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HomeMy WebLinkAbout1985/04/03 - Agenda Packet~ ~~cA.NO`~c 7 ' QTY OF • ~. ~ R~~A}TVG 10 CI~JCy.1:1+Y~.~yK',iA p 1..1 1 1~ CW~1 VI.~L. J •~ ~ IYTL., `~ 1977 Lions Park Communi [y Center 9161 Rase Line Road Rancho Cucamonga, California April 3. 1985 - 7:30 0 All itesu wbatit[ed for [he City Couacil Agenda snsat be in meriting. 'Ihe deadline for sab~itting these ite~s ie 5:00 p.a., on the Nedneada)• prior to the nesting. The City Clerk's Office receives all each iteo. 1. CALL IO OQD~ • A. Pledge of Allegiance to Flag. e. Roll Call: Nri ght _, Buquet _, Mike le _ Dahl _, end Ring _. C. Approval of Minu[ea: February 6, 1985 March 6, 1985 March 13, 1985 2. A11110QgCAlB11T'S/PY6Sfl1TATI0113 A. Thursday, April 4, 1985, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION, Lions Perk Community Center. B. Gedneeday, April 10, 1985, 7:00 p.m. - PLANNING COIOIISSION, Lions Park Community Center. ~~ City Council Agenda -2- April 3, 1985 • 3_ CON38NT CALBIIDA4 The follariug Consent Calendar itaa are effected to be routine end non-controversial. They mill be acted upon by the Council at one tine ~ithoat dismuion. A. Approval of War tam e, Register No's. 85-04-03 and I Payroll ending 3/17/85 for [he total amount of $734,288.62. B. Alcoholic Beverage Application No. AB 85-04 for 0o-Sale 3 Beer A Wine Eating Place License, Narlen J. Rellae, 9000 Foothill sou levezd. C. Alcoholic Beverage Appl ica [i on No. AB 85-OS for Oa-Sale 6 Beer A Wine Eating Place Li tense, George J. Cucci a, 8241 Foothill Boulevard. D. Forward Claim (CL 85-10) ego inat the City by Oav id N. 7 Nough, claim for indemoi [y (See CL84-O1 b C184-37). E. Approval of Parcel Nap 8116, Sonde and Agreement, 10 located on [he aou [h aide of 9th Scree[ at Come[ and Bowen S[reete, submitted by Gilbert Rodriquez. RESOLUTION N0, 85-102 19 A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8116, (TENTATIVE PARCEL MAP 8116), IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY F'. Approval of Parcel Map 8695, loco [ed on the north aide 20 of 1[h Street be tveen Pit taburgh and Bridgeport, submit tad by O'Donnel, Brigh® d Par tnere. RESOLUTION N0. 85-103 22 A RESOLUTION OP THE CITY COUNCIL OP TAE CITY OP RANCHO CUCANONCA, CALIPORNI A, APPROVING PARCEL MAP 8695 (TENTATIVE PARCEL MAP 8695) C. Approval of Parcel Map 8842, Bonds and Agreement, 23 located on the aou th side of Terra Viete Perkwey, east of Spruce Avenue, aubmicted by Lew ie Development Company. City Council Ageeda -3- April 7, 1985 FESOLUTION N0. 85-104 31 A RESOLUTION OF TflE CITY COUNCIL OF THE CITY OF RANCHO CIICAMONGA, CALIFORNIA, APPROYING PARCEL NAP 8842, (TENTATIVE PARCEL MAP 8842), IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY H. Release of Bonde: Tract 9540 - Located on Turquoise Avenue a[ Jennec 32 Street; owner, The Deer Creek Company. Tract Nos. 11173 A 11173-1 - Located a[ the nor cheaet 3' corner of Archibald and Victoria; over, M.J. Brock b Sone. RESOLUTION N0. 65-105 35 A RESOLUTION OF TAE CTTY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING PUBLIC IMPROVEMENTS FOR TRACfi 9540 AND ADTHORIZING THE PILING OF A NOTICE of COriPtETION £OR THE HOAR • RESOLUTION N0, 85-106 38 A RESOLUTION OF TAB CITY COUNCIL OP THE CITY OF RANCHO CllCAMONGA, CALIFORNIA, ACCEPTING TflE PUBLIC IMPROVEMENTS FOR TRACTS 11173 AND 11173-1 AND AUTRORIZING THE FILING OF A NOTICE OF COMPLETION FOA THE NOkA L. Approval of Policy Statement and Commitment Eor an 39 Active Disadvantaged Buai ne ea and Women-Owed Buai ne es Enterprise (DBE/MBE} Program. RESOLUTION N0. 85-107 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCH6 CUCAMONGA, CALL PORN IA, ADOPTING A POLICY STATEMENT AND COMMITMENT FOR AN ACTIVE DISADVANTAGED/NOMEN BUSYNESS ENTERPRISES (DBE/MBE) PROGRAM J. Approval to treneter funds in the amount of 53,270.30 37 from the Trust Account to the Intergovernmental Service Fund, io provide Funding for pur ch eae of steam cleaning equipment. City Council Agenda -4- April 3, 1985 . K. Approval of Agreement with Willdan As eotiatea, in Che 6L amount of $546,700.00 vich a 65,000.00 contingency ,'und, to complete the design development foz the Day Czeek Channel, basins and debris basin. Contract Co be funded through [he Redevelopment Agency's regional facilities fund. L. Approval to authorize commitment of fording for LGO Etivanda-San Sevaine Bureau of Reclamation Gran[ Loa r. amount no[ [o exceed $5,000 to be drawn From Drainage Fee Fund. M. Approval of Improvement Extension Agreement and 1G5 Additional Security for a single family home located at 13245 Victor is Stt set, submitted by Hichael and Valerie Perez RESOLUTION N0. 85-108 109 A RESOLUTION OF THE CITY COUNCIL OF TfIE CITY OF RAN CRO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ERTENSION AGREEMENT AND IMPROVEMENT SECURITY POR A SINGLE FAHILY AOME AT 13245 VICTORIA STREET N. Approval of additional funding, $35,000.00, for LIO contract inspection for Victoria and Terra Visa Planned Communiti ee for off-site inspection sere ices through June 30, 1985. 0. Approval of Agreement and Security for Tract No. 11797, 11i located on the east aide of Archibald Avenue, nor [h of Base Line Road, submitted by Elite Development Company. RESOLUTION N0. 85-109 1?i A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF RAN CNO CUCAMONGA, CALIFORNIA, APPROV INC IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT N0. 11797 P. Approval of Improvement Extenai on Agreement for Pa:cal t22 Map 4837, located on the east aide of Amethye [, south of 19th Street, aubm it tad by Elaine Roh lez. RESOLUTION N0. 85-110 L25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ERTENSION AGREEMENT AND IMPROVEMENT SECURITY POR PARCEL NAP 4837 City Council Agenda -5- April 3, 1985 • Q. Approval of amended Agreement with Stone b Youngberg ].26 dealing with [he ae aignment of "CU SIPa" and ineuran ce pram iuma, for Day Creek Pr of ec[. R. Approval to request Mortgage Boad Allocation from 130 S [a te. RESOLUTION N0. 85-111 131 A RESOLUTION OF THE CITY COllNCIL OP THE CITY OF RANCRO CDCAHONGA, CALIFORNIA, AUTROAIZING APPLICATION FOR ALLOCATION OF MORTGAGE SUBSIDY BONDS AND FILING NOTICE OF SALE TREREDF NITR MORTGAGE BOND ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OP PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTNER HATTERS PROPERLY RELATING TNERETO S. Ap prwal [o release ae curity for As easement District 135 82-2, subm it[ed by the developer of Tr ac[ 10088, Joee ph Nicosia, Lee Webb and Lyman Sutter. Release: Le[[er of Credit $45,705.17 • T. Set public hearing far April 17, 1985, for Env ironmert[al AB ee semen[ and Development Code 'mendment 85-01. U. Se[ public hearing far April 17, 1985, for Community Development Block Gran[ Application for Fiscal Year 1985-86, Final Sta Cement of Community 06 je ctivee, V. Sec public hearing for April 17, 1985, Eor [he ourpo ae of granting Non-Exclusive French iaea to operate Cable Television systems in [he City of Rancho Cucamonga. 4. ADVRYZIS® Y86LIC BEAYIIG9 A. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 140 BS-O1B AND ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85-01 - TAC DEVELOPMENT 1. A General Plan fusendment from Medium Reside n[i al (4-L4 du /ac) co Nigh Reside oriel (24-30 du/ac) for a senior ti [i zen apartment project on 4.75 noes of lend located on the west aide of Amethyst, north of 19th Street - APN 201-232-24. City Council Age vda -6- April 3, !985 • RESOLUTION N0. 85-112 -»1 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 85-O1B, AMENDING THE ADOPTED LAND UBE ELEMENT OF TAE RANCEIO CUCANONGA GENERAL PLAN AMENDING THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL TO RIGH RESIDENTIAL POR 4.75 ACRES OF LAND LOCATED ON THE NEST SIDE OF AlDiTHYS T, NORTH OF 19TA STREET - APN 201-232-24 2. A Development District Amendment from Medium Residential (4-14 du /ac) [o High Residential (24-30 du/ac) and Senior Aous ing Overlay Di et rict for a senior citizen apartment pr of ec[ on 4.75 a tr es of land located on the west aide o£ Ame thyet, north of 19th Street - APN 201-232-24. ORDINANCE N0, 255 (first reading) 143 AN ORDINANCE OF TfIE CITY COUNCIL OF THE CITY OF RANCHO CDCANONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NOMHER TO1-23T-24 LOCATED • ON TfiE NEST SIDE OP AMETNYS T, NORTR OF 19TH STREET, FROM MEDIUM RESIDENTIAL. TO RIGA RESIDENTIAL AND SENIOR NOOSING OVERLAY B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - 172 TAC DEVELOPMENT - A Development Agr semen[ between the City of Rancho Cucamonga and TAC Development Corporation regarding a Senior Ci[i zen housing project to be located on the west aide of Ame [hyet, north of 19th Street - APN 201-232-24. ORDINANCE N0. 256 (fire[ reading) 167 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF RANCAO CUCANONGA, CALIPORNIA, APPROVING A DEVELOPMENT AGREEMENT BETNEEN TAE CITY OF RANCHO CUCAMONGA AND TAC DEVELOPMENT CORPORATION 5. N011-ADVB12I3® BEAlI11G3 A. ORDINANCE PERTAINING TO TAE CONSUMPTION OF ALCOHOLIC l89 BEVERAGES IN PUBLIC PLACES [..I City Council Agenda -7- April 3, 1985 S ORDINANCE N0. 257 (firs[ reading) 190 AN ORDIRANCE OF TEE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF RAN CEO COCAMONGA, CALIFORNIA, ADDING A NEN CRAFTER 9,16 TO TITLE 9 OF THE RAN CEO CUCAMONGA MUNICIPAL CODE PERTAINING TO TAE CONSUMPTION OF AL CONOLIC BEVERAGES IN PDHLIC PLACES B. ORDINANCE REGULATING THE USE OP ALCOROLIC BEVERAGES IN 191 CITY PARRS ORDINANCE N0. 258 (fira[ reading) 192 AN ORDINANCE OF TAE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, A1IENDINC SECTION 12.04.0108 OF CHAPTER 12.04 OF TITLE 12 OF TFIE RAN CEO COCAMONGA HUNICI PAL CODE REGULATING THE USE OF ALCOHOLIC BEVERAGES IN CS TY PARRS 6. GIST MASAGEI'S STAFF RHPOHTS • A. SETTLEMENT AGREEMENT NITH LAPC AND TAE CITY OF RANCHO 193 CUCAMONGA Appr wal of a ee ctlement of litigation relative to Fontana Mnexa ti on #114/Hunt Club. RESOLUTION N0. 85-113 195 A RESOLUTION OP TAE CITY COUNCIL OF TAE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPAOV ING A SETTLEMENT AGREPMENT AMONG AND BETWEEN THE CITY OF RANCHO CUCAMONGA, JAMEB BANRS, THE CITY OF FONTANA AND TIIE SAN BERNARDINO COIINTY LAFC C. NOME MORTGAGE REVENUE ALLOCATION - Trenaf et of Funde in 195 the amount of 55,274,000.00 RESOLUTION N0. 85-114 196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONGA, CALIFORNIA, IRAN SFERRINC A PORTION OF THE ALLOCATION OP MORTGAGE SUBSIDY BONDS IN AN AMOUNT NOT TO EXCEED 56,000,000.00 TO TAE COVINA-RANClIO CUCAMONGA-CALERI CO-DONNEY HOUSING FINANCE AGENCY EJ City Council Agenda -S- April 3, 1985 • 7. COODCIL DDSI11E33 A. APPOINTMENTS ON HISTORIC PRESERVATION COMMISSION AND 19i PARR DEVELOPMENT COMMISSION 8. ADJOOI~i L CITY OF RANCHO CIICAMONGA MEMORANDUM Date: April i, 19A5 ='o: City rovn cil :r01^: 1.d nrBn 'IId 55P. Yma n, !.'1 Cy Ma nagBr II~..[~~~ RY: Pill Fq lley, Community .Se rvi cPS mirecto;~I~~ i ~1I &uh;e ct: Reaneat for Special Council Meeti nq Ivedne sdzy, April 10, 1985, 5:30 p.m. i lOnS Rark, COm mllnlhy (;entPT L~CA,MO j x j, - ~_ f s _ ~, 2 _ a IV-- Staff requests a 'short' special meetinc, of the City Cou r~cil next Wednesday fq[ t}',P ^'J r it(IG P.S qf: 1. Adopting propos ad Park and Pecrea ti nn Improvement pistri ct Pou nda ry Nap by Pesn lu tic n; 2. App~eve F.n ginee is "R ennrt" on the 'Dist Yi ct' by RPSOlu ti on; and 3. Adopt Rasolntinn of Intent and set the time and place for puh lic hea ri nq. These anti nns are routine i.n nature and could normally he considered as "crnsent calendar" items, however, the timing of the actions are crucial to th=. nropas ed nistricts schedule. The. necessary information had not heen "d rnlh le ch•:cked" to our satisfarti on in time to ca le.nda r. it for tcnigh is meeting. The me et inq of the 17th, though, throws our very tight schedule oat of "sync" with the printers, the puh lic F.ea r.inq date, and the puh lic hearing coca ti on. T herPfore, the r?Quest fnr the specia] mee tinq...it shouldn't take more than 15-2n minutes as it i.s inf orma t,ion you have had prnsen teA twice be:ere and there is nn pohlir, hea ri nq or testimony connected with this mee ti ny. If I can answer any question, please let me know. LW!AH/js CITY OP' RANCHO CtiCASIONGA ~~c_v.t`ry`, MEMORANDUM ~'`''~ ~ ~~, i __ ~.~ `~~'~- _ ~ J. In-' DATE: April 3, 1985 70: City Council FROI4: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner ~(/ SUBJECT: DR 35-Oi - TAC SENIOR HOUSING HAI; DICAPPED ~4EOUIRE^~IE NTS At the Planning Commission hearing on the above-described project, the question was raised as to how many of the units would be designed for handicapped residents. The State Building Code (Title 24), required 1 handicap unit per 100 units above the first twenty units. Therefore, a minimum of 2 out of the total 168 units must be designed to meet • handicapped requirements. Many of the special design features for the handicaDPed will be provided within this project for the senior residents, such as grab bars in bathrooms, elevators, extra-wide doorways, and lower counter tops. A Condition of Approval was added by the Commission as an awareness statement that State Building Code requirements must be satisfied (see Condition 21, page 3 of Resolution 85-44). The developer, TAC Development Cerpor ation, testified that any handicapped renters would be accommodated by modifying the apartment to meet State requirements. If the City Council feels it is desirable to have more than two handicapped units, then the Development Agreement could be revised to add the foil owing clause: 43. Provisions for Handicapped Residents. A minimum of apartment units out of total 168 apartment units shall be designed and constructed to comply with the handicapped requirements of the State Building Code, Title 24. Preference shall be given to leasing handicapped units to handicapped persons. RG:DC:cv • RESOLUTIGN N0, 85-44 A RESOUJTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW N0. 85-01 LOCATED ON THE WEST SIDE Of AMETHYST, NORTH OE i9TH STREET IN T'HE HIGH RESIDENTIAL DISTRICT WHERE RS, on the 15th day of January, 1985, a complete application was filed by TAC Development Corportion for review of the zbove-described project; and WHEREAS, on the 27th day of March, 1985, the Rancho Cucamonga Planning Commission held a meeting to consider the above-described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Comniss ion resolved as SECTIO"! 1: That the following can be met: 1. That the proposed project is consistent with the objectives of the General Plan; and . 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and 3. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on March 27, 1985. SECTION 3: That Development Review No. 85-01 is approved subject to the following conditions and attached Standard Conditions: Pv,~l•uvc DrvtstoN • 1. Existing Eucalyptus trees shall be retained wherever possible and grading plan adjusted accord in9ly. Trees shall be trimmed and topped. q Tree Removal 7ermit shall be obtained prior to approval of rough grading plan for those trees that must be removed because of structures or paving. A plot plan of existing Eucalyptus trees shall be submitted with the Tree Removal Permit, showing their precise location and size. Said plan shall take into account the proposed gr ad iny, what trees are to be retained, trimming methods, and where new trees wi 11 be planted for replacement of removed trees. 2. The recommendations of the acoustical engineer, wi1.'n the proposed freeway, shall be strictly adhered to as described in the Noise Assessment dated February 21, 199>. 3. Dense landscaping including 15 gallon size evergreen trees spaced 15 feet on center, shall be provided along north, south and west boundaries, (existing Eucalyptus trees preserved may be credited toward this requirement). 4, Special landscaping treatment shall 6e provided between Amethyst and Building 1, particularly around the edges and within the basin, including mounding and specimen-size trees. 5. R continuous wrought iron fence, or similar, shall be provided around the basin for safety purposes. • 6, Fencing shall be provided around the entire proiect for security including security Yates and "Knox" boxes at both accesses from Amethyst. Details shall be reviewed and approved by the Foothill Fire District and Sheriff's Department. 7. A minimum five (5) feet of landscaping shall be provided on both sides of the project entrance. 8. Canopy shade trees shall be provided throughout common open space area. 9. Applicant shall contact U.S. Postal Service to determine if mail boxes can be provided in the lobby of each building for proximity to residents. 10, Cupboards, noun to rtops and a sink shall be provided in each activity room of the recreation building. 11. Approval of Development Review 85-01 is granted subject to app rnval of General Plan Amendment 85-018, Development District Amendment 85-D1. • • Planning Cormission Resolution De vel opine n± Review BS-O1 Page =3 • 1?. Approval of Development Review 35-D1 is granted subject to approval of a Development Agreement granting a deniity bonus to allow the project density not to exceed 35.4 dw211 ing units per acre, and the parking ratio shall not be less than 1 space/unit. 13. A detailed exterior lighting plan shall be submitted indicating adequate on-site lighting of common areas, walkways and parking areas. 14. Safety features and materials shall be provided, including skid resistant materials in sidewalks, patio areas, stairs; handrails on stairs or paved grades; and bathroom fixtures. 15. Curb cuts and wheel chair ramps shall be provided in site design for limited mobility or non-ambulatory residents. 16. Pedestrian safety features shall be provided, including, clearly marked walkways, adequate lighting, and designated crosswalks in parking areas, and use of pedestrian signs. 17. Additional trash enclosure shall be provided west of building 3 and 4. 18. A long-term maintenance plan shall be submitted to the Planning . Division for review and approval prior to issuance of building permits pursuant to the Senior HouS ing Overlay Distr in Administrative Guidelines. 19. Recreation building multi-purpose room shall provide a minimum ten (10) square feet per apartment unit. 20. Panic button shall be provided in each bathroom. 21. Handicapped units and access shall be provided as required by State law and Uniform Building Code. 22. Parking spaces shall be assigned in proximity to each apartment unit and clearly labeled. 23. A pet area shall be provided outdoors with suitable fencing with pet run facilities. EAGI9EER[VG DIVISION: 1. Ceveloper shall provide additional pav e~~nent on east side of Amethyst to provide for left turn pocket into proposed development. 2. On-site retention basin shall be provided to the satisfaction of City Engineer and Building Official. The precise design is subject to final plan check approval. Planning Commission Resolution Deve lnpment Rev!e~.r BS-O1 Page `4 APPRO'JED AHD ADOPTED THIS ?7TH DAY OF MARCH, 1985. • ,f1NI~~OMMISSION OF 7HE CITY OF RANCHO CUCAMONGA I, Rick Gomez, BeDuty.,',5ec?!~~a'Fy:ice ~anning Commission of the City of Rancho Guc amonga, do ~h ereby certiF"y`-tfi~' foregoing ~Reso lut ion was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the ?7th day of 'oar ch, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: STOUT, CHITIEA, BAk KER, MC`II EL, REMP EL NOES: COMMISSIONERS: NO7lE ABSENT: COMMISSIONERS: NONE • • ~: G _ _ _ •ii _ - _ - __ __ ,~_ _ __-_ o `_ - ___ _- - ___ _.___ ___ ___- _-_ G _~_ _ _ ___ _ _ Fc _ - :_ -___ __ _ -_ - _ _ -~9 I N \ V ~', \i ~~ Y r 1 U i _ F N '\ 1~'~, E E S s_ o~ \3; 2 \' i -- __ _ __ ~ ~ °- _ ( __ &°_ i =_ -__- c i _ c =_ _ _- '- __ ~ ~~ -_ _ •o - - _- _ _ _ ~ _ c c ~ , _ y~ i m~ T u ^~ P~ ~ 7 • __ - o~ °CP~o x- - ~`szs'~ :~_=~ - - M_ ~ _ _ _ ^~ ~~ ~ oI ~ ^~ ~ ~ ~I N ~ ` y ~EVV e ~ ~I ~ ca c[ c a . ._ ~ •-Y c - _ _ v,gVE - ~I - - _ _ __ N _ _ O __ ~ - <~~~~d ae`--%a a„ ,. e4o.. .moo ~.. ~ :. q z~_ ~~s- .-q_._ \i \ I of ~ T ~ ^~ ~~~ y g _ - a - .fie = i _ g gee ~d ~E - _ - S € ~g~ __ . _ _ e ~ ~ M ~ ~ Pto _ _Pg M :o ~;~ v L d C~ • m = __ = oe~ _ __ __ "- _ d .E ~..__ K~ _ E' ~ ~ _ _ ~~ _ ea _ __ -- ~aoE Eb ? - e~ - ~u ~~ ~ - 3^ ~ _ i_ u~.~i ~ia~un ~~u~.o y c ye Wwa wuu ~o u~¢• <u c - o 9 Nod ~ ~ f ^ I ul \I M N m vI I ~ ~ ~<r ¢~n ~e r ~ Y~ ~ y yg~ ~~~~ Srv - $ ~_ _ _ ~V i~~ _ ~ u CC E °~o x~ i _ ~< F i _ - - - -_ ° _ ~3 i g~~e ~ c _ _ qY ~ s _ _ _ _ _ uarn _ c qua„ ~' ~E igu~, p V - c n~ c y ~u w~ C ~ ta e 4 ~~ E m ol 8 r ~.Q nu u a ~ u u~ n F a n H~ I \Y ~I \I W ~ al N n y . 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V °c .` ~ .".$r _- V - .~ _ ~n " .. - ~ ^c V E _ Q N _ ., gc _ _ _ - %°g - _ _ ~ _ _ _ s • ;~:_ ~` I a.. .~ -e ms z- >> &~ &`~ a-a " e .o CITY OF RA~1CH0 CUC~1.~lOtiGA STAFF REPORT DATE: March 27, 1985 T0: Chairman and Members of the Planning Gommiss ion FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - TAC DEV LOPMENT - A Development Agreement between the City of ancho uc amonga and TAC Development Corporation regarding a senior citizen housing project to be located on the west side of Amethyst, north of 19th Street - APN 201-232-24, RELATED FILES: DEVELOPMENT REVIEN 85-01 GENERAL PLAN AMENDMENT 85-O1-B, DEVELOPMENT DISTR IC7 AMENDMENT 85- ABSTRACT: This report contains information describing Staff's efforts to develop and negotiate a long-term development agreement between the City and TAC Development Corporation, the key points of the agreement and a copy of the draft agreement. BACKGROUND: In January of this year, TAC Development Corporation submitted applications for Development Review, General Plan Amendment and Zone Change to allow the construction of 168 senior citizen apartment units on 4.75 acres of land located on the west side of Amethyst, north of 19th Street. Apart of the applicant's request (see attached), were certain development incentives as provided for in the Senior Housing Overlay District and administrative guidelines. These incentives include an increase in the number of dwelling units per acre, waiver of fees, reducing the number of required on-site parking spaces below that which is usually required, waf ving the requirement for covered on-site parking, and reimbursement for off-site improvements. In order to grant incentives and guarantee that the apartment units developed as a result of these development incentives remain occupied by and affordable to senior citizens, Staff prepared and negotiated a long- term Development Agreement with 7AC Oeve lopmen t. The proposed agreement has been completed and is attached for your review. SUMMARY OF DEVELOPMENT AGREEMENT; The California Government Code ection 65 4-65869. allows cities to enter into agreements with developers, the contents of which shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes. The following is a summary of the key points of the Agreement: 19T7 ~~ ~~;cvsiptic' ~~ i~> ITEM G PLANNING COMMISSION STAFF REPORT TAC Development Agreement March 27, 1985 Page 2 Target Tenants. The tenants who will reside in the project are restricted (except in emergency situatf ons as specified in the agreement) to individuals who are fifty-five (55) years old or older, or married couples whose head of household is fifty-five (55) years old or older. Affordable Rents. The proposed rental formula is identical to Che ren to formula approved for the Ca lmark Heritage Park development. Rents charged will be affordable to low and moderate income senior citizens (equal to or less than 80X of the current County of San Bernardino median income.) Affordable rents are defined as 30% of the monthly income as follows: Unit Descr iotion Rent w/Incentives Rent w/o Incentives 473 sq. ft. 1 bd/1 ba $399/month E600/month 645 sq. ft. 2 bd/1 ba E445/month E625/month 731 sq. ft. Z bd/2 ba E520/month 5650/month Reserved Units. One hundred percent of the units constructed 168 are reserved for low and moderate income senior citizens for a period of twenty (20) years. Shuttle Service. A twelve-passenger shuttle van must be available for eight hours out of each day to transport senior citizens to shopping and services, and community activities. On-Site Manager. A full time manager must be provided at all times on the project site. In addition, an assistant manager shall be avaiiable during shuttle van service hours driving the van or managing the project when the full time manager is driving the van. Tenant Committee. The Agreement establishes the right of residents to form a committee composed of tenants for the purpose of organizing social activities and providing input to the property owner regarding the operation of facilities of'the project. G- a PLANNING COMMISSION STAFF RE70RT TAC Development Rgreement March 27, 1985 Page 3 This Development Agreement also includes provisions for annual City review and inspection of the project and maintenance guarantees to insure that the maintenance of the project is performed in accordance with the maintenance plan as outlined in the Senior Housing Overlay District administrative guidelines. R summary of the development incentives requested by the applicant and their impact upon the proposed rents is attached for your review and consideration. Calmark has estimated in Heritage Park that each 5100,000 worth of development incentives off erred 6y the City would equate to approximately a 54.00 per month rent reduction. Therefore, the primary development incentive offerred by the City is the substantial density increase. V. RECOMMENDATION: It is recommended that the Planning Commission review and provide recommendations on the Development Agreement to the City until. ~/ ~ q ,. Re 1 submitted, ~- , C,; '.(p//i~~' -~ ~. :DC:ns Attachments: Applicant's Request 6 Pro Forma Pro Forma Summary Draft Development Agreement G-3 o DE\EIAPM EXT March O5, 1985 ,.r(oFeas:~.:. :, ~~: -~,. tdAR 7 13d-a City of Rancho Cucamonga pll P. 0. Box so7 7~S191IO1121LI1i213141516 Rancho Cucamonga, CA. 91730 Attn: Otto Kroutil Oear Otto: In response to our pre-application meetings on the Seniors Housing, we have compiled the requested information for submittal: Site Ac - reage- -----------------------4.75 acres Density------------------------------14 units/acre Proposed Units-----------------------66 1 Bedroom 1 Bath-----30 2 Bedroom 1 Bath-----24 2 Bedroom 2 Bath-----12 Parking------------------------------66 Proposed Rents (Without Incentives) i Bedroom 1 Bath-----5600.00/month 2 Bedroom ] Bath-----5625.00/month 2 Bedroom 2 Bath-----5650.00/month In there is any further information you need please let us know. Sincerely, /~ , y, ~c=~~~~. ; Terry A. Christensen President n G-I .733312ELL~1.•\XA~'E, R.L\C[IOCCCA.~IONG:I,GILIP02\iA91i30 . (i14)989.1i25. c ~ ~ o>~ DE\'EIDP?ZEST October 11, 1984 City of Rancho Cucamonga P. 0. Box 80J Rancho Cucamonga, CA. 91130 Attn: Otto Kroutil Dear Otto: In response to our pre-application meeting on the Seniors Housing, we have compiled the requested information for submittal: Site Acreage-------------------------4.75 acres Density------------------------------35.3 units/acre Proposed Units-----------------------1fi8 • 1 Bedroom 1 Bath-----78 ~ 2 Bedroom 1 Bath-----60 2 Bedroom 2 Bath-----30 Parking--------------'---------------168 Proposed Rents (With Incentives) 1 Bedroom 1 Bath-----$399.00/month ~ %~ %(~2Z 2 Bedroom 1 Bath-----$445.00/month. G^o -~ ~la 7''^ 2 Bedroom 2 Bath-----$520,00/month ?r ,s', U~~ Incentives Current City Fees----Approximately 5135,950.00 TOTAL FEES $135,950.00 We would request all City Fees be waived, and consideration 6e given by the Planning Department to assist in design features to save unnecessary construction costs. i Also enclosed you will find Proforma's with and withouT incentives. Tits ~. s ~canr~~s~~,a~~ •7333FiHLLJ1AX.a.~'E. R',.\CHOCL'CA~(O~G:LCALITOR\IAz30 . (71+)989-1i2~• PAG'c -2- C ~ If you have any questions or require and additional infor- mation please call me at 989-1725. Sincerely, r i Terry Christensen President TAC/lc \7 /fG ~ dlA~Q F-3 zrzzisr CONSTRUCTION COSTS TAC DEVELOPMENT CORPORATION SENIORS PROJECT PROFORMA HITHOUT INCENTIVES 14 DU/AC Land Costs 5500,000.00 Building @ S36/sq. ft. f1 ,532,520.00 Elevators 00.00 Onsite-Offsite Improvements (See Attached) 384,705.00 Landscaping 6 Pool 110,000.00 Recreation Building 30,000.00 Architect 8 Engineering Fees 200,000.00 City Fees (See Attahced) 75,950.00 TOTAL 2,333,175.00 Finance Cost Loan Fee 3S E 70,000.00 Construction Interest 201,000.00 Misceilaneous Fees 10,000.00 TOTAL 281,000• TOTAL CCST (Mithout Land) E2,c14.175.00 PROPOSED INCOME AND EXPENSE (NITHOUT INCENTIVES) Average Rent E615 x 66 = E40,590.00 Gross Income 540,590.00 x 12 $ 487,080,00 Operatfng Expense (27E) (131,512.00) Vacancy Factor ( 3X) 14,612.00 TOTAL OPERAING INCOME 340,95fi.00 Debt Service @ 13>SE 352 914.00 TOTAL .00 G-~ .7:1RAHFl.i~iAR.A\~ •R4Vf'Hflfl'fA>it7~f,~.fA1.IFnR\L49I7S0.(7I41989.1725• { '~~ DE~'EI.OP~(E\T C TAC OEVELOPMEPIT CORPORATION SENIORS PROJECT PROFORMA WITH LYCENTIVES CONSTROCTION COS75 Land Costs $500,000.00 Building @ S36/sq. ft. $3,513,340.00 Elevators (5) 150,000.00 Onsite-Offsite Improvements (See Attached) 374,705.00 Lzndscaping 8 Pool 110,000.00 Recreation Building 30,000.00 Shuttle Ous 20,000.00 Architect & Engineering Fees 230,000.00 City Fees (See Attached) 00 TOTAL 4,428,045.00 Finance Lost Loan Fee 3n $ 132,850.00 Construction Interest 310,000.00 Miscellaneous Fees 10,000.00 TOTAL 452,850.00 TOTAL COST (Without Land) 54,880,895.00 PROPOSED INCOME AND EXPENSE (WIiH INCENTIVES) 1 Bedroom, 1 Bath $399 x 78 $31,122.00 2 Bedroom, 1 Bath $445 x 60 526,700.00 2 Bedroom, 2 Bath $520 x 30 $15,600.00 TOTAL MONTHLY $73,422.00 Grass Annual Income $73,422.00 x 12 $ 881,064.00 Operating Expense 27b (231,887.00) Vacancy Factor 3~ ( 26,431.00) Miscellaneous Income 4,032.00 TOTAL OPERATING EXPENSE 620,778.00 Debt Service @ 1s'-;'S fi71,097.00 TOTAL 50,319.00 n L J The G - ~ r~ Fo2.w4 z .7883fIELLNI:'v\:\\'F,.. 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AFnICAM yE ._._......._..._._..._ ........................r... ....................._......_........_..... __...... _..... 11MLN:~710N R~ 7e11NSRROR IS SiA]F Of UlIi0eN4 COVnM d.?i.0...ddlLJIaFGL10....._........ ean._)C25-Q5_._. _......._. u.W .+rry .Mn Y +. .r.wr...~ wM~rwr~a w,w M.w ., nrw:. J x..r:n. • n.r ~w .».r:r rra«m~~1 ^~ ..Mr... w r.rr wr.un. M:rnr ..w .. »Mry a»»a, Nla^+~^'` [J f.weel:fwd_.._.._...FeNA ............................. Mto m.._.._......__...1M1awq W, .._...... _...... r .:: ...r S evu.r •. a. el e Do Nol WNe Mlbe Tlw Llwi Fm UapNMM Uw ONy AeahA~. ~, II«wdW nelka ^ /kueery WvM. .........................._cony MAeEe ......3-1S,ei......._............... p ......_.....__._.._._..,..,.., Cu~~ I ~ _ ~~ s ~~ • AMIC11EgN IM Y[oN01K WBaOf tKBSYIf) 1. rvrtlsl Of IICENSEISI REF NO. ~ - T. oap~.a..nl d Akplws f...~ con,al Iwl uaaa.ar san 8ltna[.]no J:: ~n:,o dccn 5 i ei.,.. .::,v 2 t A 6 Pr - c s vECflrt NOI/ ~ saww, cdE. v]alf ,....,..ra.»....n.., .., .. OEOGfAmK coof Lo_ ]d. ard.:aa.d ArAf Mfar ti faMN Irreirtl w Nasu+: EN+a luuad ]. NAAINA a AarIKAWTIyj iamp, r«at JIACib a2AJ,ii:i:I ilUUae., IiC, AffSlvtl w,Avr Saa. ]ddd C fllraMn pera I=suar.~a pv~,.a ppa, C JC:A, aeorye ~ - 2r¢s. 1 ttrE151 OE TUNMCTION(51 fEE tK. IYR :JLOU, iranrt ~ - /,2res. ...n. ,_c. 'f.--_ .,JCGIn~ J1 OtJ~id iec, '_:U L K :Sn, Joan ., - 2i. 5:x, .' i..er I •/ O~F,y~ _. . ince s uagnett] S. la[plan d M.m.--NU.ilwr aq Lnw d p..: :w rtv Ll eivu. .r Cade < n ho~ Cu:JnVa 9:]N aan J~OCnarmn TOTAL ~ f > Ara hrm,vt md. a nmw+. I.can+.d, Sii ~6 . Sbe. ryp d lkmr Cih lim~F+ f. MaAiM Adbnr fl E1larrn+lm. S)-NUTMr aM Suxr r. :.H:^. v. Nma yw r..r bran canrirNd d e lalwft 10 Na.u Tea urn .,o4wd anT d Iba pro.~uem d Mw AbeFW ....~ ro c ~ n" ,ro.lason. pr m. o.wrm+,n o. a N~ Ma ; t? 11. Fybn a "YES" om.w N iN,nt v w 10 an en MwNnaa, .FiM Mall a dwmrd pan d Mn oppiaonen • i]. ApplKam aWau+ lal INe or,T mor,afrr a,npirrad .n n.µM licrnrd praw~u, ..II Mru all Ma walMCV+,em d a I,taam, or e fb11M+ M all Prot rWeN w cww a pmu+ b fw HdeM ant 0l Me Yormm+ al Ma MteFOl~c Mrrroaa Cenuol Aet. q. fidtf OI CAIIfOENU. Cwa d - ....... ........ _7......._..,__..Wn.._..' ... ~......_._ . ~M ,yam,,.. +n.r ~ r Sy ,fir. ~.n w ~ r ~. i.~.n n,~ a ~ ,W~ w r 4.n • .w .rMnr ri ~~ • ~.w r ~., i. .+V+. a. ~.,4y ~ rF w M1 ~4 ~. Y., .J nw ~, uM ..n n.. M... ,~ ~. .- «.. . A . .. e....., 1A /,1M1ICANT ~ i SIGN NEN __.'.A'"~,11 _'__~.c_C.~GL.-/'Ll~'i _.- ................__..-'.. ..- .. r .._......___.._ ..................................... ...___........._..... _...,.........._._........_..._. - _ AMIKATION ~~ iRAN3/tAOA 15 STAtf d [ApfpfNlA Camh d ........................__._........ Gan ..._.........._._......._. . r r rr,•r ..r. . ra, µ + .a w rWr., w ~ e.~w, li ..n w.. ~ A Y ~ r1^~^ rnwY inn Yr, 1 M ~ -~ rMS I •~„,.. ~ , n~,~ M .r„~~ , .s, +, ..M, vaww~.. wYnn~ .~, w -.hr,r~. ., n~N, rn.n . n.r ~wn~ .~s +r m.n.a ~rn.,r r a.. Nr~+a Q vrlwd, Ir M._.._.,.__.hM A......____ ............._.___Odlu aa._..__....._._. ArrEM Nr. •r.M•• w- r n, ~,~ Oo Na EYrW Mle+e tAY Liar; Fp UaparNnrN Ur ONE AnxMd: L' Ewa.dN naNaa. ^ Was+Y ryan. .............................................. _.._CCMES IMAM ..._._.'..v$.dC,....... _..._..._..._... .Nl .YL nCJa: S` J~ • , nY.. r. ~ Yi Y. Y lu .~ x ..~ rY. FURNESS, FLORY 6 MIDDLEBROOK (714) 888-5751 1411 North "D" Street i San Bernardino, CA 92402 ~c.,l.rcx Defendant, c. P• CONSTRUCTION 3 ~ C~ C11Y~OF~RANCH000CAtAGNGA N.E=~Y.wrs::~.~. m~~e. asw~.>on an.v~~,u..>• ..r, .YU ~os's~~„~. .. .+Ja=i s. SAN BERNARDINO SUPERIOR COURT ADMIN'STR,+TION west Division ~ MAR 26198,5 1540 North Mountain Avenue Ontario, CA 91762 ~ ~ nIll112111219i41518 9 8 4 .: , ,,..,..Yrx, J 1 ~ i DAVID W. HOUGH, et al. - -vo.n~ i + s=uron~ s y ELAINE L. WADMAN CONSTRUCTION COMPANY, et al. PROOF OF SERVICE BY MAIL ->u Y-uei- OCV 32877 Heating. Date N/A Time N/A Dept N/A I am over the age of 18 and not a party to this action. I am a r¢sident of or employed m the county whe•e the madmg occurred. My residence or business address is 1411 North "D" Street San Bernardino, CA 92402 • I served a copy of the following documents Ilist documenisj: CLAIM FOR INDEMNITY by plaang a true copy of each tlocument in Ne Umted Slates mad. m a sealetl envelope with postage fully prepaid, as follows. a. Date of deposn, March 25, 1985 b Place of deposit Icrty and state) San Bernardino, CA c Addressed as lollows: CITY OF RANCHO CUCAMONGA 9320 Base Line Road Rancho Cucamonga, CA 91730 ATTN: City Clerk I declare under penalty of perjury that the foregoing ~s true and correct and that Nis declaravon is executed on Idatel March ,25L.985__ , at Iplacel _, San Bernardino _, Cahbrma. Bo_tty Barham rvPe or Pr,m Neme S~gnaane I1CI5 Code aazalozl - PROOF OF SERVICE BV MAIL _ 7 Y 8 w J o~ 5~ uy a l' O :~ N Z ) C.P. CONSTRUCTION CO., INC. ) • CLAIM FOR INDEMNITY Claimant ) I T0: NAME OF CLAIMANT: ADDRESS OF CLAIMANTS: ADDRESS TO WHICH NOTICES SHOULD BE SENT• DATE OF ACCIDENT: PLACE OF ACCIDENT: CITY OF RANC EIO CUCAMONGA C.P. CONSTRUCTION CO., INC. P. O. Box 1206 Ontario, CA 91761 FURNESS, FLORY 6 MIDOLEBROOK P. O. Box 1319 San Bernardino, CA 92402 June 19, 1903 Hermosa Avenue, approx im a[ely 300 feet south of Wilson Street, Rancho Cucamonga, CA DATE COMPLAINT SERVED: On/about November 26, 1984 FACTUAL BACKGROUND OF CLAIM: This is a single Vehicle automobile accident neat tt~ intersecCion of Hermosa Avenue and Wilson Street, Rancho Cucamonga, CaliEo rnia. The accident occur red on June 19, 1983 at approximately 9:55 PM. The seventeen (17) year old, DAVID W. HCUGH, was driving a 1973 Fiat 128 Sedan with Eive (6) minor passengers. The complaint alleges that road construction was taking place in the area where the accident occurred. Named as deEe ndants were ALTA LOMA SCHOOL DISTRICT, CITY OF RANCHO CUC AM CNGA, ELAINE L. WADM AN CONSTRUCTION COM PANYr and C.P. CONSTRUCTION, The complaint alleged that these companies and/or gove rnmental entities negl igently supervised, designed, constructed, installed and maintained the streets and property surco ending the intecsection so as to proximately cause and contribute to the dangerous condition which was the proximate cause of the accid e!~i[ complained of by the plaintiffs. /// • // 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 '' 32 33 34. 55 36 -1- • Y 8 m w J 0 'off .~ <.n • o~ ;O JLL N N K 7 LL 1 2~ 3 4 S 6 7 6i 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 27 28 29 30 31 32 33 34 35 36 PUBLIC EMPLOYEES RESPONSIBLE: AMOUNT OF CLAIM: DATED: December 29, 1984 Unknown. Unknown. FURNESS, FLGRY 6 MIDDLEBROOK LN.~ Y GRE C. LEB K Attorn s Eor Claimant C.P. CONSTRUCTION CO., INC. -2- 9 ---- CITY OF RA1~CH0 CI;CAMONC,A ~~cn.No STAFF REPORT ~`r~', __ ~~ 'x _ z 19"7 DATE: April 3, 1985 T0: City Council and City Manager FROM: Lioyd B. Hubbs, City Engineer BY: Barbara Kroll, Assistant Civil Engineer SUBJECT: Approval of 8116, Bonds and Agreement located on the south side of 9th Street at Comet and Bowen Streets submitted by Gilbert Rodriquez ~ Parcel Map 8116 was approved by the Planning Comniss ion on November 9, 1983 for the division of 1.3 acres into 4 parcels in the Low( 2-4 du/ac) Development District located on the south side of 9th Street at Comet and Bowen Streets. The Developer, Gilbert Rodriquez, is submitting an agreement and bonds to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: 58,200.00 Labor and Material Bond: S4,I00.00 ~J RECO!lENDATION [t is recommended that the City Council adopt the attached resolution approving Parcel Map 8116, accepting Said bonds and agreement and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respgctf idly Su "tied, vl ://BK' a ~~ Atta hments /0 ~i ~~1 ~~8 ~i'~ ~ ~ ~ 3j~ ~.~ is ..~ i a a ~'¢ g kf iLL ~ ~~~ Nt~ ~'~w ~ m ~a ~ u O ~ nZ f ~ ZY~I G6 ~ z H ~~~_ I ~QQ~ ~V ~~ w ~~3~ ~ f ~~~f U yLLV ~~¢ 4 `~W 1~~1 ~- - L)wn)' a m~a ~~ ~r s~+w W w r __-i- y~ O i v h l ; A ~ i k }~y ~ I ~ a ~I ____ __«^'____ ~ I __ ___Y ~~ ___ 1 _ ~ °T ~ I A II ~ ~I q i __ ~i I 1 ,L ~~~ ._ '1 1 ~ 1 \ J (l 11 X \ \ -i 1 t ~. 1\ l 4 I i \ ~ \ ~ \ I 1 \ 1 ~ ~ ' ~ \ \\ \ ~ l '~ ~1Y i ; \ Y 1 ~ ` ~ z ~ y \ i i I ~ i .__c~t--~ _~-13/10: f ~ LJ i •'~ ~ l11JVf ~-~ _ __ ___ I I p 1 .__~~. ___-_ ~ \ ~ _ __ -~H_--__/ i M i r I r-a ( i b 9 I ~ I T I Sy I ~._H I p=. ~ i ~~~ 1 • CITY OF RANCHO CULAXOX6A IMPROVEMENT A6REE MENT FOR PARCEL MAP 8116 KNDW ALL MEN 8Y THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Luc amon ga, State of California, a municipal corporation, hereinafter referred to as the Lity, and Gilhert 6. Rodriguez hereinafter referred to as the Developer. THAT, WHEREAS, said Developer desires to develop certain real property in said Li ty located at Bowen at Hyacinth & Comet north of Chaffee; and WHE RERS, said City has established certain requirements to he met by said Developer as prerequf site to gr an[ing of final approval; and NOW, TNERE FO0.E, it is hereby agreed by and between the City and the Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on page 4 hereof within twelve months from the date hereof. 2. This agreement shall be effectfve on the date of the • resoi ut ion of the Council of said City approving this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has keen gr ani ed by said Lity as hereinafter prgvid- ed. 1 3, The Developer may request additional time in which to complete the provisions of this agreement, in writing not less than 30 days prior to the default date, and including a statem en: of circumstances of necessity for addi fional time. In considera- tion of such request, the City reserves the right to review the provisions hereof, including construction Standards, cost estimate, and sufficiency of the improvement security, and to require ads ustments thereto when warranted by subst antiai changes f herefn. 4. If the Developer fails or neglects to comply with the pro•'i stops of th15 agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon io recover from Said Developer and/or his Surely the full cost and expense incurred in so doing. 5. Construction permits shall be obtained by the Devel- oper from the office of the City Engineer prior to start of any cork within the public right-of-way, and the developer shall conduct such work in full compliance with the regulations contained thereto. Non-compliance may result in stopP ing pf the work by the City, and assessment of the penalties provided. 6. Puolic right-of-way improvement work required shalt be constructed in conformance with approved improvement plans, Standard Specif lcat tons, and Standard Drawings and any special /1. amendments Cheretc. Construction shall include any transitions and/or other incidental work deemed necessary for drainage or • public safety. Errors or ommissions discovered during construc- tion snail be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall he covered by the provisions of [his agreement and secured by the surety covering the original planned works. 7. Nork done within existing Streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cast ono expense incurred from the Developer and/or his contractor 6y any lawful Weans. e. The Developer shall be responsible for reDl ac em en t, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of [he City Engineer and the owner of the water system. 9. The Developer shall he responsible for removal of all loose rack and other debris from the public right-of-way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished 6y the Developer to guarantee completion of the terms of this agreement shall he suhject to the approval of the City gttorney. The Drin- ciDal amount of said improvement Security shall no[ be less than the amount shown: r 1 L_J • /3 • FAfTHF UL PERFOR NANCE T YDe: Bono Principal Amount: E8,200.00 Name and address of surety: MATERIAL ANU LABOR TYDe: Band Principal Amount: 44,100.00 Name and adtlress of surety: CASH DEPOSIT NONUMENTATION Type: Principal Amount: N/A Name and address of surety: TO BE POSTED PR[OR 70 ACCEPTANCE RY THE CITY !N RIT NE SS HEREOF, the parties hereto have causetl these preSenSS to 6e duly executed and acknowledge with all formalities required by law on the d tes set forth opposite their signatures. O ate, >? /_ ,F~_ by Developer ig a urn • Oate by -~~g nature r rtnte Accepted: City of Rancho Cucamonga, California A Municipal Corporation Ry0 Mayor Attest: City C erk Approved: City Attorney OE VELOPER'S SIGNATURES MUST BE NOTFRIZEO Developer ,y CITY OF RANCHO CUCAMONGA ENGINEERIN6 GIV ISION ENLROAG:!ENT PERMIT FEE SL.4EOIILE For lmprovemen[: Bowen at H acinth & Cnmet north of Chaffee Date: Januar 8 Gomput etl by: L',nvil e-Sanderson ;Assoc. File Reference: Parcel Map 6 Lity Drawing No. XOTE: Does trot include current fee for writing permit or pavement deposits pUNNT1TY UNIT ITEM PRICE Ai+O'JN? L.F. P.G.L. taro - 12" C. F. 24" gutter 7.25 2I~- L.F. P,C.C. cure - 8" C.F. 24" gutter 6.00 2fi0.00 L.F. P.C.L. curb only 5.50 L.F. A.C. berm 4.50 818 9.F. 4" P.C.L, sidewalk 1.75 1 431.50 aa3 S.F. Drive approach 2.50 S.F. 8" P.C.L. cross gutter (inc. turh) 3.40 L.Y. Street excavation 1.50 C.Y. Imported embankment I.SO 680 S.F. Preparation of su6grade 0.15 T- S.F. Crushed a99. base (per inch thick) 0.03 49. TON A.C. (over 1300 tons) 27.00 TON A,C. (90C to 1300 tons) 35.00 TON A.C. (500 to 900 tans) Q5.00 31- TON A.C. (under 500 tans) 60.00 . 860. 0 S.F. A.C. (3" thick) 0,55 S.F. Patch A.C. (trench) 1.75 S.F. 1" thick A.C. overlay 0.30 Eq. Adjust sewer man hate to grade 250.00 EA. Adjust sewer clean out to gratle 150.00 EA. Adjust water valves to grade 75.00 EA. Street ligh [5 1000.00 L.F. Barricades (inter5e<, b500 minj 1,00 L.F. 2 x 4" redwood header 1.75 - ' ~- S.F. Removal of A.L. pavement 0.35 T3~2 o ~6S- L.F. Removal of P.,;.C. curb 3.30 44. 0 LF, Removal of A.C. berm i.CO EA. Street signs 200.00 EA. Reflectors and posts 35.00 L.F. Concrete block wall 25.00 S.F. Retaining wall 20.00 TON aggregate base 7.00 C.Y. Concrete structures 425.00 L,F. 18" RCP (2000 D) 29.00 L.F. 24" RLP (1500 0) 35.00 L.F. 36" RCP (2000 D) 49.00 L.F. 48" ALP (1200 D) 76.00 Eq. Catcn basin N = 4' 2000.CO EA. Catch hasin N = 8' 2900.00 Eq. Latch basin w = 22' 4500.00 EA. Local depression 4' 500.00 EA. Local depression l2' 1000.00 EA. Junction structure 5000.00 EA. Outlet structure, Std M506 1500.00 EA. Outlet structure, Std 0507 500.00 EA. Guard pasts 40.00 L.F. Guars panel (wood) 25.00 L.F. Sawcut 2.00 Eq. Headwall (48" wing) 4000.00 L.F. Redwood header 1.75 EA Tree Removal 150.00 -Sdb-' ~- EA Street Trees 50.00 852 S.F. Conc. Removal .35 29 ENGINEERING INSPECTION FEE 5430.00 SUB TOTAL f7 389.76 ~ •RESTORATION/DELINEATION CASN --SbS~6l~~ CONTINGENCY COSTS ~1~23~ - DEPOSIT (REFUNOgBLE) FAITHFUL PERFORMANCE BOND (100X) 7S B~G~ - ` ~ MONUMENTgTION S URETY (CASH) N/A LABOR qN0 MA?ER1gL BOND (50X) Sa6.db 4y B Executetl in Triplicate <Ol NAA 016X28 Premium: SIfi4.00/Zyr. • FAITHFUL PERFORMANCE BONG WHEREAS, the City Co until of the City of Rancho Cucamonga, State of Lal if ornia, antl Gilbert B. Ro dri uez {herein of ter design ate0 as "principa nave entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said a9r eem en t, tlated danuar 8 198 85 and identified as project ar<e Map 8 6 is hereby ref er re0 to and made a part hereof; and, WHEREAS, said principal is required under the terms of saitl agreement to furnish a bond for the faithful performance of saitl agreement. n NON, THEREFORE, we the principal and Balboa Insu roc ce Company as surety, are held and firmly bound unto the City of Rancho C uc am on9a (hereinafter called "City"), in the penal sum of Eight Thousand Two Hundred and 00/100 Doll-ors (58,200.00) lawful money of the United States, for the payment of Which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, •, successors or assigns, shall in all things stand to and aD itle by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to De kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and ~ sha 11 indemnify and save harmless Li ty, its officers, agents and employees, as therein stipulated, then this obligation zha11 become null and void; otherwise, it shall be and remain in fuli force and effect. { As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no chan;z, extension of time, alteration or addition to the terms of the agreement or to the work to be Derf ormed thereunder or the speci- fications accompanying the same shall In anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN NIT NESS WHE0.EOF, this instrument has keen duly executed by the print}pal and surety above named, oh March 18th 1985 , Gilhe rt 8. Rod ri uez Balboa Insurance Company eve oper urety , -' ~- -(S'I~gnature~~-- torney- n- aci k7 Raymond E. Gail pi - ATT nc arP -'-Y TO •' ecuted in Triplicate =O1 NAA 0:6825 LA80R AND MATERIAL NEX BOND WHEREAS, the City Coun 11 of the City of don cho Cucamonga, • ,Late of California, and ~iibe rt B. Rod n guez (hereinafter designated as "principal" have entered into an agreement whereby Dri ncipal agrees to instal'. and complete certain deli ~n ated public improvements, which said agreement, dated Jan ua y B ~ log 5 and identified as proyect Parce Map ,6 is hereby referre dd to and made a Dart hereof: and WHEREAS, under the terms of said agreement, principal is re guire0 Def ore entering upon the performance of the work, to file a good antl sufficient payment band with the City pf Rancho Lutam onga to secure the claims t0 xhich reference is made in Title 15 (commencing with Section 3082) of Par[ 4 of Division 3 of the Civil Code of the State of California. NON, THEREFORE, zaid principal and the undersigned as a corporate surety, are held firmly hound unto the Ci[y of Rancho Cucamonga and all contractors, suck ontr ac for s, laborers, material men and other persons employed in the performance of [he aforesaid agreement and referred to in the aforesaid Lode of Li vil Procedure in the sum of Four Thousand One Hundred and 00/100 Dollars (54,100.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bontl will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's • fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs antl t0 be included in the judgment Lhe rein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Oivi son 3 of the Li vil Lode, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond he fully Derf armed, then this obligation shall become null and voiA, otherwise it shall be and remain in full force and effect, at... tl an The surety hereby stlDulates and agrees that no change, fey extension of Cime, al ter atfon or addition to the terms of said ali agreement or the specifications accompanying the same shall in any manner affect its obligations on this ho nd, and it does here- by waive notice of any such change, extension, alteration or e.rte addition. agree ficat °h11g, IN WItN ESS WHEREOF, this instrument has been d ty executed by such ,1 the principal and surety above named, on March zer~ 198`_ z Gilbert O. Rodrigues Balboa Insurance ComPa ny eve oper ,- - -- ure ty / . , -( gn ature~i% -~ tt rney-in- act '"~` Aayma nd E. Gail PLEASE ATTACH POKER OF ATTOflNEY TO ALL BONGS SIONAi URES MUST BE NOTARIZED /8 RESOLUTION N0. ~EB4$3-=66R~ QS- v~ ~'~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCPMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 8116, (TENTATIVE PARCEL MAP N0. 81161, IMPROVEMENT RGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 8116, submitted by ri lbert Rodriquez, Subdivider, and consisting of 4 parcels, located on the south side of 9th treet between Comet and Bowen Streets being a division of a portion of West 1/2 of Lot 27, according to the Map of Cucamonga Lands, recorded in Book 4 of Maps, Page 9, Records of San Bernardino County, was aoDroved by the Planning Commission as provided in the State Subdivision Mao Act and is in compliance with the requirements of Ordinance No. 28 of said Citv; and WHEREAS, Parcel Map No. 8116 is the Final Mao of the division of rand approved as shown on said Tentative Parcel Mao; and WHEREAS, to meet the requirements established as prerequ is ire to approval of the Final Map, said subdivider submits for approval said Final Mao offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Pity of Rancho Cucamonga, California, as follows: • 1. That the offers for dedicat ton and the Final Mao delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 8116 he anA the same is hereby approved and the City Enq ineer is authorized to present same to the County Recorder to be filed for record. ~9 rimv no n n vrvn rrn.. ~Rna~n STAFF REPORT ~ ~,......,.,V,ln z W i • GATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 8Y: Barbara Kroll, Assistant Civil Engineer 19" 6UB~ECT: gpproval of Parcel Mao 8695 located on the north side of 7th Street hetween Pittsburgh and Bridgeport submitted by O'Donnel, Brigham S Dartners Parcel Map 8695 was approved by the Planning Commission on November 14, 1984 for the division of 6.285 acres into 3 parcels in the General Industrial Development District located on the north side of 7th Street between Pittsburgh and Bridgeport. Off-site improvements, excepting drive approaches, have been cons?rutted. The drive approaches will be constructed at time of Aevelooment of the parcels. RECDMIENDATiDN It is recommended that the City Council adopt the attached resoial,on approving Parcel Map 8695 and authorizing the City C1erp to cause said moo to record. Re efrtfully submitted, L~H as ~ Attachments ~O .. • , :~ f.. ~... .. ~~ ~- p,~L .MAP M~ iMk'f" ' ` •, • iw uN r ~~y«r~~. fM sr f~{yr~r•. r~rrr fMA~ ~Y"rY~l~, ~w[ ~w. fH ~~L~~ i ... r.J'r:L ...~ LAND USES INDUSTRIAL ~,,,,,, ,,,, qua r..w / ..- - ---~ri ~ i~ ,w[«rohr __._. _~'v~; \ ... .. ~... J Q 4 r 0 z w ~I~ LAND USE ~ INDUSTRIAL ~~ }_~ ' •. a~.c ~~~ ra Y ~ - w.r ' . .. •. ~ 1~~, r.r+ ~ iw.yw w~ rw... ~ . . Y~. ir/'~~' '~ ~ w . ~. .. . 1i. ~_ ~ ~n 0 z ;~ ~~ iI 1 RESOLUTION N0. EG4<64b7R ?S - /G 3 • A RESOLUTION OF THE f,ITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8695 (TENTATIVE PARCEL MRP N0. 8695) WHEREAS, Tentative Parcel Map Number 8695, submitted by O'Donne 1, Brigham 6 Partners and consisting of 3 parcels, roc ated on the north side of 7th Street between Pittsburgh and Bridgeport, being a division of Parcel 3 of Parcel Map 7555 as recorded in Book 71, Pages 42 and 43 was approved by the Plannfng Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8695 is the final map of the division of land approved as shown on said Tentative Parcel Mao; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, Caiifornia, that said Parcel Map Number 8695 be and the same is hereby approved and the Lity Engineer is authorized to present same to the County Recorder to be filed for recora. • as - ___ _ ... _____. _..,, ..., ~ ............. STAFF REPORT Lw..v~p ~~'~_ ~, . x ~~ =~~4--;- GATE: April 3, 1985 T0: City Cou ncil and City Manager FROM: Lloyd B. Nu bbs, City Engineer BY: Barbara Kral1, Assistant Civil Engineer SUBJECT: Approval of Parcel Map 8842, Bonds and Agreement located on the south si de of Terra Vista Parkway, east of Spruce Avenue submitted 6y Lewis Development Co. Parcel Map 8842 was approved by the Planniny Commission on January 9, 1985, for the division of 150. acres into 2 parcels in the Terra Vista Community Development District located on the south side of Terra Vista Parkway, east of Spruce Avenue. u The Developer, Lewis Development Co., is submitting an agreement and bonds to guarantee the construction of the off-site irtiprovemen is in the following amounts: Faithful Performance Bond: 882,000.00 Labor and Material Bond: 841,000.00 RECOMIENOATION It is recommended that the City Council adopt the attached resolution approving Parcel Map 8842, accepting said bonds and agreement and authorizing the Mayor and City Clerk to sign said agreement and to :ause said map to record. Res ctfully sub~tted, ~~ LBH:B b Atta ments -Z 3 Gu m TENTATIVE '"EFT , GF ~ !HEFT PARCEL MAP N0.8842 IN THE CITY OF ~ANCNO CUCANONGA~ CAUFOYNIA ~.....m.o:. o. ~.~e .o ..oo. ~ e. ,.... ~.a . .. ... o..~,..,. '~ l LOTS SVTEN[EL I1Q IS.O .~C.ES ~~ a ~~ 5 i 1 _ I~ I Sr i.n~_.._ ~-. ~~-' ~~..~ -I-,._ ~. ~`~- -~ ~-w ilk; ~'L>_.«` \ ~ .~\ .. ,~ ~ ~ E' . i :, roo.r..P.~~_ T ... PrM.O.I[O TRK'NrG."• 1~ _ ~~~. __ - -;~ ,~,'~~ - " 4°'K ~ l ,'~. z, __ ~4\ ~o-_. °'~''"' _ ~ ~ ~ ~ ~~ , _ ,,..N ' ®~ ~». a.....' ,,.am ..~.. -'-- - 9EOt+t~co .cwow. rire_. ,-- i' ~:~ .~ 1) ~' ~.~ ~. ~ m. ~S°°p5~'y~~~''1`5~ " „C'~..~1,11 I51 ~; 1.1 .SYIIII - ~~ i e ~_``~~ w, ~Y • CITY OF RANCHO CUCANDNDA INPROYENE NT AGREE NENT FOP PA0.LEL 1 OF PARCEL NAP 8842 KNON ALL MEN BY THESE PRESENTS: Tnat this agreement is made and entered into, in conformance with the Dror sions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, and Lewis Development Co. hereinafter referred to as the Oevel oper. T NqT, NHE RE AS, said Developer desires to Bevel oD certain real property in said City lccated ~n the south side of Terra Vista Parkway, east of Spruce Avenue; and MHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to granting of final approval; and N Ow, THE REFOAE, it is hereby agreed by and between the City and the Developer as follows: 1. The Oeve top er hereby agrees to construct at Developer's expense ail improvements described on page 4 hereof within twelve months from the date hereof. 2. This agreement shall De effective on the date of [he resolution of the Council of said City approving this • agreement. This agreement shall be in default on val id r d t f the day unless an follow- exten- e o sa app o a ing the first anniversary sion of time has been granted by said City as her etnaf ter provid- ed. 3. The Developer may request additional time in which to complete the prov ist ons of this agreement, in writing not less than 30 days prior [o the default date, and including a statement of circumstances of necessity for additional time. [n considera- tion of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of [he improvement security, and to require adjustments thereto when warranted 6y suhstaniial changes therein. 4. if the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be comDlet ed by any law- ful means, and thereupon to recover from said Developer and/or his Surety the full cost and expense incurred in so doing. 5. Construction permits shall 6e obtained by the Devel- oper from the office of the Ci[y Engineer Dr for to start of any work within the public right-of-way, and the developer shall conduct such work in full compliance with the regul attons contained therein. Non-compliance may result in stopping of the work 6y the City, and assessment of the penalties provided. 6. Public right•of-way improvement work required shall be constructed in conformance with approved improvement Dl ons, Standard Specifications, and Standard Drawings and any special -~ S amendments thereto. Construction shall include any transitions and/or other incidental work deemed necessary for drainage or • public safety. Errors or ommissions discovered during construc- tion shall De corrected uDOn the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the Drovis ions of this agreement and secured by the surety covering the original planned works. 7, work done within exis ping streets shall 6e diligent- ly pursued to completion; the Lity shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and/or his contractor by any lawf •i1 means. D. The Developer shall be responsible for replacement, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the Owner of the water syz tem. 9. The Developer stall be respo nsi6le for removal of all loose rock and other debris from Che public right-of-way. 10. The Developer shall plant and maintain parkway trees as directed by the Comm; ni ty Development Director. I1. The improvement security Co De furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the aDprov al of the City Attorney. The prin- cipal amount of said improvement securlty shall not be less than the amount Shown: r 1 L.J ~6 • FAITHFUL PERFORMANCE Type: 7rinci pal Amount: 482,000,00 Name and address of surety: MATERIAL ANO LABOR TYPe: Principal Amount: 441,000.00 Name and address of surety: CASH DEPOSIT NONDMENTATION Type: Pr!n cipal Amount: ,4/A Name and address of surety: TO BE POSTED PRIOR TO gCCEPTANCE BY THE LITY IN WITNE S4 HEREOF, the parties hereto have caused these presents to be duly executed and acknowledge with all formalities required Dy taw on the da es set forth opposite their signatures. Date Nacch t1, 19 e5 py ~~h~4~d~~~`~ ~ .~ Developer Signature Fandatl W. Lewis • Oate by Developer 4tgn ature Acce Dt ed: Lity of Rancho Cucamonga, Lalif ornia p Municipal Corporation 8y: Mayor Attest: City erk ADDroved: City pt torney 9taE OF GLIFOPMY r LWxiy OF. ~=__~___I / a~ March 13, 1985 eEra.nr ~w~aE~war¢e MO~n4xc xEM ar EEeaaw.ax.rw,. Ea-_ aanaell W. ter ia _ prEanYlr\nA111e Ilw la pwMgm.mlM eW.of rlYClay ErWlello eElM pnm.M.rsu1EY1M +mx,IMnmMln riM EOxmd [awls Hwra of Celif i_p m. awm«wo mee r.an.e nx .uwe IxxnEnenL re EwmaaEerox.mN xwwrrx.a~nxrMx.axer ewnEna awe rxMryxp reiMira rnMMroEVavEa OFFICIAL DEAL ~~ l VINd NIq KING ' e1') xorxm oveu< ~ uuroanlq ~' sex aEanaaolno 1 ~ w counn CITY OF RANCHO CUCAMON6A END [NEERING DIVISION ENCROACINENT PERMIT FEE SCHEDULE Far Improvement: p. N. 8842 - PCC. 1 - N,W. TERRA VISTA 9EI ,H 80 P.HOOD PARK 04te: 2-21-BS ~.ompute Y: MAO File Reference: City Drawing o. NOTE: Does not inc lode current fee for writing perw it or pavement deposits OUANTIiV UNIT ITEM PA ICE AMOUNT L.F. P.C.C. curb - l2" L.F. 24" gutter 7.25 3B4 L.F. P.L.C. curb - 8" L.F. 2A° gutter 6,85 8.00 tn77.nn 50a L F, P.C.L. curb only 48" 5.50 n;nnn 38 L.F, q,C. berm 4,50 171 nn 23od S. F. 4" P.C.G. sidewalk 1.75 env nn IO9q S.F. Drive approach 2.50 ~T ;n_nn S.F. 8" P.C.C. cross gutter (inc. curb) 3,40 i aeo C.Y. Street ee cavation 1.50 ~n ~n nn C.Y. Imported embankment 1.50 i Si9B S.F. Preparation of subgrade 0.15 nan_no _,L5,558 S.F. Crushed agg. base (per inch thick) 0.03 0.1z lu~~_nn i0N A.C, (over 1300 tons) 27,00 -- TON A.C. (900 to 1300 tans) 75.00 374 tON A.C. (500 to 900 tons) 45.00 lea in.nn t74 TON P.L. (under 500 tons) 60.00 »aan nn S.F. A.C. (3" thick) 0.55 S.F. Patch A.C. (trench) 1.75 S.F. 1" thick A,C. overlay O.JO _ EA. Adjust sewer manhole to grade 250.00 EA. gdjust sewer clean out to grade 150.00 EA. qdj ust water valves tp grade 15.00 EA, Street lights 1000.00 • L-F rA , Barricades (inter5ec. 5500 min) L.80 500.00 ;p p ala L.F. 2 r 4" redwood heatler 1.75 °50 nn S.F. Removal of q,L, pavement 0.75 l.F. Removal of P.C.C. curb 3.70 L.F. Removal of A.C. berm 1.00 EA. Street signs 200.00 - Eq. Re/lectors and posts 35.00 L.F. Concrete block wail 25,00 -J g.F, Retaining wall 20.00 TON Aggregate base 7.00 C.Y. Concrete structures 4;,7.00 __ L.F. 18" RCP (2000 D) 29.00 LF, 24" ACP (1500 D) 35.00 L.F, 36" RLP (2000 O) 49.00 472 L.F, q5 4B" RLP (1200 D) (L000 DI 75-00 65.00 tncan nn Eq. Catcb basin N a 4' 2000.00 EA. Catch basin N 8' 2900.00 EA. Catch basin N 22' 4500.00 EA, Local tlepre ssion 4' 500.00 EA, Local depression IZ' 1000.00 I EA. Jwn~Lica-ctcuCturs MANHOLE 5000.-00 2500.00 2snn nn EA. Outlet structure, Std Y506 1500.00 EA. Outlet structure, Std -0507 500.00 EA. Guard pasts 40.00 L.F. Guard panel (wood) 25,00 __ L.F. Sawcut 2.00 EA. Meadwalt (48" wing) 4000.00 L.F, Redwood header 1.75 __ S.F. Landscaping d Irrigation 2.75 L.F, Roll curb (P. C.C.) 7,50 ENGINEERING INSPECTION FEE aa815 AC SUB 10iAL g 71227.00 •RESTORRiION/OEUNEgiION CASH SIOti .-.r CONTINGENCY COgTS (lOtl g-'477Td~ OEPOSIi (REFUNDABLE) FA ITNFUL PERFORMANCE BONG (100X) 5.62 ,OQQ~00 MONUME NTATION SURETY (CgSN) N/A LA80R ANO MRTERIgL 80ND (501<) g 41.000.00 ab .. ... ~: o.:. k:J • FAITHFUL PERFORMANCE BOND WHERER S, the City Council Of the City of Rancho Cucamonga, State of California, and [zwis Homes of Calico rnia (hereinafter designated as "prin ci pa have entered into an agreement whereby principal agrees to install one complete certain designated public improvements, which said agreement, dated :arch iz , 198 5 and identified as project arse o arse ap is hereby referred to and made a part hereof; and, WHERERS, said principal is required under the terms of said agreement [o furnish a bond for the faithful performance of said agreement, NOW, THEREFORE, we the principal and 'JeveloFer's Insurance Company as surety, are held and firmly hound unto the City of Rancho Cucamonga (hereinafter called "City"), in the penal sum of Eighty-Two Thousand and 00/100 Dollars (582,000.00) lawful money of the Uniled States, far the payment Of which sum well and truly to be made, we hind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these pr es ent5. The condition of this obligation is such that if Lhe above bounded principal, h15 or its heirs, executors, administrators, • successors or assigns, shall in ail things stand to and abide 6y, and well and truly keep and perform the covenants, conditions and provisions in the Said agreement antl any alteration thereof made a5 therein provided, On hiS Or their part, CO be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and Save harmless City, its officer 5, agents and employees, as therein stipulated, then this obligation shall became null and void; otherwise, it shall be and remain in full farce and effect. AS a part of the obligation secured hereby and in addition to Che face amount specified therefor, [here shall 6e included costs and reasonable expenses and fees, inciuding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as casts and incl utletl in any judgment rendered. the surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of th¢ agreement or to the work to he performed thereunder or the speci- fications accompanying the same snap in anywise affect its ' obligatf ons on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN Wf TNE55 WHEREOF, this instrument has Ceen duly executed 6y [he principal and surety above named, on March 1i 198. Lewis Homes of Caiitornia neveloper's Insurance Company eve oper urety 7 loll ~~; L?^' ~ ~ i' n g ure Autho sea Agent I tt os e - a Step en o. p~gnolo 1~ PLEASE ATTACN PONER OF AT700.NEY TO ALL BONDS S. r _.. nerFO rna: LABOR AXD MATERIAL NEN BOXD WHEREAS, the City Council of the City of Rancho Cucamonga,. State Of California, and iew>s Homes of califo raa (hereinafter designated as "principa ," have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated :arch is , 198 5 and identified ds pr p,7 ect drCe of arce MaD 8 is hereby referred Lo and made a part hereof; and WHEREAS, under the terms of said agreement, principal is reguired hefore entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga Co secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part a of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Drincipal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all ton tractors, subcontractors, laborers, material men and other pers on5 employed in the performance of the aforesaid agreement and referred So in the of o res aitl Code of Civil Procedure in the sum of Forty-One Thousand and 00/100 Doll ors (E41,000 .00), for materials furnished or labor thereon of any kinC, or far amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinahove set forth, and also in case suit is brought upon this 6o nd will pay in addition to [he face amount thereof, casts antl reasonable expenses and fees, inclutling re as on ahle attorney's fees, incurred 6y City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be• included in the Judgment therein rendered. IC is hereby expressiy stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part a of Divison 3 of the Civil Code, so as to give a rf ght of action to them or their assigns in any suit hrou 9ht upon tots bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be antl remain in full farce and effect. The surety herehy stipulates and agrees that no change, extension of time, alteration or addition to the terms of saitl agreement or the specifications accompanying the same shall in any manner affect tts obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. IN W[TNESS WHEREOF, this instrument has been duly executed 6y the principal and surety above named, on March 12 198 5 ' ev,gg~ oiler ~o^ y"Ore Au<ho rzzed Agenc ,o ~. S tephenoA Spagno loc • PLEASE ATTACH POYEA OF ATTORNEY TO ALL BONDS S16NATURES MUST BE NOTARIZED 34 RESOLUTION N0.-E84-63-B5R 8S -ioy • A RESOLUTION OF THE CITY COUNC [L OF THE CITY Of RANCHO CUCAMONGA, CALIfORNIR, RPPROViNG PARCEL MAP N0. 8842, (TENTATIVE PARCEL MAP N0. 8842), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 8842, submitted by Lewis Development Company, Subdivider, and consisting of 2 parcels, located on the south side of Terra Vista Parkway, east of Spruce Avenue, being a division of Lot 1, as shown on Tract No. 2202, recorded in Book 34, Pages 67 and 67 1/2 and a portion of Section 1, Township 1 South, Range 7 Nest, as shown on Cucamonga Fruit Land Company as recorded in Book 4, Page 9 was approved by the Planning Commission as provided in the State Subdivisf on Mao Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8842 is the Final Map of the division of sand approved as shown on said Tentative Parcei Map; and NNEREAS, to meet the requirements established as orerequ;s ite to approval of the Final Map, said subdivider submits for approval said Final Mao offering for dedication for public use the streets delineated thereon. NON, THEREFORE, BE IT RESOLVED bV the City Council of the Citv of Rancho Cucamonga, California, as follows: • 1. That the offers for dedication and the Final Mao delineating same be approved and the pity Clerk is authorized to execute the certificate thereon behalf of said City; and 2, That said Parcel Mao No. 8842 be and the same is hereby approved and the City Engineer is authorizeG to present same to the County Recorder to be filed far record. 3/ CITY OF RANCHO CCCA~fOtiGA ~~cn.ko STAFF REPORT ~~ ~ ~9. • _~~' :. >r DATE: April 3, 1985 = ~ z + _ > T0: City Council and City Manager I ~Q'' i ,7 FROM: Lloyd B. Hubbs, City Engineed-!Y SUBJECT: Bond Releases and Notice of mpletion Tract 9540 - located on Turquoise Avenue at Jennet Street DEVELOPER: The Deer Creek Company P.0. Box 488 Rancho Cucamonga, CA 91701 Accept: Maintenance Guarantee Bnnd 52,100.00 Release: Faithful Performance Bond E21,000.00 • The road improvements for Tract 9540 have been constructed in accordance with the approved plans and it is recommended ±hat City Council accept said improvements, accept the one year Maintenance Guarantee Bond, authorize the City Engineer to file a Notice of Comoleti on, and authorize the City Clerk to release the Faithful Performance Bond in the amount of ~~ 521,000.00 Tracts Nos. 11173 & 11113-1 - located at the Northeast corner of Archibald and Victoria OEVELOPER: M,J. Brock & Sons 1698 Greenbriar Brea, California 92626 Accept: Maintenance Guarantee Bond (111131 $15,000,00 Maintenance Guarantee Bond (11173-1) E22,500.00 Release: Faithful Performance Bond (Both Tracts) 5155,000.00 The road improvements for Tracts Nos. 11113 and 11173-1 have been constructed in accordance with the approved plans and it is recommended that City Council accept said improvements, accent the Maintenance Guarantee Bonds, 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 E155,000,00 ~~ J Bond Vo. 81:,5-71-50 E%EC'JTEO 14 TRIPLICATE Premium: 575.00 MpINTENAMCE GUARANTEE BOND . NHEREAS, the City r^unr+i of the City of Rancho Cucamonga, State of Cal ifprnta, and M. J. mock 6 Sono, Inc, (hereinafter designated as "Pr incipa ave en ere into an agreement w ereby principal agrees to install and complete certain designated public improvements, which s aitl agreement, dated June 3 19 93 and identified as project Tract 11173 ovate ac c en rchibTd is hereby re err o an made apart ereo an NH ER EAS, said Dr incip al is re7ui red under the terms of said agreement to furnish a bond far the faithful performance of said agreement, Section 16, guaranteeing all improvements free of all defects for a Der sod of (1) one year after acceptance of _~n~^ets by the City. NON, THEREFORE, we the principal and Federal Insurance Cam n as surety, are held and firmly bound un o t e ty o ant a ucamonga (hereinafter called "City"}, in the penal Sum of FiECeen Thousand Ibilars Dollars (115,000.) lawful money of the United States, or c e paymen o w is sum well and truly to he made, we bind ourselves, our heirs, successors, executors and administrators, jp lolly and severally, firmly by these presents. The condition of this obligation is such that Sf the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions antl Orovis tans in the said agreement antl any alteration thereof made as therein specified, and Sn all respects according to their true intent and meaning, and shall indemnify and save harmless City, Its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, ;t shall be and remain to full force • and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all So be taxed as costs and included to any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements onto the work to be performed thereunder or the specifications accompanying the same shall in anywise effect its obligations on Chis bond, and tt does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specificaN ons. IN NITNESS NNEREOF, tots instrument has Deen duly executed by the principal and surety above named on _ Marco 14, l9 85 OEYELOPER SURETY M. J. Brock 6 $one, Inc, Federal Insurance tom en / ame i By: One Logan Square, Philadelphia, PA 19147 R-lerrence n ~dHress Senior Vice Preeidenc // AtcosneF-in-Fact M, B. Alitouche PLEASE IiTT11CH POYER OF ATTORNEY To ILLL BONGS SIBMTURES NIISi BE NOTRRTIED 33 Executed .n 'riptic ace 3Jnv 40. 81:5-,;-i3 premram: $117,LG MAINTEn/ViCE GUpAANTEE BOND MNEREnS, :ne C, ty Wwnl of the City pf Aancno Cucamonga. Sato of • ^. al ifvrnra, and M. J. Brock 6 Sons, Inc. ihe'e!na/ter desrgnated a5 "0^rnc :pa ^, nave enured rnty an agreement where by ur:nn pal agrees IJ 'ns[al! and complete certain designated public imp^vvements, wn :cn said agreement, dated April 2B. '9B3 and ident :fled 35 project Tract tli]J-I wcam-~ aL~4r~d'~FrchsSTd is hereby reL err ea :p an~'nade a part nereo anb MH EAEAS, said princrpal is ^eqa+reo under the :erns pf sd :d agreement W .,,,rich a vend Por the faith4al perf orrance Jf Said 3g re=men:, Sec:'.pn :fi, guaranteeing all inOrpvements free pf all defett5 Por a period pf ',1 on9 year after acceptance of worm drain by the Lity. NOM, THER EFOAE, We the pr ncrpal and Federal Insurance C.r.Danv ds surety, are held and firmly Opund unto [ne ~.!L~-i, ancno Lacamonga (nere:naf ter called "Litt"), in the penal sum of t.enc rwo chousa d ftve hundred Ovllars ',542,500) lawful money of the United States, ar the payment v an ~cn sum .cell and truly to be made, we bind ourselves, our heirs, successors, executors and admmistr3torz, ;o mtly and severally, firmly by those presents. She Condit on of th~s ;bligation is Such that if the abp'/e bontletl pfln<Ipol, h15 Jr iC2 nEiYS, ex2 CIl tOYS, admin l5Lr3Lpf 5, s:IC eE55J'S Jr 355:gp5, shall in ail things st ono Lo and abide by, and well and truly keep dnd perfpr,l the covenants, conditions and provisions in the sad agreement and any alteration thereof made as [herein sp ecilied, and in ail re ip ec [s accorJ+ng W their true rot en[ and mean ng, and shall indemnify and save Harmless Lity, its officers, agents and employees, as [herein atr pu'. aced, Coen Lhis obligation shall become null and void; o[herw ise, rt shall be and remain in Pc ll force and effec [. As a part of the obligation secured hereby and in addition to the face amount specrf led the re Por, there shall be rv c!xded costs dnd reaspnable expenses and fees, mcluoing re asanable aCWrney's fees, incurred by Lity in sacsessfally enf orn ng such obligation, all to be :axed as costs and mciud dp !n any • judgment rendered. T^e sare[y hereby stipulates and agrees that no change, extension of time, alterdn Jn or add rti0n to the Cerms Jf the agreements ortto the Bork tp b2 perfvrned Hereunder Or the spec rf rcat'~Jns ac cpmpdny mg the Same Shall in anysvrse effect rts ooligan ohs on tins pond, ono it dues hereby aa~ie nonce of any such change, extension of tine, alteration or addition tJ Ine terms Jf the agreement pr to the sort or to the sp_crf ications. iN MIiNEi9 MNEREOF, [his instrument has been duly executed Sy the princ!pal and surety above names un _ uarch 11, 19 95 DEVELOPFA SURETY 8..1. Brock 8 Sons, In<. Federal Insurance Gwpeny -~ ~ sine gy; One Logan Square, philadelbnia, pA 19117 a.rence m mess Senior vice President BY :.;"n ~r c'~c.i~i Attorney-in-Fact M. B. dli touche PLEASE ATTAON POKER OF ATTORNEY TO ALL BONOS SIGIUITURES MIST BE NOtARIZEO C 3Y RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Bax 807 Aancho Cucamonga, Cal :forma 91730 NHEN RECORDED MAIL T0: CITY CLERK CITY OF 0.ANCH0 CUCRMONGR P. 0. Box 807 Aancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned fs an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: TRACT 9540 2. The full name and address of the un derslgned owner is: CRY OF • RANCHO CUCAMONGA, 9320-C Base Line Road, D, 0. Box 807, Rancho Cucamonga, California 91730. 7 On the 3rd day of April, 1985, there was completed on the hereinafter described real property the work of improvement set forth in the contrati dpcuments for: TRACT 9540 4. The name of the original contractor *or the work of improvement as a whole was: THE DEEA CREEK COMPANY 5, The real property referred to here+n i5 Situated in the City pf Rancho Cucamonga, County of San Bernardino, California, and is described as follows: On Turquoise Avenue at Jennet Street CITY Of RANCHO CUCRMONGA, a municf pal corporation, Owner L ov Hu s, y ng neer 3s RESOLUTION N0. f~B4=B3-02R %_ ~/= • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCP.MONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9540 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 9540 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. NOW, THEREFORE, be it resolved, 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. • 36 RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Gox 807 Rancho Cucamonga, California 91730 NNEN RECORDED MAIL T0: CITY CLERK CITY OF RANCHO CUCPMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETrON NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an cwner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: TRACTS 11173 AND 11173-1 2. The full name and address of the undersigned owner is: CITY OF • 0.ANCH0 CUCAMONGA, 9320-C Base Line Road, P, 0, Sox 807, Rancho Cucamonga, falifornia 91730. 3, On the 3rd day of April, 1985, there was comp leted on the hereinafter described real property the work of improvement set forth in the COntr acf dpCnmepLS for: TRACTS 11173 AND 1117.3-1 4, The name of the original contractor for [he wore of improvement as a whole was: M, d. BAOCK 6 SONS 5, The real property referred to herein is situated ;n the City of Rancho Cucamonga, County of San Bernardino, California, and Is described as follows: Northeast corner of Archibald and Victoria CITY OF RANCHO CIICRMONGA, a municipal corporation, Owner L oy Hu s, ty ng neer 37 RESOLUTION N0. E94-63-03q ~.S" ~~=' A RESOLUTION OF THE CITY COUNCIL OF THE C]TY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACTS 11113 AND 11173-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETSON FOR THE WORK WHEREAS, the construction of public improvements for Tracts 11113 and 11173-1 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. NOW, THEREFORE, be it resolved, 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, • u 3A • ,_. `~u Hp STAFF REPORT ~,~~~;. s ~~~~, c~ = ti 19" DATE: April 3, 1985 TC: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cot a, Assistant Civil Engineer SUBJECT: Adoption of Policy Statement and Commitment For An Active Disadvantaged/Women Business Enterprises (DBf/WBE) Program • Federal regulations require recipients of Federal Highway Act (FHWA) funds to have an approved Disadvantaged/Women Business Enterprise (DBE/WBE) Program. Each local agency who administers FHWA projects must prepare a DBE/WBE Program for approval by the State of California, Department of Transportation (CalTrans). (Calirans has approved a preliminary draft of our City's DBE/WBE Proyram.) Annual overall goals for Disadvantaged 9usinessess (OBE) and Women- Owned Business (WBE) must be established, documented and updated annually. A DBE goal of 10% and WBE goal of 1% are the minimum to be used unless a waiver is requested. In conjunction with the Ctiy's proposed reconstruction of Archibald Avenue hetween Fourth Street and Base Line Road to be funded 6y FHWA, the Engineering Staff, therefore, has prepared for adoption a resolution establishing the City's Policy Statement and ComnS tment for an active DBW/WBE Program. RECD!lIENDATIDR It is recomnen ded that the City Council approve and adopt the attached Resolution establishing the Cf ty's Policy Statement and Commitment for an active Disadvantaged/Women Business Enterprise (DBE/WBE) Program. Respectfully su bmi ed, ~ r7 ~-~~~ A ~ ~ LBH;R jdd Attachments .?% • EXHIBIT •1• CITY OF RANCHO CUCAMDNBA DISADYANIA6ES BUSINESS PRO6RAN (DBE) AND MDMEN-DMNED BUSINESS ENTERPRISE (MBE) I. PDLICY STATEMENT It is the policy of the City of Rancho Cucamonga to utilize Disadvantaged Business Enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in the City's Disadvantaged Business Program which constitutes City polity and a commitment to substantially increase Disadvantaged Business and Woman-Owned Business Utilization. this policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation modal element, through CalTr an s. n LJ The City, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that disadvantaged business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the City and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that disadvantaged Gusiness enterprises have the maximum opportunity to compete for and perform contracts. JON D. MIKEL MAYOR -I- C~/O II. Disadvantaoed Business Enterprises (DBE) and Women-owned Business • Enterprise (WBE) liaison Officer Lloyd B. Hubbs, City Engineer, is the D/WBE Liaison Officer for the City and shall report to the Director of Comm nity Development. Mr. Hubbs, will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other D/WBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment A. III. Outies of the D/WBE Liaison Off iter The D/WBE Liaison Officer shall develop, manage and implement the D/WBE Program on a day-to-day basis. The Liaison Officer shall: * Develop and carry out technical assistance programs for 0/WBE's. * Arrange solicitations, time for the presentation of bids, • quantities, specifications, and delivery schedules, so as to facilitate the participation of D/WBE's. Where such changes are found necessary to increase D/WBE utilization, they will be made in consultation and cooperation with the functional unit involved. * Provide guidance to D/WBE's in overcoming barriers, such as inability to obtain bonding or financing. * Carry out information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. u _p_ Y/ • * Investigate the services offered by banks owned and controlled by Disadvantaged business a nd Women Business Enterprises. Ensure that, where feasible, the City utilizes said banks. * Utilize a listing of D/WBE's certified by CalTrans. Said listing to be made available to all bidders on City projects. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. • Approve any removal and/or substitution of a Disadvantaged or Women Business Enterprise during contract performance. Prior to approval of substitution and/or removal of D/WBE, prime • contractors will 6e required to prove performance of good faith efforts to repiace the o/W8E with another eligible D/WBE. * Est aDlish overall goals for both disadvantaged and woman-owned business enterprises. Goals shall be evaluated on Dct Ober 1, of each year and adjusted as necessary. * Establish individual project goals for disadvantaged and woman- owned business enterprises. All projects will be evaluated for the appropriateness of goals. * Maintain such documentation as is necessary to verify the City's performance of the above activities. 3- ya IV. Establishment of Overall D/WBE Goal The City will establish an overall goal for its use of D/WBE's. This • goal will be updated annually as of October 1 of each year. The City's overall goal and the methodology used to determine the goal for the fiscal year beginning October 1, 1984, is shown on Attachment 6. V. Contract Goals All projects receiving U.S. DOT funds will 6e evaluated for the appropriateness of D/WBE goals. Projects will be evaluated and goals established, utilizing the following criteria: * Size of project. * Opportunities for D/WBE's as subcontractors, vendors, suppliers. • * Oisad vantaged population of county in which work is to be performed. * Existing/D/WBE goals being utilized in the project area by other State, Federal or local jurisdictions. * Availability of D/WBE's. * Past experience on projects similar to the project being evaluated. * Such other factors as may effect the utilization of D/WBE's. • -4- S'3 • Each project will he evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. Contracts which do not contain specific goals will contain the following provision. 1. "Policy. It is policy of the City of Rancho Cucamonga that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have Lhe maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the D/WBE requirements of 49 CFR Part 23 apply to this agreement." • 2. "D/WBE Obligation. (i) The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Dart 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and theircontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts." -5- vY D/WBE use on projects without goals will be reported to the Liaison Officer and will he included in the City's reports to • C alTrans and to the appropriate DOT element. D/WBE use on such projects will be counted toward attainment of the overall goat. V L Public Notification At Lhe Lime of submittal of this program to the U.S. Department of Transportation, the City will publish a notice in both disadvantaged and majority local media. Said publication shall: * Announce the City's overall goals. * Inform the public that the goals and a description of how they were set, are available for public inspection for a period of 30 • days. * Inform the public that both D.S. DOT and the City will accept comments on the goals for 45 days from the date of the notice. * The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested disadvantaged and majority contractor orgainizations will receive direct mailings of this complete program with a request that they provide written comments to the City on this program. -6- • ys' • VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision which is attached hereto as Attachment "C". These procedures require bidders to submit the names of D/WBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each D/WBE subcontract. VIII. D/WBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible, These ads will include reference to D/WBE requirements and will indicate DBE and WBE goals set by the City. D/WBE assistance centers will receive notification of projects scheduled to be advertised. gssist ante Centers, Minority Business Development Centers • and Program Management Centers will receive complimentary plans and specifications for projects within their geographical area of responsibility. IX. Oisadvantaqes and Woman Owned Banks The City of Rancho Cucamonga will entourage all contractors to use the services of banks owned and controlled 6y minorities or women. This encouragement will be disseminated during pre-bid and pre-construction conferences (if scheduled) and the contract specifications. X. Selection Criteria for Contracts with D/WBE Goals Every contract containing D/WBE goals shall be evaluated by the D/WBE ,~ Liaison Officer to his/her designee to ascertain bidding contractor's -/- YG efforts to attain the D/WBE goals. The award of any project with D/WBE • goals must be concurred with by the D/WBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between the City's functional units concerning contractor's efforts to attain contract goals for D/WBE participation, the matter shall be referred to the Liaison Officer or his/her designee, for final determination. Competitors that fail to meet the D/W8E goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain D/WBE goals, pursuant to this policy, will he monitored on an ongoing basis by project personnel during the course of • construction. The D/W8E Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the D/WBE provision is questionable. The contractor shall submit a final report for each project with C/wBE goals which includes total payments to the prime contractor as well as payments the prime contractor has made to D/WBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify City personnel of any situation in which regularly scheduled progress payments are not made to • D/W8E subcontractors, vendors or suppliers. -8- Y7 XI. Set-Asides If determined necessary by the D/WBE Liaison Officer, the City, will consider the use of D/WBE set-asides as a tool to achieve the over alt City goal. XII. Count ina D/WBE Participants The City, its contractors, and subcontractors shall count D/WBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regui anon s. %I II. Records and Reports The D/WBE liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reDOrts shall include, as a mfnimum, the following information: * Awards to D/W8E's. * Awards to majority contractors. * Final project reports concerning 0/WBE utilization. * Such other data as is needed to fully evaluate the City's compliance with this program. -9- yR The D/WBE Liaison Officer shall submit reports to CalTrans and Lo U.S. • DOT elements as required. These reports will include: * Number and dollar value of contracts awarded. * Number and dollar value of contracts and subcontracts awarded to D/WB E's. * Oescript ion of general categories of contracts awarded to D/WB E's. * The percentage of the dollar value of all contracts awarded during the quarter which were awarded to D/W8 E's. * Indication as to the extent of which the percentage met or • exceeded the overall City goals. * Reports shall be broken down separately 6y ethnic grouping and sex. %IV. D/WBE Listing The City of Rancho Cucamonga will utilize a listing of firms certified by CalTr ans to be Disadvantaged Businesses in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23.51, 23,53, 23.55, and 23.81 of 49 CFR. This listing shall be made available to propsective contractors at no charge. -10- u y9 • Contractors will be permitted to rely upon the authenticity of firms listed in this Directory. %V. Complaints Any complaints received by Lhe City concerning this program will 6e investigated by the City. The City will endeavor to resolve said complaints within 90 days of receipt of the D/NBE Liaison Officer. The appropriate DOT element and CalTrans will 6e furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The DOT element and CalTrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. • Contractors will be directed to notify the City of any complaints they may receive concerning this program. -11- so ATTACHMENT "A" Organization Chart Duties CITY MANRGER I Insure that the D/WBE is implemented as adopted by the City Council. Mr. Lauren Wasserman COMMUNITY DEVELOPMENT DIRECTOR Mr. Jack Lam LIAISON OFFICER I Duties Der Section III of Policy Statement Mr. Lloyd B. Hubbs City Engineer PUBLIC WORKS ENG. SENIOR CIVIL ENG.* SENIOR CIVIL ENG.* SENIOR CIVIL ENG* TRAFFIC LAND DEVELOPMENT DESIGN Staff Delegation Staff Delegation Staff Delegation Staff Delegation * Duties to assist the Liaison Officer in insuring contractor compliance through receiving reports and taking interviews and making field observations and keeping records of contract acitivities. -12- • s/ • ATTACHMENT "8" The City of Rancho Cucamonga has set the following annual goals for participation in projects receiving U.S. DOT Funds by DBE and W8E contractors for the period of October 1, 1984 through September 30, 1985. DBE: 10%, WBE: 1%. Listed project for Fiscal Year 1984-85: AR CH IBALD AVENUE FEDERAL AID URBAN (FAU) Participation: Total Project Estimate: $1,020,064.00 10 percent Oisadv antaged Business Enterprise $ 102,006.40 1 percent Women-Owned Business Enterprise $ 10,200.64 • -13- ss ATTACHMENT C SPECIAL PROVISIONS 2-1.02 DISADVANTAGED BUSINESS. This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation By Minority Business Enterprise In Department of Transportation Programs." Portions of the Regulations, including portions of Subpart D which defines Disadvantaged business (OB) and includes other provisions implementing Section 105{f) of the 1982 Surface Transportation Act, are set forth in Section 6-1.04, of these special provisions, and the Reguiat ions in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business (DB) and Woman owned Business Enterprise (WBE) programs developed pursuant to the Regulations; particular attention is directed to the following matters: (a) A DB or WBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; (b} A DB or WBE may participate a5 a suhcontr actor, joint venture partner with a prime or subcontractor, or vendor of material or supplles; {c) A OB or WBE joint venture partner must be responsible for a clearly defined portibn of the work to be perfanned in addition to satisfying requirements for ownership and control. The OB or WBE joint venturer must submit either Schedule B of the Regulations or California Department of Transportation form CRSA, "information far Determinf ng Disadvantaged Business and Woman Owned Business Enterprise Joint Venture Eligibility"; (d) A OB or WBE must perform a commercially useful function, i. e., must be res pons ih le for the execution of a distinct element of the work and must carry out its resDOnsibility by actually performing, managing and supervising the work; (e) Credit for a DB or WBE vendor of materials or supplies is limited to 20 percent of the amount to he paid to the vendor for the material unless the vendor man of acture5 or substantially alters the goods; (f) Credit for trucking by D85 and WBES will be the amount to be paid when the DB or WBE trucker will perform the trucking with his/her own trucks, tractors and employees or when a DB or WBE trucking broker has signed agreements with OB or WBE truckers assuring that the trucking will be performed 6y 08 and WBE truckers, respectively. Credit for trucking 6y DBS and WBEs will be limited to 20 percent of the amount paid in all other cases. {g) A OB or WBE must he a certified OB or WBE on the date bids for the project are opened before Credit may be allowed toward the DB or WBE goal. The Department's D8 and WBE Directory identifies 08s and WBES which have been certified, Others may also qualify for certification but must be certified before bid opening. The DB and WBE directory may be obtained. -14- r3 (h) Noncompliance by the Contractor with the requirements of the • regulations constitutes a breach of this contract and may result in termination of the contract or other aDDropriate remedy for such breach. (i) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 OB and WBE GOALS FOR THIS PROJECT. The City has established the following goals for disadvantaged businesses (DB) participation and for woman owned business enterprises (WBE) participation for this project: Disadvantaged business (DB) percent Woman owned business enterprises (WBE) _ percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DB and WBE subcontractors and suppliers, so as to assure meeting the goals for OB and WBE participation. SECTION 3. SUBMISSION DF DB AND 16E INFORMATION, AWIRO, AND E%ECUfION OF CONTRACT 3-1.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning suhmittal of OB and WBE information, award, and execution of contract. !t is the bidder's res ponsihility to meet the goals for DB and WBE • participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so, as outlined in Appendix A "Guidance Concerning Good Faith Efforts" set forth in Section 6-1.04, "Participation by Minority Business Enterprises in Suhcontracting," elsewhere in these special provisions. It is agreed that the bidder's security furnished under the Drovisions of Section 2-1.07, "Proposal Guaranty," of the Standard Specifications shall also be security for the bidder's compliance with the DB and WBE information requirements in Section 3-1.OlA, "OB and WBE information," herein. It is further agreed that if the bidder fails to submit the required 08 and WBE information by the times specified in said Section 3-1.O1A, such failure shall be deemed to be a failure to execute the contract and shall 6e just cu ase for the forfeiture of the security of the bidder. 3-1.OIA DB and WBE INFORMATION. The apparent sucr,essf ul bidder (low bidder (low bidder) and the second low bidder shall submit DB and WBE information to the office at which bids were received no later that following bid opening. Other bidders need not submit D8 and WBE information unless requested to do so by the Department. When such request is made, the DD and WBE informat ton of such bidder shall be submitted within 5 days, unless a later time is authorized by the Department. The bidders DB and WBE information shall esta611sh that the D8 and WBE goals will be met or that a good faith effort to meed the goals has been made. f~I -15- sy • Bidders are cautioned that even though their submittal indicates they will meet the stated DB and W8E goals, their submittal should also include their good faith efforts information along with their DB and WBE goal information to protect their eligibility for award of the contract in the event the Department, in its review, finds that the goal has not been met. The information to show that the DB and WBE goals will be met shall include the names of D8s and WBEs to be used with a complete description of work or supplies to be provided by each and the dollar value of each such DB and WBE transaction. (Note: 06 and WBE subcontractors for signal and lighting items, if there are such items of work, must have been named in the bid - See section entitled "Subcontracting" of these special provisions). The information necessary to establish the bidder's good faith efforts to meet the 08 and WBE goals should include: (1) The names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for OB and WBE participation for this project was placed by the bidder; (2) The names and dates of notices of all certified DBs and WBEs solicited by direct mail for this project and the dates and methods used for fallowing up initial solicitations to determine with certainty whether the DBS or WBEs were interested. • (3) The items of work for which the bidder requested subbids or materials to be supplied by DBs and WBEs, the information furnished interested DBs and WBEs, the plans, specifications and requirements for the work, and any break down of items of work into economically feasible units to facilitate DB or WBE participation. where there are OBs or WBEs available for doing portions of work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work avail axle for DBs or WBEs to bid on. (4) The names of DBs and WBEs who submitted bids far any of the work indicated in (3) above which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason far rejecting a OB or WBE bid was price, give the price bid by subcontractor or supplier. Since the utilization of available OB's & WBEs is expected, only significant price differences will be considered as cause far rejecting such DB or WBE bids. (5) Assistance that the bidder has extended to DBs and WBEs identified in (4) above to remedy the deficiency in their Bubb ids. (6) Any additional data to support a demonstration of good faith effort, such as contacts with DB and WBE assistance agencies. 3-1.018 AWARD OF CONTRACT. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goals for OB and WBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goals for DB and WBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for heing eligible for award~of contract. -16- d RESOLUTION N0. f04-B'3=04R Ds -%' 7 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A POLICY STATEMENT AND COMMITMENT FOR RN ACTIVE DISADVANTAGED/WOMEN BUSINESS ENTERI SES (DBE/WBE) PROGRAM WHEREAS, Federal regulations require recipients of Federal Highway Act (HFWA) funds to have an approved Disadvantaged/Women Business Enterprise (DBE/WBE) Program; and WHEREAS, each local agency who administers FHWA projects must prepare a OBE/WBE Program for approval by the State of Calfforn is/Department of Transportation (CalTrans); and WHEREAS, annual overall goals for Disadvantaged Businesses (OBE) and Women-Owned Businesses must be est ab175hed, documented and updated annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1: It is hereby found and determined pursuant to Code of Federal Regu~at ions 49 CRF, Part 23 and the definitions contained therein that the City adopt the Policy Statement and Commitment for an active Disadvantaged/Women Business Enterprise (DBE/NBE) Program as set forth in • Exhibit "i" attached hereto and made a part of this Resolution. SECTION 2: This Resolution shall suoercede Resolution No 81-i39 which est a-b~T"sTd a Minority Business Enterprise Policy and Program. SECTION 3: The City Clerk is hereby directed to mail a copy hereof and a copy ~-Exhibit "1" to the State of California, Department of Transportation, District OB for approval; said approval shall make effective and allow implementatipn of the City of Rancho Cucamonga's Disadvantaged/Women Business Enterprise (DOW/WBE) Program. PASSED, APPROVED, and ADOPTED this 20th Aay of March, 1985. AYES: NOES: ABSENT: on Mi a s, ayor ATTEST: every A. Authe et, ity C er ,~aa SG • .,..MEMORANDUM,v~~ ~ ~`_.~~~~`~ Y ~~~ - ~ F F~ Z D ~~r DarE: aa-ls-es-3l-es -0: city Co,ancil FRt7m: narrv crnoev. F:nar,ce Directo- L SL~5JECT: Int erf~., r,d 7rarsfer -ne City has beer, collect ir,d a fee for bar rcade service to orner '.neat adenci es in the Cr_~mm~.irnty. as a res,.iit er,o4,cn money has accunr~i. at e^ ir, to is Dart rc~ilar acrount to ai low fir the d!ircnase of a very nu.,ch neeced niece of clean lnd edutdment. :. e. darw restrorrcns. Tnerefore it is r•ecJrnmer,ded that 33. c70. 31, de transferr¢a from account 75-876-445 tTr4i5t) to the :r,tero-=rvernrnent a: Service Fund where ma ror eon-~iornerrt d~.u•cnases are ruade. for the d~.ira~ses of d,av irm a Landa ^ortad:e steam clear,ir,d ~a r,i t. (Pict,are and sdecs attached), finis ea~.u oment wiii o dv rorisiv soeed ~.m the time tawen to clean various darw t ac t: it ies and all_~w for more eff is Went ~.ise of fader. R~COMInENDR'f ION: a~.rthor: ze the transfer of f,,inds as stated, a r,d o~.,rcn ase .:f the at *.ache0 niece of steam ciearn nd ed~.uo- mer,t. s7 -LANDA • Specifications PHW2.500 PORTABLE HOT WATER ! PHwz-i i o0 PRESSURE WASHERS P"~-~io AND STEAM CLEANER '~ PHW4-1200 i PHW4-2000 Oil Firer - E~ectnc Drwen 'PHW4-3000 PHW6-1500 PSC 3-300 Clean up fast W~tn LANDA HOT WATER PRESSURE WASHERS r~ i~ H Q E = m ~~~ N a ~5~ a m 3. z W= S Q~: a =~. Q3x m~ a~E ¢=s uo W -, o 0 a=F '" am F f~ P~ O C -y17 03 '~Y~OSm `~i~ ~ Z~na ~j _`' p0 °nO Yo Q c~o$r~ „pEp~ ~~WVS • ~ ~ • 1 y ~~~~ I ~ g~~ i ~g;~ ma;6 "S a ~•, ~ a°ze ~L2i Y@~ €E6 L}Y ~3? ~fn~ ?;•2 i_=~ 3`p a•c~ €~" °~~= ~slF°~ ~~~. g~~~o a~;~fff. i~E~, °-x o°~EL ~.'3~3 ~ ~; S fr #~ i ijjd n 3 i a s ~:: `~} y~ ~ iE S_ f~ y' CB¢ i a Sa d ZL ai {F Z rt ~ °i a ;1 3 ei Es i Bj sa .E ~~j~ps f'P3 i ~ az: i i~ ii}~_, ~i o .. S9 Y7 a'so ~Q_ ,,: °, =`~q~g• h i'.P ~siS~~° v=i ;~a6a~ .{Ei4~ W €sx `s±~ ~ ~~i~ss~~ N y5°-p w ?~5>~;~ g X~f~~dy~ Z m F`i<f Q W x f 2 Q r • • z8 Specifications MODEL PNW2~50D PNW2~1100 PNW3~)10 PNWV-1260 PHNl~160p PNMI4200O PMWLJ000 PSL']-300 'CHARGE LAPAGItt GPM. ATING PRESSURE P,G.I, ATING TEMPERATURE•• ) 500 100• 32 1000 }p0• 3 )00 200' l 1300 200' 5.5 1500 }00• a 2000 200• A ]000 200' }5 300 3t 5' v. PER HOUR 280.000 235.000 380.000 Q0.000 180.000 620,000 •}0.000 40.000 BURNER qi Furd. Amorruw LNM FUEL TvRE Krrwmr. Snvr Oe. Onwl FVEL CONSUMPTION GPN 150 120 150 325 3,0 }}5 2.}5 })5 fUEL TANK GPACItt ___ Ga 91 II 11 _ n n rl n _ II BURNER MOTOR H P % % K % % 4 4 4 Vw 115 115 n5 230 2IO 2]0 }30 115 H e0 80 00 e0 00 80 80 80 1 I 1 I t t t IGNmON TnnFMmw COIL 105'W%'ScnW Pqr K"SCn80 Pw %'SCMOP PV MP WPMF r., qurlwr W p4a PUMP MOTOR RP IN I% I% J 5 5 )% 1 VM RO 120 120 AB.wC• A9.wL• A9.wC• BwC• 120 H eo eo eo eo eo eo eo eo I I 1 AB.w0• AB,wC• AB.wC• A9.wC• r lal4mwnge '9 }0 20 d'99~]eC'S 9059'i5:99 a1C59"5.95 r9Pe9l'e':"5 •5 PAINT >oburelnan< 13 wr4 N6SE 50 r %L0. Win BnM 50' Bwm N GUN Own i L i f Vananle P.eaure Wane Own NOIILES 35' Fwrlq 0', t5'. 25•.W enrm PIIESWRE CONTROL Vananle Pressure WDPO NA CNEMIGL CONTgpL Prwnron Mrw VFM WHEELS Sem, Pne tOK E00 Wler SSAwA Pwumns LENGTH A6" a8" Ae" NB" Ae" Ae' .9' r0' WIDTH NT WEIGHT IM 30" ]e" 3a0 JO" )e" J50 30" 3e" J50 30' le" 320 30" ]e" 380 30" 3e" 3B0 JO' JD" J95 JO 3e' la0 A~3)OV tPnwr. e~2JOV.JPnrw.GleGV.3 RVw '•vrwA wrtn~womrrpvmm nmwmurA 2=AIAP mertla SnuPORGun Cwwl GS.A Landa Chemicals Are Fantastic Quality Formulations for Hundreds of Applications IANDAI ~A'~u mmOngmp,...'m ^agASb;radars n•mkcleamng e¢ IANDA2,- rnr,n.a ~: ^,'m aNmmum PAINT PREP~Er:ei4m•m.emrn~g P+~.d¢ed Paml do moss mndew DVNA~MIGNT ~ canrasuc ceaner degreaser a Ws/im LAND4 99 ~ Medmm o-cn cream cieme• mnemvate TRUCK NEW ~ 5uwr al4aene rmU wain STFAM DRAGON verve dmv steam r.'.eaner STFAM WHIZ ~ L~gnr dum cream cleaner F ~ Z CLEAN Concmnamd '~usmd gen<ni Purmse cleaner TRANS WASH ~ ai PmPOSr a nod •~~.CS wnsn CEMENT KLEEN E. re~iem :~eane•'nr ae :Pncera s.r•aces WHITE AS NE W ~ W nnc nau ~nr :harp METAL KLEEN UsM !P Pr..'ean ann PnnsOnar.tr m••ai Pars BEST VISION ~ H~gnn ~:nncer•aren gass ~ ieanr• EMULSIFlEq - Lgwd soroem •or ciean~nq neavev soeed areas DISSOLVE ~ Far remn.ai or Carton sWrlge q.aase ann win'. E ~ Z FLOW ~ For eesca~mg ann evoeumg •me or mmerai euuo-uP /ir •~.~ OISTNIBUTEU BY: RAN[( 3S96.s~/ ~_ Nw 9eU01 Prmnd In U.sA M 4MA IrK.. PmNrM OR CITY OF RANCHO CtiCAMONGA STAFF REPORT n u • DATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd 0. Hubbs, City Engineer SUBJECT: Day Creek Design Development Agreement ~~c~a.tlpl, ~, , ~ x~;,~\~ IV" ~ Attached for Council approval and execution is the Des iqn Development Agreement with Willdan Associates for the Da.y Creek Pro iect. This is a follow-up item to our recent Council meeting on Day Creek. This agreement will complete the basic design parameters for the total project. The product proposed will establish all relevant criteria to complete the final design plans and specifications. This agreement will be followed within a month by subsequent contracts with Willdan Associates and Boyle-Ludwig to complete final design of the project. The current contract is a fixed-fee contract fnr 3546,700.00 with a contingency of 365,000.00. Subsequent contracts will likely repuire an additional E1,000,000.00. RECOMAENUATIgI Staff recommends approval of the agreement with Willdan Associates to complete the design development for the Day Creek Channel, basins and debris basin ;n the amount of 3546,700 plus a 365,000 contingency, Funds are to be drawn from the Regional Facilities fund of the Redevelopment Agencv; also authorize the Mayor and City Clerk to sign on the Council's behalf, Respectfully submi /i V ' LBH:' Attachments G/ AGREEMENT FOR CONSULTANT SERVICES • THIS AGREEMENT, made and entered into this 3rd day of April, 1985, 6etWeen the CITY OF RANCHO CUCAMONGA, a municipal corpo- ration, hereinafter referred to as City, and WILLDAN ASSOCIATES, a California corporation, hereinafter referred to as Consultant WITNESSETH: WHEREAS, City desires to prepare final design development for the Day Creek improvement project, hereinafter referred to as Project; and WHEREAS, Consultant has the necessary skills and qualifications and licenses required by law to perform any services requmed under this Agreement in Connection with said Project; and WHEREAS, City desires to retain Consultant for services hereinaf- ter described in connection With said Project; and WHEREAS, the City Council at a regular meeting held on the 3rd day of April, 1985 authorized the Mayor and the City Clerk to enter into this Agreement. • that: NOW, THEREFORE, it is hereby agreed by and between the parties DEFINITIONS. As used in this Agreement, the following definitions shall be applicable a. Consultant: Consultant shall mean Willdan Associ- ates, a California corporation, located at 290 South Anaheim Boulevard, Suite 100, Anaheim, California 92805. b. City: City shall mean the City of Rancho Cucamon- ga, a municipal corporation, located at 9320 Baseline Road, Suite C, Rancho Cucamonga, California 91730. c. City Council: City Council shall mean the City Council of the City of Rancho Cucamonga. d. Services: Services shall mean the services to be performed by Consultant pursuant to this Agreement. A-1 61 e. Satisfactory: Satisfactory shall mean satisfactory to the City Engineer of the City of Rancho Cucamonga. f. County: County shall mean the San Bernardino • County Flood Control District. g. Project Manager: Project Manager shall mean Ruben V. Montes, Public Works Engineer IV, or an alternate assigned by the County. SCOPE OF SERVICES Consultant agrees to perform for and furnish to City the services described in Exhibit A, Scope of Services, attached hereto. The Scope of Services as presented in Exhibit A covers full design development of the Day Creek Channel system from Wineville Basin northerly approximately ten (70) miles to the Day Creek debris dam. It is contemplated that final design plans, specifications, and estimates will be completed under separate contract for various reaches of the channel and appurtenant facilities. TIME FOR PERFORMANCE. Consultant agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement • and that said services shall be ccmpletad within one hundred fifty (150) calendar days after execution of ':his Agreement in accordance with the p rolect scheduled attached hereto as Exhibit B. If a delay beyond the control of Consultant is encountered, a time extension may be mutually agreed upon in writing by City and Consultant. Consultant shall present documentation satisfactory to City fo substantiate any request for a time exten soon. PAYMENT. Notwithstanding any other provisions of this Agreertw nt, as the authorized services described in the scope of services, Exhibit A at- tached, are completed, Consultant shall be compensated in accordance with the payment schedule attached hereto as Exhibit C but shall not ex- ceed a total amount of f546,700 with an additional f65,000 designated as contingency which may be used with written authorization of the City En- gineer. In the event of authorization, in writing, by City of changes from the work as indicated in Exhibit A or for other written per- mission authorizing additional work not contemplated herein, additional • A-2 L3 compensation shall be allowed for such extra work based upon the au- thorized payment schedule for Consultant's additional work. • Consultant shall submit invoices showing the percent com- plete for the various tasks involved to the Project Manager for review. Consultant agrees to invoice City for services rendered not more often than once a month. Payment shall be made within thirty (30) calendar days following approval of an invoice by City. Work performed at the request of City odtside the limit specified in this Agreement is to be des- ignated as extra work on monthly invoices. Work performed in connection with an authorized written change order will be so designated on said in- voice. Payment shall be based on the percent of completion of each task outlined in Exhibit C, Payment Schedule. Determination of percent completed shall be the sole judgment of City in consultation with the Proj- ect Manager and Consultant. Consultant agrees that in no event shall City be required to pay to Consultant any sum in excess of ninety-five (95) percent of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical dxuments as de- scribed herein acceptable in form and content to City. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by City. • 5. CITY SUPPORT. City shall provide the services of the Project Manager to act as the primary focal point for all communications between City, the County, and Consultant. The Prolect Manager shall be given fully au- thority to act on behalf of City in the review and approval of project de- sign and coordination efforts, In addition, City shall use its best efforts to provide to Consultant the following items of support: a. Provide Consultant with up-to-date information as it becomes available which may have an effect on the services being per- formed by Consultant for the Project. b. Make available to Consultant reports and other data relevant to design and construction of the Project previously prepared by or for the County. c. Assist in obtaining access to and make provisions for Consultant to enter upon public and private lands as required in the per- formance of Consultant's work under this Agrwmont. d. Examine all studios, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by A-3 ~y Consultant and render necessary decisions pertaining thereto within a reasonable time so as to not delay the work of Consultant. e. Give prompt written notice to Consultant whenever • City observes or otherwise becomes aware of any defect in the Project. f. Obtain, with Consultant's assistance, approval of all governmental authorities having jurisdi[tion over the Project and such ap- provals and consents from such other individuals or bodies as may 6e necessary for completion of the Protect. 6. OWNERSHIP OF DOCUMENTS All documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Consultant pursuant to this Agreement shall be considered the property of City; and upon pay- ment for services performed by Consultant, such documents and other identified materials shall be delivered to City by Consultant. Such ma- terials are instruments of services relative to the scope of this Agree- ment. The plans or des~g ns developed by Consultant under this Agree- ment are not authorized for reuse at locations other than originally in- tended. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 7. TERMINATION This Agreement may be terminated by City upon the giving • of a written notice of termination to Consultant at least fifteen (75) days prior to the date of termination specified in said notice. In the event this Agreement is so terminated, Consultant shall be compensated on a prorated basis with respect to the percentage of tasks, outlined in Exhib- it C, completed as o4 the date of termination. In no event, however, shall Consultant receive more than the maximum specified in Paragraph 4 above. Consultant shall provide to City any and all documents, data, studies, surveys, drawings, maps, models, photographs, and reports whether in draft or final form prepared by Consultant as of the date of termination. Consultant may not terminate this Agreement except for cause. NOTICES AND DESIGNATED REPRESENTATIVES. Any and all notices, demands, invoices, and written commu- nications between the parties hereto shall be addressed as set forth in this Paragraph 8. The below-named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: A-4 GS Robert Merrell, Project Manager, Wilidan Associates, 290 South Anaheim Boulevard, Suite 100, Anaheim, California, 32805. • Ruben V. Montes, Project Manager. San Bernardino County flood Control District, 825 East Third Street, San Bernardino, California 92415-0835. Any such notices, demands, invoices, and written commu- nications by mail shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid, and properly addressed as set forth above. 9. INSURANCE. Consultant shall neither commence work under this Agree- ment until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall Consultant allow any subcon- tractor to commence work on a subcontract until all insurance required o1 the subcontractor has been obtained. Consultant shall secure and main- tain at all times throughout the term of the Agreement the following pol- icies of insurance: a. Worker's Compensation Insurance: Before beginning work, Consultant shall furnish to City a certificate of insurance as proof that it has taken out full worker's compensation insurance for all persons • whom it may employ directly or through subcontractors in carrying out the work specified herein in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 37C0, every employer shall secure The payment of compen- sation to his employees. Consultant prior to commencing work shall sign and file with City a certification as follows: "I am aware of the provisions of Section 3700 of the labor Code which require every employer to 6e insured against liability for workers compensation or to undertake self insurance in ac- cordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work of this Agree- ment." b. Automobile Liability Insurance: Throughout the term of this Agreement at Consultant's sole cost and expense Consultant shall keep or cause to be kept in full force and effect for the mutual benefit of City and Consultant comprehensive automobile liability insurance providing protection of at least Two Million Dollars (52,000,000) far bodily injury or death to any one person or for any one accident or occurrence and at least Two Million Dollars (E2, 000,000) for property damage. .~ A-5 io b c. Comprehensive General Liability Insurance: Throughout the term of this Agreement at Consultant's sole cost and ex- pense Consultant shall keep or cause to be kept in full force and effect • for the mutual benefit of City and Consultant comprehensive, broad-form general public liability insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing protection of at least Two Million Dollars (E2, W0, 000) annual aggregate limits for property damage or for bodily injury or death to any one person or for any one accident or occurrence. d. Errors and Omissions: Consultant shall secure and maintain at all times during the life of this Agreement a policy or policies of insurance concerning errors and omissions (malpractice) providing pro- tection of at least Three Million Dollars (E3, 000, 000) in the annual aggre- gate for errors and omissions (malpractice) with respect to loss arising from negligent actions of Consultant performing services hereunder on be- half of City and the County. e. General Insurance Requirements: All insurance re- quired by express provision of this Agreement shall be carried only in responsible msu rance companies licensed to do business in the State of California and, with the exception of the errors and omissions insurance, shall name as additional insureds City and the County and their elected officials, officers, employees, agents. Alf such policies shall contain language to the extent obtainable to the effect that: 1. the insurer waives the right of subrogation • against City and the County and their respective elected officials, offi- cers, employees, agents, and representatives; 2. the policies are primary and noncontributing with any insurance that may be carried by City and the County; and 3. the policies cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to City by certified mail. Consultant shall furnish City with copies of all such policies promptly upon receipt of them or certificate evidencing the insur- ance. Consultant may effect for its own account insurance not required under this Agreement. • A-6 G7 NDEMNIFICATION. sultant shall defend, indemnify. and save harmless City c~ and their elected/appointed officials, officers, agents, from all liability from loss, damage or injury to persons or ding the payment by Consultant of any and all legal costs fees in any manner arising out of or incidental to the per- onsultant o4 thls Agreement including, but not limited to, :iai damages So the maximum extent permitted by law. ASSIGNMENT. No assignment of this Agreement or of any part or performance hereunder shall be made, either in whole or in asultant without the prior written consent of City. INDEPENDENT CONTRACTOR. The parties hereto agree that Consultant and its employees, rid agents are independent contractors under this Agreement of be construed for any purpose to be employees of City. ESTIMATES. rice Consultant has no control over the cast of labor and r ~ competitive bidding and market conditions, the estmates do cost provided for herein are to be made on the basis of "s experience and qualifications, but Consultant does not guar- accuracy of such estimates as compared to the contractor's bids ecfs constructwn cost. GOVERNING LAW, This Agreement shoji be governed 6y and construed ~n ac- rth the laws of the State of California. ATTORNEYS FEES. In the event any legal proceeding is insti(uted to enforce or provision of the Agreement, the prevailing Darty in said legal 3 shall he entitled to recover attorney"s fees and costs from the party m an amount determined by the Court to be reasonable. ENTIRE AGREEMENT. This Agreement supercedes any and all other agreements, d or m writing, between the parties with respect to the subjact rain. Each party to this Agreement acknowledges that no rap- ~n any party wh¢h is not embodied herein nor any other a.•7 i GP agreement, statement, or promise not contained in this Agreement shall 6e valid and binding. Any modification of this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed the day and year first above written. CITY OF RANCHO CUCAMONGA Jon D. Mikels Mayor ATTEST: By: Beverly A. Authelet City Clerk WILLDAN ASSOCIATES G ~?~ an W. Heil President APPROVE§~ A TO FORM / k-~~City Attorney A-B 69 n U • • ~J EYH IBIT A SCOPE OF SERVICES INTRODUCTION The following Scope of Services deals with the Anal design Cevelopment for Day Creek Channel extending from the inlet to the Wineville Basin northerly to a debris dam located at the mouth of Day Canyon in the foothills of the San Gabriel Mountains. M1lalor components to the channel system include approximately 10 miles of channel, a total of 14 channel crossings of railroad and roadways, potential turnout facilities into the Day Creek Basin, the debrs dam, and spillway. In addiUOn, alternatives analysis shall consider proposed work in the Day Creek spreading grounds which are currently under planning phases. It is the purpose of the design development phase to provide suff icieof alternatives analysis, detailed hydraulic and hydrological calculatwns, and geotech nical exploration to determine the final size and design configura- tion of each of the prolect elements. The design development program will provide the base topographical plan sheets of all prolect elements at the app rop Hate scale for incorporation as • final construction plans. The final con si~•ucfion plans will be completed under separate agreement. The design development program is more spe- cifically descnbed in the following Scope of Services. Section I - General Coordination and Prolect Administration A. The Consultan£s Project Manager will attend meetings as frequent- ly as necessary to maintain progress on the preliminary designs. It is envisioned that many meetings will be regwred with other agenues, land owners, the Crty, the County, va opus consultants, and possibly others to effectively maintain coordination on the prolect. B. It is envisioned that, in addition to routine meetings with the City and County, work shops or design seminars will be desirable to fully assess the results of the various studies, especially with re- gard to the dam siting and its design parameters, drainage bound- ary and hydrology alternatives analysis, hydraulic design eval- uations, debris production analysis, and assessment of the overall results of the design development phase. Toward this end, we anticipate two formal seminars to include the County, prolect staff. and a technical advisory board composed of Or. M. Gamal Mostafa, hydraulics and sedimentation analysis; George Osborne, farmer Di- rector of the Orange County Plood Control District; Stanley ~o Gizienski, Sr. Consulting Principal of Woodward-Clyde Consultants; and Gary P. Dysart and Robert Merrell of Willdan Assonates. The • technical advisory team will review the mayor design aspects of the p ro)ect and provide directwn. C. Perform needed coordination and meet the requirements of the Di- vision of Dams and the Bureau of Reclamation. Section II - Hydrology and Alternatives Analysis A. Task 1 - Data Collection and Review We will assemble the various studies, reports, plans, maps, and other record documentation required for the design de- velopment. Where data is available at the Cify or County, we will assist the staff members in assembling the data if requested. 2. The assembled record data will be reviewed in detail and compiled in a format where access for reference is readily available. B. Task ? - HYdrology Criteria The following steps will be completed to establish the hydrologic parameters; Stream gage analysis for mountain streams far 100-year fre- quency runoff values to Day Creek Dam. 2. Review of local rainfall 100-year frequency point values for use with the Day Creek hydrology. 3. Review o4 local stream gage and unit hvdrograph develop- ment for developed conditions and native loss rates and AMC conditions. 4. Time o4 concentration calculations for subarea basin lag fac- tors (San Bernardino County Hydrological Manual tech- niques). 5. Development of subarea t~me•area curves for evaluatwn of unit hydrographs. 6. Use HEC optimisation of stream gage data far local Condi- tion. C~ 2 7~ C. Task 3 -Debris ProducUOn Analvvs • The Consultant shall conduct a detailed analysis of the debris pro- duction characteristics of the Day Creek watershed to verify or revise the 100,000 cubic yard per square mile estimate utilized in planning studies. The results of this analysis shall be presented m a report for review and approval of the County and the techni- cal advisory board. Finai debris producLOn rates shall be integrated into the hydrolog- ical alternatives analysis and provide parameters for the final de- bris dam basin design. D. Task 4 -Drainage Sou ndary Alternatives Analysis and OptimizaYon Study Consultant shall utilize the existing hydrological models to evaluate the general finanaal impact of potential drainage boundary modr fications to the Day Creek protect and the overall Day, Etiwanda, San Sevame systems. Three alternatwe boundaries will be mod- eled. 1. The existing Day Creek watershed as set forth in the Day, Etiwanda, San Sevane drainage plan prepared by Bill • Mann. ?. The ex reting Day Creek drainage boundary as described in D1 above with the assumed diversion of Areas 4 and 5 into Day Creek. These areas are idenL Red in the Etiwanda Ar- ea Drainage Plan prepared by Williamson L Schmid, 3. Assuming diversion of the Etiwanda Creek drainage area to Day Creek running adtacent to the Devore Freeway (Inter- state 15) to a confluence with Day Creek at Arrow Route. Each altern atrve should include analysis of the use of available Re- tention facilities to optimize channel sizing and cost effectiveness. Impacts on area drainage plan costs and overall Day, Etiwanda, San Sevame Creeks costs from the Santa Ana River to the upper watersheds shall be assessed. The results of the alternatives analysis and cost evaluation shall be presented in a written report to the Gty, County, and the technical advisory board for review and recommendation of final drainage boundary connguraUOn. E. Task 5 - Finahzabon of Protect Hyd roloay *~ eased on the recommendatOn of the City and the technical adviso- ry board, a final drainage boundary shall be obtained from the 3 7~ County Flood Control District to provide the basis for final channel deslgn. • Depending upon the option selected, completion of additional studies may be required prior fo completing the final hyorology. This Item has been included as a contingency item. In completing final deslgn hydrology, it shall be the responsibility of the City to provide consultant with design flows and locations for all side drains connecting the Master Plan of Stcrm Drains to the Day Creek Channel within Rancho Cucamonga. Side drain pa- rameters within the City of Ontario shall be the responsibility of the Consultant. Prior to preparation of detailed hvd raulit design, Consultant shall present and obtain approval of final hydrology from the City and County. Section III -Channel Hydraulic Analysis A. Following a preliminary decision as to the watershed boundaries. preliminary hydraulic calculations will be prepared to set the pre- liminary channel sections. These calculations will be conducted using information developed from the venous associated studies and revised to optimize the total system as warranted. • ©. Once the final watershed bounds nes have been set, the hydraulic calculations and channel sections will be refined with specific defy nrtron given to the side weir hydraulics and lateral inlets. C. The hydraulic calculations associated with the dam will be finalized including the spillway and outlet channel, These calculations will be Dosed on the design hydrology speafied by the Division of Dams. Physical modeling of the spillway is not envisioned as long as the dam and spillway configuration remain similar to the Deer Creek Dam recently completed by the U. S. Army Corps of Engi- neers. D. In order to reduce the adverse flow effects associated with ob- structions or abrupt setfian changes, the channel stree4 crossings will be designed as clear-span crossings where possible. Mitigat- ing measures will be incorporated into the channel design to ad- dress the high flow velouties. E. Preliminary plans shall not proceed until hydraulic calculations have been reviewed and approved by the County Flood Control District for the channel and from the State Division of Dams for the dam spillway. The Consultant shall assist in coardinaUOn of • hydraulic review with the Bureau of Reclamation as requmed. 4 73 Section IV - SurveYing and Contour Mappmg • A. Consultant shall establish ground control for the aerial mapping to be prepared for the channel protects based on the San Bernardino County datum. The calculated horizontal and vertical control coor- dinates will be established and furnished to the mapping subcon- tractor. B. Contour mapping will be prepared at 40-scale with 1-foot contour intervals fer use as the base image on the design development and final design plan and profile sheets. The limits of the initial map- ping wi!I be from Wineville Basin fo approximately 300 feet north of Highland Avenue and to a width of at least ?50 feet centered on the existing County right-of-way. Above the northerly limits of the initial mapping, Consultant will utilize existing ?00-scale Con- tour maps available at the County for the first stage of the design develop;nent phase and will compile 30-scale mapping for the latter stage. C. The ground control for the aerials and all subsequent ground sur- veys will be tied into section mon umenis and existing flood control monuments m the area. D. Provide ground surveys required to supplement aerial mapping to • provide cuff icienf detail for the design development phase and pre- liminary design of the channel protect including existing improve- ments, physical controls, ezisUng and proposed roadway profiles, and public property Ime identifications. Section V - Utdrty InvestigaUOn A. Consultant shall contact the various utility owners who are known to have faalities m the area with a preliminary sketch showing the scope of the proposed protect, The contact will include a request that they furnish any record maps available and any miormation regarding future installations. Where appropriate, Consultant shall provide direct staff contact with their representaL Ve to expedrte xquisrtwn of the record data. B. The existing and proposed utility installations will be reviewed in detail to identify potential conflicts with the channel installation. C. Where conflicts with the channel construction appear evident, we will request that the owner provide potholing to identify their fa- cility location in detail. If it becomes necessary for Consultant to retain a contractor to pothole underground faulities, our outside expense will be billed to the City as extra work after the approval for such work by the City. The cost for any surveying for pot- holes will be part of the additional work. 5 '7'/ D. Upon completion of the design development phase, the utility own- ers will be notified as to the status o4 their fanlity when it is m • apparent conflict with the proposed channel con strut Lon. Copies of the reduced preliminary channel plans with the utilities plotted will be furnished to the owners along with a proposed schedule far relocation. Section Y'I - Right-of-Way A. General 1. A detailed review will be conducted of the right-of-way documents assembled from the City and County. Where ad- ditional documentation is necessary, upon City au- thorization, a title company wdl be retained to furnish the information and the City billed for direct costs. 2. A right-of-way map will be prepared using a format accept- able to the County to compile the existing and new City and County rights-of-way north of Highland Avenue. Reference will be made regarding fee ownership or easement with the appropriate classifications or restrictions. The existing right-o4-way widths will be noted. The right-of-way maps south of Highland Avenue are assumed adequate. 3. Once the channel parameters have been set, a clear desig• • nation will be made on the right-of-way maps to show where additional rights-of-way will be regw red mduding the pre- liminary dimensions of the proposed acquisitions. The cur- rent owners will be noted and a list of assessor parcel num- bers will be submitted to the County's tale company for ti- tle search. An individual property plat map wdl be pre- pared at the appropriate scale to define each acqui siLOn. The Consultant shall establish the final dimensions of the regwred right-of-way and furnish a legal descnphon and plat map for each parcel to the County. The County well then prepare all additional documentation and proceed to acquire the right-of-way. 4. Maintain a right-of-way control sheet f?4-inch by 36-inch) which shall set forth the easement number, name and ad- dress of grantor, date the easement is granted, book and page of recordation, and other information pertinent to the granting and receiving of said easements. 5. Provide necessary coordination with others retained by the County or City to secure all property, easements, rights-of-way, and permits required for the pro)act. • 6 '7t 6. In contunction with the results of the ~~a rious studies asso- • ciated with the design development phase of the protect, a preliminary alignment for the channel will be set. The hor- izontal control for the centerline wdl be tied into the City's and County's rights-of-way and to section corners in the area. Channel stations will be set along the alignment at appropriate locations including the centerline intersections of existing street or railroad rights-of-way. 8. Dam Site 1. Consultant shall prepare and submit complete calculations to establish the dam site location adequate fo facilitate later construction staking. Format of the mapping required shall be as determined by the County through the plan check process. 2. Consultant shall establish adequate boundary control for the dam, debris disposal area, upper spreading grounds, and outlet channel consisting of section surveys to establish required protect rights-of-way. This will affect ownerships north of Section 19, Township 1 North, Range 6 West; more notably, the following property ownerships: • a. Bloomer property b. Western properties a Etiwandai Highland properties IFCD easement held) d. Klepper, et al. e. Southern California Edison 3. In order to minimize righ t-of-way requirements north of Section 19, the channel alignment may be straightened through the Bloomer parcel and designed to accommodate the basin drain adtacent and paralleling the channel down- stream to its outlet into Section 19. 4. Where necessary, tie out property corners and provide ade- quate boundary control maps showing points found or set. Se<tion_VII_ Design _Development Report A. A summary design report will ba prepared to bring the various study and preliminary design subtectz into a comprehensive pack- •~ age which can be used for detail design. It will also be used for 7 7c review of the protect by the various agenues involved and ap- proval by the City and County. • B. Cost estimates will be prepared in detail for the protect compo- nents, C. The preliminary channel plans prepared at 40 scale will be reduced for inclusion in the report. D. The design development phase will conclude with the presentation of a protect report consisting of the following plan sheets: o typical cover plan; o typical section plan; o channel plan and profile sheets (40 scale); o preliminary plans for the debris dam (200 scale); and o preliminary plans for Day Creek Basin (?00 scale) if regwred. E. The channel plan and profile sheets will be prepared on reproduc- ible standard ?4-inch by 36-inch mylar sheets to a format speafied • by the County that will allow the same meets to be used for the final design drawings. For the design development phase, the plan and profile sheets will illustrate at least the following: o base contours; o right-of-way lines; o channel plan view; - centerh ne stationing and roordinates - centerh ne intersection stationing at road and rad crossings - utilities o channel profile and sizes; - with superelevation as required o design flow and NGL; and o side lateral locations and sizes, • 8 77 F. The preliminary plans for the Cebns dam wdl include definition as • to ifs size, location, and general design parameters. The appurte- nant improvements such as low-flow £aalities will be illustrated and access fo the debris basin identified. The ?00-scale preliminary plan will be prepared on a reduction of the 40-scale contour map obtained under this Agreement. G. The analysis will result in the development of an improvement con- cept for the Day Creek Basin. Once it has been determined whether the basin will be incorporated as a peak reduction facility into the proposed channel construction, a preliminary plan will be prepared to show the basin and the connecting faaliLes. The ?00-scale preliminary plan will be prepared on a reducAon of the 40-scale contour map obtained under this Agreement. H. Appended to the design development report in an orderly, easy-to-follow format shall be the following calculations and technr cal data utilized in development of the plans: o hydrology; o hydraulic calcula4on; o cost estimate and quantity calculation; • o geotech n~cal data and soils tests; o right-of-way documentation; o cross sectwns on a minimum ?00-foot centers: o survey control data and field notes; and o utility correspondence records. Section VIII - Geotechn¢al Prehmmary civil design for the dam, Day Creek Basin, and the channel will be accomplished by Willdan Associates with Woodward-Clyde Con sul• toots fu rnish mg support functions related to the geotechnu:al asoecis of the protect. The scope of work prepared by Woodward-Clyde for the protect has been divided into tasks assonated with each of the major protect components. The following scope of serves prepared by Woodward-Clyde Consultants describes the work envisioned for the design development phase under the administration of Willdan Assoc cafes. .+~ 9 78 GEOTECHNICAL SCOPE OF WORK - DEBCRIPTIC9 I. APPROAC'! The project has been divided into phase areas as shown in the site plan, Figure 1. The approach for the geotechnical element of work has been subdivided into four geographical areas as follows: Area Day Creek Debris Dam Day Creek Spreading Grounds Day Creek Basin Day Creek Channel The basic approach for the design development of each has been to subdivide the work on each area into two to =_ks involving preliminary review work and preliminary exploration and design. Specifically for each arcs, this involves the following elements of work: Area Day Creek Debris Dam Day Creek Basin Day Creek Spreading Grounds (optional) Day Creek Channel LEGEND Task Description 1 Preliminary Review and Siting Study 2 Preliminary Explo rationi Design 1 Preliminary Review and Evaluation 2 Preliminary Exploration and Design Parameters 1 Preliminary Review and Evaluation 2 Preliminary Exploration and Design Parameters 1 Preliminary Review and Evaluation 2 Preliminary Exploration and Design Parameters DSD Division of Dams DSOD Oivis ion of Damz SCE Soufh ern Californu ECison WCC Woodward-Clyde Cons Wta nts 10 X79 • • -z- `J In the above described approach, Task 1 provides for a review of existing data, compilation of subsur `ace information from other sources and the final planning of subsurface exnlo ra uon to be completed in Task 2. In the case of the Day Creek Debzis Dam, the Task 1 work also provides for a siting study to develop the most suitable site for a debris dam from a geotechnical standpoint. Though not spec ificaLly included in the program plan, if the potential for ground rupture is no^_ clear, it may be required to have a meeting with DSD to agree on faulting cr.i i,eria for the dam at the end of this task. Task 2, in general, provides for the field exolo ration and Laboratory testing and the development of preliminary design parameters. In the case of the Day Creek Debtis Dam, this cask is relatively extensive in that it provides for enough exploration to develop recommended alluvial removal (based on the geophysical survey summarized in Figure 2, less than 10 feet of alluvium would likely be removed at the currently proposed alignment) and to develop specifications for the construction of the dam. It is understood Chat following the completion of the Task 2 work for each area a third task will be required to review the • consistency of use of geotechnical parameters in design and to make any necessary revisions to the final design from a geotechni ^_al standpoint. For the Day Creek Debris Dam, the third task will prow;de for a meetin? with DSOD and conEir ma tipn laboro m r: testing and analysis of the preliminary design frog ':ask 2 in order to finalize the design and associated soec;fication. In addition, it will be necessary that 'FCC have some level of involvement in the construction ma..^.aaeme r_ of the debris dam. This is to allow Eor making tamely field design changes iE unforseen field conditions are encountered during construction and to pzov;de design verification during construction. As a mininum, WCC's involvement would provide for weekly ar biw ee'x ly site visits by the WCC project engineer and monthly visits 6y the WCC project manager and the preparation of periodic reports and a field report regarding construction earthwork operations. If required, WCC could also provide full tine observation and testing u' earthwork operations by a geotechnical engineering technician with experience in 'lam construction. The details of the design development program plan (first 2 tasks) are desc abed by Cask and subtask in the sections that follow. It is noted that the exploration Eor the channel generally relies on information available from adjacent areas with limited test pit 11~p -3- • tion to verify and develop site specific information at the most critical location, such as the street, rail- road, or highway crossings. Further, the program plan assumes that all crossings will only require design parameters for reinforced concrete box structcres and that no bridge design modifications will be required (i.e., modifications to bridge foundations). The scope of work summarized below does not provide for R-value testing or pavement design toad crossing approaches. The exploration locations shown in Figure 1 are very preliminary and in general agreement with the orog ram plan description, but will likely be modified at the completion of Task 1 for each area. T'he locations are shown to provide a general description of the level-of- effort of field exploration expected. II. PROGRAM PLAN A. Day Creek Debris Dan Task 1: Preliminary Review and Si[ino Studv a. Review available data and obtain available air photo coverage. • b. Meet with project teas ~„ identify candidate sites. c. Analyze avai'_a61e air p'notos and identify lineaments and other geologic features. d. Perform geologic recon r.a issa rce napping of dam site area and identify test pit and geophysical line Location. e. Perform limited test pit/trench, exploration of site area (6 to 10 test pits). f. Perform refraction seismic traverses of site areas (refraction surveys at J to 6 Locations). g. Analyze all field and reconnaissance data and develcp geotechnical input for the siting effort. h. Document all results in report format locating most favorable site(s) from a geotechnical standpoint considering depth and density of alluvium, proximity to faults and condition of abutments. It will be particularly important to • 12 R/ _q_ LJ do an evaluation of fault setback distances to the dam. This will specifically include ar. evaluation of the potential for upper plate secondary breakage from the nearby Cucacunga fault. i. Meet with project team to choose the most favorable site. (Contingent meeting with DSD required if faulting issue exhibits uncertainty.) Task 2: Preliminary °zoloration/Desicn a. Finalize exploration plan from Task 1 selected site. b. Perform detailed geophysical exploratio.^. of selected site, including four refraction traverses and two to four downhole surveys. c. Perform drilling exploration and samoling and install one to two standpipe piezomete rs. it is noted that although four borincs are shown in • Figure 1, it may be necessary to replace at least two of these borrms wits lest pits, trenches, or Wore detailed :eoohvsical coverage due to the driLline diffic~ities that nay be imoosed by the presence of cob'o les and boulders. (Possible rock coring requited on the right abutment or beneath the aliuviun at other locations is considered as contingent work the need of which will to be identified to Task 2b and as the first borings ace conpleted.) Perform test pit excavations with geologic inspection and large scale density testinc along the selected axis of the dam and rn borrow areas. As indicated in Task 2c above, the number of test pits shown in Figure 1 may be increased to replace borings. Also, the test pit/trench exploration provided Eor in task le and this task in Figure 1 sh c.a d be supplemented by !wo days of additional test pit; !renchrng for geologic exploration of faules. The locatrons of such explocatrons, as in the case of Task le, will be Bete mined in the field. e. Perform laboratory class if icatron and compaction teses (40 grain size analyses and 5 compaction tests). 138} -5- r 1 f. Analyze all data frcm Tasks 2a through 2e and characterize subsurface condition. g. Pero rm and seismicity analysis to identify all faults, their proximity to the site and their associated maximum earthquakes and seismicity. This provides for an update of the information in the Moore and Tabor report using more recent geologic, geote chnical and ground motion references and procedures. h. From Task 2g develop the maxir..um level of ground shaking (peak acceleration and duration) from near and distant source earthquakes and the probability dist: ibution of these parameters. i. From the results of Tasks 2f and 2h, evaluate the potential fot liquefaction of subsurface materials assuming saturation and considering the density, permeability and grain size of the alluvial materials and the intensity and duration of shaking. j. If the results of Task 2i indicate a high • potential fo: liquefacticn, calculate the probability of saturaticn from hydrology data and the probability of intensity o.` shaking to evaluate the overall proba'oi_ity of liquefaction. if [he potential '.or '. iquefaction is low from Task 2i, the probability assessment shall not 6e reeuired and work will proceed directly to Task 2k. 9ased on the resin^_s of Tasks 2:, 2i, and 2j, develop the level of alluvial removal to recommend for construct:on. Develop dam design and perform preliminary static stability anaLyseS of embankment. Develop geotechn ical design parameters for spillway and outlet works. Develop preliminary specifications for the dam, including the geometry and compaction requirements for various elements of the embanknent. Document all results of Tasks 2a [h rough 21 in a report with pertinent preliminary design recommendations and identification of seismic design parameters. Develop conclusion relative to faulting at the site. • 14 83 • -6- B. Dav Creek Basin Task 1; Preliminary Exploration and Review and Evaluation a. Review plans and construction of existing basin and proposed construction. b. Obtain existing subsurface information for site area including information available from highway bridge an3 SCE power lines. c. Perforr„ detailed field reconnaissance and plan field exploration. Task 2: Preliminarv Design Parameters a. Perform one boring and obta i.^. sa r..p le for laboratory testing. b. Excavate two test pits and perform percolation tests. Clean slope faces at selected locations on existing slopes and obrain samples. • c. Perform Laboratory gradat:cn tests on samoies obtained in Tasks 2a and 25 (10 grain size analyses). d. Analyze da^_a from Tasks .... through 2c and evaluate sta6ilily of existing and nrooosed slopes and percolation rates. e. Prepare a letter report documenu ng the results of exploration and aeotechn i-ai conclusio r,s and recommendations and ea ahwork specifications. C. Day Creek Spread ina Grounds ~, a~r•si_~ Task 1: Preliminary Review and Evaluation a. Review preliminary plans for the development of the spreading grounds. b. Obtain subsurface information available from SCE power lines in the area. c. Perform detailed reconnaissance of site area and final plans for field exploration. 15 RY -~- ~J Task 2: Preliminarv Exploration and Design a. Excavate six to eight test pits and perform percolation tests. Obtair. bulk samples from test pits and adjacent areas. b. Perform labc:story gradation tests on samples obtained from Task 2a (24 grain size analyses). c. Analyze all data from Tasks 2a and 2b and develop percolation rates for site dike design criteria. d. Prepare Letter report documenting the results of exploration and geotechnical conclusions and recommendations and earthwork specifications. D. Day Creek Channel Task 1: Preliminarv Review and Evaluation a. Review preliminary plans for the channel alignment. • b. Obtain subsur_ace informati,n available from Cal Trans (bridge crossings, etc.) and SCE power lines in the area. Sucsurface inforaation available from our files on adjacent protects will also be reviewed. c. Perform detailed recon r.aissance of site area and final plan field exploration. Task 2: Preliminarv Design Parameters a. Excavate 14 test pit at crossing locations and obtain bulk samples. The locations will, in general, be as follows: Highland Avenue Victoria Park Lane Base Line Road Chur cti Scree[ Foothill Arrow Route AT75F RR Crossing Seventh Street Fourth Street G-Street Route 10 Freeway SPRR Crossing Airport Drive Jurupa • 16 Bi -e- Investigation work will be supplemented from work planned on the Day Creek basis, the spreading grounds and the debris dam. Perform laboratory gradation tests on samples obtained from Task 2a (20 grain size analyses). Analyze all data from Tasks 2a and 2b to develop lateral earth pressures and foundation bearing information. Prepare letter report for each phase area documenting the results of exploration and geocechnical conclusions and recommendations for channel bedding and lateral earth pressures and earthwork specifications. Also pote r.tial fault crossings will be identified and described in case special design provisions are d?scribed. 17 ~b ~ .if. I ~ ,_ _. ~T~ c x , ~~ ~ ~ rs° ~ ~ ~ 3 ' ~ ~ ' a - -4 ~ ~ J ~., }1p~ovosE r~ I - ? ~ >:. ~ a CflE((ppEN ~ ~ O P 011O11NO5~~••.vaL~~ ~ .-. IP 5.51, y ~. \ iYiYiY r- ~.-- ~€ ~]N•~ ^.~~~ _ ~ __ ~ ;'`;.jam,; r ~a 4 _.~.'~-~ -.~ _ .... L-f -~ - ~,, RANCrO ,~'000AMUNGA __._ _"_" r~~7 -~ I INv ~ ~~`' L ^ -- - "`i-~ =rr!'---•--.-. 1,11 ~ `~ . ~ .. -~'' I -_ - ~: _~~ ;.:,,gip .'=u ONiAR10 ,• ~ ~~~,~1f- i~, ~M - - . ~ _ ~~ $ `~ , °'F ~fllna Wf ~ . i _.~. V.. ~ .. % ~ `4 rn v I InL_.I • • • is 89 • ,, ~ _ _ { G r i i ~ :r. PROPOSED DAV CPEEK DAM West Eeq l~ne I Line I '~ I Lpe2COn of Geoonvual S~rvev Lines ~ i I ' ~ProooseE Gev of Dam ' r~ _' 2550 ei I575 ProppsM Smllwav Elevarom Eanting Graoe ' ~Pretmt Water Courae ~ v=nno.:aoo It ,e~ ------- V = 3: 90J600 ~; sec _ '' ~_ ~ ~~ _ I M . _ _ _ _ _ ~ ~ - SCALE L v - la ooa ft~t!~ 1"+I ~jQ'~-~ NOTE V ~ meaturea range of p wave vl~oa:v Protect. DAV CREEK SUMMARY OF RESULTS OF Fig Protect No. 64P419O GEOPMYSIG~ SURVEY , 2 lg 8d wooowARO-cLroE coNw~TAr!Ts EXH181T B • 0 YI WI WI ~I V }~ QI O n rn In =_== -__-- W =- - _ =_ - J ='-'- - - ='_ =' D -- -== _ -- --- ° -= =-= = U . __ _~_ E = =__ cn ' _ -_- __=__= e t===== =------ _ --= == _ _ - -- o _ _ U -== =_ __ __ _: CL ~D __ __ ___ __ ____ _ • z ~~ ~ _- O W m ::~ ~ P ; l U Wrl a ~ N ~ . ~ Q ~ V i ~ . . ~ - N .. W W I , (IS 0 ~ - I :.: -I . + I w _ N ~ " - ~ ~ ~ m W ZZ OB I p0 J WW1 ODD W _ D P P ~ N Nl V U V • W W W ~ Q 5 20 s9 z w a O J W rl > ~ W m ~ • H Z m ~ W X Q W ' Y w w U r a 2 O N 21 cJ ~ - ¢ ~ y _ ; y - ~ > ~^, } 7 _ p w O 2 w II ` > _ ~ L 2 U N 7 ¢ ~ J i Estimated Geotechnical Work Schedule • 77 9/ • • N H O M1 OI O - 0 b n n L 3 w f ~ r ~ J ~ m r r o m w x U ~ H Y io Q ,~ 3 a ' I ~ U ~ ~ ~ z ~ r V ~ w O j L o C~ a a c - n YI ; w ~ o. c u v e- w c- + coo •- w c - Y- E ~ _ y E w a`H d ,~ Y Q a W U ~ Q a 'aW oa a `s 2 O 0 i 23 9z i 0 ~~ 3. w E`. w F 7 ~ 0 i U fa Y t O 3 a _U ~ Z r U w h C C7 7 ~ n' ~ v~ A X w ur D w Y a n a u a u v m E E ` a n ¢ 0 W 4 C o - d= w A Y . a Y m a u o ^ C ~ 6 E E m ` C o a ~ a u e "c E i c Y ~ Y w W W= N W ~ Q a ¢ p = W U 2 U Q U 2 Q Y N > U Y a i m O N U O U m U O v' s 0 c c 3 8 E r~ LJ 0 H O 2 u ,.~ 93 • E?(H IBIT C DAY CREEK - DESI G~' DE\'ELOP~tENT FEE SCHEDCLE Contigency Secti on Descrm tion FixeC Fee Fee (1) I General Coordination and Protect Admmistratlon 5 50.CCO S10,C00 II Hydrology anC Alfern of ryes Analysis 13,010 ?0,CCO III Channel Hyda ulic Analysis 50,CCO IV Surveying and Contour Mapping (3J 3i.OC0 10,CCO V Utility Inve stigatron 31,000 VI Right-of-Way ?8,000 • VII Design Development Report 173.975 11.910 Vlil GeoteU n¢al (31 103 3:5 13.050 Total Design Development Can;Tact 1546.-C0 ;J) 165.C00 ( U Contingent fees are only estimated for the sectmns shown a nd may be used in any section as appropriate after approval by City. (2) Ou;v Ce cost of aerial mapping covered in Section VII. (3) A further breakdown of the fee assou ated with the geote chn¢ai work by Woodward-Clyde is attached for rete re rice. fJl The fee amounts for work covered by this agreement are vaLC through Julv 31, 1985. The fee amounts far any uncompleted work covered by !ha agreement that is Celayed bevonC August I. 1995 through no is ult pf the Consultant will be atliu step to com pensate Consultant for annual labor antl cost of service mtreases . The maximum adlustment shall not exceed i percent per year. zs 9Y ~ Table 1 - Estimated Man Hours and Cos[s• Table 2 - 1985 Schedule of Charges and Conditions The budgets pzovided i^ ".'able 1 may require node _'ication • regarding distribution of man hours, but '.or the scone of work stated should be adequate wi :h respect to total costs and contingencies for the design development work. These cu is do not include work cn final design or construction management for any o`, the four areas of investigation. C~ z6 9~ 3 '~ 91 ~= ra '~~ g = - ~ a s Ix k I °. ~'~ - g. h z e Iz I i I. .. . ~" I ~' i . a I~ C 8 ~ I A R A I A . - ~^I I~ . ^ 8 I a ~ R .~ R$ ? . ._ a - ,1, _id3 .-v :- i - plx .s Y '~ , • 3 f~l - I I I- I Ia ^ _ I . i ~ °' ^ ~' ~ x -gyp a I I IR - S 0 6 iY - i :~.. }~a -' xR:~: _ - . _ r . YIY _ I 11 -- _, YxG. x R i `i ' ,,,. A -I Y Iii i ~ s L . - - i _ ii- [ ^ ~iII % . ~ is ~ R C I ~ . = 0.1x :tl-~, RIR - : 1:s=xf " z ' s~ I ~ I :i '.i a ~ - 4 i d a la - s• :1 l I I . , i A i _6 f - - ^~. 6 s _ 5 ~ t i 5 : - tl :~ - *R t :-Sti a iE}1 ~~5 1i::a • ~~ i:;~: ' ? ~ 175 Jt{!i ` 1 1i 3' = dj5~_1 j i!j i 1e:?a eFi: '-i?:i 8 -- - i~ d - - it - ... ^ - z7 9G TA "u LL 1985 SCHEDULE OF CHARGES WoodwarbClyds ConsuManta • SCHFOIII F 0 .. ;nbe of f of el:fn.ng en. es ~ bafd a fsc or Spc •tY or [-.9tn . n beu.f •b['c ue]' • ymnnl na ^orr yu nL• u<tner • •n 9f' • n. vc v0., aM ri.• rll r ud.na c retina u.9 pro, v .n..a.efe .n rune pre ar Y•.r vt lie of e.••] on tn• n.r fcn•p+ttf alccn P[PSOYV[L Pm onnel cn u9•. . • [er reM ]t nctlY n:rt fE to pm!¢u. Cnu?u • r•df !ar t.cn- tYPtn9 • tn• Pr•p.uuon o! reperu .ne .ne c rat printing . tN••Preeu et .en•e! reperu. D.rf et a wif• • nn e• for f. pf[aw In?, me ru eMU t xluc~a . f•a. Cnu a••a pr p. npnnU • ••b•ed o nfn eu rlY r\u !o[rt a, • cn•r9•d to tree Dro,.ct. 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Chu 9•• !a[ SPen •1 a an9 n eP na DY th a• •ch •eub • • Wue m Aw rlY cAU 9•• !er pu - n hau rlY ehu qe rer 1•mr•tory vrn u0. A eh u9• !ar en• uu ale SP eca•Inr9uapm•nt +uY ,w See•e. •• Save An.ly •1• - O•fre •na ! :nc1Y01nq r•In (] a a 13]Ci ...... c :ne n t f 50'00 6uve An•1/uS - line anc:Ya an9 .ul: 111 t0 I1:0 : ..... ......... ....... 10.00 V••N An•1Y •:• 11100 On1Yl ....................................... ...... 10.00 N•rh•m c•i An•IY rr ., inc L0an9 f-p[. NYaremrter ........ ...... .. ....... f5.J0 Nrarpme[•r Ana rn e. sane.'] Asn .............................. .. ... Is.Pc L,9uae L,m e ................................ ... .. ... P:.arr una : ... ..................._... ...... .... . ... ~ ~ • i-,s~ snn ,a e9. L:mi[ ............................................ . . ..,.... Ip ac Sp.cafm :nvatY o! Saar ............................... ....... ... ]1.50 r J•u rma n•u on nCl ..... ............... .. .............. nou wr : ....... B.fJ 'Jry 0muty 0•t•rna n•ca on ..^.0, ncl ...... ............................... 11.50 Uno c!.neE .omp rr..aan IUCI - wpiu in[•v • t rtr•u o r ............. Pu nIY, rtn nc P[ ............ .............. 0 l5 ] •elr;aenS• cN rqe !nr •rrvu-•;run curve .... ....................... Ss .00 conealaen aen - !ar uc+P .............. ........... ........ ~~~~~ ~~~~~~~ If ~] pu loe.f .ncremr nt Ilacarn9l ......... ........ ....... ................ ]f.]C pu oca increment lunla•ern91 .. ....... ............ .... 15.40 Le mr•t ory Ce^ryrtu an - rP tP 1-an. aumeter .......... ... ...... ....... DC .:.'. L. mr•; cry :OmP•a:an - 6-.n, eaeme ur nv le .......... ... .. .. .. ....... IIf.:: frell Lnua euP.e : ................................................. 60.:: s.•1: Irem once urp lei ..................... .................... ...... Bf.n pN ne•ur•me nc ......................... .... .. .. ....................... N.00 PeSaetrv atY ne••.eeme n; ................ ... ... .. ....................... If.OU f Sne [9m re lent ......................... ... .. .. .. ....... .............. 1].00 CMr9ee 1 Ot Mr t ach • ocM c inq, trl ur•1 :o+rynuaOn • o ~ to U, rycllc lose an9. nn SWU un, n•reml •tr•n9tn air•c[ Sn ur tut. •n0 Perr.eu uty v quoue On r•qu ut. SM PL[f: All u:rq b• o! coal •na roc4 ril: Ee alrpo••a o! 60 a•yS •It•r •Y Oml uron of o r lrneL report un le •a You r•.aot oth erva u. Upon nquo t, raLL ea wrt r•mpau [o You •t your coat or re rill tore to em tar Yoe for •n •grua rtor•9e cp u9e. ]0l-CNA 29 ~~ . WILLDAN ASSOCIATES ~ - - __ - _- - `~ . . /~ - SCHEDULE OF HOURLY RATES August 1984 C la ss~fic alien Fee Rate Per Hour Sr. Consulfa nt y 90,00 P ran cip al Engineer g0, 00 Division Manager 71,00 Prolect Director X1,00 Sr. Prolect Engineer 65.00 Project Manager 58.00 Prolect Engineer 53.00 Sr. Designer 49,00 Design Engineer 42.00 Sr. Draftsperson 42.00 Designer 38.50 Draftsperson 35.00 Jr. Draftsperson 26.50 Construction Observer (Public Works) 44.00 Real Property Agent 58.00 Assistant Property Agent 48.00 Sr. Survey Analyst 52.50 Sr. Calculator 52.50 Calculator II 42.00 Survey Analyst 38.00 Calculator I 35.00 Survey Supervisor 60.00 Party Chief 58.00 Two-man Feld Party 112.00 Three-man Field Party 145.00 Computer Time 60.00 Computer Data Entry 26.50 Clerical 21 .00 Delivery 21.00 Consultation m connection wrth litigation and court a ppearances will be quoted separately. The above ;c hedule is for st ra~ght time. Overtime will be charged at 1.25 times the standard hourly rates. Sundays and holidays will ba charged at 1 .10 times the sia ndard hourly rates. It should be noted that the foregoing wage rates are effective through July 31, 1985. The rates may be adlu sled after that date to compensate far labor adjustments and other increases in labor costs . • 290 S ANAHEIM BOULEVARD- SUITE 100 • ANAN EIM. CALIFORNIA 92805• i i 141 774-5740• ~2131924~1531 30 99 -- CITF OF RANCHO CCCA~IONGA STAFF REPORT • • It is recommended that Council funds for contribution towards Grant/Loan AOPlicat ion. i ~Resp ctfully subm i)ted, ~ / ii c~~f LBH: as ^~ Attachment DATE: April 3, 1985 T0: City Council and City Manager FR u~i: ~ Jyd B. nubbi, l,i Ey Cngipeer SUBJECT: Etiwanda-San Sevaine Bureau of Reclamation Grant/Loan L~CA,t\~ Y y / <,; ~;' z 1~~~ _ ti - ~ F Z 19C ?he County recentiy initiated Technical & Steering Committees comprised of officials and land owners who will benefit from the improvement pf Etiwanda acd San Sevaine Creeks. These Committees are modelo_d on the Oav Creek Committee which deve coped the program for funding Dav Creek. As an initial step in attaining funding for this project, ;t is orooosed that funds be contributed to fund a Bureau of Reclamation Grant/Loan application. The cost of this application is estimated at E150, 000. It ;s orooosed that funding 6e provided as follows: 5% E 7,500 35% E 52,500 30% 3 a5, 000 30% S a5,000 Tif6% 31 ~6 Rancho Cucamonga/Ontario Flood Control District Developer Interests Fontana Assuming Ontario participates, our share of the study would he E3,750.00, Considering the history of Day Creek, it is staff's np in ion that the orooosed amount ;s a nominal commitment to a worthwhile effort. The Steering Committee of which the Mayor is a member, will be meeting April 4, 1985 and has asked for prelim inarv indication of rommitment. RECOIMENOATION authorize up to E5,000.00 in Storm Drain Fee the preparation pf a Bureau of Reclamation ~G G FCNDiNC FCP BUP.EA^ OF RECLAMATION LOAN APPLICATION RE PCR: 1. Approximate Fee for Consultant 'Work - 8150,000 2. Proposed Application Report Cost Shari rg a. Rancho/Ontario 55 E 7.500 b. Flootl Control Distr ict 35S $ 52,500 c. Developer Interests 305 E 45,000 d. Fontana 305 E 45.000 ZOOS S15 G.000 3. Proposed Elood Control District Zone 1, Zone 2 Ccst Sharing a. 2/3 Zone t $52,500 X 2/3 = S 35,000 • b. 1/3 Zone 2 $52,500 X 1/3 = $ 17.500 u, proposed Developer Cost Sharing (Acreage X $45,000) = pc rea ge X 38 5,:00 DEVELOPER ACREAGE AKCUNT Lewis Homes 450 X $J 3 3,600 Hunt Club 600 X $d 4, 5C0 Sierra Heights 1,200 X $8 9. bC0 La Cuesta 800 X $8 6,400 West End 1,200 X $8 9.500 Rancho Fontana 500 X $8 4,000 North Gate 70 X S8 560 Kaiser 700 X E8 5,500 5,720 SV ~4, 760 /C / TOTAL ETI'dA NDA/SAN SEVAI;IE PROJECT IMPROVEMENTS BASED CN NET 4REA r'^iJING 1. San Sevaine Creek System (Page 14 Funding Mechanisms) Total Project Cost $40,875,000 2. Net Area (Page 12. 16 of Funding Mechanisms) Unincorporated Area 12,4?0 X 45S 5.672 acres Fontana Area 75,850 X 75S - 11,888 acres Rancho Area 3, C40 X 60S 1,92» acres 19,:24 acres 3. Total project cost per acre of net area $40,875.700 = $2 115/acre 19.324 acres 4. Total project cost per agency • Unincorporated Area 5,612 acres X $2,115/acre 311, d69,.9J Fontana Area 11,8dd acres X $2,:15/acre 325, i»3.12C Rancho Area ;,824 acres X $2,115/acre 3 '+, d5', -EJ 34C,8;0,ZiJ LC NG ':EflM PAYBACK CCPIMITTMENT ON BUREAU CF 9ECLAY.ATIC.`. _JA:J 1. Approximately $14,500,000 loan-interest tree 2. Loan payback period of 40 years $ 1,500,000 , 5362, SO C/ysar Cor 4G years 40 years NCT"_: Loan payback on $14,5 million aver a period of 40 years @ !CS interest is approximately double the amount borrowed or, in our case, approximately $30,000,000 to borrow 314,507,000. • /O1 RECOMMENDED CvNSU6T.dNT FIRMS The Bureau of Reclamation staff in Boulder City recommends the following two firms who nave an excellent success rate on shall loan projects: Engineering Science - located in Pasadena California 2. Fran zary-Carey - loeatetl in Phoenix, Arizona Engineering Science fees for loan application, approximately §200,000 Fran zary-Carey fees for loan appli nation, approximately $130,000 ~3 BUREAU CF RECLAMAT IN P30JECT FOR DAY Cft'eER FUNDING FCR APPLiCATICN REPORT AND EIR • - City of Ontario 315,000 (18i) - City of Rancho Cucanon ga $i5,OG0 (18i) - Private Sector 525,000 (29i) - FDC, Zone 1 $30,000 (35i) 385,00 • • /cy • • - CITY OF RANCHO CCCA~IOtiGA ~cc,Ko STAFF REPORT ~~,~~~_ ~, ~,' 5 /ru~F1~ ~. _ V.44 7e T. _ ~ z Z ~- ~° - -~ GATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer SUBJECT: Approval of Improvement Extension Agreement and Additional Security for a single family home located at 13245 Victoria Street submitted by Michael and Valerie Perez Michael and Valerie Perez have submitted an Improvement Extension Agreement to request a six-month extension of time to complete the off-site improvements far a single family home located at 13245 Victoria Street. A Time Certificate of Deposit in the amount of 53,410.00 is being held by the City as security to guarantee the off-site construction. An additional 51,000.00 is being submitted at this time to guarantee completion of the improvement plans. RECOMMENDATION It is recommended that City Council adopt the attached rescluti on approving the Impra vement Extension Agreement and authorizing the Mayor and City Clerk to sign same. The new expiration date will be October 4, 19&5. Respectfully su 6mi ed, C///~ ~~~ LBH: BK:faa Attachm//ents /o S ~< ,z. . ~~~I __ _, z • ,... SITE r - - ~~ - - ~ ~-- - , I,. ., , ,.. ~ ~ r .~, ~ i~~~ht, title; ~yq~ ,. CITti' OF RA;VCHO CUCA.~tONGA J.~?' EtiGINEERItiG DI~'ISIOti if rn VICItiITY !~tAP Pag, rob clTx DF RAncxo cucnnon6a INPROYElENT EXTENS IDN AGREEMCn7 FOR 13245 Yic torso r u KNON ALL MEN BY TNESE PRESENTS: That this agr eenent is mace and entered into, in coot ormance with the provisions of [he Subdivision Mao Act of the City of P, an oho Luc amonga, California, a municiPai cerppr at ion, by and between the saiC City, hereinafter referred to as the Clty, and '-- >' referretl to as the Jeveloper.~.(.k i , _„ _, p ~ NII NF.SSETN: T4Ar ';uEBBAS saiC :~C. ~i SUar enterer in:u an ,nmre~ernnc agreement w~th tsz Gty as a requisite tp issu^nce of buildings permits, and N'dEREAS, said Devei'GGticr des}res an extension of time to comps ete the terms pf the saiC improvement agreement. NON, THEREF00.E, it is hereby agreed by the City and by said Dev'evtbper as follows: .. The completion date of the terms of the said ~mprpvement agreement is hereby extended by a period of zix mgnth5 from the date of expiration of the said agreement. 2. Increase in improvement securities to reflect current improvement costs shall be furnished by the developer with this agreement and shall be approved by Che City Attorney. 3. the required bond and the additional principal amounts thereof awe set forth nn the attached sheet, 4. All other terms and conditions of tre said improvement agreement shall remain one .one. As evidence of understanding the previsie^s contained nere; n, and of intent to comply with same, the Developer has suhm~tted the oelow Cescribed improvement secur5ty, and has affixed his signature hereto: FR[TNTUL. PERFORlNNCE BOIID it ,;;] Description: Time Certificate of Addi :ion al Principal Amount: Surety: Ueoosit adtlress: CM no Valley Bank MATERIAL AND LABOR BDND Description: Addi tipnal Principal Amount: _ '- Surety: Address: CASN DEPOSIT MONUMENTIN6 BOND Additionai Cash Deposit: ININTENANCE 6UpARNTEE BOND Principal Amount; To be posted Dr tar Lp acceptance pf the project by the City. lfhff1f1f11f1ffffRRfffllRfRlflf RlMff}iR 11R tf 111rR 1fIIf1 Rf 1f Hflffftfflf flf lift CITY OF 0.ANCH0 CUCAMONGA -9[tlCt6PER ~ n.rai ~ CALIFORNIA, a moot cipol corporation By: on M ke s, aypr Rttest: wYT. .O.-.~ "Q 1-¢n_s-1.T vi 9~Bf ,r ~y q,- sty erk •- , c - ` o z ti y ~ G • _ y _ _ . ~ ~ « n J . 1. ~ r ~ z ~ " ~ ` r < ' 4 N M w f O . Z ~ 1 , W z - T + LL - H - - - 3 ~ _ U _ _ J `' _ Z ~ ~ _ ~ ~ ~22 q -, JG, ? Y U -. W x = i ~ ~ ~ V .. k _ p • - F' _ H U ~ C y ~ ~ ~ ~ _ _ Z ~ ~ ~ v _ _ ~ /o R • • RESOLUTION NO.f04=03=498 ~S-i°~ • A RESOLUTION OF THE CITY COUNCIL OF ?HE CITY OF RANf,HO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ENTEN SiON AGREEMENT ANO IMPROVEMENT SECURITY FOR SINf,LE FAMILY wOME AT 13245 VICTORIA STREET WHEREAS, the City Council of the Citv of Rancho Cuc amonaa, California, has for its consideration an Improvement Extension Agreement executed on Rpril 3, 1985 by Michaei and Valerie Perez, as Developer, for the improvement of public right-of-way adjacent to real orooerty spec if ically described therein, and generally located at 13245 Victoria Street; and WHEREAS, the installation of such improvements, described in said Improvement Extension Agreement and sub,iect to the terms thereof, is to he done in conjunction with the development of said re ai orooerty referred Lo as 13245 Victoria Street; and WHEREAS, said Improvement Extension agreement is seared and accompanied by good and sufficient Improvement Sec ur itv, which ;s ;dent;f Ted in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the city Council of the C;ty of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are herebv approved and the Mayor is • hereby authorized to sign said improvement Agreemen~, on 6ehaif of the City of Rancho Cuc amonaa, and the City Clerk to attest thereto. /J~J • - CITY OF RAtiCHO CtiCAHO\GA STAFF REPORT :DATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd R. Hubbs, City Engineer BY: Monte Press her, Public Works Engineer ~~cn.tip~ `~~~i~.9 ~- Z _ `4~ F _ D ~U SUBJECT: Request for Additional Funds for Contract Inspect ion Services • The funds originally ap Dropriated for the contract services providing inspection of offsite improvements for the Victoria Planned Community have been expended. The firm of Runmar Ent erorises (Notch Bedrosian) is also providing offsito inspection for Terra Vista Planned Community. Additional funds in the amount of E35,000,00 are requested to coot+nue this inspection service throw ph June 30, 1985. RECOMMENDATION: It is recommended that City Council authorize the aoorooriat;on of 535,000.00 for contract offsite insoed ion for Victoria and Terra Vista Planned Communities through June 30, 19&5. ;~ Respectfully submitted, ~~~ ~~~ LBH:MP :bc ~(0 • CITY OF RAJICHO CCCA~fOtiGA STAFF REPORT DATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Kroll, Assistant Civil Engineer ~ ~~C,t,Nq~, .`j~~:7 ;~~\ F F ~. Z lo'' ~ SUBJECT: Rpproval of Agreement and Security for Tract No. 11197 located on the east side of Archibald Avenue, north of Base Line Road submitted by Elite Development Co. Elite Development Co, is submitting the attached Agreement and Security to guarantee completion of storm drain construction along the northerly boundary of their development, Tract No. 11797, located on the east side of Archibald Avenue, north of Base Line Road. Cash in the amount of 522,500.00 has been submitted as security. RECOMMENDATION IL is recommended that City Council adopt the attached resolution approving the Security and Agreement and authorizing the Mayor and City Clerk to sign same. Respectfully subr~ttled`, LB :jaa Attachments /// 1 ,: ~7 nor 1 ~' - _ J -- e = _ ~~ c °'~ .--. --- -°- ~~~, ~____r_ - _ ~; t - ~" ~ - I ... _ _ h ,,.._. _~ _ r •,. i _ ~ J r, _ ~ : ,~. ~ ~- _ -''; _ _ - C ~`~ _ i n _.. ' _ - e. -- --~ ~--=- _~_ ease Line Poad _ ..____ _.._ -r- _-__ ~/} LI TY OF RAXCNO CIICPMONGR LMP RDVENENT RGREE NEXT FOR TRACT 11797 (Storm Or ainj r4 D'd ALL MEV 3y THESE PRESENTS: That tBis agreement is made an0 ent er e' iota, in conformance with the provisions of the Subdivisf on :dap Act of the State of California, and of the applicable Ordinances of the City Of dan cho Cucamonga, California, a municip ai cor por aCion, by and between Said Lity, hereinafter referred tp a; the :icy, 3ntl Sycdnpre 1nVe$Gment, d J pint 7encure hereinafter referred i0 as the Developer. N[iXESE ETH: T4AT, WHEREAS, said Developer desires to develop certain real groperty in said City as shown on the conditionally approved subd!visi on known as Tract Ao, ll797; and AHEREAS, Said City has established certain requirements to De met by ;aid Oev eloper 35 prerequisite to approval of said subdivision generally located at the east side of grcnihai d, north of iaseline. VOW, 7HE RF FORE, it is hereby agreed by said City and 6y said 9ev elapor as follox s: 1. The Oevel ~Oer hereby agrees to construct at • Dev=loner's expense all impravem en is descr. hed on Page 6 here- of wit9in six months from the effective date hereof. 2. T'nis agreement sh all 6e effective on the date of the resotut;pn of [he Cquncil of said City appr ovin9 this agreement. This agreement shall be in def auit on the day follow- ing Che first anniversary late of said approval unless an exten- slun of time has oeen granted by said City as her efnaf ter provid- ed. 3, The Developer :nay request an ex`.ensi on o` time to complete the terms hereof. Such request shat! 6e submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a Statement of cirrims [antes recessi tat ing the extension of Cime. Tne City shalt have the right to review the pravi si0ns of th i; agreement, inc:ud +ng the =ons traction standards, cost estimate, and improvement securi iy, and to require adjustments therein if any su6stanti ai change has occurred during the term hereof. a, if the Developer fails or neglects to comply with the prpvisions of thts agreement, the City shall have the right at any time to cause said provisions to 6e meC by any tawf ul Weans, ap0 thereupon recover from the Oev elop er and/or his surety the full cost and expense incurred. 5. The Developer shall provide metered water service to each lqt of Said development in accordance witfi the regulations, schedules, and fees of the Cucamonga County Nater OistricL 6. The Oev elop er sh atl be resp0 r•s ible for replacement, relocation, or remov ai of any component of any irrigation water system in Conflict with construe [ion of required improvements to the satisf ac Lion of the City Engineer and the owner of sudh water system. //3 1- 7. Improv events requi rod :~ be cons! rutted shall conform to the Standard Drawings and Stan dar0 Specifications of [he City, and to ±he :mprw event 71 an appreved by and on file in the office of the City Engineer. Said improvements are tabulated nn the Construction and goad Estimate, hereby incorporated on page 6 hereof, as taken from the inpruv event plans listed thereon by number. the Developer shall also he responsible for construc- tion of any transitions or other incidental work beyond the trot: Sound aries as needed for safety and pro Der surface drainage. Errors or ommissi ohs discovered daring construc[in shall be ca rr ec Led upon She di r_ction of the City Engineer. Revised work due to said plan modifications shall Se covered by the provisions of this agreement ono secured by the surety cpveri ng the original planned works. 3. Construc[ipn permi!s shill be obtained by the Developer from Che office of the City 'c ngineer prior to start of wo r'x; all regulations listed :hereon shall be ohserved, wish attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of pu hlic utilities and Li ty Oepartm eats. Failure to co nply with this section shall be su6j eC[ Co the penalties provided therefor. 9. The Oev elope shall be resDOnsible for r=.noval of all loose rocks and other de bri, from public rign[s-of-way within or adjoining said devel opm eat resulting from work relative to said development. 10. Work done within existing sheets shall be diligently pursued to completion; the City shall have the right to complete any and all Bork in the event of unjustified delay in completion, and to recover all cost and expense incurred from the • Developer and/or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of [he scree t5 and easements in said subi di vision, up to the comp!=Lion and acceDiance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each dad every dangerous condition existent in Said street or easement, and will protect the traveling public from such defective or dangerous conditions. 0 ntil the completion of all improvements, herein incorppr aced on Gage 6 to be performed, each of said streets not accepted as i~n pro voments shall be under the Charge of said level oiler. Said Developer may close all or a portion of any sire_C suhject to the conditions contained in a temDpr wry street closure permit, issued by the City Engineer, whenever it is net es5 wry to protect [he public during the construction of the improvements herein agreed to be matl e. 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall 6e done as prcvi dew by Ordinance in actor ]ante with the planting diagram approved by the City Community DeveloDm eat Oirecto r. The De veloDer shall be res aonsible for maintaining alt trees planted in good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer is res pansihle far meeting all condi- tions es[a611shed by the Cf ty pursuant to the Subdivision Map Act, City Ordiances, and this agreement for the development, and for the mal nc en ante of all improvements constructed thereunder 7/y _~ • until [he improvement is accepted for main[en an ce by the Lity, and no im Drovement security provided herei nai to shall be released hef ore such acceptance unless otherwise provided and authorized by the City Council of [he Lity. i3. This agreement shall not terminate until the maintenance guarantee sec~ri :y hereinaft ar described has been released by the Ci[y, or until a new a 'a'nent together with tn_ required improvement secpri ty has Seen submitted to the Lity Sy a successor LO the herein named, and by resolution of [he Lity Council same has been accepted, an0 [his afiresme nt and the imDro vement security therefor has been releas ad. 16, The imprOV amen[ sec sri ty to h=_ furnished by the level oper with this agreement shall consist of the following ono shall he in a form acceptable by the City Attorney: A. To secure fai thf ut performance of this agreement. 1. A bond ur bonds by one Or more duly oath prized corporate sureties in the form and content specified by Government Code Section 56499.1. 2. An :mprovemen[ Security Instrument in [he form and content specified by the City Attorney. 3. A deposit xi[h the Lity Of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers antl materialmen: 1. A bond or bonds by one Or more duly authorized cpr poste sur=ties in [he form and content • specified by Government Code Section 66499.1. 2. An Improvement $ec ari ty Instrument .n Che form and content specified Dy the City Aitorne y. 3. A deposit with City of money or negotiable bonds of the kind approved for securing L. A cash deposit with the City to 9u ar antee payment by [he Developer to the engineer or surveyor whose certificate appears upon the F;nal Map for the setting of all pound ary, lot corner, and street centerline monuments and far furnishing Centerline tie not=_s to the City. The amount Of Che deposit may be any amount certified by the engineer or survyour as acceptable payment in full; Or, if no value is submitted, the cash bond shat: be as shown on the Construction and Bond estimate containe0 herein. Said cash deposit nay he ref un deA as soon as pro[e- dure permits after recei Dt by the City of the centerline tie notes and written a55ur an ce of payment in full from the engineer or surveyor. D. The required hands and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the tmprovem en is described in this agreement shall be free from defects 1n materials and workmanship. Any and all portions of the improve- ments found to be defective within one (1) year following the data on which the Improvements are accepted by the CS ty Shall De ,~ repaired or replaced by Developer free of all charges to the City. The Developer shalt furnish a maintenance guarantee security in a sum equal to ten percent (10X) of the construction estimate or 5200.00, whichever is greater, to secure the faithful performance of Developer's obligations as desc rf bed in this para- graph. The maintenance guarantee security shall also secure the f atthful pe rf arm an ce by the Developer of any obligation of the ii S Developer to do specified work with respect to any parkway . maintenance assessment district. Once the improvements have been accepted and a maintenance guarani=_e security has been a<ce pt ed by the City, the other im prnvement security described in this agreement may he released vrovided [hat such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinan de. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or su6c ontr actor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whe[h er such operations be 6y himself or Sy any contractor or subcontractor, or anyone directly or intlirectly employed by said persons, even though such damages De not caused 6y the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public l lability and property damage insurance shall list the Lity as additonal insured and directly protect the City, its officers, agen [5 and employees, az well as the Developer, his contractors and his subcontractors, and all insurance Dolicies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Lortractor's liauility insurance providing hodfly injury or death liability limits Of not less tha 5300,000 for each person and $1,000,000 for each accident or occurrence, and property damage 1ia6i1- ity liini is of not less than 4100,000 for each ac ci- • dent or occurrence with an aggregate limit of 4250,000 for claims which may arise from the opera- tions of the Developer in the performance of Che work herein provitled. 8. Automobile liability insurance covering all vehicles used in the p¢rf orm ante of this agreement providing bodily injury liability limits of not less than E200.000 for each person and 5300,000 for each accident nr occurrent e, and property damage If ability limits of not Less than 450,000 for each accident or occurrence, with an aggregate of not Tess than 4100,000 which may arise from Che opera- tions of the Developer pr his Contractor in performing the work Or ovided for herein. 12. That before Lhe execution of this agreement, [he Developer shall file with the City a certificate or certificates of insurance covering the specif i¢d insurance. Each such certificate shall bear an endorsement precluding [he can cella[ion5, or reduction in coverage of any policy evidences by such cert if iCate, before the ex piratton of thirty (30) days after the LiCY shall nave received noSificati on by registered mafl from the insurance carrier, As evidence of understanding the provisions contained herein, an0 of intent to [amply with same, the Subdivider has Submitted [he following de serf bed improvement security, and has affixed his signature hereto: //(o f p[TNF UL PERFORMANCE Type: Cash Principal Amount: EZ2,E00.00 V ame and address of zurety: MATERIAL AND LAD DR PAYMENT Type; Principal Ameun t: Name and addre sS of surety: ' CASH OEP OSIT MON UMEMTAT ION Type: Principal Amount: Yame and add re s5 of surety: MAINTENANCE GUARA N7EE Type; Principal Amount; Name and address of surety: TO RE POSTED PRIOR TG ACCEPTANCE BY THE CITY . IN NITN ESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all t orm atities required by law on the dates set forth opposite their signatures. Date lla rch 25, 19B Spy cy'c amore Incest menu . A .Jn int Centare Bc '. El ita De celnncent Comt an }'. A General Parine rshio h}' i^s General Partner ELITE .f.t'F.L': ~F''4FST COMPASS'. [SC. by ~'iZe "~`~ ~ President _ /' Signature Richard J. 4asb muck Printed Acce Dted: Gity of qan cho Cucamonga, C at ifornia A Municipal Lorpor alion Ry; Mdynr Att esl: Ci y Clerk a~ Approved: OEVEL OPER'S SIGNATURE MUST BE NOTARIZED //7 STdTE OF CdLIFOR9IA ) SS COU9TY OF OR,IYGE ) • On this 25th day of Na rch lgg ~, before me, the undersigned, a Votary Public in and for said State, personally' appeared Richard J. Hasbrouck, personally known to me, or proved to me on the basis of satisfactory' evidence, to be the person who executed the within insr rumen[ as President on behalf of ELITE DE4%LOP5tE9i COMPASY, IYC., the corporation therein named and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resulu [ion of iCS Board of Dt rec to rs, said corporation being known Co me [o be one of the partners of ELITE DEVELOPy1F.FT C071PdSY, tine oartnership that executed the within instrument, and acknowled 3ed to me that such corporation executed the same as such partner and that such partae rship executed the same. ESS my hand and official seal. WIT ' • .-. ^ . • \ ~. ~ ~ -~ • r'1'v'/ L~G~'^'~- ~ti ' NANCY L NiLLIAMS ' %~ _ ~ ,, ,,~,- .NOto y Pu¢ is in and For the .y +~.~~a. - State of al :forma M~, 'm'- c o may i5. :388 Vancy L. Williams • • // 8 CITY OF RANCHO CUCMpMGl1 ENGINEERING DIVISION ENCROApiMENT PERNIT FEE SCHEDLIE For Improvement: Storm Drain along north tract boundary • Date: 1/4/85 Lomput ed by: S, Bose File Reference: TA. 9 City Drawing No. 835 NOTE: Does rrot include current fee for writing permit or pavenent deposits QUANTITY UN[T :TEN PR'CE 'Mp"NT L.S. Cons^. ruc: -issing storm drain '~_.S. f21,E00.00 system within S.P . Railroad area at north tract bo undary including railroad license, easement and inspection fees. • ENGINEERING INSPECTION FEE SUB TOTAL f21 500.00 *AESTO0.gT10N/DELINEATION CA SH CONTINGENCY COSTS '-T'~b- DEPOSIT (REFUNDABLE) FAITHFUL PEAFORMANLE BONG (100%)'f21. 500.66- MONUMENTATION SURETY (CASH) LABOR AND MATERIAL BONG (50X) aPUrsuant to City of Rancho Cucanonga Municipal Code, T1tle [, Chapter 1.08, adopting Sm Berwrdino County Code Titles, Chapters I-5, a cash restoration/delineation deposit shall be node prior to issuance of an Engineering Construct ton Perwlt. //9 2 6 a ~ o O- Ur cW `mVm a~~e ~=:= w >" w^ ~- w J W bD blN U-~ ¢'-' o ~z_ a FFm ~i=~°z Y acoa 2 _zm_ m ~,i cv Y 2 Q d ~~ O° Fvi~o w4°'m ~mUn d iia O>„- J¢~^_ W~~ ~ m Wn 0~ w H J W C~ (y[l ]]! G ~! I I r~ V w .~. wl DI Ci F C 3 F Y' z 3 F t a a ~'' l (, ~li, N m O h O v O i O i ~ O O N 'fir. '~ a ~', ~ A i ~~ LL j o C ' Wa o :w 0 oa - _°_-.a s ~,y o • RESOLUTION N0. f&4=93-~9R- Ps vc9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVi NG IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR TRACT NO. 11791 WHEREAS, the City Council of the C;tv of Rancho ruc amonpa, California, has for its consideration an Improvement Aqreement executed vn April 3, 1985, 6y Elite Oeve lopment Co. as deve loner, far the improvement of public right-of-way adjacent to the real property specifically described therein, and generally iocated on the east side of Archibald Avenue, north of Base Line Road; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject tv the terms thereof, is to be done in conjunction with the development of said real property as referred as Tract No. 11191; and WHEREAS, said Improvement Aqreement is secureA anA accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Rancho Cucamonga, California, that said improvement Aqreement and Bain • Improvement Security be and the same are hereby approveA and the Mayor is hereby authorized to sign said Improvement Agreemen*, on Aehalf of the Citv of Rancho Cucamonga, and the City Clerk to attest thereto, n ~J /d-/ • • -- CITY OF RADICHO CCCAMONGA w u.u~ STAFF REPORT ~'~ ~',~ x~\> y. ".A Z 19.5 BATE: April 3, 1985 III T0: City Council and City Manager FROM: Lloyd B. Flubbs, City Engineer gy; Barbara Kroll, Assistant Civil Engineer SUBJECT: Approval Improvement Extension Agreement for Parcel Map 4837 located on the east side of Amethyst, south of 19th Street submitted by Elaine Kohler Elaine Kohler, developer of Parcel Map 4837, has submitted an Improvement Extension Agreement to request a one-year extension for the construction of off-site improvements. An improvement Security Instrument in the amount of 510,000.00 is on file in the City Clerk's Office. RECOMIFNOATION It is recommended that City Council adopt the attached resolution approving said Improvement Extension Agreement and authorizing the Mayor and City Clerk to sign same. The new expiration date will be extended to February 12, 1986. Res psctf ully subr`~i tted, W ~ ~ L 9~:aa Attachments /~.~- 1 ,1 I I ~.._~_ `~ 1 SCSIC,I'• 50 r • NIxC iEEYiN Sip[Ci YOi ( S b.. 11 . -., ._ _ .. gAL[L ~ `.~I11 I i II ~ ~_ ' ~ 1I ~, I, a<NCCL • tN , f _S`, r I.I 1•~1•n• o~[L,S ~ I I, ,~. ''; ., '•~,- `~ TENTATNE ~ ,.,,. , „ . ,,,,,, 1'ARCLL bIAP NO. 4337 IN THE CITY OF RANCHO CUCAMONGA ~ •^•-^^ aunt . mvlvaY o! ~ PJRiion ar Loi 5, ewcn (, pr `°~- ••-'+ Cu[1NJNGf NON(SiE.O CSSJC~RLIJY, .3 N[CJRC[J iY SOOa ~( C! N.,V3. V.4C ai, RECCRCS C! S.X pE RY1R0iNO CCNNiY•C1LIfORN1. ... Ss. q•... 1 , /•.` ./ =- /r'v i•. Iii of t' _,_ f _Ngntt_,_,vrsu e,• .. r..f. .... /~3 /~ cln of RAncxo cpcAMpxGA IMPROVENEN7 EXTENSION AGREEMENT FpR • PPRCEL MAP 4837 KNOW ALL MEN RY THESE PRESENTS: That this agreement +s made and ontered into, in conformance with the provisions of the Subdivision Mao Act of the f,;tv of Rancho Cucamonga, California, a munit'oal corporation, by anA between the saiA City, hereinafter referred to as the City, and Elaine Kohler referred to as the Ceveloper, NITNESSETN: THAT, NHERE4S said Developer entered +nto an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires an extension of time tp comotete the terms of the said improvement agreement. NON, THEREFORE, it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the te.mis of the said improvement agreement fs hereby extended to February 12, !986. 2. increase ;n improvement securit+es to refiect current improvement cysts shall be furnished by the developer with this agreement and shall he approved by the City Attorney. 3. The repo fired bond and the additional or;ncioat amounts thereof are set forth on the attached sheet. • 4. All other terms and ConditfOns Of the Said imprpv eme nt agreement Shall remain the same. As evidence of understanding the orovi si ons conta`neA herein, and of intent to ccmply with same, the Deve loner has submitted the below described improvement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND 7escri ptipn: 4dditional Princ;pa~ Amount: None Surety: Address: MATER UL AND LABOR ROAD Description: Additional Pr+nc;oal 4mount: None. Surety: Address: CASH DEPOSIT MDNUMENT[NG BOND ~ Add +tlonal Cash Oeoosit: MAINTENANCE GUARANTEE BDND Principal Amount: V/A To Se uosted or iur to acceptance of the project by the City. wf f f ff f Mf f f RMRRRfRRRRRRRRRRRfRMf RMRRRRRRf f Rf 1RMf RRRRf twfff 1Rf Rt1Rff tMRRt C STY OF RgNCHO CUCAMONGA DEVELOPER , Elaine Kohler CALiF00.N1A, a municipal coroorat ion ~ ~ri~1 on ~ e s, ayor Attest: /~ y every u e e , ty er RESOLUTION N0. ~f9k-03b8R 9~ ~//c A RESOLUTION OF THE CITY f,OUNCIL Of THE CITY OF RANCHO CUCAMONGA, CRLIFORNIA, APPROVING IMPRnVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 4837 WHEREAS, the City Council of the City of Rancho Cuc amonga, Cal iforrtia, has for its consideration an Improvement Extension Agreement executed on April 3, 1985 by Elaine Koh~er as Developer, for the ;morovement. of public right-of-way adjacent t0 real property spec if ically Aescribed therein, and generally located on the east side of Amethyst, south of 19th Street; and WHEREAS, the installation of Such improvements, descrihed ;n said Improvement Extension Agreement and subject to the terms thereof, ;s to he done in conjunction with the development of said real prooertV referred Lo as Parcel Map 4837; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement, NOW, THEREFORE, BE IT RESOLVED 6v the Csty Council of the City of Rancho Cucamonga, California, that said Improvement Eztension Agreement and • said Improvement Security be and the same are hereby apprpved and the Mavpr is hereby authorized to sign said Improvement Agreement on behalf of the Cirv of Rancho Cucamonga, and the City Clerk tp attest thereto. /.~> • u CITY OF RAYCHO CtiC.1bi0~1GA STAFF REPORT DATE: April 3, 1985 T0: Mayor and Memhers of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Analyst 19ii SUBJECT: AMENDED AGREEMENT BETWEEd THE CITY OF RANCHO CUCRMONGA AND TON AND YOUNGBERG FOR TH DAY CREEK COMMUNITY FACILITIES DI ICT MELLO-R005 An agreement between the City and Stone and Youngberg, Underwriter for the above captioned program, was executed in January, 1985. Subsequent to the agreements execution the Bond Counsel far the program recommended that two changes 6e made as follows: Section C2. - the addition of "assignment of CUSIPs" as a cost to the Underwriter, and Section C4. - that the insurance premiums be paid for through the bond issuance expenses and not as an incidental expense of the assessment district. Mr. Stott C. Soller s, partner in Stone and Youngberg, has revised the Underwriting Rgreement in accordance with the recommended changes of Bond Counsel. RECOMMENDATION: Staff recommends that the amended agreement he approved by authorizing the Mayor to execute the Underwriting Agreement. ctfubmitted, Jack Lam, AICP Community Development Director JL:LD:cv Attachments: Amended Underwriting Agreement ~~c~.troyc Y ~% z,ii } ~ IA Z v ~ !.? G • aE V9EVC o:.~:~ ~ :~. E.:.~.v .E UNDERWRITI"1G AGRE EtdENT February 21, 1985 City Council City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Attn: lack Lam, Community Development Director Re: Underwriter's Agreement for Day Creek Community Facilities District Mello-Roos 64-1 Honorable City Council Memhers: This letter will serve as an agreement between the Cf ty of Rancho Cucamonga and Stone 8 Youngberg ("the Underwriters") to serve as Underwriters to the City until the parties enter into an actual Purchase Contract re9a rding the negotiated sale of bonds for the above-named project to be issued by the City pursuant to the Mello-Roos Community Facilities Act of 1982 as amended. . You have inforned us that the City intends to issue the Oonds to provide funds for financing various public improvements and for this purpose requires the services of the Underwriters to assist in the structuring of the financing and to enter into a Purchase Contract that is agreeable to the City and its financial advisor. As Underwriters we will use our best efforts to bring the Bonds to market at reasonable rates under then existing conditions. The Underwriters agree to undertake the below listed services and functions. A. Structuring and Financing 1. The Underwriters will work with Che City to create the most feasible and efficient structure for the marketing of the Bonds. 2, The Underwriters will work with the City's bond counsel in recommending specific terms and conditions affecting the Bonds. 3. The Underwriters will prepare an Official Statement on behalf of the City (preliminary and final versions, respectively) for sale of the Bonds. Although it will be the responsibility of the Underwriters to prepare the Official Statement, the City agrees to participate in its preparation by providing pertinent information to be included therein and agrees to review the Official Statement for accuracy as it relates to matters concerning the Oonds, the improvement project, and the City. The Official Statement will include a description of the Bonds and their security and pertinent financial and economic data. The execution and delivery of the Official Statement will be duly authorized by the City for use in marketing the Bands. ONE CALIFORNIA STREET ~ SAN FRANCISCO. CALIFORNIA gnn ~ (tl57 9Bb1]A la 7 City Council City of Rancho Cucamonga February 21, 1985 Page - 2 - A, if the City so requests, we wiil assist in arranging the selection of a paying agent. B. Marketing the Bonds: At the designated time for the sale of the Aonds, the Underwriters will submit an offer to the City to purchase the Bonds, subject to pertinent resolutions, the Official Statement, and all other necessary documents, approvals, and proceedings governing such Bonds having been determined by bond cou nsei, the City, and the Underwriters to be satisfactory in all respects for financing purposes. It is intended that, once purcira sed, the Bonds will be re-offered to the public on the basis of an immediate "bona fide public offering". The Underwriters may farm a group of investment 6a nking fi rns for the purpose of underwriting and selling the Bonds. At least one day prior to the submission of any Such formal offer to the City for the purchase of the Bonds, the Underwriters will indicate to the City the interest rate or rates, the purchase price from the City, and public offering price of the Bonds which we then • estimate will be included in such offer. If, after nego tiation5 in goad faith, the City and the Underwriters fail to agree on the terms of sale of the Bonds, and upon written notice to the Underwriters the City may then offer the Bonds for sale to Others. C. General Provisions Relating to the City and the Underwriters: The City agrees to make available to the Underwriters without cost, sufficient copies of any applicable reports, agreements, contracts, resolutions, and other relevant documents pertaining to the improvement project, the City or the Bonds as rea sona6ly may be required from time to tine for the prompt and efficient performance by the Underwriters of their obligations hereunder. 2. The Underwriters shall pay their own out-of-pocket and other expenses, including the cost of Underwriter's Counsel (if appl icablel, Blue Sky and Investment Memorandum, printing of the Offical Statement, assignment of CUSIP s, and any advertising expenses in connection with the public offering of the Bonds. 3. The City shall pay from the proceeds of the Bonds all costs and expenses customarily paid therefrom fncluding the cast of printing the bonds and the Official Statement, and any other documents, the fees and expenses of its legal counsel, bond counsel, accountants, architects, engineers, and of any other experts or consultants . retained by the City in connection with the financing. /a P City Council • City of Rancho Cucamonga February 21, 1985 Page - 3 - 4. It is expressly understood and agreed and the City hereby recognizes that in performing its activities the Underwriters are acting solely on their own behalf and plan to submit to the City a proposal to purchase the Bonds for resale. Nothing herein shall be construed to make the Underwriters an employee or financial, fiscal or other advisor of the City, or to establish any fiduciary relationship between the City and the Underwriters. It is understood and agreed that the City shall not be required to compensate Underwriters for services provided to the City under this agreement if the bonds are not sot d, If the Bonds qualify for bond insurance, and the City elects to issue the 9onds with such insurance, the City shall include the insurance premium as a cost of issuance of the bonds. 5. This agreement shall extend to the date of sale of the Bonds as contemplated herein, when the formal bond Purchase Contract is entered into by the parties. 6. Nothing herein shall prohibit Stone A Youngberg from acting as Underwriter or ff na nc ial advisor to the City or its Redevelopment • Agency on other financings. 1, Upon termination of this agreement, the City shall he under no further obligation to the Underwriters hereunder. Upon your acceptance set forth below, this letter wilt constitute an agreement between the City and the undersigned. very truly yours, STONE & YO'JNGB ERG Scott r,. Sollers Partner Accepted this _ day of 1985 By: SCS:crq (0165s) /d9 • • CITY OF RAtiCHO CtiC~1AfOtiGA STAFF REPORT DATE: April 3, 1985 T0: Mayor and Members of the City Council FRCM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Analyst SUBJECT: REQUEST OF STATE FOR 5150 000 000 IN MORTOAOE SUBSIDY 8 ND ALL CATION FOR 986 19" In order to initiate a Home Mortgage Revenue Bond Program for 1986, it is necessary for the City of Rancho Cucamonga to make a formal request to the State for a 1966 allocation. In order for an application to be accepted as complete, the State Mortgage Bond Allocation Committee (MBAC) requires the following three (0) items: 1. A completed MBAC application. 2. A certified copy of a resolution adopted by the local agency which authorizes a bond program, and 3. C,ertif icat ion from the City Manager that the local agency has on deposit an amount equal to 1/7 of 1% of the total bond request. Item number 1 has keen completed by Staff. The necessary resolution and City tAanager certification are contained in your packet for this evenings consideration and approval. RECOMMENDATION: Staff recommends that the City Council formally request from the State a $150,000,000 Mortgage Subsidy Bond allocation by adopting the attached Resolution. Respec tfull submitted, ~V ~ ~ __._ ~..~ Jack Lam, AICP Community Development Director JL:LO:cv Attachments: Resolution Exhibit "A" - Certification Notice C,~Cn,NpY C9 ~-' Y z I~ ~. _ ~ x z 1.7 ~ • RESOLUTION N0. ~-4-93-2~R Ss -/// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING APPLICATION FOR ALLOCATION OF MORTGAGE SUBSIDY BONGS Af10 FILING OF NOTICE OF SAL'c THEREOF WITH MORTGAGE BOND ALLOCATION COMMITTEE, AUTHORIZING EXECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDII4G OTHER MATTERS PROPERLY RELATING THERETO CITY OF RANCHO CUCAMONGA RESIDENTIAL MORTGAGE REVENUE BONDS RESOLVED, by the City Council of the City of Rancho Cucamonga, California, as follows: WHEREAS, both the City and the Rancho Cucamonga Redevelopment Agency have undertaken programs and have issued qualified mortgage revenue bonds to finance the purchase of mortgages made to finance single-family owner-occupied homes constructed within the City and the Agency, respectively, and the City and the Agency may each desire to issue additional qualified mortgage revenue bonds (the "Bonds") to finance the purchase of additional mortgages; and • WHEREAS, to obtain an allocation to issue the 9onds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City, for itself and on behalf of the Agency, must file, pursuant to the Costa-Marks Housing Bond Allocation Act of 1982, as amended (the "Costa-Narks Act"), a notice of sale of the desired principal amount of the Bonds proposed to be issued with the State Mortgage Bond Allocation Committee, all or a portion of which allocation the City proposed to assign to the Agency; and WHEREAS, in addition, in order for the City to obtain such an allocation, the Mortgage Bond Allocation Committee requires that the City cause evidence of the deposit of an amount of money or, in lieu thereof, of a letter of credit, securing such amount, which amount shail be subject to forfeiture and application by the City to assist housing for persons of low and moderate income within the City upon the failure to sell any or only a portion of the Bonds; and WHEREAS, developers within the City and the Agency desire to provide the deposit required to be made in order to obtain such an allocation, such deposit to be subject to the terms and conditions described in Program Deposit Agreement between such developer and the Agency; and WHEREAS, the City desires to use for purposes of deposits by the developers the Program Deposit Agreement previously approved by the City's Resolution No. 83-160, adopted September 7, 1983. CJ l3/ NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as • follows: 1. Application to the State Mortgage Bond Allocation Committee for an allocation for the Bonds under the Costa-idarks Act is hereby authorized and approved. 2. A notice of sale of 5150,000,000.00 principal amount of such Bonds is hereby caused to be filed by the City Clerk with the Mortgage Bond Allocation Committee. 3. The Program Deposit Agreement previously approved by the adoption of the City's Resolution No. 83-160, adopted September 7, 1983, is hereby approved for use in connection with the collection of deposits from developers, as required by the Costa-t4arks Act. 4. The Lity Clerk shall cause to be delivered to the Mortgage Bond A 17ocation Committee a certified copy of this resolution, together with a certificate executed by the City Manager and substantially in the form attached hereto as Exhibit A, and hereby made a part hereof, to the effect that the City has on deposit in an interest-bearing trust account or, to the extent applicable has secured by a letter of credit an amount which equals 1/2 of 1% of the principal amount of the Bonds requested for allocation. PASSED, APPROVED, and ADOPTED this 3rd day Of April, 1985. • AYES: NOES: ABSENT: don D, I4ikel s, Mayor ATTEST: Beverly A. Authelet, ity Clerk CJ /31 I, BEVERLY A. AUTHELET, CITY CLE0.K of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular {special, adjourned) meeting of said City Council held on the 3rd day of April, 1985. Executed this 3rd day of April, 1985, at Rancho Cucamonga, California. Beverly A. Authe et, City Clerk J l33 • CERTIFICATION REGARDING NOTICE OF THE MORTGAGE BONO ALLOCATION COMMITTEE The City of Rancho Cucamonga hereby certifies to the Mortgage Bond Allocation Committee pursuant to the requirements of Section 50191 of the Costa-Marks Housing Bond Allocation Act of 1981 (the "Costa-Marks Act"), as follows: 1. The City did by Resolution adopted on April 3, 1985, order the filing with the Mortgage Bond Allocation Committee of a notice of sale and request for grant to the City an allocation of mortgage subsidy bonds in the amount of 5150,000,000. 2. The City has on deposit in an interest bearing trust account an amount equal to 1/2 of 1 percent of the dollar amount set forth in paragraph 1 hereof, which deposit is subject to the forfeiture provisions of the Costa- Marks Att. 3. The City requests the grant of an entitlement allocation of 520,000,000 and a supplemental allocation of 5130,000,000. • 4. The City Manager of the City of Rancho Cucamonga has been duly authorized and directed to execute and deliver this Certification pursuant to resolution of the City duly adopted on April 3, 1985. A certified copy of said resolution accompanies this Certification. CITY OF RANCHO CUCAMONGA By Lauren M. Wasserman, City Manager /34 1! l • CITY OF RASCHO CtiCAMONGA ~icn,yo STAFF REPORT ~~/%~, Y ~~ ~ ~. ~ L ~ A _ Z 1a ~ DATE: April 3, 1985 T0: City Council and City Manager FROM: Lloyd 9. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer SUBJECT: Request to release security for Assessment District 92-2 submitted by the developer of Tract 10088, Joseph Nicosia, Lee Nehb and Lvman Sutter Tract 10088 is no longer included in the Alta Lana Channel Assessment District. The developer of Tract 10088 is requesting release of a Letter of Credit in the amount of E45,705, 17 which is being held for guarantee of payment for Alta Loma Channel Assessment District No. 82-2. Tract 10088, located on the east side of Archibald Avenue at the North h ty Limi±s, is no longer included ;n the Rs sessment District. The developer will band for the storm drain improvements or for to recordation of the map. RECOIMEND11TI0N It is recommended that City Council authorize the release of the attached Letter of Credit. Respectfully su mitted, ~ L8H :9M//,j~aa VVV v Attachments l3Y G vJw•'~ i , • RECORDING REpUEHTED BY .4ND WHEN RECORDED },A iL T0: CITY CLERK CITY OF P.ANCHO CL'CAMO)1GA 9320-C Base Line Road Post OE_'ice Hox ROi Rancho Cucamcnca, Cal if ocnia 91'30 GC;.3:+::T°E O? P?,YS:EC'^ hGRE E.'E.•'I THIS nGREENENT. made and entered into th 15 ,12~ day of UFJST 1952, by ar.d be twee n,fOSEPH ~I[aSil LEE LVE461•1YM11fJ SU71'EA (herelnaf ter re'_a[red to as 'beve lope r"), antl the CITY OF RANCHO CCCAAO NGA, CALLFORB IA, a manic ioa". corporation (hereinafter :ef erred .,o a5 "Ci ry"), ,rov ides as follows: .~EREAS, the City is considea ne the fo cma tior ;f a special ' assessmen t•dis tr ict `ar the cons ^_c uc tion and ins to ll acic:. of certain storm drainage improvements, together with anpur tena aces and aopur tenant work, 2ursuant b the crow is ions o? the "Nun:=lpa1 Improvement Act of 19:3", hero? Division 12 of [he Streets and !tiahways Code of the State • o`. Caiifo rn_a, said special assessment distr_at known and desia na ted as: ASSESSMENT DTSTRICC' ::0. 32-~ (ALTA LCMA FLOOD CON^..R JL C'ri~NSEL) ~ ,v` __....__2_ _-___^2d ... .. ". t!:° "A.S S25s:".•_.... D-~-. _.._ .. 3::d ::'HEREAS, at this tlme [he C does co` 'race sufficis^.: funds t0 p3'( tae COS`_5 dad expenses °Or•CC^.S li `_:.^.] SEtV1CE5 CC CC': d: t.`.e ^ecessa r}• services for the fel:o•.: icy: A. Dasian Eny lneerinc; 9. Assessment Englne?rang; C. Band Corns e:; and Developer does not have Buff is ien_ funds to '_oan to the City to cove: said services; however, said Oeve icper is aareea ble to guaranteeing the payment of sa .d consulting services : for any :aason the oreceed Tags are abandoned pr_or to conf Irma tton and there •s no successful sa ie of bonds; and ''+.;;ER~'~:. it is mu taall; unde rsnood that all consulting services for the above-r eferen~ed Assessment District shall be in- cluded with the bond issue and become an incidental expense of the oroc_edings, but ': thz orcceed:nes are abandoned prior to maturity, the obl:ga ^_lons inc u: :ed Eor consu ding seryic es to date shall be the so ie respo nsibl:: 27 and cbliga [ion o£ Developer: and WHEREAS, Ci t~ and Developer are agreeaSle co enter into [his Agreement to provide ^.he guarantee by Developer that if for any reason the proceedings are a'ua ado red, Deve Loper sha :: pay his proporiiona ce share of the costs and expenses for the above-referenced consulting services. NOW, THEREFORE, IT IS HEREBY MOTL'ALLY AGREED BY THE PARTIES AS FOLLOWS: /36 1 '" ~ ve reci~.+~< are all true ~- ~ t. 2 'Chat if the proceedings fcr the above-referenced Assessment District are abandoned pr.or to a successful conf:rma tio• or there is no successful sale of bonds within three (3; years from the date of this Agreement, Deve'_aper sha 11 nay to City ha propor- tionate share of all consul ti rg services into r-_ed to date .~,i ;bin six ey (60) days of request by the City. 3. For particulars as to the DevelOpe is percentace share of responsibility, reference is made to the attached and :ncoroo ra Led Exhibit "A", which Ex!:i bit sets forth the pronor t:ona to shut of all expenses incurred that wi'_1 be the res oe nsibil ity of Developer. 4. The provisions of this agreement shall be secured in the amount Shown in Exhibit "A" by acceofa ble bond surety, letter of credit or other means acceptable to the City cng~reer. 5. If the proceedings are successful, and there is a con- firmation of assessments and a successful sale of bonds within three (3) years from the date of this Agreement, then this Agreement sha 11 be null and void; otherwise, it shall remain in fu 11 force and effect. 6. This Agreement and guarantee shall be bi rding on all heirs, executors, administrators, successors and assigns of each of the Par a es hereto. 7. *f legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder. The nrevai li ng ?arty shall be entitled to recover iCS eoses and such reasonable attorney's fees as shall be awarded b}' gibe Court. • A. In cons idera Lion 'of payment by Deve loner of expenses foz consul giant services in the amount scown in Exhibit "A", the City shall agree to credit said amount to arp' dra inace fees or assessments which may become due on the parcel described :n Exhibit "3" at some fu lure date. IN WITNESS WHEREOF, the Parties hereto ,^.ave exe cvted ibis Agreement on the day and year first herei na bo ve wrnttz n. "C1^Y" CITY OF RANCHO CUCRNONCA, CALIFORNIA, a municipal coYpora Lion ~..~7f~`~i6(.t.L~ MAYOR a :'TEST: ~~ • "DEVELOPER" SY: ~M4.. ~iL. J ~~ l37 zt ~'•~_ . r~ u F~IIBIT "A" Tract Developer Acres IJesign Assmt. 9441 City of Rancho Cucamonga 40.8 $22,521.39 for Kingsley Cormunit ies 11609 City of Rancho Cucartnnga 6.89 3,803.24 Cor Kingsley Cmmmities 9649 Lendrrerk Invesmen is 22.4 12,364.69 Alta Lane North A Cali t'o rnia Ltd. Pe rtnership 10045-1 Ssm 4ngona 18.8 10,377.50 Rest land entures 11625 Roberts Group 7.0 3,863.96 11933 Rood land Pacific 95.5 52,715.51 Dick Scott 10046 The Arden Group 18.9 10,432.70 E.S .Rosenfe ld 10047 The Arden Group 27.2 15,014.26 E. S. Rosen Celd 10088 Joseph Nicosia,Leeweb 3 82.8 45,705,17 Lyrfen Sutter 11928 Dominic Sal vyti 5.8 3,201.57 (Sheffer-4vestland) Total 326.09 18,000.00 $551.995/Acre !38 CALIFORNIA ~ ~ LOE gNGELES INTERNgTIO NqL Of- ,TIpryS CENTER I~„~. ,~ Y. 0. 90%3<OSI,TER MIN qL gNNE% ' FIRST BANK LOS gNOELE 3. CA. 9003a c+eLE +poR ESS. c+Lf~RSr .. September 7, 1982. . _CRS OI TTY ."•9~e STA_V'D-BY o. ISa,I.,~.,Nq o. ,°aa,,,~..,. IRREVOCABLE/ft96YME~17 cCRED1T 033-LCS-226,103. ~ - .L.~.. ~.c aqN ~ _..-o. ... _... _ DIRECT. ~ 3EN EFIC I:..iV g City of Rancho Cucatmnga 9320L Baseline Road ~'a P.O. Box 807 ~~,°" Rancho Cucannnga, California 91730. Joseph G. Vicosia, Lee 0. Webb, Lyaan Sutter 505 Y. Tustin Ave., =170 Santa Ana, California 92705. +M OVNT~ FORD FIVE THOOSA&D SLT'EDi H[1VT1RID 17/100 U.S. DOLLARS. FIVE A.VD September 1, 1985 at the counters of the drawee bank ~' :'~ Gentlemen: stand-by °''~ We hereby issue in your favor th i~ credit which v available by Payment: f your draft lsl a[ - - ' - - ' ' ' - __ - - sight. ~'~, drawn on California First Hank, Saddleback Office, `mss '. bearing this uedit number, date of issue and name of issuing bank when attompanied by dpdpl: e / a ~~ -A signed statement by an authorized signer of the City of Rancho Cucamonga, California certifying that the proceedings ~~~ for Assessment District No. 82-2 (Alta Loma Flood Control -I Channel) are abandoned and that no successful sale of bonds ~' has been completed prior to the expiration date of this • ~~ agreement, and that the amount drawn under this letter of credit (up to the maximum amount shown) represents the applicant's proportionate share of all consulting services ~I~ incurred by the City of Rancho Cucamonga in connection with ~, the abandoned proceedings for Assessment District NO. 82-2. ;~ This letter of credit may not be drawn upon for any amount _, prior to September 1, 1983. :, z' is ~I ~I 'I VI a. :i 0 40VIS LNG BgNN~S NOTI FIL gTILN . rN[ x~f C.[DIT .T rw{O.,W[[.+n FfV• w{Wif Y' ;, :7~ Via,...,.... N.. °N.,a. '~ /39 "'°' CITY OF RAtiCHO CtiC:1~I0\GA STAFF REPORT eaTE: apr; l 3, 19x5 T0: Ma;~or and tAembers of the City Council FROM: Pick Gomez, City Planner 3Y: Dar. Coleman, Senior Planner ` G~G.tfptf //~ ~ c r y --,y-- i SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85-01- 8 - LAC DEVELOPMENT - A General Plan Amendment from Metl ium Residential du /ac) to High Residential (24 v0 du/ac) for a senior citizen apartment protect on 4.15 acres of land located on the west side of Amethyst, north of 19th Street - APN 201-232-24. ENV IP.ONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 8 - - TAC DEVEL PMENT - A Development District Amendment rom ed ium esidential (4-14 du /ac) to High Residential (24-30 du/ac) and Senior Housing Overlay District for a senior citizen apartment project on 4.75 acres of land located on the west side of Amethyst, north of 19th Street - APN 201-232-24. S BACKGROU'JD: The Planning Commission held public hearings on March 27, 985 to consider the above-described items and recommended approval of the General Plan Amendment and Development District Amendment (zone change). In addition, the Planning Commission approved the related Development Review 85-01 contingent upon City Council approval of the Development Agreement, General Plan Amendment, and Development District Amendment. The proposed amendments are consistent with the General Plan and Senior Housing Overlay District. Environmental impacts were determined not to be significant because of mitigation measures designed into the project, as explained in the Planning Commission staff report. RECOMMENDATION: The Planning DOmmiSS ion recommends that the City Council approve General Ptan Amendment 85-018 and Development District Pmendment 85-01 through adoption of the attached Resolution and OrdQnance and issuance of a Negative Declaration, / /`~ ~espe//c/t_u1Ty suhmitted, Rick Gomez City Planner Attachments: Planning Commission Staff Report - March 27, 1985 Resolution yyo . RESOLUTION NO.-P-hGS='4'R ~ a' - /~>' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO C UCAMONGA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 85-Ola, AMENDING THE ADOPTED LAND USE ELEMENT OF THE RANCHO CL'CAMONGA GENERAL PLAN, AMENDING THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL FOR 4.75 ACRES OF LANG LOCATED ON THE 'REST SIDE OF AMETHYST, 110RTH OF 19TH STREET - APN 201-232-24 WHEREAS, the City Council has held a duly advertised puhlic hearing to consider all comments on the proposed General Plan Amendment. SECTION 1: The Rancho Cucamonga City Council has made the following findings: 1. That the Amendment does not conflict with the Land Use Policies of the General Plan. 2. That the Amendment does promote goals of the Land Use Element. • 3. That the Amendment would not be materially injurious or detrimental to the adjacent properties. SECTION 2: That the Rancho Cucamonga City Council does hereby approve General Plan Amendment No. 85-016 and the Land Use Map shall be amended as follows: Assessor's Parcel Number 201-232 -24, approximately 4.75 acres in size and located on the west side of Amethyst, north of 19th Street, shall be changed from Medium Residential (4-14 du/ac) to High Residential (24-30 du/ac). SECTION 3: A Negative Declaration is hereby adopted for these General Plan Amendments, based upon the completion and findings of the Initial Study. /'// Resolution No. P-4-03-R Page 2 PASSED, APPROVED, and AUOPTEU this 3rd day of April, 1985. AYES: • NOES: ABSENT: ATTEST: Beverly A. Authelet, ity Clerk Jon o. Mike s, Mayor I, 9EVERLY A. AUTHE LET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on the 3rd day of April, 1985. Executed this * day of *, 19* at Rancho Cucamonga, California. ever y A. Authelet, ity Clerk iyi • • • ORDINANCE N0.-P=fiff,;=^-ff' .?SS AN ORDINANCE Of THE CITY COUNCIL OF THE CITY OF RANCHD CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201-232-24 LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF 19TH STREET, FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL AND SENIOR HOUSING OVEPLAY DISTRICT. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Plann inq Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with Lhe o6j ect fives of O the Development Code of the City of Rancho Cucamonga. 0. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the development district map is hereby amended accordingly. Assessor's Parcel Number 201-232 -24, approximately 4.75 acres in size and located on the west side of Pmethyst, north of 19th Street, is hereby changed from Medium Residential (4-14 du/ac) to High Residential (24-30 du/ac) and Senior Housing Overlay District. SECTION 3: The Mayor shall sign this Ortlinan ce and the City Clerk shall cause the same to 6e published within fifteen (16) days after its passage at least once in The Oaily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. /YJ Ordinance No. P-4-D3-5-0 Page 2 • PASSED, APPRDVED, and ADOPTED this 3rd day of April, 1985. RYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 3rd • day of April, 1985, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the * day of *, 19**. Executed this * day of *, 1985 at Rancho Cucamonga, California. Beverly A. Authelet, City Clerk n U vv u J c/ -~~~r. STAFF REPORT ;~~~ ~~. ,. / ~. ti> - =Y~~ Y 3 J DATE: March 27, 1985 ~~ T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85-01- 8 - TAC DEVELOPMENT - A General Plan Amendment from Medium Residential 4- du/ac) to High Residential (24-30 du/ac) for a senior citizen apartment project on 4.75 acres of land located on the west side of Pmethyst, north of 19th Street - APN 201-232-24. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT M NDMENT 8 -0 -TAC D VELOPMENT - A Development District Amendment from Medium Residential (4-14 du/ac) Lo High Residential (24-30 du/ac) and Senior Housing Overlay District for a senior citizen apartment project on 4,75 acres of land located on the west side of Amethyst, north of 19th Street -APN 201-232-24. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 85-01 - TAC DEVELOPMENT - The development of a senior citizen housing project totaling 168 apartment units on 4,75 acres of land in the Medium Residential District (Proposed High Residential/Senior Housing Overlay District) to be located on the west side of Amethyst, north of 19th Street - APPI 201-232-24. I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of General Plan Amendment, Development District Amendment, site plan, elevations, and issuance of a Negative Declaration. B. Purpose: Development of 168 senior citizen apartments. C. Location: West side of Amethyst, north of 19th Street (Exhibit D. Parcel Size: 4.15 acres. E. Existinq Zdning: Medium Residential. F. Existinq Land Use: Citrus orchard. ITEMS D, E & F /ys PLANNING COMMISSION STAFF REPORT GPA 85-O1-B/DDA 85-01/DR 85-01 - TAC Development March 27, 1985 Page 2 G. Proiect Density: 35.4 du/ac. H. Surround in Land Use and Zon in North - Vacant proposed freeway); Low Residential. South - Retirement Home, nursery, single-family residences; Medium Residential. East - Fire station, post office; Medium High Residential. West - Condominiums; Medium Residential. I. General Plan Designations: Project Site - Medium Residential. North - Low Residential. South - Low Residential. East - Civic/Community. West - Medium Residential. ~. Site Characteristics: The site slopes moderately to the south at approximately -5 grade. Existing vegetation consists of Eucalyptus windrows along the north property line and Amethyst frontage. Ah and oned citrus grove covers the remainder of this site. II. ANALYSIS: A. General: The proposed senior citizen apartment complex consists of 168 one and two bedroom units in a total of four buildings. Each building contains elevators, laundry facilities and a lobby, The buildings have been arranged on the site to create a central open space area with complete recreation facilities and to buffer the open space from future freeway noise. Access to the project will be provided from Amethyst Avenue near the southerly property line, with emergency secondary access provided near the northerly property line. Parking has been provided at a ratio of one space per unit. General Plan Amendment and Develo ment District Amendment: The applicant is requesting a Genera an endment an Zone Change from Medium Residential to High Residential with a Senior Citizen Housing Overlay District. Pursuant to the Senior Housing Overlay District guidelines, the City Council reviewed the appropriateness of this site for senior apartments in terms of locational criteria relative to services for senior citizens. The attached Exhibit "C" indicates nearby shopping, medical, and other services. The City Council, at its meeting of October 11, 1984, indicated that the subject property would be appropriate for Senior Housing Overlay District status provided the applicant supplied a shuttle van service for the residents. • • • /Y~ PLAtJN ING COMMISSION STAFF REPORT GPA 96-01-9/DDA 85-0i/DR 85-01 - TAC Development March 27, 1985 Page 3 • The current Medium Residential (8-14 du /ac) designation on the site would allow development of up to 66 units. The 168 apartment units proposed by TAC Development sill increase the permitted density by two-fold to High Density Residential and includes approximately a 20% density bonus as provided for by State Law and the City's Senior Housing Overlay District guidelines. The increase in density is Che primary incen Live offerred by the City to facilitate construction of affordable senior citizen rental units. C. Design Review Committee: The project has been designed to meet the needs of senior citizens as established by the Senior Housing Overlay District including, passive/active recreation facilities, buffering from noise sources, and accessibility. The Design Review Committee focused upon providing adequate amenities for Lhe senior citizens. The Committee was concerned that the original recreation building size was inadequate to provide sufficient meting and hohby rooms. The applicant has responded by expanding the recreation building to provide a total of 2,372 square feet, including a large multi-purpose room with complete kitchen facilities, and two separate activity rooms. The Committee also recommended that shade • structures, barbeques, benches, and similar amenities be provided for the use and enjoyment of the residents in the common open space area. These facilities are indicated on the revised site plan, Exhibit. "D" and will be conditioned. In addition, the Design Review Committee recommended that dense landscaping be provided around the project perimeter to buffer the senior apartments from freeway noise and to buffer the adj ac cnt res.d ential developments to the west and scuth from the three-story apartment build inys. Special landscaping treatment should also be provided between Amethyst and Building No. 1, including the proposed retention basin. D. Grading Committee: This site is located adjacent to Amethyst venue which is subject to seasonal flooding. To mitigate this concern, the project has been designed with a detention basin adjacent to Amethyst Avenue to limit peak flows from the site to the predevelopment flow rate, see Exhibit "N". Engineering Division has reviewed the hydrologic calculations for the basin and determined that it is adequate in size and design to mitigate this concern. Therefore, the Graw ing Committee has granted conditional approval of the conceptual grading plan subject to review and approval of the final grading plan. E.• Environmental Assessment: Part I of the Initial Study has been comp eted y the app is ant. Staff has completed Part II of the Environmental Checklist and has determined that although the project could have significant impacts fn terms of flooding, density increases, and noise exposure, these impacts have been effectively mitigated through the project design and conditions of approval. Therefore, Staff recommends issuance of a /V~ PLANNING COMMISSION STAFF REPORT GPA 85-O1-B/DDA 85-01/DR 85-01 - TAC Development March 27, 1985 Page 4 • Negative Declaration based upon the mitigation measures as described in the attachment to the Initial Study, Part [I. III. FACTS FOR FINDINGS: The proposed General Plan Amendment, the Development District Amendment and project design is consistent with the General Plan, Development Code, and Senior Citizen Housing Overlay District requirements. Further, the construction of affordable Senior Citizen Housing promotes the goals of the City's Housing Element and Senior Housing Overlay District. The project will not be detrimental to adjacent properties or cause significant adverse environmental impacts because of mitigation measures included in the project design or required as Conditions of Approval. In addition, the proposed use, building design and site plan, together with the recommended Conditions of Approval are in compliance with the applicable provisions of the Oeve lopment Code. IV. CORRESPONDENCE: This item has been advertised as a public hearing in The Oailv Report newspaper, the property posted, and notices mailed to property owners within 300 feet of the project site. Further, this project was reviewed by a subcommittee of the V.I.P. Senior Citizens Group. The subcommittee supports approval of this project at this location and offerred specific recommendations for amenities and features within the apartment units which are • reflected in the Conditions of Approval. V. RECOMMENDATION: If the Planning Commission can support the Facts for Findings as listed in the attached Resolutions, then approval of the Generai Plan Amendment, Development District Amendment, and Development Review and issuance of a Negative Dec iaration would be appropria Re a submitted, c Gomez it Plan er RG:OC:ns Attachments: Exhibit "A" - Location i4ap Exhibit "B" - Site Utilization Exh i6 it "C" - Service Map Exhibit "D" - Site Plan Exhibit "E" - Eievat ions Exhibit "F" - Fiuorp laps Exhibit "G" - Recreation Bu old ing Exhibit "H" - Grading Plan . Exhibit "[" -Initial Study, Part I[ Resolutions: GPA 85-01-8 DDA 85-01 DR 85-01 /v8 I i; :~ i. ~~ p a u: V ~II I~ ~ V T;ORTH cIT~~ or RA\CHO CLG1~I0\G.~ PL~~ti~`(~G DI\'ISIO\' ITL.\I~ 7~ - Sf.V/aG 1~%vis~.VG TITLI:~ GcrATleitJ M.4ro5 GXHICIT ~_ SCALE ^' /Y5 iiADiU5 l53P.:' DEVELOPMENT DISTRICT MAP __ V-: CANT ~ PKOPDS'EO M ,Y-3 ~! _ __ W __ ~~ --~ ~ M R,s i ,i'~ fe,~~;tY ~', ~. f °s ru's,v 'E5 ~i ~ i 1 IZI h \ e F.ZEE WAY L /iii//~/// /SUQ /fCT PROPERTY i.M~/ii / L/1"QU5 p.7p/E ~OEAO~ /~ MH /////// E X /ST/NG i I, RET/REM'r W _' FAM, n/Uq$EQ?"' Hp.41E r,vc~s M ~ OP s/vcc ~ REAL RES~ EsrarE .. c~ficE SINGLE FA,N/:V RE5/JEn'T/AL L GENER4^^L PLA vV \ORTH CITY OF iTr;,~l: fi}G' SEN/0~Z DUa"N(q RA\CHO CL;CA~IO\G/~ TITLF. S?E ~7IL~Z4~0~ • PLAVIVItiG DIVISION E~HIRIT:_~_$CALE /JO • 1) 19tH b Archl Dald - k mile 19) 19Th b Beryl - y tulle 2 , 3), 8 9) Baseline b Archl Dald - 1 mile ~ 20) Baseline 6 Amethyst - 3/4 mf le I 5~ Footh111 6 ArcnlDala - 2 miles 6) 8 7) FootMll - 24 tulles 8 FootMll - 2.6 tulles 9 FootMll - 24 tulles 18), 11), b 14) -Basellne b Grnellan - 1 3/4 miles tigRTH 12) Baseline - lk tulles 13) Basel the - 14 tulles 18), 16), 17), ~ 18) 19th b Carpel len - 1 mile ~ ~-_ _ -- I_ I L _ _ I l____1 i .. _ JCanYn+i_ .. _ _ I I I i I ~ I I I ~~ f~ I. !~ i {i ._]9th Sirce.4 `(151 (16) I ~ I ~~I q i d I~ ~~ ~ E ~ I V 6 I ~~ I ~~ ~ r,.., , f. _ _ Baseline Rd' _ ___ '_"'_ ' ____ ]~ 6, of t~.4 II N... I li - . ... .. .. _ G+• p .~,t 13) I ~ I a(1C) .....` '(121 {m...~..u I I ~ ~; 1' ~ I_ I ~i i.. --r~ ~-~~,oa, i ~~„««,al ~.,. ! IF -- -..: Fn9iF L x nor ra scafc i~~r~^r?~d41~ _-j t CITY OP (Tf:~): `~' ' ~Ea+oR flGffA~s RA1CH0 CL'C~1~I0\GA TITLF ~~~~~~y PLANNING DIVISION` s~HIRITI~SC:4(,r / sy 1N3WdOl3A3O OVl `JNISf70H 2101N35 ~--~J ~~ ~~;~ ' `~~r- J\~ ,: _~+'~~ ;, :3 ' j ~}-`, 1., .~dr , ~. • ~ n ij u i ~< Nd °o ~~~ Illmm°n~ ~ ,~_~ _.: .m~W m 1-N=Sid y~jp00 WWS¢CCp ~090p~2 6W Wn00~ ~ Onb~Nn= ~6O Y - r00 f non o ism • W a 0 J W W D U a i- z N O S O 2 W (Il ~`` V 2 O H 4 w J W r z N /53 \~ V~ '~`~ V :"a -_;: -- N _ _ 2 W N _. __ V :1 _. _a. M^ J~ 2 ~• i 0 F 0 • _ ~'~I'fl ..l'r ._v~_'Z isy • u ~~ 1N3WdOl3A30 Otll ~JNISIION FlOIN3S U' o, J ~ ~ - 7¢ m O F~ N _ t. „ z„ ~.. ~ _ ~ N 4 ,_, J ~ Q 'a ~ N m0 FN 1 l LL~~ N \~~ te ~ 7.. ~- ` n -C ~ N 4 ` ~.__~ ,, 1 Q ~ Q U ~ O u R ~ LL \ F- - y ~ C 1 9 (~ ~ ! i LL ~ ~, a r ~1 iss ~. ~s r ..~ 1N3Wd033A3a OVl `JNISNON aOIN3S Olif19 llNfl 1 gaols e ) •~6 `JNISf10H lfOIN3S OVl • .. __ I - _ _ _ y `J, - ~ `~ - ~ ~ .~ ~_ ~ -~_ ' a ~ .~- ~ _ ° •~~.:__ _- ~- N a _ z . Q ti_ , a ., ®~z- ~ _ ~_ 2 - A J :~ , a ,s~ ~ ~ FLOOR PLAN: a>ra m. rr. , ELEVATION ~'Xl~lB~7 ~~ ~ ~ ~ SENIOR HOUSING, TAC DEVELOPMENT ~s S ~' ~_~-_~_ _____~~ s<s*'o/ e~e 5 [CT'OJ r. .,i_,_ ~y; - ._ ,.. .I- r----,~.~ `_ _~-• s<<-~J ~ = \Y~RTH ~~ ._ ^~~ k~, Ul CITY OP ITF'~f :~ RAI~CI~O CL'G~:~~10\(~A TITLE;+ (~'~~~~~~~F~ PLAi~lNING DIVLSIO;~1 E\HIIIIT:_~_SC~LE is9 C ~ DATE: Z~~~~g J APPLICA:T: FILZ::G DATE: ~/ ~ ~ p~~~ LOC 1'L^f3ER: ~l '~~ PRO.: EC'": ~ ~IGU/~- PROSECT LOCATZC::: ~S /e I. E:v'l'I RO`:`Lt`;T:+L I"L9ACTS (Exp lanac ion of all "yes" and "maybe" answers are required on attached sheets). YES H?`.BE ::0 1. $o ils ar,d Geo1o ¢c, Wi11 the proposal have • slgnlf iCdnC Le5U1 CS in: a. Unstable ground rood ii ions or in changes in geologic relationships? b. Disruptions, displacemen is, comp ac [ion o[ burl al of the soil? . c. Change in topography oz ground surface con[eur in cerva Ls? / d, The destruction, covering or mod.f icaclon u f i l i h i l f ? o any un e geo c or p ca q og ys ea cur es e. Any potential increase Sn Wind or water erosion of soils, offeccing either on or of` site conaitons? / _ f, Changes in erosion ailcatio n, or de, esic is v^. r g. Exposure of people or property Co geologic hazazd5 such as earthquakes, lands lldes, mud- slides, ground failure, or similar hazards? -- / h. An Increase in Che race of extraction and/or use of any mineral resource? ~ • 1. Hyd ro lo_ey. Will [he pio posal have slgniElcant LesUlCS Sn: /60 CITY OF RAI:CEO CL'CA.NO>:C: PART ZI - I9I T. IAL $L,:DY EITIROS?R''NTAL CNECLIST • ~_ f \ pa ye , YES .`S4Y3- SO a. Changes in cuzren CS, oz Che course of dir ec tien of flowing streams, ziver5, or ephemeral str2an channels? b. Changes fa ab sorp cion races, draicage pa [terns, or the rate and amounc of surface water lvno°_". L _~_ _ c. Alterations eo the course or flow of Blood waeers? ,L d. Change in the aco unc of surface cater in any body of eater? / L e. Discharge into surface caters, or any al[e:acicn of Bur .`ace va ter qualic;:? _ f. Alteration of groandvacer cha rocteristics? g, Change Sn the quanta [y of groundwacers, eat her through direr[ addiclo ns or with- drawals, or through in [e r: ere nce wlch an aquiver? Qua11^y'. Quan [i ty? L h. The reduce ion in the amount of water ocher- vise ava ilabie far pub:lc water supplies? i. Exposure of people or pre pe r.;: to water relac_d ha xatds such as flacdin3 or scathes? _ 9. ASr Quality. Will the proposal have significant results in: a. Cons cant or period is air emissio ns from mobila / or indirect Sources' ~ - / Scat ionary sources? _. r b. Deterio rac icn of amh ient air quality and/or 1n:erference with the attaicce^.[ of applicable air qua li c'> standards'. ._. c. A1[e rac lcn of local or re¢io nal cLlaacic condi:i ons, aFtecting air movement, mo is rove or cemperacu re? 4, Aioca Flora. Will the proposal have signif icanc results Sn: a. Change in the characteristics of species, Sncluding dive rsl2y, dis[rlbu cion, or number of any spec Ses of plants? _, b. Aeduct ion of the numbers of any unique, rare / or endangered species of plants? i /L/ ~ t c. Introduction of nev Or dis: upclve soec!es cf plants Into an area' d. Reduction in :he potential Lot agr l:ultural pre ductlon? Fauna, Will the proposal have signi_f treat results in: a. Change in Che characceriscl cs of species, including diversity, dis tribe[ion, az numbers of any species of animals? b. Reduction of the numbers of any unique, rare or endangered species of anlcals'. c. Introduction of nev or disrap clue species o' animals Sam an area, or result in a barrier [o the migration or movement of animals? d. ^ecerio ration or removal of existing fish or vi1d11fe hab it aC? 5. Poauiat icn. Will Che proposal have sign if treat L¢sLL1 :5 1R: a. Will [he proposal alter the location, dist:i- bu:ion, density, diversity, or grow [F. rate of Che human population of an area? b. Will the pzopesal affect existing housing, o: create a demand for additional housing? 6. Socio-ccone~ic Factoa . Will the proposal have sigr.;f ican; zesuia in: a. Change is Ioca1 oz regional sot So-econo sic charact eristlcs, including economic oz ceam:ercial diversity, tax race, and prop e: ty values? b. Will project roses tie equ L'ahly disCribuCed among project ber.eficiaties, .,e., buyers, [ax payers or project users". 7. Lam! Cse aad ?lanainc Considerations. Will the p ro pcsai have sign.f scan; reset is in: a. A substantial alteration of the present br planned land use of an area? b. A conflict with any designations, objectives, policies, oz adopted plans of any governmental enCitie s? c. M Smpacc upon the qulalty or quantity of exls[!ng consumptive or non-consumpt lve recreational opportunities? /G' ?aGe . k'ES v_qY:: `:0 ~_ L • • L~ -r L _ • _ 1 1 ( ~ Pa^ye Y°S v_4'i3c SO 8. Transnor:a tion. Rill the p:opesal have s:gni.`S.ant • resin;s i a. Gene: ar ion c'. Sub sCan:ial addi ::anal vehl ralar tzoceven ;? / b. Ef [acts on existing st: eets, o: demand for new sc: eet construe o n'. / c, Effatts on ex istin3 parking facSli:i es, er de~.and fa: new parking'. d. Sub stan:ia! Saoacc upcn existiv~ cansoor:a- [Son srsceWs? e. Alterations [o present pat :erns o: r.: r~la- tion c: covez:enc of people and.'or goods' f. Al tern^ons to or effects on present and poCen C a1 water-bo r,^,e, rai'_, cass [rars is or / air traffic'. 1 g. Ire:eases in [ratf is hazards :o cocor vesicles, bicyclists ar pedestrians? 9. Cultu: al Resources. Rili the preposa! have • sign tc .cane restifs in: a. Adis cv rh anre co the late gr ic': of a: c:.a aale glen 1, paleonm to gi wl, and/or hi=_:c real resources? / 10. Y.e alth, Saf=_^.v, and Saisaace Fac_:rs. Ri!: the propesa: have slgnif izanc rest!ts in: . a. Cr eatien of any health hazard or poteucai health hazard L b. Exposure of people Co potential hen L^S hazards'. 1 c. A risk of explosion or release of hazado~os substances Sn the even: of an acd dent'. 1 d. M increase Sn She nu©ber of ind b: id uals or species ox vector or pat:.e r.o gen is orgaciszs or tha exposure of pe op!a [a such e. Inc: ease in exist L-,g noise levels' 1 E. Exposure of people to poce^.:tally dangerous noise levels? '~ g. The creation of obj eccionab!e ode rs? h. M increase in light or glare? ~ /G 3 C 11. Aesthecl cs. Wlll the proposal have slgnif scant resul cs in: a. The obstruction or degra da [Snn of any' scenic vista or vieu? b. The creaC ion of an aes[heclca lly offensive site? c. A con: lice with [he obj ec tlve of designated or poCan CSal scenic corrldo:s' 12. L't!li ties and Public Services. Will the proposal have a signiEieant need for new systems, or alterations to the folloviag: a. El ect.ric power? b. Natural or packaged gas? C. CO...^..URiCaCiOns systems? d. Water supply? e. Wast evaier facSlltie s? f. F1 oad control structures? g. Solid vas to facilities^. h. Fire protection? 1. Police pro section? ~. Schoc ls? k. Parks or other recreational facilities? 1. Ya intenance of puSlic facilities, including roads and flood control fact 11t1 es' m. Other goVe rr~eneal services? 13, Enere_v am! Scarce Resources. WLll the proposal have sign:f scone resuit5 m: a. L'se o: sub scan dal or excrssive fuel or energy? b. Subscanc Sal increase fn demand upon exis ting 6ources of energy? c. An Snc cease in the demand for development of new sources of energy? d. An Sncrease ar perpe[uatfon of ehe consumption of non-renewable forms of energy, when feas Sb le renewable eourc es of energy are aval3ab le? ib y Page J YES w1.5'3E VO • -_1 /~ L - - 1 _ _. 1 L - L - ~ 1 ._ // L - -_ __. L _ - 1 L • - - L _.-1 ~ C l ° a3e 6 YES :.dYer \0 e. Substantial depletion of any nonrenewable or • scarce natural resource? 14, Mandato rv p/~d fogs of 51 :.-5'ica^^e. _- a. Does Che project have the poten [ial Co degrade Che quality of [he envizonment, subs[antla lly reduce the hob feat of fish or wildlife species, cause a fish or wildlife popuia tfon [o drop below self sustaining levels, threaten [o elLina ce a plant or animal cocuni:y, Lduce the number or res uiU the range of a rare or endangered plan: or animal o: eliminate important examples of the major periods of Californ is history or prehistory? b. Does [he projec! have the potential to achieve shor o-te tm, Co the disadvantage of long-te ro, environmental goals? (A short-[ern Smpac[ on [he envitonment is one which occurs 1n a rela[Svely brief, definitive period of time while long- tem impacts will erd ure we'_1 into the Eucure). c. Does the project have impacts which are individually limited, but eumulaeively • cons idera6le? (Cunula[Svely considerable means that the incremental of ,`ects of an individual project ate conside-able when viewed 1n tonne coon with the effects a: past projects, and prob ab'-e future projec s). 1 d. Does :he pr of etc have enviroven tai effects which will cause substantial adverse effects on human beings, eith et dlr actly or iodirec!ly? 1 II. DISCCSSIC`; Cp E`:.'I dC:I%E:;Ti.L EVdLCA7I C`: (i.e. of ai fl^ativ , e [he aoove questions plus a discuss ion of proposed mitigation answers to measures). ~~~ affa-~c~u~~~~- ,~s r ~ 7c¢e i On the basis of this inlcial evaluation: • ^ I find [he proposed project COtiLD VOT have a sigr.if i..^ant effect on Che environmenc~ and a ~'EGATIIE DEC'..,utdTIOS will 6e prepared. ;y~~ I find chat although the proposed project could have a sign, if icanc I1 /I eff ec: on the environment, [here viii not be a significant effect /l x\ f in this case because the ©iCiga tion aeasutes des[: ib ed on an attached sheet have been added co [he project. A NEGATri~ DECLA,^u.TIO\ HILL BE pREPAIL-:D. C I find [he proposed project u4f have a signif scan: effect on the envir:.ment, and an/E3ljIRO~: c\: IJL°AC" RE?^RT is requ i'rend ,.~ Oate 2 ~ ~7 `~~~Lr^" ~gnp ' re /~/~" / ~- l~/ Title u /6G • ATTACHMENT TO INITIAL STUDY, PART II II. DISCDSSION OF ENVIRONMENTAL EVALDATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). 2(b,i) This project will construct huildings and parking facilities that will result in impervious surfaces and additional surface water runoff that could exacerbate seasonal flooding on Amethyst. Project will include detention basin to hold incremental runoff during peak storm hours to mitigate flooding attributable to this project. 5(a) The project density is 35.3 du/ac which is significantly higher than the surrounding area. The proposed density bonus to allow this density is based upon the affordability of rents for senior citizen housing consistent with goals and policies of the Generai Plan Housing Element. 7(a) See 5(a). • 10(fj This project is located adjacent to the Proposed Route 30 Corridor which is projected Lo create future noise levels of 65 ` Ldn (assumes 10 d0 attenuation). This noise level is considered °conditionally acceptable" (see Fig. V-g, General Plan) provided adequate noise insulation is inc iu ded in construction design. A detailed noise anaiys is for this project has been prepared. The recommended mitigation measures for noise attenuation have been included in the project design or will be conditioned to be included in project design. /6 ') • RESOLUTION N0. 85-43 A RESOLJTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF DISTRIC? CHANGE N0. 85-01 REQUESTING A CHANGE IN THE DISTRICT DESIGNATION FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL AND SENIOR HOUSING OVERLAY DISTRICT FOR 4.75 ACRES LOCATED ON THE WEST SIDE OF AMETHYST, NORTH OF 19TH STR'cET. WHEREAS, on the 15th day of January, 1985, an application was filed and accepted on the above-described project; and 'WHEREAS, on the 27th day of March, 1985, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That 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 2. That the proposed district change would not have Significant impact on the environment nor the surrounding properties; and 3. chat the proposed district change is in conformance with the General Plan and Development Code. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project wi knot create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on March 27, 1985, NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommmends approval on the 27th day of March, 1985, District Change No. 85-01. 2. The Planning Commission hereby recommends that the City Council approve and adopt District Change No. 85-01. /68 3. That a Certified Copy of this Resolution and related • material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPROVED AND ADOPTED THIS 27TH DAY OF MARLH, 1985. PLANN IP{frEQMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ~/,. A I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of March, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: MCNI EL, CHIT IEA, BARKER, REi 1PEL, STOUT • NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE /C ~ u RESOLUTION N0. 85-42 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENOI;JG APPROVAL OF GENERAL PLAN AMENDMENT NO. 85- 018; AMENDING THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL TO HIGH RESIDENTIAL FOR 4.75 ACRES OF LAND LOCATED ON THE WEST SI OE OF RMETHYST, NORTH OF 19TH STREET - APN 201-232 -24. WHEREAS, on the 15th day of January, 1985, an application was filed and accepted on the above-described project; and WHEREAS, on the 27th day of March, 1985, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following in~ngs: That the Amendment does not conflict with the Land Use Policies of the General Plan. 2. That the Amendment does promote goals of the Land • Use Element. 3. That the Amendment would not be materially injur iaus or detrimental to the adjacent properties. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on March 27, 1985. NOW, ThEREFORE, BE [T RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 27th day of March, 1985, District Change No. 85-018. 2. The Planning Commission hereby recommends that the City Council approve and adopt District Change No. 85-018. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shalt be forwarded to the City Council. /~o APPROVED AND ROOPTED THIS 27TH DAY OF MARCH, 1985. PLANN I" OMM ISSION OF THE CITY OF RANCHO CUCAMONGA • BY: f Denni L. Stout, aixman . h ,. -= r,~ ~, ATTEST: ~ ~. ~~~ Rick~Gomez,~Deputy Secretary /; I, Rick ;Gomez, Deputy Secretary of the Planning Commission of the City of Rancho C~c amnnga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of March, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, MCNI EL, CHIT IEA, REMPEL, STOOT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE u u /7/ nt~rv nc n w vrvn nt.n • C~ ~+.np STAFF REPORT 2~~~ ~~9. x r~~, '' DATE: April 3, 1985 = T0: Mayor and Members of the City Council ivy FROM: Rick Gomez, City Planner BY: Dan Coleman, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - TAC DEVELOPMENT - A Development Agreement between the City of Rancho Cucamonga and TAC Development Corporation regarding a senior citizen housing project to be located on the west side of Amethyst, north of 19th Street - APN 201-232-24. BACKGROUND: The Planning Commission held a public hearing on March 27, 98~ 5 to consider a Development Agreement for the related Development Review 85-01 (also approved by the Planning Commission on March 27, 1985). The attached Planning Commission staff report fully describes staff's effort to negotiate the long-term Development Agreement between Lhe City and TAC Development Corporation, the key points of the Agreement and a copy of the Development Agreement. The Planning Comniss ion made the following revisions to the proposed Development Agreement based upon the recommendations of the City Attorney and staff, and which are included in the revised Agreement attached for your consideration: Paragraph 1: "Target Tenant" definition was changed for consistency with State legislation regarding age criteria. Further, language was added to clarify that the residents must qualify as low or moderate income persons. Paragraph 9: Term of Agreement a three (3) year time line to obtain Certificate of Occupancy for entire project was added to ensure construction of project within a reasonable period of time. Paragraph 10: Restrictions on Rental Units - The occupant restrictions were changed or consistency with recent state legislation that prohibits discrimination. Paragraph 42: Lease Provisions far Maintenance of Small Pets - This c ause was added to provide for the keeping of small pets. /~~ CITY COUNCIL STAFF REPORT Development Agreement/TAC April 3, 1985 Page 3 The developer, TAC Development Corporation, consented to the above- described amendments. RECOMMENDATION: The Planning Corteniss ion recommends that the City Council approve the Development Agreement through adoption of the attached Ordinance and issuance of a Negative Declaration. Re ectfu bmitted, ick it Planner RG:OC:jr Attachments: Planning Commission Staff Report - March 27, 1985 Development Agreement Ordinance • • i73 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of 1985, between TAC Development Corporation ("Property Owner") and the CITY OF RANCHO CtJC AMONG 4, a municipal corporation organized and existing under the lams of the State of California ("City"}, RECITALS This Agreement is predicatetl upon the following facts: 1. Government Code section 65864-65895.5 authorizes the City to enter into binding deveiopment agreements with persons having legal or equ it ah le interests in real property for the development of such property. 2. Under section 65865, the City has adopted rules and regulations establishing procedures, requirements and administrative guidelines for consideration of development agreements. 3. Property Owner has requested City to consider entering into a development agreement and proceedings have been taken in accordance with City's rules and regulations. 4. City has found that the development agreement is consistent with the Generai Plan. 5. On 1985, City adopted Ordinance approving the deveiopment agreement with Property Owner and said action was effective on 1985. NOW, THEREFORE, the parties hereto agree as follows: L Def initiens. In this Agreement, unless the context otherwise requires, the following terms shall have the fallowing meaning: a. "City" is the City of Rancho Cucamonga. b. "Project" is the development approved by City, described further in paragraph )her einbelow. c. "Property Owner" is TAC Development Corporation, and includes all of its successors in interest and assigns. d. "Real property" is the real property referred to in paragraph 3 here robe low. e. "Senior Housing Overlay District" is the zoning category created by City Ordinance No. 193 adapted April 20, 1983. 1 i'JY f. "Target Tenant" is defined an individual who is • fifty-five (55) years old or older, or a married couple one of whom is fifty-five (55) years or older, and all of whom qualify as a low or moderate income person pursuant to federal HUD standards. g. "Affordable Rents" - Rents charged will he affordable to individuals or couples earn inp equal to or less than eighty percent (80"e) of the current County of San Bernardino median income as determined by Lhe Federal Department of Housing and Urban Development, which rent shall on an annualized basis be equal to or less than thirty percent (30;d) of the eighty percent (80%) of the current median income. Far purposes of this definition, rents charged for all one (1) bedroom units shall be subject to tomputat ion based upon eighty percent (90%) of the median income for a two (2) person household. Rents charged for all two (?) bedroom units shall be subject to computation hosed upon eighty (80%) of the median income for all households (4 or more persons). 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Rg reemen t. 3. Description of Real Property. The real property whi c4 is the subject of this Agreement is described more fully in Exhibit "A" attached hereto and incorporated herein by reference. 4. Interest of Property Owner. Property Owner represents that it • '~~as full legal title to the real property, that it has full legal right to enter into this Agreement, that there is no other person or entity which has any other interest in fee ownership to the real property, and that all ~rher persons and entities who may hold legal or equitable interests 'n the property agree to be and are hound by this Agreement. If there are any holders of deeds of trust on the real property which may be senior to the lien of this Development Agreement, the holders of such deeds of trust have assented to the terms of this Development Agreement in writing and agree to be bound 6y the provisions hereof, 5. Binding Effect of Agreement. The burdens of this Agreement shall run wi!h the real property and shall bind, and the benefits of this Agreement shall inure to, the successors in interest and assigns of the parties to it. 6. Relationship of Parties. It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and is not the agent of City for any purpose whatsoever. 7. City's Approval Proceedings for Project. On 19 City approved Ordinance creating a enior Housing Overlay District. On ~_ the City adopted a zoning designation of "Senior Housing Overlay District" for the real property. The record of the applications by Property Owner, proceedings • before the Planning Commission and the City Council of City on file in the office of•City and all of the files and records in these matters are incorporated herein in full by this reference as though set forth in 2 /7S full. Property Owner proposes to construct 168 apartment units, • recreational and commcn area facilities, and 168 parking so aces and other amenities on the subject property, all as are set forth more fully in the site plan for Development Review 85-01 ("Site Plan") submitted by Property Owner and approved by City, a copy of which is attached hereto as Exhibit "8" and incorporated herein by reference. The Site Plan includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. 8. Changes in Pro iect. No change, modifications, revisions or alteration may be made in the site plan approved on without review and approval by City. 9. Term of Agreement. The term of this Agreement shall commence on the date first above written and shall expire twenty (20) years after the occupancy of the first tenant in an apartment unit in the Project, Ent--1n -ae. event- later thao- twenty-five (25) years after the commencement -1, ~ • 6 of the term of this Agreement, subject to the annual review described in subjecS to annual review described in paragraph 17 herein below provided that this agreement is terminated automatically if developer has not obtained Certificate of Occupancy for entire project within three (3) years of effective date hereof. 10. Restrictions on Rental Units. Except as set forth here inbelow, all tenants, occupants, and residents of apartment units in the Project shall be Target Tenants. Said apartment units shall not be • rented, occupied, leased or subleased to tenants or occupants who are not target Tenants without the City's prior written consent, except as set forth below. A person or persons not a target tenant at least 45 years of age may occupy an apartment unit if he or she occupies an apartment unit with a resident occupant who is a target tenant and provides primary physical or economic support to target tenant. A person or persons under 45 years of age may occupy apartment units as temporary tenants for a period of Lime not in excess of 3 months during any calendar year. 11. Rents and Rent Ad 'ustments. The Property Owner shall establish and maintain a ordab a ase rents and utility allowances for all apartment units subject to the restrictions of paragraph 10 in the Project. For the purposes of this provision, rent shall include both the amount charged for occupancy of an apartment and any tuility allowances if utilities are not separately metered. If utilities are separately metered, they will not be considered in the base rent. In the event that rents are increased, a minimum of sixty (60) days' written notice of any rent increase shall be provided to the City and to all affected tenants. /76 12. Maintenance of Apartments as Rentals. During the term hereof and such extensions as may be agreed to, all apartment units in the . Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhouses or any other common interest subdivision in which some fee ownership in the apartment unit would he granted to a person or entity other than the property Owner or its permitted successor or ass ignee or in which ownership of the Project would be transferred to a corporation ("Co-Op") or other entity which would then sell stock or some other cooperative ownership interest to a prospective owner or occupancy of an apartment or dwelling unit, provided that nothing herein contained shall preclude the sale of the entire Project to a single purchaser other than a Co-Op. 13. Shuttle Van Service. The Property Owner shall provide and maintain a shuttle van to provide residents with access to community facilities, shopping, entertainment, and medical services. The shuttle van shall contain a minimum of 12 passenger seats and be primarily available to residents unable to drive, or without other means of transportation. The shuttle van service and a driver far the van shall be available at least eight hours per day, seven days a week. Our ing repair, the Property Owner shall arrange for equivalent transportation. The van and drivers shall be insured as required by California Vehicle Code. 14. On-Site Manager. A full-time manager shall be provided at all times on the project site. In addition, an Assistant Manager shall be provided during the shuttle van service hours for driving the van or • managing the prej ect when the full-time manager is driving the van. 15. Tenant Improvements. Residents shall he permitted to "personalize" their apartment unit through improvements including, but not limited to, paint, wallpaper, shelves, hanging plants, pictures, and furniture. Nothing in this section shall be deemed to permit structural alterot bns. 16. Tenant Committee. Residents shall have the right to establish a Committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Property Owner regarding the operation and facilities of this project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Property Owner. 17. Submission of Materials and Annual Review. a. Prior to the giutut~aa4.~cA6f, ~t~e Property Owner shall ,., ,~~'- submit to the City the following information. •(1) Rn analyst of the~~cost of the Proaject including. land, ,1 ~~,;x` cost, con stPuci:ion cost, financing cbst, dnd•so fgrth • i77 (2) Tenant selection procedures which shall detail the • methods of that Property Owner shall use to advertise the availability of apartments in the Project and screening mechanisms that ?roper ty Owner intends to use to limit the occupancy of the apartments to the Target Tenant. h. After occuoan cy, the Property Owner shall file with City an annual report containing information on the Project specified herein for the preceding calendar year. Said annual reports shall be filed with the City no later than March IS following the previous calendar year. The report shall contain such information as City may then require, including, but not limited to, the following: (1) rent schedules then in effect; utility charges (if any); (2) project occupancy profile including age, income characteristics of residents, number of automobiles owned 6y Project residents (total); (3) listing of substantial physical defects in the Project including a description of any repair or maintenance work undertaken in the reporting year; and (4) a description of maintenance of the Project including the condition of apartment units, landscaping, walkways, stairs, and recreational areas. • (5) a description of all complaints or suggestions from residents regarding the operation or facilities of this project, including the Property Owner's response. City shall he allowed to conduct annual physical inspections of the Project as it shalt deem necessary provided that said inspections do not unreasonably interfere with the normal operations of the Project. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess their satisfaction with the Project. The survey may contain, but shall not necess arity be limited to, questions regarding management/tenant relations, maintenance of the Project, design features, general attitude toward the Project, and so forth. L8. Tenant Selection, Contracts and Rules and Regulat ions. On receipt of an application for occupany, Property Owner shall determine the elig i6ility of the occupancy under the terms of this Development Agreement. Property Owner shall be entitled to relay on the information contained in the application sworn to by the applicant. A11 agreements for rental of all apartment units in the Project shall be in writing. The proposed rental agreement or lease form shall be provided to City for its review and approval. Such rules of conduct and occupancy shall be given to each tenant of an apartment unit prior to such tenants' occupancy. 19. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: / r/ 8 a. death of the sole tenant of the unit; b. by the tenant at the expiration of a term of occupancy or • otherwise, upon thirty (30) days written notice; c. by abandonment of the premises by the tenant; or d. by failure of tenant to maintain income eligibility pursuant to the provisions hereof, providing that Property Owner gives tenant sixty (60) days written notice of such termination, or e. by failure of tenant to execute or renew a lease. Any termination of a tenancy other than those listed in this subparagraph shall constitute an eviction. Property Owner shall only evict in compliance with the provisions of California law and then only for material non-compliance with the terms of the rental agreement, lease or rules and regulations of the Project. Property Owner shall establish appeal and/or grievance procedures and rules and regulations for use for evictions of tenants which shall be submitted to and approved by the City prior to the occupancy of any Unit in the Project. The rules and regulations, a copy of which is attached hereto as Exhibit "C", is hereby approved. 20. Local Residency. Preference shall be given where Goss ~6le to applicants to the Project who have been residents of the City of Rancho Cucamonga. This factor, however, shall not be given any priority over • the other elements of tenant selection in paragraph 18 hereof. 21. Hazard Insurance. Property Owner shall keep the Project and all improvements thereon insured at all times against loss or damage by fire or other risks covered by a standard extended coverage endorsement and such other risks, perils or coverage as Property Owner may determine. During the term hereof, the Project shall be insured to its full insurable value. City shall have the right to review insurance coverage maintained by Property Owner or its successors and assigns and the power to require additional insurance to be carried in amounts required by the City at the City's sole discretion so that the provisions of this paragraph are complied with. City's action or inaction hereunder shall not subject it to liability to any third persons or entities. 22. Maintenance Guarant In order to insure that maintenance of the project is per ormed in accordance with the maintenance plan as outlined in the Senior Housing Overlay District administrative guidelines and in this Development Agreement, Property Owner shall post a maintenance deposit or other legal security reasonably acceptable Lo the City to he used by the City in the event that "rroperty Owner shall fail to adequately maintain the Project as herein required. The parties hereto agree that a maintenance deposit may be in the form of a letter of credit, certificate of deposit, bond or comparable instrument. • i99 23. Specific Restrictions on Development of Real nrooe_ rty• The following spec tf tc re strtcttons shat also cover the use of the real • property: a. only residential uses of the real property are oermitt ed in the Project. b. maximum density of residential dwelling units in the Project shall never be greater than 35.36 dwelling units per acre. c. the maximum height for each of the proposed buildings shall be 55 feet. d. maximum size for all of the buildings and the prooos ed square footage for each of the apartment types located therein is set forth more fully on Exhibit "B" attached hereto and incorportad herein by reference. e. provisions for reservation or dedication of land for public purposes are contained in the conditions for approval of Development Review 85-01 and are incorporated herein by this reference. 24. Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Property Owner or those of his contractor, • subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Property Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Projert. This hold harmless agreement applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Project. 25. Affect of Develo ment A reement on Land Use Re ulations. Rules, regulations, and off icia policies governing permitted uses of the real property, the density of the real property, the design, improvement and construction standards and specifications applicable to development of the real property, are those rules, regulations and official policies in force at the time of execution of this agreement. It is understood that City may grant Property Owner a dwelling unit bonus, may waive its requirements for covered on-site parking and may reduce and/or waive other fees as an incentive for Property Owner to construct the Project and for both parties to enter into this Development Agreement. 26. Development Incentives Pursuant to paragraph 25 of the Development greement, the City will grant property owner the following development incentives for development on the subject property; yyo a. The Beautification Fee levied pursuant to City Council Resolution 79-1, Section 7.0, will be waived in its entirety. h. The School Impaction Fees levied pursuant to City Council • Ordinance 30, as amended, will be waived in their entirety. c. The maximum density per acre on the subject property shalt Se increased to 35.36 dwelling units per acre. d. The maximum number of required off street parking spaces shall be lowered to one (1) parking space per dwelling unit. e. The req„ir=_ment for covered parking spaces will be waived in its entirety. f. Payment of both the Drainage Fee and Systems Development Fee by the property owner will be deferred and will be payable concurrently with the occupancy of the first unit on the subject property. The fees will be based upon the Ordinances and schedules in effect as of the date of submittal of the project and will not be effected or increased by any increases taking effect after submittal of Lhe project. "Date of submittal" of the project will mean the time t:iat plans are su hmitted to the City in order to have the Ci'y issue building permits for construction of the improvements on the subject property. 27. Amendments. This Agreement may be amended or cancelled in whole or in part only by mutuai written consent of the parties and then in the manner prov "+ed for in Government Code sections 65868 et se7• • This Development Agreement does not prevent City in subsequent actions applicable to the real property from applying new rules, regulations and policies applicable to the property as set forth in paragraph 8 hereinabave. This Development Agreement does not prevent City from denying or conditionally approving any subsequent development project application on the basis of existing or new rules, regulations or policies. 28. Enforcement. In the event of a default under the provisions of this Agreement 6y Property Owner, City sha 11 give written notice to Property Owner (or its successor) at the Project, or 6y registered or certified mail addressed to Property Owner at the address stated in the Agreement, or to such violation is not corrected to the reasonable satisfaction of City within ninety (90) days after such notice is given, or if not correction within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within ninety (90) days (provided that acts to cure the breach or default must 6e commenced within said ninety (90) days and must thereafter be delinquently pursued by Owner) then the City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, the City may bring any action necessary to enforce the obligations of Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for spec if is injunction against any violation by Property Owner of any provision of this Agreement, or for such other relief as may be • appropriate, it being agreed by Property Owner that the injury to City arising from ,default under any of the terms of this Development 1q/ Agreement would be irreparable and that it would be extremely difficult • to ascertain the amount of compensation to City to afford adequate relief in light of the purposes and policies advanced and satisfied by approval of the Project and by this Development Agreement. 29. Event of Oef au lt. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: a. if a warranty, representation or statement made or furnished 6y Property Owner to City is false or proves to have been false in any material respect when it was made; b. if a finding and determination is made by the City following an annual review pursuant to paragraph 13 hereinabove upon the basis of suhstantial evidence that Property Owner has not complied in good faith with any of the terms and conditions of this Agreement, after notice and opportunity to cure as described in Paragraph 28 hereinabove; c. breach by Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Paragraph 28 hereinabove. 30. Proceed inq Upon Default. City does not waive any claim of defect in performance by Property Owner if on periodic review City does not modify or terminate this Agreement. Nonperformance by Property Owner shall not be excused because of performance 6y Property Owner of • the obligations herein contained would be un prof itah le, difficult or expensive or because of a failure of any third party or entity, other than the City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 31. Rights of Lenders Under this Agreement. Should Property Owner place or cause to be p aced any encumbrance or ien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to mortgages shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. do any act or thing required of Property Owner under this Agreement, and any such act or thing done and performed by Lender shall be as effective as if done 6y Property Owner himself; b. realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equ qty or by the security document evidencing the encumbrance or lien (herein called the "Trust Deed"), and to: /91 (1) transfer, convey or assign the title of Property Owner to the Project to any purchaser at any foreclosure sale, whether the . foreclosure sale be conducted ou rsuant to court order or pursuant to a power of sale contained in the Trust Deed; (2) acquire and succeed to the interest of Property Owner 6y virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in the Trust Oeed. 32. Notice to Lender. City under this Agreement shall give written notice of any default or breach under this Agreement Sy Property Owner to Lender and afford Lender the opportunity after service of the notice to: a. cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; b. cure the breach of default within ninety (90) days after service of said notice where the breach or default can he cured by something other than the payment of money and can be cured within that time; or c. cure the breach or default in such reasonable time as may be required where something other than money is required to cure the breach or default and cannot be performed within ninety (90) days after • said notice, provided that acts to cure the breach or default are commenced within ninety (90) day period after service of said notice of default on Lender by City and are thereafter dilSgent ly continued by Lender. 33. Ac'ion by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Rgreement by Property Owner by commenc ind proceedings to foreclose its encumbrance or lien on the Project. The proceedings so co~mnenced may be for foreclosure of the encumbrance by order of court or far foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Property Owner unless: a. they are commenced within thirty (30) days after service on Lender of the notice described hereinabove; b. they are, after having been commenced, diligently pursued in the manner required by law to completion; and c. Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. S 10 l87 34. Liability of Lender. No Lender shall have any liability under • the terms of this Agreement unless it acquires title to the Project through foreclosure or a deed in lieu of foreclosure in which event, is shall hold title to the Project subject to the obligations of a successor to the Property Owner as herein provided. 35. Rent Control. Period in consideration for the limitations herein provided, the City agrees that it shall, during the term of this Agreement, not take any action, the effect of which will be to control, determinz, or affect the rents for apartment units located in the Project. 36. Attorney's Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover the costs and attorney fees incurred in the proceeding and such reasonable attorneys' fees as may he determined by a Court in any legal action. 37. Cumulative Remedies. The respective rights and remedies provided by this Development Agreement or by law or available in equity shall be cumulative and the exercise of any one or more of such rights or remedies shall not preclude or affect the exercise, at the same or at different times, of any other such rights or remedies for the same or different defaults or breaches or for the same or different failures to perform or observe any term or provision of this Agreement. • 38. Sind ing Effect. This Agreement sr~all bind, and the benefits and burdens hereof shat) inure to, the respective parties hereto, their legal representatives, executives, administrators, successors and assigns, provided however, that if Property Owner sells the project and the purchaser assumes Property Owner's obligations hereunder accruing after said sale then Property Owner shall have no obligations hereunder after said sale is consummated. 39. Recordation. This Agreement shall, at the expense of Property Owner, be recorded in the official records of the County of San Bernardino in accordance with provisions of the Government Code. 40. Miscellaneous. This Agreement shall be construed in accordance with and governed by the laws of Lhe State of California. The provisions of this Oeve lopment Agreement shall be liberally construed to effect its purpose as set forth herein and in the attachments hereto. Whenever the context so requires, the singular number includes the plural, the plural includes the singular, masculine gender includes the feminine and/or neuter and the neuter gender includes the masculine and/or feminine. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of a development agreement. 11 7~y 41. Partial Invalidity. if any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, iegali ty or enforceability of the remaining provisions hereof shall not in any way . be affected or impaired thereby. 42. Lease Provisions for Maintenance of Bma11 Pets. Any and all leases pertaining to rental of apartment units for pro,7 ect shall contain provisions for maintenance of small pets as approved 6y the City Planner. IN WITNESS WHEREOF, this Agreement has been executed 6y the parties and shall be effective on the day and year first above written regardless of Lhe date of actual execution hereof. PROPERTY OWNER: STATE OF CAL IFORAIA COUNTY OF SAW BERNARDINO BY: TAC DEVELOPMENT CORPOR TION BY: CITY OF RANCHO CUCAMONGA BY: ss. On , 19 before me the undersigned, a Motary Public in and for said County and State personally appeared and proved to me on the basis of satisfactory evidence to he the percnns who executed this instrument as Mayor and City Clerk, respectively, of the City of Rancho Cucamonga, a municipal corporation existing and organized under the laws of the State of California, and acknowledged to me that the City of 4 ancho Cucamonga executed it. NOTARY PUBLIC 12 /Bf • STATE OF CALIFORNIA ) • ) ss. COUNTY OF SAN BERNARDINO ) On 19 before me t'ne unders igned, a Notary Public in and for said County and State personally appeared and proved to me on Che basis of satisfactory evidence to he the persons who executed this instrument as and on ehalf of , and ac now a ged to me that the corporation executed it. NOTARY PUBLIC 13 ~B b • ORDINANCE NO.~A-4-93-b~B~ 25G AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT DETWEEN THE CITY OF RANCHO CUCAMONGA AND TAC DEVELOPMENT CORPORATION The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Government Code Sec,iion 65864 through 65869.5 authorizes the City to enter into binding Development Agreements with persons having Legal or equitable interests in real property for the development of such property. B. Three copies of the proposed Development Agreement between the City and TAC Development Corporation are on file in the office. of the City Clerk, and the same are public records of the City. C. The proposed Development Agreement pertain to real property situated in the City and described as follows: A portion of the east 1/2 of Lot 12, Block I1, Cucamonga • Homestead Association, as per plat recorded in Book 6 of Maps, page 46, records of said County, described as follows: Commencing at a point 215 feet west and 330 feet north of the southeast corner of said lot, thence north 66 feet; thence east parallel with the south line of said lot, 275 feet to the east line of said lot; thence north along the east line of said lot to the north line of said lot; thence west along the north line of said lot to the west line of the east 1/2 of said lot; thence south along the west line of said east 1/2 of lot 12 tc a point 330 feet north of the south line of said lot; thence east parallel with the south line of said lot to the point of beginning. D. the City Council has held a public hearing on the proosed Development Agreement and notice of that public hearing has been given for the time and in the manner prescrihed by Government Code Section 65867. E. The provisions of the proposed Development Agreement are consistent with the General Plan, and there is no specific plan effecting the property subject to the proposed Development Agreement. u /P7 Ordinance No. P-4-03-6-0 Page 2 SECTION 2: The proposed Development Agreement between the City and • TAC Development Corporation, referred to in Section 1 above, is hereby approved. On the effective date of this Ordinance the Mayor shall sign as many copies of said Development Agreement as are necessary for the use of the parties, the City Clerk shall attest to the same and shall deliver one fully signed copy to TAC Development Corporation. SECTION 3: A Negative Declaration is hereby adopted for these General Plan amendments, based upon the completion and findings of the Initial Study. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to 6e published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 3rd day of April, 1985. AYES: NOES: ABSENT: Jon D. Mikels, i4ayor ATTEST: Beverly A. Authelet, City Clerk I, BEVERLY A. AUT4ELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 3rd day of April, 1985, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the * day of *, 19**. Executed this * day of *, 1985 at Rancho Cucamonga, California. • Beverly A. Authelet, Ctty erk • /dd • ~a me~~~ /ta rvFn,are .P =5 •o.Me~ e 7 9n x` i3~ ~ .-.'._n . v,=.. •Sn dRCp, GP'~I[09 Ni< 92621 aP. _ ~5~v a 890:9.'. c ]aa ~ _n E_E O.~„v C~ 2 ] s9 ]B i March 26, 1985 Beverly A. Authelet city Clerk City of Rancho Cucamonga 9320 Baseline, Suite C Rancho Cucamonga, California 91730 Re: Proposed ordinances pertaining to alcoholic beverage consumption DeaY ©eV: . Enclosed herewith please find two original forms of ordinance. As you will recall, the Council had previously discussed the amendment of the Municipal Code with respect to the consumption of alcohol both in City parks as well as in other public places. We note, however, that the Municipal Code already contains a provision prohibiting the consumption or possession of alcoholic beverages in parks. Accordingly, we have taken the liberty of merely amending the provisions of Chapter 12.04 regarding that particular topic. That amend- ment deals primarily with the provision of a notice to the public concerning the prohibition of alcoholic beverage possession or consumption. The second ordinance, adding Chapter 9.16 to the Municipal Code, relates to the consumption of alcoholic beverages in other public places including streets, sidewalks and alleys. We believe the ordinance to he straightforward and in accordance with the information directed to this office by Mr. Wasserman concerning the topic. We believe both ordinances may now be presented to the City Council for its consideration at the next available meetiny. Should you have any questions or wish to discuss the matter in further detail, please feel free to contact this office at your convenience. AVA:Ijl cc: Lauren Wasserman, City Manager - Encl. Ver rul your , Andrew V. Azczynski Assistant City Attorney City of Rancho Cucamonga /8S ORDINANCE N0. ~S'] AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ADDING ANEW CHAPTER 9.16 TO TITLE 9 OF THE RANCBO CUCANONGA NONICI PAL CODE PERTAINING TO THE CONSOMPTION OF ALCOHOLIC BEVERAGES IN POBLIC PLACES The Ci [y Council of [he City of Rancho Cucamonga does ordain as fol lore: SECTION 1: Anew Chapter 9.16 hereby is added to the Ravcha Cucamonga Municipal Code [o read, iv words end figures, ae fol lore: "Chanter 9,16 "Conaump[ion of Alcohol in Public Places "Sectione~ "9.16.010 Def initi one. "9.16.020 Consumption of Alcoholic Beverages in Public • Places Prohibited. "9.16.030 Pena 1[iee fot Violation of Chapter. "9.16.010 Definitions. Aa uaed in this Chapter, the term 'alcoholic beverage' and 'alcoholic beverages' shall have the meaning set forth in Section 23004 of the California Business and Professions Code as [he same pr eaencly exists, or as [he same may be amended from time to time. "9.1fi .020 Consumption of Alcoholic Beverages in P bl' PI ces Prohibited. I[ shall be unlarful for any person [o consume any alcohol is beverage white upon spy public street, alley, way, sidewalk or parkway, whether in a motor vehi r,le or otherwise, within the Ci[y of Rancho Cucamonga. "9.16.030 Penalties for Violation of Chanter. It shall be unlarful for any person Co violate any provision of [hie Chapter. My pe repo violating any prow ieion of this Chap[ez shall be deemed guilty of a misdemeanor and upon conv is [iov [hereof shell be punished by a fine pot exceeding One Thousand Dollars ($1,000.00) or bq impriso~enG not exceeding six (6) months, or by bo ch such fine end imprieo®ent." SECTION 2: The Hay or shell sign this Ordinance and the Cicy Clerk shall cause the same to be published within fifteen (15) days after its passage ec least once in The Dailv Report, a nerepaper of general circulation published in the City of Ontario, California, and circulated in [he City of Rancho Cucamonga, Cal if ornie. PASSED, APPROVED, and ADOPTED [hie day of 1985. 190 .'~~~<~!`~~/-~~~~ u.r9Ea JuE :. _ ~EU'La _ a„E .a~nc5 ~9a.n a., ` -a3~n 59~ •v._n nc _. •.Sn 3~=<. ~n _i _aq ~ 5252 _F ai.a .~ E.E a., .~. yE• 2 ] 69 ,)B March 26, 1985 Beverly A. Authelet City Clerk City of Rancho Cucamonga 9320 Baseline, Suite C Rancho Cucamonga, California 91730 Re: Proposed ordinances pertaining to alecholic beverage consumption Dear Bev: Enclosed herewith please find two original forms • o£ ordinance. As you will recall, the Council had previously discussed the amendment of the Municipal Code with respect to the consumption of alcohol both in City parks as well as in other public places. We note, however, t:tat the Municipal Code already contains a provision prohibiting the consumption or possession of alcoholic beverages in parks. Accordingly, we have taken the liberty of merely amending the provisions of Chapter 12.04 regarding that particular topic. That amend- ment deals primarily with the provision of a notice to the public concerning the prohibition of alcoholic beverage possession or consumption. :he second ordinance, adding Chapter 9.16 to the Municipal Code, relates to the consumption of alcoholic beverages in other public places including streets, sidewalks and alleys. We believe the ordinance to be straightforward and in accordance with the information directed to this office by Mr. Wasserman concerning the topic. We believe both ordinances may now be presented to the City Council for its consideration at the next available meeting. Should you have any questions or wish to discuss the matter in further detail, please feel free to contact this office at your convenience. AVA:ljl cc: Lauren Wasserman, City Manager - Encl. Ver rul your , Andrew V. Arczynski Assistant City Attorney City of Rancho Cucamonga / 5/ ORDINANCE N0. X258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, AMENDING SECTION 12.04.010E OF CHAPTER 12A4 DF TITLE 12 OF THE RANCHO CUCAMONGA YNNICIYAL CODE REGULATING THE USE OP ALCOHOLIC BEVERAGES IN CITY PARRS The City Council of the City of Rancho Cucamonga does ordain ae f of lws SECTION 1: Se ctioa 12.04.0106 of Chapter 12.04 of Title 12 of the Aan[ho Cucamonga Municipal Code hereby is amended [o read, in words and f iguzes, ea follwa: "Section 12.64.010E Poeae as or co¢s~e alcoholic beverages. For purpaeee of this Chapter, the term 'alcoholic Leverage` or 'alcoholic beverages' shall have the meaning set forth in Section 23044 of the California Business a¢d Yr of seal one Code ae the same pr anent ly e:iata, or as [he same may be emended from Cime [o time;" SECTION 2: The City Manager hereby ie directed to pose, or to cause to be posted, as o£ the effective date of [Lin Ordinance, or upon the later opening of any new City perk, at each entrance to each such City park, a sign stating, aubstentially, ae follwa: 'Toeaeeai on or consumption of altoha,ic beverages in City parka is a misdemeanor - Rancho Cucamonga Municipal Cade Section 12.04.010." SECTION 3: Any violation of this Ordinance shell 6e deemed punishable ae a misdemeanor in accordance with the pr ov isione of Section 12.03.170 of [he Rancho Cucamonga Municipal Code. SECTION 4: She Mayor shall sign thin Ordinance end [he City Clerk shall cause [he same to be pub l iahed with is fifteen (15) dags after ire passage a[ least once i¢ TLe -aily Report, a newspaper of general circu lati¢n published iv the City of Ontario, Cal if otnie, end circulated in the City of Rancho Cucamonga, Cal iEornia. PASSED, APPROVED, and ADOPTED th ie day of , 1985. r9i ,,., n ..,, ,.,.,. , • • STAFF REPORT y~~%~~., f DATE: April 3, 1985 _ ~ ~? T0: Mayor and Members of the City Council ~y-- FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: SETTLEMENT AGREEMENT WITH SAN BERNARDINO COUNTY LAFC AND THE C[TY OF FONTANA At the March 20th meeting, the City Council approved a Settlement Agreement between the City of Rancho Cucamonga, the City of Fontana, and the San Bernardino County LAFC, pending Lhe resolution of two separate agreements with affected property owners. The main points of the settlement are noted below: o Guaranteed future boundaries north of Summit Avenue o Protection of land already in the City of Rancho Cucamonga o Preparation of a Specific Plan and an Environmental Impact Report for the Hunt Club property o Review rights by our City Council of the development alternatives to be selected for the Hunt Club property o Acknowledgement of the separate agreement with the Hunt Club property owners limiting the development densities to an average of 4 units per gross acre o A statement of cooperation in encouraging the establishment of a regional park in the area of San Sevaine Creek along the sphere of influence boundary. The agreement also calls far approval of the settlement by a resolution. The resolution is attached for your review and approval. RECOMMENOATiON: Based on past Council direction, it is recommended that the attached resolution approving the settlement agreement subject to the execyt ion of two other related agreements, be approved. Re ~c ly sU bmitted, RickGame Cit ner RG:ns ` Attachmen*. X93 RESOLUTION N0. ~P-4~B3=f-it 8s' ~~~ .4 RESOLUTION OF THE CITY COUNCIO OF THE CITY OF RANCHO CUCAMONGA APPROVING A SETTLEMENT AGREEMENT AMONG AND BETWEEN THE CITY OF RANCHO CUCAMONGA, JAMES BANKS, THE CITY OF FONTANA AND 7HE SAN BERNARDINO COUNTY LAFC. The City Council of the City of Rancho Cucamonga does hereby resolve as follows: 1. The Settlement Agreement and Mutual Release attached hereto as fxh ib it 1 is hereby apDrov ed, subject to the execution of two other agreements with affected property owners consistent with the Conceptual Foundation Agreement dated February 12, 1985, 2. The Mayor, r¢ hereby authorized to exgcute the Settlement Agreement on ~'eh~~If oT th'e'C itg, Counc i7. ' _, PASSED, APPROVED, and ADOPTED this 3rd day of APRIL, 19A5. • AYES: NOES; ABSENT: Jon 0. Mlke s, Mayor ATTEST; Bever y A. Authelet, Clty lerk ~9y --CITY OF RANCHO CtiCA510VG:1 ~~~n.+ro STAFF REPORT ~~ `9. i _ ~~' 'x 2 _ > 19": DATE: April 3, 1985 T0: Mayor and ilembers of the City Council FROM: Jack Lam, AIC P, Community Development Director 8Y: Linda D. Daniels, Senior Redevelopment Analyst S UBJECi: TRRN6FER OF A PORTION OF THE CITY'S 1985 MORTGAGE SUBSIDY OND ALLOCATION TO THE COVINA - ,RANCHO CUCAMONGA - CALE%ICO - DOWN Y HOUSING FINANCE AGENCY On ^4 arch 6, 1985, the City Council took action to transfer to the Redevelopment Agency a portion of its 1985 Mortgage Subsidy Bond Allocation. The Redevelopment Agency then transferred the allocation to • the Housing Finance Agency. After further consideration, Co-Bond Counsel (Sir adling, Yocca, Carlson & Rauth ), for the Agency's 1985 Bond Program has requested that the City Council modify this action by tran sf er ing a portion of the 1985 Mortgage Bond allocation directly to the Housing Finance Agency. This transfer, as identified in the attached Resolution, serves the same purpose as the original action in that it is to service Lewis Homes' participation in the 1985 program. This 3ond Program is expected to close on April 16, 1985, with the total issue being 522,014,000. Respectfut~i~~tJ!ied, LIB __ Jack Lam, AICP Community Development Director JL•LD:cv Attachments: Resolution /9s • RESOLUTION "10. P-t-07~R'- BS "~~Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL IFORtJIA, TRANSFERRING A PORTION OF THE ALLOCATION OF MORTGAGE SUBSIDY BONDS I4 AN AMOUNT NOT TO EXCEED $6,000,000, TO THE COVINA - RANCHO CUCAMOf1GA - CALE%I CO - DOWNEY HOUSING FINANCE AGENCY WHEREAS, the City of Rancho Cucamonga (the "City") has received an allocation from the Mortgage Band Allocation Committee; and WHEREAS, the City believes that the purposes of the City will 6e better served by having the Redevelopment Agency of the City as part of a joint exercise of powers agency carry out the issuance of a portion of the 1985 Mortgage Subsidy Bond Allocation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA GOES HEREBY RESOLVE A$ FOLLOWS: Section 1. A portion of the City's 1985 allocation of Mortgage Subsidy Bands from the fortgage Bond Allocation Committee is hereby assigned to the Covina - Rancho Cuc amon9a - Calexico - Downey Housing Finance Agency. • Section 2. This transfer is for servicing Lewis Homes, a participating developer, in the 1985 Bond Program. The Allocation transfer will he equal to Lewis Homes' entitlement allocation as determined by the City. PASSED, APPROVED, and ADOPTED this 3rd day of April, 1985. AYES: NOES: ABSENT: on D. idikels, Mayor ATTEST: Beverly A. Authelet, ity C erk /9 ~ CITY OF RANCHO CtiCAMONGA MEMORANDUM Dace: March i3, 1985 To: City Council and City Manager From: Historic Presexva lion Commission sy: Mary Whitney, Community Services Coordinator ~~ ~' Subject: Appointment to Historic Preservation Cammi ssion March 20, Agenda Item 7-A. `` Gi;Ca.NO,S,C ./~9 ~ '^,~ ', - ~. _ ~ z `> The Y.istoric Preservation Commission, at their March 7 mee tinq, unanimous Ly selected Br. Bob Schmidt to be recommended to Council for appoin invent to the Commission. • Mr. SchmLdt ig currently the President of the Casa de Rancho Cucamonga Hls for Scat Society and has Continually displayed his interest, knowledge and en thug iasm for historic pceserva tion. If appointed, Mr. Schmidt would serve out the term vacated by Commissioner Kilmurray in 7anua ry of this year. Nis term would expire .7uly, 1987, ?h~. is l97 ~I~iG':?u~„~ CITY Of RANCHO CUCAA70NGA ADMINISTR~T40N i x,986 lu. ~. r', 7)8191n1~11~111~fS141516 CISITBN'S SPPLICIIIOII 10 SERVE ON Historic Preservation Commission R.A. Schur iAt ADDRESS 6917 Rervl St. Rancho Cucamonga CA 91701 PNONE 9R7-?942 OCCUPATION Elementary Principal EDUCATION: (list highest year completed and all degrees) Masters Degree CAlifornia State University Los Angeles- 1962 Rachelor's Degree Washington University St Louis - 1950 Are there any workday evenings you could not meet? If so, please Sist Mo • Why are you interested in this position? I am extremely interesteA in Local historv. I have IiveA u~orkeA and owned oroper[v in this area for thirty years and I am involved 'n [he tour munin~ and its background. What do you consider to be your ma,Jor qualifications? I am active in local historv research as Presiden[ of Casa Ae Rancho Cucamonga HisTOrical Society. I write historical articles for their publication. I have an academic bac'ngrounC in historv. REFERENCES: 1. Maxine Strane 7407 Archibald, Rancho Cucamonra 91730 2. Eugene Billings 6RI3 Ame[hvst Rancho Cucamonva 917C1 g, Floyd S[ork 735 N. Ukiah Wav Upland 91786 Please attach a written statement containing any additional information you Ceel would be useful Lo the City Council. (RC Form E) <9& l y~-:''~ CiTV OF RANCHO CUCAfdGNGA AD M.I N'ST~i TfON MAR 141985 AM PM 7i8i9ilOill~l2i 1 i2i 3~4~5i 6 n CI7I26N'S lPPLICeSION TO S6RYE ON ~-~IS TC E~~ 1i c'S i 2.: aT~o,~ ~ w.,ss,na; NAME v C ~ r~ .. t '; i' ADDRESS ~ ZZP l' PHONE ~'-~~~ ~'~~ OCCUPATION EDUCATION: (list highest year completed and all degrees) Are there any workday evenings you could not meet? Lf so, please list 'Why are you rote..^e sted in this position? - i~~.~ n G What do you consider to 6e your ma3or qualifications? A i ~/ f. / r ~.. i : /. REFERENCES: 1 . IYbf f N' ~ ~ ~ r' , ~ ., k a_. 3' L'_-~ -- ---'...~. Please attach a written statement containing any additional in Tormat ion you feel would be useful to the City Council. (RC Form E) i99 C~ca.trOti~ ~ ~ / 1- ~' 1 ` 1` •Fi~> I9'] CITY OF RA,'~ICHO CUCAitiIONGA x••..lon 9.:Aikeie t•.,.w..w... Chula 1. Buqu<t 11 Jefhey Finq Richard \1. Dahl Pamela 1. Wright CZSIZEN'S APPLICATION TO SAAPE ON Park Cevelooment Co~^~ni ssi on ADDP.ESS ~/e.~~' ~~ cd~r~t,c-l-i,.s.- ~-c`;b/',C- FLU-f:a__ 'y'am PHCNE ~~~ 7 Ul 3 ~ CCCCPAT:CN .];~ , '..~ ~.x'.~Ly(-y .-< /-I ~ e`~~-~~-Cc, r ~ °_DCCATICN: Gist highest year camp:eted sad all Cegrees) ~ct-r tip/ .wLi-.~P ~ t-or~r.-L<-' . „CI-Ct~ / 2gnia r Are :here ary workCay evenings you aau'_d not mee*.? `_. so, please Llst ,~~-~ • a-ny are You interested in this positlor.? ~~' $vrti' ''i2Ca_@'~ ..~~1~ur V~! ,~ ~,~.c- i -'t/~u,w i' :'~-aw ~Lrti->r•...<-rv.,4. ~.<.~._C 4- .:-.~.rX shat do y q ~ you cots ider to Ce our as;cr uaiifications?_ ~-CL~-.-: ,F.'-z~-- c [ ~Ce-~ I..r--•C REFERENCES: v t. z~cl-~• ~ti~,~.~-~~2.c.yvt~.~.G. !//c'-ncr_~Y'o-~t~Q--_!<aCs'a_-4 ~J~`f-~r~` Please attach a written statement contalning any additional information you feel would be useful to the CSty Council. • (AC Form E) fJRe BA9EL1NE 80AD, 9UREC • PORT OFFICE HOE !!7 RANCHO CL'CAMONGA. CALff08NIA 9117! (t1Q!!}t!!1 • ao~ . CITY OF RANCHO CUCAMONGA / a m ~ • 0 0 g Z U > 1977 CITIZEN'S APPLICATION TO SERVE ON: .r. /~:Ik /t. /-ii" [ rt' L - "/ NAME (i'IL l(~l 1(~~~ ADDRESS e/C ~-~ ~l/-~I)l(=LL/I) CC:(k-T PNONE'~ (iQ'j- c// ~ ] OCCUPATION ~1~ Stl(~Z'-RF ~///C. CS.~ P A/[ /h.ld~ Cam./[ i l1iG 1'//t~'- /)it ~- LN-'.~('/ EDUCATION: (list highest year completed and nil degrees) ~} ll. /fir/-k-[~ C'AiQrFC:'l/ C'~~r_(tR~-E Efi~i L.. N C(':~C~GE Aze there any workday evenings you could not meet? If ae, please list. /V (; /l (;. why are you interested in this position? A,~~ 6c7t/y 2,C 7t CE~7 til /ti • 7NE ~D~"~r-[c'vniEn,- o~ i.+4:. Ctinnl..ti,P~y-L-vier-~~lu~~c ?ile.KS /.e TN C' ~, rY 1~ Ani LCk .i /ti~:~ttr0 ,ti Ayir . /IOu[/ Si Fae2./7} _cCC .. • 17+c S~. ne'Ct n,.. J+e.in~ whet do you consider to be your major qualifications?: /-'Acr ~''<-t ~, a=r~ .~.- .NL ,.it c,INCF (SPCC 7/6 iC %c/<( (t/o •n L NA~C /-, uFV <A ~ (., (,l ".a.-. A 3i i /~ IhV 3J ycN Nn.~n C'deE ocAy n..~H :.,~ -u,5 (,i~ ~. Rm J c ,..c~r,.<~ I'Cr Jr •~~ L-.'N ~ . l1~a /1f: r/ /:<. wf~ un ,w. *HE Cr~(w N a. G.. rE'+. Pt,. `~ /14. ro.l.i /~Nrr .Yc REFERENCES :'4C-~([/P~~ua,fy C'IL~~: „iW0 •~idtD •~,etr - .1rt•, _:(..,e ^-.~•.•• ',~E~.~ r15 ]ne ~ JY CJ...i rF .ie} 7c eF<- 1.[~U(f/<1GC /~'/Cy Na yS~a. 4•.C L. 1 Pi+. ~I PNC ,~L,: ./J 'ii ei-K r~C, G. z• %ATHtt' rNTclkc~!- - yw ic7c~. Si if+t~.C CP%r~'-.c ~ -!;;~'<N I. ~'o/c L.t ~[ (~ - (~Cnl/It /Si.f ~. /L fl• V, SC' , •t l.h,^ Y'G.t:Pci +-ILZrlN[-C- TAS'T /ZMc:C ~C,t7.h.irEF_ 2 J6c:C-/1Gc!- Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council. C A o/ PO%TOFFICE RO%fW • RANCNUCCCAitONGA. CALIFORNIA !1710 • 171UffFlafl `4a rch 15, 1985 Vayor ion D, \Tik ale Cih~ Council \Irmbr rs City o(Pencho Cucamonga Dear Mayor ~fik rls and City Council \•tembers, I am vr~atly intr re sted in bein¢ en active member of the city's Park Com mission. As a li t•-loop resident of this area, I take greet pride in our community and its acti vitirs. Th rou shout the years I have been involved in our comm- unity as a past each (or A"SO (Syee rsl, I em a pact president oC the • -'omrns sorr r team. i have served a t•~o year term v~ith the Student Cite Council at Floyd Stork School, my lest year es Chairmen. I ••as inat rim ental in bringing Cable T. V, into my immediate neighborhood, and also inst r~mental in bringine [he Vei ghbo rho od {Vetch Program to my street. I am currently a Block Parent. I +~ es an active member on the Heritage Park Task Force and a member o[ t'ne Red Hill Basin Task Force ee v~ell. ~Py Husband es +• ell es myself are both involved in law en(o rcement as Cull time ca rag ra, Lest Saturday I volunteered my time (in~e rprinting children ~.. ith the San Bernardino She ri (Pa Dept, sod the Chamber of Commerce for our City, I balieve in programs that ere vro rthwhile and beneficial to the residents o(our Community, Beane involved with the Perk Commission vrould be a very sa*.ie (yin? endeavor (or me, Any consideration given me would be greatly appreciated. i v ~ a . J '~' O.l ~-~ ~lUb(O ~~'~~~ CITY OF RANCHO CUCAMONGA •=' ~~':~r My.. Jon D. Mikele C p Co.nnlw.nkn L ~ Charles J. Bugvet II James C'. Frost ~~i__ Rishurd M. Duhl Phillip D. Sshiwser CITIZBB•S APPLICATION TO 5289E ON Advisory/Parks NAME Faye E. Chapman ADDRESS 1580 E1 Arco, Cucamonga, CA 91730 Home phone: 985-3214 2HDNE Work: 620-7511 83378 OCCUPATION Small Business Co-ordinato r, General Dynamics EDUCATION: (list highest year completed and all degrees) Are there any workday evenings you could not meet? Zf so, please list • Tuesday 'dhy are you interested in this position? have always been an involved citizen sensitive to the comnuni ty needs du ring rapid transition. I feel I would like to De more directly involved. What do yeu consider Lo he your major qualifications? R ~ ~ ~ ~ ~ E i _ See att achec page. ADMINISTRHTION E EFEFE`iCES: t. Pat Gearhart 6862 Eti wanda Avenue, Eti wanda 2. 8e ttv McNav 7600 Calls Casino, Cucamonga 3• th r Charles Bennison St. Marks Episcopal Church 330 E 16th Street, Upland Pleaae attach a written statement containing any additlonal information you Teel could be useful to the City Council. RC-(J) .2 e3 9730flAtlt; I,INR ROA U. SCITFf • POST IIFFIC'2 BOX a07 • RANCIIO CDCAMIING A.CALIFOR NIA 91700 g1419fla•Ia51 Advisory: I have chaired the Civic League Organization in my former town in Virginia. Currently I belong to the Pomona Chamber of Commerce, Pomona Business 8 Professional Women, as Membership Chairman and am a Booster to the National Management Association at General Dynamics. Parks: I have been very involved in Garden Clubs and Beautification Committees in Virginia. I would like to see all the new developments in our area start their own clubs to beautify our city. This also fills a social need as well as building a sense of pride in our community. ~ 1 LJ boy ..~ ``G~_`I°'~ CITY OF RANCHO CUCAMONOA <,~ ~~ ss r,.r~r I~ o' ii ~ A F N> 19]7 C iTI ZEF'S APPLICATION TO SERVE ON: PntkB and Necreatl0n 'IV+ o - 1N e NANE Cary L. Ste Vep6 ADDRESS 1303$ l1/y RMCI10 CnnamOllga RxoNE(714) 899-1028 occvPAazoN Field Operator EDUCATION: (list highest year completed and all degrees) NSgh Dchool Mplo~ . Are there any workday evenings you could not meet? If so, please • list. No Why are you interested in this position? To ~I'omete Snterest In and fairmeseea to all recreational activltiea Sn the city What do you consider to be your major qualifications? Plesee xe attached statement. REFERE`ICES: 1_Cary Ciche lls 9800 Cinch Ring Lsne R C (~14) 980-Sy99 Certified FuDllc Accountant z.Jerry Bredlau 1'~0(W pinon R ~(~f )99_1 t91.R school Anerd Per 1A t 1 •*~» unnh-,. ~py+ ~lueman R.~(~~987-2389.CStrua Little League president Please att ich a written statement containing any addi [ional infor- mation you feel would be useful to the City Cou nci~.E Q ~ ' r E 0 cln of aAncrw cucAMOncn ADMINISTR),TION ~ wit s ~ 8~4u1~i~,s,+l,tr s PAST OFF9CE fl0%607 • RAVCIIq CL'G\)IOVGA.CALINOft VIA 91760 • (7UI969J851 '.LOS Aa my ma jar qualSfications,l present tha following, 14 years as a Little League manager and eoach, • 4 years ae a girls softball coacp, 7 years as Se¢ier-Big league Adainistrator for District 21. 2 years as Ana 1 Mmctor for District 21(LSttle League Baseball). Yhile serving m Ana 1 Mnctor sad Senior-Big league Admi¢Satrator,I have hxl the opportunity to solve local league problems involving scheduling, rule book decision,and field problema(Sncluding helping build a Senior league field for Yineyard Little League ).Besides baaeball,Ihave supported the youth soccer leagues in tha city,Z have supported Alta Loma High School sports teams and plan to oupport sports and bend prograaa at the new Etlwenda High School. I feel that the city moat fiM or begin to provide adequate apace for all youth sports programs and city apomand nenational progrsma.Thle must be done through bond Sssuee or other meals for mom city parka.Beaidea sports programs,mom parka am needed for city maidenta to aped their ]eisum time.Thmk you for coasidezing my application, • aincenly, Cary L. Stevens • d oG ~~:-+1r0 ~~°~~> CITY OF RANCHO CUCAMONGA . " ' "a} x r....d....tm C - L ~ Charles J. Ruyuet II Jamo ('. Frost --- -~- l~__ -. Richard 8I. Dahl Phillip D. 5chlnns<r CITIZEN'S APPLICATION TO SERVE ON .'L(. ~'~'/ _2 L~Ci1-'_7iy.' `/'~ - _ 'i:.4%/'{- SAME ~ ~".,'La' ..`_J~ ^' ADDRESS ``/_','i; -' /i~T v, tJ`. ~'> .. ,.~ PRONE "~'~'•-~~ i~/~' OCCUPATION ~ ' ` Ti '~ ' /~_ '-G[j f 1./l~li ~ EDUCATION: (list highest year completed and all degrees) y ~ , , -~" Are there any workday evenings you could not meet? If so, please list ' • 'ahy are you interested in this position?~~ ~ r. ~ ~s t'f~1- "" • _ ~.,. _ ,~ili~_ W,^,at do you consider to be your major qualifications? ~. ,,.~_•t.. i ," ' REFERENCES: r r 2. i` ~Crl.J ~ '~ r ~.w Jbi~l _t .r~:%!'/..S.~a' r'.4~. ~~>'; _5.50 , 3. 1. J-Y /'Y'snll ~)/~~~1'i ~Lin~~l/s~,t.ZL' ....~/~- ~„ir Please attach a written' statement containing any additional information you feel would be useful to the City Council. RC-(I) 9820 BASELINE ROAD, 9CITE C • PDST OFFICE RD% 907 • RAN('HO l'('('AMONCd. CALIFORSIA 91780 • 1714] 999-1951 ,~`~'~"°'`~, CITY OF RANCHO CUCAMONGA ~~ p~ p U ~1 19iT CIT I2EN'E APPLICATION TO SERVE ON: NAHE_~ - - ~C.'~ - - ADDRESS Y' ~!"~c - • C.-r,G.- PHONE. ~j".- 'l~Y ... tj -r ' OCC[1PATION ~ .F~~, n, G. i.c g: ~,+T~_~, ~a.~i<;.V ^v ~Y,j :L'. ~F ~~ EDUCATION: (list highest year completed and all degrees) Are there any workday evenings you could not meet? If so, please list. ~ C 'CC--~ - • Why are you interested in this posi tion7~~, ^, t' G. ;r-.+••-.-+>'a~. '"G>~i~C'Q iRP(/r-G h:;,(; 45 ~:r'~~ ~'~ EA.CG~y ~-F;C `~G~•.N ,'What do you consider to be your major yualificat ions? `+TCi ,-~c.ve„~,c. n ~~ `<, C: ~C P.SVv 14 ~ c c-Cf :, j9l~:~r?,s 14 ~'~F'i ~,~r~- : J4 GL r rY] M + REFERENCES: 1. yC: .I•r•5 .. ,'~Y ~~' i y_ 3. ~.+/Y" 7 rte'.. _ Please dtta C:9 a wri Cte^ Statement COptdin in9 any add1t10fId1 infOL- mation 7ou feel would be useful to ttte City Council. .-+_ ~_ _~.w.fT t, r,~~F'+ ~c~ ~~y7e s'~~-r~ c <r7C'v ~~~ ~ r~Q' 11 ~ :.~ .r .1 ,C.. ...~ c.._:J .L G7G UG ~ ~.i r, ~~ POtiT OFFICE RO%tl0T ~ RANI'llll C'L'C,1NON4A,CALIFORNIA 91700 ~ pN19tls•Itl51 206 CLGaSlO ~~~`~ CITY OF RANCHO CUCAMONGA ~ _ \ 9 ~ - • _ ~~ v.r.• Jon D. Nikels ~ r..~v~l.vwM.. C - L ~ Charles J. 6uquel lI Jamee C. Frnal - - -~ - Richard 91. Dahl Phillip [l. Schlosser lo CITIZEN'S APPLICATION TO SEINE ON ~~y ,CK (F: '!~%/%I!//~ ~ ~ ~ ~ ! .:/ i : ~ i ,.r ,'r ~rilvr I'}ci (' ilrn .,~ ~w tr/i PHONE [ f,^. - > l~` ~ OCCUPATION- ~n, v ina= e~,. Fri --/'/2f j?r~oi//:•.tJ EDUCATION: (list highest year completed and all degree,,//s~~) // ~~// r%~r'/-''-'•"%~';{C :-li •: -, /~f.,r'irY ~`: .'/n'ly .nf~$i F/h/YF.KA~,7 K.`. i Are there any workday evenings you could not meet? If so, please list irny are you interested Sn this position? _ '> • c . /',-' '-~ C ~ ' rJ T[ J/1 G,:. o l: %-`~'h Il~.l ~ (.~ r rv % 'e/ r` ~C k' loo. ~ rl; ~r [ ..!.at do you consider to be your ma,]or qualifications?''Y,i[•" ire ~`r~ ~,v %f/i~l' - •,r '!i r:; i /i i/',., ..(>NG l fh-a - h~.`:/mar/ i.vr .'Cl =~r('C~ /:-/{ r J~ =EFERENCES: 7• tbu <' LLIiti JAai•~ %f ri`[71 nn 2. [~( I>ih ( G- )rI l/r ref i - " ,'/~ Please attach a written statement containing any additional information you feel would be useful to the City Council. RC-(I) 9820 BASELINE ROAD, gCITF. C P09T OFFICE BOX A07 HANCNO fL'CAMONGA. CAhIFORNIA 91780 i71/1 B80.1A51 .~ ,- ~'.. SETTLE)IEST ;1GREE?IEAI ASO :fUTC:\L RELEdSE PdRTIES the parties [o this dgreemenc are the City o: Rancho Cucamonga, a municipal corporation, whose address is 9320 vase Line Road, Rancho Cucamonga, California 91730 (hereinafter "Rancho Cucamonga"), James Banks, an individual, whose address is the City of Fontana, a municipal corporation (h er einaiCCr "Fontana"), whose address is 8353 Sierra dvenue, Fontana, California 92335, and [he San Bernardino County Local :1gency Formation Commission (hereinaf CCr [he "Com- mission"), whose address is 825 East Third Street, Roam 201, San Bernardino, California 924(5. REC ITdLS Rancho Coc amonga and Fontana are cities adjacent [o each other, sharing a common boundary in some areas and separated by unincorporated county territory in others. The Commission, whose [ask it is to set and review [he boundaries for spheres of influence be [t+e en cities and Co approve anne xntions, originally estabLlshed [he sphere of influents boundary between Che two cities notch of Summit ,lvanue at the northerly extension of San 8evaine Road. In 1984, following an application by the City of Pon [a nn and in spite of nnposi[ion by the f,1Cy of Rancho Cucamon ea, the Commission by Resolution 9o s. 1944 and 1945 Chan red this sphere of influence boundary ..e tween [he two cities by mo vin!; i[ eastward to the northerly fate nsion cf Cherry ,lv enue notch of Suomi[ ,lv enue and approved 1 annexaCion of some of the area between [he northerly extensions of San Sevaine Road and Cherry Avenue [o Fontana. This annexaCion area is formally identified by [he Commission as Anne xa[ion No, 114. The ulCima[e location of the portion of the northern boundary north of Summit Avenue between the two cities involved in Annexation No. 114 has been a matter of dispu Ce between [hem. Resolutions Nos. 1944 and 1945 were challenged in the action ent iCled City of Rancho Cucamonga and James Banks, petitioners v. San Bernardino County Local Agency Formation Commission, respondent and Ci[y of Fontana, real party in ince res c, and is Identified as San Bernardim County Superior Court Case No, pCV 34356 (he re inaF[er "this action"). All parties to this action and eo this Agreement nou desire to settle and dispose of, Eully and compleeely, any and all claims, demands and causes of action which are contained in, may arise out of or are in any manner co~nnc red with [his ac[fon. In consideration of the mutual releases contained herein, and for good and Valuable consideration [he recei p[ of which is hereby acknowledged, the parties promise, agree and release as follows: 1. Rancho Cucamonga and Fon[a na each agree [o accept and respect [he sphere of influence boundary north of Summit Avenue established 6y Com- mission Resolution No. 1944 as shown on E%hibi[ "A" attached hereto and 6y reference incorporated herein, and [o make no attempt to have chic 6o undary desipna ted as within the sphere of influence of the ocher city. All parties recogni %e that said boundary was established by the Commission of ter extensive consideration at duly noticed public hearings and constt- to res a logical and appro prince boundary between [he cuo cities. Rancho Cucamonga and Fontana further agree co accept and respect each ocher's cur ren[ly incorporated city territory and no[ [o initiate annexa- 2 bons with each other's present city limits, as shown on Exhib ie "A". 2. The Commission agrees to accept and recognize the present Rancho Cucamonga city limits north of Interstate IS and to accept and recognize the sphere of influence boundary line established by Commission Resolution No. 1944 as [he plan for the probable ultimate physical boundary and service area between Rancho Cucamonga and Fontana as the boundary and service area is defined in Government code Section 54774. 3. The Commission 5ha11 complete Annexation No. 114 Co Fontana upon execution of [his Agreement and Rancho Cucamonga and James Banks herehy agree thereto. 4. Fontana shall prepare and complete a specific plan for Che area in Annexation No. I14 (Che "annexation area") and an Environmental Impact Reporc (°E IR") for said specific plan pursuant [o Che provisions of the State Planning and Zoning Law, Government Cade Sections 65000 e[ seq, [he California Environmental Quality Act. Public Resources Code Section 21000 et sea, ("CEQA"), the State CEQA Guidelines, 14 Cal. Admin. Code Section 15000 et seq and [he Fontana MunScipal Code before permitting any develop- went Sn the annexation area. In so doing Fontana shall solicit and se rlous ly consider the concerns of Rancho Cucamonga and shall proceed in accordance with Exhibit "B" attached hereto and incorporated herein by reference. In par cicular, without limieing the foregoing Fontana shall require ehe payment of school impaction fees, or the equivalent, and any other fees which may be identified as necessary mitigation Sn the environmental review/specific plan process. 5. Rancho Cucamonga and Fontana acknowledge Chat the owner Of the 570 acres in the annexation area has by a separate agreement with Rancho Cucamonga agreed that [he annexation area shall be developed a[ a 3 density of no more Chan an average of four units per gross acre. Fontana further acknowled bas that this density is consistent wiCh Fn ntana's Dre- zoning of the annexation area. Both [he Cities of Fontana and Rancho Cucamonga mutually agree [o pe rmi[ development a[ de ns i[ies no higher than those established by [he present lies[ Foo Chill Comnuni ty Plan. 6. Rancho Cucamonga and Fontana acknowledge [hat [he owner of cer- Cain unincorporated area west of Che sphere of influence boundary esta- blished by Cor..mission Resolution No, 1944 and wesC of Annexa [ion Ko. 114 has be a separaee agreement with Rancho Cucamonga agreed Co annex the area to Rancho Cucamonga and Fontana agrees noC to object [o such annexation. 7. The CiCy Council of fta ncho Cucamonga, [he City Council of Fontana and [he Commission shall each adopt a resolution authorizing the execuC ion of this dgreement. Said resolutions are attached hereto as Exhibits C-1, C-2, and C-]. 8. Rancho Cucamonga and Fontana agree to coo pe ra ce in encouraging the esta bl ishmen[ of a regf anal pa zk in the area of San Se vaine Creek along [he sphere of influence boundary established by Commission ResoluC ion No. 1944. 9. No Future change in the land use designations of [he County of San He rna rd ino shall in any way modify this Agreement. 10. Upon the execution of this agreement, Rancho Cucamonga and James Hanks shall ft ie a dismissal with prejudice of this action. 11. Each parry he re[o shall bear his /her(iCS own costs and attorneys' Eees incurred in [his action. 12. This :lq reemen[ is made in comprom tse of disputed claims be [wren the pa rcies and provisions oC this agreement arc not co be consr nerd as an admisalon of liabi lt[y or re span si bil i[y un she pa rl of any party. 1.7. This Agreement constitutes an explicit waiver of each and all 4 provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend [o claims Which Che creditor does not know or suspect exist in his favor a[ the time of executing the release, which if known by him must have ma [erially affected his settlement with the debtor". L4. There are no agreements or unde rs landings between the parties regarding [his matter except [hose expressly set forth herein. 15. This Ag reemen[ shall inure to [he benefit of and shall be binding upon the heirs, successors and assigns of the parties and each of them. l6. The parties hereto hereby declare chat they are executing [his Agreement in full settlement and release with full knowledge of its provi- sions and after receiving legal advise as to their rights from their respective attorneys, and declare that each person executing this agreement Sn a representative capacity oT on behalf of a principal or public entity is authorized and empowered to do so an by doing thereby binds said princi- pal and/or public entity. 1). The parties have cooperated Sn drafting this Agreement and neither the Agreement nor any provision thereof shall be construed against any party in any conSCruc Lion or interpretation of [his Agreemen [. 18. Except for the agreements se[ forth above, the parties he retc do hereby mutually release and discharge each other, their heirs, successors and assigns of and from any and all claims, causes of action or demands of whatever nature, ant lc ipated or unanticipated, known or unknown, incurred nn or before the date of execution to this .lg [cement by the parties hereto, Including, but not limited to, all claims, causes of action or demand which arc contained in, or may arise out of or he in any wny connected with this 5 action. 19. Soching in this ag reemen[ shall be construed Co prevent any pa rcy from bringing an action to enforce the provisions of this agreement. In any such action, [he prevailing pa r[y shall be entitled to recover}' of :he reasonable attorney's fees incurred in connecCion Cherewith. The parties hereby agree to esecu[e any other documents necessazy Co effect [his Agreement. Oa ted: 1985 Sames E. Banks Dated: 1985 Ci[y of Rancho Cucamonga ay Jon ;li ke ls, )Iayor Da Ced: 1985 of Fontana than :A. Simo ayor Dated: 1985 San ernardino County Local Agency Formation Commission By Approved as to Form and Content: RLCHARDS, WATSOS, DREYFUSS 5 CERSIIOA A Professional Corporatl on ALLARD, SHELTOS & 0'CO\ROR Wynne Furth Cary C. Wunderlin Hy P.ochelle Browne, Attorneys for the Cify of Fontana Alan K. Narks, County Counsel San Bernardino County HY Hy ACtorneys for City of Rancho Cucamonga and James E. Banks Clark H. Alsop, Deputy County Counsel, Attorneys for [he San Bernardino County Local d&e ncy Formation Commission i ~_ ~_ ,~ ~ National-Forrest Boundary ~A ~~ _~ ~~-' i. ~ ~ ~ . , ~ ; i _. I _ _ ~i.~_ .... _ _ _ .._, ___ _ __ _ . __. I - - ._ _i ..-.. ~ . _. _- . i- - A ~, ° ,~; ~ ~ ~ ~' _-~-I o~~~~ ~ , ~~ - ~ . - -' I i ~ I l~ ~ .: ~ i ~ ... A' _ ~' \ ~i ~ ~ ~ p ..i ~ _ . ~--C1y~. .~ T ~,: . ,. ~''' ~ ` 1., - .53.. env. ' ~, Y ~ l --,---- ; ~',E m ~^ /~ v _ %~ 1'i .l C ~/ l 1 iii ~~ ~, ~yI ~q-,' ~fu ^ u~~~fMl~~ Uf~~ Ova `I -~~I~~+ r-o-Jj ~~~~ ~1 _, ...; ,:.~.„ r~~.i l~, 1 aV `~ ~, .~s I:~ ~~I ,.M it^ti N ~~ _ %~~ m 1' e ~,~ •.~ m boundaries i° ~~~ H e i~_ ..~ C i _ 1 ~ q . ~~~ .. ~ ~o~~~ N NORTH ' ~~~ i .~ d i - t._ , ,e`er . U~__.. ._._ ~'~.I ~ ~ I~~i r~, ~. '{\ c '' jl ~ 'i . EXHIBIT "A" E.l'i?I 3IT "B" The City of Fontana will solicit and seriously consider Che concerns of Che City of Rancho Cucamonga in the ore pa rat ion of a Specific Plan and Environ- mental In pace Report for :\nne xa tion Brea .1'0, 11 G. Generally, inpue from the City of Rancho Cucamonga will be solicited in accordance with the format found in the "Scope of Work" which follows. IC must be noted [hat the fonaC for [he "Scope of Work" included herein will change somewhat as a result of ne goeiaeions with [he consul CanC se lee [ed [o develop [he Speci- fic Plan and Environmental Impact Report. Regardless of any chances to [he "Scope of Work", the followin6 points of input and/ar sharing, of produces will occur: PHdSE I Task L: Programming The primary focus of [his Cask will be to develop inieial deve Lopment con- cepts and strategies for the site. The Consultant Team will: meet with C11enC Team Co outline the existing goals and ob jec[ives of the Ci[y of Fontana and Che appl icon[, which are relevant to [he specific planning pro- cess. City of Rancho Cucamonga staff will 6e invited [o participate in this meeting Co cla Cify Rancho Cucamon ga's ob jec[i ves and concerns. o the summary report shall be made available co Rancho Cucamonga scoff. Task 2: Research Tha purpose of [his Cask is co became familiar with Che site Cn determine environmental, social, political, economic, pltys ical and other Eactors which may have an impact on developmen c. Simultaneously, the Consultant Team will begin preparing the Environmental Impact P.e po rt as outlined in Phase II, Task 4, Environmental Impact Re po r[. Consul[a nC will meet with rep re se natives of the Ci[y of Rancho Cucamonga [o retrieve information on factors which may impact the developmen[ of [he Specific Plan. o Copies of to pe r[s shall be submitted to Rancho Cucamonga staff. Task 3: Synthesis The purpose of [his task wiil be to evn lu,tte and synthesize the information from prior Casks and to present this in 1'n rmaLion through Che use of tom pos i[e maps, diagrams, repo r[s and suppLenental visual displays Co ind icace the oppo rt uni tic s, limitaeio na and alternative development st Cd reties associated uith [he Sub jer.t site, The consultant u[I1 meet with Client Team to identify all pertinent research findings, Che in[e racoon of [he Bice cha racCerisCics with Che a1 [e [native de ve loonent concepts and expectations Far [he site to result in modification of the dra fe (first cuts) al to mace land use plans. o A summary Re po r[/Copies Co Rancho Cucamonga SCaif. Task 4: dlte rna[ives The purpose of Chis [ask will be to prepare chree al [e rnative site utilization concept plans base on the above preliminary eval uaCion and analysis and on Che initial development concepts. The intent is [hat these alternatives will qualitatively different. present three (3) alCC rna[ives [o the Rancho Cucamonga Ci[y Council a[ a workshop session for Che purpose of ob Ca fining forr..al recommendation. AC tend and present three (3) al[e rnaci ves [o the Eo ntana Planning fommission (a[ a workshop), for [he purpose of selecting a preferred alte rnn Ci ve, alonS wich Rancho Cucamonga Ci[y Council recommendations. Rancho Cucamonga input shall 6e given serious consido ra [ion by the Ci[y of Feneana, particularly as i[ might relate co the previously identified environmental issues and [heir effects on [he Ci [y of Rancho Cucamonga. o A copy of the draft product will be made available to Rancho Cucamonga. PHdSE II Task L: General Plan ~\mendment tlo [h ing required iE consistent wich agreement. Task 2: Refinement of Fiscal Report Copy of the draft Fiscal Impact Report will be sent to [he City of Rancho Cucamonga. Task 3: The Specific Plan The purpose of this [ask is [o produce a worl:ahle plan doe anent. o Draft copies [o Rancho Cucamonga Task 4: The Environmental Impact Re po r[ (EI R) Concurrent uleh [he preparation of Cho Specific Plan (development plan), and GP~1, the Consultant Team will prepare an EIIt which shall confo rn [o [he Guidelines of khe Califo cola F.nvironmen[al OualLty :1cC (CIiQd) and the City's EnviCOnmen[al Guide Li nes (CEG). 'Che Consu lane will work closely with the Client Tcam and with liancho Cucamonga Staff Co see the[ all previous iy identified issues are satisfactorily addressed. Fontana shall seriously consider those environmental issues identified by ehe Ci[y of Rancho Cucamon,~,a and the Counc y's En vironmenCal Review Process during the annexation hearings and subsea Uent liCigation. Fontana Will also seriously consider those issues of fee [ing the community of E[iwanda. Each of these issues will be addressed by the Environmental/Specific Plan ConsulCanC [eCained by Che Ci [y of Fontana. Submit cite ula Cable draft EIR/Plan/Copies to Rancho Cucamonga. Su bait final doe anent/Copies to Rancho Cucanon ;a. (RAXCIIO) AFFIDAVIT OF PUBLICATION S.5 n _ , do hereby certify that I THE DAILY REPORT, a daily published in the City of Ontari lot the attached adtrertisem t ~_ Hcarin,7 cucamon~?a Onz ;1) tame L:idL ~... ..,. crr,l:.,:; d, a izc ..,lit. ~ cir;natur,~'I 1 lr ~. i Y f~i NOTICE I} HEREBY GIVEN that the RLOCnO Cucamonga City Council will n01tl Publr< Haring in the Lions Park Com ~ ~ munily Cenlep 9161 Base Line ~ Road. Rancho Cu<amOn9a, Cali \ fornid, at 7:30 p.m. On April a, ~ 1985 to consider Ine IOllowing; Environmental Assessment and DlvebpmMt RlvitW B. 01 TAC Development The development of a senior cltt~ :en nrursin9 prciect romlinq 16! apartment units on <.75 a<r!s a land in the medium ,r e, l resid<mial tlisiritt (MPpoxd (9{I('//r/',(Jlu/vf_,W nigh resid<ntial/senior <itilen overlay disiricU to be I«atld on ih< vresl title o! Amethyst, noun of IHh Street. APN: 701 7l7 y~, Related Files: GPA aS~ 010 and DOA 85-0t. _ Development ggreement THC A development d9ree men} between tn< Gry of Ran cno Cucamonga and iAC ( Develppmenr COrppration rP' ozrdrnc a senior utgen noun rno protect to De 1«a}eo on m< west srtle Of Amemyst, n«tn 01 19In Street. APN: 101 7J7 T<. EnvirOn mental As5PS5men) of dntl Development Di51r iC1 amendment 8501 TAC De vrlOdment A OOVelOpment O ~stnrt Agreement Irom me~ Drum revdeniral (c.7~ tlu/ac) In mgh resrd<ntrel 17< IO du/ act for a senor Cinien apart enrol prelCrl on d 75 dcre5 01 IBntl IOC alpd pn inC wPSt Srn< of Amrrnl'St, norm M 191n ec f rey ~ DR,95 ~e I^'(IPA ~B5 01B E nvrron mental Assessment and General Plan gmenOment fly m0 THC Development. A GOnrral Plan Amenpmr. nl 1rOm m^tl nlm reSrtlPpiral n le du.an to n.gn resmenoal r1a 30 nu, a('r ml a xmol unz<n aP A'fmrnr prnrprr J 7 A, . n! IM ~, "a v,.r~~ n~drN :n i~~; DUA 85 01 All iOlrrpSlCp paltrPS an Vr}rn !7 ai}rn(1 Sari) Vlra! nln . r ,'1 rxpr, S n1YnrJn•, rnr m,. „ r,. n:'n~.~', 11.r F',r,•,i ~ l,y~r . 911 N r ~. r:nr. ,n. ahn:~ -`non :.1 ~' r. ' l~ ., r C' April 3, 1985 CITY OF RANCf1O CUCAMONGA CITY COONCIL MINOTES Resular Nee[ina 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga, Califor- nia, met on Wednesday, April 3, 1985, in [he Li one Park Community Center, 9161 Base Line Road. The meeting wan called to order at 7:37 p.m. by Mayor Jon D. Mike le. Prevent were Council members: Pamela J. Wright, Chazlee J. Buquet II, Richard M. Dahl, and Mayor Jon D. Mike le. Also prevent were: Assistant to City Manager, Robert Rizzo; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Community Development Direc- tor, Jeck Lam; Senior Pl ansern, Ot [o Rrou[il and Den Coleman; Fi Dance Director, Barry Empey; Cammusiiy Services Director, Bill Holley. Absent were: Councilmember Jef fray Ring (working out of town); City Manager, Lauren M. Mae eermas (oa vacation). Approval of Minutee: MOTION: Moved by Buquet, seconded by Wright [o approve [he minutes of February 6, 1985, March 6, 1985, March 13, 1985. Motion car- ried 4-0-1. + s ~ ~ a ~ 2. ANNOONCfl11ENTS/PRESENTATIONS 2A. Thursday, April 4, 1985, 7:00 p.m. - HISTORIC PRSSHRVATION COMMISSION, Li- ons Pazk Community Center. TB. Mednesday, April 30, 1985, 7:00 p.m. - PLANNIIIG COMMISSION, Lions Park Com- munity Censer. T0. Caunc ilman Buquet presented a report from the National League of Cities Congressional Conference. 1D. Robert Rizzo announced the meeting will edj ~~rn [o a meeting on Medoeaday, April 10, 5:30 p.m. in the Lions Park Community Center to adopt Reaolutione apprw ing the Eogineer'• Report and other related resolutions for the Park end Recreation Imprwesent Dia[rict. e f a k a s 3. CON98NT CALENDAR 3A. Approval of Warrants, Register No's. 85-04-03 and Payroll ending 3/17/85 for the total amount of 5734,288.62. 3B. Alcoholic Beverage Appl station No. AB 85-04 for Os-Sale Beer A Wine Eating (1) Place License, Marlon J. Rellas, 9000 Pooth ill Boulevard. 3C. Alcoholic Beverage Application No. AB 85-OS for 0o-Sale Heer d Nine Eating (2) Ptace License, George J. Cuccie, 8241 Pooth ilt Boulwerd. 3D. Forward Claim (CL 85-10) against the City by Dev id M. Hough, claim for (3) indemnity (See CL84-O1 d CL84-37). 3E. Approval of Parcel Map 8116, 0onds and Agreement, located on the south Bide (4) of 9th Street et Comet and Bwen 9ereeta, submitted bq Gilbert Bodrique:. (5) City Council Minutes April 3, 1985 Yage 2 RESOLOTION N0. 85-102 A RESOLDTION OF THE CITY COONCIL OP THE CITY OP RANCHO CUCAMONGA, CALIPORNIA, APPROVING PARCBL MAP 8116, (TENTATIVE PAHCBL NAP 8116), IMPROVEMENT AGREElO!NT AND IMPROVEMENT SE- CORITY (6) 3P. Approval of Psreel Nap 8695, located on the north side of 7th Street be- tveea Pittsburgh sad Bridgeport, submitted by O'Donae 1, Brigham b Partners. RESOLPTION NO. 85-103 A RESOLOTION OP TBE CITY COONCIL OP THE CITY OP RANCHO CDCAMONGA, CALIPORNIA, APPROVING PAHCEL NAP 8695 (TENTATIVE PARCEL MAP 8695) (7) 3G. Approval of Parcel Map 8842, Hoods and Agreeme¢t, loco [ed on the south aide (g) of Terra Vista Yezkvay, east of Spruce Avenue, submitted by Levis Development Company. RESOLOTION NO. RS-104 A RBSOLPIION OP THE CITY COONCIL OP T8fi CITY OF RANCRO COCAMONGA, CALIPORNIA, APPROVING PARCEL NAP 8842, (TENTATIVE PARCEL NAP 8842), IMP80VHlfEIPT AGREEMENT AND IMPROVIDEENT SE- CUNITY 3H. Release of Bonds: (9) Tract 9540 - Located on Turquoise Avenue at Jenuet Street; caner, The Deer Creek Company. Accept: Nsintewnce Guarantee Bond S 2,100.00 Beteaae: Paithful Performance Bond 521,000.00 (10) Tract Moe. 11173 6 11173-1 - Located at the northeast corner of Arch ibeld and Victoria; owner, M.J. Brock b Sons. Accept: Maintewnce Gwrsntee Bond (11173) $15,000.00 Accept: Maintewnce Gwran[ee Hond (11173-1) $22,500.00 Release: Paithful Performance Bond (Both Tracts) $155,000.00 RESOLOTION N0. 85-105 A RESOLOTION OP THB CLTY COONCIL OP THE CITY OP RANCHO COCAMONGA, CALIFORNIA, ACCEPTING PIfBLIC IMPROVEl4NT3 POB TRACT 9540 AND AOTHO8I2INC 19E PILING OP A NOTICB OP CONPLB- TION FOR TRR NORR RESOLOTION N0. 85-106 A RESOLOTION OP THB CITY CODNCIL OP THE CITY OP RANCHO COCANONGA, CALIFORNIA, ACCEPTING THE YOBLIC IMPROVEMBNTS POB TRACTS 11173 AND 11113-1 AND ADTNOEIZ ING TBB PILING OP A NO- TICE OP COMPLETION POR THB MORE 3I. Apprwsl of Policy Statement end Co®itment Eoz an Active Diaedvam[aged Business end Nomen-Owned Business Enterprise (DBB/NBS) Progzam. City Council Minutes April 3, 1985 Page 3 RESOLUTION N0. 85-107 (tl) A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF RANCHO COCANONGA, CALIFORNIA, ADOPTING A POLICY STATEMENT AND COM- MITMENT POR AN ACTIVE DISADVANTAGED/HOMER BUSINESS ENTEIIPRISES (DBE/{iBE) PROGRAM 3J. Apprwal [o transfer fun de in Che amount of $3,270.30 from [he True[ Ac- (12) count to the Intergover~ental Service Pund, to prw ids funding for purchase of et eam cleaning equipment. 3R. Apprwal of Agreement with Nilldan Aa eociates, in the amount of 5546,700.00 (13) with a 65,000.00 contingency fund, [o complete the design development for [he Day Creek Channel, basins and debzia basin. Contract to be funded thzwgh [he Redevelopment Agency's regional facil iti ea fund. (CO BS-032) 3L. Apprwal to authorise commitment of funding for Etiwanda-San Sevaine Bureau (14) of Reclamation Grant Loan amount not to exceed $5,000 [o be drawn from Drainage Fee Fund. 3N. Apprwal of Improvement Extension Agreement and Additional Security fora (I$) single family home located at 13245 Victoria Street, subm i[ted by Michael and Valerie Perez. RESOLUTION N0. 85-108 A RESOLOTION OP TBE CIT4 CODNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPBOVHHP.NT ERTENSION AGREEMENT AND IMPROVEMENT SECURITY FOA A SINGLE FAMILY NOME AT 13245 VICTORIA STREET 3N. Apprwal of additional funding, $35,000.00, for contract inspection for (16) Vict ozie and Terre Vista Planned Communities for off-ei to inepecti on services through June 30, 1985. (CO 83-051) 30. Apprwal of Agreement and Security for Tract No. 11797, located ov the east (17) aide of Archibald Avenue, north of Baee Liae Road, submitted by Elite Develop- ment Company, RESOLUTION N0. 85-109 A RESOLUTION OF THH CITY CODNCIL OP TIIE CITY OF RANCHO COCAMONCA, CALIPORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY POR TBACT N0. I1?97 3P. Apprwal of Improvement Eztension Agreement for Parcel Hap 4837, located on (l8) the east aide of Amethyst, south of 19th Street, submitted by Elaine Kohler. RESOLUTION N0. 85-110 A RES OLOTION OF THE CITY COONCIL OP T71E CITY OP RANCHO COCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ERTENSION AGREEMENT AND IMPROVEMffi7T SECURITY POR PARCEL MAP 4837 3Q. Apprwal of amended Agreement with Stone 6 Youngberg dealing with the ae- (19) eigvment of "CUSIPea and ineureace premiums, for Day Creek Project. 3R. Apprwal to reque et Mortgage Bond Allocation from Stace. City Couocil Minutes April 3, 1985 Page 4 (20) RESOLUTION NO. 85-111 A RES OLDTION OF THE CITY CODNCIL OF THE CITY OP RANCAO CUCAMONGA, CALIFORNIA, AUTHORIZING APPLICATION FOR ALLOCA- TION OF MORTGAGE SllBSIDY BON DE AND FILING NOTICE OF SALE THEREOP WITH MORTGAGE BOND ALLOCATION COlOfITTEE, AOTHORI2ING ERECUTION OF PROGRAM DEPOSIT AGREEMENTS AND PROVIDING OTHER MATTERS PROPERLY RELATIIiG THERETO (21) 33. Approval co release security for As sesemeat Diefrict 82-2, eubmitted by the developer of Tract 30088, Joseph Nicosia, Lee Nebb and Lyman Sutter. Release: Letter of Credit $45,705.17 (22) 3T. Set public hearing far April 17, 1985, for Env iro~ental Assessment aad De- velopment Code Amendment 85-01. (2}) 3U. Set public hearing for April 17, 1985, for Community Development Block Grant Appl ica[ion for Fiscal Year 1985-86, Final Statement of Community Objec- tives. (24) 3V. Set public hearing for April 17, 1985, for the purpose of granting Non-Ezc luaive Franchisee to operate Cable Telev iei oa systems in the City of Rancho Cucamonga. MOTION: Nwed by Wright, ee conded by Buque[ to approve [he Consent Calendar. Notion carried 4-0-1 (Ring absent). • * + * x w 4. ADVERTISED PDBLIC HEARINGS 4a. report by Dan Colman, Senior Planner. (25) 1. A General Plan Amenicnt from Medium Re •idential (4-14 du/ac) to High Residential (24-30 du /ac) for a senior citizen apartment project on 4.75 scree of land located oa the xeet side of Amethyst, north of 19th street - APN 201-232-24. Hayor Mikele opened the meeting for public hearing. Addressing Council ves: Nilma Brenner, VIP Club, felt th ie wee a good proj ec[ for senior living. There being no further public response, Mayor Mikele closed [he public hearing. City Clerk Au[helet read the title of Reeolut ion No. 85-112. RESOLUTION N0. 85-112 A RESOLUTION OP THE CITY CODNCIL OP 7HE CITY OP RANCHO COCAMONGA, CALIPORNIA, APPROVING GffiIERA1, PLAN AMENDMENT 85-01 B, Al4:NDING T118 ADOPTED LAND USE ELEMENT OF THE RANCHO CDCANONGA GENERAL PLAN AMENDING THE LAND DSE DESIGNATION PROM 1D?DION RESIDENTIAL TO HIGE RESIDENTIAL POB 4.75 ACRE9 OP LAND LOCATED ON THE NEST SIDE OP AMETHY9 T, NORTR OP 19TH STREET - APN 201-232-24 MOTION: Moved by Dahl, seconded by Wright to approve Resolution No. 85-112 and xaive full reading. Motion carried 4-0-1 (Ring absent). City Council Minutes April 3, 1985 Page 5 2. A Development District Amendment from Medium Reeideati el (4-14 du /ac) (26j [o High Re ei dential (24'30 du/ac) and Senior Rousing Overlay District for a senior citizen apertmen[ project on 4.75 acres of land located on the wee[ aide of Amethyst, north of 19th Street - APN 201-232-24. City Clerk Au[helet reed the Ci [le of Ordinance No. Z55. ORDINANCE N0. 255 (f izst reading) AN ORDINANCE OF TH6 CITY COONCIL OP THE CITY OF RANCHO COCAMONGA, CALIYOBNIA, BEZONIliG ASSESSOR'S PARCEL NDIflIER 201-232-24 LOCATED ON THE NEST SIDE OP AMETHYST, NORTH OP 19TH STREBT, PROM MEDIIIl1 RESIDENTIAL TO HIGH RESIDENTIAL AND SENIOR HWSlliG OVERLAY MOTION: Nwed by Buquet, seconded by Dahl to waive full reading of Ordinance No. 255. Notion carried 4-0-1 (Ring absent). Mayor Nikela se[ second reading for April 17, 1985. : x ::. 4B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT - TAC DEVELOPMENT - A (27) Development Agreement between the City of Rancho Cucamonga and TAC Development Corpora[i on regarding a Senior Ci oxen housing project to be located on the west aide of Amethyst, north of 19th Street - APN 201-232-24. Staff repcr[ by Daa Coleman, Senior Pl saner. Mr. Coleman vent war the fol loving changes in the Development Agreement: Section 9. Term of Agreement. Delete the words, 'but is no event later than twenty-five (25) years after [he commencement of [he term of this Agree- ment" Section 17. Suhmis si ov of Ne [eri als and Annual Rev iev. Change Subsection to read: '7rior to the isswnce o£ the building permit, the Property Owner shall submit to the Ci[y the follwing information. Delete Subeecti on (1) is its en[i rety. Diacuseion Follw ing on whether to add a Section 43. Provisions far Randi- canoed Res iden[s. A minimum of • apartment unite out of total 168 apartment units shall be deaigved and constructed to comply with the handicapped require- ments of the~3[ate Building Code, Title 24. Preference shall be given to leasing handicapped uvi [s to handicapped persons. Af [ez a lengthy diacuaeion, Council concluded that [he State requirements adeque to ly covered these concerns, and it vas not ne ceeeary to include th ie in the Agreement. Mayor Mikela opened the meeting for public hearing. Addressing Council were: Terry Christianson, TAC Development, stated they would be pre-renting the unite so they would knw what 6sndicapped requirmev[e would be nece esary. ee did not van[ to prw ids too many handicapped units since they would be difficult to rev[ to evyone else except another handicapped. Nilma Brenner ate tad it would be better to set something up in the begin- ning for the type of handicap since each type of handicapped pereoc hoe different requirements. Jefferson Rill expressed concerns for the deaf and blind. City Council Minutes April 3, 1985 Page 6 There being no further response from the public, Mayor Nikels cl oeed [he public hearing. Ci [y Clerk Authele[ read the title of Ordinance No. 256. ORDINANCE N0. 256 (fire[ reading) AN ORDINANCE OP THE CITY CODNCIL OP THE CITY OF RANC[10 COCAMONGA, CALIFORNIA, APPROV LRC A DEVELOPMENT AGREEMENT BE- TNEEN THE CITY OP RAIVCRO COCANONCA AND TAC DHVELOP!ffiNT COR- PORATION NOTION: Homed by Buquet, seconded by Dahl to waive full reading of Ordinance No. 256. Motion carried 4-0-1 (Ring absent). Nay or Mikele set second reading for April 17, 1985. + x x x x x (28) 4C. ADDED ITHN: HNVIRONMENTAL ASSESSMENT AND DEVHLOPMENT BEVIEN 85-01 TAC DE- VELOPMENT. The devel oilmen[ of a senior citizen housing project totaling 168 ape rtmemt unite on 4.75 acres of land in the medium residential diatr ict (pr opoaed high residential/senior citizen overlay diet rict) to be located on the west Bide of Amethyst, north of 19th Street. AYN: 201-232-24. Related Files: GPA 85-O1B and DDA 85-01. StafF report by Dan Coleman, Senior Pl aoner. Coon ci lemn Buquet inquired if pe to were ellwed? Mr. Coleman responded that in both the lease and agreement, the condi ti one slates [hat pets are ellwed. May oz Mikele opened the mee ling for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Dahl, seconded by Buquet to continue Development Revive No. 85-01 to April 17, 1985 meeting. Notion carried 4-0-1 (Ring absent). x + + + + x 5. NON-dDVERTISED EEARINGS (29) SA. ORDINANCE PERTAINING TO TE8 CONSDMPTION OP ALCOEOLIC BEVEBAG89 IN POBLIC PLACES. Staff report by Rohert Rizzo, Ae eistan[ [o the Ci [y Manager. Mayor Mikele opened the meeting for public hearing. Theta being oo rea pones, [he public hearing was cl oeed. Councilwoman Wright asked Captain Putecher hw [hie ordinance would help hie de pa rtmen[. John Putecher, Captain of the Rancho Cucsmonga Sube ea ti on, stated th is would be en Ordinance which would be oeed when the need arises. IC is not same th ing they would use every day. Couo Gilman Dahl expressed concern that eh is would become a nuisance ordinance and wee en over regulation of pare onal righ te. Ne would like to see that beer exempt from the ordimnce. Cauncilm.a Buquet eta led [hie would be an enforcement tool to deal with a prob- lem and would be oeed ae needed. Mayor Mikele opened [he meeting for public hearing. Addreeei ng Council wee: James Fzoet asked Mr. Dahl if he would acquaint [hie with the ree[ricti on of cigarettes in the Lions Center. City Council Minutes April 3, 1985 Page 7 There being no further public reaponae, Mayor Nikela closed the public hearing. City Clerk Authelet read [he title of Ordinance No. 255. ORDINANCE N0. 257 (fire[ reediog) AN ORDINANCE OF THE CITY CODNCIL OF THE CITY COONCIL OP THE CITY OP RANCEO COCAMONCA, CALIFORNIA, ADDING ANEW CNAPTER 9.16 TO TITLE 9 OF THB RANCHO COCANONCA MUNICIPAL CODE PER- TAINING TO 1AE CONSINIPTION OP ALCOHOLIC BEVERAGES IN POBLIC pLACE5 MOTION: Moved by Buque[, seconded by Nright to waive full reading of Ordinance No. 257. Motion failed 3-1-1 (Dahl no, Ring absent). Councilmen Dahl eta tad [hat he felt the Mayor should give each councilmember en opportuni [y to make [heir preemtati on on this issue. He wanted to nee beer removed from [he ordinance. Councilwoman Wright elated she requea[ed the ordinance after having a "ride-along" with [be Sheriff. She was floored when she found out Chie xae not a Stale law. Mayor Mikele asked Councilman Dahl if he wished to propose an amendment? MOTION: Nwed by Dahl to amend [he Ordinance to ezclude beer. Motion tailed for lack of a second. NOTION: Moved by 8uquet, aeconded by Wright [o reconsider the vote on the waiver of full reeding. Moti os carried 4-0-1. NOTION: Moved by Buque [, aeconded by Wright to waive full reading of Ordinance No. 257. Motion carried 4-0-1 (Ring absent). Mayor Nike le set second reading for April 17, 1985. • * * a : SB. ORDINANCE REGOLATINC TEE USE OP ALCOHOLIC BEVERAGES IN CITY PAHRS. Staff (30) report by City Attorney, lim Narkmaa. Mz. Nsrkman eta led [hat ell the proposed ordinance did xea to allow for signing in the parka. The lave prohibiting the drinking were already on [he books, but they needed to place signs referencing Chia. Mayor Mikele opened the meeting for public hearing. There being oo response, the public hearing was cloned. Ci[y Clerk Authelet reed the title of Ordinance No. 258. ORDINANCE N0. 258 (f irat reading) AN ORDINANCE OP 171E CITY COONCIL OP TH6 CITY OP RANCHO CUCAMONGA, CALIFORNIA, AlDiNDING SECTION 12.04.0108 OP CHAP- TER 12.04 OP TITLE 12 OP THS RANCHO COCANONGA MUNICIPAL CODE REGULATING TAE USE ('~F ALCOHOLIC BEVERAGES IN CITY PARR9 MOTION: Moved by Dahl, aeconded by Wrigh[ to waive full reading of Ordinance No. 258. Motion carried unanimously 4-0-1 (Ring abaene), Mayor Mikele se[ second reading of Ordinance No. 258 for April 17, 1985. : ~ • * • x City Council Minutes April 3, 1985 Page 8 6. CITY MANAGER'S STAFF REPORTS (3l) 6A. SETTLEMENT AGREEMENT WITH LAPC AND THE CITY OP RANCHO CUCAMONGA - Apprw al of a eet[lment of litiga[i on relative to Fontana Anneza ti on fll b/Nun[ Club. Staff report by Ot [o Rroutil, Senior Planner. City Clerk Au[helet read the title of Resolution No. 85-113. RESOLUTION N0. 65-113 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCANONCA, CALIFORNIA, APPROVING A SETTLEMENT AGREEMHNT AMONG AND BETWEEN THE CITY OP RANCHO CUCAMONGA, JAMES BANRS, THE CITY OP FONTANA AND THE SAN BERNARDINO COUNTY LAPC Nr. Rrou[i1 pointed out Ghat Section 2 of the Resolution should read: "The 1 Mayor ie hereby authorized to ezecute [he Settlement Agrement and the tro oth- er related agremente on behalf of the City Caunci l." MOTION: Moved by Buque[, seconded by Da61 to approve Resolution Nc. 65-113 ae amended, and waive full reading. Motion carried 4-0-1 (Ring absent). * * + : (32) 6C. NOME MORTGAGE REVENUE ALLOCATION - Transfer of foods in the amount of 55,274,000.00. Staff report by Jack Lam, Community Development Director. Mayor Mikele opened the meeting for public input. There being none, [he public portion of [he meeting rns cl need. City Clerk Authelet read the title of Reeoluti on No. 85-114. RESOLUTION NO. BS-114 A EESOLUTION OP TEE CITY COUNCIL OP TNH CITY OP RANCHO CUCAMONGA, CALIFORNIA, TRANSFERRING A PORTION OP THE ALLOCA- TION OF MORTGAGE SDBSIDY BONDS IN AN AMOUNT NOT TO ERCHED 56,000,000.00 TO TEE COVINA-RARC80 COCANONGA-CALEEICO-DOWNEY HOUSING FINANCE AG®ICY NOTION: Moved by Dahl, seconded by Buquet [o adopt Resolution No. 85-114 and raive full reeding. Motion carried unanimous ly 4-0-1. (Ring absent). * e • R R 7. COUNCIL ROSINESS (33) 7A. APPOINTMENTS ON HISTORIC PRHSERVATIOq CLlDIISSION AND PARR DEVfiLOPlIENT COM- MISSION. ACTION: Council concurred Co coat ioue i[m until Couaci lman Ring returns so that a full Council ie present. • + City Council Minutes April 3, 1985 Page 9 8. ADJOUENMENT MOTION: Mw ed by Dahl, seconded by Nright [o adjourn to a meeting on Mednee- day, April 11, 5:30 p.m., at [he Liooe Park Communi [y Center to adopt Reeolu- tioas necessary before the public hearieg on the Park and Recreati oa Imprwe- men[ District. Notion carried 4-0-1 (Riog absent). The meetia8 adjourned e[ 9:00 p.m. Respectfully submitted, Beverly A. Au[helet City Clerk