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Home My WebLink About1984/10/17 - Agenda PacketF,61 1977 CITY Of RANCHO CUC WNGA CITY COUNCIL AGENT A Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California October 17. 1984 - 7:30 P.m. All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clark's Office receives all such items. 1. CALL TO ORDER eA. Pledge of Allegiance to Flag. B. Roll Call: Wright Buquet _, Mikels Dahl _, and Ring _. C. Approval of Minutes: April 26, 1984 October 3, 1984 2. AMWOUNCENEgrg /PRESUUTIONS A. Thursday, October 18, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. B. Wednesday, October 24, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. C. Thursday, October 25, 1984, 7:30 p.m. - ADVISORY COMMISSION, Library meeting room. D. Presentation of Service Awards. E City Council Agenda -2- October 17, 1984 40 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They vill be acted upon by the Council at one time without discussion. A. Approval of Warrants, Register No's. 84 -10 -17 and 1 Payroll ending 10/04/84 for the total amount of $813,812.84. B. Forward Claim (CL 84 -22) against the City by Melbert L, 6 Parker, auto damage, August 26, 1984, at 8th and Turner Avenue. C. Approval of Improvement Agreement and Improvement Security for Tract,-Map 12490, located on the east �e of Vineyard AveJ e,�„ south of Foothill Boulevard, submitted by Amef ican Na't'ional. ' D. Approval of Parcel Map 8583 and Real Property 8 Improvement Contract and Lien Agreement, submitted by Eleanor Carpenter and located at the northeast corner of Hellman Avenue and 9th Street. RESOLUTION NO. 84 -258 14 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8583 (TENTATIVE PARCEL MAP NO. 8583) RESOLUTION NO. 84 -259 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ELEANOR CARPENTER AND MARJORIE STROUP, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME E. Approval of Parcel Map 8345, submitted by Sere 16 Amusement Company S Jafam Corporation, located at the northwest corner of Haven Avenue and Arrow Route. RESOLUTION NO. 84 -260 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8345 (TENTATIVE PARCEL MAP NO, 8345) City Council Agenda -3- October 17, 1984 • F. Approval of Improvement Extension Agreement, submitted by A d R Equipment Company for Parcel Map 6596, located at the northwest corner of Lucas Ranch Road and 4th Street. RESOLUTION NO. 84 -261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 6596 G. Approval of Lien Agreement for Median Island in Foothill Boulevard and Improvement Agreement for street construction of Haven Avenue and Foothill Boulevard for the Virginia Dare Project, Parcel Map 8303, submitted by C/A Limited. RESOLUTION NO. 84 -262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY FOR PARCEL MAP NUMBER 8303 • RESOLUTION NO. 84 -257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME H. Release of Bonds: DR 79 -06 - Located on the northwest corner of 19th and Ramona. Release: Faithful Performance Bond $63,000.00 Tract No. 9351 - Located on the west side of Sapphire, south of Banyan. Release: Landscaping 6 Block Wall Bond $42,938.00 I. Approval of a Resolution for the Acceptance of Bonds and Improvement Agreement to guarantee the street construction of Hampshire Street at Hellman connection with the development of a mini warehouse by Blanco Storage (CUP 83 -22), 0J 19 22 23 37 38 39 40 City Council Agenda -4- October 17, 1984 • RESOLUTION NO. 84 -263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 83 -22 J. Approval of a Resolution for the acceptance of a Lien Agreement to postpone street improvements on Almond Street, west of Hermosa, currently unimproved, from Fred Janz at 9942 Almond Street. RESOLUTION NO. 84 -264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FRED JANZ AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME K. Approval of San Bernardino Road Reconstruction d Improvement and approval of Environmental Initial Study. • RESOLUTION NO, 84 -265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY, AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED SAN BERNARDINO ROAD RECONSTRUCTION AND IMPROVEMENT L. Approval of authorization to invite bids for the reconstruction of Hellman Avenue from 6th Street to 659 feet north. M. Approval of authorization to invite bids for the reconstruction and improvement of San Bernardino Road from 975 feet, east of Vineyard Avenue to Archibald Avenue and the reconstruction of Church Street from Hellman Avenue to Archibald Avenue. N. Approval to authorize the Finance Director to purchase a Mobil Model 21E3 street sweeper from Nixon -Egli Company, 12030 Clark Street, Santa Fe Springs, California 90670 for a total cost of $80,306.00. 49 50 56 57 71 72 73 75 City Council Agenda -5- October 17, 1984 • 0. Approval of revision to Drainage Fee Reimbursement 87 Agreement with Zwicker and Wenger for Parcel Map 6658. Revision allows credit of fees due in -lieu of Direct Reimbursement of Fees after receipt. P. Approval of contract for professional services with 93 Donald A. Cotton Associates to continue the administration of the City's CDBG Program into Fiscal Year 1984 -85. Q. Approval of 1984 -85 Housing Assistance Plan Increment 107 for submittal to HUD. R. Approval of a Resolution authorizing the financing of 113 Public improvements out of Redevelopment Agency's Low and Moderate Income Housing Fund -Cal Rancho, Inc. project. RESOLUTION NO. 84 -266 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DETERMINING THAT THE CONSTRUCTION OF A STORM DRAIN FACILITY AND ASSOCIATED PUBLIC IMPROVEMENTS IN ARCHIBALD AVENUE IS OF BENEFIT TO THE RANCHO • REDEVELOPMENT PROJECT AREA AND THE SURROUNDING NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS OTHER THAN TAX INCREMENT FINANCING S. Approval of authorization to enter escrow proceeding on 118 Phase II of Hermosa Neighborhood Park. T. Approval of Development Plan for Cucamonga Creekside 123 Park. U. Approval of Resolution authorizing the submission of 125 1984 State Park Bond Act Grant applications for three (3) projects: Expansion to Lions Community Center, The Phase I Development of Heritage Community Park and the Development of night lighted tennis courts at Beryl Park. Grant application requests will total $2,725,000. City Council Agenda -6- October 17, 1984 0 RESOLUTION NO. 84 -267 126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE APPLICATION FOR GRANT FUNDS, UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PARR AND RECREATIONAL FACILITIES ACT OF 1984 FOR THE LIONS COMMUNITY CENTER EXPANSION, THE PHASE I HERITAGE COMMUNITY PARK DEVELOPMENT V. Approval of naming Sam Maloof a City Living Treasure. 127 RESOLUTION NO. 84 -271 131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE WORKS OF MR. SAM MALOOF AS HAVING GREAT HISTORICAL MERIT AND THEREFORE DESIGNATING HIM AS A LIVING TREASURE OF THE CITY OF RANCHO CUCAMONGA W. Approval of Revenue Sharing for Self- Evaluation/ 132 Transition Phase for the handicapped. • X. Approval of Revenue Sharing for adoption of grievance 132 procedures for the handicapped. Y. Approval to cast vote for Special Election, Foothill 133 Fire Protection District, San Bernardino County, California, Tuesday, October 30, 1984 (Mello Roos District). Z. Set public hearing for November 7, 1984 for Environmental Assessment and Development District Amendment 84 -03 -8, City of Rancho Cucamonga. AA. Set public hearing for November 7, 1984 for Environmental Assessment and General Plan Amendment 84 -03 -8, City of Rancho Cucamonga. BB. Set public hearing for November 7, 1984 for Environmental Assessment and Development District Amendment 84 -03 -C, Volbeda. CC, Set public hearing for November 7, 1984 for Environmental Assessment and General Plan Amendment 84 -03 -C, Volbeda. DD. Set public hearing for November 7, 1984 for Environmental Assessment and General Plan Amendment 84 -03 -D, City of Rancho Cucamonga. City Council Agenda -7- October 17, 1964 4. ADVMISED PUBLIC BEARINGS A. APPEAL OF PLANNING COMMISSION DECISION DENYING 140 CONDITIONAL USE PERMIT 84 -13 - SYCAMORE INVESTMENTS - The development of a 43,992 sq. ft, commercial shopping center with retail shops, fast food restaurant, and gasoline service station /convenience market on 5.444 acres of land in the Neighborhood Commercial District, located on the northeast corner of Archibald and Base Line - APN 202- 181 -27. B. APPEAL OF PLANNING. COMMISSION DECISION - TENTATIVE 178 TRACT 12414 - AM COMPANY - Appeal by Councilmember Dahl of Planning Commission decision to grant a 30% park fee credit based on the amount of open space provided in Tract 12414 as permitted by Ordinance 105-8. C. APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL - 192 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 84 -32 - BARMARIAN - The development of an industrial complex totaling 123,000 sq. ft. on 8, acres of land in the General Industrial /Rail Served category (Subarea 5), located at the northwest corner of Center Avenue and 6th Street - APN 209-261 -26. Item continued from • October 3, 1984 meeting. D. 19TH STREET LAND USE AMENDMENTS: ;' ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 194 84 -02 -A - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Hap from Medium High Residential (14-24 du /ac) to Medium Residential (4-14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APN 201 - 221 -08. RESOLUTION NO. 84 -268 204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN 84-02 -A, 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM -HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL FOR 4.96 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL AVENUE - APN 201- 221 -08 F J City Council Agenda -8- October 17, 1984 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 -A - 19TH STREET CORRIDOR STUDY - A Development District amendment from 'MH" (14-24 du /ac) to 'M" (8 -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APN 201 - 221 -08. ORDINANCE NO. 237 (first reading) 206 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201- 221 -08 LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL AVENUE FROM 'MH" TO 'M" ?� ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 208 84 -02 -B - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Medium High Residential (14 -24 du /ac) to Medium Residential (4-14 du /ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 202 - 101 -07, 11, 21 (in part only) and 22. RESOLUTION NO. 84 -269 218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84 -02 -B, 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL ON APPROXIMATELY 15.75 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 19TH STREET BETWEEN ARCHIBALD AVENUE AND AMETHYST AVENUE - APN 201- 101 -07, 11, 21 (IN PART ONLY), AND 22 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 -B - 19TH STREET CORRIDOR STUDY - A Development District Amendment from ME (14-24 du /ac) to M (8- 14du /ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 201 - 101 -07, 11, 21 (in part only) and 22. City Council Agenda -9- October 17, 1984 • ORDINANCE NO. 238 (first reading) 220 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201 - 101 -07, 11, 21 (IN PART ONLY) AND 22, LOCATED ON THE NORTH SIDE OF 19TH STREET, BETWEEN ARCHIBALD AND AMETHYST AVENUE FROM "MH" TO "M" ;J1 ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 222 84 -02 C - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Office and Low - Medium Residential (4-8 du /ac) to Low Residential (2 -4 du /ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202- 191 -13, 14, 23. RESOLUTION NO. 84 -270 234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84 -02-C, 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM LOW -MEDIUM RESIDENTIAL AND • OFFICE PROFESSIONAL TO LOW RESIDENTIAL ON 11.23 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE - APN 202- 191 -13, 14, 23 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 C - 19TH STREET CORRIDOR STUDY - A Development District Amendment from "OP" (Office /Professional) to "LM" (4 -8 du /ac) to "L" (2 -4 du /ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202- 191 -13, 14, 23. ORDINANCE NO. 239 (first reading) 236 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 191 -13, 14, 23, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE FROM "LM" AND "OP" TO "L" is City Council Agenda -10- October 17, 1984 E. ENVIRONMENTAL IMPACT REPORT FOR CUP 84 -06 - HFA 260 ASSOCIATES - Review and consideration of a supplemental Environmental Impact Report (EIR) prepared for dev ^lopment of a regional shopping center on 100 acres of land in the Victoria - Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227- 201 -35 and APN 227- 211 -30. Item to be continued to November 7, 1984 meeting. F. ENVIRONMENTAL ASSESSMENT AND CUP 84 -06 - UFA ASSOCIATES 260 - Conceptual review of a master plan for the development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227-201 -35 and APN 227- 201 -30. Item to be continued to November 7, 1984 meeting. 5. SON- ADVSRTISND HSARINGS A. REGULATIONS OF AMBULANCE SERVICE WITHIN THE CITY OF 262 RANCHO CUCAMONGA - Item continued from October 3, 1984 meeting. • ORDINANCE NO. 230 (second reading) 262 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES B. FLOOD DAMAGE PROTECTION ORDINANCE - City Council to 272 adopt amendment of Municipal Code Chapter 19.12, Flood Damage Protection, to implement the provision of the Federal Flood Insurance Program. An Ordinance is required to allow property owners in flood hazard zones to obtain insurance and to protect City's ability to receive disaster assistance. ORDINANCE NO. 240 (urgency) 278 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOOD DAMAGE PREVENTION AND DECLARING THE URGENCY THEREOF 12 City Council Agenda -11- October 17, 1984 • 6. CITY MANAGER'S STAFF REPORTS A. A REQUEST FROM SYCAMORE INVESTMENTS FOR TAX EXEMPT BOND 293 FINANCING - Item continued from October 3, 1984 meeting. B. A REOUEST FROM TAG DEVELOPMENT TO DEVELOP A 168 UNIT 304 SENIOR CITIZEN APARTMENT PROJECT WITH CITY INCENTIVES C. PROPOSED TERRA VISTA DEVELOPMENT AGREEMENT BETWEEN THE 326 CITY. CENTRAL SCHOOL DISTRICT. AND LEWIS HOMES D. ADVISORY COMMISSION'S RECOMMENDATIONS TO MODIFY 401 ORDINANCE NO. 87 -A - The Advisory Commission is recommending the City Council consider the modifications to the Ordinance which created the Commission (Ordinance 87 and 87 -A). 7. COUNCIL BUSINESS A. MATTER OF EXPIRED ADVISORY COMMISSION TERMS 406 • B. DESIGN REVIEW SUBCOMMITTEE APPOINTMENT CONSIDERATION 424 C. CONSIDERATION OF IMPLEMENTING A CANINE PROGRAM FOR THE LAW ENFORCEMENT CONTRACT B. ADJOURIIdNT A. Adjourn to October 24, 1984 at 6:00 p.m., City Hall Administration Conference Room, Closed Session, regarding Personnel Study. B. Adjourn to October 29, 1984 at 6:30 p.m., Library Conference Room, 9191 Base Line Road, Open Meeting, adoption of Personnel Study. C. Adjourn to November 7, 1984 at 7:00 p.m. for joint meeting with Redevelopment Agency and City Council regarding HFA public hearing items. J CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 84 -06 AND RELATED EIR c�`Mgy� sj; o 1977 Per the attached letter, the applicant has requested a continuance of the public hearing to November 7, 1984 in order to meet and confer with Redevelopment Agency staff. This continuance would also provide additional time to complete the final EIR. RECOMMENDATION: Staff recommends that the public hearing on the certification of the Final EIR and CUP be continued to the November 7, 1984 meeting. __ ick m ity P G:DC:jr submitted, : Letter from applicant I ERNEST W. HAHN, INC. 36(39 KEARNY VILA ROAD, SAN DIEGO, CALIFORNIA 92193 • TELEPHONE: 16191 569 -4949 VIA FEDERAL EXPRESS October 2, 1984 Mr. Jack Lam Community Development Director CITY OF RANCHO CUCAMONGA 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 PITY OF RANCHO CUCAMONGA COMMUNITY DEVP OPMENT DEPT. OCT 01) 1984 AM PM 718000IllI1211121.11 A6 Y Subject: Request for Extension Dear Jack: Please consider this letter a request for continuance or extension on the matter of the certification of the EIR and approval of Conceptual Master Plan for our regional shopping center. We request that this matter be heard at your next regularly scheduled meeting • on November 7, 1984. The purpose of the request for continuance or extension is to provide us the time to meet and confer with the City of Rancho Cucamonga and the Redevelopment Agency staffs. Sincerely, ERNEST 1. HAHN, INC. Daniel T. Felix , Vice President Redevelopment OTF /KM c/ John Gilchrist Maynard Rice • a2 CITY OF RANCHO CCCAMON REDEVELOPMENT AGENCY STAFF REPORT DATE: October 17, 1984 TO: Members of the Redevelopment Agency FROM: Jack Lam, Deputy Director BY: Otto Kroutil, Senior Planner SUBJECT: CALMARKICA_oaxrHO INC- SENIOR van urT In order to provide incentives for the construction of affordable senior housing, the City has previously entered into a development agreement with Calmark Development for their Cal Rancho Senior Project. Among other things, the agreement provides for the funding by the RDA of certain storm drain and related street improvements on Archibald Avenue. The funding is to be provided out of the Agency's 20% set aside for affordable housing. Based on improvement plans, it is estimated that the City's share of these improvements will cost approximately $57,000. This is well within the intent • of the original agreement which estimated costs of about $80,000. In order for the City and the Agency to participate, adoption of the attached resolution determining that the construction of these improvements is of benefit is required. The attached memo by the Agency's legal counsel also notes that the proposed action is clearly appropriate under current redevelopment law. Similar action is also required by the City Council, and an appropriate resolution has been placed on tonight's Council Agenda's Consent Calendar. RECOMMENDATION: It is recommended that the two attached resolution be adopted as presented. Resgectf ll submitted: AICP t Deputy Director -- JL:OK:ns Gy Attachments: Combined Cost Estimate, r Resolution ci T1i I n CA SAW OFFICES OF BEST, BEST 6 KRIEGER rr• r r�200 ORANGE 5E9EE•�•• e„ P O BO %'JSB RIVERSIDE, CALIF.gMlA 92502 'ELEOr Oiu[,]la BB6ia50 September 4, 1984 Lauren Wasserman Executive Director Redevelopment Agency City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Re: Authorizing Construction of Public Improvements Out of Agency's • Low- and Moderate - Income Housing Fund (Cal- Rancho, Inc. Project) Dear Lauren: M SV RIRGS OFViEE •.v sae vG3 vE e_ 311 CS ]t SL'36, ?C3.Er 'S a]5 Pursuant to Tim Beedle's request, enclosed please find our covering memo and accompanying resolutions which will authorize expenditure of funds for the referenced project. By the way, since such funds were obligated prior to July 1, 1984, it would be possible to list the obligation on this fiscal year's statement of indebtedness even though the monies will also be spent during this fiscal year. Please note that we have provided alternative statutory authority for these expenditures. JEB:bjs Enclosures CC: Tim Beedle Sincerely, `"John E. Brown of (/ Best, Best & Krieger y •�33[eN e,:- pEei.enr r•[9r ]N a CIA .NNE, ,1..3 ,.r�E•'.``3`.�- [ SAW OFFICES OF BEST, BEST 6 KRIEGER rr• r r�200 ORANGE 5E9EE•�•• e„ P O BO %'JSB RIVERSIDE, CALIF.gMlA 92502 'ELEOr Oiu[,]la BB6ia50 September 4, 1984 Lauren Wasserman Executive Director Redevelopment Agency City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Re: Authorizing Construction of Public Improvements Out of Agency's • Low- and Moderate - Income Housing Fund (Cal- Rancho, Inc. Project) Dear Lauren: M SV RIRGS OFViEE •.v sae vG3 vE e_ 311 CS ]t SL'36, ?C3.Er 'S a]5 Pursuant to Tim Beedle's request, enclosed please find our covering memo and accompanying resolutions which will authorize expenditure of funds for the referenced project. By the way, since such funds were obligated prior to July 1, 1984, it would be possible to list the obligation on this fiscal year's statement of indebtedness even though the monies will also be spent during this fiscal year. Please note that we have provided alternative statutory authority for these expenditures. JEB:bjs Enclosures CC: Tim Beedle Sincerely, `"John E. Brown of (/ Best, Best & Krieger y LAW O'CES Of BEST. BEST 6. KRIEGER MEMORANDUM September 4, 1984 TO: CHAIRMAN, REDEVELOPMENT AGENCY MEMBERS AND EXECUTIVE DIRECTOR FROM: COUNSEL RE: AUTHORIZING CONSTRUCTION OF PUBLIC IMPROVEMENTS OUT OF AGENCY'S LOW- AND MODERATE - INCOME HOUSING FUND (CAL - RANCHO, INC. PROJECT) Attached to this memorandum are resolutions which should be adopted by both the Redevelopment Agency and the City Council in order to fund certain storm drain and other associated public improvements as part of the Cal- Rancho, Inc. senior housing project. The City Council has previously entered into a development agreement committing the Agency to these expenditures. The Community Redevelopment Law clearly authorizes the expenditure of Section 33334.2 monies (low- and moderate - income) for these purposes. JOHN E. BROWN S `M C3lmerk Cevelopmem COYppre(len August 21, 1924 City of Rancho Cucamonca 9320 Baseline Road Suite C P.O. Box 807 (rancho Cucamonga, CA 91730 ATTE:ITIC;1: Rick Gomez Tim Beadle RE: Combined Cost Estimate for Rancho Cucamonca Gentlemen: LIMITS OF WORK Street work along Archibald Street and storm„ drain in Archibald from Sta,5 +35.37 at base line street to Sta. 10 +51.16EC at the • sideline of Archibald Street. Archibald Street from Lomita Court to 504 feet south. This estimate is composed of bid and contract prices: 1) Encineering including Plan preparation staking construction S8,920 2) Soil work including preliminary investigation, R -value determination and parking section, sub - grade okay for construction and final report 5 405 31 Q. curb and gutter W, CF s 2.0 gutter) 504 700 $3,528 rr �. Pave _ __ : _ 1968 -.44 $11- -3.7 -e kfv. Bw Lump Sum $1,500 16, 141; 2127 Cl:wu'dieki Jlvd., 'iuee 202, P.O. e-K 2120. Sewn MONC3, C?i -lOmie 90408 (213) 459 -1773 6 Pace 2 • August 21, 1934 TCTAL $40,885 57, 053 GRA: ;D TOTAL $67� Alona with these estimated costs are back up quotes for relevant parts of the work to be done. Please indicate your approval of the amount quoted and advise us how we are to file our paid bills for reimbursements. Thanks. sin Yy Ai�i ,7i clntire Vice President, Engineering Jac /hs cc: TM 40 STORM DP_AIV WORK Storm drain work in Archibald Street from Sta. 5 +35.37 to Sta. 10 +51.16EC. 1) .. queering including Plan preparation and starting of construction $ 5,520 2) Soil work including preliminary investigation, back fill inspection, compaction testing and final reports $ 800 3) a. 24" RCP 515 LI 43 522,145 b. MNA 1 2150 $ 2,145 C. MHS 1 5650 $ 51650 d. Repave, temporary incl. incl. $ included e. Repave final 2880 1.75 $ 4,320 • TCTAL $40,885 57, 053 GRA: ;D TOTAL $67� Alona with these estimated costs are back up quotes for relevant parts of the work to be done. Please indicate your approval of the amount quoted and advise us how we are to file our paid bills for reimbursements. Thanks. sin Yy Ai�i ,7i clntire Vice President, Engineering Jac /hs cc: TM 40 WHEREAS, the Redevelopment Agency of the C of Rancho Cucamonea (hereinafter the "Agene ?") is authorized to cart, out redevelopnenc of the Rancho Redevelopment Project Area (hereinafter the "Project Area ") pursuant to the Redevelopment Plan For the Project Area approved and adopted by the Cit., Council of the C-,: o: Rancho Cucanonza by Ordinance No. '66 on December ?3, 1931 ('nerei.aicer the "Reda,.Lopment Plan "), and 1,MEREAS. the Redevelopment Plan authorizes and directs tie Agency to .av far and COnst -"¢Ct certain pudic improvements on such pioperr:, and ( EREAS, California P.ealth 5 Safety Code Section 33 -:5 • pro,idesy -in pertinent part, :hoc an Agency na':. aith t'ne consenp the CLt. Council, pa: all a- par: of :he Co St of the instal :ac ion and const:vr ion of env building, Eaci :ir.. structure or ocher i- prove -..enc . :nlch is puDiicly awned, eider within ar without -he Project A -ea: upon a Betermination by the ieztslative body chat such Suiidings. fat L hies. - cru¢ures or other' impr. vemencs are of Benefit to the Project Area Or the immediate neizhborhood in which the Project Area is located, and teat no ocher reasonable means of financing such buildings, facilities, structures or other improvements are available to the community and D 'WHEREAS, California Health S Safety Code Section 33334.: authorizes the Agency co improve land or building sites with offsice improvements for the purposes of increasing and improving the community's sup. Lv of low- and moderate - income housing available at affordahle cost, and WHEREAS, the City Council of the City of Rancho Cucamonga has recuested that this Agency participate in the fanaing of said public improvements as part of that development agreement entered into February 15. 1984, by and between the City and Cal- Rancho, Inc. (hereinafter the "Landosmer "), wisereby Lando »ner has agreed a increase and ir.�prove the cocmun.:v's sunoiv of low- and mcaerate- intone Sousing available at afforaaole cost. M RESOLUTION NO. 2q-G'7 QF S A RESOLUTION OF THE REDEVELOF:^8 NT .AGENCY OF THE CITY OF RANCHO CUCA.MONGA OETER::IN :NG THAT THE CONSTRUCTION OF A STORM ]RAIN FACILITY AND ASSOCIATED PUBLIC I :P RO'fEiaNTS IS OF BENEFIT TO THE ARCHIBALD AVENUE - RANCHO REDEVELOP:ENT PROJECT AREA AND T- SUR.ROUNDING NEIGHBORHOOD IN WHICH THE PRO- JECT IS LOCATED: DETERMINING THAT THERE ARE YO OTHER REASONABLE MEANS OF FINANCING SAID INTROVE:ENTS OTHER THAN TA:( INCREMENT FINANCING: AND FINDING THAT SAID IMYROVEYPNTS WILL ASSIST IN INCREASING AND IDSRCVING THE CO*fUNTTY'S SUPPLY OF LOW- AND MODERASE- I:;ME HOUSING AVAI'LABLE AT AFFORDABLE HOUSING COST WHEREAS, the Redevelopment Agency of the C of Rancho Cucamonea (hereinafter the "Agene ?") is authorized to cart, out redevelopnenc of the Rancho Redevelopment Project Area (hereinafter the "Project Area ") pursuant to the Redevelopment Plan For the Project Area approved and adopted by the Cit., Council of the C-,: o: Rancho Cucanonza by Ordinance No. '66 on December ?3, 1931 ('nerei.aicer the "Reda,.Lopment Plan "), and 1,MEREAS. the Redevelopment Plan authorizes and directs tie Agency to .av far and COnst -"¢Ct certain pudic improvements on such pioperr:, and ( EREAS, California P.ealth 5 Safety Code Section 33 -:5 • pro,idesy -in pertinent part, :hoc an Agency na':. aith t'ne consenp the CLt. Council, pa: all a- par: of :he Co St of the instal :ac ion and const:vr ion of env building, Eaci :ir.. structure or ocher i- prove -..enc . :nlch is puDiicly awned, eider within ar without -he Project A -ea: upon a Betermination by the ieztslative body chat such Suiidings. fat L hies. - cru¢ures or other' impr. vemencs are of Benefit to the Project Area Or the immediate neizhborhood in which the Project Area is located, and teat no ocher reasonable means of financing such buildings, facilities, structures or other improvements are available to the community and D 'WHEREAS, California Health S Safety Code Section 33334.: authorizes the Agency co improve land or building sites with offsice improvements for the purposes of increasing and improving the community's sup. Lv of low- and moderate - income housing available at affordahle cost, and WHEREAS, the City Council of the City of Rancho Cucamonga has recuested that this Agency participate in the fanaing of said public improvements as part of that development agreement entered into February 15. 1984, by and between the City and Cal- Rancho, Inc. (hereinafter the "Landosmer "), wisereby Lando »ner has agreed a increase and ir.�prove the cocmun.:v's sunoiv of low- and mcaerate- intone Sousing available at afforaaole cost. M NOR. THERE -ORE. SE IT RESOLVED, DETERMINES AND ORDERED by the Co. ^unity deceveiopr.,enc Agency o: the City of Rancho C aamonea as Eol.ows: SECTION The agent-, here-.': determined chat the construction o: a sr0- drain :ac :lity and associated puo LLz improvements in ;: c'c ibaid dvepue is of benefit to the ?rojecc Area, the surrounding neighborhood in .hick the Project Area is Located and the entire co.-munfcy of the Cloy of Rancho Cucamonga. SECTION -' The Agency determines that i- is appropriate m tcnance t-o said storm drain faei :itv and associated public Laprovements contingent only upon the City Cpunct. of the Ctcy of Rancho Cucamonga adep_iag its :esb Lotion ..pg :hat :he improvements are of benefit co c'ne Project drew the surrounding neighborhood in whir.. the Projece Area ' -s Located and the entire consauni:? of the City o: Rancho Cucamonga. and chat there are no ocher reasonable means of fenancing such improvement acci•+ities. SECTION 3. -.,a Azer.r: cu:cher .°Lnds and .iece ^ices Ghat the construction of said scorn drain factli:v and associated public imorovemenca ill assist in increasing and improving the ca.- cunicr :'s supply of 1o+'- and moderate- income housing available at affpraao'Le cast and authorizes the necessar: expenditures to complete said public Improve - mencs of Agenc•:'s sand established pursuant to California Health a Sarety Code Sec—on 33334.2. PASSED. APPROVED. and ADOPTED -his , day of September, 1994. AYES; 40 NOES: ABSENT: ATTEST; Jcn D. `ase;s. ':ha irsan auren M. "rise -an, ec -eta r± U • 0 CITY OF RANCHO CLICAMON REDEVELOPMENT AGENCY STAFF REPORT DATE: October 17,,1984 TO: Members of the Redevelopment Agency and Executive Director FROM: Jack Lam, AICP, Deputy Director SUBJECT: REQUEST FOR SPONSORSHIP OF INLAND EMPIRE WEST DEVELOPMENT CONFERENCE We have received a request from the Conference Committee of the Inland Empire West Development Conference to become a sponsor of the Conference. Cities in the West End have been asked to join with private sponsors to express private /public solidarity with both the Conference and its Promotional efforts on behalf of the West End area. While the City has anticipated the Conference scheduled for November 2 at the Red Lion Inn and has anticipated reserving a booth at the Conference, no funds have been budgeted for sponsorship. The booth fee is 5750 but the sponsorship request is 42500. The attached information describes the preliminary program for the Conference and outlines the materials sponsorship would help pay for. We have been informed that both Fontana and Ontario have elected to become sponsors. Again, no funds have been budgeted for the sponsorship, but should the Agency Board /City Council wish to become a sponsor, funds could be derived from unexpended personnel funds from the personnel account of the Redevelopment Agency (personnel has not been hired yet). The Agency would have to make the necessary budget transfer to accomplish Community Development Director ---�- JL: j Attach. In • I 4 INLAND EIMPIRE WEST 1984 ECONOMIC DEVELOPMENT CONFERENCE The Conference For Business, - By Business_ Discover California's Best Kept Secret... The Most Dynamic Marketplace In Southern California RED LION INN - ONTARIO, CALIFORNIA November 2, 1964 O:OOCrn - 2:OOpm . Panel Dacaaslont. Eaperl Sa..kert, lnformalne Dl.olap H - - Rancho C• amonga �( m Onlaeo Rea Ulan lnn <Q • "sc LL( Q b Ontario ln�iwnOrwl Areaa�1_ s I foi m041nla,na�on a, Inl,ef.baf and Canlaal SPENT HUNTER Ontario Chamber Of Commerce 123 West D Street P.O. Small Ontario, California 91761 (714) 984.2450 is AT LAST THE CONFERENCE FOR BUSINESS - BY BUSINESS - .: INLAND EMPIRE WEST 1984 II ECONOMIC DEVELOPMENT CONFERENCE Discover California's Best Kept Secret—, The Most Dynamic Marketplace In Southern California RED LION INN - ONTARIO, CALIFORNIA November 2, 1984 e:DDam - 2:DDpm Panel Dlscustlons, E.pen Speakers, Inlnnutne Di91a,M1 . Rancbo C uaomonpo II I • Ef 0 0 iRed UOn inn •s�T7 Q OMOno OMatla "e,nanonol m1lood Fa, mmeinlmmanan. arm, a erm n, �an�atr • _ !RENT HUNTER Ontario Chambef Of Commerce 123 Well D Proof P,a 40.31 Ontario, California 91761 (714) 9154-24s$ Oct...,__ 1954 ! *r . -ac:: --am C.' of ?Pnc�-O Cucamonga So CA 9173-- Dear ':-l. The -_land hest Develonment Conference vcoc.4res -0 most cominre . nensG ;e crogran on our market area ever ?resented. --aL, i '-ange mar*-�et-n, -s-t l7P -esnonse -.o cave, 7'e --nzetc materfa�s are now being prepared. 7he steering cc,-,mzrtee fvr tne 7.nn-'7� West Development Conference has contacted a!- potential snonso7s for tce program witn t*-e following !er),1:2ne for -.:e Aponsor5h'p fee '-as cnanged 10 Octooer !St. 2. :.eager necessary to Sign ---e contract -ab:t:tted, --e steering committee, nit -n- w I be 'OIL — res�ors- - Or a:: cost and wl-- tt -P benefit of ,.n_ -nc1iicTi and we w, ---. ]a t-e wo-'l-. hired the Marketing :,rcdiice natprla-u for rhe con4e-ence. ccs- to zDtod'-ce ' _ materJa--s is being 14,-.4ted tr i2,".:0 32,--� -er snonsor. :here wi!! be no additional c,aran f_- ;-,P-er4a-s. Materials for the !.-.W. Conference, November 2, :.)-4, will lnc'uce the following: a. :'ed'a Folder 9 x. :2 with flap 4 colors 2 sides b. Brochure 2 _/2 x 11 "nisned :2 page signature and covar Annc:incement 7' an -n CP.--,3 d. Oster wi-n mao 34" 4 co�ors 1 side -,onom4 c ':1 rof I le ::-qn. -G.,t 4 colors 2 sides October :384 ?age -_.lo f. Carrying case for conference racer'__,:, • 9. Advert4sing ?_Iacemenz In nub-4 cz,-_Cnc Inc- id 'ng --A 7' _s'.Ps for three conse-P,4t4ve wee.zs --ess 35 mm slide presentation '3 projector system-' recordable _n 9 5 format teach sconsor will be given one cozy of tne esenta_ "on in 'deo -o*_-nar. '�r,_ 7. A denogran 'c study of The intercmange area is oeing Droani,ed OY the wV::'am C. Lawrence Comnanv. -n s studv W_ be -.-e casis for t e 2 * conamic, :nser-, n co a[rre ^Ice a:G. -'-a co..,.n:ere study -41": * De given to smonsors on_-, -'� '0 -erence materials will lave the none A s � - -e, a- Con- Of tne snonsors on team, wizt� exception Of -,.e Carrying Cal". 3. a. attendance will be appro.l:4,nate-1. b A!' conference attendees will be -,Jven :nateria-.s paid for by sponsors and admission fees. C. Conference is tarceted for business wishing to exnand or relocate Into the :n1and _moire ::es- pree. d. Materials produced _n e4cess of number of conference attendees W;7: be given to sponsors for distribut4on after the conference. The Conference is designed to snowcase the :nland ::ric.re West to t*-e Investment, real estate, and residential marketplace. It Is also des-gned to show the coonerat-on and Support from c't-es and deve.,_,oment 'nterest in our marketplace. The steering committee has est-abi4shed some significant goals for "-Q d toe conference WI-c-1 e.; dist4nigu'naing the -Oland 7 .. 0i-e West 'Iron -.-e :n-dnd 7mn're, creatinct a for the area around the cnt-7-o -.1terration,-_ t_nOr. --e interc- I_- , f " l., ,anqe and prolr��'ng ('�.,'OqranhJr materials wn.',��, dd"ferentiate the Interchange area from the rest of the :71VO7,.:do, San 11 iy October 1984 Page 7:i_,ee --a 3tee7 r.9 omm4ttee ;-ou:d , be .. _�dont :e,j ,Is a �az fee-- zt�a- ��e 'nte7cnce m- - S ss ; . :n fact, 4t 4s t-e c I a ne � anc ;ca -,o �stabl'sr "I's area as tp f4-- choice of 'n'-sne,�s 6na �4ev�_-Dnzent Ca- 4 ._ _. - - We '-wip --e - Ssenr. . 1 comnonents: a. afforcab:e land tv of fr excellent cllrculat4on syszem d. :f you have dot --!ready, w4:_ YOu sarJous ccns'de-_-atJcn 7C �9na:nr -2,.-C' today?! Our Inland 7np.re West can Snow rremendous develonment and nrog am to t'-0,H people for the "rig*-' ' vocation, -or t"eJw business or f am JOIN Us. :Ie need -._our support anti cooperat-on. • For information .7eff Sceranl-a Bartor. Develooment cor.nany (7:4) 387-D990 Mike Kenney Chevron Land & DeVelonmient Co. (714) 980-3500 O'er, Allen T - , - a Ko-: Co. (714) 801-30!,, MAK�_ C::T-CKS PAYABL7: W �e*ti,:� - I p:tent ,, ^:onfprencp Ontario c.-.amber of Commerce :23 West I St:-op.t P.O. 30:: 3� Onta_-:o, (-:. '. :75. 9 1Sr :eff scer--n.,= C'-e"/rc7. :-and Tennis P, Safeco ance T-e Co. 3omeM2c �un� 0. A. 2u :n-iestmen-s S', ' e--" - -annon l.-, Ame7'_an :nsuranca C3, 3--Onc `dn'er Onter— .0 .a -De:' :f Commerce 2an'o-:o Watson Ranc"-c Cluca.n0n-1 of Commerce Fontana C . n-=n--er lommarca 8a-y ?.:um :.._and 7a:ley Land Camvanv 30b Grubb & E:I:s Gary :dwards Cushman & Wakefield ',4-'00!ebCO0 I /� 0 • • RED LION I NN/ON TAR! O RED LION BALLROOM COMBINE- 3 of „o0 EXIT EXIT EXIT ALL BOOTHS BMX B' Sop i 30 o I boy r° 1152 BOOTHS TOTAL L-1 2 Ifni JI� 3)� ?l/ SJS EX jl'V "pi7 yo ?Pi° D' �E/0 �:�po 10' ld> ao J �NrpQt� FactlT�t� EXIT EXIT DRAWN: 9-2-63 SCALE:�6 =1'0 J IT ENTRANCE --[1 -7 50= PREPARED BY: BY: CAN KIN -; INDUSTRY EXHIBITORS SERVICE 1241 W. HOLT AVE. POMONAj CA. 91768 17in. C70 _a�n< For years community leaders, public official-, and development interests have prepared he Inland T -mDire West i-or your company. Now we have designed a conference to tell you about it! The program is designed to give you the _`acts on the most dynamic marketplace in Southern California. 8:00 -9:00 a.m.: Registration Conference Display Viewina 9:00 -9:10 a.m.: Welcome Video Opening Remarks - Jack L. Siegal, President and General Manager, KNTF, FM. Fadio 9:10 -10:15 a.m.: First panel - THE INFRASTRUCTURE Moderator: Dennis Hansberger, Land Use Consultant Hansberger & Associates Panel members: A) Weslev McDaniels • Executive Director, SANBAG B) William C. Lawrence President, William C. Lawrence Co. C) 'Edward A. Girard Assistant Secretary /Treasurer Chino Basin Municipal Water District c) Mary Nichols Former Chairperson, State Air Resources Board Attorney - Huffstedler, Miller, Carlson & Beardsley D) Michael DiGirolamo, Airport Manager Ontario International Airport - Questions & Answers - 10:15 -10:45 a.m.: Break • 10:45 -11:45 a. r.. SeconG P =net Current Ccm -, c_ =s in eland __ r_ ..est Moderator: _7oe White, Director S._. -_ .rna_dino Co -Inty ECpnDmic :eve2orms nt Panel Mem,hers: 1) G =nera: Dy:am.i cs 2) Chrysler 3) UPS 4) California Steel - Q_estions and 11:45-12:15 p.m.: p.m.: Break 12:15 p.m.: LUNCH 1:00 -1:30 p.m.: Anthony Downs, Senior Fellow Brookings Institution, Washington, D.C. 'The Inland Empire West and its relation to Southern California economy.' 1:30 -2:30 p.m.: Third Panel Moderator: Randall Lewis, Vice President Marketing Lewis Development Panel Members: 1) Albert J. Auer Albert J. Auer and Associates 2) John D. O'Donnell Managing Partner, O'Donnell, Brigham, & Partners 3) John D. Lusk Chairman of the Board, John D. Lusk & Son 4) General William Lyon Chairman of the Board, Chief Executive Officer William Lyon, Company - Question and Answers - 2:30 p.m.: Video presentation, "The Interchange" 2:45 p.m.: Closing Remarks 2:50 p.m.: Adjourn to Displays and tours of selected areas r- nn v. f�V v.UVXI'i UIYVX fX'� cE `- -. ITIOESCR n WARR# WAhK.nMT. _________________ ________________________________________________ _______________________________ 127 FONTANA WOCO PRESERVING 671 MANAGEMENT SERVICES INSTITUTE 279 THE SLN 341 TFANS -wEST F0FO TRUCK 1 A A ECUIPMENT RENTALS 3 A -1 LINEN 2 A -AABLE LOCK E KEY 716 ALL CARS AUTO GLASS 665 ALTA LCMA FLORISTS E GIFTS 696 AMI, INC. 211 AFI ALAFM SYSTEMS 736 AFCHIIECTS AND PLANNERS 668 ASCON, INC. 685 GAFY M. ATWO00 33 BASELINE HARDWARE 112 KAREN BAUGHER 35 BEAR GULCH TIRE SERVICE 484 BEEDLE, TIM 713 JAMES F. BENEDETTI 689 BERRY CONSTRUCTIGN 253 BILL E WAG'S INC 659 BILL BLANKENSHIP 723 BUDGET ROOTER 53 C G ENGINEERING 104 CA ST DEPT OF TFANS. CENT. PU EBeT- CALIFCFNIA BUSINESS 704 CALREC 560_ ERR FAFER COMPANY 731 CEFTIFIEO TRANSMISSIONS 70 CHAMBER GF COMMERCE 72 CHRISTOPHER CHEV, MARK 51 CLAREMONT BLUEFRINT COMPANY 367 COCA -COLA BOTTLING COMPANY OF 369 COMM SER ENTERPRISES 130 COMPUTER SERVICE CO 24C CASHIEF, DEFT OF CONSERVATION n• CHECKA OVERLAP KODAK MOS 55 - REGISTFATION 84 AC NUMBER 256754 C CTHER ITEMS 12e - VOID CHECK 000132 E EITHER ITEMS 133 - MAINT SUPPLIES C ETHER ITEMS LION FAFK COMM CLNTLR C ETHER ITEMS KEYS MAIM SUPPLIES FLOWERS SEMINAR 0770 KRCUTIL 934C BASELINE #8 E OTHER ITEMS PUBLICATIONS REFUND OF DEPOSIT PERMIT #1470 REFUND OF DEPOSIT PERMIT 1633 MAINT SUPPLIES E OTHER ITEMS WEFUNG CLASS 225 MAINT SUPPLIES C LTHER ITEMS TUITION FEIMBURSEMENT MILEAGE REFUND OF DEPOSIT ON PERMIT 1302 70WING C CTHER ITEMS POSSE BOX KEFAIRS- NEIGHBORHOOD CENTER ARCHIBALD RCAOWAY FRCJECT B. STANDARD PLANS E SPECS SUBSCRIFTION BASEBALL BACKSTOP C SOCCER GOALS OFFICE SUPPLIES VEHICLE MAINTENANCE CE'AMBER OF COMMERCE VEHICLE MAINT C CTHER ITEMS MAPS LA LIONS PARK COMMUN. CENTER REPAIRS GE PE FCFD LT E LTHER ITEMS CONTRACT SERVICES C OTHER ITEMS STRCNG MOTION FEES QUARTER FNb 5/30 00054* 82 000834 126 00127• 131 C0132- 157 O0148 00149 GC15C C0151 00152, 00153 C0154 CC155 C0156 00157 C0156 00159 00160 00161 OC162 00163 00164 CC165 00166 00167 C0168 00169 0017C 00171 cc 172 60173 00174 OO175 CC176 00177 00178 00179 -66.46 - 155.00 - 216.62 -5.63 371.79 520.50 E.18 ISC.49 68.90 195.00 376.00 2.65 '00C. Do 250.00 99.31 36.00 60.15 130 .CC 61.35 500.00 242.50 22.15 25.00 4, 99E.60 233.20 1C.00 2,656.00 982.62 4C8.<'C 1,000.00 895.21 30.16 292.71 69.66 727.75 3,166.31 PAYEE -----------------------------------------------_-_--_--_---------------- ITEM DESCR _-------- WARR# _-------- WARR.AMT. --- - -. 383 COPY LINE CORP - SEPTEMBER FENTAL 00180 358.09 711 DEANNE CORTESE REFUNC ON FACILITY RENTAL OVERPMT 00181 7.50 63 COVINGTCN E CROWE LEGAL SERVICES 00182 6,033.75 ' 85 CUCAMCNGA CO WATER GIST ORANGEWL E SN PCNG -PK C OTHER ITEMS 00183 1,467.33 e5 CLCAMONGA CC LATER DIST t7R E KLLSMAN -PKY E CTHER ITEMS CC184 1,156.61 E7 CUCAMONGA PRINTING OFFICE SUPPLIES 00185 84.80 _ 92 DAILY REPORT ADVERTISEMENT C OTHER ITEMS 00186 998.79 697 DEAN LEM ASSOCIATES, INC. GRAPHICS MASTER BOOK 00187 61.24 717 DEE CEE'S DANCE STUDIO REFUNC SIGN PERMIT CC188 32.CC 1C7 DETCC OFFICE SLPPLIES E LTHER ITEMS 00189 134.99 109 CICTAFHCNE CLFF CFFICE SUPPLIES F. CTHER ITEMS 00190 1,311.32 7C9 ELSEVIER SCIENCE PUBLISHING CO., PUBLICATION 00191 59.00 117 EMPEY, HARRY MILEAGE ALLOWANCE 00192 2CC.00 162 EMPLOYMENT DEVELOPMENT CEPT UNEMF INS BENEFIT FUR 6730/84 00193 19.00 705 ESGIL CORFCRAIION CONTRACT PLAN CHECK 00194 4,293.12 - 69C RACHEL ESTRADA REFUND FOR CALSS 221C CC195 15.CC 196 EVANS, KEVIN MILEAGE 00196` 126.90 695 JOSEFF FARINELLA NEFUNC FOR CLASS 12?C 00197 30.00 _ 187 FOOTHILL LAWNMOWER SERVICE MAINT SUPPLIES 00198 75.21 722 FOOTHILL OFFICE SYSTEMS OFFICE SLPPLIES CC199 109.18 70E FORD CF UPLANC CONTRACT PLAN CHECK 0020C 75.76 526 FUJII E TATSUMI BASELINE 6EAUTIFICAIION PROJECT 00201 2,000.00 131 GENERAL TELEFMONE CO. PL519117 C CTHER ITEMS CO2C2 35.89 519 GENERAL WHOLESALE PROCUCTS OFFICE SUPPLIES CC2C3 95.46 _ 142 GCMEZ, RICK TRAVEL C MEETINGS C OTHER ITEMS O0201 252.50 714 LOYD 0. GOOLSBY MILEAGE E LTHER ITEMS 00205 156.00 7C8 GOVERNMENT INFORMATION SEFVICES PUBLICATION CC206 37.95 E91 DEANNA GRACE kEFUND FOR CLASS GC201 36.00 143 GRANT, JERRY R. MILEAGE ALLOWANCE CO208 175.00 692_ HELEN HACLEY REFUND CLASS x224C 00209 IF.00 146 _ NAINES C CC. 12 MONTH LEASE CO21C 2C3.84 118 STEVE HERRERA EQUESTRIAN JUCGE PARADE 11 -3 -84 00211 150.00 514 MOLLEY, BILL PETTY CASH REIMEUHSEM C OTHER ITEMS 00212 134.54 157 HOLLEY, WILLIAM L. MILEAGE ALLOWANCE 00213 200.00 " 158 HOLLICAY ROCK CO., INC. ASPHALT £ OTHER ITEMS CC214 3C6.54 735_JLLIE HLSTLN REFUNC CLASS 2230 00215 30.00 495 HYDRO -SCAPE FRIDUCTS, INC MAINT SUPPLIES 00216 267.12 163 IBM COPY MACHINE RENTAL CO217 1,444.77 700 ICMA BOOK- MANAGMENI OF LOCAL FLANNING 00218 34.00 L 165 INGRAM PAPER OFFICE SUPPLIES 00219 161.60 ' 573 INLAND TRUCK ELECTRIC, INC MAINT SUPPLIES 00220 22.80 W 1 IYEE 703 JON -S FLAG SHOP 177 K -MART 726 KRAUSE PUBLICATIONS 339 LAM, .ACK 621 LEAGUE OF CALIF CITIES 5C LINVILLE- SANDERSOH E ASSOCIATES 730 LISS ENGINEERING 507 M £ M REFRIGERATION, FTG, A/C 133 MAC LACHLAN, BURFORD C ARIAS 724 MAINTENANCE SLPERINTENCENT ASSCC t71 MANAGEMENT SERVICES INSTITUTE 183 BILL MANN C ASSOCIATES 725 KAREN MATCHAM 733 DESSIE MC KEAN 185 MC MAhAN DESK OF ONTAFIO, INC <18 RICHARD MILLS ASSOCIATES 715 MISSICN TIRE E SERVICE CENTER 751 MONTY•S CHEVROLET, INC. 732 MOORE BUSINESS CENTER 230 N6I INC 567 NETWCRK COMMUNICATIONS 728 ONLINE DATA ACCESS 3C6 ORION, LLOYD R 58i PACIFIC CCMMERCIAL BROKERAGE 207 PACIFIC COMPUTER SUPPLY 229 FACIFIC PRCOUCTS, INC 658 PAS GRAPHICS 567 PATTON•S SALES CORP 570 PEAFCE, JAMES 0 737 PEP 8CYS 235 P�NA CISTRIBUTING co 698 PROFESSIONAL DEVELOPMENT INST. 686 PUBLIC SECURITIES ASSOCIATION 302 R £ R GENERAL CONTRACTORS 285 RANCHC DISPOSAL 233_ RAPID DATA, INC 626 RAUL•S TIRE SERVICE 699 REGENTS OF THE UNIV OF CALIF 707 REGENTS OF UNIVERSITY OF CALIF 274 JANICE REYNOLCS 112 RITZ CAMERA CENTERS RANCHC CUCAMONGA F• 3 I0 DESCR - --'-- -- ------ ------------------------------------- WARR9 KANM.AMT, FLAG 00221 291.50 OUSTBUSTERS CC222 48.51 PUBLICATIONS 00223 34.00 MILEAGE ALLOWANCE 00224 250.00 CASSETTEE ON CAPITAL IMPROVEMENT 00225 10.00 SERVICES - CHURCH STREET PROJECT CC226 27C.CC ARCHIBALD AVE. UNDENGRCUNDING 00227 3,314.22 REPAIR SINK AND STOVE 00226 467.86 RELIANCE TRICK CO. CLAIMANT CO229 533.[12 BLUEPRINT REAEING CUUNSE OC23C 60.00 COMPUTER INSTALLATION E LTHER ITEMS 00231 4,340.00 BERYL-HELLMAN STLIRM DRAIN 00232 5,787.28 SUPFLIES -LIONS PARK COMM CENTER LC233 1C8.88 REFUNC CLASS 2230 00234 30.00 OFFICE EQUIPMENT C LTHER ITEMS 00235 2,968.42 BERYL- HELLPAN STORM 0 E LTHER ITEMS CO236 1,981.50 VEHICLE MAINTENANCE E OTHER ITEMS OC237 244.68 19ti CHEVY 00238 6,555.60 OFFICE SUPPLIES 00239 39.02 WORK STATION MODEL 11 00210 32.CO BEEPER RENTAL 00241 20.00 SUBSCRIPTION 00242 24.00 CONTRACT FLAN CHECK 00253 1,ECC.CC NLVEMBER RENTAL UNIT A -62 O0244 60.00 OFFICE SUPPLIES E OTHER ITEMS 00245 13.82 MAINT SUPPLIES C OTHER ITEMS 00216 391.73 MAIN] SUPPLIES E OTHER ITEMS OC257 1,351.22 CUMPUIER TABLE E ETHER ITEMS 00248 627.36 CONTRACT FLAN CHECK E LTHER ITEMS 00249 1,6.00.00 REFUND OF REVIEW E ASSESSMENT FEES CC25C 336-CO FUEL E ETHER ITEMS 00251 8,649.03 PROACTIVE PASSPORT PLANNER 00252 26.00 INCREASE IN PUBLICATION COST 00253 3.55 NEIGHBORHOOD CENTER F E OTHER ITEMS CC25i 78,255.CC LIBRARY TRASH CCLLECT E uTHER ITEMS 00255 111.75 OFFICE SUPPLIES E CTHER ITEMS CC256 606.72 TIRE REPAIR TRACTOR MOWER CC257 22.50 SEMINAR 00258 135.00 GVT. TORT LIA8ILITY PRACT SEPT 84 00259 25.32 PLANNING COMMISSION M E OTHER ITEMS CO26C 50.06 KODAK MDS E OTHER ITEMS 00261 223.47 f- ._l Is • n..•.... u 1 UbAIIUNUH PAUL I PAYEE ------------------------------------------------------------------------------------------------ ITEM UESCR WARR# 'WANR.AMT. 276 RIVERSIDE BLUEPRINT OFFICE SUPPLIES L OTHER ITEMS CC262 162.23 343 RIVERSIDE CCNSIRUCTION CU PkCuk ESS PAYMENT 43 00263 187,205.27 278 ROBERT RIZZO MILEAGE ALLOWANCE 00264 200.00 • 524 FOOT, LESLIE C CONTRACT FLAN CHECK 00265 2,000.00 736 S.L.S. 1RANSFERT INC. REFUND CONDITIONAL USE PERMIT CC266 398.CC 721 SAFETY STRIPING SERVICE, INC. STRIFINC 00267 4,619.88 301 SAN BERNARDINO CO. SHERIFFS OCTOBER FAYMENT 00268 256,647.00 132 SAN DIEGO ROTARY BROOM CO, INC ELGIN WFIKLWIND GUTTER BROOMS CO269 38.16 126 SEVEN DAY AUTC PARTS MAINT SUPPLIES E ETHER ITEMS CO270 84.83 36 BEA SMIDERLE NYC MEETING 10/4/£•4 00271 50.00 734 DIANNA SMOOT REFUND CLASS 2236 00272 30.00 32C SOUTHERN CALIF. LANCSCAFE MGN7. PARKWAY MAINTENANCE CC273 11,184.9] 719 SOUTHERN CALIF. SCFCUL BANG AND 9 PARADE JUDGES FOR FOUNDERS GAY 00274 1,096.90 317 SOUTHERN CALIFORNIA EDISON CO. 6925 ETI',ANDA AV E CTHER ITEMS 00275 3,OU3.22 317 SOUTHERN CALIFORNIA ECISON CO. 34 CAnNELN- HLSIOE E OTHER ITEMS CC276 224.25 317 SOUTHERN CALIFORNIA EDISON CO. 9E82 CARRARI SPR E OTHER ITEMS CC277 874.63 317 SOUTHERN CALIFORNIA ECISON CD. 35 AMBER /HAVEN E LTHER ITEMS 00278 1,342.33 319 SOUTHERN CALIFORNIA GAS CCMPANY 5161 BASELINE E OTHER ITEMS 00279 43.60 330 STATICNERS CORPORATION OFFICE SUPPLIES E OTHER ITEMS 00280 711.69 330 STATIONERS CORPORATION OFFICE SUPPLIES E OTHER ITEMS 00261 281.18 48 STEVE'S MOBIL VEHICLE PAINTENANCE 00282 30.00 279 THE SLN I Yk SUBSCRIPTION E OTHER ITEMS 00283 154.24 336 5UFVEYCFS SERVICE OFFICE SUPPLIES UC285 295.70 71C TELESEFV MAINT CONTRACT FOP COMPUTERS 00285 1,253.52 _ 615 THE TROPHY CASE SOFTBALL SUMMER LEAGU E OTHER ITEMS 00206 4,209.96 727 HOLLY TROXEL BUSINESS LICENSE REFUND CC287 23.24 553 LNISTFL7 LCS ANGELES MAINT SUPPLIES 00288 457.69 ' 702 UNITED PACIFIC CORPORATION CITY WILE STREET TREE SERVICE FROJ 00289 12,E24.OG 720 LNIVEFSITY COPY SY57EMS OFFICE SUPPLIES 00290 54.63 701 VIKING OFFICE PRODUCTS, INC. OFFICE SUPPLIES E OTHER ITEMS CC291 41.28 471 —CARL WARREN E CO CLAIMANT CARL N. BRAD E LTHER 11EMS 00292 589.40 693 GREGCFY WEED kEFUNG FOR CLASS #1050 00293 15.00 365 0. WILLIAMS PRINTING OFFICE SUFPLIES E OTHER ITEMS 00294 119.25 729 WILSLN- BRYANT E ASSOC. LEMON AVE 00295 94.5E 509 XEROX CORPORATION MONTHLY COPY RENTAL CC296 1,229.6C 370 YUKON DISPOSAL SERVICE POLICE STATION TRASH DISFCSAL 00297 70.00 j� 371 '-2EE MEDICAL SERVICE VEHICLE TRUCK KITS CC298 158.58 259 - 11748 t 70 CHAMBER OF COMMERCE SEPT PAYMENT CHECK vATE 9/26/84 11749# 1,000.00 •° 739 ORRICK, HERRINGTON L SUTCLIFFE CHECK DATE 9/26/84 SEMINAR 11750 6.00 • 748 HILTON hOTEL CHECK CATE 9 /LB /B4 11751* 95.CC f- ._l Is • L �1 r OYEE 10 LESCR ----------- --- -- --- ---- -- --- ---- - -- --- --------------------------- 753 744 350 745 150 746 318 423 422 t02 419 141 173 6C 757 169 133 485 138 741 742 672 367 i5C 739 179 302 CMBTA CAPIO ANN HUNSBERGER U. S. FOSIMASTEk SFAFCN LEONARD ANN HLNSBEkGEF-FETTY CASk EDUCATION E. INFORMATION St RVILES SOUTHERN CALIFORNIA EDISON CO. CE JOLRNETT, BOB HERCHENkGELEk, NANCY MEYER, PATRICIA TORRE2, TINO UNITED CENTRAL BANK TRUSTEE HARBOR ADMINISTRATORS CALIF DENTAL SERVICE ARFOWHEAD HILTON LODGE INTL CLNF. BLDG OFFICIALS MAC LACHLAN, BUFFORD E ARIAS INTERNATIONAL CITY MGM1 ASSOC GLENCALE FEDERAL SAVINGS HYATT SAN JOSE CMBTA FRED FFIOR SEMINARS, INC. LEAGUE CF CALIF CITIES COUNTY CF SAN BERNARDINO ORRICK, HERRINGTON E SUTCLIFFE KAISER FOUNDATION HEALTH F E F GENERAL CONTRACTORS 133 MAC LACHLAN, BURFORD C ARIAS HANCRU CUCAMONGA P • 5 W4RRk WAnn.AMT. CHECK CATE 9/28/84 MEMBERSFIP DUES TEXTBOOK FOR ACCCUNTING CLASS POSTAGE TEXTb OOK FOP ACCOUNTING CLASS TRAVEL C MEE7INUS C OTHER ITEMS SEMINAR TEAM.WCRK DYNAMICS TRAFFIC SIGNAL SERVICE UMPIRE FOR SOFTBALL SCFIBALL UMPIRE E SCLREKLEPEk SCCkEKEEPER UMPIRE FOR SOFTBALL 9123 t 9/30 LIFE E LTC FOR IC/84 MEDIAL FREMIUM FOR 10/64 DENTAL INSURANCE PREMIUM 1C/84 -ITY /COUNTY CONFERENC C OTHER ITEMS ICBI. SEMINAR LLAIMANT -BkADY DEFERRED COMP 9/3C/84 PAYROLL DEFERRED COMP 9/BC/84 PAYROLL CMBTA SEMINAR - LODGING FPDGPAM SEMINAR FOR CMBTA REGISTRATION FEE BRIEFING ON LEGISLATIVE IMPLEMENTAT TRAINING SEMINAR SEMINAR ON TAX REFORM E OTHER ITEMS MEDICAL INS FOR 10/64 INNCICE OF E/21 FAIR INCLARECTLY 11780 CLAIMANT -BRAOY CK ISSUEU 9/51E4 11752* 11753* 11754* 11755 - 11756* 11757- 11756* 11759* 1176(.* 11761* 11762* 11763* 11764» 11765* 11766* 11767-x 11766* 117E9' 1177C* 11771* 11772* 11773* 11771, 117754 11776* 11777* 11778* 11779* 1435E 15359k 30.00 3C CC 35.19 1,500.00 35.19 485.39 130.00 SO. 00 96 .CO 1C8.00 E3.00 96.00 2,244.0] 11,545.00 3,594.10 84.CC 375.00 1,373.04 57.00 1,892.50 63.60 13C.O0 155.CC 30.00 195.00 G.00 4,827.91 3t C.00 - 2,746.08 TOTAL CHECKS 714,659.94 CLAIM FOR DAMAGE OR INJURY Ck94 -a7a It Claims for death , injury to person, or to personal property must be UIDANAM 100 days after the occurrence (Gov. Code, Sec. 911.2). IIpM111MRPTION Claims for dansapes to real property must be Filed not later than 1 (Gov. Code, See. 911.4— I TO: CITY OF Z.90 LUCRMDAIHA 1 year after w1ccearOK e moaj- FiR'r � . 1VA9K #4 /,/SO At. /l1fA9 r'M/ /LNiiJ CA 62$4 ?7.Z � Name of Claimant Address r Zip' Phone Age 1.4r/6OA&WM AaAR?VJgZZ AVA9 '/0,1 PO,Ap /li geZ� UiiNO��!7!� Address to which Claimant wishes notices sent. WHEN di am or injury occur? .Q!lG�STd� /1�ctf' WHERE did am or injury occur? 1764 jO 'T/,lgAlflz Aw HOW and under what circumstances di am cr injury occur? ,y, /yp� i r�iN4 1 .ljou7k��sp R Ads A - 3O.aPrF ZU�•,�o ✓aR 7 ;V0 hU .47- S'v/.a.n u .Ow+O .dif 4 ✓/2 .Q,/ ,gi DL 441,0 A/GU) .re'y LAIP /!/IS 734 'fkA& (-,A.� NHAT particular action by the City, or its employees, caused the alleged damage or injury? (Include names of employees, if known) r� N �77/r °NK 7llH Gi ✓oF �Aner�O /_i�cAMa✓fsA --4&?VUAP h6mmVeaf T240L 6•r°6eL bJtlm(f RWAPS ' *4AI ". -7-, i//FAfl "I 6 alo R f4HAil f . ,, WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it may be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed: (Attach estimates or bills, if possible) $ S Total Amount Claimed: NAMES and addresses of witnesses, Doctors and Hospitals: G fl/nFAF, 4)ArS Vdo -aif A9P&4D AT• IL-16 >4 VA II -507(478) r bignatureat Claimant POMONA VALLEY DODGE. INC. 10477 Central Ave. — 17141 621-5921 MONTCLAIR, CALIFORNIA 91763 NAAAE- M'11O .LAN k , REPAIR S-11T 10 ESTIMATE OF REPAIRS CLIrM 1w % r5 A, 0 1 0_P AIJT.1.1" rvE A.0, I -A'T' &L,. =,A, SUR11T SAL" I.. 1A C '01A, "725 NORICK ONLA•o CJ� A, 7 iDVMQ C.AlC" 0 • 0 .,._ „_ ... Y.., .... ................... z��GU�a1p/v STAFF REPORT �. j DATE: October 17, 1984 197; TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Approval of Parcel Map 8583 and Real Property Improvement Contract and Lien Agreement Submitted by Eleanor Carpenter and Located at the Northeast Corner of Hellman Avenue and Ninth Street. Parcel Map 8583 was approved by Planning Commission on June 27, 1984 for the division of 4.5 acres of land into 2 parcels in the General Industrial category (subarea 3) located at the northeast corner of Hellman Avenue and 9th Street. A Real Property Improvement Contract and Lien Agreement to guarantee the future undergrounding of the existing overhead electrical line is also attached for approval. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Parcel Map 8583 and accepting the Real Property Improvement Contract and lien Agreement and authorizing the Mayor and City Clerk to sign same and cause to record., `Respeatfully sub i ed,� C LLbYD . HUBBS LBH:BK:ko Attachments 0 ..0C" . po%. CITY OF RANCI-10 CUCAMONGA {Xf ENGINEERING DIVISION 1977 VICI \ITV MAP 11 z title; Page • RECORDING REQUESTED BY: and WHEN RED OR OED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0, Box 807 RANCHO CUCAMONGA, CALIFORNIA ?:730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT T415 AGREEMENT, made and entered into this day of , 19_, by and between Eleanor Rirst Carpenter and Marjorie Kirst Stroup (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "). provides as follows: WHEREAS, as a general condition precedent to the • retardation of parcel Map 8583, the City requires the under g rounding of existing overhead electrical lines adjacent to the property to be deveinpea; and WHEREAS, the De vel Oper des Tres to postpone COO StroCt ion of such improvements until a later date, as determined by the City; and WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's perforlance, and any repayment due City. 1 10N, THEREFORE, THE PARTIES AGREE: • I. The Developer hereby agrees t0 underground the existing overhead electr ical lines im accordance and comp i ante with all applicable ordinances resolutions, rules and regulations Of the City in effect at the time of the installation. Said improvements shall be installed upon and along Hellman Avenue and Ninth Street, not to exceed beyond the centerline of said street or beyond the frontage of the subject property axceot as required to provide for adequate drainage and traffic transition per City Standards. 2. The installation of said improvements shall be completed no later than one ;1; year foI l awing wr i item notice to the Developer from the City to commence in a a l l a t l on of the same. Installation of said improvments shall be at no expense to the City. • 3. In the event the '.eveldoor shall fall or refuse to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its Intention to do s0, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. Each parcel created by recordation of said map shall be subject to a prorated amount on a per acre basis. 4. TO secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City In completing said Improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property situated in the City of Rancho Cucamonga, County of • San Bernardino, State of California, to -wit: Parcel 1 and 2 of Parcel Map No. 8583 as recorded in Book Page of Parcel Maps, County of San Bernardino, State of California. • 5. Th it conveyance is in .rust for the purposes described above. • • 6. low, therefore, if the Developer shall faithfully perform all of the acts and things to be done under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable stat.rte, pertaining to mortgages on real property. y. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of each of the parties hereto. 8. To the eitent required to give effect of this Agreement as a mortgage, the term "Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms are used in the the Civil Code of the State of California and any other statute pertaining to mortages on real property. 9. If 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 or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys fees as shall be awarded by the Court. 3 /Z IN W iNESS WHEREOF, the parties iie re to nave executed this Agreement on the day and year first above written. CITY DEVELOPER CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation By: .ion 0, otkeis can or <irst tarpen[er Mayor ATTEST: rlalor[e :: rs: St ^oup Beverly A. n'atbel?t City Clerk •..:....... n....,......eee..., , .............u................ STATE OF CALIFORNIA ) s5 COUNTY OF SAN BERNARDIMO) On ,:9_,before me the and efs Tg ned il0 Lary ?U0 iC, perspnally aPpe ared ,ON personally known t0 me to be the 'Mayor of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and knOVm to me • to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation execute '... WITNESS MY .HAND ANO OFF:CIAL SEAL ry signature STATE OF CALIFORNIA ) COUNTY OF SAN BERNARD LNO) On this the day, Of before me, the undersigned NOldry Public persona Iy appeared personally known t0 me ( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within Instrument and acknawleged that executed it, WITNESS NY HAND AND OFFICIAL SEAL. notary Signature NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP. • THE ABOVE ACKNOWLEDGEMENT Is NOT ACCEPTABLE. A CORPORATION /PAR KN NLEOGENENT 15 REQUIRED. 4 • RESOLUTION NO. 40- b~- �c^Cit A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8583 (TENTATIVE PARCEL MAP NO. 8583 WHEREAS, Tentative Parcel Map Number 8583 submitted by Eleanor Carpenter and consisting of 2 parcels, located at the northeast corner of Hellman Avenue and Ninth Street being a division of a portion of the south one - quarter of section 10, Township 1 south, Range 7 west, San Bernardino Meridian, County of San Bernardino was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8583 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8583 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PASSED, APPROVED, and ADOPTED this 17th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa • Jon D. Mikels, 4ayor iy RESOLUTION NO. le- tf--O= 71 - - " ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ELEANOR CARPENTER AND MARJORIE STROUP AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Parcel Map Ho. 8583 located at the northeast corner of Hellman Avenue and Ninth Street by Eleanor Carpenter and Marjorie Stroup was approved on June 27, 1984 and WHEREAS, Installation of undergrounding of existing overhead electrical line established as prerequisite to issuance of Recordation has been met by entry into a Real Property Improvement Contract and Lien Agreement by Eleanor Carpenter and Marjorie Stroup. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. . PASSED, APPROVED, and ADOPTED this 17th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa � 1 �J Jon D. Mikels, Mayor Is' u • J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager C�CAAfpI t� C9 �Y VCn? FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Approval of Parcel Map 8345 Submitted by Sero Amusement Co. and Jafam Corp. and Located at the Northwest Corner of Haven Avenue and Arrow Route. Parcel Map 8345 was approved by Planning Commission on September 12, 1984 for the division of 37.00 acres of land into 3 parcels in the MH (Medium High Residential) and 0/P (Office /Professional) districts located on the northwest corner of Haven Avenue and Arrow Route. Off -site improvements are to constructed at the time of building permit issuance. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 8345 and authorizing the City Engineer and City Clerk to sign same and cause to record. "es' ctfuiiy sub tea /J/ LL YPK HUB S LBH: o At tachments //y P 0 - CITY OF -----0 C�'CA; \10 \GA Y' sY ENGINEERING DIVISION nn VICINITY NIAP /7 tit page RESOLUTION NO. i9- W -44C+ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8345 (TENTATIVE PARCEL MAP NO. 8345 WHEREAS, Tentative Parcel Map Number 8345 submitted by Sera Amusement Co. & Jofam Corp. and consisting of 3 parcels, located at the northwest corner of Haven Avenue and Arrow Route being a division of Lot 15 and 16, Section 11, Township 1 south, Range 7 west, according to map of Cucamonga Sands recorded in Book 4 of maps, page 9 was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8345 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8345 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 17th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa F, L] Jon 0. Mikels, Mayor IB 0 u CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 , i9;; TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Approval of Improvement Extension Agreement Submitted by A & R Equipment Company for P.M. 6596 Located at the Northwest Corner of Lucas Rancho Road and 4th Street. A & R Equipment Company has requested a one -year extension of time to complete the off -site improvements for Parcel Map 6596 located at the northwest corner of Lucas Ranch Road and 4th Street. Bonds and Agreements in the following amounts are on file in the City Clerks office: Faithful Performance Bond $4,200.00 Labor & Material Bond 2,100.00 RECOMMENDATION 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. Agreement to expire August 17, 1985. lly submitted, LBH:BK:ko Attachments 9j • • l kcA ,� y °' =,. CITY OF RANCHO Cl,'CAMONGA w Is ENGINEERING DIVISION w T VICINITY MAP page • 11 CITY of RANCHO CUCAMONGA IMPROVEMENT EXTENSION AGREEMENT FOR PARCEL MAP 6596 KNOW ALL- MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between the said City, hereinafter referred to as the City, and A 6 R Equipment referred to as the Developer. WITNESSETH: THAT, WHEREAS said Developer entered into an improvement agreement with the City as a requisite to issuance of buildings permits, and WHEREAS, said Developer desires am extension of time to complete the terms of the said improvement agreement. NOW, THEREFORE, it is hereby agreed by the City and by said Developer as follows: 1. The completion date of the terms of the said improvement agreement is hereby extended by a period of one (1) year from the date of expiration of the said agreement. New expiration date is August 17, 1985, 2. Increase in improvement securities to reflect current improvement casts shall be furnished by the developer with this agreement and shall be approved by the City Attorney. 3. The required bond and the additional principal amounts thereof are set forth on the attached sheet. 4. All other terms and conditions of the said improvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of Intent to Comply with same, the Developer has submitted the below described improvement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND Description: BOND Additional Principal Amount: No additional Surety: Reliance Insurance Co, required Address: MATERIAL AND LABOR BOND Description: BOND Additional Principal Mount: No additional Surety: Reliance Insurance Co. required Address: Additional Cash Deposit: CASH DEPOSIT MONUMENTING BOND MAINTENANCE GUARANTEE 0040 Principal Amount: To be posted prior to acceptance of the project by the City. » nn. e... c. w «.w.enawn...n...wonsew +ca.e.rx w.cuu.u+Yeoowwuna . a CITY OF RANCHO CUCAMONGA DEVELOPER - A 11 •Equipment CALIFORNIA, a municipal corporationI// —won 0. Mikels, Mayor i Attest: `.ceh �� ,.Y APPROVED AS TO FORM auren asserman, ty er OCT 0 5 PJBA atN NOTE: DEVELOPER'S StGRATURE MIST BE MDTARIZF0 F. i _ -1K, ma 2/ Qvpp a tlrrmnu • RESOLUTION NO. 1&- 17=B`RR ' ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 6596 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on October 17, 1984 by A & R Equipment Company as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located at the northwest corner of Lucas Ranch Road and 4th Street; and WHEREAS, the installation of such improvements, described in said Improvement Extension Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as PM 6596; 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 by the City Council of the City of • Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 11th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa F Jon D. Mikels, Mayor 2�— • F-1 L E rim V AV D a AirUn ri rr A T?nwrr n STAFF REPORT DATE: October 17, 1984, TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer is;; I SUBJECT: Acceptance of Bonds, Improvement Agreement and Lien Agreement for Parcel Map 8303 by C/A Limited (Virginia Dare). Attached is a resolution submitted for the approval of a Lien Agreement on the Virginia Dare Project to guarantee future construction of a Median Island in Foothill Blvd. Also submitted is a resolution for the approval of the Bonds and Agreements to guarantee installation of street and storm drain improvements on Haven and Foothill and a Median Island on Haven Avenue are as follows: Performance Bond $240,000 Labor & Material Bond 120,000 RECOMMENDATION It is recommended that Council adopt the attached resolutions authorizing the Mayor and City Clerk to sign the Agreements as submitted. W ully s mitt LBH: LM:ko Attachments .23 0 0 la E3 fp @s0 B i9d4 CITY OF RANCHO CUCAMONGA -� IMPROVEMENT AGREEMENT FOR PARCEL MAP 8303 %IOW ALL MEI BY THESE PRESVITS: That this agreement is -made and entered into, In conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referr- ed to as the City, oy and oetween said City and C/A Limi'ed aereinarcer rkfe,rep .o a> Ine 6avelvper. THAT, WHEREAS, said Developer desires to develop certtin real oroverty in said City located at the northwest corner of Haven Avenue and Foothill Boulevard; and WHEREAS, said City has established certain reoui^ ements to be met by said Developer as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval. IOW, THEREFORE, it is hereby agreed by and between the City and the Developer as follows: I. The Developer hereby agrees to Construct at developer's expense all improvements described on pages 4 and 5 hereof within 12 months from the date hereof, • 2. This agreement shall be effective an the date of the resolution 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 am exten- sion of time has been granted by said City as hereinafter provid- ed, 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 statement of circumstances of necessity for additional time. In considera- tion of such request, the City reserves the right to review the provisions hereof, including const"ctinn standards, Cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial 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 completed by any law- ful means, and thereupon to recover from said Developer and /or his Surety the full cast 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 work within the pool is right -of -way, and the developer shall conduct such work in full compliance with the regulations contained therein. Ron- comOlIance may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public ight -of -way improvement work required shall be constructed in conformance with approved improvement plans, • Standard Specifications, and Standard Drawings and any special 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- t b } I 11 Lion s h a I T Se s 0 , -c t-d b o o n t , 4 e i i , a c t 4 o , of cre City E'. e, . le v i or < jue to s3id blin -oli, i, itions sna 11 be C,�e,ad c , ) I th 4 , 'a'7e,ne't !no ,e, , .b by :he sure;/ c m,q t ne 0,!,lol , larled sorts. 7 . ' o r< ]one I t ^.:n i < is t in q streets s, 7 S= 1 4 1 e n t y o l r s jet to :o i a i )n; the . I ty sna 1 n3VP tne , got to so-, 1 e'.e !" !,! 1i 'o-, , the e"O"t )f 'n , ls -,so se I ly C-01-t•cc, !,a �c lecclii- --17 cost A,j a�,-lbe ,,r,-j viol ire )ellelo3er !,.I)r -Is cbit ^bctcr by any laiif,l -o:-s. . -ble Vii:- , te — _e :1b7i 1 l5SPf)-S•bI2 ��r -eri co,e^t. so i t - s n , z, i I )' s r v Jamb i , ant f i c - i o i t c n :Ate - 5 /Ste I - i : � l t '-e I e , r+] ", t c t a s I, t,- I i - i e Inc - e .,e- e a:: , sys t 2- . 3. oe- ,i e s D c - s r -vv I t a, tries as is t c by t a 0 a s -e, t ..... Tin , s c y De v e `)p a :o , r ! n t i e C v 7 i i o , 3 :le t2,,, -1 - s I r q a - a 0r S h a 11 be S U b 4 e^: t 3 :!1^ I ' ' ^ v 3 i 3 '. c 1 e . I t y , t c iV. le or, - c i . a I ,so n, t of s i 41 -.,n,o,Pot sic i - ':y s r, a 11 3 lass 1. h 1 the 3'ault Snoan : • • • FAITHFUL PERFORMANCE Type: .r:ncioil ;mount: 32:C, 000. 00 Name and address of surety: MATERIAL AND LABOR Type: Principal AmoinC S12%000.03 Name and address of surety: CASH DRJSIT Type: pria,aoai A.ount: S 300." Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY :'1 Ai :LESS '27EOF, sarti ei harato live caused these presents to be b ly e +ecut= -d and acinoeledye aitd III f: rrali:'es required la, on tie dates sat forth apposite T eXr s'3 ^/a tures. Date �� / UY Oev eloaer '.r..l �3lYSW_�Cp�Ot4G Ti.I/ldl�, es Date / by _..._.._ Developer Accepted: City of Rancid Cucamon ?a, Califarnia A Municipal Cerpor.tiod By: Mayor Attest: Apprdv OEYELOPER'S SIGNATURES MOST BE NOTARIZED O J 1f% *Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1.08, adopting San Bernardino County Code Titles, Chapters 1-5, a cash restoration/delineation deposit shall be made Prior to Issuance of an Engineering Construction Permit. MW-4— am Revised '/Rd ], 8 4 P=qe 4 of o; CITY Or Ril:1,110 C'JUMW6A I tll-.i�ry ON M t NG 0 141 ` 1 ST "A r E or CM — 7R;C-,/PM/D0. C CAT 1 ON G'JANT:'Y j-1 IT F. -2 17-Z j S.F. F I --os, r —t St, t,z S. F. P-7-�rltlz, 1 1 S. s"C Z- TN 6 TIN s— r C e r — S.F. A. Z . S. F. S. F. I - -.1 C, A.C. ly EA. ;!,J,t tC L.F. BalrlcaC2S qr:or sec. stelt s i's S. Agg-z-,at- C . 'C'Cle' -2 IS., 2—C RCF 24 1 K� :c�l 3;. L.F. 48" RCP 12:C Lj EA. EA. EA. [.,Cal sa,ri,, lo, :l EA. Lzcal depross i co n : C.C9 EA, J,,cticrs st,.Ct,r- EA. Outlet st"Itt'le, St, rci EA. Cutlet 5tructire, SId 7 o09. Co A Guard posts Guard panel («01J) L.F. Sa,,C't EA, He ad , (48 a 11 A,ig) 4. L.F. Red,,00d heacer S.F. L11dlC1D1nq & 2.i5 L.F. Roll Curb (P.C.C.) 2, CS ENGINEERING !NSPECT!ON FEE SU3 TOTAL -RESTORATION/DELVEATION CASH CONTINGENCY COSTS U4-6" 11 DEPOSIT �REFJNOABLE) FAITHFUL PERFORMANCE BOND (100'.) MOl SURETY (CASH) LABOR :ND MATERIAL 80N0 (50'.) *Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1.08, adopting San Bernardino County Code Titles, Chapters 1-5, a cash restoration/delineation deposit shall be made Prior to Issuance of an Engineering Construction Permit. MW-4— am Revised '/Rd ], 8 4 Pr:e SJf, Civ 'JF RA:iW.0 � :J.uhGA GiNEERING OI' /IS;O :I c: ^.edlE OF COST 1RACT / ?M /CR o.- _ _ - CE`IE'C;"R -CCAT 161 CC T:TY c4 i.L .. - o.r-•` 22V c.r . "El _ L.F. A.C. ; S.F. C" P.',C sce.ra S.F. S. S. — TC'i A.C. ;over -- •.sl h v $.r to no Ad •.u5: -)-lo to a. }GIGS: 5 ?.ur ^e3i out to ..1 — 51r1 S. F. Re.-.o v e of . ave- =_nt 1 -5 - 5 - �6L Re-oval of _ �♦-_ Refiect -'s S1J p05:5 CCSC rn to pl.:+ 'n..; ..J _ is- CJ^ s:• , ss1,G ^._. _ - -_Gnu :3 -� iu L.F. 21 ,C? - :1 ]i _— — 1b ,z$ L.F. 35" CP r - 3.CJ — — L.F. 48" RC? '- - j EA. Catch - • ;?,;].69 _ Co. Catch. ]ae'n - lo' =CO ` - =: AT V2 9 - _) -..- Ca:cn EA. Local :apres,i n Y ^ EA. Local cares, c n c, EA. `.rction s r ^_/ Nry rc..e Co'i 5CC3.00 0 EA. Outi_t structure. Std -506 a'O.C3 �i'3. En. Outlet s: ruttu ^e. St. =507 FA. Guard posts 40.33 -- L. F. Gu 3rd pane! (Nccd) 25•'0 9;10 L.F. Saecut 2.CO - Mea..all (as. g) 4300.00 Re:wood header I.75 S.F. Lanoscaping 6 vngaticn 2.75 �1 y8g ' L.F. Roll curb (P.C.C.) 7.S0 Z EA 1 -i -aFFc S16rIAL PGi.YA' -ICN L.S. W )5 EA. fs l)ee cC G.Tn Pc LE redM.JAL se'c' -7'G m 1 LS. GENERAL REf --(ovP LS (�.S 2 0 I !.S STRI PI_ni3 o T'W " • Ip3'- -,• - ENGINEERING i9SPEr,TION FEE t 7 a SUB TOTAL "�l" y1itiS 51 =3.�1 85 •RESTGRAiION / DELINEATION CASH < inn nr CONTINGENCY EA[V .OSTi DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100%) T. ".�. MONUMENTATIOY SURETY (CASH) $2.000.00 LABOR AND MATERIAL BOND (50%) u+ -Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1.08, adopting San Bornardino County Code Titles, Chapters 1 -5, a cash restoration /delineation deposit shall be made Prior to issuance of an Engineering Construction Permit. :revlsad 1/64 ^ , BOND R0: $2006 PREYI LM: $4, 1,3 J20.0.00 • EXECMD IN TRIPLICATE FAITHFUL PERFOR14ANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and C/A Lad. (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated SEPTEMBER BTN , 1g0 . and identified as project Parcel flap 3303 is nerepy fBfcr,gl to and lade a part hereof; and, WHEREAS, said principal is required under the .erns of said agreement to furnish a band for the faithful ,..r'crmance of said agreement. NOW, THEREFORE, eve the principal and INDUSTRIAL IRDEY M CoMT0. \7 as surety, are held and firmly bound unto the ,icy r arT—We Cucamonga (hereinafter called "City ") , in the penal sum of Tao Hundred Port, thousand and CO /:00 Dollars (S2A0,000.00) lawful money of the United States, for the payment of whi on sum well and truly to be lade, we bind "rsei,es, p,, heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such -.hot if the above bounded 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 and P rovi sieps in the said agreement and any alteration thereof made as therein provided, on his Or their part, to be kept and performed at the time and in the n3noer therein sp?cified, and in all respects according to thee• true intent =end meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this o I i 9 a ti on shall P e 0 m null and void; Ocher -wise, it s a 11 be and remain in 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 to be taxed as costs and included in any Sudg,ent rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed 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 It erms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by toe prinCipol dn�U?ty above named, on SEPTEMBER 6 v sh I) tv)wrxory din r6W al Partner - ' : .4 MISTRIAL IXDEMV ?;1 CO: TY5 evlpPer ur <[yl BY: V. Dare Winery Property Corpnratton Partner v Don1 YIUu ga to r e t rn Ton ald B. Chr1 tenon, President Mary A.A. n J PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZE0 30 110x9 xa: YS857 -6014 Premium charged for Ihf is innlnded in that =41e LABOR AND MATERIALMEN BOND Performance bond. E%ECCIEn IS TRIPLICATE WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and C/A Ltd. (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, whlch said agreement, dated SEPTSoER SITE 1984 , and identified as proe_ct arse F ,lap is here by re erred to and made a part hereof; and WHEREAS, under the terms of said agreement, phi no ioaI is reRu ired before entering upon the perfor,ancc ' the work, to file a good and cuff i C i ant payment band with theC i ty of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of 0 vi Si on 3 of the Civil Code of the State of California. NON, THEREFORE, said principal and the under Si gned as a corporate Surety, are held firmly boo id unto the City of Rancho Cucamonga and all contractors, subContrac t ors, laborers, material men and other persons employed in the perfor -,ante of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred twenty thousand and 00 /100 0011ars ($12 0,000.00), 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 drought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, includino 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 and to be included in the judgment therein 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 (tormenting with Section 3082) of Part 4 of Divison 3 of the Civil Code, so as to give a right of action to them or their ass gns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, othervise it shall be and remain in full force and effect. The surety hereby Stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the Speci- fications accompanying the Same shall in any manner affect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by She princip 1 and Sure y above named, On SEPT fi 198 4 — C/A L[d. p INDUSTRIAL INOE:LN ITY CWD'AYY 8y. Winery prat.8 Comps eral Partner- l urety ship) an BY: V. y orporation Bv' I I General Pa rcn er —� ttorney• n- ac 71 1 sv; i Mary a. Lnnv - lwnald 0. Ch �t eSt €ao�,T�s {�w R OF ATTORNEY TO ALL BONDS • PL F SIGNATURES MUST BE NOTARIZED z/ n u Cordially, 7 14 om�� Suhd-vider /707" t, �,v A16 . address 7O_G/ /NE- ot�dG /FO.CNiA %.%J /L Date The deoositer of record ;for rat,r, of any onrtioa sf the cash deooslt) shall be li, ..e In II, JO: NOTE: TO BE SUBMITTED FULLY FILLED OUT AND SIGNED 3 �- SUBDIVISIOn GUARANTEE NO PERFORMANCE (SETTING OF FINAL 4ON UMEN T S) "y C :a no 1l i:y a` iancno R. ). 33, 807 iancro :.. a -a rd •. ... .. .e ... .. Cade, _ : th=_ 195 5. a - .zd .. s .. and aO.ees to ..., .... s ..,..i .. .,. .,_.' - .. .. .. .. , .ii �-. ... ,... The mle- ;., -,_ .�, ._ _ - ,s.., deposit, S! e]]s� .n is ^l3t, and the n]::+5 151.2. 15 :"a . "..i. -o] sissified .,. .,4:'. r,... . .. �. �i oe the .rlers "'mar. It is ,11'•l :.001 all '^ :he -,-It the ,n ire s,00^ r r ^o n i 3 iutnorizel to r.oro i ate 'a e-e ^:s ar caase -. cps ^o1'.ted and the ul cost the, ap. is is - '. :nl• "n 'q5: 1. 1• :_JOii: Ind the Li :v of i:nc9] l- ion^.; ,5 i :n]r'�[n: :0 :<e she ass :rf • .. •Jnd It l5 fJ': 2, 11•a.a hl: :]e5 ascent evidence t s a o v. ias vio the a+ ear surveyor for of tie -on: ^an t' an engi or s es Is] ^i] ^d Sect ;o9 6o a N leof the ;over, -er t� ua, to ,aii ng, ._r or surveyor, the cash deposit ie _ rains. If the Cost of ccrolet, ^.o say^. a - ' ecs a roue: of •; the clsn teoosl t, ire J'n f.ersl 7r.: ag, ^ss ii J:v th^ difference within thirty ;30) lays ".a, , a� , , , r ::an stata e,t fren u the City of iancno Eucaronga :oec `.-n• amont if the difference bet'aeen the cash depOS1 : Sn, ,n. .ct Jal cost of "id requirements. Cordially, 7 14 om�� Suhd-vider /707" t, �,v A16 . address 7O_G/ /NE- ot�dG /FO.CNiA %.%J /L Date The deoositer of record ;for rat,r, of any onrtioa sf the cash deooslt) shall be li, ..e In II, JO: NOTE: TO BE SUBMITTED FULLY FILLED OUT AND SIGNED 3 �- RECORDING REQUESTED BY: and WHEN RECORDED NAIL TO: CITY CLERK CITY OF RANCHO CUCAM04GA P. 0. Box 307 RANCHO C'JCAMONGA, CALIFORNIA 91730 SEAL PROPERTY IMPROVEMENT CONTRACT AND L:EN AGREEMENT 74IS AGREEMENT, made and entared inb this Say of , tp , by and detWeen ,/s Limited ;hereinafter referred to as "Deveioper "j, and the C!-,v CF RANCHO CUCAMONGA, CALIFORNIA, a municipal ccrooration (hereinafter referred to as "City "), provides as folloos: WHEREAS, as a general condition precedent to the recordation of Parcel Nap 8303, the City requires the construction of missing off -site street improvements including landscaped median island With C:rb, irrigation and appurtenances on Foothill Blvd, adjacent to the property to be developed; and WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the City; and 'WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, ihi ch said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's perforiiance, and any repayment due City. 33 '1014, TilEREF ORE, THE PARTIES ADD EE: • 1. The Cave l open ne ^aby agrees to It t,3, x111 ',stall Off -s'ta s t r a at improvements irc'ad inp 'andsc apah led, an island with curb, 1rr`a at:do and ]Pc -urtan Ces i n ac car; or ce and Cenp it enCe with all apP1iCI b'e 011113,Ca5 ^e5p1 Y 10x5, ^e es and agu l it .,is of the ^ 4 ty in alf":t it t -a _ installation. Said "Proverents ina11 __ :1531 Id I), and along F30 t'ii 11 3o,levard, not t3 as teed bey o n t ^.e Cxnta ^l i9e 0f Said street Cr beyond the frontage cf the sabjatt h,npa except as reg'u i ^ad to or /l de for adel,ate J ^ a'. ^. i 9e 39.1 ,..fli, transition per City Standards. 2. The installation of said improvements snail be COMP lat_ed no later than one ,:1 year foilcnin3 4-.ten rtice to the 0e val oper from the City to commence installation of the same. Installation of said imorovmen is she l7 be at no expense to • the City, 3, In the event the Developer shall fa,1 or refuse to complete the installation of said improvements 11 . timely manner, City may at any tine thereafter, loon giving the Developer written notice of its intention to do so, enter ipon the property hereinafter described and romp1 ate said 'rprovements and recover all costs of C0.3I ati0, incurred by the City from the Developer. Each parcel created by recordation if said rap shall be subject to a prorated amount on a per are tali s. 4. To secure the performance by the Developer of the terns and conditions of this Agreerent and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon .efault by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following describe • real Property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, to -wit: 2 • That certain portion of Lot 20, Section 2, Township 1 South, Range 7 West, San Bernardino Meridian, per a Map of the Cucamonga Fruit Lands, as per Map recorded in Book 4 of Maps. Page 9, also, a pardon of Lot 4, Tract Ma. 2202, as per Map recorded in Book 34, Pages 67 and 67 1/2 of Maps, both in the City of Rancho Cucamonga, County of San Bernardino filed in the office of the County Recorder of said County bounded as follows; On the West by the East line of the Deer Creek Channel right -of- May. On the South by the tlarth line of Foothill Boulevard rights -of- way. On the East by the West line of Maven Avenue rights -of -way. On the tl0rth by the South Iine of Lot 14 of Tract Mo. 11428 in said City per Map filed in Map Book 158, Pages 19 through 21 Inclusive per records of said County Recorder. 5. This conveyance is .n .r'ist `]r the jdrv)Ses described ape've o. '1 o w, therefore, if the ]eval)per si,a'1 fa itnful 1 per f a, all )f the acts and things to S !one under this Agreement, then this conveyance shall be vo id, otherwise, it shall remain in fall force and effect and In 3;: •esoects Shall be considered and treatdd as a Tnrtgage on the real ]rooerty and • the rights and obligations of the parties alt.h respect thereto shall be governed by the provisions of :he ,17 :;ode If the State of Cail`Ornii, and any pth- apnlir. able statue, pe'tain'n] to mortgages on real property. 7, This Agreement snail be binding ,loon and shall inane to the benefit of the heirs, executors, advinistratrr5, successors and assi3rs of each of the Jarti25 hereto. B. To the extent required to give effect of this Agreement as a mortgage, the t_s rm "Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms are used in the the Civil Code of the State of California and any other statute pertaining to montages on meal property. 9. if legal action is commenced to enforce any of the provisions of this Agreement, to recover any sun which the City is entitled to recover from the Developer hereunder or to foreclose the mortgage created hereby, thin the prevailing party shall be entitled to recover its costs and such reasonable attorneys fees as shall be awarded by the Court. i 3 i A_� 0 'A I T-IE SS '.; NEREOF, the oar; i ?s .,_ .secJ tad this A3reement on :ie day I'd Jed, .rst !.a':. CITY DEVELOPER CITY OF RANCHO CUCAI101Gd, CALIFOR'I:A, a runicspll coroorltion �l TEC (1 — *1 "N'•'•`'P) Dy aypr ATTEST de v I^ eI ity Clark ...................... . ...................... ........ »......... STATE OF CALIFORIIA ) C09'IiV OF SA'! dEPVAR0740) 0, me the u,.e•s,jned 'iotary ivo Ic, oe,sonally looein:c ,.PI "I'd E'IS, p e s o nai;y known to ne to o :he May Or Of the :7A F IA'I CHO • .ULAMD'PiA. CALIFORNIA, a nun i Ci pal coroorltion, and lne.rn tp , to he t9e person eho eaecvted :ne nithi9 ^Wren[ •�ITf r. slid lip icipa: :nr]'Jratid9, ant dctnodi ?.^r^. ?1 to tilt SUcn TJn1C 1]lI c'Jr]er:tian eAo L'Jted .t. 'AITIIESS MV HAND AOD OF` :AL SEAL. STATE OF CAL:FORd IA ) is COUNTY OF SAN dEdilA?JINO) On this the day, of def pre me, the undersigned Rotary u0 :C personally appeared I persona y Ynm+n to me ( ) or]ved to ne on the oasis of satisfactory evidence [., he In. m.cnntcl .ranee nam.lvl suh9crioed to the S*ArE : GI rOPYU CC,v or J r, o,• it *�:aYn .Sya,u eYnr 'e �Y Ms]re n 11,"'d A ...... N, c and ro, YamA5nrt Mrsor+ r appeared � f ..0 _Ctri...+:i4a�n *t;¢_nt.tt.F Lan/ J QFFICIAL SEAL <NFPYI Pef NEI WIG — persoralh v: HO[., eu ;t rf Cal.r `aY • I( 0[AM.E I.WIIM1 i9 Or]Y!0 10 m! On Irr! 0191) 01 Slli illLlOrY 1. p[A<[I SC ^!'n! Otr lOA nn0 F![it t MOArA in [Iru lnfni 01 1 Il Or lne Y ParSMrS A.O na ml0 ^"In AAA a![npY, 11M IWGp �] r, I'd SA! ParinNSArO [.,tend It I ... wr`vtss rw rune Ara on oam�l— . ^!�� -S�.l� Fm.r. wo � K 1A Ile Al I'd S . RESOLUTION NO. - 3A-- I- } -6GeR' ? J- -; -' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 8303 WHEREAS, Tentative Parcel Map No. 8303 submitted by C/A Limited, Subdivider, and consists of 4 parcels, located at the northwest corner of Haven Avenue and Foothill Boulevard being a division of Lot 20, Section 2, Tounship 1 south, Range 1 west was conditionally approved by the Planning Commission as provided in the State Subdivision Map Act and Ordinance No. 28 of said City requiring certain street improvements; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Improvement Agreement & Improvement Security. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is • authorized to attest thereto. PASSED, APPROVED, and ADOPTED this 11th day of October 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, City Clerk jaa • Jon D. Mikels, Mayor 317 • RESOLUTION NO. 10- 1189ER 34" % : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public improvements in conjunction with building permit issuance; and WHEREAS, installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of building permit for Parcel Map 8303 has been met by entry into a Real Property Improvement Contract and Lien Agreement by C/A Limited a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. • PASSED, APPROVED, and ADOPTED this 17th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa E Jon D. Mikels, Mayor 3� CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17. 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds D.R. 79 -06 0 located on the Northwest corner of 19th and Ramona DEVELOPER: Fredricks Development Corporation P. 0. Box 4138 Santa Ana, California 92702 Faithful Performance Bond $63,000.00 `` LCG.trp�C h Z 19 Offsite improvements have been constructed in accordance with the conditions of approval, the improvements have been accepted by CalTrans and a Notice of Completion was recorded on June 1, 1984. It is recommended that City Council authorize the release of the Faithful Performance bond. Tract No. 9351 - located on the West side of Sapphire, South of Banyan SURETY: The Hartford 3435 Wilshire Boulevard Los Angeles, California 90010 Landscaping & Block Wall Bond 542,938.00 The landscaping and block wall have been constructed in accordance with the approved plans and it is recommended that Council authorize the release of the bond. Respectfully subplitted, LLD B. HU88S CITY ENGINEER 39 r1 • CITY OF RANCHO CUCATMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager � cccaKOyc 9 Z`i� � n z i�01�> IIZ 1977 FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Acceptance of Bonds and Agreement for Construction of Hampshire Street at Helms Avenue for a Mini Warehouse Development (CUP 83 -22) The attached resolution is submitted for the approval of an Improvement Agreement to guarantee construction of missing street improvements. The improvements are required with the development of a mini warehouse by Blanco Storage (CUP 83 -22) located at the southeast corner of Hampshire Street and Helms Avenue. The Bonds are as follows: Performance Bond $32,000 Labor & Material Bond 16,000 RECOMMENDATION It is recommended that Council adopt the attached resolution approving the Bonds and Agreements authorizing the Mayor & City Clerk to sign on behalf of the City. Reslabctfully suWitted, :JLM:ko Attachments C,lO n �J l I Puy.... ^Iiv..., , i . 'y �1- ✓ ✓ J. .! .: ro' O.11 ' i � I ,. I`��..� �_.�»•.r,J6 =�` I�Trc[..'i 'ri �. :�i � �iV a !�._ ♦fir ✓. ...�:nnf ' P.:�'•�I it i \ttI M I ~o . ✓ Il !tl'• ' 33 , 6T0 � I ITRAct c�c qo4 ,0 Y i \ \I'M t GI ry of aAivcllo c;;cAMOINcA w s \ 6c. ENGINEERING DIVISION T VICINITY MAP 1� PaFz 4 n CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR C' u> 8 S -7Z KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Aegulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referr- ed to as the City, by and between said City and Blanco Security Storace, Ltd. hereinafter referred to as the Deve oper. THAT, WHEREAS, said Developer desires to develop certain real property in said City located x the aovtheazc miner of s!eL^s and RA^ hi:e Streets ; and WHEREAS, said City has established certain requirements to be met by said Deve Toper as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval. NOW, THEREFORE, it is hereby agreed by and between the City and the 0eve toper as follows: • 1. The Developer hereby agrees to construct at developer's expense all improvements described on page 4 hereof within 12 months from the date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be in default an the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. '_ 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 statement of circumstances of necessity for additional 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 adjustments thereto when warranted by substantial 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 completed 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 be obtained by the Devel- oper from the office of the City Engineer prior to start of any .ark within the public right -of -way, and the developer shall conduct such work in ful1 compliance with the regul atlons contained therein. Non - compliance may result In stopping of the work by the City, and assessment of the penalties provided. 6. Public right -of -way improvement work required shall be constructed in conformance with approved improvement plans, Standard Specifications, and Standard Drawings and any special -I- A �� 1 i _� S.F.. D.A., Res., P.H..COP 0 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 be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 7. Work done within existing streets shall be diligent- ly pursued to completion; the City shalt 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 lawful means. B. 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 system. 9. The Developer shall be responsible for removal of all loose rock 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. lt. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney. The prin- cipal amount of said improvement security shall not be less than the amount shown: • -2- CJ Ll FAITHFUL PERFORMANCE Type: Bond Principal Amount: $12,000.00 Name and address of surety: MATERIAL AND LABOR Type: Bond Principal Amount: 516,000.00 Name and address of surety: CASH DEPOSIT MONUMENTATION Type: Principal Amount: n/a Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly e.ecuted and acknowledge with all formalities required by law an the dates �*t forth apposite their signatures. Date by 9LV�W sm.' :.TU. Developer gnature ck M. Little, F eontVe Vice President nL :VN I \1E«".'_`515 a L'.:G L'IC x CE.zE • Printed Date_ by Developer gnaw re Accepted: City of Rancho Cucamonga, California A Municipal Corporation By' Mayor Attest: itY [ler Approved: '�� °i ity 'A ttarney DEVELOPER'S SIGNATURES MUST BE NOTARIZED 4 't/ -3- • "gEst QUANTITY 495.58 'Sad_ Bli _3 496 4733 89 1_ 2 i 4C0 36 L.F. L.F. L.F. L.F. S. I. S. F. S.F. C.Y. C.Y. S. F, S. F. TON TON TON TON S. F. S. F. S. F. EA. EA. EA. EA. L.F. L.F. S.F. L.I. L.F. EA. EA. L.F. S.F, TON C.Y. L,F. L.F. L.F. L.F. EA. EA. EA. EA. EA. £A. EA. EA. EA. L.F. L.F. EA. L.F. S. F. L.F. EA. NOTE: Does not include current fee for writing person or paverent deposits P.C.C. Curb - 12" C.F. 24" gutter P.C.C. curb - 8' C.F. 24" gutter P.C.C. curb only A.C. berm 4" P.C.C. sidewalk Drive approach 8" P.C.C. cross gutter (inc. curb) Street excavation Imported embankment Preparation of subgrade Crushed agg. base (per inch thick) A.L. (over 1300 tons) A.C. (900 to 1300 tons) A.C. (500 to 9W tons) A.C. (under 500 tons) A.C. (3" thick) Patch A.C. (trench) 1" thick A.C. overlay Adjust sewer mannole to grade Adjust sewer clean cut to grade Adjust water valves to grade Street lights Barricades (intersec, 5500 min) 2 x 4° redwood header Removal of A.L. pave�ent Removal of P,C.C, curb Removal of A.C. berm Street signs Reflectors and posts Concrete block wall Retaining wall Aggregate base Concrete structures 1B" RCP (2000 0) 24' RCP (1500 0) 36" RCP (2000 0) 48" RCP (1200 0) Catch basin H = 4' Catch basin N = B' Catch basin H • 22' Local depression 4' Local depression 12' Junction structure Outlet structure, Std #506 t�v Outlet structure, Std #507 Guard posts Guard panel (wood) Sawcut Headwall (48' wing) Redwood header Landscaping 6 irrigation Rail curt (P.C.C.) street Trans 7.25 CITY OF RANCHO CUCNgNGA 5. 00 ENGINEERING DIVISION 5. 50 ENCROACHMENT PERMIT FEE SCHEDULE For Improvement: ce southeast cno mer of 4anaahim end l3els strapts Date: 9 -29-84 pmpute y; ,11e- sandersm a Assoc. File Reference: ,. T, u gl_o, City Orawing No. 8B3 QUANTITY 495.58 'Sad_ Bli _3 496 4733 89 1_ 2 i 4C0 36 L.F. L.F. L.F. L.F. S. I. S. F. S.F. C.Y. C.Y. S. F, S. F. TON TON TON TON S. F. S. F. S. F. EA. EA. EA. EA. L.F. L.F. S.F. L.I. L.F. EA. EA. L.F. S.F, TON C.Y. L,F. L.F. L.F. L.F. EA. EA. EA. EA. EA. £A. EA. EA. EA. L.F. L.F. EA. L.F. S. F. L.F. EA. NOTE: Does not include current fee for writing person or paverent deposits P.C.C. Curb - 12" C.F. 24" gutter P.C.C. curb - 8' C.F. 24" gutter P.C.C. curb only A.C. berm 4" P.C.C. sidewalk Drive approach 8" P.C.C. cross gutter (inc. curb) Street excavation Imported embankment Preparation of subgrade Crushed agg. base (per inch thick) A.L. (over 1300 tons) A.C. (900 to 1300 tons) A.C. (500 to 9W tons) A.C. (under 500 tons) A.C. (3" thick) Patch A.C. (trench) 1" thick A.C. overlay Adjust sewer mannole to grade Adjust sewer clean cut to grade Adjust water valves to grade Street lights Barricades (intersec, 5500 min) 2 x 4° redwood header Removal of A.L. pave�ent Removal of P,C.C, curb Removal of A.C. berm Street signs Reflectors and posts Concrete block wall Retaining wall Aggregate base Concrete structures 1B" RCP (2000 0) 24' RCP (1500 0) 36" RCP (2000 0) 48" RCP (1200 0) Catch basin H = 4' Catch basin N = B' Catch basin H • 22' Local depression 4' Local depression 12' Junction structure Outlet structure, Std #506 t�v Outlet structure, Std #507 Guard posts Guard panel (wood) Sawcut Headwall (48' wing) Redwood header Landscaping 6 irrigation Rail curt (P.C.C.) street Trans 7.25 5. 00 973 5. 50 4.50 1.75 T :.j;+$p• 2.10 5 938 3.40 1.50 1.50 0.15 5 -4 %0:63( .02 s 3-9 27.00 35.00 ^ -- 45.00 60.00 5 5.340 0.55 1.75 0.30 260coo 2".O.JO -S -Jo 150.00 ;75:OP 50.20 5 100 :dOOlXOd1, 550.90 1.00 1.75 0.35 0 3.30 1.00 250.00 35.00 25.00 20.00 7.00 -- 425.00 29.00 35.00 49.00 76.00 2000.00 2900.00 4500,00 500,00 1000,00 5000.00 450"P(2, 500 s o0n 500.00 40,00 25.00 4000,W 1.75 2.75 7.50 100.00 $ 3 600 _ ENGINEERING INSPECTION FEE $1,565 SUB TOTAL vA sna •RESTORATION /DELINEATION CASH cl .00 CONTINGENCY COSTS a 4n5 DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (1005) 32.000 MONUMENTATION SURETY (CASH) m/a LABOR AND MATERIAL BOND (504) 16, OW -Pursuant to City of Rancho CRCeeploga Municipal Code, Title 1, Chapter LOB, adopting San Bernardino County Cade Titles, Chapters a -5, a cash restoration/delineation deposit shall be node prior to Issuance of an Engineering Construction Permit. 7" c„•.,..,w span RECEIVED Ah . . . ...... M� %To nnROgR Bond: 90 B3935 Premium:S512.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Ran Cho Cucamonga, State Of California, and elan. Seaurat Stara Ltd. (hereinafter designated as "poodle nave entered iota an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198 , and identified as project L7_83 -33 is hereby referred to and made a part .raof;ana, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. l_I 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 lees, 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 change, extension of time, alteration or addition to the terms of the agreement or to the nark to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligati ens on this bond, and it does hereby waive notice of any such change, extension of time, al teratign or addition to the terms of the agreement or to the work or t0 the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, 01 October 3 198 4 . PVda": .SFY TM 11b ,F. LIT. EEVF, PEPS RlgCMNCC CO' ::Y —n qve ro per — urety ignature Attorney -h�A aCt ek M. btttle, FYecuttve Vice- Pfestdent THOL4A5 H. TY (f4:LL,J R. liJNt) INVF.SO+3M5 a [ANT. 1,TC). Its' lm:FnAl, PAR Ti-, PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARISED y7 NOW, THEREFORE, we the principal and v L. PAN upANY as surety, are held and firmly bound unto the Elty o Rancho Cucamonga (hereinafter called "City,-), in the penal sum of Thtrty_T IT:oasard Collars _ _______________________________ Collars awful money Of the United ates, 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 abide by, and well and truly keep and perform the covenants, condi tians and • provisions 10 the said agreement and any alteration thereof race as therein provided, on his or their part, to 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 officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. l_I 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 lees, 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 change, extension of time, alteration or addition to the terms of the agreement or to the nark to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligati ens on this bond, and it does hereby waive notice of any such change, extension of time, al teratign or addition to the terms of the agreement or to the work or t0 the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, 01 October 3 198 4 . PVda": .SFY TM 11b ,F. LIT. EEVF, PEPS RlgCMNCC CO' ::Y —n qve ro per — urety ignature Attorney -h�A aCt ek M. btttle, FYecuttve Vice- Pfestdent THOL4A5 H. TY (f4:LL,J R. liJNt) INVF.SO+3M5 a [ANT. 1,TC). Its' lm:FnAl, PAR Ti-, PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARISED y7 Bond: 909193s Prems um included LABOR AND MATERIALMEN BOND WHEREAS, the City Count ii of the City of Rancho Cucamonga, State of California, and Alan. B 'Ity Storayc. Ltd. (hereinafter designated as "pr1nCIPa " ) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198 and identified as project is hereby eP<rred to and made a part hereo . an WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 Of the Civil Code of the State of California. NON, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, materiaimen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of =n:eewo D r e.er.---------^- Collars (Sla n0a.p0 ), for materials furnished or labor therean 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 bond 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 and to be included in the judgment therein rendered. It is hereby expressly sticulated 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 Oivison 3 of the Civil Code, 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 be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, 1. extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations an this bond, and it does here- by waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and Surety above named, on �n,rmt 198_4 _. PI hY'n 9F^ ?STY i`mvi,lF. LTC. cEVELOm�P9 tNSVPo\VCe OMPAA't �lVev{e'�loper � (Surety TS l9naturo Attorney-In act Nrlltik I. Little. Executive Vice rresidnrt TI!JARS .. T'!R L, JR. • ✓ V \m P. N.�i^Th!+T9 b islm, I.T.I., ^ r?rnT v, P*nTP PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED RESOLUTION NO. i9 R "7— J' f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 83 -22 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on OCTOBER 1, 1984 by Blanco Security as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at Helms Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Conditional Use Permit 83 -22; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the sane are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of • Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 17th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa L Jon D. Mikels, Mayor 4 y 0 • is CITY OF RANCHO CUCAMONGA cccnaro STAFF REPORT° GATE: October 17, 1984 iv;;' TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Approval of Real Property Improvement Contract and Lien Agreement submitted by Randolph and Sandy Davis for property located at 9942 Almond Street Mr. and Mrs. Fred Janz have applied for a building permit to construct a dwelling unit on a lot located at 9942 Almond Street generally located south of north City limits and west of Hermosa Avenue. The property does not front upon an improved public street. Access to the lot is provided from Hermosa Avenue. An offer to dedicate public streets fronting the lot has been submitted as established by City Council Resolution No. 80 -38. The attached Real Property Improvement Contract and Lien Agreement has been submitted to guarantee the future construction of Almond Street. RECOMENDATION It is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the Real Property Improvement Contract and Lien Agreement on behalf of the City. tfully sgbmitted, LBH:JLM:ko Attachments So North C-4Y L,m,�r Par, 3, 6 5 lam' 52 yl Pai 2 -' Par. 3 Paco 3.20AC 4 3 25 AIC y'1 ,t4)Y 2.50AC 0 Sl �P 6°10 g ^;l Oh. nll•�POLI /L"I m ^ POI. a11.32F0M �c • . iio s� AunONU a�o:aE'T SITE 9 , 36 7.04 AC. p M/L RANCHO CIJCM""%CA �ccu +NO,+;, CITY OF A +. 5 ENGINEERING DIVISION N 8 &> VICINITY MS /P ,m page • RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: CITY CLERK CITY Or- RANCHO CUCAMONGA P. O. Box 807 RANCHO CUCAMONGA, CALIFORNIA 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS 'AGREEMENT, made and entered into this 131 . day of 19 ✓y , by and between Fred Janz and Norma Janz (hereinafter referred to as "Developer "), And the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal conoration (hereinafter referred to as "City"), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building Permit for 9942 Almond Street, a single • family residence development the City requires the construction of missing off -site street improvements including curb, guttor, asphalt paving, concrete drive approach, street trees and a street light adjacent to the property to be developed; and r �J WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the C i tyi and WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's performance, and any repayment due City. 5 i 1 0 N0'4, NEREFORE, THE PARTIES AGREE: -1. The Developer me,eby agrees that trey will install off -site street improvements including concrete curb, gutter, drive approach, asphalt paling, street trees and a street light in accordance and cpmoliance with all applicable ordinances resolutions, rules and regvlatians of the City in effect at the time of the installation. Said T,.rovem"ts Thal! be installed upon and along Almond Street, not to exceed the centerline of said street or beyond the frontage of the suS;ect property except AS regui red to provide for adequate 1r3inam6 and transition per City Standards. 2. The installation of said improvements shall be completed no later than one (1) year fol low,ng written notice to the Developer from the City to commence installation of the same. Installation of said imprOvementi shall be at me axpense • t0 the City. 3. In the event the Developer shall fail or refuse to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to is so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Oeve l oper, 4. To secure the performance by the Developer Of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property situated in the City of Rancho Cucamonga, County of • San Bernardino, State of California, to -wit; Parcel 1 of Parcel Nap 1823, as per Plat filed in Book 17 of Parcel Naps, Page 75, records of San Bernardino County, `-1' a 53 0 J 5. This conveyance is in trust for the purposes described above. 6. Noe, therefore, if the Developer shall faithfully perform all of the arts and things to be done under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full force and effect and in all respects shall he considered and treated as a mortgage ac the real property and the rig Sts and obligations of the parties with respect thareto shall be governed by the provisions p the Civil Cade of the State of California, and any other applicable statute, nertaini no to mortgages on real property. 7. This Agreement shalt be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of each of the parties hereto. S. To the extent re gui red to give effect of this Agreement as a mortgage, the term "Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms are used in the the Civil Code of the State of California and any other statute pertaining to mortages on real property. 9. 1f 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 or to foreclose the mortgage created hereby, then the prevailing party Shall be entitled to recover Its casts and such reasonable attorneys fees as shall be awarded by the Court. 3 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY DEVELOPER CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal ' / /I corporation /' c By: JOn :'11(a5 IA a yo P.Rp."Ovi! w aiia ATTEST: SEP I7' rf -a c,, ::,. .v ,; `e�A. Au the ie[ City Clerk VNUn nc "p ":+'. "1 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO) On ,19__,before me the undersigned Notary Ppbi in, personally appeared JON 0. 91[ELS, personally known to me to be the f4 a yo of the CITY OF .RANCHO . C'UCAMONGA, CALIFORNIA, a Muni C cal corporation, and known to me to be the person who executed the within instrument an benalf of said Municipal corporation, and aCknoaledgod to me that "co municipal corporation executed WITNESS MY HAND AND OFFICIAL SEAL. Notary Signature STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO) On this the day, of before me, the undersigned platy Public perSome;-, y appeared persond y to me ' ( I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowieged that executed it. WITNESS MY HAND AND OFFICIAL SEAL. Notary Signature NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, • THE ABOVE ACNNOWLEOGEME" IS NOT 'ACCEPTABLE. A AR N CORPORATION /P N ENT NO LEOGEMIS REQUIRED. 4 • RESOLUTION NO. :o —P—%CR ? "i —' °'/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FRED JANZ AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public improvements in conjunction with building permit issuance; and WHEREAS, installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of building permit for 9942 Almond Street has been met by entry into a Real Property Improvement Contract and Lien Agreement by Fred and Norma Janz a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. • PASSED, APPROVED, and ADOPTED this 11th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa El Jon D. Mikels, Mayor S 4 u CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 5, 1984 a `V "I`Ovc � n 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer SUBJECT: San Bernardino Road Reconstruction & Improvement Environmental Review. This report presents an Environmental Initial Study for the proposed San Bernardino Road Reconstruction and Improvement. This project includes reconstruction of existing street pavements, curbs, gutters and sidewalks. There is no significant construction of new improvements except missing curbs, gutters or sidewalks along the existing street. The project is considered to have minimal environmental impact. RECOMENDATION It is recommended that City Council approve the attached resolution approving the environmental assessment and issuance of a "Negative Declaration" for the proposed San Bernardino Road Reconstruction and Improvements. B. HUBBS LBH:BWF:ko Attachments 5'7 11 CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: SAN RVRNARn1Nn ROAD RECONSTRUCTION TMPROVEMENTS APPLICANT'S NAME, ADDRESS, TELEPHONE: NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT:RIan W. Frandsen_ Senior Civil 30 (714) 989- LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) San Bernardino RRad h tween Vineyard AVen a and Archibald Avenue LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 _c'3 PROJECT DESCRIPTION DESCRIPTION OF PROJECT: Street Reconstruction. localized curb, gutter, cross putters and sidewalk reconstruction ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: 7.56 acres of project area. DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): 9 Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? NO i� L I -2 "q :JILL THIS PROJECT: • YES NO . x 1. Create a substantial change in ground contours? X 2. Create a substantial change in existing noise or vibration? 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? y 4. Create changes in the existing zoning or general plan designations? �J _.I _ 5. Remove any existing trees? How many? la y 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above increase at the oroiect site for the Aurar; uct—sulFlu nvcu dnu "nree cucdiypcus frees east of Hellman Avenue where curb gutter and sidewalk is needed. This will thin the tree row and rEmove trees IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. N/A which have overgrown the parkway lifting the curbs, gutters, and sidewalks. Selective replacement will be considered, although, tree for tree replacement not advised. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development Rev' Committee. v Dat ' L � A "Signature 11,71 BLANEl . FRANDSEN Title I -3 a� SENIOR CIVIL ENGINEER RESIOENTI,ah CONSTRUCTION • The following information should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Specific Location of Project: 1. Number of single family units: 2. Number of multiple family units: 3. Date proposed to begin construction: 4. Earliest date of occupancy: Model # and # of Tentative S. Bedrooms Price Range PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL E I -4 • G/ CITY OF RANCHO CUCAMONGA PART II - INITIAL STUDY ENVIRONMENTAL CHECKLIST DATE: September 5, 1984 APPLICANT: City of Rancho Cucamonga FILING DATE: LOG NUXBER: PROJECT: San Bernardino Road Reconstruction a Improvement PROJECT LOCATION: San Bernardino Road 975 E/o Vineyard to Archibald I. E:R'IRO`RL°NTAL IMPACTS (Explaaation of all "yes" and "maybe" answers are required on attached sheets). G �- YES MAYBE NO 1, Soils and Geclogy. Will the proposal have • significant results in: a. Unstable ground conditions or in changes in geologic relationships? X b. Disruptions, displacements, compaction or burial of the soil? % C. Change in topography or ground surface contour intervals? X _ d. The destruction, covering or modification of any unique geologic or physical features? e. Any potential increase in wind or water erosion of soils, affecting either on or of: site conditor,s? I_ f. Changes in erosion siltation, or deposition? X— g, Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? ,L h. An increase in the rate of extraction and /or use of any mineral resource? �L 2. Ilydroloey. Will the proposal have significant results in: G �- a. Change in the characteristics of species, • including diversity, distribution, or number of any species of plants? _ iL b. Reduction of the numbers of any unique, rare or endangered species of plants? A- ,',� 3 \ YES :_'ME SO a. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream • channels? X b. Changes in absorption rates. drainage patterns, or the rate and amount of surface water runoff? - c. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any body of water? _X _ e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? % g. Change in the quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? % h. The reduction in the amount of water other- wise available for public water supplies? -_ X • J. Exposure of people or property to water related hazards such as flooding or seiches? X 3. Air Oualit-.. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile - or indirect sources? .% Stationary sources? % b. Deterioration of ambient air quality and /or interference with the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? 4. Bioca Flora. Will the proposal have significant results in: a. Change in the characteristics of species, • including diversity, distribution, or number of any species of plants? _ iL b. Reduction of the numbers of any unique, rare or endangered species of plants? A- ,',� 3 YES )L4 "5 ::0 C. Introduction of new or disruptive species of • plants into an area? _ X d. Reduction in the potential for agricultural production? X Fauna. Will the proposal have significant results in: a. Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration or removal of existing fish or wildlife habitat? X 5. Peoulaticn, Will the proposal have significant results in: a. Will the prcposal alter the location, distr`.- • bution, density, diversity, or grcvth rate of the human population of an area? X b• Will the proposal affect existing housing, or create a demand for additional housing? X 6. Secic- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or commercial diversity, tax rate, and property values? b. Will project costs be equitably distributed among project beneficiaries, i,e., buyers, tax payers or project users? 7. Land Use and Planninc Considerat'.c rS. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? b. A conflict with any designations, objectives, ® policies, or adopted plans of any governmental entities? c. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? J� YES )UYBE 8. Transportation, Will the proposal have significant results in: • a. Generation of substantial additional vehicular movement? _ X _ b. Effects on existing streets, or demand for new street construction? X c. Effects on existing parking facilities, or demand for new parking? X d. Substantial impact upon existing transporta- tion systems? X e. Alterations to present patterns of circula- tion or movement of people and /or goods? X f. Alterations to or effects on present and Potential water- borne, rail, mass transit or air traffic? X g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? 9. Cultural Resources. Will the proposal have significant results Will a. A disrurbance to the integrity of archaeological, • paleontological, and /or historical resources? 10. Health, Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health hazard or potential health hazard? - i b. Exposure of people to potential health hazards? IL C. A risk of explosion or release of hazardous substances in the event of an accident? X_ d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? e. Increase in existing noise levels? X f. Exposure of 'oeopLe to potentially dangerous noise Levels? X g. the creation of objectionable odors? _ X • h. An increase in light or glare? _ X �o� YES KIY3- NO 11, Aesthetics. Will the proposal have significant • results a. The obstruction or degradation of any scenic vista or view? b. The creation of an aesthetically offensive site? �* c. A conflict with the objective of designated or potential scenic corridors? 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? b. Natural or packaged gas? C. Communications systems? d. Water supply? e. Wastewater facilities? i . £. Flood control structures? Y g. Solid waste facilities? h. Fire protection? Y i. Police protection? X J. Schools? X k. Parks or other recreational facilities? X I. Maintenance of public facilities, including roads and flood control facilities? X M. Other governmental services? X 17. Enerev and Scarce Resources. Will the proposal have significant resuits in: a. "se of substantial or excessive fuel or energy? X b. Substantial increase in demand upon existing sources of energy? X c. An increase in the demand for development of • new sources of energy? X d. An increase or perpetuation of the consumption of non - renewable forms of energy, when feasible renewable sources of energy are available? X 0 Il. DISCUSSION OF ENVIRONMENTAL EVALUATION (i.e., of affirmative answers to The above questions plus a discussion of proposed mitigation measures). l.c. Parkway grades will be built up in the following areas to accomod ate curb, gutter and sidewalk constructions and for the elimination of two roadway dips. These areas include the 260' reach of San Bernardino Road @ its intersection of Sauterne Drive. This working will eliminate the cross gutter and "dip" across San Bernardino Road. The southerly parkway will have to be raised, including trees, sprinklers, curbs, gutters and sidewalks. A 40' reach of San Bernardino Road at Lion Street will be reconstructed to eliminate the "dip" and cross gutter at this intersection. Curb, gutter and parkway landscaping will be reconstructed through this reach. Sidewalks will rem ain. The southerly parkway along San Bernardino Road in the vicinity of the existing trailor court east of Hellman will be removed and recompacted to correct the settlement of the curbs and gutters. A retaining wall will be constructed along • the existing fenceline and the parkway will be filled to provide for future sidewalks along this reach of the street. The southerly parkway 100' west of Klusman Road to Klusman Road and the westerly;ide of Klusman Road will be improved where missing improvements exist. An existing driveway west of Klusman will be removed and a new replacement driveway provided on Klusman Avenue. Missing frontage improvements on either side of San Bernardino Road shall be installed between Klusman and Archibald. The southerly parkway will be filled. Driveway transitioning will be required along both sides of the street. Construction of new curbs and gutters along the north side of San Bernardino Road between Hellman and Layton will require regrading and reconstruction of the existing driveways beyond the street right of way. Driveway reconstruction details for this reach and the other areas noted have been prepared and all such workings will be included as part of the project. 2.1b. By virtue of eliminating the two cross gutters at Sauterne and Lion Street, nuisance w ater flows will be transferred to the north side of the street. A new C. V. P. drainline and catch basin has been incorporated into the project to take away most of these flows. Yet, storm flows will now concentrate along the north side of the street before toping the street crown. A master plan storm drain is to be constructed at some time in the future to carry • the majorstorm flows coming from Lion Street. A condition of localized flooding has been experienced here in the past. The proposed workings will not eliminate this. An outward appearance of agravation In r7 may be noted where more water will be carried on the north side, yet, no major difference should be noted during major storms. The street will be flooded as before, the south side of the street being the low side carrying the predominate storm flow. 8.a.c. San Bernardino Road is recognized as a secondary arterial street, yet, has traditionally carried traffic volumes far less than its capacity and designation. Eliminating of the two dips in the roadway will better the ridability of the street between Vineyard and Hellman Avenues. This could possibly make the street more attractive to local traffic. making this a more attractive thoroughfare. B.g. The two dips are noted as being rem oved as well as replacing curb returns of substandard radius, will eliminate the traffic obstructions of cars "bottoming out" in the roadway dips, eliminate wheels hitting the corner curbs when turning to and from the side streets. Handicap access (wheelchair ramps) will also be installed at the street corners to • bring the street im provements to current handicap requirements. ll.b.c. The areas east of Hellm an Avenue exhibit, both new and old development. The newer developem ent has installed street improvements, where many of the older developments exist without curbs, gutters and sidewalks. Puddling of nuisance w aters along the edge of pavements is com mon through these older areas. The proposed workings will eliminate most of this, by curb & gutter construction. Some homes will get curbs, gutters, and sidewalks and others will get curbs & gutters only. The curbs, gutters and driveways are needed to maintain and protect ' the street pavements. Sidewalk construction replaces existing sidewalks needing repair, as well as sidewalks on the south side of San Bernardino Road between K1usm an & Archibald where curbs and gutters could not be installed without filling the parkway. A special sidewalk with a back of sidewalk footing has been proposed to minimize filling behind the curb. This sidewalk will provide the only continuous footpath along this reach of San Bernardino Road between Archibald and Klusm an without walking through landscaped yards or in the street. 12.a.b. Three power poles and their accompanying overhead lines and guys are noted to fall within the proposed street sections. These will have to be relocated out of the street section. Edison has indicated that their workings will be complete as of November 15, 1984. The telephone company has been contacted regarding the project, but have not responded pertaining to possible relocation. An evaluation of responsibility for such locations is pending, reviewing the right of way section of the Edison Company. 12.f. As previously noted, the surface runoff will be rerouted to the North side of the street. To accomodate nuisance waterflows, a drainiine has been included in the L? 0 project as well as catch basins at Lion Street and Orangewood Drive. The drain will handle only minorflows. M ajor storm flows will overwhelm the system and flow along the street as has been traditionally experienced. The drainline system will be replaced with the eventual M asterplan Storm Drain sited for this area. No timetable has been set for the m asterplan installation. 12.h. The fire station located on San Bernardino Road at or about Klusman will be affected by temporary detour routings during construction. Workings will be performed in all three directions leading from the firestation. Special coordination requirements will have to be imposed upon the contractor to accomodate the passage of emergency equipment. 12.1. The workings are predominantly a maintenance action to rehabilitate the street pavements. The additional curbs and gutters will remove nuisance water from flowing on the A. C. pavements in various locations. Buckled curbs and gutters and lifted sidewalks will be repaired and or replaced. Pavements showing breakup will be removed and replaced. A surface overlay to extend the service life of the remaining pavements will be applied. • E (a y III. DET KUNATION On the basis of this initial evaluation: • I find the proposed project COULD NOT have a significant effect L on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant I effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. CI find the proposed project MAY have a significant effect on the ervirnment, and an ENVIRONM T I }TACT RHPORT is required. Date • • 17� LLOYD HBBBS 0 .RESOLUTION NO. k9- ii=i9CR ; "- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY, AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED SAN BERNARDINO ROAD RECONSTRUCTION AND IMPROVEMENT WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available imput concerning the proposed San Bernardino Road Reconstruction and Improvement; and WHEREAS, an Environmental Initial Study and Assessment has been prepared pursuant to the California Environmental quality Act, as amended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The Environmental Initial Study and Assessment for the Reconstruction and Improvement for San Bernardino Road is hereby approved for issuance of a Negative Declaration. SECTION 2: The City Clerk is directed to file a Notice of Determination pursuant to the California Environmental quality Act. • PASSED, APPROVED, and ADOPTED this 11th day of October 1984 AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, City Clerk jaa Jon 0. Mikels, Mayor %1 E 9 CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: October 17, 1984• CCCAAIOV, iZ_ Z 19" TO: City Council and City Manager FROM: Lloyd S. Hobbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorization to Invite Bids for the Reconstruction of Hellman Avenue from 6th Street to 659 feet north The subject project plans and specifications have been completed by Staff and approved by the City Engineer. The project consists of the removal of the failed concrete street and installation of 12 inches of A.C. pavement. The Engineer's Estimate is $82,000.00. The above project has been previously approved for funding utilizing the Gas Tax and Systems Oevelooment funds. RECOMENDATION Staff recommends that the City Council authorize the City Clerk to advertise "Notice Inviting Bids" for the Reconstruction of Hellman Avenue from 6th Street to 659 feet north, approve the funding source, Gas Tax, and approve the design, plans and specifications for the above project. Respectfully submitted, :MP:jaa 17-- • U \J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Monte Prescher, Public Works Engineer � o��cw.uotc t y �T > IiP _ 12 j 19 -7 SUBJECT: Authorization to Invite Bids for the Reconstruction and Improvement of San Bernardino Road from 975 feet east of Vineyard Avenue to Archibald Avenue and the Reconstruction of Church Street from Hellman Avenue to Archibald Avenue The subject project plans and specifications have now been completed by G.P.S., Consulting Civil Engineers (San Bernardino Road) and Linville - Sanderson & Associates, Civil Engineers (Church Street), reviewed by Staff and approved by the City Engineer. San Bernardino Road generally consists of the reconstruction of failed curb & gutter and sidewalks and failed pavement areas, the elimination of the cross gutters (dips) at Lion and Sauterne, the installation of a nuisance drain from Sauterne to Hellman, the installation of new curb & gutter west of Archibald and A.C. overlay of the entire project. The Engineer's Estimate is 5296,000.00. Church Street generally consists of the reconstruction of failed pavement areas, "the installation of sidewalk adjacent to the junior high school and the A.C. overlay of the entire project. The Engineer's Estimate is $75,000.00. The proposed projects have been previously approved for funding utilizing Gas Tax, Article 8, SS 325 funds. continued..... 73 CITY COUNCIL STAFF REPORT Authorization of Notice Inviting Bids October 17, 1984 Page 2 RECOMENOATION Staff recommends that the City Council authorize the City Clerk to advertise "Notice Inviting Bids" for the Reconstruction and Improvement of San Bernardino Road from 975 feet east of Vineyard Avenue to Archibald Avenue and the Reconstruction of Church Street from Hellman Avenue to Archibald Avenue contingent upon the approval of the Negative Declaration for the Reconstruction and Improvement of San Bernardino Road being considered by Council concurrent with this recommendation. Also recommended is the approval of the funding source, SB 325, and approval of the design, plans and specifications for the above project. Respectfully submitted, LBH:NP:jaa 7y • • 11 i • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave Leonard, Maintenance Superintendent SUBJECT: Street Sweeper Acquisition G�G1,tlp1, iz The 1984 -85 budget provides funding for purchase of a new street sweeper. For the last three years, the Public Works Section has had the opportunity to evaluate various street sweepers manufactured such as the FMC Model 12, Elgin Roadrunner and the Mobil 2TE3. The Mobil was found to be the most effective under our City's extreme conditions. To further confirm this evaluation, the Mobil sweeper is the number one choice for use by private contractors and the State of California. Their selection of Mobil sweepers has been based on the machines overall performance, operation and cost to maintain. The only vendor providing Mobil sweepers in California is Nixon -Egli Company with offices in Santa Fe Springs and Hayward California. As sole source vendor, there is no realistic way of receiving competitive bids. The City of Azusa recently solicited bids for specifications constructed around the Mobil Model 2TE3. Two bids were received, one for the Mobil, the other by FMC for a Model 4000. The FMC machine has been on the market for less than one year vs. twenty one years for the Mobil. This point is noted due to the fact Rancho Cucamonga has a very limited sweeping program and selection of a machine should be based on a time proved track record. Additionally, the FMC machine was $1027.73 dollars higher than the Mobil. Nixon -Egli has agreed to sell the same model Mobil to the City based on Azusa, June, 1984 bid price of $80,360.32 including sales tax. (See atatched specifications & Azusa bid document.) RECOMMENDATION: Based on the above, it is recommended that Council authorize the Finance Director to purchase a Mobil Model 2TE3 street sweeper from Nixon -Egli Company, 12030 Clark Street, Santa Fe Springs, CA 90670 for a total cost of $80,306.00. 4Re,ectfully su mil d, INEER LBH:OL:BC 7S PURCHASE ORDER - - NO 18552 RENDERITEMIZEDDUPLICATEINVOICEFORTHISONEORDERSEPARATELYTO CITY Of USA A" Smd Must Be Acc ,ed By P S hp. Thu Number Must Appear On l[I w All Pacb¢s antl Lo„ewondence. 213 E. Foothill Boulevard a P.O. BOx466i a Azusa, California 91702 ' Phone (213) 334.5125 Eat. 256 Dam: 7 -29 -89 T0: 809 N. ANGELENO, CA 91702 Re0 SHIP AZUSA, PW Dept. PW RECEIVED JUL 2 5 1984 FUND TO NIXON -ELGI EQUIPMENT CO. Bid NO. 12030 Clark St. Oe NO. rrrns n+, Santa Fe Springs, CA 90670 Del. F.O.B. NON CONFIRMING Sublect 4o alnerm: and cood -uons hereon, please enter our order a, fo0om ACCOUNT GUAM "TV DESCRIPTION UNIT PRICE UNIT AMOUNT 5.7600 693 1 ea MOBIL SWEEPER Model $2TE3 $80,30 Council approval 6 -4 -84 IMPORTANT INSTRUCTIONS: 1, II Pr¢b of nerds herein ordered are higher than spencilled. do not deP. Adnae ys. 2. If delivery cMrpt W inside as specified above. Please advise Oveadiwiti. Reeemng how.8 A.M. m 12 P.M. — t P,M. 114 P.M. Itlosed Sat.A Helvetii NOTE: 4. Tumpormbon dbrge, mmt M p_eluldandrhown d- .rice se vanapmmon ehargN- 8. State S.I. Tits muR tto.h red,,epanulY. 9. Immee mu,, b- Itamrted, in matters 11-41-9 71j guano N, Prise Md An.ht are eKh'taro. VFMRI" M1IMo INVOICES IN CONNECTION WITH TH ORDER WILL NOT BE HONORED UNLESS A SIGNATURE APPEARS . BELOW. Au4hmuad Si"Wra Conrtruct,on Morhrnery September 17, 1984 a1O91N- 937.1.1 130lll1101tt 3N'1' Aral ii!* OF SOUTHERN CALIFORNIA, INC. 12030 Clark Street, Santa Fe Springs, Calif. 90670 Area Code 213 9446061 City of Rancho Cucamonga Mr. Dave Leonard Maintenance Superintendent 9320 Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Leonard: It is my understanding that the City of Rancho Cucamonga is contemplating the purchase of a sweeper. This being • the case, we have a proposal that would be very advantageous to the City. Recently our company received a purchase order from the City of Azusa for a Mobil Sweeper, Model 2TE3. Our proposal is that we are prepared to offer the City of Rancho Cucamonga the same sweeper at the same price given to the City of Azusa. You will find a copy of the purchase order attached from the City of Azusa. We appreciate the opportunity of quoting. If you have anyyq estions, please contact me. S'4tce,lY, Ran DesJarden RD:sw • 77 �' is r. Conrtruct,on Morhrnery September 17, 1984 a1O91N- 937.1.1 130lll1101tt 3N'1' Aral ii!* OF SOUTHERN CALIFORNIA, INC. 12030 Clark Street, Santa Fe Springs, Calif. 90670 Area Code 213 9446061 City of Rancho Cucamonga Mr. Dave Leonard Maintenance Superintendent 9320 Baseline Road P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Mr. Leonard: It is my understanding that the City of Rancho Cucamonga is contemplating the purchase of a sweeper. This being • the case, we have a proposal that would be very advantageous to the City. Recently our company received a purchase order from the City of Azusa for a Mobil Sweeper, Model 2TE3. Our proposal is that we are prepared to offer the City of Rancho Cucamonga the same sweeper at the same price given to the City of Azusa. You will find a copy of the purchase order attached from the City of Azusa. We appreciate the opportunity of quoting. If you have anyyq estions, please contact me. S'4tce,lY, Ran DesJarden RD:sw • 77 • SWEEPER BID RESULTS CITY OF AZUSA • 0 Nixon -Egli Equipment Company 2TE3 Diesel Selling Price: $75,405.00 Sales Tax: 4,901.32 FMC Corporation Vanguard 4000 Selling Price: $76,370.00 Sales Tax: 4,964.05 3 BI , ST4—.0-5 7A CITY OF AZUSA • SPECIFICATIONS FOR STREET SWEEPER MODEL 2TE3 NOTICE: Bidder shall complete right hand column, indicating specific size and /or make and model of all components when not exactly as specified. State "As specified" if item is exactly as shown in left column. Return this questionnaire to the City of Azusa. GENERAL 4 This sweeper covered by these specifi- c cations shall be complete with all necessary equipment and accessories. This sweeper shall conform in all re- spects to the State of California Vehicle Code, Cal /OSHA and Federal Requirements. This sweeper shall meet a noise emis- sion level applicable to all Federal and Cal /OSHA requirements for eight (8) hours without ear protection. All separate units shall be installed and connected for operation. Only new models in current production will be considered. I Bidders shall furnish complete informa- tion on equipment they propose to furnish. Sweeper to be equipped with two (2) diesel engines. Brooms and elevator to be driven by auxiliary engine. WEIGHT AND DIMENSIONS: Weights, empty with two gutter brooms not less than 14000 lbs. Width of sweeping path with two gutter brooms not less than 10 feet. Load distri- bution must be achieved without the use of counter weights. 7Q AS SPECIFIED AS SPECIFIED • • wF.iGHT AND DIMENSIONS, (con't) Bidder's specifications Front full width 68 inch track, heavy duty 1" beam truck type, not less than AS SPECIFIED . 7,000 pounds load rating capacity. Machine shall be within legal weight limits at all times (loaded or unloaded) axle loading shall not exceed manu- facturer's rated capacity. Rear axle 80 inch heavy duty 17,000 pounds class, shall be within legal AS SPECIFIED weight limits at all times (loaded or unloaded). Two speed rear axle to provide travel speeds to 50 M.P.H. and sweeping speeds of 2 to 10 M.P.H. PROPULSION ENGINE: Diesel, 8 cylinder, minimum 500 CID, 165 CHP @3,000 RPM Gross Torque 350 ft. AS SPECIFIED lbs. @1,200 RPM, replaceable full flow oil filter, heavy duty dry type Donaldson Cyclopac air cleaner, heavy duty cool- ing system, and shall have all standard and specified components. AUXILIARY ENGINE: AS SPECIFIED Diesel, 4 cylinder, over head valve, • water cooled minimum 219 CID, 60 HP @3,000 RPM with 107 ft lbs torque @ 3,000 RPM, full flow oil filters heavy duty dry type air cleaner and muffler. Must supply hydraulic power to drive brooms and elevator independent of sweeper propulsion speed. FUEL SYSTEMS: Separate fuel tanks shall be adequate AS SPECIFIED to operate both engines for minimum of eight (8) hours. Filler caps to be out- ', side of cab or body. The auxiliary engine gas tank will have a capacity of 20 gal. minimum. ELECTRICAL SYSTEM: Battery shall be heavy duty 12 volt, 70 ampere hours. Alternator 90 amp. with AS SPECIFIED double belt drive. charge at 650 RPM, not less than 20 amps. All electrical circuits pertaining to sweeper and sweeper r1 13 equipment to be on Separate fused circuit from carrier truck system. All wiring and fuses to be adequate for purpose inten- ded. All wire circuits to rear of sweeper to run through metal conduits or similar device for protection against short circuit: of damage. TRANSMISSION: Automatic, Allison AT 545, Four speed, with transmission cooler Hayder or equal. STEERING Unit shall be provided with power steering effective at all engine speeds. BRAKES Service: Hydraulic, equipped with a hydrauTic- powered booster, a reserve system, with an electric motorized pump, and a warning system. Master Cylinder: Shall be a dual master cylindeF r a split braking system. Brakes shall be protected against entrance of water and dirt. All hydraulic lines shall be routed along the top of chassis frame channel, for protection against corrosion, and for visual inspection. Parkin : Shall be independently operated wit rscheln" lever. Shall be drive line type parking brake. Shall be capable of holdifig a fully loaded sweeper on a 15 percent grade. WHEELS AND TIRES: Heavy duty nylon 10 ply rated truck tires with heavy duty tubes and with demountable rims; 7:50 X 20 for front tires, and 10:00 X 20 for rear tires. 14 ply rim adequate to sustain all loads that will be carried by sweeper rear axle. CHASSIS: Complete and wholly fabricated and assem- bled for street sweepers a safety factor Of four. Standard or modified truck chassis not acceptable. Overall length Of sweeper not to exceed 21 feet maximum overhang behind centerline of rear axle not to exceed 92 inches. 3 AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED • • CAB I Bidder's Specifications i • Enclosed steel cab, factory engineered as complete sweeper cab designed as to provide unobstructed and positive rear view visibility. Tinted safety glass throughout. Full doors with slide type window on left side. Left hand door to latch in a full open, position not to obstruct side rear view mirrors and allow sweeper to be operated with door open. Center mounted hydraulic controls. Two seats - driver's to be one "BOSTROM" T- VIKING or equal at load side. Standard seat left hand side. Two electrically driven, 2 -speed windshield wipers. Fresh air heater with defroster. Dash mounted air conditioner ARA Jupiter II or equal. Dash mounted AM & FM radio. Two (2) exterior rear view mirrors 6" X 16" one on each side of cab with 3 -point mounting. One interior rear view mirror. Two (2) sun visors. Ash tray and cigar lighter. Retractable arm rests next to door openings. A 12 inch convex mirror to be mounted on driver side. Maximum cab height (without revolving light) 7 ft. 6 in. DRIVE ENGINE Speedometer, odometer, gasoline gauge, water temperature gauge, ammeter, oil pressure gauge, and hour meter. 4 ri= AS SPECIFIED AS SPECIFIED AS SPECIFIED AUXILIARY ENGINE Tachometer, water temperature gauge, oil pressure gauge, ammeter and hour meter. ALL INSTRUMENTS TO BE ILLUMINATED AND MOUNTED FORWARD OF OPERATOR AND VISIBLE FROM ANY DRIVING POSITION. WARNING SERVICES: Dash mounted light to in icate ow oil pressure and high water temperature for drive engine and auxiliary engine. DIRT HOPPER Shall be self - loading through an elevator system of a capacity of not less than three cubic yards. Located between front and rear axles for equal weight distribution when loaded. Gravity dump through bottom of hopper hydraulically operated from cab. PICK -UP BROOM Provide a steel core spiral type for a cable wound broom. Hydraulic driven. Caster wheels not acceptable. Core will be stub Shaft type with spare set of shaft. ELEVATOR AND CONVEYOR the conveyor or elevator shall be equipped with a relief valve and shall be hydraulic driven. Conveyor steel chains with a minimum of 10,000 sweeping miles or two years, which- ever occurs first, with each replace- ment chain carrying a life guarantee for the life of the sweeper. A guarantee, so stating, in the manufacturer's published literature or notorized certification by the bidding dealer shall accompany the bid. Bolt in liner plate for elevator using A. R. Steel. A dash mounted light to indicate elevator Jamming in lieu of buzzer. j3 Bidder's Specificat AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED L J • • GL' R R - -_- Shall be at least 42" in diameter and reversible in direction of rotation; j and shall be guaranteed for life of i sweeper from damage due to impact 1 while sweeping. Hydraulic driven, j visible to operator without use of mirrors. Brooms of the (4) segment type Gutter brooms to be power retractable for legal highway travel. DRAG SHOES Full floating suspension. WATER SPRAY SYSTEM Pump - Centrifical or positive displacement type. Tank capacity not less the 200 gallons. Control valve located next to operator. • Tank to be filled by hydrant pressure through 2 1/2" male fire hose connection. Sweeper to be supplied with one (1) fifteen foot (15') fire hose with 2 1/2" female hydrant couplings. Spray, brass nozzles adjustable for direction, mounted forwaId cross sweeping path. LIGHTS All wiring, lights, and reflectors to conform to California State Vehicle Code. One cab dome light. Four (4) flood lights, one (1) for gutter broom and one (1) for pick -up broom each side. Two sealed beam headlights. Two (2) stop and tail lights not less than 6" diameter. Four (4) clearance lights. Front and rear directional lights. One (1) rotary warning light with limb guards to be mounted on top of sweeper. Left side to be "Grote. SB 32" amber, or equal. Limb guard to provide clearance for bulb change. 6 AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED Substantial front bumper to be provided. Bumper to extend not less than seven (7) inches out from front grill to provide step for operator to service engine, unless hood hinges at front. Bumper to be free of counter weights. Back -up warning device. "Grote 73010," drive line mounted or equal. One (1) standard set of tools necessary for standard equipment adjustments. One (1) parts book and one(1) maintenance manual for all components. Two (2) exterior jack pads, easily accessible and clearly marked for removal of each rear wheel. Warning devices, one set (3 each) triangle reflectors as required by California State Vehicle Code, complete with case and mounted rear fenders to be provided. One (1) hydraulic jack, 2 stage capable of lifting sweeper to change flat tire when vehicle is loaded. 4.1311K Shall be available within a 50 mile radius , in a sufficient quantity and with proper service to the satisfaction of the Public Works Director. PAINT All painted parts of this sweeper shall be thoroughly cleaned of all weld spatter, slag, scale and other foreign substances prior to primering. One primer coat, one finish coat of paint. DELIVERY The sweeper will be delivered ready for use. All components serviced and checked. Delivery does not constitute acceptance of sweeper. Deliver to: 7 2 r AS SPECIFIED AS SPECIFIED AS SPECIFIED AS SPECIFIED • CJ • ILJ SPECIAL INSTRUCTIONS Dealer to furnish dealer's report of AS SPECIFIED sale in name of: Dealer to furnish two copies of smog certificate and certified weight certificate. a 2e ft • 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Revision to Drainage Fee Reimbursement Agreement with Zwicker and Wenger for Parcel Map 6658 In conjunction with Parcel Map 6658 and development of the Pic -N -Save Distribution Center, a master plan storm drain was constructed in Fourth Street which exceeded the fee obligations of the site development. A reimbursement agreement was entered into to allow direct reimbursement of fees on the remaining developable property at time of development. Reimbursements were to be paid to the original property owners Zwicker and Wenger. These two individuals are currently developing an additional portion of the property and have requested that in -lieu of reimbursement they would prefer credit of fees due on the new construction. The proposed agreement allows the requested credit. The only effect of this revision is to eliminate time delays and administrative costs in refunding the money. RECOMMENDATION Staff recommends approval of the Modification of Storm Drain Reimbursement Agreement for Parcel Map 6658. Attachment y su d' E i MODIFICATION OF STORM DRAIN REIMBURSEMENT AGREEMENT PARCEL MAP 6658 City of Rancho Cucamonga (the "City ") and Ralph D. Wenger and Theodore B. Zwicker (the "Developers ") hereby modify that certain Storm Drain Reimbursement Agreement (the "Agreement ") of April 20, 1983, concerning Parcel Mao 6658, pursuant to Section 5 of the Agreement, as follows: 1. The City and the Developers have agreed that the Developers' cost of constructing the storm drain facilities, pursuant to Section 1 of the Agreement, is 240,671.03. 2. Pursuant to Sections 2 and 3.1 of the Agree- ment, the City has credited $112,875 to the drainage fees applicable to the West Coast parcel (as referenced in the Agreement). 3. The City hereby agrees that $96,394.05 is presently reimburseable to the Developers pursuant to Section 3.2 of the Agreement. The City and the Developers hereby agree that the City will not reimburse such amounts to the • Developers but will instead credit $96,394.05 towards drain- age fees applicable to Parcel 1 of Parcel Map No. 7951 (a portion of Parcel Map No. 6658) filed with the City. Such amount will be in full satisfaction of all drainage fees presently owing on the development of Parcel 1 of Parcel :lap No. 7951. 4. The balance of drainage fees reimburseable to the Developers pursuant to the Agreement is $31,451.98. The City agrees that it will pay the Developers, upon its receipt, the full amount of drainage fees collected by the City in connection with the development of any property within Parcel Map No. 6658, until the Developers have re- ceived $31,451.98, the balance owing. 1 i City of Rancho Cucamonga Dated: By: a , Lg � Ralph D. Wengee �- � Theodore B. Zwicker 2 7 S-0R6! GRAIN PED15CRSEAE,'I7 AGREB71E.17 PARCEL t!AP 6653 • City of-Rancho Cucamonga ( "the City ") and Ralph D. Wenger and 14.eodore B. 24cker ( "the Developers ") agree as follows: 1. REC.IMUS This a, t is made with reference to the following facts: 1.1 The Procerty 13"veloPers aaguired approximately 266 acres Of nmirproved property ( "the Property") fmn Dow Chadcal Capany in the City. Subsequent to such acquisition Developers sold 90.26 aces of the oroperby to West Coast Liquidators, 7rt. • ClIk'st Coast ") and is presently the owner of the balance of the property in the amount of 173.70 acres of land within Parcel Map Ho. 6658 filed with the City, 1.2 Drainace Fee In order to Plan and develop drainage facilities for the City, the City has determined that as a condition to develop Property within certain areas of the City, a drainage fee in an mckmt established fm time to tine by the City Council of the City will be required to be paid for each acre to be developed. Under its agrearent with ;,Test Coast, Developers agreed to pay a drainage fee in an amount not to exceed $112,825 as a credit against the drainage fee due as a result of the development of the 4kst Coast parcel. • i9 0 1.3 Stc^ Cram Facilities In connection with the develom t of the pro- perty, Developers entered into an agreerent with the City to constr.:ct a portion of the storm drain facilities within 4th Street ( "the storm drain facilities ") as a part of the raster plan of sto_n drains for the city. 1.4 Present Transact_icn In consideration of Developers constructing the storm drain facilities, the City has agreed that Developers shall receive credit against the drainage fee of an amount equal to Developers' cost of constructing the storm drain facilities. 2. CO?tSTRC:ICN OF ST`RM CRkr! Developers agree to Cause to be constructed the storm drain facilities consistent with the Master Plan of Storm Drains for the City. Prior to awarding the contract for the construction of the storm drain facilities, Developers will obtain at least three (3) bids from duly qualified contractors and submit such bids to the city for its review. The mount to be reimbursed to the Developers shall be the amunt of the lowest responsible bidder plus the cost of engineering and other direct expenses. Upon arpletion of the storm drain facilities and acceptance by the city, the Developers will 0 -2 a� 0 sub-,it to the City evidence of pay:;ent of its actual costs of co:str =.ion of tre stc-i drain facilities plus engineering and other direct expenses which aggregate amount shall be subject to reirburswent order the provisions of paragraph 3.2 below less only the sure of $112,825 credited to the %bst Coast parcel under paragraph 3.1 below. 3. RE'U ^D 3.1 Credit City agrees that an amount not to exceed • $112,625 of the storm drain oo5ts will be credited against the drainage fee applicable to the West Coast parcel. 3.2 Peinburserent City agrees that as the balance of the property is developed, it will promptly pay Developers upon receipt the full amount of the drainage fees collected by it until such time as Developers have been reimbursed the full cost of the storm, drain facilities as determined under paragraph 2 above less only the annum credited to the Fkst Cost parcel under the provisions of 3.1 above. • -3- 9i n u i 4. % C9LIG;TICN Developers agree that the City shall have nn cbligaticn to rake any refunds to it unless and mtil porticrs Of the prOPorty are developed and tie City rsives a drainace fee in connection with such developnent. 5. E1:L='i' This agree. t constitutes the entire iaderstandirg and agrec:.rnt between the parties and Cannot be altered or rro Pied except by an agree:ent in writing signed by the City and Developers. 6. CAPE :, -y*s • Captions are for ease of reference and shall have w effect upon the cc stnr ^±on o`_ th-is agreement or of any Of the ter s or provisions thereof. Dated: 1983. 7 Palpn D. Pk�nger Theodore S. Zwick,, CITY OFF RAEIQ((tJJ011(a�.'DCAI4oNrA • Sy: Clc,Zi! -4- 91- • rnmv no n SUBJECT: FISCAL YEAR 1984 -85 BLOCK GRANT ADMINISTRATION CONTRACT In the past year, Donald A. Cotton Associates (now Cotton /Be l and /Associates) has contracted with the City of Rancho Cucamonga to provide administrative services for the Community Development Block Grant Program.These services have been fully funded by HUD. This year, as required of Block Grant recipients by federal law, Staff initiated the annual consultant selection process and requested proposals, conducted interviews, and reviewed references of a number of consulting firms. The firm of Cotton /Seland /Associates was again selected as clearly the best candidate to administer the Block Grant Program. This is based on past experience, ability, and contract cost, and particularly due to their intimate knowledge of our programs. When the Block Grant funds for 1984 -85 were allocated by the Council to the seven selected programs, $71,050 was allocated to Local Cost /Program Implementation which funded planning for future projects, administration costs and programs management costs. The consultant's fee is well within the afforded CDBG budget. It consists of $12,600 for administration and $6,500 for a survey which is necessary to fund future projects. (See attached contract and work schedule.) Both of these components are fully funded by HUD. Cotton /Beland/ Associates proposes to provide a variety of services throughout the year, including preparation of the 1985 -1986 Block Grant application, streamlining of management and accounting procedures, environmental review, and preparation of the Preliminary and Final Statements of Community Objectives and grant application. In addition, CBA will conduct a community survey in Old Alta Lama and Southwest Cucamonga to determine areawide benefit eligibility required by HUD for future projects. a-3 STAFF REPORT N11_. _ DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner SUBJECT: FISCAL YEAR 1984 -85 BLOCK GRANT ADMINISTRATION CONTRACT In the past year, Donald A. Cotton Associates (now Cotton /Be l and /Associates) has contracted with the City of Rancho Cucamonga to provide administrative services for the Community Development Block Grant Program.These services have been fully funded by HUD. This year, as required of Block Grant recipients by federal law, Staff initiated the annual consultant selection process and requested proposals, conducted interviews, and reviewed references of a number of consulting firms. The firm of Cotton /Seland /Associates was again selected as clearly the best candidate to administer the Block Grant Program. This is based on past experience, ability, and contract cost, and particularly due to their intimate knowledge of our programs. When the Block Grant funds for 1984 -85 were allocated by the Council to the seven selected programs, $71,050 was allocated to Local Cost /Program Implementation which funded planning for future projects, administration costs and programs management costs. The consultant's fee is well within the afforded CDBG budget. It consists of $12,600 for administration and $6,500 for a survey which is necessary to fund future projects. (See attached contract and work schedule.) Both of these components are fully funded by HUD. Cotton /Beland/ Associates proposes to provide a variety of services throughout the year, including preparation of the 1985 -1986 Block Grant application, streamlining of management and accounting procedures, environmental review, and preparation of the Preliminary and Final Statements of Community Objectives and grant application. In addition, CBA will conduct a community survey in Old Alta Lama and Southwest Cucamonga to determine areawide benefit eligibility required by HUD for future projects. a-3 Staff Report October 17, 1984 Page 82 RECOMMENDATION: It is recommended that the City Council direct Staff to retain the services of Cotton /Beland /Associates for the purpose of administering the City's Fiscal Year 1984 -1985 Block Grant Program and authorize the approval of the attached contract. Resp ctfully submitted, IL R1ck om ,gify Planner ' Attachments LAW:cv 9y • • 11 • PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A COMMUNITY DEVELOPMENT PLAN, COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, AND RELAIED TECHNICAL AND ENVIRONMENTAL DOCUMENTATION AND ADMINISTRATION OF THE 1984 -85 GRANT 1. IDENTIFICATION This Agreement is effective as of the 18th day of October, 1984, by and between the City of Rancho Cucamonga (hereinafter collectively referred to as "CITY" and COTTON /BELAND /ASSOCIATES, INC. (hereinafter referred to as "CBA "). 2. RECITALS WHEREAS, CITY desires to retain CBA to perform professional planning services related to the administration of the 1984 -85 grant and preparation of a Community Development Plan, Community Development Block Grant Application • for 1985 -88 and the Environmental Review Record for each project; and WHEREAS, CBA is well qualified by reason of education and experience to perform such services; and WHEREAS, CBA is willing to render such professional services as hereinafter defined. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY hereby engages CRA and CBA agrees to perform the following services. L 3. AGREEMENTS 3.1 Definitions; The following definitions shall apply to the following terms, except where the terms of this Agreement otherwise require: 3.1.1 "Project ": The planning services or any portion thereof described in the attached Scope of Services and labeled Exhibit I. 3.1.2 "Services ": Such professional services as are necessary to be performed by CBA in order to complete the plans and studies described in the aforesaid Exhibit I. y 3.2 Agreements of CBA: CBA agrees as follows: • 3.2.1 That CBA will prepare a Community Development Plan, Community Development Block Grant Application, and associated technical and environmental documentation as required by the Housing and Community Development Act of 1974 and the most recent HUD guidelines. CBA will prepare the plan, grant application and documentation according to the attached Work Program and consistent with Federal, State and City guidelines for such grant programs. 3.2.2 That CBA will prepare all monitoring and performance reports required by HUD in a timely fashion and assist CITY departments to maintain their records in compliance with federal regulations. 3.2.3 That CBA will supply the agreed upon work ,rc�jcts and services in accordance with the schedule attached hereto as Exhibit II. 3.2.4 That CBA will, at CBA'S sole cost and expense, secure such other persons as may, in the opinion of CBA, be needed to comply with the terms of the Agreement and, if such other persons are retained by CBA, such persons shall be fully qualified to perform such services. Laura Hudson will be the • project manager and liaison with the CITY. Substitution of another project manager shall require written approval from the CITY. 3.2.5 Invoices for services shall be submitted by CBA in accord with the payment schedule contained in Section 3.3. 3.3 Agreements of CITY: CITY agrees as follows: 3.3.1 a) to pay CBA the sum of $19,100.00 for the performance of the services identified in the Work Program. Payment to CBA is to be made according to the following schedule. b) CITY shall make progress payments to CBA in accordance with the invoice submitted by CBA on a monthly basis, and such invoices shall be paid within 30 days. Invoices shall specify the work item completed, the fee for that item, the allowable total billing, the total invoiced to date, and the amount currrently being invoiced. c) Upon submission of the final document, any uninvoiced portion of the contract amount shall be invoiced. Invoices submitted by CBA in accord with this schedule shall be paid within 30 days of the invoice date. • 0 11 3.3.2 Additional Services: Payments for any services requested by the CITY during the study and not included in the CBA Work Program shall be paid on a reimbursable basis in accord with the CBA Standard Fee Schedule in effect at the time the services are provided. These costs will be invoiced as they occur and will be paid by the CITY within 30 days. 3.3.3 Provisions to be made by CITY to CBA: City shall provide or pay for the acquisition of all census information, studies, plans, and maps necessary to the timely completion of this project. 4. OWNERSHIP OF DOCUMENTS All documents, data, studies, surveys, drawings, maps, models, photo- graphs and reports prepared by CBA under this Agreement shall be considered the property of CITY upon payment for services performed by CBA. Said documents and materials shall be delivered to CITY by CBA at the completion of the project; however, CBA may take and retain such copies of said documents and materials as desired. 5. TER.NINATION This Agreement may be terminated for just cause (e.g., if the project is abandoned or indefinitely postponed by the City or if CBA's performance is not satisfactory in the opinion of the City) by either party upon the giving of a written "Notice of Termination" to the other party at least fifteen (15) days prior to the termination date specified in said notice. In the event this Agreement is terminated, CBA shall be paid the full value of its service, based upon the percentage of completion of his work on the date of termination. b. NOTICES Any and all notices, demands, invoices, and written communications between the parties by mail shall be addressed to the parties as follows: Otto Kroutil, Senior Planner Planning Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Donald A. Cotton, President Cotton /Beland /Associates,elnc. 1028 North Lake Avenue, Ste, 207 Pasadena, California 91104 Any such notices, demands, invoices and written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. 7. ENTIRE AGREEMENT • This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations, by any party which are not embodied herein and that no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties. 8. SAVINGS CLAUSE If any provision of this Agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 9. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. ATTORNEY'S FEES • In the event that legal action is necessary to enforce the provisions of the Agreement, the parties agree that the prevailing party in said legal action shall be entitled to recover attorney's fees from the opposing party in any amount determined by the Court to be reasonable. 11. COUNTERPART EXECUTION This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counterparts, together shall constitute one and the same agreement. CITY OF RANCHO CUCAMONGA: COA: Signature Signature U, Name Lauren Wasserman Name Donald A. Cotton Title City Manager Title President ^ b Date Date �>L� /4AV • • EXHIBIT I SCOPE OF SERVICES TASK I: HOUSING ASSISTANCE PLAN This year the City must prepare an annual update to the Housing Assistance Plan (HAP) which estimates the housing needs of City residents over the next year and establishes targets for meeting these needs. Since this is the last year of the three year plan, program and adjustments may be necessary to reach the goals set in the 1982 -85 HAP. CBA will prepare the Housing Assistance Plan to comply with federal requirements based on information derived from the 1980 Census and the City's recently revised Housing Element as well as information from San Bernardino County. CBA will work closely with City staff to ensure that HAP is compatible with other City plans (such as the Housing Element). CBA will also coordinate with H.U.D. to ensure that the HAP complies with all federal regulations. CBA will prepare transmittals to City Council and to H.U.D. and respond to any comments on questions which they may have. TASK 2: COMMUNITY SURVEY It is our understanding that the City would like to fund certain capital • improvement projects (street improvements, park improvements) in areas which do not qualify as eligible low and moderate income neighborhoods based on available census data. The City's feeling is that the census data do not reflect the actual situation, due to the way that the data are aggregated. CBA has explored alternative data sources and ways of documenting eligibility. However, there is no way to expend funds in Alta Loma or Southwest Cucamonga until all the needs of North Town are met without establishing eligibility separately. In addition H.U.D. has recently expressed concern that the North Town area may not qualify under federal regulations. CBA is available to conduct a survey of households in these areas to determine program eligibility. A mail survey with telephone follow -up would be most cost effective. CBA will develop the survey instrument and explanatory cover letter for mail out on City stationary. We will obtain H.U.D. signoff on the survey before fielding it. We will follow up by telephone or in person to assure an adequate response rate and tabulate the results. We will then prepare a report to City Council and to N.U.D. on the results and their implications for future years' CDBG programs. Alternatively, a local service club might be willing to perform the survey. In that case, CBA would be available to prepare the survey instrument, train the survey workers, and analyze the results, and develop publicity materials for $2,850.00. The cost of such a survey has been included in our proposed fee. 9� TASK 3: 1985-86 CDBG APPLICATION • CBA will assist the City in the evaluation of projects for funding in Fiscal Year 1985 -86. This will include preparation of letters and forms to solicit program suggestions from other City agencies, community groups and non - profit organizations. CBA will meet with City staff to establish a priority ranking. Evaluation of proposed programs will be based on the legislative intent and eligibility criteria contained in the law, and the goals and priorities of the Community Development Plan. The product for this task will be a completed set of project description forms with supporting data and a recommended priority ranking for funding. An initial review of environmental impacts will be conducted at this point in order to permit coordination of public notices on funding priorities and environmental review. TASK 4: PRELIMINARY STATEMENT OF COMMUNITY OBJECTIVES Based on the Needs Assessment ranking and the Community Development Plan, CBA will prepare a preliminary Statement of Community Objectives. A draft of the preliminary Statement of Community Objectives will be reviewed with City staff and their comments incorporated before it is released for review by the public, interested community organizations, and the City Council. CBA will prepare letters of transmittal to these groups. At this point DACA will also prepare a draft of the Grant Application package for informal review with N.U.D. and City staff. CBA will be available to attend community group . meetings to discuss and receive input about the CDBG program, the preliminary Statement of Community Objectives, and projects proposed for funding. TASK 5: FINAL STATEMENT OF COMUNITY OBJECTIVES AND GRANT APPLICATION In cooperation with City staff, CBA will prepare the necessary legal notices Of the public hearing which is required before selecting projects for CDBG funding. CBA will ensure that the notices are published in Spanish and in English at least ten days and preferably two weeks before the hearing. CBA will prepare flyers announcing the hearing for posting throughout the City and mailing to interested community groups early enough to ensure an adequate response. CBA will attend the public hearing to answer questions and receive comments and suggestions for changes. Based on public input and the direction of City Council, CBA will finalize the Statement of Community Objectives and Grant Application package. If necessary, changes will be made to respond to informal comments from H.U.D. Copies of this package will be made available for public review prior to submittal to H.U.D. CBA will assemble the final Grant Application package for submittal to H.U.D. from the products of the previous tasks. The application will include: Cover letter of transmittal to H.U.D. Standard Federal Assistance Form 424; • . Project Description Forms for each project; ° The Statement of Community Objectives; ° Copies of the public notices and certification that they were published; ° All required certifications and assurances; ° The Community Development Plan; and ° Standard H.U.D. Environmental Review Forms for each project. TASK 6: ENVIRONMENTAL REVIEW CBA will establish or update the Environmental Review Record for each project to comply with H.U.D. requirements. If necessary, CBA will recommend program changes or establish procedures for each program to comply with H.U.D. guidelines and federal law with respect to environmental protection. Environmental review will occur simultaneously with Tasks 5 and 6 and during the required 30 -day period for public review. Preliminary environmental assessment for each project may (but is not expected to) reveal the need for preparation of an Environmental Impact Statement for one or more projects. If so, CBA will define the major issues and scope of work and will be available to perform the work, if desired by the City. The cost of preparing an Environmental Impact Statement is not included in our proposed fee. • TASK 7; MANAGEMENT PROCEDURES AND ADMINISTRATION r1 L� CBA will meet with staff of City departments implementing CDBG funded projects at least once a month to ensure compliance with federal regulations and timely completion of the projects. CBA will also meet with County staff operating the City's rehabilitation program in order to monitor performance and develop means of improving participation. CBA will prepare the quarterly reports for the City which show funds encumbered and funds expended to date for each project. The reports must be submitted within ten working days of the end of each quarter. CBA will see that this requirement of the federal CDBG program is met. In addition, at this time CBA will prepare a brief report to City Council on the status of the CDBG program. As a result of our previous contract with the City to prepare the 1984 -85 grant application, CBA suggested certain procedural changes in the evaluation of units which are proposed for rehabilitation. During the coming year we will meet with City staff on a regular basis to determine the effectiveness of these procedures and to propose changes if necessary, observation of a full annual CDBG cycle may also suggest ways in which formalizing procedures would streamline and increase the effectiveness of other CDBG programs. TASK 8; GRANTEE PERFORMANCE REPORT (GPR) • CBA will assemble information on the accomplishments and expenditures during the 1984 -85 fiscal year. Programs will be evaluated in terms of the goals set by City Council and the benefit to low and moderate income households. CBA will prepare the C.P.A. in the format established by N.U.D. and respond to any questions or comments from the public or H.U.D. on the Report. CRA will also prepare a brief project status report for Council consideration in adopting the G.P.R. and prepare the necessary notices informing the public that the G.P.R. is available for review. PUBLIC MEETINGS /STAFF MEETINGS We have budgeted for CHA staff to attend four public meetings of three hours each during this contract. (One each for the Housing Assistance Plan, Preliminary Statement of Community Objectives, and final Grant Application, and one extra.) Attendance at additional public meetings will be billed separately at the hourly rate in effect at the time. In addition to these public meetings /hearings, we have assumed that DACA will meet on a monthly basis with those agencies or City Deparments carrying out CDBG- funded projects in order to monitor progress and assist in program implementation. • PRINTING The proposed budget includes the cost of the three screen check copies of each work product which will be provided to City staff for review before printing of any documents for public review. In addition, we have budgeted for the printing and binding of twenty copies of each of the Housing Assistance Plan, Preliminary Statement of Community Objectives, and Final Statement of Community Objectives. We will also provide the City with a camera -ready copy of each document. Additional printed copies will be billed separately. is /J 1 • PROPOSED BUDGET RANCHO CUCAMONGA TASK PROFESSIONAL HOURS COST 1. Housing Assistance Plan 40 1,000 2. Community Survey 60 6,500 3. 1985 -86 CDBG Programs 20 1,000 4. Preliminary Statement of Community Objectives 44 1,500 5. Final Statement and Grant Application 20 1,000 6. Environmental Review 20 1,000 7. Management Procedures 48 2,600 (includes quarterly reports) •S. Grantee Performance Report 40 1,500 SUBTOTAL 248 $16,100 • Graphics 1,100 Ward Processing 1,000 Printing 750 Miscellaneous (phone, postage, travel, etc.) 150 SUBTOTAL $ 3,000 GRAND TOTAL $19,100 /c EXHIBIT II • WORK SCHEDULE MONTH /DAY WORK PRODUCT October, 1984 19 Survey form to N.U.D. for review 22 Draft publicity for survey to City for review 31 Semi - annual labor compliance report due to H.U.D. November. 1984 1 -10 Publicize survey 2 Mail out questionnaire with cover letter 6 Tentative staff meeting 19 -30 Follow -up to complete survey 20 Tentative staff meeting 26 Draft letter to agencies soliciting . programs to City staff for review December, 1984 3 Mail out letter to interested groups soliciting project suggestions for 1985 -86 4 Tentative staff meeting 4 Analysis of survey results to City and N.U.D. for approval 10 -21 Contact agencies to assist in preparing project suggestions 18 Tentative staff meeting January, 1985 7 Draft quarterly contract activity report to City staff 8 Tentative staff meeting 10 Contract activity report due to N.U.D. 18 Last day for agencies to submit project suggestions to staff 22 Tentative staff meeting 29 -31 Staff meeting to set priorities to • recommend to Council 1 • February, 1985 5 Tentative staff meeting 8 Draft statement of Community Objectives to staff for review and notices to - newspaper 15 Preliminary Statement of Community Objectives available for public review 19 Tentative staff meeting and notices due to newspaper 27 -28 Notice of City Council hearing published March, 1985 5 Tentative staff meeting 13 City Council public hearing on Preliminary Statement and Grant Application 19 Tentative staff meeting 20 Final statement available 22 Draft semi- annual labor report to City staff for review 29 Semi - annual labor report to H.U.D. • April, 1985 2 Tentative staff meeting 5 Draft quarterly contract activity report to City 10 Quarterly report due to H.U.D. and Notice of public hearing due to - newspaper 16 Tentative staff meeting 18 Notice of public hearing published is May, 1985 I City Council considers Final Statement of Community Objectives and Grant Application Tentative staff meeting 21 Tentative staff meeting 31 Submit Final Statement and Grant Application to H.U.D. 2 �r June, 1985 • 4 Tentative staff meeting 18 Tentative staff meeting July, 1985 2 Tentative staff meeting 3 -5 Notice of Grantee Performance Report availability published 5 Draft Grantee Performance Report 16 Tentative staff meeting 17 City Council adopts G.P.R. 31 G.P.R. due to N.U.D. 11 /;o LJ • nr • w.n rrn n STAFF REPORT . - Igr, —III DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner SUBJECT: FISCAL YEAR 1984 -85 HOUSING ASSISTANCE PLAN ABSTRACT: Under the federal requirements for Block Grant recipients, the City of Rancho Cucamonga is required to submit a Housing Assistance Plan update for 1984 -85. Staff and the consultant, Cotton /Be l and /Associates, have prepared this year's Housing Assistance Plan which identifies annual housing assistance goals for the City. Staff recommends that the City Council approve the 1984 -85 Housing Assistance Plan. BACKGROUND: Recipients of Community Development Block Grant unds are required as a condition of the program to prepare and submit a three year Housing Assistance Plan for all programs or projects which meet the housing assistance needs of lower income residents. The 1982 -1985 Housing Assistance was adopted by the City Council in May 1982 and approved to HUD. In the second and third years of the Housing Assistance Plan, Part IV of the Plan must be updated and submitted to H.U.O. 1984 -85 is the third year in the 1982 -1985 Housing Assistance Plan and the attached Part IV of the Housing Assistance Plan represents the final increment of the 1982 -1985 plan. Federal regulations require that the HAP be submitted to HUD prior to October 31 of the program year. HOUSING ASSISTANCE PLAN CONTENT: The updated housing assistance goals list the programs or prof ects which will assist in meeting the housing needs of lower income residents. In Rancho Cucamonga, these programs include the Block Grant Rehabilitation Loan and Grant Programs, the Block Grant Emergency Repair Grants for Seniors, the multi - family revenue bonds for rental units, and the Mortgage Revenue Bonds program for first time home buyers. The HAP identifies the number of units targeted for ;�7 assistance and the characteristics of the household to be assisted. In 1984 -1985, the HAP targets a total of 90 units for assistance with another 160 units to be purchased by first time homebuyers under the Mortgage Revenue Bond Program. RECOMENDATION: It is recommended that the City Council approve the 9 - Housing Assistance Plan and direct Staff to submit the Housing Assistance Plan to the U.S. Department of Housing and Urban Development prior to October 31, 1984. Respectfully !02) tted, ck 6oF., 'City Planner tachment: HAP A:cav 2 0 .� • • 113 Ah Ah UAL DIPARTIMINTOP "0401"ANDUONMMVGLOPmloot 1. YM/ OF COLVIYNITV COIMRIIITV DEVELOMNT /LOCK GNAW PROGRAM EMTITLEMNTPROGI CitV of R HOUSING ASSISTANCE PLAN B— 11 1 4— M I C— 6— 0 5 5 6 1MR10Dq AMlIiA/IHTY 'Was. L' HUD APPROVAL /YeN ft 1L �OripilW ORMdm ❑AlewdnN+M 01 DJ na "me Oct l.'84T*Oct 1. 198 NA W Jrw • INCORPORATION OF HAP. PARTS 1.11407 REFERENCE. Parts 1.11 and 111 of 1110 HAP /RP1ol/d Y y 1 l 1 gga a in IAmis - sted by IAMIOW we col aonWlM In 06(RCnnd) DllldlVON OdsiNial. UNION O"No Mt@ NUR Mt I- W, 4W WV. / PART N- ANNUAL HOUSING ASSISTANCR GOALS PROGRAM OR PROJECT NYO UTIT/TOIEASUMD LOMR INCOM HOLRENOLDS TO N A3813TED LAr1NO.L1IYM IMIr MMJMJ finLd�rNNNrr M""MOP NOININO /LD /ALW LL /ANILV IANO/ 1AMILY TOTAL M /Q�r Section 8 Existing (or successor program) X 15 ExisL. 3 10 2 15 CDBG Rehabilitation Loans f. Grants (Rentals) X 5 Rehab. 5 O 0 5 CDBG Rehabilitation loans d Grants (Owners) X 10 Rehab. 2 5 3 10 CDBG Emergency Repair Grants for Seniors X 20 Rehab. 20 0 0 20 Multi- family Revenue Bonds - Rental (at least 202 40 new 20 15 5 40 restricted to low income at affordable rents) Mortgage Revenue Bond - First -time buyers 160 new 0 0 0 0 Nlln.ts\ 211MI • NARRATIVE FOR THREE -YEAR GOAL (1982_85) AND ONE -YEAR COAL (1984 -85) CITY-OF-RANCHO CUCA.MONGA I. DISPLACEMENT No substandard residential units are expected to be demolished as a result of direct Federal, State or local actions. II. IMPLEMENTATION The City of Rancho Cucamonga will take the following actions to implement its one and three year goals: A. Section 8 Existing The city has entered into a cooperation agreement with the Housing Authority of the County of San Bernardino for the Section 8 program. The goals can be achieved if the Housing Authority greatly increases its efforts to solicit tenants and leases in Rancho Cucamonga, as opposed to other parts of the County where Section 8 has been more • widely used in the past. The City will assist in this "affirmative marketing" to the extent possible. • B. Rehabilitation Loans and Grants Rancho Cucamonga has allocated and will continue to allocate CDBG funds for rehabilitation loans and grants for Emergency Repair Grants for Seniors. These programs are administered by the County of San Bernardino pursuant to an agreement with the City. In order to reach as many households as possible, the City has expanded the program in 1984 -85 to include all eligible households city -wide rather than limiting the program to the five target areas initially identified. 2. Rancho Cucamonga has taken the following steps to assure that a majority of the dwelling units receiving rehabilitation subsidy will assist lower income households. a. All rehab loans and grants are restricted to low income homeowners. b. Rental rehab loans are given only for structures to be occupied solely by lower income renters and the projects are selected such that after rehab rents do not exceed 70 percent of tenant incomes. 2 C. Multi- family Rental Revenue Bonds • By cooperation agreement with the County of San Bernardino, rental projects in Rancho Cucamonga with 20 percent of the units restricted to low income households at rents less than 30 percent of income, may be financed with County Multifamily Mortgage Revenue Bonds. We expected about 500 new units will be financed in Rancho Cucamonga in this manner over a three year period. Developer interest is currently very strong; however, market conditions and developer performance will dictate whether the units committed are completed. Issues funding two projects (430 units) have been sold since 1982. D. Mortgage Revenue Bonds Sale of Mortgage Revenue Bonds to provide below market mortgage financing for owner occupants. Most users will be moderate income, none expected to be low income. Issues which will fund an estimated 1,215 mortgages in the City have been sold since 1982. The goal will be realized, therefore, subject only to market conditions and the developers' ability to develop and sell the homes. E. Article XXXIV Referendum Authority The voters of the City of Rancho Cucamonga approved a referendum allowing public ownership or financing of low rent housing pursuant to Article XXXIV of the State Constitution. This enables use of public • housing and various multifamily financing programs. F. Scattered Sites Public Housing The City has entered into a Cooperation Agreement with the Housing Authority of the County of San Bernardino for use of the Public Housing Program. Although no new projects have been proposed for Rancho Cucamonga, agreements are in place should funding become available. There have previously been 11 units developed in the City under this program. G. Land Banking Rancho Cucamonga participates in a Countywide Revolving Fund for land banking or other front end costs for low income family housing development, particularly public housing. • • H. Planned Developments Several of the Planned Communities in Rancho Cucamonga contain commitments to development of affordable housing in the text of the approved or proposed Community Plan. The developer commits to develop a portion of units for lower income renters at monthly rents not exceeding JO percent of gross income and the City agrees to provide incentives and assistance where necessary and possible. I. Redevelopment Twenty percent of tax increment funds from the City's redevelopment projects will be used to assist low income housing development as necessary and as funds become available. J. Density Bonus By State law, a 25 percent density bonus or funds /concessions of equal value are available to any project with at least 25 percent of the units affordable to low and moderate income households. K. Senior Housing The City has developed a Senior Housing Overlay District to encourage the production of rental housing affordable to seniors. In exchange • for agreeing to lease to lower income seniors at affordable rents for twenty years, the developer may be granted: • °A reduction in required on -site parking down to .7 non - covered spaces per unit. °A density bonus. °Waivers or reduction of planned development, park, school, or ocher fees. 4 // L L STAFF REPORT DATE: October 17, 1984 — 1977 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: CALMARK /CAL RANCHO INC. SENIOR PROJECT In order to provide incentives for the construction of affordable senior housing, the City has previously entered into a development agreement with Calmark Development for their Cal Rancho Senior Project. Among other things, the agreement provides for the funding by the RDA of certain storm drain and related street improvements on Archibald Avenue. The funding is to be provided out of the Agency's 20% set aside for affordable housing. Based on improvement plans, it is estimated that the City's share of these improvements will cost approximately $57,000. This is well within the intent of the original agreement which estimated costs of about $80,000. In order for the City and the Agency to reimburse the developer, adoption of the attached resolution determining that the construction of these improvements is of benefit is required. Similar action is also required by the Redevelopment Agency, and an appropriate resolution has been placed on the Agency's Agenda. It is recommended that the attached resolution be adopted as Res tf 11 submitted: R ck m z ity lann.- G:OK:ns Rttachments: Combined Cost Estimate Resolution • Calmark Development Cofpofatwn • � I.a "1 �� n(�5m. ce August 21, 1984 2121 CIOiC.11eld Clvd., Suito 902, P.C. OU 2123. Santa Monica, Ca o,nia 90406 (213) 463.1773 /!r City of Rancho Cucamonc_a 9320 Baseline Road Suite C P.O. Box 807 Rancho Cucamonga, CA 91730 ATTENTION: Rick Gomez Tin Beadle RE: Combined Cost Estimate for Rancho Cucamonaa Gentlemen: LIMITS OF S;O RK Street work along Archibald Street and storm, drain in Archibald from Sta.5 +35.37 at base line street to Sta. 10 +51.16EC at the sideline of Archibald Street. Archibald Street from Lomita • Court to 504 feet south. This estimate is composed of bid and contract prices: 1) Engineering including Plan preparation staking construction $8,920 2) Soil work including preliminary investigation, R -value determination and parking section, sub - 7rade okay for construction and final retort $ 405 3) - CL. curb and gutter (8" CF 6 2.0 gutter) 504 700 $3,528 /008 �. Pave 2'." em iaC i +.Y iAc, OV r 8 `A C Pr^0 4,d Sw'r Lump Sum $1,500 H TOTAL $_' 329' 16. /68 2121 CIOiC.11eld Clvd., Suito 902, P.C. OU 2123. Santa Monica, Ca o,nia 90406 (213) 463.1773 /!r Pace 2 • August 21, 1984 STCX! DRAP: ?:ORS Storm drain work in Archibald Street frog Sta. 5 +35.37 to Sta. 10 +51.16EC. 1) Engineering includinc Plan prep aration and starting of construction S 5,S20 2) Soil work including preliminary investigation, back fill inspection, compaction testing and final reports $ 800 3) a. 24" RCP 515 LI 43 522,145 b. 21HA 1 2150 $ 2,145 C. MHB 1 5650 $ 5,650 d. Repave, temporary incl. incl. $ included e. Recave final 2680 1.75 $ 4,320 • TOTAL 540,885 57, 053 GRAND TOTAL $&;;r Along with these estimated costs are back up quotes for relevant parts of the work to be done. Please indicate your approval of the amount Quoted and advise us how we are to file our paid bills for reimbursements. Thanks. 4Sinc 1 t r Vice President, Engineering JMC /hs cc: TM iI L // WHEREAS, the Redevelopment Agency of the Cit, of Rancho Cucamonga (hereinafter the Agenc•v' ") is authorized -0 car.-., out redevelopment of the Rancho RedeveLoorenc Project Area (hereinafter the "Project Area ") pursuant to the Redevelopment Plan for the Project Area approved and adopted by this City Council Sy Ordinance No. 166 on ce -.per C3, 1961, ( hereiaafter the 'Rede,,l no menc Pie n "), and WHEREAS, the Redevelopment Plan authorizes and directs the Agency to pay for and construct certain public improver..encs. and WHEREAS. California Health S Safety Code Section 33334.; authorizes the Agent, to improve land or SufidLng sites with offsfte improvements for the purposes of Increasing and improving the comunLt,'s supply of low- ant - ..derace- intone housing available at affordable cost, and WHEREAS. California Health S Safety Code Section provides, in pertinent tart, that an .Agency may, with c'ne consent of the 'eeislatb:e bpd,, pal ail pr part of the cost of the installation and construction of any building, fat lity, structure or other improvement w,,ich Is publicly owned, either within or without the Projecc Area. upon a determination by the legislative Sod-, that such buildines, facilities, structures or other improvements are of benefit to the Project Area or the 4 ediate neighborhood in 'which the Project Area is located, and t'nat no other reasonable means of financing such buildings, facilities, structures or ocher improvements are available to the conrur,icv, and NOW, THEREFORE. BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1, The City Council hereby determines that the construction of a sbrm drain faciliti and associated public improvements in Archibald Avenue i of benefit to the Project Area, :he surrounding neighborhood In which the Project Area is Located and the encf re community of the City of Rancho Cucamnga. /4 - ;L e 4 : RESOLUTION NO. I"W"" A RESOLUTION OF THE CITY CO;CIL OF THE CITY OF RANCHO CUCAM.ONGA DETERMINING TiLAT THE CONSTRUCTION OF A STORM DRAIN FACI:TTY AND ASSOCIATED PUBLIC I1J'ROb'EMd6N7S IN ARCHIBALD AVENUE IS OF BENEFIT TO THE RA.YCHO - REDEVELOPMENT PROJECT AREA AND THE SURROUNDING NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED: DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IM.P&OVEMENTS OTHER THAN TAY INCREMENT FINANCING WHEREAS, the Redevelopment Agency of the Cit, of Rancho Cucamonga (hereinafter the Agenc•v' ") is authorized -0 car.-., out redevelopment of the Rancho RedeveLoorenc Project Area (hereinafter the "Project Area ") pursuant to the Redevelopment Plan for the Project Area approved and adopted by this City Council Sy Ordinance No. 166 on ce -.per C3, 1961, ( hereiaafter the 'Rede,,l no menc Pie n "), and WHEREAS, the Redevelopment Plan authorizes and directs the Agency to pay for and construct certain public improver..encs. and WHEREAS. California Health S Safety Code Section 33334.; authorizes the Agent, to improve land or SufidLng sites with offsfte improvements for the purposes of Increasing and improving the comunLt,'s supply of low- ant - ..derace- intone housing available at affordable cost, and WHEREAS. California Health S Safety Code Section provides, in pertinent tart, that an .Agency may, with c'ne consent of the 'eeislatb:e bpd,, pal ail pr part of the cost of the installation and construction of any building, fat lity, structure or other improvement w,,ich Is publicly owned, either within or without the Projecc Area. upon a determination by the legislative Sod-, that such buildines, facilities, structures or other improvements are of benefit to the Project Area or the 4 ediate neighborhood in 'which the Project Area is located, and t'nat no other reasonable means of financing such buildings, facilities, structures or ocher improvements are available to the conrur,icv, and NOW, THEREFORE. BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1, The City Council hereby determines that the construction of a sbrm drain faciliti and associated public improvements in Archibald Avenue i of benefit to the Project Area, :he surrounding neighborhood In which the Project Area is Located and the encf re community of the City of Rancho Cucamnga. ScC::ON ;'.`.e Ci^: Council: Era her dete::pines :Sac no ocher reasonao:a neans of - inancia; :be cons r_c ^_on of said stogy c: air, fac:!ir: and '- ssocated public t- Orovements is avail able, SECTION ) The Ci,, Cccr.cil 'r. erebv azroves and authorizes :. -.e ieceveloocenc �gencv o :::e Q -v o[ danc'co Cucamonga to assist in ce financing pf such Tub lip i -Drove- mencs and finds and declaras :,hat expenditures and obl -a -tons incurred by the A;enc-. ".suanc to :EiS ;esoi, i'n 3: ! cansticute an indeocedness of t'ne Project Area. PASSE], A ?P20vEJ, and A:0?:EO :'ais day of September, L?Sa. — AYES NOES: ABSENT A2:ES: Lauren M. nassercan. C_, -a -.< 2 O 4 n �� / is 0 In a memorandum from the City Manager to City Council dated September 24, 1984, Mr. Wasserman gave you a detailed background and current status report on Hermosa Park, alonq with copies of historical working correspondence regarding the project. In the interest of brevity, that information will not be herein repeated. Per authorization of the Council park Development Committee (Dahl and King) a purchase of $200,000 was submitted on September 20 to the Schmidts for their full interest in the 3.27 t/- acres located at 6787 Hermosa Avenue. In a reply, dated october 3, the Schmidts accepted the City's offer. (Copies of the offer and acceptance attached) Recommendation: That the Community Services Department be authorized to open Escrow Proceedings on the 3.27 a/- acres located at 6787 Hermosa Avenue, a necessary and preplanned acquisition to the Hermosa Neighborhood Park described in the General Plan. Further, authorize an amount of $200,000 plus any necessary and incidental acquisition costs, to be disbursed from the Park Development Fund to facilitate this action. If further information is desired, please advise. Vaia vi' la Al \V11V VVVAniVi`1 V['] MEMORANDUM CY'Mo 1�%b _ate: October 11, 1984 F_ To: City Council and City Manager 1977 From: Bill Holley, Director, Community Services Department Subject: Approval of authorization to enter escrow proceedings on Phase II of Hermosa Neighborhood Park (Consent Calendar) In a memorandum from the City Manager to City Council dated September 24, 1984, Mr. Wasserman gave you a detailed background and current status report on Hermosa Park, alonq with copies of historical working correspondence regarding the project. In the interest of brevity, that information will not be herein repeated. Per authorization of the Council park Development Committee (Dahl and King) a purchase of $200,000 was submitted on September 20 to the Schmidts for their full interest in the 3.27 t/- acres located at 6787 Hermosa Avenue. In a reply, dated october 3, the Schmidts accepted the City's offer. (Copies of the offer and acceptance attached) Recommendation: That the Community Services Department be authorized to open Escrow Proceedings on the 3.27 a/- acres located at 6787 Hermosa Avenue, a necessary and preplanned acquisition to the Hermosa Neighborhood Park described in the General Plan. Further, authorize an amount of $200,000 plus any necessary and incidental acquisition costs, to be disbursed from the Park Development Fund to facilitate this action. If further information is desired, please advise. cuCMfO CITY OF RANCHO CUCAMONGA 4 wn+Jon D. Mikeh • O Churls J. Buquet D Jeffrey King Rkhard M. Del Pamela J.Wright September 20, 1984 Don J. and Margaret E. Schmidt P.O. Box 341 Alta Loma, California 91701 Dear Mr. and Mrs. Schmidt: Thank you for inviting we into your home yesterday for continued discussion by the City of acquisition of your property for municipal park purposes. In light of our discussions with you, the property appraisal of Edward G. Hill, Jr., and a desire to reach a mutually agreeable purchase arrangement, • the City offers the following consideration for your full interests in the property generally described as 6787 Hermosa Avenue, Rancho Cucamonga, California. Specifically: First Payment to you of Two- hundred Thousand Dollars (5200,000) in a lump sum, cash. it would be agreeable to the City, should it be your desire, to disburse the payment in a manner of your choosing. In example, two equal payments, of One Hundred Thousand Dollars ($100,000), the first occurring in calendar 1984 and the second in calendar 1985. Or, three equal payments of Sixty -six Thousand Six Hundred and Sixty -Six Collars and Sixty -Six Cents ($66,666.66) in each of the three consecutive calendar years, commencing this year, 1984. As the optional incremental disbursement plan is an option offered only as a convenience to yout it shall not be considered as a time purchase agreement by the City and therefore interest will not be factored into the consideration. Second At your option, you may maintain a personal primary residence on the property for a period of time not to exceed twenty -four (24) consecutive months from the close of escrow. This occupancy shall be non - transferable and the property shall not be subleased to another during this period of Liss. Consideration shall be paid to the City on a month -to -month basis by you in the amount of one dollar ($1.00) per month beginning on the first day of the month following the close of escrow. you may terminate residency at any ® time during the twenty -four months by giving notice of such termination to the City. Termination is irrevocable. 9120 BASELINE ROAD, SUITE C . POST OFFICE DOI 9W . RANCHO CUCAMONOA. CALIFORNIA 91730 . (714) 049.1861 Scheidt Residence 9/20/84 Page 2 Third The City will assume no responsibility or liability for minor or major household, equipment, or fixture repair during the period.of occupancy described in 'Second" above. (In example, should the water heater fail or the roof leak, the City will hold no obligation for providing remedy. Remedy my or my not be provided by you at your sole option without reimbursement by the City.) Fourth The City will assume no responsibility or liability for your personal property contents or personal liability during the period of occupancy described in "Second' above. (It would be recommended that you secure a 'renter's policy" to cover such item at your own expense.) Those in essence are the four 'major' components of the offer. In the final agreement, of course, these would be translated by our respective attorneys into 'legalese' with customary mutual holdharmless clauses, whereas and wherefores, etc. we would appreciate your consideration of this offer and await your earliest reply. 7 The You. William I.. Holl , /irecto Community Services Depat MLH,bs cc, City Manager ��J • • • Cl y of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, Calif. 91730 Attention: William L. Holley, Director Community Services Dept. Dear Sir: October 7, 1984 In reply to your letter of September 20, 1984, we accept the proposal offered by the City for our full Interests in the property at 6787 Hermosa Ave.., Rancho Cucamonga, California Parcel No. 202 - 201 -71. We will accept Two- hundred Thousand Dollars ($2C0,000) in a lump am, not. That is, with all escrw fees and Closing costs paid by the purchaser. We would appreciate having the escrow close after January 1, 1985. We would like to maintain our primary residence on the oro?erty • for a period not to exceed twenty -four (24) months, for w %Ich we will ?ay the City one dollar ($1.00) per month on a month to moneh basts, beginning an the first day of the month following the close of escrow. We willassume the res?cnsibility for necessary reooirs and maintenance of the buildings at our option. We would li !,* to Favo our •ttori review the final agreement when it is translated into a lil document. 0 Sincerely, �JJIcYt'�c� �, cX'- Yvi'ruc� V O I nr i � 33) rw X7.7 r La QD 's n� 7 y rUrM m i itN J Ilk I r .+ 0 • • CITY OF RANCHO CUCAMONGA MEMORANDUM Date: October 9, 1984 SO C,;CAA4(), To: City Council and City Manager From: Dick l ;Maybk�*''¢ark Project Coordinator Subject: Approval of Development Plan For Cucamonga Creekside Park BACKGROUND Z 1977 Cucamonqa Creekside Park is a 3 acre parksite located just south of Baseline Road between Alta Quests Drive and the Cucamonga Creek flood channel, The park will be the southerly terminus of the Cucamonea Creek Trail project which begins in the Heritage Park area and traverses in a southerly direction along the Cucamonga Creek and Demens Creek channels to Cucamonga Creekside Park, a distance of approximately three miles, Cucamonga Creekside Park will feature parking facilities to accommodate vehicles with or without horse trailers, picnic facilities including shelters, a restroom, access for bicyclist and equestrian users to the Cucamonga Creek Trail and extensive landscaping and slope plantings. Funding for the parkside development is included in the total trail project cost of $750,000, half of which will be funded by the City (in the amount of $375,000 from Park Development Funds) and the remainder (in the amount of $375,000) from recreational funding from the U.S.Army Corps of Engineers. The actual parksite cost is estimated to be $225,000. The park development plan has been reviewed and concurred in by the Park Development Commission and the Planning Commission with the recommendation that the plan be approved by City Council. RECOMMENDATION: That the City Council approve the development for Cucamonga Creekside Park. / .k .2. ASEMA-M CUCAMONGA CREEK `/ ,:r \ At 04' BRIDGE. 36- 9.X9%" \6. iit nit SITE" F,''PARK ASEMA-M CUCAMONGA CREEK `/ ,:r \ At 04' BRIDGE. 36- 9.X9%" .4rza—ce �zo \6. iit nit .4rza—ce �zo • u V11MEMORANDUM�� n> z T Date: October 9, 1984 _Z To: City Council and City Manager �.- 1 I 1977 From: Dick Ne a J(AIX Project Coordinator Subject: Approval of Resolution Authorizing the Submission of 1984 State Park Bond Act Grant Applications For Three (3) Projects BACKGROUND: In June of this year, the voters of the State of California, passed the California Park and Recreational Facilities Act of 1984 (commonly referred to as the 1984 State Park Bond Act), which provided the state with the authority to sell bonds to finance a $370,000,000 state and local government grant program for park development and rehabilitation. The grant funds are divided into several funding programs with the one most directly affecting the City being the Regional Competitive Program. The Regional competitive Program is a competitive program which will disperse $78,500,000 throughout the State, on a population basis, into 10 areas, known AS Districts. Rancho Cucamonga is located within District 8, which is the State's most populous District and receives the greatest portion of the funds. The funds will be distributed over a three year period with District 8 receiving $13,647,000 the first year (1985 -86) and $11,970,500 each in the succeeding two years. Three projects, which fit well within the application guidelines from a competition standpoint, have been developed for application submittal for the funding available under Fiscal Year 1985 -86. These are a 6000 square foot expansion to the Lions Neighborhood Center (grant application request to be $550,000), the Phase I development of Heritage Community Park (grant application request to be $2,000,000) and the development of four night lighted tennis courts at Beryl Park (grant application cost to be $175,0001. In each case, the grant request is for the estimated cost of the project. Competition for these funds will be fierce; however, each project proposed would appear to be a high priority for state funding, although it is unlikely that our City (or any other local agency) will have more than one project funded during a given year. These projects were reviewed and concurred in by the Park Development Commission with their recommendation that the above mentioned projects be submitted for 1984 State Park Bond Act funding consideration. RECOMMENDATION: That the City Council approve the .ttached Resolution. /'�J YHRREAS, the people of the State of California have enacted the Calif ... is Park and Recreational F... liti.. het of 1984, which provide. fund. to the State of California and it. political .ubdivisiont for developing RESOLUTION NO. Re —a(m% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE • APPLICATION MR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALIFORNIA PAM AND RECREATION FACILITIES ACS OP 1984 MR THE LIONS HUMANITY CENTER EXPANSION, THE PHASE 1 HERITAGE COMMUNITY PARR DEVELOPMENT AND THE BERYL PAM TENNIS CO@LEE PRCJTCTS. YHRREAS, the people of the State of California have enacted the Calif ... is Park and Recreational F... liti.. het of 1984, which provide. fund. to the State of California and it. political .ubdivisiont for developing ATTEST: Jon 0. Mikels, Mayor ""Fly Ruthelet, City Clerk /i•a facilities for public recreational purposes; and WHEREAS, the State Department of Parks and Recreation hoe been delegated the responsibility for Ne "ministration of the program within the state, setting up necessary procedures governing application by local agencies under Ne program: and WHEREAS, said procedures established by "a State Department of Perks and Recreation require the applicant to certify by resolution the approval or applications before submission of said applications to the .tatei and WHEREAS, said application, contain assurances Nat the applicant must comply with; and WHEREAS, the applicant agency will enter into an .greement with the State of California for development rehabilitation or restoration of the pmje<ta: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga hereby; 1. Approves the filing of an application for 1984 .Cate grant • assistance for the above projects: and 2. Certifies that said agency under tends the assurances and certification in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projects, and If the projects are select" for state grant funding; 4. Certifies Net said organization will provide construction plant and specifications to the state within one year of the appropriation of funds under this program and will commence Work immediately after state approval: and 5. Appoint. the Director of Community Services as agent of the City to conduct all negotiations, execute and submit all documents including but not limit" to applications, agreements, amendments, payment requests, and so on, which may be necessary for the Completion of the aforementioned projects. PASSED, APPROVED, aM ADOPTED this 11th day of October, 1984. AYES: NOES: ASSENT: ATTEST: Jon 0. Mikels, Mayor ""Fly Ruthelet, City Clerk /i•a 0 • • This memo is being Written at the direction of and on behalf of the Historic Preservation Commission. Ordinance 70, adopted as Section 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation, charges the Historic Preservation Commission with the Identification of persons of historical significance. The Commission has investigated the historic significance and merit of the works of Mr. Sam Maloof and have found the following: • Mr. Maloof has practiced his craft in the West Valley area for 53 years and in the Rancho Cucamonga area for 35 years. • Mr. Maloof has been invited to conduct symposiums throughout the world regarding his expertise in his craft and his practiced belief in the 'work ethic'. • Mr. Maloof has had many of his hand crafted furnishings displayed at world renown locations such as: The Smithsonian Institute, Boston Fine Arts Museum, the Vatican Museum, and our Nation's White House. • Mr. Maloof's hand crafted furniture is appreciated throughout International art circles and he has been the subject of numerous articles in various publications. (Some of which have been attached for your information). Therefore, it is the recommendation of the Historic Preservation Commission that Council designate Mr. Sam Maloof as a "Living Treasure of the City of Rancho Cucamonga ". If you wish additional information, please let me know. MW /js /Z% vas v 111.uisun CVO mo MEMORANDUM �'0 Date: October 10, 1984 C;: To: City Council and City Manager 1977 From: Historic Preservation Commission By: Mary Whitney, Community Services Coordinator`s Subject: Sam Maloof (Attached Resolution) This memo is being Written at the direction of and on behalf of the Historic Preservation Commission. Ordinance 70, adopted as Section 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation, charges the Historic Preservation Commission with the Identification of persons of historical significance. The Commission has investigated the historic significance and merit of the works of Mr. Sam Maloof and have found the following: • Mr. Maloof has practiced his craft in the West Valley area for 53 years and in the Rancho Cucamonga area for 35 years. • Mr. Maloof has been invited to conduct symposiums throughout the world regarding his expertise in his craft and his practiced belief in the 'work ethic'. • Mr. Maloof has had many of his hand crafted furnishings displayed at world renown locations such as: The Smithsonian Institute, Boston Fine Arts Museum, the Vatican Museum, and our Nation's White House. • Mr. Maloof's hand crafted furniture is appreciated throughout International art circles and he has been the subject of numerous articles in various publications. (Some of which have been attached for your information). Therefore, it is the recommendation of the Historic Preservation Commission that Council designate Mr. Sam Maloof as a "Living Treasure of the City of Rancho Cucamonga ". If you wish additional information, please let me know. MW /js /Z% • • I 11 I Art museums''hor�or craft -of Sam Maloof By SCE MANNTNG Daily Report Staff Writer Sam Maloof's name u connected with the Smithsonian Institute, the Minnesota Art Museum. the Museum of Contemporary Craft in Sew York City, the Oakland Art Museum and the Museum of Fine Arts in Boston Walking into any of the country s finest museums, a visitor Mil find work by Sam )aloof. Maloot. of Alta Lama. is internationally known for his simple, singular furniture This week. he is preparing 12 pieces for shipment W the Museum Ot Fine Arts in Boson. He has been working on the rocking chair. two occasional chairs. two setees. three dining chairs. a spindle back Occasional chair. a side chair and two woven rawhide benches for one year All are made of walnut and seen will be on display in the .American Decorative Arts portion of the museum ,Curator Jonathon Fairbanks commissioned Maloof b make We I urmture for the museum's permanent collection. Maloof has worked m the pieces off and on for the past year. °I can only do about R or 80 pieces a year." explained the craftsman. "including office furniture, household furniture and timing pieces, so my production IS limited." Maloof 's designs are reeogtuable by any authority on contemporary turmture, He makes apprium utely Y 50 different types of during the last 28 years. he has made approximately2.500pieces hesgd. A book about "Sam Maloof Crattsman" is currently being written to describe hew an individual cransman lives, thinks and works, It wig be published by Christmas, he norm. "1 know who owns each piece I've ever made." he said. 'I have Become close friends with all the people I have made furniture fur." he added. And now. Maloof is making turmture for second generation famibes who grew up on his first pieces. Born in Chino. Maloof left high school when he was la. He worked on several different types of low for a while. He was an architectural draftsman, an industrial designer, a Painter and worked in graphic arts. He designed and built furniture for his awn home. 'SOMeme saw It and asked If 1 wouldm't design a dining roan. 1 did that and jug by word of mouth It started spreading arod I gave up my job on the first commission that I got," he said. Suue then. Maloof 'a furniture has became world famous. His communion from the Fuze Arts Museum in Boston marked We first tune in history A craftsman was commissioned b work on a permanent collection for the museum. '-ney have the largest co0ertion W American period furn are in be world, ' Maloof noted. During 1975. Maloof was also made a fellow of the American Craft Council, a group for which he was already a national trustee. Maloof spends his life with wood. He spends his working hours creating pieces of furnture and bu leisure noun creating pieces of furnaure or butldmg onto his home and workshop in Alta lama. "There is more spiritual Secstaction in working with my hands than in Soy other type of work." Maloof explained. For years. Maloof 'a son worked with him, but now his inn has his own shop next m his father s in an orange grove in Ala lama. "I feel that it s good for him and he already proven he can do his awn thing without me sammg over him." Maloof said. There is no competition, he added. "There u never any competition between craftsmen because they 20 do things differently. This is true in all mediums of the crafts." he said. Maloof a nephew, 9asiff Maloof, Z, continues ni work with him, however, as does Paul Vicente, 28, who gaited m work m the Ala Loma shop eight years ago on a Tiffany Foundation Grant as a Mager craftsman apprentice. Progress has never hampered Maloof. He introduce one, two or three new pieces of furmmm each year. And on pieces he has made in the past, he will make subtle changes. 'I don't changes completely, but 1 see things I think have W be unproved ," he explained . 1 So he unproven them .0 they only get Aayer. Artist in woodwork By BEY PETERS ALTA LOMA (AP) — The chances are over. whelming that if Sam Ma- loof made your living room rocking chair, your neigh, hot won't have one like it. The woodworking crafts man mys there is renewed Interest in crafted furni. ture, which bas suffered at the hands of inexpensive mass production and the high cost of matertah. But while some crafts men Mum out hatchcover tables which are hawked at shopping center wads, Mn- loff carcasses, each piece into a one- of- a-kiml piece Of art. Maloof only makes about 75 pieces of furniture a year to his shop in this qui. et own some 05 miles east of Las Angeles. And his work clearly is not for the homeowner searching for a bargain. His rucking chain x11 for $1.500 apiece. "People arc tired of cons fatuity. They find a crafts man is an individual, and every piece he turns out is unalue." Maloof. es, said in an lc terview that money seem to be of relatively little tm- portance to most crafts- men. "H I were in this for the monetary return, I would be designing for produc- tion." Maloof commented. "But I get a return from my work that all the money in the world couldn't get yen. "'I read about the mr- pontion bribes, things like that happening, and I woo- der why. There's more o life than money. I feel the spiritual satisfaction I get from my work is much more important than how much money I make." Maloofs furniture -mak- ing techniques are simple. He Post gets a "mental poture of the piece" then selects the wood. It is cut, shaped and sanded, then joined to form a oneof,a. kind piece of furniture. Maloof 's artistic merit may be judged in the art museums around the (fai- led State which have chn- sen o display his work. A collection of his chain is due to be exhibited soon in the Fine Arts Museme in Boson, be mid. Maloof mid there is on difference between crafts and the arts. "An artift creates a painting, and a woodworker creates a chaw," Maloof mid. "They am both unique. and a part of the person low gone into them." "Woodworking is b, coming an 'm' thmg." he said. "I bear from people all over the country. But there's loo competition: I believe there should be no secrets, it's a thing to be ahared." Maloof mid talent and discipline are essential to being a good craftsman. "For about IS years. I new at got mw the have be- fore midnight or I a.m.." be recalled. "I still put in a 10.12 hour day and find B difficult not to go out into the shop again. I have to use reverse discipline now." Traditionally, crafts- men's children have followed in thew father's footstep. and Maloof mid his sun, Sumer, 26, is a woodworker. "Re'sonated his own shop around the mm" area he's already had a couple of comrna- e cies" the elder Maloof said with pride. As a man who loves his work, Maloof said he con- sider, himself lucky. "I'm forunrste I can live my life this way," be said. "So many people go through their whole lives never having created a thing." is Varwinan internationally respected Furniture �� S YAL TATL - LuY Mrll.. A.11.Y ayo b.J..y urn...m bA W.Wprrw'L.a...11n rNJ�J Ynry iY Sen. ur If ..'I ul Y.vi Yilw . .puy.IW... ru ilu..uu .L.r \..11 apw'reJ`I wlluwr. rr.. u.Y 1 Luln .: WEN. . r Y•nue r. W ur.ellWa..JU.I Yea. Yr ...r \aM1y Wl.• en1 W Lu 1: y4. .b. p pe arr11 ..4 y .rJ al.nl.l le Ad.Jlu unw .V.Y.I lu ni. Y Y.I-1 If- WYWa. Wry'. Wrin 1uy'1. W Ru uJ a .mueulllae.IN n ri..0 IM [ . WL Y•r.a i. I.xi� Y.. •I..y W rul ♦ bwau.IJ uJ •n lY ul. ra b, 11Y r..re. W..1Wn .a1W4rIN IprwY4 M I! IICIYJ 111N..IJ .prr.rJ - uJJ. o•.4r Wl. „. w4.0 t W.'Wrm.a .mrwl. Il...m. maker makes his craft an art vJKnr,x.4'IJ.Y •I 4 J r r MJ...I 4 ru. �•,. Nr V^•VI I 4a 11.. r.. ull 4. .Y J.. .. JL. vxl l•t.r .IJ Iua11u.Y. IL..x1••Lrl'•'l• J...I.I.I .I..IiYnnJ 1. .'IL.n 'LM Y. e.r lu IIr.J . Wn...l lu. x.l.....a.n nl...xr 111,11 MrII.IJ wll u..;I... I.Ja1•ullY In 111ur1 YLe a.W IIJ1.nrn..:..1 f1x.1. 11 ulw4 ..1.4r u r luxrlwul re.l.l, .l y. u.. I••r11. •MY1xr4q •IJrruJe lu1.11 .J... ...I.. ' u w1J ll(Wtiii 1'YI x1.4r1 vl W..r. 1. vr.Y n w.vau ...u•.•.. Y u.. u.r uwur Y rvry 4.ry, L.vY nl':..I •••y Y.re n1.W.. M.4..Ira..11.J '+•n4r1Y..lL 4u 1...W.1J 1uJ. Lvr .4 L.J V.11 v11.. ••11.. . +.1 Y++I.L.0 ILra..x(v Wr11er1u1ya IJ1,uJ..rw .. \N1ue Y +•JUV. nn I lur.lm . Lwn. 1.a..a tr "Wkurl..rur.,1 1vl u4�111 +r1. u.l. e11 .1J 1u1u .sll'TLU U1 Le W.rau111111Nr1 1 Je rru I..aWW1uI1.rw W';..Ja.Y.u•1�l .r. ra y.4ur !M.I.uI 11aWr.ai u.rt.11r�l�br Weu llJ It A.I Iw \L.r4 IJ.nIrIU1J IJ Ile..s Wtu.lW r...N 1n1Lw. .1W Yve W. o rr. W W 11 Y.0 Le 1, I.,.a w'...r yr.JUAN Irun 1LUw II•. .Y pIN .r4 rL.11 r,r 11.p 11. WYo . .. Y.I.W a NnW IIr Ia11. .11.11.1 V1 YY ru Ya.ra n u Y11•rry l"d k. 11, 11.a Wa1 If w .Nu II .Y +11.4 r IuLr .e I..a1• un1Y '411 Mu+ ..I r.�nL 1[1an.a1 Y.. Y... V..0 .. ..V..nxY ..11Y . lu.lxr It" 1• IWiuWY rvII.µ Y.Aa 14 N.L..1 au1V1•.. ^I u ±LL. r 11.a1rrNea l4. . ^ Yv. r rla Nu. I L I 11 1 111' ., 4.... r.n. I..I .T W U1y.'1 . 1. . .. n., 1.. ....1...1. I.. ...r Y14 -�u(.M RV VA IIl.I1IV • WORK OFART n.l a ....J r1.j l.r i .a lu Y.rulur In ra.lu AII. uJU .rJ u urJ J.LY Mura.rrlu IupMWU•ra Lx11r IllruuUl ulll rlla YIJra wrllr.11 IY lurlruJ Lf u I YruuVY n..l . .l I J. ..J I J.xl "l. rl vllY W..II W.IJ wa y.... aY.. I. ..I.rxv..4 I4. Lune I... Y, 1r.y a .Y....u...1.1. . y b.0 <1 1 J .1Nr �. I.n uW•V In. .Y v 4 •. Vx.l ..re RESOLUTION NO. 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA. RECOGNIZING THE WORKS OF HR. SAM MALOOF AS HAVING GREAT HISTORICAL MERIT AND THEREFORE DESIGNATING HIM AS A LIVING TREASURE OF THE CITY OF RANCHO CUCAMONGA. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has adopted Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation; and WHEREAS, the Rancho Cucamonga Historic Preservation Commission has investigated the historic significance of the works of Mr. Sam Maloof in accordance with the provisions set forth in Chapter 2.24 of the Rancho Cucamonga Municipal Code and have found the following to be true: Mr. Maloof has practiced his craft in the West Valley area for 53 years and in the Rancho Cucamonga area for 35 years; and Mr. Maloof has been invited to conduct symposiums throughout the world regarding his expertise in his craft and his practiced belief in the Work Ethic; and Mr. Maloof has had many of his hand crafted furnishings displayed at world renown locations and is held in the highest esteem by international art • circles; and WHEREAS, the Historic Preservation has found Mr. Maloof continues to foster civic pride in the beauty of his accomplishments and recommends that he be designated as a Living Treasure of the City of Rancho Cucamonga. NW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows; The City council finds and determines that Mr. Sam Maloof has met the criteria established for identification of persons of historical significance, and therefore, and with the recommendation of the Historic Preservation Commission, designates Mr, Sam Maloof a Living Treasure of the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this 17th day of October, 1984. AYES: NOES: ABSENT: 0 ATTEST: Beverly A. Authelet, City Clerk Jon D, Mikels, Mayor 13/ 7 i 1 CITY OF RANCHO CUCAMONGA MEMORANDUM October I1, 1964 TO: City Council FROM: Beverly A. Authelet City Clerk SUBJECT: Agenda Items: 3W - Revenue Sharing for Self- Evaluation/ Transition Phase for the Handicapped CCCAAfp,,, `lam 9 1977, I 3X - Revenue Sharing for Adoption of Grievance Procedures for the Handicapped Staff report was not fully completed at the time the Agenda was assembled. However, items must be approved by October 17th. Therefore, materials will be delivered to you before the Council meeting. ba 12 i b.d'.r w rti nn.,..a, -d � • MARK CROSSES 1 +) ON RALLOT WFFH PEN OR PENCIL. N° 98 I I HAVE VOTED —RAVE Tour (Fold bill to this RRc laming fop mafgis 0*0" ) -------- - - - - -I OFFICIAL BALLOT SPECIAL ELECTION FOOTHILL FIRE PROTECTION DISTRICT SAN BERNARDINO COUNTY, CALIFORNIA TUESDAY, OCTOBER 30, 1984 Unit value of vote entitled to cast 0 INSTRUCTIONS TO VOTERS: • To vote on any measure, mark a cross (+) in the voting square after the word "Yes" or after the word "No." All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the Foothill Fire Protection OW trict and obtain another. MEASURE SUBMITTED TO VOTE Of VOTERS PROPOSITION A HORIZATION TO LEVY SPECIAL TAX FOR FIRE SUPPRESSION SERVICES IN tA -RODS COMMUNITY FACILITIES DI51WCF OF FOOTHILL FIRE PROTEC• DISTRICT' AND TO ESTABLISH APPROPRIATIONS LIMIT THEREFOR; TO YES Y SPECIAL TAX FOR FIRE SUPPRESSION FACILITIES IN IMPROVEMENT A NO. 1; AND TO INCUR BONDED INDEBTEDNESS SECURED BY LEVY OF TAXTAX FOR FIRE SUPPRESSION FACILITIES IN IMPROVEMENT AREA NO. I FTAX the Mello-Roa Community Facilities DWIct of tee F00" Poe Protwdm Dbbkt th lud to amaEy Ie • vmW W th in to py for m ewnod hlub u ayproptatlmr Ihett of 91700,000, uld Dutl� tpxLl tae and oprooda- fuel m M anpndll adhrsted for o�an9a m cat of end durye ro popWetbn flnad In Se tim 7901 of the Ceverommt Code; m a..URY levy a gedd W N lopwa• Am Na 1 of the C=anuuty Facilities DUmce to pay for fha Mprim Boutin No No Ww propWy natatory therefor w" atddenW asps ; a W 10 hoar boadd by levy tedemr in an ac w net Io 15,000;000 wmrwl the ®ual of a speeW Impovammt Arta No. 1 of t4 Ca®mily PtdaW DNdet a Y fa fM sepRn• adlim sod other pWm'ty naatury thaNa anledw wide IoddsaW upmw$ / ?3 'Foothill fire Protection District SPECIAL ELECTION TUESDAY, OCTOBER 30, 1984 Compiled and Prepared by L Dennis Michael, Acllns Bra Chef To the Voters of the Foothill Fire Protection Distinct: The District will conduct a Special Election on Tuesday. October 30, 1984 Whereas there are not more than 300 persons registered to vote in said election, pursuant to Sections 1005 and 1340.1352 of the Elections Code of the State of California, there shall be no polling place for the election. YOU WILL RECEIVE ONE BALLOT. The ballots were distributed based on the names and addresses designated on the aforementioned assessment is roll. Any parcels with a common name and address were combined for voting purposes. Each qualified voter has been issued one ballot which entitles that voter to cast one vote for his her total acreage of land or portion thereof according to the assessor's roll. please note that your ballot must be received by the District not later than midnight on October 30. A POSTMARK DATE IS NOT ACCEPTABLE. You must use the enclosed Identification Envelope for mailing, or your ballot may be delivered, in the Identification Envelope, to the District Offices: 1 L. Dennis Mkhtwt. Aiming Fln Chief 6813 Amethyst P O Boa 35 Rancho Cucamonga. CA 91701 714,9674535 V INSTRUCTIONS TO LANDOWNER VOTERS HOW TO VOTE Vote your official ballot by placing a crox ( I ) in the STATEMENT YOUR BALLOT voting: quart opposite y..... choice with Pell o, fremill. (S"Inuas SLMI et sell of the Idretun, ('ale) SPOILING If you tear your ballot or make an crnn m solnlg, you YOUR may secure :molhcr by unreadermg the ballot luu BALLOT spoiled. In person orby nmiLtl the aldress hclow.,,r by Resukmial executing an atfuhmn to the e1'fe01 you lust Sour ballul. $45 per dwelling unit and you Will he gncn another hall,,,. S45perrcreand 50.02 ................ ............................... RETURNING Enclo +e your ballnl in the Identarealion Eni,clupe. YOUR BALLOT Supply ALI. information reyucclel an the front of pia, $45 geracreand S(I nl Identification Fnvelope. YOUR VOTF. WII.1, BE UIS. QUALIFIED IF YOU DO NUT FILL IN AL1, THE INFORMATION. I'he folluwmg argunleal -5 ho and ugamst (be sty mmnte have been filed will, the Dlstncl pursuant m Amde 4, ('halter t, Uwwon 5 (Sectors Solo la 5816, inclusive) of lbe Ff"tu us laude of the SiMe ul C- 11dulm.l. Algnments ul euppurl or oppaxionn ul (hc pngwsell laws are Ihe optutuns of Il,a lod u , W I • SS (MX) (X)I BONDS INIPROVLN I:N "I' ARIA NO I elf 1.1.0 RO )S ('UMMUNII Y FA( 1111 EaS DIS'I Rl('f b001111LI- HRI PRty11,C1'1ON DIS "IRWI On "fuesd;IY O lobar lo. 11184. a spkaal ar ;and hnllul cle,tion will M conducted m Inquovenlcn Arc., No I al Mello Ruses ('unnn lan) 1-ne hon, DI'lrwl al be I. —doll lone I'nncclnnt la'a . l unuanl hl Ihe Mello Rita, Conan-on" Ivnhucs Aa W 19X2 Ica ouennng wllb Section 51111 ill the taomi urrllCalel Al the Nwn;Jch,hun, the yn.ddlnl elesu.n In lnq+nwemm�l Area No I will vote on a prurymmon lu Incur Minded mdehledness In an amount ran to exceenl b5J4Ml INMI securnl by the annual Ievv of a special lax la pay for Llcllluc, ht lire suppres,urn and l orway necessary theretur together with m- culcmal expero , 'I he lollawmg statement Is prepared and submitted pursuant ul Sections 51(X1 ct sell, on! the hlmm�m Cale I "I he hell esn ',,are of the spec dal lux rate which would be required to hr levied m fund the hued Issue during the lint Ilscal year after (he Gut sale of Nmds a set forth as follows Annual Amount of Annual Slrucfares StIc,rd Tax Rate Special 'I'axn Residential $45 per dwelling 01111 .S45 per dwelling unit Cununeraal S45 per acre and Rl 02 .S5(Ml per acre per square fix, InduNnal $45 per acre and So (11 S60(I per acre per square fnol The hest eslunare of are special lax fine which would be required (u M lcvletl 6r land tire bond mac during the hnl Inial )car after tire last sal, of bonds if Ilk hands are proposed to to sold In series is act faith as lollnws: Annual Amount of Annual S_welure. Special Tax Rate Special *1 axcs Resukmial $45 per dwelling um1 $45 per dwelling unit Commemml S45perrcreand 50.02 $%operecre per square fan Indusmxl $45 geracreand S(I nl Surof par acre per square IIMt 0 11 is presently unknown when the kilegnmg special lax rate will cunt rnerec. 3 The hest estimate tit the htghcm tax we which .,wkI be o qurnd nt w levied to fund (M bond r.we t. set boh as Ibllowc 4. Except as otherwise provided to the.Antended Report of the linginecr tin File in the Otfice of the Secretary of the Ftxnhill Fire protection D,tncl, the levy tit special luxes shall be haled upon an annual Jelermmabon tit the amount of other available revenue recesvtry m nxet budget requrre- wunts As uwd here. "available revenues" shall include ad valorem taxes. State argumcniaUnn, tax Increment revenue. recened Irum any Redevelopment Agency and any tither source of revenue except sleced taxes levied and collected The Board of lure,,, of the foothill I:uc Protection District will take all respmsthlc slops hr rclam maximum Redevelopment Agency funding (u which, by agrecmuml. Ihcy may o lawfully receive. Pnor to adoption of each annual budge(, the Board of DRCL(Or. shall make the deh:rmmenons specilied as tollnw.. I The amount of available revenues to meet op ratmo% awl mmme- namve requirements in the Conuauu(y Faalines District and Inr povemant Area To the extent that available revenues are trnutl,ceni In meet such requirements (the "0 At M Ihlici(" I, the Board of Directors may levy the Services Tax in an annum at(mew tti generate revenues equal in the D 5 M Deficit. 2. The amount of available revenues and contribution, tit I.11uics and/or equipment to mccl both sh nJerm and lung -lemt capital mquirerrems in :he Comrromty Faannes District and Impuventem Area. To the extent that available revenues are msutftclen( to men such mquirernenls, (he Dearin may (a) Levy the Facilities Tax in an armmnt sufficient to generate re- ventes adequate to meet short -term copal requirements: and/or 0 lb Ices y the Faahncs "I "ax nrsecum payment of pnw'tp:d and uucrest tin amp utJchnlncss marred ur to le inured ii, meet long lent. captud requrcmmros To the rxmnt that oulehedae" , umumcd. the ItunrJ tit Director, shall annually I" y the I a,dul" 1'es w.ni amount.ul l tcta•nt tit meet deht s,rvme. ..cep Al u(hcr rrscnucs utay In- I.twtully a'ad,thlr• therelur I'(H)l till I- liltE PROI1.(' "11(IN Dltil- RI(' "I" s.1. Victim, Michael Secretary 11 Annual .4nxmnl at Annual Suruclums Special Tax Rule Special l''ole. Resldemlial S45 per dwelling unit $45 per dwelling unit Commercial H5 permre and St. t.2 S500 per acre per .quire hxn Induslrial SJS per JCrc and $II IIl $Mglp•ratrc per square ho( 4. Except as otherwise provided to the.Antended Report of the linginecr tin File in the Otfice of the Secretary of the Ftxnhill Fire protection D,tncl, the levy tit special luxes shall be haled upon an annual Jelermmabon tit the amount of other available revenue recesvtry m nxet budget requrre- wunts As uwd here. "available revenues" shall include ad valorem taxes. State argumcniaUnn, tax Increment revenue. recened Irum any Redevelopment Agency and any tither source of revenue except sleced taxes levied and collected The Board of lure,,, of the foothill I:uc Protection District will take all respmsthlc slops hr rclam maximum Redevelopment Agency funding (u which, by agrecmuml. Ihcy may o lawfully receive. Pnor to adoption of each annual budge(, the Board of DRCL(Or. shall make the deh:rmmenons specilied as tollnw.. I The amount of available revenues to meet op ratmo% awl mmme- namve requirements in the Conuauu(y Faalines District and Inr povemant Area To the extent that available revenues are trnutl,ceni In meet such requirements (the "0 At M Ihlici(" I, the Board of Directors may levy the Services Tax in an annum at(mew tti generate revenues equal in the D 5 M Deficit. 2. The amount of available revenues and contribution, tit I.11uics and/or equipment to mccl both sh nJerm and lung -lemt capital mquirerrems in :he Comrromty Faannes District and Impuventem Area. To the extent that available revenues are msutftclen( to men such mquirernenls, (he Dearin may (a) Levy the Facilities Tax in an armmnt sufficient to generate re- ventes adequate to meet short -term copal requirements: and/or 0 lb Ices y the Faahncs "I "ax nrsecum payment of pnw'tp:d and uucrest tin amp utJchnlncss marred ur to le inured ii, meet long lent. captud requrcmmros To the rxmnt that oulehedae" , umumcd. the ItunrJ tit Director, shall annually I" y the I a,dul" 1'es w.ni amount.ul l tcta•nt tit meet deht s,rvme. ..cep Al u(hcr rrscnucs utay In- I.twtully a'ad,thlr• therelur I'(H)l till I- liltE PROI1.(' "11(IN Dltil- RI(' "I" s.1. Victim, Michael Secretary 11 IMFORMATION TO QUALIFIED ELECTORS The rata and method of appomoroncro of Ihe.lnaal urxes shall he suhsian lolly as follow, SERVICES TAX CO_M_MUNIT_Y FACII.1 "IIRS DIS "rRK-1- To pay lur tire s.ppm.surn service., the maxunum spernil lax in the Cmnmumly Facduies Instinct .hall he FACILITIES "I "AX BONDED INDEB "IFEDNESS IMPROVEMI;N'I" AREA NO I i To pay for capital costs and expenses Incident thereo of fire supprcsson J facdrlies andlor m pay principal of and rnlenst on Molded uidcbtcdness of not In exceed $5.1MM1.IMM1lit 0nance the capital costs and expenses incident thereto of fife suppression facilities. the maximum SPcual tax in Impmvernent Area No I shall be ltaanuun Annuul hlaxanmm Annual Anunun of Slruelures SLaI Tax Rare Special Ia"' Residential 3111 per dwelling unit 530 per dwclhng uml Cummemial $30 per dwelling unit plus .541X) per acre $(L 02 per square Dan Industrial $30 per dwelling uml plus 551X1 per acre $(1.02 per square hrot FACILITIES "I "AX BONDED INDEB "IFEDNESS IMPROVEMI;N'I" AREA NO I i To pay for capital costs and expenses Incident thereo of fire supprcsson J facdrlies andlor m pay principal of and rnlenst on Molded uidcbtcdness of not In exceed $5.1MM1.IMM1lit 0nance the capital costs and expenses incident thereto of fife suppression facilities. the maximum SPcual tax in Impmvernent Area No I shall be ANNUAL ADJUS"IMEN'I SERV ICLS 'TAX_ "I 'he max ... mm Sefxnces'fax is subject In annual adjustment for changes in cost tit living and change. of, Pipulanun :es defined ur Section 7901 of the Govemmcut Code RB ARTION I-A( "11.1.1 -IFS TAX AND SERVICES TAX C'ununeraal and indusm:J stmcmres shall be granted a reduction in Facill- lie, 1,.x and Services "I 'ax for die tiismllatiun tit complele sprinkler symems. In addition. mull floor cummeretal and oultemnal structures shall be granted u reduction in Fxilmes'I :n and Services lax lureach separale ILnr above ufbelow the inam ground floor of the slmcture LIMIT At IONS TAX LEVY The Facilities Tax and Services Tax shall only be levied on developed property; provided thus neither the Fan Wics'fax nor Services Tax shall be levied until a "Certificate of Occupam:y"' ur " (Jkhty Release" has been issued by the appropriate governmental agencies APPROPRIATIONS (.IMI "I" _COMMUNTrY FACILITILS DIS'IRICr An appropriations limn tit 51.70I,IMM) is prnryned li r the Community Facilmes Distncl as delined in Subsection Ih) of Section g of Article XIIIB of the Cahtumix C'unmaution l'hcappropriations limit shall Msublecttuannualadlust - ment far changes in cost of living :Ind changes tit population as defined in Section 79111 of the Clovcrnmcnt Code RI: )R"I' For further particulars tin the lumgmng, reference is made tit the Anxnded Repon tin file in the ol'tice of the Secretary of the Foothill 1 -ire Pnneaun Disiricl- • • • Maximum Annual Maximmn Annual Amoum of Stramacl S tat lax Rate S coal lase) Residential $45 per dwelling unit S45 per dwelling non Commerical S45 per acre and SO (12 per 551X) per acre square fool Industrial $45 per acre and $0.03 per 5610 Per acre square fund ANNUAL ADJUS"IMEN'I SERV ICLS 'TAX_ "I 'he max ... mm Sefxnces'fax is subject In annual adjustment for changes in cost tit living and change. of, Pipulanun :es defined ur Section 7901 of the Govemmcut Code RB ARTION I-A( "11.1.1 -IFS TAX AND SERVICES TAX C'ununeraal and indusm:J stmcmres shall be granted a reduction in Facill- lie, 1,.x and Services "I 'ax for die tiismllatiun tit complele sprinkler symems. In addition. mull floor cummeretal and oultemnal structures shall be granted u reduction in Fxilmes'I :n and Services lax lureach separale ILnr above ufbelow the inam ground floor of the slmcture LIMIT At IONS TAX LEVY The Facilities Tax and Services Tax shall only be levied on developed property; provided thus neither the Fan Wics'fax nor Services Tax shall be levied until a "Certificate of Occupam:y"' ur " (Jkhty Release" has been issued by the appropriate governmental agencies APPROPRIATIONS (.IMI "I" _COMMUNTrY FACILITILS DIS'IRICr An appropriations limn tit 51.70I,IMM) is prnryned li r the Community Facilmes Distncl as delined in Subsection Ih) of Section g of Article XIIIB of the Cahtumix C'unmaution l'hcappropriations limit shall Msublecttuannualadlust - ment far changes in cost of living :Ind changes tit population as defined in Section 79111 of the Clovcrnmcnt Code RI: )R"I' For further particulars tin the lumgmng, reference is made tit the Anxnded Repon tin file in the ol'tice of the Secretary of the Foothill 1 -ire Pnneaun Disiricl- • • • Lr E IMPARTIAL ANALYSIS COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA NO. I OF FOOTHILL FIRE PROTECTION DISTRICT Pnrsuam lit the Mello Rows ('onuuunily Faalulcs Aa nl 1982, ummmnc mg with Senuxl 51111 01 the Gmemnent (Mile. the hwVhdl lie 11 u.CC11Ur1 Ihs(rict Ithe °I)wrnf " I to authunrcd Iu e,lahh,h a (lmununits Izd,hies Ds,, and Inlpnrvcnem Arca to pnntdc his +upprrsslon lanlnes uhc "'Faclllucs "') and fire suppcseon ervrce, she "Scrvees "l. the Servucs nal h' paid by fie annual Irvy oh sp:oal tax Uhc "'Sea tes l "m "I :mJ the Fa ihue+ nedy M paid ht by the annual Icvy of a .pedal ma or by mcnnmg Mnulnl mdeinedne, wetted by a special lax (the "I aaldle +Tax "I.'The Dolma nla) a %lahll.h an apprupnalwn. Lunn for the ('onlnundy F:ethnes District The Di -strict has e- sfaAhshed a ('.innnun ly IanI.Iml DI1lrlel and Ingnove mein Area to finance Services arld Faa fines u+nwel mcrea.ed denfands eauwJ by new development The hmndanes of the Comnnnily Facihllc% Minuet and Improvement Area am cu lereninus.'The yualdied clecoi, will vote on a props tom fora maxlmuen annual Service + "1'ax. subject to annual adpnnttn1 for cost lit living and population. an appropriations limn of S 1.7C0311MI to the Commonly FacrhTfes District, subject lm annual adjaslmmru fort cuss of by ng and population, a maximum annual Facibties Tax. and horded indchedness in flit seism ul S5.IMM10111), secured by the Facdines lax The maximum annual special taxes am wnununied as follows Servfacs Tax 0 0 Facillllcs � "tax Mau norm Annual hlavnuun Annual Amount of Maximum Annual Anmunl 0 surn,ture, Spee'tal Tax Rule Spec ml Taxes Restdcntial $ W per dwelling unit $ Ill pr dwdhnn n Commercial $ If) per dwelling unit plus S4011 per acre $0 02 per square hw+t Industrial $11) per dwelling unit plus $51X1 per acre SO 02 Per square fowl 0 0 Facillllcs � "tax ('unmwmnl $a5 per acre and $0 02 per 551X) per acre square hNN Induw+al $a5 per acre and $0 01 per $NX) per acre square Ilan the hinh may tic issued of different writs end at ddlemnt limes, fur a maanmm Irnn of nut exceed 411 ycm and of a the maximum rate of interest not to excccd 121'8 per annum or the mannnm rate Ixnnnled by law at the fine of cute of the 1Xmds As set lonh to the `Amended Yngmttr. I ax Apportionment Repro ", the specml lam, are subject lit certain lunnauuns. First, neither the Services "I "ax nor Fanlike, 'lax xhall he Ieved upon a parcel of property unul a. "cendicate al tcatpancy" or "utility release" has been issued by the appropriate authorities, that o. neither tax may be III on vacant land and second, hlh special taxes shall be reduced hl connimrcixl andhl Industrial amcture, with full sprinkler systems or mein -n oors prior to The adoption of each annual budget, the District has pledged to exhaust all other sources tit revenue before levying any special taz- Funhennure, the brarfct has connuded In an annexation policy reorder In reduce the moount of any special tax by spreading The cash of services and facilities an future developmenl NN:AREK, HARPER, HOPKINS A WFARLIN By. Al Fugt A. Nararck - Special Counsel Poodnil lire protection District Mau norm Annual Max unum Annual Amount of Suucnucs Special Tax Rate Special faxes Rotdenlad $i5 per dwelling unit $45 per dwelling unit ('unmwmnl $a5 per acre and $0 02 per 551X) per acre square hNN Induw+al $a5 per acre and $0 01 per $NX) per acre square Ilan the hinh may tic issued of different writs end at ddlemnt limes, fur a maanmm Irnn of nut exceed 411 ycm and of a the maximum rate of interest not to excccd 121'8 per annum or the mannnm rate Ixnnnled by law at the fine of cute of the 1Xmds As set lonh to the `Amended Yngmttr. I ax Apportionment Repro ", the specml lam, are subject lit certain lunnauuns. First, neither the Services "I "ax nor Fanlike, 'lax xhall he Ieved upon a parcel of property unul a. "cendicate al tcatpancy" or "utility release" has been issued by the appropriate authorities, that o. neither tax may be III on vacant land and second, hlh special taxes shall be reduced hl connimrcixl andhl Industrial amcture, with full sprinkler systems or mein -n oors prior to The adoption of each annual budget, the District has pledged to exhaust all other sources tit revenue before levying any special taz- Funhennure, the brarfct has connuded In an annexation policy reorder In reduce the moount of any special tax by spreading The cash of services and facilities an future developmenl NN:AREK, HARPER, HOPKINS A WFARLIN By. Al Fugt A. Nararck - Special Counsel Poodnil lire protection District ARGUMENT IN FAVOR OF COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA NO. 1 OF FOOTHILL FIRE PROTECTION _DISTRICT The Frwnhlll Fue Niaccuon Uhanm (thc "1 h.tnsh ") ha. Itnnrd ., ('con .unity Fa'Ihne. Uh.utn :cod Ingxosvmem Asa No I. punaanl n, the Atvllo Rule+( ........ sandy Iaahue. Ail ill 14%22 The need exist, (I, espand and uupn wr the I is, pruls tun cgtaht W Is,. x,thm [Im Comnmmty Iacthrms Uhslnn Alcor pls.nge of 1'nq>,r.aw 111, the Ununt has con had the ability m [unit . dp,IA unprolemenh ur Iu expand nlanpnwer and uperauuni m keep pass, with gaswth the ('untnumfy laulne+ Ihancl wdl Frnvldermededlnndmgbv.rspeaalcu lur caplyd unprovanenh;mJ.ervhn•s As pan nl the annual budget pare.., the lluaat ill Utreanrs has pledged It uldvc.dl oher amrce. ill revem¢ n. weer Ilnanaal need. twlure nnlrnmg any syeaal tav In atWnton. the Board of Dwe,h rs x dl unplcment an annexarun pthq which will reduce the impact of any +penal tax by spreading cu.l among other landowner. as grrwth (recurs INC speu.d nu wdl nut apply to saeant land. but only to I: and currently developed ur drvcluped m the hunts, I urthemuve. cummeraal and Industrial huddmgs with sprinkler sy.lnm andlur much- Ibtors will he (axed at a reduced rate. The District reeogmres the lentils sit eunlmued growth- to meet tills gruwth. the Board of Omectun has demnnmed (hilt the ('ummumty Paahuvs Distinct is the nurst equitable nmtMrd 4Vallabll' lu aswre the I Inannxl abduy ill the Dear m to pruvhde necessary ire and Ice .alet, panecuoo We .mangy rcm.m mend the Cummunny Faethncs Otanrl and Ingmrvcmcnt Area No I We eneourage your support and a "YFS" vote JOHN R LYONS KEVIN P 1:(i(;[ L`i[ON D..,ar rent" 1 SI EPBhN Will-A 11.1Y Utrenur ARGUMENT AGAINST (Norte Flied) • • • • \J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 C'CANp �J yC Gi 13 1977 JI TO: Mayor, Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: APPEAL OF PLANNING COMMISSION DECISION DENYING CONDITIONAL U E PERMIT 84- 3 - SYCAMORE INVESTMENTS - The development Mf a square foot commercial shopping center with retail shops, fast food restaurant, and gasoline service station /convenience market on 5.44 acres of land in the Neighborhood Commerical District located on the northeast corner of Archibald and Base Line - APN 202- 181 -27. SUMMARY: The Planning Commission, at its meeting of August 22, 1984, held a public hearing to consider the above- described convenience commercial center. The primary issues discussed by the Planning Commission and the findings for the project's denial were: o Lack of pedestrian orientation /amenities o Strip commercial versus group of organized uses and structures o Lack of a strong, consistent architectural theme. At .the Commission hearing the applicant presented a revised site plan that added benches within planter fingers, bike racks, and texturized pedestrian crossings. Further, a revised elevation for building "A" was presented that was "stepped" to follow natural grade. However, the Commission felt that these changes were minimal and did not address the significance of the design issues and problems. Basically, the Commission's consensus was that the overall site plan and architectural design concept needed substantial changes to comply with the City's adopted policies and design goals for a convenience commercial center. The attached photographs, Exhibits A -1 and A -2, illustrate the design features required by the City's Development Code and General Plan. The two commercial centers pictured contain uses representative of a convenience center (e.g., cleaners, hairdressers, shoe repair, take -out restaurants /delicatessens, etc). Both centers feature well - planned pedestrian orientation with plazas and seating areas, landscaped open areas, bicycle racks and human scale design. Store fronts are varied with bay window displays and recessed entries. /U'� CITY COUNCIL STAFF REPORT Appeal - CUP 84 -13 /Sycamore Investments October 17, 1984 Page 2 E Attached for your review and consideration is the Planning Commission staff report which fully outlines the applicable policies and issues. Also attached is a copy of the Resolution of Denial and Minutes of the August 22, 1984 meeting. RECOMMENDATION: The Planning Commission recommends denial of the project ased upon the findings and facts contained within the Resolution of Denial. Restkctfully subq.U"d, 77 �\ Rick G ez r CC ty P 4G: DC: jr attachments: Appeal Letter II Exhibit "A -1" - Photographs Exhibit "A -2" - Photographs • Planning Commission Staff Report Planning Commission Minutes Planning Commission Resolution of Denial • 1y, Mayor Ton D. Mikels and Members of City Council 9320 Baseline Road, Suite C Post Office Box 807 Rancho Cucamonga, CA 91730 SACK TARR DEI'EIDPMENT COMPANY August 27, 1984 RE: Conditional Use Permit 84 -13 sycamore Investments NEC Baseline and Archibald Rancho Cucamonga, CA Dear Mr. Mikels and Council Members, I an hereby filing an appeal request for the August 22, 1984, planning commis- sion decision to deny Sycamore Investments' Conditional Use Permit 84 -13. Enclosed, please find my check number 148, dated August 27, 1984 in the amount • of 5128.00 for the appeal fee. Our reasons for requesting this appeal are as follows: 49 1. We feel that the proposed use is in accord with the general plan, the objectives of the development code, and the ourposes of the dis- trict in which the site is located. 2. We feel that the proposed use, together with the conditions applicable - hereto, will not be detrimental to the public health, Safety, or welfare or materially injurious to the properties or improvements in the vicinity. 3. tie feel the proposed use complies with each of the applicable provi- sions of the development code. 4. We feel the proposed site is consistant with the policies and intent of the general plan regarding pedestrians /bicycle orientation, and the development code section 17.10.030 F5(E) requiring vehicular and pedestrian coordination. 5. We feel the proposed site is consistent with the development code section 17.10.030 F5(B) that requires shopping centers to be "planned" as a group of organized uses and structures ". pie, /0 0 Mayor Jon D. Mikels and Members of City Council August 27, 1984 Page 2 G. We feel the proposed architecture is consistent with the intent and purpose of development code section 17.10.060 C2(A) requiring a recog- nizable design theme that is harmonious with surrounding developments. 7, we are happy to comply with the landscaping policies of the general plan and development code section 17.10.040 C(2s3) requiring a certain number and location of trees within the parking lots and against buildings. S. The proposed site plan is consistant with the development code section 17.12.040 C141 requiring provision of locking bicycle facilities. Please note that we have provided such locking bicycle facilities in three areas. Please note that neither the members of the planning commission nor the planning staff have provided us with specific objective reasons to substantiate their opinion that our project does not meet the requirements of the general pla and development code, Thank you for accepting our appeal. cc: Mark Haines Saundra Haynes Mike Murphy Stan Weatfall CJT /sr Enclosures �/7 Respectfully submitted, JACK TARR DEVELOPMENT COMPANY FOR SYCAMORE INVESTMENTS Ch 1 General Partner i ny Ilk 11 =A -� lq y �, v ^.C:xC+it+' lRa 1� py � r • IN + rj 711 ` !� ,��• mod. ��:CY 0 • 49 I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of site plan, elevations, and issuance of a Negative Declaration. 8. Purpose: Development of a shopping center. C. Location: Northeast corner of Archibald and Base Line (Exhibit . D. Parcel Size: 5.44 acres. E. Existing Zoning: Neighborhood Commercial District. F. Existing Land Use: Vacant. G. Surroundin Land Use and Zoning: North - ondomin iums; Medium -High Residential. South - Neighborhood Shopping Center; Neighborhood Commercial. East - Mobile Home Park; Low - Medium Residential. West - Neighborhood Shopping Center and Vacant; Neighborhood Commercial and Office Professional. H. General Plan Besi nations: roject ite - Neighborhood Commercial. North - Medium -High Residential. South - Neighborhood Commercial. East - Low - Medium Residential. West - Neighborhood Commercial and Office Professional. !TIM F STAFF REPORT �4 — F DATE: August 22, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 84 -13 - SYCAMORE INVESTMENTS - The development of a 43,992 sq. t. commercial shopping center with retail shops, fast food restaurant, and gasoline service station /convenience market, on 5.44 acres of land in the Neighborhood Commercial District located on the northeast corner of Archibald and Base Line - APN 202- 181 -27. I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of site plan, elevations, and issuance of a Negative Declaration. 8. Purpose: Development of a shopping center. C. Location: Northeast corner of Archibald and Base Line (Exhibit . D. Parcel Size: 5.44 acres. E. Existing Zoning: Neighborhood Commercial District. F. Existing Land Use: Vacant. G. Surroundin Land Use and Zoning: North - ondomin iums; Medium -High Residential. South - Neighborhood Shopping Center; Neighborhood Commercial. East - Mobile Home Park; Low - Medium Residential. West - Neighborhood Shopping Center and Vacant; Neighborhood Commercial and Office Professional. H. General Plan Besi nations: roject ite - Neighborhood Commercial. North - Medium -High Residential. South - Neighborhood Commercial. East - Low - Medium Residential. West - Neighborhood Commercial and Office Professional. !TIM F PLANNING =AMISS!, STAFF REPORT Environmental Asse»meIt and CUP 94 -13 August 22, 1984 Page 2 • Site Characteristics: The project site is vacant and slopes to the south at approximately a 3 to 4% grade. The site has been rough graded and curbs and gutter are under construction at this time. II. ANALYSIS: General: The applicant is proposing a hybrid between a neighborhood shopping center and a convenience commercial cluster in that the project site is larger than 3 acres, does not contain a major supermarket, and has greater than 30,000 square feet of leasable area. Therefore, it is difficult to categorize this center or define the primary function. Based upon the variety of uses and site plan lavout the proposed protect would appear to function as "strip" convenience commercial. The applicant has indicated the following breakdown of tenant commitments: Building "A" - Retail /Office Building "B" - Del Taco Fast Food Building "C" - Stop N' Go w /Gasoline Building "0" - Retail (Conceptual Only) . Building "E" - Retail (Conceptual Only) B. Issues: The issues associated with this project for the Planning Commission's consideration are: 1. Does the project meet the goals and objectives of the General Plan and Development Code for a commercial center? 2. Is the proposed architectural design consistent with the objectives of the General Plan and Development Code? The first issue relates to site planning and the placement of the bu ildin s, The General Plan describes convenience commerclal as "freestanding (buildings) or organized into a small cluster .. within convenient walking distance or bike ride from the intended uses of the businesses." Therefore a Pedestrian/bicycle orientation versus automobile orientation (associated with strip commercial) is encouraged. The Development Code shopping center criteria require that "vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system Further, the Development Code is more specific in terms of site planning and requires that the center be "planned iup of organized uses and structures." The proposed site pan, Exhibit "A ", indicates a combination of strip commercial (Building "A ") and freestanding buildings (Buildings "B ", "C ", "D ", and E "). The • building locations appear disjointed and discourage pedestrian • PLANNING COMM ISS i; ,T ;FF REPORT EEnvironmental Assessment and CUP 94 -13 August 22, 1994 Page 3 orientation due to its automobile orientation and disorganized interior circul- ation. Attached for your consideration are excerpts from the General Plan Community Design Element regarding pedestrian- oriented design elements that should be encouraged within commercial facilities. Build inq placement should be des igned to create laza5 and landscaped nuen soace5 tnte rated Wlth pedestrian wa xs an enches. Further, bicycle storage facilities should Fe provided and relate to the future community bicycle trails along Archibald and Base Line. The second issue concerns the lack of a strong architectural desn for the proposed project. The proposed elevations reflect minimal design quality -- buildings appear as boxes with false canopies tacked on, as shown in Exhibits "G ", "W and "I ". Further, the architectural style is reminiscent of typical Southern California shopping center design -- large stucco masses, mission tile roof mansards and minimal wood trim. • C. Des iqn Review Committee: The Committee recognized the difficulty of site planning on this V'- shaped parcel; however, expressed concern that the site plan does not meet the intent of the General Plan and Development Code to provide an organized pedestrian-oriented center. The Committee described the site plan as "fragmented" and that the five buildings appear as separate "islands ". Further, the Committee felt that Building C should be reversed to screen gas pumps from the intersection. The Committee recommended revis inq the entire - site Dian cone e t to rovide ed estrian orientation through clustering bui dipgs to Create open p dZdS Wlth 5e at1n0 areas connectin edestrian walks and im rovin the interior ctrcu a[ion pattern to promote pedestrian access, he revised site plan, Exhibit "A ", added texturized pedestrian crosswalks and reversed the Stop N' Go Building C. The revisions are minimal and do not address the issue of providing an overall pedestrian- oriented site plan. In terms of architecture, the Committee expressed concern that the proposed design does not meet the intent of the General Plan and Development Code. The Committee described the architecture as "routine" and that buildings appear as "boxes with tile roof tacked on ". Further, the proposed architecture has not been consistently used throughout. The Committee recommended redesigning the entire architectural concept to provide a stronger architectural des iqn and enhanced through extensive andscaping treatment. Again, the revised elevations are minimal and do not address the Committee's concerns. �J, PLANNING COMMISSICj TAFF REPORT Environmental Assessment and CUP 84 -13 August 22, 1984 Page 4 • The Committee concurred with the Traffic Division's recommendation that the site plan should be revised to comply with the City's access control policies for major arterials through reducing the number of driveways and relocating certain driveways to eliminate traffic conflicts. D. Grading Committee: The Grading Committee was concerned with the cross -slope gradients on driveway aisles and the slopes created as a result of providing a flat pad for Building "A" The Committee recommended that cross - slopes on driveway aisles be 4% or less, except in the case of specific corridors which do not have adjacent parking. To facilitate this, the Committee recommended that Building "A" be stepped down as much as two feet along its length. An example of this grading technique is shown in Exhibit "L ". It appears that there could be a slope between the drive thru and the parking area south of Building B, with a drive corridor to the west of Buildings A & 8 with no adjacent parking. Therefore, the "Grading Committee did not approve the conceptual grading plan based upon the need for these revisions. A revised grading plan, Exhibit "F ", has been submitted that addresses some of these concerns, but has not been approved by the Committee. • E. Technical Review Committee, The Cucamonga County Water District indicated that the maximum available fire flow is 2,335 gallons per minute. However, the Foothill Fire District will require 3,500 GPM fire flow. The deficiency between the available and the required fire flow may be mitigated through sprinklering of buildings, subject to negotiation with the Foothill Fire District. The Sheriff's Department was concerned that the number and location of driveway entrances would create additional traffic hazards on Archibald and Base Line. F. Environmental Assessment: Part I of the Initial Study has been complete by the app icant and is attached for your review. Staff completed the Environmental Checklist, visited the site, and reviewed the traffic study. Based upon this review, staff has determined that the project could have the following significant adverse environmental impact: Imoact: The site plan proposes driveway entrances that conflict with City adopted access control policies which could result in an increase in traffic hazards. M iti atian: The site plan should be revised to eliminate and /or re ocate driveways to conform to access control Policies, as shown in Figure 2 of the attached staff report. • • PLANNING COMMISSIG TAFF REPORT Environmental Assessment and CUP 84 -13 August 22, 1984 Page 3 III. FACTS FOR FINDIIGS: In considering a Conditional Use Permit, the Planning Commissidn must :hake the findings listed in the attached Resolution. However, it is the recommendation of the Design Review Committee and staff that the proposed project does not meet these findings. Therefore, the findings listed in the attached Resolution of Denial were supported by the following facts: 1. The proposed site plan is inconsistent with the policies and intent of the General Plan regarding pedestrian /bicycle orientation, and Development Code Section 17.10.030 F5(e) requiring vehicular and Pedestrian coordination. 2. The proposed site plan is inconsistent with Development Code Section 17.10.030 F5(b) that requires shopping centers to he "planned as a group of organized uses and structures ". 3. The proposed site plan is inconsistent with the landscaping policies of the General Plan and Development Code Section 17.10.040 C2 and 3 requiring a certain number and location of trees within parking lots and against buildings. • 4. The proposed site plan is inconsistent with Development Code Section 17.12.040 C4 requiring provision of locking bicycle facilities. IV. CORRESPONDENCE: This item has been advertised as a public hearing in The Daily Report newspaper, the property posted, and notices were sent to property owners within 300 feet of the project site. To date, no correspondence has been received either for or against this project. RECOMMENDATION: The Design Review Committee, Technical Review Committee and Staff recommend that the project be denied based upon the conflict with the intent and purpose of the General Plan and Development Code. Further, it is recommended that the Planning Commission give the applicant specific direction to revise the site plan, architecture, and grading concepts for review by the appropriate Committees and be sent back to the Planning Commission for its approval. ,ctfvTly submitted, 19 / RG:DC;ns ,SJ PLANNING COM%IISSI' STAFF REPORT Environmental Asse- .,ment and CUP 84 -13 August 22, 1984 Page o Attachments: Exhibit "A" - Location Mao Exhibit "B" - Site Utilization Map Exhibit "C" - Radius Maps Exhibit "0" - Site Plan Exhibit "E" - Landscape Plan Exhibit "F" - Grading Plan Exhibit "G" - Building "A" Elevations Exhibit "H" - Building "8" Elevations Exhibit "I" - Building "C" Elevations Exhibit "J" - TT 11797 Elevations Exhibit "K" - Pedestrian Orientation Exhibit "L" - Grading /Landscape Examples Exhibit "M" - General Plan Access Policies Exhibit "N" - General Plan Design Policies Exhibit "0" - Development Code Design Criteria Addendum Staff Report on Access /Traffic Initial Study, Part I Resolution of Denial • • IL • I� L - --- QA V L�--- J,-- _'--- .�.-.j �i y Lj NORTH CITY OP ITEM: ® RANCHO CLCAMONGA TITLE: /�GAT�DAI Mf�p PLANNING DIVISION MIMIT __SCALE: _ /�± Z t 1 Il' I a a VI �-- NORTH CITY OF ITEM: C:+ P.�4 �l3 • RANCHO CLCAMONGA TITLE 5 tITINZA O 1 PLANNING DIVISION W41111T _ _ SCALE: 0 ,r u . 12577 <I.; 1 Y N'� 1 i Y� v4c V-",Us N 8l 4 d-i's I(ZMiIE- yaIo" 2 ZCC) � '5 CITY OF RANCHO C>rG1JIONGA PLANNING DIVISION � m _ NORTH ITEM: _(AJ p Q4 -a TITLE ,l-�,AOj L e� MAr °i? EXIMAT: _r— SCALE -45--Z . /k.PN; pew ; j!C _ �� --, -5.. _ is _ — _�_ •„�; ..— -.�� /l�ccln NORTH 0 • CITY OF ITEM: OA RANCI -10 CL'GIJIONCA TITLE: SITfr PLArIJ_ • PLANNING DIVISION EXHIBIT SCALE TREES S"Rugs GROUND COVER 18 1797 �- ^,oA G 2, v- o z C�-V NORTH CITY OF - - ITEM: ��Jf> 119 RANCHO CUCt"10�N GA TITLE 2 4c PLANNING DIV[SION EXI HINT: SCALE: 0 NORTH CITY OF ITEM: P 8 RANCHO CUC- kNIONGA TITLE r- wAUfjc" • PL4NNING DIVISION E\I11131T:_ SCALE: 0 E !' a `1 r.-:. S. i�. �I r _ NORTH ITEN 1: t TITLE: . w A SCALE, I • LCOewo ltj -- ..._ .........r.. - _ - F� y a �•-. r....•.._.. I �_ Y CITY OF ITEM: RANCHO Ci;CAj%IO \GA TITLE PLLNNI \G DIVISION E\IIIfi • � �� A ... ��p.ao- .m• AI i4'.e V \O )RTH t4-of) x4-15 IT: --- K._SG \LE _ •' .Z vvr r.3n. • LCOewo ltj -- ..._ .........r.. - _ - F� y a �•-. r....•.._.. I �_ Y CITY OF ITEM: RANCHO Ci;CAj%IO \GA TITLE PLLNNI \G DIVISION E\IIIfi • � �� A ... ��p.ao- .m• AI i4'.e V \O )RTH t4-of) x4-15 IT: --- K._SG \LE _ 0 • ll 'Z,TOt' n CAO S4/ --'Y.,, I r e, C w I . ✓I P-j e �N 1- 11-1 NORTH CITY OF ITENI; rl-R94-ts dft� 19 RANCHO CUCAMONGA TITLE: —m.-rLA2r" ec. PLANNING DIVISION EXHIBM T SCALE;'— n �77 �p F." •.�.`- .i..: :'ct i� ^tat °..i fT .v a • it V NORTH CITY OF ITEM: �'.ta� S�4'ra • RANCHO CLCANIO'NC,A TITLE- PLANNING DIVISION EXHIBIT IT SGILE IVMM-. 1 ice AT kd:. v 4 , , ir r n U 0 NORTI I CITY OF rrh.�I: _ - L3 RANCHO CLGINIONGA TITLE 0 PLANNING DIVISION L\IIIIiIT _SCALE "-i ERAL PLAN .CEKPTS - ACCtiS CONT.iDL POLICIn_ • Access o In order to insure the effectiveness and capacity of arterials it will be necessary to establish and enforce rigid access control policies. These controls are currently in p hd effect under the provisions of Planning Commission Resolution No. 78 -29. - Non access to all arterials shall be dedi- cated to the City wherever Suitable alternative access may be developed from local or collector streets. - Where access must be granted to an arterial, said access shall be limited to one point for 30o feet of frontage or one paint per parcel with less than 300 feet of frontage. It is the intent of the pol- icy to establish a minimum 300 foot spac- ing between driveways. Combined access to arterials between adjacent properties shall be encouraged wherever possible to reduce the number q.� of encroachments. • - Access points shall wherever possible be located a m.i...num of 100 feet from the back of curb returns at intersections on 4 lane or wider highways. - Where otherwise compatible with this Policy, access shall be located opposite existing of planned points on the oppo- site side of the street. In addition to the controls outlined in Planning Commission Resolution No. 78 -29, restriction to median island breaks and left turn access shall be limited to approximately quarter mile spacings on the following major divided arterials: Haven Avenue, Foothill Boule- vard, Milliken Avenue, and Fourth Street. '/ V� jug III EXCERPTS FROM SENMIL FL�6 Tnnl . -LATE u... .:AL C..i Trq La;dll o Neighborhood Commercial Centers should be desrdnea as human -sca:e. petlest iron • ?. 1S6 onenled commercial areas. The fodawmg guidelines should be considered during the planning and design dt centers. 9uddmg designs Should avoitl expanses of blank walls. Small, locally owned tai mess as should be encoura;ed. The stra,boaoe should be designed to encourage pedestrian use, including such elements as small pedestrian activity areas with sun and shade, drinking tcuntarns, be o"i public toledhones, ' train receptacles and newspaper Stand%. - Criteria for selecting street furniture Should inclutle curability, ease Of main- tenance, consistency of materials and Innis, ease of use for the pT,,cally Cuapled, and aestAetms. Paving malenals should be used to reinforce the special character of the Center. Use of a different material than concrete, e.g., brick pavers or differ- ent. Incorporated rn• oublrc spaces should be the use of natural or predominantly local landscape materials such as rock, native vegetation, vine or :trus trees. Treat- ments of concrete e.g. aggregate, • coon, texture or scoring, Can extend into the street in the form of crosswalks and unto the entrances of shops to create an overall unity. Street lighting shcu:d be + rued in a Jar sum manner at Inc center, and design should enhance Ivstor "C communities identity. Centers should be more brightly Illuminated than surrounding areas. This can be ocT-eved by reduc- ing the spacing bet,li standards, adding an adtlmcnal fixture an each Conventional standard at a lower level, or adding wall- mounted fixtures to illuminate the facades and entries to snaps. - Each district and ne,gnborhocd Center should be dsveloced us express the P. 162 City's values Cpncermrg energy, the importonce Of ITe rnd: vidle. and the City's history by relying on energy - eff,ci eu.manxare design with an hISIC /IC Character, ow(PlT W a 11 t EXCERPTS FROM DEVELOPMENT CODE SHOPPING CENTER DESIGN CRITERIA • Section 17.10.030 5. Shopping Centers. To ensure that the goals and policies of the General Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered; (a) The transition from more sensitive land uses and buffering methods to mitigate commercial activities such as loading, lighting, and trash collection; (b) The center has been planned as a group of organized uses and structures; (c) The center is designed with one theme, with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); C(d) The center makes provisions for consistent maintenance, reciprocal access and reciprocal parking; (e) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system; and • (f) The development or approval of any portion of a center shall require the development of a conceptual development plan which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage /grading, buffers, phased improvements and landscaping. E 6XNIBiT 10' 0 E `i t DATE: August 22, 1984 - f CITY OF RANCHO CUCAMONGA STAFF REPORT TO: Planning Commission FROM: Paul A. Rougeau, Senior Civil Engineer GAO C�U`f"fO,yq ^I I a O 1977 SUBJECT: C.U.P. 84 -14 - SYCAMORE INVEST.4ENTS - NORTHEAST CORNER OF ARCHIBALD AND BASE LINE R AD The shopping center being proposed under the C.U.P. referenced above presents unique circulation problems worthy of special attention by the Commission. When originally submitted, the plan showed a total of nine driveways - five on Archibald and four on Base Line. A traffic study was conducted by the applicant's consultant which recommended the elimination of two driveways and strongly indicated that two more could be removed with no effect on internal circulation. The developer has proposed a center using five driveways in accordance with this. The traffic report has also examined the effect of the traffic generated by this project upon the intersection and found that it and other pending projects in the area would not overload the intersection at this time. What the report does not fully address is the impact upon Archibald Avenue operation of the number and location of the driveways there. The City Traffic Engineering Staff recommends strongly that there should be no more than two driveways on Archibald Avenue in compliance with the Access Policy with one of them being at the far north end of the project to relieve a site design problem there. The southerly driveway should be as far north as possible to avoid intersection interference and to avoid left turn conflicts in the center turn lane. This location would also directly serve an interior traffic aisle. There is concern by the developer that a single southerly driveway would cause internal circulation blockage, however, in comparison with the need to prevent poor operation on the busy public street, such blockage is the lesser of the two evils. The anticipated driveway volumes are such that City Staff feels that the blockage would be minimal, even during peak hours. Also, further mitigation is possible by using a wider driveway. The operation of Archibaad Avenue here will be critcal to the City's circulation. The Commission is urged to consider this in its deliberation on the shopping center's access. Increasing pressures for multiple access to serve fragmented "centers" are being experienced. These recent proposals are attempting to use public streets for circulation which should be internal to a project and must be resisted to safeguard the adopted Access Policy and to strengthen it on critical streets. PLANNING COMMISION STAf�_ .VORT C.U.P. 84 -13 - Sycamore Investments August 22, 1984 Page 2 An interesting example of the amount of access necessary to serve shoppers is found in the Regional Center, which proposes a total of only five driveway entrances. Please refer to the attached plans for a comparison of developer and staff proposals for the center in questions. Respectfully submitted, PAR:Saa Attachments • • %7 lv"A y c N/ mo ----------- - - is poor " os,4L 1A' FIG Ary ; are oi�jiwrl Cka�14 01r;vewo 55 SITE PLAtj JUSTIN F. FARMER 3 iRAPiSPORTATION' Y.NrINEERS r.... O7": 7E W".b SITE PLAN JUSTIN' F. FARMER 3 T RANSPORTATION ENGINEERS I 0 CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report • should be supplied by the applicant giving further informa- tion concerning the proposed project. COMMERCIAL DEVELOPMENT PROJECT TITLE: NEC BASELINE ROAD & ARCHIBALD AVENUE APPLICA.NT'S NAME, ADDRESS, TELEPHONE: SYCAMORE INVESTMENTS 4770 CAMPUS DRIVE, SUITE 220 NEIPORT BEACH, CALIFORNIA 92660 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: MR. JACK TARR (714)476 -2434 LOCATION OF PROJECT (STREET ADDRESS AND ASSEcSOR PARCEL NO.) NEC BASELINE ROAD & ARCHIBALD AVENUE 0202- 181 -27 LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: BUILDING PERMITS - CITY OF RANCHO CUCAMONGA GRADING PERMIT - CITY OF RANCHO CUCAMONGA I -1 PROJECT DESCRIPTION A CO:,IDIERCIAL DEVELOPNIENT WITH ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF A-NY: t 5.44 ACRES PROJECT AREA. APPROX. 43,992 SQ. FT. ^ 7RC ?OSED BLDG. AREA. DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES) , ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? NO. 11 I -2 • WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground contours? X 2. Create a substantial change in existing noise or vibration? X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existing zoning or general plan designations? X 5. Remove any existing trees? How many? X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? • Explanation of any YES answers above IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. N.A. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development Review Committee. SYCAIyO&$— INVESTMENTS Date % i /l Signature JACK TARR Is Title GENERAL PARTNER I- 3 Chairman Stout asked what the expectations are for the out parcel. . Tim Beedle, Senior Planner, replied that any alterations would 'nave to tom back to the Commission in the form of a Conditional Use Permit. Ted Hopson, Assistant City Attorney, stated that the site plan is re fl Led in Exhibit "B" of the ?Tanning Commission staff report and any alt Lions to that plan would be required to be reviewed by the Commission. Commissioner Barker asked if there should be a condition for he stub streets. Lloyd Hobbs, City Engineer, replied that a condit' n should be added to address the stub streets. Chairman Stout requested that a condition be laced on the resolution which clarified that any development or lightin of the fields on the back parcel would to required to come back before th Commission. Motion: Moved by Rempel, seconded y Chitiea, unanimously carried, to issue a Negative Declaration and adopt a Resolution approving Conditional Use Permit 84 -09 with additional cond' ons to require any changes such as lights or buildings on the rear par to return to the Planning Commission for review, and that streets dead nding into this site are to be cul -de -sacs or other means to the satisf ion of the City Engineer. AYES: '' ,MISSIONERS: REMPEL, CHITIEA, BARKER, MCNIEL, STOUT • NOES: COMMISSIONERS: NONE AB T: COMMISSIONERS: NONE - carried F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 84 -13 - SYCAMORE lNVE T,tENiS - The development of a 43,992 Square foot commercial shopping center with retail shops, fast food restaurant, and gasoline service station /convenience market on 5.444 acres of land in the Neighborhood Commercial district located on tine northeast corner of Archibald and Base Line - APN 202 - 181 -27. Dan Coleman, Associate Planner, reviewed the staff report. Chairman Stout opened the public hearing. dan Kraus presented the site plan for the applicant, which she stated met the Design Review Committee and staff recommendations. Bart Stryker, Stryker Engineering, presented a second grading plan which in his opinion mitigated the Grading Committee's concerns. • Planning Commission Minutes -5- August 22, 1984 Chairman Stout closed the public hearing • Commissioner Chitiea stated concerns with another commercial center at that location and the safety of pedestrian walkways within the project. She additionally stated that the Del Taco architecture did not match the rest of the center. Commissioner McNiel stated that based on the history of this site, he would have expected a much better design and that he was disappointed in that this project seems to be a very efficiently designed strip center. He agreed that the pedestrian access seemed hazardous. Chairman Stout stated t'nat the project seems to be 5 separate buildings with nothing which connects them in theme, shape or form and looks like a strip commercial center. He agreed with Commissioner Chitiea in that the design of the Del Taco does not fit in with the rest of the center and also expressed concerns with the pedestrian access in light of the adjacent proposed senior citizen project. Commissioner Barker agreed that this project does not fulfill the objective of being pedestrian - oriented. Commissioner Rempel stated that this is not going to be a center where a person will spend a lot of time, but one where an item or two is purchased and then you leave. He agreed that the Del Taco does not echo the theme of the rest of the center. He also stated that adequate provisions for pedestrian access exist in the center, but suggested that more benches be added and • recommended that the walkway from the Del Taco into the project be more defined. Also, that the south driveway onto Base Line should line up with the Albertson's driveway. Motion: Moved by Chitiea, seconded by Barker, carried, to deny the Conditional Use Permit 84 -13. AYES: COMMISSIONERS: CHITIEA, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: REMPEL ABSENT: COMMISSIONERS: NONE - carried Commissioner Rempel stated No because he felt the concerns could be mitigated. 8:30 - Planning Commission Recessed 8:40 - Planning Commission Reconvened . + « . . Planning Commission Minutes -6- August 22, 1984 f ( t, RESOLUTION NO. 34 -83 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. CUP 84 -13 FOR A SHOPPING CENTER LOCATED ON THE NORTHEAST CORNER OF ARCHIBALD AND BASE- LINE IN THE NEIGHBORHOOD COMMERCIAL DISTRICT WHEREAS, on the 9th day of July, 1984, a complete application was filed by Sycamore Investments for review of the above - described project; and 'dHEREAS, on the 22nd day of August, 1984 the Rancho Cucamonga Planning Commission held a public hearing to consider the above - described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following findings cannot be met: 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. • 2. That the proposed use, toaether with the conditions applicable thereto, gill not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Code. SECTION 2: That Conditional Use Permit No. 84 -13 is denied based upon the follo.ving facts: I. The proposed site plan is inconsistent with the policies and intent of the General Plan regarding pedestrian /bicycle orientation, and Develooment Code Section 17,10.030 F5(e) requiring vehicular and pedestrian coordination. 2. The proposed site plan is inconsistent with Development Code Section 17.10.030 FS(b) that requires shopping centers to be "planned as a group of organized uses and structures ". 3. The proposed architecture is inconsistent with the intent and purpose of Development Code Section 17.10.060 C2(a) requiring a recognizable design theme that is harmonious to surrounding developments. Resolution No. 84 -83 Page 2 • 4. The proposed site plan is inconsistent with the landscaping Policies of- the General Plan and Development Code Section 17.10.040 C2 and 3 requiring a certain number and location of trees within parking lots and against buildings. 5. The proposed site plan is inconsistent with Development Code Section 17.12.040 C4 requiring provision of locking bicycle facilities. APPROVED AND ADOPTED THIS 22ND DAY OF AUGUST, 1984. PLANNIV�- MMISSION OF THE CITY OF RANCHO CUCAMONGA BY s • 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 renularly 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 22nd day of August, 1984, by the following vote -to -wit: AYES: _ COMMISSIONERS: CHITIEA, BARKER, MCNIEI, STOUT NOES: COMMISSIONERS: REMPEL ABSENT: COMMISSIONERS: NONE • )"% 0 • El I'll/ ! ' ! A 111T1A n VV MQ STAFF REPORT FI�i f DATE: October 17, 19840 1977 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Linda D. Daniels, Associate Planner SUBJECT- APPEAL OF PLANNING COMMISSION DECISION APPROVING PRIVATE OPEN SPACE CREDIT TO THE A -M COMPANY - TENTATIVE TRACT SUMMARY: The Planning Commission, at their meeting of August 22, 98, reviewed a request by A -M Company to grant a park fee credit for private open space being provided in Tract 12414. The Planning Commission determined that the project, which was providing approximately 1.2 acres of private open space, should be eligible for some type of park fee credit. Using the present Ordinance 105- 8 in effect, specifically Section 3(G), the Commission determined that the granting of a 30% park fee reduction was appropriate based on the amount and type of private open space being provided. This 30% fee credit would only apply to the residential building permits issued after August 22, 1984. To date, a total of 21 permits have been issued (June 29, 1984) which leaves 71 more residential units in the tract. The park fee assessment for each residential unit in this tract is $905.52 for a total of $64,291.92 for the remaining 71 units. Based on this remaining park fee total, the 30% credit would equate to a fee reduction of $19,287.58. The developer would, therefore, pay $45,000.34 towards park fees if the 30% credit is approved. At the August 22, 1984 meeting the Planning Commission was made aware of a draft Ordinance 105 -C which also pertained to park fee credits. The Commission understood that this draft Ordinance included criteria which required a development to provide a minimum of three (3) acres of private open space before any form of park fee credit could be allowed. The Commission concluded, however, that this Ordinance 105 -C was not in effect until September 1, 1984 and that Ordinance 105 -B still allowed for the Planning Commission to give credit without having to meet a minimum acreage requirement. Attached for your review and consideration please find support material and background information pertaining to the project and the appeal. CITY COUNCIL STAFF REPORT Aooeal TT 12414 - A -M Company October 17, 1984 • Page 2 II. RECOMMENDATION: The Planning Commission recommends affirmation of their ugust , 1984 decision which granted a 30% park fee credit for Tract 12414. tted, ck RG:LD:jr Attachments: Letter from Councilman Dahl requesting appeal Staff Memorandum dated August 22, 1984 Letter from Haaland S Associates requesting park fee credit Ordinance 105 -B Ordinance 105 -C Composite Map showing entire project and open space proposed Plan for development of largest open space area Planning Commission Minutes of August 22, 1984 • E /n.1 YI CITY OF RANCHO CUCAMONGA Ir Jon D. Mikela •? .v.y.. Q '� I> Cewilnrn4n U Charles J. Buguet 11 Jeffrey King 1977 Richard N. Dahl Pamela J. Wright August 24, 1984 Beverly Authelet, City Clerk City of Rancho Cucamonga P.O. BOX 807 Rancho Cucamonga, California 91730 Reference: Park and Recreation Fee Credit Tract 12414... A -M Company Dear Ms. Authelet: • On Wednesday, August 22, 1984, the Rancho Cucamonga City Planning Commission granted the A -M Company developers of Tract 12414 a credit of 30% against their Park and Recreation Fees as prescribed under section 16.32 of the Rancho Cucamonga Municipal Code. This action in my view is inconsistent with the policy direction on private open space credit by the City Council on August 1, 1984. Therefore, in view of that inconsistency, I wish to appeal the decision of the Planning Commission on the granting of private open space credit to the A -M Company for Tract 12414 at the earliest possible Council date. sincerely, Dick Dahl, City Councilmember DD:bs cc: council Planning Commission City Manager City Planner City Attorney 1� 9770 BASELINE ROAD, SUITE C e POST OFFICE BOX 807 . RANCHO CUCAMONGA, CALIFORNIA 91730 • 17141989 -1951 The applicant for the above tract, A -M Company, has requested that this item be placed on this evening's agenda for Commission discussion regarding Ordinance 105 -C and how it relates to this project. Attached for your review are the following items: 1. Letter from Haaland and Associates, dated August 16, 1984, requesting to be placed on the agenda. 2. Ordinance 105 -B regarding park and recreation land. 3. Ordinance 105 -C regarding Park and Recreational land dedication requirements. 4. Letter from Haaland and Associates, dated July 3, 1984, initial request for park fee reduction. 5. Composite map showing entire project and open space proposed. 6. Plan for development of largest open space area. RG:LD:jr Attachments • • • C CITY OF RANCHO CUCAMONGA pUCAMpti MEMORANDUM? C Y� `D DATE: August 22, 1984 19]] TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Linda D. Daniels, Associ a lanner SUBJECT: PARK AND RECREATION FEE FOR TRACT 12414 - A -M COMPANY The applicant for the above tract, A -M Company, has requested that this item be placed on this evening's agenda for Commission discussion regarding Ordinance 105 -C and how it relates to this project. Attached for your review are the following items: 1. Letter from Haaland and Associates, dated August 16, 1984, requesting to be placed on the agenda. 2. Ordinance 105 -B regarding park and recreation land. 3. Ordinance 105 -C regarding Park and Recreational land dedication requirements. 4. Letter from Haaland and Associates, dated July 3, 1984, initial request for park fee reduction. 5. Composite map showing entire project and open space proposed. 6. Plan for development of largest open space area. RG:LD:jr Attachments • • • Mr, Cennit Stout, Chairman Plann; ^.c .J =fission City of Rancho Cucamonga 9320 Baseline Road Rancho - j:amonga, CA 91730 San Bernardino Office: 440 W. Court St., Suite 305 San Bernardino, CA 92401 (714) 885 -7750 July 3, 1984 Subject: Request for Planning Commission Reconsideration of Park & Recreation :ees for Tract 22414 (Hamilton Ranch) Gentle -e': ilne °tanning Commission approved Tract 12414 on June 10, 1983. It is located no the west side of Beryl Street, south of Mignonette Street. Ninety -two simple- to ^ily, residential homes are planned on the 12.3 acre site. The site plan inclades a common open space /recreational use area which encompasses 1,17 acres. : ntended to provide on -site recreational use for residents of Hamilton Ranch, "n? recreation center consists of a pool and recreation building, tot lot, ang „,tv barbecue area. to the approval of Tract 12414, the City of Rancho Cucamonga has in it'ttea Ya review of its policy concerning the assessment of park and rer,;eat' „na' `ees. This project is an example of the type of situation which prno�sed ?,rd;ozcce No. 105 -C is intended to correct. In a conventional resi?entla' simple- family tract, it is common for the City or local agency to provide developed park spaces near to the neighborhood, In these situations, no on•sit,, recreational facilities are normally provided. fees assessed by the City to a ?v a',d ne'•ehoorhood recreational facilities are intended to be sufficient to res "It open space recreation areas for the population. i 'lancho Cucamonga General Plan, for example, has a goal of 5 acres aar•iand per one thousand residents. This standard is based upon a nat::na` r.. . ,r1 recreation standard, ae request the Planning Commission determine that a credit as provided by Ordinance 10b -C he granted to Tract 12414 for park and recreation fees, based uoor tn,� fnllowinp considerations: 1. -his project exceeds the minimum amount of recreation area for a project o` taus density, consistent with the requirement of Ordinance No. I05. X CIVIL ENGINEERING AND LAND PLANNING Ordinance No. 105 requires the provision of .946'acres of developed open • space /recreational use area for this project. Hamilton Ranch proposes 1.17 acres of developed common recreational area. 2. Maintenance and operation of this recreation area will be financed by the homeowners within Tract 12414, thus lessening the financial responsibility of the City to develop and maintain neighborhood park and recreation facilities of this project. 3. Hamilton Ranch's private recreation and open space, the credit requested herein, and the park and recreation fees, is consistent with the provisions of proposed Ordinance No. 105 -C. The specific recreational needs of future residents of Hamilton Ranch will be satisfied by the 1.17 acre common recreational area which includes a swimming pool, tot lot, and barbecue area. (A detailed plan for common recreational area is attached.) We appreciate the consideration of the Planning Commission in this matter. GWM /ck Encl. /t ? Truly Yours, Gary itc&l�� ` Haa7a and Associates, Inc. • • n �-,i CpDPNRSCE III. !C; -S L :A: C, 16.32 - R`NIC iC NCA :IC "F.A C.PAL CODE ' "i!:C PC ? •I AND c7:09 Ld : :D, :AC- i1C:AC SAfiNCS "Cy :SLONS. C... C3.11ii of she :i :y of -..c does ordain as _ s , n n J 16.32 3: 1sancbc code h.._ - .e,.c -e ya endig Section 16.j2.G9 t„ ,e" so fol loos: intent _ _ nd intent of this chapter to provide for the deveiepnent Of pafR and r a ticna! facilities through scbdlvieiOn regulations, 1 area chore the need for identia: use, shall, ass ondition to the approval of a tentative no,, pare!/ � planned c0wom nity, land : op de estate 'deieime.n t, dedicate :ands e pays fees m V in lieu thereof, Or a cobination of both, for ei39bo1cccd dad cloonnity park a creational purposas, and to satisfy dedication r_ omens shall be conveyed it tCy a t "e t ee_^ . rda :acn If the final map or pnrcel tap. - is shall be pz:d :o the city prior s t ^.e issuance of oui Line pe rrvs.^ SEQ!ON 2. C :nap:er 16.32 of the Rancho Cu <anosga Municlpal Code •rtby aeended ty adding S bc,ction J to Section 16.32.020 to read as 'llcod: "(J" ::O taithscanE:n6 coy other provisions in this ccapter to the contrary, for tentative taps and parcel maps d or conditionally approved after December 31, 1982 ..,e aros.t !and dedicated o paid shall be based restbential dens::)', f.hic'fes 1 be determined on the^ . ` . o approved ccndition.ally approved c :a [Lave -_p or •p eel cap and --le average household size and shalt be the e prOCOr : :n ^ate a...etnt necessary t0 provide three der ee ofp.r' area per One the.,end - ye ... ns rdmtding Ich s :hdivisicn. th ^ a purposes of applying e -u:a fend in n section F of this section to such s, :: 0, _ equals and P shall be the average Sioe of ean- class o" 'r us eh<Id vlthin such subdivision. if zny spen sube_ :tsicn•V Contains mere than one class of hcronci C, separate ing the for -ala in 1`r Or t :ca t vide for each class .111 - :o, ne m im in fee' -, _ - s,a l:` mid ed ntog<:her t3 • fie f' r ,Os .n ds 4h Ole f:- aiie If Ce:. ..e .. g de n ... �� di ua t'_o- requirements. ". _ SEC -:.9 :, n.. : :r : ^.r .i :: c:' tr^ v:c.go Cde :-_..ia }Iun ie ipal Cede _. vy a -ended t. _...,t ...a .... .., ...- ..,,,, 14.12.010 to read as fni to.. a :nP..its real estate s clop ^end as d ^.fined in Sot [toes 11103 and 11003. I, e npcctl' :e :J, =al iiorn;a 8........ and Pl.rossinn, Code, ch,1: ne o:igible t3 r: ewe a c: at, in an aoe.mc c.litrn:na `:y reselutinii cl' th0 City C u �cil, against the and.:nt Of 11,j required to t 1 ^.d ins p: ^„ er the O..t of ordinance ?,go< the fe: i'posed, t to this chapter, .ror the value of ovate open space within the eeveioppent which Is useaole :'c- < catioral uses. :hi3 mbeectioh shall apply to p!3nrdl :evaloppen:a and real e3tate deveiopnents <n :tati -o ' •:e ps o parcel paps are approved or e.9 ap;rove: afterfoo.rear 31, 1982. The credit al:ovatlea persuar.t to this subsection shall, if applied p u Of any Other credit allowable under other r ars f0 -s c. this cIapter.n, :cg any other ;: cols ion of State law c ... dar.Cho C:v-oaga, in the e•:c, ^.t o _ :edicatl C:: :ey'wi'cm. .:pexed' E Ch a:te 1 - : caa'c nga +c'ur-,ipal Code, either as it e.i.oee _ i -- ... .. _ , 'J rdinauce, - s amended by ",13 in _ - ^..itted by Ys:ate Saw, sue`. fee or son rei- ::e - "n, • -tee: �nan.ee d':ced to and f: %,d at tne - _- - - s_ _ t deteroines n1g. ^.t h.'v be, lowfuily -- py c:emance adopted under the authority o. ca::.`G ry to Gs:ve:ncent '.Ooac- c. -_n 49;77. :ty Cowncil hereby declares that it .euld hale adiptad this C - _nr! caan s ion, subsection, sentence, clause, phrase or ran.` :rrcanect -re a fact that any one or more s.etlons, subxe 09, sentences, clauses, f phrases Or portions thereof be declared Gn':a::d or unccnstitcticbal, t".i all other provisions thereof shall remaln in fait force and effect. -'f :'. 5. The :'ay:- s'npll sign this ordinance and the City CLer'd sj. _ J ne ,are, an: the City Clerk shall cause the are to be putlisc -d '•::r:n(: Reer. "lit days after !ts pasaage, at least once m The • Da,', 9ecort, a ... spaper of genera: circulation, published Sn the City Of nrev :a led in the City of Rancho Cucaaonga. :.__. ... [.. _., an n, l,]: a this is: day of December, 1982. MS'eels .m r. PaNi kels, Mayor I 11 r- ORDINANCE NO. 105 -C AN ORDINANCE OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AhENOING SUBSECTION E AND F OF SECTION 16.32.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO PARK A." RECREATIONAL LAND DEDICATION REQUIREMENTS The City Council of the City of Rancho Cucamonga, California, does ordaia as `.allows: Section 1 Subsection E of Section 16.32.030 of the Rancho Cucamonga Municipal Code is hereby amended as follows: "Credit for Private Open Space" Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against not more than fifty percent (50x) of the requirement of dedication and development for park and recreation purposes, as set forth in this article, or the payment of fees in lieu thereof, as set forth herein, provided the Planning Commission finds it is in the public interest to do so, • and that the following standards are met: (1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building provisions of this Code shall not be included in the computation of such private open space; and (2) That the private ownership and maintenance of the open space is adequately provided for by vritten agreement; and (3) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the existing and future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the Council; and (4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and (5) That `.acilities proposed for the open space are in substantial accordance with the provisions of the recreation and parks element of the general plan for the City and are approved by the Planning Commission; and (6) That the minimum open space for which credit will be considered is three acres and provides a minimum of four of the elements listed below, or ' a combination of such, and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: a • Criteria List A. Children's play apparatus R. Family barbecue picnic area C. Came court area D. Swim pool with adjacent deck and anci111ary facilities E. Recreation building The subdivider requestling consideration for private open space credit shall, as part of the submittal filing, include: 1. Written request for such consideration by the Planning Commission; and 2. Submit detailed plans and specifications for areas and improvements within such proposed private open space. The Planning Commission shall, as an element of the review for private open space credit, solicit comments and recommendations from the Park Development Commission on all such applications. • Section 2: Subsection F of Section 16.32.030 of the Rancho Cucamonga Municipal Code is hereby amended as follows: "Credit for Private Open Space — Planned Communities" Where private open space for park and recreational purposes is provided in a planned community and portions of or all such space is to be privately owned and maintained by the future residents of the planned community or publicly dedicated and maintained by a special assessment district, credit against the requirement of dedication for park and recreational purposes, as set forth in Section 16.32.020 C shall be determined through the adoption of the planned community text; provided, however, that the park standard for the planned community is the same as for any other development and that the planning commission finds it is in the public interest to do so, and that the standards for private open space, as set forth in Section 16.32.030 E, are met. Section 3: All other portions of Ordinance 105 shall remain in full force and effect. Section 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least 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. • 1.7 0 1 'f1 1a111 fflicinoneOe tWeet; 0 Open Space I North HAMILTON fUNCII C 46 ,A ENTRY PARA ENTRY P ^ A SS,PE AREA A PASSIVE RECREATION AREA MEA"OERING WAIAVIAl SYSTEM '�'A ENTRY f V1.7 101 LOT PLAY AREA MAJOR PECREATI ON AREA NeRam o All A, �,t RECREATION A�IA - . PARK ENTRY ME AND E HAMILTON fUNCII C 46 • Motion: Xo ved by el, s nded by tout, unanimously carried to issu a Negative Declaration adopt the Res tion with additional cc ions stating that all exterj at surfaces of concrete be sandblasted, o nge and purple hues be del d from he accent color palette, and that block on the connecting w s be fluted lock. AYES: OMMISSIONERS: REMPEL STOUT, BARKER, CHITIEA;YMCMIEL NOES: COMMISSIONERS: NONE °'JT: COMMISSIONERS: "LONE ! - carried R. PARK AND RECREATION FEES FOR TRACT 12414 - A -M COMPANY Rick Gomez, City Planner, advised the Commission that this item had been placed on the Agenda at the request of the A -M Company for the Commission's consideration regarding the percentage of park credit for open space. Additionally, explained the limitations under the current Ordinance and those under the recently adopted Ordinance 105 -C which would be effective September 1, 1984, Gary Mitchell, representing the A -M Company, addressed the Commission and explained that the applicant was requesting partial credit for private open • space for this project. He stated that one level of neighborhood parks would be provided for residents and requested a favorable consideration of granting a fee reduction for this project. Bohn Sauer, president of A -M Company, addressed the Commission requesting favorable consideration in this request. He stated the problem with Ordinance 105 -C is the 3 acre minimum which limits the ability in other areas within the city that would allow developers to provide neighborhood park facilities. Jeff Sceranka, 6211 Phi 11ips, Rancho Cucamonga, addressed the Commission stating that neighborhood parks which are used by residents and are maintained through their homeowner's associations do minimize the use of the larger parks and they allow for different types of uses by the residents of the community. He advised that when Ordinance 105 -C was reviewed by the City Council, they stated that if legislation changed they would be inclined to reconsider their position on the minimum 3 acres. He stated that he had seen park concepts such as that proposed by this project and that they further the cause to bring those in the community closer together. Lowell Gores, 8772 Vivero, Rancho Cucamonga, agreed with Mr. Sceranka and stated that a project such as this would should be allowed to provide parks at the minimum. Chairman Stout asked Mr. Hopson what authority the Commission has in this matter. Planning Commission Minutes -17- August 22, 1984 Mr. Hopson advised that the Commission has the power to make this decision under Ordinance 105 -B which is the current, effective legal ordinance in the • City until superseded by Ordinance 105 -C, which is not effective until September 1, 1984. He further advised that the Commission could decide under 105 -B or refuse to decide under 105 -8 based on City Council' action on adopting 105 -C. Chairman Stout stated that he would have preferred Community Services Director Bill Holley to provide the Commission with some guidelines on which to base their decision and could not just grab a number out of the air. Commissioner Barker stated that the City Council had given the Commission direction by adopting Ordinance 105 -C which would come into effect in another week and a half and did not feel comfortable with making any other decision. Mr. Hopson advised that under the current Ordinance, the credit can only be given by the Planning Commission. Motion: Moved by Rempel, seconded by McNiel, carried, to grant a 30 percent credit for the project. AYES: COMMISSIONERS: REMPEL, MCNIEL, CHITIEA NOES: COMMISSIONERS: BARKER, STOUT ABSENT: COMMISSIONERS: NONE - carried Commissioner Barker stated that he could not take action based on direction by • Council through adoption of Ordinance 105 -C. Chairman Stout stated that more information should have been provided on which to base the decision. ADJOURNMENT Motion: Moved by Barker, seconded by Rempel, unanimously carried, to adjourn. 12:40 a.m. - Planning Commission Adjourned Respectfully submitted, Rick Gomez Deputy Secretary • Planning Commission Minutes -is- August 22, 1984 0 • D CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 17, 1984 16h 197: TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Linda D. Daniels, Associate Planner SUBJECT: APPEAL BY THE BARMAKIAN COMPANY OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT R VI W The appeal by The Barmakian Company of Condition number 3 of Resolution 84 -92, which requires the sandblasting of the proposed painted tilt -up panels, has been withdrawn by the applicant. The Barmakian Company has requested to be scheduled for the next available Design Review Committee and Planning Commission meetings to discuss a new design concept. Attached for your convenience is a copy of the letter requesting withdrawal of the appeal. Attachment: Letter from Applicant / ^: BARMAKIAN October 11. 1984 City of Rancho Cucamonga 9320 Baseline Road, Ste. "C" P.O. Box 807 R ::ncho Cucamonga, CA 91750 Attention: Beverly .Authelet, City Clerk RE: Environmental .Assessment and Development Review 84- 32- Barmakian Dear Ns. Authelet: We are hereby requesting that our appeal of a condition of approval on the above referenced project be discontinued. Our appeal was heard by council on October 3, 1984, and continued to October 17, 1984. Since our hearing on October 3, the Design Review Committee has agreed to bring our project hick for consideration of the condition in question. • 'de hope to come to a mutually agreeable resolution of the problem by being given M opportunity to present our position at Design Review. appreciate your prompt attention regarding this matter. CoWVie :. 7 • El CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: 19TH STREET CORRIDOR STUDY - LAND USE AMENDMENTS CIA; C\SIOI' .. ; 10,77 The following three reports are related to the 19th Street Corridor Study. In response to the 19th Street Subcommittee concerns, the Planning Commission reviewed the land use designations on numerous properties along the 19th Street corridor. As a result, amendments are recommended on three specific sites. For each site the land use changes include a General Plan Amendment and corresponding Development District Amendment. Following the three reports, please find background information which includes the July 25 Planning Commission staff report and Commission minutes from the July 25, 1984 and August 22, 1984 meetings at which the amendments were discussed. L • .,.. CCi.naf0 STAFF REPORT v . DATE: October 17, 1984 ta;- TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 H STREET CORRIDOR STUDY - An amendment to the General Pan Land Use Map from Medium -High Residential (14 -24 du /ac) to Medium Residential (4 -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Street - APN 201 - 221 -08. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02-A - 19TH R ET CORRD R UDY - A Development District amendment from "MH" 4 -2 du /ac) to "M" (8 -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Street - APN 201 - 221 -08. BACKGROUND: The Planning Commission recommended approval of the above General Plan and Development District amendment in conjunction with the 19th Street Corridor Study. Although a church is located on the southern portion of the subject property, the northern three acres could be developed as residential. The Commission determined that residential development within the permitted density range of the Medium High District (14 -24 du /ac) would be incompatible with the single family homes to the east and cause significant design contraints. The attached Planning Commission report provides more detailed information relative to this item. RECOMMENDATION: The Planning Commission recommends approval of the General Pan and Development District Amendment. If the City Council concurs, issuance of a Negative Declaration and adoption of the attached Resolution and q;djnance would be appropriate. rG:CJ: jr Attachme -.r August 22, 1984 Planning Commission Staff Report Resolution of Approval Ordinance 0 • 1 1 I. SITE DESCRIPTION: A. Parcel Size: 4.95 acres B. Existinn Zoning: MH (14 -24 du /ac) C. Existing Land Use: Existing church site, partially vacant D. Surrounding Land Use and Zoning: North - Vacant property; zoned "L" (2 -4 du /ac), but within the Foothill Freeway corridor South - Single family homes; zoned "L" (2 -4 du /ac) East - Single family homes, single family subdivision, Beryl- Hellman Channel; zoned "L" (2 -4 du /ac) West - Sunscape Condominiums; zoned "MH" (14 -24 du /ac) E. General Plan Designations: Project ite - Medium High Residential (14 -24 du /ac) North - Foothill Freeway Corridor South - Low Residential (2 -4 du /ac) East - Low Residential (2 -4 du /ac) West - Medium -High Residential (14 -24 du /ac) . , ITEM K 8 L vii Vl' L \A1V \�11V VUIJA.v1V1NUA tiQ `LCA STAFF REPORT af' DATE: August 22,-1984 1977 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner ��OZ ` BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 A - 19TH STREET CORRIDOR STUDY - An amendment to the Genera P an Land Use Map rom Medium -High Residential (14 -24 du /ac) to Medium Residential (4 -14 du /ac) for 4.96 acres of land, located at the northwest corner of. 19th Street and Beryl Street - APN 201 - 221 -08. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 A - 19TH STREET CORRIDOR STUDY - A Development District amendment from "MH" - u ac) to "M" (8 -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Street - APN 201 - 221 -08. I. SITE DESCRIPTION: A. Parcel Size: 4.95 acres B. Existinn Zoning: MH (14 -24 du /ac) C. Existing Land Use: Existing church site, partially vacant D. Surrounding Land Use and Zoning: North - Vacant property; zoned "L" (2 -4 du /ac), but within the Foothill Freeway corridor South - Single family homes; zoned "L" (2 -4 du /ac) East - Single family homes, single family subdivision, Beryl- Hellman Channel; zoned "L" (2 -4 du /ac) West - Sunscape Condominiums; zoned "MH" (14 -24 du /ac) E. General Plan Designations: Project ite - Medium High Residential (14 -24 du /ac) North - Foothill Freeway Corridor South - Low Residential (2 -4 du /ac) East - Low Residential (2 -4 du /ac) West - Medium -High Residential (14 -24 du /ac) . , ITEM K 8 L PLANNING COMMISSICA6TAFF REPORT General Plan Amendn,ent 84 -02 A Development District Amendment 84 -02 A August 22, 1984 Page 2 17 U F. Site Characteristics: A church building and parking lot exist on the southerly half of the site The northerly portion of the property is vacant with no sign if itant vegetation. The site slopes uniformly to the south at roughly 2 -3 percent. The Beryl- Hellman Channel and street improvements are currently being constructed along the east boundary of the property. II. ANALYSIS: As mentioned in the previous staff report, the existing church building represents a first phase of construction, and a conceptual master plan is approved which covers the entire site (see Exhibit "B "). The vacant northerly 3 acres of the site, however, may still be developed as residential. Considering this and site conditions such as the small size of the lot, single family homes to the east, and the Sunscape Condominiums to the west, the Commission consensus was to reduce the density to Medium Residential (4 -14 du /ac) to provide a density transition from west to east. The corresponding Development District amendment is to Medium Residential (8 -14 du /ac). III. ENVIRONMENTAL ANALYSIS: Part I of the Initial Study has been completed and is attached for your review. Staff has completed the Environmental Checklist, Part II of the Initial Study, and found no • substantial evidence to indicate that significant environmental impacts will be the result of the proposed General Plan Amendment and Development District Amendment. The following is a summary of the major environmental factors considered by staff during preparation of the Initial Study: Traffic and Circulation: Traffic volume counts generated by residential development of this property would be lower under a Medium density designation on this property. If the 4.96 acres were to be developed at the mid -point of the density range under MH standards, approximately 753 trips per day would be anticipated. If developed at the mid -point of the M district standards, approximately 430 trips per day would be generated. Peak hour traffic volumes (10% of daily total during one hour) would also be lower if the site were developed under the M district. Drainage: No change in the amount of runoff will occur as a result of the property being designated Medium -high or Medium residential. In fact, development of the proposed church master plan church will probably create more runoff than a residential project because a larger portion of the site is devoted to impervious surfaces (i.e., parking lot and building area). Schools: Development of the 4.96 acres under the Medium residential versus Medium -High residential standards would generate • an estimated 16 fewer students (assuming development at mid -point density). LJ PLANNING COMMISSI090¢17AFF REPORT General Plan Amendment 84 -02 A Development District Amendment 84 -02 A August 22, 1984 Page 3 V. FACTS FOR FINDINGS: To approve the amendments, the Commission should make the following findings: A. That the amendments are consistent with the intent of the General Plan Land Use Policies; and 8. That the amendments promote the goals of the Land Use Element; and, C. That the amendments would not be materially injurious or detrimental to adjacent properties. V. CORRESPONDENCE: This item has been advertised as a public hearing in Th— a Daeport newspaper, the property posted and notices were sent to property owners within 300 feet of the subject site. To date, no written correspondence has been received either for or against the proposed amendments. VII. RECOMMENDATION: It is recommended that the Planning Commission review and consider all material and input regarding the amendment. If the Commission can support the facts for findings, • adoption of the attached Resolutions would be appropriate. 2 ocn or YFul]i.cuhmif Yod F 1 Ej City Planner RG:CJ:jr Attachments: Exhibit "A" - Site Map Exhibit "B" - Approved Church Master Plan Initial Study, Part I Resolution of Approval /y t EJECT PROPERTY NC Single, Family Trac Comm. Condominium, L it Single MH t Family 9th L Vacant L le Family Si a rl mily Frac Vacant jV acant_LM SUBJECT PROPERTY �u ON NORTH CITY OF ITE.\I:, : RANCHO CUCAN 10,- -G TITLE N 'A <-- PLANNING DIVISION L'XIIINT; 6 SCALE: E r- -I L-A 9 0 Aft sWs �YSu e-.I- isa cc"_rA C4E •- LhV6SC1v V'I `. Pueaws eA -.o p4L4L ]C SAN[.TN:ct {I S6Rf.4 P44c aPAilKIN4. YKlS (p4 ese IIC 3ne ��tP.�p <E �(�, '1 �) a1'1 O1, ITI:. \I: 8 oeA - r TA r_T - L:oi R.A \CI -10 CCC,- ,NJO \G:1 TITLE : 1.7,v / _ 4111S,27; Pj�.A^l PLANNING DIVISION LXIIIBIT_ _SCALE - � 1 • CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFOR^LITION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- • tion concerning the proposed project. PROJECT TITLE: GPA 84 -02 A and DDA 84 -02 A - 19th Street Corridor Study n �J APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonga P.O. Box 807. Rancho Cucamonga, CA 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Rick Gomez_ City Planner. (714) 989 -1851 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) Northwest Corner 19th Street & Beryl Ave. - APN• 201- 221 -08 LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: 1 -1 � 1 PROJECT DESCRIPTION • DESCRIPTION OF PP.OZECT: GPA and MA frnm Mod -Hinh Ro idonfial to Medium Residential ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: 11 97 arr. DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): of exist on the southerly half of the Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? 40. I -2 . • Ph • WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground _ contours? X 2. Create a substantial change in existing noise or vibration? X 3. Create a substantial change in demand for _ municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existing zoning or _ general plan designations? X S. Remove any existing trees? How many? X 6. Create the need for use or disposal of _ potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of anv YES answers above: None • \J i I ,11POP,TA.NT: I: the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to b submitted before an adequate evaluation can be made by the Dejelopmet-t� Review Committee. Date August 6, 1984 Signature Tit 1 -3 f %i RESOLUTION NO. 9-P -icon - - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 34 -02 A - 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM -HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL FOR 4.96 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL AVENUE - APN 201 - 221 -08. WHEREAS, the Planning Commission has held a public hearing to consider all public testimony and input regarding the requested amendment and recommended approval thereof; and WHEREAS, The City Council has held a public hearing to consider said amendment; and WHEREAS, the proposed amendment will not be materially injurious or • detrimental to surrounding property. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby approve the following Amendment to the Land Use Plan of the General Plan. findings: SECTION 1: The Rancho Cucamonga City Council has made the following 1. The amendment is consistent with the intent of the General Plan Land Use Policies. 2. The amendment promotes the goals of the Land Use Element. 3. The amendment will not be materially injurious or detrimental to adjacent properties. SECTION 2: General Plan Amendment 84 -02 A - An Amendment of the General Plan n Land Use Map from Medium -High Residential to Medium Residential for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APN 201 - 221 -08 4 SECTION 3: A negative Declaration is hereby adopted for this General Plan Amendment based upon the completion and findings of the Initial Study. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mike s, Mayor Beverly A. Authe et, ity erk �2 �: 0 • is E ORDINANCE NO. :"— :i —vcia - 'I 'i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201 - 221 -08 LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL FROM "MH' to "M ". 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 Planning 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. 10 B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. D. 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 Numbers 201 - 221 -08, approximately 4.96 acres of land located at the northwest corner of 19th Street and Beryl Avenue is hereby changed from MH (14 -24 du /ac) to M (8 -14 du /ac). _�6 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least 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 7th day of November 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mike s, Mayor Beverly A. Authe et, City Clerk n 0 • • CITY OF RANCHO CCCA\IONGA STAFF REPORT I,Z DATE: October 17, 1984 197' TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 8 - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Medium-H gh Residential (14 -24 du /ac) to Medium Residential (4 -14 du /ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 202- 101 -07, 11, 21 (in part only) and 22, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 - 8 - 19TH STREET CORRIDOR STUDY - A Development District Amendment from MH - du ac to M du /ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 201 - 101 -07, 11, 21 (in part only) and 22. • BACKGROUND: The Planning Commission recommended approval of the above General Plan and Development District Amendments in conjunction with the 19th Street Corridor Study. As the Council will recall, Tentative Tract 12597 (Lincoln Properties) was submitted on the large portion of this property. The project, however, was denied on appeal. The Commission determined that the Medium -High Density Residential (14 -24 du /ac) designation on the subject property is incompatible with the single family neighborhood to the south. The attached Staff Report provides more detailed information relative to the specific land use amendments. RECOMMENDATION: The Planning Commission recommends approval of the General Plan and Development District Amendments. If the City Council concurs, issuance of Negative Declarations and adoption of the attached resolution and ordinance would be appropriate. ResWeetfully,sUOmitted, Rick o z City Ian G:ns Attachments: Planning Commission Staff Report - August 22, 1984 Resolution of Approval Ordinance 1�: 0 n lJ 0 CITY OF RANCHO CCCANIGNGA STAFF REPORT DATE: August 22, 1484 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner w�J BY: Curt Johnston, Associate Planner �JL SUBJECT: ENVIRONMENTAL ASS ESSEMENT AND GENERAL PLAN AMENDMENT 84 028 - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Office to Medium - Residential (4 to 14 du /ac) and from Medium -High Residential (14 to 24 du /ac) to Medium Residential ,(4 to 14 du /ac) on 18.75 total acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 202 - 101 -07, 11, 21, 22. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -0 B - 9TH STREET CORRIDOR STUDY - A Development District Amendment from OP (Office /Professional) to M (8 to 14 du /ac) and from MH (14 to 24 du /ac) to M (8 to 14 du /ac) on 18.75 total acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 201- 101 -07, 11, 21, 22. I. SITE DESCRIPTION: A. Parcel Size: 18.75 acres. S. Existing Zoning: MH (4 to 14 du /ac), OP (Office Professional). C. Existing Land Use: One single - family home exists in the center of the site, a water district well exists on Parcel 7, and the Foothill Fire Protection District offices are located on Parcel 11. D. Surrounding land Use and Zoning• North - Vac ant land and citrus orchard; zoned L (2 to 4 du /ac), but within the Foothill Freeway Corridor. South - Single - family homes and single - family subdivision; zoned L (2 to 4 Wad, Brock Homes Subdivision; zoned LM (4 to 8 du /ac). East - Neighborhood Shopping Center; zoned NC (Neighborhood Commercial). Hest - Office building and post office; zoned OP (Office Professional) retirement home and vacant land on west side of Amethyst; zoned M (8 -14 du /ac). PLANNING COMMI'm%AN STAFF REPORT GPA 84 -02B - is -,; Street Corridor Study August 22, 1984 Page 2 • General Plan Design at ions: Project Site - Medium -High Residential (14 to 24 du /ac), Office. North - Foothill Freeway Corridor. South - Low Residential (2 to 4 du /ac), Low - Medium Residential (4 to 8 du /ac). East - Neighborhood Commercial, West - Office, Medium - Residential (4 to 14 du /ac). F. Site Characteristics: The property slopes to the south at a 4 to grade. Vegetation on the site consists of approximately 83 mature trees of different varieties, including a Eucalyptus windrow. The majority of the site remains undeveloped. II. AWAL YS IS; Staff was directed by the Planning Commission to advertise General Plan Amendments and Development District Amendments to allow the Commission to consider three possible land use alternatives for this site: o Redesignating the entire site as Medium Residential, or, o Maintain the Office designation and redesignate the • remainder of the site to Medium Residential, or o No revision. Policies within the General Plan and Development Code can be interpreted to support any of the alternatives. The General Plan Land Use Map supports the concept of urban centers with higher intensity land uses, such as higher density residential, or commercial and office development, at major intersections tempered by strong design standrads. In either case, the General Plan and Development Code also stress neighborhood compatibility. Design guidelines within the Development Code state: Projects must be compatible with and sensitive to the immediate environment of the site and neighborhood; project designs must effectively mitigate the aesthetic conflicts between a proposed development and surrounding land uses, and the mass and scale of buildings should be proportionate to surrounding development. In addition, the intent of the General Plan and Development Code is to promote proper transitions of density. III. ENVIRONMENTAL ANALYSIS: Part I of the Initial Study has been completed and is attached for your review. Staff has completed the Environmental Checklist, Part II of the Initial Study, and found no substantial evidence to indicate that significant environmental • impacts will occur as a result of the proposed amendments on this site. The following is a summary of the major environmental concerns analyzed: • PLAf+.NING COMMI43kPN STAFP REPORT 1 GPA 84 -02B - 1s.:i Street Corridor Study August 22, 1984 Page 3 Traffic: The proposed amendment would result in a net reduction in the potential traffic volume generated by development of the property. This analysis is based on a traffic generation factor of 8 vehicle trips per day per multiple family unit, and 280 daily trips per acre of office development (Citywide Traffic Study, DKS, 1980), and assuming residential development at mid -point density. Under the current land use designations approximately 3,234 daily trips (MH = 2,394, OP = 840) would be generated. If the residential portion of the site was redesignated to Medium Residential (15.15 acres), the anticipated traffic volume would drop by one third to 2,226 daily trips. If the three acre office site was changed to Medium Residential (OP = 840, M = 264), the anticipated total number of daily trips would drop to 1,650. Drainaae: Redesignating the residential portion of this site to Medium Residential will most likely not affect runoff from the site. If the three acres currently designated as Office is changed to Medium Residential, runoff from the entire site will be apporoximately 5% less. This reduction is due to the lesser amount of impervious surfaces for a residential versus office project. Development of the site under any of the alternatives will not • adversely affect the surrounding streets since storm drains which service the property have already been installed from Highland Avenue to the railroad tracks north of Base Line. Soils and Geology: Development of the site under any of the proposed alternatives can occur without significant adverse environmental impacts. The applicant has indicated that a portion of the property was previously used as a dump site, and that large quantities of soil would have to be excavated. This operation would have to occur, however, regardless of the land use designation on the property. Socio- Economic Factor: The applicant has indicated that the cost of excavating the property, as mentioned in the above section, would create a significant economic effect if the density on the property is lowered. The CEgA guidelines, however, state that economic and social impact changes shall not be treated as significant effects on the environment. Significant effects, as defined by CEgA, only occur as a result of a physical change. In this case, the change is purely economic since the excavation would have to occur with any development of the property under the current or proposed land use designations. Schools: Revision of the residential portion of the site to Medium Residential will reduce the anticipated number of students generated from 90 to 52 (based on .3 students per unit and assuming 4&� development at mid -point density - 19 du /ac for MH, 11 du /ac for ./ M.) Redesignation of the three acre office site to Medium Residential would generate approximately 10 additional students. PLANNING COMMI N STAFF REPORT GPA 84 -02B - 19th Street Corridor Study August 22, 1984 Page 4 r1 LI H. FACTS FOR FINDINGS.: The Commission must determine which of the alternatives is more appropriate and should make the following findings: A. The Amendments are consistent with the intent of the General Plan Land Use Policies; B. The Amendments do promote goals of the Land Use element. C. The Amendments would not be materially injurious or detrimental to adjacent properties. V. CORR ESPONOENCE: This item has been advertised as a public hearing in The Oai y ReDOrt newspaper, the property posted, and notices were sent to property owners within 300 feet of the project site. To date no written correspondence has been received either for or against this project. VI. RECOMMENDATION: It is recommended that the Planning Commission review and consider all of the information presented in this report • and determine which alternative is most appropriate. Should the Commission determine that a revision to the current land use designations is appropriate, adoption of one of the two Resolutions of Approval would be necessary. R /spe tf isubmitted, [RG:CJ: I /y`nCl om y P anner ns Attachments: Exhibit "A" - Site Map Exhibit "B" - Natural Features Map Initial Study, Part I Resolutions of Approval I 1 U —j S.,I• IlVacanl Family T,..t S.F. M SF. M M L Vacant L S.F.T. L i L gry (v RANCHO CUCANION(,� PLANNING DIVISION OP Family 2 -------- 2C' SUBJECT PROPERTY 191, gry (v RANCHO CUCANION(,� PLANNING DIVISION OP Family 2 -------- (4-5) NORTH ITEN 1: o-Z TITLE: -LVZS /ZM fwr 49- W/6 2_e,44&77,-,tT EXHIBIT: I-" SCALE: — .:), , 3 Id Id Ir U) Ak Ali • L L I L AZ5 AC Z W VACANT VACANT L VACANT VACANT IIQ V.CA _ suS�i�C:T pRcpER -�•r i � f !za VAVACANT,•' I F APA F2!TI• 1 1-� 6e3 Al-- PAR. T FIRE STATION(y..\ PART �vvf Ci ��w �•�M1 ur1I COMMERCIAL/ bST \f V� . II N OF v •� 20 O➢ P4R. 2 COMMERCIA \. `. f��i L � 19TH STREET �RMCENTIAL J WI v�I 7 GALA 2 AVENUE W 1P 1 f I :. - -1 > '._�I —\i /._—JI ..�. 271. V NORTH CITY OI' ITEM: ��aey�,ZS -ii_� RANCHO TITLE CLCANIO \G�1 T S7`�Y PLANNING DIVISION EXHIBIT: 7 SCALE: �- , 1 • CITY OF RANCHO CUCAMONGA 0 INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: GPA 84 -02B 'DOA 84 -028 - 19th Street orri or �tjydv APPLICANT'S NAME, ADDRESS, TELEPHONE: Lity of Ran[_ ho Cucamonga- P.D. Box 807. Rancho Cucamonga. California 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Rick Gnmez City Plannar LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) North side of 19th Street. hetween Arr thyqt Avenue. APN. 201 - 101 - 07,1191,22. LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 PROJECT DESCRIPTION • DESCRIPTION OF PROJECT: r,DA v '�A frnM Mod_Hin�h Qogir'antial and office to Medium Residential ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: 15.75 acres DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE- INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES) ; ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? No. I -2 1 • WILL THIS PROJECT: 1 YES NO X 1. Create a substantial charge in ground 'Create X 2. Create a substantial chance in existing noise or vibration? X 3. Create a substantial chance in demand for municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existing zoning or general plan designations? X S. Remove any existing trees? How many? X 6. Create the need for use or disposal of Potentially hazardous materials such as toxic substances, flammables or exulosives? Explanation of any YES answers above: • IJone I,KPORTANT: If the project involves the construction of residential units, ccmolete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the De�J,eloo e�/nt Review Committee. Date August 6, 1984 Signature / /��hV__ Title City Planner I I -3 i 0 RESOLUTION NO., 1 - - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84 -02 8 - 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM HIGH RESIDENTIAL TO MEDIUM RESIDENTIAL ON APPROXIMATELY 15.75 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 19TH STREET BETWEEN ARCHIBALD AVENUE AND AMETHYST AVENUE - APN 201 - 101 -07, 11, 21 (IN PART ONLY), AND 22. WHEREAS, The Planning Commission has held a public hearing to consider all public testimony and input regarding the requested amendment and recommended approval thereof; and WHEREAS, the City Council has held a public hearing to consider said amendment; and • WHEREAS, the proposed amendment will not be materially injurious or detrimental to surrounding property. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby approve the following Amendment to the Land Use Plan of the General Plan. SECTION 1: The Rancho Cucamonga City Council has made the following findings: 1. The amendment is consistent with the intent of the General Plan Land Use Policies. 2. The amendment promotes the goals of the Land Use Element. 3. The amendment will not be materially injurious or detrimental to adjacent properties. SECTION 2: General Plan Amendment 84 -028 - An Amendment of the General an Land se Map from Medium -High Residential to Medium Residential for approximately 15.75 acres of land, located on the north side of 19th y7 Street between Archibald Avenue and Amethyst Avenue - APN: 201- 101 -07, 11, 21 (in part only), and 22. 1 SECTION 3: A Negative Declaration is hereby adopted for this General Plan Amendment based upon the completion and findings of the Initial Study. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None ATTEST: K,5 Jon D. Mike s, Mayor P • 11 11 ORDINANCE NO. iB�i -BiE9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201- 101 -07, 11, 21 (IN PART ONLY), AND 2? LOCATED NORTHSIDE 19TH, BETWEEN ARCH13ALD AND AMEHTYST FROM ".1H" TO "M ". 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 Planning 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 rezonig is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. D. 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 Numbers 201- 101 -07, 11, 21 (in part only) and 22 approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue is hereby changed from MH (14 -24 du /ac) to M (8 -14 du /ac). The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least 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 7th day of November, 1964. AYES: NOES: ABSENT: ATTEST: Jon D. Mike s, Mayor Beverly A. Authelet, ity erk .1. Jon D. Mikels, Mayor • • n U • STAFF REPORT.. 4�9. t; x 4 1 11977 DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 - C - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Office and Low- Medium Residential (4 -8 du /ac) to Low Residential (2 -4 du /ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202 - 191 -13, 14, 23. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 - C - 19TH STREET CORRIDOR STUDY - A Development District Amendment from "OP" Office/ rofessional) and "LM" (4 -8 du /ac) to "L" (2 -4 du /ac) on 11.23 acres of land located at the northeast corner of 19th Street and Hermosa Avenue - APN 202 - 191 -13, 14, 23. BACKGROUND: The Planning Commission recommended approval of the above General Plan and Development District Amendments in conjunction with the 19th Street Corridor Study. The attached Planning Commission Staff Report provides information relative to the specific amendments. CORRESPONDENCE: As outlined on the attached letter, an owner of a portion of the subject property, (Red Hill Partners), objects to the change to Low Residential (2 -4 du /ac), and recommends a Low - Medium density (4 -8 du /ac) to allow development of townhouses or condominiums. The Planning Commission determined that the site is better suited for single family homes considering the existing single family tract to the east with the streets dead - ending into the subject property and new construction of single family homes on large lots immediately to the north. CITY COUNCIL STAFF REPORT Environmental Assessment & GPA 84- 02C /DDA 84 -02C October 17, 1984 Page 2 • RECOMMENDATION: The Planning Commission recommends approval of the General Plan and Development District Amendments. If the City Council concurs, issuance of Negative Declarations and adoption of the attached resolution and ordinance would be appropriate. tyiPlanner ns submftted, Correspondence from Owner Planning Commission Staff Report - August 22, 1984 Resolution of Approval Ordinance Planning Commission Staff Report - July 25, 1984 • Planning Commission Minutes - July 25, 1984 Planning Commission Minutes - August 22, 1984 . 1 ? C, E • 0 I. PROJECT AND SITE DESCRIPTION: A. Parcel Size: 11.23 acres B. Exist in Zon in Low Medium Residential (4 -8 du /ac), OP Office Professional) C. Existing Land Use: Vacant D. Surrounding Land Use and Zonin : North - Single fame y homes; zoned "L" (2 -4 du /ac) South - Single family homes; zoned "L" (2 -4 du /ac) East - Single family subdivision; zoned "L" (2 -4 du /ac) West - Vacant property with two approved residential condominium tracts; zoned Medium Residential (8 -14 du /ac) E. General Plan Des! nations; Project ite - Low Med iul Residential (4 -8 du /ac), Office North - Low Residential (2 -4 du /ac) South - Low Residential (2 -4 du /ac) East - Low Residential (2 -4 du /ac) West - Medium Residential (4 -14 du /ac) ITEM 0 8 P 1 1 CITY OF RANCHO CUCANTONGA STAFF REPORT _ y DATE: August 22; 1984 79" TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner /1,4 _ —w v BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 C - 19TH STREET CORRIDOR STUDY - An amendment to the General Plan Land Use Map from Office and Low - Medium Residential (4 -8 du /ac) to Low Residential (2 -4 du /ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202- 191 -13, 14, 23. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-02 C - 19TH STREET CORRIDOR STUDY - A Development District Amendment from "OP" (Office /Professional) and "LM" (4 -8 du /ac) to "L" (2 -4 du /ac) on 11.23 acres of land located at the northeast corner of 19th Street and Hermosa Avenue - APN 202 - 191 -13, 14, 23. I. PROJECT AND SITE DESCRIPTION: A. Parcel Size: 11.23 acres B. Exist in Zon in Low Medium Residential (4 -8 du /ac), OP Office Professional) C. Existing Land Use: Vacant D. Surrounding Land Use and Zonin : North - Single fame y homes; zoned "L" (2 -4 du /ac) South - Single family homes; zoned "L" (2 -4 du /ac) East - Single family subdivision; zoned "L" (2 -4 du /ac) West - Vacant property with two approved residential condominium tracts; zoned Medium Residential (8 -14 du /ac) E. General Plan Des! nations; Project ite - Low Med iul Residential (4 -8 du /ac), Office North - Low Residential (2 -4 du /ac) South - Low Residential (2 -4 du /ac) East - Low Residential (2 -4 du /ac) West - Medium Residential (4 -14 du /ac) ITEM 0 8 P PLANNING COMMI'O'PN STAFF REPORT i General Plan An.,ndment 84 -02 C Development District Amendment 84 -02 C August 22, 1984 Page 2 • F. Site Characteristics: The property slopes to the south at approximately 2 -3 percent. A number of trees are scattered throughout the site, in particular near a burned down residence at the west end of the site. II. BACKGROUND: The Planning Commission determined that a Low Residential designation on this site would be appropriate considering the single family character of the area and the possibility of extending the streets within the easterly tract through this property. Also considered was the isolated nature of future office development on the southerly half of the site. III. ENVIRONMENTAL ANALYSIS: Part I of the Initial Study has been complete and is attached for your review. Staff has. also completed the Environmental Checklist, Part II of the Initial Study, and found no substantial evidence to indicate that significant environmental impacts will occur as a result of the General Plan and Development District amendments. The following is a summary of the major environmental factors considered in the Initial Study. Traffic: It is anticipated that 1,856 trips per day would be . generated by development of this site under the "OP" and "LM" District standards using generation factors of 280 daily trips per acre of office and 12 daily trips per single family home at mid- point density (i.e., OP =1411, LM =445). Development of the site under the "L" District standards, however, would substantially reduce the anticipated daily traffic counts to approximately 408 trips (34 units x 12 daily trips). Drainaoe: Development of this site under the "L" District standards versus "LM" and "OP" will reduce runoff by approximately 58 percent. The major reduction in runoff occurs onto the southerly portion of the site currently designated "OP ", since office development has significant portions of the site devoted to impervious surfaces (i.e., parking lot and building areas). III. FACTS FOR FINDINGS: To approve the amendments, the Commission should make the following findings: A. That the amendments are consistent with the intent of the General Plan Land Use Policies; B. That the amendments promote the goals of the Land Use Element; and, C. That the amendments will not be materially injurious or • detrimental to adjacent properties. PLANNING COMMI'*pN STAFF REPORT General Plan &—ndment 84 -02 C Development District Amendment 84 -02 C August 22, 1984 Page 3 • IV. CORRESPONDENCE: This item has been advertised as a public hearing in The Daily Report newspaper, the property posted, and notices were sent to property owners within 300 feet of the project site. To date, no written correspondence has been received either for or against this project. V. RECOMMENDATION: It is recommended that the Planning Commission review and consider all material and input regarding the proposed amendments. If the Commission can support the facts for findings, adoption of the attached Resolution would he appropriate. fitpppppp,��,ee d" espegOull'y submitted, -1 r .5-- -- R'ck ez City Planner RC:C3:jr . Attachments: Exhibit "A" - Site Map Initial Study, Part I Resolution of Approval E �116225 A APT. M VACANT... L • 11853 117811 Feu. -d7 L VACANT L U SF. L L I SUBJECT PROPERTY S �CIT rq o , L 5.32 AC p? -NORTH CITY (V RANCHO CUCAN 10NI TITLE! -I 1'12?e 4 PLANNING DIVISION EXIII13IT: 'A" SCALE: 4l 1 0 CITY OF RANCHO CUCANONGA El INITIAL STUDY PART I - PROJECT INFORRLATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: GPA 84 -02C. DDA 84 -02 C- 19th $treat Corridor Study,__ APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonga P.C. Box 807, Rancho Cucamonaa. California 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Rick Goaez. City Planner (714) 989 -1851 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) Northeast corner of 19th W Herrosa APN: 202- 191 - 13.14.23 LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 Y: R PROJECT DESCRIPTION • DESCRIPTION OF PROJECT: 0A and ODA from Officp and Low -Med Rpcidpntial to nw Rpcidpntial ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: 11_p,1 arre, DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES); ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): She ,prnpprtg c1npe t the c nth at aopr'oximatplk 2 =3 nprrrnt A n mhpr of trppc arp crattorpd thrnuQhnt,t the Cito in oarticilar near a h rnpd dnwn rpeiApncp at the wpct end of the Site- is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? No. I -2 Z, • • MILL THIS PROJECT 49 YES NO X 1. Create a substantial change in ground - contours? x 2. Create a substantial chance in existing noise or vibration? i 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? x 4. Create changes in the existing zoning or general plan designations? x 5. Remove any existing trees? How many? X 6. Create the need for use or diSDOSal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: None IMPOP.TAST: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Deje loptpent Review Committee. Date August 6. 1984 Signature Titl I -3 • red hill partners inc. Pro, 9e8as3- Aso et. Ontario' california 91784 August 29, 1984 CITY OF RA DEVEO 8 ' OPMENT0 PL AUG 3 0 1984 PN 71gIg1101111121112131415 6 Mayor and Members of City Council City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Subject: General Plan Amendment 84 -02C and Development District Amendment 84 -02C 19th Street Corridor Study Gentlemen: My partners and I are the owners of the 6.19 acres east of Hermosa Avenue and slightly north of 19th Street, presently zoned low -med. • residential (4 -8 du /ac); and partial owners of the 4.35 acres located an the northeast corner of 19th Street and Hermosa Avenue, presently zoned "OP" office professional. One of my partners and I are also residents of Rancho Cucamonga. J Needless to say, we are very disturbed with the General Plan Amendment and Development District Amendment 84 -02C changes proposed by the Planning Commission at their meeting on August 22, 1984. Incidently, we also question the vote by the Planning Commission, as it appeared that the Chairman, who was the only apparent voter, declared the motion unanimous, after no "aye or no votes ", were voiced by the other members. We believe the proposed zoning changes are unfair and inappropriate for the following reasons: The present low -med zone is logical and desirable between the low-res to the east and south and the med -res to the west. Low -med also allows greater design flexibility for the two small parcels that are partially divided by another owner's parcel. Please be advised that in previous years the planning director's staff indicated that the entire 10.54 acres should be low med res. and that developers should be encouraged to pursue that type of development. In fact, that is exactly what was proposed by our developer, Olympus Pacific, in January of this year; when he requested the "OP" zone be changed to low med. res. to allow the 10.54 acres to be developed with townhouses., „ However, that request was denied by the Planning Commission. 144Ji City of Rancho C :amonga August 29, 1984\ Page 2 2. The two parcels are adjacent to rather heavy traffic on 19th Street and Hermosa Avenue and will be further impacted by the future freeway along Highland Avenue to the north. Good Planning indicates that the land should be developed with townhouses or condominiums to allow a buffer for the single family dwellings. It seems obvious that this was the intention of earlier planners, therefore, why should good planning be changed by pressure from residents with special biases? 3. A large amount of time and money has been spent in site development studies for each of the parcels under consideration, and the cost in addition to the proposed devaluation of the property, by zone change, will result in substantial financial losses for the property owners. Ultimately, it will also amount to property tax losses to the City since single family homes barely pay their way relative to public services. 4. It is our opinion, the general plan should not be changed on a piecemeal basis with certain parcels selected for review and arbitrarily changed as a result of local residential owner pressure on the Planning Director and Planning Commission. 5. The Planning Commission's decision is in effect condemnation without remuneration. A brief history of the zoning for the two parcels. a. The 4.35 acre parcel was originally zoned "OP" under the San Bernardino County zoning plan and retained by the City of Rancho Cucamonga after incorporation. In 1980, the owners requested a lot split in order to construct a "Kindercare" child care center. The request was denied by Planning Commission. b. The 6.19 acre parcel on Hermosa Avenue was zoned low -led. res. upon adoption of the General Plan in order to provide a buffer and provide greater design and planning flexibility for the small parcel. Finally, I would like to say that in our opinion, the properties in question were properly zoned originally and that my partners and 1 purchased them in good faith assuming the value would be secure. It is unfair and smacks of inverse descrimination for a small group of adjacent property owners to pressure the Planning Commission into changes to our property for their own selfish interest. Those property owners surely must have known the zone status of our property when they purchased their homes. 144.12 231- • • • r 1 L_J City of Rancho C :amonga August 29, 1984` Page 3 Our recommendation is that no changed for the 6.19 area parcel low- medium res. (4 -8 du /ac) be on the corner of 19th Street and Sincerely, RED HILL PARTNERS tChase, AIA General Plan Amendment to zone be and that only a change from "OP" to considered for the 4.35 acre parcel Hermosa Avenue. cc: Curt Johnson, R.C. Planning Director's Office File 144J3 Z33 0 RESOLUTION NO. ;' � - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 84 -02 C - 19TH STREET CORRIDOR STUDY, TO AMEND THE GENERAL PLAN LAND USE MAP FROM LOW- MEDIUM RESIDENTIAL AND OFFICE TO LOW RESIDENTIAL ON 11.23 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE - APN 202- 191 -13, 14, 23. WHEREAS, the Planning Commission has held a public hearing considered all public testimony and input regarding the requested amendment and recommends approval thereof; and WHEREAS, The City Council has held a public hearing to consider said amendment; and WHEREAS, the proposed Amendment will not be materially injurious or • detrimental to surrounding property. NOW, THEREFORE, BE IT RtSOLVEEO,/ that the Rancho Cucamonga City Council does hereby approve the fbllowing' Amendment to the Land Use Plan of the General Plan. Is findings: SECTION 1: The Rancho Cucamonga City Council has made the following I. The amendment is consistent with the intent of the General Plan Land Use Policies. 2. The amendment promotes the goals of the Land Use Element. 3. The amendment will not be materially injurious or detrimental to adjaceant properties. SECTION 2: General Plan Amendment 84 -02C - An Amendment of the General Plan Land Use Map from Low - Medium Residential and Office to Low - Residential for approximately 11.23 acres of land, located at the Northeast corner of 19th Street and Hermosa Avenue - APN 202 - 191 -13, 14, 23. z ?q SECTION 3: A Negative-Declaration is hereby adopted for this General Plan Amendment based upon the completion and findings of the Initial Study. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: ATTEST: Jon 0. Mike s, Mayor 0 • Beverly A. Au thelet, City Clerk J 0 ORDINANCE NO. 19uii =9300 � 3 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 191 -13, 14, 23, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE, FROM "LM" AND "OP" TO "L 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 Planning 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 the objectives of the Development Code of the City of Rancho Cucamonga. D. 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 Numbers 202 - 191 -13, 14, 23 approximately 11.23 acres of land located at the Northeast corner of 19th Street and Hermosa Avenue is hereby changed from LM (4 -8 du /ac) and OP to L (2 -4 du /ac). 1S. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published- within fifteen (15) days after its passage at least 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 7th day of November, 1984. AYES: NOES: ABSENT: ATTEST: Jon Q. Mike s, Mayor Beverly A. Authelet, City Clerk i 3'7 n L • • E J 1 C1TY OF RANCHO CUCAAIONGA c,atr� STAFF REPORT DATE: July 25, T0: Chairman 'v w- and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 94 -02- A - 19th STREET CORRIDOR STUDY LAND 11SE AMENDMENTS - An amendment to the Genera an Lan Use Map to mo i y the land use designations for certain properties located within the 19th Street Corridor study area. BACKGROUND: This report provides information and analysis on six G specific sites selected for consideration by the Planning Commission for General Plan Land Use Amendments in conjunction with the 19th Street Corridor Study. Where the Planning Commission determines that an alternative land use designation is appropriate, a second public hearing will be necessary to consider a corresponding Development District Amendment, complete the environmental analysis, and finalize the decision on the General Plan Amendments, The following sections describe each of the sites and provid? a series of land use alternatives with staff analysis, and the mao below indicates the six areas under consideration, u T 6 1 S _� �•_ _ __ O_ -- �9 sTT 3 ------------------ 4 - -- 5 — - - -- ---- ' -f - -; th ST c.� 5 STUDY AREA BOUNDARY ® 19th ST. SCALE ® NORM ITEM F GENERAL PLAN AMEND"my 84 -02 19th Street Corridor Land Use Amendments Page 2 r 1 U 11. SITE NUMBER ONE (1 ): A. Location: West side of Beryl Street, south of Hamilton Street - APN 02- 032 -20, 21, and 22. B. Parcel Size: 6.78 acres C. Existing Zoning: LM (4 -8 du /ac) D. Existing Land Use: Vacant E. Surroundino Land Use and Zonin : Nort . Sing e family subdivision; zoned L (2 -4 du /ac) South: Existing single family homes, Small lot single family detached subdivision under construction; zoned LM (4- 8 du /ac) East: Vacant; zoned L (2 -4 du /ac) West: Existing single family subdivision; zoned L (2 -4 du /ac) F. General Plan Designations; • Project Site - Low Gledium Residential (4 -8 du /ac) North: Low Residential (2 -4 du /ac) South: Low Medium Residential (4 -3 du /ac) East: Low Residential (2 -4 du /ac) West: Low Residential (2 -4 du /ac) G. Ana lvsi s: Considering the character of the surrounding neighborhood, the Commission has two basic options wih regard to the land use designation on this site: 1. Maintain the current Low - Medium designation; and, 2. Reduce the density on the site to Low Residential (2 -4 du /ac) . Considering adjacent existing and planned development, this property should clearly be developed with single family detached homes. At issue is the question of wnat is the most appropriate lot size. As the Commission is aware, the "L" district requires a minimum average lot size of 8,000 square feet. The Basic Standards of the "LM" district establish a 6,000 square foot minimum average lot size, whereas under the Optional Standards, lot size is not regulated but common open space is required. Staff analysis of the sites indicate that a maximum of 27 homes could be built under the "L" district standards and about 36 homes under the basic "LM" standards. • The subdivision currently under construction to the south was approved under the Optional Design Standards and has an average lot size of approximately 3500 square feet (7.48 units per acre). is • GENERAL PLAN AMEND 84 -02 19th Street Corridor and Use Amendments Page 3 _ I The existing single family subdivisions to the north and west have typical lot sizes of approximately 7200 square feet. Although a future street connection to this property is provided from the north, the orientation of future development on this site will more closely associate with the developing neighborhood to the south because of the long common frontage along Mignonette Street. .Ir rna NC i Single Fam Gomm. ConOgminrvma FI 1 i l � � I Singla E 19y IAH 1�n I c ...—. family L tf I Vacanit it ira _ � L I I Sl�p�e Famll yl cil L r—� Vacant i Vacant IlA lVIRC}aaglllly ,, 4 I E � " i ~ - -_ FI 1 i l 3 ECT PROPER I Yi Y�a ,, 4 I E � " GENERAL PLAN AMENDM 84 -02 19th Street DGrrido, Land Use Amendments Page 4 • III. SITE NUMBER TWO (2): A. Location: Southwest corner of 19th Street and Beryl Street - APN 202- 461 -61 through 65. B. Parcel Size: 5.01 acres C. Existing Zonina: Low Residential (2 -4 du /ac) 0. Existing Land Use: Three single family homes on separate lots E. Surrounding Land Use and Zoning: North: hurch, Sunscape condominiums; zoned MH (14 -24 du /ac) South: Single family subdivision; zoned L (2 -4 du /ac) East: Church; zoned L (2 -4 du /ac) West: Single family subdivision; zoned L (2 -4 du /ac) F. General Plan Designations: Project Site: Low Residential (2 -4 du /ac) North: Medium High Residential (14 -24 du /ac) South: Low Residential (2 -4 du /ac) • East: Low Residential (2 -4 du /ac) West: Low Residential (2 -4 du /ac) G. Analysis: As with the previous site, two land use alternatives are suggested: 1. No change to the current Low density designation; and, Z. Revise the land use category to Low - medium Residential (4 -8 du /ac). This property has been designated Low Residential since before the City was incorporated. Development of the property will not likely occur for some time considering the fragmented lot pattern and the fact that three homes currently exist on the site. If the property were to be consolidated, it could easily be developed under either the "L" or "LM" district standards without adversely affecting the surrounding neighborhood. This is in part attributable to the fact that no through street connections are provided to the existing single family tracts to the south and west, and the project would have to be developed with access directly off of 19th Street or Beryl Street. Another factor to consider is the intensity of development on the north side of 19th Street, and traffic volumes on 19th Street. • w Y' 1 NC _ Comm. Condominiums L TFSt...g�ja yy 9th MH I 1 SUBJECT Pa ExTI L JII Si le Family t rac Vacant L 'EENTH (OLIVE) 6 -- - - - - -- -STREET I� W H � SUBJECT PROPERTY 'r°JI 10 iov 1 y L 6• 10 � 2s IS 2f • `_ ' • N. M' �30 u I a 3' C a I?I•� ,i3j SR i .0 T ;iefe i v ,..., ill 6 -- - - - - -- -STREET I� W H � SUBJECT PROPERTY 'r°JI 10 iov 1 y L 6• 10 �2� 2s �N 2f E6 �0T �29 �30 u 111 �J2_ �)! a C I?I•� ,i3j T ;iefe i v ,..., ill ill 5'. i •I >I I � V ,� I t1t �I-. .e-- -. ... •.-- X291 .._ .. - E ET -{ _•_�_.6 r - -_- w. _ NORTH CITY Or ITLI: [ -fin ey- oz�a -wmsr srvlx 12 RANCHO CUCANIO\GA TITLE:_srsr� tio 7- PLANNING DIVISION L\IIIIIIT; " SCALE _ GENERAL PLAN AMENDP'ft4r 84 -02 —N 19th Street Corrido, Land Use Amendments Page 5 • IV. SITE NUMBER THREE (3):, A. Location: Northwest corner of 19th Street and Beryl Street - AF172-07-72 I - 0 8 B. Parcel Size: 4.96 acres C. Existing Zoning: MH (14 -24 du /ac) D. Existing Land Use: Existing church site, partially vacant E. Surrounding Land Use and Zoning• North: 'Jacant property; zoned L (2 -4 du /ac) but within the Foothill Freeway Corridor South: Single family homes; zoned Low Residential (2 -4 du /ac) East: Single family homes, single family subdivision, Beryl- Hellman Channel; zoned Low Residential (2 -4 du /ac) West: Sunscape Condominiums; zoned MH (14 -24 du /ac) F, General Plan Designations: • Pro,7 ect Site: IJe ium High Residential (14 -24 du /ac) North: Foothill Freeway Corridor South: Low Residential (2 -4 du /ac) East: Low Residential (2 -4 du /ac) West: Medium High Residential (14 -24 du /ac) G. Analysis: Two options are suggested relative to the land use designation on this site: 1. Maintain the current Medium -High designation; and, 2. Lower the permitted density to Medium Residential (4 -14 du /ac). As indicated above, a church building exists on this property. The building is the first in a series the church intends to build according to the master plan approved in 1979. The existing building is designed as a multi- purpose structure and the future sanctuary is to be built directly to the north. In the event the church decides not to build, the property could be subdivided and the remaining land developed as residential, If this occurs the project design must be sensitive to the abutting existing MH development and the single family homes on the east side of Beryl. The vacant portion of the site is approximately three acres and access • would be provided from Beryl Street. If the property was developed toward the high end Of the current MH District, the small size of the site could present a significant constraint in terms of oroviding an appropriate design. • ��IeJECT PPOPEPTY 4 Single Family Tract NC Comm. Condominiums L Single E MN t Family 9th L Sid�1 Vacant L Fllfly Tj rac L Vacant L — _Vacant LM GREEw.^.Y R•o�w, SUBJECT SuN rA"✓= �N ✓=�' S C4-1 VP=H NORTH CM, OF ITI:. \I: �_E�l -czA -192 sr ��tu RANCHO CL'C 1,N fU \(;A TITLE: PL:\NNINC, DIVISION EXIIIBIT — SG\LE — GENERAL PLAN AMENDI if 84 -02 19th Street Corridor Land Use Amendments Page 6 • V. SITE NUMBER FOUR (4):. A. Location: North side of 19th Street, between Amethyst Street and Archibald Avenue - APN 202- 101 -07, 21, 22. B. Parcel Size: 17.65 acres C. Existing Zoning, MH 14- ( 24 du /ac ), OP (Office Professional) 0. Existing Land Use: One single family home exists in the center Of the site and a Water District well exists on Parcel 7 approximately 300 feet from Amethyst. E. Surrounding Land Use and Zoning- North: Vacant Land and Citrus Orchard; zoned L (2 -4 du /ac), but within the Foothill Freeway Corridor South: Single family homes and single family subdivision; zoned L (2 -4 do /ac), small lot subdivision; zoned LM (4 -8 du /ac) East: Neighborhood shopping center; zoned NC (Neighborhood Commercial) • 'lest: Office Building; zoned OP (Office Professional); Post Office and Fire District Office; zoned MH (Medium High Residential; Retirement Home and Vacant Land; zoned M (8 -14 du /ac) F. General Plan Designations: Project Site: bled ium High Residential (14 -24 du /,_), Office North: Low Residential (2 -4 du /ac) South: Low Residential (2 -4 du /ac), Low Medium Residential (4 -8 du /ac) East: Neighborhood Commercial West: Office, Medium High Residential (14 -24 du /ac), Medium Residential (4 -14 du /ac) G. final sis: When the City incorporated in 1977, this property was -7-5 (Limited Agriculture). A zone change to AP a (Administrative Professional) tthecornerofl9thandArchibaldaine1979rasha result aofea development proposal. The remainder of the property was designated Mixed Use and High Residential (15 -30 du /ac) in February 1979 when the Interim General Plan was adopted. When the current General Plan was adopted in April 1981, the 3 acre site at the intersection of 19th and Archibald remained Office and the remainder of the site designated Medium High Residential (14 -24 du /ac). The significant factors which entered into the decision for higher density included the fact • 24 S..91. vacant Ni SUBJECT PROPERTY t El Vacant S.F. SF. p"' 12519 OP xi fit m SgXje FaTdy L 'ant = Family S. F. T. L L L L C�-� NORTH CITY OF 4 RANCHO CUCANIONGI-k TITLE: PLANNING DIVISION LNIMIM-SCALE: Z. .I I .4 •c, • to yo r :• •• ICI r,:��' F—= SUBJECT PROPERTY a', 19 Fn 45` C�-� NORTH CITY OF 4 RANCHO CUCANIONGI-k TITLE: PLANNING DIVISION LNIMIM-SCALE: Z. .I I GENERAL PLAN AMENOMANIT 84 -02 1 19th Street Corridor Land Use Pinendments Page 7 • that the site is adjacent to the future Foothill Freeway and a future off -ramp, proximity to a neighborhood shopping center, and future availability of public transit along two major travel corridors through the City. A concern which was not addressed, however, was the proximity of the single family homes on the south side of 19th Street across from the project. With regard to the land use designations on this site, there are six options as follows: 1. Maintain current designations of Medium High and Office 2. Maintain Office designation with revision to Medium Residential on remaining land. 3. Maintain Office designation with Low- Medium Residential on remaining land. 4. Redesignate all parcels Low - Medium 5. Redesignate all parcels Medium • The Low - Medium designation on this property would require development which is consistent with the current intensity of the area. Over time, however, as the area intensifies and the freeway is constructed this may not hold true and if the Property remains vacant, pressures to develop a higher density project will exist. Regardless of the product type, however, the project design will be the most significant factor as to whether or not the project is compatible with the area. Also, if the commission chooses to maintain the Office designation at the intersection, it is suggested that a master plan be required for the entire site to provide for integrated development and enhance the compatibility of the office and residential uses. • GENERAL PLAN AMENDM°Al( 84 -02 '1 19th Street Corrido. Land Use Amendments ' Page 8 VI. SITE NUMBER FIVE (5) A. Location: North side of 19th Street from Ramona to Hermosa Avenue - APN 202- 171 -25, 26, 31, 32, 35, 42, 58, 59, 60, 61. B. Parcel Size: Approximately 27.8 acres C. Existing Zonina: Medium Residential (8 -14 du /ac) D. Surrounding Land Use and Zoning: North: Single family home, vacant propery; zoned L (2 -4 du /ac) but within the Foothill Freeway Corridor South: Single family subdivisions; zoned L (2 -4 du /ac) East: Single family homes; zoned L (2 -4 du /ac); vacant property; zoned LM (4 -8 du /ac) and OP (Office Professional) West: Existing apartments; zoned MH (14 du /ac) E. General Plan Designations: Project Site: Medium Residential (4 -14 du /ac) North: Foothill Freeway Corridor South: Low Residential (2 -4 du /ac) East: Low Residential (2 -4 du /ac), Low Medium Residential (4 -9 du /ac), Office • West: Medium High Residential (14 -24 du /ac) F. Analysis: As the Commission is aware, three tentative tract maps are approved on this site. Densities at the higher end of the Medium Residential range, as with TT 11853, are appropriate at the west end of the site adjacent to the existing MH apartment project, while a transition to lower density should occur further to the east. A church occupies the center portion of the subject property and has an approved master plan to cover a large portion of their property. Tentative Tracts 11625 and 11781 on the east portions of the site are approved with a density of approximately 13 units per acre and will expire in early 1985 if not recorded. The land use alternatives for this site include: 1. No revision; or, 2. Revise all or a portion of the site to Low- Medium Residential. It should be pointed out that the General Plan Medium Density range (4 -14 du /ac) differs from the Development Code. Either the LM (4 -8 du /ac) or M (8 -14 du /ac) Development Districts would be consistent with the General Plan. Therefore, an appropriate transition to a lower density eastward could be accomplished with a Development District Amendment. However, a change to Low- Medium on the eastern portion of the site would make Tentative Tracts 11625 and 11781 (Roberts) nonconforming. L SET A .11781 VACANT 11 APT. M rai 11 853 suffi PRO ERTY LM L 11625 UF, S Fart L Far 7 L VACANT IL 1, L SUBJECT - PROPERTY IW .7% El 1, I.V - - --------- 7- Ll CITY OF ITEM:.0046,q-cZA, RANCHO CUCNNI0`\GxA TITLE: �rM t4--.,T PLANNING DIVISION EXIMIM-- SCALE: .;� j , GENERAL PLAN AMENDM. � 84 -02 1 19th Street Corridor Land Use Amendments Page 9 • VII. SITE NUMBER SIX (6) A. Location: Northeast corner of 19th Street and Hermosa Avenue - APiJ0791 -13, 14, 23. B. Parcel Size: 11.23 acres C. E K2 t no Zoning Low Medium Residential (4 -8 du /ac), OP Office Professional) O. Surrounding Land Uses and Zoning: Tlorth: Single family homes; zoned L (2 -4 du /ac) South: Single family homes; zoned L (2 -4 du /ac) East: Single family subdivision; zoned L (2 -4 du /ac) West: Vacant property with two approved residential tracts; zoned Medium Residential (8 -14 du /ac) " E. General Plan Designations: Project Site: Low Medium Residential (4 -8 du /ac), Office North: Low Residential (2 -4 du /ac) South: Low Residential (2 -4 du /ac) East: Low Residential (2 -4 du /ac) • 'West: Medium Residential (4 -14 du /ac) F. Analysis: This property was designated as R -1 when the City incorporated and the designation was turned to Mixed Use on the Interim General Plan approved in 1979. Also approved in 1979 was a zone change to office for the southerly half of this site at the intersection of Hermosa and 19th. When the General Plan was adopted in 1981 this portion of the site remained as Office and the north half of the site was designated as Low - Medium Residential (4 -8 du /ac). Major determining factors to consider regarding this property are the approved condominium projects on the west side of Hermosa, and the surrounding single family homes and subdivision east of Hermosa. The alternatives for this site are as follows: 1. Maintain current Low - Medium 2. Revise Office portion to Low - Medium 3. Redesignate the entire site Low Residential 4. Revise Low- Medium portion to Low Residential A Low Residential designation on this site would be clearly consistent with the existing adjacent development. A typical single family subdivision could be accommodated with the extension of one or both easterly deadend streets through the project site. The Low- Medium designation currently on the north half of the site was provided as a buffer between the Medium Residential to the west and the single family GENERAL PLAN AMEND"@� 84 -02 1 19th Street Corridor Land Use Amendments Page 10 subdivision to the east. Through the use of proper design controls and architecture and site planning, it is possible a project can be developed with a single family character compatible with'the surrounding area. In terms of deciding if Low or Low - Medium, is most appropriate for this site, the Commission must determine whether development of the property should be more sensitive to land uses on the east (single family) or west (condominiums). Regarding the Office designation on the property, the Commission denied a General Plan amendment to Low- Medium in March 1984. As you may recall, there was considerable discussion whether or not a somewhat isolated site is appropriate for office development. If the Commission chooses to eliminate the office designation, all three subject parcels should be given the identical land use designations. VPCW?, 4PI. M •(err -,T- LYk Faih'iEe�I L u �_I I VACpMf L i f .r,.� -_ SUBJECT PROPERTV _ a . LET al :L .7 - • GENERAL PLAN AMENDMdl� 84 -02 1 19th Street Corridor Land Use Amendments Page 11 • VIII. ENVIRONMENTAL ANALYSIS: Following a determinaion by the Planning Commission regarding the specific land use revisions, staff will complete the Initial Study including the Environmental Checklist. This will allow for review of the potential environmental impacts based on more detailed information. IX. RECOMMENDATION: It is recommended that the Planning Commission review the alternatives on each of the sites and consider them in light of General Plan policies, compatibility with existing adjacent development, and future planned development. The Commission should then direct staff to complete the environmental analysis, to finalize the General Plan amendments, and to present a zone change where necessary for further consideration in conjunction with General Plan Amendments. Respectfully submitted, Rick Gomez City Planner RG:Cd:jr \J 40 ;�:�- 1 u Figure 111-1 LAND USE PLAN RESIDENTIAL --_; VERY LOW <2 Du's AC LOW 2.4 M's AC C� LOW- MEDIUM 4-8DU's:AC MEDIUM 4.14 DU's AC MEDIUM -HIGH 14-24DU'sAC L� HIGH 24-3000's.AC J MASTER PLAN REQUIRED COMMERCIAL /OFFICE t» COMMERCIAL COMMUNITY COMMERCIAL NEIGHBORHOOD COMM. " REGIONAL COMMERCIAL ;s OFFICE 0 (/ V NORTH CITY OF ITEM: _CFA C-q —02 A — I-M s . -. a • RANCHO CL:C MONGA TITLE: 6WM1PAL_ P�, j PL\NNING DIVISION EXHIBIT: — SCALE: — 4 7 Motion: Commissioner Chitiea made the motion to adopt the Resolution with the • following rewording to the first sentence of condition number two of the Council Resolution: "The northern lake shall become the form giving element and provide greater visibility of the lake and lake edge activities." The remaining portion of the condition would remain as written. Motion seconded by Stout, unanimously carried. AYES: COMMISSIONERS: CHITIEA, STOUT, BARKER, MCNIEL, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - carried x x x x x 11:00 p.m. - Commission Recessed 11:10 p.m. - Commission Reconvened x x x x x Motion: Moved by Rempel, seconded by McNiel, unanimously carried, to continue past the 11:00 p.m. adjournment time. x x x x x Chairman Stout announced that the following items would be heard concurrently. • K. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 A - 19TH STREET CORRIDOR STUDY - An amendment to the General Pan Land Use 'Rap from Medium -High Residential (14 -24 du /ac) to Medium Residential (4 -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Street - APN 201- 221 -08. L, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 A - 19TH STREET CORRIDOR STUDY - A Development District amendment from ?4H" -23 du /ac to "M" -14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Street - APN 201- 221 -08. M. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -02 8 - wnn,uvn aioo� - nn mnenuinenL ,u �.rie ueneru, rian Ldnu use Mdu irum urT ice to Medium Residential (4 -14 du /ac) and from Medium -High Residential (14 -24 du /ac) on 18.75 total acres of land, loctedon the north side of 19th Street between Archibald Avenue and Amethyst Avenue - APN 201 - 101 -07, 11, 21, 22. N. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -028 - �irc¢cr wnnruun �iuur - n ueveiopment uistrxcz amendment trom UP 0 ice /Professional to M (8 -14 du /ac) on 18.75 total acres of land, located on the north side of 19th Street between Archibald Avenue - APN 201- 101 -07, 11, 21 and 22. Planning Commission Minutes -13- August 22, 1984 0. ENVIRONMENTAL ASSESSMENT AND GENERAL PL AN AMENDMENT 84 -02 C - 19T4 STREET • ORRIJOR STUDY - An amendment to the General Plan Land Use Map from Office and Low Medium Residential (4 -8 du /ac) to Low Residential (2 -4 du /ac) on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue - APN 202- 191 -13, 14, 23. P. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 C - 19TH TREEi CORRIDOR S UDY - A Development District amendment from "OP" Office /Professional and "LM" (4 -8 du /ac) to "L" (2 -4 du /ac) on 11.23 acres of land located at the northeast corner of 19th Street and Hermosa Avenue - APN 202- 191 -13, 14 and 23. Curt Johnston, Associate Planner, reviewed the staff report. Chairman Stout opened the public hearing. James Chase, part owner of the sites on items 0 and P (northeast corner of 19th and Hermosa), objecting to the redesignation of the project as Lon and stated that "LM" is an appropriate land use and compatible with adjacent area. Richard Dickason, Lincoln Properties, addressed items M and N (north side of 19th west of Archibald) and stated that the developer of this site had redesigned his project to be compatible with existing General Plan and Development Code requirements and that this design would be presented to the City Council at their next meeting. He stated that Medium High is an appropriate designation for this site and requested that no action be taken at this hearing. • Bruce Ann Hahn, 9910 Lavine, Rancho Cucamonga resident, suggested that the site at 19th and Hermosa be reduced to Low. Additionally, 19th and Archibald should be designated to be more compatible with the surrounding area. There were no further comments, therefore the public hearing was closed. Item K Motion: Moved by Barker, seconded by Chitiea, unanimously carried, to adopt the Resolution recommending approval of General Plan Amendment 84 -02 A to amend the General Plan Land Use Map from Medium -High Residential to Medium Residential for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APN 201 - 221 -08. Item L Motion: Moved by Chitiea, seconded by Barker, unanimously carried, to adopt the Resolution recommending approval of District Change 84 -02 A, requesting a change in the District Designation from Medium -High to Medium for 4.96 acres located at the northwest corner of 19th Street and Beryl Avenue - APN 201 -221- 08. Planning Commission Minutes -14- August 22, 1984 • • Item M Commissioner McNiel suggested that the Office designation at the northwest corner of 19th and Archibald be retained. He stated that 10 -15 years down the road, they may be needed. Commissioner Chitiea agreed. Cor- nissioner Barker stated that he understood Commissioner McNiel's position, but was not heartily in favor of continuing the Office /Professional. Commissioner McNiel reiterated his position on the need for office designations. He stated that this intersection is going to be a major intersection and did not see the need to abandon the office designation at this time. Commissioner Rempel stated that it is a very small piece and as is too small for an office complex, but more suited for a service station or restuarant which would take a Conditional Use Permit. Motion: Moved by McNiel, seconded by Stout, to retain the office professional as presently designated on this site. Motion passed 4 -1 with Commissioner Barker voting no. Motion: 'loved by Barker, seconded by Stout, unanimously carried, to adopt the Resolution recommending approval of General Plan Amendment 84 -02 B, which ID amends the General Plan Land Use Mao from Medium High Residential to Medium Residential (4 -14 du /ac) on approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue. Item N Motion: Moved by Barker, seconded by McNiel, unanimously carried, to adopt the Resolution recommending approval of District Change No. 84 -02 -B, requesting a change in the District Designation from Medium High to Medium for approximately 15.75 acres of land located on the north side of 19th Street, between Archibald and Amethyst. Item 0 Motion: Moved by Stout, seconded by Barker, unanimously carried, to adopt the Resolution recomending approval of General Plan Amendment 84 -02 -C, amending the General Plan Land Use Mao from Low - Medium Residential and Office /Professional to Low Residential on 11.23 acres of land, located at the northeast corner of 19th Street and Hermosa Avenue. Item P Motion: Moved by Stout, seconded by McNiel, unanimously carried, to adopt the Resolution recommending approval of District Change 84 -02 -C requesting a change in the District Designation from Low Medium and Office /Professional to Ile Planning Commission Minutes -15- August 22, 1984 - I Low for 11.23 acres of land located at the northeast corner of 19th Street and • Hermosa Avenue. DIRECTOR'S REPORTS q. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIE'A 84 -32 - 3ARN,7KIAN - The development of an industrial complex totaling 23,000 square feet on 3 acres of land in the General Industrial /Rail Served category (Subarea 5), located at the northwest corner of Center Avenue and 6th Street - APN 209- 261-26. Linda Daniels, Associate Planner, reviewed the staff report and stated that most concerns of the Design Review Committee had been addressed with the exception of the colors proposed for the building. She explained that the Design Review Committee had stated a preference that the concrete remain in the natural grey color; however, the applicant expressed preference to paint the grey surface. Chairman Stout stated that there was one other issue discussed in Design Review relating to the use of fluted concrete block on the connecting calls, which the applicant had agreed to provide. Pete Pitassi, representing the applicant, addressed the Commission stating that he would agree to providing the fluted concrete block on the connecting walls. He stated agreement with the staff report and the Resolution with the exception of the applicant's desire to paint the non - sandblasted exterior surfaces rather than leave it in its natural concrete state. He advised that • this would give the building a more uniform color. Additionally, he advised that the applicant was flexible on the accent colors and mould accept the Commission's suggestions. Commissioner Rempel stated that there are two things wrong with painted surfaces; they require more maintenance and at some time will need to be repainted, at which time a different exterior color might be selected. He suggested that if the applicant desired a darker grey, he could add more concrete to the mixture. Chairman Stout stated that he thought the accent colors would be on the fluted concrete but that the flat surfaces would be sandblasted. Mr. Gomez stated that during discussions in Design Review it was determined that fluted concrete would go around the office portions of the building with the remainder to be sanblasted and the color accents would be around the fluted concrete. Additionally, that only the colored reveals would not be sandblasted. Chairman Stout agreed with Commissioner Rempel and preferred sandblasting to the painted surface. Further, he liked the fluted concrete used as an accent and would like to see a condition added requiring the use of the fluted concrete block on the connecting walls. Additionally, he suggested that the orange and purple color hues be deleted from the applicant's suggested color palette. Planning Commission Minutes -16- August 22, 1984 z5" Raymond Walton, 7355 Agate, Rancho Cucamonga, addressed the Commission • regarding the block wall on the south side of the property. Mr. 'Walton explained that he was the adjacent property owner and asked if he would be able to utilize the area between the property line and the wall to improve his entrance. Ted Hopson, Assistant City Attorney, advised that this matter would have to he discussed with the applicant as this issue is a private matter and is not one the City could address. There were not further comments, therefore Chairman Stout closed the public hearing. Motion: Moved by Barker, seconded by McNiel, unanimously carried, to adopt the Resolution approving Conditional Use Permit 84 -12 with an additional condition to the Resolution requiring the installation of fire hydrants Per Foothill Fire District. M # • k R 9:50 - Planning Commission Recessed 10:00 - Planning Commission Reconvened F • the Rancho Cucamonga VGeneral VPlan� to modify the land use designations for certain properties located within the 19th Street Corridor Study area. Curt Johnston, Associate Planner, reviewed the staff report. The following sites were submitted for consideration by the Commission: Site 1 - West side of Beryl Street, south of Hamilton Street - APN 202- 032 -20, " 21, and 22. Site 2 - Southwest corner of 19th Street and Beryl Street - APN 202 - 461 -61 through 65. Site 3 - Northwest corner of 19th Street and Beryl Street - APN 201 - 221 -08. Site 4 -North side of 19th Street, between Amethyst Street and Archibald - APN 202- 101 -07, 21 and 22. Site 5 - North side of 19th Street, from Ramona to Hermosa Avenue - APN 202- 171-25, 26, 31, 32, 35, 42, 58, 59, 60, 61. Site 6 - Northeast corner of 19th Street and Hermosa Avenue - APN 202 - 191 -13, 14, 23. Chairman Stout opened the public hearing. The following individuals addressed the Commission: Planning Commission Minutes -7- July 25, 1984 ;c - i Larry Lewis, 6739 Cambridge, Rancho Cucamonga, requested down zoning on sites 4, 5, and 5. Jim Ell ers, 10206 Ring, Rancho Cucamonga, requested that all densities be lowered. Mary Dodds, Rancho Cucamonga resident, requested lower densities and removal of DP designations. Jim Reams, Barratt Irvine Corporation, requested that site number 5 remain as now designated. John Gardner, Highland Avenue resident, requested down zoning on site number 4. Tom 'Winfield, Robert Group representative, requested no action be taken on site 5 at this time. Richard Dickson, Lincoln Propert',es representative, requested that no action be taken on site 4 until the proposed project is reviewed. Greg Enthrop, 6791 Berkshire, Rancho Cucamonga, requested sites 5 and 6 be single family residential. Jack Causey, Rancho Cucamonga resident representing owner of site 6, stated that it is not appropriate to ask a property owner to down zone his property in order to raise the property values of others. Bruce Ann Hahn, Rancho Cucamonga resident, requested down zoning on sites 4, 5, and 6. Larry Bliss, 6632 Carnelian, Rancho Cucamonga, stated that apartments are an appropriate land use for site 4. Additionally, three other Rancho Cucamonga residents addressed the Commission requesting down zoning on sites 4, 5, and 6. There were no further comments, therefore Chairman Stout closed the public hearing. After review of each of the sites, the Commission directed staff to prepare further analysis and alternative land uses for sites 3, 4, and 6. These sites will again be reviewed by the Planning Commission for possible General Plan and Development Code Land Use amendments. Additionally, the Commission directed that should the map expire on site number 5, it will be reviewed by the Commission at that time for a possible land use amendment. 11:15 - Planning Commission Recessed 11:25 - Planning Commission Reconvened \J Planning Commission Minutes -8- July 25, 1984 • 0 n U ®I CITY OF RANCHO Cli CAMONGA MEMORANDUM DATE: October 17, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 84 -06 AND RELATED EIR G<;�G1h{�h IZ 1977 Per the attached letter, the applicant has requested a continuance of the public hearing to November 7, 1984 in order to meet and confer with Redevelopment Agency staff. This continuance would also provide additional time to complete the final EIR. RECOMMENDATION: Staff recommends that the public hearing on the certification of the Final EIR and CUP be continued to the November 7, 1984 meeting. submitted, ick itY :DC:jr tachment: Letter from applicant �i� -1 II ERNEST W. HAHN, INC. 1- 3666 KEARNY VILLA ROAD, SAN CIEGO. CALIFORNIA 92123 • TELEPHONEt (619) 569 -6949 VIA FEDERAL EXPRESS October 2, 1984 Mr. Jack Lam Community Development Director CITY OF RANCHO CUCAMONGA 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 ^ITY OF RANCHO CUCAMONGA COMMUNITY CEVEI OPMENT DEPT. OCT 0 1984 AM PM 718(91YI11112111213191516 X Subject: Request for Extension Dear Jack: Please consider this letter a request for continuance or extension on the matter of the certification of the EIR and approval of Conceptual Master Plan for our regional shopping center. We request that this matter be heard at your next regularly scheduled meeting • on November 7, 1984. The purpose of the request for continuance or extension is to provide us the time to meet and confer with the City of Rancho Cucamonga and the Redevelopment Agency staffs. Sincerely, ERNESTvI. HAHN, !NC. !NC. Daniel T. Fe;ix , Vice President Redevelopment OTF /KM c; John Gilchrist Maynard Rice • 1 a ORDINANCE NO. 230 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The Rancho Cucamonga Municipal Code is hereby amended to read as fo oZTwso "Chapter 1. Ambulances 'Sec. 4.1.01. Definitions. Unless otherwise stated, words and terms are defined as follows: (a) AMBULANCE. The term 'ambulance' means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons and which is equipped with emergency signaling devices (such as red light and siren) or which is Subject to licensing by he California Highway Patrol as an ambulance, (b) AMBULANCE SERVICE OPERATOR. The term 'ambulance service operator' means any person who owns or operates one or Wore ambulances. (c) COUNCIL. The term 'Council' means the City Council of the City of Rancho Cucamonga. • (d) CLASS OF SERVICE. The term 'Class of Service' means the level or levels of complexity of field emergency medical services and will be specified as basic life support provided by Emergency Medical Technician (EMT -IA) personnel conforming to California Health and Safety Code, Section 1760 (f), full advanced life support provided by California licensed physician or by paramedics and mobile intensive care nursers certified by the County Health Officer under California Health and Safety Code, Section 1481. (e) CITY, The term 'City' means the City of Rancho Cucamonga, California, (f) CITY MANAGER. The term 'City Manager' means the City Manager of the City of Rancho Cucamonga, or his designee. (g) COUNTY, The term 'County' means the County of San Bernardino, California. (h) COUNTY HEALTH OFFICER. The term 'County Health Officer' means that person designated as such by the County of San Bernardino. (i) EMERGENCY CALL. The term 'Emergency Call' Is a request for the dispatch of an ambulance to transport or provide other assistance for a person who apparently has a sudden or unforeseen need of medical attention, (j) EMERGENCY SERVICE. The term 'Emergency Service' means the functions performed in response to an emergency call. (k) PATIENT. The term 'Patient' means a sick, injured, wounded, invalid, expectant mother, convalescent, Or otherwise incapacitated person, (1) PERSON. The term 'Person' includes any individual partnership, firm, corporation, association, governmental agency or other group or combination acting as a unit. Ordinance No. 230 Page 2 (m) BASIC LIFE SUPPORT (BLS) AMBULANCE. The term 'BLS Ambulance' means an ambulance which has equipment and supplies as IV specified by Title 13, California Administrative Code. (n) ADVANCED LIFE SUPPORT (ALS) OR LIMITED ADVANCED LIFE SUPPORT (LALS) AMBULANCE. The term 'ALS or LALS Ambulance' means an ambulance which has additional equipment and supplies as specified by the County Health Officer. (o) MOBILE INTENSIVE CARE (MIL) PARAMEDIC. The term 'MIC Paramedic' means a person specially trained in the provision of emergency cardiac and noncardiac care appropriately certified by the County Health Officer. (p) MOBILE INTENSIVE CARE (MIC) NURSE. The term 'MIC nurse' means a nurse who has been certified by the County Health Officer as qualified in the provision of emergency cardiac and noncardiac care in the issuance of emergency instructions to MIC paramedics. (q) PERMITTEE. The term 'Permittee' means any person who possesses a current City permit to act as an ambulance service operator. (r) CODE 3. The term 'Code 3' means the period when an ambulance is traveling to or from a patient pick -up point using red lights and /or sirens and is traveling in such a manner as to reach its destination In the shortest possible time. "Sec. 4.1.02. Permits: Required. It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or • place in the City except in conformance with a valid City permit to operate an ambulance service. (a) EXCEPTIONS. The equipment and personnel standards specified in this chapter apply to all ambulance agencies; however, the licensing and permit requirements Shall not apply to: (1) Publicly owned ambulances; or, (2) Vehicles operated as ambulances at the request of local authorities during any 'state of war emergency,' duly proclaimed 'state of emergency' or 'local emergency,' as defined in the California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as amended. "Sec. 4.1.03. Permit Fees. Permit fees shall be these which are, from time to time, set by the Council. All permits shall be issued to expire on June 30 of each year. "Sec. 4.1.04. Application for a Permit or Renewal of a Permit. (a) PROCEDURE AND INFORMATION REQUIRED. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall include the filing with the City Manager an application to writing on a form to be furnished by the City Manager, which shall provide the following minimum Information: (l) Name and description of applicant. • w 11 Ordinance No. 230 Page 3 . (2) Business address and residence address of any ndividual applicant. (3) The name under which the ambulance service will do business. (4) If a corporation, a joint venture, a partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation In the business. (S) A verification that the applicant is equipped to and will provide ALS paramedic service at all times in the City. (6) A statement in renewal applications that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. When an Initial application is submitted, a statement that the applicant will own or will have under his control required equipment to adequately Conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code and that the applicant will own or will have access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. Both initial and renewal applications most contain a statement that the applicant will maintain (station) at least one ALS equipped ambulance within the geographical boundaries of the City, Additionally, the applicant must establish to the reasonable satisfaction of the City Manager that the applicant has adequate capability to 'back up' or augment such ALS equipped ambulance if it is Trot immediately available to respond to a call • therefor. (7) R list for renewal applications amended as required during th! year for any changed, substituted, or descri ambulance vehicles, giving a complete description pf each ambulance vehicle vehicle operated the applicant, covering a list of the internal equipment carried by each ambulance, incliding y bace the patient Capacity thereof, Amino one a copy of the most recent each Inspection Report issued by the California for Patrol for each vehicle. When an teal submitted, he application is submitted, a list, amended as required during the year for any substituted, leased vehicles, giving complete description each a ulanee ve of each ambulance vehicle to be by the e ,covering carried applicant, covering a lest of the internal equipment carried by each ambulance, including the patient ect capability thereof, one a copy of the most recent Ambulance ns Report Issued by the ace Icle r each shall Highway Patrol far each vehicle shall be provided to the City Manager City Manager prior to the start of ambulance operation. (8) An affirmation for renewal applications that each permitted ambulance and its appurtenances conform to all applicable provisions of this ordinance, the California Vehicle Code, the California Administrative Code and any other State, County or City applicable directive. When an initial application is Submitted, and affirmation that each Permitted ambulance and its appurtenances conform to all applicable provisions of this chapter, the California Vehicle Code, the California Administrative Code, and any other State, County or City applicable directive Shall be provided to the City Manager prior to the start of ambulance operations. (9) A statement for renewal applications that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic ambulance services of ® good quality at all times to the City, When an initial application is submitted, a Statement that the applicant will employ sufficient Personnel adquately trained and available to deliver emergency ALS ambulance services of good quality at all times. 2 Ordinance go. 230 Page 4 (10) A lilt for cone..; aDplicatlens giving a description • of the level of training for each ambulance employee and a copy of each certificate or license issued by the State and County establishing qualification. of such personnel in ambulance operations. Vben an Initial application Is submitted, a 31st, amended as required during the year for any personnel changea, giving desaription of the level of training for each ambulance employee and a copy of each certificate or license Issued by the State and County establishing qualifications of such personnel In ambulance operations shall he provided to the City Manager prior to start of ambulance operation. (11) A statement, in an initial application, that an... to the satisfaction of the City Manager that the issuance of a permit is In the public interest and there is a seed for a permlt to be '.saved, in that there is a requirement for ambulance service which can he legally serviced by the applicant. (12) A statement signed by the applicant that as a condition of the Zity issuing a permit, applicant agrees to appear and defend all actions against the City arising cut of the exercise of amid permit, and shall indemnify and save the City, its officers and employees and agents harmless of and from all claims, islands, actions, do he ... a of actions of every kind and description resulting directly or indirectly, arising out or, or in any way connected with the exercise of tnia permit, "Sec. 4.1.05. investigation by sty Manager. Upon receipt of a completed initial (con- renewal) application, the City Manager shall conduct an Investigation to determine if the applicant meets all requirements of this Ordinance. Upon completion . of his investigation, the City Manager shall recommend to the Council that a permit be granted or denied. The determination of the Council shall be made after a public tearing upon the qualifications of the applicant. "Sec. 4.1,06. Iaaua... or Denial of permit. (a) The City Council may order the Issuance of a new permit to conduct an ambulance service in the City upon finding that the mpplicant delta all requirements of this Ordinance. (b) The C .... il may order the denial of a permit if It finds: (1) That the application is not in the form and does not contain the information required by the provisions of this chapter; (2) That the veblclea described in the application are Inadequate or unsafe for the purposes for which they are to be used; (3) Tat the color scheme, name, monogram, or insignia to be used upon such vehicle. is in conflict with or imitates any color scheme, name, monogram, or Insignia used by any person as a to be misleading or tend to deceive or defraud the public, (c) The Council may order the denial of a permit if the applicant or any partner, officer or director thereof: (I) Mal previously the holder of a City peralt, which permit was revoked er Suspended and the term! or conditions of the suspension have not been fulfilled or corrected. (2) 1. committing any act, which, if committed by any • permittee, would be grounds for the suspension or revocation of a permit Sasued pursuant to this Ordinance. Ordinance No. 230 Page 5 • (3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefited. (4) Has acted as an ambulance service operator in the City without possessing a valid permit therefor. (5) Has aided or abetted any person to violate any provision of this chapter or any prior ambulance ordinance. (6) Makes any false or misleading statement upon any application, or during the course of any investigation, required or permitted by this chapter, (c) BONDING OF APPLICANT. Before any permit is issued under the provisions of this Ordinance, the Council shall require the applicant as a condition to the issuance of the permit to post with the City Clerk a cash hand in the sum of Twenty Five Thousand Dollars ($25,000.00) or a surety bond in the same amount furnished by a corporation authorized to do business in the State of California, payable to the City. The band shall be conditioned upon the full and faithful performance by the permittee of his obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. (d) LIABILITY INSURANCE. The permittee shall obtain and keep in force during the term of said permit public liability and bodily Insurance issued by a company authorized to do business in the State of California insuring the owner, and also naming the City as an additional Insured of such ambulance against loss by reason of injury or damages that may result to persons or property from negligent • operation or defective construction of such ambulance, or from violation of this Ordinance or of any other law of the State of California or of the United States. Said policy shall be in the sum of not less than Four Million Dollars ($4,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such vehicle shall not be less than Four Million Dollars ($4,000,000.00) for damages to or destruction of property in any one accident. Workers' Compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certifcates evidencing such policies shall be filed with the City Clerk. All policies shall contain a provision requiring a thirty (30) day notice to be given to the City Clerk prior to cancellation, modification or reduction of limits. 11 "Sec. 4.1.07, Content of Permit. The permit shall specify the dates of issuance and of expiration, the number of Amulance units to be used by the permittee and any special conditions regarding communications, equipment and personnel deemed appropriate by the City Council. -Sec. 4.1.08. Amendment of Permits Upon request by the permittee, the City Manager may amend the conditions specified in a permit If he finds such requested changes to be in substantial compliance with the provisions of this Chapter. Such amendment shall not affect the expiration date of the existing permit, nor shall It authorize a change In ownership from that specified In the original permit. Ordinance No. 230 Page 6 "Sec. 4.1.09. Renewal of Permits. • (a) Permits shall be renewed annually by the City Manager upon application of the permittee, if the permit holder proposes no Substantial change in the content of the permit, and if the City Manager determines that the permit holder has, during the period of the expiring permit, operated in substantial conformity with the provisions of this Ordinance and the rules and regulations of the City, and that he is capable of continuing operation in conformity with the rules and regulations of the City. (b) Unless good cause can be shown by the permittee, it shall be a valid basis for non- renewal of a permit If the permittee has not, during the preceding permit period, had a Code 3 response time to at least 95% of its emergency calls of eight (8) minutes or less. Said response time being measured from the time the permittee received the request until the permittee's ambulance actually arrived at the location for which the service was requested, (c) If the renewal application proposes a substantial change in the content of the permit, the application shall be processed as a new application pursuant t0 sections 4.1.05 and 4.1.06 of this chapter. "Sec. 4.1.10. Suspension and Revocation of Permits. The City Manager shall be empowered to suspend or revoke the permit issued under the provisions of this Chapter to operate an ambulance service, when it has been found after investigation that the permittee or any partner, officer, or director: (a) Violates any section of this chapter or any rules or regulations that are promulgated by the City which relate to his • permit activities. (b) Is convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit forming drugs. (c) Commits any act involving dishonesty, fraud, or deceit whereby another is Injured, or whereby the permittee has benefited, or any act involving moral turpitude. (d) Mas misrepresented a material fact in obtaining a permit, or is no longer adhering to the conditions specified In his application. (e) Aids or abets any person who violates the provisions of this chapter. (f) Fails to make and keep records showing his transactions as a permittee, or fails to have such records available for Inspection by the City Manager or his duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the City Manager or make such record available for inspection. (g) Accepts an emergency call when either unable or unwilling to provide the requested service or falls to inform the person requesting such service of any delay and fails to obtain the consent of such person before causing an ambulance to respond from a location more distant than the one to which the request was directed. (h) Failure, without adequate Justification, to continuously provide MIC paramedic emergency service for a continuous period of more than 24 hours. • t'c Ordinance No. 230 Page • (i) Fails to notify the Fire Department of a request for emergency ambulance service. (d) Operates an ambulance demoted as a paramedic unit by warding or lettering on the unit without qualified MIC personnel and equipment in the vehicle. (k) During any validation Period of Trot less than thirty (30) days, failure of permittee to respond to 95% of Code 3 calls within eight (8) minutes or less will be sufficient grounds for revocation of permit. "Sec. 4.1.11, Suspension, Conditional Operation, and Temporary Variance, In the event of a change in ownership of any kind or nature any interruption of service of more than twenty -four (24) hours duration, or any substantial change in staffing or equipment of the ambulance service, which causes the ambulance service to be carried out differently than specified in the current operating permit, the permittee shall notify the City Manager immediately in writing, stating the facts of such change. (a) Upon request by the permittee, the City Manager may grant a temporary variance in writing from the condition specified in the original permit if he finds that such change is in substantial compliance with the provisions of this Chapter. If the City Manager finds that such change is not in substantial compliance with this Ordinance, he may suspend, revoke, or amend the permit by written notice. In all cases when a change of ownership occurs in an • ambulance service, an application for a new permit shall be filed with the City Manager within thirty (30) days. In no case shall any temporary variance be valid for more than sixty (60) days without written approval of the Council. "Sec. 4.1.12. Appeal Procedure. If the renewal of a permit is denied by the City Manager or If the City Manager suspends or revokes a permit, the permitee Shall be given written notice specifying not only the action taken, but in the event of A suspension or revocation, the effective date thereof, which shall be not less than fifteen (15) days after the date of said notice. Such notification shall be by registered or certified mail. (a) within ten (10) days after the date of such notification, the permittee may request a hearing before the City Manager, Such request must be in writing to the City Clerk. If such request Is timely made, the effective date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. The City Manager may, after suchd hearing, affirm, modify, or set aside the original decision. (b) If, after the hearing provided for above, the City Manager denies the renewal of or suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Council. A request for a hearing shall be made In writing to the City Clerk within fifteen (15) calendar days following the denial, suspension, revocation or non - renewal of the permit. Upon receipt of a written request, the City Clerk shall set the matter for hearing on a date not more than sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, and any other Interested persons who may present evidence, relevant to the is decision of the City Manager. Within thirty (30) days following the Ordinance No. 230 Page B conclusion of the hearing, the Council shall make findings and issue • its order, whether or not the permit should be issued or the suspension or revocation sustains. (c) During the time available to request an appeal, and at any time before the appeal to the Council shall have become final, the effect of Such non - renewal, suspension or revocation shall be stayed. (d) Notwithstanding any other provisions herein contained to the contrary, the City Manager shall be empowered to effect an immediate suspension of a permit without delaying the effective date thereof If he first finds the continued conduct of such permittee is so far removed from compliance with this Chapter or the general welfare of the citizens of the City as to Justify such immediate action. (e) Any permittee who has such immediate suspension action taken against it shall have a hearing scheduled before the City Manager within seven (7) working days of such suspension. "Sec. 4.1.13. Emergency Service Requirements Each Permittee shall provide emergency MIC paramedic ambulance service on a continuous twenty -four (24) hours per day basis. "Sec. 4.1.14. Conformance with Permit Ordinance. No ambulance operator shall provide ambulance service for ambulance calls originating within the City unless he shall first have a valid City permit. "Sec. 4.1.15, Standards for Dispatch. • Each ambulance service receiving an emergency ambulance request shall dispatch an ambulance in compliance with the procedures identified in Title 13, California Administrative Code. If an ambulance is not available for immediate dispatch, the procedures identified in Title 13, California Administrative Code, shall be complied with. (a) The Fire Department shall be immediately notified of any emergency ambulance request, "Sec. 4.1.16. Ambulance Safety and Emergency Equipment Requ lrement5. Ambulances Shall be maintained at all times in good mechanical repair and in a clean and sanitary condition. (a) MINIMUM EQUIPMENT. All ambulances shall be equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code and administrative rules of the County Health Officer as the same are now written, or hereafter amended. (a) ALS AMBULANCE EQUIPMENT. In addition to the regular ambulance equipment and supplies, any ALS ambulance shall also be equipped as required by the valid administrative rules of the County Health Officer. (c) MAINTENANCE OF EMERGENCY EQUIPMENT AND SUPPLIES. Dressings, bandaging, instruments and other medical suppti es used for • care and treatment of patients will be protected so they are sterile when ready for use. < ..., Ordinance No. 230 Page 9 • "Sec. 4,1.17. Ambulance Personnel, Every person who drives an ambulance within the City, while responding to emergency calls, shall comply with the requirements in the California Administrative Code for ambulance drivers, The driver of an ambulance shall be trained and competent in the proper use of all emergency equipment required by this Ordinance. The driver shall also hold a certificate of at least an EMFIA unless the ambulance service operator has been specifically exempted from this requirement by the Council. (a) AMBULANCE ATTENDANT. An ambulance attendant shall be trained and competent in the proper use of all emergency equipment required by this Ordinance, and shall hold the required certification of at least an EMT -lA. If the vehicle is being used as an ALS ambulance, at least one attendant shall hold a certificate as an MIC paramedic issued by the Health Officer for ALS ambulance. (b) ATTENDANT REQUIRED. Each ambulance being operated within the City, in, response to an emergency-call, shall be staffed by both a driver- attendant. Th41ttendant of an ambulance responding to an '*Wrgel(cy raTisha 11 occupy the patient compartment while transporting any person in apparent need of medical attention. An ambulance driver or ambulance attendant who is a California licensed physician or an MIC nurse certified by the County Health Officer, shall be exempt from the emergency medical training requirement of this section. This section Shall not apply during any 'State of emergency' or 'local emergency' as defined in the Government Code of the State of California. • "Sec, 4.1.18. Continuation of Call. An ambulance based and properly licensed outside the City but not licensed by the City shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City. "Sec. 4.1.19. Emergency and Disaster Operations. During any 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency Services Act (Chapter 7 of Division I of Title 2 of the Government Code), as amended, each ambulance service operator shall provide equipment, facilities, and personnel as required by the City Manager, "5ec. 4.1.20. User Complaint Procedures. Any user or subscriber to an ambulance service contending that he has been required to pay an excessive charge for service or that he has received unsatisfactory services may file a written complaint with the City Manager setting forth such allegations. The City Manager shall notify the affected permittee of such complaint, and shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City Manager shall take a reasonable and proper action to secure compliance with the conditions of this Ordinance. :t '' Ordinance No. 230 Page 10 'Sec. 4.1,21. Enforcement Responsibilities. • (a) The City Manager shall make all necessary and reasonable rules and regulations subject to the approval of the Council covering ambulance service operation, ambulance equipment ftiveanb lance r vehicles, ambulance personnel, on ad,Mistration of this Ordinance. (b) The City Manager shall inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. 'Sec. 4.1.22. Excused Performance. No operator shalt be deemed to be in violation of its permit if it shall fail to provide, either in whole or in part, the services otherwise required of it if such performance is prevented by any of the following: (a) Acts of God; (b) Labor strikes or disputes; c) Intervention of any government body; or (d) Any force reasonably beyond the control of the operator. SECTION 2: The City Council hereby declares that it would have adopted or this r nonce and each section, subsection, sentence, clause, phrase portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutuional. If f. any reasons any portion if other Ordinance shall be declared invalid or unconstitutional, provisions thereof shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City, Clerk shaft • be attest to Re same, and the City Clerk shall cause ateleadionce in The published within fifteen (15) days after its passage, Dail Re ort, a newspaper of general circulation, published in the City aP RMW o, an circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1984. AYES: NOES: ABSENT: ATTEST: on a s, aYOr ever y ut a et, Y er 0 • I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 17, 1984 TO: City Council and City Manager FROM: Lloyd S. Hubbs, City Engineer SUBJECT: FLOOD DAMAGE PROTECTION ORDINANCE 40A % x i� VI - 19 -] - Attached for Council execution is a revision to Chapter 19.12 of the Municipal Code dealing with FLOOD DAMAGE PROTECTION. This Ordinance implements the provisions of the National Flood Insurance Program. It allows the Federal Emergency Management Agency (FEMA) to offer flood insurance to homeowners within flood hazard zones and also protects the City's eligibility for disaster assistance on streets in flood hazard zones. Most north /south streets in the City fall in this category. The Ordinance requires the City to issue special permits for structures within flood hazard zones and requires that new structures be elevated above or protected from a 100 -year storm. The Ordinance basically follows the FEMA model ordinance with minor revisions to sections which do not apply to our City. I had previously submitted information on the details of the program under separate cover. Attached for your further information is the existing Code section which accomplishes much of the same intent of the proposed Ordinance. Exceptions include an expanded definitions section and addition of variance procedures. I have - reviewed the Ordinance with FEMA and received their approval. It was originally hoped that the proposed Ordinance would be adopted prior to September 5, 1984 to prevent discontinuation of our status in the interim program. Due to workload, we have only just completed full review. In order to obtain rapid reinstatement to the program, the Ordinance has been given Urgency status. Delay in action on the Code could result in delays on the closing of escrow on homes in the flood hazard zone. This includes Victoria. Also, we expose ourselves to loss in the event of disaster. RECOMMENDATION Recommend adoption of Municipal Code Chapter 19.12 FLOOD DAMAGE PREVENTION and declaration of Urgency, Respgctfully sgbmittl�, 1'; 19.03.'x00--19.12.0:0 19.08.100 Use of explosives. All persons engaged in • felling or removing trees, and desirous of using explosives for this purpose within the city limits, shall first obtain approvals to use such explosives from /the community develop- ment director and the fire department, which approval shall be noted on the tree removal permit; prior *_o issuance of same by the community development director. In addition, the applicant shall furnish such bondior insurance as shall be deemed necessary for the protection of surrounding property from any possible damage which; might result from such activity. (Ord. 37 Art. II 59, 1978). 19.08.110 Protection cif existing trees. Care shall be exercised pp all indivIduads, developers and contractors working near preserved trees so that no damage occurs to the trees. Precautions to tie taken shall be outlined to the community development rector or an appointed representative prior to commencement / a activity and shall he subject to community development+ director's approval. (Ord. 37 Art. I_ 510, 1978). 19.08.120 Violation-- Penalty. Violation of any section of this chapter hail constitute a misdemeanor, punishable by a fine of no more than five hundred dollars or by impri -. sonment not to exceed six months, or both such fine and imprisonment. Each tree removed in violation of this chanter shall consti` to a separate offense. (Ord, 37 Art. II 511, 1978). Chapter 19.12 FLCCD CONTROL Sections 1, ?3 19. 12.010 Definitions. 19.12.020 Enforcement of provisions. 19.12.030 Enforcement authority. 19.12.040 Development permit requirement. 19.12.050 Development permit application review. 19. 12.060 Construction requirements for flood protection. 19.12.070 Subdivision application review. 19.12.080 New water and sewer systems. 19.12.090 Flood bearing capacity of watercourse. 19.12.010 Definitions. A. Unless specifically defined below, words or phrases used in this chapter shall be inter- preted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application, 281 1, ?3 19.12.010 H. For the purposes of this chapter, the follewir.g words and phrases Shall have the meanings set _fort^ be io',a; 1. "Areas of special flool hazard" means the !and within a community subject to one percent or treater chance of flooding in an_v given year. This land is identi`_ied as A on the of`_icial ;rao. 2. "Development" means any man -made chance to improved or unimproved real estate, including but not limi tad to bnild- incs or other structures, mining, dredaiac, filling, gracing, paving, excavation or drilling operations. 3. "Flood" -means a temporary rise in a stream's f - H or stage that results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation of runoff or surface waters from any source. 4. "Floodproofing" means any ccm.inaticn of structural and nonstructural additions, chances, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Struc O m ral coc_one. ^.s shall have the capability of resisting hydrostatic and - dynamic loads and the effect of huovanc_v. 5. "Habitable floor" means any :loon used for _ivinc which includes working, sleeping, eating, cocking or recreation or combination Thereof. A floor used only for stora_ce p rcoses is not a "habitable floor." ' 6. "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. 7. "Mobile home subdivision" means a parcel (or contiguous parcels) or land which has been di'sided into two or more lots for rent or sale and the placement of mobile homes. 8. "One hundred -year flood" means the condltloa o: flooding having a one percent chance of annual occurrence. 9. "Regulatory flood elevation" mea. ^.s the water surface elevation of the one hundred -year flood. 10. "Structure" means a walled and roofed structure, including a gas or liquid storage tank that is principa L'v above the ground, including but without limitation to build- ings, factories, sheds, cabins, mobile homes and other similar uses. 11. "Substantial improvement" means any repair, re- construction or improvement of a structure, t' -_ cost of which equals or exceeds fifty percent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this defini- tion "substantial improvement" is considered to occur when the first alteration of anv wall, ceiling, floor or other structural part of the building commences whether or not that 282 � ^V 0 • alteration affects the external dimensions o° t::e The term does not, however, include any al`eraz4on to with existing state or local health, sanitary, building or safety codes or regulations as well as structure=_ listed in National or State Registers Of historic places. (Ord. 59, 1978). 19.12.020 Enforcement of orovisio. ^.5. The cit:•.h.as these added responsibilities and is authorized and directed to enforce all the provisions of this chapter and all ether ordinances of the city now in _force or hereafter adopted, relating to zoning, subdivision or building codes. (Ord. 24 91, 1978). 9.12. 030 Enforcement authority. The community develoo_- ment director shall be ac_oointed to these additional respon- sibilities by resolution of the city council and his /her appointment shall continue during good behavior and satisfac- torj service. During temporary absences or disability o: tn_ community development director, the governing body of the city shall designate an acting community development director. (Ord. 24 42, 1978). z�� 19. 12.040 Development hermit requirement. A. No person., firm or corporation shall erect, construct, enlarge or improve any building or structure in the city or cause the sar..a to be done without _first obtaining a separate development permit for each such building or structure. B. within areas subject to flooding, separate development per -its are required for all new construction, substantial improvements and other developments, including the placement o£ mobile homes. C. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall; - 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definite - ly locate the proposed building or work; 3. Indicate the use or occupancy for which the pro- posed work is intended; 4. Be accompanied by plans and specifications for proposed construction; 5. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority; 6. within designated flood crone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of 283 z�� 19.12.050 -- 19.12.060 floodproofed non - residential structures, the elevation to ` which -it has been flood_oroofed. Documentation or cerufi a at_c of such elevations will be :maintained by the cit_:; 7. Give such other information as reasonably may be required by the city. (Ord. 2.4 53, 1978). 19 .12.050 Development permit annlication re�r_ew. The city shall review all de velonment permit applications to determine if the site of the proposed development is reason- ably safe from flooding and that all necessary permits have been received as required by federal or state law. (Ord. 24 54, 1978). 19.12.060 Construct'_on require ^•eats for flood nrotectio. ^.. The communay development director in reviewing all appi' -ca- tions for new construction, substantial improvements, prefab- ricated buildings, placement of mobile homes and other develop- ments as defined in Section 19.16.010 •gill: A. Obtain review and reasonably utilize, if available, any regulatory flood elevation data from federal, state or other sources, and require within areas subject to flooding that the followina performance standards be met: 1. The first -floor elevation (to include basemen ) of new residential structures, be elevated to or above the regulatory flood elevation, 2. The first -floor elevation (to include basement or structures) be elevated or floodcroofed to or above the regulator, ' , flood elevation; B. Require the ue of construction materials and utility equipment that are resistant to flood damace; C. Require the use of construction methods and practices that will minimize flood damace; D. Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or norticns of the structure due to flooding; • E. Assure that in regard to mobile homes, specific anchorinc requirements are: 1. Over - the -tap ties be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate locations and mobile homes less than fifty feet long requiring one additional tie per side. 2. Frame ties be provided at each corner of the hor.:e with five additional ties per side at intermediate points and mobile homes less than fifty feet long requiring four additional ties per side. 3. All components of the anchoring system be cacab_e of carrying force of four thousand eight hundred oounds.- 4. Any additions to mobile homes be similarly anchored. (Ord. 24 §6, 1978). 0 284 X74 • 19. 12.070 SCSCi•^sio. 3onli ^ -t-on '_e _ :'r`_` •:ern;- - cods of the city shall r2Vie'.J i1`suLG :': 'a ion, acpli"'4cns and shall make findings of fact and assure that: A. All such proposed daveloome.^.ts are consistent '..__n the need to : minimize flood damage. B. Subdivision or000sals and other nronosed new da•:elcp- ment greater than five acres or fifty lots, whichever is lesser, include within such procosais regu'_atory flood eleva- tion data in areas subject to flooding. C. Acecuate drainage is provided so as to redcce exposure to flood hazards. D. All public utilities and facilities are Located so as to minimize or eliminate -flood damage. (ord. 24 56, 1975). 19.12.080 New dater and sewer systems. )iew and replace- ment and sewer systems snail se conscrccced to eli ^._ ^.ate or minimize infiltration by, or .. - into `loodwaters Moreover, on -site waste disposals ors will be designed to avoid imoairme. ^.t or contamination coring :'_oodin.=. ;Cr-4. 24 97, 1978). 19.12.090 Flood bearing cacacty o: watercourse. _.. governing body of the city •.ui i'_ .._e that t _ [loon c>_ �inc capacity within the altered or re ocated portion of anya. watercourse is maintained. ^.he C tj• wi11 notify, 1, r_' ;a r In situations, adjacent communities and state ccordinat_n. office prior to any alteration or relocation of a •dacercourse, and submit copies or sun- notLC_'_3ticns t ? administrator. (Ord. 24 58, 1978). 285 ;L ^,'7 • ORDINANCE NO. ,kV o AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOOD DAMAGE PREVENTION AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Chapter 19.12 of the Rancho Cucamonga Municipal Code is to be amended to read as follows: CHAPTER 19.12 FLOOD DAMAGE PREVENTION Sections: 19.12.010 Findings and Determinations. 19.12.020 Purpose. 19.12.030 Methods of Reducing Flood Losses. 19.12.040 Definitions. • 19.12.050 General Provisions. 19.12.060 Establishment of Development Permits. 19.12.070 Designation of Administrator. 19.12.020 Responsibilities of Administrator. 19.12.090 Maintenance of Flood Protection Measures 19.12.100 Hazard Mitigation Plan 19.12.110 Standards for Construction. 19.12.120 Standards for Storage of Materials and Equipment. 19.12.130 Standards for Utilities. . 19.12.140 Standards for Subdivisions. 19.12.150 Standards for Mobile Homes and Mobile Home Parks and Subdivisions. 19.12.160 Floodways. 19.12.170 Appeals and Variance Procedure. 19.12.010 Findings and Determinations The City Council finds and determines that: A. The flood hazard areas of the City of Rancho Cucamonga are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. : '73 0 B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 19.12.020 Purpose It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C.To minimize the need for rescue and relief efforts associated with flooding; 0. To help maintain a stable tax base by providing for the development of areas of special flood hazard so as to minimize future blight areas; • E. To insure that potential buyers are notified that property is in an area of special flood hazard; and, F. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. 19.12.030 Methods of Reducing Flood Losses In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling, filling, grading, dredging, and other development • which may increase flood damage; and, • E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 19.12.040 Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. A. "Adversely Affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood to a degree that significantly impacts special flood hazard areas. B. "Appeal" :Weans a request for a review of the City Engineer's interpretation of any provision of this chapter or a request for a variance. C. "Area of shallow flooding" means a designated AO or VO Zone on the Flood Insurance Rate Map TF I RM . The base flood depths ranoe from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. D. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in • any given year. This area is designated as Zone A, A0, AH, Al -30 on the FIRM. E. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. F. "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. G. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. H. "Existing mobile home park or mobile home subdivision" means a parcel (or co_nti_g_u_o_us__p_ar_c_e_1s7 of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter. C��J 0 I. "Expansion to an "xistina mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of contrete pads, or the construction of streets). J. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland waters and /or 2. The unusual and rapid accumulation of runoff of surface waters from any source. K. "Flood Boundary Flnodway Map" means the office map on which the Federal Insurance Admi nis [roc ion has delineated both the areas of flood hazard and the floodway. L. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. M. "Flood Insurance Study" means the official report provided by the • Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. N. "Floodproofing" means any combination of structural and non- structural additions, changes or adjustments to residential or non - residential structures which reduce or eliminate flood damage to real estate or improved property. 0. "Flood- related erosion" means a condition that exists in conjunction with a flooding event that alters the composition of the shoreline or bank of a watercourse, or a condition that increases the possibility of loss due to the erosion of the land area adjacent to the shoreline or watercourse. P. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the Flood Boundary Floodway Map. Q. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating or recreation, or combination thereof. For flood insurance purposes habitable floor and lowest floor will share the same definition. R. "Hazard Mitigation Plan" - A plan that incorporates a process whereby the potential of future loss due to flooding can be minimized by • planning and implementing alternatives to flood plain development community wide. S. "Highest Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. T. "Mobile home" means 'a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers, or manufactured housing on a permanent slab foundation. U. "flew construction" means structures for which the "start of construction" commenced on or after the effective date of this chapter. V. "New mobile home zrk or mobile home subdivision" means a parcel (or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities or servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this chapter. W. "Start of construction" means the first placement of permanent construction of a structure other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, • grading, and filling, nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including), at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities is completed. X. "Structure" means a walled and roofed building or mobile home that is principally above ground. Y. "substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. before the improvement or repair is started, or ® 2. if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, 'substantial I ;� improvement" is considered to occur when the first alteration of any wall, • ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. "Substantial Improvement" does not, however, include either: 1. any project for improvement of a structure to comply with existing state or local health, Sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2.any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Z. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 19.12.050 General Provisions A. Lands to Which This Chapter Applies This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Rancho Cucamonga. S. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance • Administration, through the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Rancho Cucamonga ", dated March 5, 1984, with the currently effective Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is an file in the Offices of the City Engineer of the City of Rancho Cucamonga, California. C. Compliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. D. Abrogation and Greater Restrictions This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other chapters, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation In the interpretation and application of this chapter, all provisions shall be: • - 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing oody; and, 3. Deemed neither to limit nor repeal any other powers. F. 'Warning and Disclaimer of Liability The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permited within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Rancho Cucamonga any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 19.12.060 Establishment of Development Permits A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 19.12.050 (8) Application for a Development Permit shall be made on . forms, furnished by the City Engineer or authorized agent of the City Engineer and may include, but not be limited to; plans in duplicate scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. 19.12.070 Designation of Administrator The City Engineer of the City of Rancho Cucamonga is hereby appointed to administer and implement this chapter. SECTION 19.12.080 Responsibilities of Administrator The City Engineer is authorized and empowered to; A. Permit Review 1, Review all development permits to determine that the permit requirements of this chapter have been satisfied. 2. Review all permits to determine that the site is reasonably safe from flooding. 3. Review all development permits to determine if the proposed development "adversely affects" the flood carrying capacity of the area of Alk special flood hazard. j+4 4. Review all proposals for the development of 5 parcels or more • to assure that the flood discharge exiting the development after construction is equal to or less than the flood discharge at the location prior to development or that adequate down stream facilities exist to safely accommodate increased flows. B. Use Of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 19.12.050(B) Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, state, or other source, in order to administer Sections 19.12.110,120,130,140,150,160. C. Information To Be Obtained And Maintained Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: 1. the certified elevation required in Section 19.12.110(C)(1); (residential) 2. the certification required in Section 19.12.110(C)(2); (shallow flooding) • 3. the floodproofing certification required in Section 19.12.110(C)(3); 4. the certified elevation required in Section 19.12.120(B) and (subdivision) 5. the anchoring certification required in Section 19.12.130(A); (mobile home) D. Alteration Of Watercourses 1. Notify adjacent communities and the Department of Water Resourses prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. E. Interpretation Of FIRM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions.) Any person contesting the location of the boundary shall be given a reasonable apportunity to appeal the interpretation as provided in • Section 19.12.150 19.12.090 Maintenance Of Flood_ Protection Measures The maintenance of any and all flood protection measures, (levees, dikes, dams or reservoirs), Hill be provided by the City for any public improvements. If these measures are privately owned, an operation or maintenance plan will be required- of the owner to be on file with the City Engineer. 19.12.100 Hazard Mitigation Plan The local agency or board responsible for reviewing all proposals for new development shall weigh all requests for future flood plain development against community's General Plan. Consideration of the following elements are required before approval: I. Determination if Proposed development is in or affects a known flood plain 2. Inform the public of the proposed activity 3. Determine if there is a practicable alternative or site for the proposed activity 4. Identify impact of the activity on the flood plain • 5. Provide a plan to mitigate the impact of the activity with provisions in Section 19.12.060(A)(4). 19.12.110 Standards of Construction In all areas of special flood hazards, the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All mobile homes shall meet the anchoring standards of Section 19.12.130(A). B. Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be use methods and practices that minimize flood damage. 3. All elements that function as a part of the structure, such as furnace, hot water heater, air conditioner, etc., shall be elevated to or above the base flood elevation or depth number specified on the FIRM. C. Elevation and Floodproofina 1. New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in Section 19.12.110(C)(3). Upon completion of the structure the elevation of the lowest habitable floor including basement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that elevation requirements have been met. Notification of compliance shall be recorded as set forth in Section 19.12.080(1)(3). 2. New construction and substantial improvement of any structure in Zone AO not otherwise protected from a base flood shall have the lowest floor, including basement, elevated to or above the depth number specified on the FIRM. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated to a depth of one foot above the highest adjacent grade. Non residential structures may meet standards in Section 19.12.110(C)(2). Upon completion of the structure compliance to the elevation requirement shall be certified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be recorded as set forth in Section 19.12.080(C)(3). 0 3. Nonresidential shall either be elevated in conformance with Section 19.12.110(1)(C) or (2) or together with attendant utility and sanitary facilities. • a. be fioodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of bouyancy, and; c. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 19.12.080(0)(3). 4. Mobile homes shall meet the above standards and also the standards in Section 19.12.130. 19.12.120 Standards for Storage of Materials and Equipment A. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. B. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood • warning. 'r s • 19.12.130 Standards for utilities A. All new and replacement water supply and sanitary sewage systems under the control of the City of Rancho Cucamonga shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 3. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 19.12.140 Standards for Subdivisions A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood as determined by the City Engineer. B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be approved by the Building Inspector prior to issuance of an occupancy permit. C. All subdivision proposals shall be consistent with the need to minimize flood damage; 0. All subdivision proposals shall have public utilities and • facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 'c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage as set forth in Section 19.12.080(A)(4). 19.12.150 Standards for Mobile Homes and Mobile Home Parks and Subdivisions .A. All mobile homes and additions to mobile homes shall be anchored to resist flotation, collapse, or lateral movement by one of the following methods: 1, by providing an anchoring system designed to withstand horizontal forces of 15 pounds per square foot and up lift forces of 9 pounds per square foot; or compliance to the anchoring f unit's e Department of Housing and system designed Mobile be Home Construction and Safety Standards: or 3. As set forth in Section 19.12.080(C) certification meeting the standards above is required of the installer or state agency responsible for regulating the placement, installation and anchoring of individual mobile home units. 7 B. The following standards are required for (a) Mobile homes not • placed in mobile home parks or subdivisions, (b) new mobile home parks or subdivisions, (c) expansions to existing mobile home parks or subdivisions and, (d) repair, reconstruction, or improvements to existing mobile home parks or subdivisions that equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. 1. Adequate surface drainage and access for a hauler shall be provided. 2. All mobile homes shall be placed on pads or lots elevated on compacted fill or on pilings so that the lowest floor of the mobile home is at or above the base flood level. if elevated on pilings: a. the lots shall be large enough to permit steps; b. the pilings shall be placed in stable soil no more than ten feet apart and, c. reinforcement shall be provided for pilings more than sin feet above the ground level. C. No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision. D. Certification of compliance is required of the developer responsible for the plan or state agency responsible for regulating mobile home placement. 19.12.160 floodways Located within areas of special flood hazard established in Section 19.12.050(8) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development. B. If no floodway is identified then a set back 100 feet from the bank(s) of the watercourse will be established, where encroachment will be prohibited. 19.12.170 Appeals and Variance Procedure A. Appeal Board I. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. • �w • 2. The City Council shall bear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer in conformance with the provisions of this chapter. 3. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. the danger that materials may be swept onto other lands to the injury of others; b. the danger of life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; f. the compatability of the proposed use with existing and • anticipated development; g. the relationship of the proposed use to the comprehensive plan and flood plain management program for ;hat area; h. the safety of access to the property in times of flood for ordinary and emergency vehicles; i. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, j. the costs of providing governmental services during and after flood condition, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. 4. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a -j) in Section 19.12.150(A)(3) have been fully considered. As the lot size increased beyond the one -half acre, the technical justification required for issuing the variance increases. 5. Upon consideration of the factors of Section 19.12.150(A)(3) • and the purposes of this chapter, the City Council may attach such conditions to the granting of or appeal or variances as it deems necessary to further the purposes of this chapter. 6. The City Clerk shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. B. Conditions for Variances 1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon a. a showing of good and sufficient cause such as • renovation, rehabilitation or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past are not good and sufficient cause. b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or chapters. 5. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. C. Conditions of Appeal Appeal of any action of the City Engineer may be made by any person by filing a written notice of appeal with the City Clerk within ten (10) calendar days following notification of said action. While an appeal is pending, the establishment of any affected structure or use is to be held in • abeyance. In hearing such an appeal, the City Council may affirm, affirm in part, or reverse the previous interpretation which is subject to appeal, provided that an appeal is not to be granted only when relief sought should otherwise be granted through variance or amendment of this chapter. •' SECTION 2: The City Council finds that this Ordinance is in the best interests of the public health, safety, and welfare because it will permit property owners in the City to obtain flood hazard insurance which would otherwise not be available but for the adoption of this Ordinance. This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be 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 17th day of October, 1934. AYES: NOES: ABSENT: • ATTEST: Beverly A. Authe et, City Clerk jaa 2 Con D. Mikels, Mayor 0 J nrmv nc n n wrnvn rn.n n ne NYP n STAFF REPORT��° DATE: October 3, 1984 197_ TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: REQUEST FOR TAX EXEMPT BOND FINANCING FROM ELITE DEVELOPMENT SYCAMORE SPRINGS The City has been requested by Elite Development Company to participate in the issuance of Tax Exempt Bonds to facilitate the construction of 240 apartment units. The project, located on the east side of Archibald, between Base Line and the Pacific Electric Railroad tracks, was originally approved in May of 1981 as a condominium development. The project contains about 11.5 acres of land resulting in a net density of 20.86 dwellings per acre. It consists of a mix of one and two bedroom dwellings arranged around a continuous water element. The attached staff report of May 21, 1981 provides additional details about the project. Phase I of the development, consisting of 64 dwellings is already under construction. However, because of high interest rates, the developer is facing apparent difficulties in marketing the units as condominiums and obtaining financing for the construction of the remainder of the project. Consequently, the developer now intends to market the units as apartments and finance the project under a Tax Exempt Bond available for rental projects. The City is being asked to participate in the bond program. This would involve the adoption by the City Council of an Inducement Resolution, specifying in effect that the use of Tax Exempt Bonds is necessary to induce the creation of affordable rental housing in the community. In return, the developer would be required to make available at least 20% of the units to persons of low and moderate income. Currently, there are two apartment projects financed under the Tax Exempt Construction Bonds in the City; the Don Miguel Apartments on 19th and the Pepperwood project across from Gemco on Foothill Boulevard. Both of these projects were financed under the County's Rental Construction Bond Program. The City has a participation agreement with the County, which allows the County, at its discretion, to finance City approved apartment projects within the community. CITY COUNCIL STAFF REPORT Tax Exempt Bond Financing October 3, 1984 Page 2 • ISSUES FOR CONSIDERATION: .There are three basic questions that must be asked when considering this request. First, does the City intend at this point in time to get actively involved in the provision of additional rental housing. Past and current focus of the City's housing programs has been on the reduction of mortgage rates for ownership housing, housing rehabilitation of existing stock, and cooperation with the County and the State in regards to affordable rental housing. The issuance of a tax exempt rental bond would be a first for the community. The second question deals with whether or not this particular project, its location, design, and relationship to surrounding areas is appropriate for the use as apartments. The developer may, at his discretion, make the units available as rental units, provided the project is built exactly as approved and remains technically a condominium project. However, without a Tax Exempt Bond or other form of assistance, this may not be financially feasible. Finally, the most important question is whether it is it appropriate to finance a project designed and constructed as condominiums though a Tax Exempt Bond intended as a tool for the provision of affordable rental housing, and to do so without the community's involvement. • In the past, the community has expressed serious concerns relative to construction of higher density rental projects, with affordable rental housing being of particular concern. Another concern had to do with projects presented and approved as condominiums, but marketed as apartments. This has come up over and over again in various community meetings, and resulted in an effort by the City to keep the residents informed and involved in the planning process. The project in questions was designed, reviewed, and approved as condominiums. Consequently, it would seem inappropriate to facilitate the construction of the project as an affordable rental development without giving the community an opportunity to comment and review the project. RECOMMENDATION: In light of the above, staff respectively recommends that the Council decline to participate in the Rental Bond Program. However, should the Council wish to pursue in the program, staff will work closely with the developer to facilitate the process. Respec ul ly submitted, Rick cit. P1 er RG:OK:jr • Attachments: Staff Report - May 27, 1981 Letter of Request Background Materials U il — CITY OP R:\ \Clio CLC(' O \G\ \� c� "• ), STAFF RL.POIZT L GC:n) DATE: May 27, 1981 TO: Members of the Planning Commission FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -13 TENTATIVE TRACT NO. 11797 - DIVERSIFIED INVESTMENT - A total residential development comprised of 240 condominium units on 11.5 acres of land wihtin the R -3 zone located on the east side of Archibald Avenue, north of Base Line Road APN 202- 181 -12, 21(portion) ABSTRACT: The applicants have submitted a total residential project for the development of a planned development consisting of 240 dwelling units designed around a continuous water element on 11.5 acres of land within the R -3 zone. The project is submitted as a planned development and would be so designated on the Zoning Map upon approval by the City Council. The project has received favorable point ratings to allow consideration of the project by the Planning Commission. The project is now being brought before the Planning Commission for its recommen- dation of approval on the Planned Development designation and approval of the Tentative Tract Map. Resolutions and Conditions of Approval are attached for your review and consideration. BACKGROUND: The project site is generally located on the northeast corner of Archibald Avenue and Base Line Street (Exhibit "A "). As the Commission may recall, a recently approved Parcel Map split the property located on the corner, for purposes of developing a professional office complex and to allow the rear portion to be developed as a residential project. The project consists of 240 dwelling units designed as condo- miniums and placed around a continuous water element. The intent of the development is to provide views and frontage to the water element for each dwelling unit. The site is presently zoned R -3 and is General Planned for residential densities at 14 -24 dwelling units per acre. The project is designed at approximately 20 units per acre. The application will require two actions by the Planning Commission; one would be adoption of the attached Resolution which recommends changing the zoning to a Plan- ned Development designation, and secondly, approval of the Tentative Tract 11ap with the recommended conditions of approval. The site is pre- sently undeveloped and contains a chicken ranch which shall be removed with the development of this project. To the east of the project is an existing mobilehome park and areas to the north and south are presently vacant. The railroad boarders the north boundary of the project. Staff Report • PO 80 -13 (TT 11797) (2) May 27, 1981 The project has been reviewed under the Growth Management Review process and has received the minimum amount of points necessary to allow consi- deration of the project by the Planning Commission. ANALYSIS: The project, as proposed and with the recommended conditions of approval, will meet the provisions of the State Subdivision Map Act, the City Subdivision Ordinance, and the Zoning Ordinance. As was pre- viously mentioned, the concept of development utilizes a continuous water element flowing through the entire project and providing frontage to each dwelling unit. All dwelling units are provided with private patio areas as well as having the ability to utilize the common open space and recreation areas provided throughout the development. Parking is designed as detached carports and open spaces around the perimeter of the project. The dwelling units are I and 2 bedroom. Primary access to the project will be provided by one main entry from Archibald Avenue which aligns with a proposed street on the west side of • Archibald. The internal circulation system is basically a loop system which does not interupt or separate dwelling units. Since some of the carports and parking spaces are an the opposite side of the driveway from the dwelling units, it is recommended that texturized pathways be provided at appropriate locations throughout the development to desig- nate pedestrian crossings. In addition, it is recommended that the entry way be treated with a texturized pavement to enhance the entry and improve the Special Boulevard treatment. Secondary emergency access will be provided at the southeast corner of the project which will be ultimatply tied into the proposed professional center on the south end of the project. Under the provisions of the Zoning Ordinance a multiple family develop- ment is required to provide 2.2 parking spaces per unit, one in a carport or garage and the remaining may be in open spaces. A project of this size would require a minimum of 528 parking spaces to meet the require- ments of the Zoning Ordinance. The project applicant is proposing to provide 1 space in a carport for each dwelling unit, and a balance of 260 open spaces which would provide a total of 500 parking spaces: 28 parking spaces short of the Ordinance requirements. The City Planner has reviewed the relationship of the unit sizes to the parking require- ments and feels that with 96 of the units being less then 700 sq, ft. in size that a minor deviation of 5: would be appropriate in this case. If the Commission concurs with this finding, then a Minor Deviation would, hereby, be granted with the approval of this project. • �`J Staff Report P.D. 80 -13 (TT 11797) (3) Ny 27, 1981 The present grading of the site falls in a southeasterly direction. The conceptual grading plan has been approved which indicates an insignificant change in the present grade of the land. Drainage of the site will be taken across the southerly parcel to Base Line Avenue to existing drainage improvements. The project will be required to meet the minimum tree requirement for multiple family projects as established by the Planning Commission, In addition to the landscaping, the project is providing an extensive water element throughout the project area. Attached in the exhibits are some sections indicating the landscape treatment proposal along Archibald Avenue which meets the requirements for a Special Boulevard. The applicant has designed the frontage of Archibald to create a diver- sity in the parking arrangement and pockets of landscaping. It is recommended that dense landscaping be provided around the perimeter of the site for appropriate buffering. There are some existing trees on • the site which staff recommends saving. The Design Review Committee has reviewed the architectural design of the structures and the design elements of the project. The Design Review Committee gave a favorable rating of the project contingent upon final approval of the composition shingle roof by the City Planner. The theme of the project is to provide a woodsy appearance with simulated masonite shingle siding and composition shingle roofing. Colored exhibits and displays will be available for the Planning Commissions review and consideration during the meeting. The number of trash enclosures provided throughout the development will not meet the needs of the total project and additional enclosures will be required. As these enclosures are being proposed adjacent to the carports, it is recommended that these enclosures be designed with an overhead shade shelter for heat reduction. Details of the trash enclosures and the overhead structure shall be included in the final building plans for review and approval by the City Planner, S Part I of the Initial Study as provided by the applicant is attached for your review. Staff has completed Part 11 of the Initial Study and a field investigation to determine significant adverse impacts that may result from this project. Upon completion of this study, no significant adverse impacts were found as a result of this project based upon the conditions of approval recommended. Therefore, Staff recommends issuance of a Negative Declaration for this project. It? Staff Report • PD 80 -13 (TT 11797) (4) May 27, 1981 CORRESPONDENCE: This item was advertised as a public hearing in the Daily Report Newspaper and property owners within 300 feet of the project boundaries were notified by mail of this hearing. To date, no corres- pondence has been received for this project. RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing to consider public input on the project. If, after such consideration, the Commission concurs with the findings and conditions of approval recommended, then the adoption of the attached Resoluiton and Conditions of Approval would be appropriate. RespEttfully submitted, BARRY �/HOGAN ,City Planner • -�� BKH:MV:cd Attachnents: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D" - Sections Exhibit "E" - Grading Plan Exhibit "F" - Tract Map Exhibit "G " - "M" - Elevations Part I - Initial Study Resolution for P.D. designation Resolution for Tentative Tract ;)'�8 • v `k , f 9 R CAM 1 � V V NORTH CITY OF ITEM: -RM£ wahv44SIcWS RANCHO CLCA`IONGA TITLE: n n-7Ts PLANNING DIVISION E•\HIRIT: LV-v SCALE — ,.7 y Elite Development Company September 25, 1984 Mr. Lauren Wasserman, City Manager CITY OF RANCHO CUCAMONGA 9321 Baseline Road Rancho Cucamonga, California 91730 Re: Sycamore Springs - 240 Units NEC Baseline & Archibald Dear Mr, Wasserman: Sycamore Springs, a Limited Partnership, would like to request that the City of Rancho Cucamonga provide an . inducement resolution allowing the use of the tax exempt bond financing for this 240 unit development as an apartment project. Therefore, it is formally requested that Sycamore Springs be scheduled for the next City Council meeting on October 3rd, 1984. I Several events have occurred during the past year which necessitates that the 64 units under construction now and the remaining 176 units to be built will have to be financed as apartments. In August, 1983, the Citv of Rancho Cucamonga closed applications for the City's tax exempt bond issue for single family housing. Because our ,joint venture with Lincoln Savings and Loan Association and the purchase of our land was not consummated until after August, it was not possible for us to submit an application including fees before the deadline. We requested that our application be accepted and added to the existing list since the offering had not been prepared vet or the bonds sold. Mr. Tim Beatle discussed this matter with the bond administrator and /or legal counsel and determined that we could not be included. 17581 Imne Blvd. — Suite 107 • Tustin California 92880 • 17141 7311820 3c.. Mr. Lauren Wasserman, City Manager September 25, 1984 Page Two We then requested that we be allotted any funds which a developer who had previously submitted an application did not use. This did not occur to my knowledge. We also sent a letter to Mr. Beatle in November, 1983, of which I am enclosing a copy, requesting that we be included in the City's first bond issue of 1984. Due to the lack of congressional legislation permitting tax exempt bond issues until June, 1984, the 1983 issue was postponed and marketed only a few months ago. The 1355 issue was approximately $28 million with each developer receiving an average of $14 to $2 million of bond funds. Had Sycamore Springs been a participant, we probably would only have received enough funds to sell and finance about 25 of our 64 units in Phase I which equals 10% of the total number of units in the development. However, there was no opportunity to be a part of this issue and there was no subsequent issue in 1984. • Sycamore Springs submitted an application to the County of San Bernardino for their tax exempt bond issue which was sold during this past summer. The amount of their issue was also $28 million. We were advised by Thelma Moore of the County of San Bernardino and Greg Ballinger of Miller and Schroeder, municipal bond underwriting company, that we could not participate in their program because our project was located within an incorporated City that intended on issuing its own bonds. Their bond counsel also verbally confirmed this policy. I am enclosing a copy of our application to the County. In July, 1984, we sent a complete application and package together with a check for $60,000 as an initial fee to Colonial Associates which was required in order to participate in the bond issue sponsored by the California Housing Finance Agency (CHFA). Mr. Tom Putnam, Vice President of Colonial's municipal bond department, and formerly director of CHFA, handled our request. We did not receive any of the $300 million in bond funds sold because total developer requests exceeded $1.6 billion. I have again enclosed a copy of our submittal for your review. • ?,0 Mr. Lauren Wasserman, City Manager September 25, 1984 Page Three As you can see, we have attempted to take advantage of every opportunity to obtain financing that will allow us to build and sell these units in a timely manner. Without at least $10 million to $15 million of tax exempt bond financing for first time homebuyers, this project will not succeed in view of today's conventional, FHA & VA loan rates of 14 %. Since obtaining future tax exempt bond financing for single family housing does not appear encouraging and because no bond funds are available for the first phase of 64 units which were started several months as condominiums in anticipation of participating in one of those three bond issues, we must now request the City's approval of an Inducement Resolution allowing us to use tax exempt bond financing to complete the development as apartments, By the terms of the bond issue, many of the units will be made available to persons with limited incomes. The entire project will be built out in accordance with our plans as condominiums. As I understand it, there will be no direct cost to the City for this issue. Lincoln Savings & Loan Association will obtain tax exempt bond financing through Stifel, Nicolaus and Company, a bond underwriting firm in St. Louis, Missiouri, and provide the funds t� this project. A loan must be placed on the development prior to completion of the first phase which is scheduled for December, 1984. It will take approximately sixty (60) days to complete the documentation for the bond issue from the date we receive an Inducement Resolution. Therefore, your cooperation and prompt response to our request will be greatly appreciated. If there are any other questions that I can answer or if there is any additional information you need, please call me as soon as possible. S;J:- E Mr. Lauren Wasserman, City Manager September 25, 1984 Page Four Very truly /yoouurs,/' Charles H. Henderson Partner CHH:nlw Enclosures cc: "Mayor Jon Mikels Mayor ProTem Richard M. Dahl Councilman Charles J. Buquet II Councilwoman Pamela Wright Councilman Jeff King Otto Kroutil, Senior Planner P NOTE: See October 17 Agenda for further backup information. • �r 3 0 IU: FROM: BY: • E CITY OF RANCHO CliCAMONGA STAFF REPORT sober 17, 1984 mayor and Members of the City Council Rick Gomez, City Planner Curt Johnston, Associate Planner GCGnsip� c9 Z —iv, SUBJECT: SENIOR HOUSING PROPOSAL - TAC DEVELOPMENT - A request to develop a 68 unit senior citizen apartment project with City incentives including a density increase and financial and assistance, on 4.75 acres of land in the Medium Residential District (8 -14 du /ac), located on the west side of Amethyst Avenue, approximately 400 feet north of 19th Street. ABSTRACT: This project is proposed under the authority of the Senior Housing Overlay District (SHOD). The purpose of the SHOD is to facilitate the construction of affordable senior citizen rental units. To accomplish this, the Overlay District permits the City to offer various development incentives to make a senior project attractive to potential developers. The extent of the City incentives offered should correlate to the benefits provided by a developer, including provisions for long term availability of units of low- moderate income senior citizens. As established by the SHOD Administrative Guidelines, this report is provided to obtain specific Council direction and input regarding the project loction, density, and the proposed rents. The intent is to avoid lengthy processing of General Plan and Development District amendments and Residential Development application for a project which the City Council might ultimately reject. II. PROJECT AND SITE DESCRIPTION: A. Location: West side of Amethyst Avenue, 400 feet north of 19th Street. B. Parcel Size: 4,75 acres C. Existing Zoning: "M" (8 -14 du /ac) D. Existing Land Use: Citrus grove CITY COUNCIL STAFF REPORT Senior Housing Proposal -TAC Development October 17, 1984 Page 2 LJ Surrounding Land Use and ]on in : North - Vacant', zoned "L" 2-4 du /ac), but within Rt. 30 Freeway right-of-way. South - Retirement Home, single family homes, zoned "M" (8 -14 du /ac) East - Office building, post office, fire station, vacant property, zoned "OP" and "MH" (14 -24 dua /c), and "M" (8 -14 du /ac) pending West - Phase I of a condominium project, zoned "M" (8 -14 du /ac) F. General Plan Designations: Project Site - Medium Residential (4 -14 du /ac) North - Future freeway South - Medium Residential (4 -14 du /ac) East - Office, Civic /Community (Medium Residential pending) West - Medium Residential (4 -14 du /ac) G. Site Characteristics: The site slopes uniformly to the south at approximately 2 -3 percent. A citrus grove currently exists on the property and eucalyptus windrows border the site on the north and east. • H. Site Description: The conceptual site plan indicates four buildings with 168 units plus a recreation room and pool. Vehicular circulation is provided by a perimeter loop road and one parking stall per unit is proposed. A sound attenuation wall will be provided along the north boundary of the site to buffer the project from the future freeway. I. Architecture: The project consists of four 3 -story buildings. Elevators and laundry room facilities on each floor will be provided. Three floor plans are to be provided; one bedroom /one bath (473 square feet), two bedroom /one bath (645 square feet), and two bedroom /two bath (731 square feet). III. ANALYSIS: A. Develo ment Incentives: The Senior Housing Overlay District H D permits the City to grant incentives to reduce development costs associated with a project. The incentives may include: residential land use changes to increase permitted density; 25% density bonus (above base district maximum); reduction of on -site parking; and, reduction or waiver of City imposed development fees. Funding for City incentives, such as installation of public improvements, may be paid by the Redevelopment Agency's 20% tax increment set aside . for affordable housing. 3�r E CITY COUNCIL STAFF REPORT Senior Housing Proposal -TAC Development October 17, 1984 Page 3 The applicant for this project, TAC Development, is requesting the following incentives: 1. Change in land use designations from Medium Density Residential (4 -14 du /ac) to High Density Residential (24 -30 du /ac); 2. Approximately twenty (20) percent density bonus to High Residential Designation (i.e., from maximum 30 du /ac to 35.4 du /ac) 3. Approval of SHOD which would allow parking at a ratio of one (1) uncovered stall per unit (i.e., 119 less than permitted with conventional apartment project; 168 vs. 287); 4. Reimbursement for Amethyst Avenue improvements costs which are approximately $10,000; 5. Waiver of City fees estimated at $135,950; and, • 6. Issuance of a multiple family revenue bond to lower project financing costs. The SHOD establishes criteria to judge the adequacy of a senior housing proposal and help determine if City incentives are warranted. The criteria includes appropriateness of the base zoning; compatibility of adjacent land uses with the living environment required by senior citizens; adequacy of surrounding streets, sidewalks, traffic and pedestrian signals connecting the site to ,:omoerical /service areas; topography; and, proximity of the site to commercial and service establishments. In addition, the long term availaibility and affordability of the units for low and moderate income senior citizens must be considered. The following sections provide information and analysis of the TAC proposal relative to the adopted Senior Overlay criteria. B. Base District: The current Medium Density Residential (8 -14 u/ac designation on the site allows the development of up to 66 units. The 168 unit TAC propsoal will increase the permitted density by two land use categories to High Density Residential and includes a twenty percent density bonus (35.4 du /ac requested). In addition, the current Medium Residential designation permits the development of townhomes, condominiums, and apartments. The size of these types of structures at 14 units per acre, however, is typically less than the three story 41 structure proposed by TAC Development. 3' CITY COUNCIL STAFF REPORT Senior Housing Proposal -TAC Development October 17, 1984 Page 4 i-1 U Adjacent Land Uses: Land uses in the immediate vicinity of a senior citizen project must be free of health, safety, or noise problems. The concern regarding this site is the future adjacent freeway. Although a sound wall is proposed along the north project boundary, ambient noise levels on the site will increase when the freeway is constructed. Other adjacent land uses are indicated on the applicant's submittal letter (attached). D. Area Infrastructure: Inadequate storm drain improvements south of the freeway right -of -way between Amethyst and Archibald preclude development of the subject property without significant public improvements or development of an on -site retention basin to control the runoff. The size and location of the retention basin will be determined during Technical Review of the project and the site plan revised accordingly. In addition, there are no sidewalks on the north side of 19th Street, east of the site. Until this property is developed, the lack of sidewalks will present an inconvenience and safety hazard for seniors choosing to walk to the shopping center at 19th and Archibald. E. Site Topography: The topography of the site is fairly level • and easily transversed by persons of limited mobility. F. Proximity of Commercial /Services: The applicant prepared a map, as shown on Exhibit "F ", which illustrates the distance from the site from various commercial establishments and services. While the site is located near many services (professional offices, fire station, post office, and public transit), the distance to food shopping, drug stores, and banks is greater than desirable (one quarter mile minimum). As a mitigation measure, the applicant is proposing to operate a shuttle van as a permanent feature of the project. The shuttle will provide transportation for seniors who do not drive to service and commercial areas. The distance to shopping is still a significant concern which the Council should address. For comparison, the previously approved Calmark senior project to be located north of Base Line, west of Archibald, is conveniently located within walking distances to an adjacent shopping center. G. Rent Schedule: The intent of the Senior Housing Overlay District is to guarantee the long term availability and affordability of units for low and moderate income senior citizens. The Development Code establishes that the majority of residents in a SHOD project must have an income less than, • or equal to, 80% of the County median. An affordable rent is typically considered to be 30% of the monthly household • CITY COUNCIL STAFF REPORT Senior Housing Proposal -TAC Development October 17, 1984 Page 5 income. The rents proposed by TAC Development for 100% of the units within the project are as follows: Rent with City Rent without City Unit Des�cri lion Financial Assist. Financial Assistance s473 /Mont 43 /Month 1- bedroom /1 -bath 645 sq. ft. - $445 /Month 5419 /Month 2- bedroom /1 -bath 731 sq. ft. - 5520 /Month 5554 /Month 2- bedroom /2 -bath These rents are based upon City approval of the SHOD and 35.4 du /ac density, but with or without the requested financial assistance which includes waiver of City fees ($135,000), installation of Amethyst improvements ($10,000), and multiple family bond financing. As can be seen, City financial assistance will reduce the proposed rents by $34 per unit. Over a one year period the savings to residents of each unit • would be approximately $400 (i.e., $34 X 12). TAC Development has indicated that a fifteen (15) year development agreement is acceptable to assure that the rents remain available at the negotiated rent levels, with built -in cost of living increases. 1 In comparison to the Calmark Senior Citizen Project, the proposed rents with City financial assistance are similar. According to the Calmark Development Agreement, the maximum rent for a one- bedroom unit is $416 per month, and $520 per month for a two bedroom unit. The length of the Calmark Agreement, however, covers only seventy (70) percent of the units within the project, but is for twenty (20) years. Comparing the TAC rent schedule with 80% median income figures for San Bernardino County, the proposed $399 rent equals 33% of the monthly income of a one person household, and the $520 rent equals 37% of the monthly income of a two person household. Under these circumstances, a single person living in a one - bedroom apartment, or two persons living in a two - bedroom apartment, will either be paying a disproportionate percentage of their income on rent (i.e., overpaying) or will have an income which exceeds 80% of the County median. Therefore, lower monthly rents represent a major benefit to future residents of a SHOD project. 3-" CITY COUNCIL STAFF REPORT Senior Rousing Proposal -TAC Development October 17, 1984 Page 6 • IV. RECOMMENDATION: It is recommended that the City Council review and consider all material and input regarding this project. After such consideration the Council should provide the developer and staff with direction relative to the following concerns: 1. Does the proximity of the site to commerical and service uses meet the intent of the Senior Rousing Overlay District; and, 2. Is the project density appropriate for the area. If the Council determines that various mitigation measures are adequate to resolve these concerns, then the issue becomes: 3. Do the benefits of the project justify incentives requested of the City. Through the negotiation process the benefits of the project, including lower rents, must be in balance with the incentives offered by the City. At this time, not all of the incentives requested seem appropriate given the overall project proposal. Without specific input and direction on these issues, the applicant • will most likely assume the City Council has no significant concerns and will proceed with formal submittal of a General Plan Amendment, Development District, and Residential Development Review application with a preliminary Development Agreement. ty rG:Cd:jr Attachments: Exhibit "A" Exhibit "8" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Location Map Site Plan Building Elevations Floor Plans Proximity to Commercial /Service Correspondence from Applicant Pro Forma ?cy I 0 • RADIUS MAP — ve•xr rrae.m rRe. wnr %wa'•� %iw DEVELOPMENT E VtELOP 7ME�oNT DISTRICT MAP JLM ^�M MH MH c:11,1_4 Lm i LM LM M 1. MX .. • _ G�1 OSf�I i CITY OF 19 RANCHO CUG1NI0 \GA PLANNING DIVISION UOP OP XCNC / 1 ✓f"' OP -� LM NC NORTH `bWtA ( TITLE 40CA77a.4J M.4,os SCALE { `I (_ I 4 _7 I SITE DATA •SITE ACnIAOR 0, 75 ACRES -PROPOSED OENBITY OS.00 /AC. - PROPOSED UNITS 100 1 RLOROOM/BATH� 70 S 8E011130M /BATH -00 E BEDROOM /2 BATHS -30 -PARKING IUNCOVEREDI 103 SPACES V NORTH CITY or ITE,I: T.�c RA \CI iO CUCA'N"0 \G, TITLE Sne Peen! • PLANNING DIN'LSnN E. \I IIRIT E_ SCALE: W W 7 a r m a w 6 0 SION .1-I&VATION • 2V It 11 M FRONT -MLOVATION 30 UINIT BUILDING CITY OF 49 RANCHO CUCAMONGA PLANNING DIVISION NORTH 'r ITEM: 'All TITLE --fUV^77wWrt - LXlilBlT;-J=tt-- SCALE: . 21� ROAR ILGVATION 713 UNIT BUILDING CITY Or RA\CHO CLCAI,I0\G7� PLANNING DIVISKYN FRONT VL.VATION V ToRTH ITEM: T.4G • TITLE: ZL&VA77oAJS EXHIBIT: _1 SCALE: n u • uvino / L I� II LN1111 , 1C111N suss PLAN 2 {,Y SALCONY Y[ONOOY 1 "I'�m I�I� LIVING _ �� Gftnt EMlll• - PLAN 1 eepnooY T IEDNOOY CITY OF RANCHO CUCANIONGA PLANNING DIVISIUN • _— M— p— p —M —�-I IEOp00Y I LIVING pE0p00Y .IT. I n (1 n.as PLAN 3 ITEM: 7�'G TITLFI ftd&- ALAwls E.\HRIIT: b_ / SCALE: � (� NORTH n •x 1 n- wouex wun .�xrzmai c C uuurrunrose N!:. TYP ELEVATION 0 • NORTH CITY OF ITEM: T�tc RANCHO CUCANIONGA TITLE FLe IX ?e..� —Rre PLANNING DIVISUN EXHIBIT ;_Q-Z SCALE uvsb�runrose �P usn FLOOR PLAN uuurrunrose N!:. TYP ELEVATION 0 • NORTH CITY OF ITEM: T�tc RANCHO CUCANIONGA TITLE FLe IX ?e..� —Rre PLANNING DIVISUN EXHIBIT ;_Q-Z SCALE "1 -) V E CITY OF�RANCHO CUCAh10NGA COMMUNIT} LEVPOPYIENT DEPT, AM PM DEVELO['ME \"T 7151911011111'111213141516 k August 20, 1984 City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91730 Attn: Otto Kroutil Dear Mr. Kroutil TAC Development Corporation is currently requesting a zone change for the Seniors Housing Overlay District, and approval of a 168 unit Seniors Housing Apartment Complex from the Planning Commission and the City Council. The proposed site is 4.85 acres on Amethyst Street, approximately one block north of 19th. • It is the intention of TAC Development, with co- operation from the City of Rancho Cucamonga to provide comfortable, affordable housing for the Senior Citizens of our com- munity. Careful consideration has been given to design in order to give this project and the surrounding neigh- borhoods minimum intrusion from one another. All buildings and facilities have been located to the center of the development, with parking, mounding and extensive landscape are being used to buffer this project from neighbors. The P ,roject will have a large Recreation Building, located in the center of the project, with full kitchen facilities, restrooms, storage, and (2) two large meeting or game rooms, with a movable partition to allow one very large room for special functions. The recreation building will also in- clude a sauna for enjoyment and health, a (4) four foot deep swimming pool and spa will be located adjacent to the Recreation Center. The site location is well suited for high density Seniors Housing. Directly to the east is the Post Office and the Fire Station, directly to the south is Alta Loma Manor Rest Home, directly west an R -3 condominium project and directly north the Foothill Freeway corridor, There would be no impaction problem from a Seniors Project on this site. Omni Trans has a bus stop approximately 300 feet from the site. TAc. .�3tSIaiLL�I:L \Al L. . zN -N(.HO k UCANION(.A, CAI I170� NUZ ��f �� SENIORS HOUS�G PAGE -2- A Commercial Center at 19th and Archibald is (Is) mile • from the site. This center has a major market, Banking, Restaurants, Hair salon and a church. Certain design features will be incorporated into the site planning and building design to best satisfy and provide for the comfort and security of those living in the project. For example, a sound attenuation wall will be constructed along the northern border, this, coupled with building set- backs will alleviate potential noise and fume problems if and when the Foothill Freeway should be constructed. with new energy standards of quality insulation and dual glazed windows, each unit will be most comfortable as well as cost efficient for heating and cooling for individuals with more sensitive needs. An addition we have given is to provide a permanent shuttle van with the project, in order to allow those individuals unable to drive, to have access not only to all facilities around their community but also to be able to go outside the area for entertainment, shopping, etc. Each building will provide laundry facilities for the con - vience of tennants. The large (78) unit building will have (2) two elevators, one at each end. The smaller unit building will have one elevator, this we feel is an important feature for seniors. ! /tG aXHIIS? %- L 11 I 17) (15) (16)• I (20) i (191 ! -_'- - - - 13th Street e P g a _ (14) (21 _- • (3) .. .(4) Fvothi 1L @Ld _ N NOT i0 � -_._ k(GI BSI SCALE 1) 19th b Archibald - k mile )9) 19th 5 fieryl - ^ miie 2). 3). 8 4) Baseline b Archibald - 1 mile 20) Baseline 6 Amethyst - 314 mile 5) Foothill 6 Archibald - 2 miles 6) 8 7) Foothill - 2k miles 8) Foothill - 2.6 miles 9) Foothill - 2y miles 10). Base 6 19) - Baseline a Carnelian - 1 3/4 miles ) Baseline - 14 miles 13 I/ 17) Baseline - 1:. miles 15), 16), 17). 6 18) 1911 A Carnelian - I mile NORTH CITY OF ITEM: Ti4G' 19 RA\CHO CCCAINIO \GA TITLE �WAI /M214 !/5 PLANNING DIVISUN EXHIBIT: 94 SCALE: -� V _,) r D 'ITY OF RANCHO CUCAfdONGr. COMMUNITY DEVEI ORMENT DEPT. ORP SEP 14 1989 • AM PA1 FITLOPNiENr 71819110(IIIL'i112131A15(G 9 -13 -8A City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91730 Attn: Otto Kroutil Dear Otto: In response to our meeting of August 29th, I have attempted to compile the requested proforra and cost data. In regard to the effect of a density bonus on rents, it is difficult to proforma this project at conventional density because of differences in certain fees, onsite and offsite improvements. For comparison purposes, we recently had an apartment complex approved at 14 units per acre on the corner of Baseline 8 Hellman in Rancho Cucamonga, my average rent for this project is 5600.00 per month, approximately 5150.00 a month more than the average proposed rents for the Seniors Project. I believe it is reasonable to allow that rents will be approximately $150.00 lower than the average due to the increase in density. have included a cost estimate, a breakdown of on and offsite improvements, and itemized city fees. The fee sche- dule was provided by the Building and Safety Department. All costs are estimates at todays prices and are subject to cnanae. Information regarding interest rates, finance charges, and operating expenses were provided by our construction lender. Interest rates are very irratic and are subject to fluctuation. The operating expense and vacancy factors which total 30, may vary slightly from area to area, but I must use this percentage for loan purposes. As you can see by the proforma, a annual negative cash flow is projected, therefore we request that the city would assist TAC Development with a Revenue Bond for this project. We would also request consideration of waiving of City Fee's and assisting TAC Development with offsite improvement costs. I hope this information is sufficient. If you have any questions please call me at 989 -1725. Sincerely, b (!,.x� l� e Carman Project Manager . 733A I I F.IANAX A \T. . It kN('Ifn CU( L r1 L CoA=Rin/'6^A�� A1ON( \.('A1.IFOU IA 91730 . (7 1 4 ) 989-1795 0 DHV$iAPUF.I� 'T October 11, 1984 City of Rancho Cucamonga P. 0, Box 807 Rancho Cucamonga, CA. 91730 Attn: Otto Kroutil Oear 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---------------- - - - - -- -168 1 Bedroom 1 Bath- - - - -78 2 Bedroom 1 Bath- - - - -60 2 Bedroom 2 Bath- - - - -30 Parking ------------------------------ 168 Proposed Rents (Without Incentives) 1 Bedroom 1 Bath - - - -- $433.00 /month 2 Bedroom 1 Bath - - - -- $419.00 /month 2 Bedroom 2 Bath - - - -- $554.00 /month Proposed Rents (With Incentives) 1 Bedroom 1 Bath - - - -- $399.00 /month 2 Bedroom 1 Bath - - - -- $445.00 /month 2 Bedroom 2 Bath - - - -- $520.00 /month Incentives Current City Fees ---- Approximately $135,950.00 TOTAL FEES $135,950.00 We would request all City Fees be waived, and consideration be given by the Planning Department to assist in design features to save unnecessary construction costs. Also enclosed you will find Proforma's with and withour incentives. 12 Tiff �Go1Q!t�SAHv,ds�ucE •7333I1ELI.>1A,\AVE. • RA.N CIIOCCCA .\ION(i.\,C: \1.:FUIL \IA9 730 • (71'4;989.1720. PAGE -2- If you have any questions or require and additional infor- mation please call me at 989 -1725. • Sincerely, Terry Christensen President TAC /lc • Co94ft5PbW&O4ffA=6 ;,� F -Is �i CONSTRUCTION COSTS TAC DEVELOPMENT CORPORATION SENIORS PROJECT PROFORMA WITHOUT INCENTIVES Land Costs $500,000.00 Building @ $36 /sq. ft. Elevators (5) Onsite - Offsite Improvements (See attached) Landscaping & Pool Recreation Building Shuttle Bus Architect & Engineering Fees City Fees (See Attached) TOTAL Finance Cost Loan Fee 3," Construction Interest Miscellaneous Fees • TOTAL TOTAL COST (Without Land) $3,513,340.00 150,000.00 384,705.00 110,000.00 30,000.00 20,000.00 230,000.00 135,950.00 $4,573,995.00 $ 134,000.00 320,000.00 10,000.00 464,000.00 $5_,037,995.00 PROPOSED INCOME AND EXPENSE (WITHOUT INCENTIVES) 1 Bedroom, 1 Bath $433 x 78 = $33,774.00 2..Bedroom, 1 Bath $479 x 60 = $28,740.00 2 Bedroom, 2 Bath $554 x 30 = $16,620.00 TOTAL MONTHLY 79,134.00 Gross Annual Income $79,134.00 x 12 $ 949,608.00 Operating Expense 27% (256,394.00) Vacancy Factor 3% ( 28,488.00) Miscellaneous Income 4.032.00 TOTAL OPERATING EXPENSE 668, 5 .00 Debt Service @ 13;% 692,688.00 TOTAL 23 930.00 �C Pro AweM.4 4- •73:33:[rl_L:v1A \AVE. RANICI1 0(, ""':LXHW(iA,('..\LIFOR. \IA91730 . (710989.1725- TAC DEVELOPMENT CORPORATION SENIORS PROJECT 0 PROFORMA WITH INCENTIVES DE \TL4DF14EK-r CONSTRUCTION COSTS Land Costs $500,000.00 Building @ $36/sq. ft. $3,513,340.00 Elevators (5) 150,000.00 Onsite- Offsite Improvements (See Attached) 374,705.00 Landscaping & Pool 110,000.00 Recreation Building 30,000.00 Shuttle Bus 20,000.00 Architect & Engineering Fees 230,000.00 City Fees (See Attached) .00 TOTAL 4,428,045.00 Finance Cost Loan Fee 30 $ 132,850.00 Construction Interest 310,000.00 Miscellaneous Fees 10,000.00 TOTAL 5 452,850.00 TOTAL COST (Without Land) $4,880,895.00 PROPOSED INCOME AND EXPENSE (WITH INCENTIVES) 1 Bedroom, 1 Bath $399 x 78 = $31,122.00 2 Bedroom, 1 Bath $445 x 60 = $26,700.00 2-Bedroom, 2 Bath $520 x 30 = $15,600.00 TOTAL MONTHLY $73,422.00 Gross Annual Income $73,422.00 x 12 S 881,064.00 Operating Expense 27% (237,887.00) Vacancy Factor 3% ( 26,431.00) Miscellaneous Income 4,032.00 TOTAL OPERATING EXPENSE 620,178.00 Debt Service @ 13;" 671,097.00 TOTAL 50,319.00 • L, r 1 L J T/lhc ?: a Fe0k44A •73331IELL.NIA.\A`T. • RA .ICHOCCCrLNIONti:%.CALIFOIL\IA9 7<3y (714)989.1725• ESTM: TE DESCRIPI 17%' PRTC-, -pTAL PRICE a�- IV, K vi 3» ESTIJLTE DESCRIPt WSPEC IF ICAT M:-E QUA::-!-. Y ' \1Y PRICE -o-A'. PRICE 33 Q` p • M E M O RAN D U M ONGA D)tt ADMINISTRATION OCT 10 1984 TO: Lauren M. Wasserman, City Manager AY PY q)8)8)D)ll)12)1)2�3)4)8)6 FROM: Robert E. Dougherty,' City Attorney DATE: October 10, 1984 RE: Proposed "Terra Vista Planned Communitv Development Agree- ment No. 2" Lewis Homes (used generically) proposes to enter into an agree- ment with the Central School District to facilitate the provision of educational facilities for students in grades K through 8 to be gen- erated by residential development in Terra Vista. This Agreement, which provides that it will be in lieu of any other exactions, among other things requires Lewis Homes to provide relocatable structures to be used as interim school facilities. Lewis Homes has expressed a concern that the City might some- time in the future refuse to issue building or other permits for the relocatable structures and the stated reason for requesting the City to enter into the proposed Development Agreement is so that the City could not in the future refuse to approve the use of relocatable structures as interim school facilities. Obviously, if the interim school facilities were being constructed by the school district on district owned property, the city would have no say in the matter whatsoever. However, Lewis Homes fears that the City might have the legal ability to veto relocatable structures which are to be provided by Lewis Homes to the school district pursuant to the school facili- ties agreement. It is for this reason that Lewis Homes has requested the City to enter into the proposed Development Agreement No. 2. -1- The proposed Development Agreement No. 2, however, goes far beyond the subject of permitting relocatable buildings to be used • as school facilities. The Agreement is proposed for a thirty (30) year term. Among the provisions which I could not recommend are those contained in paragraph 3(a)(b) which are summarized as follows! (a) The City would be required to recognize that "the obligations undertaken by Lewis pursuant to this [Development] Agree- ment and the School Agreement shall be accepted in lieu of fees, dedi- cations, assessments, taxes or any other exaction relating to school overcrowding . . . which are levied pursuant to the School Facilities Act . . . or pursuant to any other provision of state or local law or policy, whether in force at the effective date of this Agreement or adopted subsequent thereto . . . (b) All real property [subject to the School Agreement] • are hereby exempted from any future moratorium, limitation on devel- opment, or other restriction or constraint imposed by the City for purposes of alleviating or mitigating school overcrowding or impac- tion, or for any other aspect of school facility operation or develop- ment. To even speculate on all of the possible changes which can occur in the area of providing and financing public education, dur- ing the next thirty (30) years, requires a clairvoyance which the author of this memo does not possess. For that reason alone I be- lieve that it would be extremely unwise for the City to enter into the proposed Agreement, particularly when I do not see any need for the City to enter into any form of Development Agreement regarding school facilities. • Because Development Agreements have the effect of limiting -2- the options of the present and future City Councils to deal effec- tively with possible unforeseen changes in circumstances, I do not believe that they are something that the City should consider unless the benefit of such an Agreement to the City clearly appears. Such is not the case with the proposed Terra Vista Planned Community Development Agreement No, 2. In fact, the proposed Development Agreement does not seem to provide anything to the City in consider- ation for the committments that the City has been asked to make. In the absence of a Development Agreement Lewis Homes must still arrange with the School District to provide adequate facilities to educate the children generated by the Terra Vista Developments. Otherwise, building permits will not issue. In addition to the provisions specifically pointed out above, there are a number of other portions of the proposed Agreement which • I find ambiguous or objectionable. However, commenting upon the legal details would be a somewhat irrelevant exercise if the City Council accepts my recommendation, and that of the City Manager, to the effect that no form of Development Agreement relating to school facilities should be approved by the City Council. RED:sjo 9 -3- 1 4 ? • I TERRA V!SM October 8, 1984 Honorable Mayor and Members of the City Council City of Rancho Cucamonga 9320 -C Base Line Road Rancho Cucamonga, CA 91730 Re: Proposed Development Agreement, Terra Vista Schools Program Dear Mayor and Council Members: After many months of work and negotiation, the Terra Vista schools program with the Central School District is now before the District Board of Trustees for approval. We and the District are in agreement, and final Board action is scheduled for October 17. You may recall that, early this year, we communicated to you the need for a • Development Agreement between us and the City to allow the schools program to go forward. At that time, you advised us to first conclude our agreement With the school district, and then bring the matter back before you. That time is now here. This Development Agreement is not in any way intended to involve the City in our program with the District. On the contrary, the sole reason for the Development Agreement is to assure both us and the District that the City will not become involved. We need that assurance because, without it, neither party can be sure that the program can go forward as planned. The school agreement is therefore contingent on this Development Agreement. The gist of the Terra Vista schools program is that we would provide two entire new relocatable schools, located at the future permanent school sites in Terra Vista. The plans for the Terra Vista schools would be reviewed by all the state agencies that are normally involved in school construction, as well as by the District. The first Terra Vista school would be planned to open in September 1985 and would then be expanded on a phased schedule; the second school would open when the first is full. The District would use these schools until state funding became available to build Terra Vista's permanent schools. For your convenience, enclosed is a summary of the program which was prepared by District staff. The school agreement itself, which is fifty pages long, has been provided to your staff. 115814 M,s, -, r. A,q PO ©0.570 Uoarmi OA 17141 995 09 71 Devmooed t:, i.rry s MOmns City Council City of Rancho Cucamonga Page 2 October 8, 19b4 The Development Agreement covers only four points: • 1. The planning and construction of schools is a state concern. The law is clear that, if the District itself built the Terra Vista schools, state review and approval would preempt City control over this process. In oui case, we, a private concern, would actually be the owner and builder of the schools. This would be in the District's interest as well as our own, but there would he some ambiguity because the law does not address this particular situation. It is critical that we have the City's assurance that, in building schools for the District's benefit, we will receive the same treat- ment that the District would receive if it were building these schools. This means that state review will control and the City's development approval processes will not apply. We will, however, agree to improve the adjoining streets to your standards, which would not normally occur in a school project and which, we know, has been a problem for the City in the past. Key staff in Planning, Engineering, and Building, as well as the City Manager, have all assured us that the City has no intention of getting involved in the design of the schools. We simply need formal assur- ance to that effect. Similarly, if the District itself were building these schools, it • would be exempt from City fees applicable to development. City staff has indicated that no such fees would apply (though we will pay the plan check and inspection fees connected with the street work), and we need formal assurance that this will be the case. The Terra Vista schools program is based on providing facilities instead of paying school fees. Under the program as negotiated, we will be providing all the basic facilities the District feels it requires to adequately serve Terra Vista children. This includes not only classrooms, but also new sites, site improvements, playfields, dining areas, core buildings, furniture, etc. Because this program will meet the District's needs, they have agreed that we will never be charged any school fees throughout the development of Terra Vista. However, because it is the City, not the District, that actually establishes and in theory collects school fees, it is conceivable that the City could impose a school fee on Terra Vista even though the District had exempted us from any such requirement. While this may appear unlikely, it is one of the few things that would be fatal to the program. We therefore need your assurance that the City will not unilaterally do what the District is already promising not to do. Under the provisions of the school agreement, we will be uncondi- tionally obligated to provide the facilities for every student gener- ated by Terra Vista. There are no "if's, ands, or but's" in our agreement with the District; we are absolutely promising to provide • these facilities, regardless of whatever else may happen. 330 City Council City of Rancho Cucamonga Page 3 October 8, 1984 • The costs of an entire new school are phenomenal, and they are very heavily front - loaded. The land, utilities, parking, playfields, core buildings, and related facilities all must be provided at the beginning, even if there are very few students to start with. To open each school, we will be making a huge investment, most of which is attributable to homes that we will be built over the next several years. We cannot make an investment of this magnitude unless we know that we will indeed be able to build those future homes and recover their share of the school's costs. Because we are unconditionally bound to provide the facilities to house every Terra Vista student, the District knows that if it ever faces an overcrowding problem, it will not be of our making. The District also understands that we can undertake to open a school only if we can continue building the rest of the homes to fill up that school. Therefore, in return for our commitments to provide facilities, the District is giving us its unconditional promise that Terra Vista will not be affected if it ever becomes necessary to stop development because of school overcrowding. Bowever, we have always realized, and the District has come to agree, that this promise is not worth much without the City's concurrence, since it is the City, not school districts, that has the legal autho- rity to impose mratoriums on development. In a situation of school overcrowding, political pressures are intense and emotions run high. It is by no means farfetched to conceive of a situation where Terra Vista would be engulfed by a school moratorium in the pressures of the moment, even though we had already done more than our share and the District stood firmly behind us. tae therefore have to know that the City will not nullify one of the most important deal points between us and the District. It is important to emphasize that the entire program we have negotiated with the District has been premised on the City's concurrence on these four items. That is why we came to you seven months ago, to present these concerns and initiate a Development Agreement addressing them. While the formal process- ing of this agreement was postponed until now, We have understand that the general concepts did not present a problem for the City, and that is the underpinning of the program we have worked out. It is also important to note that neither we not the District intends to put the City in the middle in the event there is ever a dispute between us. This has been clarified in the final changes made to the school agreement at the District's request. The District will provide us with the normal clearance for each tract, and we will present that to you when we pull building permits. All we want the City to do is just proceed as usual. The question has been raised why an actual Development Agreement is called for., as opposed to a written understanding of some other kind. Simply stated, under this proqram we will be firmly obligated for an indefinite period of time. We are making unconditional promises to perform very specific things 3 3, City Council City of Rancho Cucamonga Page 4 October 8, 1984 on a specific schedule. The District in turn is making some promises to us. • Without the City's concurrence, we cannot be certain that we can in fact perform what we are promising the District, and vice versa. The people involved in City government today may not be the public officials we are dealing with in years ahead. We and the District must both be sure that the City will not change the ground rules on which our program is based at some future date. A Development Agreement is the only mechanism to orovide that assurance for a long -term program such as this. The Terra Vista schools program is good for the District, good for Terra Vista, and good for the City at large. Your agreement that the City will permit us to implement it is the only remaining hurdle. Since the agreement between us and the District cannot take effect until the City acts, we respectfully request that this Development Agreement be reviewed and approved as rapidly as possible. Sincerely, LEWIS HOMES OF CALIFORNIA Kay Matlock Project Manager /km Enc. 3�'• • CENTRAL SCHOOL DISTRICT Presentation to Board of Trustees School Facilities Agreement Between • Central School District and Lewis Homes September 26, 1984 Background Representatives of the Central School District and Lewis Homes have been holding meetings since April 1983 to discuss various solutions to the problem of providing school facilities for children from the Terra Vista Planned Community. Approximately one half of Terra Vista is located in the Central School District east Of Haven Avenue. In the next ten to twenty years, Lewis Homes plans to build approximately 4,500 homes, apartments, and condominiums in the Central School District. In order to house these children, two additional elementary schools and a portion of a junior high school will be required. The City of Rancho Cucamonga, through its growth control ordinance, requires any builder of residential projects to obtain certification from local school districts before they may build. This certification is given only if local school districts can insure that they can house children generated by residential development. The Central School District was forced to withhold such certification from developers in the spring of 1983 until negotiations with developers could produce a solution to the problem of providing adequate school facilities for children to be generated from their planned developments. These negotiations resulted in raising the mitigation fee for each single family home built in the Central School District from $1,100 to $1,725 and then to $2,003. Raising • these fees will allow the district to adequately house children for 900 tingle family homes at Bear Gulch School and Cucamonga Junior High School. 0 Because of the size of Terra Vista and the large impact this develop- ment will have on school facilities, alternate solutions have been proposed. discussed, and fine tuned for the past seventeen months by the Central School District and Lewis Homes: The solutions discussed have basically revolved around Lewis Homes providing the district with relocatable school facilities at the elementary schools in Terra Vista until state funding is available for permanent schools. The School Facilities Agreement presented to the Board of Trustees for its information and review is a result of many hours of discussion, analysis, negotiation, and compromise by both parties. September 26, 1984 Page 1 of 2 OUTLINE OF SCHOOL FACILITIES AGREEMENT .. Facilities Provided. Lewis Homes will provide to the district: is a. Two elementary school sites (As described in Exhibits F, G and H.) b. Site development for these sites (As described in Exhibit C.) C. Relocatable classroom buildings (As described in Exhibits A and J.) d. Relocatable core facilities to include administration buildings, kindergarten rooms, restrooms, library /resource buildings and serving kitchens (As described in Exhibit B.) e. Furniture and equipment for classrooms (As described in Exhibit E.) f. Other school facilities and improvements such as playground areas, equipment, lunch tables, and parking lot (As described in Exhibit D. g. Temporary student housing, defined as trailer type classrooms, for Terra Vista pupils until TV -1 or TV -2 are completed according to a formula described in Paragraph 11 2. License Fee. Lewis will provide such facilities at TV -1 and TV -2 at a eeo $1 per year until state funding is available for construction of permanent facilities at TV -1 or TV -2. 3. Junior High Facilities. Lewis will pay to the district 2/9 of the TI'tYOt Rancho Cucamonga Impaction Fee for providing interim school facilities for pupils from Terra Vista in grades 7 -8. This fee is currently $244.44 per single family home ($1,100 X 2/9) and will be adjusted annually by the change in building costs (See Paragraph 8.) Master Certification. The district will accept the elementary schoop acilfties provided and the fees for junior high facilities from Lewis in lieu of any other fees. The district will issue a master certifi- cation to the City of Rancho Cucamonga providing that the district will provide capacity and approval for all residential development in Terra Vista (See Paragraphs 3 and 4 and Exhibit K.) 5. Refund of Fees. Ail fees paid by Lewis for units already under con- struction wi be refunded, without interest, less the fees applicable to grades 7 -8 and the cost of housing Terra Vista pupils up until the effective date of the agreement. All fees paid will be retained by the district until the effective date (See Paragraph 3.) 6. Architectural Services. Lewis will loan the district funds for archi- tectural services or any schematic design phase work by the district architect up to 25% of the total cost for architectural services for the permanent school at TV -1 or TV -2. Lewis may opt to have the distric architect prepare construction documents for the permanent schools and will loan the district funds for such work (See Paragraph 6.) 7. Permanent Im rovements at Interim Schools. Many of the facilities prove a at either t e TV- or TV-2 interim schools will eventually become part of the permanent school, particularly in the areas of aite development and playground facilities. For this reason, the site plans for the interim and permanent school at TV -1 are being developed as a total school site plan by both parties. It is hoped • that the cost of any such improvements will be recouped by Lewis when the improved site is purchased by the state through the Leroy F. Greene Program, Plans and designs for any such reuseable improvements will be in conformity with cost guidelines of the Greene Program. (See Paragraph 9(a) and Exhibit I.) �- Outline of School Facilities Agreement Page 2 of 2 September 26, 1984 8. 00 ening Dates. It is intended that Terra Vista I be ready for school in Sep— e tmber 1985, or later, if mutually agreed. (See Paragraph 9(d).) The opening date for TV -2 will be approved by the district and will be no earlier than 90 days after TV -1 reaches an enrollment of 690 or later than the next school quarter after enrollment reaches 840. (See Paragraph 9(e).) 9. District Addition of Classroom S ace. The district may add classroom space at either interim school up to three classrooms or 20% of the classrooms Lewis Homes is obligated to provide, whichever is greater. 10. Insurance. The district will, at its expense, obtain liability insurance with limits of not less than $50,000,000. The district will also maintain a policy of all -risk property insurance to cover fire, flood and earthquake damage on the property. The cost of flood and earthquake insurance and any deductible amount on either policy will be borne equally by both parties. 11. Priorit for Lero Fg . Greene Funding for Permanent Construction. Priorities or un in or permanent school construction in the district include: the completion of Bear Gulch School, an as yet unidentified elementary school in the district west of Haven, two elementary schools in Terra Vista, and a proposed junior high /intermediate school in Terra Vista. In the School Facilities Agreement the district and Lewis Homes agree to the following formula: • (a) The district, at its sole discretion, may use state funding to finish Bear Gulch School. (b) The district will divide the district into two areas - the "Westerly Development Area" (west of Haven), and the "Easterly Development Area" (Terra Vista). The district will compute New Student Points for each of these areas prior to Phase II approval under the Leroy Greene Program for any school construction project application. New Student Points are defined as the numerical score as defined in Paragragh 1(n). The decision on whether to build an elementary school west of Haven or in Terra Vista will depend on which area has the highest Net Student Points. (c) At the point that the district has 1,050 pupils in ggrades 7 -8, the district may substitute a junior high facility, to be built in Terra Vista, for either elementary school. 12. Effective ➢ate of A reement. The agreement will be effective only a ter the a ective ate or an ordinance adopting a separate Development Agreement between the City and Lewis relating to the School Facilities Agreement. This separate Development Agreement allows implementation of the School Facilities Agreement without further conditions being imposed by the City such as design approval, prohibition of building relocatable facilities on private land leased to the district, City inspection and building permit requirements, and the acceptance by the City of the agreement between Lewis and the district as satisfying the obligations of Lewis Homes regarding the problem of school over- crowding within Terra Vista. A copy of the Development Agreement is provided. • TERRA VISTA SCHOOL FACILITIES AGREEMENT This Terra Vista School Facilities Agreement (the "Agreement ") is made the day of , 1984, by and between LEWIS HOMES OF CALIFORNIA, LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, general partner- ships (hereinafter collectively referred to as "Lewis"), and the CENTRAL SCHOOL DISTRICT OF SAN BERNARDINO COUNTY (hereinafter referred to as the "District "). R E C I T A L 5 A, The City of Rancho Cucamonga (hereinafter referred to as the "City ") is an incorporated general law city existing under the laws of the State of California. B. The existing boundaries of the District include a portion of the • approximately 1,300 -acre Terra Vista Planned Community ( "Terra Vista "), located within the City, which is generally that portion Tying south of Base Line Road, west of the planned extension of Milliken Avenue, north of Foothill Boulevard, and east of Haven Avenue. Lewis controls all of said property which is potentially developable for residential purposes, more fully described as all of Section 1, Township 1 South, Range 7 West, San Bernardino ease and Meridian, in the County of San Bernardino, State of California, excepting therefrom any lands granted to the County of San Bernardino, State of California, or City of Rancho Cucamonga. C. Lewis desires to construct residential housing on the portion of Terra Vista which is included within the jurisdiction of the District, where the capacity of existing public schools serving grades kindergarten through eight, inclusive ( "K -8 "), is presently inadequate to serve the pupils which are projected to be generated from Lewis' developments. 0. The District desires to enter into certain agreements with Lewis to facilitate the provision of educational facilities for the students in grades K -8 to be generated by Terra Vista developments. Rev. 091984 , F'I Agreement Page 2 E, Unless demonstrated to be higher or lower based on appropriate survey • data, the Student Generation Factors for grades kindergarten through six inclusive ( "K -6 "), which will apply to the housing developments in Terra Vista are as follows, and the generation rate for each grade level is deemed to be one- seventh (1 /7) of the respective Factor: (1) Four hundred sixty -seven one - thousandths (.067) students per household for single - family detached dwellings. (2) Two hundred thirty -three one - thousandths (.233) students per household far multifamily dwellings with two or more bedrooms, including but not limited to condominiums, townhouses, apart- ments, and mobilehones. (3) Zero (0.0) students per household for projects enforceably restricted to the elderly, or enforceably restricted to adults, and for dwellings of the type listed in the preceding subsections but with less than two btdrooms. • F. Unless demonstrated to be higher or lower based on appropriate survey data, the Student Generation Factors for grades seven and eight ( "7 -8 ") which will aptly to the housing developments in Terra Vista are: (1) One hundred thirty -three one - thousandths (.133) students per household for single - family detached dwellings. (2) Sixty -seven one - thousandths (.067) students per household for multifamily dwellings with two or more bedrooms, including but not limited to condominiums, townhouses, apartments, and mobilehomes. (3) Zero (0.0) students per household for projects enforceably restricted to the elderly, or enforceably restricted to adults, • and for dwellings of the type listed in the preceding subsections but with less than tiro bedrooms. Rev. 091984 237 Agreement Page 3 • G. Prior to final approval of subdivision maps applicable to Terra Vista and /or the issuance of building permits needed to initiate construc- tion of the intended dwelling units within the District, the City re- quires that the District acknowledge the fact that school capacity is available or will be provided for the students expected to be gener- ated by such development. The District is generally unable to make this acknowledgment since schools in the District which would other- wise provide school services to Terra Vista are experiencing con- ditions of overcrowding. H. Lewis and the District intend by this Agreement to ensure that interim school facilities will be made available in a timely and economical manner so as to serve the new residents of Terra Vista. It is intend- ed that the temporary solution to the school overcrowding problem adopted herein will result in facilities suitable to provide a quality educational program only until such time as funding is made available to the District for providing permanent facilities owned by the • District or the State and that the District w111 continually apply and renew applications for such funding. NOW. THEREFORE, in consideration of the mutual covenants and agreements herein contained and other goad and valuable consideration, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context requires other- wise, the following definitions shall apply: (a) The "Scope of this Agreement" shalt include all residential development projects located in Terra Vista within the existing boundaries of the District. (b) "Estimated Students Generated" for purposes of quantifying Lewis' obligations to provide school facilities pursuant to this Agree- went shall be determined by applying the Student Generation Factors identified in the Recitals, to dwelling units in Rev. 091984 ?3J� Agreement Page a residential development projects within the Scope of this Agree- ment for which roof installation has been completed. (c) The "Act" shall mean and refer to the School Facilities Act (Goverment Code Section 65970, at se q.) as it has been enacted at the Effective Date of this Agreement, as such date is defined herein. (d) "Greene Program" shall mean and refer to the Leroy F. Greene State School Building Lease - Purchase Law of 1976, Education Code Sections 17700, et semis , (e) The "Regulations" shall mean and refer to the "Regulations Relating to the Leroy F. Greene State School Building Lease - Purchase Law of 1976 ", found at Sections 1865.1, at seq, of Title 2 of the California Administrative Code as they have been adopted at the Effective Bate of this Agreement. • (f) "Elementary" shall mean and refer to students in grades K -6 and school facilities for such students. (g) 4 School" shall Wean and refer to the first elementary school to be opened pursuant to this Agreement in Terra Vista within the District's jurisdiction, which school is intended to be located approximately as shown on Exhibit F. attached hereto, and con- figured approximately as Shown on Exhibit 1, attached hereto. The TV -1 "school" or "site" shall refer to either (1) the future "permanent school" site, as described in Exhibit G attached hereto, or facilities thereon, or to (2) the "interim school" located partially on the permanent school site and partially on an adjoining "temporary site% as shown on Exhibit 1, attached hereto, as the context demands. (h) "TV -2 School" shall refer to the second elementary school to be • opened pursuant to this Agreement In Terra Vista within the District,$ jurisdiction„ which school is intended to be Rev. 091984 Agreement Page 5 • approximately located as shown on Exhibit F, attached hereto, and the permanent portion of which is intended to be approximately as described in Exhibit H; provided, however, the location and configuration may be changed by agreement of the parties. (i) "Impaction Fee" $hall mean and refer to the fee authorized by the Act to be levied as a temporary mitigation measure to alleviate school overcrowding conditions and implemented by Rancho Cucamonga Municipal Code Sections 16.24.010, at seq., as it is presently enacted and as it may be supplemented by any Resolution of the City Council in force at the date of execution of this Agreement by all the parties. (j) "Conditions of overcrowding" shall have the same meaning as defined in Section 65973 of the Act. (k) "Interim school facilities ", with respect to junior high facil- ities only, shall have the same meaning as "interim facilities" As defined in Section 65980 of the Act; in all other contexts it shalt have the meaning specifically described herein. (1) "Relocatable school facilities" shall mean and refer to core, restroom, or classroom structures or modules, new or used, built onsite or offsite, as more fully described herein, and which meet all the following criteria: (1) There are no common walls with other such structures or modules. (2) In the event the structures or modules were to be moved, the floor would be transported along with each such structure or module (no slab floors). ® (3) Any one such structure or module can be removed In proper sequence from a� gr. oup of such structures or modules without Rev. 091984 3� Agreement Page 6 disrupting the remaining buildings; adjustments to eaves, • fascia, etc, are permitted in the event of such removal. (4) Each structure or module is readily and economically trans- portable over public highways in California. (m) "Phase 1 ", "Phase 11', and/or "Phase Ill" shall mean and refer to the respective approval stages of a District application for permanent school construction funding pursuant to the Greene Program, as more fully defined in Section 1865.50 of the Regu- lations. (n) "New Student Points" shall mean and refer to a numerical score defined in the following manner and computed with respect to each Development Area (as defined in subsection 7(b) hereof) for purposes of determining priority of applications for permanent school- construction funding: (1) In each Development Area the number of construction "starts" • for new residential dwelling units begun after March 1. 1984 and which have progressed at least to the stage where slab flooring (or comparable foundation work) has been con. structed shall be determined. This number shall be reduced by such uncompleted units for which construction has ceased for a period of ninety (90) days or mare. (2) The Student Generation Factors for grades K•6 defined in the Recitals to this Agreement shall be applied to the number of construction starts so determined, giving proper effect to the type of dwelling unit being constructed (e.g., single family detached, multifamily, senior adult only, etc.); by multiplying the appropriate Factor by the construction starts of the appropriate category and summing all categories, the number of expected students shall be • determined a /) 1' Rev. 091964 Agreement Page 7 • (3) One (1) New Student Point shall be assigned for each expected student as determined by that calculation of the preceding subparagraph. 2. Effective Date. This Agreement shall be effective, and the obliga- tions of the parties hereunder shall arise. Only as of the effective date of an ordinance adopting a Development Agreement between Lewis and the City related to the matters herein contained, which date is referred to herein as the "Effective Date ". 3. Agreement in Lieu of Any Other Exactions, with respect to present or future conditions of overcrowding and /or any similar school impaction problems within the District, or any other aspect of school facility operation or development, the District agrees that the obligations undertaken by Lewis pursuant to this Agreement shall be accepted in lieu of any and all fees, dedications, or other exactions otherwise chargeable to Lewis pursuant to the Act or to any other requirements • of state or local law or policy, whether in force at the Effective Date of this Agreement or adopted subsequent thereto, and that res- idential development projects within the Scope of this Agreement will be exempted from any moratorium, limitation on development, fee, dedication requirement, assessment, special tax, or other exaction that may be levied, recommended, or concurred in by or for the benefit of the District for purposes of alleviating or mitigating such a situation, The District further agrees to immediately cancel any Agreements for Financing Public School Facilities executed prior to the Effective Date by Lewis with respect to development within the Scope of this Agreement and to refund, without interest, any Sums paid pursuant to Such agreements less the amount of such suns attributable to grade 7.8 impaction problems as defined in Section 8 hereof and less the District's actual costs of housing Terra Vista - generated students in grades K -6 up to the Effective Date, which the parties contemplate to be on the order of Thirty Dollars ($30.00) per student per month, and which are defined as those costs which Lewis would otherwise have been obligated to bear pursuant to Section 11 hereof had this Agreement already beep in effect. I'V I Rev. 091984 3-(� Agreement Page 8 a. Certification of School Capacity. Within five (5) business days of • the Effective Date the District shall issue a master certification to the City, in the form attached hereto as Exhibit K, certifying that upon payment of the fee specified in Section 8 hereof, when applicable, it will accept, and provide customary educational services to, all the grade K -8 students resulting from residential development within the Scope of this Agreement. Separate receipts shall be delivered to City at such time as Lewis shall deliver the payment to District for grades 7.8 pursuant to Section 8 of this Agreement, In addition the District will. if such are required by the City, provide school capacity letters and capacity letter renewals applicable to grades K -8 as required by City of Rancho Cucamonga Municipal Code Section 17.04.070 or any successor ordinance or resolution and the District further agrees it will not oppose the City's issuance of any and all approvals and /or permits which may be applicable to such residential development. 5. Applications for Funding. The District agrees to continue its effort to obtain school facilities funding from the Greene Program, as well as from other sources, such as state, federal, or local agencies, including the Rancho Redevelopment Protect of the City, and will apply such funding in mitigation of the school overcrowding prcblem in the manner provided by this Agreement. Effort to be expended by the District in this regard includes, but is not limited to, submittal of applications, appearance at public hearings. correspondence with members of the applicable governing body and /or the Legislature, requests for special legislation (where applicable), and similar lobbying techniques intended to achieve the desired result. Lewis shall have the right to review all applications to be submitted and any other documents in connection with the District's efforts to obtain such funding, 6. Architectural Costs of Application. Within two (2) months from the Effective Date of this Agreement, Lewis shall lend funds to the • District to initiate the schematic design phase of architectural work (including site planning) for both the interim and permanent TV-1 Schools. At or before the time the Estimated Students Generated reach Rei/1, Agreement Page 9 the number five hundred (500), unless released from such Obligation as provided in Section 9 hereof, Lewis shall lend additional funds to the -- District to initiate schematic design (including site planning) work for the TV -2 facility. Unless released from such obligation pursuant to Section 9, Lewis shall lend from time to time the additional funds necessary for site planning activities for each respective school, provided, however, that the amount t0 be loaned by Lewis for such work pursuant to this Section shall not exceed twenty -five percent (25%) of the total fee expected to be earned for architect's services applicable to the respective permanent school. As used in this Agreement, to "lend funds" shall mean to provide the District, within thirty (30) days after receipt of a properly verified invoice, funds with which to pay architectural charges, in anticipation of future reimbursement as provided by Sections 12 and /or la of this Agreement. Lewis may choose from time to time to lend additional funds related to the preparation of construction documents for either Or both permanent schools, up to the limits which are expected to qualify for reim- • burs went under the Greene Program. In order to minimize design costs for the TV -2 School, serious consideration shall be given by the District to adapting construction drawings developed for the TV -1 School for that purpose. All plans and designs for the TV -1 and 1V -2 permanent schools shall be in conformity with the facility and cost guidelines of the Greene Program and the State Department of Education and shall be prepared with the understanding that funding under that Program will be used to construct the schools. Further, the plans and designs shall promote joint use of adjoining park area for school purposes, as well as joint use of the school grounds and facilities for park purposes, and shall minimize physical barriers thereto wherever possible. 7. Priorities for Funding. The District shall establish priority, in its applications for permanent school funding, for the school projects which will best relieve both short -term and long -term overcrowding for is the District as a whole, based on the considerations of this Section. Rev`',011 9114 3 y`l Agreement Page 10 (a) Schools Needed. The District will submit at the earliest • possible dates Greene Program (and /or other program) applications for all schools expected to be needed during the period of this Agreement. These schools include an as- yet - unidentified new elementary school outside of Terra Vista to serve the westerly area of the District, the Bear Gulch school facilities not already constructed, the two proposed elementary schools in Terra Vista serving the easterly area of the District which are the subject of this Agreement, and a proposed junior high /intermed- iate school. (b) Elementary Schools. Prior to anticipated receipt of a Phase 11 Greene Program approval of any project application, or at any comparable stage in other candidate funding programs, the Dis- trict will compute or re- compute, as applicable, the New Student Points attributable to the 'Easterly Development Area- of the District (being the area east of Haven Avenue encompassing the Terra Vista Planned Community) and to the - Westerly Development • Area" of the District (being the area west of Haven Avenue and /or south of Foothill Boulevard), along with the net New Student Paints for each Development Area (defined as the New Student Points less the student design capacity of new school facilities built or to be built or purchased as a result of project applica- tions in that Development Area which have already received an allocation of funds for Phase 111 or construction funding). This computation shall be made at the latest date at which the funding source will allow the District to change the priority of its applications with respect to the pending Phase it approval, provided that Lewis shall have one week before said deadline to verify the computation; the District agrees to correct any errors disclosed by Lewis' review. If the Easterly Development Area has the highest total of net New Student Points, then the application for the applicable Terra Vista elementary school shall be accorded the highest District priority for funding; provided, • however, that an application for expansion of the then_isting facilities at the Bear Gylch school my at the discretion of the Bev. 091984 II Agreement Page 11 (d) Existing Schools. The District's existing schools known as Central, Valle Vista, and Dona Reread shall not be designated as top priority for funding (other than for rehabilitation or reconstruction funding, only if it is determined that such funding does not compete with new construction funding) until after the new facilities IJlentified herein to be constructed in 1 Rev. 091984 District be accorded the highest priority notwithstanding this paragraph. The parties intend that each application for an elementary school in Terra Vista will be submitted, and if necessary amended, to include a complete school with facilities for at least six hundred ninety (690) students, to the extent the District then qualifies for a complete school under the Greene Program. If phased construction of either permanent Terra Vista elementary school is unavoidable, the parties agree that completion of such school shall retain priority over construction of other schools, unless the parties mutually agree upon a different order of priority. (c) Junior Nigh Schools. Notwithstanding anything contained in this Section 7 of the Agreement, if the total enrollment in the District in grades 7 -8 has reached one thousand fifty (1,050) students before a particular Terra Vista at momentary school application has received Greene Program Phase It approval (or any • comparable stage of approval in other candidate funding programs), the District may substitute a facility which will serve grade 7 -8 students as its top priority for funding, in place of the indicated elementary school. This may be done once; thereafter, both the TV -1 and TV -2 Schools shall take priority over any further expansion of facilities to serve grade 7 -8 students. In the event the District elects to make the substi- tution permitted by this subsection, the grade 7.8 facility shall be located in Terra Vista and the land shall be purchased by the District at fair market value as promptly after the substitution has been elected as is reasonably possible taking into consid- eration the law and regulations applicable to the funding source. (d) Existing Schools. The District's existing schools known as Central, Valle Vista, and Dona Reread shall not be designated as top priority for funding (other than for rehabilitation or reconstruction funding, only if it is determined that such funding does not compete with new construction funding) until after the new facilities IJlentified herein to be constructed in 1 Rev. 091984 Agreement Page 12 the Easterly Development Area nave already been funded and • construction or purchase completed. 8. Interim Junior High Facilities. In the event conditions of over- crowding in the District with respect to grades 74 then exist, Levis agrees that before applying to the City for issuance of building permits for residential dwellings within the scope of this Agreement it shall pay to the District two - ninths (2/9) of the Impaction Fee applicable to those dwellings, which fraction is agreed to be the amount allocable to grades 7 and 8; provided, however, that any such Impaction Fee payments shall be adjusted proportionally to the change, from the Effective Date of this Agreement to the most recent anniver- sary thereof, in the Marshall 6 Swift Quarterly Cost Index, 1926 - 100, for Class D Buildings in the Western District. Upon tender by Levis of such payment (or upon request if such payment is not applicable), the District shall issue a receipt for (or waiver of) payment and such letter or similar documentation as may be required by the City as a prerequisite to issuance of building permits. • 9. Interim Elementary Facilities. In the event the District receives funding allocations applicable to the TV -1 and /or TV -2 Schools pursu- ant to the Greene Program or any other source for site planning, feasibility studies, preparation of Construction documents, construction of school facilities, and /or any similar related pur- poses, Lewis shall be fully relieved of the corresponding obligations undertaken or required to be undertaken pursuant to this Agreement. Except as released from such obligation as provided by the preceding sentence, Lewis shall furnish interim school facilities at both the TV -1 and TV -2 School sites according to the following schedules, terms, and conditions: (a) Compatibility with Permanent School. Lewis and the Architect selected by the District (the "District Architect ") shall jointly cooperate to prepare a site plan, classroom elevation, and core • building elevation for the applicable interim school mutually acceptable to Lewis and thA District. It is intended that a t Rev. 091984 Y � Agreement Page 13 • substantial portion of the facilities required for each interim School will be located on the site of the future permanent school. Some of these improvements ( "reuseable improvements ") could potentially remain in place as part of the permanent school. It is a goal of the parties that all potentially reuse- able improvements be designed and constructed in such a manner as to be compatible with (though not necessarily identical to) the design of the permanent school which will be built on the site. Such facilities shall be designed, so far as is reasonable and practical, to be consistent and compatible with this goal. To the extent this objective is achieved, it is expected that Lewis can recoup or partially recoup the cost of such improvements when the site is subsequently purchased by the District or the State. Plans and designs for all potentially reuseable improvements shall be in conformity with the facility and cost guidelines of the Greene Program and the State Department of Education and • shall be prepared with the understanding that funding under that Program will be used to eventually acquire the permanent school site and any reuseable improvements which may have been con- structed in conjunction with implementing the interim school. These improvements may include permanent buildings if mutually agreed by the parties. If the District Architect determines that construction of any portion of the planned facilities an the permanent school site would cause the estimated costs of the permanent school to exceed anticipated Greene Program allowances, the District shall delete or defer sufficient improvements to bring costs within those allowances, or, alternately, may elect to require Lewis to construct such facilities in which event the cost of such work shalt be paid to Lewis in advance by the District prior to the start of construction. However, in the event the City requires construction of streets and road Improve- ments on the site in a manner which exceeds guidelines under the Greene Program, and in the further event title t0 the site has not passed to the District at the time of construction, such excess cost and expense shall be the responsibility of Lewis. The ra - Rev. 091901 v Agreement Page 14 site plan of Exhibit I has been designed so as to limit the economic loss to be sustained if Lewis is required to install • site improvements which will not be subsequently purchased by the District or the State at then- current fair market value, and the parties intend that the final approved plan shall not be more expensive, either in terms of use of land or of construction C. t. The parties further intend that the plans for each interim school will incorporate joint use of the adjoining park for school purposes. (b) Site Plans. Lewis shall loan to the District funds for site Planning work as provided in Section 6. Subject to the require- ments Of subsection 9(a), the site plan for the TV -1 interim school shall be in substantial conformance with Exhibit 1. Within six (6) months from the start of such site planning for the TV -2 interim school, a final site plan, acceptable to Lewis, Shall be submitted to the District for its approval, which approval shall be effected within sixty (60) days from the date • Of submittal and which may not be unreasonably withheld. (c) Construction Plans. within six (6) months after the mutual approval of the site plan for the TV -2 interim school, and within two (2) months after mutual approval of the site plan for the TV -1 interim school, and to the extent necessary by law. Lewis shall complete construction plans for the interim school, or the first phase thereof, and submit them to the Office of the State Architect ("OSA ") for approval. In the event that review of construction plans for either the TV -1 or TV -2 school by the District Architect is required by OSA prior to submittal, the District shall cooperate in making such application and /or authorizing such services and Lewis shall pay all costs incident thereto, to be reimbursed as may be allowed by law, (d) opening Date for TV -1 School. The planned opening date for the • TV -1 School shall be September, 1985. Such date may be adjusted by mutual agreement, and shp 11 be adjusted, if necessary, (1) so Rev, 091984 1l Agreement Page 15 • as to be no earlier than six (6) months following OSA's approval of construction plans; and (if) to be no earlier than the start of the next school quarter beginning more than ninety (90) days after the Estimated Students Generated in grades K -6 reaches the number three hundred (300). (e) Opening Date for TV -2 School. within six (6) conchs after submittal of plans for the TV -2 School to OSA, Lewis shall determine a proposed opening date for that school and shall submit that date to the District for its approval. Such date may later be adjusted by mutual agreement, and shall be adjusted, if necessary, so as to be no earlier than six (6) months following OSA's approval of construction plans. The parties intend that this opening date shall be established to be no later than the start of the next school quarter after occupancy of a number of homes in Terra Vista sufficient to generate a total of 840 K -6 students and no earlier than the start of the next school quarter . beginning more than ninety (90) days after the Estimated Students Generated in grades K -6 reaches the number six hundred ninety (690). (f) Start of Construction. No later than five (5) months prior to the projected opening date of the applicable school, Lewis shall commence construction of the site improvements needed at the time of opening of the school and, once begun, shall proceed diligently to completion. (g) Facilities to be Provided. Except as such obligations may be released as provided herein, and in accordance with the provisions of this Agreement, Lewis shall sake the applicable interim school available to the District configured as defined in this subsection and will be responsible for the cost and expense of all tests and inspections necessary to qualify such facility for use as an interim )chool; Rev. 091984 3, Agreement page 16 (i) Classrooms When the TV -1 School is initially made • available for use, Lewis shall provide a number of class- rooms equal to the cumulative Estimated Students Generated in grades 1 -6, divided by thirty (30). Thereafter Lewis shalt provide additional classrooms, from time to time, so that the total number of classrooms provided will be equal to the cumulative Estimated Students Generated in grades 1.6, divided by thirty (30), but not to exceed nineteen (19) classrooms in all. The required number of classrooms shall be rounded to the nearest whole number. The number of classrooms required at the TV -2 School shall Do computed in the same manner as in the preceding para- graph, except that the Estimated Students Generated shall be reduced by five hundred seventy (570), representing the number of Terra Vista students in grades 1 -6 which can be housed at the TV -1 School at its intended design capacity. • Each required classroom shall be provided at the respective school within ninety (90) days after the Estimated Students Generated reach the level which makes that classroom necessary. The classrooms to be provided will be relocatable or, at the option of Lewis. permanent, or partly relocatable and partly permanent, and will meet the applicable construction and handicapped access standards of OSA. Relocatable classrooms will appear substantially as shown on Exhibit J, attached hereto and will have substantially the features indicated in Exhibit A. attached hereto. (it) Core Buildings. "Core buildings" are defined as adminis- tration buildings, kindergarten roams, restrooms, library/ resource buildings, and serving kitchens. The square • footage allocated to core buildings at each of the Terra Vista interim Schools sues shall be In accordance with the y� l Rev. 091984 2 ; Agreement Page 17 • schedule established in Exhibit B, attached hereto, and Shall be provided in accordance with the phased schedule provided therein. All core buildings will be relocatable or, at the option of Lewis, permanent, or partly relocatable and partly perma- nent, and will meet the applicable construction and handi- capped access standards of OSA. Except as noted in Exhibit B, attached hereto, construction features of relo- catable core buildings shall be the Same as those for classrooms as shown in Exhibit A, attached hereto, Relocatable core buildings will include additional interior features appropriate for the Intended use, as generally described in Exhibit B, but core buildings other than restrooms shall not exceed, in Lewis' sole determination, the estimated cost per square foot of the classrooms described in Exhibit A by more than fifteen percent (15.). . The exterior appearance of core buildings will be similar in character to Exhibit J, attached hereto. (iii) Basic Site improvements. Subject to the requirements of subsection 9(a), Lewis will perform certain basic Site improvement work as specified in Exhibit C, attached hereto. (iv) Other School Facilities and Improvements. Subject to the requirements of subsection 9(a), Lewis shall provide certain other facilities and improvements as more fully described on Exhibit O, attached hereto, and in accordance with the phased schedule established therein. (v) Notice of Availability: Lewis shall notify the District when each building or other facility provided pursuant to this subsection is available for school use. The District shall not conduct school activities, or permit other activ- tties under Its control, in areas under construction or not yet designated by Lew as available for use. District Rev. 091984 Agreement Page 18 acknowledges that Lewis from time to time conduct • construction and related —. iyities on the site while school is in session, and Lewis agrees to reasonably attempt to minimize any resulting disruption of education activities. Lewis shall at all times have the right to construct or install facilities, fully or partially, sooner than required by this Agreement. (vi) Furniture and Equipment. Lewis will supply furniture and equipment for the classrooms and core buildings required pursuant to this Agreement at the time each such building is made available to the District. The budget formula and schedule for such furniture and equipment is included in Exhibit E. attached hereto. (vii) Additions by the District. In the event the District desires to add more capacity to the applicable school at any time, site improvements, core facilities, and up to three • classrooms or twenty percent (20%) of the number Lewis is required to provide pursuant to this Agreement, whichever is greater, may be added at the sole expense of the District. All such facilities added to the school shall be compatible with the existing facilities and the development plan for the school, and Lewis shall have the right to approve their location and design; such approval shall not be unreasonably withheld. The District shall give Lewis sixty (60) days' notice of its intention to add facilities to the site. 10. License for Use. The first day of occupancy of either the TV -1 or TV -2 School by the District, whether for purposes of an operating school or for any other purpose, is hereinafter referred to as the "Occupancy Date" for the respective school. At the Occupancy Date for each respective school, Lewis shall be deemed to have granted the District a license for use of the premises, thereby permitting the • District to use the school subject to the terms, conditions, and restrictions herein contained, Title to the site and facilities P0 1 Rev, 091981 1 Z Agreement Page 19 • furnished District pursuant to this Agreement will not be acquired by the herein. except as provided Such license shall never ripen Into any permanent right, interest, or title in the site or use thereof. (a) Risk of Loss. All risk of loss with respect to either the TV -1 or TV -2 interim school pursuant to this Agreement shall pass to the District as of the Occupancy Date. On the Occupancy Date the District shall assume all subsequent risk of damage to property or injury to persons in, upon, or about the sites from any cause other than Lewis' negligence, and District hereby waives all claims in respect thereof against Lewis. (b) Use License fee, The District shall pay a use license fee of One Dollar ($1) per year for each full year or partial year of use of the facilities until termination of the use license as in this Agreement provided or until school facilities funding applicable isto the site purchase and facilities construction is allocated to the District from the Greene Program or other state, federal, or local source, at which time the District shall purchase the site from Lewis and reimburse Lewis for other costs and expenses as more fully described and authorized herein and the use license shall terminate. (C) Operating Expenses. The District shall be responsible for, and Lewis shall have no obligations with respect to, the operating expenses of either the TV -1 or TV -2 School, including but not limited to all maintenance. repair, restoration, and utility costs of the site or the facilities furnished hereunder, so that the District's use of the site under the use license shall be analogous to what is commonly referred to as a "triple net" lease. In the event any or all of said facilities are not purchased but are returned to Lewis, for any reason, said facilities shall be returned in good condition, normal wear and tear excepted. District shall keep the property, including all improvements thereon, free f(om any liens arising out of any work t'% a Rev. 091984 4 Agreement page 20 performed, materials furnished, obligations incurred or taxes • unpaid. (d) Liability Insurance. District shall, at its expense, obtain and keep in force at all times subsequent to the Occupancy bate policies of comprehensive general liability insurance, including but not limited to products /completed operations and contractual, in a form and issued by an insurer acceptable to Lewis with limits totalling not less than Fifty Million and 00 /100 Dollars (SSO,000,000.00) combined single limit bodily injury and property damage. or such higher limit As District's current policy provides, insuring District as named Insured and Lewis as addi- tional insured against any and all liability with respect to the property described herein or arising out of the maintenance, use, or occupancy thereof. No such policy shall be cancellable or subject to reduction of coverage except after thirty (30) days' prior written notice to Lewis, and a certificate of insurance so stating shall be delivered to Lewis by District prior to first • occupancy of the site. Should District fail to obtain such insurance, or issuance of a binder therefor, or fail to renew it at least thirty (30) days prior to its expiration or cancella- tion, Lewis shall have the right to obtain comparable insurance at District's sole expense. (e) Other Insurance. District shall, at all times subsequent to the Occupancy Date, maintain a policy of all -risk property insurance, as well as a policy of earthquake and flood insurance, in a form and issued by an insurer acceptable to Lewis to the extent of full replacement value on the buildings, other improvements and furniture and equipment that are provided by Lewis hereunder. Said policy of all -risk property insurance shall be maintained at District's sole cost and shall name Lewis as additional insured. With regard to said policy of earthquake and flood insurance, both the premiums therefor and responsibility for any deductible • amount therefrom shall be borne equally by District and - and said policy shall name Lewis and District as insureds as r Rev. 091980 3 = '•_ Agreement Page 21 their interests appear, No such policy shall be cancellable or • subject to reduction of coverage except after thirty (30) days' prior written notice to Lewis, and a certificate of insurance so stating shall be delivered to Lewis by District prior to first occupancy of the site. Should District fail to obtain such insurance, or issuance of a binder therefor, or fail to renew it at least thirty (30) days prior to its expiration or cancella- tion, Lewis shall have the right to obtain comparable insurance at District's sole expense. (f) Priority of Coverage. All insurance policies required to be provided by District hereunder shall in every event be primary coverage and in no event be Contributory with insurance policies separately maintained by Lewis. (g) Subrogation Waiver. District grants to Lewis, on behalf of any insurer providing insurance to the parties hereunder, a waiver of • any right or subrogation which any such insurer may acquire against Lewis by virtue of payment of any loss under such insurance. (h) Restoration, if, at any time subsequent to the Occupancy Date, the site, care facilities, restrooms, classrooms, furniture, and /or equipment being used by the District pursuant to this Agreement are totally or partially destroyed by any cause, whether insured or not, District shall replace or restore such improvements to substantially the same condition as they were in Immediately before destruction. (i) Tenant Improvements. The District may, at its sole cost and expense, subject to the approval of Lewis, which shall not be unreasonably withheld, add improvements to the buildings or other facilities provided by Lewis hereunder, except that any such improvements required to be made by local, state, or federal statutes or regulations not in effect at the Occupancy Date may be made without obtaining such permission of Lewis. All such Rev. 091984 i 2 'e Agreement Page 22 improvements which constitute fixtures shall became the property of Lewis upon installation, except that the parties may agree. prior to installation of any given improvement, that such improvement shall not be considered a fixture for purposes of this Agreement. In the event that any improvements are removed by District, District shall, at its sole cost and expense, restore any damage done to the buildings or other facilities on the site in the course of installation or removal thereof. 11, Temporary Student Housing, In the event the District certifies to Lewis by board resolution that it does not have space available anywhere in the District to house Terra Vista students in grades 1 -6 or grade K, as applicable, generated from residential developments within the Scope of this Agreement: (a) prior to the opening of the TV -1 interim school; or (b) who are to be temporarily displaced from an interim Terra Vista • school then in use during permanent construction of either the TV -1 or TV -2 School, or (c) during the period of time which commences with the date the Estimated Students Generated in grades K -6 reach six hundred ninety (690) students, the normal design capacity of the TV -1 School, and which extends until the date the TV -2 School is available for use, then, in such event, Lewis shall provide trailer classrooms for such students to be used by the District until the opening of said school or until such student capacity is available elsewhere in the District, whichever occurs first. As used in this Agreement, "Trailer class. rooms" shall mean and refer to air conditioned double -wide classroom trailers approximately 20' x 52', leased and installed at the lowest rate available from suppliers in the general market area, which • generally w111 not include all the features listed in Exhibit A attached hereto. The number yf trailer classrooms required to be A 9rl Rev. 091984 7 f',> Agreement Page 23 • furnished pursuant to this Section shall not exceed the Estimated Students Generated less the student capacity of other facilities provided by Lewis hereunder, divided by thirty (30). rounded to the nearest whole number, and in the case of subdivisions (a) and (c) shall be provided no later than at the time of issuance of the first Certificate of Occupancy (excluding models) for each subdivision, or construction phase thereof, which will contribute to such problem. For each required trailer classroom, Lewis will bear the cost and expense of lease or rental payments, delivery, and set -up on a tempo- rary above -grade foundation. Lewis will also pay for subsequent disassembly and removal, unless the District chooSes to continue using the trailer after the period specified above, in which case the District will assume such costs. All Other necessary site preparation to accommodate these trailer classrooms will be provided by the District, except that Lewis Will pay for the actual cost not to exceed Five Hundred Dollars (1500) for extending utility services to each trailer. Lewis will also provide the use Of necessary furniture and • equipment for the required trailer classrooms (limited to desks, chairs, tables, storage, bookepace, and chalkboards) to the extent the District certifies it has no other means of providing same. 1Z. Use of Funding for TV Schools. As funds specifically allocable to either the TV•1 or TV -2 School site are received by the District from federal, state, or local funding sources, than such funds shall be applied as follows: (a) Design Reimbursement. First, the District shall reimburse Lewis for the principal amount, without interest, of: (1) any loans made by Lewis for site plans, construction plans, and related study, planning, and design activities for which Lewis would not otherwise be paid in connection with the purchase of the improved site, including architecture and engineering fees, and which are within the category of is expenses which can beauthori¢ed for reimbursement by said funding source, and / Rev. 091984 3s 4 Agreement Page 20 (2) any processing, checking, subdivision, or related fees • and /or exactions related to the school and charged by any level of goverwnt, which may have been paid by Lewis (whether paid directly or via loans to the District) and which are within the category of expenses which can be authorized for reimbursement by said funding source. (b) Site Purchase. Second, the District shall purchase the permanent school site at the then- current fair market value. The purchase price shall be determined by appraisal at the time of sale so as to give appropriate value to onsite and offsite improvements installed by Lewis including, if applicable, permanent struc- tures; determination of the purchase price shall be in accordance with applicable law and /or applicable regulations but Lewis reserves its right to contest such determination and to require the District to proceed in eminent domain. The purchase trans- action shalt take place promptly upon funding being allocated to the District by the funding agency, and the parties contemplate . an escrow of not more than thirty (30) days after notice of funding commitment has been received by the District. (c) Furniture and Equipment. Third, unless prohibited by law and /or applicable regulations, in the event Lewis elected to initially supply new furniture and equipment as requested by the District In accordance with Exhibit E. the District shall tender an offer to Lewis to purchase such furniture and equipment complement of that school at the then -fair market value or the maximum amount allowable under the guidelines of the funding source, whichever is the lesser. Lewis shall accept or reject said offer within thirty (30) days. (d) Buildings. Fourth, the District shall construct on the site a Permanent school designed to serve at least six hundred ninety (690) grade K -6 students. Upon first receipt by the District of • Phase III or construction funding, the use license £or the associated interim school 'hall terminate, and the District may Rev. 091984 ,? 7 Agreement Page 25 • enter into a lease agreement at an annual rate of One Dollar ($1) for a term extending for one (1) year thereafter or such further extension of time as may be reasonably required until construc- tion of permanent facilities at the site by the District is ' complete. Substantial completion of construction of the perma- nent school shall terminate said lease, whereupon Lewis shall have the right to remove its buildings and develop the temporary site for other uses. "Substantial Completion" as used herein shall mean the earlier of the issuance of a certificate of substantial completion of the buildings by the District Architect or first occupancy by the District thereof for any purpose. Should phased construction of the permanent school be unavoid- able, substantial completion of each phase thereof shall remove fron the lease the corresponding interim school buildings. In the event the District in its sole discretion so elects, it may tender an offer to purchase at the then - current fair market value any relocatable classroom and /or core facilities located at the • interim school. Lewis shall accept or reject said offer within thirty (30) days. Lewis shall have the right, at its discretion and at its expense, to conduct an audit of the financial records of the District during normal business hours and at the business office of the District for the purpose of determining compliance of the District with the re- quirements of this Agreement. 13. TV -1 Funded First. School facilities funding allocations available to the District from federal, state, or local sources which, pursuant to this Agreement, are applicable to the TV -1 or TV -2 Schools shall be allocated first to the TV -1 School until the District's obligations to Lewis related thereto have been fully satisfied, unless a different application of funds is agreed to in writing by the parties hereto, ® 14, funding Ineligibility. in the event state, federal, local, or any other funding for site acquisition and permanent school construction Is allocated to the District,, a pursuant to the terms of this Rev. 091904 1 �6- Agreement Page 26 Agreement said funding should be designated for either the TV -1 or • TV -2 School but by law, regulation, or the terms of such allocation the funding may not be applied to purchase said site as required by this Agreement, then: (a) the District shall utilize such funding for reimbursement to Lewis in the manner required by this Agreement so far as permit- ted by the regulations applicable to the funding source and shall apply the remainder to plan, design, and purchase a site from Lewis, and construct a permanent school within Terra Vista serving the same attendance area as the TV -1 or TV -2 site which could not be purchased, (b) Lewis shall be relieved of its executory obligations undertaken pursuant to this Agreement corresponding to said TV -1 or TV -2 School, and (c) when such school is Opened, then the District shall quitclaim or • otherwise release any right, title, or interest in the TV -1 and/ or TV -2 sites, and all improvements located thereon, including any license or leasehold interests arising out Of this Agreement. 1S, NO tic es. All notices and demands which may or are to be required or permitted to be given by either party to the Other hereunder shall be in writing. All notices and demands may be personally served or shall be sent by United States mail, postage prepaid, addressed to the address below designated or to such other place as a party may from time to time designate in a notice given in accordance with this paragraph. To Lewis: Lewis Nunes of California 1156 N. Mountain Avenue P. D, Box 670 Upland, CA 91785 Attention: General Counsel To District: Central School District • 9547 Foothill Boulevard Rancho Cucamonga, CA 91730 Attention: Oj strict Superintendent f �i Bev. 091986 ei Agreement Page 27 • 16. Successors and Assigns. The covenants and conditions herein contained apply to and bind the successors, administrators, and assigns of all the parties hereto according to the terms of this Section. District shall have no right of approval or disapproval of any sale or purchase of real property in Terra Vista. Notwithstanding the preceding sentence, Lewis shall have the right to assign or transfer its rights, duties, and obligations pursuant to this Agreement, or any portion thereof, to any person, firm, or corporation at any time during the term hereof subject to the prior written consent of the District, which consent will not be unreasonably withheld; provided, however, that the above restriction on transfer shall not apply to transfers between or among any business entities controlled, or with more than fifty percent (50%) capital interest awned, by any one or more Lewis business entities or any one or more of the Lewis family members. Any such assignment or transfer of duties or obligations wherein the transferee is approved by the District pursuant to this Section and expressly assumes the duties of Lewis hereunder shall relieve Lewis • from the duties so assumed. 17. Inability to Perform. This Agreement and the obligations of each party hereunder shall not be affected or impaired because either Lewis or the District is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such Inability or delay is caused by reason of war, civil insurrection or disturbance, strike, other labor troubles, nonavallability of materials or nonavailability at a reason. able price, fire, flood, other unusual weather, acts Of God, delays in receiving District, City, or State approvals required pursuant to this Agreement, or any other cause beyond the reasonable control of the Party so obligated to perform. 18. Attorneys- fegs. In the event of any action or proceeding brought by any party against any other under this Agreement. the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the presiding officer in such action or proceeding may adjudge reasonable t, Rev. 091984 Agreement Page 28 as attorneys' its. wnether or not the proceeding continues to • judgment. 19. Severability. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invali. date any other provision hereof and such other provision shall remain in full force and effect. 20. Sole Agreement. This Agreement, upon execution by the parties hereto, constitutes the sole and only agreement between the parties as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties. and /or representations, express or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties which are not expressly set forth herein; and if either party has attempted to make such covenants, warranties, and /or representations, promises or . prior agreements, the same are each superseded hereby and waived. 21. No Agency. The parties hereto are acting as independent entities and this Agreement shall not Constitute a partnership, agency, or other business relationship between or among then. 22. Suspension. In the event that any state or federal law or regulation enacted or adopted after the date of this Agreement, or other action of any governmental entity not under the control of the District, shall prevent or preclude compliance with any of the provisions hereof, such provisions shall be modified or suspended only to the extent and for the time necessary to achieve compliance with said law, regulation, or other governmental action, and the remafining provisions of this Agreement shall be in full force and effect; provided, how- ever, the contractual doctrines of impossibility and commercial frustration shall apply. Upon repeal of said law, regulation, or other governmental action or occurrence of other circumstances • removing the effect thereof upon this Agreement, the provisions hereto shall be restored to their full oliginal effect. ii Rev. 091984 Agreement Page 29 23. Default. In the event of alleged default or breach of ary terms or conditions of this Agreement the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. During any sun thirty-day (30-day) period the party charged may commence and there- after diligently proceed to cure such default, and in such event the party charged shall no longer be considered in default. in the event such breach or default is not cured, the non - defaulting party may enforce this Agreement by bringing an action in law or equity, and the parties agree that specific performance shall be an appropriate remedy to be sought. The parties specifically agree that Oistrict may not because of an alleged default or breach by Lewis refuse to issue letters or receipts to City as provided in Section 4 of this Agreement. The remedy for an alleged breach by Lewis shall be in accordance with compliance with this Section 23. 24. ]ncorporatinn of Exhibits. This Agreement includes Exhibits A through K, attached hereto, wnich are hereby made a part hereof by this reference. 25. Marginal Headings. The marginal headings are not a part of this Agreement and shall have no effect upon the construction or interore- tation of any part hereof. Rev A1g04 ,?�-4 Agreement Page 70 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of . the date first above written, "District" CENTRAL SCHOOL DISTRICT By: "Lewis" LEWIS HOMES OF CALIFORNIA, a generally partnership By: Aut nxe 5tr� L �- LEWIS DEVELOPMENT CO., a general partnership / AutnOHazea Agen JPW:KM:drh /91888 Rev. 491984 3(, By: WESTERN PROPERTIES, a general partnership By: 'Pull �} • w'w...r. ui orized gent P • • LX CAT A RELOCATAB E CLASSROOM FEATURES • C Classrooms will be modular, approximately thirty feet by thirty -two feet (30' x 32') in size (960 square feet), with a ceiling height of approximately nine feet (9'), and will have substantially the following features: Foundations: Foundations will consist of wood plates and wood cripples bearing on compacted earth, with concrete pier supports where modules bolt together. Structure: Classrooms will be all w000 construction, with wood girders, wood floor joints (or trusses, at Lewis' option), plywood floor sheathing, 2" x 4" wood studs, wood roof joists (or trusses, at Lewis' option) with four foot (41 roof overhang an front entry side, wood fascia boards, and Plywood roof sheathing. Exterior walls will be finished with plywood siding (T1 -11 or comparable texture), with 1" x 3" wood trim. Thermal and Moisture Protection: 1. Classrooms will be insulated with fiberglass insulation. R -11 at walls and R -19 at ceilings. 2. Classrooms will be roofed with a three -ply built -up Class A roof assembly of fiberglass- reinforced felts, covered with a fiberglass - reinforced cap sheet. Weight of the completed assembly will be approximately 197 pounds per square. 3. Flashings and other sheet metal work, including gutter and downspout at front entry and foundation vents, will be of 26 gauge galvanized steel, except that any sheet metal work at or below eight feet (8') above floor level shall be 11 gauge material. Rev. 091984 Page l of 4 EX A . RELOCATAB E CLAS CLASSROOM FEATURES (continued) Doors and Windows: 1. Each classroom will have a solid core wood door in a metal door frame, Door hardware will be lever - handle type, and locks shall be keyed alike to District's existing keying system. 2. Each classroom will have approximately forty -eight (48) square feet of window area, consisting of clear tempered float glass, 1/4" thick, set in fixed aluminum frame(s). Finishes: 1. All interior walls will be surfaced with 1/2" gypsum board. Two (2) Of these walls of each classroom will be painted (see item 3 below) and the other two (2) of these walls will be covered with tackbaard • (see Item 2 below), 2. Two (2) walls of each classroom will be finished with vinyl- covered tackboard. Tackboard will be 112" thick mineral fiber wallboard with its exposed surface and all edges covered with 22 oz. (per lineal yard) vinyl fabric. 3. All painting, exterior and interior, will be two- (2 -) coat work, with flat 100% acrylic latex materials, except as provided betty: a. Galvanized metal, if factor primed, one coat; if not precoated, etch and two (2) coats. b. Exterior semi- transparent stains (if any), one (1) ccit. C. Semi -gloss and /or gloss finishes, three (3) coats. C, J d. Natural finish cabinets, stain, seal, and two (2) coats lacquer or varnish. Rev. 091984 Page 2 of 4 �7 EXHIBIT A • RELOCATABLE CLASSROOM FEATURES (continued) Factory finish material will not be painted. 4. Ceilings will be suspended acoustic ceilings of 24" x 48 x 5 /8" lay -in tiles in 2' x 4' T -bar suspension systems with seismic provisions as required. S. Finish flooring will consist of Bigelow 21 -ounce "Campus" woven carpet, or equal, padded. over the entire floor of each classroom except for a six foot (6') wide by thirty -two foot (32') long area along the side of each classroom, where the cabinet occurs, which will be covered with 0.90 gauge sheet vinyl. Four inch (4 ") rubber base will be installed around the perimeter of each classroom. Miscellaneous: • 1. Each classroom will be equipped with twenty -four (24) lineal feet of thirty -six inch (36 ') high base cabinets, paint grade or prefinished, at Lewis' option, with 24" wide plastic laminate counter top and 6" high plastic laminate back splash. All cabinet and plastic laminate work will meet the requirements of the Woodwork Institute of California (W.I.C.) for "Custom" grade. 2. Each classroom will be fitted with a 30" x 18" stainless steel sink, installed in the base cabinet, and equipped with cold running water. Heating, Ventilating. and Air Conditioning: Each classroom will be equipped with one (1) 3 -ton wall- mounted "Bard" (or comparable) electric heat pump, with 4uctwork, not less than two (2) supply registers, and grilles as necessary. Each heat pump unit will be controlled by its awn thermostat; all thermostats in each "cluster," or group, of classrooms Will be controlled by a single time clack. Each unit will also be equipped with a two -haur bypass timer which overrides the time clock. 1A Rey, 091984 Page 3 of 4 r, EXHIBIT A . AELOCpTABEX BITSA00M FEATURES (continued) Li ghtino: Each classroom will be equipped with 2' x 4' four -lamp recessed fluorescent fixtures, suitable for lay -in installation in ceiling T -bar suspension system, in sufficient quantity to provide an illumination level of )0 -foot candles at desk height. Communications and Time Apparatus: Each classroom will be equipped with the following items: 1. Intercom and telephone meeting the State Fire Marshal fire phone requirements. 2. Individual wall- unted clock. v,r C� Rev. 091984 Page 4 of 4 3:9 EXHIBIT B CORE BUILDINGS Administration Building: Lewis shall provide an administration building approximately 1,920 square feet in area when the school is initially made available for use. A portion of the administration building may tem- porarily be used for library /resource activities. Features of the adminis- tration building will be Similar to those of classrooms, except that interior fixed or movable partitions and doors will be provided, tackboard will be provided in display areas, cabinet or shelf space may vary, and main equipment for the intercom, clock, and fire alarm systems will be included. Kindergarten RgemS: Lewis shall provide the first approximately 1,280 square foot kindergarten room when the school is initially made available for use, and a second when the twelfth (12th) classroom is required. Features will be the same As those of classrooms, with the addition of kindergarten restroom facilities and cabinet and countertop space increased • in proportion to the increase in site of the classroom. Restrogm Buildings: Lewis shall provide restroom buildings designed to comply with applicable code requirements for the Estimated Students Generated. It is tentatively planned that the first restroom building shall be provided when the school is initially made available for use, a Second when the ninth (9th) classroom is required, and a third when the seventeenth (17th) classroom is required; however, the number and phasing of restroom buildings may vary in the final design, so long as code re- quirements are met. Each student restroom area will contain boys' and girls' restroaa facil- ities as well as exterior drinking fountains. Construction features will be similar to those for classrooms, except that stalls will be added and lavatories, urinals, and toilets will be provided. Cabinets, countertops, chalkboards, and tackboard will be deleted, and operable or louvered windows will be substituted for air conditioning. All lavatories will have hot and cold running water, floors will be finished with sheet vinyl, and all wall surfaces will be finished with "frp" panels. Rev. 091984 Page I of 2 E %BUILT B • CORE BUILDINGS onn RIT Restroom facilities for adult staff will be provided either in the student restroom buildings or in other appropriate core buildings. Library /resource building: Lewis shall provide a library /resource building when the fifteenth (15th) classroom is required. Until that time, library/ resource functions will be housed in the administration building, or may be housed in an extra classroom or kindergarten roan if Lewis has chosen to make such a building available in advance of its being required under this Agreement. The library /resource building will be approximately 1,920 square feet in area. Features will be similar to those for classrooms except that interior partitions and doors will be provided, tackboard will be provided in display areas, no sink or chalkboards will be provided, and cabinet or shelf space may vary. . Serving Kitchen: Lewis shall provide a serving kitchen approximately 320 square feet in site when the fifteenth (15th) classroom is required. The serving kitchen will be equipped with counters, a triple stainless steel sink, hot and cold running water, and extra electrical outlets. It will be similar in construction to classrooms except that floors will be finished in sheet vinyl, tackboards and chalkboards will he deleted, all wall surfaces will be finished with "frp" panels, and pass - through window($) will be provided. Until the serving kitchen is provided, a temporary food service area will be provided ej sewhere. \111 • Rev. 091984 page 2 of 2 ?7 EXHIBIT C BASIC SITE IMPROVEMENTS Lewis will provide the following basic site improvements to the portion of the site required to be developed with classrooms, core buildings, or other school facilities to serve students generated within the Scope of this Agreement. Rev. 091904 Page 1 of 1 2 % a Clearing Rough grading and soil comp4ction Finish grading Retaining wall, at the option of Lewis (only if useable in the final permanent school is it likely Lewis will elect to construct such wall) Interim drainage facilities, as necessary utilities Water Fire system Sewer Electrical Gas Telephone Cable TV, if available Intercom Fire access lane Street improvements, Terra Vista Parkway (south half): Pavement Curb and gutter Sidewalk Street lights Parkway trees and landscape Utility nains Storm drtain / \�F Rev. 091904 Page 1 of 1 2 % a EXHIBIT 0 OTHER SCHOOL FACILITIES AND IMPROVEMENTS Lewis will provide the following other facilities and improvements, as generally depicted in Exhibit I, when the number of classrooms for grade 1 -6 students required pursuant to this Agreement has reached the number indicated. To facilitate economical development phasing, and /or to mini- mize disruption of education activities, any expansion of facilities listed in this Exhibit which is required by this Agreement after the initial opening of each respective school, may be completed up to ninety (90) days after provision of the associated classroom is required. Nardscape play area, 2,370 square feet per classroom, maximum 45,000 square feet: Blacktop, 6" concrete curb, striping Sand apparatus area, 790 sq. ft. per classroom, maximum 15,000 square feet: Sand (6" depth), 6" concrete curb Playground apparatus, $1,000.00 per classroom, maximum 519,000, plus • the percentage increase in the Greene Program construction cost Index Adjustment factor from the Effective Date of this Agreement to the date of purchase: As selected by the District, provided the total installed cost is within the above allowances. Large turf area, 4,050 square feet per classroom, maximum 77,000 square feet: Soil preparation, seeding with District's choice of grass and automatic irrigation Outdoor seating, 24 lineal feet per classroom, maximum 460 lineal feet: Approximately 255 at picnic table units (anchored), shaded by landscape netting over a wood frame; balance may be benches (anchored) and /or planters and /or picnic table units Parking lot, 3 spaces per classroom, maximum 75 spaces: Tmporary pavement (2" A/C over 4" base on native sail), 6" concrete curb . where necessary, 2" x 4" redwood header elsewhere, striping, temporary lighting s1 1 1� Rev. 091964 page 1 of 2 ?') 3 _ EXHIBIT 0 OTHER SCHOOL FACILITIES AND IMPROVEMENTS (Continued) In addition, Lewis will provide the following facilities, as generally depicted in Exhibit 1, on a phased basis as indicated below. • Kindergarten play area, 5,000 square feet per kindergarten roan. maximum 10,000 square feet: Combination harescape, turf, and /or sand with apparatus, as described above, substituting redwood header for curb where possible; chain link fencing Rain shelter, to be provided when school is initially made available for use: At bus waiting area and at administration building entrance only, maximum 1,000 square feet Courtyards, phased as necessary to serve classrooms or core buildings required pursuant to this Agreement: Landscape, pavement, or combination Walkways, phased as necessary to serve and connect all classrooms, core buildings, and other facilities required pursuant to this Agreement: Concrete or asphalt Site landscaping, phased as necessary for the portion of the site required to be developed with classrooms, core buildings, or other facilities pursuant to this Agreement: Modest planting and irrigation Fire alarm /clock /intercom system appurtenances, to meet Statt Fire Marshal requirements, phased as District Architect recommends: Outdoor speakers (0), fire bells (6), and fire alarm pull stations (6) Perimeter fencing, installed and /or relocated based on construction activities: Chain link Bike racks, installed as necessary to serve the Estimated Students Generated Tv T/ Rev. 091084 ` Page 2 of 2 ��y EX A E • FURNITURE AND BI EQUIPMENT Lewis will supply furniture and equipment for the classrooms and core buildings required pursuant to this Agreement on the following basis: When Lewis obtains building permits for a subdivision which will require provision of an additional classroom or core building(s), the District will compute the furniture and equipment budget for the new building(s) to be provided. The budget shall be the square footage times the allowance factor: Square footage is defined as the totally enclosed square footage (measured from the exterior rough wall Ii hes) of classroom, kindergarten, adminis- trative, kitchen, and library /resource space. The allowance factor is defined as SLOB times the Index Adjustment Factor for furniture and equip- ment established by the State Allocation Board for the Greene Program and which is current at the time such calculation is made. This index factor is currently 2.73 and is adjusted from time to time. 2. within thirty (30) days thereafter, the District Shall provide Lewis • with a detailed list of the furniture and equipment the District wishes to have provided within this budget. The list shall indicate current prices (including delivery charges, etc.) from at least three (3) suppliers and shall identify and describe the items in as much detail as my be requested by Lewis. The furniture and equipment requested for each classroom shall not exceed, in quantity or quality, the "Required Items" and "Preferred Types" thereof listed below. If Lewis provides new items of the brand and model indicated as the "Preferred Type ", or other new items deeaed equal thereto by the District, the District shall later offer to purchase said Items as provided by this �Alyreement. All dimensions given below are approxi- mat@. �, Cl Rev. 091984 Page I of 3 21,11— • EXHIBIT E FURNITURE PN2 EW IPMENT continue Required Items 42 Student chairs, la" and /or 16" 32 Student desks, adjustable height 1 Rectangular table, 36" x 72" 1 Kidney table, 48" x 72" 1 Teacher desk, 30" x 48" 2 Teacher /aide chairs, IB" i Storage cabinet, 72" x 36" x 12" 2 Bookcases, a8" x 36" x 12" 1 wall projection screen, 60" x 60" 1 Tape player, multiple -Sack 2 Chalkboards, 48" x 96" Preferred Type Virco 9000 Chrome Virco 785 Virco 4892 Virco 4962 Virco 545 Virco 9100 Chrome Holga 857224 Culver - Newlin SCN 4836 -12 Knox 100 /1060L Sharp 664 -AV Grant HD7 The composition of the furniture and equipment list for buildings other than classrooms shall be at the discretion of the District, • except that no item may be included that would not be routinely permitted as a furniture and equipment expense under the Greene Program, and the budget may not be exceeded. 3. Lewis shall approve or conditionally approve the list within thirty (30) days. Lewis may approve the list as submitted, may request additional bids, may designate other suppliers whose prices are lower, or may substitute comparable new or used items if available at a lesser cost. 4. Lewis will purchase the furniture and equipment and arrange for its delivery by the time the school building(s) Ware) scheduled for initial occupancy. However, if requested by Lewis, the District will perform the administrative tasks of receiving and installing the furniture and equipment in the designated buildings, and forwarding invoices to Lewis for paywenir. Rev. 091984 Page 2 of 3 E E • FURNITURE AtIN ED O IPMENT_ Tcont,nue In the event Lewis is able to effect savings below the costs projected by the District, or in the event of cost reductions after submittal by the District of its requirements, the District may not increase its list of furniture and equipment but shall be bound by its original submittal. c ws( e • 0 Rev. 091984 Pam 3 of 3 • • KI EXHIBIT F WENDED SCHOOL LOCATIONS TERRA VISTA PLANNED COMMUNITY LAND USE PLAN Y r= NC Y Y OF r M Y W Y W m w . I W W r W E Y W am M W r lY Y W \• LY P� ! a op ! \ 1/1 r W cc M r W r R M ar 1 wo MAC. XD C I -- w M roo O Owe„00 TV-IS HOOL V -2 SCHOOL YM� He, OE2AB< 3'�r EXH7817 G LEGAL DESCRIPTION Of TV-1 SITE 1 THAT PORTION OF SECTION 1, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BENNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY 1 RECORDED IN ODOR 32, PAGE 72, IN THE OFFICE OF THE COUNTY RECORD - 5 ER OF SAID COUNTY, DESCRIBED AS FOLLOWS: 7 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SPRUCE AVENUE 8 AND THE CENTERLINE OF TERM VISTA PARKWAY; THENCE ALONG THE CEN- 9 TERLINE OF TERM VISTA PARKWAY NORTH 77.22.36' EAST 1033.32 FEET, 10 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 11 CENTERLINE NORTH 77.22'36' EAST 181.99 FEET; THENCE LEAVING SAID 12 CENTERLINE SOUTH 12.37'21' EAST 755.91 FEET TO A POINT ON THE 13 PROPOSED NORTHERLY RIGRT -OF -NAY LINE OF MOUNTAIN VIEW DRIVE; 11 THENCE LEAVING SAID RIGHT- OF-WRY LINE SOUTH 01'13101" EAST 30.00 15 FEET TO A POINT ON THE PROPOSED CENTERLINE OF MOUNTAIN VIEW DRIVE, 16 SAID POINT BEING ON A NON - TANGENT CURVE. CONCAVE SOUTHERLY AND , 17 HAVING A RADIAL BEARING OF NORTH 01.13101' WEST AND A RADIUS OF 18 500.00 ; THENCE ALONG SAID CURVE AND SAID CENTERLINE WESTERLY 19 THROUGH A CENTRAL ANGLE OF 18'12.11', AN ARC DISTANCE OF 158.92 20 FEET; THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 67'01.18" 21 WEST 115.86 FEET; THENCE LEAVING SAID CENTERLINE NORTH 22 °55.12" 22 WEST 30.00 FEET TO A POINT ON THE PROPOSED NORTHERLY RIGHT -OF -WAY 23 LINE OF MOUNTAIN VIEW DRIVE; THENCE NORTH 210.01 FEET: THENCE 21 NORTH 05'50'31" WEST 609.20 FEET TO THE TRUE POINT OF BEGINNING. 31 SAID PARCEL CONTT INS 10.00 ACRES. J.N. I; 9/7/81 JBL /msc �'ev, 051084 A we -:4.--� " A y "151A PARKWA #tZ•"'4t'W som, PROPOSED girH001- 517'f t'd Fit tj rRAV) 3D oD• L /so e, ,aw AEpE AND AWOCIATES. INC. OF UPS BERMANDIAM COMITY US ". ftfi.� A�.. UK. IM U�ND. C�FOANJA 91IN WQAIE(1t4) 14'-2141 EXHIBIT N • LEGAL DESCRIPTION OF OF TV -2 SITE 1 THAT PORTION OF SECTION 1, TOWNSHIP I SOUTH, RANGE 7 NEST, SAN 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SUR- 4 VEY RECORDED IN BOOK 32, PAGE 72, IN THE OFFICE OF THE COMITY ,, RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS, 1 15 2 24 25 BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID CORNER BEING AT THE INTERSECTION OF THE CENTERLINE OF SURVEY OF FOOTHILS BOULEVARD AND THE CENTERLINE OF SURVEY OF HAVEN AVENUE; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION I AND SAID CENTERLINE OF FOOTHILL BOULEVARD, NORTH 89'51'05" EAST 4401.02 FEET TO THE CENTERLINE INTERSECTION WITH PROPOSED ELM AVENUE; THENCE LEAVING SAID CENTERLINE OF FOOTHILL BOULEVARD ALONG THE PROPOSED CENTER -, LINE OF ELM AVENUE NORTH 0'09'55" WEST 994.71 FEET TO A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL AN61,s 37-44121 ", AN ARC DISTANCE OF 329.34 FEET TO THE TAVE POINT BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 52.06'44" EAST; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE TKROUCe A CENTRAL ANGLE OF 32.17.20 ", AN ARC DISTANCE OF 281.77 FEET, THEM NORTH 70'10'36" NEST 74.30 FEET TO A TANGENT CURVE, CONCAVE SORT. EASTERLY, HAVING A RADIUS OF 800.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6.05'16" AN ARC DIS- TANCE OF 85.00 FEET, TO A POINT ON SAID CURVE, A RADIAL. LINE TO SAID POINT BEARS SOUTH 25.54'40^ NEST; THENCE LEAVING SAID CEN- TCPLINE AND SAID CURVE NORTH 197-9'24' EAST 935.00 FEET; THENCE SOUTH 70.10'36" EAST 433.00 FEET; THENCE SOUTH 73.30'00' NEST 395.00 FEET, THENCE SOUTH 23.45'00" WEST $00.05 FEET; THENCE SOUTH 52.06'44" NEST 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAIN f 9.006 ACRES ON: 126 -6445 `} 178764 Rev, 091084 I I 1NI SCALE � � •• LODE AREA • 1.009 AC. R. e'YJCC L., T•1LF Jr 70 b' - M eY.n.�. .eM ao' .'....... L. tdL�T' T. 44,19' 9URWY LINE Q PO HILL DOOLW RO .. sc,uTH LING mall. PROPOSED I gHOOL SITE W" any l .00' p•31'Me l' � R•GLb OJ' \ L• ?D X, T• I M' Y S U x � e Y ri "u Fi I W/C a DC. p1 PY � NItp t II IL g u b care. 404 /noT qtR R a I cm Tie m,,, ape. g x _� N e<' el' Oe' a C 4�4060E' �_1 9URWY LINE Q PO HILL DOOLW RO .. sc,uTH LING mall. PROPOSED I gHOOL SITE W" any l .00' • 0 I-V v ND DATE BV REMARKS nu.4 a hNrW�� 6.2044 JA" nn - rM te.r, 0tz 01 Ju L R0. LWro ORAWN J�u CHECKED • DATE 7 zc •G4 SCALE I' • °X'!i' �� .AB hID 04 Kid o p J • • V1 i EXHIBIT J CLASSROOM ELEVATIOM ' 1, u I�U � zAl 3 ;t,`i 7 Jt W n ?x[i3 T !ie ORAIM By KW L t DMYIYOS DRAWING MWO EXHIBIT K MASTER CERTIFICATION LETTER Central School District 9457 Footh411 Boulevard Rancho Cucamonga, CA 91730 (Date) TERRA VISTA PLANNED COMMUNITY MASTER LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following- described project: Developer; Lewis Homes of California, Lewis Development Co., and /or Western Properties Location /DescriPtion: All residential development projects to be built within that portion of the Terra Vista Planned Community lying within the presently existing boundaries of the dis- trict, more fully described as all of Section 1 of Township 1 South, Range 7 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. Number of Dwelling Units: Any which may be developed at the above - described location, currently estimated at, but not limited to, 4,629 single family and multifamily units plus possible additional affordable housing units developed as a result of density bonuses. • Anticipated Completion Date: 1994 -2004 Gentlemen: The Central School District hereby certifies that it will provide capacity for and educational services to all students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given in recognition of the fact that the developer and district have entered into the Terra Vista School Facilities Agreement. The commitment of this letter shall expire when all residential units to be built within the described area have been constructed. This Master Letter of Certification for School District Capacity shall be assignable, wholly or partially. by the developer. The developer has agreed that, when conditions of overcrowding with respect to grades 7 -8 exist. it will pay to the District two - ninths (219) of the Impaction Fee (defined in the Terra Vista School Facilities Agreement) for each residential dwelling unit to be built, Subject to satisfaction of that requirement with respect to those dwelling units and providing the City with proof of payment to District of the Impaction Fee for grades 7.8, you are hereby authorized to issue building permits at the developer's request at any time during the term of this certification. Sincerely, Frank A. Costs. Jr. Superintendent • "I/ Rev. 091984 v w " pjw -a -07 -11731 09 /I8 /ea RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO; LEWIS HOMES OF CALIFORNIA 1156 N. Mountain Avenue Poet office Box 670 Upland, CA 91785 -0670 ATTN: Legal Department TERRA VISTA PLANNED COMMUNITY DEVELOPMENT AGREEMENT NO. 2 This Terra Vista Planned Community Development Agreement No. 2 (the "Agreement" or the "Development Agree- ment`) is made the _ day of , 19_, by and between LEWIS HOMES OF CALIFORNIA, LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, each being general partnerships (collectively referred to as "Levis "), and the CITY OF . RANCHO CUCMONGA, a municipal corporation (the "City "). I , U RECITALS A. The existing boundaries of the Central School District of San Bernardino County (the "District ") include a portion of the 1300 acre Terra Vista Planned Community (the "Planned Community ") located within the City. The portion of the Planned Community lying within the District, and which is affected by the provisions of this Agreement, is more fully described in Exhibit A. attached hereto (the "Property ") and generally lies south of Base Line Road, west of the planned extension of Milliken Avenue, east of Raven Avenue and north of Foothill Boulevard. B. On the 16th day of February, 1983, the City adopted Ordinance No. 190, approving Planned Community Zone v ", • No. 01 -01. Ordinance No. 190 provided that development within the Planned Community would thereafter be "regulated by the adDpted Planned Community Text entitled Terra Vista and, in part, by the Rancho Cucamonga Zoning Ordinance." That teat shall hereinafter be referred to as the "Community Plan.' C. Lewis desires to sell or lease residential housing constructed or to be constructed on the Property. The District has informed the City that the capacity of public schools serving kindergarten through the eighth grade is presently inadequate to serve the additional pupils expected to be generated from the new homes. In order to assure adequate school Capacity to serve the Property, Lewis and the District have entered into an agreement (the 'School Agreement ") pursuant to which Lewis will provide temporary school facilities at school sites designated in the • Community Plan, but contingent upon obtaining an agreement by the City that the City will not prohibit, regulate, or constrain Lewis$ performance of the obligations undertaken. D. The City desires that Lewis and the District implement the School Agreement in order to mitigate the conditions of school overcrowding which presently exist, and so that development of the Planned Community may proceed. The City acknowledges that such an undertaking by Lewis and the District would provide significant public benefits by alleviating the threat of further student overcrowding, and should materially assist in avoiding any need for double School sessions, busing over extended distances, or similar undesirable mitigation measures, 2- 0 E. The School Agreement will provide for certain temporary school facilities within the Property which will be subject to review and approval by the District and various state agencies. Were the District to provide such facilities without participation by Lewis, existing law -cold exempt the planning, design, and construction from City controls and exactions. As an inducement to Levis to undertake the obligations of this Development Agreement and the School Agreement, the City desires to assure Lewis that the use and construction of relocatable structures, the review of planning, design, and construction details, a1d all regulatory matters related to the temporary school facilities on the Property shall be exempt from City control. P. The City desires to facilitate implementation of its General Plan and the Community Plan, and the elements of this Development Agreement are deemed to be major and important steps in furtherance of the comprehensive objectives contained within those Plans. The planning objectives which are advanced through this Development Agreement include the City's goals of: (al ensuring that conditions of school overcrowding are avoided during the development of the Planned Community, and (b) ensuring that development and the resulting financial benefits to the City are not delayed awaiting State funding for the construction Of new schools. G. Sections 65561- 65069.5 of the California Government Code (the "Development Agreement Authority -) Authorite the City to enter into binding real property development agreements with persons having legal of _1_ n u equitable interests in soon property. Lewis and the City desire to enter into a Development Agreement pursuant to the uevelopment Agreement Authority, and thereby remove all uncertainties related to the application of City rules, regulations and policies as they relate to development of school facilities pursuant to the School Agreement. The City and Lewis acknowledge that a Development Agreement is intended to define, among Wner things, "the permitted uses Of the property, the density or intensity of use, the maximum height and site of proposed buildings, and provisions for reservation or dedication of land for public purposes" (Government Code Section 65865.2). Dsas, densities, dedication and building constraints with respect to the school facilities are acknowledged to be exempt from City control, and With respect to the balance of the Property are not the subject of this Development Agreement • and are therefore not included herein. As between themselves, Lewis and the City intend to be contractually bound by the terms and conditions of this Development Agreement, intend it to be in compliance with all requr ements of law, and mutually valve any objections which might be raised contesting the applicability of the Development Agreement Authority. H. The City acknowledges that by electing to enter into contractual agreements such as this one, the obligations of which shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future Councils to the obliga- tions thereby undertaken. This Development Agreement shall limit the future exercise of certain governmental and _a- 3 (t'l • proprietary powers of the City and is intended to bind the Parties for its duration. By obligating the City pursuant to this Development Agreement, the City Council has elected to exercise certain governmental and proprietary powers at the time of entering into this Agreement, rather than deferring Its actions to some undetermined future date. I. The terms and conditions of this Development Agreement have undergone extensive review by the City and its Council, and have been found to be fair, just, and reasonable. The City has concluded that the economic interests of its citizens, and the public health, safety, and welfare will be best served by entering into this obligation. J. The City Council has found that this Agreement is consistent with the General Plan of the City and the . Community Plan of the Planned Community. R. On , 19_1 the City Council of Rancho Cucamonga adopted Ordinance No. _ (the wOrdinange ") approving this Agreement and authorizing the indetaigned Mayor and City Cie" to execute the same, and thereby bind the City in accordance with the provisions herein. is MATTERS OF AGREEMENT In consideration of the foregoing, the Parties agree as follows: 1. Term Of Agreement. This Agreement Shall be effective as of the Effective Date of City Ordinance No. L_ which adopt$ this Agreement (the "Effective Date "), and shall terminate when all residential units to be built in the Planned Community within the boundaries of the 7� _B_ -6- ,y • Property have been constructed, or thirty (30) years after the Effective Date, whichever is the later. 2. Covenant to Perform. Lewis agrees to mitigate the conditions of school overcrowding which result from residential development within the boundaries of the Property in the manner described in the School Agreement, as it may be amended from time to time. 3. Satisfaction of Fees and Exactions. With respect to present or future conditions of overcrowding, or any Similar School impaction problems, in grades kinder - garden through eight, the City agrees that: (a) The obligations undertaken by Lewis pursuant to this Agreement and the School Agreement shall be accepted in lieu of fees, dedications, assessments, taxes or any other exactions related to school overcrowding or any other aspect of school facility operation or development • related to or arising out of residential development within the boundaries of the Property and which are levied pursuant to the School Facilities Act (Goverment Code Section 65970, at seg.), of pursuant to any other provisions of state or local law or policy, whether in force at the Effective Date of this Agreement or adopted subsequent thereto, including without limiting the generality of the foregoing, all regulations or policies adopted by the City in the administration of Municipal Code Sections 16,21,010 It seer, and 17.01.070 at ewe . (b) All real property development projects in that portion of the Planned Community located within the boundaries of the Property are hereby exempted from any future moratorium, limitation on development, or other -6- ,y • -7- restriction or constraint imposed by the City for purposes of alleviating or mitigating school overcrowding or impaction. or for any other aspect of school facility operation or development. (c) The City shall accept, am evidence of full satisfaction of the obligations of Lewis pursuant to this Development Agreement, the School Agreement, and all City ordinances relating to school overcrowding, operation, or facility development, (i) a master certification letter from the District stating that Lewis has executed the School Agreement and has thereby undertaken a satisfactory program to mitigate any potential school overcrowding or impaction problem caused by residential development within the bound- aries of the Property, and (ii) in the event conditions of overcrowding in the District with respect to grades 7 -8 . nevertheless exist at the time of construction of a Partic- ular residential development project, evidence of payment by Lewis of two- ninths (2 /9ths) of the Impaction Fee (defined in the School Agreement) applicable to such project. Subse- quent to receipt of that master certification, and (when required as a result of such overcrowding) at the time Lewis presents evidence of the payment identified in the preceding sentence, the City shall issue any and all approvals and /or permits which may be applicable to residential development projects within the boundaries of the Property and to which Lewis may be entitled as a result of satisfying all other City requirements related thereto. 1. State Approvals Are Pre- emotive. In recognition of the fact that school facility development is a State agency responsibility, the Parties agree: (a( All plans, specifications, design and /or • construction documents related to any school facility within -7- F- 1 L the boundaries of the Property shall be reviewed and approved where required by the Office of the State Architect, the Department of Education, or any other applicable state level agency and all such plans, specifications, design and /or construction documents, as well as the construction of work of improvements resulting therefr ms, are and shall be exempt from any review, approval, inspection, or other processing by the City; provided, however, unless the District is the fee owner of the land at the time in question, the City shall retain design and development control for streets and roadways adjacent to school facilities within the boundaries of the Property, and Lewis shall be responsible for installing such streets and roadways in accordance with standards and specifications established by the City. (b) Any City fees, regulations, or other • exactions related to planning, zoning, subdivision, construction, installation of relocatable structures, or miscellaneous City services shall be waived with respect to design and development of the school facilities; provided, however, unless the District is the fee owner of the land at the time in question, Lewis shall pay the street improvement plan check and inspection fees for the construction of street and roadway improvements adjacent to the school facilities. a. No Covenant of Development. Lewis presently intends, but does not covenant, that the Planned Community will be developed on a schedule justified by market demand. The Parties agree that the City shall not require or attempt to require Lewis to begin development, or continue development once begun, of the Property or any other portion of the Planned Community. • -8- n u ii L_J -9- 7. Existing Law APplies. To the extent not superseded by the agreements and /or waivers herein contained, and except as may be specifically Provided herein to the contrary, this Development Agreement and the School Agreement shall be governed by the City's General Plan and the Community Plan, and any other standards, regulations and controls, as each may be in force as of the date of adoption of the Ordinance. 8. Relocatable Structures Approved. The School Agreement allows the construction and /or installation of wood frame or other relocatable structures at one or both school sites on the Property for use as temporary core and classroom buildings and the City hereby acknowledges and approves such intended construction, installation and use. 9. Notices. No notice, request, demand, or • instruction to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery) or delivered by mail, sent by registered or certified mail, return receipt requested, as follows: If to Lewis, to: Lewis Homes of California 1156 North Mountain Avenue P.O. Box 670 Upland, CA 91785 -0670 Attn: General Counsel if to City, to: City of Rancho Cucamonga 9320 -C Base Line Road P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: City Manager Notices so mailed shall be deemed to have been given 68 hours after the deposit of same in any United ii L_J -9- n u States Post office mailbox in the state to which the notice is addressed, or 72 hours after deposit in any such Post office Mailbox other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. The addresses and addressees, for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received. the last address and addressee stated by written notice, of provided herein if no such written notice of charge has been received, shall be deemed to continue in effect for all purposes hereunder. 10. Succeeao Is and Assigns. The covenants and conditions herein contained apply to and bind the successors and assigns of the parties hereto. Lewis shall have the right to sell, assign, or transfer its rights, duties and • obligations pursuant to this Agreement, or any portion thereof, to any person, firm, or corporation at any time during the term hereof subject to the prior written consent of the City, which consent will not be unreasonably withheld; provided, however, that the above restriction on transfer shall not apply to transfer$ between or among any business entities controlled, or with more than fifty percent (50%) capital interest owned, by any One or more Levis business entity or any one or more of the Lewis family members. Any each sale, assignment, or transfer of rights, duties, or obligations wherein the transferee shall have been approved by the City pursuant to this paragraph and expressly ass uses the duties of Levis hereunder shall relieve Lewis from the duties so assumed. It is expressly agreed the City shall have no right of approval or disapproval of any sale or purchase of real property within • -10- 34 ' • " .iV -11- the boundaries of the Property or any other portion of the Planned community. 11'. Inability to Perform School Agreement. This Agreement, and the obligations of each party hereunder, shall not be affected oc impaired because Lewis or the District are unable to fulfill any of the respective obliga- tions under the School Agreement, or are delayed in doing so, if much inability oc delay is caused by reason of war, civil insurrection or disturbance, strike, other labor troubles, nonavailability of materials or nonava inability at a reasonable price, fire, flood, other unusual weather, acts of God, delays in receiving District, City, or Stara approvals required pursuant to the School Agreement, or any other cause beyond the reasonable control of the patty unable to perform. • 12. Miscellaneous Provisions. 12.1 AttocneYs' Pees. Should any party hereto bring any action against any other party related in any way to this Development Agreement, its validity, enforceability, scope or subject matter, or to the covenants made or releases given herein, the prevailing party or parties shall be awarded its or their actual attorneys' fees and costa incurred for prosecution, defense, consultation or advice in connection with such action. The attorneys` fee award shall fully reimburse the prevailing party or parties for all attorneys' fees incuc[ed in good faith and shall not be reduced below the actual amount of fees incurred for any reason, including but not limited to the amount of judgment sought or received, oc by any court schedule for attorneys' fees. • " .iV -11- -12- -7 12.2 No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Development Agreement nor shall it be considered a waiver by such party of any other covenant, condition or promise hereunder. The exercise of any remedy provided by law shall not exclude other consistent remedies unless they are expressly excluded. 12.3 Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for convenience only and not intended to fully describe or define the provisions in the portions of this Agreement to which they pertain. 13. Subordination of Interest. The parties agree that this Agreement shall be subordinate to the interest of any lender providing construction or permanent financing for any improvements in the Planned Community, and moreover • shall not encumber any land to be developed as a non- residential subdivision. No provision hereof shall defeat, render invalid, or limit any mortgage, deed of trust, or similar security interest applicable to any improvement or development upon the Planned Community, and the parties agree to negotiate in good faith to modify any of the provisions of this Development Agreement based on reasonable requests by the other party, lending institutions, title companies, bond counsel or similarly interested persons. la. Certificate of Compliance. At the time Lewis Pay. for building permits for any work of improvement within the boundaries of the Property, and upon written request, the City will issue, in a form suitable for recordation, a Certificate of Compliance with respect to the real property -12- -7 -13- to be so improved. In addition, the City shall issue a Certificate of Compliance at the time of recordation of this Development Agreement, and upon request by Lewis, applicable to each property in the Planned Community for which building permits have been issued prior to such date. The Certifi- cate of Compliance shall constitute, and shall so state, conclusive determination of satisfactory completion of the requirements of this Agreement with respect to the property to which it relate.. After issuance of such Certificate of Compliance, any party then owning or thereafter purchasing, leasing, or otherwise acquiring any interests in said property shall not incur any obligation or liability under this Agreement. 15. No Agency. The parties hereto are acting as independent entitles and this Agreement shall not constitute • a partnership, agency, or other business relationship between or among them. 16. Annual Review. The City shall review this Development Agreement at least once during every twelve- month (13- month) period following the Effective Date, in accordance with Government Code Section 65865.1. During each periodic review by the City, Lewis shall be required to demonstrate, and hereby agrees to furnish, such evidence of good faith compliance with the terms hereof and with the School Agreement as the City may reasonably require. 17. Period to Cure Default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (10) days' notice, in writing, specifying the nature of the alleged default and -13- the manner in which such default may be satisfactorily cured. During any such thirty -day (30 -day) period, the party charged may commence and thereafter diligently proceed to cure such defult Ind, in such event, the party charged shall no longer be considered in default. Is. Suspension and Severability. In the event that any state or federal law, regulation, or other govern- mental action enacted or adopted after the date of this Development Agreement, shall prevent or preclude compliance with any of the provisions hereof, such provisions shall be modified or suspended during the effective period of such action only to the extent and for the time necessary to achieve compliance therewith, and the remaining provisions of this Development Agreement shall be in full force and effect. Any provision of this Development Agreement which shall prove to be invalid, void, or illegal shall not • affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect to the extent allowed by law. 19. Recitals Incorporated. The Recitals to this Agreement are Incorporated herein and by this reference made a part. 20. Recordation. This Agreement, or a memorandum thereof, in a form acceptable to the Parties, shall be recorded by the City in the Official Records of the County of San Bernardino, State of California, within 30 days after the Effective Date. pl. Limitation on Applicability. Except a to matters expressly provided for herein or constrained by other Development Agreements, and notwithstanding the -11- • 3.; 0 • E provisions of Government Code Section 65866, all rules and regulations and official policies governing permitted uses of land as well as design, improvement, and construction standards or specifications applicable to the Planned Community are subject to change by the City in the manner otherwise provided by law. IN FITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. 'LEWIS' LEWIS HOMES OF CALIFORNIA, a general partnership 1156 H. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 WESTERN PROPERTIES, a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 By: By: Authorized Agent Authorized Agent LEWIS DEVELOPMENT CO., a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 By: Authorized Agent 'CITY' CITY OF RANCHO CUCAMONGA, ATTEST: a municipal corporation 9730 -C Base Line Road P. 0. Box 007 Rancho Cucamonga, CA 91730 By: By Mayor City Clerk . ,0 J -Is- r• u r1 L J r,*I TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT October 17, 1984 City Manager and City Council Robert A. Rizzo Assistant to City Manager c�;CAA+% M', a 197 Advisory Commission's Recommended Modification to Ordinance 87 -A The Advisory Commission at its regular meeting in September prepared a recommendation for the City Council to consider two modifications to the Ordinance which created the Commission (87, 87 -A). First, presently the terms of office are two (2) years. Thus, every year approximately half the commission is potentially considered for appointment. The commission has suggested this be changed to staggered three (3) year terms. This would provide that one -third (1/3) of the commission would be considered for appointment each year, and would allow for greater continuity within the Commission. Moreover, the Commission is suggesting the staggered terms be implemented by utilizing a "blind draw of lots" to determine the first set of terms, (i.e., five members would draw one year terms, five - 2 year terms, and five - 3 year terms to "kick -off" the new system). Below is the current language in Ordinance 87 -A regarding terms of office and the commission proposed modified language. Current language: "Sec_ 2_28.040. M,embership--Terms of Appointment. All terms shall be for two (2) years. If a vacancy shall occur, other than by expiration of term of office, it shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. Any member appointed to a four (4) year term prior to the 1983 amendment to this section may serve out the remainder of such four (4) year term." Proposed wditied language: All terms shall be for three (3) years, which provides that one- third (1/3) of the Advisory Commission shall be considered for appointment each year. Implementation of the staggered term system shall be determined via a "blind draw of lots." October 17, 1984 Modification to Ordinance 87 -A Page 2 • Second, the Commission is requesting the City Council consider changing the term of office for the chairperson. (Presently, the chairperson serves from January 1 through December 31). This Commission would suggest this be changed to September 1 thru August 31, which would allow the chairperson to serve for ten consecutive meetings. With the current situation, the chairperson serves for six meetings, then a one or two month recess, and then finishing with four meetings. This move is also anticipated to add more continuity within the Commission. Below is the current language in Ordinace 87 -B regarding the chairperson position, and the commission proposed modifying language. Current lanes s "Sec. 2.28.070. Officers. A. The Advisory Commission shall selct a chairperson to preside at all meetings of the commission, The term of the chairperson shall be one (1) year, commencing on January 1 of each year. The chairperson may be removed by majority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chairperson is removed prior to the expiration of his or her term, the Advisory Commission shall forthwith appoint a successor to serve the balance of the unexpired term." • Proposed language: A. The Advisory Commission shall select a chairperson to preside at all meetings of the commission. The term of the chairperson shall be one (1) year, commencing on September 1 of each year. The chairperson may be removed by majority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chairperson is removed prior to the expiration of his or her term, the Advisory Commission shall forthwith appoint a successor to serve the balance of the unexpired term." If you have any questions regarding this matter, feel free to contact me. Attachments: Ord. 87 A 87 -A 4. , '— • ORDINANCE NO, 37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CREATING AN ADVISORY COMISSION TO ACT IN AN ADVISORY CAPACITY TO THE CITY COLNCIL AND PLANNING COMMISSION. The City Council of the City of Rancho Cucamonga, California, does oraain as follows: SECTION 1: There is hereby created and established in the city an Advisory Commission. Role of Advisory Ccmoission SECTION 2: The Rancho Cucamonga Advisory Commission shall act in an advisory capacity to the City Council and Planning Commission on coomunity Issues and perform such ocher advisory functions as may be delegated to the Advisory Commission from time to time by the Planning Commission or City Council. Advfeory Commission Membership SECTION 3: The Advisory Committee shall consist of a total of fifteen (15) members with five (5) appointed from each of the three (3) geographic areas designated by tip code in the City of Rancho Cucamonga, namely Alta Lome (91701), Cucamonga (91730), and Etiwanda (91739). Members of the Advisory Commission shall be residents of Rancho Cucamonga and • shall be appointed by the City Council, The Mayor shall submit to the Council the name of any person proposed for appointment to the Advisory Commission and upon such appointment by the Council, the name of the appointee shall be recorded in the minutes of the Council meeting. Terms of Appointment SECTION 4: The fifteen (15) members of the Advisory Commission initially appointed shall demermine the length of their terns by lot. Thereafter all terms shall be for four (4) years. Three (3) members from each of the three subcommittees (Alta Loma), (Cucamonga), and (Etiwanda) shall serve a term of four (4) years and shall continue until their respective terms expire unless sooner removed as provided in this Ordinance. Two (2) members from each of the three (3) subcommittees shall serve a term of two (2) years and shall continue in office until their respective terms expire unless sooner removed as Provided in this ordinance. If a vacancy shall occur, other than by expiration of the term of office, is shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. Removal of Members SECTION 5: Any member of the Advisory Commission may be removed at any time by a majority vote of the City Council. In addition, the Advisory Comm SssLon may recommend cc the City Council removal of anv member of the Advisory Comniaalon who has violated any meeting attendance policies that may be established by resolution. LRegular Meetings SECTION 6: The dates upon which and the hour and place at which anv regular meeting shall be held shall be fixed by resolution or minute action of the City Council, Officers SECTION 7: Each subcoamUtee of the Advisory Commission shall select a chairperson to preside at regular meetings on a monthly rotating basis. Minutes SECTION 8: The Secretary of the Commis an shall cause the mina tes of regular, adjourned regular, and special meetings t be kept; and shalt, as soon as possible after each meeting, cause a copy of the minutes to be forwarded Co each member of the Commission and to the City Clerk, The Qty Clerk or designee will serve as secretary for the Advisory Commission. SECTION 9: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in ➢:e Dai lv 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 17th day of October, 1979. AYES: Schlosser, Mlkels, Palombo, Bridge, Frost NOES: Mane ABSENT: Mane ATTEST: City Clerk 6*'L� i • OL ORDINANCE NO. 87 -A • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA_ CAL:FORNIA, AMENDING SECTIONS 2.228,040 AND 2.28.079 �• : -? RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO TERMS IF APPC :NTY.ENT OF ADVISORY COMMISSION MEMBERS AND CFFICERS. The City Council of the City of Ranc. ^.o Cucamonga does ordain as follows: SECTION Section 2.28.40 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Sec. 2.28.040. Membership -- Terns of Aptointment. "All terms shall be for two (2) years. -f a vacancy shall occur, other than by expiration of term of office, it shall be filled by appointment by the Mayor with the approval of the council for the unexpired *term. Any member appointed to a four ;0) year tern prior to the 1983 amend ant to this section may serve out the remainder of sic.`. four (4) year term." SECT_') 2: Section 2.28.070 of the Rancho Cucamonga Munic C]al Code is hereby amended to read as follows: "Sec. 2.28.770. rficera. I "A. The Advisory Commission shall select s Chairperson to are91.'.e at all meetings Of the COrnitsi.n. The term or the • chairperson stall be one ( 1 ) year, commending -" Car. :ary 1 c. each year. The chairperson he • may r malcrity Vote of the entire Advisory Cemmiasion, taken at any regular testing thereof. .n the event a chairperson is removed prior to the expiration or his or her term, the Advisory C000cissicn shat fortiwith app ^oir.t a successor to serve the balance of the unexpired term." SECT N 1: The Mayor $hall sign tn;s '., inance and tile City ^ ,,k snal: attest t0 'he Jame, and the City Ciarx sta._ cal case the same t0 be -is "ed within fifteen (15) days after its passage, at least ^..^,ce in The :ails Fecort, a newspaper of general circulaticn ;'d iscatl in the Citv cf Ontario, California, and circulated in the .City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this Bt•, day of April., 1983. AYES: Dahl, Bupuet, Schlosser, Frost, Mikels NOES: None ABS -ENT: None l .. Jon D. Mikeia, Mayor ATTEST: _auren M. 'aaaaerman, C1Cy Clerk • 9 CITY OF RANCHO CUCAMONGA STAFF REPORT October 17, 1984 TO: City Council and City Manager FROM: Robert A. Rizzo Assistant to City Manager SUBJECT: Matter of Expired Advisory Commission Terms During September, 1984, seven (7) Advisory Commission terms expired, and one commissioner resigned. The following commission seats are vacant: Alta Loma Cucamonga Etiwanda Sally Riehn Paul Saldana Neil Westlotorn Pam Henry (moved to PDC) Peter Pitassi (moved to PDC) Jim Banks Livia Vallance (moved to PDC) Nacho Gracia (resigned) Each of the commissioners were notified in writing by the Mayor that their term of office was expiring, and asked if they would he interested in being considered for an additional term. Four of these commissioners (Riehn. Saldana, Westlotorn, and Banks) have indicated they would like to be considered for reappointment (see attached letters), while the other four have either moved to the Park Development Commission or resigned. As a matter of record the following is the attendance records (during the past two years) for the four wishing to be reappointed. Banks 91% (19 of 21 meetings) Riehn 81% (17 of 21 meetings) Saldana 76% (16 of 21 meetings) Westlotorn 43% ( 9 of 21 meetings) Additionally, a letter was sent to all recent (within the past two years) applicants for various city commissions and committees notifying them there were openings on the Advisory Commission. Listed below are the names of persons interested in serving on the Advisory Commission. (Attached are their applications). Continued..... cif. October 17, 1984 Advisory Commission Expired Terms Page 2 Alta Loma Ulla Bauers James Hampton Grace Jones John Dunlap Bruce Ann Hahn James Campbell Philip Yenovkian James Bookhout Cucamonga Charles Bergson Jefferson Hill Sr. Ray McIlvain Jr. Etiwanda None to date There are seven (7) seats open for consideration by the City Council, (terms are as follows). Alta Loma Three 3 - 11/84 -11/86 Cucamonga Three 1 - 11/84 - 11/85* 2 - 11/84 -11/86 * Unexpired term of Nacho Gracia. Etiwanda Two 2 - 11/84 -11/86 0 • • ��us(otir. C RANCHO CUCAMONGA CITY OF RANCHO CUCAMOR(U�I ='T'- WN • z I �`x.�� _ New•Jnn D. Nikels SEP 19 f MA PH rC z CharksJ. Ru9uel11 Ieffres l:iaZ Z181911RIll1�i1)213(41516 airhard )I. Ilahl I'amela.l. lt'n¢ht Sept. 15, 1984 CITIZEN'S APPLICATION TO SgnVR ON Citizens' Advisory Committee NAME (P:r. ) Ulla E. :.auers ADDRESS 8357 Bella Vista, Alta Loma PHONE 9,37 3382 OCCUPATION Retired Social Studies Instructor EDUCATION: (list highest year completed and all degrees) ,31, MA, plus 50 add.tional units of graduate work in economics, law, govel-Went, + ' t 2G correspondence courses as a Naval Officer, inclmding Industria: 4k4tiywjMay evenings you could not meet? I£ so, please list • No I have always been involved in Why are you interested in this position? R anni g and decision making in all of my avocational and vocational endeavors. I believe all continue to make contrib::tions to the well being of my community What do you consider to be your major qualifications? (1) Yesire to servo (2) I am completely independent and beholden to no special in- terest except the citizenry at large(3) I have the edueatlonal worker in every phase of my careers. REFERENCES: I. Mike Dirksen, ;�uperigent, Chaffey Joint Union nigh District. 2• Lauren WAg-+arm n City Niger 3• judgP a ones Cram r, gn aernardino Municipal Court. Former Assemblyman and District Attorney 4. Bob Rizzo, A ^sistant City NarigFer Please attach a written statement containing any additional information you feel would be useful to the City Council. (RC Form E) 9370 RASELINE ROAD. SUITE C • POSTOFFICE RO %807. RA. N(' RD ('1'('AMON(iA.('ALIFORNIA91710. (114)989.1851 C Addendum to Citizen's Application to Serve on Citizen's Advisory ogee. Applicant: Ulla E. Bauers 1 -I originally opposed incorporation of Rancho Cucamonga because I oould 0 no great benefit to the area into which I had moved (Alta Loma) in 1975, in hopes that it would remain free of the political chicanery and ill advised decisions that brought about the decline of the City of Pomona in which I had lived for 13-years. However, the incoprpdration is a fait x � ccom li. Aside from the need oo maintain the low density character — oi Alta Loma, the need to improve its park facilities and possibilj' the landscaping of arterials, the character of Alta Loma is fairly well set. And while there still needs to be special representation for -lta L ma in the spirit of the original Advisory Committee a greater need is to bring the three areas of Rancho Cucamonga together. 2 -I pr -fer to bring to the Advisory Committee rational and logical decisions. s" 3 -There is a erceiyed ( that word should be emphasized)Athat the Dower structbrPof e i y consists of the deselopers, the Chamber of Commerce and the commerical interests along 19th and 16th street. As a citizen beholden to done of those interests I should be able to speak for the general public as a whole. 4 -My capabilities may be indidated by my personal history. (a) In the military I enlisted as an apprentice seaman but on retirement from the Naval Reserve had attained the rank of full Commander. During my 3(: years of active and °eserve service I held four commands, the last being Group Commander in charge of all Res -rve activities from (roughly'Kellog Hill to Rancho Cucamonga, from th• Chino Hills to Mt. Baldy. (b) As a newspaper man I was advanced to an editorship 6 months after taking my first dob and was a managing editor (or in that general category) or executive eddtor from then on, working on daily paper:; in California, Cregon, Washington and Los Angeles. (c) As an edicator I was Chairman of the District 4eacherE' Association, Chairman of Chaffey nigh Task Force on Grading and Grouping, Chairman of the Local Curriculum Steering Committee, Chairman of the District Curriculum Steering CommitteU, Chairman of the District Competencies Task Force, Subcommittee Chairman of two Graduation Requirements Task Forces and a member of other committees, too nUMYerous to mention, generally havin. to do with setting or advising on general educational policy. (d) I retired from teaching in 1973 after 25 years' service. I have taught or substituted in all schools in Chaffey District, in Middle Schools and High School in Clarement and Pomona, In a school for mentally retarded, in a continuation school and for one year on the college level through the extension division of theUniversity of Oregon. (e) I servidfor one year as executive editor for a new publishing company and for the last month as its general manager. (By that • time, unfortunately, I saw that it was not going to survive and left.) It went bankrupt less than a year later. 5 -If selected I expect to attend all meetings regularly and in addition will be a regular attendant at the Council Meetings. 'o GVGb10.I. �C CI 1 C i > Y t-� �i U' 1977 n LJ E CITY OF RANCHO CUCAMONGA CITIZEN'S APPLICATION TO SERVE ON: Rancho Cucamonga Advisory Commission Junes E. Harpton ADDRESS 10345 Sbnte Vista Street, Alta Loma, CA 91701 PHONE 987 -6645 OCCUPATION Division 1h1I'r. Best Pomona, Inc. Division of Best Disposal, Inc. EDUCATION: (list highest year completed and all degrees) Third year college. AA equivalent Are there any workday evenings you could not meet? If so, please if st. Tuesday or Wednesday Why are you interested in this position? aspects of the City for several years, I have beE of life enjoyed here. I could like to have our Ci quality o live and work What do you consider to be your major qualifications? I think I would bring a proven quality of leadership to the commission. I have served in various capacities on several carmittees for organizations including: President, West rn ys an ,tr s esi nt, Liorvs C ub; ChaIk". Ambassaclor Corps for R. C. Chamber of Commerce; and President Elect, R. C. Chamber of Commerce. REFERENCES: 1. Dr. Samuel Ferguson, Chaffey College President 2, Dave Kiedrowski. Baseline Hardward, owner _ 3, Z "I ?;indra:.., Yirdr.ut a. s L.;. -�cdacts, Droner _ Please attach a written statement containing any additional infor- mation you feel would be useful to the City Councill,E 0 s; � V 3 2 aff OF RANCHO CUCAMONGA ADMINISTRATION SEP V i{ 7 i9i�n�pll M6FI 1 POST OFFICE ROY 807 • RANCIIOCCC A.MONCA,CALIFORAIA91730 • (710989d8S1 I .) GCG NO f CITY OF RANCHO CUCAMOppNCHO Cll AY MA v.rw Jon O. Mikele ADMINISTRATION • } f w,Mmkn $Ep 20 M4 L CW1,, J. Buquet II James C. Frost M Rkh dN. 001 Phillip O. S61.mar 19i] CITIZEN`S APPLICATION TO SERVE ADDRESS I PRONE OCCUPATION ' EDUCATION: (list highest year comple - -d and all degrees) Are there any workday evenings you could not meet? If so, please list Why are you interested in this position? ' What do you consider to be your major qualifications? 1. 2. - 3. Please attach a written statement containing any additional information you feel would be useful to the City Council. RC -(I) P320 BASELINE ROAD, SUITE C e POST OFFICE BOX 607 • RANCHO CUCAMONGA. CALIFORNIA 81730 • 171419!94841 l J • k j?auJ CITY OF RANCHO CUCAMONGA G \ti9 HDN'd NIETH: TVON r CITY OF RANCHO CUCAMOI�Y40 W A\ \= „hylh v.ro.Jan D.)like6 AM I'm 7A9001ll1121 A3141516 C Charles J. Buquet II James G Frnet Richard N. Dahl Phillip D. Schloaser f /i. /. CITIZEN'S APPLICATION TO SERVE ON `JAMS _ �C �lrl l� 17D•r /i0 ADDRESS E7>> :n APt' PHONE__;L/y '/,i77-//7/ OCCUPATION ,sir 4on l'Iy ��= „p /•tt /;rrn., /•%�% , EDUCATICN: (list highest year completed and all degrees) //l d . ...ri..rlr,>e fi /Ks(151AI "- 'k e, /r: / / /'q=J�, �/i LL! /i /� =/ 7J r. 'I =rS .. /Crl:'r!'C ./l /" LG,�� = /�•� Lac Cyr/ �� /: L!, I'Y/ ♦\'t J// /,rr< /r. /. � far Olfr /"!j Are '.here any workday evenings you could not meet? If so, please list • 'ny are you interested in this position? y- q.r1 &I e N!�Yr {r5G /YI v lcr,:l .ALFA ti Ji,t% . J "•/ /LrJt /= ='J°L/ ••l .7rK'� _,!•. le / /c'rr J'l., . Jl: C uC NN /(.,, .1 .I Jr Yn „r C. rrtr'l el L'e, f /h[ what do you consider to be your major qualifications? /0, rc /. r.., %a n•� = Lr.,L/ 1/r JL nl.n �::, fv „/ •t "+ "r,,. l,,t i ✓I(qr S Sh_/ h.r. <' Lr 'cl r'/ (at Y/E.K� r' A( /r,� /{. •?SI.Mq 'I.v .rr7r Lam,; /E`..RENCES.rKr /sr r /� /%r /!l nNn ErL.S �C.'Y. 2C rn,p =Y:a y /CI /Lml= .•i•r 5/C lrh c 1. % + /rrr-1 •� /,/ /`✓ )LL' .. S' HY<' ,y l{. %i n4, �:r - 27i(. 2. ,. Cdr /5 ri %/ `� h.i )s JrL� H /y,i �: ary i� /C ''/.?YY 3.711 )rlr,SL1. ")�3 .rlm(r,:�a. f4/hi/..�u.'r i;rL.'15_i Please attach a written statement containing any additional information you feel would be useful to the City Council. RC -(I) 9120 BASELINE ROAD, SCITE C • POST OFFICE BOX 807 a RANCHO CUCAMONGA, CALO'ORNIA 91730 • 17141989-1851 0 dt,t �- V(R6 SN B96 une) // q ✓vnerovs rh/,wc,pq /. %c, ,etc 1pa- hour .mot rke� +5 0. (urtq YLSS /Gtia�- .�frrn plc (i'ilq resnucq Tee -, ah Z';>lr.�t � YVays nrxct 1� S.B. L C, I y :s ��cA,ko CITY OF RANCHO CUCAMONGA CR iGONGA wwJon D. Mikels .1 •= u S r z " "" " SEP 17 1984 ? Charles J. Buquet 11 James C. Frost Richard M. DW Phillip D. Schlosser AM Flu IF, X18199 111 4 8 CITIZEN'S APPLICATION TO SERVE ON Citizen's AdVi30TV COm:'i8810n NAME a A H h ADDRESS 9910 La Vine St Alta Loma CA 91701 PHONE 280 -5155 OCCUPATION Housevrife EDUCATION: (list highest year completed and all degrees) University of Oregon — 2 years Are there any workday evenings you could not meet? If so, please list • Pednesday Why are you interested in this position? I feel th:t for a city to prosier clad maintain it's high euality lifestyle; the citizens need to be an active part of that Process. I feel the CAC needs active residents to address the various issuer that affect e conrani y. What do you consider to be your major qualifications? See Attached 'EFERENCES: I. 3ichard Dahl 2. Jeff King 3. David Barker Please attach a written statement containing any additional information you Is feel would be useful to the City Council. RC -(I) 9320 BASELINE ROAD, SUITE C ° POST OFFICE BOX 807 ° RANCHO CL'CAMONGA. CALIFORNIA 91730 a (710989-1851 Citizen's Application to Serve on Citi.. m's advisory Commission Bruce inn Hahn • I was actively involved in the 19th Street Corridor Study and as a result of my imnut, 8'X4' signs are required to inform residents of planned developements. I have also worked on several successful political camnaigns and am curr:ntly chairperson of :L. +Y, which is an organization of private citizens whose purpose is the developement of our existing parks. I have held coffees in my home with the residents and council members to gather imput on various issues. I am currently a member of the site council and PTA board at Deer Canyon School; working. with the school district, city and fire board, negotiating improvements for an emergency access. I nave spn'ron before the city council, planning ^om;mission and Foothill Fire District Board meetin ;s on various issues which affect our city. I have been active in the city and know I cps. better serve the • citizens by being on the cor.Lmission. 0 j , C�u.aO� D CITY OF RANCHO CUCA1V1KV�&�° 1 b FDN ^AnCHO CIICAMONCA ey.. Jon D. Nikela 7F' 7lCp '- SEP 2? 1984 Chrtle, 1. Buquel 11 Jame, C. Fro,t Q Ri,herd N. Dahl Phillip D. Sehlo „e gi8j91�1ll1�11i2i3i4i5i6 CITIZEN'S APPLICATION TO SERVE ON ADVISORY COLMLISSION NAME James G. Campbell ADDRESS 9n71 r n r r Alra l r 917m PHONE 980 -1518 OCCUPATION A n..ne, EDUCATION: (list highest year completed and all degrees) B Are there any workday evenings you could not meet? If so, please list • Why are you interested in this position? T huvc rho rapid grnwth in rhi, conmunity. and I feel my experience in business could he_sary hplpfi 1 in e,Ivinv uroblems. What do you consider to be your major qualifications? -L4- o alLUL4,,,ra uF c n nt experiencei active participation in Service Or¢an'zations includine Little League, Soccer. and Boy Scout oraaniz ti lone with participate in nity development. = EFERENCES: I. John Chandler _ 9085-L= Ii'a C Air, tames Cam. 917nl 2. _Jprry cro - - P D Rov IIRA Al I. 1 3. Dave Roberts - 5847 Hillside Cove, Alt Lome- C 91701 Is Please attach a written statement containing any additional information you feel would be useful to the City Council. RC -(I) 9320 BASELINE ROAD, SUITE C ' POST OFFICE BOX 007 , RANCHO CUCAMONGA, CALIFORNIA 91730 • (7I4) 989.1051 ,7/ 70 J GCGIfO CITY OF RANCHO CUCAMONGA _,jam = ^ x.yo. JOn D. Nik<la • Zlfwn•ilm.mAn l'herlex J. B .... III Mfr , Rin4 1477 Rh'hard 01. Dahl Pamela J. tl'riehi CITIZKRIS APPLICATION TO SRRPR ON ;TIZEaSf ADVISORY PC%!M!T —ET NAME = hi'_in J. Yenovkian ADDRESS —5P35 nu reundv AvPnne - PHONE oR ^_'116( OCCUPATION ArhiinlstrativQ Aniistart °pI ° ^'' P.,. EDUCATION: (list highest year completed and all degrees) ao^nleted 17th year of Pducation 'ncludine one "iear of work Iowa ^ds *'aster of Arts decree in Public Ad^in?ctratinn. fury nt'v have Bachelor of Arts in Political Science (7.0 ?A) Are there any workday evenings you could not meet? If so, please list `;D • Why are you interested in this position? I have 'seeri a resident of 4ancho for a yna rte.' d n rosiinnt of " ^P lleq4% Ina fnr ten fe8P8. 7 Chace to l °yp in thi eft is t nnt. -.y T What do you consider to be your major qualifications? T have been a local ^v= rent p' vne for Four arc ^I nug viI ha k n nd love of the nnnn,nifi;: and ies'ne h P }he nhi ity to and nt t'^= citi ensf view of issues before the ^ifvrouncil. At REFERENCES: 1. Co,,, Chief f ro "re. -pygnj Pnlina - apart -an 2. "ia':a o1 S:atlock, Asst. City ':pr and resident, of this city 3• DicY 'loville Crime Preyention /Ionr. Relations Officer. ^nlani Please attach a written statement containing any additional information you • feel would be useful to the City Council. (RC Form E) 9320 BASELINE ROAD, SUITE C • POST OFFICE BOX 807 • RANCHO CUCAMONGA. CALIFORNIA 91730 , (711) 999.1991 �`tUk "b n CITY OF RANCHO CUCAMONG� xx •aJ P F � Z V > 197] CITIZEN'S APPLICATION TO SERVE ON: Citizens Advisory Commission Ll REFERENCES: 1, Supervisor Robert Townsend San Bernardino 2. Frederick Stemrich, Former Assistant Sheriff Los Angeles County 3, Berger Nielsen, Manager Montclair Chamber of Commerce. Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council, POST OFFICE BOX 807 • RA NCIIOCL'CANpNGA.CALIFORNIA91750 • 17109994951 NAME James D. Bookhouc ADDRESS 5961 Layton 91701 �I Al }A MA� PHONE 983 -4600 OCCUPATION Bank Administra tiion EDUCATION: (list highest year completed and all degrees) Mt. San Antonio College 72 hours undergraduate University of Southern California Leadership Development program San Diego Scale College 60- hours under¢radua ce University of tonne ct icu[ Executive Development program Are there any workday evenings you could not meet? If so, please list. No • Why are you interested in this position? ;evolvement in heloing a make the commumity a better place to live. What do you consider to be your major qualifications? Generalist with specific knowledge of government and its Operation. Business background and experience. Ll REFERENCES: 1, Supervisor Robert Townsend San Bernardino 2. Frederick Stemrich, Former Assistant Sheriff Los Angeles County 3, Berger Nielsen, Manager Montclair Chamber of Commerce. Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council, POST OFFICE BOX 807 • RA NCIIOCL'CANpNGA.CALIFORNIA91750 • 17109994951 James B. Bookhout Vice President Marketing /Rdetaistration Golden Pacific Bank Jim Bookhout, resident of the Nest End for over 30 Years. Involved in different phases of Financial industry Management for Ii years. Formers President Montclair Chamber of Commerce President Montclair Plata Merchants Association Chairman of the Chino Planning Commission Presents Board of Trustees, Museum of History and Art, Ontario President, Pomona Valley Workshop President, Monte Vista County Water District Facilities Corporation Private Industry Council,San Bernardino County,Member Member International Association of Financial Planners Personals Married (Linda Lee) 2 Children, Resident of Rancho Cucamonga Current Responsibilltiess Golden Pacific Banks Marketing Policy, Product Development, Training, Advertising, Gales Activity Public and Community Relations. • Branch Administration. Educations Undergraduate work ate Mount Ban Antonio College Ban Diego State College University Of Southern California University of Connecticutt Generalt Experience in many phases of Construction and Development. Travelled Extensively in United States and Europe • October 10, 1984 City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91770 Dear Sirs: My family and I recently moved to Rancho Cucamonga. We are enthusiastic about the city and its potential; for this reason we would like to become involved where we can be of value. I have, as the attached information will show, some experience • in Local Government and Planning processes. I hope that you will consider me for any position where I might be of assistance. Sincerely, James Bookhout Vice President Marketing /Administration P.O. Box 830 :: 845 North Euclid Avenue—— Ontario. CA 91781 _ (714) 983.4800 CITY OF RANCHO CUCAMONGA CY L it A 1 (.iO 1977 CITYZEN'S APPLICATION TO SERVE ON: Advisory Commission NANE CHARLvS L. MRGSON ADDRESS 9640 Call- Qu -brada Rancho Cucamonga 91730 rno,:E W213- 357 -7931 OCCUPATION Civil cngin = =r H714_9a6 -9039 EDUCATION: (list highest year completed and all degrees) Bach -lor of Sci -ncg, Civil °ngin —ring, Univ of California, B =rk -ley 197( R- gistor -d Civil `?ngin -gr, Stati of California Are there any workday evenings you could not meet? If so, please list. Am availabl- all workday gvgnings, Why are you interested in this position? To provide rgprgsgntation • for large number of n -w Rancho • What do you consider to be your major qualifications? Strong background in public servic -, concern for quality community and busin -ss growth. REFERENCES: 1. Charles J. Buqugt II Z, Dwight French 1, John G -rardi Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council. Sgg cover lett =r. • POST OFFICE ROC 807 • RAC 'CROCUCA)I0NGA,CAI•IFORSIA91700 • (714)989.1851 Gi G.�TO CITY OF RANCHO CUCAMONGA • xr/!jyW� �\� Wn. Jon D. Mihels CITY OF RANCh( i, A C x r..•,,,...a.. ADW 1. . G Charles J. Euquet II James C. Froal -- Hwhmrd M. Dahl Phillip D. S61., e` SEP 27 1784 AN q" 71slslbd1021 P: 112131Q .,w 4 CITIZEN'S APPLICATION TO SERVE ON Rancho Cucamonga Advisory Commission Jefferson E. Hill Sr. ,S 9607 Cameron Street, Rancho Cucamonga, California 91730 (714) 989 -5333 OCCUPATION Supery isor - Aerospace Industry EDUCATION: (list highest year completed and all degrees) MA, Psychology, 1976 University of Northern Colorado, Greeley, Colorado BA, (Cum Laude) Psychology, 1973 Chapman College, Orange, California Are there any Workday evenings you could not meet? If so, please list • Why are you interested in this position? I offer the Community of Rancho Cucamonga my experience and leadership in hopes of contributing to our city's future. My background is variedt Industrial Management/Supervision, and the Military (Viet Nam Veteran). Teaching, Counseling and Volunteer Community Service. What do you consider to be your major qualifications? My interpersonal skills, good communicator and listener. Experienced in management and planning of major projects. Able to critically evaluate different proposals and alternatives. Skilled in team building, I have served communities in numerous capacitiest PTA president, VFW Organi,ational task force currently serving as the 4uatermaster, Boy Scouts over 10 years, Little League board member, Board Member American Cancer Society past). - EFERENCES: 1, Mr. Jean R. Barnes, 1623 Nast 7th Street, Ontario, Ca. 91764 (982 -3249) 2, Mr. Dustin J. Burgin, 6594 Pear Avenue, Rancho Cucamonga, Ca. 91739 (899-1504) 3. Mr. Joe Mishica, 8405 Comet Street, Rancho Cucamonga, Ca. 91730 (081 -5226) Please attach a written statement containing any additional information you feel would be useful to the City Council. RC-(I) 9320 BASELINE ROAD, SUITE C • POST OFFICE BOX SOT • RANCHO CUCAMONGA, CALIFORNIA 91730 • 1714) 989.1851 C�ci,i7oyr CITY OF RANCHO CUCAMONGA,, e . < >_ CITY OF RANCHO CUCA41LNC� m /j� _ .Mw�Jon ll. Nikele F•C F I! '�l ''• ! SEP 27 19 — L ,� Chvlee J. Buyuq II Jamea C Frnat 84 Rkhvd M. D.hl Phillip D. SW..... AIA RY 71s191nIll1�1112,aIQls,s n / � CITIZEN'S APPLICATION TO SERVE ON L�-lv •F �t� A ;�Cy ( 4"A PHONE � —JL 10q /FSo, 42 ?L OCCUPATION I_CC�;e.iL -h EDUCATION: (list highest year completed and all degrees) i. Are there any workday evenings you could not meet? If so, please S •Why are you interested in this position? 'lZ£Ery -iS[ ._L �.IVIG What dor.you consider to be your major qualifications? 7 `+ e_ 'EFERENCES: 2 s Please attach a written statement containing any additional information you • feel would be useful to the City Council. RC -(I) 9820 BASELINE ROAD, SUITE C • POST OFFICE BOX 807 RANCHO CUCAMONGA, CALIFORNIA 91780 • 17111989.1951 r1 U 01MV nn+ rl A MPUn clTCAMnTif_ A STAFF REPORT III P isn I DATE: October 17, 1984 TO: Members of the City Council FROM: Richard M. Dahl, Mayor Pro Tem SUBJECT: Council Business /Design Review Subcommittee Approximately two years ago, I requested a Council Subcommittee to study the design review process and recommend possible improvements to the Council. The Council appointed Jim Frost and I to this subcommittee. During the period following, I was unable to gain cooperation from Mr. Frost, therefore the subcommittee never acted. Presently, Design Review and the Planning Commission is being deluged with projects that require varying degrees of expediency and the City Council is reviewing more appeals than ever before. The subcommittee has never been dissolved and, in my opinion, it is time for the subcommittee to complete the job it was originally intended to do. I am, therefore, requesting that the Council appoint another member to the subcommittee who will work with me to bring to the Council an objective recommendation to improve the process. Respectfully submitted, Richard M. Dahl Mayor Pro Tem J�J