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HomeMy WebLinkAbout1985/10/02 - Agenda Packet1 n Z~ ~~ • O . s F Z J ~ > 1977 ~~' ~ RANCI q CUGIM1KXVC'.A CITY COUNCIL A(iEtiL~1 Lions Park Community Center 9161 Haee Line Roed Rancho Cucamonga, California OcCOb er 2. 1985 - 7:70 n. m. All iter aubu tted for the Ciq Coaneil Agenda rat be in writ ing. The deadline for aobutting these iter i• 5:00 p. ~. on the Nedmeadq prior to the retiug. She Cit) Clerk's Office recei~ea all auc6 iter. 1. CALL TO OYDEk A. Pledge of Al legience to Fl eg. • B. Roll Call: Nr fight _, Huquet _, Nikela , Dahl and Ring _. C. Appr wal of Minu[ea: 2. Anasgc~rs/raa9~TeuD~s A. Thursday, October 3, 1985, 7:00 p. m. - HISTORIC PRESERVATION COMMISSION, Lions Park Community Center. B. Nednesday, October 9, 1965, 7:00 p. m. - PLANNING COMMISSION, Lions Park Communi [y Cen[et. C. Thursday, October l7, 1985, 7:30 p. m. - PAlUC DEV ELOPNEHT COMMISSION, Lions Park Community Center. D. Thursday, October 24, 1985, 7:30 p. m. - ADVISORY COMMISSION, Lions Park Community Centel. E. Saturday, November 9, 1985 - 7TH ANNUAL FOUNDERS DAY PARADE. City Council Agenda -2- October 2, 1985 • ~. GO~S14T Cai..~^~n the follaaiig Consent Calendar iter are ezpected to be routine and mnn-controreraial. Ihe~ will be acted upon b7 the Council at one tir arithonf diacmaiom. A. Approval of Warrant a, Register No'a. 85-30-02 and Payroll Boding 9/15/85 for the total amount of 51,092,599.58. B. Forvard Claim (CL BS-28) against the Ci [y by heirs of Charles D. Stone, death, July 25, 1985 a[ 6th Street A Holmes, [o City Attorney and Insurance terrier Eor haudl ing. C. Release of Bonds 6 Oep oei[e: DR 8'+-05 - Located on 7th Street vest of Et ivande Avenue; caner, O1 [mane Cone[rue[ion. Release: Faithful Performance Bond $310,000.00 (Road) RESOLUTION NO. 85-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONG A, CALIFORNIA, ACCEPTING THE PUBLIC IMPROV EVENTS FOR DR 83-OS AND AUTNORIZ INC p FILING OF A NOTICE OF COMPLETION FOR THE NORR TRACT 11090 - Releeee Guarantee of Construction of median islands on Archibald Avenue; caner, USA Properties. Release: Cash Deposit - Pbeee I $5,075.00 Ph eee II $5,950.00 Phase III $3,850.00 D. Approval of Improvement Agreement, Improvement Security and Maiotenasce Agreement for Tract 12590, Improvement Agreement asd Security for Deeil Ling Beeina for Tracts 12590-3 end 12590-4; Improvement Agreement ar.d Sec arity Eor Pedestrian 8ridgee for Tracts 12319 and 12590-2 located on the east aide of Naven Avenue, north and south of Base Line Raad, sub milted by Levis Nomes of California. 1 5 28 30 31 32 City Council Agenda -3- October 2, 1985 • RESOLUTION NO. 8i-274 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY W RANCHO CUCAMONGA, CALIFORNIA, APPRW ING IMPRW EMENT AGREEMENT, IMPRW EVENT SECURITY AND MAINTENANCE AGREEMENT AND FINAL MAP OF TRACT 12590 AES DLDTIDN N0. 85-275 68 A RESOLUTION OF THE CITY COUNCIL OF TpE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPRW INC IMPAW EMENT AG AEEMENT AND IMPRW EMENT SECURITY FOR DES ILTING BAE INS POR TRACT 12590-3 AND 12590-4 RESOLUTION NO. RS-276 69 A RESOLUTION OF THE CITY COUNCIL OP TflE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPRW ING INPRW EMENT AGREEMENT AND IMPAWEMENT SECURITY FOR PEDES TRIAH BRIOC ES FOR TRACTS 12319 AND 12590-2 E. Approval of Imprw ement Agreement and Impr wement ~0 • Security for Tract 12833 loc a [ed be[veen Rochester end Etivande Avenues, north of Base Line Raad, submitted by Che Nilliem Lyon Company RESOLUTION N0. 85-277 8U A RES OLL'TION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, APPRW ING IHPRW EVENT AGREEMENT AND INPRW EMENT SECURITY AND FINAL HAP OP TRACT N0. 12837 F. Appt oval of Impr wement Agreement and Improvement 81 Security for DR 84-51 located on the northeast earner of Haven Avenue and 7eh Street, sub witted by Nerry S. Rinker. RESOLUTION N0. 85-278 fl8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, APPRW INC IMPRW EM ENT PG REEMENT AND IHPRW EMENT SECURITY FOR DEVELOPMENT REVIEW 84-51 Cicy Council Agenda -4- Oc cob er 2, 1985 • C. Apprwal of Imprwemen[ Agreement and Impr wemen[ 69 Security Eor Tr ac[ 12fi 90-1 and release of Imprwemen[ Agreement and Imprwemen[ Security for Tracts 9584, 9584-1 and 9584-2, located north of Hillside Read on [he east aide of Neyen Avenue, submitted by [he Deer Creek Company. RESOLUTION N0. 85-279 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONCA, CAL IPORNIA, APPRW ING IMPROVEMENT AGREEMENT AND IMPROYENENT SECURITY ARD FINAL MAP OF TRACT N0. 12650-1 AND RELEAS INC IMPROVEMENT AGREEMENT ARD IMPROVEMENT SECURITY FOR TRACT NOS. 9584, 958/rl AND 9584-2 H. Apprwal of Reel Property Imprwemen[ Agreement and 101 Lien Agreement for 9411 La Mese Drive, submitted 6y Larry end Reran Clerk. RESOLUTION N0. 85-280 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A . REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LARRY AND KAREN CLAAR AND AD TflORI2ING THE MAYOR AND CITY CL ERR TO SIGN SAME l08 I. Apprwal of propoa ed rate intreasee for 1985-86 for L09 cr of Eic e'_gnal ma intenenc e, amount img to 15x over the rates i^ effect Eoz the pass evo years. J. Appr w el of easement for c[reet and related purposes ill for 7205 Roch eater Avenue, submitted by Edverd and Ellen Feduniw. RESOLUTION N0. 85-281 I1G A RES OLO TION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONC A, CALIFORNIA, ACCEPTING AN EASEMENT FOR STREET AND RELATED PURPOSES PROM EDNARD AND ELLEN FEDUNIN AND AUTHORIZING THE MAYOR AND CITY CL E[IR TO SIGN THE SAME City Council Agenda -5- October 2, 1985 R. L.ppzwel of Pr of ece~~-~al Serv is ee Contract vich 115 Terraecapea (CO ES-:u:i co prepare cones p[ual and final pl ens, spec if icetione and estimates for the besot if ieation of Nineteenth Street and Baee Lioe Road. Fee not [o exceed $5,900.00 [o be funded pith Beeut if ieation Fund e. L. Appr wel to execute Professional Services Contract with 129 L. A. Naineco[[ and Assoc ie[ea (CO 85-105) for construction staking and mater isle [eating for Baee Line Road from Teak Ney to Naven Avenue. M. Se[ public Neer ing for October 16, 1985 Eor Community Development Block Crent Program 1985-88 Houe ing Ae eie[ance Plan. N. Set public hearing for Novena er 6, 1985 for Appeal of Pl ginning Commission decision denying Env ironment el Ae easement and Dev elopmen[ Rev iev 85-15, Aeeured Nini-Storage. 0. Set pub Lic hearing for November 6, 1985 for Intent to 147 annex Tr ac to 12670, 12670-1 through 4, 12319, 12319-1 through 8, 12830, 12672, 10210, 11915 to Street Lighting Maintenance Die tr ict No. I ae Annexation No. • 13 and annex Tracts 12830 and 10210 [o Street Lighting Maintenance Die tr ict No. 2 ae Mnexetion No. I1. RESOLUTION N0. S$-282 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONG A, CALIFORNIA, OF PR EL IMIHARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 13 TO STREET LIG HTINC MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 85-283 l56 A RESOLUTION OP TAE CITY COUNCIL OF THE CITY OF RANG RO CUCAMONG A, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNERATLON TO ETREET LIC IffING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DES IG NATINC SAID ANNERATION AS ANNIXATION N0. 13 TO STREET LIG HTING MAINTENANCE DIE TRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIG NTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR NEARING OBJECTIONS THERETO City Council Agenda -A- October 2, 1985 • RESOLUTION N0. 85-284 174 A RESOLUTION OP THE CITY COURC IL OF THE CITY OP RANCHO CO CAMONC A, CALIFORNIA, OF PREL ININARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNIXATION N0. 11 TO STREET L IG HTINC MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 85-285 175 A RESOLUTION OP TEE CITY COONCn OP THE CITY OF RAMC RO CUCAMONGA, CALIFORNIA, DECLARING ITE INTENTION TO ORDER THE ANNIXATION TO STREET LIC RTINC MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DER IG MATING SAID ANNIXATION AS ANNEXATION N0. 11 TO STREET L IC RTING MAINTENANCE DISTRICT RO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OPFERING A TIME AND PLACE FOR NEARING OBJECTIONS THERETO P. Set public beer ing for Noveober 6, 1985 for Iotent [0 177 Annex Tracts 12010 and 12830 to Land ecape Ma intenence District No. 1 ae Annexation No. 26. • RESOLUTION NO. 85-286 184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, OF PRELIMINARY APPRWAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 26 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 85-287 L86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER TRfi ANNXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIG MATING SAID ANNEXATION AS ANNXATION N0. 26 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PD RSUANT TO THE LANDSCAPING AND LIC RTING ACT OF 1972 AND OFPERING A TIME AND PLACE POR HEARING OBJECTIONS THERETO 3 City Count it Agenda -7- October 2, 1985 A. ADY RTL9BD PDBLIC ~A[IICB A. APPEAL OP PLANMINC COMMI SSION DEC IB ION - DEV ELOPMENT 188 BEVIEN 84-46 - PL AXERTY (PONDEROSA STEAK HOO SE) - A req oast [o modify [he con ditiooe of anpr oval for a proposed reetaur ant in the Commerci el Diatr ict (Subarea 7) and the Haven Avenue Overl ey District of Che Induetri el Specific Plan located at the n ortheast c oraer of Raven Avenue and Arror Highvay - APP 208-622-28. ETINANDA SPECIFIC PLAN AMENDMEIfT 85-01 - CITY OF RAMC HO 215 UUCAMONCA - M amendment to modify the Et ivanda Specific Plan, Figure 5-18 "Community Trails", and Figure 5-19, "Pedes[rieo Trails and Sidevalk a", by extending [he eq uee[riam trail el ong Et ivanda Avenue a outherly to Highl sad Avenue, and the eetabl ishmeat of en eq ueetrian trail connection to the Southern Pacific Railroad right-of-aray south of Vic for ie Avenue, along the seat perimeter of [he Victoria Planned Community. ORDINANCE N0. 273 (fire[ reading) 242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AMEND INC THE ETIMANDA SPECIFIC PLAN, FIGURE 5-18 • COMMUNITY TRAILS, AND FIGURE 5-19, "PEDESTRIAN TRAII,S AND SIDENALRS", BY EITEND ING THE EQUEE TRIAN TRAIL ALONG ETISiANDA AVENUE SWTHERLY TO NIC IB.AND AV ENOE, AND THE ES TABL ISIHfENT OF A NEV EQUESTRIAN TRAIL COHNECTION TO THE SOUTHERN PACIFIC RAILROAD RIC NT-OF-HAY ALONG THE EAST PERIMETER OF THE VICTORIA PLANNED COMMUNITY C. POOTNtit BOD[ryA_Rn GOBEIDOR cTDDY• IBTFRIM POL IGIEC - 245 City Council adoption of Ia[er im Pol is iee to be applied eo development proj seta el ong Foothill soul everd prior to completion of [he Foothill Boul everd corridor plan. ORDINANCE N0. 274 (urgency) 264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONG A, CALIFORNIA, ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO CALIFORNIA COV ERNMENT CODE SECTION 65858(6) PERTAIN INC TO THE ES TABLIS NMENT OF INTERIM DFV EL OPMENT STANDARDS FOR THE FOOTHILL CORRIDOR R~ October 2, 1985 CITY OF RANCHO CUCAMONGA STAFF REPORT T0: City Council ~ /' FROM; Lauren M, Wasserman C~/-" City Manager SUBJECT: Pur<haee of Cellular Mobil Phone Sheriff"e Department ~ ~vcAArp,~ V 9 5 ~z _ E ~ -- i?;; It is recommended that [he City Council approve the purchase of a cellular mobil phone at a coat not to exceed $2,100. The ec CUal purthaee of the phone is approx ime tely 51200 with the remaining sum being for monehly costa for the r ems index of the Eiecal year. The purchase will 6e of some benefit [o the Watch Commanders in Rancho Cucamonga since our station is not a 24 hour operation. The new phone will im- prove communit anon between the Watch Commander and the Sheriff's Captain ae yell as to other support personnel. I[ ie recommended that the sum, no[ to exceed $2,100, be approved. Because of prudent buying, [here hen been a aurplue in [he Sheriff"e Department Capital Equipment Account to finance [b ie purchase. LMN:baa INTER-OFFICE MEMO DATE September 26, 1985 PHONE dCOVN}y w uannmit3 FROM John A. Futscher, Captai r. Rancho Cucamonga Sheriff's Station TO Lauren Wasserman, City Manager City of Rancho Cucamonga SUBJECT PURCHASE OF A MOTOROLA 2000X CELLOLAR MOBILE PHONE Although we did not specifically address the need for a mobile telephone in the Watch Commander's vehicle during our last budget Process, the value of such a tool has become increasingly apparent. The money for such a purpose and the ongoing use costs has been made available through the prudent purchases of other items that were included in this year's budget. The installation of a mobile telephone in the Watch Com- mander's unit will greatly enhance the field supervisor's ability to control and manage major crime scene investiga- tions and search operations. The field supervisor will be able to personally make staff, exer_utive, and support notifications, as well as coordinate efforts with allied agencies without further impacting the dispatch center during an emergency situation. Further, the use of a telephone will eliminate the supervisor's concern about who may be monitoring confidential transmissions on the radio channe'.s. Additionally, since the Rancho Cucamonga Station is an 8 to 5 office operation, the mobile telephone will make the Watch Commander more accessible to the citrzens during the non-business hours. The watch Commander wrll be able to be contacted by citrzens, or contact citizens, who need to speak with him without the delay created by pay phone huntrng or hrs returning to the station to make the call. COSTS• Motorola 2000X Cellular Phone (Installedl. .S 1,195. 00 Base rate: 9 months ? S45 per month 405. 00 Air time: 9 month, ? 200 minutes per month = 1800 minutes x 27b per minute. 486.00 1 TO'LAL S 2,086.00 h IL U6)~000 air. Il]) CITY OF RANCHO CL'CAMONGA MEMORANDUM GATE: October 11, 1985 2~*O GL~9 e z ! V_ _ ~~ ~ _____ p;- COIIPIDHIITLA1 TU: Mayor end Members o£ City Council ~~ FRUH: Lauren M. Wasserman, City Manager SUBJECT: FINf~HGE DIRECTOR TERMIWATIUN el^,REEMEMT On the Agenda next Ned neaday, you vill note among the consent items e proposed contract co use the former Finance Director through December of 1985. Th ie was a pert of our settlement which in my view is necessary in order [o make an immediate change in the staffing of [he Finance Department. The agreement provides eesencial ly for continuation of the Director's salary a[ the tuzrent rate through Che remainder of this calendar year. In exchange for [ha[, [he Pinance Director will be on cell fu sea ie[ during the transition ea requested by [he City. The former Pinance Director has already been in [o assist us with a couple of projects which were no[ pr ev iau9ly handled by the Finance Department staff. It ie my view [het because [he change was immediate the propoe ed agreement ie something which is fair and equitable to the employee and [o [he City. LMH/kep Attachment ti ,\~G~.1]pyr, ~~ L' ~~'~ < ~ A.\ D s ~J;.~;.;,,g; ~~ ti f _ c x G _Z CITY OF RANCHO CUCAMONGA vey,,. Jan 0. )likels ~nunnlm•mbn 1'harle~J. Itv4uel 11 .Icffn:, Fm„ Hichartl )I. flahl Pam ela .I. lt'ri¢ht Oct obet 3, 1985 Harry 1. Empey 6274 Via Serena Rancho Cucamonga, CA 91701 RE: Prw ieion of Pr of eaeional Services To the City of Rancho Cucamonga Dear Harry: Th ie letter is to constitute an agreement by end between the City of Rancho Cucamonga sad you with rea pact to you prwid ing professional [ranaitioael services to the City of Rancho Cucamonga. The services [o be prw id ed 6y you will be as req ueeted by [he City Manager sub aeq uent to the date of this letter. The prof es ei onal eery is ee which relate to any end all mat care with which you became familiar during your tenure ae Pinance Director of the City of Rancho Cucamonga. For sod in conaid erasion of you being available to prw ids the eervic es herein, you will receive Che sum of $4,815 per month ([his includes $250.00 per month to be utilized Ear health insurance cweregd. Should Chia agreement be terminated, you will be comps nea Ced on a prote [ed basis £or any portion of the month in which [he [ermine [ion ie effective, up to and including the date of termination, Any such proration will be made on a chircy-day mon [h. It ie ands raCOOd that you will be pr wising the services ins iceted in [his letter as an independent contractor and not as en employee of the City of Rancho Cucamonga. This agreement shell be from the date of execution hereof through December 31, 1985. Th ie agreement may be terminated promptly for cause. IE the approved egreeme nt is acceptable to you, please date and execute a copy of th ie letter where indicated and then return that copy of letter to Chia oEf ice For the Ci Cy'e Eil es. We look forvard to a Conti nu oue productive association with you with respect to rendition of pr of esaional tranaietional ae rvis ea. Very tru yours, uren M. Was sermon City Maneg er APPOV ED: -~ DATE; ~Q-5`-fJ-~ Herr ey 9120 BASELINE NOAD, SUITF,C • POUT OFFICE. BIIR dal • RANT IIO CI'PA NOw:A. PALIF'OR U,\41170 • I: H14P4-lsGl CITY OF RA\CHO CL'CA110\GA MEMORANDUM DATE: October 16, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, Community Development Director BY: Dan Coleman, Stn for Planner SUBJECT: PRELIMINARY REVIEW 85-35 - MALMDUIST ~cn.u JO~~ ~Tr` i. j \9 ~° f ~~li III _~ s .. '$ 197] I. Background: On September 25, 1985, the Planning Commission conducted a Preliminary Review for consistency with the Foothill Corridor Interim Policies for a proposed four unit apartment addition to an existing apartment complex located at the southeast corner of Hellman Avenue and San Bernardino Road. The Planning Commission's deliberations considered that there are issues of land use and character that are such that any building approved in this black could pose an obstacle to the optimum development of this area in the future. Therefore, the Planning Commission deferred development until completion of the Foothill Plan. The applicant, Malmquist, submitted an appeal of the Planning Commission's decision. The City Attorney has reviewed the appeal request and determined that the applicant must exhaust their administrative remedies which would require a formal application for Development Review. The Preliminary Review is provided as a courtesy to the applicant to provide direction early in the review process and to avoid undue time delays or expenditures for projects which are not consistent with the Foothill Corridor Interim Policies. After Preliminary Review by the Planning Commission, the applicant has the option of proceeding with formal application through the Development Review process. Therefore, the Preliminary Review itself is not an appealable action of the Planning Commission. II. Recommendation: Staff recommends that this item be removed from the consent ca end ar. Sincerely, Jack'Lam Community Development Director JLDC:das Ci[y Council Agenda -8- October 2, 1985 • 5. ~Q-1DVffiIg1® laLLI1G8 MO ITP1fS SOHMITTED A, o~nrICIPATIO IM 1987 POLICE OLYMPICS -Council [0 293 consider endore ing the Sher iff'e Department bid to 6oet the California SteCe Police A[hl etic Pederat ion Oly mpice in 1987. Coet no[ [o exceed $1500.00 to be all stated from the Police Contract Service Account. MO ITEMS SDBMITTED • I I 1; •` t] j J 4 1 j I ~ I. ~~ '. LL`.-.{r'~IU CJ()~l1'l,'()fr wl wl :.r Yi L•'r ~UCI (1` ~+WUI~.: Ia tJ.~J rr1 Q~''Yh JijU~~'w ::lY () 'V'n:lOtiPu a<JVwI m~.L f1 ~'. rnrv LL\.t.r "[)Url'Ih.tUWUr -J 'J O`~N [J O!O`(-v0 -J•L`N f'( •YY\V1. Ji3rM1 V', .-r IJ U` l>F~I- •~NrmF• J~J ayVY(v uS U\rN,• mU1•1 r" .J w+l".. 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I I a'JJ nO SMNp N~T~nr6 <.u nj'JW J..•WIO JI 1 <I F ny lGW n..y IfW LCGOQSJy J)D<V CLJI ' 1 L' L L- i 0 2 C J L< C. u.~ ~ Z p D J• ri N 4 K 11 J >> "'Q ~ I, 1 ZLY ..s a2 ~<~-J J¢S n~Wp al X 3a~22VN )JJj V I W JI<»+~'JZ L(71 JKI,Z r. 1L ,~ L~ZW'S •~l >~t~ .)WI '' 1 S j' G Y `7 "r A .. ~ L l" y .~ n y W 11.. d .Y L I W +, W Q .C Y l i- ~1 F-'r-s,2J >2 O L>L~ `-1~ •Or,D .nr~H~ O 1 O~ 7 <'',< J W S J x L L W a< Y W< L Y< J 2 X n n~M ./ Z L y I j 1 O'h;:>11-7L.]`<~rrOt[O^N <~+•tss t<WU N %N NI , 1 vl~..nn n.v1 VIA \ .. ^I~'1 --'~~. > '»J~ZS VIZY S~ u 1 I i , ', 1 j r 1 <1~ < 1 r ~ T r V F D T^ `+, ~ n n G T •. ` P ~\ r a ~' a y~ g P ~ f- N Y• ry a s .Ij n 1 .. ,.. .+rv, .. f-- n.-Yri vrr.+ln .1 W'.. +, imor-j.n r-..lr.l tlol-', 1 Ib .l r '1"t) ,1 rv• 1' A r p J V, r N Y A r" r r l~ ~I lp V r m n • A Y "A ). 1 I :r ` _ iL .. `~ J ~~ C ~ Ar-~8 v: t «': W ' CITY OF kANChO WCr$~„NGA ADMINISTRATION SEP 1~ 1~ 8191~Ip41~81q~8 g'i CLAIM AGAINST THE CITY OF RANCHO CUCAMONGA 9!'. RANCHO CUCAMONGA POLICE DEPARTMENT ~, 1~'', LAWRENCE J. WINKING A Lar Co rpocation 2~!• 290 N. "D" Street., Suite 710 San Be rnacdino, CA 92401 3! 4~'~ Attorney foc claimant 6I! i ', I, 10'', lll', In the Matter of the claim of ) ) 12 the heirs of CHARLES D. STONE, ) i (Deceased) ) 13 against the CITY OF RANCHO ) '~ CUCAMONGA (RANCHO CUCAMONGA ) I4 POLICE DEPARTMENT) ) 1 1G' TO: THE MAYOR AND COMMON COUNCIL OF THE CITY OF RANCHO li CUCAMONGA: 18 1. The claimant's nave and post office address is ~s 19 follows: The heirs of CHARLES D. STONE (deceased), 423 S. ', 20 Street, Ontario, California 91764. 21,'i 2. i7e desire notices en be sent to the following nos' 22''~ office address: LAWRENCE J. tJINKING, A Law Co rpocation, _ 231i "D" Street, Suite 710, San 9e rna rdino, California 92401. 24 3. The date, place and other circumstances of the 2S occurrence or transaction [ha[ gave rise to this claim ace 2G follows: See attached police reports. 2i 4. A general description of the injury, damage and Inss 29 incurred sn far as is now know is as follows: Death. S I'~'~, S. The names of the public employees causing the injury, 2 damage and loss as now know are: Unknown at present. i 3~ 6. The amount claimed as of the date of presentation of {'~ this claim is Sl.nnn.nUn.nn j', II 7. The basis of computation of the claim is as Follows: $~'~I Statutory rights of the heirs to recover damages for a wrongEal 7,'i death. $I'I ~ 8. I, Ia wrence J. Winking, the undersigned, am a person 9;;' Presenting this chin on behalf of the claimant above named. 10'~I OATEU: sep[ember 16, 1985 11', WR CE J. NKI G 12 ' A La Corp anon Attorney E Clai t 13 ; 1{ l a ~~' t li li I$ 10 20' 21 ~ 22,. 23 ~ ~ 2{ I 25 ', ~ 2G 2i~ 2$ •I (9 )~~~ CLAIM AGAINST THE CITY OF RANCHO CUCAMONGA • 2,'~ RANCHO CUCAMONGA POLICE DEPARTMENT 3~~, ceclaration of Presentation of Claim by Mail (CCP Section 4'~I~ 3013a(1)). j~l I am over [he age of 18 years and am not a party to [he ~ 6'. claim affixed to this declaration- I am a citizen of the ~ ~, United STATES and enployed in San Bernardino, California. I BIB, ', presented the affixed claim by depositing an original and three 9~1i (3) copies thereof in the United States Mail in San Bernardino, lU;l California, on September 16 1995, at the United 11i', States Posi Office in San Bernardino, California, in a sealed 12~,~ evelope, with postage thereon fully prepaid, with the name and 13 !' address shown on envelope being as follows: Mayoc and Common i 14~.~ Council, P. 0. Box 90~ ~ __ Rancho Cucamonga Calitornia. . 15'~ At the time of deposit, there was regular delivery by the 16 United States Mail between the place of deposit and the place ~ 1S of address. i 18' DATED: September 16 ___, 1995, at San Berna rd inn, , 19 California. i 20'~' I I delcare under penalty of perjury that the foregoing ~ 21 i true and correct. ~ 22'; ~ ~~~~ ,r ail 23,E ______ A N;ACOS ~ 24 2v , 26''~' 2i • 28 Gtr CBM tf¢7 naE EECr:oN SCWE PC1B2 96 w u 7-25-95/2128/TH^85DAY I,LTU'S,uYE Wi [IPfT uIOGE IfIN STATE OP CALIPOBNIA POLICE DEPARTMENT 200 N. CHERRY AVENUE ONTARIO, CALIFORNIA 91781 I C.SE ,G ~ 85-7-1493 CadB Mo. ' I R 4 R NE]f EOOPE56'YMWI"[NVEM1LLq V eUS HOME ' „ r 200 k. CHERRY AVENUE ONTARIO, CALIFORNIA 91761 ~ 85-7-1493 2, 200 N. CHERRY AVENUE ONTARIO, CJILIFORNIA 91741 SS-7-1493 3. POLICE DEPARTMENT 200 N. CHERRY AVENUE ONTARIO CALIFORNIA 91761 >o _.v .~ 85-7-1493 4. .,K _,~ 200 N. CHERRY AVENUE i 85-7-1493 ONTARIO, CAIiFORNIA 91761 I 5 X182 Na. ~ 85-7-1493 200 N. CHERRY AVENUE ONTARIO. CALIFORNIA 91768 ', 8, No. ( r AK M ~, , 100 N. CHERRY AVENUE '~aS-7 ONTARIO, CALIFORNIA 9176A 7, w.. ,. 6i. M/..tiRR FlLL /~ r AR i. ~~ - 200 N.xCMERRY AVENUE 91 ONTARIO, CALIFORNIA f17N 8. No. )~M, RMlf:, ~ ,c m ~ o.~a, r.umo 0 o.n ~,.. ~. m. awai,x rut POl{CE DEPARTMENT 400 N. CHERRY AVENUE N85-7- ONTARIO, CALIFORNIA 11761 ; POLICE DEPARTMENT 400 N.CNERRY AVENUE ONTARIO, GIIFORNIA 91)64 .y w: ~~ BS-7-1493 ~- ~ AK I_ ,~ BS-7-1493 qD0 N. CHERRY AVENUE ONTARIO, CALIFORNIA 91761 46511352 No. 2- ;y POLICE DEPARTMENT ~ °w~ 400 N. CHERRY AVENUE ONTARIO, CALIFORNIA 91)64 E65 113 POLICE DEPARTMENT ~° 200 N. CHERRY AVENUE 85-7-1493 aSe - ONTARIO, CALIFORNIA 9161 No. $ 1 i I 200 N. CHERRY AVENUE g5-7-1093 ONTARIO, CALIFORNIA 9176 Z • A6S11351 w... • /i _ MP ilia 4114 ~~ 200 N. CHERRY AVENUE ~ 85-7-1491 ONTARIO, GLIFORNIA 9176! No. Y 400 N. CHERRY AVENUE I 85-7-1493 ONTARIO, GLIFORNIA 91761 „ ;,.~ -.. ~. ., NASB4 i4F .`z POLICE DEPARTMENT 200 N. CHERRY AVENUE ONTARIO, CALIFORNIA 11761 HiS ., :._, K 85.7.1493 ~i s[>Pe POLICE DEPARTMENT ~• ^• es,i.l491 200 N. CHERRY AVENUE I __ ONiARlO, GLIFORNIA 91761 ' li Pg. 2 No. '.1 POLICE DEPA ~. Y00 N, CHERRY AVENUE ONTARIO, CALIFORNIA 91761 51 N .L v 85,7,1493 BUPPLED'1.37'ZAL ~ ~, .~ SE yu. MONTCLAIR POLICE CEPARTMENT ~ icntarm P.D. 360 185.07.1493 SUPPLEMENTARY CRIfbiE REPORT .~-~~ f XO :OOF StaICM Il OWf l fi IUSi V'.UilCx 352 H68 SALES OF HEROIN .ICIIY'S M1/Y[-JSI, i'./il. Y i~( I/.EY I/ /I.y1XESii ~OC(ESS ~ .Ei~:E(:E Eii 1, /xCM[ ATE OP CALIFORNIA c '~ ~~ L CITT OF RA~CFIO CCC.aJ10~GA STAFF REPORT CA`E: Octobzr ?, !935 T0: City '..o until and City '4 an a9er FRC^1: Lloyd 3. Nubbs, City Engi veer SiJBCE CT: Bond Release and 9oti ce of Co^~pletion r j , ~l-ggr;L ~., _- ~_ ~-,:iY~,er1~^" V F _ J - '0((('111--- i 0..'.. 93-05 - located on 7th Street 'd est of Etiwanda gvzm~e DE`J ELOP°_R: Ol tm ans Construction 5i5 '4ontzrey Pass Rd. Monterey Park, CA 91754 Release: • Faithful Perform ante Bond (Road; S31C,OOO.C0 The road improvements for D.R. 33-05 have been completed in accordance with the anprov?d plans and it is recommznded that City Council accept said imprcvzmznts, authorize the City Enyinzer to file a flotice of Conp Ltion, and au`.horize the City Clerk to release Lhe Faithful Performance Bond in the amount of 5310,000.00. Respectfully su^Titted, ~y~~~ d `9 -~ 0.ECOROINC REQUESTED BY C[TY OF RANCHO CUCAMONGA P. 0. Box B01 Rancho Cuc ampnga, Cal iiprnia 91730 MHEN RECORDED HAIL T0: CITY CLEkK CITY OF 0.pNCH0 CUCPMfINGA P. 0. box B07 0.ancho Cucamonga, California 91130 NOTICE OF COMPLETION NOTICE [S HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or es [ate in the her<in after described real property, the nature of wh i<h interest or estate 1s: D. A. N7-09 2. The full name and address of the undersigned owner is: CS TY OF RANCHO CUCAMfINGA, 9320-C Base Line Road, P. 0. Box 007, Rancho Luc anronga, Cali Pornia 9U70. • 7. On [he 2nd day of October, 1905, there was completed on the hereinafter described real property the work of improvement set forth in the contract documents for: 0. A. 83-OB 4. The name of the original cantr actor for [he work of improvement d5 a Mhple MdS: Oltmdna~a COnS tfVC Cl on 5. The reai property referred to herein is situated in the City o/ Rancho Cucamonga, Cpunty of San Bernardino, Cat ifornia, and is descrfbed as follows: Located on 7M Street west at Etfwanda Avenue CITY pF AANLNO CUCAMONGp, a municipal corporation, Owner L oy Nubbs, i[y ngineer r 1 L_J ~z9 RESOLUTION N0.-E1A-92-Or.~R 8S'd~~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83-OS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D. R. 83-05 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 2nd day of October, 1985. AYES: LADES: ABSENT: • on i e s, Mayor ATTEST: ever y A. Authe et, ,ty er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**. Executed this * day of *, 19** at Rancho Cucamonga, California. every Aut a et, ity er 30 n rmv nn n w e~nrrn n • STAFF REPORT DATE: October 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubhs, City Engineer BY: Barbara Kral 1, Assistant Civil Engineer ~ ~.,,...,otii: `~ % 9 ~. ) s 1 .' ~ 4~~i~ - r _ ~ -!- In'- ~ SUBJECT: Approval to release cash deposit guaranteeing the construction of median islands on Archibald Avenue to connection with Tract No. 12090. City Council adopted Resolution No. 85-200 amending the Circulation Element of the General Plan deleting the median island designation on Archf bald Avenue. U.S.R. Properties, in connection with their project, Tract No. 12090 located on the northwest corner of Archibald Avenue and Feron Blvd. deposited cash with the City for construction of the median island on Archibald Avenue. The fallowing deposits may now 6e released to U.S.A. Properties: J Amount Date of Deposit Phase 1 - 55,075.00 March 1983 Phase 3 - 55,950.00 January 1984 Phase 5 - 53,850.00 May 1984 RECOMMENDATION It is rc commended that City Council authorize the release for the above listed deposits. Respertfully s bm' ed, LBH: K de Attachments 3/ rvrmv nc o e vrvn rrn a ~rtnnr • • STAFF REPORT ~~ _ ~ .^ A, \ J ~ ~ ~ S z ' > iu-' DATE: October 2, 1965 T0: City Council and Ci.y Manager FROM: Lloyd B. Hubbs, City Engineer ~ BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Rgreement and Improvement Security and Maintenance Agreement for Tract 12590, Improvement Agreement and Security for Desilting Basins for Tracts 12590-3 and 12590-4; Improvement Agreement and Security for Pedestrian Bridges for Tracts 12319 and 12590-2 located on the east side of Haven Avenue, north and south of Base Line Road submitted by Lewis Homes of California Tract 12590 was approved by the Planning Commission on July 11, 1984, for the division of 39.7 acres into 215 lots in the terra Vista Planned Community Development District located on the east side of Haven Avenue, north and south of Base Line Road. The Developer, Lewis Homes of California, is submitting an agreement and security to guarantee the construction cf the off-site improvements for Tract 12590 in the fallowing amounts: Faithful Performance Bond: 5133,000.00 Labor and Material Bond: E 67,000.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.&R.s have also been approved by the City Attorney. The Developer is submitting agreements and security for the following improvements: Tracts 12590-3 and 12590-4 - - Desilting Basin Faithful Performance Bond: 518,000.00 Labor and Material Bond: E 9,000,00 continued ............... 3~ CITY COUNCIL STAFF REPORT Approval of Improvement Agreement and Security for Tract 12590, Tract 12590-3 and Tract 12590-4 and Tract 12319 and 12590-2 October 2, 1985 • Page 2 Tract 12590-2 - - Pedestrian Bridges Faithful Performance Bond: $25,500.00 Labor and Material Bond: $12,500.00 Tract 12319 Faithful Performance Bond: $28,500.00 Labor and Material Bond: $14,000.00 RECOMNENOATION It is recommended that the City Council adopt the attached resolutions approving Improvement Agreement and Improvement Security and Maintenance Agreement for Tract 12590, Improvement Agreement and Security for Oesilting Basins for Tracts 12590-3 and 12590-4; Improvement Agreement and Security for Pedestrian Bridges for Tracts 12319 and 12590-2. Respec fully uh~tted, i LBM: :jaa Attachments • • 33 [ITT OF PANCNO CUCANONGA INPR OV EME Ni AGREEMENT FOR NNOU aLL NER HY TMESE PRESE4T is Tha[ [ha a9re e.m ¢nt is made apE epta.etl jntp, 10 Conf pr.ndnce wtth [he pr 9'115ion5 Of :he $ubdtvts ipn Nap Act of [he State pf California, ana of [he apps :cable OrEinares of the City of Aan cno Cucarong a, Cattf ornia, a municipal carORratip n, by and between said h ty, heretnaf tzr r -. reE tD as the Ci ry, and Lewis Fhms of r,.+i4 r Penn rxt oa rtn¢•s h+p ner¢ina: :er re errep Ca as -~- Lev- pp2'. 'A ITNE$$ET is Tod T, N4ER"-A$, slid DE VeIOp e• des°•es tp develop rent din real prop¢r[y to said Lt ty as shown on the conditionally approve? subd r+i ston ino do as T 12590 anE VH ER EAS, said City has establishes certain reRUi rements tp be m¢t by sattl Developer as Dr?requisite to aDpr ov al of saiE subdivision fie ner illy located at rortMast COxner of ppoo Hgvat N OA, THEREFDR E, it is hereby agreed by said City and by said Oev ela per as fol lows: 1. Tne Developer hereby agrees to r.ons: ^act at Dev?leper's expense all improvements described on Page 6 here- . pi wi:htn ['delve nonths from the of fepti ve tlate hereof. 2. This agreement shall be effective on the date o/ resp'u' wn o` the Council of said Cf[y approving th'.s agrees e.n t. This afi reememt shall he in default on the day folloe- tng the first anniversary date of said approval unless an erier- sion of ti-e has been granted by saitl Ctty as hereinafter prav:d- ed. 3. The Oevel oiler may re gpest an a+tenston pf time t conplete [he terns hereof, $ucn request shalt be su bnit:ed to the Ci[y in writing not less than 70 days before Me expiration Gate hereof, and shall cp nt ads a states ent of circcrst an ces ne r.essit sting t:he extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost es[imaLe, and Impro moment secure ty, and to require adjustments the rein if any subst anLiai cn ange has occurred during [he term hereo/. 4, (f the Developer tails or neglects to comply . the provisions p1 this agreement, the Litt shall have the r~s-' dt dny Lime tp cau5? sdid prpVlslpns LO tl? meC by dny lawr.~ means, antl thereupon fecover from the Developer and/qr his su •tt. [he full [fist dnd QaD¢n s2 inCUrred. 5. The De yr leper shall Dr ovf de metered water service .c each lot of said development in accordance with the regal at ~. D's, schedules, and lees of Me Lucamon5a Lounty Naf er Distri tt. 6. The Developer shalt be re sponsi bte for reDlaceme r', relocation, or removal of any coneonent of any irrigation water sYS :em in co nf!~ct with <pn sir acts o~ of r¢qu~. red improvenen t; to the satisfaction of [ne City Engineer and the owner of such water SYStem. /~~ 3Y f'~- Tracts and Conm/In E. D.M. n u >. Imo rpvenen is repo; •ed :p he construct?tl shall co nfarm to the Stand artl Or swings ono Stdnddrd Spe<~h<a;io~s of the h [y, and [o the ImDrovem en: Pion aDJr aved Sy antl pn file i the office pf tn¢ City En g; nee•. Sold ;n prpviments are [ibulatH on the Con Structl0n and 9ond Est'~na2?, he reSy ;nCOrpOra[ed on page 6 herxpf, as taken from the i p.pv<men: plans listen thereon by nuaper. Tne Oe velaper shall al sp ox rosponslhl+_ fur const•uc- L10n Of d0y [f dnSltfOni pr 0[n er IOC'02nt al nOfk be y0nd [h? C!iC[ boundaries a2 needed far safety and prOpe• surface dralndCe . Ef rOrS Of Omm1S5 iDn5 d15C0V2•ed dOr ;ng COnS[f UC [In Shdll bo <prr¢c[ed uppo the direction p1 the h :y Er.g~n=_er. Rev,sed .qrk due to Said plan mptlifica;ions shall he co vi•od Sy [he pro>~;; ors of this agr eemert and recured by the su •e:% covering Me pn g~-.dl pl dnnetl MOYRS. 8. Cp natructipn perm is snarl pe obtained py tF.e Oe velaper from the pflice o/ the City En g;neer pn or tp scar; pf work; all regulaCiOrs listed the repo sn all De obser v<d, ~;tn attention gtven to safety procedures, ca ntrol of dust, no~ze~ or o[n<r OuiSdOC< [0 the dr<a, and LO prppe• nOL~il[dtipp pf publtC YL 111[1<5 dnd L12y Depdr[menli. fdllofe IO COnply M~[h cols sectiDn mall pe su hj eci to the penalties prOVtdetl the rif pr. 9. The Oev elpp er shall be responsible Por removal of all loose rocks and ocher de kris from OeSl is rign[s-Of-way wttnin or adjoining said developsent resin [inq from work rotative [o said tlevelo Dsen[. 10. Nark done within edis[ing streets shall he diligently pursued t0 completion; the City shall have the right to <omple to any and a71 work in [he event of unj ust lfied delay In • completion, and fp r<cover all cost and eaoense incurred frpr. the Developer and/or his contractor by any lawful means. 11. Said Developer shall at all tines fpl lowing see+ca- tipn of the scree cs and easements in sale su0idivisipn, up [o She completion and acceptance pf said work or iinDrpv emeot Sy sold City Council, give goad and aeequate warning to the traveling public pf each antl every dangerous condiLipn eai st<n[ In said sir eet or easement, and will protect the traveling puhltc cram such detective or dangerous Condi[fons. Until the completiDn of all tmprovemen ts, hereto Incorporated on Page 6 to be per Pormed, each o/ said streets not accepted as Improvements shall Oe under the charge pf said Developer. Safe Developer may close all or a Dortipn of any street subject to the condi [f ons con tainetl In a temporary street closdre permit, issued by the Ltty Engineer, whene uer i[ is necessary to Drote<t the public during the con strut tlon of [he Improvements herein agreed tp he made. 12. Parkway trees required to Oe planted shat; [< planted by the Developer after other fmprovem ent work, grddi~p and cleanup has been cpmpte ted. Planting shall be don? as pr ovidee by Ordinance fn accordance wttn the Olanting dfagrd- approved by [he Cicy Lomm unl ty Development Director. The Developer shall be re ip pnsi ble for maintaining all trges planted in good health until the end of the guaranteed maintenance perfod, Dr for one year after planting, wM Chever fs later. 13. The Developer is responsible far meeting all contlf- tipns est abllshed by the City pursuant tD the Supdivlsioh -2- • ~~- 3 r Map Act, City OrCi antes, and This agreement for the de velopm en:, and far the mdinten ante o/ all improvements constructed thereu ndpr until the im Drovemen[ is accepted far maintenance by Me City, and no improvement secure ty proved@d hereinwith shall b< r<I@asad Cef Orp SJCh dc[eptan[e Un1E55 oLACr else pf pVl ded dnd authorized by the City Council of the C~[y. 14. Thfs agreement snail no[ terminate until the ma~n[enance guarantee secure ty hereinafter described nos been released by the City, or until a neu agreement together wttry the required improvem@n[ security has been so bm~[ted to the CiTy by a SUCC255or Lp the hefeln ndTed, dOd by resJlUSiOn Of the Llty Council sang has Ceen accepted, and th,s agreement and the improvement security therefor has been released. I5. The improvement security So he faro i5ned by tree Developer with tress agreement shall consist of the following antl Shall Oe in a /orm acceptable by the Lity Attorney: p. Tq se<u re faitMul per/ormance o/ [1115 agroemen[. 1. p bond qr bands by one or mare duly authors xed corporate sureties in tree form and content specified by Government Code Section 66499.1. 2. An Improvem ene Security instrument in the form and content specified by the City Att orpe y. 3. A deposit with Me City of money or neggti able bands of the kind approved for securing dep051fS pf public monies. B. To secure laborers and ma[erialmen: 1. A bond pr bonds by one or more duly au[horixed corporate sureties in Me form and content specified by Government Code Section 66199.1. 2. pre Improvement Security Instrument fn the Porn and content specified by the City Attorney. 7. A deposit with hty of money or negotiable Oonds o1 the kind approved far securing L. A cash deposit wi lh Me Lity to 9u ar antee payment by the Developer to the engineer or surveyor whose certificate appears upon [he Final MaD for the setting of all boon dar y, lot corner, and street centerline monum<n[s and for furnishing centers the Lie notes tq the City, The amount of the deCOSi[ may be any amount cer!if ted by the en ginear or surveyor ai acceptable payment in full; ar, 11 no value is su hmi tte d, the cash bond shall be as shown an the Construction and Band Estimate contained herein. Said cash deposft may be re Pontled as soon as proce• dare permits after receipt by the Lity of the centerline tie notes and written assurance of payment in lull from [he engineer or surveyor. ' D. The required bonds and tn@ pr sots Dal amounts thereof are set forth on page 6 al this agreement. I6. The Developer warrants Shat the improvements described fn eh is agreement shall be free from eef ec is in materials end workm an snip. Any and all portions of the improve- mer,[5 found to be defective within one (l) year follow ing the data on which the improvements are accented by the City shall be repaired or replace0 by Develgper free of alt charges to the City. Tree Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (1D w) at the construction 3 3` estimate or 5200.00, wn:cA ever is 9ro aver, (o secare (he /a unPr; p ¢rfprmdnce of Develop er•s obl:g a::pns as des cr:be0 in to is oara- grapn. the ma:nter encQ gua^antee seea r:;y shall also secure the /ditnf ul performance by [he OevetQ per of any obltg a[ton of the 0¢veloprr [o do specified work :;!: respell to any paraway m a: n:enance azse ismen( dis[r is ;. Once the imprpv¢men is nave been accepted ar.d a ma:nien ante guar anted securi;y nos beer accep ;Qd by [he City, the otAer imDrovemen[ security descr sped sn toes agre¢rQO; Tdy be re le dyed prnV:d¢d ;ndi Such r¢1e 35e a oth2rn:5e au Loan ied by the Supdivt s:on Mau BCt ind any applic ab ie Ci:y Ordtnare. 17. That Me Developer shill take out and mdint sin such po Slic liab:; rty an0 property da~ag¢ nsur ar ce as shall protect M n and any cartractpr or subrontr ac [pr perfprn:rg work cove•¢d by tAa agreement from clafms for property damages wAi ch may dri5¢ because Of IAC Oa!are of [M1Q Npr[ Or ffOO pperd[ipns under this agree men;, wM1eth e• such dpera:+pns be by Aimsel( or by any c ontrar.or or subcontractor, or anyone directly or indirectly employed by said persons, even [hpugn such damages b¢ not caused by the negligence pf [he Developer or any contractor pr subcon ttdC [Of pr anyone employed by said persons. the puSltc l iabtlity and property damage insurance shall tilt the City as addaondl insured and directly protect the City, its o/{icers, agents and emplpyee s, as welt as the Developer, his contractors and Ais subcon:raclprs, and all insurance poliCi¢s iddu<d h ereUn,".er shall SO state. The min imam dmOVn [S pf 511Ch in5ufdnGe shall be as fol'oxs: Con[r act pr's liability insurance provid: ng bodily • injury or dea[A liaof lily limits pf not less tha f DDD, 000 for each person ones f1, 000, 000 for eacn ac ct dent or o<cu rr enc e, and Drape rty damage liabil- ity isms;s of not less Loan 5100,000 Tor each acci- dent pr o<currencf wf[n an ag grega;e limit o' 5250,000 far claims which may an se troy the ope•a- tipns of LAe Oeve!ap er in the perfD mane of tA¢ work ner ein provided. Automobile Itabitity insurance covering all vehtc Les used in tAe performance of tAa agreement providing bodily inf ury liability limits o£ not less than 5200, 000 for each perspn and 5700,000 for eacA act ident or occurrence, and grope^ty damage liability limf [s a( not less [hap 550,000 for eacA accident or occurrence, with an aggregate pi not less than 5100,000 xAicA may arise from LAe oDera- tions of the Oeveioper or Ais Contractor in per/orming the work provided for herein, 18. That befpre the eae<uti on of LAis agreement, the Developer shall file with the Lity a certificate or Certificates of Insurance covering the specified fnsurance. Each such certificate shat l O°ar an endorsement prectudf ng the cancellations, or reduction in coverage of any policy evidences by sucA certificate, be/ore LAe expiration pf thirty (3D) days after the Mty shalt nave received notes scats on by re g:stered marl from the insurance carrier. As evidence of under stands ng the provisions con [aimed herein, and of inf ent to•comply with same, tAe fubdiv:de• has submitted LAe /allowing described imDrovemen[ security, and has affiaed his signature hereto; -4- • 3'7 ~..~~ FAITHFUL PERFORMANCE Type; Pn ncrDal AmOJnt: 133,080 NdT2 dnC dddre 5i Of tUreLy: MATERIAL AHO LA00R PAYnENT Type: Pnrr c=1 Rmoun[: 57, OCC N dOQ dnd 3dCra5 Of tu•e [y; EA Sx oEPasIT nonu nl[nrnn an TY De: Pr.nc'~pal Amo unf: ?.803 Nerve and aCd Tess pf surety: MA INiENAMCE GURRANiEE TYp¢: Pn nciD al Ama unt: Name and ado re st of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE [I TY Ix u, ttIESS NEi_O F, [he Parties nere[o have caused [ne se presents to be duty executed and acknpwled ged witn all • /oraalities reDd'retl Uy law on [ne dates se[ form oppazi [e their signatures. nLEWIS NOME ~f CALIFOgryN Date Q~/%'y.f by T...L~i AUTHONIZED Anrus Oevelopor --"- ~'rgna[ure r=CdAu~ A LEw'YS ~xrrnted O ate by .~;~ ,0eveloP2r S, na:wre AcceDt¢d; City a/ Rancno Cucamonga, California A Municipal Corporation By; Mayor larm, nl PrnnerlAipl {~ HaiE OE La IIrOA,\p 1 1 rour+rr or_SAN BERNAROIHO__ ss Se~[ember 17, 1985 } ram - _ , erm. mr mr ~.ern~ArN , sm:n P.nr~, }m,m for pia ,uu, prpn:.ah mpnrN_ Plchard A. Lewis _, E lnnwn ra me ,n y de pmt pl nl rAe pnnenAq ,pn named IAe n~Ln mnnmmr and nYrewlNaed ro mr • e_Ae.._nmrsd rN Ume lo, and maeA nl nlu dpmnen Aip NdrArrvd prrnnNip e, ecaN tlx ume t vrtrvtxs n e N n mr ,~ ~ r lun _S..C-__ ~ fONAA ROBINSON V Edna A. Aobtnsan ~ r ~^• ~~rv ^"~ ~ ' _ 11 Nrmr lTrpN or Ir,NNI Yr arm,w.u~w lrp=Yw Il.lpl Ilrn nr w. m,lw, r.e.w wFl ' CIIY OF RANCIIO NLN40NGA l: FNG INEEA LNG OIVISIOM _ ENCNOACIWENt PEANIt FEE SCIIEOULE , Fnr Imp rovemwl: TRACT NO. 13590 Ild tp: 1^ld-BS OmpUle y: MMad :~6 A~k t s I C.__ File Re erenc ¢: City Orawlnq No. NOtE: Ones not Inc lode current lee far writing permit or pav ¢ment depOSlts ._ Gumrn rr anti rife PRILE rJtaunt Li. P,C,C, curb - 12" C.K. 24" yut ter 1.25 ~',~ L.F. P.C.L. curb - fl" L.F. 24" gutter 6.00 lJ i-~6 .-off '-ZSST Lf.4' P.C.C. curb only 5.50 6,416.10 ~Jr L.'. A.C, berm 4,50 1 95 ].sa I --9~IUT S.f. 4" P.C.C. sl dewal4 1.15 16 2~60.xs 2 J6'8- LF. Orlve appr0a ch 2.50 5 3x0 Oa S. F. B" P.C.C. cross gutter (inc. Curb) 7.40 ' C.Y. Street er<ar atlon 1.50 9,:1].00 ~i ~/3 C.Y. Impo+ted a*b dn4menl 1.50 666.sa X742 s.i. Preparation al sub9yr ode 0.15 6.411.10 42)92 5.4. Cruthpd d99- base IDpr Inch lh lck) 0.0J 1.232.26 CON A.C. (over IJ00 tonal 2].00 J i0N A.[. (900 to IJ00 tons) J5.00 66d T04 A,C. (500 l0 900 loos) 45.00 3B. B60.00 ION A.C. (under 500 tons) 60,00 s,f. A.C. (J" thl cM) 0.55 S.i. Patch n.L. (trench) 1,75 4o el S.f. t" lh lck n.t. overlay 0.70 1. xx a.70 s EA. Ad)ntt sewer manhole tp grade 259.GG 1,x50.00 fn. 4dPnt weer clean nut to grade 159.W 2 EA. ndJnsl water valves to grade 15.00 150.00 ~1_ Fn. Street Ilyh is 1000.00 A1_, 000,_00_ LF. Barr is ad¢s (lntersec. 5500 ml n) 1.00 l li L.1. 2 t d" redwood header 1.15 _ig (_,ZS _ S.f. Aemmal of A.C. pavement 0.75 LF. Apmnv al nl D.C.C. curh ]. JO --- -- Li. Acmpval pl A.C. berm 1.00 d En. Strept 519ns 20D.09 Rg_0~ 00 EA, ApFlpf t0 r5 dnd pOf tS 15,09 Lf. Cnncr¢te block wall 25 An ___ S.G. Aelalning wall 20.00 _ i0N Agg re9at¢ hate 1.00 _ -- C.Y. Cn':c retp 5buctures 42$.90 ___ ]0 L.F. le" ACP (2000 O) 27.00 _ _ X90 00 L.F. 24" RCP 11500 O) 75.00 L .f. 76" Afp 2000 O 49.00 l.i. 40" RCP 1200 O) 76.00 En. Catch bath N d' 2000.00 _ En. Cal rh has In N • 0' 2900.00 ~- En. tat ch hat In N ~ 22' 4500.09 _ ~~ -- EA. lncnl deer esslon d' 500.00 _ l EA, Local depre ss inn 12' 1000.00 app,^j En, Jlmct inn structure 5000.00 _ En. Outlet ttn¢ture, Sld 1506 1500.00 __ __ __ -- FA. Outlpl sl ntc turn, Std 1507 500.00 ----~~-~~ En. Guard posts 40.00 -- ~~~ LL Guard panel (wood) 25.00 _ , L.F. Sawcut 2.00 --~~~ __ EA. Ile adwall (40" wing) 4000.00 _ -~~ ~ --~ -- L.F. RedwonA ho drier 1,75 -- t F. Levey an inn a L.Ina inn >, 15 _- . ,_ L.F. Roll curb (P,C .L.)~ 7.50 -~- -~- ENOI Hf ERI DG INSPEti ION FEf 5^/S SUO tot Al '- lil~o l4 y66 •nESlOnni lON/OFI.IIIFnI1GN CM1511 1000 CONI IIIGFNCY C05r5 ~ '- Ofp05Ii (A EF dNGn 6LEl tAl illr llL PF PF On NANCE OONO (lOOY) I1JJ L1L1 .0 MOOOMENiAt10N SORELY (CASII) 2,^, 0n DOOR n110 MAt FRI AI OONO (502) 66,55] i0 •PUr su ant to Llly of poncho rur. amnn9a Munlc lpal CaA4, Ill ie I, fhap lnr I,oO• adopt lnq San Bernar dl nn County Cnde, Ill les, chop lers 1-5, + cash res Mrallan/dellneal ton deposit shall be made. Dr tar to Issomce o/ an Eng lnev lnq Conttruc Llnn Permll. ~ Aevlted uAd 39 • 9n nd !:c: 9:`.22'5 r. _,.....: S?98.40 F AITNF UL PERFOR}bt NCE BOdO St at_ cf Cai :f or^: L, and ~ x 'rep ~T cat if rn' a D. ~er.t pa:. gar. wrp (ne-ein of ter des: yn a:ed aseV ',nc'o 2, L,e n[G agreement vher edy pri nci oal -ag •ees to ins: Ll~I~"dnd complete cer;ain de s:gn a:ed DuDlic imorpv e're nts, vh:ch said a9•eenan ;, dated 193 and idea::f te: as prpyp: T.nrt I)s90 Is n2.?^-) ref'e rre^. :D and made a pa ne rec , VNE9E+S, sa'd pr:nciDal iz r [he terns of sa:d a0•=e c.^+: :o turn:sh a DpnC Lr 'n+ fe:rV`^aVl perrDrman ce Df sa:d agreement. N 0'd, THE?EF09E, ve the pr;nr,pal apd _E":"nacpr c•: cU ~„•~~E CG:rdSY d3 surety, are ne1G dpd fir^.,:y Dpund UnW the vlt% i' d2^~C.^.J Cucamonga (nerein of ter called "City"), in the Denal sun v 0o71ars j]3, non DO I laarul money or :ne pot vG $at2s, Ior [ne payment of vntcn sup we!1 and truly to De made, we Ornd ourselves, our heirs, successors, exe liters and adm:nistra:ors, jo:n[ly and severalty, firmly Oy thes_ pr=cents. ux?ECS, Me Ci :Y council Of :ne C~:y of dancn0 Ca am9nga The cpndi'!Dn of this oDt,;Lti Dn is Su:h that if :.he above bounded pri ncipLi, his or ifs hers, a<ecutors, atl^~:n a :r a :ors, • successors or ais igns, shall in all things stand to and abide by, an; veil and truly keel and pe ~`prl [ne covenants, cond'::ons an] pr nvisionz in the said agree -.enc and any al terat[on Hereof mdse d3 th2re'n pr Trt ded, t10 his Or [Herr pdrt. CO he kept and per`pr red at the tame and in [he Cann e- [herein ip eci/i"_, and r all reepD etc dCprdi.ng [o [heir i0[2nt and me dr:ng, an^. iha11 indem mfy ane save harmless Ci[y, its olf :cer s, agents and em p'pyees, as [nerein stipulated, then [his oDiiya[:on shall be<Dre nu 11 and vord; otherwise, it shall De anC rem a:n rn lull force ane effec ;, As a par: pf the pDifgdtion secured he•eDy and in ad:t Lion to the lace aaou nt specih ed there/D r, mere shall be included costs an! reason able exp en sec and fees, including reasonable L::Orne y's Zees, incurred by City in slit cessfuliy enfo-clog such obligation, all (D De Ldxed aS Co545 dnd ina vded in dny jUd "yTent re9de rod. The surety hereby stipulates and agrees Mat no ch anpe extonsi on of tine, altera[tOn or atlei Lion to [he terns o/ ;ne agreement Or fo tat work to De De rf ormed [hereunder Or the sDet:- flCdt10n3 dCCOmD dnyln9 the edmp Slidll 1n do yNiSe d1`eet lt5 obi i9ati0 ns on this Dond, and i[ does hereby valve notice of an, Sufn Cn do goy ldLen3lnn 01 time, dltef d[IGn Or dCCitton [n :he (erns of the agreeme qt Or to Me work or [0 the Spec Jica:i cr ~,. Ih' UIiNESS NxE?E Y., this Instrument Has been duly executed by !hd Drincip al and Surety above named, on ;ec lemner lE 193j_. ' ou c unvcc of rd~ rmc.~~+ - - °'P'a ' t De uelup~ej'//I~ lire tYl ~ (5:gn. .. rel pUTNOBI2ED A0ENT A[:arne Y-~p ~~ac tl Dav:J C. usn rr { DLEASE AT T,1C l1 PONCR OF AiT ON'iEY TO ALL BO'105 I $I Glbs i'JREG MUTT BE NDTAR IZED [y(D i~ Bcc] `!c: 4`522'= .r_:..c. ,nci m per h.„• moon nvD -arEa;atHEa eoNo WHEdEdS, th¢ Ci[Y Caun::l D! :nc Ci :% of 8an:hD Cac ana-?;, State of Cal rf Drnsa, anL n ne.+ o (he re:naf:er design atec as 'Dr~-~' _ ~) nr,= res an agrees en: whereby pr: nc:Ja1 a:^¢ez :D :ns:a lei an; w^-:2 ;? ceraln aesigad:xo p'a011c i.^Dr.vaoga:;, wb r-•~ sa+E to=?^?^:, da ;¢d 192 and :ae ^,::" e: as DrJiec: r^„.r ipsan is ~. :.r=] tc act -,... a Dar: herepr anc NN EP EdS, une?r the ter..-,s o` saic ae-=?-^~;, pr:rc:]al +s recurred pef0re ¢n:e^:ng uJar :^.e D?r' :^a nce Dr :he *,n rk, b ti le a good anc zuf':c:+,: pa::-an; Spcc J~a :n :re C y Jf 1d':-. C.sc ?a~or:d :o secure the clSi-~ :D r-cn r?':•xrc?• is ~aaJt ,n iia? 1~S (:an-.eaa ng .+':n Set:~~tn iCw]1 r Par; of 7:ns:c, of ene C±vil Coce of :ne i:a:e ]f Ca':rJ^n: e. NC'd, 7HEdcFJ gE, say. D'+n:: pal Loa Ne vn:e•s:csed as i cCfp JrLI2 SUr?:v, dre nerd `:r^ly OJ'Jn: 'v D:D :1e C`. Yj L° D2^: [u.amEng3 and dl: CJn ;'LC:ir2• SV.'~CJn:r3::J^S• 1dCJ"°^i, IEE :Lridl R~eO dpC Ot 7er a ;L.•.; 2^, •. 10%_C 1p Lh2 D2rfpfnttCE D! :1? d`nf eS 2ld dG^'^^,?9: ar.C re ttrr4i tE In th2 dfJ!?z Jl] -. 0' Civf 7 pr ac¢tlure in 'he sun of ~ ~ ~ n=n Dollars (Sy7~nyn nn _), fEr ma[^_naiK :ur::: scx^. or iaoar [ner?on r any kind, or tDr anoun:; due unt?r the Une^.D loy^~ent lnsurtn ce R<[ ';h r?spec: is sucn wJrY or lobo r, that said sv^e :y will Day :he vae in an ar,op n: no: exc ee sinn the ampun: he re•Ja JOVe se[ far:h, and also in case sui: is br~u a.h: u tc+s ban] nill pay In ddL:i:pn LO [he (dC2 dPA an: LIIPr?pf, [D S:i dnd feLSanAh!e expenief an^ '?es, in C~uding re _f ondb i¢ a[tcrne%'f Zees. inc:rrxl by City in su::e ssf dliy <pf trctaE such obliga ::pn, [c S^ a>oarte7• an^, fi+Cd Oy Y.he CJUr:, dnC :J De taxed as EJfa dnC tp be inclvted in [he ;utgr,e nt tner e+n re nteret. it is her?h/ esp•ess1Y st:aui aTed and agr?ed that :his Dcr' shall inu r¢ LJ the bene`it of an% and all perscns, ccr.o:n`es ant cn^aore :rani en;:ae0 ;o file cla'as unt¢r Ti:1e li In~-^nci r.g with Se ct iJn 3OE2) of Par: 4 of Oiv~s Jn 3 of :ne Civ+l Ca ..^.e, fc as tD g:ve a r:yn: of ac :'.on [D then pr tne+r d;; '. gn; fn dr.y ;J , broug nt upon tba So r.t. ,nor Shpuld the con d:Lien of this hoot be fully ae rfvr-.e d, then this oEliga:iEn zNa ii b¢came nvil and volt, o:nt ^.n se i[ sn all De one renafn in full force antl of (ec:. Tha surety he rohy itipuia:es and agrees tha: no chance, ~ ea:¢n stpn a( lice, dlteratiJn Dr adtli:fon to the [¢r rs Dt sa iC ~" ' agreement ar the sDecif ictt tans accam]an y:ng Lne same shall in any manner affeG its Jb1igE:iDbi on th:; pond, dntl it dces her=_ fd by waive nptic¢ of any such caanee, eaters ien, alt eraiipn or addit5on. IN 'd fTNE S9 VN E'EOf, this ins:rvn ent Das Deen duty executed Dy the principal and surety aE DVe naneC, on 1985 LENIS HOMES OF tlfOPN IA nvvP: wecc ^'u~a•'C~ 'r:•e 1"" ev+ op rl 1$:r2[yJ -y= fg dture! IZ[O AGENT pav:C :.-5an f4 r+ ,.) • PLEASE AiiA CII POWEn Of ATT ORh F.Y TO ALL 00!fOS S 1GN,1iURES MtlST 8E li0idR12E0 Y/ SVBDIVISION GUARANTEE 11p PERFORYAHCE (SETT IIIG Oi FINAL MDlIUMEtIT S) City Council City of qa~c:,o Cucamonga P. 0. Box 001 Rancho Cuc anon ga, Califprn is 9ii70 Gentlemen: Pursuant to Chanter d, Article 9, Section fifi d97 of the Governnent Code, the undersigned he rety agrees Ln at all monuments shmrn an the /tool man p/ Tract 12690 ar! to be set and (Vfnifhed by Ine sun dlV lYer's engln¢ef or Survly0r OO Of hef ore as sped if Pd 4n the Engineer's or vrveyor's Cer[1 Icate and agrees to furnish the noes the Teen to comp le [e all engineer tog repuirements specified fn Section 66a 91, of the Government Code. The undersigned hands you herewith the sum of S Z.BDB. 00 az a cash deppif t, said deposit [o guarantee toot the monume r.;s will be Se[ and the not <S (urns Shed ei above pf pvl dltl On pr before the date specified and that the engineer or surveyor will be paid by the unoersfgned. It fs further understood and agreed that in the event the undersigned fails fp complete tAe above repuirementf within the time specified, the City pf Rancho Cucamonga is autnoriied to <amoiete said repuirem en is or caute them to be completed and the • cost [hereof is to he a charge against Said Cdsh deport t, anC the City o/ Rancho Cucamonga 15 authorized fo make the necessary fr an s(er from said cash deposit to the <rldit for the proper city fu ntl. It is further ag reeJ that it the undersigned does no[ present evidence td the City Cpu ncll to at he haf Dald the engineer or surveyor Por the setting o/ the final monuments, and tl th! engineer or surveyor g1vH the notices prescribed in S<cti on 66491 of the Government Code, the City sn all pay [o said engineer or surveyor, the rash deposit herein mace. I/ the cost of completing said repuirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference wi[n in thirty (BO) da yi after rocetvi ng written state mint from the Cf ty of Ran cho Cucamonga Spec lfytng the amount of the difference De tveen the cash de posit and the actual cost o/ said repu firemen [s. Cord? al ly, LENf6 HOMES GF CALIFORNIA ~i _ rA. , SuDdivi der ~7 u~tno~n ze gen' D.O. BOM 6]0, Uol and, CA 91185 Address Date The accost ter d( retard (for return of any part ton of the cafh deposit) shall be Lrwi; ~',-es n` Cati`c •n is a r acx h]0 1 nd CA 91785 Name Addre ssg NOTG TO OE SUUH ITT EO FULLY FILLED OUT ANO GI Ct1E0 ~/~- r~ CITY OF RANCHO LDCA MOHGR IMPROVEMENT AGgE EMENi FOR ON-SITE DESa i:NG RAS IN ~. !1590J s iRt 1]590-4 Y'i 0'w AL1 ME `l 3r THESE a0.ESE'R S: TM1 a( ;h a a7^eemen: is made and en;eyed into, confaraan ce x,tn ;ne an•+i sans of ;he Su bdi vt lion Yap Act ofn the S:aL^ of Cal if orn u, ant of the a Dpli<aSle Drtll nances of the Lify of Ran no Cuc a,to nq a, Cal if amnia, a mun,cipal come-soon, by and be:+een said hty, hereinafter referred Co as the City, and [eves eaQs ~~ ralstorn 4 nereintf :er refers=~ :p az !ne Dev^ica¢r. -- NITNESS E. N: TN AT, YHEREAS, ;aid Developer desires ee ee ve'pp certain real property in said City as shpan on the condi ;, on ally soon ved subdivision knonn as ~ and NYERE AS, said City has established cert sin req;i •eae nls t0 be me[ by said Developer as prerepuisi to tp ippro va' of said subeivi Sion generally located at roa*teast wzrer of 0.am1'rp R 4a,mm A YON, TY.Eq EFp0. E, it iz hereby agreed Sy sail ::rty and Sy said Devela per as fplloxs: 1. The Developer hereby agrees [o cons[ rust a; Devetcpe is eraense all im pr avenents describe: an aa:e 6 her^- • of wl train txel ve vonths from [he effective date he^e: `. 2. This aprDemen[ shall be effective on the ds:e or ;he resolution of the Counci' of said City aporav,ny (h:s agreement. This ag see men[ snail he in de`aul[ pn the day fol!ow- ing the f, rs; anniversary dale of said aa0roval unless an ex:ca- sion of tf me nos Seen gran( ed Sy Said Li ;y as he roinaf :er prc r ;. ea. 3, The Developer may recuv: an extens: on pf t,mr - cpmple;e the [erns hereof. Such reaues! snail be sup-r ;;ed to [he Lily in writing not less than 30 days Se`pre the explra:icr. date hereof, and sh a71 contain a s; a.=nent o/ circunst sr.ces necessitating the extension of tine. The City shall nave the right to review cne provisions of this ngreenent, includ~~ng [he construction standards, cast estimate, and imo-ov=Went security, and to require adjustments therein i£ any su SS:an:i al cr.ange Was occurred during the term hereof. 4. [f the Developer faits or neglects to conpty w~.:r the provfsiens of this agreement, the City shall have the - a[ any time to cause said Dror~, sions tp be net by any li.`~' means, and [hereupon reccver tram the Developer and/or nis s.^~•+ the full cost and expense incu•red, ' 5. The Developer shall provi Ce metered eater serv;~¢ ;~ each lot pf said development in acco H an ce with the regu'a:~:~, schedules, and fees of [ne Cucam Inge Ccur:y Hater Distn ct. 6, The Deuelppe• shall be resaons isle far replace^~e n;, relocation, or removal of any ;e-Y~nar; of any irrf ga[i on waver system in conflict wiM consb uc;inn of regai red ,mpr eve-,ents to the setisf ac ti on of the Ci [y Engineer and Che o'x ner of such water s ys to n. 1 y3 ~~ Tracts and Comm/Ind. P. M. 7. Imor pvem ents requires t0 De construct =.d shy 11 Con/arm [o [he Standard Drawings end S:antlard SOen/ica:ions Of [he City, and to [he Imprnvem ent Plan approved by and On file in the office pf [he City Engineer, Said improvements are tabulated On the Con s[ruc:ion and Band Es[ima[e, hereby incO rpora[ed on page 6 he re Of, a5 taken from [he imp rov erie nt pl ant lis:_d [herein Oy number, The Developer sAall a150 02 responsible for cons[rOC- LIOn 0( ddy Lr do Sl CipnS pf OL ne^ In[leCn[31 wO rk beyond Lhe traCL bounaa rtes as needed for safety and proper surface drainage. Errors or ammf isi ons discaveretl dart n9 constrOCtin sn all be cOrrec ;ed upon Che dire <t!On Of [he City Engineer. Revised work due t0 said plan modif ica [ions sn all be covered by Lhe OrOVisi ons of this agr ee mtn! and secured by [he Surety cOVer•ng :he xigi na7 planne7 works. Deve 8. COnst ruction permits shall be ob [sines Dy the toper tram [he Office of the City Engineer prior ;o s:ar[ of Bork; all regulations listed Cher_on shall be observed, with at[en: ion given t0 safety procedures, Control of dust, noise, or Other nuisance m the area, and Lo Draper motif station of public u[i ti ties and Cf [y Depart men [s, failure to romply ai[h this section shall be subject to [he penal lies prOVidad therefor. 9. the Developer shall be responsible for removal of all loose rocks one other debris from public rigors •o1-way with to or 6dj pining said development resulting fro„ work relay ve to said development. 10. Nark done within eat st ing streets sha!1 be diligently pursued to comDle[ian; the City shall have the right Io complete any and all work in the even[ of unj usiified delay i~ conp7e[ion, and t0 recover all co z[ and eapense inra•r ed from Ch Develiper and/or hfz contractor by any lawful means. 11. Sa'd Developer shalt at alt times following de!ica- tion of [he st rests and easements in said zubieivlSiOn, up to [he completion and acceptance of said wort or impr0 veme n! Dy said City Counts 1, give goad and adequa Le warning to the [reveling public of each and every dangerous cindi[i0n existent in ea.d s[r et[ or easement, and viii protect the 'tr ousting public fr pm such defective or dangerous conditions. Unt it the completion of all improvements, nerein incprpora Led on Page 6 tp De performed, each of said scree [s not ac cep;ed as improvements shall De under the charge Of said Developer, Safd Developer may Cross all Or a portion of any Street Subject to the condi [fans contained in a temporary street closure pewit, ifsp ed Dy Lhe Cf ty Engineer, whenever it Is necessary tO protect the public during the construction of the imp rpvem sots herein agreed to be made. l2. parkway trees required tO be planted sha:l bo planted by the Developer after other improvement work, gr ads •~,~ and cleanup has Deen comple red. Pl antinq shall be doge as provfdea by Ordinance in accordance with Lhe planting did;-i-, approved by the City Community Deuelapm en[ Director, - The Developer shall De responsible for maintaining all trc-;s p tooted in good health until the end of the gu ar an :~e es mat nten dote period, or for one year of Ler planting, whichever i5 later. 13. The Developer iz responiibte far meeting ail condf- tiOns established Dy the City pursuant [o the Su Ddivis ion .p. • vy n ~~ Mao Pc [, Ci:Y grC~an<25, anC t'n,s a9r'=""en: /nr :ne de v°lapm en ;, and far the ma, ntenance of all ~~.-prPVementz co r,s;ructeC the rluoCer until [h¢ improvement is dcce Pted for aa~nt2 nonce Sq the City, and no imorovx meat sewn ty arpviCxd her!i nw+th shall EC released hef0fe Such LCC2p a nc? Vnl?55 OL he!N:S¢ prPV i]2d dn0 authors iBd Sy the City Lo until of the Cf ty. 14, this agreement shall not termind:2 until the maf ntendnce guarantee se can :y he rain of ter des:riSep has S!=.n releases by the City, Pr until a ne'w ag reemen: :o g¢ther With the required imP rovemen[ se can ty has Se!n submitted to i;% ^' i Successor to th¢ hereto nameC, and by •¢so:u:ion p` tke C~i :y (OVnC11 SdmC has h2en dCCep:¢C, LnC this dp roe ^,29: and :9? improvement Security :her efpr has Seen released. 15. The tmprav em2nt 52 c;ri ty to S° `u'nisne: by the pev elop!r with this agreemed: ih all consist pf :he fo;lowing an". shall he in a farm acceptable by th¢ [tty At torn2y: A. io secd re faithful aerfdna ante of tmis a_: •e!vent, 1. R Sand or bonds by one or more tloly authorized c orporafe sureties in the form ant cpnten: specified by Government [ace Section 66dg9. 1. 2. Pn Impr pvemeni Security Inztra-.e n: in the form and content specif ie0 by the Lftr At: ar ne r. ' 3. A tlepos it with the City of money ar ^s gotiaOle bones of the kind apprer ed for se caring dB DPSI iS df public mpniCS. 8. To secure IabOr2r5 and ma[eriatmen: 1. R Sand or bonds Sy one or more duly authorized . cOrporabe sur?ties in the fp~a dnC cen;ent sp e<ifi ed Sy Government Lode 5ec:ion 56 +yg. :. 2. An Improvement Security Instrum 2n[ fn tn! for" and content spec i'ietl by the Lity d[tprne y. 3. A deposit with City oI ma n!y ar negP:i able bonds pf Che kind apJrpved far seccriny C. A cash depart with the Lf ty to guaramt?? paymer: by [he Oeve layer Co the engi^!er or surisyor whose certificate appedn Upan the final .Nap for the setting of alt Sound ar y, lot come', and street Cen t2rllne mpnum¢n t2 and for furM Shi dg r.:2rline tie notes tq [he Ci[y. Th¢ amount a/ the C2posit may be any dmpun[ cer:if ietl Oy the enn~ne2r or surveyor a: acceptable payment fn iu11; or, if no value is submitted, the cash Sand shall be as shoen on the Construction and Bond CStiaa:e cmtai Wed herein. Said cash deposit may be re Pond ed as soao as proce- tlure permits alter receipt by the Ci:y o/ the centerline tie notes ana Nritten assur ante of payment fn full from the engineer or surveyor, 0. The required by nds and the pri r.aipa; am pu-a thereof ar¢ se[ forth on page 6 of [his dy reen2nt. l6. The Oev¢loper warrants that the imp rov¢merts 0¢scribed 1n [his a9 ree ment shalt be he! from tlef eta in m-iteriais and Narkn anshfp. Any and ail portions of the improve- ments found to be defective within one (1) year Iolloainy the data on which the Impravemxn[s are acct pted by the City shall be repai•ed or replaced by Gev?ipp¢r free pf alt char J3z to :ne CitY• the GevelPPer shall Ivrnish a mntnten once guar an t'-? security in a sum equal to ten per rent (l0%I of the cpns:r acts pn -9- yS esiima[e or S2 pp.pp, wnichever ~s greater, [o secur! the fai:htp :. Derf prmance of pevlloper's obligations as described in this para- graph. The matn[enance guar an;ee ae Nrtty shaft also Secure [he f a:[hf ul performance by [he 7ev eloD=r pf any obligation pf the Developer [0 do iDecif ied werk wish respect to any parkway main[en ante assessment district. ante the imprpvemen.ts have Seen accepted and a main( en once guaranie! security nos been accepted by the City, [he other impro'+ement security described in this ogre ement may be released provided [hat such re7e?se +s ptherwise oath pri ied by the Subdivision Mail Act and any aDplic able ri;y Ordfnance. 17. iha[ the 7evelpper shall tare out and main[ aln such public liability and property damage insurance as sM1a!1 proteR him and any contractor or subcon[r attar perform:mq work covered by this agreom ent from claims far property dart ages which may arise because of [he nature of the work or from cperations under this agreement, whether such oiler atipns be by himself or by any contractor or subcontractor, or anyone di rec L'y or ind i•ectly empl dyed by safe pers pnf, even though such damages Se net caused by the negl i9en ce pf the Oevel oiler or any cpntrattcr or SubCpntrdCiof Or do y0ne lmplp Yed by Satd pet 50n s. ThC pu E11C liability and property damage insurance shall list the City as addi tonal insured and directly protect the City, its o/ficers, agert[s dnd emplpyoa S, ds well as the peveloDer, his ten [ratters dnd h15 Sub<on[r dCLCrS, dnd ell in s'Jr dnCe pOIIC:es 155Jed 11f r!u0der Shell 5p Stdie. The mint mum d•.In un[S Of 5'JCh IOSUr dnCe sY all be as /oilpxs: A. Gon tract pr's tiabili Cy insurance prov:d;n, bDdil~ injury or tlea Lh iiabflity limits of opt less thi E3C0,7C0 for each person one S1, 000,OC" far each accident or occurrence, and property da~ace liabil- ity limits of not less then 5100, J00 for each acci- dert or occurrence with an ag ar!gate li*~it of 3250,000 for claims which nay arise from ;ne npera- tsons of the Oev eloper in the pert pr^~ance pf the work herein prpvided. 8. Au tpmobile liability insurance covering all vehicles used in the Der Pormance o1 this agreement providing bodily injury tiabili [Y limits of opt Iezs than 5200,000 for each perspn and 5300,000 for each accident ar occurrence, and property damage liability limits of not less than 550,000 for each accfdent or occurrence, with an aggregate pf not less than f100,000 whi U. may arise Irpa the opera- tions of the Developer or nis Con;ra<tpr {n performing the work prpvf ded for herein. 1B. That before [he execution o/ thfs agree^ent, Me Developer shall file wf th the [icy a certiffca to or certin cats of tnsur ante cover ing the spe<if ied insurance. Each such certificate iha 71 Dear an endorsement precluding the cancetlatipns, or reduction In coverage of any policy evi de•~es by such cert tf tc ate, before the expir atlon of Ihi r[y (30j days alter the City shall nave received opts/ica[ton by registe•eo mall from the Inzuran ce Carrier, Az evtde nce o/ understanding the DrpviSipne cpn[ained her e`. n, ono of intent to comply with same, the Su bdf vitler has submstted the following oescri oeo improvement security, dnd has off iced his slgna[u re hereto: . •4- y~ ~ ~ FAITIIF UL PERFCR NANCE TYp 2: Pr,^c~pal dao~m : !9x000 Yarle aed idd ress of surety: MATERIAL ANO LABOR PAYNE47 TYP e: ~nc:; a' nmoun :: 9r 000 fl dne dnd addf?55 Or SY rC:J: CASH DE pOS IT ROYUME NTA7IDN TYP e: pr nclpol Amdunte Y/A N a,ae aed address df su re :y: MAINTENANCE GUARABiEE T YO e: PnnNpal Amdanc: Name and address of surety; TO BE POSTER PRI DR TG ACCEPTANCE BY THE CITY IN NITNESS NERECF, the Oa r:i es ne meta have cau s^] these presed is to be duly exe ra ed an. ac'enowled ped wi:n al' farmati ties required by law an the dates set forth oPCds:te thew . signatures. LEWIS NOMES OF LIROgNIA O ate 9- /7-95 OY UTIIORIZFD AGENT r: e' o; e^ Si .at re RZCNARD A GFN=S Yrtn:ec O a[e by ~ -ve! ooe- gndture Pr lnte^, Accepted: City of Rancho Cucamanq a, Lallfornia A Municipal Corporation ' BY: Mayor _... 1 I nah, oLbmnaµipl { STAII Of CApfOIINIA I couNTY ar-SAx BEANaanINO ss. September 17, 1985 _,yrorc m. rM vnprullrM.. Nmen wN~, } n xM Iw YM qM, Mu^tlb rqn Richard A Lewis , i Ywrn m men M,M .pnrln °/,hr pul,uMrp Yu, rm.IM Lb nNn nwrvmenrud.dnmlNpN bme - F INr._M_nmIN IM UmmI01eM OnaeAelf el NrdgMttMip nla,Aelud pMMnN~p e,ttuMd Yx ume ~ WITNFM mr llxd uN alLalua rlfr¢,AL hm - G /~ / ~ R FDNA A. AOEINSON I _ Edrh A. Aob lnson J "'~=~u,cemm;,~mi.r.~'e~:«°ii^ixr NwM lrhea M n~as ,/n 7 / aw.. l.,aw.r.l ~rl _ ~ ~ En9ESt CITY OF RANCHO CUCAMOMW ENGINEERING DIVISION ENLROIICNMENT PERMIT FEE SCHEDULE . For [mpravemenC Tract No. 12590-3, Tract Na. 12590-4 On-Site Oesilti no Basin Date: August 3 ampule oy: MadT ates. Inc . File Re er ence: -i City Oraw ing no. NOTE: Goes trot include current fee Por writing persit w Dareuent deposits OVANYIiY UNIY ITEM PRICE AMOUNT LF, P.C.C. curb - 12" C.F. 24^ gutter 7.25 L.F. P.C.C. curs - 8" L.G. 24" gutter 6.00 L.F. P.C.L. curs only 5.50 L.F. R.C. Eerm 4.50 -1334- S. F. 4" P.C.L. ipillway 1.75 2.5 i5.C 5. f. Or ive approach 2.50 S. F. B' P.C.C. crpaT 9u tter (inc. curb) 3.40 L.Y. Street excavation 1.50 3000 C.Y. LuC 1.20 ST60~5~ S. F. Preparation of seb9rade 0.15 S.F. [rushed agg. Ease (per inch [hick) 0.03 i0N A.C. (over 1300 tons) 2].00 TON q.C. (900 to 1300 fans) 35.00 10N A.C. (500 to 900 tons) 45,00 TOn A.C. (uneer 500 tons) 60.00 S. F. R.C. (3^ thick) 0.55 $. F. Patti A.C. (LrencE) L75 _ S. F. 1' [hick A.C. overlay 0.70 fA. Adjust sewer manhole to grade 250,00 EA. Adjust sewer clean out [o grade 150.00 EA. qdj usi water valves to grade ]5.00 EA. Street lights 1000.00 1. F. Barricades (rote^s ec, f500 min) 1.00 L.f. 2 x 4^ redwood header 1,75 S. F. Removal 01 A.C. Pavement 0.35 L.F. Removal at P.C.C. curE 3.30 1. F. gemoval of A.L. berm 1.00 EA. Street signs 200.00 EA. qef lectors and posts 35,00 L.F. Concrete black wall 25,00 S. F, Retaining wall 20.00 4 L.F. [. M. P. Riser (24") 35.00 S-17i~5r L.Y. Concrete structures 425.00 LF, 1N" RCP (2000 DI 29.00 l.F. _~ 24" C.M.P. 30.00 S-iY6;6t1- - t. F. 36" R[P (2000 D) 49.00 L.f. OB" RCP (1200 0) 76,00 EA. Catch basin u 4• 2000,00 EA. Catch Eosin N • N' 2900.00 FA. Catch Eosin N 22' 4500. CA EA. Local depression 4' 500.00 EA. Lac el depressi an 12' 1000,00 fA. Junction structure 5000.00 EA, Outlet structure, Sfd !506 1500.00 FA. Outlet strpciure, 5[a Ai07 500.00 FA, Guard pasts 40.00 --- 1. F. Guard panel (wood) 25,00 l.F. Sawcut 2,W --"- EA. Headwall (40" wing) 4000.00 --- L.F. 0.edwao0 header 1.75 S. F. Landscaping d irrigation 2.75 -- L.f, Aall curE (P, C,C.) 7,50 3350 C.Y. Berm Construction for n•cil [i no Rosin 2.50 >9; "i~- ---~-- ENGINEERING INSPECTION FEE ~ 900.00 SUB TOTPL $15y0 0.00 •RESTORAiION/DEL INEAi ION CASH L000.00 CONi1NGENLY COSTS (20".) , 5 7 0 OEPOSIi (REFUNOAALE) FA RMFUL PERFOgMPNCf BOND (lW%) 10,0 MONUMENTAT ION SUAEIY (CASH) N/A LABOR AND MATERIAL BOND (50%) •Pursuant to Clty of Rantha Cucamn9a NuniciPal Code, Title I, Chapter 1.OB, a0optlny San hrnarDino County Cage Titles, Chapters I-S, a cash restoration/DelitDatlan Deposit shalt W ^ade prlw to Issuance of m Engineer ltg Canseruetlon Penal t. 0.<vised 3/BI y~ Bona N.r: 9i=z.95 Premiv.*.:S: Gi.oo • FAITHFUL PERFOR!IANCE BO'10 NHE4Ed$, the City Loun cil pf the 'i ;~' pf Aancbo Cuc anon=a, Slate of Cai i(prni a, and Terris Fines of Cali.oatua, a general mrtnership (M1er etn df :er dl5lgpdted d2 "pr'n[Ipdi"f pd/e xn;ere¢ int. dp agreement whet ebr principal agrees tp install and comolxt. ter; sin dezigna:ed pNblic imprpvenen a, wh: ph said agree~en :, dated 1gR and fdx ^.:: hed as project TR yspn_v .nt +'R v=9ad is Pere oy referee: :a and mdEe i par, nerxcf;tnc, NxEAEAS, Said principal is reouir¢C under ine :erns pf Sa `.C d preen en; to /urni2h a by r.C far the fai:nfvl per pr C.an ce at sal: sore ement. NON, iNE p.EFOAE, we the principal and ,r - :v=f -: - - ~=sue ai surety, are he id and firmly bound unc p~ the Cl~:y ,Ip: Rancnp Lucamon5a the re Snot ter called "[Sty^J, in the penal m pf Eijhteen itulw,d--__ onn38 Besides 18.000 lawru money o the Un1te0 Sa a s, for ae pd/men[ 0/ MhlCn ZYm well and Lr'aly tp b! mdde, we ¢ipd Opf20 iVt5, OUf heirs, tact of sort, lxe Caars and adm:nistratprs, jointly and severally, if rm ly Ey these presents. The condition of this obligation ii such ;ha: ff th? aJpve bouneed principal, his or its heirs, e2e ra tars, adavn'.s:•a art, successors pr assigns, shall in all things stand tp ant able hy, and well and truly keep and pe MOrn [he coven an a, cant ". ~~p^.s an: • provisions in the said dgreeT en[ and erg aster at:pn the reo( made as ther^in pro vlded, On hie or [heir part, LO be knt anE pert armed a[ the time antl in the manner [herein sp ecif led, antl in all re specs accoretng tp their it ue intent and mean:n;, a.r s hail inde'nnify and save harmless City, its Pffice~s, age vs an? employees, as therein stipulated, then this ool ;pa::;o sh@1i become null and void; ptherwise, it shalt be and remain in full force ana eft ec[. As a part of the a0ligation secured hereby anC in ad^: ;: pn [a the face dmou n[ sp¢cff led therefor, there shall be include] costs 1nC redSpn dtlit exp¢ne@5 dntl tees, inc lvd:ng reasonaSle a::prne y's fees, fncurred by [Sty in succe ssiuiiy enf Orcfng sY:h pt'Igd:bn, all to be taxed as costs and included in any juE gaen: renCxreC, The Surety hereby stipulates and agrees that no Chan-e txten zf On of time, el[¢ratf on or adds :ion CO tFe tlr TS a/ i.".! agreement or t0 the w0 rk to be periof me: thereunder or the speci- tacatlpns aeccmpanying the sane shall in anyw,se a/fett obligations on this bond, ana it Ooes hereby waive n0:ice o' art such change, extension of time, al ter a[lan or a0ditior. tp ' terms of the agreement or [o the work or tp the ipeciiicaa pn;. ^ IN W1iVE5S NHEAEBF, thh ins:rum¢nt has So e,r duly execs L: :+ [Ile principal and surety a0ove named, on ,;emertbe^ :6 188c , iEUfS HONES OF CALIFBANIA _ yam' =c -ggE•=gHCE CCvP„,y'; Sig :arel ~~~av jr~e~i~ ac.. -~ • PLEASE ATTACH PONEA OF ATTORNEY 70 All 80!IBS S IGtI ATURE$ MUST BE NOTAR IZEO yy C 1 Band No: 9:5225 PfC^1'1:.. 1nC1 1.1 'yer r0.^.:dnC' L npcn AnD ea; Ea inl~Ea amm • NHEdEAS, the City [punc+t o/ [he h:y of aanc no Cuc a.e cepa, ~ State of [al if Ornt a, and r..~i<W>ss fr'. t+f.,.,. i.. .vrA nnrtremsDip (he reina`:er designates as "pn pc :pay"f nzve xefi;zre: loco do dgre<men[ whereby pr+ncipal ig•ees tp ins:aii anE coop:?:! certain eesignaled pu Dlic imps veneccs, :rh vn sa +d =g r!teen: dated 14° en: i as vroiec: apt - is nxr cy re: !-r=: ;ay~n„ :.._ a par[ nereo:; anv uHE'.E AS, under the Cerms Of saiE sort<-en:, p-:~r,;ol ~s re <V irea b<fpre en:e^:ng aeon L.he pe'f;r^inte or thx wars, b file a 9ocd dn0 su(fsnxrt pay>e n: be^.: a::n Che 7icy :i da-;ra CuC am On^y3 [p se:u r>. t'na <I tt.9a :0 „h:C^ N°t^'nC? a m2pe Tf:1e lE i<pmae^.:ing ,a+:h Se ct .an 3Cc]; or par: n of ]r++i'~pn ~% of Che Civil Cea! pf th! Sta;! cf CiI r.'a rr.: !. N0'd, 7N E8 EF,R E, sa:E on ncipal znd [ne un;_rs arxE as a core ar tt? sur eCy, are beta hr-1y boc-~d unto :he C ; pf dar nn Luca.^..pn ga ar.p ail con :r ac tdrs, su [[onto [tors, ltba ro^; ma arialmen anE pt hxr Dvspns xmploYeE in the p<r are=^.ct pf " of presafE agre!men; ar.0 referr?E to in the sf pr4s r: ,pf Civil ?ro cadvre in the sus of ~ a.sa,d ~-00!100 Ooilars (S g.DDD 1. /or mat=.n a;s furn+sn do ar lapx :oerxpn pf any kind, or :pr am Una du! and<r the Untmpl0 ym<nt Ins'u ante >c: with resat:: Co such wars pr labor, [ha[ faad ;u re ;y wall pdy M4 same. in an amount opt eacee ling the amount hereto [Dove set forth, and dl s0 1n ees! sus: is Dr pugh2 open th+s DVnc ~i11 Day in aeditipn tp thx fact a'apcn: tnerecf, casts an d~ reaspnab'e espensxs and fees, including re tsopaDte as prney's fees, into read by City in successfully enf arc ing SutM1 ODliga::pn, to Y. aatrced and (iced by Che [cur:, anE to De taxed as toss and [p Oe• included in the ;cd yae nt [h er_tn re nEe r4 d. It is De -ety <xpr<sz1Y s[+pu L+.ed and agreed tha: :n:s Dc^~ iha17 inure tp the benef.[ Of any t^.d all person 5, ca'~=tn :e4 ant cprpprz:sans cools eE ;o fit= clti.as unE?~ iitie 15 (nr. aencinS with $ec;(an 7CE 2j of itr; a pf pivisan 3 of the Ci v~I Cc d4, sp a5 to give a riyc: pf ac t:cn :n tote or th4sr ass ~~cns fn my sv•t ErpuS.^.: upo r. ;Cts Dort. $N AUId the cpndt tf an of ibis Dorf bz ivl:y per`crrxl, than [his apitgt:aon snail become nail dnE vc'. t, otnz".n se [: Sh ell D° anE fE,.^d'~n In full fprC3 dnd eff?C:. Th4 surety hereby s;ipvla:4s anE aSr etz tnz[ na cDanS4 ex:enstpn of [lm e, al tx-rtion or aEE+::pn tp [ha terns of saiC agreement or the spec if is Y.iOns act o~apanyin3 the store shall in dny mE nner d(f tct its op7iyati0 ns or. this bone, and is Eoei her2- by waive no:ice of any such [bass e, extension, all er =t son or addi[ipn. IN NIT t1E $$ NX Ed ECF, this instrument has he_n du iy execu [ed Oy the printip dl ar,a Surety aDpve oases, On 198 5 ~' C FN IS HOMFx Dr alit :5 Q tpeval erl --T+ , ( iy aw rei ..N 'P Surety 1l `- ___ at :a me y-In-r ac .l paviE C. BaOfm' PLEASE Ai L1L i1 PO:EN OF ATT OR!q'/ 70 AlL 00'(05 S LGAATOR ES M05i BE NO T.3RI2E0 ,S~ ~ti ~. CITT Of RANCHO CUCAMONGA IN PRDVENENT AGREEMENT FOP PEDESTRIAN BRIDGE K NCA ALL MEN BY THESE P0.E SE YT S: That this agreement 15 made and entered into, in conformance with the prpvisi ohs of the GVDdIV is ion Map Ac[ pf the Stafe of (alilornta, and of the applfc able Ordinances of the City of Rancho Cucamonga, California, a municf Odl Corporation, by and betreen said City, hereinafter referred to as the Ci tl. and feuds dares of Glifotr:i.a, a general mrt h' hereinafter referred [o as the ~e velpper. 4ITNESSET H: THAT, NN EREAS, said Developer desires to develop certain real Orpperty in said City as shorn on the conditionally approved subdivision known as qti 1]5904 ~ and NHE4EAS, said City has established certain requirements to be met by said De velpper as prerequisite to approval of said tubdivisi on 9ener al ly located at the WZtlt Faat mrrer of Pwml;.,e a.ws urc, Aae N Op, THEREFORE, it 15 hereby agreed by said City and by said Developer ds Sol lorz: 1. The Developer hereby agrees [p construct at • Developers expense all improv emen [s described on Page fi here- o/ rithin twelve months from the eff ectlve tlat_ hereof. 2. This agreement shall he e(/ective pn the date of the resolution Of the Council of said Ci[y approving this agreement. This agreement shall 6e 1n def avlt On the day tpllor- Ing [De first anniversary date of said approval unless an ezten- sion of time nos Oeen granted by said City as hereindf ter provid- ed. 3. The Developer may request an extension of time to complete the terms hereof $u h r t h . c eques s all De subm fled Io the City in rri ti ng not less than 30 days De/ore [he ezp!ration date hereof, and shall contain a statement of circumstances necessitating [he extension of time. the City shall nave the right to review the prov islons of thli agreement, dncl uding the construction standards, coif estlmaf e, and improvement sec urtty, and [ o require adduct menu therefn if any substantial change has occurred during the term hereof, a. [f the Developer fails pr negiecfs t0 comply riM the provisions pf this agreement, Lhe City shall have the right t a any time [o cause said prpvi dons to be met by any idwf~l means, and thereupon recover from the Developer and/or Ms surety the full cost dnd ex0 ense incurred. 5. The De vl leper Shall provide metered rater Service to each l [ f o o sate deve loom ens in accordance with the regulations, schedules d , an fees of the Cucamonga Loun[y pater Otstr ict, 6. The Developer shall be re spans ible far replacement , relocation, or removal of any component p/ any Irrigation water system in conflict with construction of required improvements to the Satf Sf acLlOn Of the City Engineer dnd the Owner Of Such rater system, s -1- S ~'~ Tracts and Comm/Ind. D.M. 7. Improv ea encs rep~iretl tp be censcrvc!ed sha 11 conform to the Standard Drawings and Standard Specif icatipnT of the City, and to the Lmprovem ent plan apprpv e0 by and pn file in the v/f ice of the [icy Engineer. Said improvements are tabulated on the Lonit ruction and Bond Estimate, hereby incorporated on page 6 hereof, as [ak en from the improvement plans listed the repo Dy number. The Developer shall also he responsible fOr conitnx- tion of any transitions or other incidental work beyond [he tract boundaries as needed fOr safety and proper surface drainage. Errors pr vmmissions discovered during constr actin shall he cprrecteE upon [he tli rection of the City Engineer. Revised work dve tp said plan modific a:Ions mall be covered by [he prpvlsi pns of this agreement and seared Dy the surety coved ng the original planned wp rks. 8. Construction permits shall he ob[a5 ned by the Developer /rom the office of the Ci(y Engineer prior to start pf work; all regulations Itst ed iherepn shall De observed, with alten;ion given tv safety prose dare i, control p/ sus [, np: se, or other nuif once [o the area, and to proper notification of public utilities and City pep ar[men[s. Failure [o comply with [his sectl on shall be subject to the penalties provided therefor. 9. 7h< Developer shall De responsible tar removal of all loose racks and other de hr is from public rign is-pf-way within or adjoining said development resvl clog from wort relatfve (o slid develppm enc. 30. Rork done within eaisting streets shall De df ligently pursued to completion; the City shall have the right • to complete any and all work fn the event of unjustified de toy 1n completion, and to recover aIi cos[ and eaoense inru rree from the Developer and/pr his can trot for by any lawful means. ll. Said Oev eloper shall at all times foitowfng eeoica• ti on of the streets ono Basemen is in said subitlivi lion, vo to [he completion and acceptance of saftl work or improvement by Bald Lily Council, give gaotl and adepua[e warning to the [raveling public Of each and every dangerous cOnditi pn existent in said street or easement, and will protect the tr aveiing public fron such defective or dangerous conditions. Ontil [he completion of ail imDrovem en ts, herein incorporated on Page 6 to be perf armed, each of said streets oaf accepted as impr vv emen is shall be under the charge al said Developer. Salo Developer may close all or a portion of any street subject tp the conditions containetl 1n a temporary street closure perm:[, issued by the [i ty Engineer, whenever it is necessary to Orat ect the public during [he cons [ruction of Che improvements hereto agreed to be made. 12. parkway trees repaired to De planted shall De planted by the Developer after other improvement wp rk, graf~^; and clean uv has been cam0le tell, planting shall be done ss provided by Ordinance In accord ante with the planting diak•:^ approved by the City Community Development Oirec to r. The Developer shall be responsible for maintaining all trees Dl anted in good health until [Ile end o/ the guar an[eed maintenance period, or for one year after planting, whichever Is later. 13. The Developer is resoa nsf0le for meeting alt condf- • [ions established by the Lity pursuant [o the Subdivision _2. J 3. MaD Act, Ci[Y Ordiances, and this ogreemen[ for the level opm<n[, and for the maintenance of ell improvements constructed Hereunder until [Ae impr DVem ent is accepted for main Len ante by the City, and nD improvement security provided heroinwlH shall be released before such acceptance unless otherwise provides and au[hori zed by the City LgYDC ii Of the :icy. 14. ibis a9reem ent ,halt not terminate until the maintenance guarantee secure Cy hereinafter described has Seen released SY the City, or until a new agreement loge they wi [h the rlgUlrBd 1mprDVeOent SeCJrI[y hds tl can sUbmlt[ed LD [he -1ty by d SUC Ces50r t0 the herein named, and by resolution Df the City Council same has Seen accepted, and this agreement and the improvement security therefor has been relea5 ¢d. 15. the improvement sou ri ty [o be fern iS Fed by Che Oeve toper with Phis agreement shall consist of [ne following and shall be in a form acceptable Sy the City Attorney: A. To secure faithful performance pi this agree Went. 1. A bond or bonds by one or more duly authorized corporate sure( ies in the form and content specified by Government Code SectiDn 66499.1. 2. An Improvement Security Instrument in the form antl cD ntent Spec if led by the City Af [a rney. 3. A deposit with the Ci[y of money or negotiable DD Was of th¢ kind approved for securing deposits of public monies. B. To secure IaS Ore rs antl materialmen: 1. A Sand or bonds by one or more du !y authorized • pOrpprd[e Sur¢[ie2 in tSe Porn and content specified by Government Cade Sec[i an fi6499.1. 2. An Improvement Security Instrument in the farm and content spec if led by the City AttD~ney. 3. p deposit with City of mpnoy or ne?ntiabie Sands of the kind approved for securing [. A cash deposit with the City t0 guar an[ee payment Oy [he Oevelpper to [he engineer or surveyDr whose ce r[ificate appears upon the Final Naa for the setting of all boon dory, lot corner, and scree[ centerline mom umen[s and far furnishing centerline tie mates to the City. The amount of the deposit may be any amount certilied by the engineer or surveyor as acceptaSle payment in full; ar, it no value is submitted, the cash bona sh ail be as shorn on the Construction and Bond Estimate contained herein. Said cash deposit may be re/u nded as soon as prDC!- dure permits a/ter receipt py the Cf ty of the centerline tie notes and wri [ten assurance of payment in full /ram [he engineer or surveyor, D. The re qulred bonds and the princf Oa7 ono.^~~. ther¢O( are set forth on page 6 pf this agreeae~t. 16. The Developer warrants that the improvem,,.~s described in this agreement shall be free from de/e<ts In materials and workman snip. Any and all portions D/ the imor a~• men is found to be defective within dne (1) year follo~e ing tn¢ data on which the imp rovemen [s are accepted by the City shall b¢ repaired or replaced by Developer (ree of all charges to the Lily. ih¢ peve toper shall (urnizh a maintenance guarantee security In a sum equal to ten percent (IDA) pf the constr uctfDn -g. S~ estimate or 5200.00, whichever is greater, to secure the Lai [hiui performance Of pevelpper's oDliga[.v ns as described in this para- graph, The maintenance guarantee security shall also secure the faithful perfp rm once by the Oevetoper Of any obligation of the 6eveloper [o do specified work with respect t0 any Darkway mdinten dnc! dST eTTm ent dlStriC t. On [2 LAP imprnvCmin tS ildYe Deen act e0[ed and a matnten ante guarantee security has Deen accepted Oy the Cf ty, the ocher improvement security described in this agreement may De released provided that such release is ache rwize authors fed by the 5ubd ivi si0n Map act and any apOlicab le City Ordinance. 17, That [he Developer shall take pu: and maintain such public IiaDili ty and property da~age insurance as shall protect him and any contractor or subtoDtra<tOr per forming work covered by this agreement from claims far property damages which may arfse because of the nature a/ the work or from operations under thfs agr_em ent, whether such operations De by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persD ns, eveo through such damages De not causes Dy the negligence of the Developer or any con[rac for ar subcontractor or anyone employe0 Dy said persons. The public liabi city and property dam aqe insurance shalt ifst the City ds additonal insured apd directly protect the Ci[Y, its of /stirs, agents and employees, as well as Me Developer, his contractors and his Tubcmntrac to rs, and all insurance policies issued hereunder shalt so state, The minimum amounts of such ins urante shalt De as follOxs: A. Contractor's liability insurance providing bodily fnju ry or deaM liability limits o/ not less Ma 5700,000 for each person and SI,000,000 for each accident or occurrence, antl pro0 er!y dam aqe IiaDil- i[y Limits of not less than 4100,000 for each acci- dent or occurrence with an aggregate limit of 5250,000 for claims whfch may arfse from the opera- tions of the Oev eloper [n the performance of the work herefn prDUided. B. Automobile liability incur ince covering all vehicles used in the performance of this agreement providing bodily Injury liability limits of not less than 5200,000 for ea th person and 5700,000 /or each accident Or occurrence, and property damage Itabiltty limits of not tens than 550,000 for each accident ar occurrence, with an aggregate of not less than SI00,000 which may arise from the Opera- tions of the Developer pr his Contractor 1n performing the work provided far herein. IA, That Def ore the exec utipn of this agreement, the Oevetoper shall Zile with the Ci[y a certf /state or certificates of insurance covering the specified insurance. Each such certi/icdte shall Dedr an eDdOfTem enL precluding the cancellations, or reduction in coverage o/ any policy evid¢res Dy such cer[If irate, Def ore the expiratiDn of thirty (30j da7s after the Clty shall have received notification Dy registered mail from the inSVrdnte carrier. As evidence of understanding the provisions contained herein, and of Intent to comply with same, the Subdivider has submi tied the /ol7owing des<ri6ed Improvement security, and has affixed his signature her¢tD: •4- • sy FAITNF UL PERiOR MPNLE Type: Pn ncip al ama vnl: 35,500 Marne and address p( surety: MATERIAL AND Lp30R PAYMENT Type: principal amount 13,500 Name and address a! sure[-/: CASN DEPOSIT MONUNENTATION iyp e: Pr+ncipai Amo unt :N,/A Name and add resz of surety: MAINTE NAN[E GUARANTEE TYp e: Princip it Amount: Name and atld ress of surety: TO BE POSTED PRIDR TO ACCEPTANCE BY THE CITY RI WITYE SS NEaEDF, fne pa rii es hereto have taus ea these presents tp he duly executed and ackn p'aledged "f th all fprmalitfet required by ia" on the dajjjjjjes set forth opposite their • s i g n a t u r e s. 1EW13 HOM/ES~AIIFORNIA O ate 9-/995 by, Ai~E.t~(JSr Developer gnatu re llUTHpRRED AGENT RiCNA1.'D A LE./~ Pn n[EJ Date by ,Deve idper rgna[ure Ac ca pled: City pf Rancho Cucamonga, California A Municipal Corporation By: Na ypr __.... lams n/ M1rmnN.pl l SiaTF Oi CatlrOllNla IA i 1 I mcrvry OF SAN RERNpR OtNO } 55. ` II September 17, 1935 ' p„ ~ , aa,n me ,n<.Mrnle~N. r na.rv wel~. } ., rM la ..a m". pnwn"h .pprv^+ Ricn and A. Lervis Yro~n ra merv MrM rpnrlr el rM prrwrrap Nar nnrrcd rM nNin m,Wmmr.M..Im~MaA nme dn_M_nmrM rM Ume(e;MmMMII OI UidpmmmMq ud lMr u~a grunalrpxttuM n/wM • ( uITNFN IIW rM eln Iutl - i .I.rectz i`ss.. `~~_.~L~^._ pOHN ~~~ EDNA A. _.~a 1 -- Edna A, gobinton wmrirma a nMMI ~ r ~~ +i („~~ ~ "rt>m one . u.lnr 'SS ~ ml...."nM,..,~, En9ES1 ttty aE RAMCIIR N~~SjpN~ [NtINEE YFPNIt EEE 5C11EDNLE ENGROACIWENt _ .~ 0[i< fa[ Impr°"9-19'x', sx ! fee far Rate: eresce: 26-122- ~! lnctude curtede slb F 11e Pe MOTE: R°ea rml! ar Pweae^t W vrtlln9 a ` -.~~ Jntlt l1f ~- aavemeac n na¢iv el " C. ~ 5 q ,v. IZ o Remove exisein9 Rav emecc .~ c A lk c' 9 l 900 S.F. „ F. '~ r Consc[uc c[ucb 6 9v3 a+a [o ad'a aY E 5 4y 940 0 S. F• eo n5 ez ue B~9 eha an 111 ink 'aces lvn p l ' lace l...' S t~00 40 840 L•° _ ch in xll Instal ns 6 3/4"::36" la - ce7 ns[all 16' ..,- 9 X500 -- 1 ROC 92 _ ,y y e a I a gd r , Si001 ci YS ~- 4 EA~ Py ov e[ b[ Y5? c q: x0"x6 e ~a9 Z 56 E~•~ chain lv nk 1 14 e caissons 1 gA, co~c[e [ LvmP Su<n • $UB 101 nL u5n[Ct ION FEE 10U~ FnI tIV UL pF RF OnHANCE 160N0 s0A x ENnItiE[R 1'ir, I LAIWR ANO nnIE0.lAl 90N0 l .n OEPUS It I0.EO UNOn9EE1 N fn511 mm~nrtni nt lRM sutEfr lcnsnl ~~ d rode. t111e L Chapte~ She of Rancho tu<aana ier~ul 5 De uah reslOr nllonldellneat 9R •Pursuanl Ea Clb fhap Conslrucllon Permll. 9ernardlm CounlY Code Tlltes, bt made Dr IOr lP Issuance 9Y an Fn9l~erln9 _ ...d van ...f. ~ a. Band No: 9152285 ?: emium: Ei53.00 FAITHFUL PER FORM4 NCE 80:10 vNEpEAS, the City Councii of the City of Rancho [uc among a. St at¢ of California, and ItYRS HiTLS (F CALIIRANIA, a pMnrat ew rr ~.rmip (nereinaf ter designated as ^pr,nc:pal^1 nave enter eD fn[p an agr eem ens wher<Dy principal agrees to install and cpmplele certain designated pool is improve~enis. whi cH said agreemen :, dated 393 and iden:!fieC as Drpjac[ 0R 12 90- ii ne repy referre" LO and made a Dart nereor;anD, 4NEREAS, said principal is repaired under the terns a( saie agreement tp furn,Eh a band far the faithful pCforman<e of sold agreement. NON, THEREF OBE, we the pri n[ipai dnd CEVQ.OPERS INSURANCE CAP !tf ai surety, are held and firmly bound unto the sty or don coo Cucamonga (hereinafter called "h iy^), in the penal sum oftwmty- fise thaaassd tiv,c hutlcM v Dm OTTa rs 25.500.00 lawru money of [ne Unit<o Dates, for Cne paYm ent o/ wni cn Sum well and truly tp be made, Me bind purr elves, oaf heirs, successors, eaecv[ors and gamin istratprs, Saintly and s ev eratly, firmly by these presents. The [ands ti on Df this pp7igati0n 1s suCH that if the dbOVa bounden principal, his pr its heirs, execufOrs, admtnis:ratprs, successors or assigns, shail in all thsngs stand to and aD ide by, and well and [f my keep and pe rf arm the covenants, condi!i ons an; provisions in th¢ said agreement and any alteration thereof made as therein prav,de d, on his or [hart part, tp De kept ono - performed a[ the time ana in the nano er therein spec if iep, and fn ail respe RS dcror ding to tne~r true intent and meaning, an, shall soda nn ify and save Harmless City, its of ii cf rs, age n[s and employees, ai [Hereto stipulated, then this pbliga[ipn shah Decpme null and void; otherwise, it shalt De and remain in lull force ana effect. ' As a pare of the obliges:ipn secured hereby and in aCdi lion to the face amount specified therefor, [here shall De included costs one reason able <apen sex and fees, including re anon able at: orne y's lees, incurred by City 1n succetzful7y enforcing such obis gatfon, alt tD De taxed as costs and included 1n any judgment rendered. The surety hereby stfDu )ales and agrees [Hat na chance, eatensi on pi time, alteration or addition tp the terms o/ the agreement pr to the work to De performed thereunder or the speci- iications accompanying the same mall In anywise alfect its ---- aDlfgations on this band, and it does hereby waive notice of any __i--- sucn change, eatenstpn pf time, al reran on ar addition t0 [n¢ terms of the agreement or to the work or [p [A< iD ec stiles[ sans. IN NITNESS NHEREUF, this ins rumen[ has been duly executed by the principal ana surety above named, on y.,,.... iA 1981. iEw15 HOMES Oi LAL IFORNIA DEVELOPERS INSUflANCE COMPANY e ve ipD 1 Surety • ~~ _ Si natural AVTHONI2ED AGENT avSE 6~etanterrac :) - PLEASE PTTAUI DOOER OE ATT00.NEY TO ALl 801105 SIGH AiUR ES MUST bE NOIA0.IIEO S7 Bond No:9152285 Trem.Lmn: incl in Performance LA 002 ANO MA;ER 6LL YEA 0090 4HEpEAS, the City [punnl pf the City Of Aan enO [ucaao nga. rt ate Of Lai ifpMld, dn0 Iwwi Hrnes f I'f _~$fel par tplrinip )per!i0 of :er dlz ign ated as "pr ~~n<:pit"). nave tn:area iota un agreenen; wherepy principal agrees to inz:ali one conpix:x ee Rdin designated pu pl is impr yr events, vn;ch sdi0 agrele!n:, Oa ied 193 and iden[i'ieC at pra7ec: OP, 12 90-2 is n!r!$y rr-•red ;p and m:Ee a par: hlrep:; ono 4N E.p.EdS, under the terns Of said ogre!^ent, principal is rlapi red ptfarG ent!'tnp upon :hp per`p rna nce pV :p? work, tp file a good ana su /f icier: pay~!n: Sand ~wi [n Ci:y pf Na^ao Cuc2^pnoa to se:.rx tM1e cl arms t0 n:cn •!ntx is mace in Ti ae lS (cbmn enciny wi 61 Se;a cn 7Cd2; a,•'rpart Y Of Oivi S•. pn of [he Civil ;ape of the Sta:e df Calfforn:e. N08, THE.p EFGpE, said principal and (he undersign!d as a cordpra[a surety, dr? he !0 fin;iy b0 cod ur,:o :he City pf pa^crd LuEZnOn9a anE all ccn;r zc:prs, supcmn tr a;:Crs, Ia00 r?•;, ma:xr ialmen and o:hGr perzcns enatoyed in the pe rf 0 n-zr.ce of : d`oresaid agree:!n: ar,c referred to in the afo rosdia Cp Ce of Civil pr ace dare in :he sun of ~beltx ttsp~~±ftve t~°°1^=i---oyloo Dolls ri 1312.500 ), for ma[•_na[s fu rnisnad or iaoar tnereon of eny kind, Or lOr am0un;s Oue unEer the GnenD loym!nt Insurance Act with respect to such wor'a or labor, that said sv re:y vill pay the fdme in de dmpun: Odt eacGe Sing the amount nGreipdpovG SGC fOf Vl, and also 1n case sui: is brOV9ht upon Chit bond will pay In dddl(tOn CO th? fdf2 dm0ap[ tn¢!Gpf, COS LS aOd reL50n2p1e GS'M ens ei dnd (G@5, InCludlOy rGaipndble e[[prnpJ'i f!e s, incurred by City in to c:Gis(u lly enforcing such abliga;i0n, t0 De av er d?! and lined by the cou^:, one to be rased as tests ana to De • included in the juCgment tperein rendered. It 15 lie reby expressly siiputat!d and agreed [ha: :M1 is hood Shall inure to [he b!nef ii of any and alt persCns, cbmcan fez and wnor a;ions en;i(led to file claims and°r titre 15 Ir.-e!nci r,g wi[n SeC;IOn 7032) of par: 4 pf Divisan 3 of the Civil Cade, so ai t0 give a rigne of ecii0n to them or their assigns in any svi: pro uyht upon [nit bona. Should th< condf (ion pf this bOnC be fully perfCr-red, then this Obliga(ion shall become null and voSC, ptAer,rise ft shall be and remain fn full /orce anC effect. The surety hereby stipu fates and agrees to at no mange, ea:ensign of time, otter orlon pr adtlf ti0n to the terns o/ said agreement or the spec if (can Ons accdmaanying the same Shall fn any manner affect its abligatfpns on this bane, and it does herx- Dy wet ve notice 01 any sucn coon ge, extensfon, alteration Or ado itipn, _ ~ ~ I IN NITHES$ 4HEN:OF, this instrvn ent has peon du)y executed :- !he DH ncipal antl aur!ty epave na^ed, on q.-m ..A 198 5 LEN I$ NOMfS OF CAL IFO ~ IA QEYEEJ?ERs iN3URANLE CCMPAKI' Ueveiop r are ty) ~, _ Sign vrelA NORIZED AGENT ALarney.in-r act+ 0dvad L. danfer PLEASE A7TAC11 PO'J ER Of hTi OA9[4 i0 ALL 00pD$ SIGiIATDHEl MOST BE HOTApIZEp SS CITY GF RANCHG CUCAMONGA INP0.0VENENi AGREEMENT FOR PEGESTR IAN BRIDGE 1R 12119 NN D'd ALL MEN BY iNESE PRE $ENiS: chat this agreement fi mad! and ente rid int 0, in conf organ ce vith [he provisions of [he Subdivision Nap Act of [he Stat¢ of Cdiiforn ia, dnd o/ the a ppl icdDle Ordinances of [he City of Ran[ho Cucamonga, California, a municipal corporation, Dy and Oetveen said City, here in a/ten referr ¢d to as ~he City, and Ievis lMes of Califonvia, a generall partners lp nerelog ter referree to az the Ire v=ipp er, Mi TNESSEiN: THAI, RHEREAS, slid Oeve'.oper d¢si rel to tle velpp cent din real property in said City d1 ihpHn on the condition dliy dppro'+ed subdivision knpvn as Tai 12319 and NNER EdS, said Ci [y haf eitabl fished certain requtrem ents to De met Dy said Developer as prerequisite to approval o/ said f ubdi vist On generally located N10I m Naxline east of eatws Ame. NON, THEREFORE, it is hereby agreed by said City and by Shcd DBVe taper d1 folio:, s: 1. The Developer hereby agrees [o cans truct at Devel pper't ex Dense ail fmprovements described on page 6 here- . pf ei thin tae five moo MS tram the effective date hereof. 2. This agreement shall be eff ec[ive on the date of the resolution of the Council of safd City app roving this agreem en [. 7hfs agreement shall be In def gait gn the day follow- ing the fl rs[ anniversary date of said approval ante ss an ex[en- ston of time has been granted by said City as hereinafter proviC- <tl. 3. The De ve toper may request an extens ipn o/ tfine tg comPle to the terms hereof, Such request shall OB submf tttd to the City in eriting not less than 30 days De/pre the expiration date herep(, and shall contain a statement of circumstances necessitating the eaten lion of time. The City shalt have the rignt to review the provisions o1 this agreemen!, including toe cp nitr vctf on standards, cost estimate, and imps v!ment security, and to require adj psfinents therein if any fpbitant sal Change has occurred During the term hereof, 4. If the 0¢velpper fails or neglects to coop tY vith [he provisions of this agr dement, the City shall have the rigs[ at any time to cause sale prpvi signs to be me[ by any Iawf ,'~ means, and the reupan recover iron [he Developer and/or his sure ;~ the Lull cost and expense incurred. 5. the Developer shall provide metered uaf er servic¢ tp each lot of said development In actor don ce Ni to the regulations, schedules, and feet of Me Cuc a.monga County Hat!r District, 6. The Developer shall be resp opsib le for replacement, relpcation, or removal of any cdmpo nent o1 any irrf gation water s yi t!m in ca nPlict Nith construction a/ required Improvemen [s tp the satisfaction p/ the City Engineer and the oNner o/ such eater sys [e m, -l- .S 9 Tracts and Come/Ind. D.N. 7, Improv e~nentt re guar?d [o De constructed shall roof orm to [he SCand and Drawings and Stan dare Spec i/ic ati0nt of [he City, and to the ImDr wemen; Plan apD roved by and on file in [he office of the Lity En ginee•. Safd imDrovemen[s are tabulated on the Construction and Bond Es[imat?, hereby incorporated on page fi her epf, as taken from Che improvement plans listed thereon by number. the Developer shall also De responsible for cons[ruc- [ion of any tr an5ition2 or other incidental work beyond the tract bounder set as needed for safety ana proper surface drainage. Errors or ommi ssians discovered during eon itruttin shall be <prrec red upon the direction of [he h [y Engin?er. Revised work due [o said p Ln modifications Shall De covered by the prpvisi ohs pf this agreement and secured Dy the surety covering [he orfginal planned works. B. Construction permits shall De obtained Dy the Dev <lpper from the office of the City Engineer prior to start of Bark; ali regulations tis!ed thereon shalt De observed, with atten[ton given to safety Orpcedu res, control of Oust, npise, or other nuisance tp the area, and tp prppe• notification of Public utilities and City Departments. failure to comply with this 5<citon shad be subject to the pen altief prpvided the re(or, 9. The Develoo er shall De responsible for removal of all loose rocks and other debris from pubiic rfgnts-df-way within or adjoining Said develppmen[ resulting from work rel a:ive tp said development. 10. cork done wf thin existing Streets shall De diligently pursued to <pmple[lon; the City shall have the Hgnt to complete any and all work In the event of unjustified delay in • completion, antl to r<COVer all Cost and expense into rrpd from [h2 Developer and/or his contractor by any lawful means. ll. Said Developer shall at all times follp'n ing dedica• Lion pi the Streets and Basemen [s in said su bidivision, up [o the completion and acceptance of said work nr fmprpvement by said City Council, give good and ode pu ate warning to [he traveling public of each and every dangerous condition existent in said 5fr ee! or easement, and will protect the traveling public frog s ucn delec[ive or dangerous condi[lpns. Unfit the completion of all improvements, hereto incorporated on Page 6 to De performed, each o+ Said streets opt a<ce pled as lmprovem Bois shall be under the charge of said Deveioper. Said Developer may close all or a por[ipn of any street subject to the <OndiC70nf COOtdlned In a t¢mpOrary Str¢2[ ClOfur< permit 15s'J2d , by the Ci[y Engf veer, whenever it i5 necessary to protect [ne public during the epnsiruc [ion of [he impr ovemenis herein agreed to be maa e, lt. Parkway trees repui red to be planted shall De pian[ed by the Develpper after other Improvement work, grading and cleanu0 has been cpm0le [ed, Planting shall be done of prp vided Dy Drtlinance in accordance with Me planting diagram approved by the City Community Development Ofrecf or, The Developer shaft be responsible for maintaining all trees planted in good health until [he end of the guaranteed maintenance period, or far one year after planting, whichever is later. 1). The Develpper is resDOnsibl? for meetfng all condi- tions established by [he Cily pursuant to the Subdivision • -t- ~O C~ Yap Act, City Ordtances, and rots agreement for th¢ development, and /pr the maintenance D/ all imprpvemen(5 <onstr acted t hpreuOdGf until [he improvement iS dtCepted for mdlnLCndO[e by [he City, and no improvement zeCVn ty prDVided nerei nwith sA all be released before such acceptance unless otherwise provided and autnorixed by the City Council of the Ci [y. ]d, This agreement ih a;l not terminate until the mat of coon Ce quar ant ee security hereinafter described has been released by the City, dr until a new agreement together with the reQulYed im]r0V2ment SGtUrtty has hG?~ SubGi[[ed in Cne City by i succesipr to the herein Da.m ea, and by r¢solut~Dn of Cne City Cauncit same has been acceptee, and this an reeme nt and (he improvement security there/or has been released. S5. The improvement securi [y [o he fvrnis bed by the 0<ve toper with this ogreem en: shall consist pf the following dnd shall be in a form acceptable by tn¢ City Attorney: A. io secure fat ihful perfo ra ante of this agreement. I. A bontl or bonds by One or more duly aU thDrized corporate sureli es in the fora and content specified by 00 vernment [Doe Section 66a 99. 1. 2. An Improvement Sec uriCy Ins trunen[ in the form and content specs( sea by the City Attorney. J. A deposit with [he City of money Or ne 9of table bonds of the kind aDpr oved /or securing deODSits of public monies. D. To zecure laborers and mat erialmen; 1. A bond or bonds by one Or more tluly au [horized • corporate sureties 1n the form and content specified by Ga ve rnment Code Section 6fi 399.3. 2. An ImorOVement Se cu•i ty Instrument in [he lore and cdnten[ Specified by the Ci[y Attorney. 3. 0. deposit with City of money or negotiable bonds Of the kind approved far securing C. 4 cash de post[ with fhe City to guarantee payment py [he OevelODer to the engineer or Surveyor whose certificate appears upon the FIna1 Map for the setting of ail bound dry, Inc corner, and street centertfne monuments and for furnishing centerline C e notes to the Ci[y. The amount of the Oe ppsit may be any amount certified by The engineer pr surveyor d5 ac<e0[ahle payment in (uli; or, if np Value ii submitted, the ca Sh band Shall be as shown an the Cpnstr ucti0n and Bond Estimate contained heref n. Sato cash deposit may be re/unwed as soon aS proce- dure Dermits alter rece ip[ by the City of the centerline tie notes and written assurance Of paym enL in full /ran [he engineer or surveyor, D, TAe reQUired bands and the Drincipal amounts thereat are set Porto on page fi of this agreement. 16. The Developer Warrants chat the Improvements described in this agreement shall be (Yee /rOm d<t GC is in maters als and wOrtm anship. Any and all portions o/ the improve- ments found tp be defective Within one (l) year follow ing fhe Oata on Which the improvements are accented by the City shall be repaired or rep7iced by OevGioper (ree o/ all charges to the City. The Oeve layer shall /urni;h a maintenance guar an[ee security in a sum egu al to ten percent (10%) of the constr ucfion -3- estimate or 3200.00, whichever is greater, to secure the fai [h/ul performance a/ hevelOper's obligations as described in this para- graph. The maintenance guarantee security shall olio secure [he lai [hful performance by [he 7ev elpp er 0/ any obligation of the Oev el oiler [p do sped /ietl work with res0 ec[ [o any parkway mdlntCn dOCe a55255ment d15tY 1C [. DO CC [he imprpV <me0 ti have Deen accepted and a maintenance guarantee security nos Deen accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise au Chori ted by the $uDdivi lion Map Act and any app7icaDie City Ordinance. 17. That [Te Developer shall take out and maintain such public liability an0 property damage insurance az shall protect him and any contractor or subcontractor performing work cover ea by this ogreement from claims for pr ooerty damages which may arise because Of the natere of the work Or from opera [ions under tnii agr_em ent, whether such operations he by himself or Dy any con[r ac[Or or subcontractor, or anyone directly ar indirectly employed by said persons, even though such Damages be not caused by the negligence of the Oevel oiler or any con trot [or or subcontractor or anyone employed by Said DersOns. The pO011c liaDiti[y and property Damage insurance shalt 71st the City ai additonal iniu red and directly prpcecl [he City, its officers, agents dad lmp10 Y<ea, as well dt the OevelOper, his COntr aC[or3 and his subcpn[rac[prs, and all Insurance policies issued hereunder shall so state. The minimum dm0unts of such insurance shall be as tOllOas: A. Contractor's liability insurance providing bodily • injury or death liabf 7l ty Isms is of not le sz tha 5700,000 for eech person and 31,000,000 for each accident or occurrence, antl property damage liabil- ity limits of not less than 3100,000 for each acci- dent or occurrence with an aggregate limit of 3250,000 for claims which may arise from the opera- tions Of the OevelOper in the performance Of the Work herein prOVftled. 8. Automobile liability Insurance covering all vehicles used in the per /prman ce of tots agreement providing bodily injury liability limf [s a( no[ 1e 53 than 3200,000 for each person and 5300,000 /or each attident or occurrence, antl pro per [y damage (lability limits o/ not less than 530,000 for each accident or octu rr ence, with an aggregate O/ not less than 3100,000 which may arfse from the Opera- tions o/ the Developer Or his Contractor in performing the wO rk provided for herein. IB. ThaG Def Ore the execution o1 this agreement, th•~ O eveloper shall file of to the City a certificate or cer[ificat~~. of insurance covering the specified insurance. Each su:-- cer[ificate 5ha1L Oear an ends rsement precluding [~~• cancellations, or reductl on in coverage of any pnllcy ev idencv~~ by such to rtific ate, belare the eaDiration a1 thirty (30) Oay~. after the [tty shall have received nOtif lc atiOn by registered mail from the insurance carrier, A5 evidence of understanding the pr OVi siOns contained herein, and of intent tp •cpmpiy with same, the Su bdfvider has Submitted the following des crf bed Improvement security, and Aas affixed hfs signature hereto: . -A- ~od FAlTNF UL PERFORMANCE Type; Prl rcip sl Ara unt: 2B r500 name and address o/ surety: MATERIAL ANO LABOR PAYMENT Type: Pri nc:pal Amount: 30,000 Ndme dnd dddr¢55 'Jf Suf¢ty: CASH DEPOSIT MO HUMENTAT ION type: PrinN pal dme unt: N/A Name and address of su re [y: NA INTENANCE GOAR ANTEE Type: Principal Ama unt: Name and address of surety: TO BE POSTED PRIOR TO A[LEP TANCE BY THE CITY IN 'HIiNE SS HEREOF, [he parties he<etn nave caused these presents [o be duly execuCed and ackn pnledg eC with alI formalities re purred Ey law on the Cates set for[n oDDOSr[e Meir • signatures. LEWjS NOMES OF IFORNIA o ate 9-r 0- Y.~ by ~ A ~ -- UTNOR@EO AGFNa0eveloper 519 a[ur¢ Qit.<Ilhi Tl A LE...S E.P r : na//c~~ Oate by ~L..! lA /. ~ ,0=velpp er 5- jyn~u re A<ce pted; Ctty of Rancho Cucamonga, Cali Pornta A Mun ictpal Lo rp oratfpn gy; Ma ynr IAmrrM PnrnenM1•pl S IA if. Op ULIfOai\'IA ~ COUNTY 9P__SPN_@E?NARD(NO__ Sf } i September 17, 1905 _ ~_ }rr, .M mr r.re ,rn<. xrwrr.ur ,ppnN , hlun m< mr ..atn,+,a, . smm wax, Richard A. Lents arw.nw wbrnt.amnrlNmt p.rwmrrP ~ rror t.w.rN rw<.,mm mrwmm,we wknu.iNaN mart • aur_-M nm,N rM wmt lrr rna m adrll n l uia p.nnenArpW NU Urd p<Mmlr rP bewrN rFe wrte • C vITNl55 M d.M OfLn Irbl 'a ~'~ / f 'r . FONA A ROF~NSON u Eana A, Robinson N,INr wr<mmoa•o. na~n.x Ntrru ITrpM m /rrutal /3 m,...wnwr w...rr.n _EnYESt ctir oK pAxcxo cucAXOxw • ENGIXEEpIX6 OIYISION FNC0.0ACNIEXT PEXXEE iEE SCHE[pILE for Improvement: TRACE NO 12]19 Pedestrian B[id Se Oste: B-19-fly om0u a y; aes as FI1e ATence: 1x6-73]-S% Clty Or sw ing o. MOTE: Ooes m! Include current lee for Nrltin9 Detitt or pareuent deposits OUANTIiY UNIT ITEM PRICE PMOUNi 900 S. F. Remove a%isti ng A.C. Pavement 010 S. F. Construct A.C. Pavement (2" on native 966 B.F. Construct 6' Sidewalk Lnmo <_cm 5 5,000.00 000 S. F. Co ng [Cott gravel made ay 275 L.F. Install 6' chain link fence ~ $ ]. "!00.00 1 EA. Install 16' chain link Sates 2 EA. Laminated beams 6 ]/4"% 36'%35` (in place)- -~ S 1,000.00 56 EA. 1"%B"xb• lumber (in plate) - -- ~ 5 2,500.00 1 EA. Chain link cage over bridge (vinyl) -~-~ 5 3,500.00 Lump Sum Concrete caissons I1< cY in place p5500/cyl__ 5 7,000.00 ENGI NE FR IN6 INSnEEryON rFE ~,70T SUB TOTAL 5 25,T •R ESTORAI ION /O[L Ixf AT10N CASH 0~ R1~ CONTIXGFNCY COSTS 110x1 _ OE POSIT IREFUMDABtFI iAITNFUI PERFORMANCE BOND (IOOF) 20,SOn. HONUNENTAi ION SURETY (CASH) ,1p_ LABOR ANO WIT FAIRE BONG (SO{) - f/.000.00 aPursuant to [I!y a/ ppncho CuctAwnEA Mon lc lpa] Code, TINe I, [hApler E,OB, daftLq San Berntrdl:w County [ode ilt les, Cheplers 1.5, a usA restorptlon/delim'ttlon depot)! thdl M ~Ade Drlor to IssuAnce ~~ Engineer ing Construcllon PerpNt, ~~. Bend No: 9152265 Preniu n:'A71. C0 • FpITI1F UI PERFOR lIA OCE GG;10 VNEYEn S, Che City Lo until of ;M1e City of Ran oho C;c amonga, State pf California, and m,.;=rv.me p~^s n>-a w.,l V..a„ws hip (her eln of ter design at e0 as ^prlnclpa r'I aye antes?p ln[o an aqr Bement vhe rohy principal agrees to install and comp Lie certain designated public im prcve~¢n a, vh1cM1 said agreement, dated 199 and idertif ietl as prc lec: 1'R is ne^=_cy referred [a and mad= z par: nerecf;ano, VNEREAS, said prfncipal is re ou ved under the terns o/ safd a green e.a: to /u rnish a bond for the faltM1ful Derfprm once of slid agreement. NO'.a, THEREFORE, ve th¢ print;pal and OEVELGPEflS INSVAANCE CCM?ANY as surety, are ne id and firmly Sound unto [h¢ C1 ty u: pan 0.o C uc amon ea ;hereinafter called "City"~, in the penal sum of RMenty- eighc idluasand fivz h,vtltei -pp/lOmoltars IS,jB Snh ) lavrul mangy of ine Unl [ac Sates, for the paym!n[ of rlntcn Sum M111 dnd truly to b¢ it dde. Ne hind Ours2!ves• Our Ilelri, fUCCO$f Or S, eA2CYtOrs and ddlA :n i$trd [Of S, jofgt ty dnd severalty, lirmly by Ch ese presents. The condi ;ion of this obi igation is such that i( the above b0'Jn ded pf lnC iptl, hti Or its Ilel rf, eCec JtOr s, ddml'I's :f atOfs, successors or assigns, shall in ali things stand to and abide hy, • and yell and tfu:y keep and pe Mora Che covenants, Lana ~.tions and provisions in the idid agree Went antl any alter ati0n [he roof made as therein pr o~n ded, on his or their part, to h6 ke p[ and perf armed a[ [M1e time and in th¢ manner therein specified, and in ail sestet ;; according to their true intent and me anln g, and shall inde-,nify and save harmless Ci[y, its officers, agents antl employ°^_s, as therein ztiDUlatetl, then this obligY. ion shall be ame null and void; oche rnise, it shall be and remain in full force and eff ec :. As a part of [he obligation secured hereby and in addition to the face asount specified therefor, [here shall be {ncludea costs and reason aSle expenses antl fees, including re dsonable at:orne y's fees, incurred by City 7n successfully enforcing such obligation, ail to he taxed as costs and Included in any judgment rendered. The surety hereby stipulates and ag re.s that no change, extension of time, al ter atian or addition to the terms of the agreement or [o the vork to he performed thereunder or the speci- fications accompanying the same shalt in an yvise affect its Obligations an this bone, and I[ tloes hereby naive notice of any such eh ange, extension of efine, alteration or addition to the terms of the agreement or to [M1e work or tp [he specific atipns. IN NI'NEiS NN EAE GF, th+s instrument has been duly executed by the principal dnd Surety above named, On sw ocwmnrw 16 199, 'RB NaffS Cf CAGIFtfttds neVCl rle e ••~n v evelpD Surety O ~ R 7J Sig tore) A::J rney-ln-fact IWtt~'Cl2Ht P/f91t Ga Vld L. B3n(er PLEASE PTTACII POWER GF ATTUR:I ET TO hLl BG;IGS 51 GIIA TURES MU57 BE NO LIR IZEO ~~ Bona 70:9152265 Premcum: inol in perfrnman~ L RDOR At10 MITER LILHE:1 g-DD NH E.R Ed S, [he City Councai of the City of flan cna CucanOCUS, State of Cal ~f prni a, an0 r..,s. ~ssaof ,6CO;j,a, r+1 n ...hip (he reins R ¢r desl9na Led as 'pr :nc all"1 nave en a%=: inta~ an agreem en[ whe r¢by principal agr.es to fns[aii anc cCVple:a certain deii9nlted pvbl .C inprOVeasn:;, nMi;a said aq reed?•,;. dated 19: and ice ntr ~ad es p.O;¢ct 1n 13319 is nerzDy re~zrr ee :a anc .x as a part nereo:; anc NHERE AS, under Me tens Pf said a?^ee ^e~' pr nc.aal is reoulr¢d Defare enca ^:ny upaa :he perfar-xn ce p+ the vora, ;0 file d 9ocd an0 suff :ca an: pa; n¢n: DtpC v.;b ; ) of Alr c,^.a CUC_~OCda CO Sa;Cf' th^ Cllt-,5 [0 Nht Ctl - ~it .nace In Ti;le Li (toss enci ng .ri ;h Sec:'~pn ;CSI) Of^?ar;~:^of ]fviii av 3 of the Civil Cace o/ tnz Stl:z pf Cal ifs rn'. a. ND9, THE?.;fOiE, said prin:iaai ana Che un]ers:gn'.d as a ea rparate Surety, are held firmly bo C.+tl unto t i=1 +` Ran:'o Cuc Omanga and alt ccr.;r ec to r„ su tc an trac[p^:, labs re-s, ma arialmen and O;her pero ms am to yed in tha PerYprmn ca of :be of Ares aid afire=-ent and referred to in [he if Or=.s a~; Ccoe 0` Civil ?raczdure in the Sa:. o4, 'Ealrceen rleuaand ---ap/loD Dollars (5 U.0D0 ), for ma[anatt furni s.:aa Or lapar ;nz reon df any ti nd, or tar a.nounfs doe under the Unema loya z.^.: In s~r ante ict with resp4c: [0 such work ar lap0 r, that said sur¢:y will pay :he Sd'IE f0 dh dflC'J n; 00t ex tee dins ;ne dmCUnt Def eleaOJVC Set (C ri 1, dr.tl d150 In Cd5_ SUit IS br CJght UPnn Lh15 DC na vill pdy lfl dG JltiCn LO the fdt2 dmOGn: LhereCf, COS 25 dnd reLSCr. i'J 12 ex: snsei and fees, inJ udi ng reasonaD a aCOrn ey': fees` in c:r!ed by City in su r. assf ullY enf Or c;ng such obliga;!on, tp .s av.ard¢d . and Iixad by tr.e tour:. and ;o be taxed as sass and to be inc!OEed in fhe ;uCg Went Cher_in rendered. It is herepy expr¢ss ly stipulit3d and ay reed that :his DO nd shall Inure t0 the benef tt of an/ and all persons, co r.,o anies and cOrperaa ans en;:aed tp file chins under Title l5 (cc a„v encing with Seca on 30521 of Par: 4 of Divizon 3 Of the Civ t1 Code, t0 as t0 give a Wont of action to then Or the v as;i ins In any tui; br0 ugnt upon tha bond. Should the cpnditicn pf this bocd be fully perf0 rnaa, then this oDliga:ion shall Decame null and veld, och e!vvise it shall De and rema~r. in full fof ce and effec :. the sur e[y hersby s:fPu later and agre¢s [h a; no ch an9¢, es:¢n Lion pf tf me, after of ipn dr addicicn to the terms of zaiC agreement pr th¢ specifications ac<o.aaanying Me same sna 11 in any manner of feci its oDiiga[ions on [his OOnd, and it does here- by waive notice o/ any such change, extension, alt er anon or I adds tfdn. -. --`- 1 iN NI7NE55 4H EgE0 F, this instrument hdS bean duty executed Dy the pr{ncipal and surety above named, on 4.ntember 16 198 5 [}piIS H~T¢S (F tALtFORJiA '~ oe.ei a i ig tore) Puthuriaed blast DEVEIAPERS SNSURAYCE CAMPANY Surety) Davl dr L~ Wn7er ~`~l • PLEAlE ATTA CII PONEN OF ATT17q !I F.Y TO All QD;iDS SIGN AT U2 E5 NUSi BE HO LIR I2ED 66 RESOLUTION N0. E1'8~9~O6R" SS -a.'7S~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT gGREEMENT, IMPROVEMENT SECURITY, MAINTENANCE AGREEMENT AND FINAL MAP OF TRACT N0. 12590 WHEREAS, the Tentative Map of Tract No. 12590, consisting of 215 lots, submitted by Lewis Homes of California, Subdivider, located east of Haven Avenue, north of Base Line Road has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said Lity; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. 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, subfect to approval as to form and content thereof 6y the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 2nd day of October, 1985. AYES: NOES: ABSENT: on .Mike s, ayor 67 RESOLUTION N0.-E~B~9Y-OBR B~ "d~~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR OESILTING BASINS FOR TRACT 12590-3 AND 12590-4 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on 19*, by Lewis Hanes of California, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Haven Avenue, north and south of Base Line Road; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Tract 12590 an6 WHEREAS, said Improvement Agreement fs secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of • Rancho Cucamonga, California, that said Improvement 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 2nd day of October, 1985. AYES: NOES: ABSENT: on i e s, ayor RTTEST: Beverly A. Authelet, City C erk • ~8 RESOLUTION N0. ~0-9f49R 8S "~~L R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT RGREEMENT AND IMPROVEMENT SECURITY FOR PEDESTRIAN BRIDGES FOR TRACTS 12319 AND 12590-2 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on 19*, by Lewis Hanes of California, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Haven Avenue, north and south of Base Line; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to he done in conjunction with the development of said real property as referred to Planning Commission, Tracts 12590 and 12319; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Rgreement 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 2nd day of October, 1985. AYES: NOES: ABSENT: on i e s, Mayor ATTEST: every A. Authe et, tty er {' L 69 CITY OF RANCHO CliCAb10NGA ci~",No STAFF REPORT ~~ "; ~~~~, x r I ~ ii i ~~ 'z DATE: October 2, 1985 ,y;; T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 8Y: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract 12833 located between Rochester and Et iwanda Rvenues, north of Base Line Road submitted by The William Lyon Company. Tract 12833 was approved by the Planning Commission on February 13, 1985, for the division of 14.7 acres into 117 lots/parcels in the Low Medium Development District located between Rochester and Etiwanda Rvenues, north of Base Line. The Developer, The William Lyon Company, is submitting an agreement and security to guarantee the construction of the aff-site improvements in the following amounts: • Faithful Performance Bond; E649,360.00 Labor and Material Bond: E324,680.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Mater District. C.C. & R.s have also been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract 12833 ,accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respe/ctfully submit/fed, ~ Attachments 70 CITT OF RANCHO CUCAMONGA IMPROVEMENT .LG0.EENENT FOR TRACT N0. 12073 KN 0'a ALL MEN BY THESE P0.ESENTS: That this agreement it made and entered into, in conformance with the provisions of the Su odivi lion MaD Act of the State of California, and of the applicaEle Ordinances of the Cify pf Rancho Cut amongd, California, a municipal corporation, by antl between said City, hereinafter referred to as the htyh eredinaht er ire er red rho as the eve over. N ITNESSE TH; NHEREAS, said Developer desires to de velo0 certain THAT , real property in said City as shown on the conditionally soar o•red suhdiv is ion known as Tract No. 12837; and said [Ity Aas established cert aln requirements NHEREAS , s ro e o i D lo y and Avenue ROChest er betw e lo<al ed gene ally Subdivis ioa E[iwanda Avenue. NON, THEREFORE, it is heresy agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to cp nsf ruct at Oevel oper's expense all imprdv ementi described on page 6 here- • of within twelve months from the effective date hereof. Thit agreement shalt he eitec[ive on the date of [he 2 . resolution of the Council of said City approving this agreement, This agreement shall be In default on the day Iollow- ing the first anniversary date of said approval unless an exten- sion of time has been granted Cy said City as hereinafter prgvid- ed. The Developer may request an extension of time to 7 . complete the terms hereof. Sucn request shall be suhmiited to Lhe City to wrf tang not less than )0 days he/are the expiration and shall contain a statement o1 circumstances date hereof , neceisiLating the extension of time, The City shall have the right to review the provisions of [his agreement, 'i nctuding [he i ty, cons[ ruction it and ards, cost estimate, and impr pvement secur and to require ad)uttments therein if any substantial change has occurred during the term hereol. If the Oeve toper falls ar neglects to comply wf [h 4 . the Draviilons of th5i agreement, the Lity shall Nave the right at any time to cause said provisions to be met by any tawiul med05, a0d th lr¢pDpn re[OVef from the Developer and/or Nis surety the full cast and expense Incurred, The Developer shall provide metered water service to 5 . each lot o/ said Oevelopm ¢nt in accordance with the regu tattoos, schedules, and lees of the Cucamonga County Hater District. 6. The Developer shall be responsible for raDlacemen t, relocation, or rempvat of any component of any IrN ga[tan water system 1n cant iict with construccfon of required lm pravements to [he sat is/action of the Cfty Engineer and the owner of such water system. -1- 7~ 7. Imp roveaents required to be tonstruc ted shall conform to the Standard Drawings and Standard Sp<cif i<ations of the City, and to the Impr ovem en[ Plan approved by and on file in the of/ice of the City Engineer. Said improvements are tabulated an roe Cons tructl on and Bond Estimate, hereby incprp orated on page 6 hereof, as taken /rom the improvement plans listed th cress by number. The Developer shall also be responsible for Construc- tion of any transitions or other incidental work beyond the tract Ooundarfes as needed Por safety and proper surface dra(nage. Errors or omm its Ions discov eyed during cans iruc tin shall be corrected upon the direction of the City Engineer. gerised work due fo said plan modifications shall be covered by the provisions of this agreement and secured by Ghe surety covering the original planned works. 8. 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 De observed, with att cotton given Lo solely procedures, control of dust, noise, or other nuisance to the art a, and to proper notlf is anon OT Dubl is utitiLiei and City OeDartmenti. Failure to comply with this section shall De subject to the penalties provided therefor. 9. The Dere toper shall be responsible for removal of all loose rocks and other debris from public rights-of-way within or a0jol sing said development resulting tram work relative to said deve lppment. 10. York done within exf5tl ng streets shall be diligently pursued to completion; the City shalt have the right • to comOtete any and all wprk In cne event of unjustified tlelay in completip n, antl to recpv er ati cost and cap cote incurred from the Developer and/ar his contractor by any lawful means. Il. Said Developer shalt at all times follow Mg dedica- tion of the streets and easements in said subidivision, up to the completion and acceptance of said work or lmprov em enf by said L1ty Council, give good and adequate warning to the trove ling public of ea th end every don geraus condition exist ens in said street or easement, and will protect [he traveling public from such tlelective pr dangerous conditions. Until the complet Ion o/ all improvements, herein incorporated on Page 6 [o be performed, each of saf0 streets not accepted as improvements shall be under the charge of said Oeve lopes Said Oev eloper may close all pr a portion of any street subject to the conditions <ontalr.ed to a temporary street cl0f ure Dermi t, issued by [he City Engineer, whenever it Is necessary to protect the public during the construction of the fmDrov ements herein agreed to be made. 12. Parkway trees required to De planted shall De planted by the Developer alter other Improvement work, grading and cleanup has been completed. Planting shall be done as Dr ovided by Ordinance in accordance with the Dlantinq diagram approved by the City Community Development Director. The Deve toper shall be responsible far maim alning all trees planted 1n good health until the end of the guaranteed maintenance period, ar /pr one year after planting, whichever fa tae er, l7. Tne Oeve ~oV er 1s responsible for meeting aft condi- tions established by the City pursuant to the Subdivl5ion Map • Act, City Ordiances, and this agreement /or the development, and /or the maintenan <e of all improvements constructed thereunder -2- '7a untfl the improvement is accepted for maintenance by the City, and no improvement security provfded hereinwith Sha17 De released Defore such acceptance unless otherwise provided and authors zed by the City Council Oi the City. 16. This agreement shall not terminate until the main[en ante guarantee security hereinafter described has been released by [he City, or until a nee agreement together with the required improvement sec pri [y has been su Dmi[Ied [o the City by a success Or t0 [he herein named, and Dy resoluH On of the City Council same has Deen accepted, and this agreement and the improvement security therefor has been released. 15, The improvement security to De furnished Dy the Developer with this agreement shalt consist of the foliowf ng and shall De in a form acceptable Dy the City Attp rney: A. TO secure faithful performance of this agreement. 1. q band or banes by one or more duly autharszed corporate sureties in the form and content specified Oy Government Lade Section fifi499,1, 2, qn Improvement Secu rl[y Instrument in the form and con Lent specified by the City Attorney. 9. A deposit wl[n the City of money or neyo liable bonds of the kind approved ,for Securing Oe posits Of puDilc monies, i B. To secure laborers an0 materlatmen: i. A Dond or Donds by one or more duly oath orl zed c orporace sureties in the form and consent specified by Government Code Sect ton 66499.1. . 2. An Improvement Security Instrument in the Porm ana content specs/ied Dy the Lity AC[Orney. 3. A deposit with [i ty of money or negotiable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer t0 [he engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furn55hing centerline tie notes t0 the City. The amount of the deppsit may De any amount certified by the engineer Or surveyor as acceptable payment in full; or, if no value is su0mitted, [he cash Dond shall De as sh awn on the Construction and Bond Estimate cant ainea herein. Said cash deposit may De refunded as Soon as Droce- dure permits after recel pt by the City of the centerline tie notes and written assurance of Oayment in full from the engineer or surveyor. 0. the regpi red bonds and the DrInN pal amou r;s thereof are se[ forth on page 6 Of this agreement. 16. The Developer warrants that the improv emept~. described in this agreement shall De free tram defects ip materials and warkm anshi p• qnY and all Dort ions of the improve- ments found to be defective within one (1) year following ; data on which the improvements are accepted Dy the City shall be repaired or replaced Dy Developer free of all charges to the C i[y. The Oevel oper shall furnish a maintenance guarantee security in a sum equal to ten percent (10%) of the conitr uc[fon esTlmate Or 5400.00, whichever is greater, to secure the iV ithf ul perform dote of Developer's oDlig aiion5 as des<riDed in this para- . graph, The mal ntenance guarantee security shaft also secure the faithful Derfbrmance Dy the Developer of any obligation of the -J- ~~ ~, 7 3 Developer to do spec ltfed work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a mainten ante guarantee security has been accepted 6y the Lity, the other improvement security descrf bed in this agreement may be released orovided that such reiease is otherwise authorized by the $ubd iv,s ion Mao at[ and any applicable City Ordinance. 17. That the Developer shall take out and maintain sucn DuDlic liability and property tlamage insurance as shall Drptec[ him and any contractor or subcontractor performing Bork covered by this agreement (ram claims far property damages which may arise because of the nature pf the work or from operations under this agreement, whether such operations be by himself or by any contractor pr subs ontracta r, or an ypne directly or indirectly employed Dy said persons, even though such damages De not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public Itabi city and property damage insurance shall Ilst the City as additonal insured and directly protect the Ctty, its officers, agents and employee s, as well as the Developer, hli contractors and his subcontractors, and all Insurance pplic ies Issued hereunder shall so state. The minimum amounts of such fns urance zhall De as /ollows: a. Contractor's liability insurance providing bodily injury or death liability limits p/ rapt less tna 5300,000 for each person and f1,000,000 for each accident or occurrence, and property damage liabil- ity limits of not less than 5100,000 for _ach acct- • dent or occurrence with an aggregate limit of f25D, 000 for claims which may arise from the opera- tions of the Developer in [he De rf ormance of the work herein provided. B, Automobile 11abi1 Ry tnsuran ce caved rag all vehic lei used in the performance o/ this agreement providing bodily lnju ry liability limits of not less than 5200,000 /or each person end 5300,000 ipr each accident Or occurrence, and property damage 1l abiitty lim{ts of not less than agO,ODD for each a<cidenL ar occurrence, with an aggregate of not less than 5100,000 wn ich may arise from the opera- tions o/ the Developer or Ms Lpntractpr in perf orminq the work pr ovf dad for herein. 1B. ThaL Oe(ore the execution of tots agreement, the Developer shall itle with the City a cerLi/icate or certificates of Insurance covering the sp asst tad Insurance. Each sucn certificate snail bear an endorsement precluding the cancellations, pr redo ct tan 1n coverage of any policy evidences by such cart if lcate, before the expiration of thirty (30) days after the City shalt nave received natif ication by register=; mall from the insurance carrier. Pt evtdence Df underita nAin9 the Drpvistons contained hereto, and of intent to comply with same, the Subdivider has submitted the foilawing described improvement secur lty, and has off iced rats signature hereto: r L -a. ,~ ~y FAITXFUL PERFO RXA NCE Type: Principal gmoun t: 5649, 3fi 0. 00 0 ame and adtlre ss of surety: MATEgIAL ANO LABOR Pp YMENT Type: principal gmount; f324,6G0. 00 Name and address of surety: CASH DEPOSIT MOXUNENTATSON Type: principal Amount: 57,150.00 Name and address of surety: MAIXTENANCE GUARANTEE Type: principal Amount: Name and address of surety: TO BE POSTER PgIOR TO Afr FPTANrc pr cur rrrr • ~ STATE OF CALIFORNIA 155 COUNTY OF i OF .. .... ... ._.... .. JuIY 13... .. 19 Pi. 4fne me. the uMeniN.rd. a Sotarv PuMiP in and for sud County aM Sute. permnilly eppeued OFFICIAL SLAL ~ da s F. @ Ilpy. IOAIM BAi7Nfl V' p 'J nt of Th A Il lam l ~ C IIOM NRF. WYMIM l3nv_ w e[Illlaegro [avert Armed to meontheb.aia of aatiafactorv endercebbe the perum xhn eae.uted ~'~ ~e~n waa~ ww f; IM the wthin inarvmens nn NeAill d the Corporation themn ~unaM, arM erkmxledmtd b me that such Gxporetkm eaauted the xitNn inrtrvmrnt Pursuant b ita BY~ hws nr a Bmluti~m d ita Bond o1 Di ~ <argxnoe xarlomaoaMUn Nix.rv. S~muaw r ... f t t ~'(..~ fJl C i i ~~ ~ aa,.q... axx. ....., ... .., .,. City of Rancho Cucamonga, Callfor nia A Nunic lpat Ccrpor anon BY: Mayor Attest: pppr Quad: • DEVELOPER`S SIGNpiURE NUST BE NOTARIZED -6- ~s En9ESt CETY GF RANCHO CUCAIUINGA • ENGINEERING OI`lISION ENCROALHNENT PERMIT FEE SCMEOULE For Improvement: -iRr.cT 12$5'5 Oate: 't-8-es amPu to Y: enA.v.s P.ss°c. File Ae. er ence: City Drawing o. 9z MOTE: Ooes net include current fee far wri Ging permit or pavement deposits GGART ITY UNIT ITEM P0.[CE PMOU4T 595E5 L.F. P.[.C. curD - 6^ C.F. 29" gutter 500 2'{,790 L.F. v.0.[. curb - B• [.F. 29" gv tter 6.00 ,~~ Lf. P.0. C. curh only C°°A e•') 5.50 2739 L.f. A.C. berm 4,50 43s1dG S.F. 4" P.C.C. al d4walk .1.75 ~m i9 0 ,$yye_ S,f. 0r!ve approach ^ 2,50 _1o- ~4u 3~4a S.f. 0 P.C.C. cross gutter (inc. curb) J.40 ii +,qo C,Y. 5trest ezcavatt on 3,5p l°l0 E,Y. DCi50.TNb M5lN 2"CgVpY,o~4 3.$D _1S lei 2°8,1'4- $.F. Preparation of subyrode 0.15 1 q~-y S. F. Crushed egg. Dose (per Inch th lck) 0.03 cvz c.F. ca°.nTtu~.s RAt~ r~Ct Cs~. fn.o~ e.m . 5d-co y]5 ~.F. 8" Pc.c, mow ~TR~P S.Sm n ,-3 TON A.C. (500 to 900 eons) 65.00 Z~ e•F A~G. C4H:"TM'LF) 0,90 Zo993 S.F. A.t• (7" thick) 0.55 634+1 _ S.f, Patch A.C. (trench) 1.75 S.f, i• thick A.C. over ley 0.70 ~L EA, Adjust sewer manhole to grade 250.00 42rT,c EA. Adjust sewer clean out t4 grade 150,00 ~_ EA. Adjust water valves to grade 75.00 ~ i EA. Street if ghts 1000,00 ~ L.F. BerrlcadeT If n[ersec. f500 min) 1.00 Ch. RfWU1C QnAai. SSREET 4A,rY 5bO.C0 5co ~_ S.F. Removal of A.C. pavement 0.35 zo+s 941 L,f, Removal of P.C.C. curb 3.30 BZ Pi L.F. Removal 01 A. [. Derm 1,00 _y~ EA. Sereat signs 200,W yz~ ER. 0.eflectors and Dosts 35.00 L.F. Concrete block wa11 25.00 S. F. Retaining wa11 20,00 TON Aggregate Dase 7,00 L,Y, Concrete structures 425,00 i92 L.F. 1B" 0.iP (2000 0) 29.00 ~ ssv.tN sAb t,F. 24" RCP (1500 D) ' 35.00 Zo s1o =1 L.F, 2r RLP (2000 0) D1.00 es al L.F. /8" 0.CP (1200 0) 76.00 ' ~~ EA. Catch basin N 9' 2000.00 4000 ~~ U. f£Mmrt ir.ssT. fhTLH 2A5,N leme.00 ICC~ ~~ L.F. RcMW'E sMST. fo'Rr-P ~t,p X00 X00 _y EA, REmavE G~DT. CW+P \K~eC 2y0,00 ZSo EA, Local depres sl on 12' 1000.00 Zcov 2 EA. Ju nctlon structure 5000.00 _ fa.~oo EA, Outlet structure, Std 1506 1500.00 ~ EA. Outl at structure, Std 1507 500.00 looo ~_ EA. ~14'CmP Oex~.nwm M9lN lK~R loo o.oo iooo ~c~ L.F. 24' CvnP qi.~ ~2Go L.F, Sawcut 2.00 sF. G~NN,Tf3 aP1WwnY 2.50 ~ 5F RlP'R1M LHO.2 ew.cRlum~ Z.oo Sao eL 3oo S. F. Landscaptnyy 6 irr lgatlan 2.75 22s sag Zl 1 L.F, Roll curb {P. [, C.) 7.50 iv EnG (nEfA IMO INSPEC ifON fEE ~~~j~ f0 SUB TOTA1. 75ga 3q RES TORA1fON/OEL INEATION CASH ,pZGf~ CONTINGENCY CO5T5 G°~ ` OEPOS Ii (AEFVNOA at E) fAITNFUL PERFORMANCE BOND (100%)• ! q MONUMENTA7ION SUAETY (CASH) ~ /5Y.00 LABOR ANO MATERIAL BONG (50%) S S2T •Purswnt to City of R+ncOO Cucamonga Hun tclp^ Code, Title I, Chapter 3,00, adopting San earntrdino County Cade Titter, Chapters 3-5, a cash restor+HOn/dalinutlon deposit sAall /~ B+ gads prior to tssumce pf m Engineering Canstructtan Permit. ~`~ Rwl+ea 3/e/ 7G E%ECUTFD IN nUPLIGTE • aond No. ]13 91U P[emium: al.1a). p0 FAITHFUL PFRFORNANCE EONO NNE REAS, the City Council Of tAe City of Aa ncno Cucamonga, State Of Calllornta, end the tiiiai Cron (herein of ter des i9nated as Dr nn pa ave en ere nto an agreement whereby principal agrees tm install and complete certain designat ed Dubli< improvements, which said agreement, Gated 198 and identified as pro7ec roc o, s ere y referrZ'to and made a part hereof; and, NHEREAf, said principal ii raga trod under the terms of said agreement t0 furnish a bond for the faith (ui performance o1 said agreeme nL. ROM, TNERFFORF, we the principal and tee American inauunrr Con ny as surety, ere neld antl firmly bound unto e y o ancho Cu umon qa (hlrelnalter cal led 'City'), to tAe penal sum Of fir Hundred Forty-N 1ne shoos and TA ree Mundrld Slaty and 00/100 Dollars (ffA 9,760.00) lawful money of the Unites States, Ior the payment of wM Cn sum well and era ly to be made, we bin0 ourselves, our hN rs, su cress orS, executors and administrators, yotntly and severally, firmly by these presents. The condition oI this obllgat ion is such thH if the above b¢unaea principal, his or its Aeirs, executors, admin isV Stars, succeis0 rs or ass igns, shall In all things stand to and abide by, ana well and truly keep and perform She covenants, conditions and . provisions in the Said agreement and any alteration thereof made as mere in provided, on his or theirpart, t0 be kept and per/armed at the time and in the manner therein specs Hed, and in all respects ecc ordinq [o their true intent and mean tnq, ana shall indemnify and save harm Tess City, its o/f scars, agents and employees, as lh ere in stipulated, to en to is obllgat ton shall become null and vo 1d; otherwise, 1t shall be and remain to full force and effect. ~ As a Dart of N! 06119at ion secured hereoy and in addition to the face amount specif fed therefor, there shall De included costs and reasonable expenses and ices, Inc lad ln9 reasonable attorn ly~s fees, incurred by City 1n successfully enPor<inq such obi tgat ton, all L¢ De taxed a costs and included 1n any ,]ud9ment rendered. TAe surety hereby stlpu tales and agrees tAat no Chan qe, -- txtension of time, alteration or addition t¢ th! terms of the agreement or tD tAe work t¢ be per/ormed thereunder or LAe sper.i- flutions accompanying tAe lame shall in anywise a/feet Its ODllga ti ohs on this bona, and it does hereby Naive notice o1 any II sucA cAa nqe, extension o1 time, alteration Dr add itlon to the terms of the agreement or Lo the work Dr to the spec if lc atlons. 1N N1TNE55 NHEREOF, this instrument has been duly ex¢<uted by 198 Drinc lpal and surety above named, on nn y„Dm , ~• THE Ntt1.tAM LVON f<! ANV THE AMERICAN INSURANCE CplRANY eve p er ~ are y '~i / - f ~y)~~ ~ /u-ef ` •\ qna ~. ~l orney- n- a<t earricia erebner PLEASE RTTACH POMER OF ATTORNEY TO ALL NOXOS - SE6NATURES NUST IE NOTARIZED 77 exECpsEO to owuaTE mna m. >zz vzsl I Pzm,lw includes in <lu for peztermance Eond LRBOR RNO NRTERIRLNFN BONG NNEREAS, Lhe City Council of the City of Rancho Cucamonga, State of Callf ern ta, and Tna xiu cam Lyan company (hereinafter designated as pr nc pa ave en ere nto an agreement xhe re Dy principal agrees to lnitell and complete cart stn deslgnat ed publ lc improvements, mM ch said agreement, '~~ dated 198 , and identified as Dro ec roc o. s ere y re erred-~ and made a part hereo l; and 4NEREai, under the terms of said agreement, principal is re AUired before entering uDOn the per/ormance of the work, to file a good and soli iclent payment bond with the Ctty of Rancho Cucamonga to secure the cl alms to xn tcn reference 1s made in Title IS (commencing with Section 3082) of Part / o/ Division 3 of the Civil Code of the State of Calif orn L. NOM, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly Dpund unto the City of Rancho Cucamonga and all coot radon, subcontn ct ors, hoar ers, material men and other persons employed in the pe Mprmance of the ~ a/ores aid agrewent and referred to in LAe aforesaid Code of Civic procedure in the sum of Three Hundred Twenty-Four Thousand Six Hundred Eighty and 00/100 Dollars (f321,680,00 ), for materials furnished or labor therepn o1 any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety •111 paY Me same in an amount not exceeding the amount hereinabove set forth, and also in case s utt is Drought upon this bond will DIY in adettlon to the face amount thereof, costs and reasonable expenses and fees, in<luding real on able attorney's fees, Incurred by City 1n successfully enforcing sucA obligation, to De awarded and 11 red by the court, • and to De taxed as costs and to De included in the Judgment therein rendered. tt is Hereby expressly Stlpulat ed and agreed that this bond shall inure to the Denef ii pf any and all persons, companies and <orpar at ions ent4tled to file claims under Title 15 (c omm enctng nitA Section 3082) pf Part 4 of Divison 3 01 the Civil Code, so as to give a M ght of ac ti an to them or their assigns in any suit Drought upon this Do nd. Should the cone itlon of this band De fully DeM Ormed, then [Ms obligation shall become null and void, othe raise it shalt be end rem Hn in full force and effect. The surety hereby Stipulates and agrees that no change, extens ton of time, alter aLlon or addition to [he terms of said agreement or the spec if stations accompanying the same shall in any manner affect its oDitgations on this band, and it does here- by nH ve notice of any such change, extensiDn, alter allow or addtt ton. IN NITNESS NNEA EOF, this instrument has been duly executed by the prinN Dal and surety above named, on am. is I9B5 / THE x2LLIAM LTON 1:01@aNV ntiE AxERIC.W INEVMtK4 CCt@aNY eve oper ore y h[ / O/ 9,e e ~ orney- n- act aerie is a.mvr PLEASE ATTRCN -ONER Oi RTTORNET TO ALL BONDS SI6NRTURES MUST BE NOTRR(SED • 7~ ' SUBOIYISION CU~RA MTEE NO PERFORM LANCE (SETTING OF FIMpL MOXUMENTS) City Council City of Rancho Cucamonga P, 0. Boa 007 Rancho Cucamonga, California 91730 Gentlemen Pursuant to Chapter 4, Article 9, Section 66197 of the Government Cade, [he undersigned hereby agrees that alt monuments shown on the /final moo of Tract No. 11077 are to be sec and furnished by She subdivide is engineer or surveyor on or before August 199], as Spe<if ied in the Engineer's or Surveyor's Certificate and agrees to furnish roe notes thereon to complete all engineering requirements specified in Section fi6497, of the Government Cotle. The undersigned hands you herewith the sum of S 7,150.00 as a cash deposit, said deposit to guarantee to at the monuments wilt be set and the notef furnished ai above provided on or Uef ore the dale specified and that the engineer or surveyor will be paid by the undersigned. It 15 further understood and agreed Lhat in the event the undersigned fails [p complete the above requirements within the time specified, the City of Rancho Cucamp nga Is authors xed to <omple to sold requirpmen is or cause them to be completed and the • cost thereof is to be a charge City of Rancho Cucamonga is against said cash deposit, and the authdrixed to make Lhe necessary transfer from said cash deposi t to the credit for the proper city fund. It is Porther agreed that 1f the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor far the setting of Me final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 at the Government Code, the City shall pay to said engineer or surveyor, the cash deposit herein mane. I/ the cost of completing said requi remen LS esceeds the amount of the cash deposit, the undersigned agrees to Day the difference w lthln thirty (70) days after receiving written statement frp"I the Ci[y of Rancho Cucamonga specifying the apdunt pf [he difference between the cash deposit and the actual Cost of Said requirements. / 1, Cordiai~ / / ~f(/' i/ iamn e, sa ue. Su bdivide~ The gflliaal tven camoanv ASO h Id pddre ss _ Rancho fucamanma Calif. nl+ffi Date Jvly n, foes The depasiter of record (/or return of any portion of the casn deposit) shall be Thr Piil um I, nn rnm i ~ ~ f. RI'H amef ~ A ^r ess R • NOTE: TO eE SUBN ITTEO FULIy FILlEO OUT AND SIGNED 7 RESOLUTION N0. {-19+~62=BiR B~- - a77 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP DF TRACT N0. 12633 WHEREAS, the Tentative Map of Tract No. 12833, consisting of 117 lots, submitted by The William Lyon Company Subdivider, located between Rochester and Etiwanda Avenues, north of Base Line has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NON, 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 farm and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, RPPROVED, and ADOPTED this 2nd day of October, 1985 AYES: NOES: ABSENT: on ~ e s, ayor • go CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: October 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician t'p G~G'wO,y` ' > ~~ i~ !~~z ,,> 1977 i SUBJECT: gpproval of Improvement Agreement and Improvement Security for D.R. 84-51 located on the northeast corner of Haven Avenue and 7th Street submitted by Harry S. Rinker, D,R. 84-51 was approved by the Planning Commission on January 5, 1981 in the Industrial Specific Plan Development District located on the northeast corner of Haven Avenue and Seventh Street. The Developer, Harry S. Rinker, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: f44,000.00 Labor and Material Bond: (22,000.00 RECpNEMDATION It is recommended that the City Council adopt the attached resolution approving D.R. 84-51, accepting said agreement and security and authorizing the Mayor and City Cierk to sign said agreement. Respectfully su fitted, G LB Bade Attachments ~~ CITT OF RNXCHO CN CANONGN IMPROVEMENT AGRE ENENT FOR O.R. 81-N1 NHON ALL MEN BY THESE PgESE NiS: That this agreement is made and entered into, in Conformance with the provisions of the Nunfci pal Code and Regulations of the City of gaucho Cucamonga, State of California, a manic spat cvrDDration, hereinafter referr- ed fo as the City, by and between said City an0 hereinafter referred to as the eve oDer, ' THAT, NHEAEAS, said Developer desires to devetoD certain opal pr oDerty in said City located on the northeast corner of Haven and Seventh; and NHEREAS, said City has estahlished certain requirements to be met Oy said Developer as prerequisite to granting of final approval; and NNEAEAS, the execution of this agreement and posting of improvement security as hereinafter cited, and aDDr peed by tTe Lily Attorney, are deemed to he equfvalent to prior completion of said requirements Ior the purpose of securing said approval. NON, THEREFORE, it 15 hereby agreed by and between [he City and the Developer as tallow s: • i. The Developer hereby sprees to construct at developer's expense all improvements described on page 4 hereof within 12 months from the date hereof. 2. This agreement shall be eH ec five on the date of the resolution of the Council of said City aDDr ov ing this agreement. This agreement shall be In default on the day faltow- inq the first anniversary date of said aO Dro vat unless an erten- sion of H me has been granted by safd City as hereinafter provid- ed. 3. The Developer may request additional time in „hick to complete the provisions of this agreement, 1n writing not less than 30 days prior to the default date, and including a Sta Cement of circumstances of necessity for additional time. [n considera- tion of such request, the City reserves the right to review the pr OVistons hereof, including cpnstr action if andard i, cost ea timate, and sufficiency of the improvement security, and tp require addustments thereto when warranted by suattantial changes therein. 4, If [he Oeveto0er fails ar neglects to comply with Me provisions of this agreement, the City shall have the right at nny time t0 cause said DrovisiDns to be completetl by any la+- fut means, and thereupon to recover from safd Developer and/v- his Su recy the full cost and expense incurred In so doing. S. Construction permits snail be obtained by~the Devel- oper from the office of the City Engineer Orior to start of any work within the public right-af-way, and the developer shall conduct such work In full comvliance with the regulations contained therein. Nan-compliance may result in stopping of the work Oy the City, and asseszment of the penalties provided. fi, Public right-of-way imDr ovement work required shaft be Cons h UC fed in cOnfOrmdmfe wf th dDprOVed imp YOYemebt plans, Standard Specs iications, and Standard Drawings and any special amendmp~ts thereto. Cons[r action shall include any transitions g~ and/ar oL Aer incidental work deemed necessary for drainage or public safety. Errors or ommissipns disc ov erea during canstruc- L10n sAall De corrected upon the df rection of tAe City Engineer, Revised work due to Bald plan modifications shall De covered by the provisions of this agreement antl seeu red by th< surety covering Lhe original planned works. 7. York done within existing Streets fhali De diligent- lY Dursuetl to completion; the City shall have the rigor to cpmple to any and all work in the event o1 un,iu stiffed delay in complet+on, and tp recover all cott and expense incurred from the Oevelpper and/or Dis contractor by any lawful means. 8. The Developer shall De res ponsiDle for replatemenf, relocations, or removal of any comps nent of any irrigation water system in conflict wfth the required work to the sat isfaciion pf the City Engineer and the owner at the water system. 9. The Developer shalt De responsible far removal pf all loose rack and other debris from the publ tc right-of-way, 10. TAe Developer shall plant and maintain parkway trees as directed Dy the Community Development 0lrector. I1. The improvement security to De furnished by the Deveioper to guarantee completion of the terms of this agreement shall De suD]ect So the approval o/ the City Attorney, The prln- Cipal amount of said improvement security shall oat be less than LA2 dTpUnt ThOMn: • C I ,Q 3 FAI THFDL PERFORMANCE TYDe: Principal Amount: 544,000.00 Name and address of surety: MATFRI AL ANO LABOR Type: Principal Amount: 522,000.00 Name and address of surely; CASN DEPOSIT MOXDME NTATIOX Type: Principal Amount: N/0. Name and address o1 surety: TO BE POSTED PRIOR TO ACCEPTAXCE BT THE :I TY [N WITNESS HEREOF, the parties hereto have caused these presto's [o De duly eaecuted and acknowledge with all Iormali ties required Dy law on the dates sec forth ydosi tNelr signatures. Date veiRS b / , Oevel ~Oer afore I:ARRY CSR "?L'S0 C*.: rl me Date by OevelDD er • 19n afore Ante Ac ceDted: CI [y of qan Cho Cucamonga, California A Municipal Car potation By: , Mayor Attest: y er Ap pr ov¢d: ty [ Nrney r--_ - _ __~.__._- ___ ___..- alAlf Of GU{DRNIA ,T ~fa CDUNiv or 1 YI .mew ~ (~ ~ On Ima .~ 0ay w~~~'•'~~ ~`/ in me Yal ~96i. MkM M IM YMxS~gay d Nplan' VYgyla aM h~ YM Sixa MfOMriv tOMtma I~- 1 ~ X11 ,1 .{~ . Mnoraur anonn la ma mww s[., la worse to me on IAe Mvs of faAflxtary evgaMNl is M Ina oxwn_ wnaae ama_ ' ,~~Vt^~ w~ "L/ IuounpamiM wilnm ~ntnvmam IM ZAmw~Mgq to mtlMl _M_ IIIN,4 [r lirMxiA ~ 1y{YIM iI nma wine .N ~wecaan '~~., to+ to vn !i nlt• WONESS mr Mna ana orot~n If w ~~own Ne....w.n~.. w.w>u ~y RoleN Wwrc mare lw uw sma -____o.~en _.:...___ I ,. [ITT OF RANCHO NCAMOMW ENGINEERING DIVISION • ' ENCRWCMIEXT PETIMIT FEE SdIEDIILE For Improvement: Median (between Ith 6 Acacia), Acacia Avenue 6 7th Street Date. Jul 12 amDute y: im e< e File Re erence: City Or awing o. IR7TE: Does nut include arrest r!e for nritin9 penit ar pavement deposits ODANT ITV UNIT ITEM PAIGE AMOUNT L.F. P.C.C. curb - 12• C.L. 24• gutter 7.25 t.F. P.C.C. curb - G• C.F. 24" gutter 6.OD -959- L.F. P.C.C. curb only 5.50 T.T5:0~ L.F. A.[. berm 4.50 ' ~ - - X790- S.F. 6• D.C.C. sidewalk 1.75 3Z 66 SS - -TBL~ S.F. Drive approach 2.50 diQOaPS S.F. G" P.C.C, cross gutter (inc. curh) 3.40 L.Y. Streei ezuvati on 1.50 - ~~ C.Y. Imported embanknent 1.50 ~R1 S.F. Preparation of subgrade 0.15 S.F. Crushed agg. Dose (Der into thick) 0.03 TON A.C. (aver 1300 Sans) 27.00 TON A.C. (900 to 1300 tons) 35.00 TON A.C. (500 to 900 tons) 15.00 ' ~!^ TON A.L. (under 500 tans) 60.00 T.766. ~ S.F. R.C. (3^ thick) 0.55 - - -d9- S.F. Patch A.C. (tran<n) 1.75 Hb~D S,F, 1• thick A.C. overlay 0.30 EA. AdJust sewer menho le to grade 250.00 EA. AdJust Sewer clean oui to grade 15D.00 Ems. AtlJ utt water valves to grade 75.00 EA. Street Iignts 1000.00 -I200- L.F. Barricades (inter sec. 5500 min) 1.00 L.F, 2 a 4• redwmod header 1.75 - - -d00D- S.F. Aemovel of A.C. pavement 0.35 1~0'J D~ - ~Hb- L.f. Removal of P.C.C. curb 3,30 ~ L.F. Removal at A.C. perm 1.00 EA, Street s5gns 200.00 EA, Rettettars and pasts 35.00 L.F. Concrete block watt 25,00 S.F. Retaining wall 20.00 - TON Aggregate Oase 7.00 _ C.Y, COncrlt! s[ructuref 42$.00 L.F. 1G" RCP (2000 D) 29.00 L.F. 24" RCP (1500 D) 35.00 L.F. 36• RCD (2000 0) 49.00 L.F. 4G" 0.LP (1200 D) 76.00 EA. Latch Das 1n N • 4' 2000.00 EA. Catch basin X • B' 2900.00 EA. Caton Dasin N 22' 4500.00 EA, local depression 4' 500.00 EA. Local depression 12' 1000.00 EA, Junctipn structure 5000.00 EA. Outlet structure, Std r506 1500.00 EA. Outlet structure, Std 1507 500.00 __ EA. Guard posts 60.00 __ L.F, Guard Dane) (wood) 25.00 ' ' -976- L.F. Saecut 2.00 ,,.~~ i rCpT EA. Needwall (4G" wing) 6000.00 L.F. Redwood header 1.75 -76H0- S.F. Landtcapin@@ 6 lrrigatian 2.75 ~- L.F. Roll curb `P,r,.C.) 7,50 ~ ' X96!)- ,.F. Gomanite Median pavement 5.00 3. JSC-Tj ENGINEERING INSPECTION FEE S2 305.00 SUB TOTAL S7o. Su~9~ •RESTORAT[ON/OELINEATI ON CASH T1~0 .0~ COnTiNGENCr COSTS 10X Td4'9p/~- OEPOSIT (REFUNOAeLE) FAITHFUL PERFORMANCE BONG (100%) MONUMENiATION SURETY (CASH) N/A LABOR AND MATERIAL BONG (SOS) TZ2'.d6'l-i;P' •PUrsuant to Clty of R6Mh0 CNCaaon9a Municipal Lode, Title 1, CnaDter 1.08. adopting San Bern4rdisro County Code Titles, LNpters 1.5, a cash restoration/dellneati on deppsit shall Oe side prior to Issuance of m ~gi veering Construction Pernit. r Uond No: 9:506:5 ?r emsum:sT92,~0 FAITHFUL PERFORMANCE BOND N NEREAS, the City Council of the City of Rancho Cucamonga, Slat? of California, and - -'v'cL~?^'EST COMPn::Y-Hn~EJ (herein of ter designated ax ~-p r~i nycipa ave entered ,nto an agreement whereby principal agrees [< fnstall and complete certain designated pu5lic improvements, which said agreement, dated 198 and identified as project -o ,s ere y re erre to aim nee a part hereof; and, WHEREAS, said principal is required under the terms o4 ;id agreement t0 furnish a bond far the /ai[hf ul O<rf ormance of ,aid agreement. NOH, THEREFORE. we the DrinN pal antl OE'TLO'rEFS :VSUddSCE ]~~" "' as surety, are held and firmly bound unto t e ,ty o an cno Cucamonga (herei0af ter called "City"), in the Den a1 Sum of Forty- fdur Tha utand and 00/100 Oollart (544,000.00) 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 admf ni5tratDrs, Joint ty and severally, firmly by Lh ese presents. The condition of Phis obligation Is Such that it the shove bounded Dri nci pal, his or its heirs, executors, administrat orz, successors or assigns, shall in all things stand to and abide by, and welt and truly keep and perform the covenants, conditions and . provision4 ip the said agreement and any alteration thereof maee as trier ein pr ovieee, on his or their part, to be kept and performed at the time and in Me manner thereon specified, and in all respects according tD [Heir true intent and meaning, and ih all fndemnify and save harmless City, its pfffcers, agents and employees, as therein stipulated, then this obligation shall Oecpme null and vo1 d; otherwise, it shalt be and remain in full force and effect, ps a Dart of the obligation secured hereby and in aedi[ton to the face amount specified [her of or, there shalt be included casts and reasonable expenses aria tees, including reasonable alto r.ney'S fees, incurred by City in successfully enforcing such bbligation, alt to be [axed as casts and included In any Sudgnent rendered. The surely h<reby stipulates and agrees that no change, eet ension of time, otter ation ar addition td the terms of the agreement or to the work to be performed thereunder or the SD<,ci- fitations accompanying the same shall in anywise of lec[ its <bii9atlont on this bond, and it does hereby wa+ve notice of any Such change, extension of time, alteration or addition to the terms of the agreement or to the work ar to the specif icatlons. IN NIT NESS NHER EGf, this inttrument has been duty execu led by the principal one surety above named, on ~¢-terbpr E 19R~. - - - - - - iY"FA C° "..C14Fa eve pper /~ u y 9na ore orne y-,n- act Janes 1!. 3>y lun PLEASE ATTACH POMER OF ATTORNEY TO ALL BONGS SIGNATURES NUST BE NOTARIZED ~f ' 86 Pr•r~¢*;caci :n ;.erfbr~ LABOR RNO AATER1A LtfEN BONG NMERERS, [he City Council of the City of Aancno CuC amono a, State o/ Caiiforn ia, and -='-? "' ="t* ^ ACv-ii V~); (hereinafter designs L•d as "pn nc+pa r° have entered +n to an agreement whereby principal agrees to install and cp mp l¢te certain designated public improvements, wbich said agreement, dated 198 , and itlen;ified as pr0)ec. -~ +s erepy re erred io sand made a part hereof; and NXEREAS, and¢r the terms of said agreement, principal is required before entering upon the performance of the work, to file a goad and cuff icient paymenC bond with the Lity of Rancho Cucamonga to Secure the claims to which reference is as de in Tf 21e 15 (commencing with Section IDR2) of Part A ofi Oivi si on 3 of the Civil Code Of the State of Califprnia. NON, THEREFORE, said principal and the undersigned as a c orpOraV surety, are held firmly bound unto th< Ci[y of Rancho C uc amonga and all contractors, su bcpntractprs, laborers, ma [trial men antl other persons employed in the perlorm an Ce of the aforesaid agreement and referred to in the aforesaid ^. pde of Civic Procedure in the Sum of Twenty-Two Thousan0 and 00/l00 Ool tars (522,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Udempl0ymen[ In sOr an ce Act wlfh respect to such work Or Idbo r, that said surety wilt pay the 4 amt in an amount noC exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay in addition to the Poce amount thereof, Costs and re asOnable expenses and fees, including reasonable attorney's fees, incur-¢0 Oy City fn successfully enforcing such oblig scion, to be awarded • and fixed Dy [he court, and tp be Laved as costs and to De included In the ]udgm ent therein rendered. If is hereby expressly stipulated and agreed Shat this bond ih a17 inure to the benefit of any and all Oersons, cpmoani¢s ana corporations entitled to /ile claims under Title :5 (cpmmencing with Sectldn 3032) Of Part 4 of Divison l of the Civil .:O Ce. 5n as Co give a right of action to them or their assigns in any suit hr ou ghc upon this band. Should the condition of this bond be fully pe rfarmed, they this Obligation shall became null and vpid, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that np change, extension of time, alteration or addition tp Me terms of said agreement 9r the specif is attons accompanying the same shall in any manner alt ect its obligations on this bond, and it does he~¢- hy waive notice pf any such change, extension, ultera:i on Or addition. IN NITNE 55 NNEREOF, tots fns VUment has been duly executed by the principal and Surety above named, on Eectember 5 198 e ve 'oper ure y ~~ y a u e [ orney -'n- ac` mares H act an RLEASE ATTACH PONER OF ATTORNEY TO ALL 80NOS SIGNATORES MUST BE NOTARIZED „ L l." .+ '. I.', .drip ,,t~n .r"'" a~ RESOLUTION N0. R 8~ -~ ?~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR DIRECTOR REVIEW N0. 84-51 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on October 2, 1985 by Harry S. Rinker as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Haven Avenue and Seventh Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Director Review No. 84-51; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is • hereby authorized to sign said lmprovement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 2nd day of October, 1985. AYES: NOES: ABSENT: on a s, ayor g8 rrmv nc n n urun rnr e arn~•r_.~ I STAFF REPORT DATE: October 2, 1985 To: City Council and City Manager FROM: Lloyd B. Hubbs, City Engir,rer BY: Linda Beek, Engineering Technician ~.-_...~tr, ~~~9 ~~ ~'~ z f ~~\ 7 F ~r "Z I9' SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract 12650-1 and release of Improvement Agreement and Improvement Security for Tracts 9584, 9584-1 and 9584-2 located north of Hillside Road on tite east side of Haven Avenue submitted by The Deer Creek Company. Tract 12650-1 was approved by the Planning Commission on May 23, 1984, for the division of 147.16 acres into 225 lots/parcels in the Very Low Development District located on the east side of Haven, between Hillside Flood Channel and Hiilside Road. r1 LJ The Developer, The Deer Creek Company, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: $571,000.00 Labor and Material Bond: 5286,000.00 The Developer has requested the release of the agreement and security submitted for Tracts 9584, 9584-1 and 9584-2. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. & R.s have also been approved by the City Attorney. RECDMIENUATION It is recommended that the City Council adopt the attached resolution approving Tract 12650-1, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record, and to release securities and agreements for Tracts 9584, 9584-1 and 9584-2. r1 ~J Respe ully s mit{ed~~ I YY ~t.BH:16:d Attachments 89 .~ CI TT OF RRRCHO CUCRNONGp TNRROYENEXT pOREENENT FOR TRRCT N0, I2650-1 KNON ALL MEN RY THESE ppESENTS: That this agreement is made and entered into, 1n conf orman<e with the provisions of the SU bd iv if ion Map pct of th! State of California, And of the +pDlicable Ordinances of the C1ty of Rancho Cacam onga, Califarnie, a municipal corporaCion, by and between sand City, hereinafter referred to as the City, and The Deer Creek Company here inalter referred to as the Developer, NITNESSET H: TNpT, MHEREAS, said Developer desires [o develDO certain real property in said City as mown on Lhe cpndiLionally approv e0 suhdivislan known as tract No. 12650-1; and MNEREAS, sa td City has est abliihed certain r<quirementf tD be met by sold Developer as prer equis lte tp approval of Said subdivision generally located north of Hillside Raad on the edSC side D/ Xaven Avenue. NOM, THEREFORE, 1t is hereby agreed by said City and by Said Developer ai follows: 1. Th< Developer hereby agrees t0 construct at Developer's expense alt improvements describeC on Page 6 here- of within twelve months from the effective date hereDi. • 2, This agreement shall he e/f ective On the tlate of the r if olu[ion of the Council of sold City approving this agreement, This agreement sN ail he In default on [he day follow- ing the firs[ anniversary date of said approval unless an w,V.n- sfon o/ time has been granted by said Cf ty as hereinafter provid- ed. 3. The Developer may request an eptens Tan Df time to complete the terms hereof. Such request stall be submitted to the City in writing not less than 30 days before the expiratipn dace herea/, and shalt contain a statement of circumstances neceis itattng [h! Eat ension of H me. Tne City shall have the right to review the provisions of [Isis agreement, including the conitr uct ion Standards, cost estimate, antl improvement security, and to requlr! adJustm ents therein ii any subftant lal change has occurred during the term hereof. 9. I/ the Developer fat is or neglects to comply wR" the provisions of this agreement, the City shall have the rfgr. at any time to cause said provisions tp be met by any la•rv! means, and thereupon recover from the Developer and/or his sur<tr the full cost and expense incurred. 5. The Developer shall pr ovl de metered water service ' each lot of said development in accordance with the regulations, schedu tes, and fees of Me Cucamonga County Mater District, 6. The 0<veloper shall be re sponsiole for rep laceme~t, re local ton, ar removal of any Component of any 1rN ga[ton water system in conflict with construction of required improvements tp the sat is(actl0n of the City Engineer and the owner of such water System. Improvements required to be constructed shall -1- 9~ conform [o the Standartl Drawings and S[antl and Specifications of the Lity, and to the Imprpv ement plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby inc prpprated on Oage 6 hereof, as taken from the improvement plans tilted thereon by number. The Developer shall also be rezDOnsible for construc- tion of any transitf ons or other inc ids n[a1 work be ypnd the trace boundaries ai needed for safety and proper surface dr afnage. Errors pr ommissions discovered tluring constructin shall be corrected upon the direction of the City Engineer, Revisetl work due to sate plan modifications shall be covered by She provisions p/ this agreement and secured by the surety covering the original planned works. 8. Construction Oermits sh all Da obtained by the OeveloDer from the pf/ice of the Lity Engineer prior to start pf work; all regulations listed [hereon sA all be observed, with attention given to safety procedures, control of dust, noise, nr other nuisance to the area, and to proper not if lcat5 an of Du best utIllLies and Ci[y Departments. Failuro to comply wiro toss section shall be subject to the penalties provided therefor. 9. The Oeve lap er shall 6e respons101e for removal pf ail loose racks and other debris from pubt is rights-of-way within or adjoining Said development resulting from work relat eve to sate development. 10. Nork done within existing Streets shall be diligently pursued t0 camp letion; the City shalt nave the right tp complete any and all work in the event of unj ustif led delay in • complete on, and to recover all cost and expense incurred from the Developer and/pr his contractor by any lawful means. ll. Said Developer shall at all times fDl losing dedica- tion of the streets and eat emen[a in said Subidivfsion, uo t0 the completion and acceptance o1 said work or 7mprov ement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street ar easement, and will protect the traveling public /rum such defective or dangerous conditions. Until the completion of all lmpr ov ement5, herein incorporated on Page 6 to be performed, each of said streets not accepted as Improvements shall De under the charge of said Developer, Said Developer may close all Or a portion of any Street Subject tD the conditions contained fn a temporary street closure Oermit, issued by the City Engineer, whenever if 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 ne planted by the Developer after other improvement work, 9r adin3 and ci¢an up Das been completed. Planting shall be done as provided by Ordinance in accordance wi [„ the piantfng diagn~ approved by the City Community Development Director. The Developer shall De res ponslhle for maintainl ng all trees planted in gpoe health until the end of the guarant=ee maintenance period, or for one year of ter planting, wh+chev er Is Caber. 17. The Developer is rgsp ons ib le for meeting all condi- tions established by the City Dursu ant to the Su Od ivisian Mao Act, City Ordiances, and this agreement for the development, anA • for the maf nten an Ce of a17 improv em enta con Strutted thereon Der until [he Improvement is act spied for maintenance Dy the City, 'Z- 9/ ~. and no improvement security provided hereinwfth shall De released Defore 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 Dy Lhe City, or until a new agreement together with the required improvement security has been su bmit[etl Lo the City by a succ esi or to the hereto named, and by resolution o/ the City Council same hat been acceptetl, and this agreement and the improvement security therefor has Deen released. 15. The im Drov ement securi [y to De furnished by the Developer with this agreement shall consist of the following and shalt be in a form acceptable by [he City Attorney; R. To secure faithf ut performance of this agreement. I. A bond or bonds by one or more duly autAOrixe7 c prparate sureties in the form and content spec iiieE by Government Cade Sectf on 66499.1. 2. An improvement Security Instrument in the form and content specified by the City Attprne y. 3. A deposit with the C1ty of money or negptf able bonds at the kind ap Droved for securing deposits o/ public monies. B. To secure laborers and mated almen: 1. A bond or bonds by one pr more duly authorised corporate sureties In the form and content • sped if ed by Government Code Section 66499.1. 2. An Improvement Security Instrument in the farm and content fDeci/ied by the C1ty Attorney. 3. A deposit with City of money pr nego tlable bonds pf the kind approved for securing C. A cash depp sit wiM the City to guarantee Daym ent by the Developer to the engineer or surveyor whose certlt is ate appears upon the Ffnat MaD for the setting of all Da and ary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the tlepo sit may De any amount <ertif ied by the engineer or surveyor ds acceptable payment fn foil; or, if na value is su bmf tied, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be relunded as soon as proce- dure Dermf is after receipt Dy the City o/ the centerline tie notes and written assurance of payment in full from the engineer or surveyor. D. The required bonds and the pr lncipal amounts thereof are set forth on Dage 6 of this agreement. lfi. The Developer warrants chat the improvements described in this agreement ih aft be free from de/ec is in materials and workmaniM p, Any end ail portions of Lhe improve- ments found to be de/ect ive wi M in one (I) year /oitowing the data on wh7ch the improvements are accepted by the City shall be repaired or replacetl Oy Developer free of alt charges to the City, The Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (LO%) of the ~ ~er.,~.t1an estimate qr 5200.00, whichever Is greater, to secure the faithful performance of Developer's obligations as Ae5<ribed in tMf para- . graph. The maintenance guarantee security shall aiso secure the faithful performance Dy the Developer of any obligation of the Developer to do spec Hled work with respect to any parkway -3- 9~ maintenance assessment district. Once the improvements have been ac c¢pted and a maintenance guarantee security has De en accepted by the City, the other improvement sec urf[y described in this agreement may be released provided that such reiease is otherwise authorized by the Subdivisl on Map Act end any applicable City Ordinance. I7. That the Oeveloper shall take out and maintain such public liability and property damage insurance as sh ail protect him and any contractor or subcontractor performing work cover!d by this agreement from claims fOr property damages which may arise because of the nature of the work or from over ations under this agreement, whether such operations be by himself or Dy any contractor Or subcontractor, or anyone dfree tty or indirectly employed Dy Said perf ons, even [hough such damages be not caused by the negligence of the Oeveioper or any contractor dr suOw ntractor or anyone employed Dy safd persons. The public liability and property damage insurance shall list th! City as additon al insured and directly protect the City, its offiCe~s, agents and employees, as Weil as the Oevelope r, his contractors and Ms subcpntra of Ora, and all tnf urance policies issued hereunder shalt so state. The minimum amounts of such iniurenc¢ shall be as follows: A. Contractor's Liability insurance pr ovidin9 bodily Injury or death liability limits of not less tha 5700, ODO for each person and 51,000,000 for each ac<ident or occurrence, and property damage liabil- ity limits of not less than 5100,000 for each acci- dent or Otturrence with an aggregate limit of • 5250,000 far claims which may arise from [he ooera- tians a/ the Developer in the performance o1 th! cork herein provided. B, Automobile liability insurance covering all vehicles used In the performance of CMS agreement providing bodily injury liability limits of m[ less than 5200,000 far each person and 5300,000 far each accident or occurrence, and Drop er ty damage liability 11m1ts of not less than 550,000 for each accident ar occurrence, with an ag gre gale of not less Loan 5100,000 whf <h may arise from the opera- t10p5 of the Developer or his Contractor in perio rm log the work provided for herein. le. That before the execution o/ this agreement, the Oev eloper shall f11e wish the City a cert l/lc ate Or cert if ica[!s Ot Insurance covering the specified insurance. Each such certificate shah bear an endorsement precluding the cancella[tons, ar re ductlon 1n coverage of any policy evf denc!s by such ce rtiticate, Ae/are the eapirat icn of thirty (JO) days after the C1ty shall have received oat if station by registered mail from the insurance carrier. As evidence pt understanding the provfsians contained herein, a^? of intent to comply with same, the Subdivider has submitted th! following described Improvement security, and has a(iixed his signature hereto: • -4- 93 • FAITHFUL RERFORMARCE TYDe: Princfpal gmaunt: 5571,000. 00 Name and address of surety: HATER UL ABO LABOR PAYNENT TYpe: Principal Amount: 5296.000.00 Name and atldress of surety: CA TN UEPOS 7T BOBUBEBTATION TYpe: Principal gmount: S A.2i0. 00 Name and address of surety: BA7RTEBAB[E 6VARABTEE TYpev Principal Amount: NA Name end address of surety: TO BE POSTEO PRIOR TO ACCEPTABLE BY THE CITY IN RITNESS HEREOF, the Darties hereto have caused these presents to be duly executed and acknartedged rith all formalittes repuiretl by tar on the dates set forth oDPOSite [heir sign atvrea. 1}Ie Deer Creek Crnpvry, A General PurL~ecshlo BY: Grigsty DeRelgamnt, A C¢neral Partner O ate n/v/95 by ,Oevetope' /i~ ~ ~re a ~ Preside t n e Date by ,Deve iooer Accepted: City of Rancho Cucamonga, California A Municipal Corporation 9Y: Mayor Attes4 y er APPr oved: OE YELOPER'S TIUNATURE RVST BE BOTApIZEO -5- 9 a/ cnyEst IIU/Li. CITY OF RANf,110 LUChYOH ,q ' ENG INEEq ING OIV ISION • ENCROACIWENT PERNIi FEE SCIIEWLE • Far Improvement: T2A Cr IJ.o. 12<o50-I Oate: '!-2 - - Computad~~,l. File 0.e er e f nce: Lily Ura~ing lo. 9'19 NOTE: Wes not include current fee for am I[ing permit or pavement deposits QU 4:IT ITY UNIT ITEH P0.ICE WIOU'li L.F. P.C.C. curb - l2" C.f. 24" yu[ter 7.25 9Tai2 L.F. P.C.C. curb - 8" C.F. Z4" gutter 6.00 raS - 6=I L.F. P.C.C. curb only 5.50 3 5R0. L.F. A.C. berm 4.50 - S. F. 4^ P,C.C. sidewalk 1.15 oyS2 S. F. Drive approach 2.50 O/. 1'A~ 6108 S. F. 8" P.L,C. cross gutter (inc. curb) J. 40 "a 0 r-1~rpT :e C.Y. Street excavation L60 , C.Y. Imnort etl embankment 1.50 I i0~i~ S.P. Preparation of subOrade O. IS ^^ -»ss I~ SI S. F. Crushed ag g. Ease (per inch thick) 0.0J TON A.C. (over 1100 tans) 27.00 _ i0N A.C. (900 to IJ00 tons) J5.00 i0tl A.C. (500 l0 900 tons) 45.00 TON A.L. (under 500 tons) 60.00 1-IB SII S. F. A.L (J"[hick) 0.55 9E~IP 4.M S. F. Patch A.C. (trench) 1.15 S. F. 1" thick A.C. overlay O. JO EA, adjust sewer manhole to grade 250.00 EA. Adjust sewer clean out tp 9rade ISD.DD I O EA. Adju sf rater valves to grade 75.00 -5p a*- 5L_ EA. Street lights 1000,00 i ~_ 10 Ed L.F. 0zrr icades (inters er. [500 min) 1.00 l 00° L.F. 2 a 4" redrood header Lis S.F. Removal o/ A.C. pavement 0.75 ~r Q_ L.F. Removal a/ P, C,C, nlrb J. JO ~- L.F. Removal of l(5$.~Ib!'(m. gi,¢rz,enOE Y711N 1000 ?.~o.~ _11 EA, Street signs (2 ZTO~ 6~GU5) 200.00 2200 EA. Rel lectors and posts J5.00 L.F. Concrete bl nck wall 25,00 S.F. Retaining wall 20.00 i0N Agyreg ate base 1,00 ~_ 'WIN,4F Lcncre L^ st roctores ((:2A~~unGE~ ~B6W0 SOP^ c gi;0 •, L.F. 1D" RCP (2000 0) 29.00 y L.F. 24" RCP (1500 0) 35.00 L.F. J6" RCP (2000 D) 49.00 L,F. 4q" RLP (1200 D) ]6.00 EA. Catch basin N 4' 2000.00 EA. Catch basin N 0' 2900,00 EA. Catch basin X 22' 4500.00 EA. Local depression 4' 500.00 Eq. Local tlepre ss ion 12' 1000.00 __ EA. Junction structure 5000.00 EA. Ovtlet stn¢ture, Std /Sn6 1500.00 -- ___2_ EA. Ovtlet structure, SM E507 SOO.UO i EA. Guard Doss 40.00 _ L.F. Guard panel (woos) 25,00 -- 35_ LF. Sawc ut 2.00 - -,~?~ , EA. Headwall (Nq" wing) 4000.00 `~ t.F, gedwnpd header I, )5 4'.:.7 rt^A^- S.L LandscaDiny 6 irrigat ion (unvpu AV g) 2.75 [~- _j` _ LF, Rall curb (P. L.C.) 1,50 - - - 222D lF COM'M UU~ry TraJ ,t-1M P2Q./GsN @kar IL,00 a.^aon- EnG rIF FR wG ulspccn pR FEF 2,;. ~r.~,` sue rornL 't-7 J'O~,"_ •RESrrnlnr wN7Dtu ranr wn cnm ~,. ~• ,_ LuhnuGFnr,Y Ln5T5 ?'IS•a -;. n~- OFPOSIt (NEFU 9VAOLE) FAl illl Vl PFNF ORMANLE 0@IO (1G0X) = I MOIIUME11i ATIOII SURETY (CASH) !lfN i~` `~ LAOOR AiIU INIEgIAL tlONO (50X) oa;, n 'Pursuant Lo Cily of Ranchn fuc mnnn9a Mnn ir, ipal Lmle, Title I, Lhapler 1.00, adopting San Bernardino Launly Lade Iii les, Chapters I-5, a cash res[Or anon/delineation deppiit shall be made prior to Issuance o/ an Engineering COnslru<tlon Permit. !~ Revised 7/04 Cj ,f • FAITHFUL PERFORMANCE BONG ac na t. q;=2J:5 r. e... ~.,: 55. 71c .:D NNE RE AS, the City [pun Gil of tA¢ City Of AdOCAO Cvc amonga, State of California, and the Deer Creek Company (hereina=te- designated as "principal") have entered into an agreement where Sy principal agrees [o install and complete certain tlesign aced public improvements, which said agreement, dated sepce+ter v, 1985 and identif iea as oroj ecf it act No. 12555-i ~s ne-e ov ref ¢rred t0 and made a part hereof; and, NHERE AS, sa10 principal is re paired under the terms of said agreement to furnish a bond for the faithful performance Of said agreement. NON, THEREf OA E, we the principal and ^- ^- ~° ... ~ o 9anc no as surety, are Aeld and firmly bound unto t e ay Cucamonga (hereinafter called "City"), in the penal sum of °i ve Hundred and Seventy-One Thousand and 00/100 Opl tars (3571,000.00? lawful money of the Un7ied States, tar the Dayment of which sum well end truly LO b! made, we Dind Ourselves, Our heirs, successors, executors and administrators, j0inf ly and severally, firmly by these presents. The condition of this ODitg at ion is such that if the a0o ve Oounde0 princt poi, his or its heirs, edecu[prs, administrators, _ successors or assigns, shall 1n all IM nqS Stand to and aside Sy, -' and Weil and truly keep and perf Orm thQ covenants, ~ongit'.ons and provisions in ene said agreem ent ana any filter anon MerQ Of made • as therein provided, on his or their part, to De kept an] performed at [h¢ time and in the manner therein specified, and all respects according to their true intent and me anin q, ani shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, ghee this obligation 5hd11 became null and void; pMerwise, it shad be and remain in fu'1 farce an0 effect. Rs a part Of the Obtig anon secured Hereby and in addition t0 thQ 1dCe dmOVnt SplClfipd theref Or, thQre Shdll bQ in[1uC¢d c05 :5 and reasonable expenses anA fees, lnc lading reason aD!e attorney's lees, incurred Dy City In successfully enforcing such obligation, ail to be taxed as costs and inc tuned in any judgment rendered. the surety hereby stipulates and agrees that no ch ana e, extension of time, al ter atlas or addition to the terms Of the agreement or to fAe work [o be performed thereunder or the sp¢c~.- iication5 accampanyiny the same sAall in anywise affect its Obligations on this bond, and it does hereby waive nOlfc¢ o` ++v I such change, extension Of time, alteration or addition [p t^^ '--- ~- terms a/ [he agreement Or t0 the work or t0 the sOeCific dti ont. 1N NITNESS NNEREOF, this instrument has been duly execs [_' ::. the principal and surety above named, On teptemeer 13 198. =yr LEeR ,:PEER CCI?PA:15' A General Partnershap GEVELJF F. PJ :YGJPntiCE :Ci9F ~~'.: eve oper urety BY: Gr agsiry ~evelOEren<, 'A General Paz~rne[ ^ / IG, - _ i -~-~-~ _ :g a u ~'AftO me y-~n- act BY: Paula N. Grigstry Cavld f„ Ban f¢r Virc Presadent PEEASE ATTACH P04ER OF ATTORNEt TO ALL BONGS S16NATURES MUST BE NOTARIZED ~~ 9 ~ 3cnd ':0:9320.: Pre.rlua: cnc: in per F.rr LABOR ANO MA TERIALMEN 80X0 • NHE 0.ER5, the City Council 01 the City pf Rancho Cucamonga, State of Caiitornia, and The Oeer Creek Lomo any (hereinafter designated as "principal") have entered iota an agreement whereby principal agrees to install and complete certain designated public improVem ep ts, which Said dgreom en[ ddted Sec'em~ei t3. , 198s, and identified as protect Troc[ Yo. ley referred to and made a part hereof; and NMEREAS, under Che terms of said agreement, principal is required before entering upon the perform once of the work, to file a goad and sufficient payment bona with the City of Rancho Cucamonga to 5ecur9 Lhe claims [o hich reference is made in Title 15 (commencing with Section 3082) of Part a of Division 3 of the Civil Code p/ Che State of California. NON, TMEREF09E, said principal and the undersigned as a cprpor ate surety, are held firmly bountl into the Lity of Rancho Cucamonga and all contractors, subcontractors, laborers, mate^ial men and other persons employed in the performance of ;he aforesaid agreement and rN er red to in the aforesaid Code of Civil procedure in the sum of Two-Hundred and Eighty-Sfx Thousand and DO/100 Dollars (5286,000.00), for maters alT furnished or labor thereon of any kind, ar for amounts due under the Unemployment tnsuranc< A<t with respect t0 such work or tabor, thd2 sdld $UrBty Nill pdy the Sdme In d0 dmOUn[ n0[ exceeding the dmn•Jnt Ile reindDn Ve sCL fOfLh, dnd dlsp in CdSe SUIL iT hr UU9hL upon this bond will pay in atldittpn fp the face amount thereof, costs and reasonable expenses and fees, inclutling reasp naDle attorney's lees, incurred Dy Lity in successfully enforcing such oDligatipn, tp De awarded and fixed by the court, and to he taxed • as costs and to De included in the judgment therein veneered. t[ is hereby expressly stipulated and agreed that this Nord shall inure [o the benefit of any and all Gerson s, companies and corporations entitled to file claims untler Title 15 (cpmmen ci ng with Section 3082) of Part a of Divis on 3 of the Civil Lade, so aT to give a rfght of action to them or their assigns Sn any suit brought upon this bond. Should the condition of [his bond be fully perlarmed, then this ohligation shall became null and void, otherwise it shall be and remain in full force and effect. the surety hereby stipulates and agrees that no change, extens7 on of time, alter atson or addition to the terms pf said agreement or the spe<if stations accompanying the same shall In any manner affect its ohl igati ons on this bond, and ft does herr.- by waive notice of any such change, eztension, alteration pr addition. IN NITNESS NHEREOF, this instrument has been duly executed by the principal and Surety above named, on Seatember 13. 198 5 ' -----'Zi °~__ _ m ... ~: e,...ershi-. x~~oa xr: --u":•.'i ove op er ure BY: Devel F, A General PurGler LT OY: Paula M. G9 gstryr Cavid rC eBan(er act Vicc Pmsident PLEASE ATTACH POMER OF ATTOA REf TO ALL 80X05 SIGNATURES MUST BE NO TARI2E0 • 97 sueotvalDN GUARANTEE NO PERFORMANCE (6ETTIN6 OF FINAL MOMUN ENTS) City Council City of 0.ancho Cucamonga P. 0. Boa 807 gaucho Cucamonga, California 91770 Geniiemen: Pursuant tb Lhaeter 4, Article 9, Section 6649] of the Govern menc Cp de, the undersigned hereby agrees that all monuments shown on the final map of Tract No. 12650-1 are to be set and furnished by the subdiv idar~s engineer or surveyor an or before October 1996, as spec Hfed in the Engineer's qr Surveyor's Cert if lcate and agrees to furnish the notes thereon to complete ail engineering requirements specified in Section 66497, of roe Government Code. The undersigned hands you herewith the sum of S 4,250.00 as a cash deposit, said depos i[ [o guarantee That the monuments wi!1 be set and the notes furnished as above pravi dad on or before the date specified and that the engineer or surveyor will be paid by the undersigned. It is to rther understood and agreed that in the event the undersigned fails to complete the above requirements wfchin the time specified, the City of Rancho Cucamonga is aathori:ed [~ complete said requirements or cause Chem to be completed and the <psf thereof is tq be a charge against said :ash detlosit, and the • Cify of Rancho Cucamonga is authors zed to edte roe necessary transfer from said cash deposit to the credit for ;he proper city fund. [t is further agreed that if the undersigneC does not ore sent evidence to the City Council to at he has paid [he engineer or serve yqr for the setting of [he final monuments, and if tae engineer or surveyor gives the notices prescribed in Sec H On 66497 of the Government Lod¢, the City shall pay to said en g; neer or Surveyor, the cash deposit herein made. If the cost pf completing said requirements exceeds the amount o/ [he cash deD OSit, the undersigned agrees to paY the difference within thirty (30) days after receiving written statement frog Me City of Rancho Cucamonga specifying cue amount of the difference be Meen the cash deposit and the actual cast of said requirements. Cordially, Sts Over Creep Ca2am. A General Pazt rshio Subdivider BJBO Vtica Avenue Address _ Rancho Cucampr9a, CA 91]30 ~~/' 7` ( aula X firs:=ts]~'.-h Peesieert The deposi ter of record ~qr return"o an anion pf the cash deposit) shall be Ocer Creck C A Ceneral Paz .rershao; 6J80 Vt ma Aue., Poncho CLCavr'9a, 9 7l dme toss • NOTE: i0 BE SUBNITTEO FULLY FILLED OU7 ANO SIGNED 9R • RESOLUTION N0. E3A-02~BSR 8s - ~~y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 12650-1 AND RELEASING IMPROVEMENT RGREEMENT ANO IMPROVEMENT SECURITY fOR TRACTS 9584,9584-1, AND 9584-2 WHEREAS, Lhe Tentative Map of Tract No, 12650-1, consisting of 225 lots, submitted by The Oeer Creek Company, Subdivider, located north of Hillside Road on the east side of Haven Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Suhdivision 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 approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon; and WHEREAS, said agreement replaces agreements submitted previously by • the Subdivider for Tracts 9584, 9584-1, and 9584-2 and approved by Resolutions 81-118, 81-163 and 81-164, the Subdivider is requesting the release of said agreements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 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 That safd Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Rttorney; and That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. 99 4. That the improvement security replaces Security for • Tracts 9584, 9584-1, and 9584-2 and the City Clerk authorized to release said security. PASSED, APPROVED, and ADOPTED this 2nd day of October, 1985, AYES: NOES: ABSENT: on D. Mike s, Mayor ATTEST: Bever y q. Authe et, ity C er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned} meeting of said City Council held on the 2nd day of October, 1985. Executed this 2nd day of October, 1985 at Rancho Cucamonga, California. ever y A. Put a et, ity er U ego ... .... rv ~, ~.~naravavVn STAFF REPORT DATE: October 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Hu66s, City Engineer BY: Joe Btofa, Associate Civil Engineer C~C.t.trpY °~~r' x .~~.,. ~9T SUBJECT: Approval of Real Property Improvement Contract and Lien Agreement for 9411 La Mesa Drive submitted by Larry and Karen Clark. Mr. and Mrs. Clark, property owners, have applied for a building permit to construct a dwelling unit on the property at 9411 La Mesa Drive. The property does not front upon any public street. The access to the lot is provided from Hellman Avenue by an unpaved access through private easements among the adjacent property owners. • As a prerequisite to issuance of building permit for landlocked parcels as established by City Council Resolution No. 80-38, an irrevocable offer of dedication on the portion of the access for street purposes and a lien agreement for future street improvements are required. The document for the offer of dedication for that portion of La Mesa Drive has been previously executed and Mr. and Mrs. Clark have entered into a lien agreement to provide the required street improvements at some future date to be determined by the City. RECgMENDATION [t is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to accept and sign the lien agreement on behalf of the City. Resp fully s bm~ed, G~~ . ~~~~ LBH: S; e Attachments ~O/ PRoTE~r ~~ _5l TE U . rti. ... --- - .. _ -, ~~ ,~ _.... . ~~ .~ ~ ~1 ~ ~ ~i ~~~ CS .. ~ .. ~~ 14 Y , ~~ li' ~ '~I ~ 0 ~ A l~n~_T •1 f X _ m - _ ~ . ~ Y . . iT ~ ~ ~~. ~ . , % P I. /~! / ~.i ,qs _ ~,. ~ 1ST p. O, t O q ; ~> ., .. i ,~:.. .~ . r- --- ., ~I _ . o ~ 93 C~ ~~1In .~~~°~ '.~~ ciTV or• Iz,~~c-~lo c~~c~~,vo~c,~ ~,~~I,. y, ~ i~p ENGI~'GGRI\'G DIVISION 9471 iqn~' VICINITY ~1AP pagz ~p i RECOROIN6 REQUESTED eY: and YNEN RECORDED MAIL T0: CIiY CLERK c1TY OF RANCHO cUCANDNGq P. 0. Boa B07 RANCHO CULANONGA, CALIFORNIA 91730 1`l/l Lu ~>iesa gEAL PgOPERTT IMPROVEMENT CONTRNCT AND LIEN A6REEMENT THIS AGREEMENT, made and entered into this day of 1985, by and be cure en Larry A. Clark 6 Karen Clark (hereinafter referred to aT "Developer^), and the CITY Of 0.AHL N0 CUCAMONG A, CRL IFORYIA, a munfc ipal corporation (hereinafter referred to as "City"), provides as /ol lows: YHEREAS, as a general condition precedent to the issuance of a building permit for single family residential • deveippment the City requires the construction of missing off- site scree[ improvements including curb, gutter, sidewalk, A.C. pavement, ana drive aD Drpach adjacent to the property to be Bevel Aped; and NNEREAS, roe Developer desires to postpone construction a/ such improvements unfit a later date, as determined by the L itY; and , YNEREAS, the City Is agreeable to such ppstponeme~t provided that the Developer enters into this Agreement requiri.c the Deve leper to construct said improvements, at no expense ' the City, after demand to do so by the City, Mh1ch said Agreemo-• TAatl also provl de that the City may construct sat0 improvemepts i/ the Deve leper fafls or neglects to do so and that the city shall have a Iten upon the real pr pperty hereinafter described is security Ior the Developer's performance, and any repayment due s L,ty. 1 ,o, r~ ~~ NDU, THEREFORE, THE PARTIES AGRE r_: 1. The Developer hereby ogre es that they will install off-site street improvements including curb, gutter, sid_eal'e, A.C. 7av emeni and drive approach in accordance and cpmol!ance with a'.1 applicaE le ordinances resolutions, rules and regulations of [he City in effect at the time of the installation. Said improvements shall be installed upon and aipng la wesa Drive, not to eece ed Che centerline of said street or C<yond the frontage pf the su DJ ect property except as required to pr OVide for ad<q'a ate drainage and traffic transition per Cfty Standards, 2, the instal lotion of sold improvements shall be completed no later than one (1) year following written notice Io the Developer from the City to commenco installation of the same. installation of said improvements shall be at no expense • to the Cfty. 3. In the event the Develpper shall fall or re ha s= Ca comp fete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Develpper written nptice of Its intention to do sa, enter upon the property hereinafter described and cpmplete said improvements and recover all costs of completion incurred by the City tram Me Deve7ope r. a, To secure the Derf ormance by roe 9eveloper of t terms and conditions of thin Agreement and to secure repayment to City of any funds which may 6e expended by City ^ completing 5af0 improvements upon default by [he Develpm~^ hereunder, the Developer does by these presents grant, barga~.^. Sett and Canvey to the City, in trust, the fo11ow1ng described real prooerty situated in the Lity of Rancho Cucamonga, County pi • San Bernardino, State of California, to-wit; ~D e/ Z The Ne zt 65 feet of the East 260 feet of that portion of lot 12, Block 12, CNCAM ONGA NOMESTE AO g550CIgTlON, in the County of San Bernardino, State of Calffornla, as per Mao recorded in book 6 of Naas, page(s) 46, in the Office of the County 0.ec ord er of said County, descrf bed az (allows: BEGIHNING at a paint in the North Iine of said Laf 12, 196.49 feet East of the Center line of Hellman Avenue, 4a id pal nt Aging the N ortheast corner of Tract No. 3371, as per plat recorded in Oook 65 of Maps, page 3, records of said County; thence East along the said North line of said lot IZ, 710,21 feet, more ar less, to the Nest line of a County goad, 40 feet in width; thence ;oath along the said Nest line a1 said County goad, 148.40 feet; thenc e Nest paratlet with the Nort h line o1 said lmt 12, 770,21 feet, more or lets, to the East Iine gf said Tract ND. 73311 • thenc e Northerly along said East tine of Tract No. 3371 to the Doin[ of beginning. The Nest line of the apove described property befog par at lei with the Nest line bf the hereinabove mentf aned County Roed, (A.P.N. 202.091-29) /0 a' C~ 5, ibis conveyance is in crust for the purpmses described above. 6. pow, therefore, if the Oevelooer shall faithfully perform all of the acts and to logs tp De done under tMs Agn cement, then this conveyance shall be void, otherwise, it shdil remain in full farce and effect and in all respects shall De considered and treated a5 a mortgage on [Te reel property and the rights antl obligations of the Darties with respect thereto shall De governed by the provisions of the Civil Cade of the State of California, and any other applicable statute, pertaining io mortgages on real Drop er ty. 7. This Agreement shall De Linding upon anA ih all lnur_ to the henellt of the heirs, caeca tors, administrators, successors and assigns Ot each of the parties hereto. B. Tp the evtent repaired to give effect of this Agreement as a mortgage, the term ^Oeve toper" shall be 'mortgagor" and the City shall be the "mortgagee' as those terns are used in the the Civil Code a( the State of Cal ifarnia and any other statute pertaining to mortgages on real property. 9. 11 legal action is commences tp en(or ce any of the pr ovlstans of this Agreement, to recover any sum which th! City is entitled to recover from the Oevelaper hereunder or [o forectoee the mortgage create0 hereby, [hen the prevdiling party shall De entitled to recover its costs and such real onab~e attorneys fees a5 shall 6e awarded Dy Me Court, • ~ /°~ ~ u IN NITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY DEVELOPER CITY OF RANCHO CULARON Gq, LARRY A. 6 NAR EN CLARA CAL[i ORNIA, a manic spat corporation i~+ / s/ on Mi e s Mayor ATTEST: every ut e e City Clerk as ueau ay aaaaa uaeew we..eu awn u•a~ a eu see.... a uaas eeaa•e ua STATE OF CALIFORNIA ) ss COUNTY OF SAN BERNA0.0IN0) On ,I9_,bef pre me the un ersigne o ary a C, perspna y apPeare h R K S • and BEVERLY A. AUT HELET personally known to me to be the Mayor and C7ty Clerk, respectively, of the C[iY OF RANCHO CU CANON GA, CALIFORNIA, a municipal torpor atlon, and known to me to De the persons who eaecuted the witMn Instrument on Dehal/ o/ said manic lDal Corp pra[f on, and acknowledged to me chat such municipal torpor at7on executes it. Ni iNE55 NY HANG AND OFFICIAL SEAL. o[ary gnature STATE OF CAL IiOANtA ) 55 COUNTY Of SAX BERNAR Oi X01 On this the ,~/(~,~~day, oT S!'~'yP nsi, ~.'~ ~lY7 before me, ~i(21 n N /+~. ti~ the un ers gne p ary u c erson asons y appeare '(`r---0erson y nown o me (~O proved to me on the Oasts of sat 151actOry evidence to be the person(s) whose name(s) :''Pn su bscrlbed to the within Instrument and acknowleged thaw- executed it. NI THE 55 MY HANG ANO IfFIC1AL i°•\L ^ iV~ .. N^:rv A A ,. ~ ~1i y' s ~ wv a x.:~~nnn a~n / L,, •• '.iY~' Me*m.wmw vx m. ~ssr~~a ra rY 9n e NOTE: NNEN DOCUMENT IS fRECUTEO RT A CORPORATION OR PAR TNERSNIP, THE ABOVF ACNNOMLEDGfNENi IS NOT ACCEPTARIE. A CORPORATION/PAR~1il EDGFNENT IS REQUIRED. X07 RESOLUTION N0. £H•&=0~@i'R a's',JB~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALiFORNIq, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LARRY AND KAREN CLRRK AND AUTHORIZING THE MAYOR qND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 80-OB on May 7, 1980, to establish requirements for landlocked parcels where no subdivision is occurring; and WHEREAS, 9411 La Mesa Or ive located north of Base line Road and east of Hellmar. Avenue, APN 202-091-29 is a landlocked Parcel within the meaning of said Resolution No. 80-38; and WHEREAS, Larry and Karen Clark has executed a Real Property Improvement Contract and Lien Agreement, NOW, THEREFORE, 8E 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 2nd day of Octoher, 1985. • AYES: NOES: ABSENT: on Mi a s, Mayor Io8 /~TTV (1 Li T] ~ fit/. Ti/1 !~ • • n STAFF REPORT DATE: Octaher 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Mubbs, City Engineer BY: Paul Rougeau, Senior Civil Engineer 4~ c~~~T+ot <~e9~ i A-\ Y ~/ ~`4 \- ~± { jai' SUBJECT: Approval of proposed rate increases for 1985-85 for traffic signal maintenance, amounting to 15% over the rates in effect for the past two years Computer Service Division, the City's signal maintenance contractor, has submitted new rates for scheduled and extraordinary maintenance work. Both the new and present rates are shown on the attached schedule, the present rates having been in effect for the past two years. The increases amount to 7 1/2% per year, average, for labor, equipment and routine maintenance, labor alone being only 3.75% per year. The major reason for the increase as a whole being over 5% is significant increases in insurance costs. RECOMMENDATION It is recommended that the proposed rates for 1985-86 be approved as submitted. Attachments Resp r, fu y bm~ted, r`- / v L :PR de ~0 9 TRAFFIC SIGNAL MRINTENANCE SCHEDULE I. Routine Maintenance Present Proposed E50.00/M0. E57. 50/Mo. II. Extraordinary Maintenance Present Proposed Labor Supervisor E27.50/hr. E29.25/hr, Field Technician E24.15/hr. E26.50/hr. Lab Technician E24.15/hr. E26.50/hr. Laborer E18.00/hr. E19.25/hr. u ivment E . q Service Truck E 9.00/hr. E11.00/hr. Bucket Truck E28.00/hr. E30.00/hr. Crane Truck E30, 00 /hr. E32.50/hr, Compressor with tools E20.00/hr. E21.00/hr. C, J //Q J CITY OF RANCHO CL'CAb10vG1. STAFF REPORT L~G4,ti~ n~~ ~~1 9 ,. t , A, ~ _~~z ~~~-- GATE; October 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Associate Civil Engineer SUBJECT: Approval of easement for street and related purposes for 7205 Rochester Avenue submitted 6y Edward and Ellen Feduniw Mr. and Mrs. Feduniw, property owners, have applied for a building permit to construct an addition to an existing wholesale lumber business. The property is located on Rochester Avenue between Base Line Road and Southern Pacific Railroad tracks. As a prequisite to issuance of huilding permits for building additions, City Council Ordinance No. 58 states the developer shall offer to the City the required street dedication as per Master Plan of Streets. The document for the street dedication has been prepared and signed by the property owners. However, the owner's attorney requested the signatures of the Mayor and the City Clerk in additon to the City Engineer. Since the Mayor and City Clerk have not been authorized in the past to sign street dedications, the attached resolution authorizes the Mayor and City Clerk to accept and sign the attached easement for streets and related purposes from Mr. and Mrs. Feduniw. RECOIMENDATIDN It is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to accept the Easement for Street and Related Purposes on.behalf of the City. Respectfully submitt / ~ ~~~~ LB~aa ~. Attachments /// rc ~; ~ i C _. ~. - __~ _... ; ~ ~I. - - ~ . , . - ; s- r + T~; a'v~ ~i I ~. .: •. ~ ,~ it ~ ^ • e : I ~ IB ~ ~ 9~ ~ 20 ~ 2i c;. ~~ I e~f. > i III 1^ ~ .-__o-BASE-- ~~ ~ ~ S ~I ,n0/i PR 0 TEc s `` tN UrO to f l[ ~C~ y r,~ r CITI' OI R;\\C! 10 CC.'G\\10\'GA 7205 Roches E~, ~ G\'GINF.GRI\G DI~'ISIOV iv'r °' //a- 1 \ Doge a[mApxo a[aumm gr City of RaaKAo Cucamonga rxaI AEMRp[DawaTo City of Rancho Cucamonp P.O. Box 807 Aaecho Curamonp, CA 917)0 OKE AMY[1Np lMFIW RICOIIp(11t UR EASEMENT FOR A VALUABLE CONSIDERATION, reonpt of whicA u herchy acknowledged, TTe Clty pf Ranche Cucamonga shall lsaue an_Encmachnen[ Fermi[ [o[ Ue eaiatinq location of a cheln link fence and any oeTer lmprovemen[s along Ne awaterly Pracert Iine end gwrantee accaee f[om. Parcel 3 of Pa¢el Yap 5681 to a public atzee4 Nen EbAAPO d. AND CLLEN E. ROIJNIN GRANT(S) to Ne City of Ranche Cucamonp, a Municipal Corporation, an EASEMENT for STP£ES AND RE}.rTED PIIPPoSES upon That cenain real propMy in the Cily o! Rancho Cuumonp, County of San Bmurtino, Sute of Docnhed u Follows: AT PORFION OF PARCEL 3 OF PARCEL NAP 559>, 1N THE CITY OF ppNCXO CL`CAYONCd, COtY'IT F SAN aE0.4AR0IN0, p£COR-ED IN BOOK S6r PAf.ES 9 6 10 OF PARCS'L NAPS IN THE OFFICE • F THE PPCOPDER OF BAtD CIXMTY, DEECRIBEO AS FOLUJWS: E M65TEPLT 6 FEET CF SAin PARCEL 3 ITO: At 50' DEOICATICN ON RSHEETER A@:NI:E1 ATTEST: CITY OF RANCHO COCAMONGA, a IIIUnici- pal corporac ion BEVERLY AVTHELET, C1ty Cle[k BY: JON D. MIKELSr MdyO[ Dated a IEgAI ACKNOWLEDGMENT ^ ~ D,. -_._ - Slate of _Lall(pmin (1 On tram lne _,d0 day of _~Blly___.:9g5,bera~e me. County of Los Mgelea Marie E. Nlese 1 ~ __... ___-__-.- Ina unoer90neE Npgry Publ2. personally appuree Sdvud.]_1'edwiN and EilebE.1'adwiv.,_-_. personally Fnown to me ,!!~.?~.~ ~f:'. r, ~~rL k A prorld to moon lnebaaif Ol ealialaclprY evlUencp ~v_~' ro ne lne oereonb enure namalx ~re _.eYbecebed to lne w~m~n inaNUmwl, ~ne.pknpwlmged ma ~n~_a•«mede 1 ~ ~ WLL.yyNyyE~lSS my nand and pl LCUl feat JL!_4Ya.._ f... WUa4_ .. ____ NoNry'a B~9nabre // 3 TN^S^I9 A GENERAL ACRNONLEOGEXENTi PLEASE n58 PROPEfl AC.RNOMLEDCCXBNTr LE. PARtX68ENIPr RESOLUTION N0. f~0=0P=8Mt- 8r --7 P/ • A RESOLUTION OF THE CfTY COUNCIL OF 7HE CITY OF RANCHO CL'CAMONGA, ACCEPTING AN EASEMENT FOR STREET qND RELRTEO PURPOSES FROM EDWARD AND ELLEN FEDUNIW AND AUTHORIZING THE MRYOR 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 dedication of right-of-way in conjunction with building permit issuance; and WHEREAS, 7205 Rochester Avenue located betweeen Base Line Road and Southern Pacific Railroad tracks is constructing an addition to an existing building; and WHEREAS, Edward and Ellen Feduniw have executed an Easement for Street and Related Purposes (APN 227-091 -46); and NO'W, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Easement for Street and Related Purposes, authorizes the Mayor and the Lity 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 2nd day of October, 1985. • AYES: NOES: ABSENT: on ~ e s, Mayor ATTEST: every ut e et, ity er \J //y r1 ~~ CITY OF RANCHO CtiCA~fONGA STAFF REPORT ~~ca.tt~ a~f'~ L ~~ w~ '`~~~ r x ~' Z 19"" ~ DATE: October 2, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer SUBJECT: Approval of Professional Services Agreement with Terrascapes to prepare conceptual and final plans, speficif icat ions and estimates for the 6eaut if is ation of Nineteenth Street and Base Line Road Attached for Council approval is a Professional Services Agreement for conceptual design and plans, specifications and estimates for the beautification of various parkways on Nineteenth Street and Base Line Road. The actual locations are delineated in Exhibit R but are basically made up of tracts developed under the County where no landscaping was required, An example is the north side of Nineteenth Street from Sapphire to Carnelian. The consultant selected is Terrascapes who prepared the final plans for Carnelian and Base Line at the east City Limits. Their designs have Droven successfui and their fee is modest. RECOlMEryDAT10N It is recommended that the Professional Services Agreement with Terrascapes to prepare conceptual and final plans, specifications and estimates for the 6e autif ication of Nineteenth Street and Base Line Road be approved. Fee not to exceed 55,900.00 to be funded with Beautifications funds. Resp ctfully s bmit~ed, ~/ i C :G~ LBH :0 Attachments // a' • PROF ESSIGNAL SERVICES AGREE'^ENT This Agreement is mzde and entered into this day of 19_, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and Terrascapes (hereinafter referred to as "C03 SULTANT"). A. Recitals. (i) CI'iY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of cence ptual de si an and preparation of landscape and irrigation plans for the beautification of portions of Nineteenth Street and Base Line Road • ("Project" hereafter). (ii) CO^1SULTANT has nom submitted its proposal for the performance of such services. (iii) CITY desires to retain CO~ISULTANT to perform professional services necessary to render advice and assistance to CITY, CiTY's Planning Conmission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified tp perform such services and is willing to perform such professional services as hereinafter defined. NO'd, THEREFORE,, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Oef initions; The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requ irCS: //6 7/31/85 _1_ (a) Project: The prep aration of Landscape and irri ca tien plans • for Ninteenth Street 9eautification Pro iect described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, re oor ts, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSUL TAUT in order to complete the project. (c) Como let ion of Pro iect: The date of comp iet ion of all phases of the project, including any and all procedures, development plans, • maps, surveys, plan dor~ments, technical reports, meetings, oral presentations and attendance by C0.'JSULTANT at puhlic hearings regarding the project acceptance for construction is set forth in Exhibit "B" Project Schedule attached hereto. 2, CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reason ab ie satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred t o as "documents") including ali supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit • -2- //7 • "9". Copies of the documents shall be in such numbers as are required by Exhibit "A", CITY may thereafter review and forward to CONSULTANT conrnents regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary, CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82. (b) :nay be extended uoon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cost and e zpense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services • required hereunder. CONSULTANT further agrees that no subcontractor shall 6e retained 6y CONSL'LTA71T except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of 55,900.00 for the performance of the services required hereunder. This sum shalt cover the cost of all staff time and alt other direct and indirect costs or fees, Including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall 6e made in accordance with the schedule set forth in Exhibit "C". (b) Payments to COhISULTA'lT shall 6e made by CITY ir. accordance with the invoices submitted by CONSULTANT, on a monthly basis, anal such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- // 8 event, hov;ever, will said invoices exc ee^. 9i; of individual to s't totals • described in Exhibits "A" and "C". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to COASULTAiJT any sum in excess of 95". of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shail 6e made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Ezh ibit "A" hereof, shall be paid on a reimbursement hasis in accordance with the fee schedule set forth in Exh ihit "L". Charges for additional services shall be invoiced on a monthly basis and shall be paid by • CITY within a reasonable time after said invoices are received by CITY. 4. CITY oarees to provide to CONSJLTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (6) Photographically reproducible copies of maps and other information, if availah le, which CONSULTANT considers necessary in order to tamplete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Rssistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsihility to make all initial contact with respect to the gathering of such information. • -4- /i9 • 5. Ownership pf Opc~,;ments: A71 documents, data, studies, surreys, drawings, maps, models, photcgraphs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall 6e delivered to CI T'f by COTS ULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authori z=_d agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY, The CITY • agrees to hold harmless and indemnify the CON S'JLTANT against alt damages, claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site 6y the CITY its staff or authorized agents. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreament is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", on a pro- rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CON S'JLTAIIT receive more th.+.~ the maximum specified in paragraph 3 (a), shove. CONSULTANT shall prcv ide to CITY any and ali documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by -5- /.A c CONSULTANT as of date of ter-:i natipn. C0~ISULTANT ~^ay not t=rminate this Agreement except for cause. 7. Notices and Des innated Rearesent atives: Any and all notices, demands, invoices and written co~mnunications between the parties hereto shall be addressed as set forth in this paraaraoh 7. The below named individuals, furthermore, shall be those persons primarily responsible far the performance by the parties under this Aare=went; Lloyd NuSbs, City Engineer, r~ry of Ra nr Fn Cuc aTOn~a. Principal Te rrascaoes Dean Voshio Eu,j ii, 455 lJest nra^ya.nnnA 4van =. Si ite 27d. Anahe i:n. CA 92802 Any such notices, demands, invoices and written communications, 6y mail, shall 6e deemed to have been received by the addressee forty-eight (48) hours after ta id d erl i th f i th U it= d St t il d • ge prepa an prop ereo n n _ es ma , pos y epos t e a addr _ssed as set forth above. 8. Insurance: CO115ULTA'IT shall neither comr~ence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CO';SOLTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTAtIi shall take out and maintain at all times during the term of this Agreement the following policies pf insurance: (a) WorYer's Comoensaton Insurance: Before beginning work, C095'JLTANT shall furnish to CITY a certificate of insurance as proof that it has Laken out full workers' compensaton insurance for all persons whop it may employ directly or through subcontractors in carrying out the work • specified herein, in accordance with the laws of the State of California. -6- /~1.,/ • In accordance with the orovisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to comT~encing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 37C0 pf the Labor Code which require every employer to he insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and 1 will comply with such provisions before conmercing the performance of the work of this Agreement", (b) Public Liability and Prooerty Damage: Throughout the term of this Agreement, at CONSULTANT's soie cost and expense, CONSULTANT shall keep, or cause to be kept, in full farce and effect, for the mutual • benefit of CITY and C071SULTANT, comprehensive, broad form, general public liability and automobile insurance against ciaims and liabilities for person at injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (51,000,000,00) for bodily injury or death to any one person or far any one accident ar occurrence and at least One Million Dollars (51,000,000,00) for property damage, (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least not applicable for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General insurance Requirements; All insurance required by express Drovision of this Rgreement shall be carried only in -~- lo1.a • responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation aqa lost CITY and C ITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried ny CITY; and (3) they cannot be cancelled or materially changed exceot after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and • save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of an; part or obligatipn of performance hereunder shall be made, either in whole e- fn part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not 6e construed for any purpose to be • -8- ia3 • employees of CITY. 12. Governina Law: This Agreement shall be governed by and construed in accordance with the lay.+s of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term qr provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement ackngwledges that no representation by any party which is not embodied herein nor any other • ogreement, statement, or promise not contained in this Agreement shall 6e valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all pares es. IN 'W IT`IE SS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT - TERRASCAPES • Date: CITY OF RANCHO CUCAMOYGA on i e s, ayor ATTEST: ever y A. ut e et, ity er Approved as to form: ~~rity ttorney /may Date: EXHIBIT A • SCOPE OF SERVICES The City of Rancho Cucamonga is desirous of obtaining landscape architectural services for landscape and irrigation improvements for the following areas: Sapphire Street, east, at 19th St, bordering housing tract; 19th Street, north, from Sapphire to Carnelian; 19th Street, south, from Jasper to Carnelian; 19th Street south, between Carnelian and Beryl S[ree is as bordering housing tract; 19th Street, south, between Archibald and Hermosa Avenues as bordering housing tract and, Hermosa Avenue, west, from 19th Street to just past Mignonette. In addition, the City is desirous of obtaining landscape architectural services for landscape and irrigation improvements for Base Line Road, south, between Hellman and Archibald Avenues as bordering housing tract, and Base Line Road, north, between Ramona Avenue and Hermosa Avenue, bordering housing tract. In an effort to assist the City of Rancho Cucamonga to achieve its goals in these areas, Terrascapes proposed the following scone of services: Phase One: Conceptual Designs Terrascapes with the City Staff will discuss and refine the City's goals and review and define the City's hudgetary requirements. Terrascapes will also review and evaluate the existing adjacent landscape/physical improvements and develop a plant palette which will be supportive of the existing • improvements. This office shall then develop conceptual landscape design alternatives which will explore the various methods, opportunities and constraints to achieving the desired use and deployment of landscape elements within the budgetary constraints. Construction cost projections will accompany the alternatives to facilititate the City's decision making process. Based upon the City's review and comments, Terrascapes will prepare a finai preferred alternative along with a statement of prohable cost. Phase Two: Landscape grch itectural Construction Document Preparation (50Y, Submittal) Based on the City's approval of the final preferred alternative and a notice to proceed with the work at hand, Terrascapes shall develop a construction document package which will enable the City to let work in a timely manner, consistent with the normal construction sequence. Terrascapes shall develop a set of plans, details, specifications and cost projections which will clearly define and describe all work necessary for the installation of any and•all physical har dscape limited primarily to concrete flatwork as required. Terrascapes shall develop a set of plans, details, specifications and cost projections which will clearly define and describe all work necessary for the irrigation installation to be accomplished within the project. • /,~. S • Terrascapes shall prepare a set of plans, details, soecif ications and cost projections which will clearly define and descrihe all work necessary for the landscape installation, soil preparation and landscape fine grading to be accomplished within the project. Phase Two will begin the development of these construction documents in a form as the City requires. These documents will be completed to aopr^xi mately 50: at which time they will 6e submitted to the City for preliminary review. Phase Three: Landscape Architectural Construction Document Preparation (100: Completed) UDOn the City~s approval of the initial 50% submittal of the construction document package, Terrascapes will proceed to complete the documents, making any and all modifications deemed necessary from phase txo. • ~~6 EXHIBIT B • PROJECT SCHEDULE Proceeding from receipt of the executed contract, Terr ascapes shall proceed within the fallowing schedule: Phase 1 4 weeks Phase 2 & 3 3 weeks • • /d~ • EXHIB ST C FEE SC4EOULE Compensation for services rendered shall be the lump sum figure c.f 55,900.00 (Five thousand, nine hundred and 00/100 Dollars). Said fee shall include all telephone, mileage and production reprographic costs, as well as, compensation for coordination with CalTr ans, et al, pertaining to improvements proposed along 19th Street, State Route 30. Upon completion of the work, Terrascapes shall present to the City a set of reproducible mylars of the work for use and ownership, as well as a set of high-quality reproductions of all other work genere ated by this office and required to let work. The fee breakdown is as follows: Phase One 53,500.00 Phase Two 51,200.00 Phase Three 51,200.00 Total for all Phases 55,900.00 As per the City of Rancho Cucamonga's policy, the billings to the City shall be generated upon completion of each phase and due within 30 days. • la s r~ L n U CITY OF RANCHO CUCAMONGA ccG,ko~ STAFF REPORT ~~~ 5 '~ p ~> DATE: October 2, 1985 19' T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Mike Wolff, Public Works Inspector SUBJECT: Approval of Professional Services Agreement with L. A. Wainscott and Associates for construction staking and materials testing for Base Line Road from Teak Way to Haven Avenue Attached is a proposal for construction staking for the above referenced project submitted by the design engineer for the project. The staking proposal is based upon an estimate of services to he provided at established hourly rates. RECOMMENDATION It is recommended that the Council approve the Professional Services Agreement with L. A. Wainscott of Grand Terrace for construction staking and materials testing for Base Line Road from Teak 'Way to Haven Avenue for 532,700.00 plus lOX contingencies for an amount net to exceed b35,200.00. Resp ctfully submi ed, LBH:M Attachments ia9 • PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 19_, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and L.A. Wainscott & Associates (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request far Proposal pertaining to the performance of professional services with respect to the preparation of construction staking and materials and soils testing far Base Line Road from Teak Way to Haven Avenue • ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: ~~o -1- (a) Project: The preparation of construction stak ing and • materials and soils testing for Base Line Road from Teak Nav to Naven Avenue described in Exhibit "R" Scope of Services hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Pro,fect: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations • and attendance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit "B" Project Schedule attached hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhi6 it "A" and applicable wf th Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Project Scheduled, Exhibit • -2- /3/ . "6". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary 6y CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services . required hereunder. CONSULTANT further agrees that no subcontractor shall he retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as fol lo'.vs: (a) To pay CONSULTANT a maximum sum of 532.700.00 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth in Exhibit "C". (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid wf th in a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- /3~ event, however, will said invoices exceed 95X of individual task totals described in Exhibits "A" and "C". • (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95X of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein ac cepta6le in form and content to CITY. Final payment shall 6e made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exh;bit "C". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable Lime after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: • (a) Information and assistance as set forth in Exhibit "A" hereto. (b) photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial cor,!>rt with respect to the gathering of such information. -4- /33 • 5. Ownership of Documents: All documents, data, studies, surveys, dra~.vi ngs, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, • claims and losses including defense costs arising out of any such alteration or revision, or use or reuse at another site by the CITY its staff or authorized agents. 6. Termination: This agreement may be terminated by C[TY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Not ice•. [n the event this Agreement fs so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Exhibit "B", on a pro- rata basis with respect to the percentage of the pro,j ect completed as of Lhe date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by 5- isY CONSULTANT as of date of termination. CONSULTANT may not terminate this • Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall 6e those persons primarily responsible for the performance by the parties under this Agreement: Mike Long, City of Rancho Cuc amonga and Mac Copei and, L.A. Wainscott and Associates Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly • addressed as set forth shove. 8. Insurance: CONSULTANT shall neither continence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensaton Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certfficate of insurance as proof that it has taken out full workers' compens aton insurance for alt persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. • -6- /3S • In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commnencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions hefore commencing the performance of the work of this Agreement". (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual • benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT'S activities, providing protection of at least One Million Dollars (85000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (5500,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all Limes during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 5250,000.00 for errors and omissions ("malprart ice") with respect to loss arising from actions of CONSULTANT performing engineering services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance • required by express provision of this Agreement shall be carried only in -0- /3G anies licensed to do b siness in the St sibl i com t f • respon nsurance p u e o e a California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and C ITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and • save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment 6y CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment): No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be • -8- /3~ • n U employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legai proceeding shall 6e entitled to recover attorneys' fees and costs from the opposing party in an amount determined 6y the Court to 6e reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN 'd ITN ESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSyLTANT~ Date: '~~ ~ Y}~~ CITY OF RANCHO CUCAMONGA on D. Mike s, Mayor ATTEST: Date: Bever y R. Authe et, City C erk Approved as to form: City Attorney /7 A _g. • LA 'AL"M11N$c GT•,pE JONN OAW$CN.:.S. ELL:GTie $NAw September 12, 1985 UPRT J. VESELT AIA RCNALLF GRLUCLLPE RU$$E1L E. $NAPp, P E W c vo 5632 Mr, Michael Lang Senior Public lJorks Inspector City of Rancho Cucamonga Engineering Division P, 0. 2oz 807 Ranchu Cucamonga, California 91730 Re: Base Line Road ~4ehabili tation 9e txeen ea'$way and Haven Avenue Cear Mr, Lcng: • :!e are oleased a submit !..".is pro ocsal for prcv•dirg cons trot lion stater irg enC rater ais tas ng ror the sub;'ec: street re'h abi'i L•ncn orcjet n, Our prLOCSai is teased ^ocn into rnatiLn provided :n your Auger; ~9, 1985 ie?'er anC conversation wit:^. I4o my Presche r, Sec au ze of the difficulty in defining the scope of work on this type of pro;ec :. We propose to provide our professional services in a time and mater al basis in ac LOrC ante with the attached Scnedule of Rates and La ooratory Test Fee's sub; ec: Co the following provisions: 1. The minimum daily staking request w'll be 1000 LF of construction z takes. ' 2. The City of Rancho Cucamonga will coordinate the construction staking and and material Cestirg activi tf es with the contractor. 3. Field material tes :ing will be charged at hourly rates far time actually spent in accordance with the Standard Rate Schedule. 4, Laboratory testing will be charged in accordance with the attached Laboratory Test fees. 5. City will request staking or material testing at least 24 hours in advance of need. , 6, $u rvey crew !ravel t!me will be charged at a rate Gf S60/hour for a 3 • man crew and S40/hour for a 2 man crew. L A WAINSCOTT & ASSOCIATES, INC. CIVIL ENGINEEdS • LANG SURVEYORS • ARCNITECT$ CONSTRUL~ON MA7ERIAL$ CONSULTANi$ Zld00 gARTON ROAD 51117E 200 GPANO TERRACE CALIFORNIA 37G24 ~; tm d2d.4;5 N~ifbAL$GRF,Cf ~YAO M6NIGAN RVE $W TE 2a uPANL 'ER PALE ]A~JCPNIA 3101E ru, B3A•~" /39 i. ~ Mr, Michael Long September 12, 1985 Page 2 5632 The attached cost estimate for construction staking and matsrial testing is provided for buCgeta ry purposes only. We estimate that the proposed services will cost aoprox im atelY 532, IOO.CO, including a lOS Conti ng sncy allowance. We app rociate the opportunity to be of service to you and look forxard tc assisting you in the successful completion of your project. Very truly yours. L~SCO TT & ASSOCIATES. INC. Russ Shar~~ Manager, Public 'darks Eng ineerir.g RS: 11 Erc'.osa ros i • DATE: ~yo ~x-+, g,7'~A" BASELINE ROAD RE4A8[LiTATION Between Tea kway and Haven Avenue CONSiROCTION STAKING ANO MATERIAL TESTING Cost Estimate I. Construction Stakin¢ (3 Man Su rvey Crow - unless otherwise no tad) A. Mark Limits of Reader Cuts and .Removal Areas (one 2 man survey crew - 8 hours a 5107 ~ 3856.00) B. Provide One Set of Stakes for the following: 1. Slone stakes (16 hours a 3128 ~ $2,048.00) Z. 900 LF of retaining walls at footing grade breaks and at 00 .cot max rote rvais (9 hours @ 5129.00 . $1, 024. CO) 3, tEEO !f of curb anC guc:er at 29 foot maximum intervals. nau rs g Si28. 00 ~ Si, 021, 00) • 4, 2'CO !E of ''^ase biue aos at 6C' ^..a.x imua int=_rvais (16 hours 1Z5 ~ S2.Ca8.C0) 9. 360 L= of storm drain at 25' max!mun rote rials including CJ rJ outlet (4 hours 3 5129 ~ 5512.;:0) 6. 3500 LF of new pavement along 9ase Line including centerline anc a-crown hinge po tots (17,600 LF total; 70 hours ? 5129 58.960.00) 7. a00 LF of new pavement along Turner Avenue ine lud ing centerline and 1-crown hinge point (800 LF total; 5 heurs 'a 5129 ~ Sifi8.00) B. Coa rdinate $u rvey and Provide Cut Sheets for Each line Staked Above (27300 LF total; one surveyor 3F hours ? 558 ~ 52,098.00). C, Survey Travel Time (21 round trips x 1 hr/trip z Sfi0 . 51,250.00) 0. Estimated Total Cast for Construction Survey including 10: contingency allowance: 52C,6o-8.00 x 1.10 522,500.00 /Y/ ,~ ~xNll3l~q~ ~ (CUV tp~ II ~Naterials Testing (By Field Technician - unless otherxise noted) A. Subg rode Compaction 1. Provide fie id cpmo ac lion tests on subgrade (14 tests x 0.7 hr/test x 538/hour - 5312.00) 2. Provide field maximum density tests on subgrade (3 tests x 3 hrs/tests x S38/hour • 5342.00) 3. Base Compaction 1. Provide 74 field compaction tests on base (9.5 hrs ~? S38/hpur • 5361,00) 2. ProviCe 1 field maximum density test or. base (3 hrs a S38/hr - 5114,00) C. Base ~uaiity ies is 1. Fie id sarp ie base ma tarsal (0.5 hr ~ 538/hour • $19. CC) 2, PrpVl dg p e lappratpry Sieve dnaiy5i5 pf pa52 mdterla (1 tes. 3^>5 C/hcur • 550.00) 3. PrpviCe one sand ecuai runt test (l test ? $50/test ~ SSC.CC; D. Aspnalt Paving 1. Collect asphalt material field samoles taken Sy City inspector for 5 day paving period, (5 day x .05 hr;day x 533/hr - 595.00) 2. Perforn 10 laboratory extrectipn and oil content tests on asphalt malarial (10 tests @ 545/test • 5450.00) 3. Perfprm 10 laboratory gradation tests on asphalt material (10 tests ~ $50/test 5500.00) 4, Perfprm 10 laboratpry stabilometer value tests on asphalt ,material (10 tests a S60/test • S6C0.00) E. Heater Scarification 1, Perform laboratpry tests on core samples of existing asphalt to determine percent add itrve required for heater/~emix. Coro samoles taken from the design phase of this pro; ec t, ~micn are sired in the L A 'dainsco tt laboratory, will be used for LMs tez t. No further coring is proposed. (3 tests ? 5400/test - 51,200.00) 2. Assist city inspector Ch roughout heater sca r~fica t~~on by c.^ecring temperature and +e~gnt of scarified mater~a'. (20 hr 3 S38i hour • 5160,00) /ya • • ~. , E1CH131T ~~~i~ (Cou r`a) F. Miscellaneous Compaction Testing 1. Provide field compaction tests at miscellaneous locations including: driveways, utility trenches, and retaining wall batkfill (20 tests z 0.7 hr/test z 538/hr - 5532.00) 2. Provide maximum density test (1 test x 3 hr/test x 538/hour . 5114, CO) G. Retaining 'gall Concrete 1. Prepare concrete cylinders in field (2 pours x 2 hr/pour x 538 5152.00) 2. Cyl inC er como ression test in laboratory (fi cylinders a 315/•est 530.00) H. t4a ten als .Report and Suoerv ision (by Associate Engineer) 1. 'An :e as :e ria is repo r: listing all tests or de*_e rminations como ie: ed :o ver fy .the fallowing: . a. asphalt paving oil con test and gradation b. sieve analysis anc ;a r.C ecu ivaient of agg rega:e base ~a :e r. als (i6 hrs ? SSd/hour = 592°. CO) 2. Of:i ce engineering, field coordination ar.d .meetings with c+ty. (20 hrs a 558/hr ~ 51,160.00) I. ~Naterials jesting Travel Time (34 round trips 1 hr/trip x 538/hr ~ 51,292.00) J. Estimated Total Cost far Construction Ma ten als Testing including 10i. can ti ng ency allowance: 59,181.00 x 1.10 ~ 510,100.00, /y3 o _ ... H ~ c -O h i d ~, r o-- ~. T: ti ~. ~ di~r ~ -~'! a-, c, o, ~ ~ I li y i a-.. vi* i of ~~ .C T ~., d d' a,~ ~ i wl m c C~ i yo .A ~~ o c ~~ i I O •e~ _ .D ~' 0 i ,~ '.~ - ~ 'i d• ~~ ~~ C v 3I -r ,I o _ v ~I . ~~ =~h- V " N ~n--- L C O a 'i -r+ y,.a -b ~ a d V C N N li (~~t', fa~t~-~Q~r c ~ ' CITY OF RANCO CUCAMONGA BASELINE STREET IMPROVEMENTS TEAKNAY TO HAVEN AVENUE September 9. 1985 Laboratory Test Tess Max iaum 'Density Determination Sieve Analysis Sand Eouiva ient R-'Ja i ue Ex tray ion and Oil Coneent • Gradation of Ex trac teC Sanp le Staoi icmeter ''la iue Oete rmi r,an on of :Additive Re^.u irsd far Heater/Rem1z Cenc rste Cylinders - Tes:ed Conc rste Cylinders - Not Tested • S 120.00/ea 50.00/ea 50.00/sa 130.00/sa as.7e/ea 50.00/ea ~~15.00/ea ~ ~ 5.70/ea /~~ 6G.OOiea Sys V" ExHr/3rT G V" L A 'dA IYSCOTi 8 ASSOCIATES, INC. SC4EDULE OF RATES Engineer ...... ............................5 65.00 per hour Surveyor ..................... .............5 Sd. 00 per hour Associate Engineer & Geolog ist.... .. .. ....5 5d. 00 per hour Engineering Technician/Plan Checker. ......5 47, C0 per hour Laboratory & Field Technician . ........ ....5 38.00 per hour Engineering Aide ............. ..... .. .. ....5 35.00 Der hour Three-Man Survey Crew . ................ ....5 128.00 per hour Two-Man Survey Crew .......... .............5 107.00 per hour EOM - Total Station . ......................5 10.00 per hour Computer ....... ...... ........ ......... ....5 .02 per CPU ?age-second Subsistent e . ...... ............... .........5 40.00 Der day Clerical ....... ....................... ....i 2a, CO Per hour field iechn~cian Vehiclz ........ ..........5 0.25 Ter mile 1) Fees anC other charges will be hi lied mora!ay as the work progresses, and shall 6e due at the time of 5iiiing. 2) Ciient hereby agrees that the balance as stet zd on the billing from Eng:r.eer to Client is correct. conclusive and binding on she Ciient unless Client with ~n ten (10) days from the datz of the ma'a ing of the billing notifies Engineer in writing of the partic~iar item that is alleged to be incorrect. 3) Any amounts not paid within thirty (30) days of the billing date shall be considered delinquent, and shall bear a service charge of one and one-half (1 1/2) percent per month on the unpaid balance not to exceed the maximum annual interest al TOwed by law. 4) Jobs with estimates of less than 53,000.00 normally require a retainer of 51,000.00 or fifty (50) percent of the estimate, whichever is less, prior to work beginning. The balance will 6e due upon ccmpletian of the work/report. 5) A 510.00 per hour per employee premium shall be paid for all overtime requested by the client. July 1985 /y` rtTV na u e Arun rrr e ~annrr_ a • STAFF REPORT GATE: October 2, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician ~~ _ _. `~F~. 7 C: 1 z ~~"`°" `X _ Z ~Y ~'~ SUBJECT: Intent to Annex Tracts 12670, 12670-1 thru -4, 12319, 12319-1 thru -8, 12830, 12672, 10210, 11915 to Street Lighting Maintenance District No. 1 as Annexation No. 13 and annex Tracts 12830 and 10210 to Street Lighting Maintenance District No. 2 as Annexation No. 11 and setting the date of public hearing for November 6, 1995 • Attached for City Council approval is resolution declaring the City's intent to annex the above described tracts to Street Lighting Maintenance District No. 1 and No. 2 and setting the public hearing date for November 6, 1985. Also attached for preliminary approval is the Engineer's Report for the annexation. The following are projects to he annexed: District No. 1 (Arterial) Tract 12670, 12670-1 thru -4 Tract 12319, 12319-1 thru -8 Tract 12672 Tract 10210 Tract 11915 Tract 12830 District No. 2 (Loral Lights) Tract 12830 Tract 10210 RECOMMENDgTION 1t is recommended that City Council adapt the attached resolutions approvinn the Engineer's Report and setting the date of public hearing for November 6, 1985. r1 fJ Res ctful l/y/ subm' ted/~ A d ~ K LBH: .jaa Attachments /~/7 . Western Properties ^bb North MounulnAwnw /P O.Be~biO/Up Wid.CJllemt.91785/ 714 985-0973 dune 20, 199: City of Rancho Cucamonga 9320-C Base Line Road Rancho Cucamonga, CA 91730 Attention: Lloyd 0. Hu bbs, R.C.E. City Engineer Dear Lloyd: . We herby consent to the anrexa lion o' Tract No. 12572 to Landscape Maintenance District No. 4, Street Liah tina h!a intenance District No. 4, and Street Lighting ~^aintenance District No. 1. Lo rd fatly, WESTERN PROPERTIES ,, _1-- ~ ;c~ ~~~... ~__it ._ Kay Matlack Project Manager KM/m6 ~y8 d LEWIS HOMES • I Ififi VanM1 Mounvm wmw / P 0.9n. 690 / Upund CY'dpmv 91 i85 / i 14 98509; t June 20, 198: Litt' of Rancho Cucamonga 9320-C Base Line Raad Rancho Cucamonga, CA 91i 30 Attention: Lloyd 8. Hubbs, R.C.E. City Engineer Oear Lloyd: 'de hereby consent to the annexation of Traces No. 12670-1 thru -4 and • Trect 12670 to landscape Maintenance Gistrict No. 4, Street Lighting Maintenance District No. 4, and Street Lighting Maintenance District No. 1. Cordially, LESIIS HOMES OF CALIFORNIA i' Kay MatlocK Project Manager K.1/mb %, Yl, Y\ d~y • ;• 4~ ~~ 4u~ 34" '~', /49 ~ f v • LEWIS HOMES 1156 8ort~ Mounwn evenu. / D O 00.6.0 / UD~end Ceiilomu 91 i 85! ]14 985~09]t dune 20, LSD Lit/ of Rancho Cucamonca 9327-C lase Line Road Rancho Cucamonca, CA 91730 Attention: Lloyd B. Hubbs, R.C.E. City Engineer Dear Lloyd: • We hereby consent to the annesa Lion o` 7rac is No. 12319-1 thru -S and 7rac: 12319 to Landscape Maintenance District No. 4, Street Ligh tins ?+ain- tenance Oisir ict No. 4, and Stree* Ligh Lino Maintenance District No. 1. Cordially, LE'A 1S H7I4ES OF CALIFORNIA ~~.i_i /i ~.i~ c 1. Kay Matloc:< Project Nana ger KM/mb • ,~~,tV 4S Vq~L !O OVR p 3®" Iw ,so BOYER ENGINEERING CO. June 11, 1981 City of Rancho Cucamonga Community ^evelopment Deoartme r.t P. 0. Sox 807 Rancho Cucamonga, Ca 91730 Attention: Ra rbara Mrall Rc: Tract :lo. 12830 Gentlemen: On behalf cf ovr client, A-:d Company, we hereby recuest permission to join the City-wide Street Lighting and +la intenance District for . the above referenced Tract. Very truly yours, i~ Dave Gillette DG:aj cc: A-M Company • 1950 AIRWAY AVENUE, B-2 • COSTA MESA, CA 92626 • (714) 966-0808 ire c~ C O R P O R A T I O N ConstructionlDevelopment August 6, 1985 City of Rancho Cucamonga Engineering Department 9320 Baseline Rd., Suite C Post Office Box 807 Rancho Cucamonga, Ca. 91730 Attention: Shintu Bose Re: Tract #10210 • Dear Shintu; Please accept this letter as our intent to join the Landscape 6 Lighting District for Tract #10210. If you should have any questions regarding this, please call me at (714) 987-7788. Sincerely, ~• Joe Carman, Vice President JC/de Q333 Baseline Road • Suite 200 • Ranchu Cucamonga, California 01730 713-487-7788 /s } rob-~rl~on bom-~•~ dmision of caved roryomnon .outh~•~n diviann ~~wa <ooi.~, an.e ,~u•inz ,ono~a•,ztaa .vw r~„s~.~~ Auoust 29, 1985 CiCy of Rancho Cucamonga 9320 Baseline Road Suite C Rancho Cucamonga, CA 91730 Attn: Linda Eeek, Engineering Division Re: Anneza[ion to Landscape and Lighting Districts/Tract 11915-2 Gentlemen: We vould like Co request that the subject Tract 11915-2 be annexed to existing Landscape and Street Lighting Districts [hat may exist to service this property. Should you have any questions, please do not hesitate [o contact me a[ (714) 370-0200. Thank you Eor your assistance. • Ver oy'~y urs. GARY J. MAZUR -w Planning & Design Manager ROGER TSOM NOMES/Southern a division of CATWIL CORP. /db • /s 3 CITY OF RANCHO CUCAMONDA Engineer's Report for Street Lighting Maintenance District No, 1 Annexation No. 13 for Tracts 12670, 12670-1 thru -4, 12319, 12319-1 thru 8, 12830, 12672, 10210 and 11915 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 Oescr iption This City Council has elected to annex the tracts enumerated in Exh ih it "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 shalt be considered to benefit Che 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 dfagram for the exact location of the street lighting areas. The plans and specificat inns for street lighting improvement on the individual deve lopmept 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 wilt be incurred far street lighting improvement Construction. Q+/,i All improvements wilt be constructed by developers. Based on availahle data, it is estimated that maintenance costs for assessment purposes wilt be as ~sY indicated below. These costs are estimated only, actual assessments will be based on actual cost data. • The estimated total cost far Lighting Maintenance District No. 1 (including Annexation No. 13) comprised of 7133 lots and 235 9500E street lights and/or 154 5800E lights is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* want ity Rate** L .90 5800E 154 9.00 22000E 1 13.50 *Nigh Pressure Sodium Vapor Lamps Rate Mo's Total 235 X 10.00 X 12 28,200.00 154 % 9.00 X 12 = 16,632.00 1 X 13.50 % 12 = 162.00 2, Costs per dwelling Unit: 44,994.00 . Totat Annual Maintenance Cost = 44 994 = 6.31/year/unit No. of Um is in Distnct 7Il~ 6.31 divided 6y 12 = .52 /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. 1", Annexation No. 13. These diagrams are hereby incorporated within the text of this report. ' 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. • /SS 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 Cnuncil 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 .tune, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • • ~~ G EXHIBIT "R" . Properties and improvements to be included within Annexation No. 13 of Street Lighting Maintenance District 1: 95001 22000E Tract 12670, 12670-1 thru -4 11 Tract 12672 3 Tract 12319, 12319-1 thru -8 13 Tract 11915 7 1 • /S~ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 13 % f} ~ 1.'.'.... J it •'NN _.,i .r.. ..~~.. n _' may.., d" i r \'~ 1 Tract 12670,-1 thru-4 ~CC~N ~~,o, ~t,r CITY OF RANCHO CUCAMONGA ~ "~le~ a ~,_~ ,~:~ ' COUNTY OF 3AN BCRNARDINO ` ~` ~ w STATE OF CALIFORNIA _~. ~ ~= N W fT /sg ~- tf» LLOYD NU805. CITY ENGMEER Rea a3aao Wore Pa8e ASSESSMEIUT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ACJNEXATION NO. 1 3 _T / ~ ~ ~ ; . ~ j - ; , .. ; . _; ~~/ - . _ + ` n ~• ~ % ~ = ~ ~.. ~.~i t ~ 1 t ...~ n.. .F. Tract 12319,-1 thru-8 • .o`~""~~~ CITY OF RANCHO CUCAMONGA t11=- S~„~~';. ~;;,:~~~~ ~ COUNTY OF 3AN BERNARDINO >, `~' ~,~ STATE OF CALIFORNIA ~. r-> iS9 ~ Irn LLOYD HUBBS. CITY ENGWEEF RrF J3cao nnrr P~Se Tract 12830 ASSESSMEfVT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO ACJNEXATION NO. 1 3 «~ ~ „~I^ ~~o ~ s I ~ ~ J4( H. ~ ~A V. -~'` 1i 19T! CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO OF a~ N tJe; page 1 ASSESSMEfdT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ACJNEXATION NO. 1 3 ;,'~ ...~ ~ `ta ~ \ \`\ 1' ~// ~M / • /~ '' ... \\ ~ ~. TRACT NO. 12672 _J "`"'n~c CITY OF RANCHO CUCAMONGA "`~e% '~,o . ~ -\ ~, ~~, T COUNTY OF 3AN BERNARDINO ~•~ .,_ ~~ -~' 8TATE OF CALIFORNIA ,~ T '= 1~1 19n LLOYD HU99S, CITY ENGINEER R.C E.27A89 GATE page ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 13 ,I ... •//--J• { r,'~ :=; I ~' y,. _ ----jl-r ~~ ~~~ ...... wi .. .. ~I i __ y ...._. ~ TRACT 10210 o"~~+'?+:. CITY OF RANCHO CUCAMONGA ci[le; ~`~ ~> COUNTY OF 3AN BERNARDINO ~ - ,r..~C~,..~ `~ ;r .~ STATE OF CALIFORNIA - cl ~ ~; i6a tm „ nvn unaac rirv curinicca o rr oaoce Herr page ASSESSiVlEidT DIAuRAM STREET LIGHTING MAINTENANCE DISTRICT NO. ACJNEXATION NO. ~ g cnr pr .rvcn iPAR N0. 11515 ne<nn.n. ~o j /~_~_ _.~ _ _ I ~ _ 1 , ! ~ ~. .~ ~ _^~___ w C ` i I I ~_~ .~~ ~ ~ ~ ~ - ~T ~ --~ ~__ _ ~ 1'a ~~ __ - _ r r ~ J o - ~( ` __ ~~~~ C. ~: I ~. r ~-J _, _ ~ o '~ _ _ 9 ~~ - ` ^ ~ .... ~ mo -_ -.._ w ~ '~~ 1 t 1 _ _ . - ...,._ _ Wit'' ~ ~~;' ~ -_ r -= = -- _:...... r , - ~ - ~ --~ ~ - - - -r . . ~- - - -- ~_ r e°"~""''o ' ~ ~ CITY OF RANCHO CUC c i c I . ,:; AMONGA _:.`'~ _ __- A COUNTY OF 3AN BTRNARDINO _ ~- v "~ W ~ ~ STATE OF CALIFORNIA _ 7~i wn > /6 3 ~ _ LLOYD MU??S. CITY ENG6~EE.R Rr o, ~- ..E...?.?g GATE P°ge ~ RESOLUTION N0.-EkB-9E=12R 8s "~8~" • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCRMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNE%ATION N0. 13 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 WHEREAS, on October 2, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE iT RESOLVED 6y the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and • expenses of said work and of the incidental expenses in connection therewitri, contained in said report 6e, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment Distr itt referred to and deses cr~e~in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in saki issessment District in proporttnn to the estimated benefit to be received 6y said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. /G 5' SECTION 4: That said report shall stand as the City Engineer's • Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, RPPROVED, and ADOPTED this 2nd day of October, 1985. AYES: NOES: ABSENT: on D. Mi a s, Mayor ATTEST: Beverly A. Authe et, ity erk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, • approved, and adopted by the City Council of the City of Rancho Cucamonga, at of regu19r (special, adjourned) meeting of said City Council held on the * day * .* Executed this * day of *, 19** at Rancho Cucamonga, California. Bever y A. Authelet, City C erk • /G1 RESOLUTION ND, fiA-B~--I3R 8s '=783 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS 1NTENT[ON TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SA[0 ANNEXATION A$ ANNEXATION N0. 13 TO STREET LIGHTING MA INTENRNCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1912 AND OFFERING A TIME ANO PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1912, being Division 15 of the Str~zts and Highways Code of the State of California, as follows: SECTION 1. Description of Work: That the public interest and convenience require an it is t e intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to 6e . located within roadway rtgh- t~ enumerated in the report of the City Engineer and more particularly described on maps which are on file in Lhe office of the City Clerk, entitled "Annexation No. 13 to Street Lighting Maintenance District No. 1". SECTION 3. Description of Assessment District: That the contemplate~ork, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Rnnexati on No. 13 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. Trias approve t e report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. /6~ SECTION 5. Collection of qss essments: The assessment shall he • collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on Octobe~5, at the hour of pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of intention. Protests must he in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. [f the signer of any protest is not shown upon the last equaliz=_d assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein propo~ shall be done an carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be ma-~de pursuant to ect ion o t e overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of ntario, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and AODPTED this 2nd day of October, 1985. AYES: NOES: ABSENT: on 0. Mi a s, Mayor • /G 7 CITY OF RANCHO COCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annexation No. 11 for Tract 12830 and 10210 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. 2. 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 abuttina~ the street lights. Work to be provided for with the assessments established 6y the district are: . 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 tot. 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 lfgh ting areas. The plans and specifications for street lighting improvement on the individual development is hereby made apart of this report to the same extent as if said plans ono specifics were attached hereto. Detailed maintenance act ivitfes on the street lighting district include: the repair, removal or replacement of ail 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 /6 8 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. 2 (including Annexation No. 11) comprised of 1998 lots and 597 street lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** *High Pressure o ium Vapor **SCE Schedule LS-1. All night service per map per month, effective 3anu ary 1, 1983. Lamps Rate Mo's Total 597 X 8.15 % 12 = 62,685,00 2, Costs per dwelling Unit: 62,685.00 Total Annual Maintenance Cost = fi2,685 =31.37/year/unit • No. o mts in istnct 'I~S~ 31.37 divided by 12 = 2.61/mo. h~nit 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. 11 These diagrams are hereby incorporated within [he text of this report. 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. • /6 9 • 2, City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 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. • /~o EXHIBIT "A" Properties and improvements to he included within Annexation No. I1 of Street • Lighting Maintenance District 2: 5800 Lumen Tract 12830 44 Tract 10210 31 C~ / ~/ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 ANNEXATION NO. 1 1 'a~ Tract 12830 ,.q=`^-"0t~ CPfY OF RANCHO CUCAMONGA fr ~ ~~ COUNTY OF 9AN BERNARDINO i ~; '~' STATE OF CALIFORNIA ui_ tm - / 71 title; N PaSe ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 • ANNEXATION NO. 1 1 . ...., , .- ._ ~_~~ __ ~.~ ~~ -. -~ . , , ,,,r; • -~ =-- - e ~ ...._. y } %. TRACT 10210 """° CPPY OF RANCHO CUCAMONGA /~ "`le' ~~°-Psi /` ~' ~.. ' . COUNTY OF SAN BERNARDINO ?:~rcL::, `~ ~¢J~~{{ -;i STATE OF CALIFORNIA ~ T ~~ -'" 173 lv a e V ivn ~~ LLOVO MUBBS CITY ENGINEER RCE.C3A29 DOTE P 8 RESOLUTION N0. ~'o-o^r-'rvir as -aav A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 11 TO STREET LIGHTING MAINTENANCE D[STR lCT N0. 2 WHEREAS, on October 2, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Cierk of said City a report in writing as required 6y the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Cierk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should he modified in any respect. NGW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1: That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3; That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: ih at said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. ( / /7y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNE%ATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNE%AT ION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION N0. H8-92-1511 8s -aRS NOW, THEREFORE 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Cade of the State of California, as follows: SECTION 1. Description of 'Work: That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. • SECTIOII 2. Location of Work: The foregoing described work is to be located within roadway right-of-way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 11 to Street Lighting Maintenance District No. 2". SECTION 3. Description of Assessmen t_ District: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a df str ict, which said district is assessed to pay the casts and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon Lhat certain "Map of Annexation No. 11 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. 773 SECTION 5. Collection of Assessments: The assessment shall be collected at the same time and in the same manner as County taxes are • collected. The City Engineer shall file a report annually with the City Council of said City and said Council wilt annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice is hereby given that on November 6, 1985, at the hour of 7:30 pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. [f the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landsc ap inq and Light inq Act of 1972: R11 the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to ect ion of the overnment Cade. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Oai ly 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 2nd day of October, 1985. AYES: NOES: ABSENT: on D. Mike s, Mayor • i76 ~~ • DATE: October 2, 1985 CITY OF RANCHO CUCAMONGA STAFF REPORT G~iGMp Y~~ '7 ~~`~` x z 1970 - - ~ T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Intent to Annex Tracts 12010, 12830 to landscape Maintenance District No. 1 as Annexation No. 26 and setting the date of public hearing for November 6, 1985 Attached for City Council approval is a resolution declaring the City's intent to annex the above described tracts to Landscape Maintenance District No. 1 and setting the public hearing date for November 6, 1985. Also attached for preliminary approval is the Engineer's Report for the annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for November 6, 1985. Resp tfully sub tied,{y/ 7 L BH: .jaa Attachments ~7~ ~ "°°' r~ ~'y.'N ~'`~ , ~ u ~,yL 1 ~~ C O R PO RAT I O N Construction! Development August 6, 1985 City of Rancho Cucamonga Engineering Department 9320 Baseline Rd., Suite C Post Office Box 807 Rancho Cucamonga, Ca. 91730 Attention: Shintu Bose Re: Tract X10210 • Dear Shintu: Please accept this letter as our intent to join the Landscape s Lighting District for Tract 810210. If you should have any questions regarding this, please call me at (714) 967-7788. Sincerely, Joe carman, vice President JC/de I .i 0333 Baseline Road • Suite 20O • Rancho Qicamunka, California o173O 714-987-7788 /7~ BOYER ENGINEERING CO. June 11, 1985 Caty cf Rancho Cucamonga Community Development Department P. 0. Box 807 Rancho Cucamonga, CA 91730 Attention: Barbara Krall RE: Tract :io. 12830 Gentlemen: On behalf of our client, A-M Company, we hereby request permissior. to join the City-Wide Street Lighting and Maintenance District for the above referenced Tract. • Vell//ry truly /y~o u/rs/-,~/~ Dave Gillette DG:aj cc: A-M Company • 2950 AIRWAY AVENUE, B-2 . COSTA MESA, CA 92626 (714) 966-0808 X79 • CITY OF RANCHO CUCAMONGR Engineer's Report for ANNE%ATION N0. 26 to the Landscape Maintenance District No. 1 for Tracts 12010 and 12830 SECTION 1. Authority for Report This report is in compliance with 1, Division 15 of the Streets and (Landscaping and Lighting Act of 1972). the requirements of Article 4, Chapter Highways Code, State of California 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 10210 and 12830 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 heen prepared by the developer and have been approved as part of the improvement plans for Tracts 10210 and 12830. 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 apart of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will he incurred for parkway improvemen4 construction. A11 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 (E.30) per square foot per year, These costs are estimated only, actual assessment wilt be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No. 26) comprised of 611,656 square feet of landscaped area is shown below: /8 0 Total Annual Maintenance Cost E.30 K 617,656 square feet = 185,296.80 Per lot Annual Assessment 185„296,80 = 33.11 Per Lot Monthly Rsses sment 33.17 = 2.76 72- Assessment ;hall 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. SECTION 5. Assessment Diagram p copy of the proposed assessment diagram is attached to this report and laheled 'Exhibit A", by this reference the diagram is hereby incorporated within the text of this report. u SECTION 6. Assessment • Improvement for Annexation No. 26 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Cnuncil will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the Cf ty during the 1982/83 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. • /R/ • ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 1 ANNEXATION N0. 26 .i ... ... • n.i ~ ,r/ ~ ___ ~ ~ /+ -r I C~= =~'l __- I n:i ~~~~ _ ~ J ~~~ ~., ' -_= I ,.~ _ .,: c..y: IIII ~ b .... _. TRACT 10210 ~J: . `~~ "~''~?, ClT\' OF RA~CIiO Cl'C,\i\10\GA clcle; ' "`-Yh ~' ENGI\EERI\G DIVISION w T ~~ c~n.J1> VICINITY b1AP 1\~ll a ` /R> P 8~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 1 ANNEXATION N0. 2 6 Tract 12830 `~~ • \o~~~ ~~jOj? CITI' OF 2A\CHO C[;Cr1~1O\GA `` ~, '` 1\"S . "" ~ -" ~' ENGINEERING DIVISION \P VICINITY M i -- , ~~n ~~ a PaS~ N • RESOLUTION N0. -E-b0-9~'t1R 8~ --18~ A RESOLUTION DF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CgLIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 26 TO LANDSCRPE MA[NTENANCE DISTRICT N0. 1 WHEREAS, on October 2, 1985, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council far consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NON, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: • SECTION 1; That the Engineer's Estimate of the itemized costs and expenses o~ork and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preiiminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and descr a in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment Otstrict in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. ieY SECTION 4: That said report shall stand as the City Engineers • Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 2nd day of October, 1985. AYES: NOES: RBSENT: Jon D. Mikels, Mayor ATTEST: Bever y A. Authe et, City erk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at • a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**. Executed this * day of *, 19** at Rancho Cucamonga, California. ever y A. Authe et, City C erk C~ 18Y RESOLUTION N0. F'~:-~-.~~- 8s - a 87 A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO CUCAMONGA, CRLIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 26 i0 LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 ANO OFFERING A TIME AND PLACE FOR HEARING OR,IECTI0N5 THERETO NOW, THEREFORE BE [T RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the landscaping and Lighting Act of 1912, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work: That the public interest and convenience require audit i~intent ion of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated for coianon greenbelt purposes by deed or recorded suhdivis ion tract map within the boundaries of the proposed maintenance district descrf bed in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental • lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located within roadway rig~it-o~way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 26 to Landscape Maintenance District Ho. 1". SECTION 3. Descri lion of Assessment District: That the contemplate wor in the opinion o sai ty ounc s o more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shovm upon that certain "Map of Annexation No. 26 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file to the office of the City Clerk of said City. jR6 SECTION 4. Report of Engineer: The City Council of said City by • Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 26 Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on November 5, at t e our o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must he delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the sinner of any protest is not shown upon the last equalized . assessment roll of San Bernardino County as the owner of the property described in the protests, then such nrotest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lich tin~q~Act of 1972: All the work herein propo~sFall be done an~ied through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting qct of 1972, being Divfsion 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be ma~ursuant to ection o the overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall Cause the same to be published 10 days before the date set for the hearing, at least once in The Oail Re ort, a newspaper of general circulation published in the City of Ontario, Ca ifornia, and circulated in the City of Rancho Cucamonga, California. '. % ~ 1 /P 7 CITY OF RANCHO CL'CAMONGA ~ccn,Na STAFF REPORT ~~' ~ ~'. • Z'~,9 ~'~` IA t= ~' Z '> DATE: October 2, 1985 ~ 19-' T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Nancy Fong, Associate Planner SUBJECT: APPEAL OF PLANNING COMMMISSION'S DECISION FOR DR 84-46 - FLAGHERTY PONDERO A S EAK HOUSE - A request to modify a condition of aDProval for a proposed restaurant in the commercial district (SuhArea 7) and the Haven Avenue Overlay District of the Industrial Specific Plan located at the northeast corner of Haven Avenue and Arrow Highway APN: 208-622-28. I. ABSTRACT: The developer is appealing the Planning Commission's decision in denying the request Lo change the metal roof color from brown to green and the wall material from split-face block • to red brick veneer. Staff is recommending that the City Council uphold the Planning Commission's decision. I[. BACKGROUND: The project was filed at the time when the Haven venom Overlay District was newly adopted. The Design Review Committee had worked diiigently with the developer in providing directions to design the elevations for this restaurant in complying with the Haven Avenue Overlay District. On February 27, 1985, the Planning Commission reviewed and conditionally approved this proposed restaurant with building materials and colors matching the K-Mart. The developer, on April 18, X985, requested the Design Review Committee to review the original color scheme of green metal roofing and red brick veneer. The committee determined that the metal roof could be a brownish or burgundy color but the wall material should stay a split-face block. (The Committee pointed out that the green color was never approved by them as mentioned in the August 28, 1985, Planning Commission Staff Report). During construction, the developer requested a major revision to the approved plans to change the approved brownish/burgundy metal roof and split-face block wall to the proposed green metal roof and red brick veneer for wall materials. On August 28, 1985, the Planning Commission at its regular meeting reviewed and denied the developer's proposal to modify the above mentioned conditions of approval. J d ~' CITY COUNCIL STAFF REPORT, October 2, 1985 DR 8A-46 Page 2 The Planning Commission was concerned with promoting a high quality image and high prestige identity for projects along Haven Avenue. The Commission also was concerned with maintaining the architectural theme of this commercial center as required by the Overlay District under the Master Planned Development to provide for compat ihility in building style, form and materials. Further, any developments along Haven Avenue shall project a high quality progressive, sophisticated, urban architectural style. Spanish, mediterranean, or traditional architectural styles are not generally considered appropriate for projects along Haven Avenue. While variations in architectural style, construction methods and materials for certain ancillary uses such as restaurants and banks may be permitted, the Planning Commission felt that the architecture should be consistent with the established architectural theme of the K-Mart shopping center. Attached for your review are the February 27, 1985, Planning Commission Report and Minutes, and August 28, 1985, Planning Commission Report and Minutes which fully outline the issues and the alternatives the Commission has considered. III. RECOMMENDATION: The Planning Commission recommends that the • City Council uphold the Planning Commission's decision in denying the request to modify the conditions of approval. Res ectful l,y u/b//mpp~~i~~t~~tjje//d, JACK LAM Community Development Director JL:NF:das Attachments: Appeal letter from Applicant August 28, 1985 Planning Commission Report and Minutes February 27, 1985 Planning Commission Report and Minutes Resolution of Approval with Conditions Exhibit "A" -Location Map, Haven Overlay District Exhibit "8" - Site Utilization Map Exhibit "C" - Detailed Site Plan Exhibit "D" -Elevations • ia9 • • CITY OF R::NCHO COCA6lONGA fer.ini~n Tl^rl ._ .~ "= ' ~ ' 1985 AM py 718191~1~1~111213t9i516 September 5, 1985 City Council City of Rancho Cucamonga 9320 Baseline Ste. C Rancho Cucamonga, Ca. 91730 Re: Ponderosa Steakhouse Appeal of Planning Commission relative to ex terf or colors Dear flemhers of the Council, On August 28, 1985 the Planning Commission reJected our appeal to change the exterior material colors from gray split-face concrete black wi ch a brown metal roof - to reddish brown clay brick with a green metal roof. The red brick and green roof was the Commission semis determined existing K-Mart buildir.~. Specifically the. rea sons for our our original su Wni ttal however to match the color scheme of the selections are as follows: 1. The "feeling" of the restaurant needs to impart warmth and cheerfulness enforcing the family dining aspect -gray concrete block and brown roofing does not do this in our opinion. 2, The 2"x 4"x 8" •/- clay brick has crisp square corners (un- like the larger split-face Dlock) which lends itself to the rounded fin walls and other detailing that was specifically designed around the brick from the first design sketches. Using the split-face would force an unnecessary clumsiness on the masonry details. Example: split-face block 1s smooth on the ends so that all surfaces would not be split-face particularly at the corners. Also the smoothness of the curved walls would look more angular or "hexagonal". 3. We are proposing that the green metal roof match the trim color that exists on the K-Mart addition. (see photo) Also, the curved green metal roof we propose will match closely the form and ultimate color of the curved copper roof on the Law and Justfce Center (the topper will turn green in one to two years) /50 cont. 4. The red brick and green roof will compliment one another and provide a much wanner combination than the gray and brawn scheme. From a broader viewpoint: There are three restaurant pads available in franL oi4 K-Mart In- cluding the Ponderosa site. Currently a Mexican restaurant is planned for the site just north of the Ponderosa. Nill these future restaurants be required to use gray split-face block with a brown roof because they also are adjacent to the K-Mart? Ne suggest that just because a proposed structure is located within close proximity of an 2x15C111g structure that the two necessarily do not have to be built from the same material to be compatible with one another. Should the City require this restaurant to be built from the materials as suggested by the Commission this applicant will expect the future restaurants in front of K-Mart to be built under the same restrictions - namely gray split-face concre to block with a brown roof. It is the sincere wish of this applicant that the Council will grant • this appeal not only for the benefit of this project but for the benefit of projects of this type which will undoubtably be submitted in the future. Thank you for your consideration. Sincerely, , ~ (.' ~ f~ ~ Thomas J. Davis, Architect ' Edward Flaherty, Owner/Applicant ~ 1 \J /9/ DRAFT E%CERPT - PLANNING COMMISSION MINUTES - AUGUST 28, 1985 . K. DEVELOPMENT REVIEW 84-46 - FLAHERTY - A request to modify the sand itions of approval for a Dropos ed restaurant in the Commercial District (Suharea 7) and the Haven Avenue Ovelay District of the Industrial Specific Plan located at the northeast corner of Haven Avenue and Arrow Highway - APN 208-622-28. Nancy Fong, Assistant Planner, reviewed the staff report. Chairman Stout invited public comment. Dave Flaherty, applicant, presented a rendering depicting the requested modification. He advised that he desired a separate identity from the adjacent K-Mart project and felt the brick would enhance the exterior of the proposed restaurant. He was concerned that the restaurant would blend into the K-Mart project with use of split face Klock. Tom Davis, project architect, stated that he was under the impression that the approved roof color was green. Chairman Stout stated that the original roof approval was bronze. However, the applicant requested a change to the green or brownish/burg andy color and the brown tone was approved. Commissioner Chitiea asked what was now being proposed. • Mr. Davis replied that the use of the brownish/red brick and green roof was the requested change. Commissioner Chitiea stated that the K-Mart project does not necessarily respresent the highest quality of building for Haven Avenue, although it may reflect the highest quality of K-Mart. Further, that the applicant had a valid point that the use of split face block might blend the restaurant in with the background. Commissioner McNiel stated that there might be buildings that blend in with surrounding projects and are unsuccessful; however, some provide excellent service have good businesses. He stated that the building should remain as now designed with bronze roof and the split face block. He advised that other alternatives could be used for visual attraction such as lighting and signage. Commissioner Rempel stated that the brick veneer would not detract from the building, but felt that it would enhance it. Further, that he would agree thcL the K-mart project was not something he would like to see copied. Chairman Stout stated the original submf tt al for this project was entirely unacceptable and the applicant submitted a second project which was highly acceptable, but then withdrew that submittal. A third project was submitted which was accepted as a compromise as something which could 6e lived with and now the applicant is requesting a compromise again. He further stated that he would not recommend any changes to the previous approval. /41 Commiss finer Barker stated that a lot of time had been spent 6y the Design Review Committee and Commission on this project and would agree that the • original approval should remain. The consensus of the Commission was that the original approval of the reddish/brown or bronze roof color should remain. Motion: Moved by Stout, seconded by Barker, that the original approval of split-fate 61ock and reddish/brown or bronze roof be upheld. Motion carried by the following vote: AYES: COMMISSIONERS: STOUT, BARKER, MCNI EL NOES: COMMISSIONERS: REMPEL, CHITIEA ABSENT: COMMISSIONERS: NONE -carried Conmiss Toners Chitiea and Rempel stated that the use of red brick veneer could enhance the project. u C~ / 93 ~r~nv nc n n ~rnvn ~r*r~ w nrnnrr n __ c,,._...,~,~^ STAFF REPORT <~~~,~ ~~ ' a ~~-; - DATE: August 28, 1985 T0: Chairman and Members of the Planning Commission FROM: Dan Coleman, Senior Planner BY: Nancy Fong, Assistant Planner SUBJECT: DEVELOPMENT REVIEW 84-46 MODIFICATION FLAHERTY ONOERO A T RK HOUSE - request to modify a Condition o Approva for a proposed restaurant in the Conner ical Oisirict (Subarea 1) and the Haven Avenue Overlay District of the Industrial Specific Plan located at the northeast corner of Haven Avenue and Arrow Highway - APN 208-622-28. I. ABSTRACT: The developer is requesting for Planning Comniss ion approva to modify a condition that requires split-face block material instead of the brick veneer material as originally proposed. Staff is recommending that the Planning Comniss ion uphold the Conditions of Approval. I1. BACKGROUND: On february 21, 1985, the Planning Commission reviewed and conditionally aDProved the proposed restaurant - Ponderosa Steak House. the Commission was concerned with ma in taing the architectural theme of the shopping center as established by K-Mart and the recent expansion. One of the conditions is to require the use of split-face block material instead of the proposed reddish brick veneer. Another condition is to change the proposed green metal roof to brownish color. These two conditions provide for compat ihility to the entire commercial center (K-Mart). Colored photographs will be provided at the meeting. On April 18, 1985, the developer requested for Design Review Committee to review the original color scheme which is the red brick veneer and green metal roof. The Committee determined that the metal roof could be of brownish/burgundy color or flat green color to match with the project that is adjacent to K-Mart (DR 84- 33), but the wall material should stay as split-face black. • /9y ITEM K PLANNING COMMISSION STAFF REPORT DR 84-46 - Flaherty August 28, 1985 Page 2 • III. RECOMMENDATION: Staff recommends that the condition requiring the split-face block material should be remained as originally approved. lly or Planner DC:NF:ko Attachments: February 27, Resolution o Exhibit "A" Exhibit "8" Exhibit "C" Exhibit "D" 1985 Planning Commission Report and Minutes f Approval with Conditions - Location Map, Haven Overlay District - Site Utilization Map - Detail Site Plan - Elevations • • ASS C Mr. Bell stated that Lewis would agree to suhmit a master plan for thi area. He stated that timing had become critical due to HUO Title financing. Additionally, it would cost a great deal of money to ch ang the map at this time, and requested that the Commission consider allow" g the applicant and staff to research other design approaches to mit' ate the it reetscape concern. Mr. Gomez advised [hat the master plan approach would set par eters for what the Commission wants on the east side by an amendment to the rea plan. Commissioner McNiel pointed out that this project came efore the Commission without Oes ign Review Committee approval because the mmittee was aware of a condition that needed mitigation of the full Plano' g Commission level. He stated that his concern is not anew one and has b n talked about many times. Commissioner Rempel stated that the problems Design Review Committee were not the architecture or the design of the t ct, it was the site orientation with other tracts. John Melcher, Lewis Homes, stated that he applit ant would agree to meet in a study session to discuss the area p ns for not only this area, but for the remainder of the community as well Chairman Stout stated that h ad the same concerns as those expressed and would like to look at the ar plan again. Motion: Moved by Rempel seconded by Barker, to issue a Negative Declaration • and adopt the Reso lu on approving Environmental Assessment and Tentative Tract 12670 with an dition al condition requiring the applicant to work with staff on the deve pment of additional streetscape variety with side entry garages on cor er lots and greater architectural variety of garage treatment. Mo 'on carried by the following vote: AYES: COMMISSIONERS: REMPEL, BARKER, CHITIEA, MCNIEL, STOUT NOES; COMMISSIONERS: NONE A85 COMMISSIONERS: NONE -carried + x . NEW BUSINESS; N. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 84-46 - FLAHERTY - The deve opment o a square oot restaurant on ac: es o an in the Commercial District, of Subarea 7 of the industrial Specific Plan located on the northeast corner of Haven Avenue and Arrow Highway - APN 208-622- 28. Nancy Fong, Assistant Planner, reviewed the staff report. Planning Commis5 ion Minutes -10- February 27, 1985 !9~ c- ~ Mr. Flaherty addressed the Commission and stated concurrence with the staff report, Resolution, and Condition. He stated however, that it was preferable that the building have its own identity separate from the K-Mart center and requested that the Co;mniss ion consider the roof color as proposed. 14otion: Moved by Stout, seconded by Chitiea, to issue a Negative Declaration and adapt the Resolution approving Environmental Assessment and Development Review ,44-46 with an amendment to require brown tones to be used on the roof and no su bsitutions far the split face block. The motion carried by the following vote: AYES: COMMISSIONERS: STOUT, CHITIEA, BARKER, MCNIEL, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE -carried : r : w x D~yector's Reports 0. P CY DE' John Meyer, A~ It was the c~ more detailed landscaping, 1 . . . w + P. USE DETEf • st ant Planner, reviewed the staff report. nsus of the Commission that staff be directed to prepare a • e rt researching the impacts, aesthetics, and development, kin and backing requirements. 85 LDI Dan Coleman, Senior Planner, reviewe he staff report. Chairman Stout invited public comment. Sharon Vernaci, Vfnce's Garden Center, stated t t her business operated on a wholesale/retail basis and that to only allow who ale would put them out of business. It was the consensus of the Commission that landscape as agricultural uses, with no improvements or accessory to be limited to plants grown on-site. 4 f * • R Planning Commission Minutes -11- be permitted ~. Sales are February 27, 1985 . /97 r ~, ~c. • STAFF REPORT ~~,~~~9 ., 3 z ~\ - ~«.. 19-' ~ GATE: February 27, 1985 T0: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Nancy Fong, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW R4-46 - FLAHERTY - The development of a 6,000 square foot restaurant on 1.1 acres of land in the Commercial District (Subarea 7) of the Industrial Specific Plan and Haven Avenue Overlay District located at the northeast corner of Haven Avenue and Arrow Highway. • I. PROJECT RND SITE DESCRIPTION; A. Action Requested: Approval of site plan, elevations, and issuance of a Negative Declaration B. Purpose: Construction of a 6,000 square foot restaurant C. Location: Northeast corner of Haven Avenue and Arrow Highway D. Parcel Size: 1.1 acres E. Existing Zoning: Commercial District (Subarea 7), Haven Avenue Overlay District F. Existing Land Use: K-Mart Shopping Center G. Surrounding Land Use and Zoning: North - Vacant, office; Industrial Park District • (subarea 7) South - Bank, vacant; Industrial Park District East - K-Mart; industrial Park District (subarea 7) (subarea 6) West - Vacant; Pending Industrial Park District (subarea 7) ITEM N /58 Planning Commission Scuff Report ` February 27, 1985 DR 84-46 - Flaherty Page k2 • H. General Plan Designations: Project Site - Commercial North - Commercial, Industrial Park South - Industrial Park East - Industrial Park West - Pending for adoption by City Council to change from Office Professional to Industrial Park Site Characteristics: The project site is vacant and rough graded. Street improvements for the entire commercial center and on-site parking area have been completed. II. ANALYSIS: General: The proposed 6,000 square foot Ponderosa Steakhouse restaurant is located on Haven Avenue (adjacent to K-Mart) and is subject to the Development Guidelines of Haven Avenue Overlay District. • Desi gn Review Committee: This project has been reviewed by Design Review Committee twice, due to the fact that the initial proposed elevations did not comply with the Haven Avenue Overlay District in that the architecture was of traditional styles with lqw profile and linear buildings. The Design Review Committee had worked with the developer in resolving these design concerns. The Committee has reviewed the final design of the elevations and has recommended approval of this project subject to the following reconnnended changes to the project: 1. Enhance the plaza area with more pedestrian oriented facilities such as: shaded seating area with attractive landscaping, fountains, public art and/or kiosks, benches, trash receptacles and other street furniture. 2. The proposed brick veneer shall be changed to split-face block or a texturized brick (Velour Texture - Manganese Heavy Speck) for materf al compatibility to the entire commercial area. The metal roof shall he of brownish color for compatibility to K-Mart. • i99 Planning Commission ~if Report February 27, 1985 OR 84-46 - Flaherty Page 13 • C. Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II of the Environmental Checki ist and found no significant impacts on the environment as a result of this project. A copy of Part II of the Environmental Checklist is attached for your review and consideration. III. FACTS FOR FINDINGS: This project is consistent with the Industrial Area Specific Plan Development Guidelines of Haven Rvenue Overlay District and the General Plan. The project will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposed site and building designs, together with the recommended Conditions, are in compliance with the Industrial Area Specific Plan, the Development Guidelines of Haven Avenue Overlay District and City Standards. V. RE COhIMENDATION: Staff recommends that the Commission approve DR • 64-46 through adoption of the attached Resolution and issuance of a Negative Declaration. .... RG:NF:cv Attachments: Exhibit "A" - Location Map; Haven Avenue Overlay District Exhibit "B" - Site Utilization Map Exhibit "C" - Detailed Site Plan Exhibit "0" - Conceptual Grading Plan Exhibit "E" - Conceptual landscape Plan Exhibit "F" - Elevations (2) Initial Study, Part II Resolution of Approval with Conditions ao~ f HAVEN AVENUE OVERLAY DISTRICT Urban Center > aee i Overlay District G. .<,a n. >~ CITY OI' iTr•.~i: ~Z f~9-~f~ MA~IFi(1~fiC~ R;11CI-IO CL'G~~IO\G;1 ~rrt,iL1Y,4'UON MAP ol.G / ... ~ .,. • _ _ _, -~ ~, .~_ i ~ ~ ~ ~ \=_ !, _ ~ .~ ~ • ~ ~ r- -~; I 'i;~ v _. ~ i~~d ~ a SITE UTILIZATION MRP" ~_~ _ - 1 / \ ~~ ,: _,`, -~ ,, ..~ ~~~ ~~-~ NORTH CITY OF rrEM: ~ BR-~Fi~AT/0/y RANCHO CUCAMC+~vGA Tm.E:4~lE` QcM.Iuzl~ay JNA/~ PLANNING DIVLSION ExHIBIT~~SCALE ~ a~} r / 1,/ // / ~, I! ~\ N , _a,.._.~ .. ~; PRO.lECT DATA • '' .~~ ,7-- DETAILED SITE PLAN ~-?~~ ~' nnnow nacre f~ ~ j i C xc~aTl t CITY OF' ITf:~I ~ 84'4~~ MoDIFiI[iaTidl. RA;~CHO CL'G1~1O~G:1 'rlTl.e: ~l~E yegal .. PLANNING DI\'I51c)\' ezltll;n~: C sG~LG ~ - ao3 METAL ~'M SOURIEAST ILLUSTRATIVE BUILDING ELEVATIONS 'ice NORTI I CITY OF ITEM y.%~~#-tif6 /~'~~~/~f~;/~ RAI~TCHO CUCAMO\GA TITLE: M~ff~~V~~~''7/AIIS PLANNING DIVISION EXHIBIT ~~_ $~ALE~ ~ ao Y ~i rRM MORTIFAST - `\ ~~ _ ~~~`~~ ~wJRTMWEST ILLUSTRATIVE BUILDING ELEVATIONS ~-: G ~~ noari ~ CITY OF ~Tr~~: G1Z Sg-r/6 MOD1'flalTidy RAI~`CHO CUCAVIO\GA TIT1.E:__1C~~ATia1~S PLANNING DIVISIQN GXHIIIIT: ~~ 3C,\LE: ,~ o s c ~ RESOLUTION 40. 85-33 • A RESOLUTION OF THE RANCHO CUCA'MONGA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW N0. 84-46 LOCATED AT THE NORTHEAST CORNER OF HRVE"1 AVENUE AND ARROW HIGHWAY IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) AND THE HAVEN AVENUE OVERLAY DISTRICT WHEREAS, on the 15th day of Oc tther, 1984, a complete application was filed by Edward Flaherty for review of the above-described project; and WHEREAS, on the 27th day of February, 1985, the Rancho Cucamonga Planning Commission held a meeting to consider the above-described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following tan be met: 1. That the proposed project is consistent with the objectives of the General Plan; and 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and • 3. That the proposed use is in compliance with each of the applicable provisions of the Development Cade; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on February 21, 1985. SECTION 3: That Development Review No. 84-46 is approved suhject to the following conditions and attached Standard Conditions: PLANNING DIVISION u 1. The plaza area shall be provided with more pedestrian oriented facilities such as: shaded seating area with attractive landscaping, fountains, public art and/or kiosks, benches, trash receptables and other street furniture. Zc6 DR 84-46 Page R2 2. The landscaping shall have an overall theme with special landscape treatment along Haven Avenue, Arrow Highway and at the entrance of the plaza area. The special landsc aoe treatment shall be designed to accentuate the architecture of the project. 3. The proposed brick veneer shall be changed to split face block for compatibility to entire commercial area. The metal roof shall be of brownish color for compatibility of K-Mart. 4. Trash enclosure shall be designed per the City Standards. 5. Any proposed sign shall be a separate permit. 6. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and the sound buffered from adjacent properties. Details shall be included in building plans. APPROVED AND ADOPTED THIS 27TH DAY OF FEBRUARY, 1985. PLAN ING COMMISSION OF THE C[TY OF RANCHO CUCAMONGA eY•_~ LP..^ ~. Dennis Stc lairman ATTEST uepucy ~ecrezary I, Ric Gomez, Deputy Secretary of the Planning Commission of the City of Rancho ucamonga, do hereby certify that the foregoing Resolution was duly and regular y introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commi;sion held on the 27th day of February, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: STOUT, CHITIEA, BARKER, MCNIEL, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • n U ao~ 0 a n ~.J vYr ~S= E _ _ Tn -uncv ~nlNi+ L ~ - _ -- - (_ - _- o~=~ - _ -_ -a a - c E 3E - sz`= ___ ____ ~_ __ _ _ D$e - _ _ __ __~$ `SS~~~ ~w~u~i c°oem r.cn~uu <su~~ ~' ~ ~ ~I ~le tll _ g _ a = _ - _ _ I = -- 8i __ :7 `ae '_ S a S P` _ _ __ _ _ _ - E _ S ~ u8., ~ <~ ~~ N~ ~~ ~ „~ X08 ~~ ~ -ofr6n 1.3 _ _ q E -_ - - l _ y _rvy) _ _ _ W ^Cy ~_ _~ ~ - 'a' e G _ --~ _e __ - - c -_ - - - ~ _______ 09 - __ _ i~ _ _ ^ _ _ _ N a veo u c v _ ~ - ~ _e$c °'cu = c ~€ -``-tea - c" _eE ~__ ~ e~ ~$ _exa _ .: Y`e _ _ c4E° •s~ - _ __ _ _ _ _ __ _ .2 ____ _ _ _ __ ___ `~c -- ac9 • N • °1 __ - _ -_ _ __ - 'o -_ _~ a aY> -m- _ -__ _ _ - ~S~- _ _ _ _ - _ _ _ ~ - __ ~ 8 _ V ~ _ _- _ --_ c c - _ =EU _ _ _ ____ .' _ _ _ _ _ ~ o ~ - rd _ V _ 0~~ ?g = \ \\N I n n • g~ 3 0 s ~ a€ ~o ~ aN ~ - - _ _ a=_- __'_ _ . --~2q _ ~ 5 I ago 5 _'~<? ~ E ~ l _? 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Ie I~~.- e`_ ml a ~ C s _ _ = g - -- a~ - _= - =-- ~ ~. - -= ~ -- ~= :~ - _ '__ - _ __ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - - _ _ _ _ _ _ ~I _ 5i ~T ~ ~~u „_ nc ~ yo ~I: ° ~~y nrmv no o n wrn rr~ n • STAFF REPORT DATE: October 2, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Bruce Cook, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ETIWANOR SPECIFIC PLAN AMENDMENT 85-01 - CITY OF RANCHO CUCAMONGA - An amendment to modify the Etiwanda Specific Plan, Figure 5-13 "Community Trails" and Figure 5-19 "Pedestrian Trails S Sidewalks", by extending the equestrian trail along Etiwanda Avenue southerly to Nigh land Avenue, and the establishment of anew equestrian trail connection to the Southern Pacific Railroad right-of-way, along the east perimeter of the Victoria Planned Community. • BACKGROUND: The issue of equestrian trails within the Victoria Park Lane was considered by the City Council at their meeting of September 4, 1985. The Planning Commission had recommended that an alternative alignment of the trail north and east from the Windrows Park in Victoria to the Highland/Etiwanda intersection should be preferred to the original alignment of the trail from the park site southerly to the Southern Pacific Railroad right-of-way. In conjunction with this, the Commission also recommended that new trail alignments be shown within Etiwanda, f.e. to continue the existing trail on the east side of Etiwanda Avenue southerly to Highland Avenue, and to establish a new trail to the Southern Pacific Railroad right-of-way along the east perimeter of the Victoria Planned Community. The City Council concurred with the recommendation of the Planning Commission and directed Staff to initiate processing of the necessary amendment to the Etiwanda Specific Ptan necessary to incorporate the new trail alignments. The attached Planning Commission staff report fully describes the proposed amendment, 19L II. CORRESPONDENCE: This Specific Plan Amendment has been advertised as a public hearing in The Daily Report newspaper, and notices were sent to all property owners on whose property the equestrian trails would become designated with incorporation of the proposed Trail Alignment. To date, one letter has been received from an affected property owner, and this was in opposit ton to the proposed amendment. The letter is attached for your review. ~ ~, w.,.,o,~ _~~ a ~Y CITY COUNCIL STAFF REPORT October 3, 1985 ESPA 85-01 Page 2 III. FACTS FOR FINDINGS: Before approving the Specific Plan Ivnendmen t, the Council must determine that the amendment will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposal must be consistent with the intent of the General Plan and the Etiwanda Specific Plan to provide for a continuous and interconnected trail network with linkages provided from the community/local system to the regional system. IV. RECOMMENDATION: The Planning Commission recommends approval of thethe Et~pecific Plan Amendment. If the City Council concurs, issuance of a Negative Declaration and adoption of the att shed Ordinance would be appropriate. Rey submitted, JACK LAM ` Community Development Director JL:BC;das Attachments: Planning Commission Staff Report - September 25, 1985 Planning Commission Resolution No. 85-146 Map of affected properties with property owners Letter from James Clark - affected property owner City Council Ordinance Exhibit "A" - Amended Figure 5-18 Exhibit "8" -Amended Figure 5-19 L I r 1 LJ I 1 lJ a/c - CITY OF RANCHO CCCAbIONGA ~cc.~sioti STAFF REPORT ~ y x' "` ~__~ x 19' DATE: September 25, 1985 T0: Chairman and Members of the Planning Commission FROM: Jack Lam, Community Oeve lopment Director BY: Bruce Cook, Associate Planner SUBJECT: ENVIRONMENTRL ASSESSMENT AND ETIWANDA SPECIFIC PLAN NDMEN 8 -0 -CITY OF RANCHO CUCAMONGA - An amendment to modify the Etiwanda Specific Pan, Figure 5-18 - "Community Trails" and Figure 5-29 "Pedestrian Trails & Sidewalks", by extending the equestrian trail along Etiwanda Avenue southerly to Highland Avenue, and the establishment of a new equestrian trail connection to the Southern Pacific Railroad right-of-way, along the east perimeter of the Victoria Planned Community. • I. BACKGROUND: At the Planning Commission meeting of August 28, 98~the Commission directed that the Etiwanda Specific Plan be amended to extend the equestrian trail from the Equestrian/Rural Area along Etiwanda Avenue, southerly to the Highland/Etiwanda intersection to connect with the trait system in Victoria. (See Exhibits "C 6 F"). In addition, the Commission also felt that a trail connection to the Southern Pacific Railroad should be provided adjacent to the east perimeter of the Victoria Planned Community south of Tract 13027. (See Exhibit "D & E"). This location is also within the Etiwanda Specific Plan, and the Commission recommended that this alignment also be included as part of any amendment to the Etiwanda Specific Plan. The Planning Commission recommendation was forwarded to the City Council for their review at the meeting of September 4, 1985, and the Council after its consideration, then directed Staff to initiate processing of the necessary amendment to incorporate the new trail alignments. II. ANALYSIS: A. Generai: At its preliminary stages, the Etiwanda Specific P a-~ include an equestrian trail along Etiwanda Avenue south of Highland Avenue. However, with its final adoption, the trail alignment was modified to terminate mid-block between Summit and Highland. Within the Victoria Planned Community, the William Lyon Company has recently proposed for s ~,~ PLANNI^lG COMMISSION STAFF REPORT Et i•wan da Specific Plan Amendment 85-01 September 25, 1985 Page ~2 their Tract 10327, an equestrian trail contiguous with the Victoria Park Lane equestrian trail that will terminate at the Highland/Etiwanda intersection. This additional trail alignment proposed within Victoria now provides the opportunity for a trail connection from the equestrian/rural area in Etiwanda through Victoria to the Regional Trail System. For both the new trail connections proposed, the properties the new alignments would he dedicated from are all large, unimproved and unparceled lots. Therefore, dedication and improvement of the new equestrian trails would be accomplished as development occurs. The goal of the Generai Plan and the Etiwanda Specific Plan is the development of a continuous and interconnected trail system with linkages provided from the community/local system to the regional system. The new trail additions proposed as a part of this amendment are the necessary alignments required to link equestrian areas in regional and community equestrian trails within Etiwanda with Victoria to help forma continuous trail system. • B. Trails Committee: The Equestrian Trails Advisory Committee reviewed this proposal at their meeting of September 18, 1985. They approved of the new trail alignments and have recommended adoption of the proposed Specific Plan Amendment. III. FACTS FOR FINDINGS: Before approving the Specific Plan Amendment, the Commission must determine that the amendment will not be detrimental to ad,l scent properties or cause significant environmental impacts. In addition, the proposal must be consistent with the intent of the General Plan and the Etiwanda Specific Plan. IV. CORR ES PONOE NC E: This Specific Ptan Amendment has been advertised as a public hearing in The Daily Report newspaper, and notices were sent to all property owners on whose property the equestrian trails would become designated with incorporation of the proposed Trail Alignment. V. RECOMMENDAT101l: Staff recommends that the Planning Commission review all elements and input regarding this proposal. 1f the Commission determines that this Specific Plan Amendment is consistent with the Facts far Finding, then issuance of a Negative Declaration and adoption of the attached Resolution would be appropriate. PZ a~A PLANNING COMMISSION STAFF REPORT Etiwanda Specific Plan Amendment 85-01 September 25, 1985 Page 73 I1 LJ Respectfull/////y'''''''submitt ed, I a Cam Community Development Director JL:BC:cv Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" • Exhibit "F" Exhibit "G" Exhibit "H" Resolution Exhibit "f" Exhibit ",]" - Figure 5-18 -Existing - Figure 5-18 -Amended - New Trail Alignment - Trail "A" - New Trail Alignment - Trail "B" - Trail 8 - Area Location - Community 7rai1 Connections - Community Trail - X-Section - Community Trail - X-Section lecommend ing Approval with attached Exhibit - Existing Figure 5-19 - Amended Figure 5-19 P-3 ai9 ~. ww•••••••~i1w•••••••rw•~•=ww•w•MM•S~ M••~.~•~~r•w ~ ~ / I I ~ w~... •~ - j' wwww.ww~.w.....www• ~a ~ _~ w~: '`\_~]~~~~~.~~, ~ Hoare ~t= ~ ~~~ I~ ~ =~ ~~. _.YICiLPU ~~ __ ~ r•• i~iCnm aVE ~ ' •/ i.BN 11+f ~::~; I n u.uw o50V=~EPn ~PaC Fla yewwA•o w•_w•w•w 'I ~. e~w J9d5FLHE ~I 1 •i ~I~~ J _ i /~ i~~ - ••••••• Equestrian Trails s ~. 3 ' -oP ~ ~ ~' •,: !+_ce e~e.,~ ~" •.• ET._S! 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' u.ninu n i r. i i~ ,I ] ~ ~o f'.'. ~I ~~ ~~~ , ~ . ~ ~F~~ I '~ . __-- ; o ••••••• Equestrian Trails c ll /Q '; ------- ~ .-.- Bike Lane pn Pavnmen:; ~ ~i ~ ~ -'Bil(e Path (In Parkway) ~ .. /' L~ it ~~ ~ ~nu c:vo _ I ~ I .~~~w i~w. .~ J ~. _ . ____-- -._._ __ - t, _ - rtle <~ rn fi .u _ _ . - - _ •; COMMUNITY ~ ~€ ~ ~ TRAILS ~ Es = - CI'i Ir QI' ' ITG\I: rr~jp ~-OI • RA\CHO CL G1JI0\GA TITLE~MI~~ ~ r ~ ' ~ ~ ~ a. TIa ~Lr\~\I\ G D(~'LSIO~` E\II(CIT~.~_SCALE+ ~- ~ 1 city of rancho Cucamonga STANDARD ~, ~ DRAWING ~ ~OECI/+TIOM h~ 1 O I~' ~1 (~I , ' I ~iTPEPT .r ' :Twv. GONC. FEl+c~ `cuf8 µv GL+TTCR yyyy- -vOlnf,l c.=. ~'~V ~r,'IVTN J~ PL'V+T?I-/.tiFA TL+.L F..~.O _ _ p~~V.'/-whY VACI r.~. 8~F_ PtleN VIEW. >wupw -: ~G~..-..may ~.. ._v, I I .,.o o~L-. Icoe i '- ~ I~.~~r.,l~i. ~ ~~ I TwIL ~= c ~ i ~__ yTT,. r's~ n. la~o r~,ES. . EcGr~ 4Yl CO'N a~% 2M.~LL eC PLM1ryTEO WITH 2 LPO.~},YT TJ~E.V ryY -,CCES. 3. h1. L. Y/'nT-"~ I=EA3 6Hh LL BC PLAr1TEV P.'I`.WAT I TP/'.1L (L 1 O I I WITH IPCTJ+1 $.. r};IEIIC4V~ (/!.i p WF.f 1:) ~j°U.<:. E. T^E Pi UJGK WILL SHALL EE PL^~"rTe(i IV IT.I ' yac Tn I L ' n LIt ECY~Hi FL ,'(K4O punhA) l'i':i~L. 2o_~ lo' 25' 4'.' m~' 1 4.5izee;T -a Er:, sw LL .e. ¢,y o.c. T.lv~ iC.'= PV-n TS AFE P:^r+IITT E~. PJi= Sf-'.~U N,'--I C~L2L Nr~i-L', °iIaRFA'_~ ~*f-f [' JTt IG F- ~hF11FIGAY'-01-fi, ,cl=. TLIL' O'n-IEN- 611:=. Of- Tr n:: 6H~C'{'. ~~~,~!/~7 ~•~•$3 ~ COMMUNITY TRAIL: PARKWAY 20' ~ 1002 elh •nem..r cs.L pJee9 an. I CI'I~Y' 01' ITe~I: _E~-P ~ D1 R:1\CHO CL'G1JI0\C.1 '' TITLE ~1C~NdlT(SQE~I._ ~(. PLA\\I\'G DI\'ISI(>.V L:xI{If31T ~ ~ SC,\LE • ~-I~ a~,6 city of rancho Cucamonga EXTR:ICE~ [oNG FF NC GRhl4. 1010 • STANDARD DRAWING -s o~..NT=c E~ FIN ISH SL1KF`~-E ~T LINES TYPICAL SE~TIOrs .;~T~. HO,N,CD.N., E•¢ oR D2O°lJP°? CI~N ~'~TAL~.. AST i;,c~A-= Fish= UIL lof LINES i~;AL:. ~ ~EFlyc -'C+.:~ F/~SF "!F.NT• 5~- e' GATE FE4v;?EO Af fX.M LnT. STD D~:hi IU!i j ~ ~.~ ~ \ / ~ ~ /_~ I ; h . fEncE ~/ ~~ ~ ~ ~ '1RML 7p' FENCe PLAN i(~-~~vxuNES ' MOTO~ ' SOP- C{C'~IN4, bPP+N"4E, SUFFKE. s+,lo OTHER Spec Fl ~TIONS~ SEE 711E OTHER ~jICE of TNIS Sn EeT ' COMMUNITY TRAIL:' INTERIOR i 1004 ae~a cI'rY Or RA\CHO CL'Cr1~f0\GA PL~L\NI\G DIVISION ITr~I F_SP g,~.nl TITLP~~V,t_~ ~~-'~(' vZloe e~I nrn•. • sc:u,~: P- ~ i aa~ C C L s~ Tn I~ _, VK*C~u vnriRii N4~ i:; ~(~ ii _..~_~ is o. BASEL4E 1~~ ~h`- YIi V G~ I. r I I. / __^ _ //I/ ~ x'69 ~- r .- ~; ~ / 7%; IMPROVED SIDEWALKS ' ~ ~~ One Side Qnly Both Sides ~__~ 4iking /Pedestrian j Trailsa~muea,m„a..mE~,,, i. ~~ o~„ ~S DEWALKS. rJ_1 EXISTING ~~( ~1~41rIT ~~~~~ n ~~ • z. Ci_44IY~ smania ~~ ~_ ;~ -.._tJ.'. F. tN~l 5 ~ J r i a~ ~~ ~~~ P~tP+~ i~ _~_;_.r. ~ -- ~~ ~_ / ' '~ .__-_ --_~// l- ~ ~~ w ... air ! ~.;.. .._ -~ ° ,,A IMPROVED SIDEWALKS x - C ~i ~y „fin a': C _.-J I - -- S ~ ~: ~~ One Side Only Bofh Sides _ Hik!ng /Pedestrian ~~ ~ Trails~t,m~r<a imo.4.emnn~s i ___ ~~ fide ~ ~ ~ figure -"'- I- PEDESTRIAN 'TRAI~s & 5-19, °~~ SIDEWALKS ________ Vi S AMENDED T~,~~~q~-r ~I~ I~ xa rH ~ V~ v t naw ~pu~@rlan Irslla- ~.. •A" ~ _~ -^ //~- i// __~i jvwnuw ••••••• Equestrian Trails ^-~+ Bike Lane Un Pavement) Bike Path (fin Parkway) t I u z COMPAUNITY c~_ ~ a TRAILS ci~rY or IT[.( S _ R:1\CHO CLG~\IO\L:1 TITLe: . $' ~.ME~ PLAN~I~G DI\rLS10~' exI ilrir. ~ _ sc.al_e. Ex+~~~~-r Q P- ~ ~+ X30 • J 1` qpn .. ...............:......... '~. ............:».. . ............................... ..c.. W6..,1 a~'~a tiar~i II:} .0.. I .~.:;~.n f ..©. V ~=-.x-9 i ! "Per a u ~ •• n.c • . e.. C:J a {~,~~i ~Il il.t.;i' ~/ 1~I.~ ! .. ie ..' ~ roe¢ tf.• • O rz ~0 .~ ra ,.:. n 11 10 w.c row .~ I .o Is .o ~c u.c "ll .................. """"""""" EXISTING EQUESTRIAN TRAILS ~k*~k#ffi~k PROPOSED EQUESTRIAN TRAIL L n ..r wl-,. +ua .,. , ----4r- fl~ c ; 'J J ,,~ ~ tr. G .~,.:.,, Ifi _~~e~~~ I~ Ir P~'ORTI'{ CIT~k' OP {TC~I ~1F~'S~ ~5-G.1 IZ~~~CI"IO CL,C.'~~IO~Gr~ TITLE: ry~l„_~ `~I ~1LL/ ~M~~T PLA\\IXG DI\'ISIO\ G\I IIGIT~ SC:\LC EX~I~~,T A P- ~ s TT 13027 - VICTORIA ,.. VIC iO RIA ~PfODOaaA •yu HlrYen tls all .Q 2 ~ e .o .e ~~ Q IC F 0 O a l7 O ~ • ~ sss ~c Aaalynab~ community '~ 1 93 aG B rsi.sc ~q rallroaJ~DaA v ~-~ ~ ~;i i i n ~J i ~; ~_~_ STREET ~-I- '' p y, wo .O~t ~ j W 1 1 O Q ~' v c 2 ~ S °3 ~^ V V n'ORT11 CI"I'Y OF RA.\CHO CCCr1~I0\GA ITL~~I~ ~~~~-- ~ -- TITLE ~~hl Z"pa1L d 3~ t -- -# PLANNI\'C Dl~'ISI0~1 G\I IIhIT ~_SG~LE T¢~ ExN-biTA P ~~ a31 -__ i s SLVV-~-- -T~~ ^ I • ° n tpvE ~ -.vue~...c - - ~~~ __, ~A ,.~ ~--- _ 1 ~~__ i // . ~~^, / ~~. Vhf'^Pia cvE -: ,,, ~ //. i /. ~/ ~~ -_- _____ , ~ IMPROVED SIDEWALKS ~~ One Side Only Both Sides ____ Hiking /Pedestrian Tral1S 1l imnea improvemems .' ~ 1i ' ~ ` _ I _ _ Title - - - (iguie ~r tl ~'; jPEDESTRIAN YI ISDEIWALKS 5-y9, i - - -- _ _ EXHIBIT "B" s,~ J.! S1 A T 1_ • ,~~~3~9tn4~~r~~e~ vr~~4w~W ..............•.......... ~ .......«.•. ..~................. ~~ ..... ~~ O `l ~ V I ~~ Q 1 (~ ,-~ ~ i `~- I ~ ~~ Ir B v 191 C;' .ry^ ~i i i .r,. p ~ ~ ..,,o,_„_„~ .,. o ~ " io ro.c .o< ~ L' rl AGN 225-1 1-11, 12,13,19,2021 ~,~--T,-- • Property owner: Electric C~ntrol, USA C' ~ I o a3 eo o: I „e.<~ IF j W IV Y ___ I ~ I T"' II~(,HLL.VJ . J `~~ i AVE'IVE--: I f/ •••••••••••••••••• EXISTING EGUESTRIAN TRAILS 'k~k##~k# PROPOSED EGUESTRI N 'RAIL ¢~ e~-~~ ~~~~-~ Owrr~~~s C ~ nc,I;rH CITY OI~ 1TL~1: FSP A~-q RA\CHO CL•G1~I0\G.1 TITLe'.deu '~'R1,~ A~,_ I..,,~ ,.,~ PLA`~1\G D[\'ISIO\' cunrlr: ~~ SC,\LG T~« "A„ a3Y TT 13027 -VICTORIA .K. __-- - ~ '+ ~* APtI 227-041-12,18 i j ~, * i •~*~I. iF . ~. i ~. ..., , - ~ ~ Property Owner ^' i• .~• Florence N. May '. ~ ~• i*E VICTORIA STREET • t fE _a propa~~C •puHUlan t •11 Q+~ 2 6 ^~ ;'Q ~ APN 227-101 -4,5 O ,0 Q ~ Y 1 a 1 1 ~ Qi E O iom ff¢ . ° Praoert Own r 0 <+ James Clark Tr William Pea son f 1 ~_e APY 227-101-12,1 f f Property Owner t James Meek ~: f O n a T 1 g r1f Yr. 1tIACYQ, ~ , . Q• O Aaal~nalaE cammu'nl~t~x I~r~arll ntan9 raliroaE eaa ~ ~ S 3 ,......»~ ;,;ren:: ::'~,-;~ :T~.~. f:~^ 7 S- ,.30~"`,';Zf#~,a'v"-•-IZ `e »w. _ ~` AFFe.~-«o ~P.oQaR.r~ t/t..4.At.~~s M I~OfiTFi crr~r or lTl:~l: ~~~-o. RA\CHO CL'CAJIO\G~\ TITLE' ~1,,,1 T~LS1t. dLIL~-M- tT PLA\;NI\'G DI~'LSIO~I E\HII31T' ~'~rt SCALE' R n ~~~ C3 ~ 3r 9-z~-Cs iPgNC//i: CNC~MONG/! ru1wN/v! ~-+~MM,n Si ~,~ ES• ~~=~~ S,, // ,c-oc/aTFO f7T /H =~ S- W. ~ ~.e~v~~ ~ y7 D~ ~T/WAN,OA ~v_~ />NO (//GTG/jJ/,1. wG ~/~Y di~7uusE0 %o i/i .= ~i,~aP~siG /C C7i ~/~S TR//J,/ //IAIL ~2oti TNT .s./~, ~/.1JL L/F/'/ //.'ll C/t5 /vv.P7'//YV /I ,F'O /~ T/E ~~<,F.udp TNT ~~Y~/T/o./ (.// n ,'~ /~ ~i.~.v,,vb.CS 73/[7 1 l/~L Tiirr T~~c j r.a JL SYS TAM / ~" !Q1/nSQ =~'~' ~ J T//r ~ cTU/~J/1 /~~.v ~i(~/tL ~T/5ay `_ yvy/z5 ~RUL'/ /~ CRY Of RANCHO CUCAMONGl1 /7, ~ ~OX //<~ -UNNING DIVISION / {~ SEP 241945 LT/wn.~o/% Cam. ~ ~M 9/7.5% 7~Si9~10~11~Yt~1~2~3~4~5~6 13~ . ~ RESOLUTION N0. 85-146 A RESOLUTION OF THE RRNCHO CUCAMONGA PLANNING COMMISSION RECOMMENDS NG APPROVAL OF ET IWANDA SPECIFIC PLAN PMENOMENT 65-01, TO MODIFY FIGURE 5-18, "COMMUNITY TRAILS", ANO FIGURE 5-19 "PEDESTRIAN TRAILS AND SIDEWALKS" WHEREAS, on the 25th day of September, 1985, the Plann'.;;g ;.onmission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code; and WHEREAS, the General Plan and Et iwanda Specific Plan goals are to provide for an interconnected trail system; and WHEREAS, the proposed amendment wilt provide for a continuous equestrian, trail connection from the Equestrian Rural Area south to the future trail system within Victoria and along the Southern Pacific Railroad line. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: • 1. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatihility with existing land use in the sur~ou nA ing area; and 2. That the proposed Specific Plan Amendment would not have significant impact on the environment nor the surrounding properties; and 3. That the proposed district change is in conformance with the General Plan and the Et iwanda Specific Plan. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environment end recommends issuance of a Negative Declaration on September 25, 1985. NOW. THEREFORE. BE Ii RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 25th day of September, 1985, Etiwanda Specific Plan Amendment 85-01. X3-7 PLANNING COMMISSION RESOLUTION Et iwanda Specific Plan Amendment 85-01 September 25, 1985 Page 82 • 2. The Planning Commission hereby recommends that the City Council approve and adopt Et iwanda Specific Plan Amendment BS-O1, as shown in Exh i6 it "A" and Exhibit "B", attached hereto, 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPRO'JED AND ADOPTED THIS 25TH DAY OF SEPT'eMBER, 1995. COMMISSION OE, THE CITY Of RANCHO CUCAMOYGA BY rman I, ,lack Lam, Secretary of the Planning Commission of the City of Rancho • Cucamonga, dp hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted 6y the Planning Commission o' the City of Rancho Cucamonga, at a regular meeting of the Planning Conmisr.on held on the 25th day of September, 19B5, by the following vote-to-wit: AYES: COM:1I $SIONERS; CHITI EA, 6ARRER, MC7JI EL, RE'1P EL, SLCIJi NOES: COMM[$$fOtJERS: NOIJE A35 EJ T: COMB ISSION °_RS; NONE C y7R J. L_ ».7 . ~. ....mx~'9ro} ~•~o~~3i»... ...C... ... ::ice' :::::: ...........I-..........:._ » i i w i.l. a ~ ~'~ I C, a`' "' r.< z i 7 {... ~ ~, i .., .. .,,. .(:i '~ ~~ .~. _ ~ __ ~~ . e.~- ~, `, 191 GT ~~ i o ~ ~ ~ ~ ,. ;_~ .,< , , ~ v ~- ~ II n Id e,: ~ i s ~6 W'Y I ~`a' ...~ , r -••••••••••••••••• E%ISTING EQUESTRIAN TRAILS '#***** PROPOSED EQUESTRIAN TRAIL ' C,~ \liRl'li CLi,~' OP Irr.~l ASP ~j5-a ,~ R,1\CI-IO CL'G1~I0\GA Trr~e..>c1E_u_T~,u~ A, ~,~r~E~~- PL,1N,yl\'G DC\'ISIOV e~nnuT. Sc:~LeSp~t~~3. -; , ~- SV4MT.yE ~ I ~-- za _- '"~ PcvrE o~' ^ _ i~ M~CJ~IFn'0 AvE ]I _ - / ~ new e0usltr lan trella = / ' ti E ••/ ~~ ~ i P4 FR f g •~ ®f••o>mm•.~l.m~.nY %` ~ •\wn ~~.i~ i iii E ~•• wv~•~i i. /~. .ago ~^~r~I ~ •~ ~~ I/l ^f jl «...4 ..S£'J^'fnwoC, ...•f....•«•«.•••« - ~ ...•w• ~~J ~ Uu"J - - ~ J l = / ~ .- y ~..., jr . IP9`-U_}E ,I J j l ¢ -_ E\" I° ~ - - • ••••••• Equestrian Trails ~c \ 9G1F ~' v ~E_ 11 _.:_ - -1W _- •?!R! B' Ike Lane I (n Pavement I ~~ ~~ ' f• Blke Path (ln Parkway) ~~'y~~~ = ~ _ ~~ ~ ~~~ _ ~~ / / I ~ ' 'title -~~---~-_-- figure .PPOwwwr COMMUNITY 1j-18 ' 4= o ~ TRAILS CI"1'Y OF ITIi.~I: ~Sj R:1`~CI-IO CL'G1J10\L:1 __~ TITLE: ~~L ~S ~ r1E ['L~\~,'\'I\G DI~'1SIQV CXI ilrnT. _ _ SCALD ~x+~-~s~-r Q . yo TT 13027 -VICTORIA ~ - _. i . . ~~ I _ { * .., ~.. * .... * ,. c i I ~ „ * - ' ' , i VICTORIA STREET 1-~- I 6 ~J l a C~Propo..d •p o..tr Yan t rau O e w O i a O ° ~ . i Q > g I O s e ~ r ~ O .o c I as<c • N 5 H ~ 1 G _~., C, r /~~ ~ ' l'S' i l s ~ B ees .e etiae uq Q ~a e daaynabd community Iralllalon9 wOroad~Dad ~ I ~ ~ ~ .... kl. .. :::09!:6 ~:.xS~ SS ..........:.:.:............ ........ 1t )RTI I Rr~~c~"~o ct ~~ C 1U~~ t~ I . . ' , TITL(:: fi ~ TP->n11.-NLL ~K.ii;.w'~' PLnNNI\G D[\ ISIOV e\I IIBIT: SG>,L[ Sp~11.~,Z Ex N i b 1-r A z4i • ORDINANCE PB8-97~039~ ,2~3 AN ORDINANCE OF THE C[TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRL IFORNIA, ADOPTING ETIWANDA SPECIFIC PLAN AMENDMENT 85-01, AMENDING FIGURE 5-18, "COMMUNITY TRAILS", & FIGURE 5-19, "PEDESTRIAN TRAILS & SIDEWALKS", 8Y EXTENDING THE EQUESTRIAN TRAIL ALONG THE EAST SIDE OF ETIWANDA AVENUE SOUTHERLY TO HIGHLAND RVENUE, & BY THE ESTABLISHMENT OF A NEW EQUESTRIAN TRAIL CONNECTION TO THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY ALONG THE EAST PERIMETER OF THE VICTORIA PLANNED COMMUNITY The City Council of the City of Rancho Cucamonga, California, does ordain as follows: Section 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a puhl is hearing held in the time and manner prescr ihed by law, recommends the Amendment to Figure 5-18, "Community Trails", and Figure 5-19, "Pedestrian Trails and Sidewalks", of the Etiwanda Specific • Plan as hereinafter described, and this City Council has held a public hearing in the time and manner prescribed 6y law and duly heard and considered said recommendation. B. That this Specific Plan Amendment is consistent with the General Plan of the City of Rancho Cucamonga. C. That this lvnendment is consistent with the objectives of the Etiwanda Specific Plan. D. This Spec iftc Plan Amendment will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: Figure 5-18, "Community Trails", of the Etiwanda Specific Plan is here amended as shown in the attached Exhibit "A", and Figure 5-19, "Pedestrian Trails and Sidewalks" of the Etiwanda Specific Plan is hereby amended as shown in the attached Exhibit "8". ~ ~~~. x,41 C ~. =3 C -, ~ r, ~~~ ....«.:.......rf~_ /•~/,_ -. r S~ j - W, W = ~i g' ~= EXHIBIT `A" av~ ~,~ ,, »•«•• Equestrian Trails ~ Bike Lane (in pavement) "- Bike Path (In Parkway) COMMUNITY 5-1 TRAILS ~/ x~1H II ~ ~ m='~ ~ ' E // i~ =__ ~G. ---- II 5 _,~ -I;,<,, .~YKTOPU I/~ ~ ~ ~ ` //; ' CFPFTpNC\ ~/~ _ ~~_ ~[P(Tf PU EVE 1 J ~ 1 I II ~ I . _ _ _ ~-j 1 ~~ IMPROVED SIDEWALKS ~+d'' i ~ One Side Only J~~.~E _ W j I ~ Both Sides i. ~~~ ~~~_ Hiking /pedestrian ~_ / i~ Trall$(LIm11e0 lmprovemenlsl ~/ // .~ ~ _ l~ ice/ ~ 'i Y~ ' i ~ ~ ~~ eneo~nw ' _ i1_ /title figurt ~''~ II >' j PEDESTRIAN q~ ~ a'!' (TRAILS & 5-19 ~„ ~ ~ SIDEWALKS EXHIBIT "B" a4Y rrmv nc n n trrvn r>• rr n arnwrr n • STAFF REPORT 2~~~'-'9. '> x ~_ F - ~ f lU GATE: October 2, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Director Director BY: Curt Johnston, Associate Planner SUBJECT: FOOTHILL BOULEVARD CORRIDOR STUDY - INTERIM POLICIES - Adoption of Interim o is ies to be app red to development projects along Foothill Boulevard prior to completion of the Foothill Boulevard Corridor Plan. BACKGROUND: This report is provided as a follow-up from Che September B, 1985 meeting at which the City Council reviewed the Interim Policies for Foothill Boulevard and requested changes as discussed below. The purpose of this meeting is to formally approve the Interim Policies by adoption of an Urgency Ordinance. As provided for in Government Code Section 65858, the Ordinance will become effective upon adoption, but must be extended within 45 days. As required by State law, a report will be provided for the October 16, 1985 Council meeting (Consent Calendar) indicating what actions the City has taken toward completion of the Foothill Boulevard Corridor Plan. A public hearing must then be conducted on November 6th to extend the Ordinance until final adoption of the P ian. As requested by Council at the previous meeting, Policy B.3 was revised to allow automotive repair, tf re sales and service, and truck and trailer rental, sales, and service with approval of, a GUP by the Planning Commission. The above uses, however, are not listed since the Development Code already permits these activities with a CUP and Policy 6.3 is provided to highlight only the exceptions to the current code provisfons. The land use matrix attached to the Ordinance was revised to reflect the CUP requirements and statements were added to Policy 6.3 to reference the chart. In addition, statements were added clarifying that expansion of existing uses shall be allowed subject to the provisions of the Interim Policies and Development Code standards. q copy of the revised Interim Pnlic ies with the corrections underlined and previous staff reports are attached for your review. s ~4> CITY COUNCIL STAFF REPORT FOOTHILL 30ULEVARD CORRIDOR STUDY -INTERIM POLICIES October 2, 1985 Page 2 • II. RECOMMENDATION: The Council should conduct a public hearing to consider al input and elements of the project and adopt the . attached ordinance. ily submitted, ty Development JL:CJ:ko Attachments: Interim Policies September 18, 1985 City Council Staff Report \_ J U ~y~ (DRAFT: RE`lI SED 94 C.C. 30-2-85) INTRODUCTION +,~! ~;. j FOOTHILL CORRIDOR INTERIM POLICIES The following Goal Statement and Interim Policies are provided to guide the decision making process during Dreparation of the Foothill Rou levard Corridor Study. The policies address basic land use and urban design issues unique to the Foothill Corridor, and are intended to be applied in conjunction with the Deveiopment Code, whichever is more restrictive, unless specifically addressed by these oolicies. The boundaries of the Study Rrea include commercial, office, and residential properties along Foothill Boulevard, ranging from the west city limit at Grove Avenue to Deer Lreek Channel, and from the Oevore Freeway to the east city limit at East Avenue (Exhibits A-I, A-2). 60AL STRTEMENT Goals define community aspirations and intentions. The following Goal for Foothill Boulevard attempts to synthesize a complex set of issues dealing with land use, ur6 an design, traffic and circulation, and economic viability into a comprehensive, understandable and achievable statement. To establish a high quality, attractive, and unifying design image reflective of Community heritage, and provide a viable • setting for a balanced mixture of residential and commercial activities with safe and efficient traffic circulation and access. Based on this goal, the following Interim Policies are provided to address development related issues during preparation of the Foothill Corridor Study. a4~ INTERIM POLICIES • A. General Reau firemen is Preliminary Review A.1 Prior to processing Develoomen t/Design Review applications within the study area the Planning Commission shall conduct a Preliminary Review to determine consistency with the interim Goal and Policies contained herein. The intent i5 to provide direction to the applicant and staff early in the review process and avoid undue time delays or expenditures. A.2 Submittal requirements for a Preliminary Review shall include a Site Utilization Map showing the relationship of the site to surrounding property and improvements. a conceptual Site Plan, and a description of the proposed use. Additional information may 6e requested as deemed necessary by the City Planner. Time Limits/Extensions A.3 Approval of development proposals, • except su 6div is ion maps, shall lapse eighteen (18) months from the date of approval. The intent is to allow early re-evaluation of projects not yet constructed for consistency with the adopted Foothill Corridor Study or other then current City standards. A.4 Time extensions for any development proposal within the study area subject to a lapse of approval may be granted, in twelve (12) month increments and not to exceed a total of four (4) years from the original date of approval, subject to any inconsistent provision of State law, and the following findings: a. The proposed land use, project design, and conditions of approval comply with all applicable provisions of the Foothill Corridor Interim Policies; The project is consistent with the • policies, standards, and requirements in effect at the time of the extension, aY8 - c. The granting of said time extension will not be detrimental to the public health, safety, or welfare, or materially injurious too properties or improvements in the vicinity. d. Current economic, marketing, and inventory conditions have made it unreasonable to develop the project prior to this time. Compatibility: A.5 All land use and development proposals shall 6e comD ati6le with ultimate uses on surrounding Droperties, particularly residential uses, and mitigate potential conflicts to the extent practical, Mitigation measures may typically include, but are not limited to, Master Planning, transition of building height, architectural farm and density, landscape buffers, sound attenuation, reduction of wind turbulence, visual barriers and/or grading conditions to disrupt line-of- sight concerns, and alternative . circulation and access. B. Land Use: The intent of the following policies is to provide a viable setting for a balanced mixture of residential, commercial, office, and other activities of community wide significance compatible with surrounding land uses. General Plan Amendments 8.1 Applications for General Plan Land Use Pmendments are discouraged. Prior to approval of any such amendment, however, the Planning Commission shall make the following findings: a. The proposed amendment is clearly consistent with the intent and purpose of the interim policies for the Foothill Boulevard corridor. b. The proposed land use is compatible with ultimate uses on surrounding property. c. The proposed land use will not create significant traffic or circulation impacts. ay9 d. The proposed land use will not be • detrimental to properties or improvements in the vicinity. Development Districts Amendments 6.2 Development District Amendments boundaries may be considered if consistent with the General Plan Land Use Element and Interim Policies, and where necessary to achieve more logical and efficient land use and site planning patterns. The intent is to allow flexibility during the Master Planning process and provide a tool to achieve the objectives of the Interim Policies. Land Use 6.3 Current Land Use regulations within the Study Area shall remain in effect, except that the following limitations shall apply during preparation of the Foothill Boulevard Corridor Plan. The purpose is to avoid land uses which may have adverse aesthetic impacts, until such time as design guidelines and technical standards are established to deal with specific areas of concern. A . com lete list of ermitted and conditions y permitted uses is rov ided on the attached Interim Use Re ulations for the oothi ou evard orri or, xisttng or previous y approved businesses and buildings shall be allowed to continue under current regulatory provisions of the City. The following new land uses shall not be established in Lhe Office/Professional and General Commercial Districts within the Study Area. Ex ansion of existin uses identified below sha 1 be a owed sub ect to the roves :ons o the nterim oficies for th~l~ oulevard Corridor and Oevelo ment Code t an dards. - Animal Care facility with exterior kennels, pens, or runs - Cemeteries - Contractors Yards • aro - Equipment Rental Yards • - Ice Machines (outdoor) - Mini-storage for public use - Recreation Vehicle Storage Yard - Vehicular Storage Yards The following new land uses may be esta6l!shed in the Office/Professional or General Commercial Di st rids within the Study Area (see attached Interim Use Regulations), subject to the approval of a Cpnd ition a_1 Use Permit. Carpenter Shop ar Cabinet Shop - Drug Stores and Pharmacies (CUP in OP District only) - Nurseries & Garden Supply Stores - Plumbing Shop and Supplies • - Second Hand Stores and Pawn >hops - Spiritualists C. Master Planned Development: The purpose of this section is to provide for integrated development at the earliest possible time in the review process. Master planning of defined areas will avoid development of single parcels of land in a manner which prevents or precludes future development of adjacent parcels in the best way feasible. The specific intent is to recognize and solve proh lems before they occur and take advantage of opportunities while they exist. Master Plans Required C.1 A conceptual Master Plan shall be required for Planning Conrtniss ion review in conjunction with development proposals wherever necessary to assure integrated development, enhance harmonious and orderly development, mitigate site constraints on adjoining property and maximize land potential. Boundaries/City Benefit C.2 The area of Master Plans shall not be confined by individual lot lines, but determined by logical planning boundaries and site conditions as required by the Planning Commission or City Planner. Master Planning beyond d~-/ the boundaries of spec if ir. project sites is intended to benefit the City • 6y coordinating land use and site planning to enhance opportunities for quality development consistent xith the standards for Foothill 3oulevard, de- emphasize "strip-commercial" by treating organized groups of st n~c to res and uses, and provide for efficient utilization of land, Content C.3 AL a minimum, Master Plans shall indicate conceptual building locations and orientation, overall circulation, paints of ingress and egress, parking lot layouts, transit stops, landscaped areas, and pedestrian nodes, and circulation. in addition, the City Planner may require other information as deemed necessary to assure consistency with the int en*. of these poiic ies. D. New Development: the intent of the following policies is to establish a high qua city, attractive and unifying design image which promotes a sense of identity and • reflects community heritage and to provide for safe and efficient traffic flow and optimum vehicular and pedestrian access within the corridor. Architecture D.1 The architecture of new construction shall be sensitive to the heritage of Rancho Cucamonga and relate to nearby structures of community significance. Design elements may include, but are not limited to, river rock/fieldstone walls, exposed beamwork, vine arbors, curved parapet walls, and covered walkways or arcades. D.2 All applications for new development within the study area shall include a written statement of architecture' intent indicating how the project is sensitive to the heritage of Rancho Cucamonga. Pedestrian Orientation 0.3 Site planning, including building orientation and parking lot configuration, shall enhance pedestrian connections on- and off-site. A continuous pedestrian system is required in all new protects with • connections between buildings, parking a~> areas, street adjacent sidewalks and • transit stops. Amenities shall be provided such as plazas, shaded seating alcoves, expanded walkways with surface treatment, tex turized pavement across drive aisles, raised planters, trash receptacles, and drinking fountains. In addition, outdoor eating areas are encouraged. Combined Access D.4 Through the master planning process, driveways onto Foothill Boulevard shall be coordinated for consistency with existing City access policies (i.e., 300' driveway separation) to the extent practical, regardless of parcel width. Public Transit D.5 Public transit facilities shalt be considered within all master plans. Convenient pedestrian access shall 6e provided from designated transit facilities, such as bus stops. Stree tsc ape Design D.6 Streetscape design elements for all new projects shall be coordinated for consistency with the guidelines for . Foothili Boulevard in effect at the time of development, including intensified landscaping with specimen size trees, berming, and meandering sidewalks. In addition, street furniture and alluvial rockscape and monument signs may be required where appropriate. Landscaping D.7 Landscaping shall be designed to create visual interest and variety to the streetscape, enhance building architecture, buffer views of automohiles, screen utilities and service areas, and distinguish pedestrian spaces from vehicular areas. E. Non-Conforming Lots/Structures: The purpose of this section is to allow continuance of existing uses and buildings under current conditions, and promote consistency of design and technical standards throughout tf~e study area at the tfine of development, conversion, ar redesign. Master Planning E.1 New development and/or conversion of existing residential buildings to a new use is permitted on non-conforming lots, provided such development is an as3 integral part of a Master Plan • development consistent with the Interim Policies for the Foothill Boulevard Corridor and Development Code standards. The boundaries of such a Master Plan shall be determined 6y the City Planner per policy C.2 above, and should provide for consolidation of substandard oarcels. Landscaping E.2 Regardless of parcel depth, all need development shall provide a minimum 45' building setback and average streetscape landscaping (measured from the ultimate curb face location) on Foothill Boulevard. E.3 streetscape landscaping and irrigation shall be required to the extent practical in con3unction with su hst antial reconstruction, renovation or exterior remodeling of existing structures along Foothill Boulevard involving the issuance of a building permit. • asH ~~ tinRTfi ci~rY of ITE,f: ,~.,~.~ ~- R,'~~C~ CL~~I~~~i:~ TITLE: S711~A~SA AnM.M~Y PLA.`~iI,VG DI\'LSIOVL\HInIT ~L SCALES art G X~ )lire I CITE' OF a.~\CHO CL'G~~IO\G~ PL~L~tiI\G DI~'L510~ TITL.C: FAO/%IAiL~ l~At S~I4 • ESI IIIIIT: ~~ SCALE: ^~ ~S6 ~' ~ (DRAFT: REVISED BY C.L. 10-2-85) • Development Code Interim Use Regulations - Foothi8 Boulevard Corridor Study Area Uses listed in this Table shalt be allowable in one or more of the commercial districts as indicated in the columns beneath each commercial district. Where indicated with the letter "P", the use shall be a permitted use in that district. Nhere indicated with the letter "C", the use shall be a conditional use subject to the Conditional Use Permit process. In the event there is difficulty in categorizing a given use in one of the districts, the procedure outlined in Section 17.02.040 shall be followed. INTERIM USE REGULATIONS POR COMMERCIAL/OPFICE DLSTRICTS USE OP NC GC A. Offices and Related Uses 1. .4dministretive and executive offices. P P P 2. Artist and photographic studios, not P P P including the sale of equipment or supplies. . 3. Clerical and professional o[Cices. P P P 4. Financial services end institutions. P P P 5. Yledieai, dental and related health P P P services (non-animal related) including laboratories end clinics; only the sale oC articles clearly incidental to the services provided shall be permitted. 6. Prescription pharmacies, (also when P P P located within a building containing the offices of 5 or more medical practitioners) P P P 7. Public buildings (library, city and county buildings, special districts end post office). 8. Public utility service offices. P P P 9. Public safety facility (police, fire, C C C ambulance and paramedics). a~ 7 INTER:.'! L'SE RESULATIDNS USE OP NC CC . 10. Related commercial uses (blueorm[ing, P p p stationary, quick copy, etc.) when incidental to an office building o: complex. B. General Commercial Uses 1. .antique shops - p ?. Adult business (see special require meats - - per Section 1210.090) 9. :lnimnl Care Facility (animal hospital, vetemnarian, commercial kennel, grooming). e. Excluding exterior kennel, pens, or C P runs. b. Includ L•r; ex[?riot kennel, pens, or - - run5. ~k. Apparel stores. - P .i. ~\rt. music and p'no:ographic studios and C p suppl_~ stores. n. :lopliance stores and repair. - C ,. Arcades (see special requirements per - C Section 17.10.090 F.) 9. Athletic and Heelih Club, gyms and P P weight reducing clinics. 9. Automotive services (in^_luding motorcycles, boats, treiler end camper) e. sales (Tay have repairs as ancilary' C - use) D. rmrtsls - - c, repairs (major engine work, muffler - - shops, painting, body work and upholstery) d. Coin-op ~.vashing C C e. Automatic was'ning C C " D enotes change from Ta61e 11.10.030 of the Oevel opme nt Code as8 P (: P p • P P C P C C C C . C INTERI!t IISE REf•~1LAT IONS . USE OP NC CC ([) Service or gasoline dispensing C C p stations (including minor repair such as tune-uos, brakes, batteries. tires, mufflers) (g) Parts and supplies - P P 10. 9akeries (retsil onlv). - p P 11. Barber and beflu b: shoos. P P P 12. Bicycle shoos. - p p P P P 11. Blueori nt and oho[ocoov services 14. Doat and cs mper sales and services. - - C 15. Dook, gift and stationary stores (ot!,er C P P than ad u:[ related ma[eri ai). ln. Candy stores and confectioneries. - P P • li. Catering establishments. - - P 18. Cle erring and press~n; establishm ants. C P p 19. Carpenter shop or cabinet sho?. - - C" 20. Coc k[all lownge (bar, to unge, tavern) including related entertainment. (a) Operated independent of a C - C restaurant (b) Accessory to a restaurant C C C 21. Commercial recreation facilities. (a) indoor uses such as bowling, C C p theaters, billards, (b) Outdoor uses such as golf, tennis, C C C basketball. baseball, trampolines, etc. 22. Contractor yards (screening o[ outdoor - - _* storage required). 23. Dairy product sto.^es. - P P ~. ~ 9 INTERFM USE REGULAi[ONS OSE OP NC GC . 24. Department stores. - - P 25. Drive-in businesses, including theaters. - C C (other than fast food restaurants) 26. Drug stores and pharmacies. ~ * P P 2^. Equipment rental yards. - - - " 29. Fast-food restaurants. C C P 29. Feed/Tack stores - C P 30. Florist shoos. P P P 31. Food stores end supermarkets. - P P 32. Furniture stores, repair and upholstery. - P P 33. Guneral retail stores. - P P 3~1. Hard••vare stores. - P P 3.i. Home improvement centers. • (s) haterial stored and sold within - P P ene!osed buildings (b) Outdoor storage of ma[eriai =_uch as - - C lumber & building materiels 36. Hoes ar,d hotels. C - P 37. Ice ?dachines (outdoor). - -* -* 38. Jnnitoral services end supplies. C P P 39. Jewelry stores. - P P 46, Laundry~el[~ervice. - P P 41. Liquor stares. - P l' 42. Kiosks Cor key shops, film drops, etc. in - C C parkin; lots. 43. Locksmith shop. - P P 44. Mini-storage for public use (no outdoor - - -* storage). • X60 YiYTER?'•1 'JSE PEfULF7I0`!S • USE OP NC CC d5. Mortuaries * C C C 46. :dotorevcle sales end service. - - C 37. Newspeoer and magazine stores, printing - C P and puoiishing. 48. Nurseries end garden SUDDIy atOreS: C * ( * provided, in the Y C district. all equipment, supplies end material ere kept within an enclosed area. a9. Office and business machine stores. C P F 50. Parkin; facilities (commerc:ni) where fees C - P are charged. 51. Poti tical or philanthropic headquarters. C C P 52. Pet shop. - P P S3- P!umbirrg shoo and supplies. C* 5}, Photacoop P P P • 55. Printing shops. P Sn. Restaurants (other than fast fucd). (e) With entertainment and; or ser•:ing C C P oC alcoholic beverages (b) Incidental serving of beer and .vine P P P but without a cocktail lounge, bar, entertainment or dancing 57. Recreational Vehicle Storage Yard. -* _* _ 58. Shoe stores, sales and repair. P P 59. Second-hand stores end pawn shops. - ~ + 60. Shopping Center subject to provisions in - C C Section 17.10.030-F.5. 61. Spiri;uati;t readings or estroleg~ - - C* Cor_castir.g. 62. Sporting goods stores. - P P 63. Stamp and coin shops. - P P a6i INTERIM USE REGULATIONS USE OP NC GC • 64. Swimming pool suopties. - P P b6. Tailor. - P P 66. Taxidermists. - C * P 67. Television, radio sales and service. - P P 68. 'fire sales and service. - - f 69. Tov stores. - P P 0. To~.ving service (+vithou[ vehicular storage! ~ - - C i 1. Travel agencies. P P P 7^. Transports[ion facilities (train and bus, C C C taxi depots). i1. Truck mid trailer rental, sales and service. - C i9. Vflrleh' St CCCS - P P • D. PubI IC end 58mi-DUbIIC 11585 1. Dav Care Facilities C C C 2. Convalescent :ncilities and Hospitals. C - C 3. Private and public clubs and lodges, C C C including Y'd C:1, YtJCA end similar youth group uses. 4. Educational institutions, parochisl, private C C C (including colleges and universities). 5. Libraries S museums, public or private. C C C 6. Perks end recrevtion facilities, public or C C C private. ' 7, Public utility installations. C C C 8. Vocational or business Lrade schools. C C C 9. Churches, convents, monasteries and other C C C reli;;ious institutions. • ~.6 INTERIH USE RE ~~LATIOMS USE OP NC CC D. Aceessorv Uses 1. Acessory structures and uses cus;o ma.^ily P P p incidental to a permitted use and contained on the same site. 2. Accessory structures and uses custom nrily C C C incir"ental to a corcftional use and contained on the same site. 3. Caretakers residencu C C P i. Amusement Cevices, per Section - P P i L 10.03 U-F. E. Tem nnrarv CSes 1. Te:nparary uses as prescribed io Section P P P 1L 04.0 0 and subject [o .hose provisio rs. 2. Tam pcrary o([ice modules, subject t0 C C C provisions in Section 1".i 0.0 ~0-P.3. • r1 LJ ac3 ORDINANCE N0. o~7Sy AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE CALIFORYIA GOVERNMENT CODE SECTION 66888(b) PERTAINING TO THE ESTABLISHMENT OF INTERIM DEVELOPMENT STANDARDS FOR THE FOOTHILL CORRIDOR A, Recitals (i) The Planning Department of the City of Rancho Cucamonga has been instructed to conduct and complete the "Foothill Boulevard Corridor Study", a study which is intended to result in a synthesized specific plan of development for that portion of Foothill Sou levard ranging from the west city limits at Grove Avenu= to Oeer Creek Channel and from the Devore freeway to the east City limits at East Avenue. A map describing the bou r.dar ies of said study area is attached hereto, marked as Exhibit "A", and i5 incorporated herein by this reference. Hereinafter, said study area is referred to as "the Foothill Corridor." (ii) Pend inq the completion of the Foothill Corridor Study, it is foreseeable that development proposals shall be submitted for property within the Foothill Corridor. Moreover, it is foreseeable that such development proposals would not conform to the ultimate specific plan of development for that study area and would contradict the specific purpose of the unified • specific plan. (iii) This Council is concerned about the creation of an orderly and balanced development within the Foothill Corridor area. At=ord ingly, to protect the integrity of the ultimate specific plan and to assure the continued development stability of those properties within the study area, this Council finds that it is necessary to establish interim zoning policies to allow the Planning staff the time necessary to investigate and formulate the specific plan of development for the Foothill Corridor. (iv) All legal prerequisites prior to the adoption , of this Ordinance have occurred. B. Ordinance NOW, THEREFORE, IT IS HEREBY ORDAI NEO BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLOWS: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: The City Council of the City of Rancho Cucamonga hereby finds as follows: u ~GY CITY COUNCIL ORDINANCE INTERIM ZONING ORDINANCE FOOTHILL BOULEVARD October 2, 1985 Page 2 • a. The City of Rancho Cucamonga is presently developing a specific plan of development for the Foothill Corridor area. The ultimate go_: ~ this plan is to provide a balanced and un if?ed plan of develou^ent within the Foothill Corridor and will ult i~,„ate :y upgrade the economic, soc ia'. and cultural welfare of persons and properties both within and su rr cu nd ing the Foothill Corridor; b. Pending the completion of the Specific Plan, it is foreseeable that applications for development involving the Foothill Corridor will be received that may contradict the ultimate goals and objectives of the specific plan; and, c. The approval of additional subdivisions, use permits, variances, building permits, and any other applicable entitlements for use pertaining to properly within the Foothill Corridor could result in an immediate threat to public health, safety or welfare of tho<.e persons and properties within and surrounding the Foothill Corridor. SECTION 3: The following interim Zoning regulations are hereby adopted: Pending the completion and implementation of the Foothill Corridor study, all development within the Foothill Corridor shall be conducted in accordance with the Foothill Corridor Interim Policies which are attached hereto and incorporated in this Ordinance as Exhibit "B". Any application for development within the Foothill Corridor which i5 inconsistant with the . interim policies adopted herein is hereby prohibited. SECTION 4: This Ordinance is enacted under the authority of California Government Code Selct ion 65858(b) and shall be of no further force and effect forty-f lve (45) days from the date of the adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(b). SECTION 5: This Ordinance is hereby declared to he an urgency measure pursuant to the terms of California Government Code Section 65858 and 36937 (b) and this Ordinance shall take effect immediately upon its adoption. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within fifteen (15) days after its adoption at least once in The Daily Report, a newspaper of general circulation published in the City of Rancho Cucamonga, and circulated in the City of Rancho Cucamonga. PASSED and ADOPTED this ?nd day of October, 1985. • .~6r CITY COUNCIL ORDINANCE INTERIM ZONING ORDINANCE FOOTHILL BOULEVARD October 2, 1985 Page 3 I, BEVERLY A. AUTNELET, City Clerk of the City of Ranchn Cucamonga, do herehy certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2nd day of October, 1985, and was finally passed at a regular meeting of the City Council of Rancho Cucamonga held on the 2nd day of October, 1985, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: ever y ut a et, ,ty erk City of Rancho Cucamonga • \I ~E6 • • CITP OF RANCHO CL'CAMONGA STAFF REPORT DATE: September 18, 1985 `o c~crxrp~ ~~ ~ j ~. L- 5 ~,~~~= = ~ LF 2 __ > ~~)i TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Curt Johnston, Associate Planner SUBJECT: FOOTHILL BOULEVARD CORRIDOR STUDY: INTERIM POLICIES - ty ounci ev iew of Interim o uies to a app ied to development projects along Foothill Boulevard prior to completion of the Foothill Boulevard Corridor Plan BACKGROUND: At the August 28, 1985 meeting, the Planning omm~i ss ion recommended adoption of the attached Interim Po;ic ies for Foothill Boulevard. The policies are provided since projects will continue to be submitted for City review during preparation of the Foothill Corridor Plan (12 to 18 months) and the Commission felt a preliminary goal statement and interim policies are necessary to guide the decision making process. The intent is to accommodate approval of development projects that 6enef it the City, as well as provide an objective means of evaluating projects with major issues and concerns. The Commission reviewed the policies at a workshop and two public hearings. The policies were also presented to the Chamber of Commerce and comments and chances requested 6y the Economfc Development Committee have been incorporated. This report provides a summary of issues to be addressed by the Foothill Boulevard Corridor Plan and an outline of the Interim Policies as recommended for approval by the Planning Commission. No formal action is required at this time, but the Council should review the policies, receive public input, and recommend any changes. A Public Hearing will be scheduled in October for final consideration of an ordinance containing the Interim Policies. II. PLANNING AREA: The planning area ranges from the westerly City nits a ong rove Avenue, east to Oeer Creek Channel abutting the Haven Avenue Overlay District and Virginia Dare Center. In addition, the area along Foothill Boulevard in Etiwanda Between I-15 and East Avenue has similar characteristics and will be included in the study. The study area generally follows the boundary of Commercial, Office, and Medium-Residential property along Foothill Boulevard. ..26 ~ CITY COUNCIL STAFF REPORT Foothill Boulevard Corridor Study: Interim Policies September 18, 1985 Page 2 III. CONTENT OF FOOTHILL PLAN; The Foothill Boulevard Corridor Plan will have to address a complex set of issues as discussed below: Land Use: Land use on vacant or development properties must be addressed as it relates to neighborhood compatibility and transition, size and configuration of properties, access, and any unique or special problems. The result will be to reaffirm the current land use pattern or provide appropriate adjustments. Urban Design: The Foothill Corridor currently lacks consistency of architectural character of quality, landscaping, pavement width and maintenance. In addition, there is a mixture of incompatible uses such as older single family residences and high intensity commercial. Numerous small parcels and inefficient utilization of land use is also a constraint. Urban design guidelines must be provided to address the major design elements such as architectural style and landscape treatment for both street frontages and the median island. Traffic: The traffic issues relate to providing efficient and safe traffic flow along the corridor. The intent is to balance the need for access to individual properties as well as allowing Foothill Boulevard to serve as a major east/west transportation corridor through the community. Economic Viability: The study must consider the impact on existing viable activ ii ies along the corridor and develop a strategy to enhance land uses along Foothill Boulevard. IV, INTERIM POLICIES: The Interim Policies being recommended by the ann mg Commission are attached as Exhibit "A". They contain a generalized goal statement which in simple terms expresses what the City is trying to accomplish in the study area. The goal serves as a guide for the Interim Policies which are broken down into five categories: general Requirements, Land Use, Master Plan Development, New Development, and Non-Conforming Lots/Structures. The fallowing is an outline of each of these sections: A. General. Re uiremen ts. This section covers three topics: re immary eviews; Time limits; and Compatibility. The Preliminary .Review requirement allows Commission review of development proposals prior to submittal of a formal application to determine consistency with the Interim Policies. Regarding compatibility, Policy 3.A reinforces land use and design solutions currently in practice. • • • ,.x.68 CITY COONCIL STAFF REPORT Foothill Boulevard Corridor Study: Interim Policies September 18, 1985 Page 3 Land Use. Policy e.l discourages General Plan Land Use Amendments during preparation of the Foothill Study, but Development Districts Amendments are allowed in conjunction with Master Plans. Policy 8.3 establishes temporary restrictions on certain land uses in the General Commercial and Office Districts. The Commission re It the restrictions were necessary until design guidelines and technical standards are established to deal with the potential adverse aesthetir. impacts. Master Plan Development. The Master Plan requ firemen [s contained in the Interim Policies are similar to those approved for Naven Avenue. The emphasis is on problem-solving, particularly with regard to strip commercial which is typified by fragmented development on a lot-by-lot basis, inconsistent design and improvements, and parking along the streetsc ape, In addition, Master Planning is necessary to achieve overall City benefit and increase the efficiency of site planning with combined circulation and access. D. New Development. The intent of this section is to provide • guidelines for site planning and architecture. Basic design philosophies are discussed including building design features and site planning. The final Foothill Corridor Plan will be more specific in t••_*rms of and dealing with specific issues such as architectural style and streetscape design. E. Non-Conformin Lots/Structures. The Planning Commission stresse ur an esign is a major issue. Therefore, the adopted Foothill Plan must provide a strategy to deal with existing non-conforming lots and structures. At this point, three Interim Policies are provided which would limit development on non-conforming parcels, and require landscaping with m;j or redesign of existing buildings. ENVIRONMENTAL ASSESSMENT: The Initial Study, including the nvironmenta hec st, has been completed and no significant impacts were found which result from the adoption of the Ordinance containing the Interim Policies. The policies are designed to implement the intent of the General Plan and Development Code. In addition, further. environmental review will occur prior to adoption of the Foothill Boulevard Corridor Plan, and during review of individual development projects. if the City Council concurs with these findings, issuance of a Negative Declaration would be appropriate at the time of adoption. l' ~ ~,G9 CITY COUNCIL STAFF REPORT Foothill Boulevard Corridor Study: Interim Policies September 18, 1985 Page 4 • VI. RECOMMENDATION: The Planning Commission recommends approval of the nterim o icies are presented. If the City Council concurs, Staff should be directed to prepare an Ordinance containing the Interim Policies Cdr Council Adoption on October ?, 1985. tted, Jack Lam, AICP Community Deve loDment Director JL:CJ:ns Attachments: Interim Policies (Exhibit "A") Planning Commission Resolution of Approval Planning Comniss ion Staff Reports Initial Study, Part II • • ~7~ i RESOLUTION 90. 95-122 A RESGLUTIOfI OF THE PLANNING COh1MISSIOq OF THE CITY OF RANCHO CUCFi40NGA RECOMMENDING THAT THE CITY COU'IC IL OF THE CITY OF RANCHO CUCAMONGd ADOPT Ai! OR OIfIANCE PROVIDING THAT DEVELOPIdEYT 'WITHIN THAT PORTI Ti OF FOOTHILL BOULEVARD SPECIFIED IN THIS RESOLUTION 8E CO;IDUCTED ONLY I4 ACCORDA"ICE WITH THOSE INT"c RIM POL ICI'cS ATTACHED TO AND I NCORPOP.ATED IN THIS RESOLUTI Oft PEPIOING CO?iPLETI071 AND IMPLEMENTATION OF A COMPREHENSIVE PLAN FCR THE DEVELOPMENT OF THE SUBJECT AREA. A. Recitals. (i) The Planning Department of the City of Rancho Cucamonga has been instructed Lo conduct and comp let=_ the "Foothill Corridor Study", a study which is intended to result in a synthesized specific plan for that portion of Foothill Boulevard ranging from the west city limit at Grove Avenue to Deer Creek Channel and from the Devore Freeway to the east city limit at East Avenue. Hereinafter in this Resolution, that study area is referred to as "the Foothill Corridor." (ii) It is foreseeable that development proposals involving the • Foothill Corridor could be applied for pending comp ietion of the Foothill Corridor Study. Accordingly, it is necessary for this Commission and the Council of the City of Rancho Cucamonga to process and implement development in the Foothill Corridor which will ultimately conform to the plan which results from the completion of the Foothill Corridor Study. (iii) Attached hereto as 'c xh ib it "A" and incorporated herein by reference are proposed Foothill Corridor interim policies which should be applied to the Foothill Corridor pending completion and implementation of the Foothill Corridor Study so that development which may occur prior to completion of that study will be consistent with the planning criteria which result from the implementation of the study. 8. Resolution. NOW, THEREFORE, it hereby is found, determined and resolved by the Planning Commission of the City of Rancho Cuc amonyc as follows: 1. This Commission hereby finds that ail of the facts set forth in the Recitals, Rart A, of this Resolution are true and correct. 2. This Commission hereby recommends that the Council of the City of Rancho Cucamonga adopt an ordinance which will provide for development in the Foothill Corridor pending completion and imp lemen to clan of the Foothill Corridor Study only in accordance with the Foothill Corridor Interim Policies which are attached to and incorporated in this Resolution as Exhibit "A". ,1.7/ Resolution No. Foothill Boulevard -.ter im Policies ~ Page 2 • 3. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED TH[S 28TH DAY OF AUGOS T, 1988. OF THE CITY OF RANCHO CUCAMONGA I, Jack lam, Secretary of the Planning Cammiss ion 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 28th day of August, 1985 by the fallowing vote-to=wit: AYES: CO}1MISSIONERS: REDIPEL, BARKER, CHIT IEA, MCNIEL, STOUT • NOES: CO"1NISS[OHERS: NONE RESENT: CO}1M ISSIONERS: NONE L J a~~ 1 CITY OF RANCHO CUCA ONGA STAFF REPORT ~ ~~~Ga.ttp,~ ~~., ~~ r iii y, I A _z W aA ~J` ~~1 GATE: August ?8, 1985 T0: Chairman and Members of the Piann inq Connniss ion FROM: Otto Kroutil, Senior Planner BY: Curt Johnston, Associate Planner SUBJECT: FOOTHILL BOULEVARD CORRIDOR STUDY: INTERIM POIICI ES - Commission review of nter im Po Sties to be applied to development projects along Foothill Boulevard prior to adoption of the Foothill Boulevard Plan BACKGROUND: This report is provided as a follow-up from the Augus~- i -TT- 1985 public hearing and Staff presention of the policies to the Chamber of Commerce Economic Development Committee last Wednesday, August 21st. The revised draft of the Interim Policies is provided based on Commission input. Comments from the Chamber of Commerce should be presented at the public hearing. A resolution recommending to the City Council adoption of an Ordinance containing the Interim Policies is provided; however, final Planning Commission action could be deferred based on the extent of Chamber of Commerce input. In addition, the Commission should discuss the land use concerns brought up at the August 14, 1985 meet:^,y. This report describes the corrections to the Interim Policies and outlines alternatives to deal with land uses of concern. II. REVISIONS: The revisions to the attached Interim Policies are underlined. In brief, they include the following: o Specifying the intent of site utilization maps for preliminary reviews. o Excluding subdivision maps from the one year approval period. (State law mandates a minimum two-year initial approval.) o Reorganization and clar if Scat ion of the boundaries of I4aster Plans and the intended City benefit, o Addition of a requirement for written statements indicating how a project is sensitive to the heritage of Rancho Cucamonga. ITEM 5 a~~ PLANNING COhLM ISSIOI'~AFF REPORT Foothill Boulevard „ rridor Study: Interim Policies August 28, 1985 Page 2 • o Addition of a requirement for all new projects to provide streetscape design elements consistent with the guidelines for Foothill Boulevard in effect at the time of development. , In addition to the above, specific corrections as noted. by the Commission are indicated. I I[. LAND USES: One of the primary objectives of the Foothill Study is to provide a viable sett ing for a balanced mixture of residential, commercial, office, and other activities of community-wide significance. The General Commercial District, along the Foothill Corridor, is intended for activities and services of a more intensive (and less restricted) nature than a neighborhood shopping center or uses more suitable in the Industrial area. As an example, suitable uses couid include a major shopping center such as Gemco, major service/recreation oriented uses such as restaurants and movie theaters, and major financial and corporate headquarters. These types of uses serve the City or the region as a whole versus providing day-to-day convenience shopping and services for the residents of an immediate ne ighhorhood. A review • of the currently permitted and conditionally permitted land uses in the General Commercial District by the Planning Commission and Staff indicated five areas of concern as follows: Animal Care Facility with Exterior Kennels (CUP required). Carpenter shop or Cabinet Shop (Permitted Use). Contractor Yards (Conditionally Permitted). Mini-Storage (Conditionally Permitted), Vehicular Storage and Towing Service (Conditionally Permitted.) Of particular concern would 6e the development of a Contractor's Yard or Vehicular Storage Yard. Both of these uses wou id most likely have an adverse aesthetic impact and discourage quality development on adjoining parcels. In addition, adequate land is available for such uses in the Industrial area of the City. The Commission should discuss the areas of concern and determine if interim land use regulations are necessary. If so, Staff has identified the fallowing alternatives: • ~-7Y PLANNING COMMISSI Ot"GAFF REPORT Foothill Boulevard ..~ridor Study: Interim Policies August 28, 1985 Page 3 • A. Specify particular uses which should be conditionally permitted versus permitted; or B. Eliminate certain uses within the General Commercial or Office Professional Districts along Foothill Boulevard. It should be noted that through the preliminary review process the Commission does have the ability to provide applicants with comments early in the review process. In the case of inappropriate uses on a particular site, the Commission could discourage further processing or outline stringent mitigation measures to resolve concerns. IV. RECOMMENDATION: As mentioned, the Chamber of Commerce should provide input regarding the Interim Policies at the Public Hearing. Based on the extent of their input, and the scope of land use restrictions, the Commission could: A. Adopt the attached Resolution with specific direction to Staff regarding minor revisions; or Cent e the Public Nearing to allow preparation of revised • I~ m Policies. neap L~1U y uui~~, Otto Krout' Sen iar P1 ner OK:CJ:n Attachments ~J a ~s 1 -l .... ,,........,.....,.,.,~~....,:,.,.z ` ~cv.aroh STAFF REPORT ~~~~. ,,, z ` i ... _ q~'~'x'1je; _, X,~= _ ~{~ 19]J I DATE: August 14, 1985 T0: Chairman and Members of the Planning Commission FROM: Otto Kroutil, Senior Planner BY: Curt Johnston, Associate Planner SUBJECT: FOOTHILL BOUL EYARD CORRIDOR STUDY: INTERIM POLICIES - Commission review of interim policies to be applied to development projects along Foothill Boulevard prior to adoption of Foothill Boulevard Plan. LJ I. BgCKGROUND: This report is provided as a follow-up from the August '.i 1995 workshop. A revised draft of the Interim Policies is provided for Commission review. No formal action is requested at this time, but a hearing must be conducted to receive public input. In addition, the Chamber of Commerce Economic Oeve lapmeni Committee will review the Interim Policies next Wednesday (August 21st). Planning Commission action could occur a[ the August 28, 1965 meeting in the form of a recommendation to the City Council for adoption of an Ordinance containing the Interim Policies. Completion of the Foothill Boulevard Plan will take between 12 to 18 months, depending on the scope of the study and the level of detail desired. In the interim period, however, projects will continue to be submitted for City review, including projects with no unr esolvab le problems. Development of some projec is may be consistent with the City's long-term goal for Foothill Boulevard, and their approval desfrab le prior to the completion of. the Foothill Boulevard Plan. [n order to deal objectively with the issues and guide the decision making process in the interim period, policies need to be adopted. II. GOAL STATEMENT: An cverall and general goal statement is provided for discussion purposes as a prelude to the interim policies. Since it serves as a guide far development of the interim policies, Commission consensus will be required. In spite of the complexity of issues, it should be kept as simple and as tangible as possible. III. Ie,TER I'" POLICIES: The Interim Policies have been broken down into five categories: General Requirements, Land Use Amendments, Master Plan Development, New Development, and Non-Conforming Lots/Structures. To guide the decision making process, the policies must be written in a manner allowing clear interpretation of [he intent. This is particularly true, given the twelve to eighteen month time frame of the Foothill Study and the number of a~6 ITE"4 K PLANNING COMMISSION S~ REPORT Foothill Blvd. Corridor Study: Interim Policies August 14, 1985 Page 2 applications which are pending and/or likely to be suhmitted. The following is an outline of each section. General Requirement: The policies begin with the General Requirements which cover three topics; preliminary reviews, time limits, and compatibility. The preliminary review requirement was requested by the Plannn ing Commission and covers all new projects. The policy could be limited in scope if desirable for only certain projects, like multi-family residential and mini-warehouses. Policy A.2 establishes a one- year initial approval limit to allow re-assessment of projects soon after completion of the Foothill Study. Eztens ions up to the normal 4-year total could still be granted if the findings can be met. Regarding compatibility, Policy A,3 reinforces Tand use and design solutions currently in practice. This policy is under the General Requirements section since it applies across the board to land use, master planning, and new development. B. Land Use Rmendmen ts: As written, Polity B.1 "discourages" General Plan Land Use Rmendmen ts. Two G.P.As, however, have been submitted and will be reviewed on September 25, 1985, so • findings are provided if the Commission is in favor of a particular project. Two other options would 6e to not allow submittal of any amendments (i.e. moratorium), or rely on the current procedure, in which case the Commission most likely will review a greater number of application during preparation of the study. Regarding Development District Rmendmen [s, Policy 8.2 allows adjustments of boundaries within the guidelines of the General Plan Land Use Map. This provision is intended to be a useful tool during the Master Plan process by allowing flexibility. Another area not covered, but which the Commission may wish to review is restrictions on certain land uses in the General Commerical and Office Districts. Tlie use matrix for the Development Code is attached for your review. The intent would be to discourage law intensity uses, such as mini-warehouses, contractor's yards, second hand stores, etc. C, Master Plan Development: The Master Plan requirements contained in [he interim policies are similar to those approved for Haven Avenue. The emphasis is on problem solving, particularly in regard to strip commercial which is typl if ied by fragmented develoment on a lot-by-lot basis, inconsistent in design and improvements, and parking along the street scope. In addition, master planning is necessary to achieve overall City benefit and increase the efficiency of site planning with combined circulation and access, • ~7 ~ PLANNING COMMISSION S'~F REPORT Foothill Blvd. Corr id, Ludy: Interim Policies August 14, 1985 Page 3 U D. New Development: Architecture and site planning is discussed in the section concerning new development. Basic design philosophies are discussed including; building design features, architecture, pedestrian orientation, combined access, public transit and streetscape design and landscaping. The final Foothill Corridor Study will 6e more specific in terms of design detail and dealing with special issues such as architectural style and streetscape design. Rt this point, the intent of the Interim Policies is to promote consistent high quality design. E. Non-Conforming Lots/Structures: Considering the Planning Coimniss ion stressed urban design as a major issue, the adopted Foothill Plan must provide a strategy to deal with existing non-conforming lots and structures. At this point, it is difficult to establish meaningful criteria. However, three interim policies are provided which would restrict new development on non-conforming parcels unless it is part of an overall Master Plan and lots are consolidated to meet minimum lot size and dimension requirements of the Development Code. In practice, this would be difficult to ac[pmplish prior to completion of the Foothill Plan. Many of the small lots along • Foothill Blvd. are only 7500 square feet (50' x 150'), whereas commercial and office property must be a minimum of 40,000 square feet (175' x 200' minimum dimensions). Senior Plan er OK:CJ:ko In addition, the Development Code allows reduced building and landscape setbacks on non-conforming lots which Polity E.2 would override. Regarding re-design of existing buildings, Policy E.3 requires landscaping along the street frontage. Since major expenditures to a building could substantially extend its existence, the intent of the policy is to provide some consistency with current 5t and ards. As mentioned, the purpose of this meeting is to ATI IV. ~ ~ r ce ive publ polio ie wi ~ 'c comments then be and additional re-worked and Commission input. The other topics covered as necess v. mal action could occur at the August 29th meeting. R spectfu sub tted ~ /~ Otto Kroutil J / a! f • e 1 CITY OF RA\CHO CL'Cti~tiGA STAFF REPORT ..`o ~vcv.trq? s, r~y ~,> J } Z --lu__ DATE: August 5, 1985 T0: Chairman and Members of the Planning Commission FROM: Otto Kroutil, Senior Planner BY: Curt Johnston, Associate Planner SUBJECT: FOOTHILL BOULEVARD CORRIDOR STUDY: INTERIM POLICIES - Commission review of interim policies to be applied to development projects along foothill Boulevard prior to adoption of Foothill Boulevard Plan. BACKGROUND: This report is provided as a follow-up from the previous meeting at which Commission reviewed the boundaries of the study area, major issues, and goals. For discussion purposes, a rough draft of the goal statement and interim policies is provided. Since this is just a workshop, no formal action is warranted, but in-depth discussion is critical. To guide the decision making process, the policies must be written in a manner allowing clear interpretation of the intent. This is particularly true, given the twelve to eighteen month time frame of the Foothill Study and the number of applications which are pending and/or likely to be submitted. 1I. GOALS STATEMENT: At the previous meeting four goals were presented relative to land use, urban design, traffic and circulation, and economic viability. At this time, an overall and general goal statement is provided for discussion purposes as a prelude to the interim policies. Since it serves as a guide for development of the interim policies, Commission tons en sus will be required. In spite of the complexity of issues, it should be kept as situp ie and as tangible as possible. f[I. INTERIM POLICIES: The first draft the the interim policies has been broken down into five categories: General Requirements, land Use Amendments, Master Plan Development, New Development, and Non- conforming Lots/Structures. The following is an outline of each section. A. General 0.equiremen t: The policies begin with the General Requirements which cover three topics; preliminary reviews, time limits, and compatihilfty. The preliminary review requirement was requested by the Plannn ing Commission at the last meeting and covers all new projects. The policy could be limited in scope if desirable for only certain projects, like multi-family residential and mini-warehouses. Policy A.2 ~,~9 PLANNING COMMISSION S',' REPORT Foothill Blvd. Corr ido~ Study: Interim Policies August 5, 1985 Page 2 • establishes a one-year initial approval limit to allow re- assessment of projects soon after completion of the Foothill Study. Extensions up to the normal 4-year to tai could still 6e granted. Regarding compatibility, Policy A.1 reinforces land use and design solutions currently in practice. This policy is under the General Requirements section since it applies across the board to land use, master planning, and new development. 6. Land Use Amendments: As written, Policy B.1 ^discour ages" enera an Land Use Amendments. Two G.P.A.s, however, have been submitted and will 6e reviewed on September 25, 1985, so findings are provided if the Commission is in favor of a particular project. Two other options would be to not allow submittal of any amendments (i. e. moratorium), or rely on the current procedure, in which case the Comniss ion most likely will review a greater number of application during preparation of the study. Regarding Development District Amendments, Policy 9.2 allows adjustments of boundaries within the guidelines of the General Plan Land Use Map. This provision is intended to be a useful tool during the Master Plan process by allowing flexibility. Another area not covered, but which the Commission may wish to review is restrictions on certain land uses in the General Commerical and Office Districts, The use • matrix for the Development Code is attached for your review. The intent would be to discourage low intensity uses, such as mini-warehouses, contractors yards, second hand stores, etc. C, i4aster Plan Development: The Master Plan requirements contained in the interim policies are similar to those approved for Haven Avenue. The emphasis is on problem solving, particularly in regard to strip commercial which is typlif ied by fragmented develoment on a lot 6y lot basis, inconsistent in design and improvements, and parking a)ong the street stop e. In addition, master planning is intended to increase the efficiency of site planning with combined circulation and access. New Development: Architectural and site planning is discussed in the section concerning new development. Four has is design philosophies are highlighted including; winery-theme architecture, pedestrian orientation, combined access, and public transit. Specifying the architectural flavor is intended to prohibit projects clearly inconsistent with the community identity. However, the final Foothill Corridor Study will 6e more specific in terms of design detail and dealing with special areas such as Etiwanda or the vicinity of the Sycamore Inn. • ~ g0 PLANNING COMMISSION S~~f REPORT Foothill Blvd. Corr ido~ Study: Interim Policies August 5, 1985 Page 3 • E. Non-Conformin4 Lots/Structures: AL the previous meeting, the P loon tog Conmission stressed urban design as a major issue. Considering this, the adopted Foothill Plan must provide a strategy to deal with ezi st ing non-c onform;ray lots and structures. At this point, it is difficult 'to establish meaningful criteria. However, three interim policies are provided which would restrict new development on non-conforming lots unless constructed as part of an overall Master Plan consistent with the Development Code. [n practice, this would be difficult to accomplish prior to completion of the Foothill Plan. Many of the small lots along Foothill Bivd. are only 7500 square feet (50' x 150'), whereas commercial and office property must be a minimum of 40,000 square feet (175' x 200' minimum dimensions). This would necessitate that lots be combined for planning purposes to allow Joint parking, access, etc. In addition, the Development Code allows reduced building and landscape setbacks nn non-conforming lots which Policy E.2 would override. Regarding re-design of existing buildings, Policy E.3 requires landscaping along the street frontage. Since major expenditures to a building could substantially • extend its existence, the intent of the policy is to provide some consistency with current standards. In addition to landscaping, full street improvements including sidewalks and a Tien for the median island cou id be added; however, the cost of these improvements could stifle any improvement efforts. IV. RECOMMENDATION: As mentioned, the attached policies are in rough draft and intended for workshop discussion purposes. With input from the Commiss' , the poiicies will be re-worked and other topics covered FFecessary. Further discussion and/or formal action cou occ r'~t the August 14th or August 28th meetings. i/ Respectfully ubm teQ/( / Otto Kroutil ~ Senior Planner OK:C~:ko ~q/ -CITY OF RANCHO CtiCn ONGA STAFF REPORT ~~ GATE: July 10, 1985 T0: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Otto Kroutil, Senior Planner SUBJECT: FOOTHILL BOULEVARD WEST STUDY ~ ~ica.urt c ., ~~ ~. ~~: a r ~„~ '- - ~~' 19~ I. ABSTRRCT: This report is the first in a series from which the Interim Development Policies for Foothill Bau levard west will be developed. The topics to be discussed at this time include the boundaries of the planning area, framing of the basic issues and concerns, initial concepts for the Interim Policies, and primary planning goals. II. PLANN LNG AREA: The suggested boundary of the planning area ranges from the westerly city limits along Grove Avenue, east to Deer Creek Channel abutting the Haven Avenue Overlay District and • Virginia Dare Center. The immediate vicinity of Foothill and Haven Avenue need not be included, as the area is already part of the Haven Avenue Overlay. Deer Creek appears to define a more logical easterly boundary. EJ As shown on Exh i6 it "A", the depth of the study area follows the boundary of General Commercial, Office Professional, and Medium Residential property along Foothill. Also, the study area extends to the 6oun daries of vacant and/or developable pr 9perty which may impact the corridor such as San Bernardino Road south of Foothill near Grove, the west side of Vineyard north of Foothill, and land near the intersection of turner and Foothill. Existing single family subdivisions abutting the Foothill Corridor are excluded, though they would of course be considered in the planning process. In addition to the land west of Haven Avenue, the area along Foothill in Et iwanda has similar characteristics and could be included if the Commission feels it is appropriate. III. ISSUES/CONCERNS: The major topical areas of concern include land use, urban design, traffic and circulation and economic viability as discussed below. Land Use: The study will need to address land uses on vacant or developable properties as they relate to neighborhood compatibility and transition, appropriateness of a use given ;';ze, configuration and access to properties, economic viability of uses given site constraints and any unique or special problems. The result will be to reaffirm the current land use pattern or provide appropriate adjustments. ITE9 Il ICY PLANNING COMMISS IC~TAFF. REPORT Foothill Boulevard ..est Study ,]u ly 10, 1985 Page 2 • Urban Des ign: The Foothill 9oulevard corridor lacks consistency of architectural character or quality, landscaping, pavement width, and maintenance. In addition, there is a mixture of incompatible uses such as older single family residences and high intensity commercial. Numerous small parcels and inefficient utilization of land is also a constraint. Urban design guidelines must 6e provided which address the major design elements such as architectural style and landscape treatment for bath street frontages and the median island. Traffic: The traffic issues relate to providing efficient and safe traffic flow along the corridor. The intent is to balance the need for access to individual properties as well as allowing Foothill to serve as the major east/west transportation corridor through the community. items which must be dealt with include driveway locations, local street access, and the median island configuration. Economic Viability: The Study must consider the impact on existing • viable activities along the corridor and develop a strategy to enhance land uses along Foothill Boulevard of community=ride significance. IV. INTERIM DEVELOPMENT/POLICIES: Completion of the Foothill Boulevard Plan wil take between 9 to 19 months, depending on the scope of the study and the level of detail desired. Both yet remain to be finalized. In the interim period, however, projects will continue to be submitted for Ci±y review, including projects with no unresolvable problems. Development of some of these projects may 6e consistent with the City's long-term goals for Foothill Boulevard, and their approval desirable prior to the completion of the Foothill Boulevard Plan. In order to deal objectively with projects submitted in the interim period, it is suggested that the Commission adopt a se[ of goals for Foothill Boulevard, These goals should be relatively simple and should express in concise terms what it is that Lhe City is trying to accomplish in [he study area. Based directly on these goals, staff can develop interim policies and guidelines to give the Commission an objective means of • evaluating individual project proposals in the interim period. The intent of these interim policies would be threefold: .2x3 PLANNING COMMISSIC~TAFFREPORT Foothill Boulevard ,tst Study July 10, 1985 Page 3 1. To accommodate approval of development projects that are consistent with the City's long-term goals for Foothill Boulevard. Projects that fit, in the Commission's judgment, in this category would be permitted to proceed without undue delays, subject to the interim policies and thr_ Development Code. 2. To prevent development of projects that are clearly inconsistent with the stated long-term goals for Foothill Boulevard. 3. To postpone approval of development projects that have a significant potential of interferr ing with the stated long-term goals if approved prior to comp ietion of the Foothill Boulevard Study. This would include those . proposals that may in some ways he interdependent with other properties in the ironed late area on access, parking, circulation, drainage, or other provisions to be addressed and resolved by the Foothill Plan. LONG-TERM GOALS FOR FOOTHILL BOULEVARD: The General Plan places a heavy emphasis on the role of Foothill Boulevard in the City. As the City's main east-west artery, it has been the historical location for a variety of relatively intense uses. The General Plan identifies in loose terms the disagregate nature of es fisting land uses, the heavily auto dependent commercial activities, the importance of Foothill as a traffic carrying artery, and the need to stren then the viability of existing commercial development. What is needed is a focused approach to the problems and opportunities of Foothill Boulevard. Hopefully, a clearly defined goal statement can serve as the first step in that direction and be used as the basis for development of the the interim policies a8Y ' PLANNING COMMISSIC~TAFf .REPORT Foothill Boulevard ..est Study July 10, 1985 Page 4 • For discussion purposes, the following goals have been outlined for the Commission's consideration: 1. Land Use: Provide a viable setting for a balanced mixture of residential and commercial activities of community-wide significance compatible with surrounding land uses. 2. U~rban~Des ~ign~: Establish a high quality, unifying design image wn i" ch promotes a sense of identity and reflects community heritage. 3. Traffic and Circulation: Provide for safe and efficient traffic flow and optimum vehicular and pedestrian access within the corridor. 4. Economic Viability: Support and strengthen the continued economic viability of the Foothill Boulevard corridor. The goals statements are intended to serve as a guide for development of the interim policies. Therefore, the Commission should discuss and achieve a consensus relative to these goals. It • is also important that these goals, in spite of the complexity of issues, 6e kept as simple and as tangible as possible. VI. R`_COMMEN DATICN: It is recommended that the Commission nevi e~.v the report and provide staff with direction in the following areas: 1. Study area 6oundar ies; i.e. should Foothill east of i-15 be included in the study area; 2. Response to major issue areas; and, 3. General consensus of the goals and interim policies to be used prior to completion of the plan. With appropriate direction, staff will return at a following meeting with a draft outlining goals and int grim policies for the / Eommissionasrconsideration. R ~ submitted, t Rick r~Gomez ~ ~ V Tl City( Planner RG:C~ • Attachments: Exhibit "A" - Planning Area Boundary SRS • CI :'; OF FiA.`:C°.0 Cti~A)!0`:Gn P,.q: Ii - I::I':;.L 5:','Ct' E::~'I70;?~::Lni Cp.ECi :.~~• A.°PLIC;.:,i: G/TY vF ~rM.=HO Cum-a..~ct~4 FILL`;G n:.: E: /ArGKY /`[. l9Y5~ LOC \'L'.".~°P_^-.: N/A i ^~ P.QOTC:: ~/f/i'!1 7SL/O /itrrEK~M rOLld'J ETi PP,OlEC: LOG„TiG::: ~yyttr GYd/E Tv 77c'E2 GC ~3"-/S To Ei1$T .dom. I. E`° =~`^ TnL I`??.CTS (Exp lar.a cion of all "yes" and "mayhe" ansxers are required on attached sheets). qrc M.4~.'r NO I. Sof'-s and Gec to r:. Bi11 the proposal have • sign:: iC dnt tesU 1C5 ln: a; Crs tah :e ground <o ndi dons or in changes in geolo ric relationships? b. Disrupt iors, displacements, compac cion or bur'_al of the soil? e. Change in topography or ground surface contour inrerva ls? d. The des traction, covering oz modification of any unique geologic ar phpslcal features' e. My potential Sncrease in wind or tracer erosion eE soils, affecting either on or off Bite condi:o ns? f. Changes to erosion sil mtfo n, or deposic'_o n? g. Exposure of pea?le ar property to geolagis hazards such as earthquakes, landslides, mud- slides, ground failure, or similar ha to rds'. L h. M increase !n [he rate of extraction and/or use of any mineral resource' 2. }ivdro la cv, I1111 [he proposal have significant results in: ~f6 ?a6e ~ 1c~ °41'° `:0 a. Changes in currents, or the course o£ direc Can • ~ of flowing streacs, risers, or ep'n e^eral sc.-eam channels? b. Changes in absorp ciao races, drainage patterns. or the rate and amouct of serf ace va[ar zuno fi7 c. Alteracions to the coursa or `, lov of flood wace a? d. Change Sn [he amount of surface water in an': b d f t ? o y o ea er e. Discharge into surface wa to rs, or any al:e rat ion of surface eater quality? f. Alteration of groundwa cer charm inrisc ics? g. Change In the quantlcy of graundwacers, either chre ugh direcc additions or wich- dravals, or ch rough Sn Cerference vich an aquifer? Qua lily? Quant iry? L h at h r- Th d i i f h •` . e amcunc o e er oc e e re oes on n t wise available for public vacer sup;li es? i. Exposure of people or pro pert; ro vacer related hazards such as .`loading or seiches'. ~ __ 3. A1 : Quality. Hill the pre posal have significant re soles in: a, Constant or periodic air emiss loos from moC lie or indirect sources? / Stationary sources? b. Octerioration of ambient air qua ll ty and/or interference with Che accai-LL.enc of app llcahle air quality sf and ands? e. Alterat ion of local or regf ono: clima:Sc Bondi:ions, aEf ecting air movement, mo is rare or tompe ra to re? 4. Biota Flora. pill ehe proposal have significant results in: a. Change in the chars ece ristlcs of species, lnclud log dlversSCy, dis trlbuclon, or number of any species of planes? _ __ b. Reduction of [he numbers of any unique, rare or eod angered species of planes? }e7 "_ c. Inc roductlon of nev or d!srupt/ve sne c!es of • l plants in co an area? d. Aeduc:lop Sn the potential Eoz ag:iaatural produce on? Faura. Wi11 the proposal have signif itant resu'_ in: a. Change in the charar er"_scics of species, ir,clud ing divea ir;, dis:r!S uc ina, oz nua5 e:s of any species of animals? b. Reduce SOn of the nu=hers of any unique, rare or endangered species of aniWals'. c. In[roduc cion of nev or L's rua tine species of aniaals into an area, or result in a barrier to the migration or movement of anima Ls? d. Deterloracion or removal of existing fish or wildlife habita c? 5. penuiatioa. Will the proposal have sign if icaat resui:s in: ~ a. Will the pro pesal alter the location, dis[ri- • bu::on, ders ay, diversity, or greG•ch race o: the hunan pop ui ac ion c: an area? b. Rill the proposal offer. existing housing, or create a de_and for additional housing? 6. $ocie-Economic Factors. Will the proposal have s ign zf icanc results in: a. Change in local or regional sot io-economic characteristics, including economic or cocercial diversity, tax rate, and property Values? b. Will project costs be equf _a61y cis[r_bu ted among project beneficiaries, S,e., buyers, tax payers or project users? 7. Land Cse and Flannin o. Conslderat loos. Wi11 the proposal have si gnif icon: ze suits 1n' a. A substanc ial alcc ra don of the present or planned land use of an area? b. A conflict vlch any designations, objectives, polities, or adopted plans of any governmental encl:Ses? c. M lmp act upon the qula icy or quantity of exlsting consu :p Live or non-consumptive recreational opportunities? a, 8 B ?a ;e i Ycc 4Yj° `;C L L ~/ L L L ~_ __ ~/ G Page 4 vr: roc r_ .;0 8. Transco: cation. WiL the proposal have sign!f Start • resui is in: a. Cene: ation of substaaCal addlt!onal vehlra ar mavemenc? L 6. Effects on ex!scing streets, or demand .fot neu street cons[ruccic n? J L c. Effects on ex is cing parking Facilities, or de".end for nev parking? L d, Subscsntial impact upon existing cranspor;a- tion sys tees? i e. Alterations to present pat ;erns of circula- cicn or movement of people and/or goods^. L f. Aleeracions [o or effects on present and potential va ter-borne, rail, mass transit or air traffic'. g. Increases in traiFic hazards [o motor vehicles, bicyclists oz pedestrians? L 9. Cu L'ur al Resources. Will the pre pe sal have ~' signiFicanc results in: a. A disturbance [o the incc,: icy of archaeological, paleonrolog!cal, and; e: his:o tic al resources? L 30. Health, Safety, and Nuisance Factors. Will [he proposal have signif icaac results in: a. Creaclon of any health hazard or potential health hazard? -- b. Exposure of people to potential health hazards.' __ c. A risk of explosion or release of hazardous substances In the event of an accident? -_ L d,. M increase !n the nccb er o£ Snd iv iduals or species of vector or pa[heno g'-^fc organists or the exposure of people [o such et ganiss? - . __._ L e. Increase Sn existing noise levels' f. Exposure of people to po[enctally dangerous noise levels? __ L g. The creation of obj ecclo na6le odors? _ __ L h. M increase in 11 ghc or glare? a. 89 Page i °A1'3E `!0 / { 11. Aesthea s. Aill the prcaosal nave s1,a1`Swnc • res ui :5 in: a. The ob5:ruc Con oz degra daclon o: any scenic ? / vista ar view L b. The treat ion of an aes the wally off ers ive L sire? c. A canf act vi ch the ob; ec rive of des'_gaated / or potential scenic cozrlda rs? - F. 1=. L'c 11i c!es and Public $e rvices. Bill the proposal have a significant need far new systems, or alterations to the fol/c•.:ing: a. Electric power? 6. Fa[ural or packaged gas? - -- --- ' -- c, Comeur.i wtlo ns systecs. - -- ? d. Baer supply e. Hascewater facilities? . ~ f. Flood Control structures^. - - g. Solid waste fa cili aes? h. Fira pro ceccion? - - ---- ~ 1. PaLice pro cect ion? / r`- - ~. Schools? -- --- k. Parks or other recreational facilities? ~ _,_ 1. Ma Sntenance of public facilities, including / Toads aad flood control facilities? ~ f- m. Ocher governraencal services? -- -- 11. !`ne ror and Scarce 3esourt es. N111 the proposal have sigr.i'. icanc results in: a. Use of sub ra ncial or excess ice fuel or energy? b. Substantial increase Sn demand upon esiscing sources o: energy? _- c. M increase in Che Jenard for development of ~ new sources of energy? -_ d. M Increase or perpetuation of Che consunption of non-r enevab le fo r_s of energy, vh en Eeas lb le / renewable sources of energy are available? +_ ~ L ~QO Fage 5 Y°5 `1,:Y ~° SO _ • i e. SuDS[anc Sal deple[1en of any nonrenevaDle oz J 6carce Hato: al -esou:<c' L 14. Manda[o^: Findir.cs o` Sic,'_: '_car,c e. a. Does Che project havz [he ?o[er.c!a'_ to degrads CF.e quality of :he env_raacen[, substantially reduce the habitat o: fish or wildlife specces, cause a fish or wildlife popula cion to drop b elav self sustaining levels, th:eatec to e1L-ira to a plant cr animal cocunicy, reduce [he nut:h er or zest. CCC the range of a rare or endangered plant o[ an•~al oz eli=maze iapozcanc examples of the caj or periods of California history or preps co r:? b. Does the project have the puce ntiai to achieve s hor[-te ~, [o the disadvantage of long-ce n. em^rar: er.cal gcals? (.1 Sher[-ten iepac; on :De enviroccen[ is one which occurs in a re lac b;eU: brief, definitive pericd of cite wh13e lonq- ter impacts will end•.:re well into the future). c. Does the project have Scpaccs which are Sndiv id uaily li:ai Led, but cu~ulaclvely considerable? (Cu_ula;i•:e1y considerable means that the inc: eeencal effects of an ind i:•Sdual projec: are considera'ole when viewed in cenne<tion with the effects of past proj ec cs, / and probable iu:u:a projec ts). ~__ G. d. Does [he projec[ have envire;LCencal effecca which will cause substantial adverse of Fe<rs on human beings, eit",er directly oz iodirecc?y? II. DISCUS 520V OF bSCI3051(4`:TAL Eyd1?".TIC:] (i.e., of of `S: ~cive answers co the above ques dons plus a discussion of proposed ei ci ga Lion censures). /~/oME a~/ ?ace 7 Iii. DEIE?9T`:dTIC`: On the basis of this 1.^.l tial eva!•.:a;tnn: . ~ I find the proposed p:oj ec t`C'uvJ `:0: nave a sig-. acan: of [act on the envi ro ~enc, and a .'. c -EC:J3.4I:C:. v Sa pre,,^area. I find thac al ;hough [he prepesed p: of ect cou td have a s1~a:ittanc et _'ec: on the enviroa~en:, ther_ vili not Se a sl:nr[l.an: e: Eec: L-: in this case because the ~l azation oeasu res desc: :gad on ~n a[tached sheec have been added to the projecc. A SECS:?l' DEC..A.4ATi0:: SILL 8E oqg?.ivSD. C I find [he proposed prej ect Y_;Y have a stgn L`tcan: e:ier an ;ne envl::men[, and an c.::IdC:D'_:f' .PAC' FE'03: is reG ue: ed. Dale ~A'u'KT /%, /9~'S C~ca+.r ~. S ena cu..-e Ti,?e ~~ L a9~- 1 ~O`Np CpUNTY SHERIFpsQ • ~~ Fq - Z "Dedereted 7b Puur 5'ulrn " s 'z ,. September 20, 1985 Bev Auchelett, City Clerk City of Rancho Cucamonga Rancho Cucamonga, California 91730 Oear ,gs..4uchelett: T'he San Remaniino County Sheri(('s Department and the San Bernardino Crnmty Sheriff's Athletic Federation are bidding to host the 1987 Police Olympics in [he San Bernardino area during the fourth week of June 198E We would like to have the City n( Rancho Cucamonga endorsement (or the following: ', 1. Endorse the .Sheriff's Department bid to host the California State Potice A th(etic Federation Olympics in 1987. • 2, ttiaive fees at city parks on days events are held, between June 2] - 27, /987. 3. Pledge up to 51,500 as a ciN rna[ch with county and private interest pledges to fund the cost of making the bid. F'or 20 years the California State Police Athletic Federation has sponsored Police Oh~mpics somewhere in the state each year, Last yrar (he Police Oh'mpics was held in O.mard and drew 5,000 officers to compete in A3 events. These .1,000 participan LS brought 20,000 to 25,000 friends and relatives as spectators. 1t also generated 20,000 plus people (mm the Inca! communi h• as spectators, It is estimated be preen (our and five million dollars in tourist revenue uas generated thrnu,ghou[ the coin m(mih' from this seven day event. Because a(its success there is now great interest in commtmities to bid the porting of the Police Oh'mpics each yeah Fnr 1987 the bidders are the City of Stockton, Kern County and the City of Bake rs(ield in a joint bid. Porte-three oven 6s will be held throughout the co(mty be preen June 21 and 27, 1,987. l'enues x'iII be in the cities of Chino, Mantcloir, Ontario, Rancho Cucamonga, and Cpland plus Glen Ilelen, Prndo, and Guasti Regional Parks and fake .Sihrmcnod. No •; (Ibis Bor $fi9. San Bernardino, G\ 92303 Cclcphone: (71J1 J8J-)r71 ~5~ September 20, 1985 Page tu'o City' of Rancho Cucamonga 0Iy'mpic Events: 1. Badminton - Etiuanda High School 2. Basketball -.4L[a Loma High SchooL'Cheffep d-. College 3. Cross Country - Chaffey Jr. College 4. Ceding -City .Streets 5. Su: imming - Chafjey Jr. College h. 39K Road Race -City Streets The California Stnte Police Athletic Federation Olympic bidding requirements include an official endorsement by the Board of Supervisors and the city government to t: hich events ore being held. In addition, no pubiic entrance fee may be charged to spectators of the events. Approsirnatety S1 0,900 is necessary' to prepare n (itm and written material on the venue sites, accommodations, and other attractions of the cities and coon h' as part of this bid. These trill be professionalh~ prepared after consultation with the County°s Economic Development Department. • {ve suggest the cities, county, and private industries participate in [he funding of the bidding e(fnrt. The Sheriff's Department will donate the time and effort ^eeded to prepare and present the hid. The Board of Supervisors has already endorsed this action. The preparation and presentation of am bid for [he 1987 Police Oh~mpics may' coat 510,999. Hopefully', h~!f the cost will be borne by titles and private interests. The actual cast of the Oh'mpic program is funded by participants and sponsoring businesses and c~yic associations. Sincerely, ~' r , ~ , ... ~.._ Floyd Tidwell, Sheriff FT:jms CJ a9Y ARCHI9ALD AVENUE CCNSTHUCTION PHASING i PNASE I -- - _~_- -- xeu '. PHASE t..-. .-. -_ _.._ up I~ aJ~ i PNA SE 3____ _//. .rx ~--~-~ I _^ neiP ti _ Yi x i :i 8'. PNASE / ~y._'yrb.._ ~ ~ _ nlui Z. .I~ ,_ _ -_ I I I ~ I I PHASE 5-_.-. I __.- I _'~L_z:~S ~-__'L_in xOGP ~ ~_ ptnu[O . a v £' _ P PROSE 6 •~ _._ _. ._ _~~,J vn i i .`_ j i Gi ( vi( O I I J -_ I LEGEND_FOR CONSTRUCTION PHASING =ten c.res u.loG...-~co.crcrr.,v. -~ ,.zv-..lr somwo, ... ~'~ OCI~t'S <wa E.'CrM~ iKRt'lulul "kiU,TE. ~.~ e roorro,;rn.w.am orr vu • r.,G. . ce `jvr£P -i°° -. <e s~f Jv~-~-l.iv~! Irv! wx~¢ ~. a u~ rn< ~~ E'E/rn ~AiliA GiGilOn.~ ilx{~IM~ ~ IOIOM VIO ni uv la.lru AvnG ARCHI9ALD AVENUE CCNSTRUCTICN PHASING i PHASE -- _ _~ -- PX45E t ~~~.~I~ _____,_ i l i ~/ E - _ e "",~yy~i~~y~~ ~~ PHASE 1 -~ .v ~;.~Y~i~_~-~-=T --_.-.-.-.- _ __ .y... -._ rv[xu[ _ _- I I I I PHASE 5-.-. -. ~ __ __ •=~ _.- _ .- _ .~ ~ - _ .~_~e v c I I .~ ~ -' vu e - n u - C i I vI - •I Ei ~ ~ L i PHASE 6 _. _.- . ~I - ~i -._ _~ .~. r ~w~x eP -_ r LEGEND FOR CONSTRUCTION PHASING ~~ m~.~res u.eour~~a.crura.~ rr..n ox~-..,oo«e.. .. IY `"wl pJvS /%CC/:.Y/An0 {C/.:P/ ~ F i J~~>r~/ ~~ r'..f FW.1.~ ~'~, "~~Yr~ pin ~ nnCflP ~ M1 X <IIIn~ PIYInIPIn I• ~nnl nnP Ifni IO.~n-nn ~~Inrn ARCH~BALD AVENUE CONSTRUCTION PHASING PHASE 1 ~ ~ ~ ~ ~ ~I ..eno[ _ .I -~ :~ _ e 7 PHASE f ~- __ .._ ~._. nnq . _~~,-~%% _ - I I w[nu[X ~~ PHASE ]-. _. rY!'~?` `~LI~ ~ i~~.-i_l ~_ i nm i r ~I •I ~ ' ~~ al PHASE 1. ~ .__, ~_ ~ 'L'~L~'..JlS'~~-~-~-1 I_ ~ Xc i- i~ H-Ti ~ _~- AV[rM1Y[O I I I~ I ~ I I .I ~~ :I ~ EI :I :I °~ .r • E x Y 8 ' ' I _-. _. I ~ ~ -- f -I F~-Xt-T AY LEGEND FOR CONSTRUCTION PHASING ~~ ua.~.rerv a ~~..r fo~anwrr.4v _~ .fF, ..~.rc/w e~~.N..r ~= ma~.xrzew~o rww oooerv ~u4' Mvl/KCfiOV.IwO Of2lI/ µ~- N CE ON'/v r J~ v[F /iA F Po / Y < J Wl /.`f J+vu J J ).v/ndM1X4 Y.X Y /nFJ/.K?~ OOYN11 X0[}1011• XX0r11X0 OIY14011 (11X1 X00 IXXi 10-N-XX 001Xn October 2, 1985 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES M A regulzr meeting of the City Council of the Ci ey of Rer.c ho Cucamonga met on Wednesday, October 2, 1985, in the Lions Park Community Ce n[er, 9161 Base Line Aoad, Rancho Cucamonga. The meeting vas called to order a[ 7:35 p. m. by Mayor Son D. Hikels. Present care Count it mesh ers: Pamela J. Wright, Charles 7. Buquet IZ, Richard M. Dahl, Jeffrey King, and Mayor Jon D. Mikels. Also present were: Assistant City Manager, Aob er[ Rizzo; City Clerk, Beverly A. Au thel et; City A[[orney, James Markman; Comsu nicy Development Director, Sack Lam; Senior Planne re, Otto Rrou til and Dan Coleman; Associate Planners, Bruce Cook and Curt Johnston; As eis[ant Planner, Nancy Fong; City Engineer, Lloyd Rubb e; Communi [y Se rvicee Director, Bill Holley. Absent: City Manager, Lauren H. Wasserman < ~ • ~ • ~ Z. ANNOUNCEMENTS/PRESENTATIONS 2A. Thursday, October 3, 1985, 7:00 p. m. - NISTORIC PRESERVATION COMNISSION, Lions Park Community Center. 2B. Wednesday, October 9, 1985, 7 :00 p. m. - PLANNING COMMISSION, Lions Park Community Cen[e r. 2C. Thursday, October 17, 1985, 7:30 p. m. - PARK OEY ELOPMENT COMMISSION, Lions Park Community Center. 2D. Thursday, October 24, 1985, 7:30 p. m. - ADVISORY COMMISSION, Lions Park Community Center. 2E. Saturday, November 9, 1985 - 7TH ANNUAL FOUNDERS DAY PARADE. + • + • ~ + ?. CONSENT CA?•ENDA_R Mr. Rizzo req ueated [he foil ow ing be added to [he Co neent Calendar as item 3Q: Approval to purchase Cellular Mob i7 Phone Eor the Sheriff's Department at a coeC not to exceed $2,100. 3A. Approval of War rents, Register No's. 85-10-02 and Payroll ending 9/15/85 for the total amount of $1,092,599.58. 3B. Forward Claim (CL 85-28) against the City by heirs of Charles D. Slone, (1) death, July 25, 1985 at 6th Street A Holmes, to City Attorney and Insurance carrier for handling. (0704-06 CLAIM). 3C. Release of Bonds b Deposits: (0602-01 BOND RELEASE). pR B3-OS - Located on 7th Street wee[ of Etiwenda Avenue; owner, Olema ns (?) Construction. Faithful Performance Bond (road) $310 ,OOO.OC RESOLUTION N0. 85-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANG NO CUCAMONC A, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 83-OS AND AU THORIZ INC A FILING OF A NOTICE OF COMPLETION FOR THE WORK Ci Cy Council Minutes October 2, 1985 Page 2 (3) TRACT 12090 - Release Guarantee of Conaeruction of median islands on Archibald Avenue; caner, USA Properties. Cash Depoei[ - Phase I $5,075.00 Phase II $5,950.00 Phase III $3,850.00 3D. Apprwal of Imprwemen[ Agr semen[, Impr wement Security and Maintenance Agreement for Tract 12590; Improvement Agreement and Security for Deeilting Basins for Tr ac CS 12590-3 and 12590-4; Impr wement Agreement and Set uriCy for Pedestrian Bridges for Tracts 12319 and 12590-2 located on the east aide of Haven Avenue, not th and south of Base Line Road, submitted by Levis Homes of California. (0602-01 AG REEMNT IMPRW EMENT). (") RESOLUTION N0. 85-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, APPRW ING IMPROVEMENT AGREEMENT, IMPROVEMENT BECURITY AND MAINTENANCE AGREEMENT AND FINAL MAP OF TRACT 12590 (5) RESOLUTION N0. 85-275 A RESOLUTION OF THE CITY COD NCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPRW ING IMPRW EMENT AGREEMENT AND IMPRW F.NENT SECURITY FOR DES ILTINC BAS INB FOR TRACT 11590-3 AND 12590-4 (6) RESOLUTION N0. 85-276 A RESOLUTION OF THE CITY COUNCIL OF TflE CITY OF AANC HO CUCAMONCA, CALIFORNIA, APPROVING IMPRW EMENT AGREEMENT AND IMPRW EMENT SECURITY FOR PEDESTRIAN BAIDG ES FOR TRACTS 12319 AND 12590-2 (7) 3E. Approval of Impr wement Agreement end Impr weme nt Security for Tract 12833 located be [v een Rochester and Et ivande Avenue e, north of Ease Line Road, submitted by the Gilliam Lyon Company. (0602-01 AG REEMNT IMPROVEMENT). RESOLUTION N0. 85-277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONG A, CALIFORNIA, APPROVING IM PROP EMENT AGREEMENT AND IMPROVEMENT SECU RlTY AND FINAL MAP OF TRACT N0. 12833 (8) 3F. Approval of Imprwemen[ Agreement and Imprwemen[ Securi tv for DR 84-51 located on the north sae[ corner of Maven Avenue end 7th Street, submitted by Harry S. Rinker. C0602-01 AG AEEMNT IMPRWEMENT). RESOLUTION NO. 85-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO CDCAMONG A, CALIFORNIA, APPRWINC IMPRW EMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REV IEM 84-S1 (9) 3G. Apprwal of Improvement Agreement end Imprwemen[ Security for Tr ac[ 12650-1 and release of Imprwemen[ Agreeme n[ and Impr wement Security for Tracts 9584, 9584-1 and 9584-2, located notch of Hillside Road on the east aide of Haven Avenue, sub mitred by [he Deer Creek Company. (0602-01 AC REEIINT IMPRW EM EN T) (0602-01 AC REEHNT RELEASE). RES OLUTIOR N0, 85-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONC A, CALIFORNIA, APPRW ING IMPRW EMENT AGREEMENT AND IMPRW EMENT SECURITY AND FINAL MAP OF TRACT N0. 12650-1 AND RELEASING IMPRW EMENT AGREEMENT AND IMPRW EMENT BECURI TY FOR TRACT NOS. 9584, 9584-1 AND 9584-2 City Council Minutes October 2, 1995 Page 3 3H. Appr wal of Real Property Improvement Agree men[ and Lien Agreement far 9411 (10) La Mesa Drive, submitted by Larry and Karen Clark. (0602-01 AG REEMNT LIEN/IMPAOV). ftES OLUTION N0. 85-2 EO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ".CCEPTING A REAL PROPERTY IMPROV EHENT CONTRACT AND LIEN AG REENENT FROM LARRY AND KAREN CLARK AND AU THORI2INC THE MAYOR AND CITY CLERK TO SIGN SAME 3L. Ap pr wel of proposed rate increases for 1985-86 for traffic signal (11) maintenance with Computer Service Division (C083-046), amounting to 15X over [he rates in effect foz the past two years. (0602-01 CONTRACT) 37. Approval of ease me at for street and rel aced purposes for 7205 Rochester !12) Avenue, submitted by Eduard and Ellen Feduniw. (1002-02 EASEMENT). RESOLUTION N0. 85-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING AN EASEMENT FOR STREET AND RELATED PURPOSES FROM EDWARD AND ELLEN FEDUNIW AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME 3K. Appr w al of Professional Services Con[r ac[ with Terrascapea (CO 85-104) to (13) prepare conceptual and final pl ana, spetiEic ationa and estime ten far [he beau[if ica[ion of Nine [eenth Street and Bese Liae Road. Fee not to exceed 55,900.00 to be funded with Beautification Funds. (0602-01 CONTRACT). 3L. Approval to execute Professional Services Contras[ with L. A. Wainscot[ and (14) Assoc iat ea (CD 85-105) for construction staking and materials testing for Base Line Roed from Teak Way to Haven Avenue. (0602-01 CONTRACT). 3M. Bet public hearing for October 16, 1985 for Community Development Block (15) Grant Program 1985-88 Noueing Assistance Plan. (0207-04 CDBG). 3N. Se[ public hearing far November 6, 1985 for Appeal of Planning Commission (15) decision denying Environmental Aa sesement and Development Review 85-13, Assured Mini-Storage. (0701-06 APPEAL). 30. Se[ public hearing for November 6, 1985 for Intent to annex Tracts 12670, 12670-I through 4, 12319, 12319-1 through 8, 12870, 12672, 10210, 11915 to Street Lighting Maintenance Dis [r itC No. 1 as Annexation No• 13 and annex Tracts 12830 and 10210 to Street Lighting Maintenance District No. 2 es Annexation No• 11. (0401-07 ST LIGHT MAINT DIS T). RESOLUTION N0. 85-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO (L.) CUCAMONG A, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNIXATION N0. 13 TO STREET LIG HTINC MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 85-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO (19) CUCAMONG A, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEKATION TO STREET LIC HTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNIXATION AS ANNIXATION N0. 13 TO STREET LIC HTING MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBSECT LONS THERETO RESOLUTION N0, 85-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO (L9) CU CAMONG A, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENG IN EEA'S REPORT FOR ANNIXATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT NO. Z .:~ . City Council Minutes October 2, 1965 Page 4 (30) RESOLUTION N0. 85-285 A RESOLUTION OF THE CITY COUNCIL OF THF. CITY OF RANG NO CUCAMONG A, CAL IFOANIA, DECLARING ITS IN TENTIUN TO ORDER THE ANN IXATION TO STREET LIC IITINC HAINT EN AN CE DISTRICT N0. 2, AN ASSESSMENT DIS TA IC T: DESIGNATING SAID ANNIXATION AS ANNIXATION N0. 11 TO STREET LIG NTINC MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING AND LIG NT ING ACT OF 1972 AND OFFBRINC A TIRE AND PLACE FOR HEARING OBJECTIONS THERETO 3P. Set public hearing for November 6, 1985 for Intent eo Annex Tzac [s 12010 and 12830 [o Landscape Hain[enance District No. 1 as Annexation No. 26. (0401•-03 LANDSCAPE MAINT DIS T). (~I) RESOLUTION N0. 85-286 A PES OLUTION OF TAE CITY COUNCIL OF THE CITY OF AANC HO CUCAMONC A, CALIFORNIA, OF PRELIMINARY APPROJAL OF CITY ENC INEER'S REPORT FOR ANNIXATION N0. 26 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (22) RESOLUTION N0. 85-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONG A, CAL SF ORNIA, DECLARING ITS INTENTION TO ORDER THE ANNIXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNIXATION AS ANNIXATION N0. 26 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIG HTINC ACT OF 1972 AND OFFERING A TINE AND PLACE FOR HEAAINC OBJECTIONS THERETO (23) 3Q. ADDED ITEM: Appr oval to purchase Cellular Nab ile Phone for [he Sheriff's Department at a cost noG to exceed $2,100. Funds [o be allocated from Che Sheriff's Department Capital Equipment Accoun [. (0606-01 EQUIPMENT LEASE/PUR). M.OTIDN: MoveL by Buq uet, seconded by Dehl to approve the Comae n[ Calendar. Motion carried unani measly 5-0. • • • ~ ~ + ;Council took item fiA out of aeq uence and heard it before [he public hearing e, although the minutes will reflece the item in eeq uentiel order). • f. > ~ ~ ~ (2i) 4q, ewvc e• nr PLANNING COlD1ISSION DECISION - DEVELOPMENT REVIEN 84-46 - FLpHERTY (PONDEROSA STEA~NOl1SE) - A request to modify Che conditions of approval for a proposed restaurant in [he Commerc iel Dietr ict (Subarea 7) and [he Maven Avenue Overlay Die[r ic[ of the Industrial Specific Plan located at the northeast corner of Haven Avenue and Arrow Highxay - APN 208-622-28. Staff report by Nancy Fong, Ae eietent Planner. (0701-06 APPEAL). Mayor Mikela opened the meeting Eor public hearing. Addressing Council were: Tom Davie, architect, who went over hie letter [o Council dated September 5, 1985 which was included in the Agenda Packs[. Diana Fl aher[y, applicant, presented [he color sch emea for both Ghe interior end exterior of the building. She expressed that the green color would repeat the color found on [he R-Mart building and would tie [hat entire center together. Jim Barton, Barton Development, expressed that when you are dealing with individual free standing buildings within a shopping complex, they have to have some differs ncee. They could be Cied together with landscaping end courtyards. There has to be some flexibility end uniquenea e. City Council Minutes October 2, 1985 Page 3 3N. Apprw al of Reel Property Improvement Agreement and Lien Agrteme nt `„r °5!! ('.0) La Mesa Drive, submitted by Larry and Karen Clark. (0602-OL AG AEEMNT LIEN/IMPAOV), RES OI,U TION N0. ft5-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, ACCEPTING A REAL PROPERTY IHPROV EMENT CONTRACT AND LIEN AG REF.MENT FROM LARRY AND KAREN CLARK AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME 3I. Ap pr wal of proposed rate increases for 1985-86 for [toff is signal (11) maintenance with Computer Service Division (C083 -04fi), amounting to 15.", over [he rates in effect fot [he past two years. (0602-01 CONTRACT) 3.7. Appr wal of easement for street and related purposes far 7205 Rochester (1^_) Avenue, submitted by Eduard and Ellen Feduniv. (1002-02 EAS ENENT). RESOLUTION N0. 85-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHCNGA, CALIFORNIA, ACCEPTING AN EAS ENENT FOR STREET AND RELATED PURPOSES FROH EDNARD AND ELLEN FEDUN IN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN TAE BAME 3K. Approval of Professional Services Contract with Te rrascapes (CO 85-104) to (13) pt spare conceptual and final plane, specifications and estimates far [he be au[if icaeion of Nineteenth Street and Baee Line Road. Fee not to exceed 55,900.00 to be funded with Beautification Fu nd e. (0602-01 CONTAAC T). 3L. Approval [e execute Professional Services Contract with L. A. Nainsm[[ and (1S) As soc ia[es (CO 85-105) for construction staking and materials testing for Base Lice Road from Teak Nay to Haven Avenue. (0602-01 CONTRACT). 3M. Se[ public Mearing for October 16, 1985 Eor GOmman icy Development Block (li) Grant Program 1985-88 Housing Assistance Plan. (0203-04 CDBG). 3N. Set public hearing Eor November 6, 1985 Eor Appeal of Planning Commission (16) decision denying Environmental Ae ae same a[ and Development Rev iev 85-15, Aaeur ed Mini-S[or age. (0701-06 APPEAL). 30. Set publ i< hearing for November 6, 1985 Eor Intent to annex Tracts 12670, 12670-1 through 4, 12319, 12319-1 [h rough 8, 12870, 12672, 10210, 11915 to Street Lighting Maintenance Dis[: ict No. 1 as Annexation No. 13 end annex Tracts 12830 and 10210 [o Street Lighting Maintenance District No. 2 as Annexation No. 11. (0401-03 ST LIG NT MAINT DIST). RESOLUTION N0. 85-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO (1') CUCAMONG A, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNIXATION N0. l3 TO STREET LIGHTING MAINTENANCE bIS TRlCT N0. 1 RESOLUTION N0. 85-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAMC NO (le) CU CAMONG A, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIC HTING MAINTENANCE DIB TRICT N0. 1, AN ASSESSMENT DISTRICT: DES ICNATINC SAID ANNIXATIUN AS ANNEXATION NO. l3 TO BTREET LIG HTINC MAINTENANCE DIE TRICT N0. l; PURRUANT TO THE LANbSCAY TNC AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR IIEARING OBJECTIONS THERETO RESOLUTION N0. 85-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO (19) CUCAMONC A, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 Ci [y Council M.inu ees October 2, 1965 Page 5 After some discussion by Council, Councilman King made the following motion: MOTION: Moved by King, seconded by Buq ue[ [o deny [he decision of [he Planning Commission and uphold the appeal in res pact [o the green color and brick facia. Motion carried unanimously 5-0. • x • • + 4B, ETIGANDA SPECIFIC PLAN AMENDMENT 85-01 - CITY OF ANC HO C CAMON A - An (_5) amendment to modify the Etiwande Spec if is P1 am, Figure 5-18 "Comauni ty Trails", and Figure 5-19, "Pedestrian Trails avd Sidewalk a", by extending the eq uestr:an trail along Ec iwanda Avenue sou [h erly to Highland Avenue, and the es tcblie*. ment of an aquas Irian trail connection to the Southern Pacific Railroad right-of-way south of Victoria Avenue, along the east perimeter of the Vict otia Planved Communi [y. Staff report by lack Lam, Commwity Developme a[ Director. (0203-OS SPECIFIC PLAN). Mayor Mikele asked if [he necessary edver tieing had been sevt out Co property owners who would be affected by th ie? Bruce Cook, Ae eociate Planner, responded [ha[ it had. Mayor Mikele then asked if we had received any correspondence iv opposition to [he Plan? Mr. Cook responded th a[ we had received only one letter which was included in [he Agenda Packs[. Mr. Lam stated [hat Nilliam Lyon Company propo eed an equestrian trail c ovtigu ous with [he Victoria Park Lane eq ueetr ion trail which will terminate at the Highland/E[ivanda intersection. This additional [rail alignment now prw id es for [he trail connection from E[iwe nda to the Regional Trail System. B o[h [he Trails Committee and [he Planning Commission felc [he new alignment made more sense and would service the community better. Mayor Mikels stated Chat the Council actually ap proved this project and directed chat an Et iwanda Specific Plae amendment come forth. Mayor Mikels opened [he meeting for public hearing. Addr esai ng Council were: Alice Fl ocker, caner of property border iag the railroad tracks, slated that during the hearivg for the ESP, she felt the trails would not go belw 19th Street. They were not notified of this. Mr. Lam responded that the trail along the tracks has always been in the Plan. Councilman ^ehl elan stated [hat the trail has always been in the ESP. I[ is hoped [hat in [he future [he [r acke will be abaod oned, then the [racks would become an ideal trail. Councilwomen Gright asked i£ this would affect her property? Mr. Lam responded [ha[ i[ would no[. There being no further public response, Mayor Mikele closed the public hearing. City Clerk Authele[ read [he Ci [le of Ordinance No. 273. ORDINANCE N0. 277 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONG A, CALIFORNIA, AMEND INC THE ETIGANDA SPECIFIC PLAN, FIGURE 5-18 - COMMUNITY TRAILS, AND FIGURE 5-19, "PEDESTRIAN TRAILS AND SIDEWALKS", BY EXTENDING THE EQU EBTRIAN TRAIL ALONG ETLWANDA AVENUE SOUTHERLY TO NIG HLAND AVENUE, AND THE ESTABL IS HHENT OF A NEG EQUESTRIAN TRAIL CONNECTION TO THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY ALONG THE EAST PERIMETER OF THE VICTORIA PLANNED COMMUNITY NOTION: Moved by Dahl, seconded by Ring to waive full reading of Ordinance No. 273. Motion carried uneni mou sly 5-0. May of Mikels set sec and reading for October l6, 1985. ~ + + • x + Ciey Council Minutes October 2, 1985 Page 6 (.6) 4C. FOOTHILL BOULEVARD CORRIDOR STUDY INTERIM POLICIES - City Council adoption of Iv terim Policies [o be applied to development pr of acts alp ng Fooeh ill Boui ev and prior to completion of the Foothill Boulevard corridor plan. Staff report by Otto Kroutil, Senior Planner. (0203-OS DEV ELOPlRiT CODE). Mr. Markman, Ciey A[[orn ey, stated [ha[ if Council adopts this Ordinance, it will be in place Eor 45 days. Council will [hen have on the Co¢se n[ Calendar a¢ Interim Aep or t, which is required by law, updating she study on the Foothill Corridor. Following this, there will be another public hearing with another Ordinance offered which will extend these policies for h+o year e. This is the firs[ hearing, then there will be an interim report, and then another hearing with an urgency ordinance which will put the policies into effect for a period of two years and forty-five days. Councilman Kivg stated [hat on page 251 where it indicates the "f ollw ing land ~ uses", we have attached [he Interim Use Regula[io ne to [he Development Code which basically sets forth all the different [y pas of uses a¢d whether they will be permitted. Each of these items are indicated in the addendum. Dose what appears on page 251 accomplish some th i¢g independent from what the addendum ac comp( ish eat Mr. Kroutil responded [hat the purpose of [he addendum is [o have one document which we can hand out to people. Th ie gives a comprehensive list of data instead of going through [he ordinance and other documents. Page 251 becomes Exhibit B [o the Ord inenc e. Mr. Johnston added that [he purpose of the policy B.3 listing was ei mply to high( igh[ the fact that th see are changes from the current development stands rd s. Mayor Mikels opened the me sting for pubi is hearing. Addressing Council was Jim Barton, Ec ovomic Development Chairman of the Chamber, stated Chat [he Chamber will be vorkivg with the staff and people who will be par[ic ipa Bing in this et udy. Th ie is a good base to get some [h ing started. There being no further public response, Mayor Hikels closed the public hearing. Ci [y Clerk Au[helet read [he title of Ordinance No. 274. ORDINANCE .~"v. 274 (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858(b) PERTAINING TO THE ESTABLISHMENT OF INTERIM DEVELOPMENT S TANDAADS FOR THE FOOTHILL CORRIDOR MOTION: Moved by Dahl, seconded by King to waive full reading end to adopt Ordinance No. 274. Motion carried uneni mou sly 5-0. • ~ x x • w No items submitted. + + + ~ ,t ~ (27) 6A. pARTIC IPATION IN 1987 POLICE OLYNPICS - Council to consider endorsing the Sheriff's Department bid [o host the California State Police Athletic Federation Oly mpica in 1987. Coe[ not Co exteed $1500.00 to be allocated from the Pol icc Contract Service Account. (1301-00 SHERIFF) Mayor Mikels called upon Deputy Chief Bob Ault, San Rerne rd inn County Sheriff's Office who was rapt esen[ing Floyd Tidwell, to make the presentation. Also with him from the Sh et iff'e Department were: Senior Deputy Michael St. Germain and City Council Minutes Oc to6 er 2, 1985 Page 7 Senior Deputy Richard 8rovn, vho were members of the 19 R7 Police Olympics Committee. Each made a presentation on she proposal. NO?ION: Moved by Mikel s, seconded 6y Buq uet to support the efforts of [he San Bernardino County Sheriff's Department For hosting the 1987 California S[a to Police Aehletic Federation Olympics allocating nn expenditure up [0 51500 and a letter of end orc ement to the Olympics State Board indicating Rancho Cuca mo nga'e support. Motion carried unanimously 5-0. • a + ~ a ~ No items submit [ed. • s ~ ,t ~ NOTION: Moved by Nr igh[, seconded by Dahl to adjourn. Ho[ion carried unaai mouely 5-0. The meeting adjourned at 8:30 p. m. Rea pec tf ally submitted~,p ~ ~ Beve\~ ~h ~~,L~(SCEt~` City Clerk Approved: November 6, 1985