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1989/10/18 - Agenda Packet
CITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3cd Wednesdays - 7:30 p.m. S October 18, 1989 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga •• City Councilmemben Dennis L. Stout, ara,n. Pamela 1. Wright, ce.aogmrmer. Deborah N. Brown, nreyo. n,.nm Charles J. Buquet, cosenrm.mer. - '~Vllham J. Alexander, cnunaumemlxr w•• Jack Lam, Cqv Arunns.. James L. Markman, clrv aro.~o~ Debra J. Adams, orv co-.k II bty Office. 989-1831 Vona Park: 980-3143 city council Agendn October 18, 1989 PAGE All itNa subaitted for the Citq Cameil Agenda east DO io writing. The deadline for avbaitting Cbeae itaas is 5:00 p.a. oa the Wsdneadaq prior to the nesting. The Citp Clerk's Office receives all such itaas. A. CALL TO ORDBA 1. Pledge of Al leginnce to Plag. 2. Roll Call: Buquat _, Alexander _, Stout _, I, I Brown _, and Wriqht _. 0. ANBODAC~ITB/PABSpgPATIOWB 1. Presentation of 30-Year Pin to Deve Leonard. !, 2. Presentation of Proclaaation Obeerving Aed Ribbon Neek, October 22 - 28, 1989. 3. Pieaent anon to CASA (Cit izene Against 9ubetnnCe Abuse) i Network. 4. Recognition o£ Local SEforte to Combat Substance Abuaa. '', n NWMMTI`aTTnea IRnY T06 POBI.IC 1Tis is the tine and place for the general public to addraa• the City Comcil. State laW prohiDita the Citq Council fcoa addreasiag aaq issue not previously included oa the Agenda. TAe city Council uq receive batiaavy sad set the aatUr for ~, a subsequent aaetivg. Coaauatt are to M liaised to five aiautaa per Sndividual. ~~ r D. COMBRPT CALBNDAA The follaeiag Conant Gleadar ilsas are eapectM to be routine and non-controversial. Theq will W acted upon Dq !Oa ~ Council at ose tare without diaewsioa. Aaq its uq W i reaovad bq a Counei10e0hee oe amber of the audience for i diaeuatioa. 1. Approval of Warrants, Register Noe. 10/4/89 and 10/11/89, 1 and Payroll ending 9/28/09 for the total eaaunt of $2,616,730.20. ~7' t City Council Agenda October 18, 1989 PAGE 2. Approval of David M. Griffith and Associates, Ltd. to jp Conduct a Veer Pee end Coet Allocation Study (TO Be Funded from Account 01-4285-6028). 3. Approval of Comp Plue to Conduct a Classification and 12 Compensation SCUdy (To Be Funded from Account 01-41^.4- 6028). v. Approval of the Co®unity Development Block Grant Housing 14 I Resistance Plan - Staff le recommending approval for the 1989-90 Housing Aeeietance Plan which is the second annual increment of the three-year plan required o£ participants In the Community Development Block Grant program of the DeparCment of Housing and Vrban Development. RBSOLUTION NO. 89-476 28 A RESOLUTION qF THR CITY COUNCIL OP TH6 CITY OP RANIXO CUCAMONGA, CALIFORNIA, ADOPTZNG THR SRCOND YRAR INCRBlBNT OP THH HOUSING ASSISTANCE PLAN POR TAB 1989-90 COMMUNITY OBVELOPMtipT BLOCA GRANT PROGN]fM 5. Approval to authorize the are ignmant of an Adult Crossing Q9 I Guard at the intersection of Torre Vi eta Parkway and Greenwich Plnce for coyote canyon Elementary School. e. Approval to amend a Re9olution of Swmery Vacation of a 31 portion of a CCU ity and Drainage Basement, located west of Archibald Avenue and north of Base Line Road - V-088, to include utility vacet ion. RESOLUTION NO. 88-716A 32 A RESOLUTION OP THS CITY COUNCIL OP THR CITY - OF AARCHO CUCAMONGA, CALIFORNIA, ANRNDING R890LVT2ON NO. 88-716 SUMMARILY ORDRAINO THN VACATION OF A PORTION OP A UTILITY AND DMINAGE EASBMBNT AFFECTING PAACSL 1 OP PARCEL MAP NO. 5792 7. Approval to execute conttdrt (CO 89-168) fs tlo Stiwanda ~ ,jy ~ ~ Cobblestone Curb Improvement Project located on the west Bide of Etiwande Avernus, north of Victoria Street (Altarnete BI nwatded io Ray DietrLCC PaVing, Incorporated, for the amount of 530,516.00 (527,742.30 plus SOi contingency) to be funded from Beautlficstlon Prods, Account No. 21-d 647-8822 (PY BB/89 and 89/90) Awarded September 20, 1989. /'( ~-~"~ r}; . }~, 4tf City Council Agendn October 15, 1959 PAGE 8. Approval to execute contract (m 89-169) for the Hidden 36 Farm Pond Culvert Improvement Project located ease of Carnelian on Hidden Farm Road aaerded to Sim L. HubDe Construction for the amount of 579,077.00 ($71,888.00 plus 101 contingency) to 6e funded with Drainage - General City Account No. 23-4637-8765 (PY Btl/59 and 89/9D) Awarded October 4, 1989. 9. Approval and execution of the 1989/90 city Wide Tree 3/ Trimming Maintenance Agreement (CO 89-170) to Vnited Pacific Corporation of Santa Pe Springs, California, for the amount of $130,000.00 to be Yunded by General Pund, Account No. 01-4647-6028 (FY 89/90). 10. Approval of Release of Agreement for Postponement of Q6 CCSR's (CO 89-171) for Tract 13441, located on the northeast corner of Victoria Perk Lane and Ranyon Way. RESOLUTION NO. 89-477 48 A RESOLUTION OP TN8 CITY COUNCIL OF THE CITY OF RANCHO COCANONGA, CALIPORNIAr RELEASING AN AGR88MENT POA POSTPOREI46NT OP APPROVAL OP CC6R'S POR TRACT 13441 il. Approval of Release of Agreement for Postponement of 49 CC6R'9 (CO 59-172) Pot Ttact 13442, located on the ___f..--- _____.. _. .., _....,. .._.. .. -.....~. ~. .~.....,. ~~ ...~...,....e o......e~.z.... Bor. RBSOLUTION NO. 89-478 51 A RESOLUTION OF THE CITY COUNCIL OP TN& CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGR&EMENT FOR POSTPONBMBNT OP APPROVAL OF CC6R'S TOR TRACT 13492 12. Approval ~ release Real Property improvement Coniraci 52 and Lien Agreement (CO 89-173) (96-355440) releasing Aeeeaear'e Parcel No. 203-251-15 located at 6249 Archibald Avenue, eubmlited Dy Robert E. Reolle Sr. anu Hary Lee Reolle. ~ PESOLUTION NO. 59-479 i $3 A RESOLUTION OP THR CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGAr CALIFORNIA, RELEASING A RBAL YAOPBRTY IMPROVBMENT CONTRACT AND LIEN AGREBMBNT WITH ROBERT B. AEOLLE SR. AND NARY LEB REOLLB r 7 ~. City Council Agenda October 18, 1989 PAGE 13. Approval Of Improvement Agreement, Improvement Security y¢ and Monuaentation cash depoe it for Tract 10246, located at the eouthweat cornet of Haven Avenue and Hillside Road, submitted by J.C.R. Development Company Partnership, and release of previously submitted Improvement Agreement Security and Nonumentation deposit accepted by City Council on August 17, 3988, from Jung Hwang b SOne Reel Estate Partnership. 57 ABSOLUTION NO. 89-680 A RESOLUTION OP THS CITY COGNCIL OP TH6 CITY OP RANCHO CUCAMONGA, CALI PORNIA, APPROVING IMPROVH!ffiMT ACRBSMBNT AND IMPROVBI(BNT 38CURITY POA TRACT 10246 AND AHLEl1SING T[Hi IMPROVBIBNT AGRBBMBNT AHD SECURITY PRHVIOUSLY ACCEPTED BY CITY COUNCIL ON AUGUST 17, 1988 14. Approval of Improvement Agreement, Improvement Security 58 and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Noe. 1 and 6, for DR 87-34, located on the west Bide of Archibald Avenue, south of Baee Line Road, submitted 6y ARCM, Ltd., A California Limited Partnership. RESOLUTION NO. 89-462 59 OP RANCHO CUCAMONGA,• CALIFORNIA, -APPROVING IMPROVEMENT ACR86MBNT AND IlfPROVSMBRT SECURITY FOR DEVBLOPMSNT REVIBN NO. DR 87-34 RESOLUTION NO. 89-463 60 A RESOLUTION OP THH CITY COUNCIL OP THS CITY OF RANCHO CUCAlbNGA, CALIFORNIA, ORDERING TN6 ANN6~j1,TION OP CERTAIN TBARITORY TO LANDSCAPE tMIMTENANC6 DISTRICT NO. 3 AND STREBT LIGHTING MAINTENANCE DISTRICT MOS. 1 AND 6 POR DA 87- 34 15. Approval of Hap, Improvement Agreement, Improvement 63 ~ Security and Orderirq the An..^.exaticn t0 Lardacapo ~ Maintenance District No. 1 and Street Lighting Maintenance District Noe. 1 and 2 for Trect 13810, located on the north Bide of Hillside Rond, 330 feet west of Nellmen Avenue, submitted by Vic Patel. ~. ~r1 City council Agenda October 18, 1989 PAGE ABSOLUTION NO. 89-401 6Q A R830LPfION OP TBS CITY COUNCIL OP TAB CITY OP AANCAO CUCANONGA, CAI.IPORNIA, APPROVING INPROVSNENT AGRBBMHNT, IMPAOVBMBNT SECURITY, AND FINAL MAP OP TRACT NO. 13810 RSSOLDmzoR No. es-452 65 A RBSOLUTIOR OB T88 CITY COUNCIL OP THS CITY OF IiARCNO CVCAMONGA, CALIFORNIA, OADBAING THS ANNBRATION OP CERTAIN TEPAITOAY TO LAND5CAPB NAINTHNANCS DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 POR TRACT 13810 16. Approval of Improvement Agreement BxteneiOn fo[ Tract 68 10349 located on the went aide of Sapphire Street at Thoroughbred Street, submitted by Halton Aeaociatee. RESOLOTION NO. 89-483 ~~ A RESOLUTION OP TNB CITY COUNCIL OP TAE CITY CF RANCAO COCAMONGAr CALIPORNIAr APPROVING IMPAOVBMBNT AGASBNBNT B%TENSION AND INPROVHtlBNT SSCORITY POA TRACT 30349 71 •~. nylrwvni v iwP•w awvuL nY•wnmul nal.buY wu • uae• ~- 12659-1 located on the southwest corner of St iwanda Avenue and 24th Street, submitted by Walton Aeaociatee. ABSOLUTION NO. 89-484 ~3 A RESOLUTION OP TEDS CITY COUNCIL OP TAS CITY OF RANCHO COCAMONGA, CALIFORNIA, APPROVING INPROVBlgNT AGREBlDiNT EXTENSION AND _ IMPA,Q~lSNT 38CURITY FOR TMCT 12659-1 18. Approval of Improvement Agreement Extension for Cup 85- )Q 19 located on the southwest corner of Foothill Boulevard and Ramona Avenue, submitted by Ken Rudy Company. ~ ~ R.v.SCLUTICN aC. 39-435 ~ i7 A RESOLUTION OP THH CITY COUNCIL OF TNS CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVBlONT AGReEMENT EXTBNSION AND IMPAOVEHBHT 88CUAITY !OR CUP 85-19 '~Ii~ Clty Council Agenda October 18, 1989 PAGE 19. Approval to accept Improvemenie, Releaee of Bonde and Notice of Completion tor: m~ar~ :?e2; 1 pied th a uth id f Pi ch Avenue Jg between eermoea Avenue and Rinloek Avenue Releaee: Faithful Performance Fond (Street) $ 15,000.00 Accept: Nalntenance Guarantee Bond (Htreetl $ 3,500.00 79 RESOLUTION N0. 89-686 A RBSOLVTION OP TNB CITY COUNCIL OF THE CITY OF AANCHO CUCAMONCA, CALIFORNIA, ACCHPT ING TNB PUBLIC IMPROVHNBNTS POR TRACT 13825 AND AUTHORIZING THE PILING OP A NOTICE OF COMPLETION YOA THH NORM Tra t 13557 local d n the nt ide of Si ra Greet view gp Lo at Mt Sh rmnn Co rt +tad Mt N erl Court Releaee: Pelt hful Performance Bond (Street) $100,500.00 Accept: ....~...c......c .. .........:.~.: ..0.._ (Ctrs ~i __~__~.__ 81 RESOLUTION NO. 89-d87 A ABSOLUTION OP THE CITY COUNCIL OP THB CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCHPTINO THS PUBLIC INPAOVBf9tNTS FOR TRACT 13557 ANO AUTHORIZING THE FILING OP A NOTICE OF COMPLETION FOR THE WORK Tract 13342 1 tad the eat 'd f N rmoee A taut $Q bet een 19th Stre t d Pin h A en e Releaee: Fa It hful Performance Bond (Street) $676,OOD.OD ~ Fsithful Performance 0ond ;Private ~ 8ireei) $176,000.00 Accept: Maintenance OuarenT.ae Bond (Street) $ 67,600.00 Maintenance Guarantee Bond (Private Street) $ 17,6W.00 r~ { City Council Agenda October 36, 1989 PAGE RESOLUTION NO. 89-488 $3 A R850LOTION OP THH CITY COIRiCIL OP THE CITY OF RANCFIO CDCAMONGA, CALIFORNIA, ACCEPTING TRS PUBLIC IMPROVEMENTS 80R TMCT 13362 ANO AOTBORISING T11E PILING OP A NOTICE OP COMPLETION POR TF18 NORR TI Ct 13542-2 loC tad the east ida f Canisi 1 A e u $4 betwee N e ve d a a St t Release: Faithful Performance Bond (Street) $308,000.00 Faithful Performanae Bond (Storm Drain? $131,000.00 Accept; Maintenance Guarantee Bond (Street) $ 30,800.00 Naintenence Guarantee Hood (Storm Drain) $ 73,300.00 RESOLUTION NO. 89-989 $$ A RESOLUTION OP THE CITY COUNCIL OP TAB CITY OF RANCHO CUCAMONGA, CALIPOAEIA, ACCEPTING TAE PUBLIC IMPROVEMENTS POR TAACT 13542-2 AND ~, AUT7R)AISINO THE FILING OP A NOTICE OP ~ COMPLETION POR TBE NOItIC mra rte ttana-~• nanc_+. + OD Q th mo+th eld f Vi Lo ia Sti t betwee tla Ayenu9 ' and Deer Creek Channel ' Tract 11606-2 Release: Faithful Perfaimenc0 Bond (Street) $276,000.00 Accept: Maintene7~Ce Guarantee Bond (Street) $ 27,600.00 ' Tract 11606-4 Release: ~ i ~ i Faithf ui Performances grand ;Street) $i9C,,T.O.W ~ Accept: Malntenene0 Guarantee Bond (Street) $ 39,000.00 ("?C' ~ ~n' n City Council Agenda October 18, 1989 pace Tract 11606-1 8 -3 Storm Drain Release: Faithful Performance Bond $?ZO,000.00 Accept: Nalntenance Guerentee Aond 5 22,000,00 RBSOLUTION NO. 89-490 $~ A RBSOLOTION OP TNB CITY COONCIL OP TNB CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCBPTING TAB PUBLIC INPROVEMSNTS POR TRACT NOS. 11606-2: 11606-4j 11606-1 AND -3 STORK DRAIN AND AUTHORIZING THE PILING OP A NOTICE OF CONPLBTION FOR THE NORR B. CONSmIT OADIIU1MC68 The following Ordisaacaa havr had public huringa at the Lisa of first raadisg. second readings era aapactad to b• routine end nan-controvaraial. Thar will W aotad npos br tba Council at one Lisa without diaeusaioa. Tba Cite Clark will rand the title. Anr itas, can M raaovd for diawsaion. No Items Submitted. R. ADF8RTI8BD PUBLIC BEARINOB TAS following itaa have bean advertised sad/or ported as public has rings a required b7 law. The chair will open !ha eeatiag tc rewire public tastiaonp. 1. BNVSAONNBNTAL ASBBSSMBNT A_NO DBVBLOPiffiNT DISTRICTS $$ AMBND!ffiNT 89-02 - 8.:. wON HOMBB. INCORFOaaman _ A request to pre-zone approximetsly 25 acres loostad on the northeeet corner of Righlnnd end Rochester Avenues to Low Density Residential (2-0 dwelling unite per acre) - APN 225-152-01, 02, 03, 04 end 18. (contiouad trw eeptaaber 20, 1989) City Council Agenda October 18, 1989 PAGE ORDINANCE NO. 400 (first reading) 101 AN ORDINANCE OP TNH CITY COUNCIL OF TK6 CITY OF RANCHO CVCAMONGA, CALIFORNIA, APPROVING DSVSLOPMBNT DISTRICT AMENDMENT 89-02, PRE- ZONING APPROXIMATELY 25 ACN85 OF VACANT LAND TD LOW DENSITY R89IOHNTIAL (2-4 DNELLING OMITS PHR ACRE) LOCATED AT TH8 NORTiDSAST COAHEA OF HIGHLAND AND ROCHESTER AVENUES AND HARING FINDINGS IN SUPPORT THHASOF - APN 225-152-01, 02, 03, 06, AND 18 2. ENVIRONMENTAL ASSESSMENT AND OHVHLOPMBNT AGREEMENT 89-03 $8 - BLACASON HOMHS. INCORPORATHD - A request t0 approve a ~~ development agreement (CO 89-149) for approximately 25 acres coneietin9 of 78 realdential lots located at the northeast corner of Rlghland and Rochester Avenues - APN 225-152-01, p2, 03, 06 end 13. (COniiaued from Ssptrber 20, 1989) ORDINANCE No. 401 (first reading) 103 AN ORDINANCE OP TItE CITY COUNCZL OF THH CITY OP RANCHO CUCAMONOA, CALIFORNIA, APPROVING DEVELOPMENT ACAHSNHNT 89-03 YOR APPROXIMATELY 25 ACABS OP VACANT LAND LGCATHD AT THB NORTHEAST CORNEA OP HIONLANO AND AOCHB5TEA ...-....., .~,.+:ano ranuaM}S IN SUPPORT , THEREOF - APN 225-152-O1, 02, 03, 04, AND 18 3. ENVIRONMHNTA, ASS653M..NT A ANNEX TION AC BBK NT 89 03 8$ eLACIUfON HOM69. INCORPORATED - A request to npprove an annexation agreement (CO 39-150) for development end annexation of approxLately 25 acres located on the northeast corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 06 and 18. (COntinuad troy eaptulbar - 20, 1989) R830LUTION NO. 89-375 158 A R63OLUT ION OP TH6 CITY COUNCIL OF THB CITY OF RANCHO CUCAMONCA, CALIPOANIA, APPROVING ~ i i ENYIP.ON!LNTAI. ASEEGSHENT AH6 ANNBXATION AGREEMENT 89-03 (HOMESTEAD LAND DEVELOPMENT), FOR 06VBLOPMENT AND ANNBXATION OP ~~ APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THB NORTHEABT CORNER oP HIGHLAND AND ROCHESTER AVENU68 AND MARINO BINDINGS IN BVPPORT TNBREO! - APN 225-152-01, 02, 03, 04, AND 18 l'/( '1 C~~ PAGE City Council Agenda October 18, 1989 30 4. CONSIDERATION TO ANSND MAP TIV\CT NO 10210 LOCATED ON 165 THE NORTH SIDE OF ALlIORD STABST NRST OB SAPPAIRB STREET - Consideration of approval of Amending Map within a seismic special studies zone, to adjust lot lines to acconmodate special setbacks requirements pursuant to final geological etUdy, submitted by Nordic Development Company. (COatiauad frw 8epteebei 20, 1989) RESOLUTION NO. 89-491 166 A RESOLUTION OF THB CITY COUNCIL OF THB CITY OP RANCHO COCAMONGA, CAI.IPORNIA, APPROVING IMPROVElBNT AGREEHBNT, IMPROVBMENT SECURITY AND AMENDING MAP TRACT NO. 10210, LOCATED ON THS NORTH SIDE OP ALMOND STREET, NBST OP SAPPHIRE STREET IN TNB HILLSIDE RESIDENTIAL AREA 5, ft_ a NC 550 ?Rd 00 PROM UNEXPBNORD PRIOR YEAR 167 COMNVNITY DEVELOPMENT BLOCK GRANT PUN05 TO THB AVENIDA VEJAR STREET IMPROVEMENTS PROJECT RESOLUTION NO. 89-492 169 A AESOLUTZON OP THE CITY CC UNCIL OF THR CITY OP RANCHO CUCAHONGA, CALIP(`iW IA, REPROGRAMMING $50,754.00 PAON 11NBXiENDED YAIOR YBAR GpMHONITY DEVELOPMENT BLOCA GRANT FUNDS TO TFffi AVENIDA VEJAR STREET IMPROVElfENT9 PROJECT O. PUBLIC BEARINGS The following itgs hava ao legal publication or gosling requirgents. The Chair will open the euetiag !o receive public tsatieonY. 1. CONSIDERATibN TO AMEND CHAPTER 2.25 OP T,~ IUNCHO 170 CUCAHONGA MUNICIPAL CODS DISSOLVING THE ADVISORY COlEAI SSION AND CREATING IN ZTS PLACE A CITIESNS ENVIRONMENTAL MANA06M6NT COMMISSION i ORDINA.CE NO. 30?-A 4fir94 readings 171 i AN ORDINANCE OP THE CITY COUNCIL OP TNB CITY OP RANCHO CUCAMONGA, CALIPORN IA, AMSNOING CIHIPTER 2.28 OF THE RANCHO CUCAMONOA MUNICIPAL CODE DISSOLVING THE ADVISORY ODMNISSION AND CREATING IN ITS PLACE A CITIEENS BNVIRONMENTAL MANAOBMENT COMMISSZON ~~n V PAGE City Council Agenda October 18, 1989 11 2. CONSIDERATION OP AN URGBNCY ORDINANCE ANHNDING SECTION 173 15 OS 130 AND ADDING SHGTION 15 OB 335 TO TH6 RANCHO N N PECTIONS AND RBPEATHD INSpHCTIONS ORDINANCE NO. 603 (URGENCY) AN ORDINANCE OP TFd CITY COUNCIL OF TRH CITY OP RANCNO CUCAMONGA, CALIFORNIAr AHHNDING SHCTION 15.OS. 130 OF THB RANCHO CUCAMONGA MUNICIPAL CODS AND ADDING SHCTION 15.08.135 TO THH RANCHO CVCANONGA MUNICIPAL CODE YBRTAIN ING TO AS INSPHCTIONS 71ND ABPBATBO INSPHCTIONS AND DECLARING THS URGBNCY THHRHOF R. CITp ISINAGER'6 STAB REPoRTS The following itsa do not lagallp saqulra nap public teatiaonp, although tha Chair up opaa Lha uatiag for public input. 174 1. cawsiosrsn o FROM L.ANDSCAPB NAINTHNANCH DISTRICT NO 1 IN THH AMOUNT oP 5120.000.00 (COntiauW frog Oclobar t, 19&9) 182 2. CONSIDERATION 01 A ONB YEAR L6118E AGREEMENT ICO 88-155- •1 VTTV VnMNNry TNMAM\TTl1N \Nn ARCl1Tni!'R ('RNTRR 9(lA THR CITY ONMSD NW SS LOCATBD AT 111 NORTH GROVE AVBNU6. UPLAND. CALIFORNIA 91786 - Ona Year leaee agreement with the women's Information and Resource Center and the Ctty of Rancho Cucamonga io provide crisis intervant Lon information and referrnle. 209 3. CONSIDBRATION OP ADVBRTISIHG REGULATIONS POR AUTO SALES CENTERS 21M1 4. CONSIDBRA~ON OF SUGGHSTHD NAMHS FOR A PARS IN THH VICTORIA VINBYARD SOUTH DBVELOPMBNT I. COVNCIL 6U8IN668 ~ The following itawr ha~a Darn raquutad by iDa Citp Comcll i for discuaaion. Thep ara no! public haazing itua, although the Chair up open tha acting for public input. i. AND BANYAN 219 } V~~ PAGE City Council Agenda October 18, 1989 12 2. STATUd RHPOAT ON CONPLHTION OF POBLIC IMPROVBwgNTS C Z2$ PLANN80 COiDSUNITY PAOJBCT 3. RHVI6N OP TH8 CITY'S BUSINHSS LIC6NS8 Oa IA N- SOLICITATION SBCTION (17I6 ITIDI HAB 666N REQOE8T6D TO BE C06TImU® TO 176 Wgpm6A 1, 1989 M66TI110) 4. pISCpC$ION OP GOA TI P P N POA COl4DINDATION TO N BRRNARDING COONTY N88TING ON OCTOBSA 28. 1989 (Oral Report) 5. UPDATB AHPORT ON NORDIC DBV6LOPMBNT (Oral Report) 6. REPORT ON SNORING VHHICLBS (Oral Aepozt) J O Tbia is the time for Citp Comcil to idemtifp the Sirs they wish to disems a! the Wert msetiag. These Sire will Oot W dlscuued at LDie meeting, onlp identified for thm amrt meeting. R. CONNOMICATI0116 PROM T6E POBLIC This is the time amd place for the general public to address _..c .~ ..:.:... ...~.~ .~~ r. .r ., is um ~ addreuing anp issue not pnvlouelp imeludW om the Agenda. Tha Citp Comcil map reeeive lertiaRmp amd set the utter for a subsequent maeling. Coraat• ere to be limited to five minutes per individual. I,• AGTOOR61®IT MEBTINO TO ADJOIN TO 6T6CIPPIP6 866RION TO OIBCUBB PEMOIMO I - LITIOATIOM I, DeDre J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify thnt a true, accurate copy of the foregoing agenda was posted on October 13, 1989, seventy-two (72) hours prior M the meeting per 3over:~nt Ccdo 54453 at 932C•C Da ca Line Roed. ~n rr } t~h v F~ , 1 1 1 1 ~ O 0000000 F O O 0000000 ONOTNOO O NNiO•ONOOIOOOnOOnO00p ONOONhOpnOe00NOM P ~1[ • O N Oh 00 tiP0~ xN pPOmOwNw OOOO Np0 rhNiNPNO T'O nrp v N N w pw000ow P N i N w \xR• w •Nm• N wN MMw• N x •}x n q N /~ A n n /~ /~ A n fN. n .\ n n n n x D• • ' :P /•1<n~mii i •iPO wNPOmaaO Ow• POwmiNihmw O.. Nm J NniNOnmPOnNm•NOhmPOMN _ x x ~•NNNJIPPmwmOmONaOmO<pPPPwmPPaPPPOaPPwwPPPPPaaIniO MTw ommmTmmnmrmml°°I°Nn°"imni W n~imnMm~nmmm~nlnnnnnnmmm~n~nnnTmm~nnm 1 1 1 1 1 1 1 1 o .. 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':.: ,e.~~.r.e«o..~..mM~.ee«~~oe~~.eJ.~..ma.oer.o~.so«ao, .«e.~m.~a~.«er~T...«..e...m.,<«.aor :: ~ . e~ _ ~:~e. rYs: ego: ~_~ ~ '~~ e..i...,..e.,Jm..i~,iJie,W.ie.L..L ~~>..r...,,.,,.~~._ N'i: :3.« Ls'ueisw° t~z""oo~i ~W ~oi~w~`io WW.'ii° '.ii .. veJa~.~y~. .°.LSi ~~eeo LiV .u ..e.. a «eLi' 5:73. :@.:Y««iC~S2".3'°„:.e JJWVYJUUUUUJJVO00O0000000ep~~WUUW WrVe VLLLSLLLLSr n nnr mmw nwwn«+ae .~ww. ~e^M~w~wn~Mr•Si^~Mrii .~o „ y n i N n n n ~. ~niw ~..wo.~n.w«~ e.~n.ww..wen~m..aw.wo_~w.ww~wwenn _.~.._~.wwm.w.9._wwww,wwwwwovaoeweo°e._n._.nn._~.~ _nn.nm~~~n.~n~mMnmmnn~nnn,~~,~n~nnnnnnwnnwnnwnmm~mm~ '"_„ "_ ~ i~ s So "., ui ~ PVC Wr > • iY~ ws V ~ 7 ViirVw~~Hiwngrlry •iVnw~ HFOn~W.n wn nnuOwnn W10N V nwiMnNwMY ~~ ~'~~, .i:yii ~a u iM s~ C3' ~ .. ~u~~Nw _ _ ui~iUVVi~~„Jii~ln~~~~FwNii~{iW~ y~N1 •J~ _ WWnn o__p_yNSnWS • f\Wiu W~VUf~p~pp1p sa .1W -0 u~uv~nwiw{y= yuvuti~~Wi~~\~nvXrnfiiiff ~ •l~i ant ~i i~fCOJ.~ L.au~iw~uu it~uw1771 w....~ea..wn-en~.aw wNTM.«.o:M1.~.s„tin~i.~.~i'~:,i~w~."'«~.ii.~.~r"'..e.".wy:nninn.~..nr~~ V s :~: _~; ° . :~o:o,. 4 'ow,a e's ~_=; s ~a ~: ,,. Wwrldo .3:' :.~~ Wo:~yo m ~. °°s.~.$ve"'.w.u..„.'"°i i oo°w N w.r............ r ~ »..: a i> a n. nOP~n -~Om m1. •mOmmP n~ammw~ hnPnayynnunP DTMwna nl- rvmm 'L~o~nPnm i n •.n.in nn m mn }v'• ~.~ 1 ;i CITY OF RANCHO CUCAMONGA STAFF REPORT Date: October 18, 1989 To: Mayor, City Council and City Ma na yer From: Jim Hart, Administrative Serivices Director Suhject: APPROVAL TO CONTRACT NITN DAVID N. 6RI FFI TN AND ASSOC TES LTD.. TO CONDUCT A U ER FEE AND COST ALLOCATION STUDY The City Council authorize the City Manager to sign the contract with David M. Griffith and Associates, LTO., to conduct a user fee and cost allocation study in an amount not to exceed E75 ,000. BACKGROUND- Any fee charged by the city is required by law to reasonably reflect the actual cost to provide that service Lo the public. The cost to provide the ...C l,dco `~:L .~.' ~.. - (ai.aii ~aial y), and lodlreGL LOSLS (equipment, consultants, support staff, electricity, etc.). To determine the direct and indirect costs and the proper allocation of those costs within city departments, the city developed a cost allocation fo rumla in the early 1980's. We now need to update the currently used formula Lo coincide with the services being provided, to ens ura that fees are 6ei ng collected and these fees are being properly allocated to the departments. Also, this allows the city to stay in tonforma nce with the requirements of state law. Staff solicited pro po sals„~rom three consultants who are known for conducting user fee and cost allocation studies. Staff received proposals from all three consultants. After a preliminary review of the proposals, staff interviewed two consultants (Arthur Young and Associates and David M. Griffith and Associates, LTD.) whose proposal most closely matched the needs of the city, Upon the conclusion of those interviews, staff determined David M. Griffith and As ieC is to s, .Tn., has the ph+; loaphy Lhct meets the -ity's heed. David M. Griffith and Associates, LTD., have conducted seve ral ~hund red cost allocation and user fee studies over the past 30 years. Or. several occasions they have done minor updates for cities whose plans they originally did. Reference checks of clients were positive, revealing the final product was objective and able to be implemented and presented professionally. Staff Report October 18, 1989 Page 2 The fee of b75 ,000 includes development of the user fee and cost allocation information, separate workshops with the City Council, as welt as, a public presentation of the program at a City Council meeting. Additionally, staff will hn given the computer discs containing the cost allocation and user fee information so the information can be updated annually in con function with the budget preparation process. Staff reconmlends David M. Griffith and Associates, LTD., as the consultant to complete the study. Resp~l/ly~~~submi fled, )~ Jim Hart Administrative Services Director ,7H/dah CITY OF RANCHO CUCAMONGA STAFF REPORT pKAMo ~~ ~''n ~i r O j a Fi $ Z ~__ _JD 19 i7 Oa te: October 18, 1963 To: Mayor, City Council and City Manager From: Jim Hart, Administrative Services Director Subject: APPROVAL OF CONP PLUS TO CONDUCT A CLASSIFICATION AND COMPENSATION STUDT The City Council authorize the City Manager to sign the contract with Comp Plus to conduct a classification and compensation study for the city and fire district in the amount of 535,900. BACKORWND: Outing the labor nego ti atian process for fiscal year 1989-90, the representatives of the city employee groups requested that the city consider conductfng a classification and compensation study, since it has been d~.'yi Jn 6du telj C jcLi .; ~~ u~~ .. .. .. y"t ar~i ° it is recommended that ~a ycla~s sification and compensation study be conducted every 3 to 5 years, therefore, staff recommended to the Lity Council that a rlassi fication and compensation study be conducted in fiscal year 1989-90. The City Council approved funds in the fiscal year 1989-90 budget for such a study, and authorized staff to prepare and forward requests for proposal to consultants who have expertise in the classification and compensation field. Six requests for proposal were sent out and six proposals were received. (Shannon Associates, THC Associates, Jack Kilian and Associates, Comp Plus, Ralph Anderson and As sociyle s, and Michael Nash, Nash and Company). Staff reviewed the proposals and interviewed three consultants whose proposal met the city's needs, (Comp Plus, Michael Nash and Shannon Associates). At the conclusion of these interviews, and after contacts with references, it was felt that Comp Plus could best conduct the classification and compensation st~~dy. Comp Plus is located in Santa Ana, California, and they spec talize in public sector work, Over Lhe past Lwo years, the team who will conduct our study has conducted 8 classification and tompensa lion studies. These 8 include 3 studies for local agencies (Chino, Fontana, and San Bernardino). Additionally, this firm has successfully completed work for the fire district in the past. '~ Staff Report October 18, 1989 Page 2 The team that will conduct the study consists of Karen Verney (Project Manager), Compensation Specialist; Marta Rebella, Classification Specialist; and Phil Ga rd iol, Analyst and Re Dort Format and Presentation. Staff is confident. 'he team has the technical expertise to conduct an objective and professional study and recommends they be approved to conduct the study. The total cost for the study is 535,900 which includes staff receiving the computer discs containing the study, and job descriptions so updates can 6e more easily accomplished over the next 3 to 5 years. The fire district will be sharing in the cost of the study on a pro rata basis. Respe tfully matted, Jim Hart Administrative Services Director JH/dah '~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE; October 18, 1989 T0: Mayor and Members of the City Council FROM: Erad Buller, City Planner BY: Miki Era Lt, Associate Planner SUB,IEC T: CONSIDERATION OF THE COM~tUNI TY DEVELOPMENT BLOCK GRANT HOB IN~SSI STANCE PLAN - Staff is recommending approval for the 1989-90 Housing Assistance Plan which is the second annual increment of the three-year plan required of participants in the Community Development Block Grant program of the Department of Housing and Urban Development. i. RECOMMENDATION: Staff recommends that the City Council approve the 1969-90 Housing Assistance Plan and direct staff to submit the Housing Assistance Plan to the U.S. Department of Housing and Urban Development. II. BACKGROUND: Under the federal requirements for Block Grant recipients, the City Council approved a 3-year Housing Assistance Plan (HAP) in 1988. Each year the City is also required to file an annual re vort. Staff has nrena ron rh;a yo+~'~ .. M.r. .;.r,+cF represents one-third of the 3-year commitment. ?he HAP addresses aii programs or pro3ects whic.^ meet the housing assistance needs of law income residents. The 1988-1991 HAP was adopted by the City Council in October, 1968 and approved by the Department of Housing and Urban Development (HUD) in December, 1988. in the second and third year of the HAP, Part IV of the plan must be updated and submitted to HUD. The attached Part IV of the HAP represents the second annual increment of the 1988-1991 plan. Narrative sent¢RGes in bold type indicate additions to the text for 1989.90. Iil. HOUSING ASSISTANCE PLAN CONTENT: The 1989-90 increment of the HAP inc udes the goal increments for 1989-90 and a narrative section explaining the programs. the six adopted coals relate to; 1. Existing Section 8 Program 2. Rehabilitation Loan Program for owner-occupied housing units 3. Reha biitta Lion Loan Program for rental units 4. Emergency Repair Grants for seniors 5. Mortgage Revenue Eonds for first-time buyers 6. Revenue Bond Program for multi-family rental units CITY COUNCIL STAFF REPORT RE: COBG HAP October 18, 1989 Page 2 Under the above programs, an estimated 110 units will receive assistance this year. City outreach will focus on the repair and rehabilitation of existing housing units. IV. CO~,CLUS[ON: The second annual increment of the approved HAP should be approved by the Council and forwarded to HUD. Res lly ted, Bra r City Pl nner BB :MB:ko Attachments: 1989-90 Housing Assistance Plan Resolution of Approval J W 0 Y yN00~ ~G~O N F W O ~` u moon -. o . oo x b ,, ~ j u O•+O~ w00 ~ O U w 2 S 3 y ~ I O w W ~+~n0 ~ry0 J I O i ~ W I ~ ~~ t o u I c c c c c N W ~ Y «+a c°~c°~ aa~ i F i 3 w v v d ; a -$ < ~ a i x a i m W ~ Y F W ® y ~ F Y Wl N O Vf ~G Hl 1il 4 F F Z a N b Nip p i y J _ S a • ~ ~ ~` U' 2 xx xx i ~ x L @ ~ g o _ 3 = J F F L z d . $ `< ! ~ - e 5 > i ~ i o ~ cv a ~ F o ~ ~ t ' ^ ¢ i ~ N aN.l w ~ ~ . ~ N N Y.. aF a ! f ~ :° _ a m~ i ~} ~ a f~ f~ Q t ~A~~ s~ > ~ . pp l7 }j ~ .~} r A 60 -g Y en iLL Oam ; ~ ~44' g = _ ~ ^va~ '~yy~ ~ C ~ d y ~ I m r P Y +~ . 4~{ I ~ M a y ~ N J ` S= ~ S [ } YY ~ C 2 f L W L q J O L j L% N t ~ ~a ~ ~ ~~~x ~ g~ O L ~ p yp d ~ u p , ~ W v v i F i - ~ tJN2 O g ~ Z W } ~ Q k Sra GWL ~INI'1~ ~NAI O w ~ /'`~ / ~ mil/ TMENT OF HOUSING AND UREAN DEVELOPMENT EITY DEVELOIMENT BLOCK GRANT PROGRAM ENTITLEMENT PgOOgAM HOUSING ASSISTANCE PLAN Fo,in Rancho Cucamonga - ].~DAANT NVMlFI1 ZT>91IM i~:l=~o:I~? ~ ~~_ NUC APPROVAL FROM: 10-O1-8R rD: 9-30-91 1 DATE OG SV BMISBION •~ ~Orlglnal 11 Rewsmn QAmenemenll lS,w~•rm•ul AUrnunnu 0//ar•l) ID•nl PART 1 -HOUSING ASSISTANCE NEEDS TABLE I .HOUSING STOCK CONDITION$ STANDARD UNITS - -' SUBSTANDARD UNITS SUBSTANDARD UNITS SUITgeIE FOR REHAB ~-~ TENURE T TYPE OC[VPIED V CANT UNIT9 UNIY9 OCCUrIEO VNIT9 OCLUhED VN119 VACANT VNITf T rM LOVwI lr¢dN - _~ VACANT VnRS -~ - - e Owns _ -699- "+fiafi T Renter 5~6 --16. _i~139- ~--3L9__ _' 1'L __ _ TABLE 11 -RENTAL S .~ e Wr Low hlmm. 9 Perpnt UBSIDY NEED$ ELDERLY N 135 14. OF LOWER INCOME HOUSEMOLD$ SMALL RAMILV LARGE FAMILY _ ;_ ._ 681 ,_ g8_.-_ 8 % 74 % % TOTAL ____ K.~_ ,914 _- 10(HL to OInN Lowa lnmme 39 502 1Q¢____ _ __ 737 _ IF ETR 1,(L„ ~~9i. _ 295 tT ro tr DH Iced -~ ~- - Q-._"' --_-0_~___ .._-__0 u ToMI. _ __.-353-_. .___194fi _..._ M p.rynF % % % 100% PART II -THREE YEAR GOAL TABLE 1 -UNITS TO RE ASSISTED ~'~_-~REMABILITATION ~ 9.ASTANfIARD LNGS NFW r:G~.cn WN IU CONSTRUCTION STANDARD UNITS + I -- ~~ IrOMF IMPROVtMENTS L _ M_ N O s Ownb 18 200 0 75 E R.nur I 5 200 _ 0 _ 0 T OwMI Rmm _ _ _ ~_ IUNITS EXPECTED TO ASSIST LOWER INCOME NOUSEHOLOSI 0 ~ _0 ~- 4 0-----_ ` _ __ ! J5 ~._ _O_~._. TABLE 11 -LOWER INCOME HOUSEHOLDS TO RECEIVE RENTAL SUBSIDIE S ELDERLY SMALL FAMILY _ _ _ NRGl FAMILY ____ _ TOTAL f o _ ~_.^ ..- _. .._i.- ___ NouMlaleF to GAm~tW 20____ .__.13Q_._ __. _2~_._..__ __ .115 P.rnnl % % % 100% TABLE III -GOALS FOR HUO RESOURCES: SUBJECT TO LOCAL REVIEW LINO COMMENT -~ ELDERLY SMALL FAMILY ~ URGE fAMILY TOTAL 9 u Y W Hou..MldF to W ARFt.d 20* ~~ ~-1~ . _ ~ ]Z,~. _ _ HOUSING TYPE PREFERENCE IMtAMIUm NunD.r of Unity MW wAl M AonErndl 11~-' NE~Y.W^^ -_---_- RENAE ~~-~^EMIE-T--I'--NO ~-- L~ML~ ~ L~--. ' S !l~q.ek Mi. Dor i/ rM AoPIiCMT WiaAa ro mti.w $r.M NowinE AE.rN'Y P/oOEEM! wiMM In juri9DYtrion. J ~ ~ ~ - TART III -GENERAL LOCATIONS CONIKINITY DEVELOPMENT BLOCK GRANT NARRATIVE FOR 1-YEAR 60AL5 1989-90 HOUSING ASSISTANCE PLAIT INCLUDING REPORT OR 1988-89 ACCOMPLISHMENTS. CITY OF RANCHO CUCAMONGII (NARRATIVE SENTENCES IN BOLD TYPE IINIICATE ADDITIONS TO THE TEXT FOR 1989-90.) I. DISPLACEMENT No standard units are expected to be demolished or lower income households relocated as a result of direct federal, state, or local actions. A. Specific Actions the Coa>tunity Nill Take to Mini~i ze the DisDiacea~ent of Law-Intone Households (i.e.. those earning less than 50 percent of the regional Median inca~) Rancho Cucamonga's condominium conversion ordinance limits conversions to no more than half the number of rental units added to the housing stock within the preceding year, and requires that all converted units meet current Code requirements. No conversions are expected over the next 3 years. 2. The City will design all public facility projects (street widen Togs, storm drainage improvements, etc.` to avoid displacing any households. No houses will be removed unless affordable replacement housing is available. - 3. No COBG funds will De used for projects which will displace low income residents. J8 CDBG NARRATIVE Page 2 B. Specific Actions the Coseunity Yill Take to Mi ni~ize the Displaceaent of Moderate Incoa~e Households (i.e., those earning bedreen 51 and BO cercent of the regional pedian ircaae) '.. Rancho Cucamonga 's condominium conversion ordinance limits conversions to no more than half the number of rental units added to the housing stock within the preceding year, and requires that all Converted units meet current Code requirements. No conversions are expected over the next 3 years. 2. The City will design ail public facility projects (street widenings, storm drainage improvements, etc.) to avoid displacing any households. No houses will be removed unless affordable replacement housing is available. 3. No CDBG funds will be used for projects which will displace mote ra to income residents. II. ACTIONS TO PRESERVE OR EXPANO THE AVAILABILITY OF AFFORDABLE HOOSIN6 A. Specific Actions the City of Rarcho Cucaaonga Yill Take to Preserve or EXpand the Availability of Housing for Lor Income Persons (those earning less than 50 percent of the regional akdian fncone) 1. the City will continue to support the Section 8 scattered site new construction program for households earning less than 50 percent of the regional median income to produce units affcrda ble to them. in 1'X18-89, the City cooperated with the San Bernardino County Housing Authority in support of the Section 8 Progra~ and NS11 continue support in 1989-90. 1 CDBG NARRATIVE Page 3 2. The City will continue to enforce its condominium conversion ordinance (descrihed below!. 3. Although in rem (tax foreclosure) proceedings are very uncommon in Rancho Cucamonga, the City will investigate the possibility of increasing the supply of affordable housing using property acquired in that way, and establish a system to handle such pro De rties, should they become available. In 1989-98, the City will continue to investigate this possibility. 4. State law requires cities to offer incentives fincl uding public improvements or density bonuses) to any project with at least 10 percent of the units affordable to low income households. The developer commits to develop a percentage of units at prices or rents affordahle to lower income households, in exchange for city incentives. 5. Twenty percent of tax increment funds from the City's redevelopment projects will be used to assist low and moderate income housing development as necessary and as tunas Become available. Funds are currently committed to other projects, but will be available in the future. B. Scecific Actions the City of Ranch Cucaagnaa Yill Take to Preserve or Expand the Availability of Housing for Moderate Iceaaw• Persons Icersons earning less than Bo percent of the regional awNlian incoax) 1, The City will tontinue to participate in the funding of revenue bonds for the construction of rental housing where 20 percent of the units are set aside for households earning less than 80 percent of the regional median income at rents affordable to them. O CDBG NARRATIVE Page 4 2. The City will continue to enforce its condominium conversion ordinance (described above). 3. Although in rem (tax foreclosure) proceedings are very uncommon in Rancho Cucamonga, the City will investigate the po ssi6ility of increasing the supply of affordable housing using property acquired in that way and establish a system to handle such properties, should they become available. In 1989-90, the Lity will continue to investigate this possibility. 4. State law requires cities to offer incentives (including public improvements or density bonuses) to any project with at least 25 percent of the units affordable to low and moderate income households. Several of the planned communities in Rancho Cucamonga contain commitments for the development of affordable housing in the text of the approved or property community plan. The developer commits to develop a percentage of units at prices or rents affnrdahlu *~ ao7^ra lc :,,.~„-,~ howaiiu ide, in exchange for City incentives. 5. Twenty percent of tax increments from the City's redevelopment projects will be used to assist low and moderate income housing development as necessary and as funds become available. Funds will be available in the future, upon the completion of a contracted Housing Fund Set-Aside Progra~. 6, The City will continue to offer density bonuses and parking reductipns to senior citizen housing projec*_s in which at least 25 percent of the units are reserved for lower income households at rents they can afford. ~I CBBG NARRATIVE Page 5 III. ACTIONS THE CITY MILL TAKE TO [NPLFl1ENT ITS ONE-YEAR GOALS A. Martw9e Revenue Bonds (Amer) San Bernardino County Economic and Community Development Department (by cooperation agreement; and the Rancho Cucaronga Redevelopment Agency sell mortgage bonds to provide below market rate mortgage finantfng for first-time homebuyers. Most users will not be low or moderate income, that is, earning less than 80 percent of the regional median. Issues funding an estimated 1,500 mortgages were sold between 1980 and 1986. The goal will be realized, therefore, subject only to market conditions and the developer's ability to develop and sell the homes. B. Nultiole-Fa~ily Revenue Bonds (Renter) By cooperation agreement with the County of San Bernardino, rental projects in Rancho Cucamonga with 20 percent of the units restrf tied to lower income households at affordable rents may ha funded wire county multiple-family rental revenue bonds. According to the San Bernardino County Department of Economic and Community Development, some 385 units have keen funded but not yet built. However, market conditions and developer performance will dictate whether the units committed are completed. C. CDBG Rehabilitation Loans In 1989-90, the City wilt establish a City-ad~Tnistercd progra~ to offer lar a~M Referred interest rchabtllUtfon loans to loner incava hoaawwners City-Hide. Approximately 6 units per year will be brought up to standard through this program and the Senior Emergency Repair Grant Program described below. During 1988-89 the County of San ~7 CDBG NARRnTIVE Page 6 Bernardino notified the City that they rould no longer contract with the City for the repair grant and loan prograae;. During the year the County began to phase out the prograe and only one rehabilitation loan was co~pleted. Rental rehabilitation loans are given enly to structures with four or fewer units where the owner or the tenants are lower income. Rents after rehabilitation must be affordable, Up to five units will be brought up to standard through this program. During 1988-89, no units were rehabilitated, because the County ras unable to deliver the rental progra~. However during 1989-98, this progra~a rill be included in the City-ad~inistered rehabilitation prograe. D. Senior Eacrgenty Repair Grants In 1989-90, the City rill establish a City-ad~inistered progra~ to offer e~ergency repair services to for and moderate (less than 80 percent of the regional aedian incoa~e ). Approximately 25 units per year rill be assisted Lhrou gh this program. During 19RR-Rg; fho County co~pleted 25 eaiergency repair grants. E. Section 8 Existing (or Successor progra~) The City has entered into a cooperation agreement with the Housing Authority of the County of San Bernardino to administer the Sec t;ion 8 existing and ho[tsing voucher programs. The goals reflect the reduced funding far this program and the fact that rents in the Cf ty are often hf gher than fair market rents. However, Lhere is a good potential of using Section 8 existing in the density bonus affordable housing to he produced as a part of the large plarned developments under construction in the City, as well as in the projects using the Senior Housing Overizy Oistrfct or the rental rehahilita Lion loan program. ~3 CDBG NAR RA7IVE Page 7 F. Article XXXIV Referendw Authority The voters of the City of Rancho Cucamonga approved a referendum allowing public ownership or financing of low rent housing pursuant to Artic?e XY,Y,IV of the State Constitution. This zna bl es u;e of public housing and various multiple-family financing programs. There are currently 11 units of scattered site public housing in the City. The City has entered iota a cooperation agreement with Lhe Housing Authority of the County of San Bernardino for use of the public housing program. No funding is anticipated for this program in the second housing assistance plan year. However, agreements are in place should funding Lecome available. 6. Affordable Housi na Incentives State law requires cities to offer incentives (including public improvements or density bonuses) to anv oro iect with at least to percent affordable to low income or 25 percent of the units affordable to moderate income households. Several of the planned communities in Ranchu Cucamonga contain commitments for the development of affordable housing in the text of the approved or proposed community plan. The developer commits to develop a percentage of units at prices or rents affordable to lower income households, in exchange for City incentives. H. Redereloo~ent Twenty percent of Lax increment funds from the City's redevelopment projects will be used to assist low income housing development as necessary and as funds become available. These funds are currently committed to other projects, but wfll become available in the future. CDDG NARRATIVE Page 8 I. Senior Noes ing Overlay District The City of Rancho Cucamonga has created an overlay zone for senior citizens housing projects which gives the deveioper higher densities and reduced parking requirements in exchange fcr reserving a portion of the units for low and moderate income seniors at affo rda6le rents. IV. E7(PEC7ED IMPEDIMEIITS AIPo PLAMpED REIIFDIES A. Proble~: Hi oh Land Costs IlMrease the Cost of Housing in Ra~ho Cucaannoa Remedy: The City will continue to offer a variety of programs which taken together can re<_ult in affordable housing: 1, Density bonuses and the Senior Heusi r.g Overlay District, 2, Revenue bond financing. 3, Public funding of infrastructure improvements (streets, storm drains, water and Sewer lines) to support new development. B. Probiea: Reduced Federal Funding for Housing Proaraa~s and Protects Remedy: The City will use 20 percent of the tax increment funds gathered by its redevelopment protects to increase the supply of affords 6le hcusin g, after current commitments of those funds are met, 4~ CDRG NARRATIVE Page 9 C. Probla: Poor Rehatrilitation Loan Perfor*ance Reaedy: During 1989-90, the City rill no longer contract with the County of San Bernardino for hors repair grant and loan services. instead the City will establish a City-adrinistered prograr. V. ASSURANCE THAT AT LEAST fi0 PERCENT Of THE UNITS REHABILITATED NITN CD86 FUNDS HILL BENEFIT LON AND MODERATE INCQiE HOUSEHOLDS A. Owner-Occupied Units All applicants for below-market interest rate (BMIR) loans, deferred loans, or emergency repair grants are required to submit evidence that their income meets eligibility requirements. This information will be checked by City program administrators and by the bank which processes the loans. Ail homeowners must earn less than BO percent of the regional median in order to participate in the program. B. Renter-occupied Units The City's rental rehabilitation loan program is designed to ensure that the majority of the units rehabilitated are affordable to and rented by lower income households. If the property owner is applying because he or she is lower income, he or she is required to submit evidence of income. The owner is also asked to submit annually a copy of all Teases or rental agreements (to verify rents charged? and a signed certification of income from each tenant. The City wilt periodically conduct its own surveys to assure that income information is accura to and rents are affordable. YI. GENERAL LOCATIONS FOR ASSISTED HOUSING Please see the attached map. d C ~ W ~ g L ~ g~ V = W ~ ~ ~ N' g `` ~o H ~ W J ~ N N ts /~l Y o t ~ U . tNy~ Q O m \~ ~ ` I s 3~ s II II 3 > II ~ a °i ~ II :. < aaj(~ it t~llJ111 II Z I~ - ~I~ ~. dl ~,1 a~~ "I i~~ O jj ~ II o n F. Ila III II II, II 1 V ~ ~ rn o ~ U O 0 J -p ». ~ ~ ~ •~ c ~ N Q C7 ''-- o c~ o~ ~ '' ~ o U ((~y ~ L1. /~Y ~ U U Z N N W ~ ~ Y F'- ~ 0 i ~:- N aiu x3 0 ~ •-~ 50~~ y ....• ....~• • ~ ....., .. r ~,i _..1" f~ I I' t f RESOLUTION N0. ~~- ~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE SECOND YEAR INCREMENT OF THE HOUSING ASSISTANCE PLAN FOR THE 1989-90 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. Recitals. iii The City of Rancho Cucamonga is an Entitlement City under the regulations governing the Federal Commin ity Development Block Grant program; and (ii) Each Entitlement City is required to Submit a Housing Assistance Plan (HAP) every three years to coordinate and focus the programs which it funds with CDBG or other funds; and (iii) The nett planning period is October 1, 1989 to September 30, 1990; and (iv) The City has completed a three year HAP in accordance with Federal regulations and consistent with the Housing Element of the Rancho Cucamonga General Plan and with the Regional Nousing Needs Assessment prepared by the Southern California Association of Governments for the region; and (v) On December 22, 1988, the Department of Housing and Urban Development approved the three year HAP and the first annual increment; and (vi) Staff has prepared the second annual increment of the HAP, w io is Levi wi ih Lice three year nnr. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve and take Lhe fo slowing action; Approve and adopt the second annual increment of the Housing Assistance Plan for 1989-1990 - ~8 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer SUBJECT: Authorization for the assigmaent of an Adult Crossing Guard at the intersection of Terra Vista Parkway and Greenwich Place far Coyote Canyon Elementary School RECOMIEIOATION: It is recoemended that an Adult Crossing Guard be assigned to Lhe school crossing at the Intersect/on of the Terra Yista Parkway and Greenwich Place for Coyote Canyon Elementary Schooi, BACK61tgMB/ANALYSIS Traffic Engineering staff has completed a review of the need for an adult crossing guard at the above referenced location. The items reviewed Included vehicle and pedestrian counts and observations of crossing patterns. As shown on the! attarhPA Pual uafloP sn.w tls r(.~ !;~;,~lt Craa.•--y C~crG guidelines were exceeded, with 54 students crossing Terra Ytsta Parkway 1n possible conflict with 235 vehicles during the morning hour and 67 students crossing against 224 vehicles in the afternoon. Respe 1 ubmltted, Attachment cc: Mr. Clyde Boyd, Chairman Pubitc Safety Commission .~9 RDULT CROSSING GURRD NEED EVPLURTION Location T~-e YL1 i~iS-q PKw/ E,i-~e-vt,r "i~~u School - COY~`~ ~ L GAti~nrJ Start/Dismissal Times t~:=,h RM 'L~23 - Z' uS` FM Distance from crosswalk to school ti-~~~h~-K ihI F.'~r1T np ~;i..ti ~,~ J Distance to nearest signal or stop sign 13sn'` Width of stye=` at crosswalk ~~"~~- Date of pedestrian counts ~~2`.J ~O'~ 1. School crossir;^ at uncontrolled location. HOUR N0. OF CHILDREN C.R OSSINGlMIN=20) VEHICLE VOLUME CRITICRL VOLUME ~, -9,~, 54 2'35 139 i5.~,i ~ 22 ( 'L Cr•o ssing guard justified for 2 hours? yes~r no_ 2. School crossing at traffic signal location. HOUR N0. OF CHILDREN TURNING MOVEMENTS 'CRITICRL ~ ...,~,,., a... •~iu•=~v. TnR~Liuh CRUJJWMLlt NULLING 300 300 ,u, Crossing guard justified for 2 hours? yes _rno_ 3. School crossing controlled by stop signs. HOUR N0. CF CHILDREN CROSSING IMIN=40) VEHICLE VOLUME ON 4-LRNE STREET CRITICRL VOLUME i ~ 500 540 500 Crossing guard justified for 2 houra7 yes_rno_ CRLC. BV J. AL CXG hI~[-I`~ DRTE 9 2'~ q.n - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 TD: City Council and City Manager FROM: Russell R. Maguire, City Engineer BY: Halt Stickney, Associate C1v11 Engineer SUBJECT: Amending a Resolution of Summary Vacation of a portion of a Utility and Drainage Easement, located west of Archibald Avenue and north of Base Line Road ~• Y-088, to include utility vacation RECOMMENDATION: approvi gcan~amendienttof R solutionuNo1188 716 to vacatecaoportionuofoa utility and drainage easement along the southern portion of Parcel 1 of Parcel Map 5792, located west of Archibald Avenue and north of Base Line Road. Background/Analysis !n con~unctlon with CUP 87-29 located at the above said location, the developer has requested the City to vacate an unused portion of a utility and drainage easement crossing the southerly portion of the property, Nith the completion of the storms drain at this location, the easement can nOw be reduced in width s.,... an s_ct ~~, 20 fiat uuu aCiii encompass She necessary easement area for the stone drain and utilities (see Exhibits "A" and "B"). On December 21, 1988, the City Council adopted Resolution No. 88-716 summarily vacating the drainage easement. However, due to a technical error the utility eesement was rwt included 1n the Resolution. Therefore, it is necessary to amend the Resolution to include the utility easement in the Resolution. Respe 1 submiti-ed, :sd Attachment 3 RESOLUTION N0. gQ - ~/ ~ A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING RESOLUTION N0. 88-716 SUMMARILY ORDERING THE VACATION OF A PORTION OF A UTILITY AND DRAINAGE EASEMENT AFFECTING PARCEL 1 OF PARCEL IMP N0. 5792 Nr~EREAS, on Decea~ber 21, 1988, the City Council of the City of Rancho Cucamonga adopted Resolution No. 88-716 suaaaarily vacating a portion of a drainage easement affecting Parcel 1 of Parcel Map No. 5792; and NHEREAS, due to technical error, the Resolution shall be amended to Tnclude utility easement; and NHEREAS, by Chapter 4, Article 1, Section 8333c, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a City utility and drainage easement hereinafter more particularly described; and NtiEREAS, the City Council has found from all evidence submitted that a utility and drainage easement affecting a portion of Parcel 1, Parcel Map No. 5792 is unnecessary for present for future utility and drainage purposes. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby ma es s order vacating a portion of that utility and drainage easement wmcn is chat portion of rarcei i, rarcei nap mo. 57y2 in the pity of Rancho Cucamonga, Book 59, Pages 74 and 75, of Parcel Maps in the office of the County Recorder, of said County, being the northerly f0 feet of the 30-foot City of Rancho Cucamonga utility and drainage easement shown on said map on file in the office of the City Clerk of the City of Rancho Cucamonga, which has further been described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: That from and after the date the resolution 1s recorded, said port on~~utilif~-and drainage easeah:nt affecting the northerly 10 feet of the southerly 30 feet of Parcel 1 of Parcel Map 5792 no longer constitutes a utility and drainage easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolutlon~recorded in the office of the County Recorder of San Bernardino County, California. 3~ EltNIBtT 'A' THE NORTIR:RLV 10.00 FEET Of TILE SOIRHERLY x.00 FEET OF PARCEL 1, PARCEL MAP N0. 5792 IN TILE CITY Of RAMCMO CUCAMONW, COUNTY OF SAM DERIMROINO, STATE OF CALIFORNIA, Ax PER IIA/ RECORDED IN BOOK 59, PA6E5 Ta AND 75, OF PARCEL MA-S IN TI! OFFICE Of THE COUNTY RECORDER OF SAfO COUNTY. 33 __ LOM/TA CDuR7" , _ ~,.o0 1 ~ PA.QCfI MAP v 4! ~ ~ ~ 5792 o ~ PARCEL ~ ~ '~~ i si~ eMt p s ~~~ ~ Wb N~~ ~ ~ I ~ ~T w~ T R N ~ V lO G9 IO A?RTtON CF U7/UTY r ~kAtN EASEMFJVT, CITY OF RANCHO CUCAMONGA ~10II~T4 D1V18[4N 4'"'~7 N rte; jUM/~MAR~Y yVpA~C~AT/D~Ny TA~L~t~,•A1lJNNrA~i iAitlM~T w ~N V/GNJTY MAP CITY OF RANCHO CUCAMONGA STAFF ftEPOftT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda R. Beek, Jr. Civil Engineer SUBJECT: Execute contract for the Etiwanda Cobblestone Curb Improvement Proiect, located on the west side of Etlwanda Avenue, north of Ylctoria Street (Alternate B), awarded to Bay District Paving, Incorporated, for the amount of f30,516.00 (527,742.10 plus 10$ contingency) to be funded from Beautification Funds, Account No. 21-4647-8822 (Awnrded FY 88/89 and 89/90) RECONEMOATIOM: It 1s recommended that City Council authorize the Mayor and City Clerk to execute the contract documents for the Etlwanda Cobblestone Curb Improvement Pro,{ect, and authorize the AdAinlstrative Services Director to expend 530.516.00, (f27,742.10 plus lOS contingency) to be funded from Beautification Funds, Account No. 21-4647-8822. Background/Analysis On September 20, 1989, City Council awarded the subiect protect t0 Bay uiau i~l iariny, iin:VryVra ied. JuTT nos recetveo the executed contrac*_ documents, bonds and insurance documents; reviewed them and found them to be complete and in accordance with the contract proposal. Respe submitted, r RHM:LRB• - _ cc: Purchasing CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda R. Beek, Jr. Civil Engineer SUBJECT: Execute contract for the Hidden Fana Road Culvert Iraproveaw!nt Protect, located east of Carnelian Street on Nldden Fares Road, awarded t0 Jis L. Nubbs Construction for the aaaunt of 579,077.00 (511,888.00 plus 10f contingency) to be funded with Drainage General City Account No. 23-4637-8765 (Awarded FY 88/89 and 89/90) RECOAEMDRTIOM: It is recoasended that City Council authorize the Mayor and City Clerk to execute the contract docusw!nts for the Hidden Fares Road Iaprovtyaent Pro,{ect, and authorize the Adatnistrative Services Director to expend 579,077.00, (=11,888.00 plus 101: contingency) to be funded with Drainage General City Account No. 23-4637-8765 (FY 88/89 and 89/901. Background/Analysts On October 4, 1989, City Council awarded the subject Droiect to Ji^ L. Hubbs Construction. Staff has received the executed contract docua~ents. oonds and Insurance docuaKnts; reviewed then and found theta to be complete and Tn accordance with the contract proposal. Respec ,y tted, ~~ R B:sd - cc: Purchasing - CITY OF RANCHO CUCAMONGA STAFF REPORT r DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Jeff Barnes, Maintenance Supervisor iandscapinq & Parks SUBJECT: Award and execution of the 1989/90 City-wide Tcee Trimming Agreement to United Pacific Corporation of Santa Fe Springs, California for [he amount of $130,000.00 to be funded by General Fund Account No. 01-4647-6028. RECOMMENDATIONS: It is recommended that the City Council award and execute [he 1989{90 City-wide Tree Trimming Agreement to United Pacific Corporation of Santa Fe Spzings, California. BACKGRDUNDjANALYSIS: Through the Request foz Proposal process, itemized unit price bids were received from vendors on August 21, 19x9. After a careful review of the anticipated types of tree mai nrn~_nc~ iu oe performed, as well as an estimwra cf L'e percentage of total work to be acr~mpl: ~;,cu wrrnin each itemized trim category, the vendor which best met the City's needs was chosen. At [he City's option, the agreement may be extended an additional twelve (12) months, starting July 1, 1990, with an inecease not to exceed 10$ of the original unit price. It should be noted that United Pacific Corporation has been the City's vendor over the past tour (4( years, and has given us excellent service in standard maintenance as well as emergency response. Resp f isubmitte,LL ,~ .1 `6ti;8chmawt- cc: Bob zetterberg, Maint. Supt. Curt Lance, Tree Crew Supv, Tree Contract File CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: September 1, 1989 `" TO: Marcie Mathiasen, Purchasing Assistant FROM: Cur[ Lance, Maintenance Crew Supervisor SUBJECT: Parkway Tree Maintenance Bids On August 25; 1989, the City received price quotes from three Tree Maintenance Contractors. Golden Bear Arborists, Inc. of Pasadena, West Coast Arborists of Buena Park and United Pacific Corporation of Santa Fe Springs. We had requested prices on three individua l'groups of tree work, Group I Ornamental, Group II Palms, Group III Eucalyptus. Group I and II were categorized into three specific trunk diameters. Group III Palms had specific tree heights. We did not indicate any one type of work, but to obtain a complete overview of the costs to be incurred. We have broken down the work needed on a percentage basis to evaluate data and to arrive at a decision. Considering sixty- Fivn un• ..c ~w_ .. .. __:. :_ -• a.:, wue:aLa ui urnamenra• trimming~of trees twelve~Vinches~and larger, we have decided to award United Pacific the Tree Maintenance Contract. Please find the attached copy of the format used to make this decision. CL:la Attachment cc: Bob 2etterberg, Maint. Supt. Jeff Barnes, MainE. Supv. Landscaping & Parks Cary Varney, Malnt. Supv. Streets a Storm Drains Group I Ornamentals Ornamental krimming iy the main objective of concentration. Percentages in the trimming categories by diameter: 0-4" - 106 4-12" - 25$ 12"-OVec -658 United Pacific was the lowest in bid in Trim Category Group II Palms Consideration was given tc the palm [rimming and removal catagories. Uue to the low number of palms within the City parkway system it is determined that these trees were not a significant amount to have a deciding factor on bid amounts. Group III Eucalyptus Ninety percent of Eucalyptus trees are in a side-prune category. These trees are in a windrow configuration and on an average of exceeding the twenty-four inch diameter. United Pacific was the lowest bid in this category. However, we must no[ forget the removal Category of each group. The position of the City is to maintain health, beauty, aesthetic value, and above all safe parkway trees. Correct pruning practices will maintain the integrity of the street. Occasionally, removals are necessary depending on species and the damage it has created, Two percent to Five percent are estimated to extend over all three groups. 39 z i pW OW TF a PY .; G 0 u J 1 ~ N m~ ti~ r ~ M ~ n ti N OI p Y F ` L ° W o o W o p o 0 0 0 0 0 0 0 o > o o > o > 0 0 0 0 0 0 0 0l o p • ~ ut O ~ O ~ ut ut u1l ~ N O O N rl N p N N I~ N i-) ~ Q m V rl N ~ n _ H rl N t+l N f a t ~ o ; o o , o 0 0 0 0 ~ O ~ ~ ~ I I ~ I ~ ~ ~ ~ ~ N O ! ~ t ; • n ~ ~ N v D• ~n ao . u p • ~ I Gq ry N l ~ ~ Oq ~ I wG I I ry 1 y I I O ~ OI 9 N vl W u1 O i() •. .• N . F :° ~ • ~ .. oI i • ~ ~ ~^ i .. a • ~ p . Y p ~ Y O • W • • ~ p•. s i ., a p ~ a a. n W . • p °p i . . . • . p . . . I . p .. ~ .. . C sO C. 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OIIII` 041 4~ U ~ ~f OI ~~ ~ ~ ~ ~ ~ J " W C Z G y 1 i Q 4 I I g O ~ ~ ~ ~ I 1 o I O I y ~ ~ I • • ~ ~ 1 n N I I ~ Y ~ ~ ~~ f I n I I I .A N n of ~o no ~. 0 po 0 0 0 n O 0 0 0 0 0 0 O O • ~ ~ o ~ inl o .n o .n o ~n s i N N t0 ~O -I ..I "I I OI i F O p W e ~ p i G ' ~ • • i ~ i ¢ :S" ~ ~ C 6 ~ Z r C • •G ~~ a C i i . :~ .2 4 O ¢ n~i W r / ~ i y i .. ~ ~ i i w io ~ p ~ ~ g o ~ n f O 4 19 Y• Y O W LL Y' L ~~ 0 m 43 ' Y ° ~ s . j of e' a Y s a io e~ ~ o ; a s j ~ € •" a Y ~e ~ a i • a ; Oi l ~ ; ~ •• C + J fl - •• • 1 a •• eY n ~ p • l l ~ .~• : _ ; .-a ~ ; Y g Y o ~ i i ' • i 3 - c + i a Y • i a ~ i ° a • . p Q • i o ~ j ~ ~ Y 1 O •e O ] O O ~ l i ~ e ° - ~ c i ~` i > e i e ° • {' i o e a • a ~ e c e ' i c • s - i n a a • ~ ~ • n ' . e i~ a o p 'e • m n n P N QW G W OuWi 16 PF a~ a S I $ ~ " o ~ i a • O o OI O V N :O y N 17 G Girv p p u °. o ~ ] d ~ V ~• • Y• r O • •O ` o a J~ O Ofa _, ~G .s~ g~ ~ G~ - O o~ r ~L W 00 O L ~ • O 2 •~ • 1 w p ~ ~ C N ~ ; • ~ ~~7 - ~ S ° W : ~ ~ a ~ E ^^O Q U {~ V V V ^ rv < O V Asa o~ \ ~r ~ -3 -z o~o ;~~oo ~ ~ ~I~ / ~N N V I e g : d ~.f o OI o o ,..f $ G S O• . ~ ~ ~ ~ ~/f ~O p O p p n F M1 i ~ ^ I 6 n vl ~ ~ W m I ~ ~ ~O I III ~ I NI O 1v O O L 0 O •C E • ~ a Z ~ O a P ] [ O [ • E ~ •• L L a f Y W a ] E f y % ~ _ E ` J f F • • ~° a . N Y o ° ~ ~ ; e - . :~ ~ V V V V 'V V V V~ V V• U N i o . e u o W . u i • O O ) T ele Ow O O ]y > ~ J J • I 1 ~ w ~ ~ ~ ~ ~^ i w S Y d! 0 7 ~ i of i • ~ ww i i i w S i ~ fi o .. w $3 ~ ~ i S o < - • 3 .. i e ' ~ ' ' : 2 r ,. . s o . . e t ; z s ~ , i~ w ~ o: ~ c I W 8 9 ~ ~ ? w . e 1 i e 8 ° iy ., • 5 ~ • a i s j e w i 8 S _ i ~ o o e 8 ' 3 W D T m ~~ - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 ~~( T0: City Council and City Manager FROM: Russell M. Maguire, City Engineer BY: Willie Valbuena, Engineering Technician SUBJfCi: Approval of Release of Agreement for Postponement of CCBR's for Tract 13441, located on the northeast corner of VTctorla Park Lane and Kenyon iidy RECOMIEIOATION: it is recamnended that the City Council adopt the attached resolution approving the Revocation, Release, Satisfaction and Cancelation of Agreement for Tract 13441 authorizing the Mayor and City Glerk to sign said agreement and to cause same to record. Background/Analysis On October 1, 1987, the City Council entered Into an agreement for the postponement of CC6R's for Tract 13441. Said agreeaent was recorded on January 15, 1988, document Mo. 88-014155, Official Records of San Bernardino County, California. CC6R's have been approved by the City Attorney for Grupe Development Company, the buyer of Tract 13441, and recorded on September 8, 1989, document No. 89-332629, Official Records of San Bernardino County, California. The recording of the CC6R's meets all conditions of the Agreement recorded on October 1, 1987. Respectf submitted, ~~ RHM: A4tachment l S/TE W ~_ W 6 2 W Y J J Z I ~ ' N CITY OF A'iY; TR /344/ RANCHO CUCAMONGA TrrL~ EN(}II~II~ DtvretQN ~ y RESOLE"TION N0. ~`7' ~ 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR POSTPONEMENT OF APPROVAL OF CCBR'S FOR TRACT 13441 YIHEREA.`., :., mess tn~ requirerents, as a prerequisite to approval of building per~aits for Tract 134x', the subdivider of said tract, The Nilliam Lyon Company, entered into an Agreement for Postponement of CCBR's; and MHEREAS, said requirements have been met by the recordation of CCAR's, document No. 89-332629 recorded in San Bernardino County, California, and the current developer, Grupe Development Company, submitted a Revocation, Release, Satisfaction and Cancelation of Agreement for approval and execution by said City. NUN, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said agreement be and the same approved and the Mdyor is authorized to execute same on behalf of said City and the City Clerk is authorized Lo attest thereto and cause same to be recorded upon said execution. f~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: October 18, 1989 TO: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Millie Yalbuena, Engineering Technician SUBJECT: Approval of Release of Agreement for Postponement of CCAR's for Tract 13442, located on Lhe northwest corrrer of YTctoria Park lane and Kenyon May RECOMIEIDATION: It is recommended that the City Council adopt the attached resolution approving the Revocation, Release, Satisfaction and Cancelatton of Agreeaent for Tract 13442 authorizing the Malyor and City Clerk to sign said agreement and to cause same to record. Background/Analysis on October 1, 1987, the City Council entered into an agreement for the postponement of CCdR's for Tract 13442. Said agreement was recorded on January 15, 1988, document No. 88-014230, Official Records of San Bernardino County, California. CCAR's have been approved by the City Attorney for Baywood Development Group, Inc., the buyer or Iract t.fggL, and recoraea on npr it ii, i5ii3, document No. 89-120014, Official Records of San Bernardino County, California. The recording of the CC6R's meets all conditions of the Agreement recorded on October 1, 1987. Respect l~y-al6mTtted, RHM:MY:sd Attachment 1 S/TE J~~ .~ v ~~~\IMw ~ TMCT ~ W ~ ,3h12 .. a Z *,~ W '~ TRALT ~ 13YY3 II, TMLT 13YYk Y 1 ~~,.r w M O!M M~ ~~ ~~, I~' Y J~~I,• AO _ V N CITY OF n'at; TiP /J442 RANCHO CUCAMONGA '~~ BNE3II~IId(} DIVISION .~ ~ ~`• RESOLUTION N0. ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR POSTPONEMENT OF APPROVAL OF CCAR'S FOR TRACT 13442 NHEREAS, to Beet the requiresents, as a prerequisite to approval of building permits for Tract 13442, the subdivider of said tract, The Nilitam 4yon Caa>pany, entered into an Agreea~ent for Postponea~ent of CCBR's; and NHEREAS, said requlreaients have been a~et by the recordation of CCAR's, docuav!nt No. 89-120014 recorded in San Bernardino County, California, and the current developer, Baywood OevelopaH!nt Group, Inc., subaitted a Revocation, Release, Satisfaction and Cancelation of Agreewent for approval and execution by said City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said agreement be and the soak approved and the MAyor is authorized to execute same on behalf of said Ctty and the City Clerk is authorized to attest thereto and cause same to be recorded upon said execution. ~/ CITY OF RANCHO CUCAMONGA STAFF REPORT OATS: October 18, 1969 L.~:6 T0: City Council and City Manager '~-!C.•-~ FROM: Russell H. Maguire, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: Approval to release Real Property Improvement Contract and Lien Agreement (85-?55440) releasing Assessor's Parcel No. 201-251-15 located at 6249 Archibald Avenue, submitted by Robert E. Reolie Sr. and Mary Lee Rea11e. It is recommended that the Council adopt the attached Resolution releasing the Real Property Improvement Contract and Lten Agreement, and authorizing the Mayor to sign said release and the City Clerk to record same. BAWO;1tODND/ANALYSIS A Real Property Improvement Contract and Lien Agreement was approved Dy Council on November 6, 1986 and recorded on November 24, 1986 as Document No. 86-355440 in the Office of the County Recorder, San Bernardino County, California. The Agreement was for the installation of certain public Improvements including, but noL limited to curbs, gutters, drive approaches, sidewalks and street pavements along a Dortion of Arch/halA avaniu. i^. !!~ Ciw cf ",arcY~o Cu~ununya campietea and accepted by the City in 1986. The lien against this property was paid for, 1n foil, on December 3, 1987. Res y submitted, ~ ~~~_-_.' L&IW:M6~{ral~ - Attachment RESOLUTION N0. ~ %' 'I ` I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, RELEASING A REAL PROPERTY 1MPROYEMEN7 CONTRACT AND LIEN AGREEMENT KITH ROBERT E. REOLLE SR. AND MARY LEE REOLLE NNEREAS, the C1ty Council of the Cfty of Rancho Cucamonga adopted Resolution No. 86-30D accepting a Real Property Improvement Contract and Lien Agreement with Robert E. Reolle Sr. and Mary Lee Re011e; and NHEREAS, said Real Property Improvement Contract and Lien Agreement recorded in Official Records of San Bernardino County, California, on November 24, 1966 as Document No. 86-355440; and NHERE.`S, said Real Property Contract and Lien Agreement is no longer required. NON, THEREFORE, BE IT RESOLYED that the City Council of the C1ty of Rancho Cucaaanga does hereby release said Real Property Improvement Contract and lien Agreement and that the City Clerk shall cause Reteasa of Lien to be recorded in the Office of the County Recorder of San Bernardinro County, California. -53 - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 ~.Y T0: City Council and City Manager ~~l_-.~~C__ FROM: Russell H. Maguire, City Engineer BY: N1111e Valbuena, Engineering Technician SUBJECT: Approvai of improvement Agreement, Improvement Security and Monumentatt on cash deposit For Tract 10246, located at the southwest corner of Haven Avenue and Hillside Road, submitted by J.C.R. Development Company Partnership and release of previously submitted Improvement Agreement, Improvement Security and Monumentation deposit accepted by City Council on August 17, 1988, from Jung !Mang E Sons Real Estate Partnership RECOMEIDJITIOM It 1s recommended that the City Council adopt the attached resolution accepting the subject agreement and security, releasing Improvement Agreement and Improvement Security accepted by City Council on August 17 ,1988, and authorizing the Mayor and the City Cierk to sign and release said agreements and authorizing the Finance Department to refund the Monumentation cash deposit. niiiu'i S i 5%oia.wmiviiii u Map and Improvement Agreement and Security for Tract 10246, located at the southwest corner of Haven Avenue and Hillside Road, was approved by City Council on MAY 20, 1987. The new Oevelo~er, J.C.R. Development Company PartnersM p, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: - Irrevocable Letter of Credit: Faithful Performance: =173,000 Labor and Material: S 86,500 Monumentation: S 3,150 ~~ clrr couwca srAFF REPOar TRACT loxoe OCTOBER 18, 1989 PABf 2 The new developer is submitting an increased amount for the Faithful Performance and Labor and Material Bonds due to additional street improvements reQuired for the development. Copies of the agreement and security are available in the City Clerk's Office. Resp~cJ~f y submitted, Attachments ~~ -- ,~ -- ._ , . _.. ¢.,_ -~Y _ . ti ~ 3 ~ ~' ~_..T ~.. ----s~ I' a ' ~, vi ,.. ,,,A ,6. us ^.... ~ 6 .: . p l '~ ASSAD CDURY ~ ~ 'I - ~~ I 9 . y ~~ ! 4• ~ ~~ ? e °} '" i ~ 7 ~ ~` ,~...ry...~ ---:. ~,~ -' y ~ .. ' , CI'T'Y OF RAiVCHO CUCAMONGA ~1GINEERING DIV~BION '~ V rrEe~: TJP /0246 N Trrt.~: EDIT: _- ~~ RESOLUTION N0. ~~• ~~ Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING Ii~ROYEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 10246 AND RELEASING THE IMPROVEMENT AGREEMENT AND SECURITY PREVIOUSLY ACCEPTED RY CITY COUNCIL ON AUGUST !7, 1988 CaliforniaNHhas~for~itsCoknsideration an ImprovCement Agreemetoexecutedgon October 18, 1989, by J.C.R. Development Caepany Partnership as developer, for the improvement of public right-of-why adJacent to the real property specifically described therein, and generally located at the southwest corner of Haven Avenue and Hillside Road; and release of previously submitted Improvement Agreement, tagrovement Security and Monumentatlon deposit accepted by City Council on August 17, 1988, from Jung Hwang 8 Sons Real Estate Partnership. NHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, HEREBY RESOLVES that said Improvement Agrewent and said Improvement Security be and the same are hereby approved, and release of previously submitted Improvement Agreement, Improvement Security and Monumentat!on Deposit accepted by City Council on August 17, 1988, from Jung Hwang 8 Sons Real Estate Partnership, and the Mayor is hereby authorized to styn said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Ct~r4 r~ "tca `,`,c~~ - ,,,,, - 57 CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: October 18, 1989 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Millie Valbuena, Engineering Technician _~, .. ,, i SUBJECT: Approval of Improvement Agreement, improve!cent Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 for 6, for DR 87-34, located on the west side of Archibald Avenue south of Base Line Road, submitted Dy ARCM, LTD., A California Limited Partnership RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DR 87-34, accepting the subJect agreement and security, ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND DR 87-34, located on the west side of Archibald Avenue, south of Base Line Road, in the Low Medium Residential District, was approved by the City r„~,~~ii on June I, 1988. The Developer, ARCM, LTD., A California Limited Partnership, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following anrounts: Faithful Performance Bond: 536,300 Labor and Material Bond: 518,150 Copies of the agreement~nd security are available in the City Clerk's Office. A letters of approval has been received from the Cucamonga County Mater District. The Consent and Waiver to Annexation Pona signed by the Developer is on file 1n the Ctty Clerk's office. Resp~ ,ly byti-tted, w Attachments RESOLUTION N0. ~q~ ~ ~j ~.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEN N0. DR 87-34 WHEREAS, the City Council of the City of Rancho Cucamonga, California, Nas for its consideration an Improvement Agreement executed on October 4, 1989, by ARCM, LTD., A California Limited Partnership as developer, for the improvement of public right-of-way adJacent to the real property specifically described therein, and generally located on the west side of Archibald Avenue, south of Base Line Road; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subject t0 the terms thereof, Ts to be done ir. coniunction with the development of said real property as referred to City Council, Development Review No. 87-34; and NHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improvement Agreement. NON, THEREFORE. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said improvement Agreement and said Improvement Security be and the same are hereby approved and the Ngyor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 59 RESOLUTION N0. n~ ~ /~,~ A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF RANCHO CUCAMDNGA, CALIFORNIA, ORDERING THE ANNE%ATION OF CERTAIN TERRITORY TO LANDSCAPE IMINTENANCE DISTRICT N0. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 87-34 NHEREAS, the City Council of the City of Rancho Cucamonga, California, 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. 3, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (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 Lake proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to Lhe Maintenance District; and to be annexedRta thelMalntenancemDistricirhavetfiledhwith the City Clerk Lhe r written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NUR, THEREFORE, THE CITY COUNCIL ~ THE CITY OF AANCMO CUCANONGA HEREBY RESOLVES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of the proper as shown in Exhibit "A" and the work program areas as described in Exhibit "D" attached hereto t0 the Maintenance District. _ including SEetl~ Tevy of a~assessments,pshalldbegapplicable~totthenterrito yct, annexed hereunder, `-lam O 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET IIGMTNiG MAINTENANCE DISTRICT NOS. 1 AND 6 CITY OF RANCHO CUCAMONGA > COUNTY OF SAN BERNARDINO t STATE OF CALIFORNIA ~-7 34 ~ ~ ~.., EIIIfIBIT 'B' PROJECT NAME: OR 87-34 N0. OF O.U. OR ACREAGE: 1.7 ac N0. OF ASSESS. UNIT: 3 unT is STREET LIGHTING MAINTENANCE DISTRICT No, of Laups to be Annexed District No. 1 --- 1 --- --- --- 6 --- --- --- -'- --- LANDSCAPE MAINTENANCE DISTRICT Turf Ground Cover frees District No. Street Naae SQ. ft. _ Sq. ft. Ea. :f Archibald Avenue --- --- 6 Base Line --- --- 8 JM: 10/19/99 l.(~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM; Russell H. Maguire, City Engineer BY: Millie Yalbuena, Engineering Technician ~> 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 Tract 13810, located on the north side of Hillside Road, 330 feet west of Hellman Avenue, submitted by Yic Patel RECDMMEMDATION It is recommended that the City Council adapt the attached resolutions approving Tract 13810, 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 said map to record, ANALYSIS/BACKGROUND Tract 13820, located on the north side of Hillside Road, 330 feet west of Hellman Avenue, in the Yery Low Residential District, was approved by the Planning Commission on August 24, 1988, for the dl vi si on of 4.86 acres infra 7 I V4i• The Developer, Vic Patel, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: =174,449.00 Labor and Material Bond: S 87,225.00 Copies of the agreemenLand security are availabie in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Mater District. The Consent and Naiver to Annexation fore signed by the Developer is on file 1n the City Clerk's office. Respec dub Ttted, ..' RHM V• AA;sd Attachments RESOLUTION N0. X 9 - ~~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, APDROVING IMPROVEMENT AfiREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TMCT N0. 13810 WHEREAS, the Tentative Map of Tract No. 13810, consisting of 7 lots, submitted by Vic Patel, Subdivider, located on the north side of Hillside Road, 330 feet west of Heliman Avenue, has been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Nap Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to aDDroval of the FTnai Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering far dedication for street and highway purposes the streets delineated thereon. NON, THEREFORE, THE CITY COUNCIL OF THE C[TY OF RANCHO CUCAMONOA, HEREBY RESOLVES as follows: 1. That sai6 Improvement Agreement be and the same 1s approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk 15 authorized to attest thereto; and 2. That said Improvement Security is accepted as Good and sufficient, subiect to approval as to forty and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. W~ RESOLUTION N0. ~ ~- ~ ~ 1 A RESOLUTION OF THE CITY COUNCIL OF THE C[TY Of RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRItORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR TRACT 13810 NNEREAS, the City Council of the City of Rancho Cucaaonga, California, 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 Na. 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 NNEREAS, 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 ormers of property within the territory proposed to be annexed to the Maintenance District have filed with the City Cierk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NON, THEREFORE. THE rrrY r°L^:^.L .,; ilia i.iTr Uh NANCND CUCAMONGA nekent NtSOLVES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the proper y 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 tf-ie Tevy of aTT'assessments, shall be applicable to the territory annexed hereunder. ~-V 'A• ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. t STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA T~ 13f3~0 P1/L[S/DE 7to~s EIDIIBIT '8' PRWECT NAME: TRACT 13810 N0. OF D.U. OR ACREAGE: 7 lots N0. OF ASSESS. UNIT: 7 units STREET LIGHTING MAINTENANCE CISTRICT No. of Lamps to be Mnexed District No. 58WL `95DOL IS,"WD--'L7~- -27;5W' 1 --- 2 -° --- --- 2 4 --- --- --- --- LANDSCAPE MAINTENANCE DISTRICT Turf Ground Cover Trees District No. Street None Sq. ft. Sq. ft. Ea. I Ran Court --- --- 20 Hillside Road --- --- 7 JAA: 10/18/89 - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspec tor~ ~; SUBJECT: Approval of Improvement Agreement Extension for Tract 10349, located on the west side of Sapphire Street at Thoroughbred Street, submitted by Halton Associates RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the sub,~ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security W guarantee the construction of the public improvements for Tract 10349 were approved by the City Council on July 2; 1987, to the following amounts. 1'OI LIII YI fC11Y1Ng10.C PIIN. NLY,WY Labor and Material Bond: 5163,000 The developer, Halton Associates, is requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. ResD Y 6ubmttted, -~~ Rlfi: Attachments ''''•~y/alton Associated 2011 eut flmircl~i vny / pwt ofllee box 775 / plenCOra. ulllomi~ 91740 / (810) VeS8505 OCt~ 5, 1989 City of lmrrho Cucamoicie Coaaauuty Developmect DepazYment Engineering Olvieion P.O. sox 607 Ran~o CUCZO~rla, Califoznia 91730 Subject: f0[' Tract >.0349 Daar Sir: We received on Octaher 3, 1989 the nvtiae of expiration of iapcvv®act agze®ent for Tract 10349 irrx.-~ri.~ ~ ~j~tiavi date of O(,~tpbet 5, 1989. We fmpectf1111y xaquest a six montlc extension OP this i~tvuemact agfeement far Tract 10349. Tract 10349 ie beitg wmtnrted and built out over three phases. ~~acdi~Plaemingin a ~~tus Ce~i abtait~ed m the fittit phase 21 h®ea in the t111yy ~. ~ O0~~Q1 of t]1e Imt mmtlce, alla+in4 us ~o~leta the~~itee~ xegtitpd shortly thecanfter, within the six mxdlm period. offsita work taainitrg is aab end gutter in ha2ae trails of -r .... ... :..v iauen iraii horse trails sl ~~r acme feI1CiR1 in , oPe Plnntirg on unfinished houses, final gradLg on unfinished houses, eeootd coat of pevirq in streets, finish grade ire ~ fepeir rn affi and 9uGter, attest reuse m homes as Should additiotml infa®tim be fegcllxed, please let uo locow. Sitfeaialy, 'iHE tAL1Q7 C7]IpANY ~~~ motive vice Ptesldent c5:cjr c~R RESOLUTION N0. X ~ - ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT Ex TENS ION AND IMPROVEMENT SECURITY FOR TRACT 10349 NHEREAS, Lhe City Council of the City of Rancho Cucamonga, California, has for Its consideration an improvement Agreement Extension executed on October 18, 1989, by Halton Associates as developer, far the improvement of public right-of-way adjacent to the real property specifically de<cribed therein, and generally located on the west side of Sapphire Street at Thoroughbred Street; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 10349; 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 CounCtl of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said improvement Security be and the same are hereby approved and the 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. 7O - CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: October 18, 2989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Snspecto~'~ SUBJECT: Approval of Improvement Agreement Extension for Tract 12659-1, located on the southwest corner of Etiwanda Avenue and 24th Street, submitted by Anton Associates RECOlK."k1TI0M It is recomeended that the City Council adopt the attached resolution, accepting the sub,~ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 12659-1 were approved by the City Council or. October 6, 1988, in the following amounts. Streets Stoma Drain Faithful Performance Bond: 1600,000 =132,000 Labor and Material Bond: 1300,000 S 66,000 The developer, Mal ton Associates, 1s requesting approval of a 12-month extension on said improvement agreement. Ceples of the Improvement Agreement Extension are available in the City Clerk's Office. Respe~ d bmitted,~ / / -- ( RIilL517 m A*_tachments 71 Tha`v/alton Associated 2011 emt 1in~nclal w.y / pwt oNiu box 775 / planoon, celifomie 9170 / )a19) 983~e305 October 5, 1989 City of Faredq ctnmmity Develapmmt Depaxtmmt FYlgineerirq Division P.O. Boot 807 Rancho Qoc~, California 91730 Subject: for 7Yad 12659-1 Dear Sir: We received the noRificatim of e>~iration of ieproveomt agre®ah fac• 7Y.x-t 13659-1 cn Octnbet 3, 1989 irdicatity tM acge®a~t vill maize this date (October 5, 1989). We ,.~r„rte+,7lY re4uest a twelve (12) mltb extaesim of this agaera~ft and enclose the Pee in the aaolalt of $251 with the required form mmwted in triplicate. 'this project is bei7g built out suer fan- phases, with the lender requiring that sad. phase Lee fifty p~e~:t sole out po-ior to the start of the nmrf. phase. An ~ of the offsil'e ieprav~rts required under the impcwemart carrot ba ot>~!eted until the final phases are oospleted. Work still tegt:ired is as follolps: t. One hares azenn 2. Two ¢oes guttefs and aperrLtals 3. Sidewalk 4. Rivirtl 5. Cos service 6. Slope plarnirg and laidacapi7g 7. Rear yard drains and dove drains 8. Fbtse tnaila with fencing, arty end gutter, swalee atd dlalre 9. Fire c¢adifq of lots Work is aufently urdenay m the secad phase of {2 lots whic3n will Imve a balmee in the third and faatln phases of 60 lake to be completed wMf laaTli'l~ve hem apptwsd aM obtained by tl» lender. should additianl inroo.•mattan b raquind, please let u. lolvr. Sineeraly, v~Y/Lw~A'~aJ'd'y` C2xrlas S~a~ ~~ Hfaantiva vine rnasident 7~- I ~` RESOLUTION NO. ~~ ~ ~~~ A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROYFlENT SECURITY FOR TRACT 12659-1 NHERCAS, the City Council of the City of RancFw Cucaawnga, California, has for its consideration an Iagroveiaent Agreea~ent Extension executed on October 18, 1989, by Halton Associates as developer, for the ia~provement of public right-of-w4Y ad,~acent to the real property specifically described therein, and generally located on the southwest corner of Etiwanda Avenue and 24th Street; and NHEREAS, the installation of such i~aprovenents, described in said Improvesent Agreearent and sub,~ect to the terws thereof, is to De done in confunction with the developa>ent of Said Tract 12659-1; and WHEREAS, said Iaproveiaent Agreeaw:nt Extension is secured and accoaganled by good aM suffleient IuproveaK!nt Security, which is identified in said I~roveiaent Agreewtent Extension. NON, THEREFORE, the City Council of the City of Rancho Cucaapnga, CallforMa hereby resolves, that said laproveaw:nt Agreewtent Extension and said Iieproverent Security be and the saaw: are hereby approved and the Mayor is hereby authorized to sign said Iagrovenent Agree~ent Extension on behalf of the City of Rancfa Cucaaanga, and the City Clerk to attest thereto. ~3 ---- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer ~ By: Steve M. Gilliland, Public Norks Inspector`~._.~.. ~ SUBJECT: Approval of Improvement Agreement Extension for CUP 85-19, located on the southwest corner of Foothill Boulevard and Ramona Avenue, submitted by Ken Ruby Company RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the subfect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreeaent. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for CUP 85-19 were approved by the City Council on September 21, 1988, in the following amounts. Faithful Performance Bond: 1214,000 Labor and Material Bond: =107,000 The developer, Ken Ruby Company, is reQuesting approval of a 6-aanth extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Resp y s tied, RIM: : s,~m Attachments RUBY MANAGEMENTCO. September 21, 1989 Monty Prescher PUBLIC WORRS ENGZNEER DEPARTMENT OF ENGINEERING CITY OF RANCHO CUCAMONGA 9320 Baseline Road Rancho Cucamonga, California 91730 Re: Plaza de Las Brisas City Ref. No. CUP 85-19 9819-9889 Foothill Blvd. Rancho Cucamonga, CA Dear Mr. Prescher: Zn accordance with your letter notification of July 28, 1989 I am hereby requesting a time extension of 6 months for our off-site improvement agreement for the above project. By doing so the new expiration date will then be February 21, 1990. 'L L~.:a lime aii or cne physlcai construction work has been completed and we are currently undergoing final inspection procedures with both cal Trans and your own inspection department. In addition to the final inspections this time extension will allow for the completion of necessary close out documentation and City Council approvals. I am therefore returning your City Improvement Agreement for time extension execuCed as requested together with our check #1419 in the amount of $251.00 to defray the cost of filing fees. 75 11845 West Olymgc BNA, • Suite 1200, West Tourer • Los Angeles, U 9p064.213/312~8600 • FAX 213/312 8661 September 21, 1989 Page 2 I trust the above information w111 be satisfactory however should you require any additional information please do not hesitate to call me. Very truly yours, KEY CONSTRUCT,~fION COMPANY nnis E. Dickenson Assistant Vice President DED/ks cc: Chris Dinan - Project Supt. Steve M. Gilliland - Public Works Inspector City of Rancho Cucamonga 7~ RESOLUTION N0. ~Q- ~ ~ .~] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, APPROVING IMPRDVEMENT ADREENENT EXTENSION AND IMPROVEMENT SECURITY FOR CUP 85-19 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 18, 1989, by Ken Ruby Company as developer, for the improvement of public right-of-way ad,~acent to the real property specifically described therein, and generally located on the southwest corner of Foothill Boulevard and Ramona Avenue; and NHEREAS, the installation of such improvements, described in Bald improvement Agreement and sub,{ect to the terms thereof, is to be done in can,iunction with the development of said CUP 85-19; and NHEREAS, said Improvement Agreement Extension 1s secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improvement Agreement Extension. NOM, THEREFORE, the City Councii of the City of Rancho Cucamonga, California hereby resoires, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the 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. 77 - CITY OF RANCHO CiJCAMONGA STAFF REPORT DATE: October 18, 1984 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector SUBJECT: Release of Bonds and Notice of Completion RECOMMENDATION: The required street improvements for Tract 13825 have been completed in an acceptable manner, and it is recoamiended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of f1, 500.00 authart ze the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of f15,000.00. Background/Analysis Tract 13825 - located on the south side of Finch Avenue between Hermosa Avenue and Kiniock Avenue DEVELOPER: Pannon Design 23277 Ventura Boulevard Noodland Hills, CA 91364-1003 Accept; Maintenance Guarantee Bond (Street) f 1,500.00 Release: faithful Performance Bond (Street) 515,000.00 Respect s t d, ~ ""~ RHM: Attachment 7g RESOLUTION N0. ~9- ~ ~W A RESOLUTION OF THE CITY COUNCIL ~ THE CITY OF RANCHO CUCAMONGII, CALtFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRALT 13825 ANB AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public improvements for Tract 13825 have been completed to the satisfaction of the 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 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. ~9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Steve M. 8illiland, Public Norks Inspecto~ SUBJECT: Release of Bonds and Notice of Completion RECOMIENDATIOM: The required street improvements for Tract 13557 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the aaaunt of 510,050.00, 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 (100,500.00. Background/Analysts Tract 13557 - located on the east side of Sierra Crest View Loop at Mt. Sherman Court and Mt. Naverly Court DEVELOPER: Marlborough Development 2029 Century Park East, Suite 1550 Los Angeles, CA 90067-3097 Accept: Maintenance Ouarantee Bond (Street) f 10,050.00 Release: Faithful Performance Bond (Street) 5100,500.00 - Resp 1 bmitted, ,--. HM: Steed'" Attachment RESOLUTION NO. ~ 1' ~ (~ A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, CALIFORNIA, ACCEPTING THE PUBLIC II~ROVEMENTS FOR TRACT 13557 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of puD11c lnproveaents for Tract 13551 have been cox~pieted to the satl sfac tt on of the City Engineer; and WHEREAS, a Not}ce of Completion 1s required to be filed, certifying the work caaglete. NON, THEREFORE, the City Council of the City of Rancho Cucaewnga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Co~letion with the County Recorder of San Bernardino County. ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1969 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector' SUBJECT: Release of Bonds and Notice of Completion RECOMMEMBATIOM: The required street improvements for Tract 13342 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bonds in the amount of 547,600 and 517,600, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to reiease the Faithful Performance Bonds in the amount of 1476,000 and (176,000. Background/Analysts Tract 13342 _ located on the east side of Hermosa Avenue betvreen 19th Street b Finch Avenue DEVELOPER: Pannon Design 23277 Ventura Boulevard Noodland H111s, Ca 91364 Accept: STREETS PRIYATE STREETS Maintenance Guarantee Bonds f 47,600 1 17,600 Release: Falthful Performance Bonds 1476,000 (176,000 Respectful) {tted, NM:SMG;Sd Attachment RESOLUTION N0. ~~ ~ ~VL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUf,AMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13342 AND AUTHORIZING THE FILIN6 OF A NOTICE OF COMPLETION FOR THE HONK NHEREAS, the construction of public improvements for Tract 13342 have been completed to the satisfaction of the City Engineer; and WHEREAS, 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 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. 83 CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: October 18, 1969 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector- SUBJFsT: Release of Bonds and Notice of Completion The required street taprovemw?nts for Tract 13542-2 have been completed in an acceptable manner, and it is recommended Loaf City Council accept said iaprovements, accept the Maintenance Guarantee Bonds Tn the amounts of f30,800 and 213,100, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of 2308.000 and 2131,000. Background/Analysis Tract 13542-2 - located on the east side of Canistel Avenue between Nilson Avenue and Banyan Street DEVELOPER: Grigsby DevelopaM•nt 8480 Utica Avenue Rancho Cucamonga, CA 91130 Acca~t~ Maintenance Guarantee Bond STREETS STORM DRAIN S 30,800 S 13,100 Release: Faithful Performance Bond Respe flTy submitted; r HM:SMG:s Attachment 2308,000 2131,000 8~ RESOLUTION N0. ~~- C~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, ACCEPTING THE PUBLIC IMDROVEMENTS FOR TRACT 13542-2 AND AUTHORIZING THE FILING OF A NOTlLE OF COMPLETION FOR THE NORK WHEREAS, the construction of public inprovemients for Tract 13542-2 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOM, THEREFORE, the City Council of the CiRy of Rancho Cucamronga 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. CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: October 18, 1989 T0: City Councll and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspector~~/' SUBJECT: Release of Bonds and Notice of Completion v~ RECOMMENDATION: The required street improvements for Tract Nos. 11606-2; 11606-4; 11606-1 and -3 Storm Drain have been completed to an acceptable manner, and it is recommended that City Council accept said Improvements, accept the Maintenance Guarantee Bonds in the amount of (27,600; (19,000; f22,000, 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 5276,000; f190,000; and (220,000. BACKGROUND/ANALYSIS Tract Nos. 11606-2; 11606-4; 11606-1 and -3 Storo Drain - located on the south side of Victoria Street between Naven Avenue and Deer Creek Channel. DEVELOPER: Grupe Development 940 South Coast Drive 1260 Costa Mesa, CA 92626 TR 11606-1 6 -3 Accept: TR 11606-2 TR 11606-4 STORN DRAIN Maintenance Guarantee Bond (Street) f 27,600 f 19,000 f 22,000 Release: Faithful Performance 8ondlStreet) f276,000 f190,000 (220,000 Respec y ubmitted, ~~~_~ Attacha~ent / RESOLUTION N0. ~9- ~ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NOS. 11606-2; 11606-4; 11606-1 AND -3 STORM DRAIN AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public iniproverents for Tract 11606-2; 11606-4; 11601-i and -3 Store Drain have been caapleted to the satisfaction of the City Engineer; and WHEREAS, a Notice of Corpletion is required to be filed, certifying the work corwplete. NOM, THEREFORE, the City Council of the City of Rancho Cucaponga hereby resolves, that the work 1s hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with Lhe County Recorder of San Bernardino County. CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: October 38, 1989 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Jeff Gravel, Assistant Planner e~3 , SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 89-0 - BLRCKM N HOM a, INC. - A request to Pre-zone approximately 25 acres located on the north east corner of Highland and Rochester Avenues to Low Density Residential (2-4 dwelling units per acre) - APN 225-152-01, 02, 03, 04, and 18. ENVIRONMENTAL ASSESSMENT ANO DEVELOPM ENT_AGREEMENT 89-03 - BLACKMON HOMES, INC. - A request to approve a Development Agreement for approximately 25 acres consisting of 76 Residential lots located at the north east corner of Highland and Rochester Avenues - APN 225-152-01, 02, 03, 04, and 18. ENVIRONMENTAL ASSESSMENT AND ANNE%ATI ON AGREEM-e NT 89-03 - BLACKMON H0f4ES INC. - A request to approve an annexation Agreement for Deve opment and annexation of approximately 25 acres located on the north east corner of Highland and onr ho cter Avenues - APN 225-152-01, 02, 03, 04, and 18. I. RECOMMENDATION: The fallowing items are recommended for approval: Development Districts Amendment 89-02, Development Agreement 89-03, and Mnexation Rgreement 89-03. (See attached Staff Report of the July 26, 1989 Planning Commission meeting.) II. ABSTRACT: The appl itant is requesting to annex approximately ~ of San Bernardino County undeveloped land into the City for the purpc se of develo of ng under City Standards. The application includes a Development Districts Amendment (Pre-zone) consistent with the General plan of Low Residential (2-4 dwelling units per acre), Development Agreement setting the development of 78 residential lots for a term of 7 years, and an application to Local Agency Formation Commission (LAFCO) for the annexation of the property from an unincorporated area in the County to the City. ~~ CITY COUNCIL STAFF REPOR? DOA 69-02, OA 89-03, EA 6 AA 89-03 - BLAC KMON, HOMES October 18, 1989 Page 2 III. BACKGROUND: A. Pre-Zone /De velaament Agreement: On JuIY 26, 1989, the Planning Commission reviewed and recommended approval of the Pre-Zone and the Development Agreement for this si*_e. The Pre-Zone request is Por Low Density Residential (2-4 dwelling units per acre), which is consistant with the General Plan designation. The Commission recommended approval of the Pre-zone at Low Residential (2-4 dwelling units per acre). The applicant concurs with the density set by the approved tract map of 78 lots and agrees to meet all City standards and pay City fees for developnen t. The term of the Agreement is seven years. B. Annexation Agreement: An Annexation Agreement is a part of this application (see attached Resolution). Through the Annexation Agreement, the City agrees to pursue annexation through the Local Agency Formation Commssion (LAFCO) and the applicant agrees to annex to the City. On April 19, 1989, the Cf ty Council approved a Resolution to begin processing to annex the subject property to the City and forwarded the application for annexation to LAFCO. C. Tax Exchange: - On July 5, 1989, this Council approved the tax exc hAenP nrnr eod innc hatwnon tho Nay anA County. This action is part of the annexation proceedings. D. Enyirgnmen tat: An Environmental Assessment has been completed by staff and all possible impacts have been su ctessfuliy mitigated and the Planning Comniss ion recommends issuance of a Negative Deciaration on the Development Districts Amendment (pre-Zone) and the- Oevelogment Agreement. IV. ANALYSIS: The project's intensity and land use fs consistent with the City's General Plan and Lhe surrounding areas. The applicant has agreed to develop the subject site to City standards or as conditioned in the County's conditions of approval. The format of the Development Agreement is modeled after the Ahmanson Annexation 88-04 which was approved by the City Council in January of this year. 1 CITY COUNCIL STAFF REPORT ODA 89-02, DA 89-03, EA & AA 89-03 - BLACKMON, HOMES October I8, 1989 Page 3 the subject Development Agreement outlines the responsi6ili ti es of the City and the Oevelo per. The Developer agrees to develop at City standards or as conditioned in the County Conditions of Approval approved by the Board of Supervisors in December of last year. In addition, Developer will participate in a Mello Roos Community Fecil ities District which will mitigate the impaction to the Schoot Districts. The term of the Agreement will last a period of seven years. V. FACTS FOR FI NGI NG: All the facts fnr findings can be made. VI. CORRESPONDENCE: These items have been advertised as a public hearing in the Daily Report newspaper, the property posed, and notices sent to all property owners within 300 feet of the project site. VI[. CONCLUSION: The Planning Commission recommended aDProval of the approving Development Districts lmendment Pre-Zone 89-02 and Development Agreement 89-03. Staff recommends that the City Council concur and approve Annexation Agreement 89-03. Re ally sub , /Br d B leJ ~/ /// City Tanner BB:JG :sp Attachments: Exhibit "A" - Vicinity Map Exhibit "8" - Project Map Planning Commission Staff Report of July 26, 1989 Planning Commission Minutes of July 26, 1489 Resolution Approving Annexation Agreement Ordinance Approving Pre-Zone Ordinance Approving Development Agreement 9O CITY C+F RANCHO CUG~1M(xvC,~ PLANNING gVLS70N n L/ `\~ NOR'T'H ITEM: ~NrEXAT1oN ~a07 TITLE: vla~rv MAP EXHIBfT':~• SCAL6ri~E ~ fi ~~ Q f cAAre ~ c~oMM<~iMTr ~ 2 ~ i ~ ~ F ~ ., Te ~a % 4 \ ~ , ~ ~~ I %; Ni~i+c.~~vo I ~ -_ i./N.jipE w. A 4 ..~ b~ by .b ~~ ti 4 F l ' ~ ~J NORTH CIT~+Y C~~~y'~ ITEtib AMIExAraH eaoa RA1~C1V C1i~11VM~A.I/I TITLE MAP PLANNING DIVLSION Q~ EXH18ff~ 'B' SGLE r+orE 1 r r~ ' • ^~ r. /, r "~ 0 h ~ ~ / Z ,, ~ ~ C~ C~t/NTY C~ '~ l:r' ~ ~. svr. m I Avsv~.Y - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 26, 1989 T0: Chairman and Members of the Planning Commission FROM: Brad Boiler, City Planner BY: Jeff Gravel, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT DISTRICT - - reques o pre-zone approx ma e y acres o vacant land located at the northeast corner of Highland and Rochester Avenues to a density of Lan-Residential 12-4 dwelling units per acre) - APN: 225-152-01, 02, 03, 04, d 18. (Continued from June 28, 1989.) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 89-03 e~wxrun runes rhL. - a request to approve a uevelopment regimen or approxlmatety 25 acres, conslsLing of 78 lots at approximately 3.2 dwelling units per acre, located on the northeast corner of Highland and Rochester Avenues -APN: 225-152-01, 02, 03, 04, d 18. (Continued from June 28, 1989.) r nottonrT' TM^ '~~~!2t!^.::. far 1 ~:::• -'r,t ^ ! t `T,u`^clt pre-zone and Develo scent w«~ p Agreement are part of~ a~ packs a of actions for development of 78 units (County approved tract map 13835 - see Exhibit "C") on 25 acres of undeveloped land located on the northeast corner of Highland and Rochester Avenues. The applicant has requested annexation to the city. M apDli cation for annexation has been filed by the City with the San Bernardino County Local Agerrcy Formation Cosw15s1on. - II. DROJECT AND SITE DESCRIPTION: The applicant is requesting the pre-zon ng o approx ma e y 5 acres of undeveloped land as part of annexation proceedings and in preparation of development. M application for approval of a Development Agreement fora term of 7 years is also requested. A. Surrounding Land Use and Zoning: North - Existing singie residence, within the County Nest Foath111s Conwunity Plan designated RES 4 (4 dwelling units per acre). PLANNING COIMISSION 1FF REPORT DA 89-03 d DDA 89-02 - BLACKNON NgiES July 26, 1989 Page 2 South - Foothill Freeway !Route 30) corridor. East - Vacant Flood Control (Day Creek Channel)/County Hest Foothills Community Plan designated RCN (Rural Conservation) . Nest - Ca ryn Planned Community, City designation Low Residential (2-4 dwelling unt is per acre). B. General Pian Ceslgnattons: Protect Site - County General Plan is RES. 4 (4 dwe111 ng units per acre). City General Plan 1s Low Residential (2-4 dwelling units per acre). North - County General Plan is RES. 4 (4 dwelling units per acre). City General Plan 1s Law Residential (2-4 dwelling units per acre). South - City General Plan is Flood Control. East - County General Plan is RCN (Rural Conservation). City General Pian Low Resldent/a1 Flood Control. Nest - City General Plan is Low Residential (2-4 dwelling units per acre). C. Site Characteristics: The site is vacant and undeveloped. ,_ _,_ ~ w nnrrMact oortton of the City, the site is on an alluvial fan, sloping to the south. Vegetation on the site consists of mostly alluvial fan scrub Drush. The soil is coarse, mostly boulders, rubble and cobbles. III. ANALYSIS: A. General; The purpose of the annexation is to proceed with p ens or residential development and to participate 1n financing alachanisms for lnfrastructurc which are 1n place or to be in place in cooperation with the City. M application for annexation has been filed 6y the City with the San Bernardino County Local Agency Fonxetlon Comaission, The applicant has not filed any further project applications with the County preferring to process through the City. The following analysis summarizes the, main points of the proposed Development Agreement. PLANNING COMMISSION FF REPOR7 OA 89-03 d DDA 89-02 - BLACKMON HOMES July 26, 1989 Page 3 B. Oensi ty: The City's General Plan designation for this site is Low~lesidentlal (2-4 dwelling units per acre). On December 19, 1988, the County of San Bernardino approved a tract map consistl ng of 78 lots. The density of the approved tract map is approximately 3.5 dwell ing units per acre. The County's General Plan designation for this site is ReS. d (4 dwelling units per acre) and the City's is Low Residential (2-4 dwelling units per acrel. Therefore, the designations of the County's and City's General Plans are consistent regarding thts site. C. Off-site improvements: The applicant will provide street Tmprovemen s on ocnester and Highland Avenues. fie improvements will be to City standards. Specific improvements by the applicant are identified in Exhibit "C" of the Development Ogreement. D. Reimbursements: The applicant may request a credit against requ re ra nage fees and road improvements fees to regards to infrastructure construction that exceeds the demands of the project. E. Fees: The applicant wil". pay the usual Ctty fees which will ~e -frozen to the current fee schedule for 12 months upon approval of this agreement. F. Special Districts: The Devei opamnt Agreement will regal re the par c pa on n special districts as needed to provide Infrastructure for development, including a Melia-Roos Ft re Ri <}rl rt a"A ~ n~ia _~ i`vte~LIUII UISLr/LL. G. Schools: In regard to school impacts to the Etiwanda School s r c as required by the District, the applicant wilt be required to pay fees based on the square footage of each residence. In addition, Impacts on the Chaffey School District are discussed in the Environmental Assessment section of this report. H. Parks: AS aptl~ved by Coamuntty Services, the applicant wtil pay park fees instead of setting aside any Land for parks within the development. I. Term: The term of the agreement will be seven (7) years. IV. ENVIRONMENTAL ASSESSMENT: Staff has completed the initial Study an rev ewe a nv romaental Checklist, Part II of the Initial Study, and has found /mpacts that could occur but will be mitigated. 9-5 PLANNING COMMISSION iFF REDORT DA 89-03 A ODA 89-02 - BLACKMON HOMES July 26, 1989 Page 4 One of those impacts identified 1s student enrollment to the Chaffey School District. In a letter dated June 14, 1989, Steven Butters, Director of Business Services for the Chaffey School District, recommended two measures to mitigate the potential impact: 1. Blackmon Homes Inc. or designee not being penni tied to pull butidi ng permits until after state funding for Rancho Cucamonga Ntgh School is secured or; 2. Blackmon Homes inc. tract participate in a Mello-Roos Community Faci if ti es Dlstri ct or some other funding mechanism to augment development fees. Within the attached Development Agreement of this Staff Report, Mr. Butters recomnendatlon of number 2 has been irrcorporated. (See Section 3M of the Development Agreement.) Mother potential impact, vehicular circulation, has Deen addressed and mi tlgated, through the provision of acceleration and dec eioration lanes and fair share contribution for a traffic signal per the at~ached County Conditions of Approval and the Development Agreement. Based on the above findings, staff recanmmends issuance of a Negative Declaration under the Call forma Envl ronmrental Quality Act. V. FACTS FOR FINDINGS: The followino findinas mev ho nmde h_v •tia "rianh~ng Commtss ton for Development Agreement 89-03 and Development Districts Amendment 89-02. A, The intended land use is compatible with the surrounding land uses in terms of circulation and intensity of use. B. The project will not have any adverse environmental impacts that cannot be mitigated. C. The proiett frin conformance with the goals and objectives of the General Plan. VI, CORRESPONDENCE; This item has been advertl5ed as a public hearing n e a e ort newspaper, the property posted, and notices sent to a proper y owners within 300 feet of the project site. 9~ PLANNING CDMMtSSIDN , .OFF REPDRT DA 89-03 d DDA 89-02 - BLACKMDN NDMES July 26, 1989 Page 5 VII. RECDiMENDATIDN: Staff recomaends that the Planning Commission a o~pf~ia -attached Resolutions recommending approval of Development District Amendment 89-02 and Development Agreement 89-03 W the City Council. Respectfully slbmitted, r~-- ~' Brad Bulier City Planner BB:JG:sp Attachments: Exht bit "A" - W ti nity Map Exhibit "B" - 51te Map Exhibit "C" - Tract Map Resolution Recommending Approval of DDA 89-02 Resolution Recomwending Approval of DA 89-03 f {ncludi ng the Development Agreement 89-03} 97 Cha MCNteI opened the public hearing. Al We trick, ral Partner, stated he agreed with the slat ort and was available to a questions. Hearing no further t ny, the public hear ing wa ed. Commisst~ner Ch i[iea state geared to De, y straight-forward division and she supported the ProJec t. ~-'" Chairman McNiel asked if the par -area was appropriately divided fn re lati,n to the bui ld irgs. Ms. Kroll responded that t ark ing relate the buildings appropriately and Standard CoMit ion 5 ided for rec iproca s. Motion: Moved by t1ea, seconded by Weinberger, opt Che Re solution approving Envir ntal Assessment and Parcel Map 1250 Lion tattled by the follow in e: AYES: OMMISSlONERS: CHITIEA, MCNl0., WBINBERDER NOE COIMISSi0NER5: NONE 0. ENVIRONMEN' BCA'CKFRfFi-R vacant-Tan Avenues to APN• ?25 '. E. ENVIROMIEN' m.. - n request at the north 1ty of Low Rss1A u2, U3, 04, L 18. >f Highland aM oM. ;te. iwsiiirig units Per acre) - ireai June 28, 1989.) tm. - r request cv approve a ueveivpeaanc ngreawnc rvr apprva~mateq co acres, consisting of 18 lots at approximately 3.2 dweliinq units per aerx, located on the northeast corner of Highland and Rochester Avenues • APN: 225-152-01, 02, 03, 04, 0 18. (Continued Troia June 28, 1989.) Jeff Gravel, Assistant ?lamer, prosented the staff report and wggested minor wording charges 1n par8grsph 7 of the Oeveloparnt AgYeement regarding lndemntficatian. He stated the changes had ban roiluested by the City Attorney. Chairman McNtei opened the public hearing. Jeff 9lacknipn, applicant, reQuested that the nunber of side-on garages be reduced from the 504 mentioned to tM Archltactural and Design Guldellnas. He Planning Commission Minutes -1- July 26, 1489 9~ stated that because of the slopes, too aU Ch of the rear yards would be consumed by side-on garages. He suggested staggering the garages aM setting some back an the tats to provide a varied look. He felt the protect should enu late Che Vln loge Caryn pro,lect, which has all front-entry garages. Chairman McN1e1 stated the requirement had been included to avoid the look of perpetual garage doors feu nd in some sta rdard tracts. He felt that the 501 requirement should be left in the Ay reement. He stated the policy had been adopted after the Caryn Development Agreement and he did not wish to make any charges to the number. Mr. Bloc k-nn asked if any charge could be made in the future if it is found that the rn~eber does not work. Commissioner Ch it tea stated there was already latitude for reduction in 51 increments down to 20% by submitting additional floor plans. Ralph Hanson, Oeputy City Attorney, suggested that the wording 6e charged from "Developer shou td consider..." to "Oeve toper shalt provide..." Pat Thomas, 10575 Rt ng, Rancho Cu camorg a, stated that students would be going to Etlwa nda High, which was already irrp ac fed, and she asked when homes Wald 6e built. Chairmen McMiel stated that he did not know and indicated that the school Issue and school construction schedule is a state matter. Hearing na further testimony, the puD 11C hearing was dosed. Brad Buller, C1ty Planner, stated chat tM Architectural and Oes79n Outdelines were modeled after the Etlwanda Specific Ptan. He stated the developer could provide a smaller percentage of side-on garages Dy providing add ttional floor plans. He sa td the Oevelopment Agreement mould noL el low the developer to request a Variance on this matter, but world require Planning Coawission and City Council approval for a modtficatlon td Lha Oevelopment Agreement. Commissioner Lhitiea felt a lot of flexibility was already built Into the guidelines. Chairman MCNtet aaned the wording should be changed W "shalt provide.' Commissioner Ch it tea stud tM City wanted to provide better nalghborMods by moving forward from Caryn, instead of emulating tt. She wDDortad the Development Otstrict AerMamnt and 4M Development Agreewnt with tM "shall provide" warding. Motion: Moved by Chitlaa, seconded by iNtlnbergar, to adoDL the Resalutlons recommending aDPrarai of Environmental Assessment and Qevetopment Oistrtct Amendment 89-02 and Environmental Assessment and Oevelopearnt Agreement 89-03 with modlflcatlons to correct tM wording of, paragraph 7 regarding tndemniflcatton and to change tM wording of tM Archttectursl and Oesign Guidelines to "shall provide.' Motion carried by CM following vote: Planning Comaisslon Minutes -4- July 26, 1989 q9 AYES: COMMISSIONERS: NOES: COfMISSI0NEA 5: ABSENT: COMMISSIONERS; • t ~ CMITIEA, MCNIEI., NEINBERGER NONE BIAKESLEY, TOLSTOY -carried h a restaurant use, located at 8034 Haven Avenue - ! Tom Gra ss istant Planner, presented the Staff report. Chairman Mc opened the pu611t hearing. Phytills Hyde, for of Operations, requested that the be Larger than f Kau se she stated they were consldeN bands for wedding lions and felt those holdtrg ba tang er bands. She sted cored tt ton 8 De removed pat fo Dy strolling ba She also requested that t permit access to the from either a main for restaurant. M'. Gratin stated that staff any main but ld lrg entrance, for fire exit. Hearing no further testimony, the puDl arln Oan Coleman, Principal Planner, led supported use of entertainment a pats controlled by the use of CM T any Use Pe Chairman McNlei stated staff d not appear to entrant! to the tar from patio aroa all M might not always be app. Late. e allowed to suing strolling may wish to have r for use of the 6 be charged to for or from the Mowing access to the bar trom the rear exit to be used only was closed. Commission had in the past a. fie felt the use could be ~{fpltcat/on process. CdnCerD whir fhb ;cCC;:a. Laxfmum far-piece band Commissioner Ch itte urnd that It would Oa accepts to allow larger balls. She stet liked tree aablenca of patio nuslc woMercd xhat would happen If r restaurants wished to use the patio. Brad Bu11sr ~ ty Planner, felt 1t might be appropriate to r written consent fr dJo/ntng Gnants in tonJunct/bn with a Tefaporary Use it. Ne fe it if toll 141on wn Inc tudad In this Entertalnamnt Denatt, i )d be c~te as put of CM policy far future Temporary Uss Permits the Co stoner Ch ittea fait entertainment at marlg0's BeacMrent Cate would rest to the cent ty Planning Commission Nlnutes -5- July 26, 1989 (~~ ORDINANCE N0. ~ ~ Q AN ORO INANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 89-02, PRE-ZONING APPROXIMATELY 25 ACRES OF VACANT LAND TO LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITES PER ACRE) LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKE FINDINGS IN SUPPORT THEREOF - APN 225-152-01, 02, 03, 04, and 18. A. Recitals (i) On July 26, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Development District Pmendment Pre-Zone, Following the conclusion of said public hearing the Planning Comm ssion recommended that the City Council adapt Development District Pmendment No 89-02. (ii) On October 18, 1989, the City Council of the City of Rancho Cucamonga condor ted a duly notf ced public hearing and concluded said hearing prior to its adoption of this ordinance. (iii) All legal prerequisites prior to the adoption of this Ordinance have occurred, B. Ordinance The City Council of the City of Rancho Cucamonga ordains as follows: Section 1: This Council hereby specifies and finds that all of the facts q<. cc r.y ;,, the "..,.~.~,,~ p„;, n, ar ciie uraina nce are true and correct. Section 2: This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Envfronmental Quality Act of 1970, and further, this Council hereby issues a Negative Declaration. Section 3: The Rancho Cucamonga City Council finds as a. The-subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. The proposed district change would oat have significant adverse impacts on the environment nor the surrounding properties; and 'OI CITY COUNCIL ORDINANCE N0. DOA 89-02 - BLACKMON HOMES October 18, 1989 Page 2 c. The proposed amendment is in confnrma nce with Lhe General Plan. Section 4: The Lity Council of the City of Rancho Cucamonga hereby approves Development District Amendment 89-02 Pre-Zoning the district designation Low Density Residential (2-4 Dwelling Units per acre) for those propertf es located at the northeast corner of Highland and Rochester Avenues. Section 5: ?he City Clerk shall certify the adoption of this ordinance and shall cause the same to be published within fifteen (I5) days after its passage at least once in fie Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. ( ~ d- ORDINANCE N0. ~ ~I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHC CL'CILMONGA, CALi FORiii A, A'rPROViNG OEVELO PM ENT AGREEMENT 89-03 FOR APPROx IMATE LY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINDINGS IN SUPPORT THEREOF - RPN 225-152-01, 02, 03, 04, and 18. A. Recitals (i) California Government Code Section 56864 now provides, in pertinent part, as follows: "The Legislature find and declares that: (a) The lack of certainty in the approval of Development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitmen*_ to comprehensive planning which would make maximum efficient utilization of resources at the least economic cast to the public. (~i Aoav, au~e Lu file eppiicant for a Development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of Development". (ii) California Government Code Section 56865 provides, in pertinent part, as follows: "My city may enter into a Development Agreement with any person having a legal or equitable interest in real property for the Development of such property as provided in this article . (iii) California Government Code Section 56865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requi ren~e nts for subsequent discretionary actions, provided that such conditions, terms, ~3 CITY COD NC IL ORO [NANCE N0. DA a9-03 - BLALKMON HOMES October 18, 1989 Page 2 restrictions, and requirements for discretionary actions shall not prevent Development of the land for the uses and to Lhe density of intensity of Development set forth in the Agreement . (iv) "Attached to this ordinance, marked as Exhibit "1" and incorporated herein by this reference, is proposed Development Agreement 89-03 concerning that property located at the southwest corner of Highland and Roc heste: Avenues, and as legally described in the attached Development Agreement. Herei.^.a liar in this Ordinance, that Agreement attached hereto as Exhibit "1" is referred to as the Development Agreement". (v) Concurrent with this Ordinance approving this Deveio Anent Agreement, the City Council has adopted an Ordinance approving Development District Pmendment 99-02 for the purpose of pre-zoning the property to Low Density Residential (2-4dwelling units per acre). (vi) On July 26, 1989, the Planning Commission of the City of Rancho Cucamdnga held a duly noticed pu6l is hearing concerning the application and concluded said hearing on that date and recommended approval. (vii) On October 18, 1989, the City Council of the City of Rancho Cucamonga held a duly noticed public hearing concerning the application. (viii) All legal prerequisites prior to the adoption of this Ordinance have occurred. 6. Ord!na nce NOH, THEREFORE, the City Council of the City of Rancho Cu ca mango does hereby ordain as fmllaws: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Pa r't A, of this Ordinance are true and correct. 2. In conjunction with this Development Agreement, an Environmental Rssessment, in conformity with the requirements of the California Environmental Quality Ae4, has been prepared. The Conmiss ion has determined that this project would not have a significant adverse affect on the environment, and hereby adopts a finding of no significant impact on the environment and issues a Negative Declaration. 3. Based upon suhstantial evidence presented during the above =fe re.^.c ed pU b!ic heartnys Cn 2.:.'ly .'8, 1989 anC October 18 1989, fnCl ud ing written and oral staff reports, together with public testimm~y, this Council hereby specifically finds as follows: I D~ CITY CWNCIL ORDI NANC'c N0. OA 89-03 - BLACKMON NOMES October 18, 1989 Page 3 (a) The subject property is suitable for the uses permitted in the proposed Development Oistrfct in terms of access, size, and compatibility with existing land use in the surrounding area; and (6) The proposed Development District pre-zone would not have significant adverse impacts on the environment, nor the surrounding properties; and (c) The proposed Development 'uistr ict Pre-Zone is in conformance with the General Plan. 4. This Council specifically finds that: (a) The location design, and prc po sed uses set forth in this Development Agreement are compatible with the character of existing Development in the vicinity. (b) The Development Agreement conforms to the General Pian of the City of Rancho Cucamonga. 5. It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. 6. This Council approves the Development Agreement attached hereto as Exhibit "1". 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least ~~~~ ~~~ ;~~~ C„i ne rL, a newspaper or general cr rculat lon puDllS hed in the City of Ontario, Ca fo rnia, and circulated in the city of Rancho Cucamonga, California. /~~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL T0: Debra J. Adams City C',erk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 DEYELOPNENT AGREEMENT THIS AGREEMENT is made and entered into as of the thirty-first day following final adoption of the ord in ante approving it (hereinafter, the "Effective Date") by and between the CITY OF RANCHO CU'CAMONGA, a municipal corporation ("City" hereinafter) and Homestead Land Develo Anent (hereinafter referred to as "Developer"), N I T N E S S E T H• A. Recitals. (i) California Government Code Section 65864 provides as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of development proJetts can result in a waste of resources, escalate the cost of housing and other development to the consumer, and di.,~rpu rage investment in and commitment to comprehensive planning which would make maximum effftient utilization of resources at the least etanomic tast to the public . -1- "(b) ,Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) Lali fo rnia Government Code Section 65965 provides in pertinent part as follows: "My city, ,may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. ." follows: (iii) California Government Code Section 65865.2 provides as "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, res trio ti OnS, and requirements for subsequent discretionary action, provided that such conditions, terms, restrictions, and requfrements for subsequent discretionary actions shall not prevent development of land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time." _p. (iv) Developer owns fee title in and to that real property consisting of approximately 25 acres in the unincorporated area of San Bernardino County now proposed for annexation to City. Said property is legally described in the Legal description Exhibit "A" attached hereto and hereinafter is referred to as "the Site". !v) City's General Plan Designation for the Site is Low Density Residential (two to four dwelling units per acre). Developer and City desire to provide through this Development Agreement specific development criteria to be applicable to the Site upon its annexation to City which will provide for maximum efficient utilization of the Site ir, accordance with sound planning principles. (vi) This Agreement is entered into pursuant to the provisions of Rrticle 2.5 of Chapter 4, Title 7 of the California Government Code commencing with Section 65864 thereof. (vii) City has determined that the use and intensity of use provided in this Development Agreement is consistent with the General Plan, (viiit As part of the process of approving this Agreement, City has undertaken, pursuant to the California tnvironmencai yuuiii.y ;..t ("DEq"."`„ the required analysis of the envi ro nmentzl effects which would he caused by the agreement and adopted a resolution documenting compliance with CEq A. (ix) As further con side ra ti an for the assurances provided by this Agreement to Developer that Developer will not be prevented from developing the Property, City ha'~re quested that Developer provide, and is willing to provide, certain additional sums and agreements to construct and transfer to the public certain additional improvements. 8. Agreement. NDW, THEREFDP,E, the parties hereto agree as follows: ~- 1. Zoning/Pre-Zoo ina Designations. The parties hereby agree that City's zoning and prezoning designation far Lhe Site hereby is de=med to be Low Residential (L`, District subject to the specific terms and provisions hereof which shall supersede conflicting standards and requirements of the Low Residential (L1 District so long as this agreement is in full forte and effect. 2, Term of the Agreement. The Lerm of the Agreement shall commence on the effective date and shall expire on December 37, 1997, so long as Development remains in ma to riai compliance with this Agreement, as from time to time amended, 3. Standards and Conditions. The following development standards and conditions shall govern the development of the Site during the term hereof, subject to the provisions of paragraph 1 here ina bove: A. City shall allow the Site to be developed to a density of, seventy-eight (78? single family lots pursuant to Tract Map (TT 13835), approved by San Bernardino County, December 19, 1988. Development of the =•=~~ •~~~~~ ~_ ~~~ ~uniurma nce wicn the city standards of the Low Residential (L` District or as modified by the County Conditions of Approval. B. If required by City as a condition of development of Lhe Site or any portico or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of 1982, the Municipal Improvement Act of 1911, the Municipal Impca~ement Act of 1913, the Improvement Bond Act of 19]5, the Landscaping and Lighting act of ]972, and any and all other available proceedings to provide for public conduit financing for the construction of public improvements required as a condition to development of the Site or any un rt inn nr nn.+;n.~ •n.,...,,.s -4- C. In lieu of the dedication of land located within the Site, Developer shall pay City's park fees required due to the residential development of the Site. Said park fees shall be tal culated in accordance with standards in effect at the time any such fees are due and owing or subject to subparagraph D. Said park fees shall be payable for a lot contained within a final Lract prior to the City release of utilities for occupancy of that lot for residential use. D. Subject to subparagraphs 2.E and F hereinbel ow, Developer shall pay any and all City fees required as a result of development of the Site, or any portion or portions thereof, at rates current at the time payable, including, but not limited to, beautification fees, park fees, systems development fees, building permit fees, and plan check fees. tbt withstanding the foregoing, the current fee schedule attached as Exhibit "D" shall be in effect for the period of twelve (12) months from the approval date of City Council of this Development Agreement and thereafter all fees shall be based on the fee schedule in effect at that time. E. No drainage fees are required. Regional drainage would be as conditioned by the County with any drainage lines needetl being installed by me nevelooer. F. Developer may request and City shall extend to Developer credit against required systems development fees only to the extent of Developer's direct construction costs incurred in con stru ct in9 oversized facilities (i .e ., facilities sued to service areas located outside of the site) which are not located within the Site, or abutting the Site. Prior to recordation, the Developer shall contrtbu to his fair share toward the future signalization of Highland Avenue at Rochester Avenue, His fair share is estimated as 614,400.00 based on a traffic report submitted by the Developer's 'reffic Engineer. See Page 1 of the County Conditions of Approval. -5- G. Developer shall consent to the creation of an assessment district or districts to provide for the construction and maintenance of any and all lighting and landscaping within public rights-of-way within the Site or abutting the Site pursuant to the Landscaping and Lighting Act of 1972 or, if applicable, Developer 5ha 11 consent to an annexation or annexations of the Site or any portion or portions thereof to an existing assessment district fo rmul=ted under said Act for that purpose. H. 1f required by City a5 a condition of development of the Site or any portion or portions thereof, Developer shall consent to the application of the Mello-Roos Facilities Act of 1982 thereto, or Developer contribution of equivalent funds, to construct regional drainage facilities. [. Development of the tract shall be in conformance with the requirements of the City Development Code Exhibit "E" Architectural and Design Guidelines, and the County Conditions of Approval and shall proceed through the standard City design review process. J. Developer ;hall provide each prospective buyer written notice of the potential Fourth Street Rock Crusher project in a standard format as determined by tha city Planner ~ .,. ,..,.:..,. .,____,. . property. K, Developer shall Drovide street improvements as set forth in Exhibit "C" Supplement to County Conditions of Approval for Tract 13835 regarding street improvements of Rochester Avenue and Highland Avenue. L. Developer shall consent to the annexation to the Community Facilities Df str ict 88-2 in order to provide for continuous law enforcement services for the project. M. As determined by the affected school districts, in regards to school student population impacts, the applicant shall consent to, or particfpate in, the establishment of a Mello-Roos Community Facilities District pertaining to the project site to provide in conjunction with the -8- applicable School District for the construction and maintenance of necessary school facilities prior to the recordation of the final map or the issuance of building permits, whichever comes first. However, if any School District has previously established such a Community Facilities Distrfc t, the applicant s ha 11, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, it the affected School District has not formed a Mello- Roos Community Facilities District within twelve months of the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. N. Developer will provide each buyer with a detailed disclosure statement of all taxes and assessments on the property. Said disclosure statement shall first be approved by the City Planner. D. Developer shall comply *to all Conditions of Approval set forth December 19, 1986 by the San Bernardino County Board of Supervisors for tract 13835 (see Ez hf bit "B"), 4. Applicability of Citv Ordinances. Except as expressly modified herein, all su bs to ntfve and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, its Oevelo pment Code, building code, electrical code, fire code and plumbing code, as amended, shall apply to the development of the Site pursuant to this Deve'~opment Agreement, Further, any terms or phrases contained herein for which there are definitions proof ded in City's said Development Code shall be deemed to be utilized in accordance with those definitions. .7_ 5. Relationship of Parties. It is understood that the contractual relationship between Cf ty and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. General Conditions, The parties further agree as follows: A. Except as expressly set forth in this Agreement, no representations of any kind or character have been made to one another 6y any of the parties hereto or by any of the parties' agents, representatives, associates or attorneys with respect to each subject to which this Agreement relates. 8. This Agreement contains the entire agreement of the parties with respect to each subject to which it relates. C. This Agreement can only be amended in writing, which writing must first be executed by all of the parties hereto. D, No provision of this Agreement may be waived, except in writing, which writinq must be executed by all nP hhe narhiee ee..,.,. E, The parties hereto each agree that they shall execute and deliver to the other, upon request so to do, any and ail documents reasonable and necessary to accomplish or evidence the agreements contained in or contemplated by this Agreement. F. In the event that any party should default in one or more of its obligations provided in or contemplated by this Rgreement, the defaulting party shall pay to the other all ezpen ses incurred in connection with efforts to enforce such obligation, inc ludfng reasonable attorneys' fogs and costs, whether or not suit be commenced. -8- G. This Agreement, all other documents and agreements provided in or contemplated hereby, and all rights and obligations arising therefrom shall 6e binding upon and insure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. ?. Indemn!fica Lion. Developer agrees to, and shall, hold City and its elected officials, officers, agents and employees harmless from liability for damn ne or claims for damage fer personal injures, including death, and claims for property damage which may arise from construction operations of Oev el oper or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the construction and operation of the Project, excluding claims made from injuries or damages to, or occurring on, public property. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project, excluding claims made from injuries or damages to, or occurring on, public property. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the ope ra tior.s referred to in this Cevelopment Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Pro.iec t. 8. Ass ignme nt. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of this Site (as may be subsequently subdivided?, to any person or entity at any time during the term of this Development Agreement. Any such transfer sha 11 be deemed to include an assignment of all rights, duties and obligations created by -this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer sha 11 relieve Developer, without any act or concurrence 6y the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. -g- 9. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 et seq. 10. Minor ILnendments to Develo oment Plan. Upon the written application of Developer, minor modifi ca lions and changes to the Development Plan may be approved by the City Planner pursuant to the terms of Section 11.02,OIOA ("Minor Revisions--Administrative") rf City's Development Code and substantial changes to the site may be approved by the Planning Commi scion pursuant to the terms of Section 17.06.010 (Design/Development Review). I1. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within sixty (60) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breath or de fa ul*_ if said breach or default cannot be cured wf th in sixty (60} days (provided that acts to cure the breach ar default must be commenced within said Sixty (60) da vs and must thereafter ho n;tino.,r7,. ..,,n .... Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive rel tef against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate, 12. Event of Default. Developer is in default under thfs Agreement upon the happening of one or more of the following events or conditions; -10- a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. If a finding and determination is made by City following an annual review pursuant to paragraph 14 here inbe low, upon the basis of substantial evidence, that Developer has not complied in good faith with any ma teriai terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 11 he reins bove; or c. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 11 here inabave. 13. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperfo nuance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or enti t,y, other than Cit v. A11 nthor ~a~n+.,, ,. ,..~ _..__._- -- .... ~ ~- cye itJ which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement sha 11 be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 14. Annual Review. Ou ring the. term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual re part with City indicat!ng informotion regarding compliance with *_he terms of this Development Agreement na later than July 15 of each calendar year. -11- If as a result of such annual review, Li ty finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with any of the terms of conditions of this Agreement, City may terminate this Agreement. 15. Covenants Run with Lhe Land. All of the provisions, terms, covenants and obligations contained in this Agreement shall be binding upon the parties a.^.d their respective heirs, successors (by an?rger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the Property, or any portion Che reof, whether by operation of law or in any manner whatsoever and shall inure to the benefit of the parties and their respective heirs, successors (6y merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants rv nning with the land pursuant to applicable law, Each covenant to do or refrain from doing some act on the Property hereunder (A) is for the benefit of and is a burden upon every portion of Property, (D) runs with such lands and (C) is binding upon each party and each successive owner du ri,^,g its cane rs hip of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such lands, or any oo rtion thereof. anA shall benefit nark na rrv and ;r~ l~~ee hereunder, and each other person succeeding to an interest in such lands. Notwithstanding any of the foregoing or in this Rgreement to the contrary, any assignee or transferee or mortgagee which acquires any right or interest in or with respect to the Property or any portion thereof shall take and hold such rights arnl interests subJect to this Agreement and shall not have been deemed to have assumed the Developer's obligations or the other affirmative duties and obligations of Developer hereunder except: (i) to the extent that any of such ass ianees, tra ns Perees or mortgages ha~~e expressly assumed any of the duties or obligations of Developer hereunder; -12- (ii) if any such assignee, tra rs fe ree or mortgage accepts, holds, or attempts to exercise or enjoy the rights or interests of Developer hereunder, it shall have assumed the ohligat ions of Developer; and (iii) to the extent that the performance of any duty or obligation by Developer is a condition to the performance of a covenant by Developer, ;r shall cort inue tq be a condition to Developer's performance hereunder, 16. Mo rtgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish qr impair the lien of any mortgage made in good faith and for value and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, by a mortgage (whether under or pursuant to a mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise), shall be subject to all of the terms and tonditi ons contained in this Agreement. No mortgagee shall have an obligation or duty under this Agreement to perform Developer's affirmative cgvenants of Developer hereunder, or to nua ra rr<e ,~~. ,s,,.... __-. "_ ° 'nCcyt that to the extent that any covenant to be performed is a cgnditf on to the performance of a covenant by City, the performance thereof shalt continue to be a condition precedent to City's performance hereunder. Each mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the rete ipt of such notice from City to cure or remedy, the claim of default or noncompliance set forth in the Lity's notice, [f the default is of a nature which can only be remedied or cured by such mortgagee upon obtaining possession, such mortgagee shall seek to obtain oossession with dil;gence and continuity through foreetosore, a receiver ar otherwise, and shall thereafter remedy or cure the default or noncompliance within thirty (30) days after obtaining possession. if any such default or noncompliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such mortgagee shall have such additional time as may be -13- reasonably necessary to remedy or cure such default or noncompiia nce if such mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 17. Notice. a,y notice required Lo be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as aay bz later specified by the parties hereto. To Developer: Homestead Land Development 23470 Ol ivewood Plaza Drive, Suite 240 Moreno Valley, California 92388 Attn: Stephen L. Heinsohn To City: City of Rancho Cucamonga 9320 Base Line Road, Suite C P.O. Box 807 Rancho Cucamonga, California 91129 Attn: Jack Lam, City Manager 18. RefnrA inn. in a and an~o u:~6 ~~~i fc rG ;,; wrci ~iwcuC wue Section 65868.5, a certified copy of this Agreement shall be recorded with the Recorder of San Bernardino Co unty> California, immediately upon this Agreement becoming effective. [N WITNESS NHEREOF, the parties have executed and entered into this Agreement. as of the effective date of the ordinance approving this Agreement. -14- CI iY OF RANCHO CUCAMGNGA Dated Dated: Dated: By Mayor By City Clerk OWNER: HOMESTEAD LAND DEVELOPMENT By -15- STATE OF CALIFORNIA ) ss. COUNTY OF ) On 1999, before me, the undersigned a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Pu blit in and for said State -16- . ~ ,. r~rt rn r u;iv[.r.[ ur LOCAL..AGENCY_FDAMaTSOILGOt9fIS5ION__ ++++ra no ._1f3 LOCKWOOD ENGINEERING City of gaucho Cucamonga Uffected Agency)art 3113789 b SURVEYING COMPANY, INC. _(ulackmun uomasa J[pplirantl_~ er _CW.- ]ee wear Foomnl Boulwerd ANNEXATION LECAL OESCRTPTION 9701 nbilo talllomu 93]re o[xeerwr _ _ eta vo LEGAL DESCRIPTION All that portion of [he Nest 1/2 of Che EasC t/2 of [he Southeast 1/4 of Section J0, T. t N. 8. 6 N, $, B. B, 6 N. being more particularly described as fo llova: Beginning at the No rChvest corner of the South 1/2 of the South 1/2 of Che Northeast 1/4 of the Southeast 1/4 of said Section 30; Thence 5 84.75'04" E along tiu North !ine of said Suuth ij 2, South 1/2,Nartheast 1/4, Southeast 1/4 a distanne of 660.OC fe¢t; Thence S 0'02'02" N a distance of 329.87 feet Go [he South line of aaid Northeaa[ l/4, Southeast 1/4 Sect ien 30, Thence S 89'35' 21" E along the aaid Iine a dlatance of 2.91 feet to the Nc rtheasC corner cf the Nest 1/2, Southeast 1/4, Southeast 1/4 of said Section 30; Thence 5 0'04'02" N along the said East line of the Neat 1/2, Southeast 1/4, Sou[heaat 1/6 of Section 30 a dls [ante of 1791.48 feat to Chs South line of sa ld Section 30 being [he existing flanche Cucamonga city llm l[ line: Thence N 89°76'09" N along the aaid South line a dlatance of 662.15 Feet to the Southwest corner of said South asst 1/4, Southeast 1/4, Section JO{ Thence N 0' 02'02" E along the sa Sd Nea[ line ofthe East iJ2, Southeast 1/4 Section 30 a dlatance of 1649.55 feet to Che true point of begining No.91o1~ ~ EXN~IT'Ae \ * im i:dl u * 170 TiIE OEVlLO~MENT AORE81iEN~ ~~~T-d9 ~/3EJ~ LAND MANAGEMENT DEPARTMENT cmroRERIREciaEc 3B6 North Artowhs,d Au,nus • S,n Bern,rdlm, CA 94416-0180 • (7111 387AYai 1 IY Sanuary 20, 1989 Expires: December 19, 1991 Jeff Blackmon Lockwood Engineering & Blackmon Homes Surveying Co., Inc. P.O. Box 5269 P.O. Box 396 Riverside, CA 92517 Rialto, CA 92376 RE: 745WVL88004251DC01 W199-62 745WVL88004251TT01 TR 13835 Dear Sirs: COUNTY Of SAN BERNARDINO ENVIRONMENTAL %IBUC WOPo(S AGENCY JONN N. JAOUESS Ldntl M,nepement Director OFFICE OF PLANNING Sharon W. Hghtower CovntY Plamm~p Olricer OFFICE OF SURVEYOR Clautle D. Tomlinson, L,S. County Surveyor OFFICE OF BUILDING AND SAFETY Lorry L. Schoelkopl, P.E. copmv epnalna oum„I This will advise you that after completion of the environmental review process, and due consideration thereof, the above-referenced project was conditionally approved by the County Board of Super- visors at its meeting of December 19, 1988. Said project was found to be in compliance with County policies and regulations and was approved subject to the conditions as set forth on attached pages 1 of 15 through, 15 of 15. I11 accordance with the San Bernardino County Development Code, Section 84.0205(i), all requirements specified on the attached _ •\.1 .. 4Mi.-M.r _..~.. I~c\ ~1hn ~ifnr 4_Fn .i ~fn o f~this `letter,-or the Conditional Approval is void. one (1) extension of time not to exceed three (3) years may be granted. A written request must be submitted, with the appropriate fee, to the Public Information Counter at the address above, prior to the date of expiration. PLEASE NOTE: This will be the only notice given for the above specified expiration date. The applicant is responsible for initiating extension requests. Sincerely, a EPWA/LAND MANAGEMENT DEPARTMENT OFFICE OF PLANN~ING~ TERRI RAHHAL, Associate Planner West Valley Planning Team cc: Surveyor/Land Dev. Division cc: County Special Districts Environmental Health Svcs. County Fire warden Building and Safety County SharifP TR:rb AIEEXATION AOIIEEME:NT El(F~IT 'd' HLACFMON HOMES PAGE 1 OF 15 SUB/87-110/W119-62/TR 13535 Conditions of Approval 12-19-88 GENERAL REOUTRFMENT~ 1. All lots shall have a minimum area of 7,200 square feet, a minimum depth of one hundred (100) feet and a minimum width of 60 feet, (70 feet on corner lots). In addition, each lot on a cul-de-sac or on a curved street where the side lot lines thereof are diverging from the front to rear of the lot, shall have a width of not less than sixty (60) feet measured at the building setback line as delineated on the co.,posite development plan. ~. Where lots occur on the bulb of a cul-de-sac, a minimum lot depth of ninety (90) feet will be permitted. If the proposed depth is less than ninety (90) feet, a plot plan must be submitted to demonstrate that a buildable lot area is possible and to justify the lesser depth. 3. Roads within this development shall be entered into the County Maintained Road System. 4. The water purveyor shall be Cucamonga County Water District. 5. Sewage disposal shall be by connection to Cucamonga County Water District. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RECORDATION OF THE FINAL MAP: OFFICE OF BUILDING AND SAFETY 6. A preliminary soil report, complying with the provisions of ordinance 2815 shall be filed with and approved by the Building Official prior to recordation of the final map. 7. A geology report, prepared by a licensed geologist, shall be filed with and apgroved by the Building official prior to recordation. A deposit to cover the costs of the review shall be submitted with the report. An additional deposit may be required or a refund issued when the costs do not match the depoeft. The review costs shall be paid in full prior to recordation oP the Pinal map. DEPARTMENT OF ENVIRONMENTA HEA mx CFRVTI`FC 8. The following are the steps that must be completed to meet the requirements for installation and/or finance of the on-site/off-site water system and/or sewer system: * NON-STANDARD CONDITION(S) **ENVIRONMENTAI. MITIGATIVE MEASURES BLACKMON HOMES PAGE 2 OF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 Where the system is to be installed prior to recordation: The water system, fire hydrants, and/or sewer system shall be installed in accordance With requirements of the State Health and Safety Code, and in accordance with plans approved by the water and/or sewering utility and the governing fire protection authority. The plans shall be reviewed by a Civil Engineer registered in the State of California, and contain required certificates and approval signatures. It is the developers responsi- bility to submit to the OFFICE OF SURVEYOR. LAND DEVELOPMENT SECTION, a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the improvement has been installed and accepted. Where a bond is to be posted in lieu of installation of the improvement: The domestic water plan and/or sewer plan which meats the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. Tile plans shall contain the required certificates and approval signatures. A copy of the approved plan shall be submitted to the OFFICE OF SURVEYOR. LAND DEVELOP- MENT SECTION. necessary ~to install the-improvements.V y~~ V~ lv~~ a. This amount plus tan percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the OFFICE OF SURVEYOR. LAND DEVELOPMENT SECTION. b. Or, in eases where the water agency or sewering agency is'a governmental subdivision, the bond in the amount of 110 percent of the cost of instal l~tio.^. of the improvement may be placed with the agency. A signed statement from that agency stating that financial * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES HLACKMON HOMES PAGE 3 OF 15 SUH/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 arrangements have been completed shall be submitted to the OFFICE OF SURVEYOR. LAND DEVELOPMENT DIVISION. Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsi- bility that such signed statement is filed with the OFFICE OF SURVEYOR LAND DEVELOPMENT SECTION. **9. An acoustical study shall be pa rformed to assess noise levels at the development and shall be reviewed and approved by the Department of Environmental Health Services prior to recordation. Prior to issuance of building permits a report stating that the recommended mitigation measures have been implemented shall be submitted to the Department of Environ- mental Health Services. COUNTY FIRE AGENCY 10. The development and each phase thereof shall have two points of vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required in the Development Code. 11. Water systems designed to meet the required fire flow of this development shall be approved by the Fire Agency. The ~i..~.o~ auuii iur ui sii cne rire Agency with two copies of the water system improvement plans for signature and a letter from the Water Purveyor stating the availability of the required Eire flow prior to recordation. Water systems shall be operational and approved by the Fire Agency or bonded for prior to recordation. Prior to any above grade construction occurring, water for fire protection shall be operational and approved by the Fire Agency, 12. Six (6") inch mains shall be required. *13. ^ue to the project being in high hazard terrain, hydrants must be spaced at 400 foot intervals. *14. Due to the project being in high hazard terrain, the fire flow shall be a minimum of 1500 gallons per minute. NOTE: Hydrant spacing may ba increased and fire flow reduced, * NON-STANDARD CONDITION(S) **ENVIROMMENTAL MITIGATIVE MEASURES ~LACHMON HOMES PAGE 4 OF 15 SUB/87-110/W119-62/TR 13835 conditions of Approval 12-19-8H should the developer decide to install automatic fire sprinklers in all the residences. **15. Developer shall commence, participate in and consummate, or cause to be commenced, participated in, or consummated, a Mello-Roos community Facilities District for Foothill Fire Protection District, to finance a fire station to serve the development, including land facilities, equipment and operations and maintenance. The station shall be located, designed and built to all specifications of the Foothill Fire Protection District, and shall become tF.e District's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of the station, Developer shall comply with all applicable laws and regulations. The CFD shall ba formed by District and Developer by the time of recordation of the final map. OFFICE OF SURVEYOR LAND DEVELOPMENT/DRAINAGE SECTION 16. Flowage easements or San Bernardino county Drainage Easements shall be obtained where diversion or concentration of runoff Prom the site or drainage facilities dewaters onto private property. 17. Adequate rolls shall be provided on the entrance roads to t..*.e site at Rochester to minimize the possibility of street flow entering the site. 18. Adecuate orovi cinnc shall tie ...a.. the off-site tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties. 19. Adequate San Bernardino County Drainage Easements (minimum 15 feet wide) shall be provided over the natural drainage courses and/or drainage facilities. The easements shall be dzsigned to contain the 100-year frequency storm flow plus bulking and freeboard per County Standard Criteria. 20. In addition to the Drainage Requirements stated herein, other °on-site"or "off-site" improvements may be required which cannot be determined Prom tentative plans at this time and would have to ba reviewed after more complete improvement plans and profiles have bean submitted to this office. * NON-STANDARD CONDITION(S) •"ENVIRONMENTAL MITIGATIVE MEASURES BLACKMON HOMES PAGE 5 OF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 *20a. Added by B.O.S. 12-19-88 *21 *22. The developar~s engineer shall obtain or provide the necessary engineering information to forward to FEMA in order to have the site removed from the flood plain. This information shall consist of copies of the plans of flood facilities now under construction, and the hydrologic/hydraulic calculations put into the format acceptable to FEMA (Hec 1, 2). *23. The applicant shall contribute his fair share to the Day Creek Channel Proj eat. The amount shall be determined by the Flood Control District, based on acreage. *23a. The tract shall not be released for occu anc until Phase Added by S.O.S. IIA o Day Cree C Anna s comp e a an operat one 12-19-BS OFFICE OF SURVEYOR LAND DEVELOPMENT/ROADS SECTION 24. Road sections within and/or bordering the tract shall be '-oi7nc~ any co.--t::..,,L=4 L~ vaiiey nuau ocancaras ano west Valley Foothills ~COmmunity Plan standards of San Bernardino County, and to the policies and requirements of the County Transportation and Flood Control Department in accordance with the Master Plan of Highways. 25. Any grading within the road right-of-way prior to the signing of the improvement plans shall be accomplished under the direction of a Soila Testing Engineer. Compaction tests of embankment ~sustruction, trench backfill, and all subgradea shall be performed at no cost to San Bernardino County and a written report shall 6e submitted to the Contracts Division of the Transportation and Flood Control Department, prior to any placement of base materials and/or paving. 26. Final plans ~..*.d profiles c*.a ~ll i.^,dicate the location of any existing utility facility which would affect construction. * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES Approval shall be obtained from the San Bernardino County Flood Control District that the site is adequately protected from the 100-year design storm in accordance with Federal E r.e rgency Management Agency (FEMA) regulations and the Court}• Develcpment code. BLACKMON HOMES PAGE 6 OF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 27. Slope rights shall be dedicated on the final tract map where necessary. 28. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to the Transportation and Flood Control Department. 29. Existing County roads which will require reconstruction ,.all remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recorda- tion of the tract map. Upon completion of the grading and paving to the satisfaction of the Transportation and Flood Control Department, the cash deposit may be refunded. 30. Vehicular access rights shall be dedicated on Highland Avenue, Future State Highway ]0, Rochester Avenue, Vintage Drive, and along the rear of double frontage lots. *31. Future State Highway 30 right of way, including any interchanges or grade separations, shall be reserved along the project frontage and shown on the map as per the Cal Trans letter of August 18, 1988. 3z. All road names shall be coordinated wi`h the County Transpor- tation and Flood Control Department, :-affic Division. 33. Road improvement plans for Highland Avenue-State Highway 30 shall be submitted to the State Department of Transportation :,p ~ «yio Laaau uivii engineer. 34. Dedication shall be granted on Highland Avenue-State Highway 30 as necessary to concur with the Master Plan of Highways. This dedication is to be coordinated with the State Department of Transportation. 35. An approved type wall or barrier shill be required along the rear of double frontage lots, and shall be constructed outside oP public rigbtrof-way. 36. All required road and drainage improvements shall be bonded in accordance with the County Development Code, unless constructed and approved prior to recordation of the Final Map. 37. Turn grounds at dead end streets shall be in accordance with the requirements of the County Transportation and Flood * NON-STANDARD CONDITION(S) *•ENVIRONMENTAL MITIGATIVE MEASURES BLACKMON HOMES PAGE 7 OF 19 SUB/B'7-110/W119-62/TR 13835 Conditions of Approval 12-19-88 Control Department, and the Forestry and Fire Warden Depart- ment. 39. Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the County. 39. Tha developer shall make a good faith effort to acquire the required off-site property interests and if he or she should fail to do so, the developer shall at least 120 days prior t~ submittal of the final map, enter into an agreement to complete the it„p rovements pursuant to Government Code Section 66462 at such time as County acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by County to acquire the offsite property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer's cost. Tha appraiser shall have been approved by County prior to commencement of the appraisal. 40. Right-of-way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary. 41. Trees, irrigation systems, landscaping required to be installed on public right of way within this tract area shall be maintained by other than the County Transporta- tion/Flood Control Department, and shall be as specified in County Transportation/Flood Control standards for tree Nl a,,:,l„y. iia iuLenance procedures acceptable to Transporta- tion/Flood Control Department shall be instituted prior to recordation. **42. Prior to recordation, the applicant shall contribute his fair share toward the future signali2ation of Highland Avenue at Rochester Avenue. His fair share is estimated as $14,400.00 based on a Traffic Report submitted by the applicant's Traffic Engineer. OFFICE OF PLANNING 43. Commitment shall be obtained, in writing, Prom the sewering agency. Said commitment shall indicate that the agency has the capacity to furnish sewer service to the subject project, and that all Necessary arrangements have bean made with the agency to supply such services. A copy of the commitment shall be filed with the Office of Planning. ~ NON-STANDARD CONCITION(S) ••ENVIRONMENTAL MITIGATIVE MEASURES BLACRMON HOMES PAGE 8 OF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-BB 44. Developer shall provide for street lighting within the tract as follows: A. Low intensity, energy-efficient street lights at all intersections; B. Install underground conduit with a pull cord (for future installation of additional lights) through the tract; C. Deposit monies with the Special Districts Department to cover all installation and connection charges for additional street lights per adopted County policy regarding light pole spacing and location. D. Prior to recordation, the tract shall be annexed to the appropriate district to provide street light maintenance. a5. subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries. 46. Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easements of record which cannot be relinquished or relocated, shall be redesigned. 47. The following building setback lines shall be delineated on the composite development plan: •~• ...+uL yuiu iuiiding seuoacx line or at least 22~feetNand averaging at least 25 Peet. B. A side yard building setback line of at least 15 feet adjacent to side streets on corner lots. 48. Four (4) copies of a Landscaping Plan shall be submitted for office of Planning review and approval. Said Landscape Plan shall include the following: - A. The required slope planting. Slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said elopes shall be protected against damage by erosion by planting with grass or ground --ver plants. Slopes exceeding fifteen (15) feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten (l0) fast on centers; or * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES BLACI(MON HOMES PAGE 9 OF 19 SUB/87-110/W119-62/TR 13&35 Conditions of Approval 12-19-88 trees; spaced at not to exceed twenty (20) felt on centers; or a combination of shrubs and trees as cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Trees 10$ 15 gal.; 40$ 5 gal.; 50$ 1 gal. Shrubs 20$ 5 gal.; 80$ 1 gal.; Groundcover 100$ coverage. R. The required street trees. C. All required walls. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block Pace, columns, or other such features to provide visual and physical relief along the wall face. D #f/. Revised by B.O.S. 12-19-E8 *E. 49. Four (a) copies of an irrigation plan shall be submitted for office of Planning review and approval when slope planting is required. Slopes required to be planted shall be provided with an approved system of irrigation, designed to cover all port lens of the slopo. A functional test of the system may be required. The maintenance of graded slopes and landscaped areas shall be the responsibility oP the developer until the • NON-STANDARD CONDITION(S) h+~ENVSRONMENTAi MITIGATIVE MEASURES Any existing trees to remain on site. Any existing eucalyptus trees to ba retained shall be topped to thirty (30) feet, trimmed along the lower fi£tean (15) feet, and cleared of all dead leaves and branches. 6BACRMON HOMES PAGE 10 CF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 transfer to individual ownership or until the maintenance is officially assumed by a County Service Area. All irriga- tion systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner. 50. A minimum number of one (1) inch caliper/15 gallon, multi-branched trees shall be planted on the iot adjacent to the street right-of-way for each of the following types of .its: A. Cul-de-sac lot - 1 tree; B. interior lot - 2 trees; C. Corner lot - 3 trees. The variety of tree to be provided is subject to County approval and to be maintained by the property owner. 51. All landscaping an3 irrigation shown on the approved landscape and irrigation plans and all required walls shall be completed or suitable bonds posted for their completion. Added by e. 12-19-88 redesigned t.-nom,-~ aocec oy u.u.8. a erns iv 12-19-88 t e Clty o prior to r< *Slc. This tract of "E" Sty Added by B.O.S. determinat: 12-19~-88 u on rev f ad scent required pt *51d. Prior to ; Added by e.o.s. shall be e 12-19-RA Rancho Cuc: an extension * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES *51b. The "A" Street connection to Rochester Avenue shall be BLACKMON HOMES PAGE 11 OF 1S SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 PERMITS 6HALL NOT BE ISSUED UNTIL THE FOLLOWING CONDZTIONB HAVE BEEN MET: OFFICE OF BUILDING AND SAFETY 52. For projects where grading is to be done, grading plans are to be submitted to and approved by the Office of Building and Safety. 53. Obtain a demolition permit for any building to be demolished. Un~'erground structures must be broken in, back-filled and inspec*_ed before covering. 54. Submit plans and obtain building permits for any required walls. 55. An erosion and sediment control plan shall be submitted for review and approval by the Buiidinq Official prior to any land disturbance between October 15th and April 15th. 56. A tree removal plan, permit and preconstruction inspection in compliance with the County's plant protected and management ordinance shall be approved prior to any land disturbance and/or remcval of any protected trees or plants. COUNTY FIRE AGENCY *57. All roofing materials used in this project shall be of a non-combustible material. Treated materials of a temporary nature will not be accepted. nnsrnn nn _c..n..EY_^ LAND DEVELOPMENT/DRAINAGE SECTION *58. A permitshall be obtained from the City of Rancho Cucamonga for work necessary within the city streets, such as storm drain connections. OFFICE OF SURVEYOR LAND DEVELOPMENT/ROADS SECTION 59. An encroachment permit, or authorized clearance, shall be obtained from the County Transportation and Flood Control Department prior to issuance of a grading permit by the Office of Building and Safety. 60• An ?ncroachment permit shall be rcquire3 from the State Department of Transportation prior to any construction within state right-of-way. * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES BEACKMON HOMES PAGE 12 OF 15 SUB/89-110/W119-62/TR 13875 conditions of Approval 12-19-88 *61. Projects subject to a building permit shall have all required on and off-site improvements, required for each phase, completed and approved prior to final inspection of any buildings or structures. The term "phase" as used here shall mean the followirq: "The block of building permits drawn on less than the whole project" or "A plan of building construction which indicates blocks of construction of less than the whole project". In each phase, the installation of any on or off-site improvements shall be sufficiently completed so as to assure protection from storm or drainage r:n off, a safe and driveable access for fare and safety, and the ordinary and Sntended use of the buildings or structures. The Building Official, with the concurrence of the office of the Surveyor, may approve any plan or approve a change to an approved plan, which complies with the intent of this policy. OFFICE OF PLANNING *62. Prior to issuance of building permits the developer shall provide certification from the appropriate school district as required by California Government Code Section 53080 (b) that any fee, charge, dedication or other form or requirement levied by the governing board of the district pursuant to Government Code Section 5308G(a) has been satisfied. 63. A final grading plan shall be required. Said grading plan shall be submitted to the Office of Building and Safety for review and approval. All on-site cut and fill slopes shall: A. Be limited to a max;m„m ^lopc .FaCiu ui a to 1 and a maximum vertical height of thirty (7D) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natural contours. ... Be a part oP the downhill lot when within or between individual lots. *64. Recommended maximum heights for manuPacturad slope banks are listed below. Vertical height shall be the measurement between the aievation oP the toe and top oP the slope including retaining walls. The natural elope for grading purposes shall be determined on a parcel by parcei basis, usi.^.g the hlgh and low elevation of the area to be graded. Maximum heights shall not be exceeded unless grading can be * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES BLACHMON HOMES PAGE 13 OF 14 SUH/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 significantly reduced by increased height. Alternative designs that would reduce slope heights are preferred. Any bank exceeding twenty-five (25) feet, regardless of length, shall have variable gradients. A. The maximum slope height where the natural terrain is ten (10$) percent or less, is ten (10) feet. 8. The maximum slope height where the natural terrain is greater than ten (lo$) percent but less than or equal to fifteen (15$) percent, is fifteen (i5) feet. C. The maximum slope height where the natural terrain exceeds fifteen (15$) percent, is thirty (30) feet. *65. During construction, measures shall be taken to control runoff from construction sites. Filter fabric fences, heavy plastic earth covers, gravel berms or lines of straw bales are a few of the techniques which should be considered. *66. Grading shall be phased so that prompt revegetation or construction can control erosion. Where possible, only those areas which will later be resurfaced, landscaped or built on should be disturbed. Resurfacing of parking lots and roadways should take place as soon as practicable, not at the completion of construction. 67. A copy of the final grading plan, approved by Building and Safety, shall be submitted to the office of Planning when graded cut slopes exceed five (5) feet in height and fill _-.pa c.,L~a.. .,... ee (3j iani. iu i:eiyi: c. SUBJECT PROPERTY SMALL NOT BE OCCUPIED UNTIL THE FOLLOWING CONDITIONS HAVE HEEN NET: COUNTY FIRE AGENCY 68. Address numerals shall be a minimum of four inches in height on a contrasting background, and shall be visible from the street. DuriDQ.the hours of darkness they shall be internally illuminated. (Standard No. 122). 69. Each chimney used in conjunction with any fireplace or any heating appliance in which solifl or liquid fuel is used shall be maintained with an approved spark arrester as identified in the Unif e_*m Fire Code (Standar3 ..,,.-„bar 13 i). * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASDRES IDII,ACKMON HOMES PAGE 14 OF 15 SU8/87-110/W119-62/TR 13835 conditions of Approval 12-19-88 OFFICE OF SURVEYOR LAND DEVELOPMENT/ROADS SECTION YI P~//~'RAF,1J9 ~RdV /N+RVNR//9Y~A~Y/k14 Revised 6y ?.O.S. 12-19-88 Revised by R, O.S. 12-19-88 enn/i/ .revised by .O.S. 12-19-88 OFFICE OF PLANNING 74. Sidewalks shall be provided throughout the tract, including all peripheral streets, 75. Utility lines shall be placed underground in accordance with the zequi rementa oP County Ordinance. * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES d73/.///N.d,EiMd.~'d d//A,le'd efty~s'/,3rbIdNY/MEJ/t~h¢5l b~/s¢t//t+f dA/P/A/XeLtibf /fd'Y.4fi c}/ih'6f,~J ptb'y~bf/fPfbirtr'af9k/ktfd /btr'/LH6'A(b~h'dd t~/Xx~,~fat/E/MYLE tkk'2XAbtf/Z.4~ ¢~'N/bf//R'~(f~t£id /lXibafdi4(~tla~/C,i-!a'ddM~i'dl/ 73. Ail required road and drainage improvements shall be installed prior to occupancy. BLACI(MON HOMES PAGE 15 OF 15 SUB/87-110/W119-62/TR 13835 Conditions of Approval 12-19-88 70. All required landscaping and walls, as per the approved landscape plan, shall be installed prior to occupancy. * NON-STANDARD CONDITION(S) **ENVIRONMENTAL MITIGATIVE MEASURES Exhibit "C" Conditions of Approval Street Improvements on Rochester and Highland Avenues A. Rochester Avenue shall be constructed full width from Highland Avenue to the north protect boundary. The vertical and horizontal alignment shall conform to the City's approved street plans, including appropriate transi tiens to altgn xith a mat or arterial on the south side of Highland Avenue. The Developer shall revise the approved plans to include the east side of Rochester Avenue, to the satisfaction of the City Engineer, prior to Issuance of an encroachment permit. The Developer shall be reimbursed for actual audited costs for constructing those improvements shown on the approved street plans for Parcel Map 9192 (Sheets 3 and 4 of Drawing No. 1215) from funds on deposit for the ultimate improvements. D, H19hland Avenue shall be constructed full width (44 feet of pavement) for the entire length of the protect frontage and for 442 feet west of the centerline of the intersection of Highland and Rochester Avenues with appropriate transitions to the existing pavement beyond those points. The Developer will be given a reimbursement agreement to recover the cost of constructing the full width permanent street improvements from future development as it occurs on the south side of Highland Avenue. C. Interim right turn deceleration and acceleration lanes for westbound traffic shall be constructed on the north side of Highland Avenue, with franca tinne ~~ .,~.~• •ti_ r~T"..,0'ta y3':Lmai~w ut `J iii euua, in conformance with the Cfty's approved plans. The Developer shall be reimbursed for actual audited costs for constructing those improvements shown on the approved street plans for Parcel Map 9192 (Sheet 17 of Drawing No. 1215) from funds on deposit for the ultimate improvements. 91M~PlENENT TO CgMVTT CONOITIONH OF APRIOYMI ANNEXATION 89-03 EXHIBIT "C" CITY OF RANCHO CtiCA.tifOYGA LOIMUNITY DEVELOPMENT DEPARTMENT FEES ~~u.viry~ ~~~'v _`~ •` '- =' G z Li 2 ~?-_ The fol ~~wing fee schedule is in effect for the eui ldi ng ar,d Safety, Cnyineering and Pianning Divisions of the Community Deveiopment Department. Please address any questions you may have about specific fees to the Department in which the fees are collected. Fees are listed within the Oepa rtment heading responsible for the fee and the key code listed below will indicate at what point the fee should be paid. I) Upon submittal for revf ew or application 2) At time of permit issuance 3) Prior to approval of final map 4) At time of plan check submittal Plannin Division Fees 1 entat r~ a-A p Sub~lttal Tract Map (1) Initial Study Part I (1) Extension of Tentd Live Tract Man 1) Planning DerelopaKnt Rerier Fees Design/Technical Review (Com'1 b Ind) Minor Development Review Res. Dev. Design/Technical Review Conditional Use Permit Specific Plan/Planned Community Envi von. Assessment (Initial Study Pt.l) Sign Permit (Individual Sign Review) Uniform Sign ProgP3Ri Review 4649 + 532/Lot or actual cost plus 205, whichever is greater fa7 $52 5251 562 (1,212 5398 (1,251 fez E32 543 (I) AaKndaknts/Variances Dev. District Amendment (Zone Change) 5649 + $32/acre General Plan Amendment (1,272 Variance 5272 Minor Eace ption 562 !I) Other Penits and Deposits Temporary Use E•D- Temporary Mod et Sales Office E72 Sales Office Cash Deposit f2,500 On-site Subdivision Stgn Cash Deposit 5628 Temporary Construction Office $126 AI'N'~'XATION d9-03 EX1+~1T 'Or ,~ (1) Appeals •Appeal of a Director (Staff Deti si on) E62 NAppeal of a Planning Commission Decision 5126 NAppeal of a Tract Map $251 •Appeai if filed through City Planner's Office AAppeal is filed through City Clerk's Office En ineerin Otvision Fees 1 entati ve Map Suh~ ttal Parcel Map E207 Initial Study, Part [ Eel Revert Subdivided land to Acreage E62 + E1.25/acre (1) Appeals iParcel Map E125 /Appeal is filed through City Clerk's Office (1) Extension of Tentative Map Parcel Map E62 (1) Certificate of Caapifance For: lot line Adjustment E186 Parcel Map Waiver E186 Mergers E186 (i) Street Vacation Request E125 (?) MonuaKntati on Surety E2,000 + E50/Lot (Cash Deposit, Refundable) (4) Nap Checking Fees Residential Parcel Maps E600 + E80/parcel Tract Maps and Non-Residential Maps of 10 lots or less Eg05 Tract and Parcel Maps over IO Lots E755 + f15/tot or parcel (4) I~provsent Plans *• Widening of Existing Streets E0.60 per lin, ft. + sheet charge for interigr streets ;ntariar Street:: i-2 Sheets f600 p er sheet 3-5 Sheets E1 ,200 + E525/sheet over 2 Sheets 6-10 Sheets f2 ,775 + 5480/sheet over 5 Sheets 1t ar More E5,175 + E450/Sheet over 10 Sheets -2- Storm Ora in Plans: Same as for interior streets Hydrology Study: Drainage areas up to 150 acres - 5600 Drainage areas over 150 acres - E1 ,200 !4) Landscape Plans: City maintained areas 5310/Sheet ••For Improvement Plans, title Sheets will rot be included in calculating clear ges unless, in the City's opinion, it also serves as a plan-and-profile sheet. Maxiws for rush jobs tilt 6e 501 greater than those listed above. Recisions to approved plans/a>ips will De charged on the Wsis of actwi costs. (2) Public Ilorks Insp. Fee S.OS of improvement cost to f25 ,000 4.Si of improvement cast next 575,000 4.OS of improvement cost over 5100,000 eufldina and Safety Division Fees 2, Bui ding Permit Varies based upon valuation of work (4) Plan Check Fee ISS of Building Permit fee (2) Drainage fee*• General City Area 550 per L/100th of net acre Eti wa nda Area q 8 B 175 Der 1/100th of net acre Assessment D!strict 5 P',anned Community No Fee (2) Street and Highway Svs terns Fee •• (2) Beautification Fee •• (Residential Only) (2) Electrical Permits ;2) Plumbing 8 Mechanieei Permits 1S of Building Valuation E0.20 per sq. ft, of gross building area under roof, or b200, whichever is greaser Calculated on a square foot basis far new residential 6uil dings; on outlet basis for existing residential buildings and other buildings. Calculated on basis of number and size of fixtures and/or appliances. ••This fee schedule is not all Inclusive -- please check with the Building and Safety Department for specific fees. -3- Conaunity Services Dewrtaront See attached fee schedule for calculations. School fees - Contact appropriate School Districts for fee amount and payment Alta Loma (714) 987-0766 Cenral (714) 989-8541 Cucamonga (714) 987-8942 Etiwanda (714) 899-2451 Chaffey High School District (714) 988-8511 Unlit Fees Lontact appropriate Utility Company, (i .e., gas, electric, water, etc. for fee amount and payment. A list of utility companies and telephone numbers is provided by the Engineering Division. Undergrounding existing overhead utilities H n-lieu fees) - see separate handout when fees are required. Current City adopted unit amounts are as follows on a per foot basis: telephone - E 75 Cable 7V - E 10 Electrical - depending upon when undergraunded as follows: 1986 and before - EIDO; 1987 - f135; 1988 and after - E128 NOiE: Letters of certiffution of capacity M11 be required frog school districts and ester districts along with proof of payment of appropriate fees prior to building per*it isswnce. 4- ~M r ~5 W W Y a • m .n J C LL ~ , c c C ~c ^ ~j T O h r'1 (1 C M rl ~ • N N a w .~+ w a w • C N '+ C = 11 O~ ~!1 M N M ut ~p O~ ~O i 0. ~ c n ~n e ~ ~ i ~ .n c o 0 i ~ s w w r « . • h C ("1 1(1 ~O LL N M N lU S Z i~ j ~ V t(f C b h ~ N O n O~ O~ O ` ^ w w w w w w W N Y T N M ~O N ~ ~ Z ~ ~ 1~ N Q ~ 1 1 J 0. w w w w w 1 ~ 4 7 ~ J ~ ~ , : -- Y • ~O • N C ~ N ~ 1 1 ' 1 1 1 1 1 ` , w O a~ O ~ a r ~ !! i ~ N {0 V j O e~ N Z o°~ as ~ ~ o s . ~ _ a o S Q g - s ° W U Q W a H ,2 V Z J J W 3 N V O I W N 0 z a J a 1 W1: ~ le 6 O lL J r of J a O x ~ C '-I i I X ; _ , ~ - ~ ~- ~ I ~ ~ - - - ~ '' ' ~' ! ~ P n 4 - e a ~ ~ ~ ~ e Y C 4 6 {V U a W a fA F 2 2 J W 3 0 N O LLj y D Z ..f 7 h M W le W I~ V. la O LL Q H O P oI i f~ ., F~ u N b b b ~q ; 1 1 I 1 i ~ ~ f ~ e y OF h N b IG ~~ p 1 1 I I 1 1 1 1 1 1 1 I e I ° 6 6 O O O ~ N I I 1 r 1 1 1 1 I I - > ~ - - N N N ~ N 1 I 1 1 I 1 1 1 ~~ s y M Q M 1 I I 1 1 V S r"o M I 1 1 I 1 1 1 1 I I I I ~ I s ~ So ~dai ., i ~ I I I I ~ I I I I ~_ S _ 6 y 4 _ _ ~ ~ 4 1 a ~ _! LL .• Y Q Q r d W Q V a W a N F Z Z J W 0 a W G O J N 2 5 F a W IS tti i O J O 4 o I ~1 4 O % ~ O ., i ~I rn rn m n OI N t'1 ~D W ~ .. m ~u ~ 0 1 1 ~ C f` W 1 ~ 1~ N ry Q n ~ N M M M N 01 O'J N L% O~ N _ n u ^ 10 ~.T G C ~ 4 p ID OI N I() - ~ Q ~ ~ L 1 1 1• w Q1 1 1 N r1 11'~ 6 oi- w ew~ w w I _ _ -- I 4 0 0 0 0 0 ~ ~ o~ ° ° m ° ° m m m w s X W W /1 N M r+ ~ n M m I >'u r n n n n f w N N N N N i C n P S T O~ O~ I M q M b M rd ~'~ f'1 Ff I Ot Y1 I N p O V N ti 1(1 M N I N I N ti 1 1 1 1 C i 6 ~ eg i° rn ~ m m ~n 1 1 i 1 o i y z ~ i 1 ~ ' .y N l'1 O Y y~ l ~O n l 1 Y w 4 6 _ w r _ Q a ~ ~ ~ i 9 J i w at a t a a s T" T T iT ~_ S S ; C - - a _ ~ ~ N ^ a o ~, I °$ ~ A W ~ N r Ci a a. , W W W W W w ' ~ y 8A I i r r N N N W ~~ V~ V1 V N a L O W N tl~ l0 W W C . - 4~ r N ~ 6 ~+ i.n y r i rw. .W.. u u W W i a a a. rn a rn V V V V W ~ ~ __ ~ _ ~ .._ W ___ i - - - ae N M M N M N ~ O O O O O O • ~ O ° O ° O O O O o o O g °o ~'d ~ ~ ~ ~ ~ «~ «.. « ...N a N 01 L W Oe ( Y Y ~ l 1 ~O W O ~ ~ N ~ m i I ~ ~ I ~ w; i -ri ` i _ T e a ~ ~' ~ x i ~ i i i ~ M M M M N ~ N v P r ~ ~ a ~ o Tl ~ tJ~ N rn O~ W ~ A N w W r v ~ r v ~. Iz x a V O % O r OV ti y T 0 a T z m T Z z v C W m m v C- v A O m r /Z Y/ C Z N m n n m a z x T m c I 's ~ ~ e ~ r _ - a ~ = 2 ~ O ,~ y n m 2 D o a ~^ ~ I A I W N 2 D I o~ 4 ~ ~ W W W W W ~ _ g. i r+ U1 W r tT N N V V1 N N ~p N Y W i ~3 O C~ O i --I ~ N ~ `.' N n ~ N n N n ~ I N ~ R j N N vi_I ~n cn I i I ~ I N O ~ M O l ~ M O 0 N O 0 M O 0 i I e o o °o °o °o ~ a N 'S a ID l ~ P ~ a V m w W :V ; ie° I ~ I W N I N I I ^ O N S O W ~+ ~O U~ N U~ ~O a T V1 r ; ^ r o 0 a r T D T rn v a m v c A N A v m C Z C JZ l N m z D A m C U a C ~:~ Lei. N I- 'LRR U J J Q 0 N ~.~. ~~•M~\J V W N n G r~ s a Y ~i O L u L x ~G 0 :' X - ~, N ~ I ~ o O ~ ~, .o ~l w N ~I I N T i., I - I~_ a ~' c I~ N N c~ ....~ N h c m 01 `. ~ n I L m ~ ~ L u I I E •• ~ 1 i I ~ I S G o o O G o c OI C G o C~ O) c C' CI C of CJ ~ I - o o c °c o °o C o~ cI o I 1 N N N N N I = C N !~ 1LI L I o ~ ~' ~ m ' ~I I ~~ 'e u~ L° ` C I i T i N O m ~ I ^ C ' t o W 's W Y ce a TENfATINE TRALT 13835 ARCNITECTIIRAL AID DESIBM GUIDELINES EXHIBIT •E' ARCHITECTURAL AND DESIGN GUIDELINES A. intent It is the intent of this article to provide guidelines for the design of structures or eleaa!nts which reinforce and establish Me character of North Etlwanda FooMtil Area. It 1s also the Intent to assure Mat new developaent De designed in a stoner Mat is smsttlve to, and coagatlbie wiM, Me character of NctArla, Caryn, EtiwanG and Me Etiwanda Specific Plan Area. Protects which in Me opinion of Me Design Review Caeaittte do not eieet Me intent of Mts artlcir shall not De recoeaended for approval. B. General Guidelines 1. Protect dKign shall be euidaA by silt-e^,ec:fi. fecmrs sacra as vlaws, arture vegetation, topography, surrounding dweloparrrt, ant slarilar considerstlons. fie use of designs and stta plans prepaM far anoMer s/q shall not be penMtted unless successfully spdifled to locai conditions. 2. Arehlteetural and dKtgn eleaants which relate to Me existing ant desired eharacter of NorM Et1wnG/FooM111s +rea m best descrlDes as: - rural, ranter Man urban - lnforsial, rather than /orslel - traditional, ranter Man eontesporary - rustic, rather Man pOilshed - iw proH1e, ranter Man eNSS1re - relating to peapie, ranter Man autaaoDllK -1- AM~EXATION 89.03 EXF~IT 'E' C. Soeclflc Standards 1. Excessive repetition of single family structures with identical floor plans and elevations shall be discouraged. Footprints and elevations shall be d?scou raged. Footprints and el evattons shall be varied per F1gurc 3-i. FIGURE i-1 Number of single family dwellings 5-10 11-20 21-40 41-60 610 81-100 Over 100 Minimum nwber of footprints' 3 4 5 6 7 8 1 additional for each 40 dwelling units over 100 Minimum number of elevations per footprint' 2 3 3 4 4 4 4 A reverse footprint of a floor plan will count as an additional footprint. Aside-on entry garage Nith an elbow driveway Nill count as an additional footprint. 2. Oweloper shall prwlde at 1«st SOS of all lots be side-on garages. Howwer, a reduction in this nQulrearnt, In SS reduction lncreaatets, dam to a aNn1w of ZOt of all garages within single faNly trsRA for side-an entry« Nhen an additional floor plan per each 5t reduction 1s prwtded and 1f approved by the planning Ca~lsslon. The intent is to discourage a nsld«t1a1 str«t 11nM w/th garage fronts. 3. ONrevareys shall not exceed 15 f«t In N1dtli through public parkNay frontages on lots less than 75 f«t 1n width. On lots 75 f«t of gnabr 1n N1dth, driveraya shall not exceed 24 f«t, N1th a FOOTPRlIff/ELErAT10M REgUII1ElE1ffS -z - sauoth transition proWded to the uitiaate driveway width within a depth equal to the parkway depth. 4. Two-story strocWrcs should not be planned for corner parcels, unless si deyard setbacks of 25 feet or greater are used. However, Ne Planning Caaalssion may consl der existing one-story portions of two-story strucWrcs not exceeding 12 feet maybe allowed a mnxlmur 15 foot street sideyard setback. 5. The project shalt be designed to a manner that 1s not only sensitive to, and compatible with the characters of the N ctoria, Caryn and EtlwarMa Cawaunities, but a1•r reinforces that character through an integrated design and architectural theme. 6. khile no specific architectural style is required, the integrated theme selected shall refiect the traditional architectural styies found to H cWr1a, Caryn and Etiwanda, including Dut not limited to those listed below. Any one of the following thews may be utilized as doNant these or they maY De interspersed. Both one and trio story buildings arc appropriate t0 the following catagortes. a. N ctorlan Characteristics: - fieldstone foundations - steep gables and rafllne - porches and verandas - bqy wlMOws - vertical wlndorn - roundrttdad windows - clapDard and fascia - bard and Datton siding - large roof pro~tetlons D. California Bungalow Cherncttristics: - hip or gablt roof/gtntly sloping front - porchts/vtrandas, tnrtchtd foundations -3- c. California Ranch Characteristics: - low, rambling - rust7c, inforsal, front porches/verandas d. Mediterranean Characteristics: - vertical lines, arching windows and entries, red L11e roofs - stucco siding e. any other integrated design style which Tn the opinion of the Design Review Cosslttee sects the intent of this article. 7. Materials, textures, and arch tectural deta111rg shell be consistent with the design these. "Stucco stone" products say be used to create stone effects, except where river rack occurs, which shall De neLtve stone. However, if any stone products are used, save portion of the units shall include native stone. 8. Along savor (collector or above) stroets and the street sides of corner lots enhanced sasonry shall be provided, sae exasples on page 6. Ail other fenctna w7 min me rear and s/dRyards shall be provided at the opttan of the builder, suD~aet to City review and approval of the deslgin and constroetlon. 9. Street side landscaping and irrigation shall be roQuired prior to occupancy. Sa1d landscape aM irrigation lsprovaslnts shall first be approved to plan forty by the Daslgn Revteir CoswfttN prior to the issuance of any building peradts. Thos! p1aM shall contain the following el swots a. 1rchltacturally designed sail boxes wA1eh which color schew is consistent with Th! dwelling units provided for each hour! by the Dullder. See exaapl• on peg! 7, _4. b. Enhanced drlvMay and front entry walk treataants, uLlltzing decorative paveaents and wl de walkways. c. In addition to the standard parkway trees, at least three 15 gallon trees per house would De planted by the budder no later than occupancy of the home. also, accent trees of at least 15 gallant in size wilt be provided in nu~abers sufficient to equal one tree per corner for each intersection within the tracts. This tree pianttng 1s to be desl9ned 1n a nenner to relieve airy aonotony of the streetscape, Derhaps by cluster planting between the hoaxes. d. Irrigated and turfed areas shall be provided for each front and corner street side lot. Paseo at the end of the "A" street cul-de-sac shall be provided, landscaped and annexed to a landscape awintenance district. -S- CONCRETE CAP vlEw FENCE PILASTERS OCCUR EVERY 6d TO 100' O.C. HEIGHT VARIES 3'-6'- 6'-6' CUT STONE VENEER STUCCO WAIL FINISH GRADE TUBULAR STEEL FENCE WITN 3/3' PICKETTS (~ 3. O.C. •BEIOE COLOR PILASTERS LOCATED AT PROPERTY LWE9 1#IGHT VARES FROM 3'3• TO 6'6• /FINISH GRADE PAfIV111i ~• w~nC un~u CURD TATN~RE ~~URF OCCURS ADJACENT TO FENCE. CONCRETE CAP PtIA TER$ OCCUR EVERY MT t07 O.C. HEIOIIT VAgE3 FgOM 3'3• TO 6'M BRIC7C VENEER STUCCO WALL FINI$N ORAOE TYPICAL FENCE/WALL TREATMENT' t AT PRIMARY ALONG PERMETER ENTRY MONUMENT SITE EOUPDARY ta• ~a• 0 ~e• ia• 0 STANDARD RURAL MAILBOXES 2'x5' GRAB SUPPORTS WITH CHAMFERED ENDS 5•xS• POST WITH A CHAMFERED TOP ANO ROUTED GROOVE RIVER ROCK BASE FINISH GRADE STANDARD RURAL MAILBOXES 2•zS• GRAB SUPPORTS WITH CHAMFERED ENDS S•z0' POST WITH A CNAMFERED TOP ANO ROUTED GROOVE BRICK BASE FINISH GRADE ~~~ ~ r-STANDARD RURAL MAILBOXES Y•z!' DRAB SUPPORTS WITH CNAMFERED ENDS ~~ S•zS• POST WITH A CNAMFERED ~ TOP AND ROUTED GROOVE STONE BASE ~••" fINISN GRADE +s NOTE: EACN AITERNATIYE IS TYPICAL MAILBOX STAND I3 SUBJECT TO ACCEPTANCE BV U.S. POSTAL SERVICE TYPICAL MAIL BOX TREATMENTS s TYPICAL MAILBOX STAND N1 TYPICAL MAILBOX STAND +F2 RESOLUTION N0. ~~. 3 ~~ A RESOLUTION OF 7HE Cl TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, C AL [FOR:.I A, APPROVING ENVIRONMENTAL ASSESSMENT AND ANNEXATION AGREENENi 89-03 (HOMESTEAD LAND DEVELOPMENT!, FOR DEVELOPMENT AND ANNEXATION OF APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES AND MAKING FINDINGS IN SUPPORT THEREOF - APN 225-152-C1, 02, 03, 04, and 18 A. Recitals (i) The owner of the subject property has requested annexation to the City. iii) The City is pursuing a change of organization (annexation) of the subject property from the unincorporated area of the County of San 6e rn ardi no to the City of Rancho Cucamonga. (iii) Attached to this Resolution and incorporated herein by reference is Annexation Agreement 89-03 concerning the subject property located at the northeast corner of Highland and Rochester Rvenues, as legally described in Exhibit "A" of Annexation Agreement. (1V1 Un ut. tuun i0, `,`,[ :ay C0~_^.'_il ^F rho rift' of Rancho Cucamonga held a duly not iced~~pu blic hearing concerning the proposed Annezation Agreement and concluded said hearing on that date, (v) All the legal prerequisites prior to the adoption of this Resolution have occurred. B, Resolution NON TNERE FORE, tha City Council of the City of Rancho Cucamonga does hereby resolve by as follows: 1, This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Reso tution are true and correct. 2, In wnju ntticn r:i t,". this A~nezatien AgreemPO t, Sn conformance with the requirements of the California Environmental Quality Act, an environmental assessment has been prepared. The Council has determined that this appl icatinn would not have a significant adverse effect on the environment, hereby adopts a finding of no significant impact on the environment, and hereby issues a Negative Declaration. ~?~ CITY COUNC [L RESOLDTION N0. DA B9-03 - BLACKMON HOMES October 18, 1989 Page 2 3. The Cou nc ii specifically finds that: (a) The annexation conforms to the General Plan of the City of Rancho Cucamonga: and (b) That the public necessity and general welfare require the approval of the Annexation Agreement. a, The City Co uncii approves the Annexation Agreement attached hereto as Exhibit "1". /~~ RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL T0: Debbie Adams City Clerk City of Rancho Cucamonga P.0. Box 807 Rancho Cucanonga, California 91730 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is entered into to be effective on October 16, 1989, between the CITY OF RANCHO LUCAMONGA, a municipal corporation of the State of California (City), and Homestead Land Development (hereinafter referred to as "Owner"). A. Recitals (i) Owner i5 the owner and developer of Property presently located in the unincorporated area of San Bernardino County, California, consisting of approximately 25 acres located at the northeast corner of Highland and Rochester Avenues more particularly described in Exhibit "A" hereto and hereinafter referred to as "the Property". (ii) Owner desires to annex the Property to the City if City, prior to annexation, approves that proposed Development Agreement attached hereto as Exhibit "B" f"the Development Agreement" hereinafter). (iii) City has determined that annexation df the Property into the City would be beneficial to City and is concurrently providing assurances to Owner of Owner's permission to develop the Property by entering into a Development Rgreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Initiation of Proceedfn s. Subject to Paragraph 2 below, City shall initiate an i igen tly pursue to con~pi etian proceedings for annexation of the Property to the City in as expeditious a manner as possible and in accoTdeiRe with the provisions of the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et seg., the prey tously or concurrently herewith adopted a Resolution of Application to Annex and promptly shall submit the proposal for annexation of the Property to the City to the Local Agency Formation Comm sston of San Bernardino County ("LAFCO"1, City agrees to comply with all reasonable and normal conditions and requests for additional information and documents imposed by LAFCO in connection with the ANNE%ATION AGREEMENT 09-03 - BLACKMON HOMES October 18, 1999 Page 2 annexation proposal. City agrees to negotiate in good faith with the County of San Bernardino ('County") as to the real property tax exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible Lime. After LAFCO has made its order of determinations with respect to the annexation proposal, and provided that City has approved the Development Agreement as provided in Paragraph 2 below, City shall complete the annexation proceedings. 2. Cam letion of Annexation Proc eedin s. Notwithstanding the provisions of Paragraph 1 above, City s all not adopt a resolution ordering Che annexation of the Property to the City, nor authorize the Clerk of the City to transmit a certified copy of such resolution pursuant to the Cortese-Knox Act to the Executive Officer of LAFCO until the City's City Council has approved the Development Agreement. 3. Environmental Review. In connection with approval of the Development Agreement, City shall undertake all necessary and appropriate review and evaluation of the potential environmental impacts thereof and the development of the Property in accordance therewith on a timely basis and in conformity with all legal requirements, and shall be the "lead agency" for Durpo ses of the California Environmental Quality Act. 4. Notices. Any notice to either party shall be in writing and given by delivering the same to sorb party in person or by sending the same by registered or certified mail, return receipt requested, or Express Mail, with postage prepaid, to the Party's mailing address. The respective mailing addresses of the parties are, until nhannon ,~ ~~~~< Lea PLer pruvidea, one tolfowing: ' City: City of Ra nc he Cucamonga 9320 Base Line Rnad Rancho Cucamonga, CA 91730 Attn: ,lack lam Owner: Homestead Land Development 23410 Olivewood Plaza Or Suite 240 Moreno valley, CA 92388 Attn; Stephen L. He insohn Either party may change its mailing address at any time by gf ving written notice of such change to the other party in the manner provided herein at lez;t ten (i0) days prior to the date such change is affected, A11 notices under this Agreement shall be deemed given, received, made ar communicated on the date personal delivery is affected, or, if mailed, on the del7very date or attempte6 delivery date shown on the return receipt. ANNEXATION AGREEMENT 89-03 - BLACKMON HOMES Oc toher 18, 1989 Page 3 5. Attorney's Fees. If legal action is brought by either party against the other for breach of this Agreement, qr to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 6. Negation of Partnership. The parties specifically acknowledge that the development of the property is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Developer, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended nor shall it 6e construed to create any third party benefit iary rights in any Person who is not a party, unless expressly otherwise provided. 7, Sev erabil ity. invalidation of any of the provisions contained in this Agreement, or of the application hereof to any Person, by judgment or court order shall in no way affect any other provisions hereof or the application thereof to any other Person or circumstances and the same shall remain in full force and effect, unless enforcement of this Agreement as sa invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 8. Exhibits. All Exhibits to which reference is made herein, are deemed incorporated into this Agreement to inert enn rely oe rere rence thereto. 9. Entire Agreement. This written Agreement and the Exhibits hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto, and such memoranda. lo. Construction of A reement. The provisions of this Agreement and the Exhibits hereto shal be construed as a Whole according to their common meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives and purpose ~f the partles hertu nder, The ca otigns preceding the text of each article, section, subsection and the Tabie of Contents hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, qr vice versa. ANNEXATION AGREEMENT 89-03 - BLACKMON NOMES October 18, 1989 Page 4 I1. Further Assurances: Covenant to Sian Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take a71 actions and do all things, and to execute, with acknowledgement or affidavit if required, any and all documents and writings, that may 6e necessary or proper to achieve the purposes and objectives of this Agreement. "' Govern ina Law. This Agreement, and the rights and ohl igations cf the parties, shall be governed 6y and interpreted in accordance with the laws of the State of California. 13. Counteroa rts. This Agreement may 6e executed in any number of counterparts, each of which shall be deemed an original, but all of whi r,h when taken together shall constitute on instrument. The parties have executed this Agreement as of the day and year first written above. CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California BY: Mayor Homestead Land Development 23470 Ol ivewood Plaza Drive Suite 240 Moreno Valley, CA. 92368 8y; By: City Clerk Approved as to Form: By: City Attorney "Owner" "City" UP InE E1CLU51VE VSF Vi ~,OCAi. AC.FNCY FORMATTON fnNNTGR nN LOCKW000 ENGINEERING city of Raneho cNramonga (Affected Agenl b SURVEYING COMPANY, INC. (Blackmon Nnmes A ~^,;o,~r) JaO YWel FOOtnlllBwlwErd Rlallo. Glllomla 92a1e ANNE%ATION LEGAL DESCRIPTION eESemnloN LEGAI, DESCRIPTION e~ens,w ~ / y ~oATe 3/13/89 ar fwi _ nca ,w 9101 pll that portion of the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 30, T. 1 N. R. 6 W, S.B.B. b M. being more particularly described as follows: Beginning a[ the Northwest corner of [he South 1/2 of the South i/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 30; Thence S 99.75'09" E along the North line of said South 1/2, South 1/21NOr[heas[ L/4, Southeast 1/4 a distacne of 660.00 feet; Thence S 0°02'02" W a distance of 329.87 feet to the South line of said Northeast 1/4, Southeast i/4 Sactien 30; Thence S 89'35' 21" E along the said line a diatanca of 2.91 feet to the Northeast corner of [he West 1/2, Southeast 1/4, Southeast 1/4 of said Section 30; Thence S U°04'02" N along the said Eaat line of the Wast 1/2, Southeast i/4, Southeast 1/4 of Section 30 a distance of 1391.48 feet to the South line of said Section 70 being the existing Rancho Cucamonga city limit line; Thence N 89°76'09" W along the said South line a distance of fi62.15 fee[ tc the Southwest corner of as id Southeast l/4, Scu[haast 1/4, Saction 30; Thence N 0. 02'02" E along the said Nest line oftha Eaat 1/2, Southeast 1/6 Section 30 a distance of 1644.55 feet to the true point of begin ing EXFMBIT 'A' G- -- ~ ~ ~,,, ~ r~ ~xnnoN rl ~-/ ~-s9 TT i367S CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: T0: FROM: 8Y: SUBJECT: October 18, 1989 City Council and City Manager Russell H. Maguire, City Engineer Gary H Sheu, Assistant Civil Engineer AMENDING MAP FOR TRACT N0. 10210, LOCATED ON THE NORTN SIDE OF ons era on o approva o ~n ng p w n a se sm c special studies zone, to ad3ust lot lines to accomodate special setbacks requirements pursuant to final geological study and approval of improvement agreement and additional improvement security, submitted by Nordic Development Company RECOMMENDATION: It is recoawended that the City Councii adopt the attached resolution approving Amending Map Tract No. 10210 and authorizing the City Clerk to cause said map to record. Background/Analysis Tract No. 10210, located on the north side of Almond Street, west of Sapphire Street, was originally approved by City Councll on September 4, 1985, and was recorded on October 7, 1986. Due to potential seismic hazards, particularly fault rupture, a seismic hazards report was completed by a State Reai stared Geotechnical Engineer. As the result of this report, lot line ad,{ustments and special setbacks are required. Changes Tn the lot lines of the map were conditionally approved at Design Review on August 24, 1988. SDecial fault zone setbacks are shown on the map. The developer, Nordic Development Company, is submitting the amended map for approval at this time. The Developer is also submitting an agreement and additional security to guarantee the construction of the utility undergrounding 1n the following amounts: Faithful Performance Bond; 5535,000 Labor and Material Bond: f267,500 The above-mentioned security will be City Councll on November 16, 1988, intercept Channel improvements. Res y itted, RNM. 5: added to the security accepted by the for off~site improvements and Almond RESOLUTION N0. /\9- ~~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPR0YIN6 IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY ANO AMENOI NG MAP TRACT N0. 10210, LOCATED ON THE NORTH SIDE OF ALMOND STREET, NEST OF SAPPHIRE STREET IN THE HILLSIDE RESIDENTIAL AREA NHEREAS, the Amending Map of Tract No. 10210, consisting of 33 lots, submitted Nordic Development Company, Subdivider, located on the north side of Almond Street, west of Sapphire Street in the Hillside Residential Area, has been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, the original Tract Map Na. 10210 was approved by the City on September 4, 1985, as Resolution No. 85-260 and recorded on October 7, 1986, Book 193, pages 31 thru 37; and NHEREAS, the developer has made a significant number of changes of lot lines to accommodate specific housing units; a~ NHEREAS, Nordic Development Campa~y, a General Partner of Skyline i, Ltd., has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security. Said Improvement Agreement and Improvement Security is for the purpose of undergrounding existing electrical and Lelecommunicatlon facilities as a prerequisite to approval of said Amending Map. Said Improvment Agreement .1nA Cnri~nlfv .All .~~ • '~,~uicn,et,i ayrCY.fICnL ana SeCUrl ty accepted dL the City Council meeting of November 16, 1988. NON, THEREFORE, BE Ii RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement, Improvement Security and the Amending Map delineating same are hereby approved and the City Clerk is authorized to sign the said Mending Nap on behalf of said City and record said map. ' ~-Y CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: Mayor and Members of the City Council FROM: Brad Builer, City Planner 9Y: Miki Bratt, Associate Planner SUBJECT: REPROGRAMMING 550,784 FROM UNEXPENDED PRIOR YEAR COMMUNITY DEYELO PMENT BLOLK GRANT FUNDS TO THE AYENIDA VEJAR ST EET IMPROVEMENTS PROJECT I. RECOMMENDATION: Staff recommends that the City Council approve reprogramming E50,784 from unexpended prior year Community Development Block Grant funds to the Avenida Yejar Street Improvement Project. II. BACKGROUND AND ANALYSIS: The City Council has previously awarded change orders for the Avenida Vejar project. Contract Change Orders and related additional costs are 550,764. All of the work on this project has been completed. Added costs fncluded relocation of existing walls, fences, and steps according to City policy for street improvement projects. This project is funded entirely by CDBG funds with E5n.7Aa of u~~«yenueJ prior year tunes available for reprogranm ing, as follows: 518,614 from Rehab/Repair, FY 1981-88 .$ 173 from Fair Housing, FY 1986-89 5 883 from Senior Shared Mousing, FY 1988-89 520,042 from Administration, FY 1988-89 511,072 from Rehab/Repair, FY 1988-89 III. CONCLUSION: Unexpended prior year funds are available far reprogramming. A Resolution approving the reprogramming is attached. R tfully t /Bra B e City nner B B:MB:ko Attachments: Memorandum of October 3, 1989 from Engineering Div TSlon Resolution of Approval CITY OF RANCHO CUCAMONGA MEMORANDUM Date: October 3, 1989 1 To: Mild Bratt, Associate Planner \ From: Russell H. Maguire, City Engineer By: Sigmund M. Dellhime, Administrati i Subject: CDBG Project 28-4333-8812 Avenida Vejaz >'~'" <z Although the above referenced project has been completed, payments on several change orders remain outstanding. Due to the lack of additional funds within account 28.4333-8812 the Engineering Division is unable to process payments at this time. Our records indicate that $50,784 will be required to complete the project. Your assistance in preparing any necessary CDBG budget amendment would be appreciated. Should you have any questions, please contact Sigmund at extension 344. RHM:amd RESOLUTION N0. X q- ~Q~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPROGRAMMING 550,784 FROM UNE%PENDEO PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE AYENIDA YEJAR STREET IMPROVEMENTS PROJECT the City Council of the City of Rancho Cucamonga, California, hereby resolves as follows: SECTION I; The City Council hereby finds and determines the following: (i) The City of Rancho Cucamonga operates a Community Development Block Grant Program in compliance with the regulations established by the U.S. Department of Housing and Urban Development; and (i i) 550,184 of unexpended 81 ock Grant funding is available for reprogramming from prior year unexpended 81ock Grant funds as follows: 518 ,614 from Rehab/Repair, FY 1987-88 E 173 from Fair Housing, FY 1988-89 E 883 from Senior 'aha red Housing, FY 1988-89 520,042 from Administration, FY 1988-89 511,072 from Rehab/Repair, FY 1988-89 (iii) Avenida Vejar, a street improvement program in the Southwest Cucamonga neighborhood, was funded entirely by Community navolnnnnnt R1nrL grant tunas in the amount of 5167,000 and required additional work in the amount of 550,784; and {iv) The City Council has held a duly noticed public hearing on the use of these funds on October 18, 1989. SECTION 2: NOH, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby resolve as follows: A. This City Council approves reprogramming of 550,784 of unexpended Community Development Black Grant funds from prior years to Avenida Vejar. ly 1 CITY OF RANCHO CUCAMONGA STAFF REPORT gP clx'~mo ~' + ''n 0 0 FBI U Z J; 9 1917 DATE: October 18, 1989 TO: City Council and City Manager ,(,y~q/~/1 FROM: Diane O'Neal, Adminietrat ive Analyst ~j' SUBJECT: Eatabl iehment of the C'ti E t 1 Ma a t Co It ie recommended the Clty Council amend Chapter 2.28 of the Rancho Cucamonga Municipal Code dissolving the Advisory Commission and creating in its place a Citizens Environmental Management Commission. BACEGROUND• The City Council recommended traneitioninq the Citizens Advisory Commission into Ghe Citizens Environmental Management Conission at the September 22, 1989 City Council meeting. The attached ordinance amends and implements this decision. The Citizens Environmental Management commission will be advisory to both the City Counc tl and other Commissions. The Conmieeion membership will be made up of eleven members without geographic designations. The Commission membership will be reviewed in a 3-6 month time period to evaluate the effaotiveneas of the number of members of the Commission. The joint quarterly subcommittee meetings with the Council subcommittee, Chair, Vice-Choir and staff will continue for the purpose of reviewing the work program of the Commission. ' The Council Subcommittee for the Citizens Environmentai Management Commission will De made up of the currant Council Subcommittee for Recycling/Solid Waste, with a designated alternate from the current Cit izene Advisory Commission Subcommittee. Do:jla B9-675 O ORDINANCE N0. 307-A AN ORDINANCE OF THE C[TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENOI NG CHAPTER 2.28 OF THE RANCHO CUCAMONGA MUNiCi PAL CCDE DISSOLVING THE ADVISORY COMMISSION AND CREATING IN ITS PLACE A CITIZENS ENVIRONMENTAL MANAGEMENT COMMISSION one City Council of the City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: Chapter 2.28 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: Chapter 2.28 CITIZENS ENVIRONMENTAL MANAGEMENT COiM4ISSI0N Sections: 2.28.010 Created. 2.28.020 Role of commission. 2.28.030 Membership--Generally. 2.28.040 Membership--Terms of appointment. 2.28.050 Membership--Removal of members. 2.28.060 Regular meetings. 2.28.070 Officers. 2.28,080 Joint subcommittee meetings. 2.28.010 Created. There is and shall remain in the city government a Citizens Envi ro nmentaT-Management Commission (hereinafter "CEMC"), a body replacing the Citizens Advisory Commission which hereby is dissolved. 2.20.020 Role of commission. The CEMC shall act in an advisory capacity to the City Council and Planning Commission on environmental issues. 2.28.030. Membershi --Generall The CEMC shall consist of a total of eleven members. embers of the CEMC shall be residents of Rancho Cucamonga and shall be appointed'Sy the City Council. A subcommittee of the City Council shall submit to the City Council the name of any person proposed for appointment to the CEMC and upon such appointment by the City Council, the name of the appointee shall be recorded in the minutes of the City Council meeting. The nine members of the Citizens Advisory Commission dissolved hereby •ha'.l be dcemcd members of the CEMC for the duration of the term of office they were serving on the Advisory Commission. 2.28.040 Membership--Terms of appointment. A. The eleven members of the C Mt: C shall each serve two-year terms. Either five or six members of the Advisory Commission shall be considered annually by the City Council. A member shall continue in office until his/her respective successor is appointed as set forth below unless sooner removed as provided fn this Chapter. ~' Ordinance No. 307-A Pa ge 2 B. If a vacancy shall occur, other than by expiration of the term of office, it shall be filled by appointment of the City Council for the remainder of the unexpired term. All regularly expiring teams shall terminate on December 31st of each year. 2.28.050 Membershio--Removal of members. A. Members of the CEMC serve at the pleasure of the City Council and may be removed at any regularly scheduled City Council meeting, upon three working days' prior written notice to the m=tuber. Removal shall be by majority vote of the entire City Council. B. Nothing in this section shall be to ns trued to limit the expres- sions of CEMC members save and except the guidelines established by the CEMC. 2.28.060 Regular meetings. Regular meetings of the CEMC shall be established by resolution of the CEMC. 2.28.070 Officers. The CEMC shall select a chairperson to preside at all meetings of the EMC, and a vice chairperson to preside in the absence of the chairperson. The secretary to the CEMC shall be designated by the City Manager, 2.28.080 Joint subcommittee meetin s. A. City Council subcommittee and CEMC subcommittee chair and v ce chair) joint meetings shalt be held quarterly on the first Tuesday of each Calendar quarter which is not a legal holiday. In the event this is a holiday, the meeting will take pi ace on the next regular working day. Special meetings may be called as needed by either subcommittee. B. The joint quarterly subcommittee meetings shall be for the nn<o of eta hlfeMn rFwr r4 ... ..a ..t .. ..s ,tt:°. _ ..~a.~ the~CEMC. Additionally, the City^Council or Planning Commission may designate work program assignments at any time notwithstanding the regularly scheduled quarterly meetings. SECTION 2: The City Clerk shall certify to the passage of this Ordinance. SECTION 3: The Mayor shall sign this Ordinance and the City Llerk shall cause the same ~ be pu6l fished within fifteen (15) days after its passage at least once in The Dail Re rt, a newspaper of general circulation published in the City of Ontario, Ca ifornia, and circulated in the City of Rancho Cucamonga, California. ,1 I ~ \ October 18, 1989 STAFF REPORT V TO: Mayor and Members of the City Council FROM: Jerry Grant, Building Official cv~-^nto ~ ~~, p `; f ` p Ii 1977 SUBJ EC'f: URGENCY ORDINANCE REGARDING DEPOSIT FOR REPEATED REINSPECTIONS RECOMh1&NDATION: It is recommended that the City Council adopt the accompanying urgency ordinance. II. BACKGROUND: At the September 4th meeting the City Council appointed a subconittee of council members Brown and B ug uet, with Alexander as alternate, to meet with ata [f members, homeowners and the City Attorney regarding the ongoing difficulties being experienced by Building Division n.i A.. •1.., nur o m nor nor :n '~ ~ uid ~' ~~uuo •• vG~C1VlI~l~l'll ~.J l ocated^a~t^the nor th~end Vo [J Hermosa l'AV e. .At the October 4th council meeting the Subcommittee reported upon a meeting held the previous night with homeowners in the project end scheduled a study meeting of the subcommittee, staff and City Attorney to explore various avenues oC achieving s higher level of response from builders that have demonstrated reluctance, inabil-ity or indiPferens,e, toward code requirements or customer complaints. On October 6, this study meeting took place end staff was directed to prepare the accompanying ordinance for consideration by the City Council at this time. III. CONCLUSION: It is staff opinion that this ordinance can be utilized effectively to offset the costs of providing re insp actions not nor nlally anticipated on a construction project. Further, it would allow for funding of supplemental inspection staff for projee is that would I`73 Staff Report: Urgency Ordinance Regarding Deposit for Repeated Re in sp actions October 18, 1989 page 2 otherwise require dispropor tienate allocation oY inspection resources. It is presented as an urgency ordinance in order that it may be implemented as soon as possible. Respectfully Submitted, ~,. ~/~ ~ Serry'/R. Grant ~ Buil :ng Official dRG:ll 1~3a ORDINANCE No. ~O3 .J AN ORDINANCE OP THE COUNCIL OP THE CITY OF RANCHO CDCAMONCA AMENDING SECTION 15.08.130 OP THH RANCID CUCAMONGA MUNICIPAL CODE AND ADDING SHC7'ION 15.08.135 TO TH8 RANCHO CIICAMONGA MUNICIPAL CODE PBRTA WING TO REINSPECT[ONS AND REPEATED INSPECTIONS AND DECLARING TH6 URGENCY THERNDP. A. Recitals. (i) The City of Rancho Cucamonga has experienced the comp ten on of residential housing projects which have resulted in the discovery o[ inferior workmanship find building code violations subsequent to the residences being occupied. (ii) The occurrences indicated in Recital (i) above ace not uniformly distributed throughout residential building projects in the City of Rancho Cucamonga but, rather, are enncentra tad in particular projects where requests for insp ecti re insp ec lions and repeated insp ec ns are n merous end still do not prevent the late discove n/ f code violations end inferior workmens ip. / ~~ (iii) The situation described Re is (i) and (ii) above are generating financial and ship on the City of Rancho Cucamonga by generating requests [or' s ervices op inspections end reinsp ec Lions on particular projects which ter exceed the amount of ;; income generated to the City of Rancho Cucamonga ~~ through the collection o[ building permit fees related to those projects. (iv) The oc cu ra nees re Cerenced above in these ~~ Recitals are causing s manpower shor Cage in the ~~ n. Bui tding Department of the City of Rancho Cucamonga due to f't-ie demand put on that Department-Dy carte [n. projects through repeated requests for tospect[onsa~ and re inspec lions. '~- (v) The oc cu ra nees described in recitals (i) •.hreugh (iv) ab awe oonstitute a continuing and immediate threat to the puDtic Health and safety and require the application of an immediate remedy through the adoption of this Ordinance as an Ugency Ordinance. 1. ~_. ~'?.3.~ . -~~~~ ~~ Q~~ B. Ordinance. NOW, THEREFORE, IT IS HEREBY FOUND, ETERMINED AND ORDAINFU BY THE Council of the City of Rancho Cucamonga as follow>: Section 1. This Council hereby finds that all of the [acts set forth in the Recitals, Part A, of this Ordinance ere true end correct. Section 2. Section 15,08.130 of the Rancho Cucamonga Municpel Code hereby is amended to reed as follows: "Section 305 (h) of said UniCorin Administrative Code is hereby amended to reed as follows: Section 305 (h) Reinspecti ons. A reinspection tee as set forth in a City Council Resolution may be assessed for each reinspection made necessary due to work not Deing ready at the requested time of inspection, or [or rei asp action of work not co r,r acted after the issuance of a prior written correction notice or Tor a reinspection made necessary because oP faulty or deficient workmanship or materials oP construction regulated by this code or the technical codes adopted hereby." Section 3. Section 15.08.135 hereby is added to the Rancho Cucamonga Municipal Code to read es follows: "Section 305 of said Uniform Administrative Code is hereby amended by adding subsection (i) to reed as follows: Section 305 (i) Repeated Reinspecti ons. In the event that, as related to any single Family dwelling unit or any building permit issued for a multiple-family building, an iniY isl reinspects on has been per[ormed in accordance with 'S ubsection ;,(h) above, end a further reinspects on is determined to~be necessary by the Building Official to achieve the per [orman re o[ accepted cons truct(on practices related there[ol or in the event that such reinspections are ul tima[ely repuired on three or more dwellin¢ units within anv final [r act mso, the Building Official shall require posting of a cash deposit to be drawn upon to cover costs of providing inspection end reinspection on a full time basis. Further, ell inspections for the project shall be suspended until such time es the deposit is received end judged by the Building OtPieiel to be sufficient to complete the project. 2. GSDINANCE NG. ¢03 AN OHDINANCH OP TH6 COUNCIL OP TNH CITY OF HANCFD (]ICAYONGA A4~7UING SHCTION 15.08.130 OP THS RANCND CUCAYONGA BDJNICIPAL COE18 AND ADDING SBCTION 15.08.135 11D TNH RANCID CUCA180NGA 18UNICIPAL CODE PHBTAINING TO REINSPHCTIONS AND RSPSATID 1NSPHCT[ONS AND DECLARING THB UHGBNCY TBHRIIDP. A. Recitals. (i) The City of Rancho Cucamonga has experienced the completion oC residential housing projects which have resulted in the discovery of inferior workmanship and building code violations subsequent to the residences being occupied. (ii) The occurrences indicated in Recital (i) above are not uni[ormly distributed throughout residential building projects fn the City o[ Rancho Cucamonga but, rather, are concentrated in particular projects where requests [or inspections, reinspec lions and repeated inspections are numerous end still do not prevent the later discover o[ code violations and interior workmanship. (iii) The situation described in Recitals (i) and (ii) above are generating financial hardship on the City o[ Rancho Cucamonga by generating requests for aPnviPPC nn iA¢p PP}InaA AAd rPInRD P.Ct10nS On particular projects which [ar exceed the amount oP income generated to the City o[ Rancho Cucamonga through the collection of building permit fees re leted to those projects. (iv) The oecurances referenced above in these Recitals are causing a manpower shortage in the Building Department oP the City of Rancho Cucamonga due to the demand put on that Department by certain projects through repeated requests for inspections end re insp ee lion s. (v) The oceura nces described in recitals (i) through (iv) eb ova constitute a continuing end i~zredia tc th rest to the public heslth and sa tety snd require the application oP an immediate remedy through the adoption o[ this Ordinance ea an Ugency Ordinance. 1. I ~~,~ B. Ord innnee. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDAINED BY THE Council of the City of Rancho Cucamonga as follows: Section 1. This Council hereby finds that all o[ the Pacts set forth in the Rec itais, Part a, of this Ordinance are true end correct. Section 8. Section 15.08.130 oP the Rancho Cucamonga Mun icpal Code hereby is amended to read as follows: "Section 305 (h) of said Uniform Administrative Code is hereby emended to reed as follows: Section 305 (h) Re insp ec [ions. A reinsp action fee as set forth in a City Council Resolution may be assessed for each reinspection made necessary due to work not being ready at the requested time o[ inspection, or for reinsp ectfon of work not corrected attar the issuance of a prior written correction notice or [or a reinsp ectfon made necessary because o[ teal [y or deficient workmanship or materiels of construction regale tad by this code or the technical codes adopted hereby." Section 3. Section 15.08.135 hereby is added to the Rancho Cucamonga Municipal Code to read as Follows: "Section 305 of said Uniform Administrative Code is hereby emended by adding subsection (i) to reed as follows: Section 305 (i) Repeated Rein spections. In the event that, as related to any single family dwelling unit or any building permit issued for a multiple-family building, an initial re inspee Lion has been performed in accordance with Subsection (h) above, end a further reinspection is determined to be necessary by the Building Offi~tisl to achieve the performance of accepted construction practices related thereto, the Building Official shall require posting o[ a cash deposit to be drevm upon to cover costs of providing inspection and reinsp ectfon on a full time basis. Fur tiler, ail inspections for the project shall be suspended until such time as the deposit is received end judged by the Building Official to be sufficient to complete the project. 2, I~3c The estimated costs of providing this increased level of inspection shall be determined by the Building Official in accordance with a Resolution o[ this Council establishing hourly charges. Additionally, the deposit shall be based upon a reasonable determination of the time necessary to eo~lete the entire phase, project or subdivision of which the dwelling unit or multiple (ami ly building is a part. 'fhe expenses incurred by the City in providing additional inspection shall be deducted from the deposit posted and any remaining balance shall be returned to the depositor upon completion of the project. Upon determination by the Building Official that the origianl deposit is insufficient for any remaining inspection costs, an additional cash deposit shall be provided for completion of all anticipated inspections." Section ~. Based upon the findings set forth above in this Ordinance, this Council hereby finds and concludes that the immediate adoption of this Ordinance as an Urgency Ordinance is necessary for the protection of the public hea l!h and safety end, accordingly, this Ordinance shall take effect immediately upon its adoption. 1989. ADOPTED AND PASSED this _ - day of Mavnr [, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day o[ 1989, and was finally passed at a regular meeting oP-the City Council of the City of Rancho Cucamonga held on the day of 1989, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MIINBER3 ABSENT: COUNCIL MEMBERS ABSTAINED: COUNCIL MFNIDERS ATTEST: City Clerk of the City o[ Rancho Cucamonga 3. ~~3 d nrnnt nr~ n ~ wrnvn rrrn ~ wrn~rn w _ __ _~_.____ ____-.___. ___ V~....v STAFF REPORT ~~' +.~ I a ,'s isn OATS: October 16, 19 R9 T0: Hayor and Members of the City Council Jack Lam, AICP, City Manager FAOM: Jar ry B. Pulwood, Deputy City Manager SUBJECT: Cone iderat ion of Capital Protects '. L d m Ma' t na D' tit No 1 in th Amo t of S120 000 00 BACKGROUND: on October 4, 19 E9, City Council requested that staff present a report outlining capital projects applicable to Landecepe Malntenanca Oietiict No. 1 (General City) that could be funded with the $120,000.00 reflected in Lhe 1989/90 Engineering report. Y.owevez, the $120,000.00 ie inoufficient to fund the total avaLlable projects on the attached link which ie in aECeee of $500,000.00. Therefore, City Council will have to select those projects to Da funded with the 5120.000.00 for fiscal yenr 1989/90. The attached 11eL has been advertised in the Pailv Report ao that ne many residents ae possible can parttecpats in core process. Engineering has provided the nttached list and will disease these capital proj errs. sse:j le 1 - - CITY OF RANCHO CtiCAMONGA - STAFF REPORT DATE: October 18, 1989 T0: Mayor, City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Jeff Barnes, Maintenance Supervisor Landscaping 6 Parks Laura Bonaccorsi, Landscape Designer SUBSECT: Landscape Maintenance District No. 1. Capital Maintenance Pro iects In June of 1989 the City Council reviewed [he City Engineer's report Eor Landscape District No. 1. The report noted that there was a $120,000.00 carryover from Fiscal 89 budgeted Eor sign monument construction within the district. A decision was made to reallocate those funds for other undetermined projects within the district. A preliminary prioritized listing of site locations in need of upgrades and renovation was compiled by the Maintenance Section for the City Engineer. These renovations and upgrades will bring the selected locations up to current city standards for new construction. An advertisement for a Notice of Public Bearing was published so that interested citiaens would be aware of the October 18, 1989 City Council meeting regarding the proposed Capital Maintenance Projects. Capital Maintenance Projects consist of upgrading irrigation systems (moisture sensing controllers and master communication lines, etc.) and planting (drought tolerant, master plane, etc.) to current city standards. Capital Maintenance Projects do not include installation of any items that were not included in the original design unless it will enhance the maintenance aspect of the area. The following prioritized list consists of areas that ate in need of Capital MaintenancEr'Funding and meet the above criteria Foc Capital Maintenance Projects. These locations are shown on the attached map. DESCRIPTIVE LOCATION i. D-5 S/a Baseline, Ramona [o Cambridge 2. D-3 S/s Baseline, E c W of Center 3. D-4 S/s Baseline, from 500' e/o Center ESTIMATED COST $34,500 $18,750 $18,000 I ~~ Landscape Maint. Dist. No. 1 Page 2 4. C-10 NWC Haven & Wilson, Haven from Wilson north; Wilson Ecom Haven to Mayberry; Mayberry from Wilson to n/o Poplar $55,500 5. C-9 Nb5 Side of Victoria e/o Haven to e/o Mango e/s Haven s/o Victoria $36,000 6. A-14 S/s Banyon from Zircon to Carnelian $33,000 7. B-7 SWC Lemon 6 Hermosa; Hermosa Erom Highland to Lemon, Lemon from Hermosa to 750' west $19,500 8. F-17 N/S Wilson, EaW of Birchbay $15,750 9. I-1 NEC Hermosa at 26th $19,500 10. C-6 E/S Haven, n/o Railroad $16,500 11. B-11 E/S Hermosa, n i s Railroad $37,500 12. F-4 W/S Archibald from 200' s/o Almond to 175' n/o La Colina $27,000 13. F-9 N/S Banyon a w/o Jadeite w/s Archibald n/o Banyon e/o Amethyst from s/o Sunflower to Manvanita cic =^^ 14. P-il NEC Archibald and wilson; Archibald from s/o Cottonwood to Wilson, Wilson e/o Archibald $12,000 15. A-12 E/S Beryl n s s/o Culpepper $13,500 16. B-2 S/s Lemon from 350' w/o to 600'e/o Mayberry $15,000 17. B-9 S/s Alta Loma from Revere to Mayberry; inoludes w/s of Revere Eorm Alto Loma to Highland and e/o of Revere from 1B5' n/o, to Highland $13,500 18. 9-H W/s 8e ryl n : s/o Sunfiower $15,000 19. A-15 N/s Banyon from e/o Zircon to w/o Vineyard 511,250 I Landscape Maint. Dist. No. 1 Page 3 20. B-13 W/s Hermosa n b s/o Ironwood $11,250 21. B-15 N/c Lemon e/o London $13,500 22. C-7 N/s 19th e b w/o Mayberry $13,500 23. F-10 E/s Archibald n 6 sjo Sunflower $12,000 24. F-12 S/s Victoria e 6 w/o London $12,750 25. F-14 S/s Wilson fr om Archibald to Amethyst; w/s Archibald s/o Wilson $13,500 26. F-13 W/s Archibald n s s/s of La Gloria; n 6 s/s of La Gloria w/o Archibald $22,500 TOtal $527,250 Capital Improvement Proiects Council and staff have been in contact with a group of citizens headed by Mr. Yenovkian, regarding a Capital Improvement Project along the east side of Archibald, north of Banyan. Mi. Yenovkian proposed some improvements along some existing planter areas in Landscape District Number 1. Mr. Yenovkian's sketch was anhmittoA fn et aff Fn• n....- field conditions, staff determined that the right-of -way"for the parkway was actually 14' and not 17' as indicated by Mr. Yenovkian. It was then suggested that Mr. Yenovkian be given the opportunity to redraw his concept with the revised parkway size. In a telephone conversation with Mr. Yenovkian, he agreed to have staff redraw the concepts. The attached sketch by staff is representative of how the parkway could be improved, drawing upon Mr. Yenovkian'a "expanded pocket" concept. Also, attached is a preliminary coat estimate of the total improvements and a drawing of the existing patlcWay. Should it be necessary to phase the improvements, it is suggested that the landscape, irrigation and drainage work be completed first, then the soil excavation and decomposed granite placement, and lastly, the installation of the P.V.C. community trail fence. 'The area Mr. Yenovkian is concerned with is F-10 and a portion of F-11 on the engineer's priority list and are in position 23 and 14 in terms of needs for a Capital Maintenance Project. 177 Landscape Maint. Dist. No. 1 Page 4 Mr. Yenovkia n's design incorporated more Capital Improvements rather than Capital Maintenance items. Respec lw submitted, ~ <~/ ~~~~ .JB:LB:la Attachment 178 LHO No PRF} F-I 'TYPICAL p~.aN7pp LMO No I ME4 F- 10 S ~`WIl.9oµ AVE., ~_ No 4ce. F ~ 17 1 r- WILSON AVE w W F W TRAC N = 944! W a 0 4I a ~ =LEMON Z N v a > ¢ S s a J ~ HIuN LAND A\ W z a _~9"' STREET VICINITY MAP GiTY NIAiNTAINED ^ 1 5cE ~Fr.T~o~.l OeLOw v~u ~>tiwU.v~ ~D 2C~la~T OrJ ~X' yf VfT ~.JPII... n~ __ b b 16 \ NEw LcF1C. U~RO ~ ~ V ` ~~ I~MfbS+ED-~ • ~ ~ NEw we ~ _ '-~_li' _ _ ~~ PLAN -TYPICAL PLANTER J -~ SECTION ~ir~r-a ARCHIBALD AVENUE PARKWAY RENOVATION CONCEPTS BANYAN STREET TO WILSON AVENUE • EAST SIDE I ~~ ARCHIBALD PARKNAY RENOVATION ESTIMATE OF PROBABLE COST Item Item Unit of Estimated Unit Total No. Oesc riotion Measure Ouanti ty Pr1 tts Landscape, Irr; ga tton and Drainage Clearing 6 Grubbing S.F. Remove Existing Trces Each lrri ga Lion Demolition L.S. Irrigation L.S. Concrete Curb ',F, Dra1n Boxes 8 Lines Eath Soil Rrepara Lion S. F. Shredded Nu1ch C.Y. Shrubs-1 Gallon Each Shrubs-5 Gallon Each Trees-15 Gallon Each 60 Day Maintenance L.S. Trail Surface Soil Removal (4" Depth) C.Y. D,G, Horse Trail C.Y. R.V.C. Fence Tra 11 Fence L,F, 1620 f5..00 f8,300,00 20 f200.00 (4,000.00 1 (2,000.00 sz,oeo.Do 1 f6,000.00 (8,000.00 360 f8.50 f3,060.00 15 f500.00 f7,500.00 1620 f0.70 (1,134,00 9 f50,00 (540.00 120 f12.00 (1,440.00 ~ (20.00 f1,800.00 30 (100.00 (3,000.00 1 (700.00 (750.00 SUBTOTAL ~'3Z~p0 350 (30.00 f10,500.00 350 f35.00 (12,250.00 SUBTOTAL 7~'OD 2120 (20.00 542,400,00 SUBTOTAL ?;iT,300;DQ SIISTOTAL (106,174.00 + 155 Contingency (15,971.00 + 15f Design/Adm1M stration (15,971.00 TOTAL t13~,616.00 X81 CITY OF RANCHO CUCAMONGA STAFF REPORT nnTA: October 18, 1989 T0: City Council and City Manager FROM: Diane O'Neal, Administrative SUBJECT: Lease Agreement vV ~n •Fn w..me.. California 91786 RECOMMENDATION: Z 9 3 C) z ~ °; ~ ~° v ~ .a 19]7 It is recommended that the City Council authorize the Mayor and City Clerk to sign and execute a one-year lease agreement, between the City and the Women's Information and Resource Center, for the city-owned house located at 111 North Grove Avenue, Upland, California 91786. EArEGROUND: The City Council originally approved the attached 1988-89 one-year lea ee agreement with the Women's Information and Resource Center at its November 2, 1988 Council meeting. At the time, the Clty had no plena for the house at the yard and snit is ipated its use after a year. The City ie not yet in a ooe itinn co ur nlize trine house this coming year, therefore, it ie recommended the Women's Information and Resource Center be allowed to use tae house for another year. However, the house will be utilized by the City in 1991 due to intena ified designated use of that yard. The Women's Information and Resource Center is respectfully requesting the ona- year lease agreement be renewed. The attached 1989-90 lease agreenw_nt will be the same ae the 1988-89 lease agreement, and will again be for a term of one year, and the annual lease amount will be one dollar ($i.00(. The Women's Information and Resource Center, per the lease agreement, hee liability Lneurance coverage which names tae City ae en add itionel insured. Also, tae Center will not be used ae a ehalter and no one will be allowed to remain overnight. The Center ie strictly an information and referral service. Tiu. Women's lniotmatLOn and Resource Center ie a non-profit organization that provides a valuable service to the community and the attached information booklet on tae Women's information and Resource Center is provided for your review. Bo:}ia 89-fi75 ~v (~~~; ~ ~ ~/ SS LEASR This Lease is made end entered into by and betreen the CITY OP RANCHO CU CAfDNGA, CpL IFORNIA, a Municipal Corporation (hereinafter referred to as ^L andl ord^) end WOMEN'S INFORMATION AND RESOD R(y' CENTER, a California nonprofit corporation (hereinef ter referred to as ^Tenant^). 1. F~emiaes. Lendl ord hereby agrees to lease Co Tenant and Tenant agrees to lease from Landlord that certain parcel o£ real property located in the City of Upland, California, Commonly known by the street address of 111 North Grwe Avenue and hereinafter referred to ae ^t he Preen isea^ and ee more particularly de sczibed in the map attached hereto ae Ezhibit "A^ and by this reference made a pert hereof. Said Leese ie subject to the terms, cw sneers and conditions hereinafter set forth end Tenant cw enanta, ae a materiel part of the conside ratios far this Leese, to keep and perform each end very term, cw anent end condition of uid Leese. 2. Term. The term of this Lease shall be for one (1) year, commencing on November 15, 1988, end ending oa Nw ember 34, 1989. 3. Rent. Tenant agrees to pay to Lendl ord rental, rithouC prior notice or demand by Landlord, in the aw of One Dollar fSl.Onl ^ _ -x; ~,-,~; „e „ renter shell be paid to Landlord, without deduction or'of tae t, in let ful money of the United States of America, at 9320 Here Line Roe d, Suite ^C^, Rancho Cucamonga, California 91701, or at such ocher place ae Lendl ord may designate. 4. Uae. Terent shall use the Prrmieea for an information end referral Genf er, related office sad meeting uses end shall not use or permit the Premises to be used for evq other purpose rithout the prior written consent of Landlord. Tenant shall sot do oa-yermit anything to be done in or about the Premises nor bring oz keep ergtbing therein rhich will in airy ray increase the ezieiing rate of or affect soy Eire or other insurance upon the Premises or ary oP its contents, or cause cancellation of any iasurmce policy cweriag the Premises or pe ri thereof or portion of ire contents. Tenant shell not do or permit anything to be done in or nbout the Pzemieee rhich mitl in say way obs;tact or inreri ere vit6 the rights of other parties or injure or annoy them of uac or ellw or permit the Psemiaea to be used Por evy improper, immorml, unlawful or obj act iomble purpose. Nor shall Terunt cause, maintain or permit eery nuiunce in or about the Preeisee. Tenant shall not commit or suffer to be comait[ed any taste in or upon the Premises. Women's Znf ormation and Reeovrce Center Page 2 5. Compliance with Lav. Tenant shall nor use the Prmisee of permit anything to be done in or about [he Premises which will in any way conflict with any law, statute, ordinance or other gw ernmental rule or regal etion now in force or which may hereimfter be emct ed or promulgated, Tem nt ehal 1, at its sole cost and expense, promptly comply with all lave, atetuiee, ordimnces end other gw ernmental rul ea, regulations oz requirements now in force of vhi<h may hereimfter be emct ed or promiA gated, and with tF.e :egvi:ederts cf any board of fire in sureace mdexvriters or other similar bodice now of hereafter co net trot ed, relating to, or affecting the condition, use or occupancy of the Prmieee, excluding atructurel changes not related to or affected by Temnt's imprw menis and acts, The judgment of a court of nompeient jar iediction or The admix atop of Tempt in erry action against Tempi, whether Lendl ord be a party thereto or not, that Tempt hoe violated any law, statute, ordimnce or any ocher gwecrmental rule or regulation shall be expel usive of that fact ae between Landlord and Temat. 6. Alteret ions end Additions. Tempt shell not make or Buffer to be made any al teretione, additions or imprw manta in of to or about the Prmieee or e~• pert thereof without the written consent of Leadl ord fires had and obt aiaed end e~ alterations, additions or imprwmente in, to or about the Prmieee incl udiag, but not limited to, veil cweringe, penal tag end built-in cabinet cork, but ezcepting mw eabie Fvrnixvre and trsde futures, eh ell on the ezpi ration of the term hereof become a part of the rmlty aad belong to Landlord and shall be surrendered with the Prm ices. In the event Landlord consents to the making of ,t. ..au.~.__ . ~~ `~' -y~_.. -- - =ae=c•~==f= iv •i,e inmises oy a'erant, tae same sF.~'1 bea'mede by Tempt ye t•Temnt'w sole co et and expense, and e'ry contract or c. person selected 6y Tempt to make the mme moat first be approved of, in w.''~ng, by Landlord. Upon tae eryiration or sooner texmimtion o° tae term hereof, Tempt shall, upon written dmand by Lendl ord given et least thirty (30) deer prior to the erd of the term, at Temnt'e sole co et and ezpense, forrhvit F. and with ell due diligence rmwe aw al teretione, additions, or ~~sp:wmec.e made by Tamnr, designated `}• Landlord to be rmwed, cad Tempt ehel 1, tiorthri.t6 end rith all due diligence et ire sole co et sob ezpenee, repair erry damage to the Prm iaee caused bq such rmwel. 7. RePeira. Bq tsking poeeeaeion of the Prmieee, Tempt shall be denied to hove accepted the Prmieee ae being in good teaitery order, condition and repair. Tempt shat t, at Tevant's sole cc:t and espease, keep the Prmieee and any part thereof in good condition and repair. Tempt shall, upon tLa expiration or sooner termini tion of this Leese, out render the Prm ilea to Landlord in good condition. Lendl ord shall Lae no obligation ahataoav sr to al tat, rmodal, improve, rape ir, decorate or paint the Prmiaas, or avy pars tLaraof, and the part tee hereto of Eitm that Landlord has madr no rapreaantatioas to Tempt respecting the cord it ion of the Prmiaas or the building thereon azcapt as ~~ Women's Information b Resouroe Center Page 3 specifically set forth herein. Temnt understands and agrees that the Premises may re renovation to bring the same into compliance with all applicable building end safety codes and Temni cwemnts that it shall undertake and do arty and ell ecie necessary end rsesomble to bring the Premises into compliance with said building and safety codes et the sole co et end expense of Tenant. Temnt furtF.er agrees that it shall submit to Lendl or d, prior to applying for any permits to renovate, reconstruct, improve, alter or in ary other pay modify the Premises, plane and specifications for Lendl ord's approval ah ich shall not he unreasomhly withheld. Landlord shell not 6e liable For airy failure to make arty such repairs, or to perform arsy m<<ntemnce ezcept as apecifimlly provided herein. Percept es may othezwiae be prw ided herein, there shall be no abatement of rent and no iiabil ity of Lendl ord by reason of arty injury to or interference with Temnt's business arising from the making of ayr repairs, el terai ions oz improvements in or to arty portion of the building oz t:,e Premises or in or to airy fizturee, appurtemnces and equipment therein. Temnt hereby specifimlly wniv ea the right to make repairs at Landl ord'e ezpenee coder ary lar, statute or ordimnce nov or hereafter in effect. 8. Cleime Against Prmisee. Temni shall not euf far or permit to be enforced egeinat the Premises, or any part thereof, any mechanic's, eaterial ma's, contractor's or subcontract or'e liens arising fro, or any cl nim for say rork of cone ruction, repair, restoration, replacement or imprwment of or to the Preeiaes or any other claim oz demand horeoev er the same may arias, but Temnt shell pay or cause to be paid any and all such claims err deaaade before a~ action ie h'°' oF. ~= ==-`°r"" ~ "-' :a~L•.: :L~ 7~ea~irns. lamnt agrees to tmdmnx Ey end hold Lendl ord aadythe Pr®ieee free and hsrnl see of all liebil ity for any end all such claims and demands, together rit6 Landl ord'e rmeomble attorneys' fees and all costa and ezpeneee in connection therewith. 9. Meintenence of Grounds. Temnt agrees that Temnt will mniateia the gromde in and about the Premises as indimted in gzhibit ^A^ hereto, bq Shia ref ereace incorporated herein and made a part hereof. 10. Utilities. Temnt shell pay the coat of any and all rater, elect rival, gas or other utility services delivered to the Praoise^ during the term hereof end ahaii have atich ut ilitiee instal'_od and; err camactad and maintsined •c Temnt'• e ole co et end expense. 1~~ Uomen'e Information and Resource Center Page 4 11. Teaes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon ell of Tenant's possessory interest in and to the Premises, leasehold imprw ements, equipment, furniture, fiatur ee end personal property located in ox about the Premises. Tenant agrees that, without prior demand or notice by Lendl or :, Tenant ehal 1, not less than fifteen (15) days prior to the date upon which say scch possessory interest o: ether such tax is due, prw ids Lendi ord with proof of payment of such tae. 12. Rules and Regulation e. Tenant shall faithfully observe and comply with all the rules end regulations that Landlord shell from time to time promulgate. Landlord reserves the tight from time to time to make ell reasonable modifications to said rules and regal atione. The additions and modif ice [ions to those rul ee and regal scions eh ell be binding upon Tenant upon delivery of a copy thereof to Tenant. 13. Holding Over If Tenant remains in po sseseion of the Premises or any part thereof of tat the expiration of the term hereof, With the ezpreea writ [en consent of Landlord, each ac cupancy eh ell be a tenancy from month-to-month at a rental in the amount of the leer monthly rental, plus ell other charges payable hereunder, end upon ell the terms end conditions hereof applicable to a month-to-month iemncy. 14. Entry by Landlord. Tenant hereby agrees that representetiv es of Lendl ord, ae designated by Landl ordee City Memger, ehel 1, duz ing normal business hours, have the right to enter the Prem tees and inspect the same to determine if the eeme compl zee with each and every term sad condition of this Leese and with all applicable City, County, State end Pederel law e, rules, ordinances end regal atione rel sting to building occupancy and the conduct of Temnt'^ bueineee. - Temnt hereby waives avy claim for damages or for ary injury oz incoxrvenience to or interference viL:~ Tenant's bueineee, say loos of occupancy or quiet esj oyment of the Prmiaee, and evy lone occasioned thereby. Por each of the of oremid purpo see, Lendl ord mhall et ell times have end retain a key with which to unlock nll of she doors in, upon end about the Premises, euluding Tesunt'e vault e, mfee end fil ee, end Lendl ord shall have the right to use ary and ell maaua wLich Landi ord say de® proper so open mid doors in en emergency, in order to obtain entry to the Prmiaaa without liability to Tenant except For any failure to a:erciae due care Eor Tenant'• property. E+ny entry to the Premises obtsined by Landlord by any of said reaaosa, or othezr iaa, shall not, under sny circumetancea, be construed or deemed to be a forceable or unlawful entry into, or a detainer ot, the Prsiaas, or so eviction of Tenant from the Premises or eIty portion thereof. / ~~ Wmen'e Information 6 Resource Center Page 5 15. -efault. The occurrence of any one or more of the follwing events shall constitute a default and breach of this Lease by Temnt: A. Vacating or abandorment of the Premises by Tenant; B. The failure by Temnt to make any payment of rent or any other payment required to be made by Terant hereunde x, as and whea due, where sucb. failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant; C. A failure by Temnt to observe or perform any of the cwemnts, conditions or prw talons of this tease to be observed or perf oxmed by Tenant. cther then es described in eubpe ragreph 1H.B., above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Temnt; prw ided, hovev er, that if the mture of the default involves such that more than thirty (30) days are reaeombly required for its cure, then Temnt shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently preeecut ee said cure to completion; end D. The making by Tenant of airy general an eignment or general arrangrent for the benefit of credit ore; or the filing by or against Temnt of a petition to have Temnt edj udged a bankrupt, or a petition or reorganization or arrang®ent under fl¢y lar relating to badrruptcy (unless, i¢ the case of a petition filed against Temnt, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to tnke possession of ua~nu~iai iy uii ui ieunaJ n nn ae ca iucn red i¢ ur u'twur the gamines ar or Temnt's int ereet in this Lease, rhere po ease eion ie not restored to Temne rithin thirty (30) days; oz the attachment, execution or other judicial seizure of eubetantiel ly ell of Temnt'e aerate located in or about the Premises or of Tenant's interest in this Lease, where such seizure ie not discharged in thirty (30) days, 16. Remedies in -efeult. In the ev eat_of a~ such material default or breach by Temnt. Landlord any et any time thereafter and rithout notice or drend end without limiting Lendl ord in the exercise of aright or rredy Landlord may have by reason of such default or breech: A. Tetmimte Temnt's right to poaeeeeion of the Prriaea by eery lawful moans, iG which caatr Chia Ltreatr shall ter~imte end Tamvt shall iredietely surrender possession of the Prriaea to Landlord. In each ev ant, Landlord shell be entitled to recwsr from Tenant all damegaa incurred by Lendl ord by rraoo of Tamnt'a default including, but not limited to, the coat of recwerieg possession of the Prriaea, rpenra of ral etting, including neceeury raowstion and sl tsratiom of iha Prriaea, for rassombl• attorneys' fees end to ate, any real aerate commission •etmlly paid, or the worth at the I Women's Information and Resource Center Page 6 time of award by the court having jurisdiction thereof of the amount by which the ~mpa id rent for the balance of the taw after the time of such ova rd exceeds the amount of such rental lose far the same period that Temnt proves could be reasonably avoided. llnpaid installments of rent or other some shall bear interest from the due date thereof et the rate of eighteen percent (18%) per annum or at the mflaimum legal rate then in effect in Osl ifornie, whichw er is higher. In the went Tennnt shall have abandoned the Premises, Landlord shall have the option of (1) taking posseeaion of the Premises and zecw eying From Tenant the amount epecif ied in this subparagraph, or (2) proceeding under the prw isions of the following eubpa regraphe. H. Maintain Temnt'e right to poeseaeian, in which case this Lease shell continue in effect whether or not Tenant shall have abandoned the Premises. In such w ant, Lendl ord shall be entitled to enforce ell of Landlord's rights end remedies under this Leese, including the right to recw er rent as it becomes due hereunder. C. Pursue erry other remedy nor or hereafter available to City under the lave or judicial decieione of the State of Cal ifornie. Furthermore, Temnt agrees that no el act tan by Lendl ord as to any rights or remedies available hereunder or order or puremnt to any law or judicial decieione of the State of Cal ifornie shall be binding upon Leadl ord until the time Of trial of a~ such action or proceeding, 17. Eminent Dom in. If mote then twenty-five percent (25x) of the Premises ehal ], be taken or appropriated by flrry public or gmsi-pu6l is authority order the power of a. '."".cost ___cie, ..i:hu ~.y Lmew eirnii trove cne rtgnt, et its option, io termini to -this Lease, end Laadl ord shell be entitled to arty and all income, rent, arerd, or say interest therein rhetecw er rhich may be paid or made in connection with such pu6l is or gmei-public use or purpose, and Tennnt shall hove no claim against Lendl ord for the vnl ue of any unezpi red torn of this Lease. If either lees than or more than twenty-five percent (25x) of the Premises ie taken, end neither party el ecte to terminate ea herein prw ided, the rental thereafter to be paid shell be equitably reduced. 1E. Offset Steiement.~ Tennnt shall at any time end from time to time upon not lees then ten (30) days' prior mitten notice from Landlord, ezecuta, ecknwledge sad deliver to Landlord a s[etment in writing (a) certifying that this Lease is umodified and in full force and effect or, if modified, elating the mture of Hoch modifira r: nn and certifq ing that thin Lease, as ro modified, ie 1n full force end effect end the data to rhich the rental and other charges •se psid to advance, if evy, end (b) ackoorladging that there era not, to Tamnt'e kswledge, any uncured dafaul to on the part of Landlord haremder, or speci- fying such defsul is if avy ere claimed. Any ouch stateaent may ba ral tad upon bq erry prospective purchaser or sac~mbrancar of all or avy portion of which the Pree tees are a pert. X88 Wmmen'a Information 6 Resource Center Page 7 19. Assignment and Subletting. Tenanc shall not assign or transfer Shia Leese or airy right hereunder to any other pe rty or pe tries nor shall Temnt eubl et all or airy portion of the Premises without first obtaining the atitten consent o£ Lendl or d. Any as eigment or subletting of the Prem Sees aithout such prior written consent shall he void for all purposes and Lendl ord may, a[ its option, decl are a forfeiture of the same in any manner prw ided by law. Consent to any such assignment of aubl etting shall be ai Landlord's sole discretior. and Landlord is no[ required hereunder to consent to airy each proposed assignment or eubl etting of [he Premise e. 20. Attorneys' Peee. In the event that any action or proceeding ie brought by either party to enforce any tens or pzw Satan of this Lease, the prwail ing party shall recw et Ste zeesomble attorneys' fees and costa incurred with respect thereto. Z1. Pixtures. All trade fiztur ee installed in or on the Premises by Temnt may 6e removed by Temnt et any time dux ing the term of this Lease so long ae the same may be removed without permanent damage to the Premises. Temnt shall repair ell dmage which may zeeult Sherefram to the reeeomble mtiefaction of Gandl or d. 22. Indemnification. Terw nt aoroea tF"t mo...... .,:n :..a.... __: c.. ___~_ v ~ ..r.. Lui.ul v.u e1,u i~.b elected officials, off Scare, agents and empl oy see free end"harml esa from all claims for damage to persona or property by reason of Temnt'e negligence or Temnt's acre or those of Temnt'e empl oyeee, agent e, guests or iirv trees in connection with Temnt'e use and occupancy of the Pr emieee. 24. Insurance A. Piro end Extended Cwerase. 1. Tenauf'e Duty to Eee- Imprwmente Ineurnd. Throughout the term hereof, et Tamnt's sole coat and expense, Temnt shell keep ar cause to be kept insured, for the mutwl benefit of Lendl ord end Temnt, all imprw emente located on or eppurtemnt to the Prod Saes against lose or damage by fire sea such othmr risks as are nua or hereof ter included in en extended coverage aedoraeaaet in common use for such et ructur es, including vandalism and malicious mischief. Tha amowt of the ineuzence shall be eo lea rhea nieety percent (90x) of the than rapl acament coat, ezcl uding co ate of replacing ezcevstions end fcuada lions bat aithout deduction for depreciation (herein called "full insurable val w"). Landlord shalt not carry avy insurance the affect of which would ba to redoes the /~~ Women's Information and Resource Center Page 8 protection or payment to Tenant under a,ry insurance that this Leese obl igatee Tenant to carry. If airy dispute es to whether the amount of insurance complies with the above cannot be resolved by agreement, Landl ord may, not more than once every three (3) months, request the carrier of the insurance then in farce to determine the full insurable value es defined is this prw ieion, and the reeul Ling determine Lion shall be conclusive between the parties for the purposes of this paragraph. Tenant shall include the holder of any mortgage an the Lease ae a loss payee to the ezt ant of that mortgage interest. 2. Proceeds of Fire and eztended Cwezeve I once. Lendl ord ehal 1, ai Tenant's Bole co et end expense, coupe rate fully with Tenant to obtain the largest possible recovery, and ell policies of fire and eatended cw erege insurance required by eubparegraph 23. A. 1, above, shall prw ids that the proceeds shall be paid to Tenant ee foliowe: e. The proceeds shall be de®ed to be held in truer by the recipient to the uses end purposes prescribed by this Leese. b. Diehureemente of proceeds for repair, restoration, or reconstruction of imprw ®ente shall be made monthly on architect's certificates until all the work ie completed snd accepted; prw ided, horev er. that each disbursements shall not ezceed ninety percent (90S) of the work in place until completion, acceptance. ezpi ration of time for lien claims, end elimination of all liens claimed. c. Any insurance proceeds remaining after complying with the prw ieiona of this Lease relating to maintenance, repair, and r ec0 net tact ion of imnrw aannte eh •11 hu •h.. ....~..., B. Public Liability Insurance. Throughout the term hereof at Tenant's sole coat and ezpense, Tenant shell keep or cause to be kept in full force and effect. for the mutual benefit of Lendl ord and Terient, comprehensive broad forn general public liability insurance against claims and liebil ity for pereoml injury, death. or property damage arising from the use, occupancy, disuse, or oondition of the Premises, imprwments, or sdj oining areas or ways, prw iding protection of at least One Million Oo~irs ($1,000,000) for bodily Injury oz death to evy one person, Ono Million Dollars ($1,000,000) for any ooe accident or occurrence and et least Pive Hundred Thousand Dol lore ($500,000) for property damage. C. Yolicv Pozm, Contents snd Insurer, All insurance raquirad by azpreae prw ieion of this Lassa shell be ce tried only in responsible insurance companies licenmmd to do bueinasa in the State of California. All each policies shell contain lsnguege to the effect that (1) the insurer vaivss the right of eubrogsiion •gainat Landlord end egeinet it^ empl oyaes, agmnts and repreeantativae, (2) cha pol icias are primary snd noncontributing With a`ry insurance that msy be ca triad by Landlord, /~~ Women's Information S Resource Center Page 9 end (3) they cannot be cancelled or materially altered except after thirty (30) days' notice by the insurer to Landlord. Tenant shall furnish Landlord with copies of all such policies promptly upon receipt of them and certificates evidencing the insurance. Prior to the commencement of Chia Lease, TenanT shall furnish Landlord with binders representing all insurance required by This Lease. Tenant may effect for ire orn account arty insurance not required under this Leese. D. Failure to Maintain Insurance; Proof of Compliance. Tenant shall deliver to Lendl ord, in the manner required for notices, copies or certif ice tea of ell insurance pol iciee required by this Lease, together with evidence eatiefectory to Leadl ord of payment required for procur ment end maintenance of the policy, within the follwing time limit e: Por insurance required at the commencement of this Lease within ten (10) days after execution of this Lease; For insurance D¢com ing required et a later de te, at least ten (10) days before that requirement takes effect. or es eaon thereof ter ee the requitement, if nw, takes effect; Por any renwsl or replacement of s policy already in ezietence, at least wenty (20) days before ezpi ration or other termination of the ezieting policy. If Tenant fails or refuses to procure or meiatein insuraace ae required by this Leese, or fnile ox refueea to fuzriah Landlord with required proof that the insurance has h«en o ,.va ..n? = - ,,,i ~a and pats ror, Landlord shall have the right, et Landl ord'e election `and on five (5) days' notice, to procure aad maintain such insurance. The premiums paid by Landlord shell be treated ea added rent due from Tenant with interest et the rate of eighteen percent (18x) per year or the mazimue ellwa6le legal rate in effect in the State of California on the de to vhm the premium is pnid, rhichev er ie higher, to be paid on the first day of the month follwing the date on which the premium wee paid. Lendl ord shall give prwpt notice of they payment of such premiums, stating the svounte paid amd the names of the insurer or ineurere, nod interest shall run from the day of the notice. 24. Authority of Parties. Rach indiv iduel executing this Lease on behalf of Teaant represents end va rrente that they ere Fully authorfz ed to execute and deliver this Lease on behalf of Tenant nod ttat [hie Lease ie bicdzng upon Tarunt in accordance with its term e. 25. Waiver. The asiver bq Lsadl ord of say term, eweaant or condition harain conteiaad shell not be deemed to be a raivar of such term, cwavant or I~~ Women's Information end Resource Center Page 10 condition on airy subsequrnt breach of the soma or avy other term, Cwemnt of condition herein contained. The subsequent acceptance of rent hereunder by Landlord eh all not be de mad to be a waiver of any preceding breach by Tenant of any term, cwemnt or condition of this Leese, other then the Failure of the Tennnt to pay she particul er rental eo accepted, regerdl esa of Landlord's knowledge of such preceeding bleach at the time of the acceptance of such rent. 26. Time. Time ie of the essence of this Lease and each and all of its prw isions in which perf ormence ie a factor. 27. Late Charges. Tennnt hereby acknowledges that late payment by Tennnt to Lsndl ord of rent or other sums due hereunder will cause Agency to incur co ate not contmpl eted by this Leeae, [he erect amount of which will be eztzmely diF£icult to ascertain. Such costa include, but ere not limited to, processing end accounting charges. Accordingly, if avy iactet lmeat Of tent of of a eum due from Tennnt shall not be received by Landlord or Landl ord'e deeigmee rithia ten (10) days after written notice that said amount ie peat due, then Tennnt shall pay to Lendl ord a late charge equal to ten percent (ICx) of such Overdue amount. The parties hereby agree that sacs late charge6 represent a fsir sad rea somble estimate of the co et that Landlord rill incur by reason of the late payment by Tennnt. Acceptance of such late chergee by Landlord shall in no event constitute a waiver of Tennnt'e default with respect to each warden amount, nor prevent Landlord frm e:ercieing etry of the other rights end mediae granted hereunder. 28. Inability to Perform. This Lease end the obl igatione of Temut hereunder shall not be affected or impaired because Landlord is enable to fulfill e,ry of its obl igeticna hetmnder or ie delayed in doing ao, if such imbil ity or del ey ie caused by reason of strike, war, civil insurrection, acts of God, or arty other cease beyond the reesomble control of Lendl ord, 29. Sale of Premisaa b~Laadlord. In the went of any sale of the Pr ®isea, Landlord shell be and hereby ie entirely freed and relieved of all liability mdtr say and ell of the cwemnte end obl igatione contained in oT derived frog thi• Leeae arising out of any act, occurrence or mission occurring of ter the consummation of such eel e. The purchaser, at ouch sale n2 anp evhaequmnt cola of the Pr®isas, shell be denied, without evy further •grarent betram the pm rtisl or their succeaeors in interest or between the parties and avy ouch purchaaar, to have assumed end agreed to entry out each end all of the cwewnta and obligations of Lendl ord under this Lease. 19~- Women's Information b Resource Center Page 11 30, SiRne, Tenant shall not place a•ry sign upon the Premises vithouG Lendl ord's prior rritten consent and approval thereof. 31. Performance Bond. Prior to the commencement of any repair, alt eretion, addition, renw scion or improvement ae may be required or perm i*_te3 herein, Terart shah file with Landlord's City Manager a corporate su: sty bond ae tisfact ory to Landlord's City Council end conditioned that the Tenant shell well end truly observe, fulfill and perform each and eve re ry pair, al tetation, addition, renwetion or improvement contemplated. The corporate sus sty bond shall be in the penal sum of one hundred and tea percent (110x) of the reasonable value of atry such repair, al !eretion, addition, renovation or improvement es determined by the Lendl ord's Building Official, whose decision shall be final. In the went of any breech of any condition of the of oreeaid bond, the vhole amount of the penal sum therein named shall be deemed to be liquidated damages, and the same shall be recoverable from the principal end sureties upon the bond. Upon comp! etioa of the repairs, al teretione, additions, r®wation or improvements secured by acid corporate eusety bond, Tenant may epplq to the Landlord's Huil ding Official for a reduction in the peml sum of said band and said Building Official, upon ea tiafeci ory proof preeeated to him, shall reduce the penal sum thereof to en amount not ezceeding fifty percent (50x) of the reasonable value cf said repairs, al teretioas, additions, renovation or imprwemente. Said bond, ee reduced is the penal sum thereof, shall be meieteined in full force end effect until the time for the filing or enforcement of env mechwnir'e_ :..•...__•_ liens eriein from, or a m •~^ ~ ~e yr subcontract Or's g n9 claim for any work of Vrepair, felt eretion, eddi[ion, renwetion ar imprwemeat of or to the Prmieee or any other claim or demand hweoev er the same maq arise ahnil hove ezpi red, In no event, horev er, shall Tenant's obl igeiion to indemnify end hold Landlord and the Prmieee free and harmless from ory such claims end demands be abrogated by ihia requirement for the maintenance of said corporate surety bond, 32. Succeeeoxa. Subject to t3a prw iaione of ihia Lease rith respect to aesigment end sub! ettieg, aecp sod all of the ew manta and conditions of this Leese shall be binding on nod shall inure to the bamef it of the aucceaeors of the reapactive pe sties. 33, Nnticea. Anq notice required or permitted under the testa of this Leaaa shall be dated served rhen peraoaal ly serv ad on Tenant or Landlord's Ciiy Mmnagar or rhen the same Asa been plecad ie the United 3tata^ mail, postage prepaid and eddreaned as fol lore: I q3 Women's Iator~ation end Reeource Center Page 12 Tenant: Women's lnformatiort and Reeource Center P. O. Ho: 2272 Nontclair, Cal ifoxnie 91763 Lendlord: City cf Rancho Cucemnnga Attention: City Manager P. O. Boz 807 Rancho Cucamonga, California 91730 34. Ezecution by Landlord Noi a Waiver. Tenant understands and agrees that Lendlord, by enteriag into and eaecuting this Lease, shall not here raived a~ right, duty, privilege, obligation or authority veered in the Landlord to approve, di eapprwe or Condit i.orelly approve any appl ice Lion rhich Tenant may be required to make under amy lava, rules, ordinances os reguletione nw oT hereafter in effect which the Lendlord may be empwered io apply, including, but not limited to, any use permit or approval. rhether similar in nature or not. 35. Entire Aareenent. This Lease contains the entire agreaemt betreen the pmrtiea. No promise, representation. rarranty, or covenant not included in tbie Lease hee been oz ie relied on by either party. Each party has zel Sed on hie wn ezamim Lion of Chia Lease, the counsel of hie ovn edv isore, and the rarranties. representations, and covenants is the Laaae itself. The failure or refusal of either party to inspect the Preaiaea oz imprwemest e, to read the Leese or other documents or to obtain legal or other adn tee zelevanC to ihie traaeection conetitut es a reiver of ew ohi ecH nq ..___~, _v ;...:_a ....;. .,laic i:ave been based on each reeding, inspection or edv ins.` I~~ Women's Information 6 Resource Center Pegs 13 WNEREFDRE, the parties hereto have entered info the Lease as of Che date set forth bel oq cpposite the name of each signatory hereto. Dated: V ~1 • (d ~ /(~~ Ri!(flAlr ,/.'VJ"~{~t/I LLB. Hy: Dated• 11 ~~-~~ Ey: l ordn 1 ~~ ' ~ ,~ Mayor Dated• ~ ~' ~ ~~ ity Cle I 1 LEASE This Lease is made and entered into by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a Municipal Corporation (hereinafter refezretl to ae "Landlc 'd") and WOMEN'S INFORMATION AND RESOURCE CENTER, a California nonprofit corpora ion (hereicafter refarrad to as "Senant"~. ... Premises. Landlord Hereby agrees to lease to Tenant and Tenant agrees to lease from Landlord that portion of that certain parcel of real property located in the City of Upland, California, commonly known by the street address of 111 North Grove Avenue particularly described in the map attached hereto as Exhibit "A" and by this reference made a part hereof and here inaEtex referred to ae "Che Pr em is ea". Said Lease ie subject to the terms, covenants and Conditions hereinafter set forth and Tenant covenant e, as a material part of the consideration for this Lease, to keep end perform each and every term, covenant and condition of saitl Lease. 2. Term. The term of this Lease shall be for one (1) year, commencing on November 15, 1989, and ending on November 14, 1990. 3. Rent. Tenant agrees to pay to Landlord rental, without prior notice oz demand by Landlord, in the sum of One Dollar ($1.00) per year in advance. Said rental shall be paid to Landlord, without deduction or of Eeat, in lawful money of the United 8tatea of America, at 9320 Baee Line Road, Suite •'C", Rancho Cucamonga, California 91701, or at such other place ae Landlord may designate. 4. Use, Tenant ehalj„l+ee the Premises for an information and referral center, relaced office and meeting uses and shall not use or permit Lhe Premises to be used for any other purpose wiChout the prior written consent of Landlord. Tenant shall Hoe do or permit anything to be done in or ebcut the Premises nor bring or keep anything therein which will in any way inereaee the existing rate of or affect any fire or other insurance upon the Premises or any of rte contents, of cause canceilag ynn of _.._tranw p:.l icy uwerinq the Premises or part thereof or portion of ire contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or inier£ere with the rights of other parties pr injure or annoy them or use or allow or permit the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Nor shall Tenant roues, maintain or permit any nuisance in or about the Premise9. Tenant shall not commit or suffer to be conmitted any waste in or upon the Premises. 19~ Women's Information and Resource Center Page 2 5. C~liance with Law. Tenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, ordinance or other governmental rule or regulation now in force or which may hereinafter be enacted or promulgated. Tenant shall, at its Bole coat and expense, promptly comply with all laws, etatutea, ordinances end other governmental rules, regulations or requirements now in force or which may here ina_eer be enacted or promulgated, and with the requirements of any board o. file insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use ox occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements and acts. The judgment of a court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or any other governmental rule or regulation shall be conclusive of that fact ae between Landlord and Tenant. 6. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in or to or aDOUt the Premises or any part thereof without the written consent of Landlord fir et hat and obtained and any alterations, eddit ions or improvements in, to or about the Premieee including, but not limited to, wall coverings, paneling and built-in cabinet work, but excepting moveable furniture and trade fixtures, shall on the expiration of the term hezeo£ become a part cf the realty and belong to Landlord and shall be surrendered with the Premieee. In the event Landlord consents to the making of any alterations, additions or improvements to the Premieee by Tenant, the same shall be made by Tenant et nenant~a sole coat and expense, and any contractor or person selected by Tenant to make the same mu et firer be approved of, in writing, by Landlord. Upc,n the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlortl giver. at least thirty (30) days prior Co the end of the term, at Tenant's sole coat and expense, forthwith and with all due diligence remove any alt erat inns, additions, or improvements made by Tenant, d9 eignated by Landlord to be removed, and Tenant shall, forthwith and wish all due diligence at its sole coat and expense, repair any damage to the Premieee caused by each removal. 7. Renaire. By taking poeeeeeicn of the Premieee, Tenant shall be deemed to have accepted the Premises as being in good aanitary order, condition and repair. Tenant shall, at Tenant's sole coat and exnenew, 4sep the Premieee and any part ~seracE in good condition antl repair. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premieee to Landlord in good condition. Landlord shall have no obliget ion whatsoever to alter, remodel, improve, repair, decorate or paint the Premieee, or any part thereof, and the parties hereto nfflrm that Landlord hoe made no representations to Tenant respecting the condition of the Premieee or the building thereon except ae epscif ically set forth herein. Tenant understands and egress that the premises may re renovation to Dring the same Into compliance with all applicable building 1 Women's Information and Resource Center Page 3 and safety Codes and tenant covenants that it shall undertake and do any and all acts necessary and reasonable to bring the Premises into compliance with Bald building and safety codes at Lhe sole coat and expanse of Tenant. Tenant further agrees that it shall submit to Landlord, prior to applying for any permits to renovate, reconstruct, improve, alter or in any other way modify the Premises, plans and apecificat ions for Landlord's approval which shall not be unreasonably withheld. Landlord shall not be liable for any failure to make any each repairs, or to perform any maintenance except as epee if ically provided herein. Except ae may otherwise be provided herein, shore shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from making of any repairer alterations or improvements in or to any portion of the building or the Premises or in or to any fixtures, appurtenances and equipment therein. Senant hereby specifically waives the right to make repairs at Landlord's expense under any law, statue or ordinance now or hereafter in effect. 8. Claims Aaainet Premieee. Tenant shall not suffer or permit to be enforced against the Premieee, or any part thereof, any mechanic's, materialman'a, contractor's or aubcontra ctor'e liana arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Premieee or any other claim or demand howsoever the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands Defore any action ie brought to enforce the same against the Premieee. Tenant agreee tc indemnify and hold Landlord and eha Premieee free and harmless of all liability for any and all such claims and demands, together with Landlord's reasonable attorneys' fees and all costa and axoen sea ~~ ~~ .____.. _..........,,.,. 9. Maintenance of Grounds Tenant agreee that Tenant will maintain the grounds in antl about the Premises ae indLCated in Exhibit ^A" hereto, by this reference incorporated herein and made a part hereof. 10. Util it ie e. Tenant shall pay the coat of any and all water, electrical, gas or other utility services delivered to the Premieee during the term hereof antl shall have such utilit ice installed and/or connected and malntaLned at Tenant's sole cost and expense. ,1, m Tenant shall pay, or cause to be paid, before delinquency, any end all taxes levied or assessed and which become payable during the term hereof upon all of Tenant's possessory interest in and to the Premieee, leasehold improvements, equipment, turnlture, fixtures and personal property located in or about the Premieee. Tenant agreee chat, without prior demand or notice by Landlord, Tenant shall, not lees than fifteen (15) days prior to the date upon 19~ Women•6 Information and Resource Center Page 4 which any such possessory interest or other such tax ie due, provide Landlord with proof of payment of each tax. 12. Rules and Reaulatione. Tenant shall faithfully observe and comply with all the ru lee and regu latione that Landlord shall from time to time promulgate. Landlord reserves the righT. from time to time to make all reaeona6le mod ificatione to said rules and rega.at ions. The additions and mod if is at ions to those rules and regu let ions shall be binding upon Tenant upon delivery of a copy thereof to Tenant. 13. Holding Over. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof, with the express written consent of Landlord, such occupancy shall be a tenancy from month-to-month at a rental in the amount of the last monthly rental, plus all other charges payable hereunder, and upon all the terms and conditions hereof applicable to a month-to-month tenancy. 16. Enttv by Landlord. Tenant hereby agrees that representatives of Landlord, ae designated by Landlord's City Manager, ahal 1, during normal bueineee hours, have the right to enter the Premises and inspect the same to determine if the same complies with each and every term and condition of this Leases and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of Tenent'e bueineee. Tenant hereby watvee any claim for damages or for any injury or inconvenience to or interference with Tenant's bueineee, any lose of occupancy or quiet enjoyment of the Premises, and any loos occasioned therehy. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premieee, exc lutling Tenant•e vau lte, safes and files, and Landlord shall nave the right to ue¢ any and all manna which Landlord may deem proper to open saitl doors in an emergency, in ortler to obtain entry to the Premieee without liability to Tenant except Eor any failure to exercise due care for Tenant's property. Any entry to the Premieee obtained by Landlord by any of said reneone, or otherwise, shall not, under any circumetancee, be construed or deemed'to be a forcible or unlawful 4lit ry into, or a detainer of, the Premieee; or an eviction of Tenant from the Premieee or any portion thereof. 15. Default. Tha occurrence of any o nr mare of the fnllrnuing events ehal! constitute a default and breach of this Lease by Tenant: A. Vacating or abandonment of the premises by TannntJ e. The failure by Tenant to mnka any payment of rent or any other payment requ lred to 6e made by Tenant hereunder, ee and when due, where each failure shall continua for a period of three (3) tleye after written notice thereof by Landlord to Tenant) Wwsen'e Information and Resource Center Page 5 C. A failure by Tenant to observe or perform any of the covenants, contlit ions or provisions of this Lease to be observed or performed by Tenant, other than ae described in subparagraph 15.8., above, where each failure eh all cunt Sous for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, howeveY, that if the nature of the default involves such that more than thirty (30) days ere reasonably required Eor ire cute, then Tenant shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes ea id cure to completic .; and D. The making by Tenant oP any general assignment or general arrangement for the benefit of creditore7 or the filing Dy or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganireiion or arrangement under any law relating to bankruptcy (unless, in the case of a pet it icn filed agalne! Tenant, the came ie dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of eubetantially all of Tenant's assets located in or about the Premises or of Tenant's interest in this Lease, where possession ie not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of eubetantially all of Tenant's assets located in or about the Premises or of T¢nant'e interest in '.hie Lease, where such seizure le not discharged in thirty (30) days. 16. Remedies in Defau t. In the event of any each material default or breach by Tenant, Landlord may at any Lime thereafter and without notice cr demand and Without limiting Lend lord in the exercise of a right or remedy Landlord may have Dy reason of such default or breach: w. 'rermrnate Tenant's right to possess ion of the Premises by any lawful means, in which case this Lease shall terminate end Tenant shall immediately surrender possession of the Premises to Landlord. Ir, such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default inclutling, Dut not limited to, the coat of recovering possession of the Premise e, expenses of reletting, inc lading necessary renovation and alteration Of the Premises, for reasonable attorneys' fees and cost e, any real estate commission aetuelly paid, or the worth at the Cima of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the Cime of such award exceeds the amount of such rental loos for the same period that Tenant proves could be reasonably avoided. Vnpe id installments of rent or other same shell bear interest from the due date thereof at the rate of eighteen percent (18f) per annum or at the maximum legal rate then in effect in Cal ifornla, whichever le higher. In the event Tenant shall have abandoned the Premises, Landlord shall „o.¢ a ~ptiun of (i( tekang possession of th¢ Premises end recovering from Tenant l'the amount specified in this subparagraph, or (2) proceeding under the ocoviaione of the following eubparagrephe. VO Wcmen•e Information and Resource Center Page 6 B. Maintain Tenant's right to possession, Ln which case this Lease shell continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Leaae, including the right to recover rent ae it becomes due hereunder. C. Pursue any other remedy now or hereafter available to City under the laws or judicial decieiena of the State of California. Furthermore, Tenant agrees .hat no election by Landlord ae to any rights or remedies available hereunder or under or pursuant to any law of judicial decisions of tae State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. 17. Eminent Domain. If more than twenty-five percent (28t) of the Premises shall be taken or appropriatetl by any public or quasi-public authority under the power of eminent domain, either party hereto shall have the righ*_, at ire option, to terminate the Leaae, and Landlord shall be entitled to any and all income, rent, award, or any Lntereet therein whatsoever which may be paid ar made in connection with such public or quasi-public use or purpose, and Tenant shall have ne claim against Landlord for the value of any unexpired term of this Lease. If either leas than or more than twenty-five percent (28\) of the Premises ie taken, and neither party elects to terminate ae herein provided, the rental thereafter to be paid shall be equitably reduced. l8. Offset Si atement. Tenant shall at any time and from time to time n ,..,r ~,...,. .4-- ten (10) days' prior written notice from Landlord, execute,Nacknowleage and deliver to Landlord a et atement in writing (a) certifying that this Lease ie unmodified and in fait force and effect or, if modified, stating the nature of such modification and certifying that ehie Leaae, ae eo mod ifted, is in full force and effect and the date to which Che rental and other charges are paid in advance, if any, and (b) acknowledging that there are notr to Tenant's knowledge, any uncured defaults on the pars of Lantllord hereunder, or specifying such def suite if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Premigee are a part. 19. Aeeicnment and S bl trio . Tenant shall not assign oz transfer this Levee or any right hereunder to any other party or parr tee nor shall Tenant sublet all or any portion nr the Fremia ee wrthout filet obtaining the written consent of Lantllord. Any see ignment or subletting of the Premises without such prior written consent shall be void for all purposes and Landlord may, et ire option, tleclare a forfeLture of the same in any manner provided by law. Consent to nny such eegignment or subletting shall be at Landlord's sole diecret ion and Landlord ie not required hereunder to consent to any each proposed aesiynment or subletting of the premi see. ~~' women's Information and Resource Center Page ~ 20. Attorneva' Feae. In the event that any action or proceeding ie brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys' fees and costa incurred with respect thereto. 21. Fixtures. All trade fixtures installed in or on the Pzemieee by Tenant may be removed by Tenant at any [Sme during the term of Lhie Lease eo long ae the same may 6e removed without permanent damage to the Premises. Tenant shall repair all damage which may result therefrom to the reasonable eatief act ion of Landlortl. 22. Indemnification. Tenant agrees that Tenant will indemnify and nold Landlord and tie electetl officials, officers, agents and employees free and harmless from all claims for damage to persona or property by reason of Tenant's negligence or Tenant's acts or those of Tenant's employees, agent e, queers of invitees in connection with Tenant's use and occupancy of the Premises. 23. Insurance A. Pire and E t d d C 1. Te na nt'n Duty ~ R -e [ d. Throughout the term hereof, at Tenani'e sole co et and expense, Tenant shall keep or cause to be kept Lneured, for the mutual bane! i• s r...w,.._a ono '!anent, all improvements located on or appurtenant to the premises against lose or damage by fire and such other risks ae are now or hereafter included in an extended coverage endorsement in common use for such etructuree, including vandalism entl malicious mischief. The amount of the insurance shall be no less than ninety percent )90e) of the then replacement coat, excluding costa of replacing excavat Iona and foundations Dut without deduction for depreciation !herein called ^full insurable value"). Landlord shall not carry any insurance the effect of which wou],d be to reduce the protection or payment to Tenant under any insurance that this Geaee obl igatee Tenant to carry. if any dispute ae to whether the amount of inea'rance complies with the above ennnot 6e resolved by agreement, Landlord may, not more than once every three (3) months request the carrier of the insurance then in force to determine the full insurable value ae defined in thin provision, and the resulting determination shall be conclusive between the part tee for the purposes of this paragraph. Tenant shall Include the holder of any mortgage on the Lease as a lcss payee to Ll~e extent nF roar mortgage int ere et. 2. Proceeds f F~ a d 6 to d d G I eu anc . Landlord shall, at Tenant's sole co et end expense, cooperate Eu11y with Tenant to obtain the largest possible recovery, and all policies of fire and extended coverage Insurance required by subparagraph 23.A.1, above, shall provide that the proceeds shall be paid to Tenant ae follows: qty, Women's Information and Resource Center Page 8 a. The proceeda shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease. b. Disbursements of proceeda for repair, restoration, or reconstruction of improvements shall be made monthly on architect's cart if icetea until all the work ie completed and accepted) provlded,however, that such tliebursement9 shall not exceed ninety percent (906) of the work in place until completion, acceptance, expiration of time for lien claims, and elimination of all liens claimed. c. Any insurance proceeda remaining after complying with the provisions of this Lease relating to malntenence, repair, and reconstruction of improvements shall be the sole property of Tenant. B. Public Liabil itV Insurance. Throughout the term hereof at Tenant •e sole coat and expense, Tenant shall keep or cause to be kept in full force end effect, for the mutual benefit of Landlord and Tenantr comprehensive broad form general public liability insurance against claims and liability for personal injury, tleath, or property damage arising from the use, occupancy, disuse, or condition of the Premises, improvements, or adjoining erase or ways, providing protection of at least one Million Dollars ($1,000,000) for bodily injury or death to any one person, One Million Oollara ($1,000,000) for any one accident or occurrence end at least Five Mu nd red Thousand Dollars ($500,000) Eor property damage. C. Poli ev Form, Contentg and Insurer. All inavYanCB Yew 1[sd DV exDr868 DrOV1810n of thaw T.wa ww ahal l be carried only in reapons ibis Lneurence companies licensed to do 6ueineea in the State of California. All each policies shall contain language to the effect that (1) the insurer waives the right of subrogation against Landlord and against ire employees, agents and repreeantativea, (2) the policies are primary and noncontributing with any insurance that may be carried by Landlord, and (3) they cannct be cancelled or materially altered except after thirty (30) days' notice by the insurer to Landlord. Tenant shall furnish Landlord with copies of all such poi is ice promptly upon receipt of them and certiflcatee evidencing the insurance. Prior to the commencement of this Leases, Tenant shall furnish Landlord with binders rA~Peaenting all insurance raga iced by this Lease. Tenant may effect Eor ire own account any ineurence not required under this Lease. D. Failure to Maintain Ineurancel Proof of Comollence. Tersest shall deliver to Landlord, :n the manner required fox notice e, copies or cart ificatee of all ineurence policies required by this Lease, together with evidence eat icfactory to Landlord of payment required for procurement and malntenence of the policy, within the following time limits: Por ineurence required et the conmencement of this Lease within ten (SO) days after execution of Chia Lease) .~~~ Women's Intormat ion and Ae source Center Page 9 For insurance becoming required at a later date, at least ten (30) days before that requirement takes effect, or ae soon thereafter ae the requirement, if new, takes effect; For any renewal or replacement of a policy already in existence, at least twenty (20) days before expiration or other termination of the existing policy. If Tenant fails cr refuses to procu.-e or maintain insurance ae required by this Lease, or fails or refuses to furnish Landlord with raga iced proof that the insurance hoe been procured and ie in full force and paid for, Landlord shall have the right, flt Landlord's election and on five (5) days' notice, to procure and maintain such insurance. The premiums paid by Landlord shall be treated ae added rent due from Tenant with interest at the rate of eighteen percent (18i) per year or the maxLnum allowable legal rate in effect in the State of California on the date when tae premium ie paid, whichever ie higher, to be paid on the first day of the month following tae date on which the premium was paid. Landlord shall give prompt notice of the payment of ouch premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the day of the notice. 24. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that they are Eu lly authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with Lte terms. 25. Waiver. The waiver by Landlord of nny term, covenant at condition herein contained shall not be deemed to be a waiver of each term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of Chia Lease, other than the failure of the Tenant to pay the particular rental so accepted, regardleee of Landlord's knowledge of such preceding breach at the time of the acceptance of ouch rent. 26. Time, Time is of the essence of this Lease and Bach and all of ire provisions in which performance ie a factor. 1/. Late Charge. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other same due hereunder will cease Agency to Lncur coats not contemplated by this Lease, the enact amount of watch will ba extremely diff lcu It to ascertain. such costa include, but are not limited to, proceaeing and accounting charges. Accordingly, Lf sny inetellment of rent or of a sum due from Tenant eha 11 not be received by Landlord or Landlord's designee within ten (10) ~~ Women's Information and Resource Center Page 10 days after written notice that said emou nt ie peat due, then Tenant shall pay to Landlortl a late charge equal to ten percent (l0R) of each overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the coat that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant's defnuli with respect to each overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. 2H. Inab;.lity to Perform. This Lease and the oDl igatione of Tenant hereunder shall not be affected or impaired because Landlord ie unable to fulfill any of its obligations hereunder or is delayed in doing so, if each inability or delay is caused by reason of strike, «ar, civil insurrection, acts of Godr or any other cause beyond the reasonable control of Landlord. 29. Sale of Premises by Landlord. In the event of any Bale of Lhe Premieee, Landlortl shall be and hereby is entirely freed and relievetl of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the coneunmation of such ea le. The purchaser, at such Bale or any subsequent Bale of the Premieee, shall be deemed, without any further agreement between the parties of their successors in interest or between the patties and nny such purchaser, to nave assumed and agreed to carry out each and ali of the covennnta and obi igatione of Landlord under this Lease. in. [tnno Tenant shall not place any sign upon the Premieee without Landlord's prior written consent and approval thereof. 31. Performance Hond. Prior to the commencement of any repair, alteration, addition, renovation or improvement ae may Da required or permitted herein, Tenant shall file with Landlord's City Henager a corporate surety bond sat ieEactory to Land lord'a City Council"' nd conditioned that the Tenant shall well and truly observe, fulfill and perform each and every repair, alterntionr additlonr renovation or improvement contemplated. The corporate surety bond shall 6e in the penal sum of one hundred and ten percent (S10a) of the reasonable value of any such repair, alteration, addition, renovation or improvemenC as determined by the LnudlGrd'a Hul idluu Of fioi al, whose decision shall be final. In the event of any breach of any condition of the aforeeattl bond, the whole amount of the penal sum therein named shall b. l~asmetl to be liquidated damages, and the same shall be recoverable from the principal and sureties upon the Dond. Upon completion of the repairs, alterations, additions, renovation or improvements secured by said corporate surety band, Tennnt may npply to tho Landlord's Building Official for a redaction in the penal sum of said bond and said Building Offic iel, upon satisfactory proof presented to him, shall reduce ~~ women's Information and Resource Center Page 11 the penal gum thereof to an amount not exceeding ftfty percent (508) of the reasonable value of said repairs, alterations, additions, renovation or improvements. Said bond, as reduced in the penal sum thereof, shall be maintained in full force and effect until the time for the filing or enforcement of any mechanic's, materialman's, contractor's or subcontractor's liana arising from, or any claim For any work of repair, alteration, addition, renovation or improvement of or to [he Premises or any other c1aLs or demand howsoever the same may arise shall have expired. In no event, however, shall Tenant's obligation to rode; iify and hold Landlord and the Premises free and harmless from any ouch ~.oima and damande be abrogated by this requirement for the maintenance of said corporate surety bond. 32. Successors Subject to the provigione of this Lease with respect to assignment and subletting, each and all of the covenants antl cond itiona of this Lease shall be binding on and shall inure to the benefit of the aucceeaeza of the respective parties. 33. Notices. Any notice required or permitted under the terms of this Lease eha 11 be deemed served when personally served on Tenant or Land lord•e City Hanager or when the same hoe been placed in the United states mail, postage prepaid and addressed ae follows: Tenant: Women's Information and Resource Center P.O. Box 2272 Montrlalr, California of iav Landlord: City of Aancho Cucamonga Attention: City Manager P.O. Bax BU7 Rancho Cucamonga, California 91729 34. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, pr ivilege, obligation or authority vested in [he Landlord to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which the Landlord may be empowered to apply, including, but not limited to, any use permit or approval, whether eim+t,ar in nature oz no.. 35. Ent ixe Agreement. This Leese contains the entire agreement between the parties. No promLSe, repreeentat ion, warranty, or covenant not included In this Leese hoe been or ie relied on 6y either pnrty. each pnrty hee relied on hie own examinat ion of ihie Lesee, Che counsel of hie rnm advisors, end the warrnntiae, representations, and covenants In the Lesee itself. Tha Eailura or refusal of ©~ women's Information end Aeeource Center Page 12 either party to inspect the Premieee or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction cone[ itutee a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advice. WE3ER&POAA, the parties hereto have entered into the Leae¢ as of the date set forth below opposite the name of each signatory hereto. 'Tenant" By: Dated: ey: "Landlord" Hayor r: ~.. ries ~~ exHistr „III I ~ x mxi x TN % I '.- 1j3F__________. L~• ~ R w$ I o x woe J ~~ % IIW • _ __ __ __ __ x wra,- [ tg03 N TRS I k w~3 _ ___ ~ I I W I i I x w,a I L. I ~ _ x w~ 0 x O `J• _~ r wr.c CNA T x x x me.o ~ r ~_-t -a. i i r i ~{- r mr~ ~1•.Q/4m'1lii*lDY° I ~~ f -_-• r-- z a M x I I .n X M CITY OF RANCHO CUCAMONOA STAFF REPORT GATE: October 18, 1989 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner SUB,IEC T: ADVERTISING REGULATIONS FOR AUTO SALES CENTERS RECOMMENDATION: The recommendation is that the City Council consider the discussions of the Planning Commission of September 27, 1989 and either determine that an amendment is appropriate and direct staff to prepare an amendment to the Sign Ordinance or determine that no amendment should 6e pursued at this time. II. BACKGROUND: On September 6, 1989 the City Council forwarded to the Ong Commission a request to consider amendments to the advertising regulations for auto sales centers. On September 27, 1969 the Planning Commission considered the request of the Council and it was the consensus of the Planning Commission that an amendment to the Sign Ordinance should not be pursued at this Lime but should be pursued for a regional auto center if and when an apDl ication is submitted. 7" vnna ratlnn of thn planninn rnmmieeinn'c dicr action of ih is matter, staff made initial contacts with the cities of Cerritos, Pomona, Tustin, Montclair and Upland. Staff discovered that it is very common to have special sign provisions for auto sales centers. A copy of the Planning Commission Staff Report and minutes of the September 27, 1989 meeting have been attached and address the various options presented to the Planning Commission and their conclusion. Res tf y s iRT ed i ra Buil City ner ~ ~ - BB:sp Attachments: Exhibit "A" - Planning Commission Staff Report of September 27, 1989. Exhibit "B" - Planning Commission Minutes of September 27, 1989. CiTY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 27, 1989 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner SUBJECT: ADVERTISING REGULATIONS FOR AUTO SALES CENTERS I. BACKGROUro: On September 6, 1989, Lhe City Council voted 3-2 to forward to the Planning Commission a request to consider amendments to the advertising regulations for auto sales centers. The City Council discussed several options, but determined not to fornard a specific direction at this time, but rather to request that the Commission consider the benefits and options of amending the Sign Ordinance for auto sales centers. Because auto sales centers have the ab111ty to be an excellent financial resource to the City, this is a use ae would 11ke to attract to Rancho Cucamonga. [I. ANALYSIS: Staff has made some in it tai contacts with the cities of erritos, Pomona, Tustin, Montclair, and Upland. Ne have discovered that St fs very Common to have special provisions for alto sales centers. The Stan Ordinance can be amended to allow for the preparation of spec7nl sign programs for auto sales centers. These Drag rams can be tailored to the specific location and architecture of each separate center. Another opt ton would be to address specific regulations within the Sign Ordinance Itself that would define specific sizes and types of signs that arc permitted for auto sates centers. The Council also requested that the option of "no change at th/s time' be prcsetl[!d to the Commission for consideration. The test opt ton staff w111 present at this in ittal consideration by the Coawisston is stm7lar to the first option mentioned above. The only difference is that consideration might be given to only alloaing special sign Drag rams for auto unters that arc within the I-15 corridor, on FootMll Boulevard, or at any other specific location deemed appropriate by the Commission and Council. ~xh~b~+" A °` Pt. ~L mVERTI SI N6 REGULATIONS Fdt AUTO SALES CENTERS September 27, 1989 Page 2 III. STAFF RECOMiEMDATION Staff recommends that the Planning ommis sion const er the informal ton Dresented and either determine that an amendment is appropriate and direct staff to prepare an ameMment for Commission consideration or determine that no amendment should be pursued at this time. to either case, staff will alert the City Cau ncii of the Comm issi On's decision before ray action would be taken. Res lly s led Br B r City anner 68:gs ~'' Comm ner Tolstoy thanked the School District for making the and wo with the City. Chairman M asked when they were supposed to hreak ground. Mr. Butters s that depending on funding, they hoped to bre March 15, 1990 a uld like to open in September 1991. Commis Doer Ch itie Bested they plant vines on the ext fence. She suggested might consider a flowering trump m Commissioner Tolstoy Bugg bougainvillea. on chain link Mr. Lang stated that police o have an unob stru of ew of Lhe campus. Chairman McNiel believed it might the School Ois*-r ict as Chese final Mr. Buller asked if the Plano irg working subcommittee. He said the full Commission as meetings occur. Commissioner Ch itiea suggested Come Chairman McNiel stated he would 1 it was the consensus of the would serve on the subcommft ortant fo Commission to work with n issue addressed. shed to consider appointing a e cau ld then report back to the Rer To serve on the subcommittee. serve an ubcommit tee. that Comm iss rs McNiel and Tolstoy .J~ici Ali Mica Nas i iim xiwui Naa pianll lllg all 'CY5 frUm YIC W rld Park Lane. Mr. Larg indicated were not. Commissioner C a suggested the school provide pedestr to toss from Victoria Park a so students could more easily walk to the scho ampus. Mr. Lang that access from the south would encourage students ywalk across r1a Park Lice. Choi MtNte1 felt that another access should be considered for use o e ba elds. He thardted the School District for their presentation and st x ~ * ~ w 0. A9 YEA TISIMG REGULATIONS FOR AUTO SALES CERTERS Planning Commissfon Minutes -16- ~' September 27, 1989 Fxh~b~-~ ~~~„ Brad Buller, Cf ty Planner, presented the staff report. Chairman Mc Niel asked what prompted City Council to consider the item. Mr. Bulier stated that Council Meer Buquet raised the issue after having been approached by an automobile dealer who wished Lo have sign standards reconsidered to allow for such things as flytng of balloons. Commissioner Ch it iea felt that it might be appropriate to consider drafting a special sign program for a large auto sales center, perhaps based on acreage, but she felt it was inappropriate to grant special consideration to an ind iv id :1 car lot. Commissioner Tolstoy felt that automobile dealers have a Netter opportunity to display their wares than any other commercial activity. He saw no reason for car dealers to have circus-like displays. Ne said he would be willing to consider changing the sign program for an auto center located next to the freeway. Commissioner Weinberger fe it changing the standards for an individual dealer would set an urdesirab le Drecedent. She was wil ling to consider charges for an auto ma 11. Commissioner Tolstoy felt no blanket approval should be given, but changes could be considered for an ai to malt. Chairman Mc Niel felt there was no rush to approve the flytng of balloons. Commissioner Ch it iea felt that any charges should be consistent with other uses of similar size. It was the consensus of the Planning Commission that amendments to the Sign - aim ~• nW IV VG IIVI ]UCV IVI G reg ional~au to center if and ywhen an applicat ion~is submitted. Mr. Buller stated that the Commissfon's feelings would be relayed to City Council. ,r+** It nsensus of the Planning November r 29, 1969. ~ set the second meeking of • R 4 f ! %pnrn 1541nner ated that IM1 Design R using mostly stalrst other notonous walls. He suggr nt Code to reflect the reautrea s being presented in to add Interest to prevision to the Planning Commission Minutes -17- Septenber 27, 1989 X13 CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: October 18, 1989 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner 6Y: Arlene Banks, Associate Planner 0~3 , SUBJECT: CONSIDERATION OF SUGGESTED NAMES FOR A PARK IN THE VICTORIA VINEY RD SOUTH D VELOPMENT I. RECOMMENDATION: The Historic Preservation Commission suggests Ellena Park as its first choice, and Milliken Park as its second choice as a name for the park in the Victoria Groves neighborhood. tI. BACKGROUND: At its October 5, 1989 meeting, the Historic Preservation Commission discussed possible names for the park site in Victoria Groves. The first name to came up was Milliken, since the Milliken family was very important to the community and the Commiss ior. felt it would be appropriate to commemorate them with a park. Oaniel Milliken, along with George Haven, were the first ranchers in the area to try "dry ranching", which is to grow grapes without irrigation. The majority of the Commission was reluctant to recommend the name Milliken, however, because of a concern that the public would be confused because the park is not located on Milliken Avenue. finally, the name of Lhe family that established the nearby Regina winery was settled on: Ellena. The Ellenas were a weil known Italian family whose winery flourished before and after Prohf bition, the winery is located on Base Line Road near the entrance to Vicleria and is fairly close to the park. Claudio Ellena came to the Etiwanda area early in the century and built a home and a winery, but it was his sons, John and Frank, who created the flourishing Regina brand winery in 1933. The brothers made sweet wines, champagne, brandies, and Italian-style red table wines. At one time John served as chairmen of the Board of the dine Institute; Frank was for many years a member of the Etiwanda School Board. The Comm1551on voted 6-1 to suggest the name "Ellena Park"; they voted 6-1 to suggest "Milliken Park" as their second choice. CITY COUNCIL STAFF REPORT NAMES FOR PARK October 18, 1989 Page 2 Res lly s 'tted, B d Bu er City anner BB:AB:m lg Attachments: Historic Preservation Minutes, October 5, 1989 I ~J CITY OF RANCHO ORC DNS CUSSIp~~POSC J C`I' , HISTORIC PRESERVATION COMMISSION MINUTES Regular Meeting October 4, 1989 Chairman Bob Schmidt called the Regular Meeting of the City of Rancho Cucamonga Historic Preservation Conmti ssion to order at 7:00 p.m. The meeting was hela at Lions Park Community Center, 9161 Base Line Road, Rancho Cu camonaa, California. Chairman Schmidt then led in Lhe pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Bob Schmidt, Ada Cooper, Steven Preston, Melicent Arne r, Alan Has kvitz, Marsha Banks, Gene Billings COMMISSIONERS: ABSENT: None STAFF PRESENT: Larry Henderson, Principal Planner; Arlene Banks, Associate Planner; Cathy Morris, Planning Technician; Kelly Orta, Secretary; . .. APPROVAL OF MINUTES Mntion: Moved by Preston, seconded by HaskVitz, carried to approve the minutes of September 7 1989. (Bfl Ung<. Ra nv< ~b~.+:.,,.+) M M 4 i k ANNOUNCEMENTS Larry Henderson, Principa}-Planner, presented a memorandum from Karen McGuire- Emery, Associate Planner, in Community Services regardiny a name for the future Victoria Vineyard South Park. Ehairman Schmidt asked who was the original Milliken. Commissioner Arner stated she thought it was Daniel. HPC MINUTES l -1- OCTOBER 4, 1989 1'~ DRAFT Ft7R ^1SCLI9B1ON PtlpeancGq r7 ~q ~~ Commissioner Banks stated she felt Milliken would be too con fusf n9 because the park is not on Milliken. She stated that she felt if it was tailed Milliken Park, people would thfnk that it was on Milliken Avenue. She stated that there are plenty of people to name the park after. Commissioner Preston suggested if not naming it after a person, maybe a citrus label or wine variety. Commissioner Banks concurred. Commissioner Cooper suggested Sultana Park after the type of grapes that were grown in the area. Commissioner Has kvitz suggested considering it a Memorial Park. Commissioner Banks stated that when she thinks of a Memorial Park, she thinks of a central park, such as Upland Memoriai Park. She stated this is a neighborhood park. Commissioner Preston stated that a memorial park is tc have sianifi ca nce to the whole community, whereas a neighborhood park is intended to draw from the immediate neighborhood. Commissioner Billings stated that this was in the general area of the Ellena Winery and that the location was used for spotting rail box cars and loading boxes of graDes.. He stated it is in the vicinity of where the winery still is. '~ Commissioner Preston stated he would support Ellena Park. HPC MINUTES -2- OCTOBER 4, 1989 d DRAFT FOR DISCUSSION PuR6g6ES C.i~~~ Motion: Moved 6y Banks, seconded by Preston to recommend to the City Council the name of "Ell ena Park" as the name for the future "Victoria Vineyards South" Park. The motion carried by the following vote: AYES: COMMISSIONERS: BANKS, PRESTON, COOPER, BILLINGS, HASKVI TZ NOES: COMMISSIONERS: SCHM iDT, ARNER ABSENT: COMMISSIONERS: NONE As an alternative: Motion: Moved by Arner, seconded by Banks to recommend to the City Council if the name "Ellena Park" is not acceptable, then "Milliken Park" as an alternative. The motion carried by the fallowing vote: Commissioner Banks stated that she felt the Mflliken's were very important to the community and that something should commemorate them, such as having an Avenue, but that it would be too confusing to have a Milliken Park on anything but Milliken Avenue. Nrta: COMMISSIONERS: ARNER, SCHM IDT, COOPER, HASKVITZ, PRESTON, BILLINGS NOES: COMMISSIONERS; BANKS ABSENT: COMMISSIONERS: NONE --ca rrfed Respectfully submitted, Kelly Orta Secretary NPC MINUTES -3- OCTOBER A, 1989 I CITY OF RANCHO CUCAMONGA STAFF REPORT Date: To: From: Subject: October 18, 1989 ~ucwa~G 4~ ~' z 3 r, 4~ C mil. Q IA O ii~ ~ 17.; ~ Mayor and Members of the City Council Joe Schultz, Community Services Manager Ii"~ Onen Snace Studv-Floating Park Desiana~t ion Near Milliken and Banvan Streets Recommendation: Direct staff to pursue goals of meeting City standards of open space within the General Plan floating designation areas and study the most logical location to service the neighborhoods within the service areas of Milliken and Banyan Streets (Exhibit H). Background: In early 1955, the City annexed the proposed Caryn Development from the County of San Bernardino. The County had no mandatory land/cash payment schedule (i.e. 4uimby Act) in effect when the project was approved by the County. Thus when the property was annexed, the City was not able to exact a park fee which could be used towards the development of park land to service the area. At the time the area was annexed, the developer did donate $750, 000 to the City oP Rancho Cucamonga as a __ : -iai Tuna for his dertoaosa =auy:.La~ uaryn, provided the money be used for park development. This memorial donation was deposited into the City's Park Development Fund and has not been spent, nor has a specific project been identified. Discussions have occurred in the past regarding using the money for the development of a park site adjacent to the Caryn Elementary School site, however, due to topography and size requirements of the school, a park site was not feasible in this location.. The General Plan doh designate a park site in the vicinity of Milliken and Banyan Streets (Exhibit A). This designation is a floating designation; and typically, a park can be located within a quarter mile radius of the "floating" site and still adequately service the population. Planning staff, as recently as February, 1989, advised Community services on a potential development which could yield a park site for the Caryn Community. The February memorandum outlined how Planning felt a three-acre site could be configured with the proposed single-family development at the corner of Vintage and Milliken. l open space Study October 18, 1989 Page Two Being less than the General Plan goal of a five(5)-acre minimum park site, the concept was Forwarded to the March 16, 1989, Park and Recreation Commission Por direction. A motion was made by the Commission to pursue the location as a three(3)-acre park site, which could provide the development of a passive park. Mr. Tony Clover and Mr. George Hawthorn, representing the property through a Pirm called C.M.I. Investments, advised the department the asking price for the property would be $3.00 per square Poot or $130,630.00 per acre, and that the property was currently in escrow. They were advised the City was interested in the property] and should the escrow Pell through, we requested to be notified. (See Exhibit B). Analysis: The General Plan designation depicts a park location so that the City's goal for open space standards within the aervica area are achieved. The above referenced thrae(3)-acre park would not by Steel! meet our standards based on projected population of the area. With direction Prom Council, staff will pursue feasible alternatives for park site locations to aervica the neighborhoods within the rth ..4....~ conclude our open apace Vinvent y~ of~ ie ancicipatec we can the First of the year and report our indi qsa to the Parks and Recreation Commission and make recommendations to you in early 1990. Summary: In addition to pursuing our goal oP open apace within the City, staff is pursuing negotiation with the Caryn Elementary School Administration to otter recreation opportunities to tt,~, City residents et this site which includes youth and adult activities. The Community Services staff would be avnileble to meet with Ceryn Homeowners Association and other homeowners aaeocintions within the area to keep them appraised o! park and recreation developments. JS/mq Attachments ~~ O = C ~, O s ~ ~ F G a = 8: Q d Yy N,• ~3E[~ v y¢ o y ~ N E~ w,> x. WF ~ ~Z a ~ ~ N ~g w3=: a °os c=iQ 6 ~ Z°- ~ z~ Z < z~ a °` ~~o~a vta a~ ~~ ~WN ~ IFxQ o u in X (off E! as "~` ~ ~`o ~~~~~"~'" LL4 YI.1.. 6 W IJ1. N -~ W a ~~ LLu ssi~~oo~u V QW I~ ~ QW a ~' LL I-l g m ? ~~ ¢a V- muszzz z:zzzzzzz~~n (~l7 ~f1~ LL n.~ aG;; a N ! as~~::: F O_ S X W ExM~s~r s ~~ 4~ ~ CITY OF RANCHO NGIMONGA U lJ-~ April i8, 1989 Mr. Tony Cover CWC investments 222 North Mountain Avenue Upland, CA 91786 Dear Mr. Cover: rat Utha Bu+N] Rm<no iuumonw. iLaomuvlDU.FHld9Fl^+I Per our recent phone conversation, the City of Rancho Cucamonga is interested in the property you represent on the corners of Milliken and Vintage Avenues. Tha 7.5 acres site corresponds to Assessor Parcel Number 225-251-47. Should the oarcal Pall out of the current. aarrnw,. wo ra.maeer the City be not Sfiad in order to make an offer on the property. Please contact either myself or Joe Schultz, Community Services Manager at 714-989-1858. Cordially, ~T~'"'~ Dave Leonard Park Project Coord4~eentor DL:tp ce: Joe Schultz, Community Services Manager ~7~+ v tt•wi William 1 ,1leeaneer ~~~~~~.~r.~.r. Cha rlea I Buquet II + a+••rn 7enma L. Stow De4m.n \' Brown Pamela I. t\'n4ht lack Wm. ~ICP - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 18, 1989 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Monte Prescher, Public Norks Engineer SUBJECT: Status report on completion of public improvements, Caryn Planned Community Project The Caryn protect consists of two phases (two parcel maps). Phase I, the westerly half of the project, adjacent to Milliken Avenue, contains 11 tracts of which Marlborough Development Corporation is developing five tracts and Kaufman and Broad is developing six tracts. The first construction permit was issued in May of 1986 for Phase I. Since that time all but eight lots which are currently being developed have been occupied. Those occupancies occurred prior to Resolution No. 88-557, adopted September 21, 1988, which limits the percentage of occupancies relative to the percentage of improvements completed. The majority of the improvements were completed some time ago. However, minor clean-up items, such as concrete repairs, parkway landscape maintenance, were not being completed until recently. Alw the greenbelts experienced major design flaws of which corrective measures were approved last week. All of Kaufman and Broad's tracts in Dhase I were accepted by Council last month. None of Marlborough Development Corporation's tracts have been accepted at this time. Prior to staff releasing occupancy on the last eight lots in Phase I being developed by Marlborough Development Corporation, all improvement clean-up items, including the greenbelt; will have to be completed. Phase II, the easterTr half of the project, adjacent to future Rochester Avenue, contains 10 tracts of which Kaufman and Broad and Marlborough Development Corporation are developing five each. The first peralt Issued for improvements of Phase II occurred in ,tune of 1988. llhen Resolution No. ~-557 was adopted, staff immediately began implementing it. Since that time all tracts in Phase II, except Tract 13557, have been accepted by Council. Tract 13557 1s on this agenda for acceptance. .~ 3 CI1Y COUNCIL. STAFF REPORT OCTOBER 18, 1989 PAGE 2 Staff is holding occupancy on the remaining three Kaufman and Broad lots until the clean-up items on Phase II infrastructures are completed. This includes minor grading of unimproved Banyan Street, maJor grading and drainage improvements on unimproved Rochester Avenue, repairs to parkway Landscaping, and minor concrete and pavement repairs. it is estimated that within the nazi couple of months the Caryn protect will be completed in its entirety barring any unforeseen problems. Res ,;u itted, `i^ /> ~ ~ _ ,~__ / / . - RHN:MP:sd _,M1~" ''F Q A` I~ .~..