HomeMy WebLinkAbout1984/09/19 - Agenda PacketCrrY of
RANUio CUG4M WA
CITY COUNCIL
AGENIA
Liana Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
September 19 1984 - 7.30 p.m.
All items submitted for the City Council Agsuda tort be in mritiag. The
deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the
meeting. The City Clerk's Office receives all such items.
1. CALL TO ORDER
• A. Pledge of Allegiance to Flag.
B. Roll Call: Wright Buquet , Mikels
Dahl _, and Ring _.
C. Approval of Minutes: August 1, 1984
2. ALODgCEMCM /PRESEgTATIONS
A. Thursday, September 20, 1984, 7:30 p.m. - PARR
DEVELOPMENT COMMISSION, Lions Park Community Center.
B. Wednesday, September 26, 1984, 7:00 p.m. - PLANNING
COMMISSION MEETING, Lions Perk Community Center.
C. Thursday, September 27, 1984, 7:30 p.m. - ADVISORY
COMMISSION, Library meeting room.
City Council Agenda -2- September 19, 1984
3. COnMIT CALENDAR
The following Consent Calendar items are expected to be
routine and non - controversial. They will be acted upon by
the Council at one time without discussion.
A. Approval of Warrants, Register No's. 84 -09-19 and 1
Payroll ending 9/6/84 for the total amount of
$450,508.29.
B. Forward Claim (CL 84 -20) against the City by Aetna Life 4
A Casualty, auto accident on May 9, 1984, at 4th A
Archibald.
C. Approval of Parcel Map 8568, located on the northerly 12
side of Utica Avenue between Civic Center Drive and
Aspen Avenue, submitted by Barton Development.
RESOLUTION NO. 84-238 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NUMBER 8568
• D. Approval of Parcel Map 7827, Bonds, Agreement and 15
Summarily Vacation, submitted by Calmark Development
Corporation for their project located north of Base
Line Road and west of Archibald Avenue at Lomita Court.
RESOLUTION NO. 84 -239 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NUMBER 7827, IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITY
RESOLUTION NO. 84 -240 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY
ORDERING THE VACATION OF A PORTION OF LOMITA
COURT IN CONNECTION WITH PARCEL MAP 7827
E. Approval of acceptance of Tract 9321, Honda and 29
Agreement located on the west side of Sapphire at
Highland, submitted by C/L Builders.
19
r 1
L J
City Council Agenda
-3_
RESOLUTION NO. 84 -141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY
AND FINAL MAP OF TRACT NO. 9321
F. Approval of acceptance of Tract 9269, Off -Site
Improvements located south of Wilson between Amethyst
and Archibald.
RESOLUTION NO. 84 -242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR TRACT 9269 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
G. Approval of acceptance of Tract 9351, Off -Site
Improvements located on the southwest corner of Banyan
and Sapphire.
Accept: Maintenance Bond $ 9,250.00
Release: Faithful Performance Bond $92,500.00
RESOLUTION NO. 84 -243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR TRACT 9351 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
H. Approval of Improvement Extension Agreement for Tract
11734 located on the northwest corner of Vineyard
Avenue and Arrow Route submitted by Cupertino Gardens
Patio Homes.
RESOLUTION NO. 84 -244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT EXTENSION AGREEMENT AND
IMPROVEMENT SECURITY FOR TRACT 11734
September 19, 1984
40
41
43
44
3.1
47
50
City Council Agenda --4- September 19, 1984
I. Approval of award of City vehicle Bide for 10 utility 52
vehicles from Monte's Chevrolet in Victorville at
$107,105.19 and 2 3/4 ton pick -up trucks from Valley
Chevrolet in Pomona at $27,668.78.
J. Approval of acceptance of a 10 -Foot Offer of Dedication 54
for Vicars Drive at Carnelian Avenue for Street and
Related Purposes.
RESOLUTION NO. 84-245 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A
30 -FOOT DEDICATION ON VICARA DRIVE AS OFFERED
FOR STREET AND RELATED PURPOSES
K. Approval of Real Property Improvement Contract and Lien 58
Agreement, submitted by Elizabeth galvis for DR 83 -42,
located on Footbill Boulevard and Red Rill Country Club
Drive.
RESOLUTION NO. 84-246 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN
AGREEMENT FROM ELIZABETH GALVIS FOR
DEVELOPMENT REVIEW 81 -42 AND AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN THE SAME
L. Approval of Real Property Improvement Contract and Lien 65
Agreement submitted by Michael and Waupen Post for
property located at 9232 Cottonwood Way.
RESOLUTION NO. 84 -247 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN
AGREEMENT FROM MICHAEL AND WAMPEN POST AND
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
SAME
M. Approval to designate a portion of Loan Proceeds to the 72
Regional Facilities Fund in the amount of $476,018.83,
and authorize partial repayment of $912,960.38 on Loan
to the Redevelopment Agency.
City Council Agenda -5- September 19, 1984
N. Approval of 1983 -84 Community Development Block Grant 73
and Jobe Bill Grantee Performance Reports.
RESOLUTION NO. 84-248 91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
THE 1983-84 COMMUNITY DEVELOPMENT BLOCK GRANT
AND JOBS BILL GRANTEE PERFORMANCE REPORTS AND
AUTHORIZING THE MAJOR TO SIGN SAME
0. Approval of recommendation to amend Resolution No. 92
83 -158, Section 4, and forgiving past debt requirement
for interest.
RESOLUTION 140. 83 -158A 93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
LOAN TO THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY
P. Set public hearing for October 3, 1984 for appeal of
. Planning Commission Condition of Approval for
Environmental Assessment and Development Review 84 -32,
Barmakian.
Q. Set public bearing for October 17, 1984 for appeal of
Planning Commission Decision denying CUP 84 -13,
Sycamore Investments.
h ADVMMSBD PUBLIC BIMMS
A. ENVIRONMENTAL IMPACT REPORT FOR CUP 84 -06 - EPA 94
ASSOCIATES - Review and consideration of a supplemental
Environmental Impact Report (EIR) prepared for
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 - AYH 227 - 201 -35 and APH 227- 211 -30.
Item continued from September 5, 1984 meeting.
Is
2
City Council Agenda -6-
September 19, 1984
•
B. ENVIRONMENTAL ASSESSMENT AND CUP 84 -06 - EPA ASSOCIATES
95
- Conceptual review of a meter 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 aide of Foothill Boulevard, vent of
Interstate 15 - APR 227 - 201 -35 and APN 227 - 201 -30.
Item continued from September 5, 1984 meting.
C. APPEAL OF PLANNING COMMISSION DECISION DENYING
97
TENTATIVE TRACT 12597 - LINCOLN - The development of
200 condominium units (to be rented as apartments) on
11.11 acres of land in the Medium -High Residential
(14-24 du /ac) district, located at the northwest corner
of 19th Street and Archibald Avenue - APN 202 - 101 -21 A
22.
D. ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO, 6
142
TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND
ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE
DISTRICT NO. 2 FOR TRACT MOS. 12530, 12238, 12332 -1 AND
12386
RESOLUTION NO. 84 -249
151
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
WORK IN CONNECTION WITH ANNEXATION NO. 6 TO
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR
TRACT NOS. 12350, 12238, 12332 -1 AND 12386
RESOLUTION NO. 84 -250
161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
WORK IN CONNECTION WITH ANNEXATION NO 4 TO
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR
TRACT NOS. 12350 AND 12238
E. ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 19
165
FOR TRACT NOS. 12386, 12332 -1. 12238 AND 12530 TO
LANDSCAPE MAINTENANCE DISTRICT NO. 1
2
^ity Council Agenda -7- September 19, 1984
• RESOLUTION NO. 84 -251 172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
WORK IN CONNECTION WITH ANNEXATION NO. 19 TO
LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
ACCEPTING THE FINAL ENGINEER'S REPORT FOR
TRACT NOS. 12386, 12332 -1, 12238 AND 12530
F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT
8484 =03 - An amendment to the Rancho Cucamonga
Development Code, Title 17 of the Municipal Code,
amending Chapter 17.08 Residential Districts, regarding
residential development standards and, in particular,
amendments to the Low- Medium residential development
standards. Item continued from September 5, 1984
meeting.
ORDINANCE NO. 235 (second reading) 177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT 84 -03, AMENDING
• TITLE 17 OF THE MUNICIPAL CODE, CHAPTER
17.08, RESIDENTIAL DISTRICTS, REGARDING
RESIDENTIAL DEVELOPMENT STANDARDS
5. 50N- ADVERTI8® HEARINGS
NO ITEMS SUBMITTED
6 CITY MANAGER'S BUFF REPORTS
A. CHANGE OF MUNICIPAL ELECTION DATE - Item continued from 182
September 5, 1984 meeting.
ORDINANCE NO. 236 (first reading) 187
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, PROVIDING THAT THE GENERAL
MUNICIPAL ELECTION OF THE CITY OF RANCHO
CUCAMONGA SHALL BE HELD ON THE SAME DAY AS
THE STATEWIDE GENERAL ELECTION, NAMELY, THE
FIRST TUESDAY AFTER THE FIRST MONDAY OF
NOVEMBER IN EACH EVEN NUMBERED YEAR
I
City Council Agenda -8- September 19, 1984
• B. ADVISORY COMMISSION RECOMMENDATION ON CAMPAIGN 188
FINANCING /CONFLICT OF INTEREST FOR CITY ELECTIONS
C. DISCUSSION OF AMBULANCE NATTERS PERTAINING TO 204
REGULATIONS OF AMBULANCE' SERVICE WITHIN THE CITY OF
RANCHO CUCAMONGA
7. COUNCIL BOSUMSS
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CLAW FOR DANAGN OR INJDRT
•1, Claims for death, injury to person, or o personal property must be filed no later
than 100 days after the occurrence (Gov. -
2. Claims for damages to real property oust be filed no later than 1 Year the
occurrence (Gov. Code, Sec. 911,2),
TOO/: CM or RANCHO CUMONG1 P0-36)'-52)
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ttEr✓A LIFE v�CASUALT� O0 RMoF <f/92G6d 9'�3 jSs
Name eC Claimant Address Zip phone Age
MRRN did damage or injury occur? yi7RY � +/�85
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WREH6 did damage or injury occur? r,y C rA/no NGy
BON and under what circumstances did damage or injury occur? 47d a?Al o6,t�E
WHAT particular action by the City, or its employees, caused the alleged damage or
• injury? (Include names of - „�loyeea, if known).
5i&N+Z SGT �RaPEKLV /11FE „JTY tlEjj.
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).
D s UGa P • 00
S'n-sD S .1J:Ducr�dLF i o700• o 0
Total Amount Claimed: $ yolk fl ' n0
NAM and addresses of witnesses, doctors, and hospitals:
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(/ AUG 181981 �
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STAFF REPORT'
a i
DATE: September 19, 1984 19 %%
TO: City Council & City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineer Technician
SUBJECT: Approval of P.M. 8568 submitted by Barton Development Co. and
located on the Northerly side of Utica Avenue between Civic Center
Drive and Aspen Avenue
Parcel Map 8568 was approved by Planning Commission on June 13, 1984 for the
division of 4.1 acres into 3 parcels in the Industrial Park District (subarea
7) located on Utica Avenue between Civic Center Drive and Aspen Avenue
Improvements, with the exception of sidewalk, drive approaches and street
trees, are existing. The missing improvements will be constructed at the time
of building permit issuance.
RECOMlENDATION
It is recommended that City Council adopt the attached resolution approving
Parcel Map 8568, and authorize the City Clerk to cause same to be recorded,
Respec fully submTtte
LBH .BKc
Attacliments
0
•
TENTATIVE PARCEL MAP NO. 8568
N THE CRY W VANCK CMANKNOGA
SAN KNN� W CCWTY, CALIFORNIA
Z,
13
RESOLUTION NO.-etIT-f2M
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8568
(TENTATIVE PARCEL MAP NO. 8568)
WHEREAS, Tentative Parcel Map Number 8568 submitted by Barton
Development and consisting of 3 parcels, located on the northerly side of
Utica Avenue between Civic Center Drive and Aspen Avenue being a division of
Parcel 3 of No. 6725, City of Rancho Cucamonga, County of San Bernardino,
State of California recorded in Book 67, Pages 4 through 7, was approved by
the Planning Commission of the City of Rancho Cucamonga; and
WHEREAS, Parcel Map Number 8568 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 8568 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 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Aut a et, City Clerk
jaa
\J
i'�
Jon 0. Mies, Mayor
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 19, 1984
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Approval of Parcel Map 7827 Bonds, Agreement and Summarily Vacation
Submitted by Calmark Development Corporation and located North of
Baseline and West of Archibald Avenue.
The subject map was approved by Planning Commission on March 9, 1983 for the
division of 9.7 acres of land in the High Residential District (24 -30 DO /AC)
for the development of 269 apartment units, 141 of which are intended for
Senior Citizens.
Bonds and Agreements to guarantee the construction of off -site improvements
have been submitted in the following amounts:
Faithful Performance Bond $180,400.00
Labor & Materials Bond 90,200.00
The developer has requested a portion of Lomita Court previously dedicated be
vacated. Lomita Court is being extended and a portion of the existing cul de
sac is being vacated in connection with the new street. A resolution to
summarily vacate that portion which is no longer required is attached for City
Council approval.
RECOMMENDATION
It is recommended that City Council approve the attached resolution approving
the Parcel Map, Bonds and Agreements and authorizing the City Clerk and Mayor
to sign same. It is also recommended that City Council approve the attached
resolution summarily vacating a portion of Lomita Court and authorizing the
Mayor to sign same on behalf of the City and the City Clerk to attest thereto
and cause same to be recorded.
Respect ully submitted,
LB ::BK'•fC �<•���
Attachments
ViewYn�
C BtX ID ROBERT NEUFELD
3nr,mrv. GnaN Mnrpr
CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL •
95 41 SAN eceN AA Oino no wuMOVCA ceu r. an 0.Yn lon
ao r o eiv see ae♦ aai EARLE R. ANDERSON
BEVERLY E. BRADEN
VICTOR A. CHERBAK. JR., P.r.w., CHARLES A, WEST
September 4, 1984 '=
City of Rancho Cucamonga
Engineering Department
P. O. Box 807
Rancho Cucamonga, California 91730
Attention: Mrs. Barbara Krall
Gentlemen:
Calmark Development Corporation, Developer of Parcel Map No. 7827,
situated in Rancho Cucamonga, has deposited with this District •
Material and Labor Bonds, Faithful Performance Bonds, and Utilities
Improvement Agreements for waterline and sewerline construction.
These bonds and agreements are being accepted by this District as
an assurance that said improvements will be provided, as stated,
within the boundaries of the Cucamonga County Water District
Presently, water and sewer improvement plans have not been approved.
Yours truly,
CUCAMONGA COUNTY WATER DISTRICT
Betty Fien
Secretary
bf
/ In
•
0
CITY OF RANCHO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR
PARCEL M.AP 90. 7827
KNOW ALL MEN BY THESE PRESENTS: That this agreement is
made and entered into, in conformance with the provisions of the
Municipal Code and Regulations Of the City of Rancho Cucamonga,
State of California, a municipal cOrporatiOr, hereinafter roferr.
ad to as the City, by and between said City
and C31mac< Develoo=ent Coroorat'on hereinafter referred to as
the O" oper.
THAT. WHEREAS, said Developer desires to develop certain
real property in said City located at Lomita Court and ArcS,Sald
Avenue , and
WHEREAS, said City has established certain requirements
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.
NOW, THEREFORE, it is hereby agreed by and between the
City and the Developer as follows:
1, The Developer hereby agrees to construct at •
developer's expense all improvements described on page a 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 as the day foitow-
ing the first anniversary date Of said approval unless an 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 construction standards, cost
estimate, and sufficiency of the improvement security, and to
require adjustments thereto when warranted by substantial changes
therein,
A. 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.
S. Construction permits shall be obtained by the Devel-
oper from the office of the City Engineer prior to start of any
work within the public right- of-way, and the developer shall
conduct such work in full compliance with the regulations
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
��� S.F., O.R.. Res., P.M „COP
,r1
u
•
amendments thereto. Construction shall include any transitions
and /or other incidental work deemed necessary for drainage or
public safety. Errors or ommissions di._overed 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 dome within existing streets shall be diligent-
ly pursued to completion; the City shall have the right to
complete any and all work in the event of unjustified delay in
completion, and to recover all cost and expense incurred from the
Developer and /or his Contractor by any lawful means.
S. The Developer shall be responsible for replacement,
relocations, or removal of any component of any Irrigation water
system in conflict with the regui red 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.
II. The improvement security to be furnished by the
Developer to guarantee completion of the terms of this agreement
shall be subject t0 the approval of the City Attorney. The prin-
cipal amount of said improvement security shall not be less than
the amount shown:
.2.
0
By: Mayor
Attest:
Approved:
ity Attorney
DEVELOPER'S SIGNATURES MUST BE NOTARIZED
•
3-
FAITHFUL PERFORMANCE
Type: Principal Amount: $ 180,600
Name and address of surety:
MATERIAL AND LABOR
Type: Principal Amount: $ 90,200
Name and address of surety:
CASH DEPOSIT MONUMENTATION
Type: Principal Amount:
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 executed and acknavI ge nith all formalities
required Dy 1aN on he Oe ties set Por pposite their signatures.
/ /)G ✓'�
u �L/ Developer
D ,
Oa [e= 2 Y
igna[
/�
r listed •
6 Li
D ff c�e� Developer
0a to 8'L]44 - by
v '•.` -
j nature
„ ...-^
Printed
Accepted:
City of Rancho Cucamonga, California
A Municipal Corporation
By: Mayor
Attest:
Approved:
ity Attorney
DEVELOPER'S SIGNATURES MUST BE NOTARIZED
•
3-
CITY OF RANCHO CuCAS07IGA
ENGINEERING DIVISION
•
ENCROACHGENT PERMIT FEE SCHEDULE
For improvement: Parcel
Map 7827
Oat t:
File Re xr ence:
Cap u[Ba y; John P :duel
City -'�
er
__ awing No.
NOTE: Does not include current fee
for
writing permit or pavement deposits
QUANTITY UNIT
ITEM
PRICE
AMOUNT
C0 L.F.
P.C.C. curb - 12" C.F. 24" gutter
7.25
L.F.
L.F.
P.C.C. curb - 8" C.F. 24" gutter
6.00
T'7:7G -Jp
P.C.C. curb only
5.50
T0- I4u.00 L.F.
S.F.
A.C. C.C.
4• P.C.C, sidewalk
4.50
��.,T.
� =0p S.F.
Drive approach
1.75
T,S=UD
1,006.00 S.F.
8• P,[, C, cross gutter (inc, curb)
2 50
3.40
� ;p
C.Y.
Street eacavat5on
1.50
i1. 00 S.F.
b k
12'a0 S.F.
Preparation of ubgr.de
0.15
Ti,- o
70N
Crushed agg, Ease (per inch think)
A.[, (over 1300 tons)
0.03
-
__ TON
A.C. (9DO to 1300 tons)
27,00
35.00
TON
A.C. (500 to 9DO tons)
45.00
TON
70Z77:o0
A.C, (under 500 tons)
60.00
S.F.
S.F.
A.C, (3" [hick)
Patch A.C. (trench)
0.55
76 T-T
__ S.F.
1" thick A.C. overlay
1.75
0.30
__ EA.
Adjust sewer lanhole to grade
250.00
-x-00 EA.
EA,
Adjust sewer clean out to grade
150.00
Adjust water valves to grade
75,00
•
EA.
L.F.
Scree[ lights
Barricades (fniersec. 5500 min)
:000.00
1,00
-9 �IITCDO
L.F.
2 F 4" redwood header
1.75
S.F.
Removal of A.C. pavement
0.35
._ L.F.
4eraval of P,C,C. curb
3.30
L.F.
EA.
Renni of A.C. berm
Street
1 00
-_
EA.
signs
Reflectors and posts
270.00
L.F.
Concrete block wall
35,00
25.00
.__ S.F.
Retaining wall
20.00
- --
TON
Aggregate base
700
--A-00 L.F.
18 "cRCP (2[DOOrDjres
a25.00
1 16.00 L.F.
24" RCP (1500 0)
29.00
��`S�jO
3700 L.F,
36" RCP (2000 0)
35.00
oT�-Ob
L.F.
48" RCP (1200 0)
49'00
79-1127770
EA.
-T00 EA.
Catch basin N - 4'
Catch
76.00
2000,00
EA.
basin N • 8'
Catch basin N • 22'
2900,00
EA.
Local depression 4'
4500.00
500'00
EA.
-T00 EA.
Local depression 12'
5'00
EA.
Junction structure
50 00.00
�D- OIIIT;yO
Outlet structure, Std P506
1500.00
_- EA,
Outlet structure, Std F507
500,00
EA.
Guard posts
40'00
L.F.
Guard panel (•eod)
2500
L,F,
EA.
Sawcu!
.
-
L.F.
Head.all (48" .ins)
4000.00
__
S.F.
Redwood header
1.75
Landscaping E irrigation
2.75
L,F.
Rail curb (P.C,C,)
7,50
ENGINEERING INSPECTION FEE
•RESTORATION /OEL INEAT ION
SUB TOTAL
CASH
163,879.00
DEPOSIT (REFUNDABLE)
CONTINGENCY COSTS
-TG` 7gEr. 00D
MO FAITHFUL PERFORMANCE BOND (1001)
SURETY (CASH)
-TFO�OG -1ID
LABOR AND MATERIAL
BOND (501)
_V0 _1700-D0
-Pursuant
t City Cucamonga municipal code Titles. Code, Title 0,adopting So
be Bae Pro to Itsuance
d
l
B�
of En9lneerltg Construction Perfit.
i
Revised 3/84
BOND NO. 206912
PREMIUM! $3,247.00•
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City Of Rancho Cucamonga,
State of C:I,fo ni a, and Calmurk Develcoment Corporation
(hereinafter designated as "principal" ) 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 Parcel Mao No. 7827 is hereby referred to and
made a part nereofiand,
WHEREAS, said principal is rfoui red under the terms of said
agreement to furnish a band for the faithful performance of said
agreement.
NOW, THEREFORE, we the principal and
as surety, are held and firmly bound unto the Ity of Rancho
Cucamonga (hereinafter called "City "), in the penal sum of
One hundred eighty thousand four hundred pol!ars
�T60, 40 awful money of the United Sates, 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 tio0s a00 Alm
provisions in the said agreement and any alteration thereof wade
as therein provided, on his or their part, to be kept and IV
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.
As a part of the obligation secured hereby and in addition to
the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered,
The surety hereby stipulates and agrees that no 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
terms of the agreement Or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by
the $rincipal and surety above named, on At1OUrT 23, ,
198
CALMARK DEVELOPMENT CORPORATION FREMONT INDEMNITY COMPANY
larveloper (Surety).."]
BY BY
it ure r/ Attorney ^In• act
H. D. CARLSON, SR.
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
ENECUTED IN DUPLICATEIGNATURES MUST BE NOTARIZED
o- IGINAL
BOND NO. 206912
PREMIUM: INCLUDED IN
PERFORMANCE BOND
•
IARnR ANN MATFRIAIMFN RnND
WHEREAS, the City Council of the City of Rancho Cucamonga,
State Of California, and Calaark Dovolopment Curnoration
(hereinafter designated as "priocipa eve entered into—,,
agreement whereby principal agrees to install and Complete
certain designated public improvements, which said agreement,
dated 198 and identified
as pro Ject Pam" aap No. IS hereby referred to and -ode
--
a part here07i and
WHEREAS, under the terms 0f 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 3062) of Part 4 of Division 3
of the Civil Code of the State of California.
NOW, 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,
materialmen 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 ninety thousand tun hundred
Dollars (f 90,200 ), for materialsrials urn�or thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or la her, 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 stipulated and agreed that this bond
shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (Commencing
with Section 3082) of Part 4 of Divison 3 of the Civil Cade, s0
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,
extension of time, alteration or addition to the terms of said
..
.. -- agreement or the Sp a if is at i a n accompanying the same shalt in
any manner affect its
_
.. obligations on this bond, and it does here-
ax ,, 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 August 23.
198 4
CALMIAR% DEVELOPMENT CORPORATION FREMONT INDEMNITY COMPANY
. Developer yyyyyy Y[ t .
Rita .. /',,n � � I
n to tt dyne y n• act
- 2! -!�/"
- �A(
PLEASE ATTACH DOWER OF ATTORNEY TO All BONDS
BE
SIGNATURES MUST BE NOTARIZED
EXECUTED IN DUPLICATE
OR ZGtNAL
PARCEL MAP N0.7827
IN SHE CIiv 01 RANCHO CuCAMON -,, 4.CCU%TY OF SA!: BERNAR�:NO
STA7,- CF L iFCRNiA
el
i
jg;ys
f BASE UNE ROAD
�u
ea
el
i
jg;ys
•
•
f BASE UNE ROAD
•
•
RESOLUTION NO. 69= � %
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFORNIA, APPROVING PARCEL MAP NUMBER 7827,
(TENTATIVE PARCEL MAP NO. 7827), IMPROVEMENT AGREEMENT,
AND IMPROVEMENT SECURITY
WHEREAS, Tentative Parcel Map No. 7827, submitted by Calmark
Development Corporation and consisting of 2 parcels, located north of Base
Line Road and west of Archibald Avenue at Lomita Court, being a division of
Parcel 1 and 2 of Parcel Map 5792 was approved by the Planning Commission of
the City of Rancho Cucamonga on March 9, 1983; and
WHEREAS, Parcel Map No. 7827 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
by entry into an Improvement Agreement guaranteed by acceptable Improvement
Security by Calmark Development Crporation as developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Improvement Agreement and said
Improvement Security submitted by said developer be and the same are hereby
approved and the Mayor is hereby authorized to sign said Improvement Agreement •
on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and
that said Parcel Map No. 7827 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 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
Jae
Jon D. Mike s, Mayor
RESOLUTION NO.
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF
A PORTION OF LOMITA COURT IN CONNECTION WITH PARCEL MAP
7827
WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and
Highway Code, the City Council of the City of Rancho Cucamonga is authorized
to summarily vacate a portion of the City Street hereinafter more particularly
described; and
WHEREAS, the City Council found all the evidence submitted that a
portion of Lomita Court is unnecessary for present or prospective public
street purposes because it has been superceded by relocation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as follows:
SECTION 1: That the City Council of the City of Rancho Cucamonga
hereby ma esk— its order vacating that portion of street on Map V -038 on file in
the office of the City Clerk of the City of Rancho Cucamonga, which has been
further described in a legal description which is attached hereto, marked
Exhibit "A ", and by reference made a part thereof.
SECTION 2: That from and after the date the resolution is recorded, •
said portion o mita Court no longer constitutes a street or public utility
easement.
SECTION 3: That the City Clerk shall cause a certified copy of this
resolution to be recorded in the office of the County Recorder of San
Bernardino County, California.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
one Mi ke ayor
ATTEST:
Beverly A. Authelet,—Ui—ty—MeFF
jaa
•
E X H I B I T "A"
LOMITA COURT
THOSE PORTIONS OF PARCEL 2 OF PARCEL 1gAP NO. 5792, IN •
THE CITY OF RANCHO CUCAhIONGA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 59,
PAGES 74 AND 75 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 1
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOMITA
COURT, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 88 °53'17"
WEST, 64.91 FEET FROM THE SOUTHWESTERLY CORNER OF PARCEL 3
OF SAID PARCEL MAP, SAID POINT BEING THE BEGINNING OF
A TANGENT CURVE CONCAVE SOU'T'HERLY AND HAVING A RADIUS OF
230.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A •
CENTRAL ANGLE OF 9018'06" A DISTANCE OF 37.34 FEET TO A
POINT IN THE NORTHERLY LINE OF SAID LOMITA COURT, AS
SHOWN ON SAID MAP, A RADIAL LINE TO SAID POINT BEARS
NORTH 10024149" WEST, SAID POINT BEING IN A NON TANGENT
COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
50.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
21 °08'30" WEST; THENCE EASTERLY AT,ONG THE NORTHERLY LINE
OF SAID LOMITA COURT AND SAID CURVE ;!!ROUGH A CENTRAL
ANGLE OF 20001'47" A DISTANCE OF 17.48 FEET AND NORTH
88 °53'17" EAST, 20.05 FEET TO THE POINT OF BEGINNING.
PARCEL 2
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOMITA COURT •
w �
r�
u
le
9
AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 88 °53'17"
WEST, 0.14 FEET FROM THE NORTHWEST CORNER OF PARCEL 1
AS SHOWN ON SAID MAP; THENCE SOUTH 88 053117" WEST,
124.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 170.00 FEET, THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 22 019'32" A DISTANCE OF 66.24 FEET TO A POINT IN THE
SOUTHWESTERLY LINE OF SAID LOMITA COURT AS SHOWN ON SAID
MAP, A RADIAL LINE TO SAID POINT BEARS NORTH 23 °26'15"
WEST, SAID POINT BEING IN A NON - TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL
LINE TO SAID POINT BEARS SOUTH 61 049'54" WEST; THENCE
•
SOUTHEASTERLY AND EASTERLY ALONG THE SOUTHWESTERLY AND
SOUTHERLY LINE ON SAID LOMITA COURT AND THROUGH A CENTRAL
ANGLE OF 80 056'37" A DISTANCE OF 70.64 FEET; THENCE
NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE SAID LOMITA
COURT THE FOLLOWING BEARINGS AND DISTANCES; THENCE
TANGENT TO SAID CURVE NORTH 70 °53'17" EAST, 107.58 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 88.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 000'00" A
DISTANCE OF 27.65 FEET TO THE POINT OF BEGINNING.
le
9
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LOM i -rA
GOUR
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wOC-ATe-Z Fc� TVZ:N'e, OF L-Ct^TA Ca)Kr
T 0E
5-ni'tF-f VACATIONS IN
PAFiClaJ— MAP NS -?e27
NV41LY n
Ijl=:5d
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 19, 1984
TO: City Council & City Manager
FROM: Lloyd B. Hobbs, City Engineer
BY: John L. Martin, Assistant Civil Engineer
SUBJECT: Acceptance of Bonds and Agreements for Tract No. 9321, Bonds and
Agreement located on the west side of Sapphire at Highland
submitted by C/L Builders
The subject tract was recorded and partially developed thru county procedures
about the time of incorporation. Approximately 13 lots were remaining to be
constructed and improvements completed. The developer has subsequently
requested approval for construction on the remaining lots. As a condition of
approval, the following Bonds were required to be submitted:
Faithfull Performance Bond $7,700.00
Labor & Material Bond 3,850.00
Maintenance Bond 800.00
RECOMMENDATION
It is recommended that Council adopt the attached resolution approving the
Bonds and Agreements and authorize the Mayor to sign the agreement on behalf
of the City.
Reygectfully s mitted
v
At achments
'4
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�tPc`c�MO^r� CITY OF RANCHO CUCAMONGA title;�,V
ENGINEERING DIVISION
im VICINITY MAP N Page
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CITY OF RANCHO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR
TRACT 9321
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 State of California, and of the
applicable Ordinances of the City of Rancho Cucamonga,
Ealifo,ia, a Ounlclpal LLI y'L: tt'e;, b : ^d te:.jo ^. said Cft:i .
hereinal"e, referred to as the City, and CIL Builders- OeveIOOera,
Irc. hereinafter referred to as the Developer.
WITNESSETH:
THAT, WHEREAS, said Developer desires to develop certain
real property in said City as shown on the conditinnally approved
subdivision known as Tract 9321; and
WHEREAS, said City has established certain requirements
to be met by said Developer as prerequisite to approval of said
subdivision generally located at Coral b Highland, Must of
Sapphire.
NOW, THEREFORE, it is hereby agreed by said City and by
said Developer as follows:
1. The Developer hereby agrees to construct at
Developer's expense all improvements described an Page 6 here- •
of within twelve months from the effective 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 on 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.
3. The Developer may request an extension of time to
Complete the terms hereof. Such request shall be submitted to
the City in writing not less than 30 days before the expiration
date hereof, and shall contain a statement of circumstances
necessitating the extension of time. The City shall have the
right to review the provisions of this agreement, Including the
construction standards, cost estimate, and improvement security,
and to require adjustments therein if any substantial change has
occurred during the term hereof.
a. 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 met by any lawful
means, and thereupon recover from the Developer and /or his surety
the full cost and expense incurred.
S. The Developer shall provide metered water service to
each lot of said development in accordance with the regulations,
schedules, and fees of the Cucamonga County Water District.
6. The Developer shall be responsible for replacement,
relocation, or removal of any Component of any irrigation water
system in conflict with construction of required improvements to
the satisfaction of the City Engineer and the owner of such water
system.
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7. Improvements required to be constructed shall
conform to the Standard Drawings and Standard Specifications of
the City, and to the Improvement Plan approved by and on file in
the office of the City Engineer. Said improvements are tabulated
On the Construction and Bond Estimate, hereby incorporated on
page 6 hereof, as taken from the improvement plans listed thereon
by number. The Developer shall also be responsible for construc-
tion of any transitions or other incidental work beyond the tract
boundaries as needed for safety and proper surface drainage.
Errors Or Ommissi.ms discovered during constructin shall be
corrected upon the direction or the City Engineer, Rev l> =d wvrk
due to said plan modifications shall be covered by the provisions
of this agreement and secured by the surety covering the original
planned works.
a. Construction permits shall be obtained by the
Developer from the office of the City Engineer prior to start of
work; all regulations listed thereon shall be observed, with
attention given to Safety procedures, control of dust, noise, or
other nuisance to the area, and to proper notification of public
utilities and City Departments. Failure to comply with this
section shall be subject to the penalties provided therefor.
9. The Developer shall be responsible for removal of
a17 loose rocks and other debris from public rights -af -way within
or adjoining said development resulting from work relative to
said development.
10. Work done within existing Streets shall be
• diligently pursued to completion; the City shall have the right
to complete any and all work in the event of unjustified delay in
completion, and to recover all cast and expense incurred from the
Developer and /or his contractor by any lawful meant.
11, Said Developer shall at all times following dedica-
tion of the streets and easements in said Subidivision, up to the
completion and acceptance of said work or improvement by Said
City Council, give good and adequate warning to the traveling
public of each and every dangerous condition existent in said
street or easement, and will protect the traveling public from
Such defective or dangerous conditions.
Until the completion of all Improvements, herein incorporated on
Page 6 , to be performed, each of said streets not accepted as
improvements shall be under the charge of said Developer. Said
Developer may close all or a portion of any street subject to the
conditions contained in a temporary street closure permit, issued
by the City Engineer, whenever it is necessary to protect the
public during the construction of the improvements herein agreed
to be made.
12, Parkway trees required to be planted shall be
planted by the Developer after other Improvement work, grading
and cleanup has been completed. Planting shall be dome as
provided by Ordinance in accordance with the planting diagram
approved by the City Community Development Director,
The Developer shall be responsible for maintaining all trees
planted in good health until the end of the guaranteed
maintenance period, ar for one year after planting, whichever is
later.
13. The Developer is responsible for meeting all candl-
tions established by the City pursuant to the Subdivision Map
Act, City Ordi antes, and this agreement for the development, and
for the maintenance of all Improvements constructed thereunder
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until the improvement is accepted for maintenance by the City,
and no improvement security provided her etnwith shall be released
before. such acceptance unless otherwise provided and authorized
by the City Council of the City,
14, This agreement shall not terminate until the
maintenance guarantee security hereinafter described has been
released by the City, or until a new agreement together with the
required improvement Security has been submitted to the City by a
successor to the herein named, and by resolution of the City
Council same has been accepted, and this agreement and the
improvement security therefor has been released.
15. The improvement security to be furnished by the
Developer with this agreement shall consist of the fallowing and
shall be in a form acceptable by the City Attorney:
A. To secure faithful performance of this agreement.
1. A bond or bonds by one or more duly autharized
corporate sureties in the form and content
specified by Government Code Section 66499.1.
2. An Improvement Security Instrument in the form
and content specified by the City Attorney.
3. A deposit with the City of money or negotiable
bonds of the kind approved for Securing
deposits of public monies.
B. To secure laborers and materialmen:
1. A bond or bonds by one Or more duly authorized
corporate sureties In the form and content
specified by Government Code Section 66499.1. •
2. An Improvement Security Instrument in the form
and content specified by the City Attorney,
3. A deposit with City of money or negotiable
bonds of the kind approved for securing
C. A cash deposit with the City to guarantee payment
by the Developer to the engineer or surveyor whose
certificate appears upon the Final Map for the
setting of all boundary, tot corner, and street
centerline monuments and for furnishing centerline
tie notes t0 the Cify. The amount of the deposit
may be any amount certified by the engineer or
surveyor as acceptable payment in full; or, if no
value is submitted, the cash bond shall be as Shown
on the Construction and Bond Estimate contained
herein.
Said cash deposit may be refunded a5 soon as proce-
dure permits after receipt by the City of the
center tine tie notes and wri teen assurance of
Payment in full from the engineer or surveyor.
0. The required bonds and the principal' amounts
thereof are Set forth on page 6 of this agreement.
16. The Developer warrants that the Improvements
described in this agreement shall be free from defects in
materials and workmanship. Any and all portions of the improve-
ments found to be defective within one (1) year fallowing the
data on which the improvements are accepted by the City shall be
repaired or replaced by Developer free of all charges to the
City. The Developer Shalt furnish a maintenance guarantee
recur l ty in a Sum equal to ten percent (10%) of the construction
estimate or 2200.00, whichever is greater, to secure the faithful
performance of Developer's obligations as described in this para-
graph. The maintenance guarantee security shall also secure the •
faithful performance by the Developer of any obligation of the
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Developer tO do specified work with respect to any parkway
maintenance assessment district. Once the improvements have been
accepted and a maintenance guarantee security has been accepted
by the City, the other improvement security described in this
agreement may be released provided that such release is otherwise
authorized by the Subdivision Map Act and any applicable City
Ordinance.
17. That the Developer shall take Out and maintain such
mphlic lixh+lity and property damage insurance as shall protect
him and any contractor or subcontractor performing work covered
by this agreement from claims for property damages which may
arise because of the nature of the work or from Operations under
this agreement, whether such operations be by himself or by any
contractor or subcontractor, or anyone directly or indirectly
employed by said persons, even though such damages be not caused
by the negligence of the Developer or any contractor or
subcontractor or anyone employed by said persons. The public
liability and property damage insurance shall list the City as
additonal insured and directly protect the City, its officers,
agents and employees, as well as the Developer, his contractors
and his subcontractors, and all insurance policies Issued
hereunder shall so state. The minimum amounts of such insurance
shall be as follows:
A. Contractor's liability insurance providing bodily
injury or death liability limits Of not less the
$300,000 for each person and $1,000,000 for each
accident or occurrence, and property damage liabil-
ity limits of not less than $100,000 for each acci-
dent or occurrence with an aggregate limit of
$250,000 for claims which may arise from the opera-
tions Of the Developer in the performance of the
work herein provided.
O. Automobile liability insurance covering all
vehicles used in the performance of this agreement
providing bodily injury liability limits of not
less than $200,000 for each person and S300,000 for
each accident or occurrence, and property damage
liability limits of not less than $50,000 for each
accident or occurrence, with an aggregate of not
less than $100,000 which may arise from the opera-
tions of the Developer or his Contractor in
performing the work provided for herein.
18. That before the execution of this agreement, the
Developer shall file with the City a certificate or certificates
of insurance covering the specified insurance. Each such
certificate shall bear an endorsement precluding the
cancellations, or reduction In coverage of any policy evidences
by such certificate, before the expiration of thirty (30) days
after the City shall have received notification by registered
mail from the insurance carrier.
As evidence of understanding the provisions contained herein, and
of intent to comply with same, the Subdivider has submitted the
following described improvement security, and has affixed his
signature hereto:
3V
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FAITHFUL PERFORMANCE
Type: Principal Amount: S7, 700.00
Name and address of surety:
MATERIAL AND LABOR PAYMENT
Type: Principal Amcznt: N'A.
Name and address of surety:
CASH DEPOSIT MONUMENTATION
Type: Principal Amount: N/A
Name and address of surety:
MAINTENANCE GUARANTEE
Type: Principal Amount; S 800.00
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 executed and acknowledged with all
formalities required by law on the dates set forth opposite their
signatures. C/L EL' ids -DEVE CPS, Inc.
Data Auaufa 22. 1984 by / ,Developer
gnatore
Jim C ovell, President
SrATE Ci CaLlr(IRNr1 `
p CCUNTYOF SA.N BERNARDINO Is
On,00v 22md _ 4 . AVQY9t 1984 ylne ma
j me iwmnf9�ea. • wl+r rwro ., ..e r> ..a <r^M w sure
�' vnv,.M e�e..e Sim Crovell
$ wlwwM
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mfmirre.tl m adW of rM uryrmm neon of ud ay�,w
N9gN b me INI fur'dMe4n eueeea rM imrr✓nnl
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Approved;
DEVELOPER'S SIGNATURE MUST BE NOTARIZED
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CITY OF RANCHO ONW
ENGINEERIN DIVISION
ENCROACHMENT PERMIT FEE SCHEDULE
For Improvement:
TRACT 9321
Date: 8/17/84
�omoute by: U. d
evens
File ReTerence:
City Drawing No.
NOTE: Does rent include current fee for
writing permit or pavement deposits
BONG FOR PUNCH LIST REPAIRS
QUANTITY UNIT
ITEM
PRICE AMOUNT
L.F.
P.C.C. curb - 12" C.F. 24" gutter
7.25
i.F
P.C.C. curb - 8" C.F. 24" gutter
6.00
L.F.
P.C.C. curb only
5.50
L.F.
A.C. berm
4,50
S.F.
4" P.C.C. sidewalk
1.75
S.F.
Drive approach
2.50 1,85G.rd-
S.F.
8n P.C.C. cross gutter (inc. curb)
3.40
C.Y.
Street excavation
1.50
C.Y.
Imported embankment
1.50
S.F.
Preparation of subgrade
0.15
S.F.
Crushed agg. base (per inch thick)
0.03
TON
A.C. (over 1300 tons)
27,00
TON
A.C. (900 to 1300 tons)
35.00
TON
A.C. (500 to 900 tons)
45.00
TON
A.C. (under 500 tons)
60.00
5.F.
A.C. (3" thick)
0.55
5.F.
Patch A.C. (trench)
1.75
S.F.
1" thick A.C. overlay
0.30
EA.
Adjust sewer manhole to grade
250.00
EA.
Adjust sewer clean out to grade
150.00
EA.
Adjust water valves to grade
75.00 --
EA.
Street lights
1000.00
•
L.F.
Barricades E500 min)
1.00
L.F.
redwood header
2 s 4" redwood header
1.75
S.F.
Removal of A.C. pavement
0.35
L.F.
Removal of P.C.C. curh
3.30
l.F,
Removal of A.L. berm
1.00
EA.
Street signs
230.00
EA.
Reflectors and posts
35.00
L.F.
Concrete
Concrete e b block wall
25.00
S.F.
Retaining wall
20.00
TON
Aggregate base
7.00
C.Y.
Concrete structures
425.00
L.F.
18" RCP (2000 0)
29.00
L.F.
24" RCP (1500 0)
35.00
L.F.
36" RCP (2000 D)
49,00
L.F.
48" RCP (1200 0)
76.00
EA,
Catch basin W 41
2000.00
EA.
-
Catch basin u • B'
2900,011
EA.
Catch basin W •
4500.00
EA.
4.
Local depression 4'
500.00
EA.
Local depression 12'
1000.00
EA.
Junction tructure
5000,00
EA.
Outlet tlet s structure, Std 0506
1500,00
EA.
Outlet structure, Ste #501
500.00
EA.
Guard posts
40.00
L.F.
Guard panel (wood)
25.00
L.F.
2.00
EA.
-dSLr-
Headwall (48" wing)
4000.00
S.F.
irrigation
Landscaping b irrigation
2.75 1;2373
L.F.
Roll ur(
poll curb (P.C.C.)
S.F.
Remove P.C.C. Drive ve Approach
1.50
1.00-W-
EA.
Street Trees
110.00 TOAS; Q�
ENGINEERING INSPECTION FEE PAID SUB TOTAL
$7.000 .00
®
-RESTORATION /DELINEATION
CASH N L CONTINGENCY COSTS
700foo
DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100 %) T70Qdb-
NONUMENTATION SURETY
(CASH) MAINTENANCE BOND
1000
*Pursuant to City of
Rancho Cucamonga Municipal Code, Title 1,
Chapter 1.08, adopting San
Bernardino County Cade Titles, Chapters 1 -5, a cash restoration /delineation deposit shall
06 11111!0 Prldr to issuance of an Engineering Construction Permit.
��a
Revised 3/84
+ .6.
BONG No. Ds
PREM ICH: s 5 77.11.00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Rancho Cucamonga,
State Of californ ". and —C /L BUILDERS - DEVELOPERS INC.
(hereinafter designated as "pn nclpa have entered I nto an
agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement,
dated , 198 and identified as
project Tract 93eL is hereby referred to and made a part hereof;
and,
WHEREAS, said principal is required under the terms of said
agreement to furnish a bond for the faithful performance of said
agreement.
NOW, THEREFORE, we the principal and DEVELOPERS INSURANCE COMPANY
as surety, are held and firmly bound unto the a Ci sty' yo Rancho
Cucamonga (hereinafter called 'City'), in the penal sum of Seven
thousand Seven Hundred and 00 /100 Dollars ($7,700.00) lawful
money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by
these presents.
The condition of this Obligation is such that if the above
bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made
as therein provided, on his or their part, to 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 a
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.
As a part of the obligation secured hereby and In addition to
the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension Of time, alteration or addition to the terms of the
ayreem et or to the work to be performed thereunder or the speci-
fications accompanying the same shall in anywise affect its
obligations an this bond, and It does hereby waive notice of any
such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by
the principal and surety above named, on Auuusc e] , l
198 c
CIL 9CTLDENS- DEVELOPERS, INC. DEVELOPERS 1NSLRAYCE CMPANY
(Developer) (Surety)
Signature tar l act
.Jim fwtll, Pres Barbara nhil•
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
SIGNATURES MUST BE NOTARIZED a
l L .-i
—� BOND No. 7112836 -A
PMMILY: Included
• LABOR AND NATERIALMEN BOND
WHEREAS, the City Council of the City of Rancho Cucamonga,
State of California, and C/L Builders - Developers, Inc.
(hereinafter designated as "principal ") 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 rac is ere y re erred T.—and made A part
hereof; and
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, material
men 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 Three thousand eight hundred and
fifty and 00 1100 Dollars (53,850,00), for materials furnished or
labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor,
that said surety will pay the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought
upon this 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 stipulated and agreed that this bond
shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Divison 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,
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 on this band, 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 August 31, 1984
198a
C/L BUI n Br. DEVIN —
eve oper t S are 1
ee try L. Nyen, Vice Peea lde nt Barbara Ravenhtll
PLEASE ATTACH POWER Of ATTORNEY TO ALL BONDS
SIGNATURES MUST HE NOTARIZED
z;
11m.Tp 40. 1112869
PRlVal `sal
• 11AIIRENAM:E GUARANTEE ONO
WHEREAS, the City Council of the City of Rancho Cucamonga, State of
California, and n .. T.. (hereinafter
designated as "Principal^ nave entered mto an agreement whereby principal
agrees to install and complete certain designated public improvements, which
said agreement, dated 19 , and identified as
project Tract 9321 located on ora h+g_lamd-"st of Sapphire
is hereby re erred —to made a part hereof;
WHEREAS, said principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement. Section lb,
guaranteeing all improvements free of all defects for a period of (1) one year
after acceptance by the City.
NON, THEREFORE, we the principal and
as surety, are held and firmly bound unto t e sty o anc o ucamonga
(hereinafter called "City "), in the penal sum of Eight Hundred and 00 /100
Dollars (S800.00) lawful money of the United States, or the payment of whicn
SUM gel) 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 bonded
principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform
the covenants, conditions ark provisions in the said agreement and any
alteration thereof made as 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 became null and mid; otherwise, it shall 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
judgment rendered,
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreements ortto the work to be
performed thereunder or the specifications accompanying the same shall in
anywise effect its obligations an this bond, and it does hereby waive notice
of any Such change, extension of time, alteration or addition to the terms of
the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
principal and surety above named on AuRUat 22 , 1986
DEVELOPER SURETY I
CIL NOLLA�A ZWMS, Uc. OLYBLOALS LWsuAAAi CMPAAT
Xame
By: _ >(4r.'!i 371 Nllahin Assam, a—S G 92001
da
JL toveli, PeulMmt ress
By: n/en .1 X o I'd
Eorbm Rawnhill, Attomry- in -vaet
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
SIGNATURES MIST BE NOTARIZED
1
RESOLUTION NO. 49— k9 -e8CR' < "
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9321
WHEREAS, the Tentative Map of Tract No. 9321, consisting of 70 lots,
submitted by C/L Builders, Subdivider, located on the west side of Sapphire at
Highland has been recorded as provided in the Subdivision Map Act of the State
of California, and in compliance with the requirements of Ordinance No. 28 of
said City; and
WHEREAS, to meet the requirements established as prerequisite to
Building permits on certain lots, said Subdivider has offered the Improvement
Agreement submitted herewith for approval and execution by said City, together
with good and sufficient 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; and
• 2. That said Improvement Security is accepted as good
and sufficient, subject to approval as to form and
content thereof by the City Attorney; and
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Bever y A. Authe et, ,ty er
jaa
9
a
on u. Mikels, Mayor
u
n
LJ
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 19, 1984 .
TO: City Council and City Manager
C,UGMOh
2 � 7
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a
1977
FROM: Lloyd B. Hubbs, City Engineer
BY: Dave Blevins, Senior Public Works Inspector
SUBJECT: Acceptance of Tract 9269 Off -Site Improvements located south of
Wilson between Amethyst and Archibald
The off -site improvements for Tract 9269 have been completed to the
satisfaction of the City Engineer. It is recommended that the Council approve
the acceptance of the project and direct the City Engineer to file a Notice of
Completion with the County Recorder.
RECCIMNDATION
It is recommended that Council accept as complete the off -site improvements
and pass the attached resolution authorizing the City Engineer to file the
Notice of Completion.
lly submjtted,
LBHvDB:jaa
Attachments
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RECORDING REQUESTED By
CITY OF RANCHO CUCAMONGA
P. 0. Box 807
Rancho Cucamonga, California 91730
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0, Box 807
Rancho Cucamonga, California 91730
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in the
hereinafter described real property, the nature of which interest or estate
is:
TRACT 9269
2. The full name and address of the undersigned owner is: CITY OF
RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga,
• California 91730.
3. On the 19th day of September, 1984, there was completed on the
hereinafter described real property the work of improvement set forth in the
contract documents for:
TRACT 9269
4. The name of the original contractor for the work of improvement
as a whole was:
THE DEER CREEK COMPANY
5. The real property referred to herein is situated in the City of
Rancho Cucamonga, County of San Bernardino, California, and is described as
follows:
EAST SIDE AMETHYST STA 17+86.95 TO STN 26 +00;
WILSON AVE. STA O +OD TO STA 15+65;
WEST SIDE ARCHIBALD STA 96 +83 TO STA 107•.40;
COTTONWOOD WAY STA 6+75 TO STA 18-10;
JADEITE AVE STA 6+10 TO STA 5 +52;
MALACHITE AVE. STA 0+00 TO STA 3+60;
KLUSM4N AVE. Sip 0+00 TO STA 3 +89
v
CITY OF RANCHO CUCAMONGA, a
municipal corporation, Owner
Date Lloyd Hu s, ty ngtneer
y 1
. RESOLUTION NO. 39-19.6iM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 9269 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Tract 9269 have
been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, be it resolved, that the work is hereby accepted and
the City Engineer is authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
•
ATTEST:
Beverly A. Authelet, City Clerk
jaa
n
�C
N3
Jon D. Mi a s, Mayor
r�
CITY OF RANCHO CUCAMONGA w cnnfp
STAFF REPORT( ,
K t��
ill A
2
SID
DATE: September 19, 1984 1977
TO: City Council and City Manager
FROM: Lloyd S. Hubbs, City Engineer
BY: Dave Blevins, Senior Public Works Inspector
SUBJECT: Acceptance of Tract 9351 Off -Site Improvements located on the
southwest corner of Banyan and Sapphire
The Street Improvements for Tract 9351 have been completed to the satisfaction
of the City Engineer. It is recommended that the Council approve the
acceptance of the project and direct the City Engineer to file a Notice of
Completion with the County Recorder and release performance surety and accept
a maintenance bond.
RECOMMENDATION
It is recommended that Council accept as complete the Street Improvements for
Tract 9351 and pass the attached resolution authorizing the City Engineer to
file the Notice of Completion and release performance bond and accept the
maintenance bond.
Respectfully
c V LBH: .jaa
Attachments
yy
0
RECORDING REQUESTED BY
CITY OF RANCHO CUCAMONGA
P. 0, Box 807
Rancho Cucamonga, California 91730
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0. Box 807
Rancho Cucamonga, California 91730
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in the
hereinafter described real property, the nature of which interest or estate
is:
4. The name of the original contractor for the work of improvement
as a whole was:
LEWIS DEVELOPMENT
S. The real property referred to herein is situated In the City of
Rancho Cucamonga, County of San Bernardino, California, and is described as
fol laws:
REST SIDE Of SAPPHIRE FROM STA 22 -64.28 TO
STA 29-58.08; CELESTITE AVE. FROM STA 0-00 TO STA 18 -67;
MARBLE AVE. FROM STA 0-00 TO STA 3-00
CITY OF RANCHO CUCAMONGA, a
municipal corporation, Owner
L loyal B. Hubbs, ty ng near
u
TRACT 9351
2. The full name
and
address of the undersigned owner is: CITY OF
RANCHO CUCAMONGA, 9320 -C
Base
Line Road, P. 0.
Box 807, Rancho Cucamonga,
•
California 91730,
3. On the 20th
day
of August, 1984,
there was completed on the
hereinafter described real
property the work of
improvement set forth in the
contract documents for:
TRACT 9351
4. The name of the original contractor for the work of improvement
as a whole was:
LEWIS DEVELOPMENT
S. The real property referred to herein is situated In the City of
Rancho Cucamonga, County of San Bernardino, California, and is described as
fol laws:
REST SIDE Of SAPPHIRE FROM STA 22 -64.28 TO
STA 29-58.08; CELESTITE AVE. FROM STA 0-00 TO STA 18 -67;
MARBLE AVE. FROM STA 0-00 TO STA 3-00
CITY OF RANCHO CUCAMONGA, a
municipal corporation, Owner
L loyal B. Hubbs, ty ng near
u
RESOLUTION NO. 4 -dyS
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 9351 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Tract 9351 have
been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, be it resolved, that the work is hereby accepted and
the City Engineer is authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
J
ATTEST:
Beverly A. Authelet, City Clerk
jaa
E
Jon D. Mike s, Mayor
y?
CITY OF RANCHO CUCAMONGA CkrAMC
STAFF REPORT
.
DATE: September 19, 1984 1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Approval of Improvement Extension Agreement for Tract 11734 located
on the northwest corner of Vineyard Avenue and Arrow Route
submitted by Cupertino Gardens Patio Homes
Cupertino Gardens Patio Homes, developers of Tract 11734, has submitted the
attached Improvement Extension Agreement requesting an extension of time for
the construction of off -site improvements.
Bonds in the following amounts are on file in the City Clerks office:
•
Faithful Performance Bona: $113,300.00
Labor and Material Bond: E 56,650.00
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. Said Agreement will expire on April 6, 1985.
Respectfully submit
v Y
PLBH:BK�
as
Attachments
y?
CITY OF RANCHO CUCAMONGA
IMPROVEMENT EXTENSION AGREEMENT
FOR
TRACT 11710, PHASE if AND III
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, her ...after referred to as the City, and Cupertino Gardens Patio Homes,
a California partnership referred to as the Developer.
WITNESSETH:
THAT, WHEREAS said Developer entered into an improvement agreement with the
City as a requisite to issuance of building permits, and
WHEREAS, Said Developer desire, an exte.510. Of time to Complete the terms of
the said itirovement agreement.
NOW, TwEREFORE, it is hereby agreed by the City and by said Developer as
foll..S:
1. The mmpletmh date of the terns of the said improvement agreement is
hereby exten]ed by A period Of G months from the sate Of explrat100 of the
said agreement, Expiration date: April 6,1985
2. Increase io improvement securities to reflect current imo,oveme,t casts
Snali be `urnished 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.
•
a, All other terms and Conditions of the Said 'TDrOvemeit agreement Shall
remain the some.
As evidence of unde•standi ^g the provisions cohta-ned herein, and of intent to
Cooly with same, the Developer has Submitted the below deSCribed improvement
security, and has affixed his Signature hereto:
FAITHFUL PERFORMANCE BOND
Description: Additional Principal Amount tone Requied
Surety:
Address:
MATERIAL AND LABOR BOND
Description: Additional Principal Amount We Required
Surety:
Address:
CASH DEPOSIT NONUMENTING BONO
Additional Cash Deposit:
MAINTENANCE GUARANTEE BOND
Principal Amount: N/A
To be posted ofIheeprP,ect. .the itya +..,•..........
...... . ............................. m ...... • .......
CITY OF RANCHO CUCAMONGA DEVELOPER: Cupertino Gardens
CALIFORNIA, a municipal corporation Patio Homes, a Caiifornta
Partnership
o•f: �Vne r }cae✓aL Corporation,
By'
BY• FCf neneral Partin
uon i Q ,, ayoY cu iJ ;.u�yr�'—
Executive vice President,
Attest:
Resiflentlal Dc,VeLopvent
ON to
f.77n„ .I: 3A
r er .. —__
IN
NOTE: DEVELOPER'S SIGNATURE MUST BE WTA1EED
er
U i
IIspill
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10('1 -/ CITY OF RANCHO CUC,k,%ION'(;A
;H ENGINEERING DIVISION
VICINITY MAP
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RESOLUTION N0. 99—k9= 04Z`fi
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11734
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Extension Agreement
executed on September 19, 1984 by Cupertino Gardens Patio Homes as Developer,
for the improvement of public right -of -way adjacent to real property
specifically described therein, and generally located on the northwest corner
of Vineyard Avenue and Arrow Route; 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
Tract 11734; 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 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Rut a et, City Clerk
jaa
V
Jon 0. KTWe-Ts—,-Wa—yor
ti
i
CITY OF RANCHO CUCAMONGA title;
TR 11714
ENGINEERING DIVISION
VICINITY AIAP
Pin
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•
•
I
nTmv nF. n A wTnvn ! TTn A AX XTn A
STAFF REPORT
DATE: September 19, 1984
TO: City Council and City Manager
FROM: Lloyd B. Hubbs; City Engineer
BY: Dave Leonard, Maintenance Superintendent
SUBJECT: Award of City Vehicle Bids
^I 3
z
—_ a
On September 11, 1984, bids were received for ten (10) compact utility
vehicles and two (2) 3/4 ton pick -up trucks with modifications. The
vehicles are for replacing depreciated City vehicles purchased in 1979.
Three bids were received, see the attached bid summary sheet.
RECOMIENDATION:
Based on low bid, it is recommended that Council authorize the Finance
Director to purchase ten (10) compact utility vehicles (5 -10 Blazers)
from Monte's Chevrolet in Victorville at $107,105.19 and two (2) 3/4 ton
pick -up trucks from Valley Chevrolet at $27,668.78, The total purchase
price is $134,773.97.
Respectfully submit Vd ,
LBH:DL:bc
Attachments
S1
VEHICLE BID SUMMARY SHEET
FOR
TEN (10) EACH COMPACT UTILITY VEHICLES
*Law Bid = $107,105.79
TWO (2) EACH 3/4 TON PICKUP TRUCKS WITH MODIFICATIONS
Monte's
Valley
Citrus
Citrus
Chevrolet
Chevrolet
Motors
Ten (10) Utility
10 x $10,104.32 =
10 x $10,413.25 =
10 x $11,885.00
Vehicles
$101,043.20*
$104,132.50
$118,850.00
Sales Tax
6,062.59
6,247.95
7,131.00
GRAND TOTAL
$107,105.79
$110,380.45
$124,981.00
*Law Bid = $107,105.79
TWO (2) EACH 3/4 TON PICKUP TRUCKS WITH MODIFICATIONS
Monte's
Valley
Citrus
Chevrolet
Chevrolet
Motors
3/4 Ton Pickup
Modification A
No Bid
$13,146.91*
$13,736.21
3/4 Ton Pickup
Modification B
No Bid
$12,955.71*
$14,262.21
Sales Tax -0-
GRAND TOTAL -0-
*Low Bid z $27,668.78
53
1,566,16 1,679.91
$27,688,78 $29,678.33
0
•
•
L
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rrmv AP. U A ATnvn OTTO A unvn
STAFF REPORT�� j V
9
s;
r U_
1977
DATE: September 19, 1984
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: John L. Martin, Assistant Civil Engineer
SUBJECT: Acceptance of a 30 Foot Offer of Dedication for Vicara Drive at
Carnelian Avenue
In processing the Tentative Tract Map No. 9619 (Doug Hone Subdivider), a
requirement to obtain easements for Vicara Drive was established. Those
easements have been obtained with the exception of acquisition by the City of
the subject Offer of Dedication.
The subject offer was made by Mr. Inose, to the county, in order to obtain
approvals for a Minor Subdivision in May of 1974.
Final approval of Tract No. 9619 is presently under review by staff.
Acceptance of this offer is one item needing clearance prior to Final Map
Approval.
RECOMENDATION
It is recommended that Council adopt the attached resolution accepting the
Offer of Dedication made, thereby, authorizing the Mayor to sign the
resolution and directing the City Clerk to record same.
Respgctfully submi ed,
W o
Att ements
J4
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CITY OF RANCHO CUCAMONGAnf
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ENGINEERING DIVISION �T �`
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RESOLUTION NO. 69 -t9-M .S�_ .-I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A 30 -FOOT DEDICATION ON
VICARA DRIVE AS OFFERED FOR STREET AND RELATED PURPOSES
The City of Rancho Cucamonga does hereby resolve as follows:
SECTION 1: The offer to dedicate to the City of Rancho Cucamonga,
California. the property herein described for Street and Related Purposes, is
hereby accepted. Said property is described as follows:
Those portions of the North half of the East half of Lot
11, Block 17, CUCAMONGA HOMESTEAD ASSOCIATION LANDS, as
per map recorded in Book 6 of Maps, Page 46, Records of
said County.
Parcel 1 (Vicara Drive)
YFe—N-o—rth 30.00 feet of said East half of Lot 11.
EXCEPTING the West 405.00 feet thereof.
Parcel 2
A triangular shaped parcel of land bounded as follows:
• On the North by the South line of said Parcel No. 1;
On the East by a line that is parallel with and 44.00
feet west, measured at right angles, from the centerline
of CARNELIAN AVENUE, 66.00 feet wide;
And on the Southwest by the arc of a curve concave to the
Southwest and having a radius of 20.00 feet, said curve
being tangent to the South line of said Parcel No. 1 and
tangent to said parallel line.
SECTION 2: The City Clerk is hereby authorized and directed to cause
a certifie copy -of this resolution to be filed for record in the office of
the County Recorder of the County of San Bernardino.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
Jon 0. M ke s, Mayor
is ATTEST:
' Beverly A. Authelet, City Clerk
r�
•
•
n
Lj
CITY OF RANCHO CUCAMONGA
STAFF REPORT
O
1977
DATE: September 19, 1984
TO: City Council and City Manager
FROM: Lloyd B. Hobbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Approval of Real Property Improvement Contract and Lien Agreement
submitted by Elizabeth Galvis for property located at Foothill and
Red Hill Country Club Drive (DR 83 -42)
Mrs. Elizabeth Galvis has applied for a building permit to make a gas station
conversion on a lot located at Foothill Blvd. and Red Hill Country Club
Drive. The agreement was required as a condition of approval for the
conversion of an existing gas station to a mini - market to insure future
construction of a Landscaped Median Island in Foothill Blvd.
The attached Real Property Improvement Contract and Lien Agreement has been
submitted to guarantee the future construction of the Median Island.
RECOMMENDATION
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.
4lel,11,, l y sub ted,
Attachments
c?
- RED MILL COUNTRY CLUB
__]9516______ � •
10 '
7 O 11 • ngFq iya •'t r i 4 �ti�'�
•1' 26 i �, 1$41K
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SAN BERNARD)NO
pcAM ticle�
�¢P c CITY OF RANCHO CUCAMONGA w L +
$ ENGINEERING DIVISION ,�T\`
)m VICINITY MAP 171 page
• RECORDING REQUESTED BY:
and
RNER RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0. Box 807
RANCHO CUCAMONGA, CALIFORNIA 91730
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19_, by and between Elizabeth
Galvis (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
issuance of a building permit for 0. R. 83 -42 (Mini Market)
• development the City requires the construction of missing off -
site street improvements including one -half landscaped median
island adjacent to the property to be developed; and
�o
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, 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
shalt have a lien upon the real property hereinafter described as
security for the Developer's performance, and any repayment due
City,
I
;o
0
NOW, THEREFORE, THE PARTIES AGREE:
"1. The Developer hereby agrees that she will install
off -site street improvements including curb, irrigation and
landscaping in accordance and compliance with all applicable
ordinances resolutions, rules and regulations of the City in
effect at the time of the installation. Said improvements shall.
he installed upon and along Foothill Blvd. not to exceed the
centerline of Said street Or beyond the frontage of the subject
property except a$ 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 following written notice to
the Developer from the City to commence installation of the
same. Installation of said improvements shall be at no expense
to 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 do so, enter upon
the property hereinafter described and complete said improvements
and recover all casts of completion incurred by the City from the
Developer.
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:
Lot 9 of Tract No. 2521 filed in Book 36, Pages 37 and 38,
Records of said County.
G/ 2
1
5. This conveyance is in tract for the purposes
described above.
6. Now, 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 statute, pertaining
to mortgages on real property.
7. This Agreement shall be binding upon and shall inure
to the benefit of the heirs, eaecutors, administrators.
successors and assigns of each of the parties hereto.
B. To the extent required to give effect of this
Agreement as a mortgage, the term "Developer" shalt 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
Ce 1
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
CITY
CITY OF RANCHO CUCAMONGA
CALIFORNIA, a municipal
corporation
By:
Jon O. Mlkels
Mayor
ATTEST
Beverly A. Authe et
City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO)
DEVELOPER
ELIZABETH GALVIS
an ,19_, b e f ore
me
the jolarsigned Notary Pul,lic, Personally appeared J04 U. MIK L ,
personally known to me to be the Mayor of the CITY OF RPICMO •
CUCAMOIIGA, CALIFORNIA, a municipal corporation, and known to me
to be the person who executed the within instrument on behalf pf
said municipal corporation, and acknowledged to me that such
municipal corporation executed it.
WITNESS MY HAHO AND OFFICIAL SEAL
Notary Signature
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO) /`
/Cq thf,f the J3rd day, of (�K+'' before
me, ( ris /OrwA-
the un ar tgne Np ar b ,C persona y appeared
g��yk 4me
-[ pe ona y to me
(
proved to me on the basis of s a t factory ',id e h c e
to be the Persons) whose hat e(i) subscribed to the
within instrument and acknowleged that tz- executed it.
WITNESS MY HAND ANO OFFICIAL SEAL.
/, L.....l�T N M Notary Signature
wo
NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP,*
THE ABOVE ACKNOWLEDGEMENT IS NOT ACCEPTABLE, A
CORPORATION /PARrRTSNTP- ACKF0GI.EDGEMENT IS REQUIRED.
0
�3
RESOLUTION 140. 3CR �
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ELIZABETH
GALVIS FOR DEVELOPMENT REVIEW 83 -42 AND AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN THE SAME
WHEREAS, Development Review 83 -42 located at the northeast corner of
Foothill Blvd, and Red Hill Country Club Drive submitted by Elizabeth Galvis
was approved on February 8, 1984; and
WHEREAS, Installation of one -half landscaped median island
established as prerequisite to issuance of Building Permit has been met by
entry into a Real Property Improvement Contract and Lien Agreement by
Elizabeth Galvis.
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 19th day of September, 1984.
• AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authe et, City Clerk
jaa
Is
Co I/
Jon 0. Mi a s, Mayor
0
PTT nc D A NrUn riTr A MnXTr_A
STAFF REPORT
i5
FI `
I9i7
DATE: September 19, 1984
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 Michael and Wanpen Post for property located at 9232
Cottonwood Way
Mr. & Mrs. Michael Post have applied for a building permit to construct a
dwelling unit on a lot located at 9232 Cottonwood Way generally located south
of Hillside Avenue and west of Hellman Avenue. The property does not front
upon any public street. Access to the lot is provided from Hellman Avenue and
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 the street.
RECOMMENDATION
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.
Respectfully submitted,
C18N. L k�� ~_~
Attac gents
(vl
9
•
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3 N, 4
Qtl
Por &k 0
title,
CITY OF RANCHO CUCAfVIO1NC'A
I A
ENGINEERING DIVISION
VICINITY MAP N page
11
RECORDING REQUESTED BY:
and
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0. Box 907
RANCHO CUCAMONGA. CALIFORNIA 91730
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT
THIS AGREEMENT, made and entered into this day
of ' 19_, by and between Michael
Post and Wanpen Post (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
issuance of a building permit for 9232 Cottonwood Way development
the City requires the construction of missing off -site street
improvements including curb, gutter, A. C. paving, concrete drive
approach, street lights and street trees 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, which said Agreement
shall also provide that the City may construct said improvements
if the Developer falls 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.
1
` "B""Iftoxxx 17
0
NON, THEREFORE, THE PARTIES AGREE:
1. The Developer hereby agrees that they will install
off-site street improvements including curb, gutter, A. C.
Paving. concrete drive approach, street lights and street trees
in accordance and compliance 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 9272 Cottonwood Nay, not to exceed the centerline
of said street or beyond the frontage of the subject property
except 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 following written notice to
the Developer from the City to commence installation of the
same. Installation of said improvements shall be at no expense •
to the City.
7. 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 do so, enter upon
the property hereinafter described and complete said improvements
and recover all costs of completion incurred by the City from the
Developer.
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:
�w� 2
The East 483.74 feet of the land shown as Parcel Mos. 1 and 2, on
Parcel Map No. 1337 as per plat filed in Book 14. Page 92 of
Parcels Maps, records of said County, said East 483.74 feet being
measured perpendicular to the Nest line of Hellman Avenue as
shown on said map.
E3CEPTIN6 'therefrom Parcel No. 1 of said Parcel Map No. 1337,
Also excepting therefrom the East 334.74 feet of the land shown
as Parcel Was. 1 and 2, on Parcel Map No. 1337, as per plat filed
in Book 14, Page 92 of Parcel Maps, records of said County, said
East 334,74 feet being measured perpendicular to the Nest line of
Mellon Avenue as shown on said map. APM 1062 - 111-08
S. This conveyance is in trust for the purposes
described above.
6. Now, 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 statute, pertaining
to mortgages on real property.
7. 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 extent 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 Oeveloper 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.
i 4
3
IN WITNESS 'WHEREOF, the parties hereto have executed •
this Agreement on the day and year first above written.
CITY DEVELOPER
CITY OF RANCHO CUCAMONGA, MICHAEL A . ANPENN
CALIFORNIA, a municipal
corporation + ��v, ,( AJ 6W_ t
By:
—OFT—?—, Ce Fs
-
Mayor
ATTEST:
Beverly ut e e
City Clerk
.w.wu a....... +.. u.. a.au u• «..a....r,..w ww....:• u....e.0 u..
STATE OF CALIFORNIA )
) ss
COUNTY Of SAN BERNARDINO)
me
On ,19 ,before
the un ersigne Notary Public Dersona y appeared N L ,
personalty known to me to be the Mayor of the CITY Of RANCHO
CUCAMONGA, CALIFORNIA, a municipal corporation, and known 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 executed it.
WITNESS MY HAND AND OFFICIAL SEAL
Notary ignature
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO)
On this the Ochday, of August , lgd4 before
me,
the un crs gne o wry u61-ic persona y appeare
Dersona y nown to me
(g ) proved to me on the basis of satisfactory evidence
to be the Person(S) whose name(s) are subscribed to the
within instrument and acknowleged that the, executed it.
WITNESS MY HANG AND OFFICIAL SEAL.
®Reval Weddle C�lx J/`�i/ �IL%Je
wnw •- a<«.a.. )Mary Signature
sp �eAel aw II INA
NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, •
THE ABOVE ACKNOWLEDGEMENT IS NOT ACCEPTABLE. A
CORPORAT ION /PARTNEIfSRTF -KU REDGEMENT IS REQUIRED.
J
RESOLUTION NO. 0O_ 'IOW 4y '
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT
AND LIEN AGREEMENT FROM MICHAEL AND WANPEN POST 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 9232 Cottonwood
Way has been met by entry into a Real Property Improvement Contract and Lien
Agreement by Michael and Wanpen Post.
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 19th day of September, 1984.
• AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
jaa
F-1 IC I
'J/
Jon 0. Mike s, Mayor
0
•
CITY OF RANCHO CUCAMONGA
MEMORANDUM
September 19, 1984
TO: City Council
FROM: Harry Empey, Finance Director � ��-
SUBJECT: Redevelopment Agency Loan
It is requested by the Redevelopment Agency that the portion
of the loan be repaid by the R.D.A. (S912, 960. 38) to the
City again be loaned back to the R.D.A. This procedure will
ensure the unrestricted operations of the Redevelopment
Agency and all its funds. The total loan from the City to
the R.D.A, will still be as it was, in total $2,000,000.
HE /s 1
,-J 2
�Q GVCAMq%�
Y
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xi
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•
•
C,
CITY OF RANCHO CtiCAMONGA
STAFF REPORT
DATE: September 19, 1984
TO: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
BY: Lisa Wininger, Assistant Planner
l,<GAfp
SUBJECT: 1983 -84 COMMUNITY DEVELOPMENT BLOCK GRANT AND JOBS BILL
GRANTEE PERFORMANCE REPORT
I. ABSTRACT: In accordance with the requirements of the United States
Department of Housing and Urban Development for Community
Development Block Grant recipients, staff and the consultant,
Donald A. Cotton Associates, have prepared a Grantee Performance
Report (GPR) for the 1983 -84 Community Development Block Grant
Program and Jobs Bill Program. Staff is recommending approval of
the reports as required by federal regulation.
II. BACKGROUND: The purpose of the annual GPR is for HUD to evaluate
the use of Block Grant and Jobs Bill funds and the status of
programs for which funds were allocated. During fiscal year 1983-
84, the status of Block Grant programs showed significant
progress. The Rancho Cucamonga Neighborhood Center expansion
project began construction and is expected to be completed in
November 1984. Housing rehabilitation loans and grants were issued
to an increasing number of homeowners during the fiscal year. The
Jobs Bill grant contributed 28% of the total funding of the Hellman
Avenue reconstruction project and provided 33 jobs. The Grantee
Performance Reports indicate that the required benefit to low and
moderate income level residents has been attained and the goal of
fair housing furthered.
III. PUBLIC REVIEW: The required two week public review period expired
on September—T, 1984. No comments were received.
IV. RECOMMENDATION: Staff recommends that the 1983 -84 Community
Development Block Grant Performance Report and the 1983 -84 Jobs
Bill Grantee Performance Report be approved and the reports and
Resolution of Approval submitted to the United States Housing and
rban Oevel ent Department prior to September 28, 1984.
Res ct bV i tted,
R' k C ty
ttachments
?3
Li
•
It
t=
US OEPAPTMENT OF VOV]ING AND UFOAN DEVELOPMENT
COMMUNITY OE V ELOPMENT FLOCK GRANT PROGRAM
GRANTEE PERFORMANCE REPORT
NAME OF GRANTEE ] nO0RE880F GRANTEE s GflAHi NVMSE
City of Rancho Cucamonga P.O. Box 807 B- 81 -MC -06 -0556
Rancho Cucamonga, California
91]10
IERSOM WVO Cal .111 ANSWER OUEbt10Nb ACOUi Twi3 REPOPI f TELEPNON ENUMCEN
Otto Rroutil, Senior Planner (714) 989 -1851
iN15 PEPOgi CON51EiS OF ivE fOLLOWIHG FORMS SXPYIHG PROGRESS aCVIEVEO iv�SV v�-
June 10. 1904
a. M4n1Y Summxy(HUD4949.0).
h, St.. of F.. - Past I an0 Part I I (HUDIN9.JI.
s. Sutuf OI FVMf - Part III (HUDL1919.1) .
d. Duwo EIRWIit Aviyt— (HUDJEV9.5).
e. Acnonnp Attirmnnely Furth FEir Nwnlrq (HU04S,19.6/.
1. DaW.F.T ent(HUD- 19F911.
(Sea HUD HndMW 6510.5 "EnriHenml GrxrMPwyAMMM M Amdr (wthero na" for
.1. ON O"haw", IM GpR1
Tan As, Alan conh,11 an suafamoe by IN Gram Of the rnatmmnm of Me One of Commoner DeYeropmem Block
Gam ICOem funds to me communlly deulopmenr oblalno defer, W m tM G(amt bml n T,rw, of COTMMMtV
dayplopnent obleCUnf and polactad UM of funny.
0 The yatni PuMOnxM OlhO., ugauntalm WrVha tan
b) TGn rePorl cdnlaim all ,temf ,denl,lled m,Vrm6aM )abdre.
Ib) To the Heft of hNMr knaVNd, and x1pel the data , n Ina epatn% rue and correct as of The data ,n ,ham 6.
Id fadif a alwiry Md. aYSllahla a Ww IN COmmun., Devlaprnat 31.0 Grant ICDBGI P, ,rxn has not bean
uhhred to hNiNu fuUUnhally Tha amoVnl Of IOUI fin-cal fup xv, IOr wmmonvy denlOymem aryMhaa ON.
IN level Of turn fu, W1 pro, to IN fix, of IN most ncenhy wmpleted CDBG ptwarn War.
WARNING 6acuon 1001 al TnN U OI teas Unnad Smu Coda lbrmrnal Cone are hrmrm(ProrNUnl
MMI wds, Tw IN foreEOm9 u outs on. Title 10 prondea, anon, d1Nr Mirpa, Ihaf vN eru, knparlbV
aM wr111u11Y m4u a uuf a deanney, or wrmne non mMM, ay fJU, haUwf, or IraudulmuUlamant
entry, In any malls wiMin IN rynbrclion of any da,.t.1n, Or W rHy Of 14 Umtad SN" , start W
final not moan Mn 910,00o a ImpnwW not mono Mn find yews. or eoM.
9 iN,Ch GAME" ,HEED, AViNORIjf00R FILIAL PEFgEiEHiAIIVE
.Ian 0. Mikelb, Md VOr
lo. SIGHATV -[
tl DA![
/7 � IN <Fw M]M \x0E610]I
Grantee Performance Report: Assessment of Use of Community Development •
Block Grant Funds to City Community Development
Objectives
The 1983 -84 Community Development Block Grant Program committed the City of
Rancho Cucamonga to completion of one (I) project and one (1) ongoing program.
In order to support these projects and programs, the majority of funds
received were budgeted to them.
Rancho Cucamonga Neighborhood Center Expansion
The Rancho Cucamonga Neighborhood Center Expansion Project is a multi -year
project begun by the City in 1982 -83 and initially scheduled for completion in
two phases with the final phase being funded in 1983 -84. The first work phase
(1982 -83) included acquisition of a parcel of land adjacent to the existing
Neighborhood Center and design of the new building and site. The second phase
(1983 -84) involved completion of the design and construction of the
Neighborhood Center addition.
Design of the Neighborhood Center addition was completed in late 1983, and
bids were solicited for actual construction. Due to refinement of the design
to better accommodate disabled people and changes in construction materials
costs, the project will cost more to complete than originally anticipated. .
Therefore completion of construction activity stretched into 1984 -85.
The Center is intended to meet the need for an accessible facility for
programs for senior citizens available five days per week. The City's senior
citizen population is growing and has special needs for assistance and for
opportunities for social interaction. The expanded Neighborhood Center will
meet this need.
Housing Rehabilitation
In 1982 -83 the City established an ongoing, multi -year Housing Rehabilitation
Loan program and a Senior Citizen /Disabled Persons Repair Grant Program. The
Housing Rehabilitation Loan Program offers below market rate loans (with
interest written down by the City) to homeowners for a maximum term of fifteen
(15) years. The Senior Citizen /Disabled Persons Repair Grant Program offers a
one time non - repayable grant of $1,500 to individuals or families that meet
eligibility and income requirements.
During the past program year the rehabilitation loan program has been more
successful than the 1982 -83 program year in which no loans were made. The
City has, through its program subcontractor (County of San Bernardino Office
of Community Development) processed a number of applications, and four home
rehabilitation loans were funded. The Repair Grant program has also improved
its participation rate. In 1983 -84, thirty -two (32) emergency repair grants 41 were funded as opposed to twenty (20) in 1982 -83.
ry
• Grantee Performance Report
Page Two
V
E
Administrative Costs
In 1983 -84 the City budgeted approximately sixteen percent (16%) of its
entitlement award for various allowable administrative costs, including Fair
Housing Services, and a contingency fund. Again this year, administrative
costs were held at or below budget.
17 J
Ftrds Available
Amrnmt Amount Project For Caopletion or
Prograa Wdge[ed Expended Status Reprograming
1) Neighborhood Center $297,000.00 $407,599.00 Design camplete; ($110,599.00)
Expansion: Design construction
and Construction Underway
2) Hawing Rehabilitation $ 70,000.00 $ 60,391.00 Ongoing $ 9,609.00
3) Contingency $ 5,000.00 Entire a,noant transferred to Neighborhood Center
Expansion Project
4) Local Costs - Program
L.Plemnttation
(a) Administration $ 5,000.00
$ 8,971.00 Ongoing
(b) Program 4anagenent 55,000.00
3,002.00 Ongoing
(c) Fair Housing Services $ 5,000.00
$ 5,000.00 Cunplete
WrAL
$437,000.00 $479,963.00
($ 3,971.00)
$ 51,998.00
.p.
($ 52, %3.00)
•
•
7% /
7
E
"' EppoM
mfgm.E
UE.OEE."Amem, OF IgVSNIG AND.. MVELOFMENT P
PARE, .1 GNarok.
Pape 1 __ AT _ 1_ _Pry',
5 V
VVV
C.P. A
AMDUxi I
Inwas-e al 1
11
I.gryE Afl
aOpyyil ry w
w_[- ilv:iv .
ACT ly ITV A
a r
Va C
CIA o
a v
ACL DMILIWYE NifRTaiVE
NUY E
Aar a
q:
. .NAME. D
N H
He I
In h
`
l a
83 -1 P
Public Works and FFlcillties: Neighborhood Center 1
10 /82 Y
Y 4
407.6 5
500.6 1
110.6 0
0 A
A D
Deign ro.,leted and construc[lun
`:xpansion l
lonTrall :rded. Cuns[rnc[lun
Finalize design and begin C nsttuclhm of A separate u
underway and nxyuc[ed to be Com-
[nR [ Ch. e x u[L„ C1[Y-uwet Nelfibborb..d Center V
V1.1,d in ocl.bur, 1984.
The Win, NEll be Primarily for he use If senior
(Vends ir..m tl2 -tl3 end d
citizens. The facility Will be used dsbo[h for Vmgram (
d 1. .ty, a
and activities, and a [aglnR 'a a for [he Jellvury Y
ayerr`Rrnm c I
of —[vices and lnfurma[fon vital 1. seniors. 1
I.ocaEiun: 9791 Arrow Highway
Rapdm 1: ....go. California 91110
Census Tracts: -11
83 -2 R
Residential Rahablll[a[lon: Single Fam\ly 9
9182 x
x 6
60.4 8
80.4 0
0 9
9.6 A
A B
BRIR Rehahl l I,., lon I.oans fund.d:
(c i[YYWe In v arge[ areas) l
lloY and moderate Im:ome )
Conttmutinn of the, Ilmsin, Rehabilitation Program 1
1982 -81: 0 households
[hat Ofters belay -market Interest raze loans to 1
1981 -84: 4 h.... -1 Id.
persons and famlllos of In. ur much,-[¢ lncume oul A
AmL'ALurY NePatr [ :[a:
home Lm,EOV..... ,ran[, for min..[ p[.J..I. to sent,), (
(Inver income xn iors and Jlsabl
cl[IZens and disabled or nAudlc ,I d1 Persons. Tc[t- 1
19tl t -tl l: LO hunaehu Ws
Ville. Include: 1
19M 3 -tl4: T2 hunxchuld
- Outreach and public Information 5
5[a lu s: ong)TOR Program
- Rome Imomvement luana
- Rome rvPair gran[, isomer ct[laens, disable,d,
%madi."'Yd Pecans)
Ceusua tfavt,: 20,21,22
93 -3 G
General Adminls[ra[Ive Co.'.:
-- General management. oversight. and con[dlnaLion 8
8 /92 9
9.0 9
9.0 0
0 0
0
- -Fair RODSinq services a
6/92 5
5.0 5
5.0 0
0 0
0
IN CFp Fw: Ell) -NB E6E0 ]I
Fmm AAHm
9 newwv a.Bs
Dd c9R PM eNe He ulD.m
NAME OF GRANTEE
UL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CfCV Ra11cM10 CuCdrt
COMMUNITY DEVE LOPMENT BLOCK GRANT PROGRAM
Of on §d
GRANT NUMBER
GRANTEE PERFORMANCE REPORT
e- 83 -MC -06 -0556
STATUS OF FUN OSJARTS I AMP II
PERIOD COVERED
July 1, 1983 TO LURE 30, 1984
PART Is SUMMARY OF RESOURCES AND EXPENDITURES
COBS FUNDS
ISMiNEAPP /S1
L
UNEXPENDED CDSG FUNDS AT END OF PREVIOUS REPORTING PERIOD
f 15] 0
].
ADDITIONAL COED FUNDS RECEIVED
437.0
A ENTITLEMENT GRANT
f
(IUD -7082, line OKI
R. SURPLUS FROM URBAN RENEWALMOPSETTLEMENT
S G
INUOJOB], Irn DOW
0
e, PROCEEDS FROM LOANS GUARANTEED UNDER SECTION IN
S__
d PROGRAM INCOME RECEIVED DURING THE PROGRAM YEAR.
EXCEPT REVOLVING FUND INCOME,
S 0
SOURCE MOUNT
NI N "Ill. IUNO1111 /,1X11 IN1,T)MF RECF'VED 11P✓,C NE
0
PPI W IIAMYI AR nmrle. orm n /nn un,runD 4nww /nn Tr;u:.I
B
I rI III, fiililmn II Ii
I Ir1iAI AIIUITIONAL CUOr, FUNDS RFCFIVRO Rum nl l'neE 1, er
8
I
TOTAL COGG FUNDS AVAILABLE FOR USE CURING THIS REPORTING
PERIOD IRUn nl INP, 1,1
a _690.0
A
1;01117 II INNS E FPENDE0 DURING THIS REPORTING PERIOD
Ill', o.n nrrmy 6un,r.ry F—m, mnm 01911
S_480,0 _
I)III X'1 NI151111A LANCE OF COMG FUNDS AT END OF THIS
R L FOR t INL PE H I OD /me)rnmr, lme 41
S 210.0
PART II. OVERALL BENEFIT TO LOW AND MODERATE INCOME PERSONS
�-
6.
EXPENDI TU RES SUSIE CT TO PROGRAM BEN EF I T R ULES TH IS R E FOR TING PE R IOD
TOTALCOOLFUNDBEX PENDE O DU R I NO TH IS P EPORTI NO PE R IOD IImm lme4 E.RN1
S 48010
L. LEM PLANNING AND GENERAL ADMINISTRATIVE COSTS
idd l6Pmr in Aarrrty S.—I MAI OOlumn(911
S 15.0
c. TOTAL EXPENDITURES SUBJECT TO PROGRAM BENEFIT RULES
! /mu mlrrm lrrwel
f __ 466.r
).
EXPENDITURES PRINCIPALLY BENEFITTING LOW AND MODERATE INCOME
466
PERSONS DURING THIS REPORTING PERIOD OEtMWn rn A[frvUy SARI lormE, rolumn BOB
11 _
B.
PERCENT BENEFIT TO LOW AND MODERATE INCOME PERSONS
100
DMM ldf•/144415of5m6RH
9 newwv a.Bs
Dd c9R PM eNe He ulD.m
0
LLEG MITT E
EEPERFOR L
city of rancho cacamppba
1
1,.ly d
1
[-e P-
owexoxns.aai
1994
Y [p.....-of O[ wVinIial raracAcn NirrnE.NA. "i
u GRANTEE PERFORMANCE REPORT W
DIRECt SENENT AV IV1t1E4
x
City nt Rancllu Cucamonga
MANE.
M b^ dlNMf- 06 -0SSR
Y4_Lml_LPEp
xru
°xl0
TOf9E
r
u[ ICTAI NVYetN OE xOiAm.O,.IPEnSONi
ASSRYEO
Iex. rI WNO ANt
nC r1 V ITV NhNE
uYNEN O[
N OVSENOl0.i/
T
x
ASIAN x I
Clryll" y
wssYM
p
f~Nt
EMm
I xm re t nr �C
o ry
.A.
, I NsN
rx
x M
rwci It
E ...... ry »
-
(r)
(CI
Itl ll 1
I
IA,
lM
"I
44-
IS,
e3-2
Residential Rehabilltatlu" L.an
4(H)
IWX
)52
25% -- 25X
(fur I-- income h —cl..ld. in rive taller nreas)
Emergency Repair Grants
3201)
1002
65% 97Z --
--
3% -- 502
(Nor mmniuxs and disabled households)
1
I
I
I
I
xuM.ewYn
1994
r16-
0
V s oL o.l.t x T Of xousx a... ux LAN UevL LOVYLxr
�on...I I'poo mrutNreLO NANrsnoa,A- Ct, of Rancho ewe among. prpr 1 of_ I__ RM s
GRANTEE PERFORMANCE REPORT RANT NuMBEA -- - LRe OC.vERED
A010NS TO AFFORMIIYELY FURTHER FAIR MOUSING p0- 83 -Hb06 -0556 r]nl 1.19R ]une )0. I'
_ _Y yo _ ..
ACTIONSTAREN
a. inland Mediation Boa N: The City ton [racta viIh 1YB To pT.oidN
informa Ti.a. legal c ..ling. and mediation services for residents
vivo have ques U Ons or ..plaints regarding fall housing la.s and
landlord - reran[ disputes. IRB also holds workshops and pruv We.
information Ind referral an," ea IN all aspects of fair housing.
N.
.".LTS
A. sa istance has been provided t. reeidents of Manchu Cucamonga
I. fall...:
1961 -82: 81 cases
1982 -83: 145 care
1983 -84: 185 c..A.
I
VS OEIA NiME Ni OE ..USING ANV uN BAN OFV LOYMENi rvn xr .rr rxxnr°• -
COMMUNITY.EVELOIAIENTLLOC. G.9NI IFOORLM fl[Y Of Ra nc A. I:u [alm^rn Ra Pye nl. �- Pag11
GRANTEE PERFORMANCE REPORT x�lol PI �I YBE m JnnR 30 °190.4
DISPLACEMENT b- 83 -IIbOfi -0556 _ _ Y-
LOW AND MODERATE INCO41F ROIISFHO
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CONVIVNITY DEVELOPMENT BLOCK GF9NT 1.1O.AM
GRANTEE PERFORMANCE REPORT
O+:.vev :FE ]. L..R,aO.F G FAN :EE • �LAII IV -tpEN
City of Rancho Cacamon9a RanchooG:- �7onaa, CA 91770 -Ci= V -C6-0556
rl +som VnV CRY eEei aasvEP DUESrI FINS eaDVT TmS VCa s TELEPHONE NUMBER
Otto Kroutil, Senior Planner ,ir 989-1951
fi THS REPORT CONSISTS 01 FOL'_OIVIYG =0 V4 SSY01YIN.r PPOGPE09 aLNiEVECT F
June 50, I9e4
a. AoNR, Summary FMUD199921
Is Status of Fulls - Part 1 ao0 Part II MU13191931.
C. Status of 1I - Part III (HUD .9994).
Of Oveet 0ene4t AetmtMe (HUD- 49495).
e. ALSOO, to Affi,M ey FUI Fm HI ,HUD- 090961,
1 Oeolamment eNUO- 099971.
fSee HUD Handbook 65101 "EaRtlemml Gnmtt Performance RaI mnru[nonY''or
9mcan[e on[oped"N'1he ORR)
, Ten I Ae.Orl aNO [.Moms an attettm<nr OY me OF., P. of IF, rolvop',, of Me the Of COMM —y Development Blne,
Grant IC00G1 fund, In Re mmmUnnv Eeretorn tOCR[t.rrt onto, Owns In the Grantee t M1ral tutemefs of CommumlV
o... MI de, ..twe........ Find use of fund,.
R The grantee l aurhoN,ed Olfic.al ttpretlntiNre [erW es that
01 Tad rpoF oRIaM, all H ems ,uem. led m nemt 6119 ) Some
IS) To the Ent of NRMI knowledge and betel the data m th,s rr For t t, ue an, to ..t[t as of me Fall mgem6
Ti Feonral a4upanu made rva,bble undo the COmmumty Oeveloomen t RoCV Gran I IC O BG I Plogrnn no, Een
v Ned to educt, 4uLnaminly me ampunt Of I tmaR,nNI'or Con.mvlty dewlopmenumv,IRN Elow
me Inw, Of wm motion onor to the tort of The most mont h onmoleed CGBG mngnm vn,.
WARN' G: SHN.. fact .1 TWA ti Of the coned Bull, CAP, renmmm Code all Cr,mmal PrdRdurel
Shelf apply to the foregmng carllFeallom Tnla IB provelet, among other Only , Ihal who nal, knamnglY
and n,l OR, ..Mae of were a doeumnt or nnNng conlNnm9 why IalN. fnefloua, of Ilau ltshpa ttattMn,
I manor nllhm Iht Iurlsanoon of any aeparlmtm Of yang Of the Urvud Bunt shall Et
hnedtTo, nor Than$10,000 or NFIRR ed not morn Shan 1,11 Yeut or both,
9 TYPE V NAME AND T I T LE Or AUTROM i}EO Of E ITS AL nEPRE SEN TA tI YE
Jon O. Mi kel s, Mayor
\b SI4HATVPfi DATE
I
CP91w \SSAMgaa1P. }�
7. Assessment of the relationship of the use of Jobs Bill funds to •
the objectives described in the statement of objectives.
The 1983/84 Jobs Bill Grant to the City of Rancho Cucamonga
was expended on the�Hellman Avenue reconstruction project.
The objectives of the project as stated in the City's appli-
cation of May 2983 were:
- Foothill Blvd, and Hellman Avenue intersection,drainaae
and traffic signal improvements.
- Hellman Avenue, widening & reconstruction from San
San Bernardino Road to the Pacific Electric Railroad
tracks.
- Beryl - Hellman storm drain construction from Alta Loma
Street to the Cucamonga Storm Drain.
Of the $590,813 cost of the entire project, $168,000 or 28;� of the
total project was funded by Job Bill money. Only direct construction
costs were billed to Jobs Bill funds, with all administrative costs
absorbed by the City in their portion of the project cost.
•
•
V
b
ONB Ne ...
YS C EGIAflNATNNE xT Oi O ADAN OINII.IYNxTcity of RdnC10 i1C J Ongd
OYYYNTY DEVf LDME NT BL OC[I PNr eNp:n A
TEE PERFORMANCE REPORT Wert .N.In
AtnmTy sUYYARr B -83 -I -06 -0556 _
P_ I °I_L —PYi
eERlaoEwERfo
July 1, ]983 -TO June 7(1, -1989
y
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ac ANOUnT'DI
—eAin
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_
ACTIVITY NAME. OESCPIPTION AND LOCATION
xq /YEAR
ACT VIly
/
ACiu ITY
ALL DYe LItMME H i515iAluS
ALIWIIY
wwvf
uuufu
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Hellman Avenue Reconstruction - Street improvements.
6/83
%
$168
$16B
$0
$0
C
lie] Loan Avenue recanstruCtion
street widening, improvement of signals, construction
100; complete.
of a new storm drain. Praj nct located on sections of
Hellnwn Avenue between 1981 St. and Foothill Blvd. in
Jobs provided:
the City of Rancho Cucamonga.
33 construction
0 nun- construction jabs
33 total jabs
(see t/)
v t IY{L
1]+CFN Y+x SlD fi xB fi510 ]1
IF I
AR 9
IH [FR FF^ 510 A Hfi510 ]I
nE Or un lM1tEE
US DEP.LRTNENT OF Y0V51NG ANO V'PecN N"FLOPMENi
CoMI,U.NITV BLOCK UPINT' -.o'PN
[1(f OF Rdl!Ch0 E'JCd1 1qA
4n4NT 1U.SEP
GRANTEE PERFORMANCE REPORT
B- 93 -PJ -06 -0556
STATUS O F F ON 054ANTS I AND N
LSIOO COV[sE0
JU 111. 1981 TO June 30 :981
PART 1: SUMMARY OF RESOURCES AND EXPENDITURES
CDBG FUNDS
ID`F.Oaal$l
1. UNEXPENDED CDBG FUNDSAT END OF PREVIOUS REPORTING PERIOD
5 U
3. ADDITIONAL CDBG FONDS RECEIVED
a, ENTITLEMENT GRANT
S.fi2
11ID -7069. 1me gel
L. SURPLUS FROM URBAN n ENEWALTIDP SETT LENIENT
S 0
(NVDaOB), one IOCI
. PROCEEDS FRO.! LOANS GUARANTEED UNDER SECTION 109
$ U
I PROGRAM INCOME RECEIVED OUTING THE PROGRAM YEAR
EXCEPT REVOLVING FUND INCOME.
S
iDURCE MOUNT
III. /IrI /I•.r r'I'rD PPrr'Fi.r.'I. •rl n =,,EI /cn :� c
0
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vITAI I'.DII4 PUND) AVAILABLE FOR USE DURING TUIS PEPORTIN(I
I'l rrrrcl
168
H IOD 11,11 r.rr 1111911
A I'.08r;r PlllS I /P4 bDF D DUD ING THIS REPORTING PEP ICD
168_
L,. mr wrr ,rl.r l,.IV Sr „rr .Iry Fl nT, eoronrn 1pu
5
I Iell '•PEN(ll'i9 9ALANCE OF cone FUNDSAT END OF THIS
D
DI PDHTNI, I L RIDD Ill,13, vt11141
S
PART II OVERALL BENEFIT TO LOW AND MODERATE INCOME PERSONS
i
6. EXPENDITURES SUBJECT TO PROGRAM BENEFIT RULES THIS REPORTING PERIOD
TOTAL CO BIG FUN D5 EXPENDED DOPING THIS REPORTING PE R 1001 /mm ene l aoowl
5
0 LESS PLANN I NG AND BE NERA L ISOM I NIST SAID V E COSTS
IIIR rn Aelrvl11 SVmmvV lean T '.1—I PrI)
S
C, TOTA L EXPEND I TU R ES SUBJECT TO PROGR AM BE NE F IT RULES
IAIre A—,I nM el
S . —..-
1. E XPENOI TO R ES PR I NCI PA LLY BEN EF I TIDING LOW AND 6100E R ATE INCOME
PERSONS OUR ING THIS REPORTING PER 10D OF Shown m AD-,, SII—.1 /ermF. column (1)1
5 -
B. PERCENT O ON E FIT TO LOW AND MODE RATE I NCOM E PE SIGNS
IIIM J H APMCenI OI NM SAO,
AR 9
IH [FR FF^ 510 A Hfi510 ]I
U COMNUNITV QEVEEOVNENT BLOLa 4N A e T[IiWRAMVa
P, j of _j Pqa
—
GRANTEE PERFORMANCE REPORT
STATUS Of 10005 -PART III
City of Rancho Cucamonga
0- a3 -Rd -D6 -4556 nu COV [Nlti
iPfxJlllr 1, 19aJ to June l0. 198C
REVOLVING FUNDS AND
LUMP SUM DISBURSEMENTS lTa.i dal COBG
nsra- .,ccuur�xioo�xc
SI
NnnLnIFSNAUE
II.1LnNC [il Nl]
ii
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IIUS VLVpviix<. I: viuU
ANCE OF fUNOS IN
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[ar[vu iun[s
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LETTER o[[NFOT
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GRANTEE PERFORMANCE REPORT
BINECT BENEFIT ACTIVITIES_
m <aIV'Ie, vnNeito
om,
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Not RPPIi Ca Dle
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City of HanCAO Cuc,lmonga rye__ oft PF)"
ni�un cnvwr I
�C- B3 -M.Itl 06 -0556 duly —L.. l`2LSm_
FEIICS IOF Iui OO.Fl,11 ...... i
a
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MCGAMUffttt xE OCxPVlo' 1xnwmnry uc OOGKAEx. ".•••' 'y' " " "•.. of
mmvnrry oeo ewrvuni eum +a,.•rr n.umn ^' Li [y of Rancho Lunm,on94 _. _ —. __. _. _ _ _ ___.___ ___ _ .Page i_ _ -___
GRANTEE PERFORMANCE REPORT d Lod 30,19!
O'SPL Ar.EMENT__ r0_L)- 113 -Oi SG
1001 AND MOUE RA fE INCOME IIU111f HOLDS DISPLACED DURING THE LOST COMPLETED PROGRAM YEAR
rr u5[,ruEUSx[srx,Nr.,rr 1, 5 rrr irr♦ A -ooI A""' III
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i.rnriv1lx .vr xt, Nrl n ron x, xrr r t vxwrr xAlt "S rAx, vAxn[ nx,c, rLIS x,c,ry n 'vt 1
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O Not WlicaDl@ I j
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TOTALS
J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE 1983 -84 COMMUNITY
DEVELOPMENT BLOCK GRANT AND JOBS BILL GRANTEE PERFORMANCE
REPORTS AND AUTHORIZING THE MAYOR TO SIGN SAME.
WHEREAS, in 1983 -84 the City of Rancho Cucamonga, California,
conducted a Community Development Block Grant Program and a Jobs Bill Program;
and,
WHEREAS, the 1983 -84 Community Development Block Grant Program and
the Jobs Bill Program have been discharged according to Federal requirements;
and,
WHEREAS, the preparation of a Grantee Performance Report evaluating
the programs is required by federal regulations; and,
WHEREAS, the Grantee Performance Reports have been advertised as
available for public review for the required period; and,
WHEREAS, the Grantee Performance Reports are required to be approved
by the City Council prior to submittal to the United States Housing and Urban
Development Department.
• NOW, THEREFORE, BE IT RESOLVED, that the reports are hereby accepted
and the Mayor is authorized to sign and submit the 1983 -84 Grantee Performance
Reports to the United States Housing and Urban Development Department.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
is
Jon D. Mike s, Mayor
a�
CITY OF RANCHO CUCAMONGA
MEMORANDUM
Date: 9 -19 -84
To: City Council
From: Harry Empey, Finance Director
Subject: Amendment of Resolution @83 -158
CU Mk'
ar T
Z
ID
1977
Resolution 1183 -158 is presented for amendment to the City Council
for purposes of deletion of Section 4.
It has come to our attention that with the issuance of the tax
allocation bonds by the Redevelopment Agency that there no longer
exists any tax increment for purposes of paying interest to the
City. The only monies available are loan proceeds from the City,
and it seems inappropriate for the City to loan the R.D.A. money
only to have the R.D.A. pay it back in the form of interest. Also,
for the same reason, any past interest should also be ignored.
Therefore, it is recoamended that Section 4 of Resolution 1183 -158
be deleted, and all past due interest be forgiven.
9 z
• RESOLUTION NO. 83 -158A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A LOAN TO THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY
WHEREAS, the City Council, in accordance with the provisions of the
California Community Redevelopment Law, has created a Redevelopment agency
Administrative Fund for the purpose of accounting for administrative expenses
of the Rancho Cucamonga Redevelopment Agency and funds advance therefore by the
City Council; and
WHEREAS, the City Council from time to tome desires to loan funds to
the Rancho Cucamonga Redevelopment Agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as follows:
SECTION 1: That an initial loan of $1,500,000 is hereby appropriated
from Reserves to the Rancho Cucamonga Redevelopment Agency Administrative Fund
for administrative costa as they apply to the Rancho Cucamonga Redevelopment
Agency in accordance with the Agency's approved fiscal budget.
• SECTION 2: That as increment is received by the Agency, said
increment shall be used to pay off loans from the City of Rancho Cucamonga.
TION That add' ml to as requir shall be de to the
Agency in o er that Icrement re ived by a Agency sha 1 bf- fepl cee .by 1 an
pv ceeds. —
i
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
17
Jon D. Mikela, Mayor
r]
J
•
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 19, 1984
TO: Mayor and Members of the RDA /City Council
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
1977
SUBJECT: ENVIRONMENTAL IMPACT REPORT FOR CONDITIONAL USE PERT
HFA ASSOCIATES - Review and consideration of MI a
supplemental nvironmental Impact Report (EIR) prepared
for 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, west of Interstate 15 - APN
227- 201 -35; 227 - 211 -30.
Related File: Conditional Use Permit 84 -06
BACKGROUND: Pursuant to the Redevelopment Participation Agreement for
t e—h reg%nal center and the conditions of approval for the Victoria
Planned Community, a supplemental Environmental Impact Report has been
prepared to focus on the areas of drainage, traffic, and aesthetics.
The purpose of tonight's hearing is to receive Agency /Council input
regarding the content and adquacy of the draft EIR prior to preparation
and certification of the final EIR. Input from the Agency /Council and
Planning Commission, as well as interested agencies and the general
public will be responded to in the final EIR. It is anticipated that
the final EIR will be scheduled for the Agency /Council certification on
October 17, 1984.
The attached staff report provides a detailed analysis of the
preparation and content of the draft Environmental Impact Report. The
Planning Commission reviewed the draft EIR at their August 22, 1984
meeting and recommends that the draft EIR is adequate.
RECOMMENDATION: The Planning Commission recommends that the City
ounc gency review the draft EIR and make any appropriate changes or
modifications.
Re ectfu ubmitted,
r Pla ner
:jr
Attachments: Planningy Commission Staff Repart - August 22, 1984
nraft FIR (nrav7nue tv Aie.n 4Au..d1
NOTE: See RDA Agenda for backup information.
-?V
/ TT /AS D A TV.TSIA
STAFF REPORT���
DATE: September 19, 1984 197-
TO: Members of the RDA /City Council
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 84 -06
- H - 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 227- 221 -30.
BACKGROUND: Pursuant to the Redevelopment Participation Agreement, the
eveToopor the regional shopping center, HFA Associates, has prepared
a conceptual master site plan and use permit application for the
Agency's review and consideration.
uccooer 1/. lyaq. Ine Planning LOmmission held a special "design review
workshop" to review the master plan concept on June 19, 1984 regarding
three major design concepts: (1) site planning; (2) landscaping; and,
(3) architecture. The attached staff report of June 19, 1984 provides a
detailed analysis of these three major issues and a summary of the
Commission's action is also provided. In addition, the Planning
Commission held a public hearing on August 22, 1984 to review a
conceptual master plan and use permit and the revisions to the site plan
that were made based upon the design review workshop.
The Planning Commission felt that the proposed site plan and concept was
not representative of an outstanding regional mall. Particularly, the
Commission recommended that the lake should be the form- giving element
for the mall, as envisioned by the Victoria-7ommunity Plan. The
developer will present a revised site plan tonight to adders this
concern.
CITY COUNCIL STAFF REPORT
EIR - CUP 84- 06 /HFA Associates
September 19, 1984
Page 2
•
RECOMMENDATION: The Planning Commission recommended approval of the
Conditi'ona� Permit for the conceptual master plan with conditions as
outlined in the attached Resolution. Pending completion of the final
EIR, the Conditional Use Permit will be brought back for final action on
October 17, 1984.
Rjj� ectfu ubmitted,
tme Planner DC:jr
Attachments: Planning Commission Staff Report - August 22, 1984
Planning Commission Resolution
City Council Resolution with Conditions
•
NOTE: See RDA Agenda for backup information.
•
a�
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 19, 1984 19
TO: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: APPEAL OF PLANNING COMMISSION DECISION DENYING TENTATIVE
TRACT - LINCOLN - he deve opment of condominium
units to a rente as apartments) on 11.11 acres of land
in the Medium -High Residential (14 -24 du /ac) district,
located at the northwest corner of 19th Street and
Archibald Avenue - APN 202- 101 -21 and 22.
Related Files: General Plan Amendment 84 -02 B and
Development District Amendment 84 -02 B
SUMMARY: The Planning Commission, at its meeting of July 11, 1984, held
a pub is hearing to consider the above - described project. The primary
issues discussed by the Planning Commission and findings for the
projects denial were compatibility of the project design with the
surrounding single family neighborhood character and providing adequate
density transition along 19th Street. The site was also included in the
19th Street Corridor General Plan and Development District amendments to
lower its present density range of Medium -Hi h Residential 14-24 du /ac
to Medium Residential 8 -14 du/ac , based upon the recommendations of
the Planning Commission.
In response to the Commission's concerns, the applicant has prepared
revised building plans for buildings one and two located along 19th
Street, as shown in Exhibit "A ". The new plans indicate a 1 -story
structure which reduces the total number of dwelling units to 192, with
a project density of 17.3 du /ac. This amendment is an attempt by the
applicant to provide greater transition of density and sense of
compatibility with the single family neighborhood on the south side of
19th Street. 4owever, this is still greater than the Planning
Commission's proposed density in the Medium (8 -14 du /ac) district.
Attached for your review and consideration is the Planning Commission
staff report which fully outlines the policies and issues applicable in
this case. Also attached is a copy of the Commission Resolution of
Denial and Minut-. of the meetim, July 11, 1984.
y-7
CITY COUNCIL STAFF REPORT
Appeal - Tentative Tract 12597 /1-incoln
September 19, 1984
Page 2
•
RECOMMENDATION: The Planning Commission recommends denial of the appeal
request based upon the findings and facts contained within the
Resolution approved on July 11, 1984.
Attachments: Appeal Letter
Planning Commission Staff Report - July 11, 1984
Planning Commission Resolution of Denial
Planning Commission Minutes - July 11, 1984
Exhibit "A" - Revised Elevations
•
C,
J
YAM'
l J
C
COW PROPERTY COMPANY
July 12, 1984
Mr. Dan Coleman
CITY OF RANCHO CUCAMONGA
Planning Department
P.O. Box 807
Rancho Cucamonga, CA 91730
RE: TENTATIVE TRACT 412597
Dear Dan:
t�
�l�r_ a�celvEa _
OF NCHn COCASt
PLANN NING UIVI$ICN GNGo1
JUL i "a i98
4V
7j8191Atll11211t21314IS16
d
As discussed, we wish to appeal the decision of the Planning
Commission in its decision regarding the above - referenced tract
map. This decision was rendered on July 11, 1984.
We now ask to be placed on the next available City Council Agenda
for review of this matter.
Thanks again, and please call if you have any questions.
Sincerely,
LINCOLN PROPERTY COMPANY
7 RICHARD W. DICRASON
Director of Development
RWD:mn
cc: S.W. Group
Togawa and Smith
16152 Beach Boulevard Suite 160 East Huntington Beach. CA 92647 (7141841-1419
99
7
U
9
nrmv nn n rrn n
____ __ ..... . ...._ _.. `L M+.yO
STAFF REPORT _.
DATE: July 11, 1984 19
TO: Chairman and Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Dan Coleman, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 12597 -
LINCOLN - The development of condominium units on
1T. acres of land in the Medium -High Residential (14 -24
du /ac) district located on the northwest corner of 19th
Street and Archibald Avenue - APN 202- 102 -21 and 22.
I. PROJECT AND SITE DESCRIPTION:
A. Action Requested: Approval of site plan, elevations and
issuance a Negative Declaration.
B. Purpose: Development of 200 condominium units (to be operated
as apartments).
C. Location: Northwest corner of 19th Street and Archibald
Exhibit "A ")
D. Parcel Size: 11.11 acres
E. Project Density: 18 du /ac
F. Existing Zoning: Medium -High Residential (14 -24 du /ac)
G. Existing Land Use: Single family residence
H. Surrounding Land Use and Zonin (Exhibit "B ")
North - vacant propose Fee way); Low Residential (2 -4
du /ac)
South - Single family residential and vacant; Low Residential
and Office /Professional
East - Vacant and Neighborhood Shopping Center;
Office /Professional and Neighborhood Commercial
Hest - Office, Post Office, Fire Station;
Office /Professional and Medium -High Residential
o�
ITEM D
PLANNING COMMISSIOr TAFF REPORT
Tentative Tract 125 /Lincoln
July 11, 1984
Page 2
I
H. Gener Plan Desi nations:
roject al ite - Ie wm -High Residential (4 -14 du /ac)
North - Proposed Foothill Freeway and Low Residential
South - Office and Low Residential (2 -4 du /ac)
East - Office and Neighborhood Commercial
West - Office and Civic /Community
I. Site Characteristics: The project site contains a single
family residence an 83 mature trees of different varieties
including a Eucalyptus windrow. The majority of the site
remains undeveloped and slopes to the south at approximately a
4 % -5% grade. The site is bounded on the north by the proposed
Foothill Freeway corridor.
J. Applicable Rtions: The Development Code permits multiple
fames wef iTIneg gs ula-in the Medium -High Residential District at 18
du /ac under the Basic Development Standards.
II. ANALYSIS:
A. General: The proposed project consists of 200 condominium
units. The applicant has indicated their intention is to •
initiall o erate the roject as apartments with the
possibility of uture conversion to condominiums. The proposed
tract map is for condominium purposes, therefore conversion to
condominiums would not require additional City approval.
Typically, the units are stacked in 2 -story building
configurations with 1- and 2- bedroom floor plans. Recreation
facilities will include a pool, spa, tennis court, tot lot and
large open lawn areas. Access to the project will be provided
from both 19th Street and Archibald Avenue. These access
points will become combined driveways to serve the future
office project at the intersection.
B. Issues: The issues associated with this project for the
1TT•anning Commission's consideration are:
Does the proposed project meet the goals and objectives of
the General Plan and the Development Code?
What is the appropriate land use (and related housing
types) for this property?
Is the proposed project ccmpatible with the surrounding
neighborhood?
•
/J/
•
PLANNING COMMISSIOr 'TAFF REPORT
Tentative Tract 121._. /Lincoln
July 11, 1984
Page 3
The first issue relates Lo the intent of the General Plan and
Development Code to promote proper transitions of density. The
General Plan established six residential density categories
"with a range of building intensities (density) that allow
flexibility to deal with various site constraints and
opportunities ". The General Plan designated this site as
Medium -High Residential with a density range of 14 -24 dwelling
units per acre. The Medium -High category is typified by
low -rise condominiums and apartment buildings. The project
site was considered appropriate for higher building intensity
because it is located along the 19th Street transit corridor
and adjacent to the future freeway corridor.
The size and shape of the project site provides an opportunity
to cluster higher densities on the north end of the site to
provide a proper transition of density. The ultimate density
allowable for any given project is to be determined through
review of the opportunities and constraints of each site. The
proposed project density is 18 du /ac; whereas, the single
family tracts to the south and southeast range from 4 to 6.5
du /ac. Therefore, this project represents a significant
• increase in density as well as the intensity from the
surrounding residential area to the south. The proposed
project site plan, Exhibit "D ", indicates two buildings
approximately 55 feet from 19th Street. These two buildings
are 1 -story on the south sides with a long sloping roof up to
the 2 -story on their north sides. Although a 1 -story design is
provided on the south side, the mass or intensity of those
buildings is still significantly greater than the 1 -story
single family houses on the south side of 19th Street.
The second issue re ardin land use is the primary issue
re ardin this pro 'ect. In addition, the land use designation
relates to the pro uct type associated with the density
range. The project site is located within the 19th Street
Corridor study area boundary. Recently, the Commission
directed staff to investigate a potential land use amendment on
this project site. The intent of this study would be to amend
the density range to provide a better transition of density and
compatibility with the predominantly single family areas south
of 19th Street. The Design Review Committee cautioned the
applicant that it may be premature for the Planning Commission
to consider a development proposal on this site because of the
pending 19th Street Corridor Study.
/o i
PLANNING COMMISSIO/ TAFF REPORT
Tentative Tract 12;.. /Lincoln
July 11, 1984
Page 4
J
The third issue relates to the impact off is ro'ct� upon
surrounding properties. Neighborhood compatibility is one of
the critical concerns for project design identified by the
Development Code's Absolute Policies and Design Guidelines.
This project conflicts with the following policies and
provisions of the Development Code:
1. The project must be compatible with and sensitive to the
immediate environment of the site and neighborhood
(Section 17.08.050 B.1). The proposed 2 -story apartment
product was reviewed by the Design Review Committee and
determined to be incompatible with the adjacent story
single family neighbohood in terms of architectural
design - scale, bulk, building height and neighborhood
character.
2. The project design must effectively mitigate the aesthetic
conflict between the proposed development and surrounding
land uses (Section 17.08.050 8.2). The project design .
consists of large, 2 -story apartment buildings that are
significantly different from the surrounding neighborhood
in terms of architectural design - scale, bulk and •
building height. The Design Review Committee recommended
that the project design does not adequately address this
concern and could result in a conflict aesthetically.
3. The project design should preserve mature vegetation as a
design element (Section 17.08.090 C.1). The proposed site
plan indicates preserving only 7 of the 21 existing pine,
maple, and elm trees that are most desirable for
preservation.
4. The mass and scale of the buildings should be
proportionate to the surrounding development (Section
17.08.090 D.3). As previously discussed, the proposed
large 2 -story buildings are significantly greater in mass
and scale than the adjacent single family detached homes.
C. Desi n Review Committee: The Committee's consensus was that
the proposed -story apartments and project density may not be
appropriate in terms of providing proper transition of density
and neighborhood compatibility with the existing single family
detached homes to the south. Further, the Committee indicated
that the would not recommend a roval of the architecture
regardless of the project's densi ty, The Committee felt that
the proposed architecture did not adequately meet the intent of
the General Plan and Development Code Absolute Policies •
regarding neighborhood compatibilty in terms of scale, bulk and
/03
PLANNING COMMISSIOr TAFF REPORT
Tentative Tract 12.._. /Lincoln
July 11, 1984
Page 5
building height. The Committee recommended that the applicant
prepare alternative design solutions that break up the large
building mass by sliding the floor plans to create greater
variation on the building face. In addition, the Committee
recommended that the architectural design be redesigned,
emphasizing a single family character in terms of articulating
each dwelling unit to provide individual identity per General
Plan policy. The roof design should also be revised to reduce
the large continuous roof mass inconsistent with surrounding
single family character.
In terms of the site plan, the Committee recommended providing
single story units along 19th Street, larger open spaces,
combined driveways with the office site, tree preservation , and
grading to keep building pads along 19th Stret as lo w as
possible. The applicant has revised the site and grading
plans, as shown in the attached exhibits, to reflect these
concerns. The applicant is willing to transplant existing
trees worthy of preservation. The Committee recommended
approval of the site plan subject to providing 1 -story
huildings a ong 9th trei
• In response to these recommendations, the applicant provided an
offset in the building face by sliding the floor plan in the
center. The roof design was adjusted accordingly wherever the
floor plan was altered or the foundation was stepped. As
previously described, the two buildings closest to 19th Street
were redesigned with 1 -story apartments on the south side to
reduce the building mass. However, this resulted in a large
expanse of tile roof mass as shown in Exhibit "G -311.
These revisions were reviewed by the Committee and considered
to inadequately address their concerns. Further, the Committee
indicated that the architectural desi n of all buildin s not
3ust the t tree[ streetscape, was a concern. a ommittee
recommended tat, at a minimum, a buildings /units along 19th
Street be single story.
D. Development Review Committee: The Committee was concerned with
minimizing trattic contlicts, particularly left -turn movements,
on 19th and Archibald. Therefore, the Committee recommended
that the access points be relocated and used as combined
driveways with the future office project on the corner, as
shown in Exhibit "D ".
`J
/01/
PLANNING COMMISSIO TAFF REPORT ("
Tentative Tract 125 . /Lincoln
July 11, 1984
Page 6
Grad 1n Committee: The Grading Committee was concerned with
minimizing the "grade differential along 19th Street and
recommended that the pad elevations not exceed 5 feet above
curb grade. The Committee approved the revised conceptual
grading plan, Exhibit "F ", subject to the conditions listed in
the attached Resolution of Approval. The revised building pad
elevations are generally 2 -5 feet higher than the curb
elevation.
F. Environmental Assessment: Part I of the Initial Study has been
completed by the applicant 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 impacts:
Iact• This project will result in the removal of 14 of the
21 pine, maple, and elm trees considered worthy of
preservation.
Mi�ti ati�on: The applicant proposes to transplant, wherever
possible, the remaining 14 pine, maple and elm trees. In •
addition, the majority of the existing Eucalyptus windrows will
be retained. The project will be required to plant new trees
at a rate of 60 trees per gross acre.
Impact: The proposed project density of 18 du /ac is a
an
sus tial increase in density for the immediate
neighborhood. In addition, the project design does not provide
proper transition of density and neighborhood compatibility as
required by the General Plan and Development Code.
Mitigation: One possible mitigation is to provide only single
story units along 19th Street and redesign architecture to be
compatible with the adjacent single family character and
transition the density to the rear (north) of the subject site.
Impact: The proposed project consists of large, 2 -story
apartment buildings that are significaintly different in
architectural design, scale, bulk and building height with the
surrounding neighborhood. Therefore, this project would be
aesthetically incompatible with and insensitive to the
immediate environment.
Miti ation: See Design Review Committee recommendation
previous y discussed.
•
PLANNING COMMISSIOY TAFF REPORT
Tentative Tract 121.,.. /Lincoln
July 11, 1984
Page 7
III. FACTS FOR FINDINGS: In considering a residential development
project, the Planning Commission must make 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 building design and site plan are inconsistent
with the provisions, intent, and purpose of the Development
Code, particularly with regard to neighborhood compatibility.
2. The proposed building design and site plan are inconsistent
with the policies and intent of the General Plan, particularly
with regard to proper transition of density.
3. The construction of this project will have a signficant impact
in changing the number of existing trees by removing 14 out of
the 21 trees worthy of preservation.
IV. OPTIONS: The following options may be considered by the Planning
o- wniss
• 1on:
1. Conditionally approve the project with modifications to address
the concerns for proper transition of density and architectural
compatibility. A Resolution of Approval, with appropriate
conditions, is attached for your review and consideration.
•
2. Deny the project due to inconsistencies related to the intent
and provisions of the General Plan and Development Code. A
Resolution of Denial is attached for your review and
consideration.
3. Continue this project pending further action regarding a land
use amendment on this site as a result of the 19th Street
Corridor Study. This would require the consent of the
applicant and authorization to extend the processing time
limits established by State law.
V. CORRESPONDENCE: This item has been advertised as a public hearing
in h—T a Da iy 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.
PLANNING COMMISSIOV- TAFF REPORT
Tentative Tract 12 . /Lincoln
July 11, 1984
Page 8
VI. RECOMMENDATION: It is recommended that the Planning Commission
review and consider all material and input on this project. If the
Commission can support the facts for findings, then adoption of the
attached Resolution of Approval with conditions would be
appropriate. If the Commission cannot support the facts for
finding, then adoption of the attached Resolution of Denial or
continuance by minute action would be appropriate,
ly');ubmi tted,
¢ity Pianner
RG:DC:jr
Attachments: Exhibit "A" - Location Map
Exhibit "B" - Site Utilization Map
Exhibit "C" - Subdivision Map
Exhibit "D" - Detailed Site Plan
Exhibit "E" - Landscape Plan •
Exhibit "F" - Grading Plan
Exhibit "G" - Elevations
Exhibit "R" - Existing Tree Locations
Initial Study, Part I
Resolution of Approval
Resolution of Denial
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• INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: S87.00
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:
':::e Coe= -`l.ne =Pact 12597
APPLICANT'S NAME, ADDRESS, TELEPHONE: Lincoln
^)C, Inc„ ,6152 Beach Blvd., Ste. 160 East, dnt Llgtc
NAME, ADDRESS, TELEPHONE OF RS:rtN TOr BEr`CO.NTACT 1B
CONCERNING THIS PROJECT:
Blvd., Ins Angeles, CA 9006 _ 4 �- 1 —.
LOCATION OF PROJECT (STREET AODRESS ANO ASSESSOR PARCEL NO.)
11,7 acres, NW corner Archibald and 19t-." 2- 102 -21 "and 202 - 101 -22
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS :——
9 I -1
// Q
PROJECT DESCRIPTION
DESCRIPTION OF PROJECT: The applicant plans a 232 unit condominium •
ceve opnen . - -
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND
PROPOSED BUILDINGS, IF ANY: 11 • acres. Existing SF zesidence
estimated to be 3500+ sq. ft. Proposed develop ,UUU +yE W. ft.
DESCRIBE THE ENVIRONMENTAL SETTINn JF THE PROJECT SITE
INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES),
ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF,�PERTIES, AND THE DESCRIPTION OF ANY
EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS);
is generally level. There are no known cultural or
io the west a developed is uesignatEC OF To the MJ a well site is
aesigna_eo
ere are a total Or b2 trees; located on the property f63 eucalyptus, 8
pine, � elm, pi us om umgeratu , iqu r). relvrsrary grag .g
anid site plans sub-Attac indicate tnat �,t existing trees would be
sa :•e
Ali V
re,es will replaced on a basis with trees
w ic., wr visually ..pemen ,e Proposed Project.
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?
Project is r.lenned as t•:.o phase Frc3ect. Phase one will consist
cf 108 UT Ia s (80 iB?, 68 2BP) with 320 parking sxces includir,3 42
guest spaces, and all recreational facilities Phase two
consist cf 64 •.kits (32 iBP., 32 2BR) with 122 park Log spaces, incicdu:g
16 guest spaces. •
I -2
/;! d
� C
WILL TNIS PROJECT:
YES NO
X 1. Create a substantial change in ground
contours?
X
2.
create a substantial chance in existing
_
noise or vibration?
H
3.
Create a substantial chance in demand for
— _
municipal services (police, fire, water,
sewage, etc.)?
4.
Create changes in the existing zoning or
general plan designations?
5.
Remove any existing trees? Row many ?__
%
6.
create the need for use or disposal of
—
potentially hazardous materials such as
tcxic substances, flar=ables or explosives?
Explanation of any�YES answers above,
1r.P3RTANT: If the protect involves the construction o'
residential units, complete the fora 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 ny 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 Reviie/eewwCo��:rmittee.
A
Date Z -IS-- Signature . L
Title �Iitsi yt cP _1.��+ u�'`mm rna`
L , � , PL�n C. PAW I
cymr,AL CONSTRUCTION
The following information should be provided to the City of Rancho Cucamonca •
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.: Tincoln PrCOerty Ca:aary, Inc,
Specific Location of Project: :sa Corner Of Archibald a:? 19th, Pancho Ccca�cr. =a
PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL
1. Number of single
famil units- None None
y
2.
Nu:ber of multiple
family units:
6R
84
3.
Date proposed to
Smm.er
begin construction:
1984
1985 °st.
4.
Earliest date of
occupancy:
19A5
'985 -St
•
Model Y
and 1 of Tentative
5.
Bedrooms Price Rance
112 1 Br ::ot Set
80
32
120 2 Br :tot Set
EB
32
I -4
CExhibit A
• LCM 3 R:9FI::JFR PP r 12597
LEGAL DESCRIPTION OF 3.67+ ACRE PARCEL
DESIGNATED OP LOCATED AT NN COKNER OF ARCH IBALD
BEING A PORTION OF PARCEL 1 OF
PARCEL MAP 1805, BOOK 16, PAGE 19,
SAN BERNARDINO COUNTY.
u
•
The easterly 457 feet of Parcel 1 of Parcel Map No. 1805, in
the City of Rancho Cucamonga, County of San Bernardino, State
of California, as shown on map filed in Book 16 Page 19 of
Parcel Maps in the office of the Recorder of said County.
Except the northerly 276 feet of the easterly 173 feet.
Except the northerly 313 feet of the westerly 284 feet of the
easterly 457 feet.
l i
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE TRACT MAP NO. 12597
WHEREAS, Tentative Tract Map No. 12597, hereinafter "Map" submitted
by Lincoln Property Company, applicant, for the purpose of subdividing the
real property situated in the City of Rancho Cucamonga, County of San
Bernardino, State of California, described as a residential subdivision for
condominium purposes on 11.11 acres located on the northwest corner of 19th
Street and Archibald Avenue into 3 lots, regularly came before the Planning
Commission for public hearing and action on July 11, 1984; and
WHEREAS, the City Planner has recommended approval of the Map subject
to all conditions set forth in the Engineering and Planning Division's
reports; and
WHEREAS, the Planning Commission has read and considered the
Engineering and Planning Division's reports and has considered other evidence
presented at the public hearing.
NOW, THEREFORE, the Planning Commission of the City of Rancho
Cucamonga does resolve as follows:
• SECTION 1: The Planning Commission makes the following findings in
regard to Tentative Tract No. 12597 and the Map thereof:
E
(a) The tentative tract is consistent with the General
Plan, Development Code, and specific plans;
(b) The design or improvements of the tentative tract is
consistent with the General Plan, Development Code,
and specific plans;
(c) The site is physically suitable for the type of
development proposed;
(d) The design of the subdivision is not likely to cause
substantial environmental damage and avoidable
injury to humans and wildlife or their habitat;
(e) The tentative tract is not likely to cause serious
public health problems;
(f) The design of the tentative tract will not conflict
with any easement acquired by the public at large,
now of record, for access through or use of the
property within the proposed subdivision.
i1y
Resolution No.
Page 2
•
(g) That this project will not create adverse impacts on
the environment and a Negative Declaration is
issued.
SECTION 2: Tentative Tract Nap No. 12597, a copy of which is
attached hereto, is hereby approved subject to all of the following conditions
and the attached Standard Conditions:
PLANNING DIVISION:
1.
At least two, but no more than three, exterior
stucco colors are to be provided throughout the
project.
2.
That all buildings shall be redesigned to provide an
architectural design compatible with the adjacent
single family neighborhood. This shall include, at
a minimum, greater variation on the building face to
minimize the appearance of the building mass and
articulation of individual units to create
individual identity. Said revisions shall be
reviewed and approved by the Design Review
Committee.
•
3.
Provide only single story buildings along 19th
Street.
4.
Building pad elevations along 19th Street shall not
exceed five (5) feet above curb grade.
5.
The westernmost north /south street shall be provided
with a tilt section to cause the drainage to be
directed east on the east /west street.
6.
Provide secondary surface overflow protection
between Buildings 1 and 2 in the southwest corner of
the site.
7.
Preserve existing mature pine, maple, and elm trees
to the satisfaction of the City Planner.
B.
Details of the carports shall be included in the
final construction plans to the satisfaction of the
City Planner.
ENGINEERING DIVISION:
1.
A portion of the property along the north boundary
as shown on the map shall be reserved for future
freeway right -of -way.
•
/> f
Resolution No.
Page 3 t 1
2. A parcel map shall be recorded to separate the
vacant lots at the southeast corner of the property
and the freeway right -of -way from the condominium
project site prior to or concurrent with the
recordation of the tract map.
3. The requirement of median island on Archibald Avenue
will be waived after adoption of the Resolution by
the City Council to eliminate the median.
APPROVED AND ADOPTED THIS 11th DAY OF JULY, 1984.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAM04GA
BY:
Dennis L. Stout, Chairman
ATTEST:
Rick Gomez, Deputy Secretary
• 1, Rick Gomez, Deputy Secretary of the Planning Commission of the City of
Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 11th day of July, 1984, by the following vote -to -wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
I
4.
DEPARTMENT OF COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUBJECT: I- I ?, 7
APPLICANf: l'0&
LOCATIOX: ��_� Q�r end
IDOSe it. threshold are conditions of approval.
APPLICANT SNAIL CONTACT THE PLANNING DIVISION FM CWLIWE WITH THE FOLLOWING
CONDITIONS:
A. Tom, Limits L I. A-rorvl shall every, unless e.tended by the Planning Commission, if
bu l ldml Wrmrtz x
.ed not issued or approved use has rot Converted
within Monty -Spur (211 months from the date of approval.
3. Pevelopnent/DeuSn Renew shall be accmu liihed prior to
'- j. Approval of Tentative Tract No. Is granted suaajecl to the
approval of
_ a. This Approval shall r u n ome th the a,l ,eact and shall bec void upon
a change of ownership or if the business operation leaser.
�b. Prior to approval and recordation of the final W. ce price to
issuance of buildnes, permits, Men do subdivision Al Is invol,lid.
Intten certif¢rtron from all affectM School Districts shall be
.Mmilted to tree wparbeent of Commonly Dove lnpment enrich states that
All ... Ate z,MOI fain,, ies are or fill be capable of accommodating
ztudenl5 generateA by Iris pri,on, Surh letter .1 cn,te,eatno mutt
have been issued by the school Ontrict milhin ninety ( 0) days pr-nor-
to the final map ..prow a
I n the c e of the Subdivision map or
issuance of permits in the case of all other residential projects.
• Projeko. 2,5-97
- 1 -
Prior to approval and recordation of the final map, gr prior to
of building pernilS wren map ru lvr.l, it ten
tsl also t inn tram the a(GCted ester ndlt« ¢t, -that aderluate ,.,
and cede- facelel, are will be Available to serve the pmpose.l
ro ter 1, tball be Submr tied to abu Dep.lrinsnt v or Cumin sty
d•'ve I.,reen t. Snch letter most have been issued by the eater district
.. thin ninety 1111) days prior to final sap approval In the case or
suedlvlt i on r ISZUanee ( DArm.Ls In the case 01 all other
residential projects. for project, using Septic lint facilities
allowable by the Santa Ma Regional site Control Board and the City.
r Iten certification or ceptability, including all Wpportive
i n f creation, Shall be obtained and to Emitted, to the City,
Site Development
_� the site shall be developed In all nrdance with the approved cite plant
on file in the Planning Onis ton the conditions Contained M1I•reln, and
Dove l burden Code regulations. Prior to any use of the project site or
business activity being Connected thereon all Condrtions of approval
shall be completed to the satisfaction or the City Planner.
Reel seI site plan, and building elevations ..posting all
III"' andrl r..5 pl approval Shall be aobmitled for review r and approval by
Dre Planning Dw hair prior to issuance of Building permits.
_ /I. All life plans, ,radio, plans, landscape and i ngation plans, and
Street improvement Tined shall he coordlmted for rrn lslenry price to
Issuanre of any Permits (such as grading Mrnit, tree r val,
encrmcMenl, building permits, etc.) prior to final map approval ar
the Cafe of a Customs let subd AVis don, or approved use has ccome-0.
mhichever lum, first,
Approval of this request shall not w a ve Compliance with all sections
of the Development Code, all other applicable City Ordiomcoc, and
applicable community plans o specific plans in effect at the time of
Building Permit issuance.
5. This project shall provide a minimum _ percent of affunahle
housing and /or rents, r ro ne
nformae vltl General Plan housing
policies. Affordability shall be determined by c ene market rat -.
,Pelf and aredlan Inc AM level, At the time of Conitrultren of the ^
project. A d,,,I.pment agreement to Srich Shall be approved by the l
City Council prior to I,Suance of building Pernils.
1 6. A detailed On -Site Lighting Plan Shall be submitted fur r view and
app" vat by in, Planning Division prior loo of e Wi Id ing
permits. Such plan shall Iel IC Ate Style, rl lnnina t PUn, location,
helgnt and method of shield,.,, so es not to Adve,fely affect adjacent
Properties.
T. If "a Cen [ra lia..,l [oath r cepter"' are provided, all bass p,,t -rip
sha 11 be for mdanA.nl umts .i[n all r "Ptaclet Sn It Lr,,,1 hue
�8. train' ri'nnclr;;) v r,,ui ell Jnd hill P r
sran ........ .Jl wLLOp oM1J v tr nth b., II br rinte Try fi /u'It
.sus, l.0 nn a4a 11 be ito rig a<'v for ... :[ in f.L,
Dlvi t'InlPf! to Jpprbv I by stir Planning
_f 9. All Fro and I.—le, oyes, appurtPnanlz such at transformers sbe it be
,."led so Tool "in In " of the main bin la mg f ann neden to I In if
bermin9. and
snit Caging r Cnmb ins boil of coot re to or mat nfy waltz,
10. [reef odours Uull o" r wetl and approved by the City Planner, 1
with the r" Pt ", Street Naming policy, prim to approgl
and recordation of the final Tract No.
_L IL CII building's and o d..Wnal units shall be Identified
tear and Concise mmn , lmloJinF proper illmnmatloc. In a
R. tnC51 led Y.nter Pl innrA Egan, in an Trails sha 11 be pro, lded
.hrovt ^onl Inv ",a In acrnrdance with the fgnettnan Trail Plan. A
drtatlel elc-.Strl.ln trail plan Indicating eight, na Slnpez,
pnysicai cnnJrtlnns, fwe'ng and weed central, In arrordenee with City
eqms[rine Vail slabll,,; drawings, shall be subniltnd Tor review and
Jppn,sl by u.n planning pivivon prior to approval and recordation of
'the final Tract Rap, and prim to approval of street
Tad' T,veloper Shall grate and Coni but �aii a and
e Indon g lien',rig rid bra lodge device, In pP, n tl wit, [street
nI ls.
13. The Covenants, Conditions and Restrictions jCC6R's) she)] not prohibit
Ne k—ping of .al�'ui' an mJS, -Morro inning; regui-eyrls toe the
keeping f s t o 1s five ;,no .t. n Indivnlne, lot in
sul.dlvl'inel shall bem lhf option of k w.tnon[S inn
necessity of app -.ling m beards or fen ,clan ' ors hmm•nwner's
associations [nr a enJnents to CCSR's
_ Intl, nn.b[.nns one Pes[n'[ies (rr6R's) .uid 6r I f c ley pf
Ile. rnr cn,.n.
Inwrplanation or be nomonwneri As,b,,L"on are ......t to the
appro oil of ter Planning rc and fnglnerring pills Inns and fine C,,y
Alta,.,,,,, M"y than be recorded For this Protect i conjnrttinn w,lb
map r prior to issmanle f building permits. nA copy hall be
p,ov iiXM to the r,[,.
All Paris"', open arras end landtcaPiro mall be permenenlly
Interned by a hnnroinal" astocia[ inn o tiler means at ..table to
the Oty. Such Drool of m mtinance ins 11 be s ubmitted to the
Planning and Eng modr.n9 Dar iz sins prior to lassce or building
pewits.
Project No. J2 S9 7
pfa,ea[innal amenities are rdq.,"d in conjunction with cnomn o en
space arnat loco as, not not M1m ;eJ zo 4imminF Ine), and spas, and
.rt rncilitrez. In ..blltlon, encl^ i` Lot lot t cil.......in play
egwpront and ",,, open lawn a
. cl led m I- al lands, ne plmneas are rev,fired. Details snail be
Solar arrest easeaenli shall be (indicates; our the purpose of aszwmng ot sulat nd[rn ti nJ.IJaCentlnlot, le' Snet ts (ore nine ,�,ght5nlar rose rFY
tyre em. Ibc wsemen is may be ICmt3i,of P brolarah^n of
restrictions for it zubd.nzlon wn ¢h shall he recorded Concurrently
Into [n! owns first o! IM1e final maP pr Issuance of Penis,
wh.rhever csrmts first. The easements shall prohibit the casting of
inadowi by vegetation, structures, fixtures or any other object,
rvpt for utility wire and ztmilar objects, pursuant to pNelow'o,
Code Section 17.08.060 -G -B.
C. 8u.1dlnq_Des i,,w
I. An alternative energy t,zten Is required to provide In.. s lm hot valor
for Ali dwelling units and for heat mg any sw -mming pool or spa. All
Svuming Do -is mite l led at the time or in 1 E I f dove lopnfnt sha 11 be
supplemented with solar boiling. Solar erg, shall be If'
energy system unless ^tiler aIllr -t,,e en a prvnery
to be of lgu ivalent i,i..ys[ms are .Irmnnz[rat e.l
Includfd in tho Epstein pacify and efficiency. Details shall be
prior tp Issuance of bull ie spa and shall be reviewed and approved
g pen It i.
3. fnergy cons ning appliances and fixtures required to be
inmincorporated into inn proiecl to Include such are as, Ma not
.tM to, reduced consumpt wail soarer heads, pl lot less app. icanahot
vale, saving toilets, etc.
3. Welling units shall be 'instructed with fire retardant material and
non.rombustili roof material.
9. All Corner dwellings She 11 hall the Side close t ton lar In the It rnet
upgraded with additional rood trim around v.nd^.s and wood siding or
plant -ens enere appropria [e silo"" [a r ,find approval by the
City Planner prior to Issuan, ce of building Derails.
_L 5. All proposed roofing material shall provide variation into,,
thickness, and architaftoral style. A mmpeu to t eple fA hall nI
sunm.t led in and approved by Ibe Planwiag Division prior to Issuance
of building permits.
6. All four 1PIurt......., nclmling air coral rt inners, shall be
nh.1l,uoglly mIcd,algd zhinldtJ f«n r" amt the agond buffered
Iinm adjacent properties and streets as required by the Planning and
Building DI,ISIOnt. Details shall be included in building plans.
20 0
D. Part inq 6 Ven icg tar Access lindiute such Bete ❑s be building aial
1 1. All park inq tat Ifmhcapad Island' sbell bare a mint m ..,aide
dueention of 6' and [ball contain an 12" walk adjacent to parking
stall (iicinJmg corn'.
12. reatur i red pedestr un pathway' aer s circulation culation aisle' Shan be
provide] through not the development to connect dwel M1ngs with Open
Spaces an.l .scree Iii-I ns.•s.
1g. All parking spars. aiele, entrances, add eau, Shan be 't,,p,d
City Standards.
_ a. All on ,11 Sdo 11 be 11.11 Jed u,ta au twna t lc garage door openers it
or ivewey a 111, 'ban IB 'eel in Sea to from back m s Jews lk.
1S. The Car, wants. Condition, and Restrictions shall restrict the steals
of rep re at add, veil iG le, on this site unless they are the principle
source of tradito-tatlon for the O and prohibit parking on
interior cvculatl.n aisles oin" than do dellgnated visitor parking
E. Lanascap,n9
�I- A detailed landscape and are lost ion plan, including slope planting.
Shall no S' bolted for r and appronl by the Planning Oivaiion
Draor se me e f balding permits or poor to final map
to apprmal in toe do,, of au <ns[wv lot S.bdi,in ion.
-Sl 12. Ea is I inq trees Shall be retained wherever Possible. A master plan or
a,,, 9 trees sho.amg their precise location, Sale and type shall be
zudm [t So to and approvr•I Iry Inc Planmn5 t ision Pr pare to approval
of the ..sigh grading plan Said plan hall take into account the
proposed grad..,, w uI trees are to be retained, trimming methods. and
where new trees well he planted for replacement of removed trees.
1l. Street trees, a m imam of IS gallon site a r r large shall be
G
an stalled per City Standard in accordance with the poster Plan of
street trees for the City of dancing Cucamonga and shall be planted At
an average of every JO' an interior streets and 20' on eaten.,
i tree ti.
14. A annimia. or trees per gross acre, comprised of i the following
ues. than be prov.led within the project: -�o of
larger, �2 - I$ gall--, and �i - 5 calico.
_ 5. Y,[n,n parking lots, tree, Shall be ponliel at a rate of own I5- ,all.n
SR¢ tree Inv 2very ] parking Stalls, sufficient to Shade 50 percent
of the parking area at Solar noon on Angnst 21.
6. Trees shall be planted i eat of public view adjacent to and along
,fracture. at a rate of one rtree per m linear feet of building which
has pub 11G es,.... e.
• Project No. 05-%7
- 3 -
1 ]. All slope banks in e¢ese of five (5) feet i ..t .cal bright and of
51 .r ,r•a ter Slope Snell be landscaped and nIn gates i accordance
vita slope oI, tmq reg iir,ment, of lne City of Pancbn Cucamonga.
Such slope planting shall Include on e 5- gallon or larger se tree per
ach 250 so. n. or slam ' area. el -qa Wm la
or rger size shrub per
soon I00 11. ft. of slope area, and I...... ate ground cover.
N. All slope planting and irrigation shall be continuously m a mlalned In
ihealthy and thriving Condition by the developer until each
ndisciml unit is sold and occupied by the buyer. Prior to releasing
.to u..noy for these units, an inspection shall he conducted by the
Planning b'eiiian to Jeti-mine that it is in satisfactory cond,tign.
/g. All landscaped areas Shall be maintained i a health and thriving
condibnn, free from .,,do, Irish, and dubn5^
_10. Front Yard landscapleg IS regal red and shall Influde, at a minimum.
-g
pee 15allnn z a e free, .,,a 5 -gal 1pn liar tree, seeded ground prior,
and a permanent irrigation system to be installed by the developer
prior to occupancy. This rnloirement shall be in addition to regoired
street trees.
stir final design of the perimeter parkways, walls, Iandspaping and
sidewales shall be included in the requare.l lenduape plans and shall
be sdb)llt to approval by the Planning Oiv is inn and ....dinateJ for
onsislency with any parkway landscaping plan which may be required by
/use Inns erang p.v is inn.
I2. Sperm el Imdsc ape featord, such a s meadiandin, alle-,I rock, s.,,eern
Sid trees, meandering Sidewalks (both vertical and horizontal change)
and mtensined landscaping IS reguirea along 1414./d
1 IJ. If ter and energy conservation techniques are encouraged to be
utilited, such as spec sal rrigabon tecbn agues (e. g., Jnp
irrigation), drought tolerant plant species, alluvial rucksope, etc.
14. Landscaping and irrigation systems required to be installed on public
right -of -way on the perimeter of this tract area Shall he continuously
maintained by lbe developer until accepted by the City and ann—ed �,,
Into the Imidscape maintenance district.
�L s
I. In signs sodicated an the submitted plans are not approved with this
approval. Any signs pr.p.ad for th11 development Shall be Acs,gned
an conformance ith the Sign ordinance and sh rr
all roan separate
application ane and approved by the Planning Division prior to
installation of any ..one.
Ann JOrl s,qn n. ,q a+ for i,is .LvAapment 56111 be z mined to the
Planning 0.1 n f,11 11,11, 111 w i...I apr..aI prior [o issuance of
Building permits.
A. Director, •n[ i P s7 s1, 11 be priv I;Ia for apartment,
<11.q min ,um "I [nnnhonie prnae[I5.
G. Other Agespiy
1. Emergency Se ..J... ar mss no 11 be piny .dal ,n ucordance r,[n
Forth. ll Fre For t Bon 01Strict Standvds.
/2. Emergency tic• ran be provided, maintenance free and Uear, a
of 23 pro-SS vide it all tenet during construction In accordance
/ wl[bmfoo[n. 11 Fire District requirements. o
L 3. Prior to issuance or Building permits for combustible Constructor,
ea idence no 11 Le snNm lied to the Pon th i I Fire 0 n1, i,t ante[
teaporary n t sryp ly for fore pro tee 1. on available, Pend mg
Cory lean i on of re,.I red f or e OW 1111 on sY +tees_ i5
/A. The APP ncant so ill Cost vc t the IL S. Postal Ser v)Ce to determine the
appropr IA le type and To, It I.. of man boxes.
5. This Proleet falls +Ithuh the Rancho foaming. Redevelop..mt Area.
Any ParUC,pit w, be the Rancho CoCerzFlnga Redevelopment Agency am this
project, u.r require renew and approval of the develapnent plans by
the Agency.
la)
L 6. Fermi is from other agenc ie /s/ will be re,IVbM as lot loci:
A. Cal4a s for drA1114 at
Co..,, co" abniomen(- imayxEe rcgu lied prior [o ssuaae of a
grading permit].
C. San 6ernard,m faulty Flood Control District.
/ D. Doer:
_t 2. Mater ant Serer plans shall be designed and C t ucted to [
rwgu,r ^amts of the Cucrcnnga County voter mslri" ([CUD), Foothill
Fire District ant ine Env,rnnnental Ileal[h Department of the County of
San PhArdina. A letter of compliance from CCBO will be required
prior to recordation or issuance of permits.
8. This prnle[.t site contilus a ,Ies.gnate,l lotion Cal Ian.Lnark. Any
a I terat inn, r va 1, re loo t inn, or nst ruct inn r and
approval by the B n for is Preservatago C.I ,i on and CII, Cost, i 1.
Project No. / Z SY %
nul_tnNG DIVIS1011 SIIAEE RE CONTACTED FOR CONPtdADCE VITA DIF_FOLIORIIIL CmiOlanxi:
D. Site llnvel_npnent .. _ _.
l_ ine _,I -1111 an silo 11 Cramp 1Y r,th ine le[air ubolM be ifnrm Bold inq
Code. On, lure do. ban "I Code, Ile form P w.b IAD Code, Us tonal
E ter tr¢ Cude, and III other amp l is sh le red. 5, Ar.Ln and
mgnlatlons m ,fleet at the tome of Ii ... nre al relative perm RS.
1._ 2. Prior to iSS.Fince of building cerait for a , I,,id,dt,aJ duelling
nit(p) or major adnition m an existing p.t(,), the a,Prcant mall
pry develapnent fell at the established rate. Such fees may include,
but ern not I.mtted to: City Deau[.f ioal,nn Fee, Pa•S lee, Drainage
Fee, SYSlema Duvelopmml Fee, Permit and Plan Checking Fees, and
School Fees.
3. prior to insolence of building permit for a n • w mmIll.al or
industrial development or addition to an a s .sting development, the
applicant Shall pay development fee, at the estaL M1Shed rat•. Such
fees may include, but not be 1rolol I.: Systems Development Fee,
Drainage pee, Permit and Plan Checking pees.
1g. Street addresses shall be prow i dad by be Bu i l•ling Off, c la1.
1. Ea ist inq Structures
1. Provide Compliance with the Uniform Building Code for property line
clearances Considering us, area and fire - resistiveness of existing
bu ildmgi.
2. Existing building ls) mall be made to comply w.eh current Building anJ
2onmg regulations for the intennM .11 or the bu.ldmg shall be
_/3. Existing schwage disposal fare ilium, shall be ed, tined a
Capped to Comply with the Iln,form Plumbing Code. aned lonlorm Building
Code.
a. Underground on -site utilities are to be located and Shown on building
Flats tube rtted for building permit application.
J. Grad,nq
71. Grinding of the subject property sldall be In a ..ounce with Bide
Uniform OnihOng Code, CITY Grad.nq Standards and accepted grading
Practices. the final grad inq elan shall be In substantial conformance
with the approved conceptual grading plan.
-/I. A soils report Shall b. prepared t engineer licensed by
erform
the State of California to p such work qualified
-4a •
— 5 —
•
Project No. )
J.
A gpul.9c'al report Shall be prepared by s Sualiflea engineer or
OeJ matlDn SM1ell be meJC of the Pollov
geologist .t Sndniltof L tpe iron of 'titillation for graill, plan
_ -
mq riyh LS -o( -vay nn [he
rollowng
11.
the
5['halS:
blhtl °Hal fee[
Final gralmg plant Shall be completed ilea approved prior to
- - _— _— __._ - -a he
asspm¢ of building Derpi[z.
additional let[ on
S-
m
As a cuSLmm -In[ Snod.vne. the following retmreminti shall be met
_
_
________ __----- additional feet °
a. Surptye Shall be od,tad dnJ an agreement amcu Le guarantreing
j.
pI lion 1 all -Sal drdi facilities cszdry for
^
oOoi
__
Irrev Cdnle offer If dedication for _ real vile coder' eSPnonl
y e
loop /or
dewaterung all P�rP I , [o thr tat.......on or l,C bl.nq .nil
shill male tlll vale SI rPP[z °r if- Ives.
Sir
orris inn prior to recordation of the may and prior to the
Izawn[e of any grading Broils.
_(_ a.
Corner property the radius roll be required per City SLentlards and
drawings.
b. `Appropriate e .,ra , for safe disposal of drainage water that
Conducted annto or r Idja[enl parrots, are [o be Jeh —lej
oza[nMCtrun
L/S.
All nghtf 0f vehicular Ingress to and CR e S from shall by JedicatM
and "' d b the of the Building and Sef.ty
a t follows: &�l - 14 eJ 'le1gy _- C&l-Qo_ Ckloi
Oin von prior to issuance of a ^Y grWiry and bulldhg pecan S.
{(LCSL_fls_r 'e e.;dS1'[:a a :�_�hcl.an 51zll .
S. On-site [s, necessary for del Ing or
Reciprocal access eazementl end maintenance is ensuring
greemen access
,In o vordrmen
protesting lbe ud.L Hera propor bps, are oo be installed prmr to
led
iazuu,
_Z6.
to all palls' and Joint maintenance of aH coon m roads, dr ivez per
dr
of bulb ny permits for construction upon any parcel umt
may Bbl ^ct hires to age /Iwz entering,
purling d thall he pr ow iJma by CCpr r bYm1pl.1 and shall he
°to
0 l
leer Ing ar wipunta parcel rx le[ive to wM <h a Wilding permit is
which
recorded concurrent with trio map, Or prior nzwnce of bvilJ mg
1n°
reguts[eJ.
Recall, where map is involved.
lit
_
d. final yn�hng plans for each parcel are to be submitted to the
-
aortal Le provisions Shall be made for the ingress, egress and
&i1Lhng and Safety pmilm^ for approval pride to i one
tart ulatlon hr any fb will goods tl
nsetl for delivery of toads ba
of
Wee rani an InSme r
Wilding or 9 n per�rti. (im1 may W mental o
r he p, at
the pre p•rtr n the npe cab nn nr vie ...... en n „sinew.
,I
exap°nN hn�s.)
� �
V y.
Private dnlnage e ,bout, for cr S -lot drainage shall bu rt•VU U'r,1
ago^
I. All lop•' h mK a or five ISi feet in er[I[al bright awl
St2all
and shall be delineated or noticed LM1r final map.
of 5:1 ur - 11,It•r sl�pe be see,11l wit native grass- upon
ou.” l�.m al grahor, r .me clue. alternative method or protein
__9.
All rnsUnq enumtn Li 11 —1 within 1uLOrr itI -o( -v aY are In tin
rn, e to I,
control nall n u plod to the saL nfac b nn or lire Biulding
tau [[Ia i,. to be Jc Luca tea on the
or map p.r City In
y
"'.r..I and City Planner. shall be prop JM to
�
ruitchi ends
germinate the tend and maintain growth for a period of 6 n0ntus
f/1o.
Easements fors walk for public uses Shall be dedicated
lmtander
germination.
to the City
where sidewalks through private property.
EXIGIIEERIX it
Visron
a. SVeet Improv_rnla
L Denotation
and Sorrel, metiers
_ L
h1
Construct lull street improvements Including. but not bons [rk LD, loch
Sidewalk, d..I
and qn [t er, A.C. pavement, siJevd lk, dove aPproacACS, per 4wey trees
1.
Dedications shall be mad. n final
e y map of all street ,,his-
and street tights or all interior public streets. Rgmrement of
DI -vay dta all neu zsary easements d5 Shown the tentative lap.
the tent
vd... lk rill De governed by the provision of Planning Ca.nlsslon
Aetcluti on ;I1,. f11 -80.
_ - -_ 2.
A m,nlmum of 26 -loot vide pavement within a ao.fO.t wide tledicate,
right -of -way shall be constructed for all half-section streets.
— 5 —
rani b n•a I%.e f 1 how lnq 11111 ny am ore nen is in, had mg, bit t r I I
i nn, t S.l u,:
STREET MAME
C11F9 S
GUTTER
I.C.
NIT.
SIDE-
vllF
Ills lqf
afeR.
SIR(E I
LIGnIS
OVERLAY
'M E 9I All
ISLA'IO
UInEF
/qC
v
Y
X
x
v
X
Arai :bald
Y
X
Y
X
x
x
X
f U^ landsrall and i« nation on meter.
_/a. A Eien A,,,,o -fit fir n -II ✓il -In deposit than w
be reired far the
�� i
construction of h Jp4su edNedea.- .51"d In
__ &4 6 ►rd _ prior to recordat as of the
an t, or iI,uml✓ of Ln d lJ log formic Michevrr comRS first.
in fir to any ou t er dog pro I no be pool ugh[ -of -w av, idol
,nen be paol an an a - Incent commit shall be co lnrJ from th✓
f' City Engdn.e
.r; on n
fr✓, nli addition to any other permits requirr.d.
16. Strert dmpm ae'n.nt Dlans no lmLnq facility trees and [beet bgnh
prepare.] by a R1111Vnd brit Evp nen and approved by the City
Engme.,r still h., nvpnrrd for all onolic slreti prior to I of
a �n,.m per. nit. Final plan and profiles span ssthow .the
Inc... nn of all ✓fist mq ntll rtY facilltles ..".'A the 11911 t- of -vaY.
1j. A ,✓carat✓ Ian K-ap^ IuJ Ire lga[rnn D]an per City standard for the
lmJS[.Ip lnq an - 4rrc, .64 ld
stn 11 be a Ill M for rem.+ and approval by Use City Engineer prior
9� [p i of bnl ld ing perms t s.
LB. Spiny sSo 11 be po t ✓J mil an agrrrment nncu VJ In lh✓ at rsf¢l an
If the Pty Eon n and the Cv ly At tarney. ggerIntel, mg run, r Lion of
Iny pub Ia, an d +.. ror .rat, sl re l irarpro cots, prior m recording of
roe map or the issuance of building permits, whichever comes c first.
9. Street n,p,.aumrnt olio, per City ,Landlord far the prig ate Stub!, n
-- dr ices shall be rewired for review and ap,me,al by the City Engir. er.
Project No.--/z 5-f%
lo. Prior to any .nrk spire, ptrfnfined on the pr irate stre✓ts or dr—s.
fee, sha;I he pald and A cons traction permit mall be obt,,c,d troy
the Clty Engmenr's Office, in addlt1cd to any other permits legal,".
ill. All ,beet Improvement, mall M installed to the Satisfaction of the
City Engineer, prior to aeupeney.
12. Pavement Striping, marking, traffic and Street name signing Shall be
Installed per the req.......its of the City Engineer.
1l3. E.istmy rite road requiring nztroctinn than open for
traffic at all tlmrs with adegiate detours der ioq c remain or
street closure permit may he required. A cash deposit shall he
required In tnC cost or gr ed lnq and paving, which ifll be
refunded n omblelion or the cons.rugtiun to the sAti,fa,tpa, of the
CiIY Fngln ,t- r
1 IS_ ua lk.ars shall be I.... ed hebeen public s,.1, us inn on nlr
prdestr tan dread.
115. Concentrated drainage (lost, shall wt cross Sidewalk,. Ender s.Ulwall,
drlol shall he mitaned to City St mdard z.
b, nrainaq✓ and Fond Control
11. The applicant will be re,ponvlile far c nstrnctlon If all ..n -SRe
drat a,] fociht... reginr.J by vale Ell, Fn9 rnnnr.
_ 0. Intersection drains will he required at the following lorannns:
J. The prnpir rd proJ•'ct fall, wdlni ails!nd ...."Jett tI
flooding under the Mabonal Forol lolnrranre prngn and I sublert to
the prarislons of that Wogram and Cllr ordinance It. 1t S
i. A dra nag. channel .Lod /or flood prn[rc[lo wall still be ...... tied to
,;oleo ,lie structures by dlverldnq Sheet nfunofr to ,!reels, or to a
,lgrm dfaln.
_r5. Aih'gnate prwlslonl .ball he made for a eeptanre And disposal of
surface drainage entering the Properly from a.]jary t areas.
6. Letter of acceplan a from Emms tream properly g fie r5 ,hall he required
where rune(( float Into private prog.rtres.
). Drainage Acceptance Easement peed snail be required from
_6• 0
'
•
Project No.
8.
vhall be designed a A major rater car ring
"i
�, IDe to leery mg perimeter )anilamyed parkways ere -ri,il d to he annemd
Street r¢avi nq a Cu noinet inn of special curb heights, cmmert lal
Into Inx IandtcaDe maintenance district
non
type drive eDpmaTes, rolled street c ectims, flood Dmteclion
•area. and /err landae aped earth oerms and rnl led dn.ewaya at property
-
Ae�hi k qT Sfr
�9.
lire.
ILe follpwang storm drain shall be Installed to the satisfaction of
ion ll17�Y PIYLL let
-------- -- ----- - - - - -- - -
-- — - - - - -� —
the City Engineer:
'/" t
s S�OWiI OA /(.1L I /��✓(i
d.
__
�
Pero,- to ordatlon, a Ma[me of Intention to form an,l /o n
lame
Landscape Light -, Districts Ind it be 11 led with the City
Chaco it. The engineering costs involved in District formation shall
be borne by the developer.
hydrologic an! Ara mgc atmly for tM be to
project shall submitted
the City Engler for
tr rev rvr.
D. Utilities
: :Z •'
Provide all utility Services to each lot including Sanitary sewerage
sl stem, water, electric parer, gas and telephone in accordance with
ul l litY stenlnrJs.
2-
Imtalle bon of any came TV a vice span be Coordinated by the
developer .It. the able servlcee provider to cnintlde with ty,nO ing
for utihtma.
All a it l[l e. ,-,thin the project shall be installed underground
/a,
Including nlilitles along mays,- artenals 12 KY and less.
utnity ea ents Shall be provided to the satisfaction of the serving
ut fl sly companies ana We Oty Engtoeer.
5.
Few m roper shall be responsihle for the relocation of existing public
.it M101es, as rcgu wild.
16.
Developer shall be responsible for the installation of street lighting
In do Sol ancI with nintlmrn California Edison Company and City
Standards.
27.
Ppprovais have cot been secured from all utilities and other
h
In We, All apncies i win Hed. Approval of the final map will be
1
subjetl to any reguirem -nts that ma, be received from them.
P. General
menta AM P ,alt
ee 9ulre PPi ?
11.
Final parcel and tract maps shall conform to City Standards and
procedures.
2.
A parcel map shall be recorded prior to first phase subdivision to
prevent creation of unrecognized parcels.
7 -
C
RESOLUTION NO. 84 -62
A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION
DENYING TENTATIVE TRACT 12597 LOCATED ON THE NORTHWEST
CORNER OF 19TH STREET AND ARCHIBALD AVENUE IN THE
MEDIUM -HIGH RESIDENTIAL DISTRICT
WHEREAS, an the 6th day of April, 1984, a complete application was
filed by Lincoln Property Company for review of the above- described project;
and
WHEREAS, on the 11th day of July, 1984, the Rancho Cucamonga Planning
Commission held a public hearing to consider the above- described project.
follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolves as
SECTION 1: That the Planning Commission makes the following findings
in regard toorentative Tract 12597:
1. The proposed project is in conflict with the intent
and purpose of the General Plan regarding the
Medium -High Residential district in terms of
providing a proper transition of density.
. 2. The proposed project is inconsistent with the
Absolute Policies of the Development Code regarding
neighborhood compatibility.
3. That the project design is incompatible with the
surrounding neighborhood in terms of architectural
design, scale, bulk, building height and
neighborhood character,
SECTION 2: Tentative Tract 12597 is hereby denied based on
inconsistency with t e provisions, intent and purpose of the Development Code,
which was adopted to implement to goals, policies, and objectives of the
General Plan.
ATTEST:
s
APPROVED AND ADOPTED THIS 11th DAY OF JULY, 1984.
OF THE CITY OF RANCHO CUCAMONGA
r,
I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of
Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 11th day of July, 1984 by the following vote -to -wit:
AYES: COMMISSIONERS: BARKER, CHITIEA, McNIEL, STOUT
NOES: COMMISSIONERS: REMPEL
ABSENT: COMMISSIONERS: NONE
•
if k M M iF
• CONSENT CALENDAR
City Planner, Rick Gomez, advised that there was a correction to Item C of thy
Consent Calendar to be a Negative Declaration only. /
Motion: Moved by Mc Niel, seconded by Barker, carried unanimous Ly; "to approve
the Consent Calendar.
A. TINE EXTENSION FOR NTATIVE TRACT 10414 - LANDCO - A proposed custom
lot subdivision TENTATIVE
of 10 acres of land in the Very Low Residential
District into 17 lots located south. -of Carrari Street and west of
Haven Avenue - APN 201- 101 -17.
B. TIME EXTENSION FOR PARCEL�MAP 5697 - WESTMONT PROPERTIES - The
division of 33.7 acres into 12 parcels for industrial use located
north of 4th Street -'at Santa Anita Avenue - APN 229 - 283 -48.
C. ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 84 -18 - JASKA - The
development of two (2) warehouse buildings totaling 34,475 sq. ft. on
2.34.a6res of land in the General Industrial District (Subarea 4) and
General Industrial /Rail Served District (Subarea 5), located at 9155
�rchibald Avenue - APN 209 - 211 -12.
y.••a
• PUBLIC HEARINGS
D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 12597 - LINCOLN - The
development of 200 condominium units on 11.17 acres of land in the
Medium -High Residential (14 -24 du /ac) District located on the northwest
corner of 79th Street and Archibald Avenue - APN 202 - 101 -21 and 22.
Dan Coleman, Associate Planner, reviewed the staff report.
Chairman .Stout opened the public hearing.
Mr. Walter M. Ingalls, 3737 Main Street, Riverside, California 92601, stated
his agreement with the General Plan designation of Medium -High density for
this area based on proximity to a freeway corridor, mayor arterial, office
commercial uses, and commercial.
Mr. Rick Dickerson, representing Lincoln Properties, the applicant, made a
slide presentation of the current uses along 79th Street.
Chairman 33to,il, indicated that the Planning Cocmission has three options
available f)r ;on ;; deration and asked Mr. Ina=_lls if option three were
selected, wou:,', 'ne provide his consent for continuance pending the results of
the 19th Street Corridor Study.
Mr. Ingalls replied that his consent would not be available at this time.
s
PLANNING COMMISSION MINUTES 2 July 11, 1984
13b
Mr. Amos Harte, 9606 Hamilton, indicated that residents of this area had just
gone through another hearing of this type approximately three months ago. •
Chairman Stout replied that the previous hearing was a request to change the
office /p rofessional in this lec ation to Medium High Residential.
Mr. Gomez stated that was correct; however, Lincoln Properties withdrew their
application and the 19th Street Corridor Study was begun.
Commissioner Harker stated that the 19th Street Corridor Committee proposals
were made to the Planning Commission and the Planning Commission made
recommendations to the City Council. The study is still in progress and has
not yet been solidifed by the City Council. In the meantime, this tentative
tract map came before the Planning Commission and staff provided some
Options. Further, the Chairman asked the Lincoln properties' representative
if they would be willing to accept option three and they declined approval,
therefore leaving the Planning Commission with only two options to deal with
this evening.
Mr. Harte advised that the freeway is still 7 to 10 years away and
condominiums are bad enough, but apartments would be worse for the area.
Mr. Al Domena, resident living south of the site, indicated that Lincoln
Properties stated these units would be condos. He further indicated he was
worried about increased traffic and the impact these apartments would have on
schools. Mr. Domena asked that the Commission deny this request.
Mrs. Mary Dodds, 6709 Mango, voiced concern w th heavy traffic and impacted •
schools.
Mr. .Jerry Merter, resident above 19th Street, felt the builder's concern was
only with tile roofs. He felt the freeway may never go through and was
concerned whether these would be apartments or condos.
Chairman Stout replied that the City has no legal authority to tell an
applicant whether they must be condos or apartments.
Mr. J'_m Prather, resident living north of the project, felt that a shopping
center would be better than multi - family units since it would not affect
schools or increase traffic. Further, tile roofs are not a concern; Foothill
Freeway should be disregarded from future planning.
Mrs. Christine Wilson, 6749 Cambridge, agreed with the staff report and was
concerned with the possibility for increased crime.
!ir.r. I. .'1.1-:4te, pro- 'flnd, eigh4 nore le;`±rs f.n ;pp0 -311-,;01. to the
pr °j°^',. ,. concern With the crime ^a `.e. He asked `.bat arfordable n3 nvle
family 'nome.s ae oon.sidered instead.
Mr. Larry Lewis, 6739 Cambridge, advised of neighborhood watch participation
but felt that density must be kept down. He cited concern with increased
traffic and water run off on Ramona.
•
PLANNING COMMISSION MINUTES 3 July 11, 1984
,^
Bruce Ann Hahn, 9910 Lavine, asked about condo ownership, stating that this
project has always been intended to be an apartment unit. Further, that Mr.
Ingalls felt that single family dwellings should not be placed next to a
freeway corridor, but her feeling is that 19th Street is becoming an apartment
row and apartments are not compatible with the existing neighborhood.
James Anderson, 6451 Klusman; asked about the Lucky sign that used to be
there. Commissioner Rempel replied that during the General Plan hearings,
because of protests of too much commercial, it was decided that no two
commercial developments could go on the same intersection in the City.
Further, in actuality, the General Plan does say that there may be two
commercial developments on the same intersection but at the time of the
hearings, they did not want them at this particular intersection and the
Planning Commission and the City Council decided not to allow them here.
Mr. Scott Davis, 9729 Manzanita, stated that the issue of a higher crime rate
and the report mentioned by other residents is devoid of methodology. His
belief, he further stated, is that a project like this is not comparable to
high density areas and that the crime rate is not significantly higher than
where the mortgage payments are around the same dollar amounts.
Mr. Davis felt that growth should not be stifled and requested that the
Commission consider approval of this project because people need a place to
live other than single family dwellings.
Mr. Davis indicated that approval of this project would give the City a chance
• to rectify a mistake that the City previously made in the quality of other
developments that were approved.
Chris Lynch, resident southeast of the proposed project, shared the concerns
expressed and felt that the Brock project has detrimentally affected those
homes in back of that project. She did not feel that a wall is an issue as it
would be put up anyway and she did not have any pleasant memories of living in
an apartment.
Ron Golding, an attorney who practices in this County and represented the
owner of this property, Mrs. Bennett, felt that the City should not deviate
from their General Plan. Further, methods of proper planning were used when
the densities for this area were determined and this is one of the best
General Plans in the area. He asked that the system be made to work from the
legal standpoint.
Chris Lynch stated no objections to apartments being built in this community;
his objection is where `nsy are being placed as he .felt there are such better
places tii` in inartofn`. lomo'.ex r_an go.
Chiirmar. 3t0'i`. ^. ,.fi', . .r „ai:- ,f ho 'dished tr reb'lt any of the tes —pony.
Mr. Ingalls stated that he and I!r. Golding have appeared before many boards
and Planning, Commissions and he did not envy the Commission in having to make
a decision with conflicting sides. He indicated that his company was the
owner - operator of one of the largest apartment /condo developments in the
country and wou L; operate this - .development as rental units because they are
needed. Ile further lnd.r,ated that the zoning provided by the General Plan for
this area is not for the present but for the future, and asked that plans not
PLANNING COMMISSION MINUTgS 4 July 11, 1984
be made for this moment. He stated the freeway will be built and that the
property be zoned with that in mind. •
Mr. Ingalls related that commercial uses would generate more traffic than
residential uses and stated they would accept all 75 standard conditions. He
indicated his concern about the exterior stucco color but could live with
that. Mr. Ingalls objected to condition No. 2 in the Engineering section as
they would meet the intent although not through the reduction of the tract
map, and he asked that the project be approved. He stated that their project
does not impact negatively upon the neighborhood, but rather it impacts
positively, and asked that they not visit upon them the sins of other projects
that were not so good, and if the residents want to have this area as a park
they can pay the $1.3 :pillion it would cost.
There being no further comments, the public hearing was closed.
Commissioner Chitiea did not think the freeway or sound barrier should be an
issue, and she felt that condominium or apartment dwellers are as worthy as
single family residents and should not be denied.
Mrs. Chitiea stated that the General Plan is a flexible document and can be
amended or changed and one thing that they are trying to do with the 19th
Street Corridor Study is simply to study the area, and felt it a shame that
this could not be done since the developer did not provide the option. She
asked, rhetorically, if it is because the developer thinks there is going to
be a lower density as a result of the study and continued that if the project
is worthwhile, and if the density stands, there would not be a problem. •
Commissioner McNiel stated that if anyone were to look at the property
objectively they would see it is bordered to the north by a major arterial and
office professional on either side and has all the earmarks of being ideally
suited for apartments. He indicated that he is not happy with the
architecture and while this was haggled at during Design Review, they came to
no absolute agreement. He further stated that the only thing being haggled
about now is the outcome of the 19th Street study and in its original state,
this area was designed with high density and that it be available to freeway
access.
Commissioner Mc17_ =_l stated that he would have to oppose the project as
presented tonight but not because of the density issue.
Commissioner Rempel stated that he was chairman of the Commission during the
first General Plan hearings and this area was considered as a major density
rnn �.�,, ..,� ,.,r', ni ne ^,�sai'. :, „n •an r..e.,.wn•; d„.e,.minew `.o a m 4nr decree
single facdly ho ;ling 11to Street were not inolode.i a: Chat time because
`,hey nirondy ha'. r....'ed tract -aps and the people who hca,d the ;eneral Plan
also agreed with start', the consultant, Planning Commission, and City Council,
that this area shalild be designated M to MH. Further, that this proposal does
meet the standards of the General Plan and if the Planning Commission suports
the resolution to deny, he would have a problem because it is not in conflict
but is in agreement, with the prestated land ose policy.
•
PLANNING COMMISSION MINUTES 5 July 11, 1984
Commissioner Rempel indicated that if as a Planning Commission they wish to
say this is a bad design, that is all right, but the Commission should not
bandy around words because they are trying to justify their actions. He felt
that the exposed parking area is a problem and there is a need for more open
space but this Plan is not inconsistent with the current land use designation.
Commissioner Barker stated agreement with Commissioner Chit iea in that there
have been strawmen and red herrings bandied about which are not appropriate to
this project. He indicated that what is important is the compatibility of
design issue which has been addressed and less intensively, but consistently,
for the last several years. The Commission has, he stated, addressed the
transition of density which was not addressed to his satisfaction by the
developer because the developer did not want single stories.
Chairman Stout indicated he has three major concerns, one of which deals with
the transition of density. He advised of the 19th Street Corridor Committee's
12 recommendations, stating his preference for a step system or project design
which would be compatible with the existing neighborhood. Further, that
because the applicant is unwilling to continue this item, he is put into a
position of approving a project he feels may be inappropriate, or having to
deny the project.
Chairman Stout stated because of the design problems he perceives and the fact
that single family dwellings are adjacent to this project plus the huge tile
roof expanse, there are serious design problems. Further, he felt that
tra Cflc could be a problem and should be looked at through the 19th Street
Corridor Study in order to examine impact in its totality and to take another
look at how traffic develops along the corridor. Because of this, Chairman
Stout stated he would have to deny the project.
'lot on: Moved by Barker, seconded by Chitiea, carried, to adopt Resolution
No. 84 -62 denying Environmental Assessment and Tentative Tract 12597.
Corm issioner Rempel cast a negative vote stating the motion as proposed is in
conflict with tine General Plan and is not accurate, correct, or consistent
with the land use policy of the City.
• x • • •
?:00 p.m. The Planning Commission recessed.
9:15 p.m. The Planning Commission reconvened.
r • • r
,A f ".) f s ;l s r: rr:i a r. J M xi__w p 9 h:9 :i tt - A 4o51 tevelopment and a
subd. vision Pf 13.4 acres into a'lntyto_ allow thn . development of 270
units in the Medium Residential District, gene: al ly located on the east
side of Vineyard Avenue and north of Arrow Highway -,APN 208 - 241 -02 and
14,
433 iatint Planner, Frank Dreckman, reviewed tie stiff report. �\
PLANNING COMMISSION MINUTES 6 -July 11, 1984
/� Q NORTH
CITY Or ITENI: 1 ( 7
RANCHO CUG"'IONCA TITLE 6
PLANNING DIVISIOV E.XlilBI �-
SCA LE:
l41
0
•
Eh.O_f�ev�r
/� Q NORTH
CITY Or ITENI: 1 ( 7
RANCHO CUG"'IONCA TITLE 6
PLANNING DIVISIOV E.XlilBI �-
SCA LE:
l41
0
•
•
CITY OF RANCHO CUCAMONGA ��cnyo
STAFF REPORT',^
DATE: September 19, 1984
TO: City Council and City Manager 1977
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Ordering the Work in Connection with Annexation No. 6 to Street
Lighting Maintenance District No. 1 and Annexation No. 4 to Street
Lighting Maintenance District No. 2 for Tract Nos. 12530, 12238,
12332 -1 and 12386
Attached for City Council approval are resolutions ordering the work in
connection with Annexation No. 6 to Street Lighting Maintenance District No. 1
and Annexation No. 4 to Street Lighting Maintenance District No. 2 for the
following tracts:
District No. 1
Far teria
Tract 12530
Tract 12338
Tract 12332 -1
Tract 12386
District No. 2
local lights
Tract 12530
Tract 12238
The Engineers Report for both Districts are also attached for final
approval. These reports show the estimated costs of the Districts and include
a location map for each tract.
Letters of Intent to join the Districts have been received from the developer
of each tract. Letters have been sent to the developers, and the Resolution
of Intent has been placed in the Daily Report Newspaper giving the time and
date of public hearing.
RECOMMENDATION
It is recommended that City Council adopt the attached resolutions ordering
the subject annexation to Street Ligting Maintenance District No. 1 and No. 2.
Respectfully subm' tee,
L H:B •j a�-
1,4 i
RONALD MARTIN & ASSOC
ARCH IT EC U RE E VG I'!c E RI
February 16, 1984
375 -0200
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, California 91730
Attention: Mr. Lloyd Hubbs,
City Engineer
Regarding: Tract 12238
Dear Mr. Hubbs:
Please accept this letter as our intent to join the Landscape
and Street Light Districts of the City of Rancho Cucamonga.
• If you have any questions please don't hesitate to call us.
Sincerely,
RONALD MARTIN AND ASSOCIATES
Ronald W. Martin,
President
RWM /kk
PO BO.X 157 E! TORO, CA 92630.157 ( 7 1 4 ) 561.14
/43
W. L, C O R P O R O T I O R SUITE CaVI(818) E 966- 6818T=,T STREET 0
City of Rancho Cucamonga
9320 Baseline Road
P. 0. Box 807
Rancho Cucamonga, CA 91730
Attention: Mr. Lloyd Hubbs
Subject: Tract 12332 -1
Gentlemen:
May 11, 1984
By this Letter, I hereby state my intention as
owner and developer of Tract 12332 -1, to join
the Landscape and Lighting District as part of
the subject tract's development.
Walter H. Laband I
cc: Associated Engineers
Phil Douglas
J.N. 82 -66A
lqy
•
•
0
DEVIEU)P?IEST
July 3, 1984
Mr, Lloyd Hubbs
City Engineer
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, CA. 91730
Re: Tentative Tract #12386
Dear Mr. Hubbs:
We are the developers of Tentative Tract #12386, consisting of
15 buildings totaling 54 units on approx. 4.5 acres located on
Vineyard Ave. south of Foothill Blvd. in the City of Rancho
Cucamonga, California.
• We agree to have the tract included in the "Special Assessment
District" for landscape and the "Special Assessment District"
for lighting, as provided by the City of Rancho Cucamonga,
California.
U
Sincerely, ,
lee
� /���u_
TAC Development Corporation
Terry Christensen, President
TC:Ic
/"T
•7333HELLMANANS • RAtiCHOCUC .1OIONG, \,M11FOR\IA917i0 • (714)989 -172;.
RONALD MARTIN & ASSOC.
A R C H I T E C T U R E . E N G I N E E R I N G . C O M M U N I T Y P L A N N I N G
February 16, 1984
375 -0200
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, California 91730
Attention: Mr. Lloyd Hubbs
City Engineer
Regarding: Tract 12530
Dear Mr. Hubbs:
Please accept this letter as our intent to join the Landscape
and Street Lighting Districts of the City of Rancho Cucamonga.
If you have any questions please don't hesitate to call us. •
Sincerely,
RONALD MARTIN AND ASSOCIATES
d%/✓
�IIN
Ronald W. Martin,
President
RWM /kk
/V�,
PC BOX 157 EL TORO, CA 92630.157 (714) 561.1411
• CITY OF RANCHO CUCAMONGA
Engineer's Report for
Street Lighting Maintenance District No, 1
Annexation No. 6
for Tracts 12530, 12238, 12332 -1 and 12386
SECTION 1. Authority for Report
This report is in compliance with the requirements of Article 4, Chapter
1, Division 15 of the Streets and Highways Code, State of California
(Landscaping and Lighting Act of 1972).
SECTION 2. General Description
This City Council has elected to annex the tracts enumerated in Exhibit
"A" into Street Lighting Maintenance District No. 1. The City Council has
determined that the street lights to be maintained will have an effect upon
all lots within said tracts as well as on the lots directly abutting the
street lights.
Work to be provided for with the assessments established by the district
are:
The furnishing of services and materials for the ordinary and usual
• maintenance, operating and servicing of street light improvements on
arterial and certain collector streets. Improvement maintenance is
considered of general benefit to all areas in the District and cost
shall be divided on a per lot basis. In the case of condominiums
with airspace ownership only, and apartments, a dwelling unit shall
be considered to benefit the same as a lot.
SECTION 3. Plans and Specifications
The plans and specifications for street lighting have been prepared by the
developers. The plans and street lights are as stipulated in the conditions
of approval for the development and as approved by the City Engineering
Division. Reference is hereby made to the subject tract map or development
plan and the assessment diagram for the exact location of the street lighting
areas. The plans and specifications for street lighting improvement on the
individual development is hereby made a part of this report to the same extent
as if said plans and specifics were attached hereto.
Detailed maintenance activities on the street lighting district
include: the repair, removal or replacement of all or any part of
any improvement, providing for the illumination of the subject area,
SECTION 4. Estimated Costs
No costs will be incurred for street lighting improvement construction.
Is All improvements will be constructed by developers. Based on available data,
it is estimated that maintenance costs for assessment purposes will be as
indicated below. These costs are estimated only, actual assessments will be
based on actual cost data.
The estimated total cost for Lighting Maintenance District No. 1
(including Annexation No. 6 comprised of 185 lots and 6 9500L street lights •
and /or 9 5800L lights) is shown:
1. S.C.E. Maintenance and Energy:
Lamp ize* uantity Rate**
L
5800L 104 8.15
*Nigh Pressure So ium Vapor
Lamps Rate Mo's Total
147 X 9.90 X 12 = 17,463.60
I04 X 8.75 X 12 = 10,920.00
Total Annual Maintenance Cost = 28,383.60 = 1.21 /year /unit
No. o Um s ro istnc 3,935
7.21 divided by 12 = 0.60 /mo. /unit
Assessment shall apply to each lot as explained in Section 6.
SECTION S. Assessment Diagram
Copies of the proposed Assessment Diagrams are attached to this report and
labeled "Street Lighting Maintenance District No. 1 ", Annexation No. 6.
These diagrams are hereby incorporated within the text of this report.
(Assessment Diagrams are on file in the City Clerk's office)
SECTION 6. Assessment
Improvement for the District are found to be of general benefit to all
dwelling units within the District and that assessment shall be equal for each
unit. Where there is more than one dwelling unit per lot or parcel of
assessable land, the assessment for each lot or parcel shall be proportional
to the number of dwelling units per lot or parcel.
It is proposed that all future development shall be annexed to the
District.
SECTION 7. Order of Events
I. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's
Report. is
3. City Council adopts Resolution of Intention to annex to District and sets
public hearing date.
• 4. City Council conducts public hearing, considers all testimony and
determines to form a District or abandon the proceedings.
5. Every year in May, the City Engineer files a report with the City Council.
6. Every year in June, the City Council conducts a public hearing and
approves, or modifies and approves the individual assessments.
EXHIBIT "A"
Properties and improvements to be included within Annexation No. 6 of Street
Lighting Maintenance District 1:
Tract No. No. of units No. of Street Lights
12530
Lots 1,2,3 &4 (Only)
4
S.F. 5
(5800L)
12238
74
S.F. 4
(5800L)
12332 -1
53
S.F. 6
(9500L)
12386
54
P.N. 0
�@ 5800L
6 @ 9500L
0
0
•
RESOLUTION NO. 09- 19- 9}QIt• / � "
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION
NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND
ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS.
12530, 12238, 12332 -1 AND 12386
WHEREAS, the City Council of the City of Rancho Cucamonga did on the
15th day of August, 1984, adopt its Resolution of Intention No. 84 -224 to
order the therein described work in connection with Annexation No. 6 to Street
Lighting Maintenance District No. 1, which Resolution of Intention No. 84 -224
was duly and legally published in the time, form and manner as required by
law, shown by the Affidavit of Publication of said Resolution of Intention on
file in the office of the City Clerk; and
WHEREAS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement ", was duly and legally
posted in the time, form, manner, location, and number as required by law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHEREAS, after the adoption thereof, notices of the adoption of the
Resolution of Intention were duly mailed to all persons owning real property
proposed to be assessed for the improvements described in said Resolution of
Intention No. 84 -224 according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, form, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
WHEREAS, said City Council having duly received considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated work and the benefits to be
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho Cucamonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. 84 -224, be done and made; and
SECTION 2: The Report filed by the Engineer is hereby finally
approved; an-
SECTION 3: The assessments and method of assessment in the
Engineer's Report are hereby approved.
SECTION 4: The assessments shall not begin until after 60 percent •
of said tracts have been occupied.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Aut a et, tty er
jaa
Jon D. Mi a s, Mayor
j i
•
n
U
ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
ANNEXATION NO. 6
'I T
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CITY OF RANCHO CUCAMONGA
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ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO.1
ANNEXATION NO. 6
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ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. I
ANNEXATION NO. 6
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12530
ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. i
ANNEXATION NO. 6
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STATE OF CALIFORNIA
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NVB35 CITY ENGINEER R.CE.23889 DATE
R2ge
• CITY OF RANCHO CUCAMONGA
Engineer's Report for
Street Lighting Maintenance District No. 2
Annexation No. 4
Tracts 12530 and 12238
SECTION 1. Authority for Report
This report is in compliance with the requirements of Article 4, Chapter
1, Division 15 of the Streets and Highways Code, State of California
(Landscaping and Lighting Act of 1972).
SECTION 2. General Description
This City Council has elected to
"A" into Street Lighting Maintenance
determined that the street lights to
all lots within said tracts as well
street lights.
annex the tracts enumerated in Exhibit
District No. 2. The City Council has
be maintained will have an effect upon
as on the lots directly abutting the
are: Work to be provided for with the assessments established by the district
. The furnishing of services and materials for the ordinary and usual
maintenance, operating and servicing of street light improvements on
local residential streets. Improvement maintenance is considered of
general benefit to all areas in the District and cost shall be
divided on a per lot basis. In the case of condominiums with
airspace ownership only, and apartments, a dwelling unit shall be
considered to benefit the same as a lot.
SECTION 3. Plans and Specifications
The plans and specifications for street lighting have been prepared by the
developers. The plans and street lights are as stipulated in the conditions
of approval for the development and as approved by the City Engineering
Division. Reference is hereby made to the subject tract map or development
plan and the assessment diagram for the exact location of the street lighting
areas. The plans and specifications for street lighting improvement on the
individual development is hereby made a part of this report to the same extent
as if said plans and specifics were attached hereto.
Detailed maintenance activities on the street lighting district
include: the repair, removal or replacement of all or any part of
any improvement, providing for the illumination of the subject area.
SECTION 4. Estimated Costs
No costs will be incurred for street lighting improvement construction.
All improvements will be constructed by developers. Based on available data,
it is estimated that maintenance costs for assessment purposes will be as
indicated below. These costs are estimated only, actual assessments will be
based on actual cost data.
I> 7
The estimated total cost for Lighting Maintenance District No. 2
(including Annexation No. 4 comprised of 78 lots and 41 street lights) is •
shown;
1. S.C.E. Maintenance and Energy:
Lamp ize uan ity ate **
L
*High ressure o ium Vapor
* *SCE Schedule LS -1. All night service per map per
month, effective January 1, 1983.
Lamps Rate Mo's Total
293 X 8.75 X 12 = 30,765.00
Total Annual Maintenance Cost = 30 765.00 = 36.54 /year /unit
Units in Distric
36.54 divided by 12 = 3.05 /mo. /unit
Assessment shall apply to each lot as explained in Section 6.
SECTION 5. Assessment Diagram •
Copies of the proposed Assessment Diagrams are attached to this report and
labeled "Street Lighting Maintenance District No. 2 ", Annexation No. 4.
These diagrams are hereby incorporated within the text of this report,
(Assessment Diagrams are on file in the City Clerk's office)
SECTION 6. Assessment
Improvement for the District are found to be of general benefit to all
dwelling units within the District and that assessment shall be equal for each
unit. Where there is more than one dwelling unit per lot or parcel of
assessable land, the assessment for each lot or parcel shall be proportional
to the number of dwelling units per lot or parcel.
It is proposed that all future development shall be annexed to the
District.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's
Report. •
15 •
3. City Council adopts Resolution of Intention to annex a District and sets
public hearing date.
4. City Council conducts public hearing, considers all testimony and
determines to form a District or abandon the proceedings.
5. Every year in May, the City Engineer files a report with the City Council.
6. Every year in June, the City Council conducts a public hearing and
approves, or modifies and approves the individual assessments.
EXHIBIT "A"
Properties and improvements to be included within Annexation No. 4 of Street
Lighting Maintenance District 2:
Tract No. No, of Units No. of Street Lights
12530 4 S.F. 1
12238 74 S.F. 40
N.
•
•
•
0
RESOLUTION N0. 09PY9 =DZCR 'r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION
NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND
ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS.
12350 AND 12238
WHEREAS, the City Council of the City of Rancho Cucamonga did on the 15th
day of August, 1984, adopt its Resolution of Intention No. 84 -226 to order the
therein described work in connection with Annexation No. 4 to Street Lighting
Maintenance District No. 2, which Resolution of Intention No. 84 -226 was duly
and legally published in the time, form and manner as required by law, shown
by the Affidavit of Publication of said Resolution of Intention on file in the
office of the City Clerk; and
WHEREAS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement ", was duly and legally
posted in the time, form, manner, location, and number as required by law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHEREAS, after the adoption thereof, notices of the adoption of the
Resolution of Intention were duly mailed to all persons owning real property
proposed to be assessed for the improvements described in said Resolution of
Intention No. 84 -226 according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, form, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
WHEREAS, said City Council having duly received considered evidence, oral
and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated work and the benefits to be
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho—M—camonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. 84 -226, be done and made; and
SECTION 2: The Report filed by the Engineer is hereby finally approved;
and
SECTION 3: The assessments and method of assessment in the Engineer's
Report are hereby approved.
SECTION 4: The assessments shall not begin until after 60 percent of •
said tracts ave been occupied.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authe et, City C er
jaa
Jon 0. Mike s, Mayor
•
•
L
9
ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
ANNEXATION NO. 4
ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
ANNEXATION NO. 4
CITY OF RANCHO CUCAMONGA f'acee
,. COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
6 N -
+m LLOYD MUBBS.CITY -NGIN R 23889 OAT- P °gO
� I
CITY OF RANCHO CUCAMONGA f'acee
,. COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
6 N -
+m LLOYD MUBBS.CITY -NGIN R 23889 OAT- P °gO
L
0
STAFF REPORT��IIy.
DATE: September 19, 1984
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Ordering the Work in Connection with Annexation No. 19 for Tract
Nos. 12386, 12332 -1, 12238 and 12530 to Landscape Maintenance
District No. 1
Attached for City Council approval is a resolution ordering the work in
connection with Annexation No. 19 to Landscape Maintenance District No. 1 for
the following tracts:
Tract Developer Location
12386 TAC Development Co, W/S Vineyard
N/A Arrow
12332 -1 Walter Laband E/S Haven
N/0 Hillside Channel
12338 Citation Builders W/S Hellman
12530 1. N/0 Church
The attached resolution also approves the Engineer's Report which was
tentatively approved by Resolution No. 84 -228 on August 15, 1984.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution
ordering the work in connection with Annexation No. 19 to Landscape
Maintenance District No. 1 and approving the Engineer's Report.
Respectfully submitted,
LB� H:B as _.
Attachments
i.
.J
r]
W.N.I. CORPORRTIOR
r:
SUITE MI - 166 WEST COLLEGE STREET
COVINA, CALIFORNIA 91713
(616( 966 -6616
May 11, 1984
City of Rancho Cucamonga
9320 Baseline Road'''1 °�'+
P. 0. Box 807
Rancho Cucamonga, CA 91730
Attention: Mr. Lloyd Hubbs
Subject: Tract 12332 -1
Gentlemen:
By this letter, I hereby state my intention as
owner and developer of Tract 12332 -1, to join
the Landscape and Lighting District as part of
the subject tract's development.
I
Walter H. Laband
cc: Associated Engineers
Phil Douglas
J.N. 82 -66A
,ems
RONALD MARTIN & ASSOC.
A R C H I T E C T U R E . E N G I N E E R I N G • C O M M U N I T Y P L A N N I N G •
February 16, 1984
375 -0200
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, California 91730
Attention: Mr. Lloyd Hobbs,
City Engineer
Regarding: Tract 12238
Dear Mr. Hubbs:
Please accept this letter as our intent to join the Landscape
and Street Light Districts of the City of Rancho Cucamonga. •
If you have any questions please don't hesitate to call us.
Sincerely,
RONALD MARTIN AND ASSOCIATES
Ronald W. Martin,
President
RWM /kk
•
P0. 80X 157 EL TORO, CA 92630.157 ( 7 1 4 ) 581.1411
l
Lam
July 3, 1984
Mr. Lloyd Hubbs
City Engineer
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, CA. 91730
Re: Tentative Tract #12386
Dear Mr. Hubbs:
We are the developers of Tentative Tract #12386, consisting of
15 buildings totaling 54 units on approx. 4.5 acres located on
Vineyard Ave. south of Foothill Blvd. in the City of Rancho
• Cucamonga, California.
We agree to have the tract included in the "Special Assessment
District" for landscape and the "Special Assessment District"
for lighting, as provided by the City of Rancho Cucamonga,
California.
L
Sincerely,
i
TAC Development Corporation
Terry Christensen, President
TC:lc
.7333 HELLMA.0 ANS • RA.SCHO CUC?.- NIONG.X, C. %LIFOR \IA 91730 • (714) 989 -1725
RONALD MARTIN & ASSOC.
A R C H I T E C T U R E • E N G I N E E R I N G • C O M M U N I T Y P L A N N I N G •
February 16, 1984
375 -0200
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, California 91730
Attention: Mr. Lloyd Hubbs
City Engineer
Regarding: Tract 12530
Dear Mr. Hubbs:
Please accept this letter as our intent to join the Landscape
and Street Lighting Districts of the City of Rancho Cucamonga.
If you have any questions please don't hesitate to call us. •
Sincerely,
RONALD MARTIN AND ASSOCIATES
Ronald W. Martin,
President
RWM /kk
P0. BOX 157 EL TORO, CA 92630.157 �714) 581.1411
/n °
0
40
CITY OF RANCHO CUCAMONGA
Engineer's Report for
ANNEXATION NO. 19
to the
Landscape Maintenance District No. 1
for Tracts 12386, 12332 -1, 12238 and 12530
SECTION 1. Authority for Report
This report is in compliance with the requirements of Article 4, Chapter
1, Division 15 of the Streets and Highways Code, State of California
(Landscaping and Lighting Act of 1972).
SECTION 2. General Description
This City Council has elected to annex all new tracts into Landscape
Maintenance District No. 1. The City Council has determined that the areas to
be maintained will have an effect upon all lots within Tracts 12386, 12332 -1,
12238 and 12530 as well as on the lots directly abutting the landscaped
areas. All landscaped areas to be maintained in the annexed tracts are shown
on the Tract Map as roadway right -of -way or easements to be granted to the
City of Rancho Cucamonga.
SECTION 3. Plans and Specifications
The plans and specifications for the landscaping have been prepared by the
developer and have been approved as part of the improvement plans for Tracts
12386, 12332 -1, 12238 and 12530 The plans and specifications for the
landscaping are in conformance with the Planning Commission.
Reference is hereby made to the subject Tract Map and the assessment
diagrams for the exact location of the landscaped areas. The plans and
specifications by reference are hereby made a part of this report to the same
extent as if said plans and specifications were attached hereto.
SECTION 4. Estimated Costs
No costs will be incurred for parkway improvement construction. All
improvements will be constructed by developers. Based on historical data,
contract analysis and developed work standards, it is estimated that
maintenance costs for assessment purposes will equal thirty (5.30) per square
foot per year. These costs are estimated only, actual assessment will be
based on actual cost data.
The estimated total cost for Landscape Maintenance District No. 1
(including Annexation No. 19 comprised of 39,224 square feet of landscaped
area) is shown:
�n�
Total Annual Maintenance Cost
S.30 x 504,737 square feet = $151,421.11
•
Per Lot Annual Assessment
$151,421.11 divided by 3686 $41.08
Per Lot Monthly Assessment
$41.08 divided by 12 $3.42
Assessment shall apply to each lot as enumerated in Section 6 and the
attached Assessment Diagram. Where the development covered by this annexation
involves frontage along arterial or collector streets, which are designated
for inclusion in the maintenance district but will be maintained by an active
homeowners association, these assessments shall be reduced by the amount saved
by the District due to said homeowner maintenance.
SECTION 5. Assessment Diagram
A copy of the proposed assessment diagram is attached to this report and
labeled "Exhibit A ", by this reference the diagram is hereby incorporated
within the text of this report. (Assessment Diagrams are on file in the City
Clerk's Office)
SECTION 6. Assessment
Improvement for Annexation No. 19 is found to be of general benefit to all
•
lots within the District and that assessment shall be equal for each parcel.
The City Council will hold a public hearing in June 1985 to determine the
actual assessments based upon the actual costs incurred by the City during the
1984/85 fiscal year which are to be recovered through assessments as required
by the Landscape and Lighting Act of 1972.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's
Report.
3. City Council adopts Resolution of Intention to Annex to District and sets
public hearing date.
4. City Council conducts public hearing, considers all testimony and
determines to Annex to the District or abandon the proceedings.
5. Every year in May, the City Engineer files a report with the City Council.
6. Every year in June, the City Council conducts a public hearing and
approves, or modifies and approves the individual assessments.
•
RESOLUTION NO. 49- 19-03GR �a
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION
NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS.
12386, 12332 -1, 12238 AND 12530
WHEREAS, the City Council of the City of Rancho Cucamonga did on the
15th day of August, 1984, adopt its Resolution of Intention No. 84 -228 to
order the therein described work in connection with Annexation No. 19 to
Landscape Maintenance District No. 1, which Resolution of Intention No. 84 -228
was duly and legally published in the time, form and manner as required by
law, shown by the Affidavit of Publication of said Resolution of Intention on
file in the office of the City Clerk; and
WHEREAS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement ", was duly and legally
posted in the time, form, manner, location, and number as required by law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHEREAS, after the adoption thereof, notices of the adoption of the
Resolution of Intention were duly mailed to all persons owning real property
proposed to be assessed for the improvements described in said Resolution of
• Intention No. 84 -228 according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, form, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
WHEREAS, said City Council having duly received considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated work and the benefits to be
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho Cucamonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. 84 -228 be done and made; and
SECTION 2: Be it further resolved that the report filed by the
Engineer is ere y finally approved; and
SECTION 3: Be it further resolved that the assessments and method of
assessment in the Engineer's Report are hereby approved.
SECTION 4: Be it finally resolved that said assessments shall not
begin unt aT fter 60 percent of said tracts have been occupied,
•
'ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
ANNEXATION NO. 19
I
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ANNEXATION NO. 19
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SESSMENT DIAGRAM
CAPE MAINTENANCE DISTRICT NO. 1
F
ANNEXATION
NO. 19
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CITY OF RAINCHO CUCtLNIONGA
ENGINEERING DIVISION Tract 12530
° N� =— �� VICINITY MAP Page__ —_
,ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
ANNEXATION NO. 19
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Tract 12238
page
ORDINANCE NO. 235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT 84 -03, AMENDING TITLE 17 OF THE MUNICIPAL CODE,
CHAPTER 17.08, RESIDENTIAL DISTRICTS, REGARDING
RESIDENTIAL DEVELOPMENT STANDARDS.
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The following sections are hereby added to Section
17.08.040 to read as follows:
I. Slope lanting. Slope banks in excess of five (5) feet in
vertical height and of 2:1 or greater slope shall be
landscaped and irrigated for erosion control and soften
their appearance as follows: one 15- gallon or larger size
tree per each 150 sq. ft. of slope area, one 1- gallon or
larger size shrub per each 100 sq. ft. of slope area, and
appropriate ground cover. In addition, slope banks in
excess of eight (8) feet in vertical height and of 2:1 or
greater slope shall also include one 5- gallon or larger size
tree per each 250 sq. ft. of slope area. Trees and shrubs
shall be planted in staggered clusters to soften and vary
slope plane. Slope planting required by this section shall
. include a permanent irrigation system to be installed by the
developer prior to occupancy. Maintenance by a Homeowner's
Association may be required by the Planning Commission on a
case -by -case basis.
•
J. Usable Yard Area. For single family detached /semi- detached
subdivisions, a minimum 15 feet of flat, usable rear yard
area shall be provided between the house and top or toe of
non- retained slope banks or to the retaining wall in the
case of retained cut or fill per City grading standard
drawings.
K. Visitor Parking. For projects with private streets or
dr veways, Within 150 feet of all dwelling units, visitor
parking required by Section 17.12.040 shall be provided in
off- street visitor parking bays.
L. Gar, a Setbacks. Under the Optional Development Standards,
Tag a .0 0 -C, side entry garages may be located a
minimum ten (10) feet from curb face on public or private
streets, except on corner lots where driveways shall be kept
away from intersection.
/7,)
M. Driveway Depth /Width All lots within single family
detached and semi - detached residential developments shall
have driveways designed to accommodate the parking of two •
automobiles in a manner that does not obstruct sidewalks or
streets. Driveways shall have a minimum depth of nineteen
(19) feet and width of eighteen (18) feet.
N. Street Standards. This section sets forth standards for the
design and function of public and private streets for
residential development.
I. Streets shall have a uniform minimum right -of -way width
of 60 feet, except as provided herein below.
2. Streets may have reduced rights -of -way down to a minimum
40 feet, subject to Design /Technical Review if the
proposed project site demonstrates at least one of the
following conditions:
a. The project is a private gated community and
provides private streets pursuant to Section
17.08.040 -N3, or
b. The project is located in a Very Low Residential or
Hillside Residential District, to preserve rural
character, significant natural features worthy of
preservation (e.g., mature trees, streams, rock
outcroppings), historic landmarks, or to minimize •
cut and fill grading in hillside areas, and no
through traffic access to abutting properties is
required.
c. The project is attached condominium or townhouse
development.
3. Private streets may be approved by the Planning
Commission based upon the following criteria:
a. The project is a gated community where no through
traffic or access to abutting properties is
required,
b. Off- street visitor parking bays are provided as
required by Sections 17.08.040 -K and 17.12.040, or
C. Private streets and reduced widths are necessary to
preserve rural character significant natural
features worthy of preservation (e.g., mature trees,
streams, rock outcroppings), historic landmarks, or
to minimize cut and fill grading in hillside areas,
and no through traffic access to abutting properties
Is required.
•
4. That
standard street widths be established as follows:
DensittRRan�e
Street Pavement 'didth
Conditions
Up to 2 du /ac
-foot standard; reduced
Reduced width requires
width may be allowed sub-
availability of
ject to Design /Technical
sufficient visitor
Review a
parking plus minimum
on -site spaces as
required by the
Development Code.
2 -8 du /ac
36 -foot standard;
Reduced width requires
reduced width may be
availability of suf-
allowed subject to
ficient visitor parking
Design /Technical Review a
plus minimum on -site
spaces as required by
the Development Code.
8 + du /ac
28 feet minimum
Parking subject to Code
and Design /Technical
Review to insure
adequate visitor
parking.
a Reduced pavement width may be allowed where innovative site planning
• techinques such as semi - detached or attached houses, clustering, zero lot
line, and skewed house plotting provide streetscape variety and visual
interest, increases lot usability, or where necessary to preserve rural
character, significant natural features, historic landmarks or to minimize
cut and fill grading in hillside areas.
40
Zero Lot Line. The dwelling unit may be placed on one
nterior side property line with a zero (0) setback, and the
dwelling unit setback on the other interior side property
line shall be a minimum of ten (10) feet, excluding the
connecting elements such as fences, walls, and trellises.
Pools, decks, garden features, and other similar elements
shall be permitted within the ten (10) foot setback area,
provided, however, no structure, with the exception of
fences or walls, shall be placed within easements required
below. Where adjacent Zero Lot Line dwellings are not
constructed against a common lot line, the builder or
developer must five f eitein width erpetual wall
the adjacent maintenance or a lot and
parallel with such wall.
SECTION 2: The following sections are hereby added to Section
17.08.090 -C to read as follows:
11. Transition of Densit . The site plan should consider
compatibi ity with surrounding neighborhood through •
providing proper transition of density, particularly on in-
fill sites adjacent to lower densities. Comparable
densities, open space buffer zones, increased setbacks and
architectural compatibility are encouraged along common
boundaries .to provide proper transition of density.
Clustering units can provide large open space areas as a
buffer.
12. Street Design. Vary street pattern to reduce streetscape
monotony. Curvilinear streets, cul -de -sacs, front yard
landscaping, and single - loaded streets are encouraged to
provide streetscape variety and visual interest,
particularly in the Low- Medium District.
13. House�Plotting. Clustering houses around common open space,
zero lot line, reverse plotting, angling house to the
street, and side entry garages may be permitted if they
provide streetscape variety and visual interest,
particularly in the Low- Medium District.
SECTION 3: The following sections of Section 17.08.090 -D are hereby
amended to read as follows:
Architecture. The architecture should consider
compatibility with surrounding character, including •
harmonious building style, form, size, color, material and
roof line. Individual dwelling units should be
distinguishable from one another and have separate
entrances. Shadow patterns created by architectural
elements such as overhangs, projection or recession of
stories, balconies, reveals, and awnings contribute to a
building's character while aiding in climate control.
Further, changes in the roof level or planes provide
architectural interest. In particular, Low- Medium density
residential development should be designed with upgraded
architecture through increased delineation of surface
treatment and architectural details. The architectural
concept should also complement the grading and topography of
the site.
Scale. The mass and scale of the building should be
proportionate to the site, open spaces, street locations and
surrounding developments. Setbacks and overall heights
should provide an element of openness and human scale.
Multiple family product type (i.e., apartment, condominium,
townhouse) is discouraged immediately adjacent to lower
density single family areas. All attached projects adjacent
to existing one -story single family developments shall be
one story, unless the impact of two -story structures on the
existing one -story neighborhood is fully mitigated with
emphasis on privacy, views, and general compatibility. •
SECTION 4: Table 17.08.040 -8, Basic Development Standards, is hereby
amended to read as shown in the attached Exhibit "A".
SECTION 5: Table 17.08.040 -C, Optional Development Standards, is
hereby amended to read as shown in the attached Exhibit "B ".
SECTION 6: The City Council finds that Development Code Amendment
84 -03 is an implementation of the General Plan goals and policies and that the
General Plan Environmental Impact Report adequately covers any potential
significant adverse impacts. Further, the City Council finds that no
subsequent or supplemental environmental impact report is required pursuant to
Division 13, Chapter 6, Section 21166 of the Public Resources Code.
Specifically, the City Council.
A. No substantial changes are proposed in any goals or policies
which would require major revisions to the EIR.
B. No substantial changes have occurred with respect to the
circumstances under which the project is being undertaken.
C. No new information on the project has become available.
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its
passage at least once in The Daily Report, a newspaper of general circulation
published in the City of Ontar�fornia, and circulated in the City of
IS Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this Igth day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
Jon 0. Mike s, Mayor
/A/
• M E M O R A N D U M
TO: Members of the City Council
FROM: Robert E. Dougherty; City Attorney
DATE: August 28, 1984
RE: Change of Municipal Election Date
Enclosed for Council consideration is an Ordinance which, if
adopted, would change the general municipal election date to coin-
cide with the day of the statewide general election.
The authority for such an Ordinance is Government Code Section
36503.5, a copy of which is also attached. Also, see attached Govern-
ment Code Section 36503.7 which would control the candidate filing
•
period in
the
event the Ordinance is adopted.
If
the
City Council adopts the enclosed Ordinance, it must be
submitted
to
the San Bernardino County Board of Supervisors for
approval. Under Government Code Section 36503.5, the Ordinance is
not effective until approved by the Board of Supervisors.
If the Ordinance is adopted by the City Council, and approved
by the Board of Supervisors, then within thirty (30) days of such
approval Government Code Section 36503.5(e) requires that the City
Clerk mail a notice to all registered voters informing them of the
change in the election date and also informing them that as the re-
sult of the change in the election date, elected City office holders
terms in office will be changed.
If the election date is changed to coincide with the state-
40 wide general election date, the election consolidation procedures
commencing with Elections Code Section 23300 may be made applicable.
RED:sjo
Enclosures �R S
cc: Lauren M. Wasserman, City Manager
W', ERNIiENT ODF,
Cm
DI1141115 :1. OFFICIA S
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� W
ELECTIONS CODE
11I.ECTI0NS CODE § 26:;1
IN DATES
CHAPTER 2. STATEMDE, ELECTION'S
. ..1J. Proclamation
follows:
am''' election the Onvemnr shall'r'J, aprvind mills¢the election . The
Bred year.
be sexed
.,meson nail h? :slued by ;he Gm nm.ar under nil or her nand and the Great Scal of the state' '
the
'aA _h of each odd r.,b, ed
-i" ,_ 1'e IlSth day per m the election and shall state the time of the eiccson and the nfC,m
year.
ss Ire Niel. C.mm of the proclamation shall be transmmed by the Gnvemor to the hearing of
A year
`^ y
..r. ^eon of the rco,ua, .
rn year.
iv;nmd "y Suu.Lti". e. 1 "S, p —. § 11
CHAPTER 3. LOCAL ELECTIONS
9601. General municipal elation
provided in Sections :i�3 36503.5, aril 86;113 of the lio,errT,t Cade, a genera,
v�. ,Im :call Le heal on tns .o,ord T:e,,m to .io,n of ars.
ruled h.[S Vn 197,. c. 1356. p. +Sii= 5 13. ts.l9 : ?, c .176, , :i,Pi, . L n;eu.lodi, e 161J, p.
1. .:r ?cuss, off. Sept. 30, 1961: Stars 1'!n' ='c Sod, p. — 1 4.11
rNCh the charter
rte,
'i t m r. blw.nwicJ ec .J Tue l 1981 \merMmenr. 4aJC oD1.11 nruc ,pm<m 11
do clue,:.,. -o ,i
proelslona are
Iona.r:ia Inc i swnus. r riumma mr. , s
nn 5006 of the Filuca[;on
:"o \menJmrnl. iJJCJ :r2 1,111.110 a: me RV, Cr-, Nvlertnce[
Cede or
-..:,a oI ion Eie,Iiie mun..lpa1 a«r,ers. Ke (rc[emmenl Co,k
iro,M Inc rcf,c, ro Go, C.
le
,el di,tnct Ic,ated in ahanc'ed
o ,1 S )Rol
ay or county elettlon hew In a
• poloo.W.,
: 1602. gchonl district or am..nity college district election
edam. or all u'.ec :mss
7""t es ut"r... prav v:el, t'ne relniar ehct:an to ; n „aril r.. any ,c i
• • thr rm[..,� �f slam •r
f +; r: r, e.all 'i1e self! on t. .d Ta., .t.r .:.c i, -: V,.. n
It I
o,,n
.l meshed by Stats.197S. c. 1076. p 3362, § l:. Stau.19i ?. J 567. , Jb51, a l3 1
118 lmrmlmms. SuhumiioJ ,,, for "Nar” efft,,J •im lm:. amrc n in, + - -a Rosa, &awn
I9'9 \memlmenl. A41,nd r ^nmmuno, crlricl'e d- r•1 t c cc :urlure. ,ve r:. le . ",.cr I:J... o a lwe
1111 i ILO
E.erlraao cl to el ollme 11 Irvilmf A L -
.In;n.0 tinwl dtlrnmu and.ammunn. collvae dc,"e,
31,
$ 2601. Special district election
if any election to <hm,c memben of the g,vcmne carol of a sal ,L,trict i to be totally
con,; ,wd Toy marled hlil!oL. It shall be held on the L,at T,,Iay ,m, ;hc first Monday In
Septemoer of each add- numocred year, ecceot as pro, .'ml o S - '1�'l .5.
held on any day otha than a
(Amended by Stau.197S, c. 1316, p. 1562. 9 LI.:.I -
„ flay after a ,l+w hclmay .
9, p, T, § 17, urgency, off.
IV,
IV, ameM.I. L'.Km d nceriian.
CHAPTER 3. SPECIAL ELECTIONS
$ 2650. Election date
' • ' Each special' ' ilection $hall he held on one of 4.e ,.tat ^.e,i • ii�ct, �lalos let by t ".n
m. n
,Ir. r ar - ,Fu •1'e of :m\' •tatrm"ne ,loci,; �• son �r vie .n pr ri :, :rn .'egos LLin3
h, .i,at[ IBd I. o. 1111. p. SM,
§ 201. Proclamation of covernor
The Go,, ,or [Ball c,!I all vtati lr ' ' ' special cl,,uors by —11:11 a :,rot olnl'U, tlunllant to
S."'."'.'. W In"rc."i of avacancy in "- arrm�,.mng ._�(�rr, r, l'ri1Cr"n shill
I addition, by amentlment
Asterrslis ,ndrwte tl<lebdm by amendmene
Fl
S
�a .
• ORDINANCE NO. 236
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
PROVIDING THAT THE GENERAL MUNICIPAL ELECTION OF THE CITY OF
RANCHO CUCAMONGA SHALL BE HELD ON THE SAME DAY AS THE
STATEWIDE GENERAL ELECTION, NAMELY, THE FIRST TUESDAY AFTER
THE FIRST MONDAY OF NOVEMBER IN EACH EVEN NUMBERED YEAR
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: This Ordinance is enacted under the authority of
Goverment Code Section 36503.5(a).
SECTION 2: The general municipal election of the City of Rancho
Cucamonga shall be held on the same day as the statewide general election,
namely, on the first Tuesday after the first Monday of November in each even
numbered year.
SECTION 3: This Ordinance shall apply to general municipal elections
held in 1986 and subsequent years, prow ided, however, that nothing in this
Ordinance shall limit or otherwise effect the authority of the City Council to
change the day of the general municipal election in the manner permitted by
Goverment Code Section 36503.5 or any other relevant statute.
• SECTION 4: This Ordinance shall become operative upon the approval of
the San Bernardino County Board of Supery isors.
SECTION 5: 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 19th day of September, 1984.
AYES:
NOES:
ABSENT:
ATTEST:
Beverly A. Authelet, City Clerk
/? i
Jon D. Mikels, Mayor
CITY OF RANCHO CUCAMONGA
STAFF REPORT
•
7
September 19, 1984
TO: City Council and City Hang r
FROM: Robert A. Rizzo
Assistant to City Manager
SUBJECT: Advisory Commission Recommendation on Campaign
Financing /Conflict of Interest for City Elections
tp CCGMO,k
F I'2
"a
19'7
The Advisory Commission during their June and July meetings discussed the
matter of limiting campaign financing /conflict of interest for city
elections. The Commission developed a set of parameters which they believed
to be a good starting point for considering an ordinance. In defining the
framework for a potential ordinance, the Commission reviewed several other
ordinances including those from Gardena, Roseville, and Berkeley.
Listed below are the nineteen (19) areas the Advisory Commission recommended
the City Council consider in developing an ordinance for Rancho Cucamonga.
1. Coordinate with Fair Political Practice law, (see Roseville ordinance,
2.60.30).
2. Use total expenditure control guideline from state statute, modified
for local suitability, i.e. maximum $1.00 per registered voter.
3. Leave initiative, referendum and recall control to state statute.
4. Limit total (aggregate) unidentified (under $100.00 therefore
anonymous) contributions to $1,000.00 excess to local charity of
candidate's choice or to city if no charity picked.
5. Limit anonymous contributions to $99.99, any single contribution in
excess to go to charity or city as above.
6. Leave contributions $100.00 - $249.99 to state disclosure requirements.
7. Increase disclosure requirements on contributions of $250.00- $999.99.
a. Individual
City of residence
Employer or field of employment
Continued
I PP
September 19, 1984
Campaign Financing
Page 2
•
b. Non - individual
Address
Type of organization
Formation date
Number of members
Whether individual contributions are required to
organization or candidate
8. Forbid contributions of over $999.99.
9. Prevent aggragation by totalling required individual contributions
(condition of employment, promotion of membership) against group or
organization, and see P. 4 of Poway ordinance.
10. Desirable to allow surplus funds to be held only ninety days after
election, then distribute to charity or city takes and prohibit all
contributions more than six months before election.
11. Forbid contributions through blind intermediary or under assumed
names.
12. Contributions by City contractors limited to $25.
13. Forbid contributions by developers between time sixty days preceding
initial application and sixty days after final approval (recording of
•
tract map).
14. Authorize City attorney to enforce.
15. Impose very high penalties for violation - knowing : misdemeanor.
16. Leave uncontrolled committees to state law.
17. Require incumbents to publish total of anonymous gifts and all
required disclosure information (names, etc.) from campaign in two
newspapers with the highest circulation that are published within 25
miles of Rancho Cucamonga twice in the week before election.
18. Successful candidate convicted of misdemeanor violation loses council
Position.
19. Recommend Gardena ordinance as good starting point.
Additionally, attached are copies of the Gardena, Roseville, and Berkeley
ordinances.
If you desire more information or have any questions, feel free to contact
me. Also, Jim Banks, Chairman of the Advisory Commission will be making a
short presentation regarding this matter at the City Council meeting.
•
RAR1ak
Iro
AV
1982
L
CITY ATTQRNEK
A
,
.. "x•, -c.. .. .. umfaSNet NO. 1622
OMXNANCt.Of TNL COUNCIL Of Tit CITT Of NOSS9ILLS ADDING ClMM
2.50 TO TITLS 2 Of TSS IIOSLIRLLL MMCIfAL CODS LLLATIND TO CAN -
FAIP CONtusDTION 02SCLOSONt9.
•,ro
TIES CITY Of a05t9ILLX ONDAINI. .... .sk.
SECTIONS 1. Chapter 2.50 of Title 2 of the aosevulA
Municipal Code is herey added to read as follose.
CSAflSrl 2.50 '
G1I0AIP CONlRISptfES1 DSSCG02OSS -
2.50.20 ►SedIn4s. fea'nnN and'Most. The Council of the
City of Massif I rams W aetea'NasMe char iDOerest to the h19h
cost of electtan oaspe190is0 is "a pavbir of improper fatioe ,
seal or potrtiel, sxereisM also elepted officials by Campaign
contributors. It is tea purPDM had Infest of this chapter to
identify major aontributors to MnlcIpal political easipalgas,
and to thus alleviate such improper "flu"". beta real aad
potential.
tf2
2.60.20 Su lwnte im of State This ordimanee
AC
is Intended to supp tern 1i G Y orf Ant of 1924.
'1
Unless otherwise provided MrNn, words mud phrases. used In
.I
this ordinance Including reporting periods and thresholds,shall
D.
have the ease Slashing ae defined in the felitioml pion Act of
1974, Title 9 of the Ooverrent Code -of the State of California, as
Said Mt now exists or say hereafter be aWr%dad.
2.60.40 D fInitioms. Whenever In this chapter the
following words or phrases era used, they shall wan.
A. 'Candidate- Shall ran any individual who is listed
on the ballot or who has begun to circulate nominating petitions
�.
or authorised others to circulate petitions in his /her behalf,
l Z
for nomination for or election to any elective City office, or who
- y :
receives a contribution or makes an expenditure or gives his /her
consent for any other person to receive a contribution with a
vier to bringing about his/her nomination or election to any City
office, whether or not the specific elective office for which he /she
�.
will Soak nomination or election is known at the time the contri-
bution is received or the expenditure is made and whether or not
he/she has announced Ms /her candidacy or filed a declaration of
candidacy at such tie, 'Candidate also includes any holder
of any elective City office who is the subject of a recall
election.
5. 'Contribution' shall man a paymert, a forgiveness of
a loan, • payeent of a loan by a third party, or on enforceable
promise to make a payment except to the extent that full and
adequate consideration is received unless it is clear from the
surrounding circumstances that is is not made for political
purposes. An expenditure made at the behest of a candidate,
committee or elected officer is a contribution to the candidate,
committee or elected officer unless full and adequate consideration
is received for .Waking the expenditure.
TAe term "contribution' Shall include the granting of
discounts or rebates not e.tended to the pub -.ic genetally or
the grantinq of discounts or rebates by television and radio
stations and nowsoapers not extended on an equal basis to all
candidates tar the mar officel and the paya•nt of compensation
by any person for the personal Services Or expenses of any other
POISON It Such 00 wiCes are nnder4d OR'espeanaS incurred on behalf
of a candidate or committee without pmymmnt of tulI and adequate
Consideration.
C. *Controlled Committed* Snail Seine Completes which is
Controlled directly or indirectly tpyy es
a candidate Or which ac
jointly with • candidate or control lad committee in ca•heatioe
With the making of expenditures. A candidate controls, • Committee
If MISM, his /her agent or may other Camosittee he/she Controls
has a significant influence an the actlau or decisions of the
Committee. .. ..
o. •111actlou• shall ran any general or special election
held An the City of aosswille, including Say recall eleetioe.
t. -person- shell lean an Individual, proprietorship, firm,
partnership, joint venture, SYMAeaca, business treat, campmny.
Organisation or group of persons soup in Concert. any other
1.6030 Anon • nntribottoa•.'
A. 'rho tot• anonysoue coat[ wri received by my
candidate or wfttroiled Committee •hell not exam" one Modred
1111001 dollars from any parson ea ROSARY...
s. To the extent that total anonyrus contributions are
received in excess of that permitted by this Seaside, Said excess
Mall be paid by the Candidate or controlled Committee to the
City of sosevilie for deposit In the General fund of end City.
1.60.60 A22904 PM Cmntt ggions..•mo'ooetruntion
shall he Weds, direct yT of Indirectly, My any parson ar edmhln-
anon of person Seriaalq jalnelY in a Mae other them the Oar by
which they ass idntifiad fee legal purposes. MR is the same
or another person or aoObimmune of persona. No parson Shall Oaks
a contribution in him /her or its name of anything belonging
to another person or rewired tees another person an the aca-
dlt5on that it be used as • Cdntribatioas : Miss, it is discovered
by a candidate or controlled committee that a Contribution has
been received In violation of this section, the candidate or
controlled committee shall pay promptly the amount received in
violation of this section to the City of sosssille for deposit
in the General fund of the City.
1.10.70 So pert of ntribwiiens R cowed, on the
Medneadey Restating any •cot On. , Cend�ti and each
controlled committee shall submit to the City Clerk, by not later
than 5:00 P.M., a list of Contributors. Said list shall contain
the names of all persons Who have made a contribution or
contributions to the candidate or controlled committee in the
cumulative amount of OM hundred dollars 151001 or nett. The
list Shall contain the names of such contributors and the cumu-
latiw amount contributed by such persons.
1.60.80 publication of Contr bu Ore. The City Clark
Matt cause all lists s.b.,tte in acco[OeaCO witn the provisions
of Section 1.60.70 to be published on the friday preceding the
election in a newspaper of general circulation in the City of
Rog" 11 le.
1.60.90 violation Unlawful. Any person who knowingly
or willfully violates any provision of this chapter is guilty
of a misdemeanor. ,
U
/�i
I
L
f. {0.100 set et violatiom m on Came of t1 tion
If, after his alocales, a caWiGUTconv ec of a vto-
latiom of any provision, of this Chapter; tbe'slect/en to office
of on" candidate "Oil be mid and Such office Mail became
vacant immediately thenppon, or
an the date Upon whleh the CandL-
A"* it We" is not an incumbent, would otherwise take office,
whLCherer occurs later. to such areas, the vacancy Sall be filled
Is accordance with the procedures Set forth in the City Charter
for the filling of vacant City offices. it a candidate is cao-
victed of a violation of this Chapter at my time prior to his/her
LLaetlo Candidacy ar his /her Candy shall be terminated immediately W
hthem shall be an leper eligible for, election. Any person cm-
vleted of • vfolstim of this Chapter shall be ineligible to hold
City elentivt office for a period of three (1) years from and
after W onto of his conviction. , _ ,.
2.60.110 toles o[ tonSCSUeeiom. This Chapter shall be
construed liberaliy n to a aocoato its purposes.
No error, irregularity, Suformallty. neglect or mission of
any officer In any PrOCedure taken under this chapter which
data aft directly affect the 3WIDdlation'of the Council or
the City th control campaign Contribution disclosures shall
avoid to affect Of this Chapter.
2.60.120 t� it any provision of this
Chapter or the app can re of to busy parent or eiraumsance,
is bold Invalid, the validity of the remainder of the Chapter
and the applicability of such provisions to other persons and
cirwustances shall set he affected thereby.
SRTION 2. This ordlnamt shall be effective at the
expiration of thirty 4101 days from the date of Its final
• passage.
SECTION 1. The City Clerk 1S hereby directed to cause
this ordloance to be published Once alter its final passage
In a newspaper of general Circulation In the City of Roseville.
FASSEO AND ADOPrtD by the City Council of the City of
Roseville this IM day of Msh , 1992, by
the follming vote a ar
all,
AYES COONCILMfMBEPS: June Vanish, Richard Rocaucei, Harry Crabb, Jr.
ROES COONCILMEMBUS:
Mme
ABSEW COONCILMENSCRS:
Byron C , Go B lan
"
MOR
It •.
ATTEST:
i
��>ew.✓
'ibN.
CITY CLERK
•her'
!�1
J
•
0
:ES
t.. TLAX LY 2 WEEKS PL"SE
y- /,2 -z�
Z-C- Z -6
NATALIE E. WEST
City Attorney
Berkeley, California
City Attorneys Department
League of California Cities
1982 Spring Meeting
Long Beach, California
CURRENT LEGAL ISSUES OF CAMPAIGN FINANCING
On December 14, 1981, the United States Supreme Court invali-
dated a Berkeley ordinance limiting the size of a campaign con-
tributions to ballot measure campaigns. Citizens A ainet Rent
Control v. Berkele (1981) U.S. 0 L.Ed.2d 492.
The Court reverse an earlierdeeccision or California Supreme
Court which had upheld the ordinance. Citizens A ainst Rent
Control V. City of Berkeley (1980) 27 Cal. Eight or
the justices, writin four separate opinions concurred in the
result; leaving only Justice White to argue that the ordinance
should be upheld. The decision represents another facet of an
expanding body of law concerning campaign finance. Because
most campaign finance legislation is adopted at the federal or
state level, this area of the law is of limited concern to
city attorneys. Nevertheless, the legal analyses that the Courts
have applied in reviewing campaign reform cases are theoretically
interesting for all of us who must draft and enforce ordinances
that may affect expression and association. This discussion
may also have some practical application for those attorneys
whose cities have adopted local ordinances regulating campaign
finance.
Most campaign reform legislation was adopted in the post -
Watergate era. The rapidly increasing cost of running for
public office, and both actual and apparent examples of improper
influence resulting from large campaign contributions have led
to a widespread public perception that money controls politics.
Largely in response to the abuses that came to light after the
1972 federal elections, Congress substantially amended the
Federal Election Campaign Act. The Federal Election Campaign
Amendments of 1974, 88 Stat 1263. The federal act limits cam-
paign contributions to federal candidates and provides for
disclosure of the sources and amounts of campaign contributions.
The federal act also limited expenditures in certain federal
campaigns.
a o
At approximately the same time, the voters of California •
adopted by initiative the Political Reform Act of 1974. The
Political Reform Act was drafted in large part by advisors to
Jerry Brown while he was Secretary of State and Brown closely
affiliated himself with the campaign in support of Proposition 9
during the June, 1974 primary election. The state act regulates
campaign disclosure, lobbying and conflicts of interest involving
public officials. At the time of its passage the state act also
established expenditure limitations for state campaigns involving
candidates and ballot measures. In the same election, the voters
of Berkeley adopted the Berkeley Election Reform Act of 1974.
Berkeley Municipal Code Section 2.12.005 at seq. Berkeley's
local ordinance was derived primarily from the state act but
also included contribution limitations on candidate and ballot
measure campaigns, as well as several other provisions. Several
other local governments have enacted campaign financing ordinances,
including Santa Cruz, San Diego, San Francisco and Santa Monica.
These campaign reform laws immediately became the subject
of substantial litigation. Most of the challenges involved
constitutional issues of freedom of speech and association.
In resolving those questions, the courts have distinquished
candidate campaigns from ballot measure campaigns and contri-
butions from expenditures. Based on these decisions the extent
of regulation that is permissible can be diagrammed as follows:
Candidate Ballot Measure .
Campaigns Campaigns
Disclosure Yes Yes
Contribution Limitations Yes No
Expenditure Limitations No No
The remainder of this paper will discuss each of those topics.l
Expenditure Limitations
A cornerstone of the Court's reasoning in all the campaign
cases since Buckley is that the money equals speech when used
to make campaign expenditures. Prior to Buckley many of us had
urged that spending money in a campaign is not speech but conduct.
United States v. O'Brien (1968) 391 U.S. 367. Further, we con-
tended that money campaign is a means of amplifying speech,
and it can be regulated by reasonable time, place and manner
restrictions; much the same way that sound trucks and other
amplification equipment can be regulated. Kovacs v. Coo er
(1949) 336 U.S. 77. In Buckle the Court rejecte this analysis
and held that spending mone� an essential part of communicating
in modern society.
•
'I have not addressed any of the issues raised by public financing
because the severe fiscal constraints on local government make
it unlikely that cities will attempt public financing.
-2-
In Buckley., the Court invalidated the limitations on expend-
ld
• itures, hoing that they were a direct restriction on the quantity
political expression and that the governmental interests advanced
to support the limitations were directed at suppressing communication.
(The expenditure limitations were intended to equalize the ability
of underfinanced groups to participate in the electoral process).
The California Supreme Court followed the reasoning of
Buck and struck down expenditure limitations for ballot measure
campaigns in Citizens for Joba and Ener v. Fair Political Practi
(1976) 16 Cal.3d 671 an Aar Is v. Eu ( 9 cal_
Contribution Limitations
Contribution limitations have fared somewhat better than
expenditure limitations. In Buckley, the Court upheld the
federal contribution limitation, stating that unlike an expend-
iture limitation, a contribution limitation "entails only a
marginal restriction upon the contributor's ability to engage
in free communication," 424 U.S. 20. The Court reasoned that
a contribution represents a symbolic expression of support that
does not increase perceptibly with the size of the contribution.
The Court determined that this restriction is justified by the
very significant state interest in preventing corruption or the
appearance of corruption that can occur when large contributors
• use campaign contributions as a means to advance their own
legislative goals. The analytical distinction between expendi-
tures and contributions was carried one step further in California
Medical Association v. Federal Election Commission (1981) U.S.
69 Ed.2d. 567 in which Justice Marshal to ne y three other
justices, upheld the federal contribution limitation as it applies
to organizations who support their own political action committees.
The plurality opinion comes close to concluding that contributions
are not constitutionally protected. However, both decisions
involved only candidate campaigns because the federal act does
not regulate ballot measure campaigns.
In Citizens Against Rent Control v. Berkeley, the issue
before the Supreme Court was whether contributions to ballot
measure campaigns can be limited in the same way that contri-
butions to candidate campaigns can be restricted. The Court held
that such limitations cannot stand.
Writing for the majority, Justice Burger concluded that the
Berkeley ordinance was a restraint on freedom of association and
speech stating that the City of Berkeley "cannot be allowed to
hobble the collective expressions of a group." 70 L.Ed.2d 499.
Most important, the Court determined that in a ballot measure
campaign there is no significance state interest that can be served
• by limiting the size of a campaign contribution because there is
-3-
no potential for obtaining a guid pro quo as there is in a •
candidate campaign. The Court stated that "it is clear...
that [the section] does not advance a legitimate governmental
interest significant enough to justify its infringement of
First Amendment Rights ". 70 L.Ed.2d 500.2
Justice white, the sole dissenting justice, would have
upheld the ordinance. His dissent points out the problems
that arise in ballot measure campaigns when large economic
interests spend enormous amounts of money.
This data is much more dramatic at the state level than
in local campaigns. Daniel Lowenstein, previously the chair-
man of the Fair Political Practices Commission and now a professor
at U.C.L.A. school of Law, has conducted an exhaustive study of
funding in statewide ballot measure campaigns. He has found that
large amounts of money skew the outcome of ballot measure campaigns
particularly when that money is spent in opposition to a measure.
His study shows that of 15 propositions supported by significant
one -sided spending, defined as spending of at least $250,000
and twice as much as the opposite side, seven big spenders were
successful and eight were defeated. on the other hand, of 10
propositions opposed by significant one -sided spending, 9 were
defeated and only one was successful.
We are all aware of major media campaigns conducted at the
state level by economic vested interests including tobacco, oil .
and energy companies. Between now and next November, we can
look forward to a major campaign funded by soft drink and beer
distributors and bottlers. To the extent that these economic
interests can dominate the campaign and confuse voters, they
are frustrating the purpose for which the initiative was adopted.
In contrast, in Berkeley there is no evidence that large
campaign contributions affect the outcome or make any difference
at all in campaigns. Since the limitation was enjoined in 1974
there have been 16 measures on the ballot. The contribution
2
The Court had previously acknowledged differences between state
interests advanced by restrictions in candidate campaigns and
ballot measure campaigns. In the case of First National Hank
of Boston v. Hellotti (1978) 435 U.S. 765, the Court invali ated
a Massachusetts statute that completely prohibited corporate
spending in ballot measure campaigns, holding that the actuality
or appearance of corruption may justify a restriction in a
candidate campaign but the interest is not present when the
vote is on an issue rather than a candidate.
lJ
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'i .
•
limitation was exceeded in only three of those campaigns.
All three were rent control measures in which real estate in-
terests sought to block the adoption of rent control. But
rent control passed in two elections despite substantial
financial opposition.
The lack of persuasive local data hampered the City
in making its case before the Supreme Court. If we had been
able to muster sufficient facts, it is possible that the case
would have been decided in the City's favor. In their con-
cerning opinions, Justices Marshall, Blackmun and O'Connor,
seemed to leave open the possibility of upholding a limitation
if Berkeley could demonstate a genuine threat to its interest
in maintaining voter confidence in government. 70 L.Ed.2d. 502 -3.
However, for the present, the five -vote majority opinion clearly
squelches any possibility of contribution limitations in ballot
measure campaigns.
Disclosure
Most campaign disclosure laws require candidates and
committees to file periodic statements which disclose the names
and addresses of major contributors and also identify the ex-
penditures made in the campaign. The state requirements are
set forth in Government Code Sections 84100 et. seq. These
requirements apply to local candidates as well as state candidates.
The constitutionality of campaign disclosure was upheld in
Bucklev v. Valeo, 424 D.S. 1 (1976). In Buckley, the plaintiffs
Challenged the federal disclosure provisions as unconstitutionally
vague and overbroad. The Supreme Court rejected the challenge
holding that compelled disclosure is justified by governmental
interests that are sufficiently important to outweigh the
possibility of infringement on freedom of association. Those
interests include the (1) providing the electorate with infor-
mation concerning the source of campaign fund, (2) deterring
corruption and the appearance of corruption that may result
from large contributions, and (3) providing record keeping to
enforce contribution limitations (discussed below).
The Court indicated that minor parties may be entitled to
an exemption from campaign disclosure if they can show a reason-
able probability that contributors would be subjected to threats,
harassment, or reprisals if their identities are required to be
disclosed. BB�u��c�klle v. V��aleo, supra, 424 D.S. at 74. To implement
this holding, the, the California Fair Political Practices Commission,
the state agency charged with implementing the Political Reform
Act, adopted an administrative procedure permitting a minor
party to obtain an exemption from disclosure after an evidentiary
hearing. After the FPPC granted an exemption to an unpopular
minor party, the Legislature passed Government Code Section 84400
which prohibits the Commission from exempting anyone from cam-
paign disclosure. Thus, at this time, a judicial proceeding is
the only mechanism by which a minor party could obtain an
exemption from campaign disclosure.
-5-
�n
The state campaign disclosure requirements and Berkeley's •
local requirements substantially parallel the federal structure
and have never been seriously challenged.
The Berkeley ordinance contains one additional campaign
disclosure provision that differs from the state law and has
proved very useful in local campaigns. Under BMC Section
2.12.065, the City is required to publish a list of all con-
tributors of over $50 to candidates and committees in the two
local newspapers at least twice in the week prior to an election.
The list serves a significant public purpose in making the source
of campaigns funds available to public view and makes interesting
reading for those in the community who follow local politics
(even in small type). The City publishes this information at
its own cost, which is a major constraint, given the current
fiscal situation. Publication costs were $2,310 for the April,
1981 municipal election, and $450 for the special election in
March, 1982. In many cities, newspaper reporters review the
campaign statements and publish articles disclosing sources of
campaign funds, an informal practice that serves the same public
purpose served by the Berkeley ordinance.
Another aspect of campaign disclosure other than financial
disclosure is requiring the source of campaign materials to be
identified on the face of the campaign literature. over the
years, California has had a number of provisions requiring •
campaign literature to disclose its source. In 1977, the
legislature combined existing statutes and reorganized them
into one,section, Elections Code 29410. The revised section
required every piece of campaign literature to carry the name
and address of the business or residence of a person responsible
for it and was promptly invalidated in Schuster v. Municipal Court,
(1980), 109 Cal.App.3d 887, 891. Hearing denied Cal. 3d_
Cert denied U.S. 1981.
Striking down the statute, the Court of Appeal held that
the statute was an unconstitutionally overbroad restraint of
freedom of expression and violated both the State and United
States Constitution. Arguing in support of the statute the
state claimed that it had a compelling state interest in the
integrity of the electoral process. In reaching its decision
the Court acknowledged that disclosure of the source of campaign
literature serves a purpose in assisting the electorate in making
rational decisions at the polls but held that this interest is
not sufficient to justify a blanket prohibition of all anonymous
campaign literature. Even though the case was decided a year and
a half ago many people are unaware that California no longer
has a requirement that the source of campaign communications
must be identified. In my opinion, the legislature could draft
a narrower provision that would require disclosure of the identity
of those who publish and distribute campaign literature but thus •
far the legislature has not grappled with the problem. The City
of Berkeley may try to adopt a local disclosure ordinance on this
subject.
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1
�a
§ 4.16.01 I,ARDENA .AIUNICIPAL CODE § 4.16.01
tvilLi3UE OF cAmrow IA C vEs
r -
1408 S Still
CHAPTER 16, ELECTION CAMPAIGN FINANCING•
• at, A J&N LN • vu PLI` 1-:
Sec. 4. 16.01. Purpose and intent.
1ASS
F
n
Incidental to the huph cost of election campaistum, the problem of
C1 r •
improper influence. real or potential. eaemised by campaign contributors
a
aver elected nffirials.
. It is the purpw and intent of the Council in martine thi, chapter to
plan n sl6tir and enforceable limits on the ami whir h m» be con
odiottd for political campaigning in municipal election• to plat r n•alirw
and ndorerably firms, on the amounts mdntduak mad eontr,hute to
Itoltcl ,ampaigns to municipal elections; to insurr and promote umtmin,
hooc,n. and lannr_r m the decassona of public polic.; to neon that fund.
ao,l r „n te, donated to a candidate or campaign committee are urrd tolrN
Le laafol campaign purposes: to insure a lesel of discussion of public
1 n,. adequate for a .hide political campaign and to
pro% ol, an opportnmtn for all citizens to become candidates for pubha
,dhre nnhmdered h, a need to meet esorbdanl campaign costs. to require
a full puhhc di.clnnme of campaign contributions received, the names and
addr. , of runtribolm. to such campaign.. and the purpose and amount,
of espmdtturer m political camps ins to municipal elections. and to pro-
,oil, fur the hell and fair rnforamrnt of dl the pro.uwns of tht, chapter.
In seeking to vstahlirh .ueh reahrtic limitations an campaign costs.
it m the intent o1 the Council to promote a broader and more open parts.
cipatson b. all citizens in the electoral procres, and it is in no way
intended that such limitations should act to depmv or restrict any citizen
to the esercisr of his rights guaranteed under the First and Fourteenth
Amendment. of the United States Conetimtion.
•
The Council rinds, in this regard, that municipal election constitute
municipal aflaor and that the rvasonahle n'gulanon thrreof air -•'t lorth in
this chapter air prmotted k Srcoon 22808 of the Election Cad, of the
Rate Further. pursuant to ection 81013 of the Ilr„en,ment Cod, of tlr-
Slate. it Ir d, termmed that the Political Reform Act of I474 .ball apph
to local election- and tbai the additional requirement- mpo —d h} the•
chapter do not pn +dud, an, pen n from , orepl.mg wrth.ad Act
(§ 1.1 rd I l6 eft Alan 1, J”) 19 -it i
•4 odmam \n lo__ tan„ L,r 14 Is,'1 .u, eel b, referendum prat eedmc
timed at Ili. I, ,,i tlum<rpJ Fl,t on held on March ]. 1976, ,noted b, W
W, U, l tan the , oonal .,,, Made 4. 19],..nd roohnerd and eirv,t,,. %1,,F. 4
1476. e, 1'•.•iuune \0 3le]. adopnd M.rdr o. 1976 Clupte, It, enmbd
"tlerunn , amparan I t, ,n6ummi- and Lip ndrinrr" e* o oor of ww,,
i 16011M,mM 416 I- • Ad. d It, rod rn4... No 1022.e ff,m,\larch 419-1,
a n,rnd,d b, n disc, r \,. 1U01. eit,.l 1,r Uct.ber 20. 1977, unrnded m cur
,ow,, b, i i. I nd,cm, a \u 11 A,. cite, 1,,r Ab..h N. 19'9
Re, et No 43 Nove,,w 70. 1979
1181
1
�a
.. § 316.02 I.ARDENA MUNICIPAL CODE § 41611_
Sec. 4. 16.02. Campaign contributions Limitations: Disclosures.
(a) Contribution defined. For the purpose of thou action, "cos
tribution" shall mean a pal mcnt, a freovenes of a loan, a pa•
ion b) a third pan %. or an enfomrablr promrs to make a payment, ax
crpl to the extent that lull and adeyuale roneukraton t, reeeo,d. rk,.
II 11 clear from th. mnuunding ctmumatann- that it a and made fur
political purpo,, \n expenditure made at IIu hehrd of a candidate.
romere or eh'eled officer t> a ronlrlbuhon la th, o.ndolat, oum.
mitre. or - 'bard ulfnrc unle -r toll and ad „quab tlnl -td, Talton o- n
rapid fnr makme th, a 1. editor,
the I, rte ',manlmbuu' .hail include Its porno -e o1 ticket. for
,it- title a. dinner:. luncheon.. ullio. and •mular fundr.om;',otb
the t nedidat, own money or pmprm to rd on behalf of hn eandrdacf
0.. erantms..f der ouri or "bate, not extended to the public penerall)
or the gram ... : ul dwounts or "ate, b1 teletreion and radio EuNun>
and II n -pap ". not exVend•d on an equal bass to All randtdae- for the
-am, ,dlr, +ml Iit. pnm,et of compensation b) an% fiction for the
p,, —oJ - tie - nr et p. n..- of am olio per>on if such vn ¢e• u.
ned, r d or xp,ol... t orrrd nn h,dUh of a candrdar rrt eommnt-
.Innon ate pat m, In ,n lull and ah gnat„ oo,ol,rainne.
1 h• I. me , etokotono -lull further meludr m1 tree of am
thin_ nI o.do- n n, d In a,vmmdb tmnr anulhercnmit e.
the 1, nit "; mnrihae,n” •ILII rot umlude ant mcebed pur.
-u.ml to a, .ulnn Bald, Fenno., lu th, ex U'nt -uch amount, leer bnn
j00%iou4% npurt -I +. a imtel,ution Ilol.rt.r. the fat that .uch
un uunt. Line been rv'r, t>ed .hall he Iudicalyd m the appropriate camparn
.late meet
V.1.,thruudnle do b,r. _tine definition of cunmhution the tern
-Imll and Iu, Ind, v,Ilnn.,r per -,nrl - ,nl, - -nr pat mrno- mad, bt un•
Indn;dual ho hr- ...... Ira„I , p,n -,• If -r 11 pat mint- are mule
ulunt+nit olllonn an, nw;ertUndlnc th, -hall h•
duerlit ..r oohi r'pald I, Iort
r I., Vers on JrrineJ I,,; the pnrpo., ul dn- - ..,Uon. "prt -,nl .
.h JI nu .m .. m he ,.d pn•prn b,r.iilp lirm pane -r -lop, joint t,nUlr
.,
.,j,, +J, Lu n ,-0 up.: , m1 „•a In ai .. , n+l ... n rommtlt•,
nr nn o, ,,
than + and,dar
.Ilull mok• _•Ir;I . p, n.. I mi,n l..... "ht 1, •6JI eau., the teal
,Ineunq ,.., In.�a t. L• -a. L , —, , .ale n -p,” t I,. a -o;,d, ,I, too Irt
; r
e.;.a. 1 I I n, Ibn.It. i .ed no IUUIII-
t• -car tat. II,JLn to yp ,nine. „ .; no-
nett. .h.,11 1 .1 ... .,u... ; t , it Illl late „n
IIERH
-�p7
-.v -, No a] Noromoe, 90 1979
•
•
§ A• If, .00 6ARDENA \IaNICIPAL WOE § 4 16.07
(d) Anonymous contributions by vldivfduofs. No person shall
make, and no candidate or committee shall Whit or accept. any anon
ymous tuntrihulson which Bill eaux the total amount of anonymous
contributions by oath person wllb respect to a single election to be Fift)
and nca 100tha f f .50.00) (lnllar, m more.
my anonymous contnbutson of Fifty and no11001hs ($50.00)
1)ollan or more shall not br kept Ls the Intended rempmnt but n -i�adl
-hall Ir promptly paid In Ili, lr.v -ono of the Cits for depo -n m IM
Gran ral h and of the (.rh to he u-ed for the• purpose of defraying the rost-
ol eIerllnn- lame bs the tat, and -hall not be urd to brmfil am
I andtdalr or rommdtre.
1 r').anon vinous coninbunons lntalanun)moa,rontnbunonr w
a eamhdah re rommlmet which ......I m Ih, ae¢rtgatr Fie Hundred and
no 100th- (.`.500.00) Ilullsrs nth r,sprrl to a smglr elrcuon shall not be
un•d h, the candidate or the cnmmnree of the candidate (or whom the)
were Intended. Total ananNmo., rontributiom ryeeedmg Five Hundred
and no 1001h- (F.51)UMh 6o16r. -hall be placed in the General Fund of
the felt, wlthm not bu•rne,- da) after the reporung date. and shall 4
rarni and u-r'd iar the purpose of defraying the costs of elrcuon-
Mme by the (:Its. and -hall nil Ire used W benefit ans candidab, or
rommntee
(f) Co rnburlons mode on behalf of another. No person ;hall
make a enntnhuuon m. brhal( of another, ur while acting a the toter
median or agent of another. without dnelomrot to the recipient of the
rontrlbuhon loth thr per,4n': itaernvdur, r. or aver', own full name
and .tryst addrer. urcupalion. and the name al Ihr per.un'r, mtermedi
A" r. or agent•- emplot er. if un. or the persons intermedisn's. or
agent- pnntipal place of bu+mea If the per -on. mtermedsan. or agent Ie
rlLrmplused. Ihr rvr,p,nt .d the eomnbu0on -hall ales. br made awue
of the full name and -wrt adder— and ur rup4uml and Ill. name ..I Ili,
rmplus<r. II am or prow Ip.J pha'r .rI bu•me -- II - .Ibrmpl.a rd. of tb,
arulal cnntrlhutor
icl Assumed name nnlrnhunons \.r .onlnLuuon ;hall I.-
nude, durrlh ..r vollrrlh. hs am pr* -mr err .mnlanalu.n of pen..n•
acting)ninth Ie a nine .silo r Alan t - "it, In which th +s ar Ids ,w —1
Inr b.al par(•... nor ip Ih rann .d an.nhor prr•,m .•r ...nlLlnal.m
perorl- \,. L. r..r J . hr
.,.I anal.. . ..nlnh.IU.m m ..r Ih nd]It .A
.a.vlluog l•.Ld :,I:l. .• tI, r.-re am.lh• rp.r...n
lhv Iundnl. r.. UaI n b, a -..1 .ngnbnugn I p.m dl -.o,rn 61 a
r uldulab ..r Lr 4u.y.1:.• Ir �. c r ...n enlu,. Y.ul ....ninl.ubr.1, he.
Lmu r..Ir•d a .r,!,Ii. i, d,r .Ii... w.n Ili ';,...nn ...ru..l u.
sudauon of lln-- .11 -. 1.01 -$1411 1" pn,ngglr p411.1 Vnn. 4 \Ill.rbl. runp"&m
lunrb I.. Ihr Ira -nor rd Ih. IJI\ t, r dr.ln.•It In Iln 11, (41 fund n1 11.e
I.us and •hall hr rmo4rk.d b. h. v —i I.•r III puq....r of .1. lusms de
j n 1
Nt 49 hare -1v 90 1979
I I Il I'I
e § 1.1011' (.ARDENA MUNICIPAL (.ODE § {.1603
rust. of Idoctione hum, ba the Lin. and shall not I. used to benefit am
candidate ornrmmmer
(11) Conrinbunons by City connocuon..
111 \a p„rnon %hu contract.. with th, Gn. rnher for the
nooliLion of pertemal enlee. or for the to mo-hmg of am matenal,
.upplit.. ,x rI pup m.'nl to Ili, Gn. ur for Asita am land or building to
III- (A,. dttrrt]) or ouhneth, shall make an ron0.bution to a can -
du1a1.,' If ...nn roll, .' 21 an) son. her. ern the commit it, meri of negona,
I on. for and during ( I ) use enmplrnon of the prrfunnanrr undre, or 12)
Ito 1- nmurirou of n, ti,twon- for -uch con uo or W fore Aing of
Trial, ral.,oppll• ,vpupm -nl. land. or budding w hch,•s rr or cur- later.
171 \u randulat -, agent for a randldate. committee, or
a_ ut I.e a . mmmW, shall knowmgl) solicit am contribution from am
p, non pn.hd.Ib d I.s >A - -riton (I I of thu subsection from making ouch a
. o aribub.m
(J Fund -mnmg evrnua In the e.ent a candidate or committee
dean, - to 11211 a .:impugn fundraising sent of any kind direct]) con -
It,. I. it wnb a . anq,uo' for public officr. then In that connection the
. audldal. or . nnuoot, -hall IIh a .ut, ment -howmg the gross income
Ir..,.. ..,rh , , nt and 0., ....1- .d tiro item doll Ie• d,•dueled from the
.v.. -- o-.pt- and tin Ito h¢on -hall apph to the -um: whrth 61 Ihie
.iupl..r air p, 111,dit, It r,p -ndrd
(j1 I'Iolations \m smlabon of IN pro% ninn< of this section
.hall )I, ,ublecl to tll.:ame.nlorrm•ment prm lsn.n -,et forth in Secnons
ullanl through 01014 of lho s.ovmmmt Lod- of the male, which
bon - are lit IT i u'orpornt d he vftmnce
I. I INI I I:its , if NUO, 7n 19791
Sec. 416.01. Campaign expenditures uncontrolled bN
candidate, or committees.
P, rot....I nGalnranum n.,t - ulgrrt to th,' — titrol of a, andldal„ tun
o Ir., make • (., ndlmn. for ..r auaont a rarebuilt -hall side at, rirarls
.n, aos manr,.11 pvblrhrd drplas nl. nr Lmad.. a.t thin It wa- not
anlh..nn.d I,t a undnlab MI...n -nrh \prudlnn-- m who, nr in part
w.ndd ha.• i•.•:, r. I In th, poi. oo n.. oi thI hipl•'r it 0n. w, r.
l.. lh. .,.,i r•I, ;. ,.•..1, i.a. •.I.h per.on -..r nramxauun- -hall
„•tu d. ' .:'u'_ r l'ur. m.1. II. I..n.an.hdab -and m
1 ., n!. all 1:.� � .. ton, �.
nolt,1 b. n..- hap I
I Id 7u
„�Z
•
Fro, Na a) Nme+ma, 70 1979
•
P,
§ 116111 oAROENA MUNICIPAL LODE §4-16N
Sec. 4.16.04. Suppliers of goods and services: Disclosure of
records required.
No perMln Nho AIppho good, or Nnfces. nr both good, and RMlcea.
to a candidmr or committee for use in connection .nth the campaign of
the i,ndofat, or for or Ar.not a meii shall nduv hnowingls to do ulge
or ihv lu-• II• lhi rnforermcnl authonh ho o -ord of am esprndrlurr.
to.4, b, th• nodldatr or cnmmittrr In pasmrnl for •nrh gwd- or
.rnu'r., or Loth
I § I . I IM. 1171.. • It Man 1, !9. 19-91
Sec. 4.16.08. Enforcement autherftn.
Fur l6c purpov, of this chaptar. "en(otcemrnt aulhont).. shall mean
the 016"1 \norurs of the founts andlor the Anomrg General of the
run lur all r.,J and I normal rnfore ement
I § L I Inf 1136.. to. March 29. 19:91
Sec. 416.06. Penalties.
A11 prnaltir- pre- erihed bl the Political Reform .Act of 19 74 shall
apph to III, prou.mn: of thie chapter.
In 1,IIrd IIih,•I( Man to 29. 1979)
Sea 4.16.07. Rules of construction.
To,, pr.•Iw.ni -of Ilu- chaptrr shall4 constmrdlibedl., inorderio
at ompinh ti, pnrpo. - of rho- rhaper
I§ I Itrd IlIf, - If Alarrh39 19-91
Sec. 4.16.08. Seterabilih,
• II an, yro.I -uvl of II .6 apter or thr appllc anon th,of tI, an%
p• r - -eI or - r Ia Ian,I .I -I ImA d tnr ,Aidm of th• rim awdrr of
Ih, , Imphr and III, apple 11 jIt, •.f -,It pot n1Rnn. m nth,I p. row - and
uI nm- Ian,'.- dull not h, ana t.d Ihrrrht
I C I I Ird I I.I(, 'If \I,,?, 1, "I 1'791
•
i ✓ 2
118'1
• M E M O R A N D U M
TO: Members of the City Council
FROM: Robert E. Dougherty, City Attorney
DATE: September 12, 1984
RE: Regulation of Ambulance Operations Within the City
After the City Council first considered the subject of regu-
lating ambulances (proposed Ordinance Yo. 230), the matter was re-
ferred to the City Attorney's Office with instructions to develope
alternative definitions of the term "ambulance ".
In order to comply with the Council's request we first examined
state law to see if a definition to "ambulance" appears. one does,
• and it is found in Title 13, California Administrative Code §1100.2(a)
as follows:
Ambulance. A vehicle specially constructed,
modified or equipped, and used for the pur-
pose of transporting sick, injured, convales-
cent, infirm, or otherwise incapacitated per-
sons.
The above section appears as part of the California Admini-
strative Code Regulations governing the California Highway Patrol
and according to §1100 ". . . shall apply to all publicly and pri-
vately owned ambulances used for emergency service except as speci-
fically exempted by provisions of these regulations."
Attached hereto is a copy of the portion of the California
Administrative Code regulating ambulances. Further references there-
to will be by section number without further quotation.
• The attached regulations were adopted by the Commissioner of
the California Highway Patrol in the performance of the duty imposed
-1-
��w
upon him to do so, which duty is set forth in Vehicle Code g2512(a).
Vehicle Code §2512(b) then provides:
u
This section shall not preclude the adoption
of more restrictive regulations by local
authorities, but it is the intent of the
Legislature that regulations adopted by the
Commissioner pursuant to this section shall
be the minimum necessary to protect public
health and safety . . .
Therefore, even though the attached state regulations of ambu-
lances are extensive and comprehensive, they are not preemptive of
more stringent local standards or local regulations which deal with
other aspects of ambulance operations, such as rate regulations, etc.
The nonexclusiveness of the state regulations has been recog-
nized in at least two cases. In Sieverd -vs- City of National City,
60 Ca1.App.3d 234 (1976) the Court upheld an ordinance, and the denial
of a permit which had been applied for under the terms of the ordi-
nance. The City Council of National City had denied the permit on •
the grounds that the public convenience and necessity did not require
another ambulance service within the City. The Courr of Appeal ruled:
The use of public streets for private enter-
prise is a special privilege peculiarly sub-
ject to regulation, and may be held on rea-
sonable grounds related to public health,
safety and welfare. There is no vested or
constitutional right to use a public street
for conducting private business.
Sieverd, supra, 60 Cal.App.3d at 236.
The case of Bell -vs- City of Mountain View, 66 Ca1.App.3d
332 (1977) held to the same effect.
In the Bell case the Court specifically stated that the City
of Mountain View could regulate so- called "non- emergency ambulance
service" noting "In fact, the area of non - emergency ambulance ser-
vice appears to be completely unregulated by state law."
-2-
�o
rational City and Bell cases were decided before the
• Boulder case, thus the possible anti -trust implications of the
City's actions not discussed.
Emergency ambulance services, non - emergency ambulance ser-
vices, wheelchair vans, and similar transportation services are not
presently regulated by the City of Rancho Cucamonga. Except for the
fact that ambulances for emergency services are regulated by the
attached sections of Title 13 of the California Administrative Code,
each of the above services may operate in Rancho Cucamonga on the
obtaining of a business license.
The decision on whether to impose stricter standards on ambu-
lances used for emergency service and /or regulating any or all as-
pects of non - emergency service ambulances, gurney vans, wheelchair
vans, etc., are major policy decisions which can only be made only
• by the City Council.
Choices available to the City Council appear to be:
(1) Maintain the status quo;
(2) Impose stricter regulations for ambulances provid-
ing emergency service; and /or,
(3) Regulate ambulances providing non - emergency services;
and /or,
(4) Require operators who provide non - emergency ambulance
services to also provide emergency ambulance services; and /or,
(S) Regulate gurney vans; and /or,
(6) Wheelchair vans; and /or,
(7) Other vehicles for hire; and /or,
• (8) Impose public convenience and necessity standards
for issuing permits (this latter course of action is not recommended
-3-
because of the possible anti -trust implications).
It is our recommendation that the City Council first deter •
which services, if any, should be subject to City regulation. If
the City Council determines to regulate ambulance services at all,
then we suggest that it might be more logical to approach regula-
tion by first examining the various types of services which might be
provided before considering the types of vehicles which might be
used to provide those services. If regulation is the Council's de-
sire, and if the Council then determines the nature and extent of
those regulations, an ordinance encompassing the Council's desire
may be framed.
RED:sjo
Enclosures
cc: Lauren M. Wasserman, City Manager .
_q_
J � '1
IT
•••• r SWICI1A1'fF11 5. SPECIAI. % "I':IIICLIiS
.III oIe I .ImLul.nun
Ili. tl- ,
9 111 1..J
P. _(161
11(11. Scope.
'1 hit also, Ie,1...11 g.pl, I...JI In.LLi h loll p; ., .II, h :.o d aohaLllirra u d
Lt .ns.q :.ur) ,.t. r.r rv, pl a, g,.. 5hrd1) cavgnrd by pros moss ..f t Ie,e
s•gulauwl.-
]U I H Mel.nm a nal n., u,m X511. \FLu I. G +tr n� L r..m. ,.. b..1.2J In. 2•nl ..IL.
2-41. ..... 1::12. d.-
IIISIUIII
1 It. 1,_,!, r ..l \m I. 1 .w u..1., I hit I Pen ...1 n.,. tre• L" I .4. s. �,, l u.. n +,
W. d x 17 7: ,1. ...... I.h.. 1— G; I -.,1 Iv,
:T. ].• 5„ I w gn•r lii.r..n • 15.1. I•
1. w. 11, 1.:... 71 \. °.:1
2 14,. ..1. r ..1 Ar n. I• I ,... u...• e... t "111.'
I.6d I 1 2 •....I.... i. a..l ........,. I 1 ill dl.pnrr •.. l. iv fin l i, e L..b.n
:4.]0 .. •.
Ilgl. ^_...I�finilinna. �
l'nlr„,tLcn. r.• .p., .h•' <I. 1t..• ... IIn.. 1. 19 drfnlll of 111.11 .qqd• G.r Ih. por-
pl)ws of elm "I'll 11.
lal .11sILuLlar` �u"y k• sl1•cfalh clams lu1rd, n11Y.11foll or rquggxvJ.
and uiavl fw IIN• Iglrlgly n(Irangrufl?gg sick. ilgsnvf. eru%alewrol. wl ins, or /
elhrrx'w' mr.quollalrvl prvnn
1111,lnlnd.I'Ve D, -1,1 CrrsLrab' ACAJ ....... . Lul.m'r U...rr
utr .4 a (:.ILlunus Sp•ual 01' jet Certificate %..fill for llrtlilg -111 lllhnlallll'
Ic1 : \ndudau. r S.n,1e 'I Le pro.1.e or 1,11 bile urpml /a11ln1 ur uufi, aluJI
pw. 1, ling an..... �ur for tile us rnu•rgeney ern ire
Idl Ikpo,lnlrnl Urpart nn•nt of Ihr L'aldornu l hchuas l'.nnd
trl h:nu'rg. ",r) 1'.111 A n +pN•t fur all au16uhill, I. 1,.u1l.nl 1.r .n1111
Ix naua m.1111 ill ,olden need of Illelhr.11 attest...... ;rL I,, a m.diLAI I
gem 1, as drs•nq.lied f) a phi vs -tin, to Irauslurl Wised. air% Iher.yxew lc d., o e.
arse „org to %sub d.s Ior, or I...ur or organ fur tram .Lust
Ifl huu rl;I•nrp S..rurr Ihr f ll(Was Ix IIo.... I us 1.•s +n 1r b, 111 rn.eI
KIM, % call Ell.-Ig.nn ,ell 11 a .d.o uultors lrangsuttas ', u�a pan. It. roc od"
la of ill -'it] of the patient, ur Irmill.m.11uu of a Lxh for 1 he
par saw of nLdmI, n, all muscat f,sft . as pro,ohd m krloIn 13 +I I. 1.b1o1.
C1. 1. and Iln• L'ndunn An.u..... l Qfl Act, Health and S,Mss l:.nl.
tole .%.a brigs,.... .u• Ski trhu lr l :axle 11rh-
2:11an.1.512. %. 111. to 0..111 n1xr S.. u. nn U6. Nina _.q.
1100_). Qenergl Ilea ufrel..... .
So ansbuLnce shall raropuud to an emergency call or tram wit patn•nls unh fs
staffed k, Isulh a reeIfica,Ld d,o er and a gualificd allrn�au 1....ain lrd m r
wsod Intel W,Wall Irpair and sallow) condition, and c4uipfad as rrgu4cd LSD
this article a...I Ihr ,'elude Code.
(a) Uu. er Ceruflrate L:%rmpllon. Alububsoce droer eerl,firales are out
ravpmod for Ihr feI lot\ mg
fJIII1
It Pawns oIx•rasug anlLulsnrl.. m the line of ']ols as 1,d.umd, regul n,
Imus•. Ivdue elf lcrn. tl.dal\ lwtrffs, or usemtx n of a fire dr pattim ill u( a
Ipublic alrup III, ll,x, al include solotnrs and pall sole ens 4,11ve,
or members of a deparsnlvnl %huw dunes are pnn..mh dental or
adulll5nlralna•.
C.AIJ Ii111S 1A II ICI11 %AT P.111101. S
Inyu.a. U I
I:1 PI•rsons dri, ing ansbulanrra. It.., d nubnf •Lrtr. Ilan C.dll
ode nnl. uterll.t r C.IIIle11111.n a ftII Ii r an•app,•IIIn
or crrllfed b) Ibe state of nngal I la...lrr. if Ihr d• p.tnncnl
Ix Lrsr an oul- of -st.tr drsierumdd Ix, d, 1,,. lain mn6nl.ore d1,
if based in C41dursna, that dn%rr 111.1 lie prohibited from dn\ll
unless heishe oul. ns a., ambulance tle,.rr mhficaw
d0 %kvbeA Training Premgludle Anlhulana•,.h.dl not real I
g.nr> CAN 1.I tnunpnrt 12.11,...... ml.,, Ibe asrndanl -or list.
u,r,it•r has born eIj,,ptrd h,.m It, n •pnrrinrl I I,, I�.r.r sit au, . ..
,,,,es averldlc.dr or Lrru..'e, ub.... u14 r�nnph.nu eIIIIILern.rrg.'m)ns�di-
r.J training and rdur.n lmhd sLUld.lid, fur ambul.uu'•• prnonnrl estibl,d rd by
tIt,. State !:song, 1.r) plcltal Sots Ire :lulhonl\ In t -it(' of Ihis ell, . 7 his
tnpnn•Inrnl sfi:dl out apph duling n "star u( ,..It ru,ltgenr)''- ne di pro.
dais Wd "state 'If amrrgrnn. :.(it "local cuu•rgI -o0 ". a, defined Ill Gm rnunent
l )xlr &-vimn S.'.'JI, a hen It n neuxm 1u fit II, ollhrr it] . ,"Llblr :uuLlA.wn•s
I arr.,.uul Il rs oils Isu,eblr Io fie\r soul :usbul.a w, oprcllvl 1.r dlIrndrd
fir yrnnn, ss 1111 Ihr qu.Ihheatl.glt n'gnued h% Iles ,ri L•n1
Sulh:. Aulhur.h rani h.uon_512.Elsa le Gde Ilr(rn I,. S., nnu,:t.4 and 2512.
%rbq le Cod'. kw..m 17(11]. Ib.allh anal ti.f.I. Col.•
IILCI'OIi%
I .lnlendm.Ill fl.d III: "12, r(I.un. tlnme,h d., if", u.111rr IPrpwv \ ^. \'0 7U.
Ll 100.4. _Ambulance ldentifirllion. �
11'llo nJnle of the public enlilc Thal uper.d(•5 au enu•rgen(•p anlbulaurr III, ICi9p
Nor, the rise under n hich theansbul:u,cc Leerier is,loing lu ness or 1)m idin
"aen'ice shall he dupla)ed on both sides and Ibe re•..r of I...cb emercene) an,hsa
Lmae in let, v's Out contrast sharply n'llh the barkgrouud. Ixti vole shall Ise%
;uul Mss if 7111. uI height. of proportionate g" lit lh. and of a color r(vdlll I odde f
lurmg da) he6l !(up u•rra.e Iruors arr nut Iris Ih.u17$ us. m Lemhl. Ims rrel,`y�
-- let srn u).1 be t beer -fuurl h, of Ihr uSlpru-.nc hrq :hl. All au,Lul.n cus of sera '].•']
soles a ,Ingle Ls cu.r ,hall dnpl.l' t a ,.t.ne ,1, o"hr.IW... .
lull! A.Jmnb anoA S.uwu 2sI2.%.1... l..G.!. it•.Ne,., ,,, con. JM._.12.ind
2112, %d Iv C do
11111.5. Ansbulan a Ialcwwu Il.purl.
h.nlsir, list, ullng nn.-M11,1..uubol.,( .r I% u e J. dl nolih Ihr local office
of Ibe dvparinu•ul ..hale,,, Ole ow.;l L..,!n.e Crue %anlbulancr is
I L.I .e0d..m:unbul core I, Iegon.aL. :.u1 unbul.mle n 11.111111] from wmwc.
\I I 11: kill I, rin .1..d S.. I... 211_1. \. •., la I ..t. Il.l,
-c. 1 rho 1. U.I.
Ilgl I" Pcriudir .lmbnl.nmo and le"I'sb Islsprrlian.
.11uhulanre.5 uqd Ior .110 wt III I ..r• a x,12rr,lmiw! t reurd, .cod call n'eunh
n.@ Ix' m,peclad permdo.dh I. the d.p.In1n..1a h. .saner euopllanm loth
Inlulrrornl, of lit'. Ca•1u11. ('.dr ,uul Ih1, ;dr .1r11nd.ol' -,.cod ra•rrnnb ,l,AI
br nL1dr :.a a1] lhle hit w, h infix l tram 'Ix!, nahl. by a n lir, ... mats, of Ihr
d, p.osnuvl
Sul l': Aulh..ol. ul..l Ildu, oar ti., h.•m 2 -aN. 251Y anJ
1142. 1 duale 1 i 1,
1
1111'1.7. Hearin of Ctdh.
F,..ry ansbolanre ..it it r'hall nauLon a control record of each emergency
call miler A the serace address or the location whrre the rv,1.In hog amhu-
Llao• is L.IVd Iho rlrrNd shall IN' nt.unnl fur nut Ir,t than purr !oars and
'.all
Iola" Ibe 1.41""! ... ! ndon.a....
,al
DO,, ... I t.ur of c:n.rcr.ry 1.111 I. r.IbOn w hrrr w•n ur a nes•dad. and
ulenntt I IcIN n crl,usg the rail for urnhulance scr, mil•
Ib) Idrri.q of pt•non or, when aIIII11 r, the narne.f the agency request-
not .us ambul.mcc
ICI lala't111LG1O011 Vf e.vh .Ir116111 rice al}II Ix'6n..lo -I di,p.II,Lrd, anti nco,I
of en it And a it h,;Lt oar
Id1
Ill mm,'N' of .un talent 1. dly,.It, h au anJnd uu r a, mynr.lr.l
In I our VI dope. h and I...n•I of .uns.d .nnl dopatnur fill., llu• su +m of
Anne, m,
,f, Ur.lnuln.n of pdua❑ and .f arnsa 11 dr\IU.h,.0
,c) 'vonr.r. lent .Irollfieatum .f pa..ut of n.uriu I. uu... ad.ILlrl .r tlr-
+cnpb,m of Itrrrs "'1....:119 cn.1 rgrncs lr.mg..rl.du...
_s12. \'tf... I, t,.I.- 11. 4mn... vu 1.nw 2N 4. 251, xu.l
2•.4.. \e.n l. L.1.
IIMA. Pen.nnel IleeoNls.
Parrs mnbuLnl r w I, ¢r th.dl ne.nl.nn A ls•rsonurl file far each Jri. rr and
atdmf.ult euhrt al III, address of lilt arrucr or the Joe,tunl I, ern• the rm-
Ill.rcc, I, L...ed VIC), fw•r•onm•I file shall contain the full.., ln4 lot nnnation
Lo IILrntr'bt,•,rI 1-m I mrnI
16: I ..Ir.nudr, of dm 1-r 111TI5,1•. aln!•ulanrr driver cethfinit•. and eurrenl
n.du d 0"non 1h.ri I!1Iofscnr III .-.IOh filter
IeI hat.uudr of Ju- rurrrnl crrnhr.Ib• or hrrn.e ou :IrnrnlR ComplMaCC
l,-!1 ruu rer11rt luedt, A II III,IIoz and rd I., diII at.md.ud, for milk ... LoIee
I.ro.uunl'I r.laLL.h ^J hr Iho Slate 1: usrn.I'1" Mlydu.11 Stn hoc .lL lhunl,
dl lutuuun ill w,al, rvnrnre for Ill,- hte fear. ptrtrdmg Iho elfeclwe
pr..rnt I... nl."I
In ulhd.,.It 11-. .0 ll .uuhld.uN.e .111.nd.Ilsl audrur dmrf (I,-, ann4. um
der p, :molts "I prgm s, lit .II It, .hr I, n.I wllgrel lu the appin'.I de atlrmlaul ur
5. l Irt, Lilt: �L. I It..urd uI Sn.On. I IUI Ib) Or Ilu2L of this utlr.
L h,4J.e, r • 1 .III %f ol.n cmuplrtmn of olhcr driver and alendaul tram.
. r -. p„ .II In qu. .ens h•
llnlr llrf..... .4., .,.11. Ya4. 711:. j12
Ib I5911
1 I ir.l.... .I..I ... I...aVr . i.1'1Id..l III_."_..If'"Ilr thot.11, al.,t thrra'lller Ill. a
1101. .lndndnucr 10rnd:ust.
1!--' ash. nJ.ull ou .m .un LuLomr Ir.unl x,r.ng any Iu r\un in a!opamnl nerd
I I WI do d anru.,a l'ball W, ally the pameut cmnputwcul .uul .11.511 Inert Iho
r„pn Trtu-Iln of Iho 11 Writ
Ial QuA.14- lll.u, 'Iho attendant shall be at leas) Id leers of age and shall
lusu•a a n•rtlbealc Of license etidenviug compliance with the emergency
m.da.d Irainiug and educational standards for ambulance, personnel estab•
L.hrJ by IIN" State h].ergeney Medical Service Aulhunty. f
0
•
J. t Initi ra Na 4 ,,YI
(b) Pruhibitiom \olx•n.n.bAl.ot at any lime in the capacity ofan of
]Noce attendant when such lu-r.r,lr -
(1) It requirml under S.rli.m 25') of Iho I'cnd C Iv Io li'viter m a se
offi -.der her .uls ufh oo. iu,.h:ue Lnrr•. dom.., tln, It, or min ud.dno
drug,, or Ito k eo run, Irlry d,l nog IIo.II".,I I. 11! '� 11111 hllr. nfrana 1,dln..
or fan,, In the o +r...dr, [,.I'll . n.o, ue Ir ul.Ixrtl.,o,,o of o.urumc, 0, add. h.I
or tl:ms:rn,u. dole.
(3) ILJnhLdl..md 1.m..n,i. Lea.•r.1er.
(4) ILIS brin rnmuL•d dunk Ih.. pr•v nlu:c ...I -o .r.u, of
Inn :i.L.ILlr .na 1,l.an. :rill no..l. l.v l•.n ,u•Irutr .I hr, .Il.,.r vvc :u•l,trnl. ,,
LIC L�rn r,rlln, L.I ,.I tx -u I .IIn�r i,.,,. ,� ,Color Ihal proud I'rn..m of
pandr or lNUL. :Ii.,n b.:.w ll,•f :.0 .r, n•n....n.ltme f.a... 'od, u,r lLr.m
.r mtunu .n l.0 .L.dl w,l .r.l m .ualnd.m.r - it"I'l.nlls unlJ Iho parole nr pill.
lion a ... I"
(51 Il.o rnunnm.'d uo art m. oh ul¢ lu,n.d I.q•Ih :dl•....rlridll :c fr.wd o,
inlrnbur. d dl lma. 1. h.: n. nml d cant. wohin :h, ;,r., Juu•
(u) ILI„ IrnnnnL �. .I uL,I n.o.d L,i..I. u•r ur.... riot .I p!nw •d �S,uLf : :. t
L I,• r.lrnl IL.e a ..I,s1aL1. ar,d pnldrul p -n.,u .told h.nr rr.l.una Lr con,
.d n!II\ 1.. L, Ilunu
tll,od.mt 1% IL. dulm, ntrtw.Jh rynvtrJ ..f .ul
Lr 1.111 nr..l
Ic) Ell 1-111 :• -u. ni... .l 1.l. i.Jnlu�r., .n till..,. I :..n mint nhd.lw hus_ul.
µ•r51.. who h�.h6 .I ,.ICJ ..nLulms �' dn\er trrl1ln.dr nwrll L5 Ih. Il. lent
mil 11 Ill \14..r l elm I.. m n .1-n. a..ul .nuLu .ua'r .51l.nd.ud pnn ill. d hr A..
.arts lh1'Il'i lu ah,nl, Iud p,.... ....i, r;Ihi .IL n1- L•rn., nl.1c.umv
will ILr rim; :. u,. ul.d..d h.c:.n1 .unl r. .un.l ct.uldid, L r
:uubul.u:cr prn.n.u.l Lit iil.l..d i,. ILr Slot I,:o,rc. I,I \h iha At trout
lhsi111rputnu�l'1I,1 Iho IL.IIII �n :u lllo I •I...... I m,"l wb.n uuls mn6aal "I
health .Clod.. +h rILa.d to dm m4 d011u. :n a 1...a dt , I.Q rr,.,nl pnvllnl...
.....our of II.,. d ... ... II IhL, .n.
%Ill I: Anllxmn \.. Ix... 5.12. 1.l„ I, I ...II' 5.. o�au 544 =5111 .512 riot
2542. S i.a,I. Il.d.
11111 UIII
1.A.0 III l.. I I. a.Id.,,n II.::, i II aidui LL •1In w2 ,II.. u.0 Il.uu.I)..Ix•IL.�
I.1- III.t."' -r w2 %,. 45.
1102. • Anlbolmite Uri,cr. P
(:u ;C)o JII1laI1a1N it.p fit .I,uthrn,ll„ prowled. c,cry awLularsrg Jntlsy
j-I I., lu .lu Harrc +l1. r.Jl of tr.ul p,atluc ,.a 1, ut.'I.Al In• At lv,n( I
ean ul act. dLJI h,.l.l a dn.rr ht ..m. I ,'IJ ui (la�Ifurlil.l. .1..111 µu.,•+5 a wild
lu f...Lort'I' Urncr C rnfi,.11r..usd ,I.11 L• Irauusl and s'uuge'tI'nl m arise.. r
Lome uµ'raun}I .u.l Iho u.1- of s.drtl and rnlrogrucy tar. pupnlrnt rlquunl-
bl fill, ar.,lr,
(b) C,rrllba.4.u"It in lulLnl.ip' 111 Her V, it.. n,, I1- :..0 rd bt the
Urparbnl'nl of 5h•li,r 1'rlle it ooh Igarn Iho .uur..lsa Iu:nl Irwin ,fail Co
anun.ewu ewulutled bl Ih.d Jrpatluu'ml .nl.l wh!rel to Ill, fllsung n,nlL
11.115.
(I) Art app...Ia fin .In ,•nom d ut rlme.al dn, 1-r trrh0• ilO.h.JI udnwla
ruf".1110115.LI UI. 51 oral'11).p r......l.•1 lr.mgnnl .: SL,n..J I'i.wr
ria.ou to lsrct AIJI rep if .ItJI I. dale d tu;hril Ilse two It .., pnr.Ang Ibr
apphrahol dale
0
U
U
12I _ i&e.ml for au onginai du.rr mrlifrnlc'hall snbnnl an uucepluble
Lnrrtpnnl card
,31 I hr a r:di, -dr lr dn,w .u, .uab Aokkne ,hall Ix• a the for o
a ymod u.l
.....look. h.ur . .1. J an In nl lh..uul ,I.a1 npr- t It ..0 .I,- ,.,I..
a, Ilrr
d en. r -. It. u... Ih d.n.ru: hike all J,..11 he,abd l.ul, w hr n an nay I., n nod to,
a ...... !, d �.,!..... •n I tbh,.l I. Mlu. It M.0 n.urJ MI1look Ihr nrrdat2 It,u
t- an.u:d .ggn.nI I I.. Ih.. I b p.eton ill of W.b.r it -hit lrl• Fey. l.d I11):11 %tat,
A,!..... r.,t r...r 11A. r.d \....ikon Jdo t.... moo
At I hr dn. rr I ate n rrnrM.rblo. uud,•r [on.!Iln.m fit r.,.. h. d In Ih..
1).p.r1lro -N . 4 t!. ,.rt t I!m It,, .ipylh4:nl' fenk 1ue .[ dn,I r(I ridu.11..1.11
I,, ., I. r%h, it., ..r I. , ,,, I I tl.. nl ale l umplrla .• Meh fbr .I IY p•. n ,
I- . d: .I 1, . d . d.n ,f•..n.d d.,:,Lul. I,.t . ..d.nar atlr ud..at. 1.I �L
I It 1.. II:. ]t`:. 1 :urre.:.r. I hr .II \rn 1, r Atilt . ,kl,
i 4i, ..I lrnu:nc I:,, io.hourrr d: nor d:.dl Lott. lvrn t..um d oi
0'...k. pL111.1 a, .' allr'lldaut In Ihr I.m. alld ll.11tdldtl of ti:,. III alt:l
!! 11 . . kill "..,I
1.[,. r n ln11"[1 mbUlmce ,u(bm uu• If tu
l
, :I:h1. Inw rt: rvd. n lac 1. an dl..n,1
�r.�rrl I: ��ru..t:• �n,' n.. ,."d I, aunl:c a l:d 1 d u' drnl.d lccld.Ud, ry.rLh.l.r.l I�.l
.r..:LuLmrr..lh -ndach In it, -\I.Itrl- :nrrcrnct\b-d.kal Stn lie dmh.mh h:
rnwiriz, . n +purvu 111th lhr 1. KiLul, .evened do t er .uld all, 11.1'11
u
I,. I. ,:I,L:• I . pr... ohil: it r - r:t ,..r.. Ihr g,rcl.dval rin..ri;ruo, lur.L.d
L.'too .t:.. p. -.ill. u, .11,11 n t 1[1.11, to itI...naa touq.ur.:nh d.tadrd at, du.r
Ih- .nl.hulat( r
x1.11 Oat. r,.� ..!.,.0:.]:11,•1..1.1 -.It, 1t. 1.- .. it 1 lv u.an LSr4._,`ol .ud
unnun
1lhr loo lhn b, 11, d.n
111112. Do Iual. klspl'naol., and Ilr..v Aiuu of Anlbuhnu'e Dnirr Ccttdicale.
I h.- I ). p.0 look of \haul to A"lr1 hat aul hot J) to let U'c W mue ur rt•now
tr to III I.ml .rt rr,u4v .ut .radrulanu• dr. rr n•rbhcate Uuder like folluwing
1.•:161[ n.
,.0 gnn!.Lm lb fu..,l it) ( \t I, ft, rte... Ihr 1), 1 artutrnl4Shitut I, I)w Ivs
11..01 it Iu. to L, ,. ". andru6ulre Jn,rr errltG<.nr lu Mn) lxnttll Milk
I r h n ^.1,:..1 ,o reg"tcr .n a sea O. -ndcr undrr Ihr pro. ,mot of Sre I,..,
2n of 'hr 1•[11.1 1'1x1. fur .tp uffwn,e unuh wg furce, , thrral. or
u...r.r t.. o
_'� ILI nnalh .n I to ,1,u I....... or it .k.1,111, d to tart uhcs or d.ayynn.I
Ilan!. or lot' .h.ItL. vl L,r au, felon,, Ihrf1. ur an, fiat, tit, III, Ulg
fur.. ll. Jon.. -. II:r.'It. or urtul.n!ab.m
I o IA„ I.demut It. 4,o"I..f I :ctIih,Ao,r lb, Dqu orient of\Incur It Ok
0k1 ut.o r -I 11C 611„1 M• an anlbufnur in, rr cerufiuto- Io .un pinun Mika
.D Ilia III.. I turn,, 1, 1 dur ... a Ihr pnve.hng -,, I to of au, tit I,,.
puu..I'AA ...... 1,1. ,ur ha, I,vnonlaawill dunr.g that Ix•ntd of Ihrt mea tier
I!. coo
r Ila.:nnu :ull,d all' all Unuhmg Uuu.d fury :IUdt -. Inelluhug fr,ud or
mtnll.. 111 dl,hol :r.rt lur I.1111a111 g.un. Mrhut the pr.rrdlnq v'oo
a , ars
.L 11.b1tull.utd ca..m oh uxa G _
HI Ila, beell ronttclyd ufh,n flat, prtre.LnF .e. rn •
rr61f19 to the use• sale, Ixl..r,Mnn, of tuntltorclt,., of I,.
or Aanppcn.us drags, or of m) inedrtn -annr In' nh Ing form. ,tole
orlda creus
(5) 1' un l mh.11lnn to 111" hop lift 11.'t(1 .f \f •I•rt \ -r hlo'r, for
me tike uns.dc oprt allun of a nlri..r 1.Icr h•
Ihl SClthul Ibe three .wars Utu,,dl.dch I.nerd:ne Ihr apph
Wit er deicer hrewe 'u.lvnded or rrtnlnl h. III,- Dep.trm
\'•Laic, fir .4 r.rme m,ol, like t11r un.ah• olx•utlon of a nmtur ,L
lhrsi x•nrci. hu hero l on. Iclyd ..f ..•
1:11 14 -1y -1µ1 In unp and rend , xd m .urldrrt In,ohlug mna
(II) Du.iu!.• under ti" mlluwnm of tnl.np ,t.tt hg u• r. eat dru, err u '1drt
Ihr cu:nhmrrl udlurncr of ca.:v..rtme hqo .r a::.l an. dnrC nr
(C) IlrrAlat, drt, ow. or rr. 41r., du, k, un..l•rsq 1 >.LI. u4ur.
(7) 1Ix 102-1"911(.11'111.dtit II[I d Ill dl.. L..r a uutrn.d Let m I apl Lu
two . \pphc.urts rchl,rd u l nh,.tl r nt Undur 161, pr.n lanm thall ntl he I%%, d an
.un6u)l.lncr dri,rt n•nlhl ale Mdhm 12 mm:ll.• of -1-111 rrfuul
441
II. LS Ixrn 1111.11.-1 ..a a dn.. r m .m u.. •.a ...lac la• as ruLnl ouung
drat t ur I,,xhh inplr, or In 11.rr... r man• n.. h,r ,. Lu lr urulrnt, Aanng the
im -cedwG now war Iv rwd
(9) Docs nut nnrl nnln:tmtl rt' 1!1( 1] It vId':d, rttabhthed b, the Drparl-
munl of \Iola[ Cbh,,d.rI to tln, tit].
fill) LLn druunntralyd orlab.tal I. h.r,I r .,r uaurn <1 a
d. .r� { ll".(d duabht'.
Ill,- ettrnt Ih.l rn wd j
gl uu
ha.e rr.w.u.ILle
uu,r to LrLr,t• Ih..I Ihw ahJ.r. n. !, ..nn Ihr duln. n..utull. vgvclyd of an
.n1d+Idant'e lrlaer nl.,, Lt, mgr.nrr.1
111) ILt, ud.r wit ...I, pr.. 1... .... t I.• uIv, and r.'eula
hut, prowule.urJ h. Ib. (..knoll I, It!. I -., L: . r,,i.t 1Lc!n, a, I,, ul.lh
u1C la the n(x•uhou of 1rUU 141 it I ..luhu!.r:J, .1].l r.n::!:r h: [[[doll, one .car
Ixnud.
1121 Ila. mute ltld .u, .11I 0. n .......II .._ nn -.. ; rn :drd m Satan
Ilniul! of IIU. Ill,
(t'1 Dmirt lu.n era It. 1.., It .n so- p.: :1 Urp.lrl-
nuvtluf.11ulur\.-he1.1 k, I:, I .r.: :!tl ., ul urw Jose av c,G
tale of am pr r1..0 1111-1 qtr, u.. ..a r. 1, 1 rr 1.d!.r lou.mm of the
t rrllfelt, for I ulrr m.a:d d. it . r dl �,..tr ::.. rr :..�J of a ^I :fm.thon
NO l K .Mrin•nl. 11,14 it 1, ...... , o. 1 •. , I.
1102.4. I lrariug,.
11'henr, rr Ile D. I. a lulrtl .d `.1 t r 1 r: , !.. r, bur. 1 n......: two. M. nr
.u.p lad. or 11 I'll tit nut du,. I ,.:;a:. r1, t •t .'1r, a.u:w•. the 11,
ul, ola rJ nl.n. Mol11U Ill &II au.r rr..I, c:a 1:..11 c :.pl •11,•1 .:n!: a. Noll.'it"I"l
a IWWII reg'1r.l furs Lr.l: ur„ 1p.m it -: w,L nqu.- 1.111. D, p.,kr,,,nl
ul \Ilkb,r 1 eln, let It aaf1 appou.t a nirn'r ,1lo' -It .!I ..'will, t .vo nl - -r Ik.L1 h,vnng
m acrur.l.rnrc odh \ rl.0 It, I'.•1], \,a Il:.0 11114 1 Ulu " I.r r, -ilk It a branng
u rthm IVd"' "It' f nxi r., rill., n.aa. - 1,11 1'1 m.1], r t'm.., 6111 .L..It I,-deemed
a...... rr of Ito r1ji I ".. b. Um: 1It q.0 LaaI.,.... . ball n. t,ga late lu
d.., the actuu b" Mtin to u..ur II gtwu
.\')I F. Authonry loluirt u,, ill, .1 n.,I Ti. -t. L.. 1, 111,4