal Nap of said TraeLS said Subdivider has offered the tmprov~~~ent Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submit:: for approval said Final Naps offering for dedlcatlon far public use the streets delineated thereon. NON, THEREFORE, BE IT RESOLVED by the City Councii of the CiRy of Rancho Cucamonga, California, as follows: 1. That said improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk Ts .._ .,.....,.. a,A e. That sold Improvement Security is accepted as good and sufficient, subiect to approval as to form and content thereof Dy the fity Attorney; and 3. That the offers for dedlcatlon and the Final Maps delineating same be approved and the City Clerk 1s authorized to execute the certificate thereon on behalf of said City. as RESOLUTION H0. 9O-~(Qp1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION aF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 AND STAEET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT NOS. 13303, 13303-i AND 13303-2 WHEREAS, the Gity Council of 4he City of Ranchc Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Llghttng Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 4, Street Llghttng Maintenance District No. 1 and Street Llghttng Maintenance District No. 4 (hereinafter referred to as the "Maintenance District"); and NHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Llghttng Act of 1972" authorize the annexation of additional territory to the Maintenance DTstrlct; and WHEREAS, at this time the City Council 1s desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and NHEREAS, all of the owners oP property within the territory proposed to be annexed to the Maintenance District have filed M th the City Cierk their written consent to the proposed annexation without notice and hearing or f"l iwn ni .n C....1.....4 xn--.....x ... ..~ -. -.. -~.~..--. - ..r..r . . Nqi, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLpiS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this leglsiative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including t e evy of all assessments, shall be applicable to the territory annexed hereunder. d~ 'A• a LAN SECS ESM MENTA DEA~iRp M NO. 4 STREET LIGFITING MAINTENANCE DISTRICT NOS. 1 AND 4 CITY OF RANCNO CUCAMON~iA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TQ /~n-a~-~- II EXHIBIT 'B' PROJECT NAME: TRACT NOS, 13303, 13303-1 AND 13303-2 N0. OF D.U. OR ACREAGE: 96 d/u N0. OF ASSESS. UNIT: 96 assessment units 57REL'T LIG'iTING MAINTENANCE 0[STRICT No. of L s to be Annexed District No. ,,_ 1 --- 9 --- --- --- 4 30 --- ___ _-_ --- LANDSCAPE M4INTENANCE DISTRICT District No. Street Name 4 Terra Vista Parkway to Tract 13303 Mt. VSeN to Orchar6 (median island) Mountain Vtew (ad,1• to Tract 13303) Barrett Paseo Dickens Paseo Byron Paseo Palm Meadows Paseo Nary Paso Turf Ground Cover Trees Sg. ft. Sg, ft. Ea. 7462 4962 18 --- 8292 62 4852 3401 26 1120 -- 5 7250 280 e 1200 --- 1 4750 --- 5 1250 --- i JAA:12/5/90 d~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 5, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, Public 4orks Inspector Il-~~_ ~~ SUBJECT: Approval of Improvement Agreement Extension for Tract 13566-3, located on the south side of Suawtt Avenue between Cherry Avenue and Hardman Bullock Road, submitted by Etfwanda Highland Partners. RECOMEIDATIgI It is recomiended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and Ctty Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13566-3 were approved by the City Council on October 4, 1989, in the foltowtng amounts: ~aikniui veriormance aond: >oue,wu.uu Labor and Material Bond: =251,000.00 The developer, Etlwanda Highland Partners, is requesting approval of a 12-month extension on said imorovement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Resp/eJc/t/fully submitted, / ~~~d~" PAR:SMGay v Attallirllallt] .~9 Century American November 6, 1990 Mr. Steve Gilliland CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, California 91729 RECEIVED NOV 19 ~ cm a ~~ °~o~ arctnttmns oms~p( Re: TRACT 13566-3 Dear Mr. Gilliland: Please let this letter serve as Century American Corporation's (Etiwanda Highland Partners) request to extend the Improvement Agreement on Tract 13566-3. Due to the current slow down of the real estate market, our previous estimate of completion will not be met. At this time we are requiring a one (1) year extension from the original date of city Council approval. I understand that once accepted, our new expiration date will be October 4, 1991. At this time, only the final A.C. cap and 50$ of the City sidewalk and drive approaches need to be completed. Should any further information be required, please do not hesitate •n rnnharf ma AircrYly Respectfully, CE/`N/T iAMERICAN CORPORATION hf~~~~ Do ald T. Stahlin Project Manager DTS/kab 3~ Ccanuy Amcri~an f laia !4 {!I \outh Vuinlc Uri re. ~caunrl Flour • VII Bos 451111 • Laµunu Nill>, C~1 V1654 "II"11•""11" I'r\%'l l•""IIYI'll" RESOLUTION N0. 9a' ( ~'3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOlIGA, CALIFORNIA, APPROVING ?MPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-3 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its constderetion an Impravement Agreement Extension executed an Decembet 5, 1990, by Etiwanda Highland Partners as developer, for the improvement of public right-of-way adiacent to the real property specifically described therein, and generally located on the south side of Summit Avenue between Cherry Avenue and Hardman Bullock Road; and WHEREAS, the installation of such improvements, described to said Improvement Agreement and sub,~ect to the terms thereof, is to be done in con3unctton with the development of said Tract 13566-3; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Councii of the Ctty of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and Lhe Mayor is hereby authorized to sign said improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 3l - CITY OF RANCHO CliCAMONGA STAFF REPORT DATE: December 5, 1990 ~.~C T0: City Council and City Manager ~~C. FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, Public Norks Inspector j,I~j SUBJECT: Acceptance of Improvements, Release of Bonds and Notice of Completion for Tract 13697 located on the southwest corner of Haven Avenue and Carrari Street RECOMI~NDATION: The required street improvements for Tract 13697 have been completed in an acceptable manner, anC it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond to the amount of f67,900.00, authorize the City Engineer to file a Notice of Completion and authorize the Ctty Clerk to release the Faithful Performance Bond Tn the amount of 5679,000,00. BACKGROUND/ANALYSIS Tract 13697 - located on the southwest corner of Haven Avenue and Carrari Street DEVELOPER: Daly Hoses 41661 Enterprise Circle North 9227 Temecula. CA 92390 Accept: Maintenance Guarantee Bond (Street) (61,900.00 Release: Faithful Performance Bond (Street) 5679,000.00 Respectfully submitted, ~~UA'~'ll CO-u! PAR:SMG:Iy Attachment RESOLE?ION N0. gO ~~~Y A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMDNGA, CALIFORNIA, ACCEPTING THE FUDLIC IhPROYEFENTS FOR TRACT 13697 AND AUTHORIZING THE FILING OF A NOTICE OF COh9LETI0N FOR THE WORK NHEREAS, the construction of public improvements far Tract 13697 nave 6pef! completed to the satisfaction of the City Engineer; and WHEREAS, a Notfce of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer 1s authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 33 - CITY" OF RANCHO CUCAMONGA STAFF REPORT DATE: December 5, 1490 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, Public Works Inspector I ~ ., SUBJECT: Acceptance of Improvements, Release of Bonds and Notice of Completion for MDR 89-07 located on the southeast corner of 9th Street and Helms Avenue. The required street improvements for MDR89-07 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of (59,000.00. BACKGROUND/ANALYSIS MDR 89-07 - located on the southeast corner of 9th Street and Helms Avenue DEVELOPER: Albert N. Davies 8137 Helms Avenue Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond (Street) 559,000.00 Respectfully~Asubmitted, ~.~Y/~..~~- "rAR:SMG:iy Attachment 3~ RESOLUTION N0. 9O - ~~ps A RESOLl1TI0N OF THE CITY CDUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR NDR 89-07 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for MDR 89-07 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion 1s required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. y CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: T0: FROM: BY: SUBJECT: December 5, 1990 (Z City Council and City Manager LJ Paul A. Rougeau, Acting Deputy City Engineer Steve M. Gilliland, Public Norks Inspector I Acceptance of Ymprovements, Release of Bonds and Notice of Completion for Parcel Map 6725 located on the southeast corner of Foothill Boulevard and Haven Avenue RECOMMENDATION: The required street improvements for Darcel Map 6725 have been completed in an acceptable manner, and tt 1s recommended that City Council accept said improvements, authorize the Deputy City Engineer to file a Notice of Completion and authorize the City Cierk to release the Faithful Performance Bonds 1n the amount of 5860,000 and 5285,000. BACKGROUND/ANAiYSIS Parcel Map b725 - located on the southeast corner of Foothill Boulevard and Haven Avenue. DEVELOPER: Daon Development Brookfield Development 1 Park Plaza, Suite 100 Irvine, CA 92714 Release: Faithful Performance Bonds (Street) =860,000 and =285,000 Respectfully submitted, PAR:SMG:sd Attachment 3Co RESOLUTION N0. QO~ ~w~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6725 AND AUTHORIZING THE FILING OF A NOTICE OF COI4LETION FOR THE NORK NNEREAS, the construction of public Tmprovenents for Parcel Map 6725 have beer completeE to the satisfaction of the Deputy City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the Deputy City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 37 CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE; T0: FROM: BY: SUBJECT: December 5, 1990 City Council and City Manager Paul Rougeau, Acting Deputy City Engineer Millie Valbuena, Assistant Engineer e~3 Approval to vacate a portion of Strang Lane, Located east of Carnelian Street and setting the date of Public Hearing for January 2, 1991. RECOMIENDATION: 1t is recommended that the City Council adopt the attached resolution setting the public hearing for January 2, 1991, for the vacation of a portion of Strang Lane, located east of Carnelian Street, approximately 30 feet wide and 352 feet long. In addition, said resolution authorizes the City Clerk to cause same resolution to be published 10 days prior to the Public Hearing. BACKGROUND/ANALYSIS On Myy 2, 1990, the City Council adopted Resolution No. 90-186 designating Strang Lane as a private street arM exempting the abutting properties rrom requirements set rortn in unapter iz.ua or the mumcrpal Code. On August 8, 1990, the P1annlnq Commlsston approved Tentative Parcel Map 13113 located on Lhe north side of Strang Lane east of Carnelian Street. One of the conditions of the parcel map is a request to vacate the existing right-of-wary dedication ad,~acent to the project site and this same condition is required as part of Lt~e private street designation. The appllcatton for vacation has been submitted and the Developer 1s now requesting that the vacation occur. Based on the above declarations, the street vacation is in conformity with the General P1 an. Respectfu 1~ i~ ,,, ill/// ~' PR:NY:,1h Attachment RESOLUTION N0. 90'~tp7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF STRANG LANE LOCATED EAST OF CARNELIAN STREET, APPROI(IMATELY 30 FEET NI OE AND 352 FEET LON6 - APN: 1076-271-OS BE IT RESOLVED by the City Council of the City of P.ancha Cucamonga as follows: SECTION 1: That the City Council hereby elects to proceed under Section 8~-seq., of the Streets and Highways Code, also known as the Street Vacation Act of 1941. SECTION 2: That the City Council hereby declares its intention to vacate a por on of Strang Lane located east of Carnelian Street, a City street approximately 30 feet wide and 352 feet long, as shown on Map No. Y-100 on file 1n the Office of the City Clerk, a legal description of which is attached hereto marked Exhibit "A" and 6y reference made a part hereof. SECTION 3: That the City Council hereby fixes Nednesday, the 2nd day of January~941-at 7:00 p.m., in the C11y Council Chambers, located at 10500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for hearing all persons obfecttng to the proposed vacation for the purpose of its determining whether said City street is necessary for present ar prospective street purposes. ccrrrnu e. rh_. tk. C"° Sir»: ~~ --',at~aC<a ~ ..... •. •4 Y"~ i Y,~ ,.YYiC IIV LIVC~ to be poste~lcuously along the line of the street or part thereof proposed to be vacated at least 15 days before the hearing, not more than 300 feet apart and not less than three signs shall be pasted, each of which shalt have a copy of this resolution on them anA shall have the following title 1n lettering not less than one loch 1n height: "NOTICE OF HEARING TO VACATE STREET". SECTION 5: The subJect vacation shall be subject to the reservations and except on~~ ft' any, for existing utilities on record. SECTION 6: The Mayor shall sign this Resolution and the City Clerk shall attes~o~Tie same, and the City Clerk shall cause same to be published 10 days before the date set for the hearing, at least once 1n Inland Vall Dail Bulletin, a newspaper of general circulation published n e o ntar a; a .nrni a. .nd rir.~1i a~~A in th@ ~i Ly of Rancho .r.UtagBnga, California. 39 ExNlelT 'A' Southerly 30 feet of that portion of land as described as follows: The North one half of the South one half of Lot 4, Block 13 Cucamonga Homestead Association Lands, in the County of San Bernardino, State of California, as per map recorded in Book 6, Cage 46 of Maps, Records of said County, except therefrom the Mesterly 973 feet thereof. L' LIIAO. zz 26 ©j Por.l Par.2 I y 1.06 AG M/L ~u M ILK. 1 f. O RGP>+-RSIJIPN PBSD V O 1.124C AREA TO BE t/ACATED 6 O -- ~i.6J \` t. rc ~e .r>,r i }r' 7 f~vlS91~ t ~ \~ P ~Zg ~ a P 2 CIS S E ; ~ a, h pM• ~ )6 >vr- J ~ I :l/ /10/ H Ut OFFE/P pF OED/G',9T/Oy ~ ~ t IV CITY OF rrms: RANCHO CUCAMONGA Trrr~: SrRA/vG SANE _ ENGIIIEERING DIV7,9ION ~~~~`• \e „ ,4PN /p6/-27/-08 a 0 0 z Q z a CITY OF RANCHO CUCAMONGA ENGIIVEERING DNlSION ~' N 1TEA~: V/C/N/TY MAP TTPLE: 5Tf'ANG LANE ~I '/ ~1'1~ C Vat z yr a~nava.uv vwraa.ava. vim. STAFF REPORT DATE: December 5, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUBJECT: CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03 nntnumeni - pan a r~nct - nn appeal or the n anm ng omm ss on s ec s on o extend the hours of operation for an existiny bar and restaurant, located at the northwest corner of Carnelian and 19th Street, in the Neighbonc~od Commercial District - APN: 201-811-56, 58, 58 a 60. (Continued from November 7, 1990 meeting). RECOIMENDATION: If the City Council determines to either uphold the appea reverse the Planning Commission's decision) or to deny the appeal (uphold the Planning Commission's decision), then staff should be directed to prepare a Resolution with findings for your review and approval at the next regular meeting under the Consent Calendar section. uninanwriv. ni, i.i~e iiLmivc, 7, ii>v ~eyui a, nieei uiy, u,e vi L~] i.wu~il conk ed a public hearing and received public input in considering this appeal. The City Council deliberated on the issue of compatibility with the surrounding residences, as the site is located in a residential neighborhood area. The Council was deadlocked in a 2;2 tie vote, with one councilmember absent. At the recommendation of the City Attorney, the Council continued the appeal to this regular meeting, where there will be a full quorum for final action. re na new information on this appeal, staff has attached the 7, 1, 0 Council report for your review and information. Respe submitted. >i i _ Brad ile ~~'` C1 Planner BB:NF:ds Attachments: City Council Staff Report of November 7, 1990 ~3 CITY OF RANCHO CUCAMONGA STAFF REPORT ':,... ; i O ATE: November 1, 1990 T0: Mayor and Members of the City Counril rpOM: Brad °uller, .i ty Planner BY: Nancy Fang, Senior Planner S UBdECT: CONS IOERAT ION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - An appeal of the Planning Commission's decision to extend the hours of operation for an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street, in the Neighborhood Conine rc ial District - APN: 201-811-56, 58, 59, a 60. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing to review this appeal, If the City Council determines to either uphold the appeal (reverse the Planning Commission decision) or to deny the appeal (uphold the Planning Commission decision), then staff should be directed to prepare a Resolution with findings for your review and a DProval at the next regular meeting under the Consent Calendar section. .,C~~~CGtw. iu mug, iur iirc vi iy %umicii co assess the appea i, it is important to review the background. The business location has a long history of non-compliance and nuisance problems by prior tenants, specifically the Boar's Head. The August 22, i990 Planning Commission Staff Report described in detail the history of such nuisance problems for the busf nes5 location, The applicant took over the business of Stratton's in March o' 1990. The business was renamed Sam's Place. It serves lunch and dinner with full bar facilities but without live enterta foment. There are no changes to the interior. The menu has an Italian emphasis. The dinner menu has more variety than the previous busf ness es of Stratton's and Boar's Head Bar d Grill. Rttached for your reference is a letter dated May 11, 1990, describing in detail the business and the reasons for their request to extend the closing time to 2 a.m. ANALYSIS: The Commission reviewed the proposed request at the August 22, 1990 public hearing. They recognized the long history of code violations and nuisance problems, They also noted that circumstances have changed. Since live entertainment had been eliminated and the restriction of hours of operation to 11 p.m. in 1985, the City has not received any more complaints from the surrounding residents. Further, the Sheriff's Department has not received any calls CITY COUNCIL STAFF RE PCRT CUP 78-03 -SAM'S PLACE November 7, 1990 Page 2 for service since March of '490 when the establishment became Sam's Place. Some members of the Commission felt that the current applicant should not be penalized for past problems created by previous cwne rs /o De ra to rs. Other members of the Commission felt the extension of the hours of operation may not provide compatibility to the surrounding residents and could cause the former problems to resurface. The Commission deli6era ted on the issue of whether the hours of operation should be extended and if so, for how many days of the week. The Commission finally approved the amendment allowing the extension of hours of operation from ll p.m. to midnight Sunday through Thursday, t.nd from 11 p.m. to 2 a.m. Friday and Saturday. The Commission also agreed that the approval was for a period of six months subject to Commission review for any extension. The Commi sslon then directed staff to prepare such Resoiuti on of Approval for their review at the next regular meeting of September l2, 1490. Minutes of the August 22, 1990 Planning Commission Meeting are attached for your review. FACTS FOR FINDING: In order to 'a pprove this appeal, in full or in part, specific facts to support the following findings must be made by the City Council: A. That the proposed use is in accord with the General Plan, the oh ier.tives of the Development Code, and the purposes of the district in which the site is located; and B. That the proposed use will not 6e detrimental to the public health, 5a fety, Or wel id re or ma to rtally tn3u r10u5 to properties or improvements in the vicinity; and That the proposed use complies with each of the applicable provisions of the Development Code. OPTIONS FOR CITY COUNCIL TO CONSIDER: If the Li ty Council can make the findings to uphold the appea' and reverse the Planning Commission decision, then a motion to deny the applicants' request to modify the Conditional Use Dermit would be in order and staff would prepare a Resolutior of Denial for your review and approval at the November 21, 1990 regular meeting under the Consent Calendar. z. tf the City Council dec ld es to deny the appeal and uphold the Dlanning Commission decision, then a motion to approve the applicants' request to modify the Conditional Use Permit would he in order and staff would prepare a Resolution of Approval for adoption at your next meeting, ps part of this option, the Council may modify, in part or in full, the Conditions of Approval for the Conditional use Permit. ~{ 5 CITY COUNCIL STAFF REPORT LUP 7R-03 - SAM'S PLACE November 7, 1990 Page 3 Resp y b ted, Bra City tanner BB:NF/j fs Attachments: Exhibit "1" Exhibit "2" Exhibit "3" Exhibit "4" Exhibit "5" Appeal Memo from Mayor Dennis Stout Appeal Memo from Cou ncilmember Pam Wright August 22, 1990 Planning Commission Minutes planning Commission Resolution of Approval No. 90-111 far CUP 78-03 hnended August 22, 1990 Planning Commission Staff Report T~ J CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: Septeeber 13, 1990 T0: Members of Cf ty Cou it FROM: Dennis L. Stout, Ma SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF COND(T10NAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE I heroby appeal the September 12. 1940, detfsfon of the Planning Comm ssion approving expanded hours of operation for Saal'a Place, an existing Dar and rcstau ra nt located at the northwest corner of Carnahan and 19th Streets. I feel that, this type of use during late hours Ss inapproDria to with In residential neighborhoods. DLS :gs ~'- CITY OF RANCHO CUCAMl7NGA MEMORANDUM OAZF: Saptampar 20, 1990 i T'Ox e.mbara of tha City Couaeil aAON+ Paawla J. Nright, Councilmamb~r + SQBJBCT: aPPEai. oP PLAIOIIIID Ca1a1Ia/IOa[ aPPlaOAL OP COIIDITItla1L OR Pa11IT )a-OI lll®Ia~r - aaY'a PLaQ ,4 '2~ ~ ~~ ~ ~ z U > 1977 I haraby appeal the saptnd+as 14, ~ 1990 dacialoa of the Plannlnq Ct~iaaion approving arpandad hours o! operation for !u'• Plaa, an rtrlati+q bar aM raetwzant located at Ue northreat corner of Carpeliaa and 19th atzMte. I tr1 that thin typ. of up durlnq Lta !warp La lnsppropriau rithln ruldeatial neighborhaoda. P.7W/d j • V were pri marity concerned that Church Street be widened. He said there did not seem to De a treaendous concern an the part of the nei gh ho rs. Ne showed slides of the st to plan and floor plan and elevations. Hearing no further testimony, Chai noon McNi e1 closed the public hearing. Commissioner Toi stoy stated he had always felt that the Office/Professional designation for this property was not appropriate, as it is too far removed from like uses. Me felt Medium Residential was the proper designation and he supported the praj et t. Commissioner Chi ti ea agreed that the particular project proposed on the site is the best use of the site, but stated she is concerned with overall density in the City. She fell that the City should lcok closely hefore changing zny other designs tiorts in the C1ty. She said if the project were not so well designed or in another location, she would not have been so willing to support Che project. Chairman McNiel felt the project is well designed and he liked tM du Dl ex Conte pt because it appears residential. Motion: Moved by Tolstoy, seconded by Meleher, to adopt the Resolutions reconeiending approval of Enviromental Assesaent and General Plan Mendeent 90-O1B and Envtroneental Assessment and DeveloPent District AaienBaent 90-02. Motion carried 6y the following vote: AYES; NOES; ABSENT: COMMISSIONERS: CNITIEA, MCNIEL, MELCHER, TOLSTOY, NEINBERGER COMMISSIONERS: NDNE COMMISSIONERS: NONE -carried E. CONDITIONAL USE -ENM1T 7il-03 AMENDMENT - SAN'S PUCE - A request to extend the Murs of operatio n i~or an nxisting bar and restaurant, located at the northwest corner of Carnelian and 19tH Street 1n tM Neighoorhood Caawercial 0lstrict - APN: 201.811-56, 58, 59, and 60. Nancy Fong, Senior Planner, presented the staff report. Commissioner Tolstoy asked what floe tM applicant proposed to stop serving dinner if tM Murs were extended. Ms. Fong stated sM d1d not know. Chairman McN1e1 opened tM public hearing. John Mannerino, Mannerino i Brtguglle law Offices, 9337 Base L1ne Road, Suite 110, Rancho Cucamonga, stated tML :he liquor license requires that food De served during the entire t1a!e that al ca Ml 1s sewed, and the full dinner menu Planning Coms!ission Minutes ~-4- August 22, 1990 would he served until closing time. He gave a brief history of the ownership of the esta Dl ishwent. He said that the first two owners have not owned the business since 1985 and there has been no live entertairaaent sf nce that time. He felt that the previous problems had been resolved as soon as the live entertairnent ceased. He staled that Sam Pelleyri no has owned the business since March and the Sheriff's Oe par tment had not been called to the premises once in that time. He felt that the hours of operation do not cause problems, but rather the way the establishment is run. Nr. Nann eri na stated that the request for extended Murs was to allow the 6u siness to be competitive. Hearing no further testimony, Chairman HcN tel closed the public hearing. Commissioner Meleher felt it was not fair Lo tie the present owner's hands because of another person's doing. He thought an experimental period of increased hours was merited. He fell that if a six month period of increased hours proved successful, then the extended hours could be continued; but if any problems arose, then the closing time could be dropped back to 11:00 P.M. Commissioner Metnbe rger felt it might be Dlt ter to extend tM Murs only on Friday and Saturday evenings. She felt the outcome should be reviewed later. Canxlsstoner Chi ti ea was opposed to extending tM Murs. She felt tM people in the neighborhood had suffered for many years in tM past and a late n1gAt crowd is different from a dinner crowd. SM felt tM extended Murs acre inaDpro prtate because of tM proximity to homes. Commissioner tolstoy felt CM sltwtion has changed because live entertatrwent is not proposed. He also stated tAat the foner ownen stopped serving food after dinn•r anA <•rw•A pgto ~~~.. feod .. -i y't ~~~ 3, tee, i~ Reep cneir license. He stated he shared Co~isstoner Chltiea's concerns regarding the neighborhood; but because the full menu would be served and there would be no live entertatrwent, he 9elt ti would be appropriate to allow atrial period of extended Murs. He proposed tM Murs be extended to midnight rather than 2:00 R.M. with tM possibiltl:y of extending tM Mun later if the Lria1 proved successful. Ralph Hanson, Deputy City Rttoi•ney, stated tAat Conditional Use Permit rights Heesaidpthi Cityhtouldanot place hattimtaltdml tantextendeddMurs withoutothe specific consent of tM applicant. Chaiman McN1O reopened tM public hearing to allow tM applicant~to convent. !!r. Manr.erino ;toted tAat LAe applicant was acre than willing to voluntarily place the matter for revier. Mr. Mannerino pointed out that tM surrounding residents were notltaably absent from LA1s evening's Maring even though they had received written notlficatlort of tM proposal. Ne stated that the owner Aad visited acA of tM nelgAboro wM are witMn 300 feet of CM property line and told tAN of tMir proposal to extend tM Murs and had invited tM residents Co visit tM bar. Ile said tMy would voluntarily submit to a Planning Coawisslon Minutes -S- August 22, 1990 ~~ reexamination of the permit in six months if the Planning staff felt one were warranted. He felt a three-month trial period would not be realistic because it would probably take that long before people realized they were open later. Mr. Hanson asked if the applicant would acknowledge that the extended hours would terminate sbs ant an extensi cn by the Planning Coreiissi on. Mr, Mann eri no agreed they would stipulate tha•: the Londt lion al Use Permit could be modified upon reefer by the Planning Carmrission. Commissf on er Tolstoy asked if the Commission would even have to watt six months if a prabl em develops because a Conditional Use Permit can be reviewed at any time if there are problems. Mr. Hanson stated that the standards for revoca lion of a Candi tienal Use Permit are extreme; either violation of a set condition or proof of a substantial and immediate detriment to Lhe heal tli, safety, and welfare in the area. He felt it would be better to have the extended Mon automatically end if the Lonaission did not take atfirmati ve action to continue the extended hours. Chairman MtNtel stated he did no! like the concept of allowing bars in neighborhood shopping centers because there have been problems in the past. However, he said Ae had observed tAat it can work successfully in Europe when there is no live entertairmrent. He stated that under Drcvious ownership the back door was left open and a lot of not se frar the Dand and patrons fil tared through the alleyray to the neighboring residences. Sam Pellegrino, Sam's Place, 6620 Carnelian, Ranclm Cucamonga, stated he was co-owner. He stated that nn ay.r•^,• fr'.Coy :;~ :,,~; uay e.enings cney serve 75 to 80 dinners. Chatrnan McN1e1 again dosed the public hearing,. He stated that he was inclined to take the risk with the understanding that the extended hours would be reviewed in six months. He stated M could like to give the benefit of the doubt to the nnr owners and the burden could be on 1: he owners to show that Lhe extended hours would not negatively impart the nN gt~borhood. Comatssi on er Tolstoy suggested tM extended hours M until mldnl ght seven days a week. Motfon: Mond by MeleMr, seconded by Ye1nbtrger, to direct staff to Drepare a Resolut/on approving a teaporary six-month extension of boon to 2:00 A.M. seven nigAts a week for Conditional Use Permit T8-C~;I. Motion failed by the following yni.; AYES: COMMISSIONERS: HOES: COMMI551018iR5: ABSENT: COMMISSIp1ER5: MELCHER, YEIN8ER6ER CNITIEA, MCNIEL, TOLSTOY NpiE -fat 1 ed Planning Commission Minutes -6- August 22, 1990 ~~ Motion: Moved by Tolstoy to direct staff to prepare a Resolution approving a temporary six-month extension of hours to midnight seven days a week. Chairman McN 1e1 stated that would be a weak test. Mr. Hanson asked if such a molt on would be ac c¢pta ble to the applicant, Mr. Manneri no stated it would be acceDta ble only if they would be allowed to stay open until 2:00 A.M. on Fridays and Saturdays. Motf on died for lack of a second. Motion: Moved Dy Nei nberger, seconded by Me'cher, Lo direct staff to prepare a Resolution aDDro ving a temporary six-month extension of boon to midnight Sunday through Thursday and 2:00 A.M. Friday and Saturday for Conditional Use Permit 78-03. Motf on carried by the following vote: AYES: COMMISSIONERS: MCNIEL, MELCHER, 70LSTOf, wEINBERGER NOES: COMMISSIONERS: CH ITIEA ABSENT: COMMISSIONERS: HONE -carried Mr. Mann erf no asked if the hours could be changed effective iisedi atel y. Mr. Hanson replied the hours could not change until following the signing of the Resolution. . • .. 8:10 P.M. - Planning Ca~i scion recessed 8:20 P.M. - Planning Commission reconvened G. ENVIRONMENTAL ASSESSMENT ANO_COIIOITIONAL USE PERMIT 90-23 -_ ALLMIIRK, INL. - In! request CO faUDn in a bun ding contNCtdr's OTTIte and yard wl thin the ex isting 51#h Street IndustrUl Park on 1.11 acres o1 land 1n the General industrial District, Subarea 5 of tM Industrial Specific Plan, located at 10096 Sixth Street - APN: 209-211-40. Bruce Buckingham, PLnning Tethntdtan, presented the staff report. Cos~issioner Meicher asked wny tM use was already established prior to an aDDroval of the Conditional Use Permit. Mr. Buckingham replied that when the business license applteatlon was reviewed by the Planning Oeparhaent, 1t was noHd that a Conditional Use Permit was required and the applicant began processing an application. Planning Laawlssion Minutes -7- August 22, 1990 .~a RESOLUTION N0. 90-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY Of RANCHO CUCANONGA, CALL EO RNIA, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT N0. 78-03 FOR AN EXISTING BAR/RESTAURANT, SAM'S PLACE, LOCATED AT THE NORTHNEST CORNER OF 19TH AND CARNELIAN STREETS IN THE NEIGHO0 RH000 COMMERCIAL OISTRiLT, ANO MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-811-56, 58, 59, AND 60. A. Recitals. (i) Sam's Place, Luanne R. Pellegrino, has filed an application for the amendment to Conditional Use Permit No. lf~~-03 as described in the title of this Resolution. Hereinafter in this Resolution, the suDJect Cond It tonal Use Permit request is referred to as "tne application." (i i) On the 22nd day of August 1990, the Planning Commission of the City of Rancho Cucamonga Conducted a duly noticed public hearing on the application and continued sn id nearing to September 12, 1990. (iii) On September 12, 1990, the Planning Commission contluued said hearing. (iv) All legal prerequisites prior to the adoption of this Resolution have oeeu reed. 8. Resolution. NOW, THEREfORE, it is hereby found, ddtermined, and resolved 6y the Planning Commissfon of the Gfty of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that alt of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced puDlft hearings on August 22 and September t2, 1990, including written and oral staff reports, together with public testimony, this Commiss/afi hereby spec1f1w11y finds as follows: (a) The application applies to property located at the northwest corner of 19th Street and Carnelian wti:h a street frontage of 1,037 feet and lot depth of 2a0 feet and is presently improved with a shopping center: and (b) The property to the north of the subject site is a future freeway, the property to the south is an existing shopping center, the property to the east is an existing shopping center, and the property to the west is existing single family residences. 53 PLANNING COMMISS !ON --SOWTION N0. 90-ill AMENDMENT TO LUP 78-,- - SAM'S PLALE September 12, 1990 Page "< (c) The proposed amendment contemplates extending the hours of operation to coincide with thoax es to b7lshed by the applicant's alcoholic beverage contra] license, that is from the current closing hour of 11 p.m. to a new closing hour of 2 a.m. seven days a week. (d) The current iimttatton on hours of operation to it p.m. was established as a di tact result of a history of pu Gilt safety and puDlfc nuisance orobl ems associated with the former tenant, the Soar's Nead. (e) The former problems have not occurred since the curtailment of the hours to 11 p.m. and the elimination of related entertainment. (f) The Sherf ff's Oepardaent records indicate no calls far service .at this address under the current tenant. Sam'S Place, since they opened for business. 3. Based upon the substantial evidence presented to this Caamlission during the above-referenced puDltc hearings and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Caa~ission hereby finds and concludes as follows: (a) chat the proposed use is in accord with the General Plan, the obJectives of the Developaent Cade, and the purDeses of the dtstrtct in which Lhe site is iota ted. (b) That the proposed use, together with the conditions annlira hie •ha..t. ..ill ~a -ipc~itsi w ~iK pYellt Ileal[n, safety, Or welfare or materially incurious tamproperties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Coda. 4. Based upon the flndtngs and conclusions set forth in paragraphs I, 2, and 3 above, LAts Coawission hereby approves the application sub,cect to each and every condltton set forth beiolr: Plannine Division i) TM hours of aparatlon for the bar and restaurant shall be between 11 a.m, to 12 p.m. (midnight) Sunday throogR Thursday and hataean ii a.m. to 2 a.m. Friday and Saturday. 2) TMs approval 1s granted sub,cect t0 a full food menu being offend during all business boon. 3) Estenston of hours of operation 1s granted for a sis-month period, unless astended by the Planning Commission. 5'~ PLANN IMO COMMISSION ^"S OL UTION N0. 90-111 AMENDMENT TO CUP 78-. -SAM'S PLACE September 12, 1990 Page 3 4) Approval of this request shall not waive compliance with all sections of the Development Code and alt other appl lca ble City Ordinances. 5) If the opera Lion of the facility causes adverse effects upon the surrounding residents, ad,Jace nt businesses and tenants, including but not limited to, noise, lol tering, or disturbances, the Conditional Use Permit shall be brought De fore the Planning Camas ssi on for the consideration and possible termination of use. 5. The Secretary to this Ca~seisstdn shall certf fy to the adoption of this Resolution. APPROVED AND ACOPTED TN(S 12TH DAY OF SEPTEMBER 1990. PLANNING C09MIISSION OF THE CITY. OF RANCHO CULAMONGA aTTESr: I, Brad Buller, Secretary of the Planning Commissfon of the Ctty of Rancho Cucamonga, do hereby certify that the foregoing Rel~olution was duly anm regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Lucamonga, at a regular meeting of tha Planning Commission held on the 12th day of September 1990, Dy tM folioming vote-to-wit: AYES: COMMISSIONERS: . MCNIEL, MELCHER, TOLSTOY, NEINBERGER NOES: COMMISSIONERS; CNITIEA ABSENT: COMM155IONERS: NONE 55 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 12, 1990 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUB,]EL T: CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - A request to extend the hours of operation for an existing bar and. restaurant, located at the northwest corner of Carnelian and 19th Street in the Neighborhood Commerc tai District - APN: -201-811-6fi, 58, S9, and 60. (Continued from August 22, 1990.) BAC KO ROUND: On August 22; 1990, the Planning Comniss ion conducted a publ fc hearing t0 review the Droposed request as described above. The Commission directed staff to Drepare a Resolution of A:,vroval extending the hours of operation from 11 p.m. to 12 miuniyir i. un +u nuay Linvuyir iiw rauay an~i irum ii p.m. iu ~ a.m. Friday and Saturday. A full menu Should be ovafl able during ail business hours. The Commission also stated that the use should be reviewed in siz months for compliance with the Conditions of Approval. Attached for your review is the Resolution of Approval with the appropriate Condit loos. if the Commission concurs, then adoption of the resolution would be 1n order. Res u ly su Bra B cr City anner BB:NF/Jfs Attachments: August 22, 1990 Planning Coisaisston Staff Report Resolution of Approval CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 22, 1990 TD: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUBJECT: CONDITIONAL USE PERMIT 78-03 IUIENDNENT - SAM'S PLACE - A request to extend the hours of operation for an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street fn the Neighborhood Commercial District - APN: 201-811-56, 58, 59, and 60. I. ABSTRACT: The applicant is requesting that the existing condition of approval limiting hours of operation from 11 a.m. to 11 p.m. be amended by extending the closing Lime to 2 a.m. II. BACKGROUND: In order far the Planning Conission to assess the a pplic ant rs request, it is important to review the background. the business iocation has a long history of non-compliance and nu tsance problems by prior tenants as summarized below: nn ne~eTne. ov ,ovo .,,. n,___,__ _,__,__ _. _...__. _.. __. _. ..... .... ~~~....y ::..~.a~+a~v,~ Wiiv ilimiai i~r aDDroved the Boars Head restaurant with bar and entertainment. Due to consistent complaints relating to noise, loud music, fights, and laiterT ng, the Planning Com,ni ssion had reviewed the Conditional Use Permit several times and modified the conditions of approval to mitigate these problems. Some of the mitigation measures added were limited hours of operation t0 2 a.m., structural changes to buffer noise, and installation of speed bumps within the shopping center. In 1983, the Planning Commission again reviewed this Conditional Use Penatt due to complaints received and modified the conditions of approval through more restrictive hours of operation (11 p.m. closing), additional noise attenuating materials to reduce extartor and interior noise, and required implementation of a dinner ~ru. In 1985, the Planning Commission further modified the Conditional Use Permit by keeping the eperating hours to 11 p.m., and eliminating the live entertainment use. On September 6, 1985, the City Council heard an appeal by the applicant and upheld the deN Sion of the Planning Commission. 7LANNING COMMISSION STAFF REPORT AMENOMENi TO CUP 78-03 - SAM'S PLACE August 22, 1990 Page 2 In April of 1988, the Boar's Head closed and was reopened as Stra lions under different ownership. No compl airtts ware received during the period that Stra [tons was open. III, ANALYSIS; A. General: This applicant took over the business of Stra lions in March of 1990, The business is renamed Sam's Place. it serves lunch and dinner with full bar facilities but without live entertainment. There are no changes to the interior, the menu has an Italian emphasis as shown in Exh 161t "C." The dinner menu has more variety than the previous businesses of Stra lions and Boar's Head Bar 5 Grill. Attached for your reference is a letter dated May 11, 1990, describing in detail the business and the reasons for their request to extend the closing tinro. B. Extension of Hours of Operation: The torrent operating hours for the bar and restaurant are limited to between 11 a.m. and I1 p. m. The condition of approval was 1mpn~ed to address the past problems of disturbances and noise. Since the limitation of hours of operation was imposed in 1985, the City has not received any complaints from surrounding residents. The request to extend thn hours to 2 a.m. may Create an opportunity for problems 1n the future. The site is very close to single family resicences at Lhe west side as shown on the site pion, Exhibit "A." Parting er^ii`e; tie Pa irons ar G~~ uar cou id overflow to the parking area finsediately west of the building which abuts the residences. Certain activities sucA as drunkeness. noise, 'oitering are likely to occur due to the nature of the bar tusiness. Such activities could adversely impact the adJacent residences. C. Pur ose of Net hborhoo ShoF~ping Center: The purpose of a ne ghborhood shopping denier is to provide for iimeediate day to day convenience shopping and services for the residents of the immediate neighborhood. Site development regulations and perlormence standards are intended to make Land uses in the shopping center compatible and harmonious with the character of surrounding residential areas. Staff is concerned that extending the hours of operat on until 2 a.m. may not be in harmony with the single 9aeily character aF the surrounding areas. S8 PLANN SNG COMMISSION STAFF REPORT AMENOMEN7 TO CUP 78-03 - SAM'S PLACE August 22, 1990 Page 3 The applicant painted out that the Planning Cnmmi ssion had approved other bar and restaurant businesses with longer operating hau rs in the evening, such as the Pepper's Cantina, at the northeast corner of 19th Street and Archibald Avenue. In reviewing Pepper's Cantina restaurant and bar, staff finds the situation different, as there are no single family residences immediately abutting the site. There are apa rtaents located on the east side of the site while Pepper's is closer to Archibald Avenue on the west side. The single family residences are all buffered from Pepper's Cantina by Archibald Avenue and 19th Street. D. Fire and Sheriff Departments: Both the Fire and Sheriff Departments have been contacted for comments. The Fire Department indicated that they foresee no problems wlih the extension of hours of opera Lion. However, the Sheriff's Department recommended maintaining the existing closing time of I1 p.m., given the history of the site. E. Conclusion: Based on the above, staff concluded that the extension of the hours of operation may be detrimental to 4he surrounding single family residences because of their close proximity and because of the nature of the bar facilities. Therefore, staff would not recommend the extension of the pours of operation. Should the Commissf on disagree, other opt tons are available: --~~ is ucdL i.e, ii a.m. GN i a.m. Oall VV,vw 4 , , Y• Approve extension to 2 a.m. for Fridays and Saturdays only. Approve a limited extension, possibly to 12 p.m., either dally or on Fridays and Saturdays only. I[[. FACTS FOR FINDIN65: [n order to approve this application, in full or in part, the ollowing findings must be made by the Planning tammisston: A. That the proposed use is in accord with the General Plan, the objectives of the Uevetopment Lode, and the purposes of the district Tn which the site is located, 8. The proposed ute will pat be detrimental to the public health, safety, or welfare or materially in,lurtous to properties or improvements to the vicinity. S9 PLANNING COMMiS SIGN STAFF REPORT AMENDMENT TO CUP 78-03 - SAM'S PLACE August 22, 1990 Page 4 C. The proposed use complies with each of the applicable provisions of the Development Code. IV. CORRESPONDENCE: This item has been advertised in The Inland Vallev Oa ilv Bulletin newspaper, the property has been posted, and notices have been sent to all property owners within 300 feet of the project sfte. V. REL'OMMENDATION: Staff recommends that the Planning Commission deny the request to extend the hours of operation to 2 a.m., or consider one of the options noted above. Attached for your review is a copy of the Resolution of Denial far your adoption. Respectfully submitted, Brad Bu er City Planner BB:N F/jfs Attachments: May 11, 1990 Letter from Applicant Exhibit "A" - Site Plan Exhibit "B" - Floor Plan Exhibit "C" - Menu for Sam"s Place RocnL,H nn nF nuw1.1 ~(N MANNERINO ~~ BRIGUGLID JO44; MANNERINO J?. aP v.a''. O Mey 11, 1990 Mr. Brad Buller CCfY OF RANCHO CUCAMONGA Planning Department 9320 Baseline Roed Rancho Cucamonga, CA 91730 Dear Mr. Buller. Please be advised snot we represent Sem'a Place, doing business at the address as set forth In the attached Uniform Application for Conditional Ux Permit. The currene owner, Luanne R. Pellegrino, took possession of the business during the second week of March, 1890 end purchased the busfneae from Thomas Muholland, who did 6ualneas es Strettonla, on April 23, 1990 . While the format of the menu has changed aignlficently to emphasise Italian food, nevertheleaa, the primary nsture o[ the business during the hauro after 9:00 p. m, remains Chet of a smell food end beverage vending eatabllshment. Since the hours chat wero limited by the Planning Commission during the parlod of time the business was known as the Boar's Head, requiring a closure of 11:00 p.m., other liquor vending establlehmena have opened In the town to Increase the competltioo. We direct your attention to the number ni her vnA r~,rvnran,v vl,inb v yr ,lu n nr Cmr641i anA Fivv~n enA perhaps more eppropNately, the bar next to Pepper's Cantloa, which is et the corner of Archibald end 19th Street. It la I am sure obvious that this places our client at a signlflcane dlaedventege In attempting to compete in the marketplace wltd other almllu eatebllahments whose business b the sale of food and alcoholic beverages. It b thereforo necessary to expend the hours to those which ero allowed by the Alcohol Beverage Commission, six (S) days a week, if tNs busbtess Is to be • WeDle one to the new purchasers We Invite your ettentloo to the record of the establlehment run by Mr. Mulholland end point out to you that Ito record Is virtually devotd, to our knowledge, of sny eWms ar Incldeab, disturbances or cNminal activity, et or near this establUhmeet for • period of time In excess of two l2) Y~ Both Mr. Mulholland and the current owner, who hu been In poseeesion since March 12, 1990, have taken great Puns to run an atabliahment which Is orderly, gUtat, and entirely is accord wiih ih6 law. There u OJ reason iu ,t presume abet thta clrcumstatNx will change were the houro o[ operation to „yp~F• be extended en eddltlonal three (3) hours. The manager of this restaurant, the huebeM of the owner, Ssm Pellegrino, has managed berg and reatauraou In New York for ten (10) years prior to their move to the Clty of Rancho Cucamonga end clearly demonstrates the gepeblllty of melntalning order end propriety In an establishment such as ehls ~r _ 9070 aASEIINE AOAO. SUITE 110 /PANG NO CUCAMONGA, CA 917001 TEL 171%19a0~i 100 / FA%17t [19[i~9810 Mr. &ad Buller CITY OF RANCHO CUCAMONGA :Nay ll, 1990 Page 2 We therefore respectfully request chat you consider this eapanaion of hours to regWre a cloaing time u xt forth by she Alcohol Beverage Commission. Tbla la absolutely oeceaxry to allow this bualness to compete with other tike businesses to the area and will ceux no hardship whaeaoever on the aurrounding commuNty. Yery t y yours, MAN 1~ & BRIGUGLIO J~~ t, ~/!e~' IV11 ~in1 •wiN 1^^,vl. N I 1 iN0 itlt110l11HOtlV-/ :i,' I:~+~, uw~a ar~.~ + ar»or xtv un e ue' 11{{ f 7~ -- - -- - -- ~ ~ - -- 3r -------- -- ----I - -- --~_ ~ ~ ~ ~ ~~ ~' ~ ICI I riii ~~ „1~ ' _ I ~ ~: j~~ti ~~ o e I ~Il~~~ ~ , I ~ I k~~~D ~w``tl li ~ h _ o Illli II it Vii- iI -- - ~ }, OZ' 1 . ;g~i _ ~..~i _~ ~ fn o lit T,~ A 11~T ~_ e --j--- I .j fF' ~ ~ .. ~ ~ 1 MI I I I ~• '1 ti -- 'I i i J ~_ 7 Y_ ^I j 1 °~ ~~~ .~~ ~ y ~. `-1 1 I ~ 1 M) ~ ~~ `=li IY tY\( , I fA•. l~ ~ T I I {r=ZaY tI_ O II II I • J L_, ~ d• f „~ .. _y~ .. \~ar~=i . J s i - '-- 0"rig nal Poor Quau~y CG 2 o Cy.¢,~cc~A,~ .l. _-~- ~yyyr-/_l ~ :.1 II~ / j ;J ~; '~ ,c. , ~~ 1: ' ~ I ~ '~ I •. ~.:.. ~F I I ~r ~ ~ ;~ ~ P -',j III'---~ I I mo ~ Lnc!5vb :`-.'A ~-,<3;a`dl ~ ~~__ lull E ,F.E -~-J ~ _' ~ .: I ~ iw r .~~f; 24:ost' _ . '` - NIA r = :,; ~ :,: ~, ~ ,I I ~ ~i _ (~ l ~ '~ !G~Itil _. .~ ~ elf i>,drFr~' I ~ m~~ C,' ; ~ ~ I•u ' .7/fh..iN ~.-~~_ _•~ •`FYC./,`.iT/.t.~i.~ 4 ~il N~ ';~i r~tS': ~ ~~~ .:kf•, •~ ~. a ~.i•' ' L..I :, ;,i _ .,.[• .~ ~`~ ~ Div. •~'``~` r--•` i .~' - s ~ ti •~lhr~,~ _::'.. '., ~ tom, ~h •..i° ,C. ni•~. [' y~~cib _ •y~ ~r _,,, .c~ ~I f ...`.\.... _/F-'T""~l Jam. _...--~ .• _ , ... I'"'*iar.-•.. ~ 7 . C •iIt o . t~fi s ~ x ~ ~ ~. x_~ .': o ~ix', V~ m i I E ~ ~ J ~- {~ 410 ~3 ~~', ~ ' !t i o ~~ j~: y W 'i ^ W' ~ ~- i i~ t t ~• ~ ~~ r~.. 6 i f { 33 a Q ~ ~~$ ~ ~ ~ ~~~ ~~ ~ t~ ~... p S r ~ R R F r T 8R8 .# _ ~ i ;i Y y E i ~ ~ ~I € '] ~~ i ( '~ i m ~R !II 1~ I~ i ~;€ W ~ J. `g ' ~ !!I a ` ~' » ii~ w . ,. ~~. (~5 _. . _.. -~ 0 0 7" V +1~ +' , ~t3+ ~ ~~ ~ ' .r ....; ~~~ ~~43, Fes" .a _ i i~ a~ c d s fi° a ~ y~~ r ~~`ili k F r ;~ t C ~ ~~~ ~ ! ~ j `~ J •a n I~ ~~ ~~ ~a ~~ ~ ~ ~~ ~~ ~~ ~~ ~ ~g ~, ~~ ~~ ~P ~~ 3~ ~~ ~~ ~j ~~ ~~ ~ .~ ?~ ~j a3 =s ~ s~ ~~ ~_~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ G• v .. ~ I , ~ a ~ ~'~ ~.~, ~ ~ !~ ~ ~ ; ~ I ~ _ ~ ~ -; ~ ~ ~ ~ ' ~ ~ ~ "~ ~ ' ~ ~ ~ ~~ 3 N~ .~ ~~ CITY OF RANCHO CUCAMGNGA STAFF REPORT DATE: December 5, 1990 TO: Mayor and Members of the Ci[y Council FROM: Linda D. Daniels, Deputy City Manager BY: Olen Jones, Senior Redevelopment Analyst >: SUBJECT: CONSIDERATION TO APPROVE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND THE PRICE COMPANY. RECOMMENDATION: Adopt the attached Resolution, approving the Disposition and Development Agreement between the Rancho Cucamonga Redevelopment Agency and the Price Company. BACKGROUND: As directed by the Redevelopment Agency, staff has been negotiating with the Price Company for the development of a Prirn r`lnh Thr enA rim L.oo~oA .6e .,r6 .:A.. ..t C...-.~:n mm~n m .... ~.. Boulevard, east of the I-15 Freeway. ANALYSIS : Under [he terms of the proposed Dispcsition and Development Agreement, the Redevelopment Agency will assist in the development of the Price Club by "buying down" the cost of the land. The Agency will purchase the property from i[s curtent owner, and concurrently re-sell it to the Price Company at a reduced cost. However, the transaction will require no direct expenditure of Agency funds for the land purchase, Instead, Price Company will advance the full cost of [he property; :he Agency then will execute a piGmiS50r4 ^Oid iu iav~~r of Prirr_ ('nmpgny fur rhn "buy dC:v P.° amount, which will be repaid over a maximum 23 year period, bearing an interest rate of 995. The annual payment on this loan will be equivalent to 1/2 of the sales tax generated by the Price Club, but will be repaid by the Agency from tax increment, thus allowing the City's General Fund to receive full benefit of the sales tax revenue. It should be noted that under curcent projections, staff estimates the loan will actually be paid off in 15 years. The attached summary identifies all of the costs of the proposed Agreement. California Health and Safety Cnt1e requires that an advertised public hearing be conducted as a part of the approval of this type of agreement, in order to allow the public the. opportunity to respond to the proposal. Respectfully submitted, (j ~l ~11~u~/1~ Linda D. Daniels, Deputy City Manager / Q HEALTH & SAFETY CODE SECTION 33433 SUMMARY OF THE PROVISIONS OF THE PRICE COMPANY DISPOSITION AND DEVELOPMENT AGREEMENT 1. COST TO THE AGENCY a. Land Acquisition $5,945,940 b. Clearance $O c. Relocation $0 d. Improvement Costs $0 e. Estimated Interest Costsl $5,552,649 TOTAL 511,498,589 2. ESTIMATED VALUE OF INTEREST TO BE CONVEYED $5,945,940 3. SALE PRICE $1,981,980 (Pursuant to Health and Safety Code, Section 33433(2)(C)(b), the Sale Price is less Nan the fair market value in order to effectuate the purposes of Ne redevelopment plan) I The cost of the land being purchased will be reduced by approximately 33963 060 when it is resold to The Price Company. This reduction will be in the form of a note from the Agency to the Price Company, bearing interest at a rate of 996, for 23 years. The actual amount of interest paid by the Agency will be less than Nat estimated here, since Ne note will be paid in approximately 15 years under current projcetions. ~R REBOLIITION NO. /u-? A REeOLDTION OF THE COONCIL OF T8B CITY OF RANCHO COCAMON6A APPROVZN6 TBAT CERTAIN DI8PO8ITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN TH8 RANCHO COCAMONOA REDEVELOPMENT AGENCY AND THE pRICB COMPANY, A CALIFORNIA CORPORATION. A. Raaitals. (i) The Rancho Cucamonga Redevelopment Agency proposes to acquire title to that real property consisting of approximately 535,788 square feet located on Foothill Boulevard near the 15 Freeway depicted on Exhibit "A" hereto and referred to therein as the Price Parcel ("the Property" hereinafter). Ran.;ho Cucamonga Redevelopment Agency ("Agency" hereinafter) also desires to make disposition of the Property. (ii) California Health and Safety Code Section 33433 provides in pertinent part as follows: " before any property of the Agency acquired in whole or in part, directly or indirectly with tax Increment monies is said or leased for 3evelopment pursuant to the Redevelopment Plan, the sale or lease shall first be approved by the legislative body after public hearing. Notice of the time and place of the hearinc sha17 ho puoiasnea in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing. ' . " The resolution approving the lease or sale shall be adopted by a majority vote and shall contain findings that the consideration is not less than fair market value in accordance with covenants and conditions governing the sale or lease or, with respect to any sale or lease at less than estimated value, determined at the highest use permitted under the plan, that the lesser consideration is necessary to effectuate the purposes of the plan." (iii) California riedi tii and Safety Code Section 33431 provides as follows: "Any lease or sale made pursuant to Section 33430 [disposal of property by a redevelopment agency) may be made without public bidding but only after a public hearing, notice of which shall be given by publication foz not less than once a weak for two weeks in a newspaper of general circulation published in the county in which the land lies." 70 (iv) In accordance with Sections 33433 and 33431 of the California Health and Safety Code, on , 1990, Agency and this Council conducted a duly noticed public hearing on the subject matter of Agency's disposition of the Property by and through the approval and implementation of a Disposition and Development Agreement between Agency and THE PRICE COMPANY, a California Corporation ("the DDA" hereinafter). (v) Prior to this Council's consideration of the adoption of this Resolution, the public hearing referred to in Recital (iv) above was concluded. (vi) All legal prerequisites to the adoption of this Resolution have occurred. H. Resolution. NOW, THEREFORE, it hereby is found, determined and resolved by the Council of the City of Rancho Cucamonga as follows: 1. This Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This Council hereby specifically finds that the consideration to be received by Agency for the disposition of the Property in accordance with the orovieinna. nnvnnanrc arm conditions in the DDA is less than the fair market value of the Property, but that such lesser consideration is necessary to effectuate the purposes of the subject redevelopment plan. 3. This council hereby approves the DDA. 4. This Council further specifically authorizes and directs City's staff to promptly take any and all actions necessary to implement the DDA and each and every term and provision contained in the DDA. 5. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this __ day ~,f 71 A E m H K W Q i ti !~~ ~ I I~~~ i€ r=[ €S ~€ i! ~ ~r 1 )I ~ il~~ ~~ ~,~ ~ ~; . c ~~ p i~ ft[~, ~ 7W O~+ TRH Mld~t'S APPLICXPIQ7 Pf12 A (9!ffiB ffiSVISI(t7 PIAHCA756 It is res~ecttl~lly requestsl this it®n k~e continued to City Camcil meeting due to prod comract revisions. ge~pPCtfully tted, CITY OF RANCHO CUCL9il'[ONGA STAFF REPORT DATE: December 5, 1990 'IO: Mayor and Members of the City council FROM: Duane A. Baker, Assistant to the City Manager SiJBJEC7': City Parkin¢ Enforcement ~' y ~, It is recommended that the City Council approve the proposed program of allowing school proctors to issue parking citations on school property and to authorize the City to enter into a contract with Phoenix Group information Systems Company to provide parking citation processing services. Additionally, it is recommended that the City Council authorize staff to initiate the process to make the necessary changes to the Municipal Code to establish a City bail schedule for parking offenses. At the November 7, 1990 City Council meeting, a parking enforcement program was presented for consideration. The staff report outlining that program is attached for your reference. A[ this same City Council meeting, questions were raised regarding the current bail schedule and the potential liability associated with the school proctor program. In addressing the liability issue, the City will not face any additional liability exposure by providing parking citations to school proctors. t.'alifo:r.a Vehicle Code Seciion 21ii3 (aj specifically authorizes school personnel to enforce parking regulations on school grounds. Because the proctors are authorized by law to act on school property, they are not acting as agents of the City. Additionally, because the proctors would not be enforcing Municipal Code sections but would be enforcing Vehicle Code violations, the City is not taking on any additional liability. , 7 Parking Enforcement December 5, 1990 Page 2 Also raised by the Council was a question about the current bail schedule for parking violations. After reviewing the bail schedules for surrounding communities (shown below) it is recommended that the City Council direct staff to work with the City Attorney to modify the municipal code to create a City bail schedule. CITY Upland 520.00 Montclair 12.00 Fontana 16.50 Pomona 28.00 Ontario 25.00 It is recommended that the bail schedule be set at a uniform rate of twenty five dollars (525.110) for all offenses with some exceptions. The exceptions that are suggested are for over-weight vehicles, on- street R.V. parking between 2 a.m. and 6 a.m., pazking on private property, handicap stall violations, school parking, and fire lane violations. These exceptions to the general schedule would be set at a higher rate except for school parking violations which would be set at iii[een aouazs (al~.W). The City Council will have the final authority to determine the sates when the instrument to amend the municipal code is presented to yon. pectfully Submitted, -~~ 76 ------- CITY OF RANCHO CIJCAMONGA STAFF REPORT DATE: November 7, 1990 T0: Mayor and M?ethers of the city nouncil FROM: Duane A. Baker, Assistant to the City Manage~"~" SUBJECT: SCROOL PAREING ENPORCEMENT AND CITY-WIDE PAREING CITATION ENFORCEMENT PROCEEBZNG Racommendat on It is recommended by staff and the Public Safety Commission that the City Council approve the proposed program of allowing school proctors to issue parking citations on school property. Additionally, it is also recommended the City Council authorize the City to enter into a contract with the Phoenix Group Information Systems Company to provide parking citation processing services. Eackaround Tn Ynl ~ ~n,en 4~.y ..tl<_ -_ t1 ___ _-i ua~.~eu al.eii lU initiate action to nenhance -Jthe City~s approach to parking violations. Specifically, the Commission requested staff to ascertain the necessary procedures to authorize the two high schools located within the City to issue their own parking citations. The Commission also directed staff to investigate approaches whereby city-wide parking citations would be processed and paid directly to the City instead of the County Municipal Court. At the September 4, 1990 meeting of the Public Safety Commission, the Commission unanimously voted its support of the program which would allow school proctors to issue parking citations on school property. California Vehicle Code Section 21117 (a) grants authority to employees of public schools to enforce school parking re4ulati Jil3 on achnni nrniinric_ Since other high schools in the Chaffey Joint Union High School District issue parking citations, there is a precedent for this program in the area. Additionally, staff has been in contact with Alta Loma High School and Etiwanda High School, and they have both expressed their interest in participating in this school parking enforcement program. 7 School Parking Enforcement November 7, 1990 Page 2 The primary advantage of the school proctor's issuing the parking citations on school property is that it reduces demand on Police resources which can then be used in other parts of the community. As part of this program, a new and separate parking citation form has been developed that would not only be used by city Police elsewhere in the City, but also by the proctors on school property. Attached is a sample of the proposed citation. In addition to the school parking enforcement program, the Council is also being asked to approve the recommendation of the Public Safety commission to implement a new parking enforcement processing procedure for the City. This new procedure will be based on the separate parking citations (the same as mentioned earlier) which would include a bail schedule and an envelope to pay the fine by mail. Citation processing would be contracted to a private citation service. The service uses a computerized data base system to track all cases. T e fines are deposited directly into the C *y ac ount Currently, all parking citations are being forwarded directly to the Municipal Court for disposition and all payments are made directly to the Court. The new proposed procedure would have the citaticrs being processed and payments being made to the City via the City's contract firm. The services of the contractor include maintenance of citation records, collection of unpaid parking citations, notif;~ar;,... «._. coordination with the Police Department inu casesc wherevcitations are contested and court appearance is required, and statistical accounting to the City. The cost for printing the separate parking citation booklets would be approximately $550 per 2,500 forms. Ttiis number would amount to approximately a one year supply of parking citation forms. The cost for the contract processing service is based on a per citation cost, In the case of the Phoenix Group, that cost is $1.05 per citation. The $1.05 per citation figure yuoted by the Phoenix Group is the lowest of the three firms that were contacted. Lockheed Information System charges $1.85 per citation, while West Comnutil aunterj a charge of $1.20 ner rites.;..., - - Because of the nature of the processing contract, the only up front cost for this program would be to purchase the citation forms, but it is felt. that the cost of these forms, as well as all other operating costs with this program, would be more than adequately paid for by the proceeds and revenue generated by the parking fines. 77 School Parking Enforcement November 7, 1990 Page 3 The Public Safety Commission has reviewed both of the aspects of the enhanced parking violation program. They recommend that the City Council (1) approve authorization of high schools to issue parking citations on school property and (2) approve use of the contract citation service. If approved, the Commission will mnn itor this program and repent to t.*.c Council as the need ariszs. DAB/tlr DAB:605 Attachment 7~ 'r-ICJ"' CITY OF RANCHO CUCAMONGA Notice of Parking Violation OA1. i- ~ m-~-ar P MR ~r~K„Y PY. 51W u~ Yer M41 MoOM Cob wo Name ~acvrun 3'acum VMSOn ImOMn R GMG 104020 1A1 PMYVp On OrvKnW WN f 5200 2 RGMG 1p 4020181 BbcWrpA WYMxry (1200 ] RGMG 104020 R]1 R4r4M2 PnMnq-RM CUrNSpI f1000 1 flCMG 1040A Itl NO PYki+00 MMN (1200 5 RGMG t0.110201M WidM 20' d h151c Canetl OwiCY 1 '500 B RGMG :0110]0 ONCUpnpndnMM1C f'S 00 t FGMG 10.4.050181 rMpwM'A4 vMicM dr 9bRK S 1200 8 RGMG 10 4 010 181 'MIOx CMn PArlnp ~ 352.O1' 21 flCMG ip 4010 (CI 1MrM Cwe pKE1r10 752.00 '0 RCMG 10520501A) Orw'YKWI E~aF03 iorK f112.00 I flGMG 10 52 050 101 GVW'WKTt EKw0]ion1m801p. {102W 12 RGMG 10,32050 (AI 00]rM UIr+OrfKO RAYr an StrM f'0.00 1] I RC.MC t0&0]0 RyAMp RN On RO1el2 AM-0AM. {1000 --t •1 ' cvc 22502 fAl unlaww can RMgrp s :pao 'S GvG 1230I51A1 RYHp m R/MK>p 51W {10000 8 f _- f1RE 9AFEfY VItIIATId15 _ 1] I GVC 225001 PKYy K Fb MnF f 50.00 IB GYG 22511 PY4q WMn 15 FM d Fn R1Uf~1 f 10 W 19 UFG 102011K1 Gnetlvct Fn Agg5 AOa0 13000 20 5 _ 21 CVC S11i31A) U1xu01e114JfcA0pl hrKp S1S.00 mr., aw.K.-waa... uvw ar,.wor a rb n.•w cr~+[a^a wrco.r cm... c wr. wr~w [E Cab ~i Ya ryy[Oy %.nMrlhl <Nw MCIYOr brr WAR>U WM5 'bw OOK b'N IM/Ntl EM 4~mm W CUPPFVLY lNrppM'ME V[rl [[ +WR QEM My1 B'MK ara eYaar ~ M ah m0/ r ub ydm ppKlm MiuetlK[Mn K~w1Mm/•Rwlfmv v mpVr wbr n ny rE1vn nweb adm l 6 coK1r rrr5 [Iwm q ma KqY n un M'rr 9EV.NCrYby PYlV CgnmKrr '0510 Gre LW V Prw. RKIa CucnoV. J l 'OOelr. Mpm/m Ywr mu eumm .[rKM[ rM rvw N 4n rAp43lSM2r 'uA q rh{vV 'OM:4MCOM•Mn~VVwrmIa KMJVV•gKin 4prW} M.bR'^hwpm./pb v'pWirq wpb •ro[IY.[ :,CAMenuR wwwa5f FawS my nrom INSTRUCTIONS', (1) Inser! Dail in this envelope and (2) remove tape from reveiSe 900. Seal 9mglppe. Pnnl your name aM return aooress aria mail. DO NOT MAIL CASH. I n I ~ d m NI U a cv a U ~ ~ rn ~ x U VmU a~¢ R 2 m LL Q ~ F- f V 'IdgpU moA >ro fwac MpaYO pWW~ moA O~ NOllyll~ ~JNI)1Htld - CITI' OF RANCHO CUCAMONCA STAFF REPORT DRTE: December 5, 1990 T0: Mayor and Members of the City Council FROM: Rick Gomez, Community Development Director .:: P'~~ SUBJECT: A PETITION SUBMITTED 8Y MR. VE RN WOODR]NG, 8242 BF.L LA VISTA STREET, FOR CITY COUNCIL'S RECONSIUE RATION OF ALMOND STREET WIDTH/STANDARDS RECOMMENDATION: Staff recommends that the Gity Council refer this item to the Planning Commission to be placed on their earliest possible agenda far further review of the street width and equestrian trail issues. BACKGROUND: The City has been contacted by Mr. Vern Woodring expressing his concern with the General Plan's designated width of Almo rd Street, which is 66 feet with a d4-foot curb to curb residential collector. Mr. Woodring has stated in his petition that Almond Street does not require a street this wide and wants the street no wider than a 60-foot right- of-way, 36 feet curb to curb. He stated that the wider street would P11!'II IIF]nu • aA •.+, GLin .. I.nJ the a nom.,>~ ._..._, p:. ,,..,. ca., ,. ~~,. ~~~~p~„~ ~r-~~~ L6~ wiu Lii ui Guestrian trail. Almond Street was designated as a residential collector street (60-foot right-of-way, a4-foot curb to curb) in the County's Road System which was adopted by the City in its General Plan. The City's General Girculati on Element extends Rl mood for one mile from Turquoise Rvenue to Carnelian Street. As such, it is the northernmost collector street in the northwestern area of the City and will serve a large part of the City's future development in the sphere of influence. Currently, Rodine Companies, Inc„ is developing the southwest corner of Sapphire and Almond Streets (Tract 13738). As a condition of approval of that development, Redine is required to construct half of Almond including the intersection of Sapphire and Almond Streets up to and inripding t'n,P cnethee pt n.,„b ..,....„ any ..e e55ary trd iiii lions per Gity S to ndard5, the City's Streets and ^Highway yMaster Plan and the City's Master Plan of Trails, The remaining portion east of Sapphire, north of Mr. Woodring's residence is a half street varying in width with no improvements along the southern half of the street. MEMO T0: MAYOR AND CITY COUNCIL RE: NOODRING PETITION December 5, 1990 Page 2 After discussing these issues with the City Attorney, Jim Markman, it was determined that the City could not legally stop Rodine Companies, lnc. from continuing their work on the west side of Sapphire. Staff has asked them to delay any work on the east side of Sapphire until these issues are resolved. CONCLUSION: Staff recommends the City Council refer this item to the Planning Commission for their review and recommendations concerning the future street width of Almond Street and its equestrian trait improvements. i Res pkc tfuyiy submitted Development Director :ko CJ~or' - CITY OF RANCHO CliCAiMiONGA STAFF REPORT ncTE: ~: FROM: SOE577F~P: RENTB~fFNDATION fk~~mMr F; 199n Mayor and MemF+arc of the City Council ~-~ f William .7. Ale~mnder, Councilm~~s~ CRSIDH~fLQ7 'PO .R7II7 W1111 TFIE OF SAH BFIdAid)II1D A!D '!E¢ i1F3P E4D CPPILS OF Q@7D, lII71QATR, ATa i&llfta FLI2 E)0~(III'ION ~+ QtAR74Cf (CO 90-+'+~*) W17fi 96 fi ASSOCIIfIIS '!O PRA 'IIfE C.LTY'S SLATE !Q[i14TID 900R~ 1~ACCiQ7 Al1D RHLYCf'[.'[t~ EfS3@lP Tt is reco~reersded the City Cooncil approve exewtion of this contract for the prepazation of the City's state mardata3 Source Reduction arc] Element. At the Council's August 1, 1990 meeting, an update Was provided regar+'~i TMm the coordination of the nauit}. of San FJenx~ardino and the West End cities of ozino, Montclair, and Upland's review of the Request for Proposals (RFD's) for jointly hiring a consultant to prepare the state mandated Source Reduction arc1 Recycling Elements for these agencies. Tlese agencies, with the City of Rancho Cucamonga, have selects] SCS as consultant to prepare the Source Reduction arc] Recycling Element. ANALYSIS The attached contract formalizes the County of San Eernardino's arc] the West <:it.iPC cwrtir.irwti nn to nrorura too wmra ucrn,.rt;nn a.ri ncrn,..i r,,,. c~~..r~ each of these agencies. The contract provides a financial Mealcdcwn of the its for each indi~ agency. 4he City of Rarxfio CUCamolxja's total estimated casts (including California Fhvirormiental Quality Act) is $99,953.00. ']fie funds to pay for costs are included in revenue generated thranc¢~ tipping fees paid to the ~ of San Bernardino for use of area larclfills. scs contract Page 7kv Oece,nbet 5, 1990 'ihe total contract amount authorized 1Ti' this action shall not exceed $396,251.00 far the West Ercl cities aryl does include a 'snot to exceed amrnnnt" of $81,122.00 far the unirxxnpotated area of the West Valley. this program is inclrx3ed in the County of San Bernardino's Solid Waste Ma7lagelllent IIrtexprise FLur3 Budget for Fiscal Year 1990-91. Zhe d' r. to the consultarn shall rat ~:cec~ t!u amount oY the dvsposal tipping fees collected frtsn each city arcl the unincorporated area of the West Valley Region. 7fie cwntY of San Bernardino will make the approTs~iate payments to the consultant SCS & Associates on behalf of the West E[d cities fran its 12vst Futx3, Sub-Object No. 020, Fund 545. 'The County of San Bernardino approved this pontr-dct Non~nbe2. 5, 1990 aryl tt~ cities of Qrino, Montclair, arc] Upland approved this owrtiact a1 October 16, 1990, October 23, 1990, err] Navanber 19, 1990 z'espectively. Su~~ent to the individual agencies approval of this contract, a revisim was made to the omrtrac1: dealing with iru^uranxe language. 'Rre xevisicc~ is attached to this wntract aryl is indicated as an "Amerc~arR to the ~tttract." Staff has been advised that the Wimty of San Bernardino will adopt the anw'¢tneitt tq later than Decanbec 17, 1990 and the other West F]d cities are now in the process of adopting the a^.~errl~,ecxt. Fl7A/do Attacinnent: ~ntract far Nnsultirg Services 8~ ~~ .~SLr OF SAN BERNAROINO COUNTY, CALIFORNIA 0 1990 FROM: W .aD a ng, r Solid Was gement Deparlmtent SUBJECT' We&t Valley Coalition, Wdete ChdrdC:tellZatlOn and Source Reduction i Recycling Contract RECOM MF.NDATIOM Approve County of San Bernardino participation with the Cities of Chino, Montclair, Rancho Cucamonga and Upland (West Valley) to complete a Waste Characterization Study and Source Reduction & Recycling Element (BARE) for the Countyrs unincorporated areas of the West Valley Region. Authorize the Solid Waste Management Department to commence payment to the Consultant, SCS & Associates, on behalf of the west Valley Prom Trust Fund, Sub- Object No. 020, Fund 545. BACKGROUND: The County of San Bernardino is required by ss^tate i.aw to prepare and implement a Source Reduction 6 Recycling Element for the Countyls unincorporated areas. Tha Solid Wants Advinnrv TanY Fnrnn has nn.nmo~AoA _ al approach to meet this requirement '~ Threa Coalitions have been formed; West Valley, East Valley and the East Mountain/ Desert. This action formalizes County participation in the West Valley Coalition Contract with SCS 6 Associates to complete the SRRE for the unincorporated areas of the West Valley Region. The Cities of Chino and Upland approved this Agreement on October 16 and October 23, 1990. The remaining Cities, Montclair and Rancho Cucamonga have the contract scheduled for approval on November 6, 1990. the Board of Ia.gsm~oo0 I ~~ I n... tofu ITEM West Valley Coalition, Waste Characterization and Source Reduction & Recycling Contract November 5, 1990 Page 2 of 2 REVIEWED BY OTFffiR DEPARTMENTS• This item has been reviewed by Kathryn Brill of Risk Management on October 25~ 1990; Bobby givens of Contract Compliance on October 25, 1990 and Robert L. Jocks, Deputy County Counsel on October 26, 1990. F'_INANCIAL DATA• Funds to pay for this program are included in revenue generated through tipping fees paid for use of area landfills. This action has no impact on the County General Fund. The total contract amount authorized by this action shall not exceed $396,251 far the West Valley coalition which includes a not to exceed amount of $81,122 for the unincorporated area of the West Valley. This program is included in the Solid Waste Management Enterprise Fund Budget for Fiscal year 1990-91. Disbursements to Lhe Consultant shall, in no instance, exceed the amount of the disposal tipping fees collected from each city and .. ,..a PRESENTER- Markin S. Shaw, Chief, Planning & Recycling V ~`~Jr~lr!~/ ~ COUNTV OF SAN 9E RNAflDINO STANUARO CONTRACT ~y~4//~~ Cvunry Owenmem i Cantrct N.mvn SCGID :rAS~= 'lnNAGE9ENT ~I cou.w ow.nmw ca~vea qmn«men.+ comr«m.. ~_~tw~ N.mwn William ~. _tec inc 29C0 on Env BmAt 4,nrt No ..e Ue.¢t Na ~.~v v Ne. mount of Cony«r 8 y, Trust Sund C20 ~~545 5396,251 ~ «. rv. [Jest ~la iley e~ I~; ,•""•, m,.. ,~ ,,,. ,.,m.nt e, .«.~,.. °" Coalition, SRRE s e,ne roim..~~a I m - menn Evmn•. drdCC2Cl sac LCn gooroamm gmouv E,ctr THIS CONTRACT is emend into in the State of California by antl between the County of San Bernardino, hereafter called the County, antl Nem. nest '!alley Coalition Hereafter called San Bernardino County v[iVe WesC Vdliey Coal ltlOn man 3ernarci no, California enone emn con r•ee..~ ~ o vo ~. oo.~u sea,... no IT IS HEREBY AGREED A:i FOLLOWS: Use mace oe/ow and addi!ional bond Sheee. Set lordr service ro ce rendered, amount tc be paid, manner o/payment, bme 'pr cenormance or comoretipn, derermmetipn o! 3'dfiifaCtpry periprmanCe and cause for remrinsrion, oMer corms and canm eons, ana attach plant..rpenfiednont, end eddenW, iI any,! AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into as of this 7th day of November, :.990, by and between the CITIES OF CHINO, MONTCLAIR, RANCHO CUCAMONGA. UPLAND. AND SAN RF.RNARDTNO (`OtiNTY. hareinwfhor referred to as the "JURISDICTZONS" and SCS ENGINEERS, hereafter referred to as the "CONSULTANT." WITNESSETH wHEREA:1, the JURISDICTIONS desire individually and collectively to develop an Agreement for the purpose of setting forth certain rights, duties, and obligations of the respective parties with respect to PREPARATION OF SOVRCE REDUCTION AND RECYCLING ELEMENTS IN COMPLIANCE WITH ASSEMBLY BILL 979, >x4au snno ~... ~ , .c ~ ~ „wl „30 hereinafter referred to as the PROJECT, con~i.sting of consulting servi^.es and all appurtenant work as described in Exhibit "'~; and WHEREAS, the JURISDICTIONS desires to retain the services of a consultant experienced in Solid Waste Management Planning; and WHEREAS, CONSULTANT is qualified in Solid Waste Management Planning and has (1) reviewed the Rem~est For Proposals furnished by JURISDICTIONS pertinent to the PROJECT; (2) has reviewed the data ,,~~ovided in the request for proposals; and (3) is willing to accept responsibility far performing the services set forth in this Agreement for the compensation and in accordance with the terms and conditions herein specified; and NOW, THEREFORE, in consideration of the promises and the carrying out the terms of this Agreement, it is agreed as follows: VV z ARTICLE I CONSULTANT PERSONNEL JURISDICTIONS selection of CONSULTANT for the performance of services as described herein was based in part upon a careful consideration of the qualifications and experience of personnel who will participate in the various areas of work involved in the design of the PROJECT. The names of these personnel and their areas of participation under this Agreement are set forth. CONSULTANT shall be responsible for the performance of the work and shall utilize the specialized experience of the said personnel. In the event that the CONSULTANT, through circumstances beyond its control, is unable to provide the services of the said personnel, including any special consultants, CONSULTANT shall ba responsible for providing other personnel for the performance oP the particular items of work involved, whose experience, in the opinion of the JURISDICTIONS, is equivalent to that which would have been provided by said named personnel and, in addition, shall be resoonsible for any additional cost occasioned by such an eventuality. In no event shall such an occurrence result in an increase in compensation to be paid by JURISDICTIONS under this Agreement. gq 1 ARTICLE II SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT shall prepare, complete, and deliver to the JURISDICTIONS, in accordance with the schedule described under Article V, the necessary reports, analyses, and other supporting data as described in Exhibit "A". This Agreement includes and embodies all provisions, terms, conditions, and requirements of the Re<ryest For Proposals dated June 21, 1990; SCS Engineers Proposal to Provide Professional 5e rvices for Waste Characterization Studies in compliance with AB 939, dated July 27, 1990; SCS Engineers Proposal for Preparation of the Source Reduction and Recycling Klement of AB 979, dated July 27, 1990; and letter from SCS Engineers Revised Budget Estimates to Provide AB 939 Solid Waste Planning Services, dated September 14, 1990. Said provisions, terms, conditions, and requirements are incorporated hereby by rzference as if fully set forth. CONSULTANT shall be responsible for the accuracy and completeness of all work agreed to herein. CONSULTANT shall promptly make all corrections and revisions required to rectify errors or omissions in the final report ar,d analysis as reported to CONSULTANT by JURISDICTIONS. 90 4 ARTICLE III JURISDICTIONS RESPONSIBILITIES The JURISDICTIONS shall: A. Notify CONSULTANT of execution of the Agreement by the JURISDICTIONS and issue a Notice to Proceed. B. Provide CONSULTANT with one copy of all pertinent record date in JURISDICTIONS files pertaining to the PROJECT. C. Hold CONSULTANT harmless fx•om any liability arising out of any errors or omissions in any of the material described herein being provided for each Agency Members JURISDICTIONS. C. Each member of the JURISDIt:TION shall at its own sole cost designate a staff repfesentative to serve on the coordinating committee whose responsibility it shall be to administer the co n:sultant contract. The representative shall designa ~e an individual among them to act as "Contact Person" for the JURISDICTIONS. The contact person shall coordinate and provide to consultant information received from the parties, disseminate information received from the CONSULTANT to the JURISDICTIONS, call and make all necessary arrangements for _ ..,aotin^.gs reyured. He shall serve without compensation beyond such normally provided such persons employer, and shall have no ability to amend or modify the Agreement for Consulting Services, change the scope 9~ 5 ~: of the work, or to otherwise obligate the parties, without their individual prior written consent and delegation. E. The rights and remedies of the JURISDICTIONS provided for in this agreement shall not be exclusive and are in addition to anp other rights and remedies provided by law or under this agreement. 9a- 6 ARTICLE IV CONSULTANT RESPONSIBILITIES A. The CONSULTANT shall be responsible for the preparation of any and all waste generation studies, reports and/or analysis necessary to comply with California Assembly Bill 939, California Assembly Bill 1820, and the current guidelines of the California Integrated Waste Management Board. Under these guidelines, three wastes generation studies will be prepared for each member agency of the JURISDICTIONS, the studies to be conducted are as follows: o A Waste Disposal Characterization Study o A Waste Diversion Characterization Study o Waste Generation Forecasts for 15 Subsequent Years B. The CONSULTANT shall also be responsible for the preparation of the Source Reduction and Recycling Element for each Member Agency of the JURISDICTIONS. The project will be conducted according to Section 3, Scope of Services contained in Proposal for Preparation of the Source Reduction and Recycling Element for AB 939. 93 ' ARTICLE V SCHEDULE OF WORK A. The schedule for completion of each identified "Task" under this Agreement is shown in SCS Engineers proposal to provide professional service for Waste Characterization Studies in compliance with AB 939, dated July 27, 1990 and SCS Engineers proposal for preparation of the Source Reduction and Recycling Element of AR 939, dated July 27, 1990, a.nd it is understood that CONSULTANT shall complete work herein withir. the time periods specified but contingent upon the reviews of each Member Agency being completed as programmed. B. Except as otherwise provided herein, when any of tha parties to this Agreement has knowledge that any zictual or potential situation is delaying or threatens to delay the timely performance of work described in this Agreement, that party shall immediately give written notice thereof to the other parties. C. JURISDICTIONS may approve revisions to the :achadule described in Section A of this Article. However, should CONSULTANT request revisions to said schedule which are not approved by JURISDICTIONS, then the schedule described in Section "A" of this P.rticlc shall ba mo.ata i.^,ed. 9~ B ARTICLE VI COMPENSATION FOR SERVICES OF CONSULTANT A. CONSULTANT agrees to perform all work set forth in Article II and to accept as paysent for said work and services an amount not to exceed the "total estimate including CEQA", of $396,251, indicated for each member of the JURISDICTIONS in Exhibit "A". B. Zf it is mutually determined by the CONSULTANT and the JURISDICTIONS during the progress of the work that additional items of work, over and above, and not included in those set forth in Article II, are required, or that some work specified in Article II is unnecessary, the total compensation for CONSULTANT'S services nay be adjusted; such adjustment shall be made .only by the unanimous agreement of the JURISDICTIONS individual members and by the agreement with any and all of the parties. As per this Agreement, the additional work affected by such modification shall not be started until fee adjustment and authority to proceed have been confirmed in writing by JURISDICTIONS. 9s 9 ARTICLE VII PAYMENT n. CONSULTANT shall submit, on a monthly basis, detailed monthly invoices covering the services provided for in the prior month to each signatory member of this Agreement. Said detailed invoices shall clearly indicate services nerfermad during Lhe billing period for each member of the JURISDICTIONS, including, but not limited to, a brief description of tasks performed; the number of hours spent 6y each salary classificatimr. on each task; all extensions; a listing of charges accompanied by appropriate documentation such as billings for special consultants, subcontractors, and materials; and other pertinent charges with brief explanations shown on invoice. Each invoice shall 6e certified as to accuracy by CONSULTANT'S Project Manager and shall include the fallowing statement: ;.ec eoy certify that this invoice is rorrect and complete in accordance with Article VI of the Agreement." B. JUR ZS UICTLONS shall examine detailed invoices and supporting documents and authorize the County of San Bernardino to pay CONSULTANT only from funds collected for each mem~er agency by San Bernardino County Solid Waste Management !)apartment at the landfill on behalf of the participating entities for AB 939 related services. 'f a member ageflcy'a incurred cast exceeds money collected by the County of San Bernardino'e Solid Waste Management Department at the Landfill fcr AB 9]9 related services, the member agency shall not hold the County of San Bernardino responsible for consultants costa and shall assume all fiscal responsibility to the consultant g~j^ 10 upon notice by the County of San Bernardino of AB 939 Revenue Short-falls, or until sufficient AB 939 related revenues have been collected for the County of San Bernardino to remit payments to consultant. An amount equal to l0~ of the monthly invoice will be retained until all work authorized 'indar the contract is complete. CONSULTANT shall be paid on ei monthly basis according to actual time and materials c xpended in accordance with Exhibit "A" and subject to Provisions of Article VI, Section A. C. 7: the County of San Bernardino fails to make payment, or a C: ty fails to authorize payment, within sixty (60) days after receipt of the CONSULTANT'S billing, the CONSULTANT shall, upon written request, be granted a temporary suspension of wo.-k until payment is received. The CONSULTANT shall be al; owed an extension o£ time directly attributed to the suspension of work. u. lr :he County of San Bernardino fails to make payment within nini:ty (90) days after receipt of CONSULTPSlT'S•' billing, the CONSULTANT may, after ten (10) days from delivery of a writ .en notice to the JURISDICTIONS, terminate the Agreement and recover from the JURISDICTIONS, payment :.or all work executed and all expenses sustained to date. E. Keith'r payment of amounts due by JURISDICTIONS nor acceptance of an~~ such payment by CONSUZ,TAN'f shall ..ofistituce a waiver of any claim for errors or omissions in invoices or payments. 11 97 ARTICLE VIII OWNERSHIP OF WORK Each member of the JUPISDICTIONS shall receive original drawings and plans and reproducible copies of charts, graphs, computer data, calculation sheets, and similar data developed or supplied by CONSULTANT for each individual element completed under this Agreement. Such originals shall be delivered to JURISDICTIONS and shall become the property of JURISDICTIONS upon payment (+ 10& retention) in full of all compensation due CONSULTANT for services performed hereunder. However, CONSULTANT is entitled to retain copies thereof for his own records only. Any use or reuse of the plans and specifications except for the specific project intended or any alternation or revision of the plans or specifications without the specific writL-en consent of the CONSULTANT shall be at the sole risk of the ,NRISDICTIONS. The JURISDICTIONS agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such use, reuse of alteration or YPV 1 C l llll If the JURISDICTION requests written consent from the CONSULTANT, the JURISDICTION shall further compensate the CONSULTANT at his then current hourly rates for the time CONSULTANT finds necessary to review the proposed action in order to grant such consent. /~Q' 7 () 12 If Member Agency of the 7URISDICTIONS request additional work or more detailed work not specified within current contract, The Member Agency shall enter into a separate agreement with the CONSULTANT. Additional work requested by each Member Agency shaii not effect the timeline established for the SURISDICTIONS in this Contract. 9/ 13 ARTICLE IX TERMINATION It is not the intent cf JURISDICTIONS to terminate this Agreement before the completion of tasks as indicated in Exhibit "A" except for sound business reasons, of which JURISDICTIONS shall be the sole judge, and which may include, but not be limited to, the insolvency of CONSULTANT. However, and notwithstanding: A. JURISDICTIONS may, at any time, terminate thz Agreement, or any portion thereof, without liability (except as hereinafter provided) by delivering to CONSULTANT written notice specifying the desired termination date at least thirty (30) days in advance thereof. B. Zn the event that this Agreement is terminated, CONSULTANT shall, within thirty (30) days of notification of terminaticn, complete those items of work which are in various stages of completion and which JURISDICTIONS determines are necessary to bring the project to a timely, logical, and orderly end. C. In the event that this Agreement is terminated, CONSULTANT shall within sixty (60) days after notification of termination, submit to JURISDICTIONS its termination claim. The CONSULTANT shall be entitled only to its hourly pay in ____rda..__ _ith EX.^.lbit "A" ...^.d ....~t 63Van..2d fo.. th 6 w.^.rk finished by him and shall be paid by JURISDICTZONS within thirty (30) days of receipt of a bill showing said work and hours. / ~ l4 ARTICLE X DEFAULT A. NRISDICTIONS may, by written notice of default to CONSULTANT, iaunediately terminate the whole or any part of this Agreement in any one of the following circumstances: 1. If CONSULTANT fails to perform the services within the time specified in Article V or any extension thereof; or z. If CONSULTANT fails to perform any of the other provisions of this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either oP these two circumstances does not cure such failure within a period of four (4) days (or such longer period as JURISDICTIONS may authorize in writing) after receipt of written noticei from JURISDICTIONS specifying such failure; or B. in the event that the JIJRZSDICTIONS terminates this Agreement in whole or in part as provided in Section "A" of this Article, the CONSULTANT shall be entitled to, and the NRISDICTZONS shall pay, as of the date of termination, for actual work performed, based on hours submitted to the JURISDICTIONS, NOT TO EXCEED PRICE equal to the hours Yeauired tp rnmpicre t!le tack d9SCribcd a,-. Exhibit "A", In the event that the tota.Y of the monthly payments to the CONSULTANT as of the date of the termination exceed the hours of the NOT TO EXCEED PRICE to which the CONSULTANT ie /O/ 15 entitled, then he shall repay the excess to the JURISDICTIONS. Zn the event of termination as set forth above, the CONSULTANT shall deliver to the JURISDICTIONS the originals of all finished and unfinished documents, data, studies, surveys, drawings, photographs, and reports or other material prepared by CDNSULTANT under this Agreement. C. If, after notice of termination of this Agreement under the prov.i sions of this Article, it is determined for any reason that CONSULTANT was not in default under the provisions of this Article, or that the default was excusable under the provisions of this Article, the rights and obligations of the parties shall be in the same as if the notices of termination has been issued pursuant to Article IX. D. The rights and remedies of JURISDICTIONS provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 16 ~O l ARTICLE Xi SUBCONTRACTING Should CONSULTANT decide to enter into consulting agreements with special consultants other than those named in Exhibit "A", then prier written approval of the JURISDICTIONS shall be obtained. CONSULTANT may enter into subcontracting agreements without approval of the JURISDY CTIONS for equipment, materials and other services in connection with this work. Consultant shall comply with the County of San Bernardino's Affirmative Action Policy stated in Article XIV, Paragraph B, which encourages Minority and Business Women Enterprises participation with the County's Procurement Process. The goal for Fiscal Year 1990-91, established 6y the County Administrative officer is 15$ Minority and 5$ Women Business Enterprises participation when Consultant hires sub- contractors. It shall be understood that such subcontracting and consulting shall be limited to specific supporting items of work and that such subcontractors and consultants are bound to all terms and conditions of the Agreement. In no event shall CONSULTANT be relieved of any of his responsibilities under this Agreement by virtue of the existence of any such subcontracting or consulting Agreement. 17 /03 ARTICLE XIS INSURANCE AND INDEMNIFICATION A. su aflce Reouired. CONSULTANT shall provide and maintain at its own expense during this Agreement a policy or policies of insurance covering its operations under this Agreement as specified herein: 1. Statutory worker's comEensation to meet all applicable requirements of the Labcr Code of the State of California and occupational disease insurance as applicable, including employer's liability insurance in limits of not less than $1,000,000.00 for each person and $250,000.00 for any one accident, covering all of CONSULTANT'S personnel. 2. Combined single limit automobile pu611c liability insurance covering bodil;~ injury and property damage in an amount not less than ;1,000,000.00. Said automobile insurance shall cover all owned, non-owned and hired vehicles used by CONSULTI~NT in the performance of the work. 3. compx•ehensive public liability insurance covering the work with bodily injury e.nd death limits of not less than $1,000,000.00 as fiu a.,y one occurrence. 4. The insurance described i.i Subsections 2 and 3 shall name JURISDICTION3 as an tidditional insured and shall 18 /oil also provide contractual liability coverage satisfactory to the JURISDICTIONS with respect to liability assumed by CONSULTANT under the provisions of this Agreement. Written proof of compliance with the requirements of this paragraph, consisting of certificates of insurance and a copy of the additional insured endorsement to CONSULTANT, shall be filed and approved by JURISDICTIONS prior to any work performed by CONSULTANT pursuant to this Agreement and Orion to the expiration of each policy year thereafter. CoK'SULTANT shall effect renewal of such insurance not less than thirty (30) days prior to expiration thereof and shall promptly advise JURISDICTIONS that such renewal has become effective. In the event that CONSULTANT shall not have effected such renewals a minimuti of tY,.irty (10) days prior to the expiration of such insurance, JURISDICTIONS may, at its option (but shall not be obligated so to dc), pay the premiums necessary to afford such insurance coverage and CONSULTANT shall promptly reimburse JURISDICTIONS therefore upon demand, and JURISDICTIONS, at its option may offset the costs of premiums against any one concurrence. 5. CONSULTANT shall maintain professional liability ing,iranrc in _„ ____nr =t iegg than ~i~~nD~nnr1_hn endorsed as follows: 19 /Q~ "Insurance afforded by this policy shall apply also to the liability assumed by the insured under the Agreement with the Cities of Chino, Montclair, Rancho Cucamonga, Upland, and the County of San Bernardino for provision of engineering services, provided such liability results from an omission, negligent acts of the insured, its employees, agents, officers, or subcontractors, either active or contributorily, jointly or concurrent, except any such injury or damage which was caused by the negligence or fault of JURISDICTIONS." The CONSULTANT shall require the carriers of the above required coverage (except errors and omissions and automobile policies) to wave all rights of subrogation against the JURISDICTIONS, their officers, volunteers, employees, contractors and subcontractors. All policies required above are to be priaary and non-contributing with any insurance of self-insurance programs carried or administered by the JSIRISDICTIOl7S. The CONSULTANT shall use reasonable care and diligence to comply with applicable federal, state, and local laws in the performance of work under this agreement. The CONSULTANT will comply with the provisions of the Worker's Compensation and Insuranc® taw of the State cP California. 20 /~~ ~. T_ndemnification: CONSULTANT acrees to hold JURISDICTIONS, City Council, Board of Supervisors, officers, agents and employees of each Member Aqency free and harmless of and from and defend and indemnify them against all liability, loss, damaye, expense, cost, of every nature arising out of any damaye or injury to persons or property of any kind or nature to the extent that the cause of such liability, loss, damage, expense and cost is contributed to or caused by all acts or omissions of CONSULTANT and/or its officers, agents and employees in the performance of the work under this Agreement. 21 /~ / ARTICLE XIII ASSIGNMENT This Agreement, or any interest therein, including any claims for monies due or to become due with respect thereto, may only be assigned upon the written consent of the other party and any prohibited assignment shall be null and void. No party will unreasonably withhold consent of the other party's request for assignment. Any payments to any assignee of any claim under this agreement, in consequence of such consent, shall be subject to recoupment or other reduction for any claim which one party may have against the other. 22 ~~~ ARTICLE XIV AFFIRMATIVE ACTION AND ANTI-DISCRIMINATZON A. CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries or holding companies, will be treated equally by CONSULTANT, without regard to or because of race, religion, ancestry, national origin or sex, and in compliance with all anti-discrimination laws of the United States of America and the State of California. B. CONSULTANT certifies and agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. Executive Orders 11246, 11375, 11625, 12138, 12432, 1225C, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.. c. 2f JURISDICTIONS finds that any of the provisions of this Artirlu hale b`^. C.^. ..Ciatcd, the name shall constitute a material breach of contract upon which JURISDICTZONS may determine to cancel, terminate, or suspend the Agreement. 23 l09 While JURISDICTIONS reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that CONSULTANT has violated State or Federal anti-discrimination laws shall constitute a finding by JURISDICTIONS that CONSULTANT has violated the anti-d incrimination provisions of the Agreement. 24 // V ARTICLE XV GENERAL PROVISIONS A. The work to be performed by CONSULTANT as~described under Article II shall commence as of the date provided for herein, and upon commencement of such work, CONSULTANT'S right to compensation for expenditures for such work shall accrue. B. CONSULTANT agrees that JURISDICTIONS, or any duly authorized representative, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, time cards, employment records, or other records relating to this Agreement. Sucl. material. including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintaine3 by CONSULTANT for a period of three (3) years after completion of this Agreement, unless JURISDICTIONS written permission is given to dispose of material prior to that time. C. This Agreement: rt_ay be amended only by mutual consent in writing of t`.e parties. 25 I/ D. Except as may otherwise be provided, all reports, communications, documents and information obtained or prepared by CONSULTANT in connection with its work hereunder shall be treated as confidential material and shall not be released or published without prior consent of JURISDICTIONS, nor shall CONSULTANT issue any news releases or publish any information with respect to its work thereunder without prior consent of JURISDICTIONS. E. The invalidity in whole ar in part of any provision of this Agreement shall not void or affect the validity of any other provision. F. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of such provision. Failure of either to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity. G. CONSOLTANT shall not place any notes, notices, starnps, or other similar statements on ci,e ii,ral plans, supporting data, and data for inclusion in the specifications submitted by CONSULTANT as required under Article II which seek to discla== ..- ..m.~ CONSULTANT'S responsibility to the JURISDICTIONS in regards thereto, except as otherwise approved by JURISDICTIONS, or as noted under ARTICLE III. //~ 26 H. In the event either party commences litigation to enforce this Agreement or to obtain a declaratory judgement with respect to the terms of this Agreement, the prevailing party shall be entitled to receive from the losing party court costs and reascnable attorney's fens. I. Any opinion of construction costs provided by CONSULTANT are based upon his experience and qualifications and are considered to be an opinion only. CONSULTANT does not guarantee the accuracy of such opinion as comgared to the contractors' bids or the project construction cost. J. This Agreement shall ba binding on the heirs, successors and assigns of the parties thereto. The plural shall include the singular and the singular shall include the plural and neuter wherever the context so requires. -n. In the event of conflict between this agreement and Exhibit "A" attached hereto, the Agreement exclusive of Exhibit "A" shall govern. L- This agreement shall be governed by the laws of the State of California. N. Any approvals, consents or other action which, under the terms of this agreement, may be required by the legislative bodies of each Agency Member JURISDICTIONS shall require the approval of all legislative bodies of each participating vlibiiC aSenCy ullie3e an indiv iriual arriri ~H ..g .n.blip p------p'-'° ~- agency, waives, in writing, its right to participate. Such waiver may include reasonable terms and conditions applicable to the specific circumstances of such waiver. 113 z~ ARTICLE XVI NOTICES Official notices or correspondence relating to this Agreement shall be in writing and sent to the following address: CITY OF UPLAND GENERAL SERVICES DEPARTMENT P. O. BOX 460 UPLAND, CA 91785 ATTN: INTEGRATED WASTE MANAGER SCS Engineers 3711 Lony Beach Boulevard Ninth Floor Long Beach, CA 90807 28 // IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the date first hereinabove written. CITY OF CRINO MAYOR DATED• (SEAL) CITY OP MONTCLAZR MAYOR DATED• (SEAL) CITY OP RANCNO COCANONGA idAY GR DATED• (SEAL] 29 '~~ ATTESTED CITY CLERK ATTESTED CITY CLERK ATTESTED CITY OF OPLAND n r /~ 1SOR DATED: _. (SEAL) COUNTY OP SAB BERN7IRDYBO CHAIRMANr BOARD OF SUPERVISORS CONSULTANT: BY: _ TITLE: _ DATE: _ COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors DaCetl ATTESTED: Clerk of thn Board of Supervisors !Burt d ccleonhM. CeniPwvY, erc.l 8y ,.ua.3/~Iiir S%9romnl Title Address wenov.e n ro ~M~ fern r1wlOr•e w ro w/Hrmnir. Own bviwrW b. frotsmf - - - - ~ ~ ~ Ceunrv ceunwi Arrwv wamnnvrter/CAO r,, /~ `Y n. om. oa. OYlieltiee en. IlM •r i0 .. i0 ATTESTED CITY CL t ATT88TBD CLERK OF THE BOARD OF SUPERVISORS ~~~r°$~ 4 __ _ @ M88&~Or~ ppp N O~S^q' ~y ~~ oc ~~ ~N u$CC >> ~OV L~ NJ a" ~P Sa ~< _ r °°°e.. p ~ I OOHPry00 ~.t N°oo~°° I~+ ~ _ N m°oo ~v N 00000 OV °~ONOy ~o N rvNNO° ~~ O°OY ~ g J N NPnoo°~ ~W" uNN000V ,. W 5 9 a :: s =~- s ~ s aE~_ 9.x~. ~ ~ a S s..FS ~ o ~YY Y ~ o eo"~u•u• a F '$ ~LLMLMN Q O om ~~ as uV Nob ~ 8a 8V ~N ~~ ~~ WW <: 00 1-^O ~ • •- I S°` I~ P- M m ~ ~^ Oa .p~r O F' ~°° ~o 8$° It~j~ r „° ~M8 000 ~O IIS §: ~i~ tL z~~ s`~a Q ~ 4~ ~ y ~3 r r-.~J P Y O ~ jJ U~ J yy06- Y7i QQ~ YOA M~1 P ~~ ° C' u~ S C~ '<a fr' ° 5 ~ 6 ~"' R ? 998• ~ ^ w € _ 66 ~6~iY6L Y Y g9 g ~i yy ': ~':~P~o~~B}E3 ~d a _y .yy_ Y: ~33 e 8 A ~~5~~8Z3Aitl ~? _ ~Nn.r e.a if I a 4 ., m Z K $R ~i:o~~ ^ '_ L~ nAPP~ON VM ppp - ~wwPOO ~. of ~~ ~a x I ~i ~ ~ S8 f V V N 9 N ~ ` ` SI E 9 ..r ep N ~ J ~ P p I M a ry ~ f e J m ~ r o w ~ ! n M1 r M N0o Cw ~ N woo f ~ N ~ owo rv N-N m p I emom p ~ f ~ rv N ~~ w..~ x ~ C „ _ V egg 8 x a` ~"s~ s ~ ~ g J 3 `~w~ u YYY.Y.-. ` ` ` ` o sw c w p ~~~ ~ r ~o ~ W ~E m e~ Er -t xco ~ J ode aI r' a g~ in ~ ~ ~ "° I~~ . E ~S° ^ 3 ~~ a ~~~ ~ m yy~y kC ¢N o p O f9 v ~ J ~ •o }aC' k~ y 'y'„ Y~ o-~i~ `f ByY" ~~ yeg~ ••=.5 a ,. € ~ c ~;, F ~ SSS .e~ gs~ i a ~ a.•- sPa g nNNY N~. y w ~~~~Nee ..a aN~ .N.a~&~'N°M pN N ~~a~ P b VY VC iN ~€ C 5 S+ 3,- a r ..wmoNNn ~ u °. ~+uoomem ^^^ f' o~woo ~ n omooooo pO 3 owoo~e~ I~ ~^ N N N ~ m ii amour ~ $ omoa ~ N f omoo I. ~ X00 OOw ~~ o@P ~ 8 S ~qrq o w ~`~i~ ~ ~ '~~x~~i :: ~ Yi ~YfIF ~'~Lyy q5~ ~ s s`s`sws`wA J~ ~ e N' ~~ W3 uA$ ~o ox VV ~~ ` 'oo ~vo ~ Q '&o oQ r ~ a yF R8° ~ N ~_ $ ~g 6 6 o ~ d : €' %~ `a. J ~ a gb ~ do "` ~ a X2 e o ~ ~ io $~ C uC y N Z{N o ~ ~1 0 ~i - $_€ 9~ 3 ~: @ L~ _ ~~ 8~~-~~ ~~ °I ~ _ bg~~~E•~YYS~ ~y5 B~ L ~ y ~i 8@F~e~~"e~~~ ~.i ~w ~ ° i ~~~J i uPa-~ '[} of ~nna~na y~ OW ~lll n ~~~~~N~~~~~~ i § _fN~aM a8a~°., a ^amNOm b 2V Sti ~F ~yyfr of V~ _ ~ ~ ~ c .- a ~ n r.aooNOm n f ° ~ ~ e maoeeo ~ ~ f o aoNNO.. ~ V N ~ ~ a _ ema4 ~A ~ a aaoryar I a ^ NOOI000^ ~ pa f .... _mA ~ ~° f rvrv ==m w J I` V oWg 9 E S ~.~ v ~. a~~~~r $ ~YYEY. pYY yy _ ` s`~tw`~nA A n~O ~ ~' ~~ ~~ &~ 3: r.N~ ~ 68 ~~ ~ ~~ -- c ~ w _~ Ha ~ ~ a o n n u ~ e2 ppp m ~ ~ $ ~q pp E~ r ~ r ~ ~°„ I 5E ~e ~ n m'3 8 s ~ ~ Y~5 ~'O C9 N ~ M1 ~N~ ~ A fifiy~ n ~6 g". V a ~~ y w ~~~~~~Sy~~y ~i y tp tiiC fl B ~~E' ?'~_p3g 8 yy ~rvra~na yg O~W ti/~F ~-~~~~~~~~~~~ Y ~~n~no$$ 5 '1 ^vM ~i O.pCp NN nPPPYNMO ppp J ^bOP90 ry e S~ ~N < :. ~~ o ~~ ~~ ~n ry~ ~~ ~+w rv00 C p ~~ Min ~n ~ p O MN S N F i Z L _ _ _ 00 ~n oo N ~ J 00 M p n e ~ N P O~GOOOVJ NN~ r rv~~ y M rvmo m ~ N i ~ OOOO N N f omooovo Irk omooJOd ~ ' f . ry N ~ ~ emom ~ ~ .. _ o _ ~ N n N ~M mdN ~ x ao^^ees N o n w 7 ;gg ~' P. ~ o "S-~ ~76~:~~ F:F»r»:E ~ x ~ p0 ~ m _N° ~ s ~~ B~ o &g° ~ ~4 V N e ~~ ro ~ ~~ N ~ ~o `u~ >°O~° ~ `~ ° ~ ~ is uy K~'$8 ~ c ~ fiyy: E~ ~~ ooe ~ ~ ~p `? -o yi' SS 8~g ~~ ~ ~ ~ .~6 • u ~i~ !t ~ 9 //\J S ~~ ~~~ 8/V! ; ~ ~NVIV NCO spa ~ ~ ! _~~~~~"^~~~~ ~ AMENDMENT TO THE CONTRACT /4 "Insurance afforded by this policy shall apply also to the liability assumed by the insured under the Agreement with the Cities of Chino, Montclair, Rancho Cucamonga, Upland, and the County of San Bernardino for provision of engineering services, provided such liability results from an omission, negligent acts of the insured, its employees, agents, officers, or subcontractors. It is understood that any such injury or damage which is caused by the fault or negligence of the Jurisdiction should be Jurisdiction's sole responsibility." The CONSULTANT shall require the carriers of the above required coverage (professional liability and automobile policies) to wave all rights of subrooatinn anT; »=* ~*e JURISDICTIONS, their officers, volunteers, employees, contractors and subcontractors. All policies required above are to be primary and non-contributing with any insurance of self-insurance programs carried or administered by the JURISDICTIONS. The CONSULTANT shall use reasonable care and diligence to comply with applicable federal, state, and local laws in the performance of work under this agreement. The .,..~.SULTANT will comply with the provisions of the worker's Compensation and Insurance Law of the State of California. 20 i~33 ~~~ginal Poor Quality J OMN 'J MANNERINO suseicucua December 4, 1998 Ns. Nancy Pong Planning Department CITY OP RARCNO COCAMOdGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Sam's place Conditional Dee Permit 78-/3 Amendment Dear N8. POng: '-:~CyL~VG~~ :Il'y0F F~F:CHO CUCAMONCt ~+aNN+NG .N5K1n' d ~ECO~~j ~S~~n~~~i~~8~4,s;~ The purpose of this corzeapondence is to regaeat a contionegceg o! the above-capt£oged meets:, curreetlp wt toz Dec®ber 5, 199/ to December 19, 1991. I rill De ameble to ettemd the beating jt ached ul ed on Decubar Stb ae i am aazrgntiZ eWagW in a jury trial in Depactmept J of the /apaf.3oY COaz't of Los ingelea County, Long Beacb, rhleb has gecal/aitated~~ rameiming In the Long Eeacb area far the daratioq of aai4 tZlal. ny presegce i• eewotial at t6~ haazisl om~;6e appeal to pzovida suDDlemental infarwsH nn .,1 •w ~~_~..~_ ._ .~... . o£ the eurcoundlog wighborbood +ad to ~ w~°~' wu cueracur client's posltioq ea th/s coaditlamsl use~z>•itY p ea nt ey further required !:O ad ~ Mp preaeace Se negotiations take plea~atth~ Ci~~Coa~b~cilimeetigguld suggested If there is some dtfficaltp in egetlgafy tbi• Batter, please notify my office irediatelp. Sbaek pa fo[ ponz oaeeideratioq In this zegard. .. .. , Very truly yours, NANNZRI/p i BRIGOCLIO JDd/drf cc: 8. Pallegrlgo '~ AJ31 BASE IINE ROAD, SUITE 1101 RANCHO CUCAMONOA, CA 01700 / TEi pill 930-1100 / FA%p11) 911-8810 .-. s `Original_Poor Quality PE r I r Ien~ FOP. ALHGtJU S'I'F.'EET WIUrFI RP1U EL,IJGt3TF IgrJ Tii FOIL ,.i' l i ~~ I IPp i ~ ... I; , i i i ' I' u I' I' .' n i~ q i i.i. ~. I, ~ 1. II ~. :I. iL lil'i.. ~ ~ ~ i~. ~ii 1'~41,L ~ '. iil LI I, ~~. i lry,,i',I r. ~, I ~ ~, I. 9 ~,~ i i i ~. i „~I. ~ r fro-„ ~ ,iii i ~.~ ,~. .. ,. ~ ICI I~~ ~~~ ~~ I i i ~ . / i t ~/CrfwG~ ?tc/%1lr-~ d'.,"vz..6clC« Z.~~-it ~4~ //-.//- io .(-G / ..fir / /: ' ~', /St LC ? G,S/'is fG.. /: ,-..% .. /~ ! ~' -.`-:.____..__ y 3i,.. P~-'--.ce_-:>-:~t. Ilr_~P'_-. ..a 11 .. :..c.; :. ,~~.• /~~J', } ~"f[ L' /~ Sr..~~ Ac-n Le'n't- N~y~ / s, /C t 1. !s Sc 3'L /In SGCd,LA. !7 <7/a .1.,.r./ /r- /7~ tic ~tin,Kt~•. S~lr rr>1.. Se2eNr{..NZ7r~ La:r~A. II ~r~~19r` 7jj.t 7!a ~~i"tnbv' »>, ~ y.s~rRc'i~A 7l/~iC<r.Y.!~' // /7-~t~ ~' S' L: ~, .5~3' 3 ~cn .,dx2r..t ...L~~ ;~`~,ii~eL // /7 -Y>' k 4j1?c/q-~ 5 X32 rl,-u 1 ~ ~a,>` rti. // '/7 - ~ :VNiS ~,ysr,>G'url.~.a. SvJL- V,~ 5st'rn.4-. f~{t(@ L~!`z ~L. /! -(7 ~L" { QE_;71~1.-~~~i ~..~i .`> [7.'16 2C.:.- X2E.,•~-~-. 4CCi.c..7t`~ .-'~` !! - / 7 --YG' ~~,`/~17'>22T/ r!•~'/of:. /:.~/:....,,o(i!'Yi /llrn .,r..,,n . ,.. , > Gr, ~i ....rte/~~, e.Lr - .f.961 oPlc~cit~:na.,oC~[_.CiEY~+-u°o>m_: //- /7.pc~ /tizi>.,. ,x'37/ GR L.. [.c c. ti.~,2 L'c EL.c .,~iar><~ //'/7~la ~/'~•zq n~,~c~/IU.',~f Qa%`/ ~-,<f.Ca-//h.=, -{~'L1/f Lt.»,~ //~/7 7c ~~/Gr//(tv A'V+_.,re_/c. 3'itlC Y(OL•ncy U'/ !r/k<LL,Nrt. //-/7' `/L~ J.d~f.-f' ~/-/yp~'~)~' d -3~G r4//N cn-.~ ~({I3 Gcn,.f // -,'~ - 1 ~+ +a4'-"". c ~ y43ct /jGHO,vO .la[{If 1. o,•fy lI-!7'`7 Z~ "JJ~/~/at/' 37 / dry3~.fl,.:r:~'~t7. /~[i.~` 1 ~m,^ //_/9'7 ~fr /. ne )um :~..G uc/lc' .9<i.¢ fc•n', i r/~/ X40 m0. Jiro y-.njgv c/.Cr 9c%A r-enJd .rti~ //~/ 5~~' - /~ 4iS~y /Jd~t~,cd. sJ l/-18-x% ' /~i_ ~ aei' J1f~t~ G~C.i`%n.a,(~c'. ea~/'t ~.'.»~v //-/1~-YO rr.~sj ."Ze%~,Ge:L d%~G n Gn e.4/.nan .'>C ~'fr '. ii-/V •). o 'f: Yrnii:"_~ itz, r'".'~. r/, r ~~'i ~t ,~_r err, ( ~ y,< . c~9 e. Acr t,`thi:y p ~U~k~rK~ •n lb ~p l 6. 1~-Q; ~1wt °A_ LU pk~r,d ~l ~ l`( `i<~ ,~ _~~~~ ~~~~ ~~I~ ~~~ ~o~rt3 dt,~b ~~.~~ . „- ~ ~I~, ' ~llp'(iV.Y//v/~/Li(~~I ~ ')~'~ J r >.f t /f/`r /~ //"{. .:j(, Ibrb~/1"^C~~' ~(1+u~-~cCY•~','/'~ 6'rr%Jr /~'Ci/° Cc/;>~1 j~ -I`~ ~`1U QQV~~," "„_.,~`,1~I!"' ,X,(s~4 diRVS-F4. ~~i1~L(:e~l l~ (-~`b- lL~ /`~(A.r~f'cl f.N.~r-~-„ ~c'N/ (r',c-u G:~'x' , 1~7; ~n.<,_ {/- /.y ..~o `~ ' ' 'Original_I'oor Quality F'ET I T I Unl FOk A~MUND S7 kEET WIDTH AND EUIJES7R LAID TRHIL Uli Illf_ lll'lUf. b`~IfdJF'il. !!L' 'ni.', J'VJ ~FUI 1 ; I.I III IF.'.I. 1111 fP~l l61r;i1-i''.' rl;a',1 II; r-v'ILI r ~ I ~ ':L,uNC II. I u! ie'::r;'s .Ir al Ilal;l u I cl!':r~l it ~r!I I . 11, , I M1I;UI ddl r,E III IF: ~If ~IRFE~ In N!1'vE IHiJ :•1 I•'[{ I ri,; 11 IL'MI,I Illl tllil f • Ill linld(I ',Ilif L'I. Iff IP.II iCt' 1'II III rl I!I,>Id ro f: I I LI II'.I'I rtl LII n;II 111 .. r1'.I I III I',I 1.1'1.1 .I it ~ I .f. . ~ IIII ~, III I~I',I I I i, "I I': 11 it ~~ 1 i '. II I'. iI I. a i.i :, I:L IiI :. IIUI,I' i I I;L I. ~~'1 ~ III I iI:I !': .li,'l I ~~ II L~,4:. °~I'.I "J: I!Y LI;1'~n !flk FLIL I. LId JI'~III 1111 _ Nlll~f I IhILIf IL L. 'I IJl~ Id~F F' i'In I.1 IbP~ rill f bf'~ i .. .;Ili ~ ~I•I'11 ' lfl^. ~',I iI'lidlr III ~! ~lidl, III II L I ~ i I ,'II ~., I Ih,l l' li•' I'~ -III:1.~I ;t,{I1-1!c 'Iallr brl~,L:u6~rale, lay,„ I~n ~'.. .. ~~, ~. ,. ,,. ~~i(I is ! alb '~Ii116Ipi .N Iltr:i I111Fd.i {;', 1' k' l!'I.. 'f ~- k ' f +W)'lllJi+t fli l~•iI'>!~('I { ~ I r1 '~ ~ ~ , _ y / 1 ~ h ~ _~ . ~ ( _ 7 ` Cl ~ a. ~a..~...0 ~.3 _ `f. ` ~ C r 7 r ~ . ~ ~Gt7~GG . ~ ~ C // ~Z l G 1 eLCn. !/z r ( 8 1f'P6!/A t/~ :~i YJ!'~ ~ ~O ~' ' / /~2 / ~: i ~ tf _ , d. ~ ~/jj ___ ., .. f. 7 ! _ . b 1 ~l. /v f~~7... .. .. .. ~4ta-c vvt Y~r~u'^-~i . Y ^ 3.(.,.. ,~ i N .,; ~1 .5:0 c Q ~ ~ ~ , 1~ ~ /df l ~ ~ t' ! ' G/, ,t3l r r ~ 4 ..... •. IG~ J .J 'Y ~: .. r(~/!H ~ S_c.%rn?_~c1.1~.C`. gz~sOEAM~~~.is~~ _...... . 11-!`r-y'e dngina~ Poor Q~ ' PETITION FOR ALMOND STREET WiUTH RNO E9lJE9 ~F+.lAN TRAIL 'dE IIIL.UIp:~I.f~;U11iIdFJ.', LL'I~i~!.i'LL li lll_'1 ': 1'. ::', i:li il'iil:n'f1';IL 111 i'f1 L'l H6111 ':LIY '~I_Wpp;ll_ 116'nI; I"9 1'o- Ir+l'd'.i'1 I1111,.n11L 1114..,1, I" f~Gl ~tl,111 .'!_ 111.11+ 111 ..II+P `~, 111 ILII'! :.I:E ~,IU:L1 1 1I'~11 I1 q!I_. %Il~n.lll ,.. , . IL!i 1,: I 'L I':. .. ,:1!111-1: DI`l P ~1 '.'VI Y. ,' 11 "I 111 ~ 1: :'111', I: '.I 1 II ,d!u!.,.,,i11 U1111 .III 1.1 !"1 111..: :I "':I !'Ip; •111 '~IUgU . 4'~nd "~., ,_.,11111•! L:nL f III ,II,I f:"1 ':1 n ~',I1:1111 "111; 11',1'f. F4 !', 11~;~'JI L!L, 11r,%f "1 r' ,I!L- F!P i. LF~.IU~1!I ,.:. ..:. . ,1'ullfl.lhlnl l.., 61F ~1!:!~' I•h1~1!II`61111I;: 11'~ ci il. 1~1'If LI1:w;,l V'1':li f~l11! I:,I!1K ~t ~1! i'd1~: bl:'q 1^: !:11E'' I'I ILI II 1., :! ,p i'11: 1',1!1;,; III 1' 1,~~ I'i;hl ii .1:111 ..1 tl~ ~'Jnr Im 1hl_I IEJd I4, nl'Y11, !I!! 1 1! i ! ~i l1 I,I !i1~ Il! '1'11dL' I'I'I,II :. 'dylp'11'J lri 'I!II! 4111!1(:'11111 E.'11~: I, r..'fr c{/ircr-l j-o(3 ~'1/l vrf2r~c /fC;/,1 C~/4J/~ C!f `//I ~~//.~~~V ~~£`/AtiA~$Ti(~/~/.3,~!~1'.~/~1~1~V~ ii, i., cj/7G'/ I/-/8-`~C /.-;. It //, c~ J'atJ~'liJl`cC. L;5/'q. //'/If1'c+ .,~ ~iv,.+Gtc.5~4?T,~lea~.a>~~C./Y~~~i O:~w=Gt4/7J1 ~~-.?•7-%O ~~ i ~ :~ r a44~~.~~ckx~,'+c- knL;tomn Ckj~ `~1`1N .11 -ah`.-'Tu ~,,,a- .5.ro< V~/~ VP/r/P. . /qL i' <en+•t frl 6/ ~u ~ // Z~ ~ So ~av-~~..rF''$c~c. JVi. L~E20e1r°~r?~.c /7 `ili of Il. `.~<4 ~+ ro"l B40U ~8e1 ~LS~,...(~Lk1.L:rT'4 C71 7i 1:/d I I - ~S)- '10 447i?~r, Szys ~,<~GlLt j~lfe. !m2 ~/JO/, ~/ /~J~/~O .. . FOR ALMOND STREET WIUTH AND EQUESTRIAN TRAIL WL THf. IINUI.i R;;1 UNEI1. UU kF:!;I'CI:IF HL I.V IlL11(II_!II, Ilil II(JIJLII?AI tl. 1. PIAYU17 ANU CITY COUNCIL PIF:MUI?RG ili' RANCIIN CIICAPIUP7UA, 117 RF_COGNI"!.E ULJF7 DELI(7FG T(1 HAVE iHli 51171'1:i C(II II'IIINI. Y' b.IJI IWIJ AS AL MUND SfRIvE 1', kFFiA INf:U 41I'FH A L'IJRUFAI:E i17 CIIRBFAL;11 41I0'fH UI= '"p; FC-ET' 1N ACCURDANCE WT TH THE GENERAL PLAN UF" RANCHU CUCgIgUNGA, PAGE 25, SECTION .^~„ TAFiLE III-v ISTREEi CLASSIFICATIONS), LOCAL RESIllEN7IAL, L'UUE "q", 'iHE FULL LENGTH T1IEREUF, AUUITIONALLV, WE ARE REI7UESTTNG THE P17ESCNT E61UE5 (I?IAN TRAIL, LANDSCAPING AREA ANG UTIL ITI' CURRTULIRS [?E MAIN iA INEll AS PLIIiL IL""' RIGHT-UF-WAY EASEMENTS ALONG THE FUI_l LENGTH UP ALMUND ^a TREEF A,^-, SHUWId IN 1'HE AT'i ACHI?U FX IUII. SIGNFlTIJ I7E AUURF_SS ~C.C ~~. _ d_IvP _LF!k~/' -- =~"'~- Zvi :.~ D tT~a~~`~4 ~,,:, , /, -~---- n '!; ~-~ /,t Ll. e.[Gtr'~a~'_~['/C ~,';j_CL>7~37~~ ~_nr/ ----- -------- t . __ 4~ ,~. S_ _~_ 1 _ _ "7 _~~ . ~-'- d.1,1 _ _ ~ I ~ r / l ~--fu--_ _/ _ ~ [ /~(/ //'// -LC(r-ir' °~~"-/~c^+x_ _`L. 3_v_% ..rn.v~nr;` 'fir [k~.~s ~.,rq_ /l /i £?R~'s ~ lvv~ br s II naLVy_I~~ltc~ _`1'.lJFi_r)cl JE o~...;r•••.•nuYrc z,r.uv~:,..._~d /,I Q"'D. b~il~yC..rVL'_.GilC jla..c ~-~- -^'/ S.Y_.~l1:.Ul~_-l~~j(__(lV1Q.1~u,~' G~ Z ~ ~ti ~ o ~ n y z' A n n 1 l.~ A 'i r~ c~ z 0 -i m 0 C ti a. c 4 n N _~ ~~ 2 ~ ~ ~' O A l,. r.~ n ~.~ O =~ CITY OF RANCHO CUCAMONGA MEMORANDUM OATS: December b, 1990 TO: Mayor Pro Tem Alexander Cou~cilmembet Wright Counc ilmember Williams FROM: Debbie Adams, City Clerk SUBJECT: SYCAMORE VILL71 L61136/RBNTAL AORSS!¢Ml A9 requested at the City Council meeting of December 5, 1990, I have attached a copy of the Lease/Rental Agreement for Sycamore Villa Mobile Home Perk for your reference. /dia // .( cc: 01ane O'Neal `~ ~ ~. ~ ~~~~~ Jim l i itu'Km~n ~; ~ V `~ ~~ .:- ~~ , >~ ~~~. t SYCAMORE VILLA ' £r =,FG Bail. f_. pri i;. F'a''1 r. hrD Cuc au: [:rn^„• .. ,., ;'1 ~_',O LEASE/RENTAL AGREEMENT THIS LEASE WSLL. EE E'KEMPT rr.;aP'~ ANV nr.; r}.i Nr;!VC E'., RULE, RESULAI'ION OF ~~ ( INITIATIVE MEASURE ADOPTED F', .,~ ~ ! nr:~,! r;;CiVL F?JI.IFNT ENTITY WHICH ESTAPLI SHES H MAYfPIL!M AMOUNT !'I lf.l r. L,iI`!I?'~.URI+ M~~'/ CHARGE A RESIDENT FOR kEN7. `~ This gGRGEMENT is matle and er~t Bred into th;JS day of __-____ _________________ , 19___, ny and between S`/CAMORE VILLA, (beret naf ter the "owner°)rand tt;ose persons rherei naf ter the "resident")rusted pn the last page of this Lease/Rental Agreement (hereinafter the "agreement"). 1. HOMESITE Owner rents to re^t de.',t and reel der;t rents from owner space # (beret Wait er the "homes±t e") in SVCRMORE VILLA (hereinafter the "park"). ... DEFINITIO'JS 2.1 "G'_rests" ~ncl ude=_ a1I nr re;:i dent=_' agent s, emPl ovees, ~- persons sharing the homesi to pirrsr-!ant tr. Ci wl Cade Ser.ti on 798._'4 fb) guest=_. invitees, permittees or a ce.r.sr•'ss nr other persons in the par U. - - tv~~ hn,..e._,~ra at. +), ~~ ,.r ~+_„ .,_± -, tc,l er once of resident. 1n mat ing i. h:e del rrrr, ,I n: ~?inn 'that ~~- Fier=_or: is a "Gu=st", owner shall be reasonable and aP;:•]y the cr-i ter.ia and prescri betl standards t+y the Mobilehon:e F:r=e.r de•rr r-v l-aw and Her molly accepted 4y reasonable people in di sti ngui [:hi r, g, between a shprt-term Guest and a person who is renal arty residing ir: the hol's'..h,nld .+_ a mare pr less semi-permanent member pf t:he F'ou:>et,n]d.; pr' di stinnui chi r,g between a person who is a n:-rest wl'ro will be th:.r o. r. :; long-term t,esi s. _.~ "F'a.r l•. Far-.iliti es" +nedns tl-:nee areas and facilities of the park generally pper; tp rest dent=_ ar.d ths•ir gue=_ts. _._ "Homesi te" means the tea] property rented tp rest dent by ±he uwnernas designated as space #_____ ~.4 "Owner" means the ownc rs n~ i:he par l:, tncl udi ng the owners partners, directc~rs, r?preser;tag eves, officer s, empl oyeesr agents and parr. manager. _- ~.~ "F'ar-I:" means 8Y'CAMUF'C 'JILLA. [.b "fiotalehort,e Rest der,r_y L;+w" r~~eans those prnvi si nos pf the Cali.fcm nra Ci. X11 Cntle :Tra t~nn= yr". tr,r „~.iat, ~=r4, E. wh:, rn are Irnowr:, as the IHobileh urns Rea';dency ! ~:~. [,-i nOw-,,.,rs r=¢'{''r ovt,l ,~ ':re~i~p.r, :,,r r.i r.,w;,.,.r. ~: ,,.,,wners Cnn«.nt" or °Cprleer;t OF .hyr'i :.r •' Or' Othf?r' =.n n ; 1 ?~ 4 ~ :- _ _ od t r1 tl;". - 2A Y'eer0errt or in o'-h Er docrrmr..r~?= re{c>rrc.d to 1r.. t1,~:: -r.;rn~.mp.rrr, me•anc that the owners pri r,r wr-r {:fNn hp;, .?t rn'rs'~: ~:~v..+ !; ~: er-~ nl;,r ai Wed by resident. If owners prior wri tten'appr oval a= re;qurrsd, rc:ei dent shall submit a written r-eque=-t to owner which de'=rrl beG thr: ~cta on resident proposes tp take and requests owner tr': ni ,. r= pri nr- wri+t en approvals before resident co;nrt:enccrs arty sird~ ectlor'; rcyr'i rrr-,g owners approval. 2.0 These defini ti ens set forth in subparagraph 2.1 through ~.8 nr~e11 _ nl_ _nl ea •L.m iha} u.i nN. r__v }_c_+ rM1~f _ N,} _ _rI t_ ....... YY ) ..-.-'. ~.-. tarn ... ,,.: -. .... meaning is intended. ?. TERM ',1 Appl icab)e tern,; - -_ '. R. The tenanrv cr ea+=d unr9¢~r this agr ec~mc+nt shall be for a period pf 51_1 XTy (hit) month- and =hall cnrnrnrence r:rn ,__ __ _ _ __r 19___, and er,d en ________ _ __ , l.r+_. _-_. cml ess t.ermi Hated sooner in accordant. t' with the tr?r u.^ of rln~=~. dqr.=r,.~nerN:. 4. R~MT Arvo nTHER c4+AFa~r o.l F'esi dent shall pry 2 -~nt t.n cn.ne•r, w?thr•~-it deduction or o4fset fwi tF,nut waiving L'i vi] Code Sc:-til:.n i`rs~, f?n the first (1) day of each month R) the base rent (as i*. may be ad just. ecU as sRecified in paragraph 4.^ 6e)ow7 EU all utiljgy r,har-yes billed to resident by owner duel nn each rt,onth (PiOTE: ~.Iti lily rate- for utilities billed to resident by owner are set by the F'ublie Utili{i es Commission and other governmental agencies. Therefore, r.harges for these utilities may be increased at arty time in attordance with the rates established by these other parties and no advance noii ce of increases in these rates will be given to resident by owner): C) on residents 19 anni versar'y dot=, residents rent will he increased (not decreased) by the amount of any increase in owners eperat.ina expenses far the operati en, rt,ai ntenance or ownership n+ the garb. Te determine if any increase in operating expenses ha= nccurred , the operating e>penses fer the cal errdar year immedi atsly preredi ng each anniversary date will 6e compared with those of the ne~•± preceding calendar year. Rny r?peratino e•;ponse that is c2pitali: ed" for Federal inr.ome tax purposes will be amor±i:ad over si•r i:y (6U) months to determine the increase in operating e;;pen=_es. If peer-.ring expenses have increased, they will h~ divided by twelve ti^) mantes and the n!i.mber o{ occupied spare=_• in the park and then added tr. resl dsnts. rent antl multiplied by the GF'. I. Oiler at my epenses incl ~_rde, witho~~t limitation, ta>; es, licenses, insuranw, repairs :rd mai nt.enanr.e, salaries, debt swice and all other en5is and e::pen=es inr.!,rrod in operati r,g, maintaining or ewni ng the parbi G) recrea+irn,?1 veh?r.~es and e•a r-a storage charges (where appJ ir.2G5 e' as per- weer a'~... _ _ - '_-~-~s~„ per ...~^th far eacY, vehi rle sto'ed in the rerr errr?rm.~'~~ st!: a.oe a+r•a; E> ., fee qF t:wcnt:y-Sive dell-, is c¢~~.in:r) per mon t'r. fer each guest who has stayed mgre than a total of twenty ('bil ror~ssu_Iti ve rjay= gr a total of thirty t°.0) days in any cal endar yoar. ,ueest <ee rhal7 ccmmence the day after a guest has ?>:ceeded the qr ace time specified in the preceding sentence. This charge for guests =hall nqt, however, apply if the guest is a rt,ember ~ 04 re=_i dents ;mmedi 2te fermi l.y as deFir,ed by the Mebi lehome Residency Law er Sf the Quest comes under- the provisions of paragraph 17,1 Gel ow; (F) all rents payable hexer-ruder shall be paid by checb or money order. If the rent is not paid by the fifth (5th) of the month, a late charge of twenty-f:ve ri411 err=_ (225. UU) plus one dollar f2 L Ur?) par day up to the date rent is paid in full will 6e charged to cover owners cost fer addi ti enal accounting & collection e>pense; (f) 2 handling charge- pf twc~nt y~-flue d Nlars t225. OU) shall be charged for all cher 6s rpt urned t+y ±he Tank' for any reason. The accept=err= by owner of any l?te p?vm.:+nt sh211 not consti lute a Waiver gr bre,arh o+~ any term, nr y-.r r..n ~., r.r nr this ar)r t+yn,E•nt, or any ruler r eg:i]at.r nn„ rerm or pr r.vi ~1„r, ~n.a d.a~nerf ?,', .u~y dec urnnnt referred tq ;, ~. r, ., .. ~ ; in this nr yem..-rrt nr ai+r'ct .. n,~1 '~~. r •irnu;~r,d .?r ;nit ,rre,,rnderp (H) Other monthly Charg24 M : rcpp,_~1 r, ~, 4. Era=_'.e rent 1 hr= base rent shall ba dollars (i _ ) pe-r month and this 6ase• rent shall remain in effect for the- entire tern, r,f this agreement subject {o any adj'-istments made persu.ant to paragraph 4. T•. The base cer, t. after eery adjustment S, Shall become the base rent from wt-~i r.h any futl.u-e rr_+nt arljustrn~nt ~2: cerrrpr.,t ed. 4.^_. qd lustment=_' tr-. Rent ~_. r -i:{ 'i .... .. .. _. Ir'. c. .~ n+trlV YC(It• i for-th herei nabeve„ shall be •5r_rb'jec tct0 a r.pst of nlivi ng zdjustment'on nre~-e?~aite~r "p,n n?vrr sarv date") of each year _____________._______.___ y p The base rent shall increase by a perr.ent,;ge e.ual to the mrcent increase, if any, in the Con=_urn¢..r F•rr ce: Intle:: !C.F', 1.) for All Urban Consumers, Les Angeles-Anahe?m-Riverside; R71 Item= (1943:-84=1OU), as published 6y the U. 5. Gr•~p err tmer-,t of Lal:?or, Eau-eal.l e4 Labor Stati slicer during +:he twe.l ve month ps-ri rid ends ng with the month immediately prererli ng the mo~~th whi rh i=. five., cale=ndar mgntl',s prior t~ the month wh:cn rnclr.n ._ -~. ~-ti, - `-' is either' nq change :r, the C.P.. deo-sase to thr- 0. F'.I. or an increase of less than 6% c'~r Pr,p [', P.7-. the hose rent shall inn-ease by 6%. Sn the event t1,- ~, ~, rani i,P, I. :~~ di scent.inued or rev: sod, another governrc,ental ~~•i ,~d:~~ +'h,rn to r• i:; +:ence shall be col ect ed by owner and shall L<. ,,,s s•I to ur~t a, r, soL,st a-,t: ally th,e same r es'_ilts as :f the fqr egoir, g. i,acf nc, {: be•=n dt .c.entinr,ed qr revir=ed. 4.4 Ta'•es, Insurance and Ground F+e~nt A. Fesitlent shall pay directly to the assessing body or party when due all municipal, county, state and federal property ta>;es on residents mebilehome and other property owned by resident. This includes, without limitation, the payment o4 property tapes and personal property taxes on accessory egr.u pment and structures (incl udi nq, Gut not limited tn, awni rags, sLtrti rag, storage sheds) and other improvements made or install ed by resident, former residents or by person=_ other than owner. F, r.,~cept. as req'.~,irr'd n,.,•~~i r, +c. bF. ',;r ovi ded br ref mbar sod t'Y restder,tg li owner shall p?y .'':) t.?~.•as; rise=_'-rnents, and other rharnes R.-:llar+i yr-lv "ta.Ft", ,=..=.d _.- s=r.rf. im r5nd by any F , government,--•1 ~n,tenr.y upon cr ~w,+h .-. ~'+ ;•rhe ,; rt', its .nmmer. areas and all re;l a+.ed facilitis={ 2 :,•~,n.; r~ c--, rill pay .;Il ham ar-d, general liability and general busi nc ss ins'.,renr~= (ccllecti ,: elY "insurance") ~ relating to the park, its cgmmon areas and all rel at'ed faci litieS,, 3) owner shall pav all ground rent a.nd giber charge:; payable to the - _~~..± le4anr e4 the park under tLe~ nr c,~,nd lease and related docurt,ent=_ (collectively the "yrounn rent"~• S, INCCFF'CIFATED DOCUMEN75 5.] The {ollowi rag documents as they may he amended , modified, or otherwise changed from time tc i;ime, es perrc,it±ed by the terms of this agreement are incorpgr ated hr=rein, k'.y tl', i.s reference, ar.d resident a driowl edges receipt of a copy o~ tr,e fullowi rag don,ments listed Gel aw: q, Tr,e California Cis^,I Cod.; pr nvi si or's lnx~wr, as the "Mobilehnme Resi der,ry Law". pr, part: Rules- and F,<•n ~.'; ,,:ton ~. `'.2 In addi t:i on, tt,e use of thc^ cl,.,bhca'se, recreation, and other par4:. facilit: es are conditioned !'pun compliance with the Ftul es and Fegut ati qns pgsted in and arc•,.,nr1 s?rd facility. Said RL11 e5 and Feyul ati ons m,ay 6s, Nrr,er,dcd, mr,difiad a" rh.her wi sr- channsd from time to time, as permitted by 1:he terms u( i:his a'.ir r. e'^ent, anti :-aid Ful es and Regul eii ons are incorporated hkrsir' 4y this reference. b. HC11..Ii-O~ER;(SNA~ t1CV If the re~.i rler,ts tene,ne~ iL unrir~r ar, egr e,ortrent which is longer X than _ men C!',.-r,-a,onth tenancy ,n,l ,t rr.; <:i dent remains- in pnssessi nn of I the humeri tr: after a::pi rati nn r,i +r, c. +arn, of this egr cement and ha= 4 ,.~ net e;: ec„±ed a rt s,w o`.: ct.ipan.-y =r;''•,en,F,r,r wi+n ressp E~r.is to the hemesite. ~Jj``(` said pc<sse=_sr or, by resident sY,:,.l] hF rieemed a mc'nth-te-month tenancy at a rental rate equal to ooh h,.rndr-e'9 twenty percent U,20%) of the rental rate in effect at the date resr rent frrst held-over. Owner may terminate qr refuse to renew residents tenancy in accordance with the paragr eph in this agror-moot enti tl cad "THrrt,inati on of Tenancy by Owner". 7. TEF'MI NNIIC,nI EY FE.SII?F_NT h r:0,>=_, ir, .,a,y ^1~'='t +n xer',binat2 th'-e The resi der, t. or.cup y, rag the - Duch ef-f ect to owner if agreement on sixty (66) daYS wr':+te^n netr ce to one of the foil nwi rag ucc'.rr s: 7, 1 A] i per sera s. ort-!,py, nn +I ,• hnn,c•e-t t.. r.=rated to resident by this agreement ter-mi Hate their +:;.nan::y =s; 4,,; sa+d hor,esi to and remove their rnubilehnror from the C's''I'• L, 5,''r), t:ver,t, the hgmestte shall revert to ewne,-s cunt ro] and cwrrnr m=v I=~,~s,_ er rent tl-:e homesite to any party cm anY terms he chr,osey, 7.2 All persons occupyr n9 the hnm.:^=_itc rented to resident by this agreement terminate their' tenanr.y .__ to said homesite and sell their mobileheme to another party who has been approved 6y owner fer tenancy in the par'I: in accordance with the terms set ~f orth in paragraph I[`.1 of this agreement. In =_uch event, this agreement ma'y~ at owners option, be assigned or transF erred to the ether party in accordance with the terrtre of tF,is ante?meat. e. UTILITIES VOU ARE RF.SPONSIDLE cOR MAk.JN(+ SURE THAT VOLIR MODI LEHOME AND ALL 7HE APPLIANSF_S AND EOUI PMENT IN VOUR M{1b ILF_IdOME ARE COMPATIELE WITH THE ELECTRIC SERVICE NDW FIVAILP.RLF, PND WE SHALL HAVE NO LIAHIL ITY OR RESFONSIbII_ITV TD YOU 1F THE R'•?F; II_ABLF: EL-ECTRICAL SUPPLY IS ' INCOMPAT IDLE OR INSI_IFFICIENT, 8.1 Resi dsnt shall Vay for ,rrv ~:tili±y {urni shed to the premises, inclr_Iding, but net Tim; t~:~d ±n, q ;, et ectrie and telephone. E.2 Owr,er may seper ately G:.ll t res?~lent the followi na, which may inci ode, but nn! limited to, w~~t er, tre~sh a,nd sewage. E.3 Owner shall not be liable fer any loss or injury, and resident shall not be entitled to a.ny abatemen*_ or reduction ofl ant by reason of owners failure to 4urnl sh any df the foregoing utilities when failure is [dosed by accident, break ao=; ranai rc__ =tr: Le~~ p, other labor disputes or by arty other ca~_ise, =_i milar or di'~si milar, beyond the reasonable control of dwner-. (NOTES The provi si ens of the paragraph antitl ed "INDEMNIFICATION" a{ thi=_ agreement app4 y to this paragraph), F'esi dent shall not r. r?nnec-t~ e,<cept through existing electrical or natural dos e.-Itlets r_:r water oipes on the homesite? any apparatus nr device 4or the puroose of usi nn el ertric current, natural gac or water. ' R, AF'F'F'OVAL Dc FURCHAEER'. SUESEO4TENT RESIDENTS AND GUESTS 9,1 resident. may sell his mc,!:~iieho,ne at any time pursuant to the rights and obl igaf ion= o/ reei dent ar',d owner under the Mo6ilehome Residency Law and ether applicab?•-• J<+w _:. Any additional rights granted to resident or to owner due tr. amendments, deletions or modif.i cati ens of the Mobileheme REST dency Law and dl:her applicable laws may 6e en4orced by owner nr by resident. Fesi dens must, however, i mmadi?*.ety not i. fy th..= own=1• in ,.,. it-irg tfor'ms are available from the par b: managerta•nt) r,f residents intent t~-~ sr~•1] h,i r, mobileF,ome.C If the , prospect .i ve buyer of the Mabi]ehome intends 4or 4he Mobilehome to 'remain in the park, or 4or the huvcr +r. row; .+~ ;~ rr.., r -~• ____ _~~; ~; `r , .-_.'~must do the fellowi.ng be4 rare occ uloy?no {he homasi te: /-_/ ~L- A. Gn,pl ate an appl i,.:ati on for Tenancy, h. Ee accepted by the owner. C'. Execute an agreement _. other agreer,ents for the occupancy of the hemcsi te. D. E*ea,te and deliver tc: tr,e owner a copy of the par k..s ,then efrecti ve Fark Rl.il es and Regul a'tions and other resident. ~dacument=_, IF THE F'LIRCHASER FRJ{g TD EY,EC'UTE THE FARk~'S LEASE/RENTgL ~~IIA-GREEMENT, H.F. SHALL. HAVE NO R.i r,,H'I'>,i Of- f.'F.Bi DF_W:: y, The agreement, Rul es~ and Regul ati or,s and other residency rJno.imr~nts signed by the n8L*^ resident nay ha d14f5+rei}/; ]n 1:heir ierrn~: and pr ova si ons than this agreement, the R':.:I ee: and F=~r,~,]atr on;,, -,r,d n!her residency documents now in of 'ec.t. 9.2 Ee~r=ceG 4r,r ~:t= ~~h._ d~~. r,.,! -.: ~ ova. rat twenty i~i.ii censec,_iii ve days or ante ta] o* thirty t:n,)+de,ys in a r_al endar year or as otherwi 5e provi deU in ihi_ anreeme nt., fer r.dmpl eti or. of an apply r. ati cn for ten 9nc y, ,npprr?vai ,,, .. n: i, nppl?ca t.i nrr by owner and the e>:ecution of their residency dot ummnt s., shall also apply before any addi ti ona.l pc~son ., nt:her then the ,.+n ra listed do khe last page of this agreement, sF,ail he permitted to b=c ort,e a resident oa the park. or reside with resident nn s semi-pY~rmanent nr loop'-f arm basi s• in A13 extori er signs and J1 airs. '. nc]i,di nq but not ]invited to, "For Sale" "Far Lease", and "Garage Sal ~'~" sign: are prc'~hri>iTed. However, resident may place a si ar, in the w: ndow of the rt,ubilehort,e stating that the mobilehome is for' sale nr e>change. Such si gr, shall 6e nc larger than al lowahle by Mobilehgme Foci denr_y Law and sur.-h sign shall state only the name, address and tel ephnno numhar of the owner o4 the mobilehome or his/her agent. 11. USE OF MOH ILEHOME AND F'ARY: 11.1 The mobilehome and homesite shall be L,sed only for private resi denti a] purposes and nn business cvmmerci al activity of any nature shall be conducted thererm. This prnhi bi ti on applies to any commercial er bLisi Hess activity, inc1L•dr ne_, but not limited to, the fol lewi ng: A, Any activity 'eq:A>.ri nn, the ~=.s:.,ance of a business l icons= or permit by any en~ernn+sntzl mer~r:~• A. The ]ea=:n?, _~d, L-c=i nr_i, =air= or exchange of mobileh vmes, except _ may hr p~"c. ai der.. in par-:agr aphs entitled TEFMINATION UV F:E9IDENTaOR, FE.NT 7P;G,SLiF.;LETT 7N(; Oc: ASSIGNING herein. Sl. Fesi d~=nt shall no': ah anrion the homasi to at anytime dur-i ng the term c,{ tkr.s z,gr Bement, its. r-e~, r•~,y? -,-,r any hnl doer period. 11.3 At all ±i mes at least c!ne pf the persons listed on thr'.3 ast "` page of this agreement as resident must be the "legal" ar ^regi stored" owner of the mobilehome which ncttipi as the homesite. 11.4 Management re=_.erves thre right to limit th,e number of residents per space in nrdar to have egL,al access to all servi res e r,d/or not Lmduly ta;< tt,e facilities a~~aila6l e. Items management wil] consider include, but not bs limited to. avail?h1e servi cos or health end sat Pty. 12. FECFEATI nM FACiI-JTIEE plat) [[m1Mi IIa G'~+Otnlgc OF THE: F"ARF'. This agreeme:~t confers ,,,pon homesite ar,d reasrnable ..rr F_., recreational fari tti es, h-air: c prvvi ded for tha e'alusi vs a=_e r.+ gLle<ts. A!1 persrns using tha? areas of ±he park must &hi de !y such faciliti e=. rE?'•t,ir n'. TI', E? rr5~ht to use the tr, .,.. hor~rsi te. The LISe of anv rn~he,- ;n?rtipr,=: eF the Park are the rr•strlents ar,d their accompanied er.r E;ati~on:?1 f,ar_iliti es and common tl'.e F'ul!-s and Reoul at+ons governing 13. F'EMOVAI ON SAi-E Owner mav, in order Tn nnnr ada Tea nasal r+v of Tha nark. rani ro the removal of the mobil ehame from the homesite upon its sale to a third party, ir, ar-rordance witr, the J•r o~i si ens of the Mobilehome h'esi dency Law and other appl .i cable ]aws. Any such rights granted either party dua tv amendment s, dErl atron=. car mr:difi c=,tions c,f the Mobilehome residence Law and other appl ical:,le law mav he enforced by ei th,er party at their option. :4. ENTRV LJF'i.?N r:FSIDGIgTS NOME.S7 TE 14.1 The owner si,a 1.1 have r,nr,}, „< ..n+ry r,tx~n the homesite for mai eke-Hance of u~ti :f >. 1-~e'-, for roc: ;.rC.-•,.anc~: n' the homesite where the resi dent fails to mai nt ai ~~ +!„-, r., ~.mr•E I+c. i„ :.rrvrdanr.e with the Ful es and Regul atl one, and ~F Cr tha prnl~o-~ct'!L+n n~ Cho parl• at any reasonable time, but -~ ~ may not do s.~ -. m-, r,ne~' -r ~t a tiv,e which would . ^terf ors t-/:+h r~thc. ,._._ ;.an',.u :e" ,_ . mera. r cun:r ma'r sister a mobilehome wi t.haut the •pr lnr writ+¢.n•rvnsant n4`the ri=si dent in the case v~F :.n emergency or whe~'I the resr dent ha= abandoned the mobilehome. f 4.2 1n the avant a resident f.rils to maintain his or her homesite as prove ded in the Rules and Fcegul ati ens, the owner mayr upon giving written notice to the resident, perform the required maintenance and charge resident a raasgnahle fee for said maintenance. that owner will perform the mai nt=Hants if resident does not per4 orm such within fourteen (14) days of thr- notice, and ch.?rge the resident accordingly. Iv. INDEMNIFICATION 15.1 Nothing contained in the fnllnwinn paragraph, or elsewhere in this ayreement, the Rules antl Regi.~l etions nr other residency documents of the park, shall have the eFf ec{ n! an agreement by resident to release, indemnify and hold har mess th,e owner, park or any other person for the negligent or wcl]!ul acts cr omi ssi ens of the owner, the park or any other per=on or From a b•-each by the owner or the park or any other person of this agreert,ent or the breach of any other duty Awed by the owner, the park nr any other person to resident or to any other person. 15.2 Owner and par r•, shall no+ b=~ ]ran).. fr,,r any 1!?ss, damage or .i niury of any kind whatsoever f~o thr> p.-.r eon or property of any resident nr tc~ any of the ernpley~e=., gue=_+=, in~i tt~es, per mi ttees or licensees e! any resident, o• tm any nth e•' person whomsoever, caused by any use of the park er hrnnesite, rr,..issd by a def ecf in improvements erected thereon, er arising from any accident on the park or homesite, arising from any fire or ether casualty thereon, er arising from any cause whatsoever, unless resulti ny From rirn_imstances described in paragraph 16.1 above. As a ma±eri a] part of the consideration of this agreement, resident hereby waives all claims and demands against owner +-- and the park., and hereby agrees to indemniFy anU hold owner ant the park free and harmless from liabil i~ty For all claims and demands for any such loss, damage ar inj'ur y, Lrry ~•L h,-r wi ti, aii casts and expenses arising ther of rem or in connection th erew.i th, unless resulting from the circumstances described in par anraph lL.t above. 16. F'ENTI hIG. 4UL0..ETTING OR Aocl~:ni lrJr: 16.1 A re=-i dent who is li'.•i nu ~: one and uhn wishes to share his/her mobil otmme with one rll ; son may dc. so, and a 4ee shall not be imposed by owner for such add, t,i onal person. ouch person shall comply with and be bound by the Rules and (requlati one of the park. Such person shall reei st er with 1:he park'. ofFice and sign and agree to be bound by the parks Fules and Reyul ati or,s. 16.2 Resident shall have the ri r_.ht to assign this agreement provided that assignee is approved in wri tinn by owner, agrees to abide by the park Rules and Fi'eg,-Nations and ayrees to assume all of the residents obligations ur,d er this- agreement. Resident shall give owner written notice of residents intention to as snyn at least ten (30) days prior to the of Fective date of the assignment{ provided, further, that as a ronditi en o! such assi ynment, within said ten (10> .. ~yo, . e,eii I,.-,tee -J ,r riu~~i i!, nn!rease ~.n.: moncniy rencai coon payabl e~by resident by r,ot mgr _- then twel ~e per rant (12%) by giving written notice tf,eYeUf to resident, 16.3 Owner ,F,a11 r=quire tha± .all residents c.ompl ete an Occupancy Duestionnaire r, a periodic basis e. r, rl =_uch c<cuit e,.l questionnaire shall cc?ntain the Followr ng upon r: on+p]etr nn; A. The names of all uc r!v~, e.nts of the hornesit e; N. Nature of or-cupancy. (i. e. yuest, resident, sublessee, shared residency under California Civil Code Be•c t--ion 790. '4(b), family member)• C. Date n{ terms of „nr ~.~n„•n+; D. The legal and rey'i ef.. resi owner pf tf~e mob?3ehomei E. Name and ankh-ese'; n! ~~)l l;r~~r; F,ulrlers nF the mobilehomet P. Any salee ?cti ~•i t,~ ..doh rPS;i~.er1: to the mobilehome. tie - - r. ..n~ er., .,r, :~a. :gyn. seven (7)f~d:+ys~o~f trot eipt off-,•?mc. -._, , .-__. _..___._ ... ..._.. 17. COMPLIANCE WITH LAW AND RULE's AND F'GCiULATIDNS Resident agrees to abide try and conform with all applicable laws and ordinances, and terms and con diti one of this agreement; the Rules and Regulati one: all n_il es, regal atinns~ terms and provisions rules, regulations, terms and prov]si ons as n,ay, iron, time to time be amended, mgtlifi ed or otherwise changed by owner as permitted by the terms of this agreement. Vi of ati nn c,; ±he Rules and Feq_ul ati ons shall be deemetl a public nuisance. Resident f,-Irthrer agrees to per fnr;n <a[h and every term dnd condition of th:s agreement and to ahi de by all of the par H: kul es dnd kegul ati or,s. Each and every t,-r n, and conriitinr, of this agreement and ei the Rules .and F'egul ati ens is mot,-ri al anq 5ubsr ant ial. Resident agrees tha± a t•r each of this aq, i-P.~n,Fn r. -,r ref thc- F',-!1 es and Regul ati ens could net r'ea sgnahly or alley :a?t a.ly ,-or,pr~n s:a c- in damana+- in an action at law, antl owner shall be eni lt7 Pd to injur•cti vs. rsl ifrf incl udi n9, but not limited to, rest rai ni no r'eer !ient frgm cnnti nui r,o to breach any s~-ICh F'ul s• and Reg,.rl ati ons, terms rr rr,:~d,t ir.,rrs or to a71 ow a condi ti ort violative of a Rule or kegi~l a!'i nr„ +erm nr c!±n,ii tl en to exist or continue +n Pv]s*.. 18. MQD IFICAT ION fIF RESIDENCY p0"IIMENT::• Owner may, pursuant to the rights granted to .it by the Mobilehome Residency Law or any ett,er law now in effect or as amended rmodify, amend or other'wi se chaneP any provisions, rule or regulation contained in this agresmer,t, in the F•ul es an7 F?gut at ions nr in any dourments referred to herein. E;:cepi: 'P qr +-he term of ttr15 agreement and the amount of rent. to he charged, each p•-rrn s]nr, of this agreement shall 6e deemed to be a Rule dnd Regul ati e=, .?s wsll, and m?y 6= amended, ~ me•dified, or otf,erwi se changed :+nd enf arced as a F,.,1B and Regul~i~on under the MoL,ilehome Fesi denr.y Law. Io this agreement is far a term in excess u -„-. ,-~ to- r•.gntl: t.cr:.;r ~~: tr, ~,., +ho +erm of this agreement may net be changed` ar,d {hP rent: ±o .I-+ charged may only he Changed in accgrdance with the rent ad}ustment F.r-o'-i si nr, of this der Bement. 19. CHANQES iN. ^_.TANDARDS OP MAINTENANCE, 9ER'JI CF'S.. EQUIPMENT OR PHYSICAL IMPf,'CIVkMENTS The part,=_ standards or nrei nt Pnar,c ~=, tt,]s agrePrnent and the parks ether residency dcacuments cls•al inp wi to the standards q4 m,ai ntenanc-e of physical ]a,pr r~vemr-r,ts in rhe~ ?r 1:, +,~,g~;anRr wrth SGr yjCPS (incl utli ng e~til.]ti esl, equipment and phys~ica] rmprovem,an is with, .in the park, may 6e changed A-um time to time r._ pr c'r~i dad trv the McbileLomB Residency Law and other appl]ca.hle laws, AnY sclch rights granted to owner due tq any amendments, del et]ons Or' rt,odi ii cdti ons qi the Mat i.lehome Residency L.aw and ether applicable laws may he enforced 6y the owner. 2n. EMINENT DQMAIN ]f the entire park, or a pq~t ion tl-,er Br,4 so that in owners sole opinion the balance remaining is not suitable for a mebilehome park, is tdkeh Under 2ne power u~ ,ni,,.„L o;. ,.'., _ _ =nrd fn env authority htrvi ng the power orcemi.nent domain, ei ther'under thereat of condemnati or. nr while cnnden,nat ~, nr, pr eceedi nqs are pending, then this agreement shat] a!,tama±i rally termi na r.= as of the date the con iemni n9 autk,grity tal•r:'•e: pneses=ran. .~~ .,;d for any teking of all or any part n! tl-, e; hnmP~as t:- ind~ rrl,•: -wr ,i F:•mi Went domain shi.+11 he the ri h property ., t~, owe, .~ . w,~,:r l,• =~c,r 5warr,l shall he m„de a5 cc'rmpensai ion r., rll nq n,,~'t+on ,;, .,.1„~ .:.f il~e ;aaaceh(+ld qr for tali no_ of the ff~e. tJr~h hi nrJ roof ., i. nr. ¢I h,-.r ..~ ,. P~r.,aa wn-, ;-ball tla rteened t0 pr BCl ode reef d~=nt },^qm obt:?lr,l nrl. :,' L•9 gIVP Uwn~'r' any irlt Prf~St inr any award tc• resident far +he 1. r,s=, o, danrega to rosy dents mobilehome or other remgv~•b1e par'snnal pr raper{v, ~1. LIENS NJA CL R7M [i.i t'rohii•ii - -= F; mi~r n+- _. a!i nr'•t coffer Gr Gernit t0 he enforced agai nst VOwners title ,-q thB park, or any part thereofr any lien, claim or demand arising from any work of construction, repair, restoration or maintenance of the f;emFSi.te qr mobilehems. 21.2 Remove] of Liens by RF•si dent: Should any lien, domand or claim be filed, resident shall ca,-se it 'to ba immediately removes. In the event resident, in gogrl fai tJ+, dE•S].rpe. +-n contest Such lien, h ~. .nl ass from ~,ny an^ acl 1¢a6ility for damages resulting therefrom and agrees to and shell, in the event of a judgement of for eel esur-e en son rl lien, muse the same to be sati sfietl, di scharoed and removed prior to e,e.::u}o ~,n nF the j,.~duement. 21.3 F'emuval of Liens 1y flwr•e r'_ Eh ould resident fail to discharge any such lien er fr.,r nis;h bond apa;nst the foreclosure thereof, owner may, but shall not' t•e• cnligat ed to, discharge the same or take such other action as it dx:•r-•m,; r,er e=;carv to pr•,=:not a judgement of foreclosure nn said lien from hr;.i r,n e:o-~c ut scf a?ainst property, and all costs and expenses, nnclr.rdi nri, b„t nn± ]im~tsd to, reasonable attorneys fees ar,d court cyst=. inr.urr ed by owner in connection therewith, shall oe repaid by residerh rn owner' en written demand. 22. TERMItJATIDN OF TENANCY Hy O~iraEc; 2:.1 This agreement, at the sole r-~pti n,~ of tl-,e owner, may be declared fcrF eited and/ar the tenancy rn:+v 6e terminated and/or residents right to possession -r to renew residents tenancy, terminated in accordance with the pr:;~isi. nos of tho Mabilehome Residency Law and other appli r_able laws. Any sud, rights Granted to owner due t~ any amendments, deletions er modifications of the Mobil eh ome F•esidency Law and ether applicable laws may be enforced 6y owner. The issuance of a termination of tenancy nctice shall be an election to forfeit the tenancy withi r, the meaning of this agreement. w 22.2 If resi dent remains in pussession after his tenancy ha~een terminated, resident shall pay to owner an amount equal to the rental charges rePit'ient was payi ne to nwr, r..r at the timo roai dr-nfc ten,,r,~y was terminated. Acceptance of env money h; the owner pur want to this provi si en sh, It not be const =~,w. ;._ a rc.jn=tat ement of residents tenancy- .. AUTOMAT L F'ENEWAL DF LEACE 23.1 Unl =ss ~r esitlent i=_ notiii ed in writing at leant sixty (6U) ~, days in adva ?ce ef~ the end of the L-,i to a] }arm described in paragraph entitled TERM th=. term of tt,is lease will 6e automatically extended for an addit onal sixty (6U) months (an "Extension Term") on the same terms and cor diti ons except that we may increase the rent chargedr in addition to the rent increases descr' in paragraph entitled RENT 7 AND OTHER CHF RGES, by ten perwnt IU%) the commen_ement of the / Exton si.on Terrt. The automatic renewal of this lease will continue far two (2) suttessi ve sir;ty (60) men t_h extensi nn 4er ms until it. has been automatically -mewed for a total of ten r101 years. 2'.2 An E.;tensi on Term could he fur a =necified period less than si;ay (6Ui moi,ths if we so notify yoc~ rn writing at leae~t si >;ty (6D) Cays in advanrr, of the com,mencemant ns n,,,} F.•+~~~; m~ tom..-.. nr cr..-... ___., 6:;tensien Te,^m' 1, and we may incr-r~a s•;= rhp r-ant charged, in addition to the rent incrs asses deer.ribed in oar aUr a+ph entr tl ed RENT AND OTHER CHARGES, by ±sn percent 416%) a± the commencement r.~f tTe Shortened Extension Ter rt,. We will net havr d^v right to e>•t end this lease after a Shortened Ex *. an si on Term. 24. TFANSFER_O~' OWNERS INTERF.4r In the evs nt owner t.r ansFer c. it=_~ in*..•r est in then park, owner shall be automrti c,ally relieved r,A any ohlioati ons hereunder which occur after the date of such tr:, r,sf er, provided such obligations are assumed in writi ,g by the t.ransf er ee. 25. I NSUfiANCE Owner does not carry public liability or property damage insurance to compensate residents residents guest or any other person from any loss, camage or injury except those resin tiny from actions where owner would be legally liable for such loss, dama~~ nr injury. Resident is rasp ~nsi ble for obtai Winn at residents own w~ ~ extended coveraye far hom xownerr fire and other casualty insur a~ ~~ on the mobilehome, other improvements and cant ants to the fu) insurable ~ 5 _ _ _ .. agrees that resident will take oul and mei main during the term o- thi5 agreement, at residents sole rust and e+penee, public liability and property damage in-~-,ranee, in an amo~~nt acceptable to owner, to protect against any lia.bil ity +c t4c_ F•~d~lr c, whether to a person or propertYr incitl=rot to thu use - -.~.~7+in~,, from an accident occurring in or abc•u t. tha F•v ercn see nwr,q„upi~.: resid<nt wr+uld be legally reE+p On 511:1 e. 26. RE9FONSI PIL ITV OF TFIE F:'FRI' It is the respGnsibi lily •_+ thr.+ parr: to previtle arltl maintain the physical improvements in the common +ar-i liti rs of the park in good Working order and condition. Owner =_hall prr_wide all of the Dhysi cal improvements and services which r e new in e+:i stence in the park and provided to residents or which may be added at a l;=,ter date. These physical improvements include the non-e:rc]usive use of all of the common areas and common facilitie=. of ±he par t~ which includes, without limitation, all streets, nnn-rest rir..t ed parV'i ng areas, all recreational facilities and equipmrn±, pools, chtl{flet?oardr lawns, and all other facilities, eG~_,i pments ,nd renvw,?ences located in the common areas and common 4ar.il ices fr,,r t.+,e use of the resident. These services incl lyde the services pr-ovi deed by the owner and other persons empl Dyed 6y the park and the i~.t.rlit.i e~s spscified in this agreement. ' (NOTE: Fi.trniturc-, equipm6•n+ and r,the~- itr_nrs Of personal property t oc ated in the cortanon foci l?t.?ec. ~d„~..:, ;.-, -,r.c to rr=~si dent or residents clubs, asseciat:ions or' other ornaniaet?cn,s rr services previde•,i by spy?ns y p '~- rssi dents or s:_Irh nrnaniza+ti ens tiro r~~•± t`~F r ibilit of the ark to provide nr n'•ei nt ai nJ, 27. ZONT N6 If e. r.he,nye occurs rnncer nine t~:...: 'c •: •n,.ng permit under which the party operates c?r a lease in which owner .s a lessen, all residents may bE given wri±t En nVt1Ce Yiithl=~ t,hiv f,; _:~,1 day= c'{ stlCh Ch'rige. 29. NOTTCE°~ All notices required nr permitted r_, r,der this agreement must be in wriii ng and may be served upon owner or resi dint by any means then permitted by law. kesi dent understands that any notice of owner termi nati ne_ residents ±enar~cy m!;st be given to resi dor~t in writing in the manner described by Secti en 1162 of the California C:odo of Civil Procedure. The service of any otl-,er notice on resident, inr_l udi ng but not limited t. c•, a notice of rent ir,cr ease: a notice o4 amendments to the par-k~s rYUl es and Reoul ati nn=:/Rt andards for- Ma+nt enance o4 physical T mpr CNerl,ent=. in th~• F:p'rr/A•i!hri~~ns. nl tc-,"~tionS Gr Deletions of Services, Equipment or F'hysi ca] Improvements; notices relating to +~.-..r mat+r-r's in Articles 1 thrry-iqh ',, incl,-rsi ver and Arti Cle 7 of the Mobi lehnme Residency Law; or .e~1.~,~._ „-- -: ..c +he Nobilehome Residency Law, may b& rlu]'J and v:il idly _ ~s•d if the nr+i.i r.e i5 mailetl io rim resi dtant at has address in the, parr by first cl rs:; United States mail, postage prepaid. Pny sorb r~et i. :', ., c uf•nn res.r dent, in this mariner shall be deeace•d sec vnd 4r ~~. Si d(,'ys t.t±r',r ,'~.. marling. 24. WAIVER nF 6EFAllI`T !Jo delay or omi ssi en ir, tl,r- ev er ci~~c• of arty riliht or remedy of owner on any do Far.,lt by resi d¢:,nt sh:.11 irnl?;air any sr.,ch right or remedy or be construed as a waiver. Nu waiver by owner Of owners rigYrt to enforce any pro'~•i !;i on hereof alter :ny dt,r eult nn 'the part of resident shall be effective unless made ire writing and signed by owner nor shall it be deemed a waiver of ownc~ r-f ght t:? enf OYCe each and all of the Grovi=ie^~ herec,4 upon any +,-rrt'• or other default on the part of resident. the accrF•tanc;c ^+ r. , ~~ =~-"'.,:r shall not be, or become con=_truetl to be, a waiver o{ any i•~~ °ch-of arty germ nr pr uvi si one o+ this agreement or Any ri_Il r, reyul al Tory term or prevision contained in any document referred to in this ayr eem~nt, r~er shall it rei nstater continue or er.tend the term of t.h?.s agreement or affect any noti re, demand er suit herellnderv, This agreement end the documents referred to herein Constitute the entire agreement between resident and owner {o ertaining to the subject matter contained herein and supersede=_ all prior and contemporaneous agreements, representut~nns and understandinos of the parties, whether written or oral, 31. SU60RDINRTION AMD ATTOkNMENT 31.1 We reserve the right to place liens on, encumber, mortgage or convey by deetl of trust SVCAMORF. VILLA or any part thereof. If this occurs, this agreement and your leasehold interest will, at our n option, be subject thereto antl to any renewals, extensions or t replacements thereof. 31.2 Vou agree to, and shall when requested us, execute, adknowl edge and deliver to us, or the person designated by us, all documents required to subordinate your rights under this lease to any such lien, encumbrance, mortgage or deed of trust. 32. ALTERATION OF THIS AGREEMENT This agreement may be altered by ".he resident only try written agreement 5i good by both of the partiaa by ar aperation of law. This agreement may be altered Uy the park: by writ t.en agreement Signed 6y both of the parties, 6y operation of law nr an any manner provided far ..-- by the Mobileheme Residency Law or other applicable laws. - 33. ATTORNEY'S FEES AND COST'S In any acfi an arising out of residents tenancy, this agreement, or the provisions of the Mobil=hems kesidency Law, the prevailing party shall be entitled to reasena6le attorneys fees and costs. A party shall be'deemed a prevailing party if the judgement is rendered in his favor ar where the ]itigati on is di srt:i seed in his favor prior to or during thv trial, unless the parties of h~.erwise agree in the settlement or comprbmi se. 34. HEADINGS The titles of the paragraphs antl subparagraphs contained herein are inserted sal ely for conveni en re and under nc circumstances are they or any of thert~ to 6e treated nr cpr~strued as any part of this agreement. 3v. TSME OF ESSENrE Time i5 of the essence with respect to the pe•rfarmanee of every provision of this agreement in whi c.h ti+m:: ;_ = f°~t :"'. 'G. INVALIDI TV GF pROVISIOWG 35.1 Certain terms and pr o~i =_ions of this ag!'eement and other documents referred to in this agreement refer to. restate or summarize provisions of the Mebileheme F'esidency 6.aw and ath er applicable laws. In every instance it is intended that these ref er erces, restatements and summaries will accurately reflect the law and ccrrectly set forth residents and owners rights, liabilities, duties and obligations to one another and to other persons. The same is t^ue of all of the ether provisions of this agreement and the other documents used by the perk. If any of the proof si one of this agreement: or the other documents used by the park fail in any way to meet the above crl tarria, then it is unintentional antl all. such provisions shall be deemed to be automatically revi 5ed to corrortly ref? er_t the owners end residents rights, li aGiiities, dirties and obligations under the provisions of the Motrilehome Residency Law and all other applicable law. Resident agrees to promptly notify owner in writing of any instance where resident believes that any of the pr avi si nos of this :+oreement or the other docurt~ents used by the park fail to meet the above r~iteri a. ~, ~. , 35.2 If any term or pravisiori of this agreement or any document referretl to in this agreement er the application thereof to •ny person or circumaEances shall, to any extent, 6e invalid or unenforceable, the remainder of this wgrrement or the other documents or the application of such term or provision to parsons or circumstances other khan those as to which it is heltl invalid or unenforcaa63e, shall not he affected thereby, •nd each term and provision of thin agreement or thv other documents shall be invalid and be enforced to the fullest extent permittetl 6y law. 37. CHOICE pF LRW This agreement and all documents referred to in this agreement shall be construed and enforced in accordance with the laws of the State of California. 3B. RCKNOWLEDGEMENT 38.1 Resident (which includes each of the people whose names are listed below), acknowledges that they have read, understood and received copies of this agreement, together with a copy of the parks Rules and Regulations and all other residency documents referred to in this agreement, and a copy of the Mobilehome Residency Lew, antl further, that they have reed and understood each of these documents and the other rules antl regulations posted in and about the park. Resident understands that by executing this agreement they will be bound by the terms and eondit ions thereof. 38.2 Resident (which includes each of the people whose names are listed below) further acknowledges that they have carefully inspected the space and all of SVCgMORE VILLR services and facilities wnd. have found them to ba safe and as represented by us to them, either orally or in writing. If they ane'not exactly as represented, you agree to acct pt them as is. 38.3 I <we1 hereby acknowledge that we have been offered • slaty (601 month lease and have vol ur~t arily chosen to enter into this lease. The undersigned has seventy-two (72> hour right of recession from date lease is signed. DgTE MANAGER/gGENT DRTE RESIDENT .,. ~ ~ ~ RESIDENT STRTEMENT OF ADDITIONAL INFOgMgTIDN The follawir,g information regarding the ma bileheme and vehicle(s) which will occupy the premises is as follows: (1) Legal Owners Name:______,_________ gddresse__ Telephone N: 6uainess:,___,__.___,____,___,______Horne: f21 Registered Owners Narne:_________________________ gddr`es=• Telephone M: 6usiness:______ __________Horno: (3> Make of Mobilehome:___ (4> Model of Mobilehome:__ (3> Vear of Manufacturer_,___________ .License ar Dsca1 M:____________ i `^`. iE T', f6) Vehicle Lieense Nis: t7> qut omobile Insurance Ca.: :`i..., ~"