HomeMy WebLinkAbout1985/07/03 - Agenda Packetn`C l~ C,~ Via; 7
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1971
Lions Park Communi [y Center
9161 Baee Line Road
Rancho Cucamonga, California
July 3, 1985 - 7:30 p.m.
All items srh~icted Eor the City Coan<il Agenda rut be in writing. The dead-
line for sobautting these iteu is 5:00 p.~. on the Yedoesday prior to [he
~e<tiog. The City Cletk"a Office receives all eucb itoa.
1. CALL TO OkDRY
A. Pi ed ge of Allegiance [o Flag.
• 8. Roll Call: Mright , Buquet _, Ni ke le _,
Dahl and Ring
C. Approval of Minutes: June 5, 1985 and June 13, 1985
2. AIRIOOIICHIRIIT9/PtESP1/TATI0N5
A. Nedneaday, July 10, 1985, 7:00 p.m. - PLANNING COt01IS-
SION, Lions Park Community Ce nc er.
B. Thursday, July 18, 1985 - i:30 p,m. - PARR DEVELOPMENT
CO[41ISS ION, Lions Park Community Ce n[er.
C. HISTORIC PRES ERYATION COMMIBS ION will not 6e meeting
during July and Au goat.
3_ COgSggT CALBIDAt
The Eolloring Consent Ca leodar i[ns are eryet[ed to be
routine sod non-wntroveraial. they rill 6e acted upon by
[he Comcil at one time without discruion.
A. Alcohol Beverage Application (AB85-12) for off-sale 1
beer b wine, Pe nny'e Pe tale, 8405 Haven Ave., Michael
P, end Penelope T. Milon.
City Couv<i1 Age cda -2- July 3, 19b5
B. Alcohol Beverage Application (AB 85-13) far on-sale beer 2
6 vine eating place, Cherany's, 9170 Naven Avenue,
Mth ony J. and Cheryl A. Piorenza.
C. Appr wal of City-Stace Agreement (00054) Supplement No. 3
9 [o seek bids far the Archibald Avenue Trunk Sewer and
Str sec Construction of 4th Scree[ to Be se Line Aoad FAU
No. 08-5420
RESOLUTION NO. 85-208 7
A RESOLUTION OP THE CITY COUNCIL OP TEE CLTY
OF RANCHO CUCAMONGA, CALIFORNIA, AOTHORIZ ING
THE ERECUT ION OF LOCAL AGENCY STATE AGREEMENT
N0. 08-5420 SOPPLENENT N0. 9
RESOLUTION N0. 85-209 8
A RESOLOTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO COCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE
"CONSTRUCTION OF ARCRIBALD AVENUE OVERLAY AND
TRUNE SEVER IN SAID CITY AND AOTHORIZING AND
DIRECTING TfIE CITY CLERE TO ADVERTISE TO RE-
CEIVE FOR BIDS
• D. Appr wal to rener maintenance contracts for: 12
Yarkvay and Irrigation Maintenance rith SCLM Co.
(C084-34) rith *3X adjuatment~
Street Sveeping with R.F. Dickson (C084-40) vi [h +4X
adjustment
Concrete Repair vi[h J.H. Concrete (0084-08) vith USX
adj us[ment
Supplementary aad Emergency Repe ire vi[h Laird Con-
struction (0084-41) vith +2X adjua tmen[ for labor only
Md [v soli<i[ bide fot Street Tree Nain[enance Con-
tract.
E. Accept the Beryl-Nel linen Storm Draio (23-4637-8069) Im- 39
pr w emente, author ire [he Ci [y Engineer Co file a No-
tice of Completion, releeee performance bond
($898,904.$0) and recen[ion ($44,945.23), and authorize
final payment.
City Council Agenda -3- July 3, 1985
RESOLUTION N0. 85-210
A RESOLUTION OF THE CITY COUNCIL OF TBE CITY
OP RANCHO COCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC INPROVENENTS POR BERYL-HELLMAN
STORK DRAIN AND ADTHORI2ING THE FILING OF A
NOTICE OF CONPLETION £OR THE NORR
F. Accept Impr ovemen[s from Ramona Avenue from Rase Line
North [o [he Pacific Electric Railzoad (11-4637-6102),
release performance bond ($75,741.93) and re[enti on
($9,137.64), and authorize final payment.
RESOLUTION N0. 85-211
A RESOLUTION OF TBE CITY COONCIL OF TBE CITY
OP RAIV CBO COCANONGA, CALIFORNIA, ACCEPTING
THE POBLIC IMPROVEIOiNTS POR RAMOPA AMEN-E
FRON BASE LINE NORTR TO THE PACIFIC ELECTRIC
RAILROAD ARD AOTHORI2ING THE FILING OF A NO-
TICE OF COMPLETION FOR THE NORR
G. Accept Real Property Impr wement Con[rac[ end Lien
Agreement for Parcel Map 8815 located vas. of Beryl and
e ouch of 19th Street submitted by Houtz A Bon.
• RESOLUTION N0. 85-212
A RESOLUTION OF TBE CITY COUNCIL OP THE CITY
OF RANCIiO COCAMONGA, CALIFORNIA, ACCEPTING A
REAL PROPERTY INPROVEMENT CONTRACT AND LIEN
AGREEMENT FRON ROUTZ d SONS FOR PARCEL NAP
8815 AND AUTNORIZ ING TIIE MAYOR AND CITY CLERK
TO SIGN 17IE SAME
H. Approval of Bonds, Agreement, and Final Hap of Tract
Na. 12830 located on the vest aide of Beryl Street,
south of 19th Street submitted by Citation Homes.
RESOLUTION N0. 85-213
A RESOLUTION OF THE CITY CODNCIL OF THE CtTY
OP RANCHO CDCAMONGA, CALIFORNIA, APPROVING
INPROVEMENT AGREFNENT, IMPROVEMENT SECll RITY,
AND PINAL MAP OF TRACT NO 12 R30
I. Approval of Pr of eeaionel Services Agreement (C085-087)
vi[h C.P.S. Consul [ing Civil Engi nears fo perform
plane, specifics ti one, and estimates for Lemon Avenue
Reconetruccion from Archibald [o Hetmase vith design
Eor box culvert cr oeeing a[ the A1[e Loma Channel.
Amount no[ [o exceed 534,200.00 to 6e paid from Ar tic Le
8 SB-725 funds.
41
42
44
45
51
52
59
60
Ci [y Council Agenda -4-
Su1y 3, 1985
• J. RELEASE OF BONDS:
Tract No. 10046 located north of Hil leide Road he[veen 80
Ar chibeld Avenue and Hesmoea Avenue and Tract No. 10047
located south of Ril h ids Road between Archibald Avenue
and Hermosa Avenue euhm i[ted by The Mden Group.
Faithful Performance Bond 5733,000.00
Labor 6 Material Bond $366,500.00
Tract Noe 12737. 12337-1. 12237-Z located east of
Hermosa Avenue northerly of Hillside Roed submitted by
Dick Sco tf, Inc,
Fai thEul Performance Bond 5392,000.00
Labor 6 Natecial Bond 5196,000.00
Trace No 9441 and 11609 located south of 4/i leon Avenue
be tveen Archihald Avenue and Rermoea Avenue submitted
by Crisman Development Corpoiati on.
Faithful Performance Bond 5650,600.00
tabor 6 Material Bond $325,000.00
Parcel Mao 7731 located an the west aide of Baven Ave-
nue be treen 6th and 7th Scree[ aubm i[ted by Sas[a Mita
• Development.
Monuments [i on Bond S 1,500.00
K. Approval to forward Claim for Equitable Indemnity by 81
Southern California Edison Company (CL85-016) relating
co Claim by James Farrar (CL84-030) to Carl Warren Com-
pany for handling.
L, Set public hearing for July 17, 1985 - Appeal of Tree
Removal Pe rmrt 85-25. M appeal bq the applicant of
the Planning Diviai on'e denial of Tree Removal Permit
85-25 for Tract 10277-2 and 10277 - Ki nge Rancho
Ee Cates (Barmaki ao).
M. Set public hearing for July I7, 1985 - Tanta Give Tract
12532 -Archibald Ae satiates. Appeal by applicant of
Planning Co®ieeion'e condition of approval for Design
Rev iev for Tents [ive Tract 12532, a reappl icetion for
design rev iev of mimoz architectural changes to [he ap-
proved elevations asd adding one nev elevation for 102
zero lot line and 9 single fem sly Iota on 14.5 acres of
tend in [he Lw Medium (4-8 du /ac) Die tr ict, located at
Monte Vista Street, he [wean Archibald Avenue and Ramona
Avenue - APN 202-181-05, 06, 1S, 16.
City Council Agenda -5- July 3, 1985
• N. Set public hearing for Mgue[ 7,
oilman Dahl of the Planving 1985 - Appeal by Co un- 91
Depe r[ment's decision
approving a Tree Removal Permert No. 85-20 to remove
four eucalyptus trees in [he Pacer Homes Tr at[ No.
12522 located on the nor ch aide of the Southern Pacific
Railroad 6e [wean Archibald and R amon.
C. Approval of [he Law Enf otcement Service Contract for 92
fiscal year 1985-86 with the County of San Bernardino.
4. ADVE[7ISED PDlLIC ~AtllGe
A. APPEAL OF TBE ADJACENT PROPERTY ONNERS ON TAOROUGRBRED 102
BTREET OP THE PLANNING CONNISS ION'S DECISION APPROVING
TENTATIVE TRACT 10349 - PLAZA eOILDERS. A total resi-
dential development on 33.2 net acres of land in the
Very Law Reaidenti el Di s[r ict (1-2 du/ac), located west
of Sapphire Street, south of Jenne[ S[r ee[ - APN
1043-121-3, 1062-161-1 and 1062-011-3. Item continued
from Hay 1, 1985.
B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS
AMENDMENT 85-06 - CITY OF RANCHO COCAMONCA. M amend-
ment to the Development Districts Map from Lw-Hedium
Reside n[i al (4-8 du/ac) and Low Re si dev[i al (2-4 du/ac)
• [o Very Low Re eidenti al (lees than 2 du/ac) on 20.2
acres of land located on the south aide of Wilson, be-
tween Raven and Mayberry, and Co include Chose percale
fronting on the we of aide of Mayberry - APN
201-181-7-30, 59-60, 80-85.
ORDINANCE N0. 267 (second readi vg) 113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO COCAMONGA, CALIFORNIA, REZONING AS-
SESSOR'S PARCEL NUMBER 201-181-7-10, 59-60,
AND 80-85, LOCATED ON THE SOUTH SIDE OF WIL-
SON, BETNE@7 HAVEN AND NAYBERRY AND INCLUDING
TIiOSE PARCELS PRONTINC ON TEE WEST SIDE OF
NAYHEHHY FROM LOW MEDIUM RESIDENTIAL (4-8
DO /AC) ARD LOW RESIDENTIAL (2-4 DU/AC) TO
VERY LON RESIDENTIAL (LESS TRAM 2 DU/AC)
C, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT
AMENDMENT A5-02 - ROOYMAN. A Development Diatrtct
Amendment Erom Medium Residential (8-14 du/ac) to Low
Medium Residential (4-8 du/ac) £oz 9.75 acres of land
located e[ [he noztheae[ corner of Archibald Avenue end
Righland Avenue - APN 201-252-23, 25, 26.
Ci[y Council Agenda -5- July 3, 1985
ORDINANCE N0. 268 (second reading) 114
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO COCAMONCA, CALIFORNIA, RE20N ING AS-
SESSOR'S PARCEL NUMBER 201-252-23, 25, 26 LO-
CATED ON THE NORTHEAST CORNER OF ARCR IBALD
AVENUE AND HIGHLAND AVENUE FROM MEDIDM RESI-
DENTIAL ( &14 DU /AC) TO LOW MEDIUM RESIDEN-
TIAL (4-8 DU/AC)
D. INTERIM 20NING ORDINANCE PERTAINING TO THE ESTABLISH- 115
MENT OF ADULT BUSINESSES.
E. ORDERING THE MORE IN CONNECTION WITH ANNEEATION N0. 9 120
FOR TRACT NOS 12588 AND 12028 THROUGH 12031 TO STREET
LIGHTING MAINTENANCE DISTRICT N0. 2.
RESOLUTION N0. 85-214 122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
WO RR IN CONNECTION KITH ANNERATION N0. 9 TO
STREET LIGHTIHG MAINTENANCE DISTRICT N0. 2
AND ACCEPTING THE ENGINEER'S REPORT FAR TRACT
NOS. 12588 AND 12028 TNROUGB 12031
F. ORDERING THE NORR IN CONNECTION WITH ANNE7GITION N0. 11 128
. FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO STREET
LIGHTING MAINTENANCE DISTRICT N0. 1.
RESOLUTION N0. 85-215 130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONCA, CALIFORNIA, ORDERING THE
WORK IN CONNECTION WITH ANNERATION N0. 11 TO
STREET LIC RTING MAINTENANCE DI5 TRICT N0. 1
AND ACCEPTING 1HE FINAL ENGINEER'S REPORT FOR
TRACT NOS. 12588 AND 12028 THROUGH 11031
G. ORDERING THE WORE IN CONNECTION WITR ANNERATION N0. 24 138
FOR TRACT NOS. 12588 AND 12028 THROUGH 12031 TO LAND-
SCAPE MAINTENANCE DISTRICT N0. 1.
RESOLUTION N0, 85-216 140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OP RANCNO CllCAMONGA, CALIFORNIA, ORDERING THE
WORR IN CONNECTION WITH ANNEEAT ION N0. 24 TO
LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND AC-
CEPTING THE FINAL ENGINEER'S REPORT FOR TRACT
NOS. 12588 AND 12028 THROUGH 12031
City Council Agenda -7- Jury 3, 1985
s. sae-eDVnTISaD eaeelecs
No items wbmi[ted.
6. CITT MIeA,G6e'S STA1- e6YOeTS
A. STATUS REPORT ON APARTMENT DEVELOPMENT. The City Coun- lqJ
cil will rev iev existing and pr opoeed apartment
proj ecte in [he ves[ern portion of the City in order [o
discuss future direction relative co apartment develop-
ment.
B. ADVISORY COIMISSION'S BECOIDIENDATIONS EEGARDING CAM- 154
YAIGN PINANCING FOR CITY ELECTIONS. Item continued
from June 19, 1985 meeting.
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STAFF REPORT
DATE: July 3, 1985
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
L~/ 9
^y~ ~ j I:
~.
19ST ' ~
SUBJECT: Approval of City-State Supplemental Agreement No. 9 and approval to
seek bids for the Archibald Avenue Trunk Sewer and Street
Construction, 4th Street to Base Line Road FAU No. 08-SBd-R000
M-R078(1)
s
Attached for Council approval are resolutions authorizing bidding of the
subject project and authorizing the Mayor and City Clerk to execute City-State
Supplemental Agreement No. 9. It should be noted that final authorization has
not yet been received from CalTr ans to bid the project and the attached
Supplemental Agreement is only a facsimile ~f the actual agreement which has
not yet been received. Final bidding and agreement execution will not be
completed until final documentation has been received from CalTrans. In order
to avoid any possible delays, we wished to obtain Council authorization to
proceed as soon as possible. Ne expect the final documentation shortly after
the July 3, 1985 meeting.
RECOMIENOATION
It is recommended that Council approve the resolutions authorizing bidding of
the Archibald Avenue Street Construction and Trunk Sewer line from 4th Street
to Base line Road on the date determined by the City Engineer and authorizing
the Mayor and Cfty Clerk to execute the City-State Supplemental Agreement No.
9.
Res ectfully subpm~tted,
~ ~~~
LBH 'aa
Attachments
J
:~•
•
City of
Lcrd Agc), Rancho Cuc amo naa
Supplement Vo. 9
To Local Agencc-State
Agreement Xo. 08-3420
Project SD. M-R078~_
- F A C S I M I L E-
PROGR~aI
OF
LOC:1L AGEXCI' FEDER4L-aID CRBaN SS'STE)I PROJECTS
I\ THE
CITY OF~NCH~C[isrA[.IQ:iGA
Loral Acrnry
l J
Pursu;mt to the Federal-Aid for Crhan Systems Acts, the attached "Program" of Federal-Aid
Crban Scstem Projects nr.ukrd "Exhibit B" is hrreb}' incorporated in drat \laster agreement for
the Federal-aid Program .ehirh +r~as entered into behr~een the above named LOCAL aCEXCI-
and the STATE nn ~ ,and is subject to all of the
teens and conditlons thereof.
The sub~rct progrmn is adopted m accord.mce with Paragraph 2 of Article II of the aforemen-
tioned acreement under authorih' of City. (kltttt%s' Resolution \o.
appro+'ed by the Cih~ ('nuncilr'lT3Cifc3RKX1Y{$IYadXY-COn
(See copy attached).
CITY OF RANCHO CUCAb10NGA
Laa7 A~crcy
Bc
. ayor
C I
Appro+ed (or State
Dnmu Uerrmr o on~xmonrm
Dittric( _0.8 ___
Dr. partment nt Tran+portaturn Daee
ou... ane
Att~sr
City Clerk
I hereby Czrt Jy anon
for Ines encumbrance. my own pzrsonal knovA gage Ihal budgeteG IuMS are availablz
Account in9 Olhcer 5
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F G N C C C G UI
H N A M b H: W
N M C
RESOLUTION ND. ,
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF LOCAL
AGECY STATE AGREEMENT N0. 08-5420, SUPPLEMENT N0. 9
WHEREAS, the City of Rancho Cucamonga wishes to take advantage of
additional State funding for their reconstruction of Archibald Avenue: and
WHEREAS, said funding requires the execution of Local Agency State
Agreement No. 08-5420, Supplement No. 9 by an authorized agent.
NOW, THEREFORE, BE IT RESOLVED, that the City Councii of the City of
Rancho Cucamonga approves the execution of Local Agency State Agreement No.
OB-5420, Program Supplement 80. 9 and authorizes and directs the Mayor and
City Clerk to execute said agreement on its behalf and transmit to the State
for processing.
PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
RYES:
NOES:
• ABSENT:
on Mi a s, , ayor
ATTEST:
Bever y A. Authe et, City er
[, 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 6y the City Council of the City of Rancho Cucamonga, at
a regular (special, adjourned) meeting of said City Council held on the 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
Bever y A. Authe et, City erk
,jaa
i>
• RESOLUTION N0.
A RESOLUTION OF 7HE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING PLANS AND SP EC If ICATIONS FOR THE
"CONSTRUCTION OF ARCH IBALO AVENUE OVERLAY AND TRUNK
SEWER IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct
certain improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and spc if ications presented
6y the City of Rancho Cucamonga be and are hereby approved as the plans and
specifications for "Construction of Arch i6ald Avenue Overlay and Trunk Sewer".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING, SERLED BIOS OR PROPOSALS"
• Pursuant to z Resolution of the Council of the City of Rancho Cucamonga,
San Bernardino County, California, directing this notice, NOTICE IS HEREBY
GIVEN that the said City of Rancho Cucamonga will receive at the Office of Lhe
City Clerk in the offices of the City of Rancho Cucamonga, on or before the
hour of Z:00 o'clock P.M. on the day of 19 sealed bids
or proposals for the "Construction of Archibald Avenue Overlay and Trunk
Sewer" in said City.
Bids will 6e opened and publicly read immediately in the office of the
City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the
City of Rancho Cucamonga, California, marked, "Rid for Construction of
Archibald Avenue Overlay and Trunk Sewer.
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1
and 2, the Contractor is required to pay not less Lhan the general prevailing
rate of per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general prev ail ina
rate of per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of California
is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the
office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road,
Suite C, Rancho Cucamonga, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site. •
The Contractor shalt forfeit, as pen salty to the City of Rancho
Cucamonga, twenty-five dollare ($25.00) for each laborer, workman, or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman, or meth ar~ic is paid less than the general prevailing
rate of wages hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of the
provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code
as amended by Chapter 971, Statutes of 1939, and in accordance with the
regulations of the California apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1177.5 and 1717.6
of the Labor Code concerning the employment of apprentices by the
Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor
employing tradesmen in any apprenticeab le occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and.
which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen that will be used in the performance of the
contract. The ratio of apprentices to journeymen in such cases shall not
be less than one to five except: •
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior
to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor proof des evidence that he employs registered
appent ices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for
the administration of apprenticeship programs if he employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if
other Contractors on the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1717.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and •
other requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or
• from the Oiv is ion of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract and the Contractor and anv
subcontractor under him shall comp .y with and be governed by the laws of the
State of California having to do with working hours as set forth in Division
2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California
as amended.
The Contractor shall forfeit, as a penalty to the City of Rancho
Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work here inbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed
to execute the work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining agreements filed
in accordance with Labor Code Section 1713.8.
The bidder must submit with his proposal cash, cashier's check, certified
check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount
equal to at least ten percent (10°:) of the amo +nt of said bid as a guarantee
that the bidder will enter into the proposed contract if the same is awarded
to him, and in event of failure to enter into such contract said cash,
• cashier's check, certified check, or bond shall become the property of the
City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall 6e applied 6y the
City of Rancho Cucamonga to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the
contract for said work shall be one hundred percent (100:1) of the contract
price thereof, and an additional band in an amount equal to fifty percent
(50X) of the contract price for said work shall be given to secure the payment
of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind
done thereon, and the Contrctor will also 6e required to furnish a certificate
that he carries compensation insurance covering his emp ioyees upon work to be
done under contract which may be entered into between him and the said City of
Rancho Cucamonga for the construction of said work.
No proposal will be considered from a Contractor who is not licensed in
accordance with the provisions of the Contractor's License Law (California
Business and Professions Code, Section 7000 et. seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form has not been
issued by the City of Rancho Cucamonga.
The work is to be done in accordance with the profiles, plans, and
specifications of the City of Rancho Cucamonga on file in the Office of the
City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of
~~
the plans and specifications will be furnished upon aRPlicat ion to the City of
Rancho Cucamonga and payment of 515.00, said $15.00 is nonrefundable. •
Upon written request by the bidder, copies of the plans and specifications
will be mailed when said request is a¢ompanied by payment stipulated above,
together with an additional nanreimbursab le payment of $ to cover the
cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Rancho Cucamonga.
In accordance with the requirements of Section 902 of the General
Provisions, as set forth in the Plans and Specifications regarding the work
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substitute
authorized securities in iieu of monies withheld (performance retention).
The City of Rancho Cucamonga, California, reserves the right to reject any
and all bids.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this day of 19_
PASSED ANO ADOPTED by the Council of the City of Rancho Cucamonga,
California, this _ day of 19_
•
ATTEST:
City Clerk
ICJ
n rmv~ nc o n w•n rrn nrn • w•n w
r~
U
•
____ __ _____. ____ _____.._.... ___ ~~i-_y ~l~
STAFF REPORT ;.~°~''-'~~`
~/ ~
~.
z; ~~~:i
DATE: July 3, 1985 °~ iii:
T0: City Council and City Manager
~9';
FROM: Lloyd B. Hubbs, City Engineer
BY: Dave Leonard, Maintenance Superintendent
SUBJECT: Annual Maintenance Contracts
The annual maintenance contracts can be renewed for an additional twelve
months at a rate not to exceed SO%. The following requests have been
made by the current contractors (see attached letters).
CONTRACT COMPANY CONTRACT ADJUSTMENT
Parkway & Irrigation SCLM Co., La Verne +3%
Street Sweeping R.F. Dickson, Downey +4%
Concrete Repair J.H. Concrete, R.C. +5X
Annual Supplementary
& Emergency Contract Laird Const., Montclair +p% (labor On1 y)
Street Tree Maintenance United Pacif it
*Will not renew without +10X adjustment.
RECOMMENDATION:
Based on the current Consumer Price Index and the satisfactory
performance of the contractors, it is recommended that Council authorize
renewal of the above contracts for an additional twelve month period
commencing July 1, 1985 and expiring June 30, 1986. Additionally it is
recommended that Council authorize the solicitation of bids of the Street
Tree Maintenance Contract.
Respectfully submitted,
~'
L :DL:bc
Attachments
i'
~~~..u,. cn aoaaea
Landscape Contractors
~~ 1343 C ST°cIT. Li. ~.'E°.AE CALIFC°'.iA C1750
~?~ ~~c3
..r.~~,~. ~~~: :day 22, 1935
City of Rancho Cucamonga
Mr. Dave Leonard
P. 0. Box 80~
Ran c:^.o Cucamonga, Ca. 91~j0
Dear Dave:
As provided for in our current contract, the percent of increase
we would request for renewal is 3~. This would make the monthly
cost per square `oot .0109•
As we discussed, there will be turf areas added to the contract.
The cost for mair.t enance of turf is slightly higher than
ground cover. 7Je would request a rate of .0125 per square foot
per month for any turf areas that are added.
If you have any questions please feel free to call.
Sincerely, \
Y-~""
Thomas A. Hanson
President
SCLM Go., Inc.
TAH/prh
ccc_v tf~i.
.``.' '
,-
s I~.~"kkfi\_.
G Z
~(C x
19''
May 28, 1985
CITY OF RANCHO CUCANIONGA
u.~.JOn D. aiikds
r....am..r„..
Charles J, Nuquc~Il Ja ffre~ fiinG
NieharJ )I. flu hl I'nmeLi J. R nGhi
SCLM Co., Inc.
1843 "C" Street
La Verne, California 91750
Dear Tom:
This is to confirm our conversation and your letter received May 22,
1985. The annual Citywide Parkway and Irr in ation Maintenance contract
may be renewed at the rate of .01090 per s.: •: are font per month. This
represents a 3X increase from last years rate of 0.102Q. Additionally,
turf, not covered under the contract, may be added at the rate of ,01250
per square foot per month. Work covered shali he as follows:
1. Mowing & edging 4S times per year (once a week, March thru November;
biweekly, Oc to her thru February)
2. Irrigation repair as per contract document.
3. Litter control as per contract document.
4. Fertilization with balanced material 16-8-3 with sulphur and iron on
a quarterly bases.
5. As needed weed, pest and fungus control.
6. Special operations such as de latching, ov erseeding, etc., will
require separate cost proposal before 'work is performed.
Mowing frequency can be adjusted up or down at the rate of .00334 per
square foot per cycle. Yearly cost per square foot for the above
mentioned items shall be:
1• Landscape Maintenance 130 per square foot
2. Turf Maintenance 150 per square foot
Should you have any questions, please fees free to contact me at
989-1851.
Cordially,
COMMUNITY DEVEL OPI.IENT DEPARTMENT
ENC(G~'INEERING DIM SIGN
Dave Leonard
Maintenance Superintendent J
~ ~I
•
•
u
OL:bc
9770 OA5ELINE ROAD, SUITEC POST OFFICE BO%807 ft,\NC110 CL'CA\10\C.A. CALIFOftYIA 91770 (7191 9 8 9-19 91
CONTRACT PROPOSAL
• For the City of Rancho Cucamonga, project entitled "Citywide Parkway and
Irrigation Maintenance", contractor shall furnish landsczpe and irrigation
maintenance.
The undersigned bidder further declares that he has carefully examined the
location of the proposed work, that he has examined the special provisions and
specifications, and read the accompanying instructions to bidders, and hereby
proposes and agrees, if this proposal is accepted, to furnish all materials
and do all the work required to compelte the said work in accordance with the
Special Provisions and Specifications, in the time and manner therein
prescribed for the lump sum and unit cost amounts set forth in the schedule on
the following Proposal.
Beginning Monthly Monthly Yearly Cost
Oescripti on Approx. Onit Unit Cost (Monthly X 12)
Quantity fnst Contract Amount
Continuous
Parkway Maint. 1,105,360 S.F. .0109 $12,046.42 $144,581.04
as Per Contract
Specifications
• Future Turf
Area Maint. S.F. .0125
Date: nay 22, 1985 Bidder: SCtM [o., IN[
Tom
C J
~^
SUPPLEMENT
EXTRA WORK SCHEDULE:
ITEM
DESCRIPTION H URLY LABOR COST
INCL UOING OVERHEAD UNI LRB R C ST
INCLUDING OVERHEAD
A Irrigation Repair and
Installation
513.13
-----------------
B Controller Repair and
Installation
$13.13
------------------
C P ant 15 ga tree & stake --------------------- 26.01
D Plant 5 gal shrub --------------------- g. 75
E Plant 1 gal shrub --------------------- 4.64
F P ant 1 flat Groundcover --------------------- 6.18
HOURLY LABOR RATE:
ITEM CLASSIFICP.T N HOURLY RA NOT NCLUD NG OVERHEAD
A General Laborer 5.18
B Irrigation Insta ler 9.27
C Licensed Chemical Applicator 3. 3
Date: May 22, 1985 Bidder: SCLM CO. INC.
By: om Hanson
•
/~
• PARKWAY ANO IRRIGATION MAINTENANCE AGREEMENT
THIS RGREEMENT, made and entered into this day of 1985,
by and between the CITY OF RANCHO CUCAMONGA hereinafter called "City" and
SCLM CO.. INC. hereinafter called "Contractor".
SECTION 1: The Contractor, in consideration of the promises of the City,
hereby agrees to furnish all tools, equipment, labor and materials necessary
to perform and complete, in a good and workmanlike manner, the landscape
maintenance in strict accordance with Specifications entitled "Citywide
Parkway and Irrigation Maintenance" of the City of Rancho Cucamonga and in
accordance with the Contractor are hereby made a part of Lhis Contract.
SECTION 2: The City, in consideration of the performance of this
contract, agrees to pay the Contractor and the Contractor agrees to accept in
full satisf ation the sum of Dollars
($ ) per month for the initial beginning quantity of the
contract. Parkway additions during the course of the contract shall be billed
at the monthly unit cost of $.0109 per square foot for ground cover areas
and $ .0125 for turf areas of• r the balance of the contract. Duration of the
contract shall be 12 months beginning July 1, 1985 and terminating June 30,
1986.
SECTION 3: As provided for in Section A6q of the special provisions, the
• City shall have the right during the term of this agreement to review with the
Contractor the work which he has performed. If, in the opinion of the City
Engineer, the landscape maintenance has not been performed in a satisfactory
manner, the City may, upon fifteen (15) days notice in writing to the
contractor, cancel this contract. In the event of cancellation, monies due
the contractor or retained under the terms of the contract, shall be forfeited
to Lhe City, not to exceed the amount necessary to correct deficiencies in the
landscape maintenance.
SECTION 4: The Contractor shall commence work under this agreement on
July 1, 1985.
IN WITNESS WHEREOF, the parties hereto have executed this cntract as of
the date hereinabove specified.
CITY OF RANCHO CUCAMONGA
By:
Mayor
ATTEST:
City erk
CONTRACTOR
~~
ni~u4~~
•
CI
~Y
R. F.OkkwnCo Inc. Contract Sweeping 14526 CIaM Avenue
Sweeper Saba Downey CA 80462
_ Seance enO Peru
d+aN 2, 14&5
X17. Dave Leonard
Ma-urotenance Supenind¢ndent
C.i,ty o6 Rancho Cucamonga
9320 Bas eP.,ine Road, Su.i,te C
Rancho Cucamonga, Ca 91730
Deat Dave,
In accortdance with Dort contnaet We wouCd CChe"to cowt.Onue 6elrv.ing .the C.i.ty ob
Rancho Cucamonga. We wouQd Z,i.he to rtespect6u.Zfy nequea.t a 4$ .increase IC.P.1.1
$o.t ,the coming yeah .to o56set Dun .inere~eed cas.ta.
14 we can 6e o6 6un,ther heCp, p2eaee do not hea.i,tate to ca.C2.
S.iiue.te.0y,
R. F. DTCKSUN CU., INC.
...
DonaQd L. D.ichaon ' , '
Prten.Ldeltt
DL^/Jb
j •i~'.
2139415x11 ' +
213T1tB53 ~ Y +i ~'
711/5421850 ,I{ ~ ~`
CITY STREET SWEEPING SERVTCE AGREEMENT
• This Agrr_ement, made and entered into this _ day of 1985, by
and between the City of Rancho Cucamonga, (hereinafter called "CITY") and
R. F. OI CKSON CO., INC. (hereinafter called "CONTRACTOR").
SECTION 1: The Contractor, in consideration of the promise of the City to
pay, hereby agrees to furnish all equipment, labor and materials necessary to
perform and complete in a good workmanlike manner, the sweeping of designated
paved curbed public streets within the corporate limits of the City in strick
accordance with specifications, provisions and exhibits entitled "City Street
Sweeping Service".
SECTION 2: The City, in consideration of the performance of this
contract, agrees to pay the contractor on a monthly basis for work completed
as per contract proposal for a period of twelve (12) months beginning July 1,
1985 and ending June 30, 1986.
SECTION 3: Rs provided for in the specifications, the City shall have the
• right during the term of this agreement to review with the Contractor the work
which he has performed. If, in the op inin of the City Engineer, the street
sweeping has not been performed in a satisfactory manner, the City may, upon
three (3) days notice in writing to the contractor, cancel this contract. In
the event of cancellation, monies due the contractor or retained under the
terms of the contract, shall be forfeited to the City, not to exceed the
amount necessary to correct def iciencf es in the street sweeping.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the date hereinabove specified.
CITY OF RANCHO CUCAMONGA
BY:
t4 ayor
A?TEST:
ty C erk CONTRACTOR
BY
1
J H CONCRETE
Lro. 8385308
June 11, 1985
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91730
Re:City Maintenance Contract
Oear Sirs:
We hereby submit this letter to affirm our interest
in renewing our City Maintenance Contract.
Please 6e advised of an increase of 5% to our
1984 contract amounts.
Sin///cer/el/y
j~~~,1
Joo hn H. Haugland
Owner
JHH:dih
. ~ .,. -,
J'I
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10098 8TH STREET, SUITE C • RANCHO CUCAMONGA, CA 91730 • (714) 980-5103
conTRncr PROPOSnL
Concrete Repair
1C THE CITY COUP\'C 1L OF THE CITY OF RANCHO CUCANONGA: 1985-86 •
Tne undersigned bidder declares to at he has carefully examined the nature of the
prcposzd work, that he has examined the special provisions and specifications, and reatl
:nz accompanying instruction to bidders, and h==-re by proposes and agrees, if this
p~cposal is accepted, to urnish all material and do all the work reGUired to complete
rz said work in accordance wi*.h the Sp zc ial r"r ov is ions and Specifications, in the time
^~ manner prescribed for the unit cost set forth in the schedule on the following
pr posal.
ITEM I CURB AND GUTTER
ii Ei+~ I TYPE CIiY PRICE PER LINEAR FOOT
STD
8" Curb Only 301 0-50 51-1"u0 101-150 Totai
151+
Remove Across
`existing 8.09 7.51 6
93 6
65
.
.
~ onsiruct
New 8.09 7•S1 6.93 6.93
Oid
Down <Ga~ 16.18 15.02 13,86 13.58 58.64
8" Curb Face
w/1d" Gutter 302 0-50
51 -1 G0
101-150
151+ Total
Across
Remove
Existing 9.24 9.24 6.93 6.93
Co nS eruct
New 11.55 10.97 8.09 8.09
Tnta
Down (Gey~ 20.79 20.21 15.02 15.02 71.04
" Curo ace
w/24" Gutter 303 0-50 51-100 101-150 157+ Across
Remove
Existing 9.29 9.29 8.35 8.35
Construct
New II.55 II.03 9.24 9.24
Tota
Down (Gc~ 20.84 20.32 17.59 17.59 76.34
i Curs race
w/24" Gutter
0-70
51-lOC
101-150
151+
ro
Ac
ss
Remnve
Existing 10.40 10.40 7,51 7,51
~ Construct
New 12.71 12.71 9.82 9.53 ~
ota
Down (emu 23,10 23.10 17.33 17.04 80.57
i ITEM I TOTAL DOMN (~ 286.59
C-1
i~
9
•
ITEM II DRIVE APPROACH*
iI i'u4 ;I ~ iYPE CITY PRI CE ?ER S~L'ARE FOOT
STD e
A Residential ~
Approach 0-350 351-700 701-1000 1001+ Total
Across
Remove
~
Existing
1.73
1.73
I 1.45
1.45 \
L Construct
New / 2.49 2.49 ! 2.36 I 2.31
Down (Gem i 4.22 4,22 3.81 I 3.76 16.01
Commercta /
Industrial
306 ~
0-350
351-700
701-1000
1001+ Total
Across
Remove
Existing 2.31 2.20 2.09 I.I6
Construct
New 4.62 4.04 i 3.47 I 2.89
Dial
Oown (~ ~ 6.93 6.24 5.56 4.05 22.78
C A71ey
Approach i 0-350 351-700 I 701-1000 ' 1001+ Total
Across
' Remove ~
Existing 2.31 2.20 2.09 1.16
2 Construct
New ~ 4,62 4.04 3.47 2.89
~
Down ( a ~ 6.93 6.24 5.56 4.05 22.78
ITEM II TOTAL DONN (Cwt 61.57
rrtce to include returns & wings, sidewalk to be completed per Item IV
D-2
~; n
,~
I'EM I[I SPANDREL AND CRDSS GUTTER
Ii E,M III TYP"t CI Y PRIC PER SQUARE FDDT
STD ~
A 0-150 151-300 301-500 501+ po
~
Gutter c
ass
Remove j,
j Existing 2.42 2.31 1.68 1.37 r
i ConStruct
~ 26
3 26
3 15
3 2
63 /
I New
.
.
.
. ~
otal
Down Ral 5.68 I 5.57 I 4.83 4.ao 2o.a8
B i Spandre, 10-150 151-300 301-500 501+ oral
I Across
Remove
I
! Existing 5.25 4.99 4.73 4.46
Can sir uct
New
~ 7.61
I 6.3o
6.3o
6.04
Tota
j Down
~~ I 12.86
11.29
11.03
10.50
45.68
IItM I11 IUTAL UUMry
(~W~' 65.76
•
C-3
•
'7
ITEM IV SI DEMALK, SIDEIVALK RAMP AND SI DEMALK TRANSITIONS
SIDEWALKS
ITEM a TYPE CIiY PRICE PER SgUA E FOOT
IV STD ?
A "Depth
Sidewalk t p-150 151-500 501-1000 7001+ Total
Ac
ross
Exmst9n 1.96 I.85 1.16 ~! ~~
~
.99
g l
l V
~
Construct ~
New
I
,I
2.31
2.20
2.00
1.73
~;
i~~%~' ~
Tota
Down b~+t 4.27 4.05 3.16 2.72 14.20
8 6" Depth & 0-150 151-500 501-1000 1001+
I Total
Sidewalk 307 Across
Remove
Existing 2.31 2.20 I.50 1.16
Construct
12
00
3
2
89
2
31
New 3. . . .
ota
Down
(~
5.43
5.20
4.39
3.47
18.49
C B" Depth 0-150 151-500 501-1000 1001+ Tota
Sidewalk 306 Across
Remove I
Existing 2.66 2.54 1.85 I.SO i
Construct
'
New 3.58 3.58 347 2.89 ~
ota
Dawn IG.uP 6.24 6.12 9.32 4.39 22.07
D AL TOTAL OONN (~ 54.76
C-4
r~i
SIDEWALK RAMP
ITEM TYPE CITY PRICE PER SQUARE FGGT
IV
I
STD B .
D Ramp 0-150 151-350 351-500 501+ ~A~ross
' Remove // i
Existing 9.24 9.07 8.83 8.09
Construct
New 6.24 6.24 5.78 4.62
/
'
ota
Oown l ar 15.48
S I 15.31
I E"A K P 14.61
TOT L DOW 12.71 58.11
D n L RNM A N ~~
58.11
SIDEWALK TRANSITION
'ITEM r! TYPE CITY RICE PER SQUARE F00T
IV I STD A
E Transition Total
0-150 151-350 351-500 501+ gcross
Remove g•96 7
22 6
65 49
5
Existing . . .
onstruct
New 5,20 4.90 2.59 2.02
j
~
ota
Oown 14.16 I2.I2 9.24 7.51 43.03
SIDEWALK TRANSITION TOTAL DOWN ~~ 43.03
SUMMATION OF SIDEWALK ITEMS ~' ~'
S DE'WALK DTAL ~' 54.76
R MP OTAL ~~ 58.11
TRAN 51 ON 0 AL lQ 43.03
I M V O 0 WN ~ 155.90
C-5
•
~~
ITF11 V P.C.C. DEFLECTOR CURB
I E.N = TYPE CITY PRICE PER LiNE~R FWT
!V STD e
A 6" Runcfi XX io tal
Deflector 0-30 ~ 31 -i00 101-200 201+ Across
Construct i
New 11.55 9.53 ~ 9.24 6.93 37.25
" Over, ow* YY
Deflector 0-30 j 31-100
1 101-200 I 201+
Construct
New Il•55 11.27 9.z4 8.09 40.15
ITEN V TOTAL DONN < <u 77.40
*P.C.C. Apron wilt be considered same as 4" P.C.C, Sidewalk far Payment Purposes
C-6
~C
CONTRACT PROPOSAL COST SDMMATION
•
Ac c~mulat ive
Totals from Multiply
Proceeding Adjustment
Description Pages Factor Suh-fetal
Curh & Gutter ITEM I TOTAL b 286.55 % 10 2.86 s. 5n
Drive Approach ITEM II TOTAL b 61.57 X 20 = 1.231.40
Spandrel & Gutter ITEM III TOTAL b 65.76 X 10 - 65?. 60
Sidewalk, Raa~p
Trans. ITEM IV TOTAL E 155'90 X 50 1,795.oo
P.C.C .Oef lector
Curh ITEM V TOTAL E 77.40 X ]0 - 774.00
GRAND TOTAL NUMBERS ~ 13,323.5a •
GRAND TDTAL ~'d ~RD S) Thirteen Thousand three hundred h~~r~ry ~h .e
dollars and ninety cents.
~-- Signature of Bidder:
BY:
Phone E
Date:
r 1
U
C-7
~7
SUPPL Eh".E?:T "
IT~"1 VI LABOR, EQUIPMENT AND MATERIAL
Labor
Item VI
A Job Classification Hourly Rzte
t upervtsion ~ z 88
Working ore~r~an ~ 28 88
F inisner 27 i2
Laborer 26.57
Eauioment
Item VI
D Type Hourly Rate
Forming ruck 28 88
2 Dump Truck Mtn, S Yd) 51.9$
Front End Loader 51.98
Concrete Saw~Per L.F. S ~ 69.30 nin. uv to 100 LF
ack Hammer ompressor 28 88
Concrete Pump* 101.06 per 7 yd load
7.21 per yd over 7
Price to Include Set up & Take Dawn Casts
Material
Item V
C ype Cost/C uo a Yard
Crusned Aggregate/S ag ase 63.53
2 C ass ~[ -C- transit Mtx
Concre te*
57.75
Cu07C Yard Hdte oa5 ea on Tull Cruck delivery
C-8
r ,i
AGREEMENT
• THIS AGREEMENT, made and entered into this day of 1985, by
and between the City of Rancho Cucamonga, a municipal corporation, County of
San 6ernardino, State of California, hereinafter called the City, and J. H.
CONCRETE, hereinafter called the Contractor.
NITNESSETH:
FIRST: That the Contractor, in consideration of the promises of the City to
pay, hereby agrees to furnish all materials, tools, equipment, and labor
necessary to perform and complete, in a good and workmanlike manner, the items
of work described in these Contract Documents, all in accordance with the
specifications and standard drawings of the City of Rancho Cucamonga. Said
specifications, and the proposal of the Contractor, which is also on file in
the office of the City Engineer, are hereby referred to and made a part of
this contract in like manner and with the same force and effect as if
incorporated herein.
SECOND: That it is further agreed that all material, tools, equipment, and
labor shall be furnished and work performed and completed within the Lime as
required or indicated by said specifications, under the direction and to the
satisfaction of the City Engineer, and the Contractor hereby expressly agrees
to meet, observe, perform and follow every term and requirement of the
specifications.
• THIRD: That it is further agreed that in the event said Contractor fails to
furnish tools, equipment, or labor in the necessary quantity or quality, or
fails to prosecute the work or any part contemplated by this contract in a
diligent and workmanlike manner, ±he City Engineer shall make verbal or
written demand upon the contractor. If said Contractor after receipt of
demand from the City Engineer so to do, fails to prosecute said work in a
diligent and workmanlike manner within the time specified by the City Engineer
the City may exclude the Contractor from the premises or any portion thereof,
and take poss esion and complete the job as deemed best by the City. In the
procuring of the completion of said work, or the portion thereof the City
shall charge against the Contractor, and may deduct from any money due, or the
contractor may be compelled to pay the City the amount of said charge, or the
portion thereof unsatisfied.
FOURTH: That the Contractor agrees to begin the work of construction
contemplated and provided for in this contract within 10 days after receipt by
contractor of contract repair list by the City Engineer.
FIFTH: Time is declared to be of the essence of this contract, and should the
Contractor fail to complete the work required in a timely fashion the City
Engineer may exclude the Contractor from the premises, or any portion thereof,
together with all materials and equipment thereon, and may complete the work
in the manner provided in paragraph "THIRD".
J `~
SIXTN: That the Contractor agrees to save, keep and bear harmless the City
and its officers and agents from ali damages, costs or expenses in law or •
equity that may at any time arise because of any inf ringent or alleged
infringement of the patent rights of any person, firm, or corporation in
consequence of th=_ use in or about said work of any article or material
supplied or installed under this contract, which article or material was
furnished by the Contractor.
SEYENTH: That it is further agreed that the City shall not 6e held liable or
responsible for any accident, loss or damage happening to the works referred
to in this contrct prior to the completion and acceptance of the same.
EIGHTH: The Contract Proposal is hereby incorporated in and made a part of
this Agreement.
NINTH: That the City agrees, in consideration of the performance of this
contract, to pay to contractor as follows:
The Contractor shall submit to the Engineer a written estimate
of the total amount of work done. The City Engineer will
review the estimate and approve it nor notify the Contractor of
any exception. The City shall upon acceptance 6y the City
Council, issue payment to the Contractor. No such payment or
estimate shall be required to be made when in the judgement of
the Engineer the work is not procee~ing in accordance with
provisions of the contract. No such estimate or payment shall
be construed to be an acceptance of any defective work or
improper materials. •
The Contractor shall be paid in accordance with the payment
processing of the City. It is understood that any delay in the
preparation, approval and payment of these demands will not
constitute a breach of contract on the City.
TENTH: It is further understood and agreed between the parties hereto as
follows:
1. That the quantities are unknown and that all of the work contemplated by
this contract must be completed in all respects in accordance with the
specifications.
2. That the Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this contract, or of his right, title, or interest,
without the previous consent in writing of the City Council. If the
Contractor shall, without such previous written consent, assign, transfer,
convey, sublet or otherwise dispose of this contract, or of his right,
title or interest therein, or lose or be deprived of the same by operatic:;
of the bankruptcy laws or insolvency laws, or in any other manner
whatsoever, then and in any such event his contract may 6e revoked and
annulled by the City Council at their option and in their absolute
discretion, and if so revoked or annulled, the City shall thereupon be
relieved and discharged from any and all liabilities and ohligations
arising out of the same to the Contractor and/or his assignee, trustee or •
transferee; and no right shall be acquired by any such assignee, trustee
~;'
or transferee, or any one claiming under them or any of them, either at
• law or in equity, to make or assert any claim or demand whatever against
the City, whether for monies due or to become due under this Contract, or
otherwise whosoever.
3. That the words "City Council", "Engineer", or "City Engineer", and
"Contractor", when used in this contract, and/or bonds accomp anyi nn the
same, have the same meaning as when used in the specifications and-as
defined in the specifications.
4. That +h is contract shall he binding upon the City, its sucte ssors or
assigns, and upon the Contractor, his executors or administrators.
ELE4ENTH: That the Contractor agrees, pursuant to the provisions of the Labor
Code of the State of California, to pay not less than the general prevailing
rate of per diem wages and not less than the general prevailing rate of per
diem wages for legal holidays and ovet ime work, for each craft or type of
workman needed to execute the work under this agreement, as ascertained by the
City of Rancho Cucamonga, said provisions to be applicable to pay for all
workmen employed by the Contractor for work under Lhis agreement. Said rat=_
and scale are on file at the City Offices, and copies may be obtained.
TNELFTH: This Contract shall Se for a period of twelve (12) months commencing
on the day of July, 1985, and ending the 30th day of June, 1986, unless
terminated or extended as provided. The City reserves the right of option to
extend this contract from year to year commencing on the first (1st) day of
July of each fiscal year. In no event shall this contract be extended beyond
• the 30th day of June, 1987.
THIRTEENTH: In the event this contract be extended, compensation shall be as
defined in the "~Y I?JTH" paragraph adjusted as follows:
The City reserves the right to negotiate adjustment of unit cost with the
contractor at the beginning of each fiscal year. The unit cost shall not be
adjusted in excess of the change in consumer price index for the Los Angeles-
Long Beach Metropolitan Statistical Area as calculated from April 1st through
March 31st of the previous fiscal year. EXCEPT as determined by the City
Engineer as follows:
Where labor benefits are increased in the contractors labor agreement/contract
in excess of the index and/or where prevailing sages are increased in current
publication of Lhe CalTrans General Prevailing Wage Rates in excess of the
index and/or where material cost are increased uniformly in the area commonly
known as the West-End, San Bernardino County, in excess of the index and/or
where equipment rental rates are increased uniformly within the sphere of the
City in excess of the index.
Adjusted cost shall be effective July 1st of each successive fiscal year
through the term of the contract unless terminated as provided herein.
If the index is discontinued or revised during the term such other
governmental index or computation with which it is replaced shall be used in
order to obtain substantialiy the same result as would be obtained if the
index had not been discontinued or revised.
~JI
IN NITNESS NHEREDF, the said City of Rancho Cucamonga has, 6y order of its •
City Council caused these presents to be subscribed by the Mayor and the Seal
of said City to be affixed and attested by the City Clerk, and the said
Contractor has subscribed his name hereto the day and year first above
written.
CITY OF RANCHO CUCAMONGA
By:
Mayor
ATTEST:
City Clerk
CONTRACTOR
•
Approved as to form and execution
City Attorney
•
_, r`
•._! ..
LAIRD CONSTRUCTION CO., INC.
"/~ General Engineering Confr9cbr ~¢ n
r
"T
~ 4661 ARRO W HIGHWAY • MONTCiJ~I R. CALIFORNI A 91]63 • RaA O
coNSiq UCi~oM
• (7141 62a334B (]141 984.2288 ~ PAVINc
• Gq/.n ING
•CONCRETE
• XEAVY EQ V!PMENT RENTAL
June 21, 1985
City of Rancho Cucamonga
P.O. Box 807
932p Baseline Road
Rancho Cucamong a, California 51730
Atte,^.tion: }fY. pave Leon azd
Re: 1Nnua1 )fain ten ante Contract
pear Dave,
Pursuant to our phone conversation, enclosed aze the updated prices
for the annual maintenance contract, These prices reflect the wage
increases which the labor, teamster and operating engineer unions are
• presently negotiating to become effective July 1, 1985,
All uniC prices, (items ql through X11), x111 remain the same as our
current agreement dated July 5, 1984; item X12 Labor Cost Differential
and our equipment rental rates have increased since last yeas,
RespeCtfytl ~~
~ItD .C~ dC~N D., ZINC.
i 1
/.. ~~^
Ra J, Laird - ~/
Vice-president
RJL:kI
~'
~~~ rt~~ LAIRD CONSTRUCTION CO.
INC.
. ~•'~'? ,
G[Mrol Enginarin9 Conbacfar c. ww.[.o.[ uc. N..:.
'
"~ s cowr..c.en uc no
_; i '
46e1 ARROW ry1GMWAY • MOf~TCIAIR, CALIFORNIA 91743 •
.ROAD <onsinurnoN
--
'-~+~ 1714162E~234o (]1419C432ps •~AV:nc
. cRAO:Nc
.canton[
• M[AVY [OUI~M[NT n[NTAL
EGU2PMENT RENTRL RATES a5 OF
JLILV 1( 1985
_. ~-6i1 :_-:. -::_~_.. - 1 r,_ -..z______________________-__._._;ai Lam
. ~~ _-_ _
:~
. ,
c. oyZ.C ;_RS Nnca_ ..-.:i: P_C.D=~ (~ 1/c Y-3. ;__________________ :.r7. '-.:r
-. 977_ _~-P3~~ i~ VLS.)____________________________________ 9. '3'd
__ _ - ,~. _...___- __ r ,. ~.
4. - --' --' - -- - - -- a2. zd
_ _ _ _ :i1,3___________ _ __________________
6_aGE CPT ic_ c3 _„•_;:)---------------------------------- 7`.'zw
~Z
..~
RCLL=~ =-Q ~
__. __ _ __ .ci ________
?,OL__.i 'i2 -0X 3-~.Ir;=' {c '=a•_0)_________.________________
_c~ ~~ SG. ~.~2
xu~__c? it :ic :u.V f?::\E_MaTAC rtu:~tla2 -L 7c)--------------- 55. C~m
7. sa2'sE %PGE Er/..PLC-uL•.< a7___________________________
6a ZN CP.S= S;{=o',_uA-_R isi'._____________________.__________ 6a.'rm
a. _u!ucn] -nPO-CR b T.i:a.L_% (c =rt. *, L~.i-`--'-----'-----° 6~. 20
:a. 7T=ii\GFnJ cKM i? l.c:r~rtuE-IGV::<.tic. _. :T/N:L: ~:1 ~y( : u~~_ ___
- J0. 1~7J
- - , - ,~ ,r.z
9. ~~ar:< rR~oN -a u. ozm APL..) ----------------------------- 47. mm
wary wa60v is {~._aa ORLJ _____________________________ 5k. 0m
WAPE;'t iigSO}~ a6 (3.62.2, cPL.)----------------------------- 56.c:m
est. ._
1m. -~'!!? -7~JCi; ~-!.5 f1 'f0~~ 303':2~)_____.__._.__._______________ k4. :%"Z•
GLOP ': 7u0:5 1:2C. c3. _4.2°, cE. ~7 (_ <. '-C.n; ,: ~(-) -____.____-.__._ 4,J. Z~,
uu:r,P I RIJC:{ a, :: o
U i~~:~. Cd. 24. Gam:. l:D• C7 (GL H ~ 1 ____.-______.__- -
^d. ELI
~~ ~ ..u. ~.. _ :,
DUMP -RuC't d .:? ~ ~2, 23, ct. _= '7 ::~- S: C~.,~~CR-Tv>---
- 55. 'mod:
RRRPG- GJ,gF LL"~: G: 2e5. 2: LI PER I>I'vL( .s, FJP
LOgG_.___..____-__
1 i. TRRSti T.iIC!< WITIi TdRILER (HISii5i0:)_____________________ E5•Z,r •
12. ?04iaR 6400::h--------------------------------------°__--- 49. Qa
,. 33.OIL TRUCi< M6-------------------- --------------------- 4B. 00
~' ~a
._ _.._____~__ _______________.~n ~.___.___ ~_ __
-° cuv~ cc
15.5=%c40e= 'n7X________________________________g;. _w_..____ _~a_:p,a
7.:.q'._u::':' ~~:?c.i =4V3 '_`\.'.. ~?n%. ~: _ SC tcu~:'.Q'~_____._______ :6 _. Z-_
:B.lrtRULL:.~ S_?:7 ~AVcR - u-~.i'c____..__ _____ y~. ~.D
~... ~__... ____~___'~_ r ______ _~_.
2'2. 34LG ~~:<'JL}C '.ti/ _v _S _______________.~___________________ 2T.?T
F.IL R.nOV'c .7^r.TcS ~R5 u~:i_'cC- T~ C RKi
33
>:
;+
~~ i
,CRUSHED AGGREGATE BASE - PLACED A110 COMPACTED.
AREA AND PRICE IN 5 UA0.E FEET
HICKNE55 0- 50 51-150, I51-500 501-1]00 1001-2000 3001-5000
10,000 OTA
ACROS
2"
.16'
~s.z]
1.79
t. i0
O.n4
0.49
0.34
0.26
-
1 I 5.26 1.70 1.1] 0.09 0.53 0.32 ~
2 ~
4 •
, 5.29 1.84 1.16 0.!~1 0.55 1
5~
,42' 5.]l 1.87 1.39 0.54
,S• 5.37 1.9x 1.24 I
•
J 1
.58'
.66' USE EDUIPMCNT ENTAL AND ITII4E AMD TERIAN FO ARE.45
9" GRE TER THAN S ONN fN 1T M 11 ~
.)S'
10"
.B '
11" ~
12" '
Item I1 - TOTAL DOWN <-
12. LRBOR COST DIFFERENTIAL
URGENT EMERGENCY AtTE 0.•s•• DVERT IME SUNDAYS/ I NORNAL TOTA
ITEA CALLOUT•s CAL~OUTR :IJURS HOLI ^.AYS IIOtWLy ACROS
anouH~ An.OUNT RATE RATE 0.ATE RAT
Vo rking q7 .10 47.10 47,10 47.10 57,85 3fi,35
pperator 45.70 45.70 45.70 45.70 56.50 34.90
Laborer 34.70 34:70 34,70 34,70 34,70 27,25
1
Gallout cost :nus[ reflect Che flat one time dollar amou t. Item u - •~•~~ •-
cost of calling out a man on urgent or emergency notices __ _
+'~ After hours must reflect the rate .`or a second shi fc,
I.e., swing shift.
•
•G4
AGREEMENT
• THIS AGREEMENT, made and entered into this day of 1985, by
and between the City of Rancho Cucamonga, a Municipal Corporation, County of
San Bernardino, State of California, hereinafter called the "City", and LAIRD
CONSTRDCTION CO., [NC. hereinafter called the "Contractor".
N I T N E S S E T H:
FIRST: That the Contractor, in consideration of the promises of the City
hereinafter set forth, hereby agrees to furnish all tools, equipment, and
labor necessary to perform and complete, and to faithfully perform and
complete, in a good and workmanlike manner, the several items of work
described hereinbefore in these Contract Documents, all in accordance with the
plans, specifications, and Standard Drawings of the City of Rancho
Cucamonga. Said plans and specifications, and the proposal of the Contractor,
which is also on file in the office of the City Engineer of said City, are
hereby referred to an made a part of this contract in like manner and with the
same force and effect as if incorporated herein.
SECOND: That it is further agreed that said tools, equipment, and labor shall
be furnished and said work performed and completed within the time as required
or indicated by said plans and specifications, under the direction and to the
satisfaction of the said ity Engineer, and the Contractor hereby expressly
agrees to meet, observe, perform and follow every term and requirement of said
specifications.
• THIRD: That it is further agreed that in the event said Contractor fails to
furnish tools, equipment, or labor in the necessary quantity or quality, or
fails to prosecute the work or any part thereof contemplated 6y this contract
in a diligent and workmanlike manner, the City Engineer shall make verbal or
written demand upon the contractor. If said Contractor after receipt of
demand from the City Engineer so to do, fails to furnish tools, equipment or
labor in the necessary quantity or quality, and to prosecute said work and all
parts thereof in a diligent and workmanlike manner, or after commencing so to
do within the time specified by the City Engineer fails to continue so to do,
within time specified, then the City may exclude the Contractor from the
premises or any portion thereof, and take possession of said premises or
complete the work contemplated by this contract or any portion of said work,
either by furnishing the tools, equipment, labor or material necessary
therefor, or by letting the unfinished portion of said work, or the portion
taken over by the City to another Contractor, or by a combination of such
methods. In any event, the procuring of the completion of said work, or the
portion thereof taken over by the City, shall be a charge against the
Contractor, and may be deducted from any money due or becoming due him from
the City, or the Contractor may be compelled to pay the City the amount of
said charge, or the portion thereof unsatisfied.
FOURTH: That the Contractor agrees to begin the work of construction
contemplated and provided for in this contract within:
Emergency Conditions: 2 (two) hours when specified as such by the City
Engineer.
Ur ent Conditions: 48 hours when specified as such by the City Engineer.
Norma on tons: 10 days after receipt 6y contractor of written
notification by the City Engineer to proceed with work.
a~
F[FTN: Time is declared to be of the essence of this contract, and should the •
Contractor fail to complete the work required to 6e done hereunder, on or
before the time of completion herein stipulated, together with such additional
time as the City Engineer of the City of Rancho Cucamonga may grant said
Contractor for cause, it is mutually understood and agreed between the City
and the Contr ac for Chat the City may exclude the Contractor from the premises,
or any portion thereof, together with all materi al5 and equipment thereon, and
may complete the ~nork contemplated by this contract in the manner provided in
parag~~aph "THIRD" hereof, and with like farce and effect as if the Contractor
had failed to prosecute the work in a diligent and workmanlike manner. It is
further mutually agreed, by and between the parties hereto, including the
surety or sureties on the bond attached to this cantrac t, that in the event
additional Lime is granted said Contractor within which the work required
hereunder may be completed, such extension or extensions shall not affect the
validity of this contract or release said surety on the bonds given in
connection therewith.
SIXTH: That the Contractor agrees to save, keep and bear harmless the City
and its officers and agents from all damages, costs or expenses in law or
equity that may at any time arise or be set up because of any infringement or
alleged infringement of the patent rights of any pert osn, firm, or coproration
in consequence of the use in or about said work of any article or material
supplied or installed under this contract, which article or material was
furnished by the Contractor.
SEVENTH: That it is further agreed that the City shall not be held liable or •
respns ible for any accident, loss or damage happening to the works referred to
in this contract prior to the completion and acceptance of the same.
EIGHTH: The Bid Proposal is hereby incorporated in and made a part of this
Agreement.
NINTH: That the City agrees, in consideration of the performance of this
contract, to pay to contractor as follows:
The Contractor shall submit to the Engineer, Labor and Material
Lien Releases and a written estimate of the total amount of
work done. The City Engineer will review the estimate and lien
releases and approve it or notify the Contractor of any
exception. The City shall upon acceptance by the City Council
and after deducting all previous payments and all sums to 6e
kept or retained under the provisions of this contract, issue
payment to the Contractor. No such payment or estimate shall
be required to be made when in the judgement of the Engineer
the work is not proceeding in accordance with provisions of the
contract. No such estimate or payment shall be construed to be
an acceptance of any defective work or imporper materials.
The Contractor shall be paid the total contract price in
accordance with the payment processing of the City. [t is
understood that any delay in the preparation, approval and
payment of these demands will not constitute a breach of •
contract an the City.
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TENTH: It is further understood and agreed beb;ieen the parties hereto as
follows:
• 1. That the quantities are unknown and that all of the work contemplated
by this contrct must be camel eted in all respects in accordance with
the plans and specifications hereinbefore mentioned, whether the
quantities of materials required or the work and labor to be
performed are greater or less than anticipated.
That the Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this contract, or of his right, title, or
interest in or to the same or any part thereof, without the previous
consent in writing of the City Council. If the Contractor shall,
without such previous written consent, assign, transfer, convey,
sublet or otherwise dispose of this contract or of his right, title
or interest therein, or lose or be deprived of the same by operation
of the bankruptcy laws or insolvency laws, or in any other manner
whatsoever, then and in any such event this contract may be revoked
and annulled by the City Council at their option and in their
absolute discretion, and if so revoked or annulled, the City shall
thereupon be relieved and discharged from any and all liabilities and
obligations arising out of the same to the Contractor and/or his
assignee, trustee or transferee; and no right shall be acquired by
any such assignee, trustee, or transferee, or any one claiming under
them or any of them, either at law or in equity, to make or assert
any claim or demand whatever agsinst the City, whether for monies due
or to become due under this contract, or otherwise whosoever.
• 3. That the words "City Council", "Engineer", or "City Engineer", and
"Contractor", when used in this contract, and/or the bonds
accompanyf ng the same, have the same meaning as when said words, or
any of them, are used in the plans and specifications for the work
herein mentioned and described, as said words are defined in said
specifications.
4. That this contract shall be binding upon the City, its successors or
assigns, and upon the Contractor, his executors, administrators,
successors or assigns.
ELEVENTH: That the Contractor agrees, pursuant to the provisions of the Labor
Code of the State of Calffornt a, to pay not less than the general prevailing
rate of per diem wages and not less than the general prevailing rate of per
diem wages for legal holidays and overtime work, for each craft or type of
workman needed to execute the work under this agreement, as ascertained by the
City of Rancho Cucamonga, said provisions to be applicable to pay for all
workmen employed either by the Contractor or by any subcontractors doing or
contracting to do, and work under this agreement. Said rate and scale are on
file at the City offices, and copies may be obtained.
TNELFTH: This Contract shall be for a period of twelve (12) months commencing
on the day of , 1985, and ending the 30th day of June, 1986,
unless terminated as herein provided.
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IN NITNESS MHEREOF, the said City of Rancho Cucamonga has, by order of its
City Council caused these presents to be subscribed by the Mayor and the Seal
of said City to be aff ized and attested by the City Clerk, and the said •
Contractor has subscribed his name hereto the day and year first above
written.
CITY OF RANCHO CUCAMONGA
By:
Mayor
ATTEST:
CONTRACTOR
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DATE: July 3, 1985
CITY OF RANCHO CUCAbIONGA
STAFF REPORT
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Michael 0. Long, Senior Public Works Inspector
SUBJECT: Acceptance of Beryl-Hellman Storm Drain
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1917 I
The Beryl-Hellman Storm Drain (23-4631-8069) Improvement Project has been
completed to the satisfaction of the City Engineer. It is recommended that
the Council approve the acceptance of the project, authorize the final payment
and direct the City Engineer to file a Notice of Completion with the County
Recorder and release performance surety (E898,904.50) and retention
(E44,845.23).
RECOMMENDATION
It is recommended that Council accept as complete the Beryl-Hellman Storm
Grain (23-4637-8069) Improvements and pass the attached resolution authorizing
the City Engineer to file the Notice of Completion and release performance
bonds and retention and authorize final payment.
Resp ctfully sub tied,
BH Jas
Attachments
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RELOROING 0.EOUESTEO BY
CITY OF AANCHO CULAMONGA
P. 0. Box 907
Rancho Cucamonga, California 91?30
WHEN RECOROEO MAIL T0:
LSTY LLERK
CITY OF RANCHO CUCAMONGA
P. 0. Boa B07
Rancho Cucamonga, California 91730
NOTICE OF COMPLETION
NOTICE [S HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in [he
hereinafter described real property, the nature of which interest or estate
is:
BERYL-HE LLXAN STORN GRAIN
2. The full name and address of the undersigned owner is: CITY OF
AANCNO CUCPHONGA, 9320-C Base Line Road, P. 0. Boa 807, Aancho Cucamonga,
California 91730,
7. On Me 3rd day of duly, 1985, there wai cpmpteted on the •
hereinafter described real property the wprk of improvement Set f¢Rh in the
COOLr dG[ d0[Yme025 fOr:
BERYL-HELLMAN STORM GRAIN
4. The name of the original contractor far the work of improvement
d5 d wtlOle wd5:
0.1VEAA IOE CONSTRUCTION
5. The real property referred tp herein fN situated 1n the City of
Rancho Luc amanga, County of San Bernardino, Calfforn la, and is described as
follows:
BERYL-HELLMAN STORM GRAIN
CITY OF RANCHO CUCAMONGA, a
municipal corporate an, Owner
oy ..u s, y ng neer
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RESOLUTION N0. EO7-03-04R
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR BERYL-HELLMAN STORM DRAIN ANO RUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Beryl-Hellman
Storm Drain (23-4637-8069) 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, he it resolved, that the work is herehy accepted and
the City Engineer fs authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
AYES:
NOES:
• ABSENT:
ATTEST:
Bever y A. Authe et, ity er
on .Mike s, ayor
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolutf on was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucamonga, at
a regular (special, ad,~ourned) meeting of said City Council held on the 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
every ut e e ty er
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: July 3, 1985
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Michael D. Long, Senior Public Works inspector
Y`c GLGMOIr.
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SUBJECT: Acceptance of Ramona Avenue from Base Line North to the Pacific
Electric Railroad
The Ramona Avenue from Base Line North to the Pacific Electric Railroad
(11-4631-8102) Improvement Project has been completed to the satisfaction of
the City Engineer. It is recommended that the Council approve the acceptance
of the project, authorize the final payment •znd direct the City Engineer to
file a Notice of Completion with the Cuunty Recorder and release performance
surety (515,741.93) and retention (59,137.64).
RECDMIIENDATION
It is recommended that Council accept as complete the Ramona Avenue from Base
Line North to the Pacific Electric Railroad improvements and pass the attathed
resolution authorizing the City Engineer to file the Notice of Completion and
release performance bonds and retention and authorize final payment.
Resp ctfully sub 'tted,
LBH:jaa
Attachments
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RECORDING REpUESTED BY
[RY OF RANCHO CULAMONGA
P. 0. Bax 907
Rancho Cucamonga, California 91]70
NNEN RECORDED MAIL T0:
CITY CL ERk
CITY DF RANCHO CUCAMONCR
P. 0. Dox 807
Rancho Cucamonga, California 91770
NOTICE OF COMPLETION
NOTICE IS HE AEBY GIVE4 THAT:
1, The undersigned is an ormer of an Interest or estate in the
hereinafter described real property, the nature of Nhi ch interest or estate
is:
AAMONA RVENUE fROM BASE LINE NORTN TO THE PR[IF I[ ELECiq IC AA IL ROAD
2. The full name and address pf the undersigned owner is: CITY OF
RANCHO CUCAMONGA, 9320-C Base Line Road, P. 0. Box 807, Rancho [uc am¢nga,
Cal ifarnia 91730.
3. On the 3rd day of July, 1985, there was c¢moleted on Me .
hereinafter described real property the work o/ improvement set forth in the
contract documents lor:
RAMONA AVENUE FROM BASE LINE NO0.TH TO THE PAL IF IL ELECTR It RAILAOAO
A. The name of the original contractor for the Nark of improvement
as a Nho1e Nas:
NREY CONSTRUCTION, INL.
5. The real prooer[y referred to herein is situated in the Lity of
Rancho Cucamonga, County of San Bernardino, Lali Pornia, and is described as
follors:
RAMONA AVENUE FACM RASE LINE NOgTN i0 THE PAC i FiC FLECTAk gpiLg0A0
CITY OF RANCHO LULAMONGA, a
municipal corporation, ONner
ate pY nu s, ity ng neer
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• RESOLUTION N0. E07-03-OSR -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR RAMONA AVENUE FROM BASE LINE NORTH TO THE PACIFIC
ELECTRIC RAILROAD ANO AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Ramona gvenue
from Base Line north to the Pacific Electric Railroad (11-4637-8102) 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 3rd day of July, 1985.
RYES:
NOES:
• ABSENT:
on a s, Mayor
ATTEST:
Bever y A. Authe et, ty er
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, da hereby certify that the foregoing Resolution was duly passed,
approved, and adapted 6y the City Council of the City of Rancho Cucamonga, at
a regular (special, adjourned) meeting of said City Council held on the 3rd
day of July, 1985,
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
every Aut a et, ,ty erk
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STAFF REPORT
DATE: July 3, 1985
TD: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Linda Beek, Engineering Technician
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SUBJECT: Accepting a Real Property Improvement Contract and Lien Agreement
for Parcel Map 8815 located west of Beryl and south of 19th Street
submitted by Houtz & Sons
The subject map, located west of Beryl and south of 19th Street, is submitted
by Houtz & Sons, A Partnership. It was tentatively approved by the Planning
Commission on December 12, 1984, and given final City Council approval
June 19, 1985.
A Real Property Improvement Contract and Lien Agreement has been received for
removal of certain structures that encroach across the property lines between
Parcel 1 and Parcel 2, and perform such grading on Parcel 1, or construct such
drainage structures on Parcel 1, as will prevent drainage from Parcel 1 from
entering Parcel 2.
RECDMIENDAIIDN
It is recommended that City Council adopt the attached resolution authorizing
the acceptance of a Real Property Improvement Contract and lien Agreement for
Parcel Map 8815.
Resp ctfull s it ed,
~:ko~
Att chments
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COVIN GTON 6 CFOWE
.ETTORNEV3 hT t%
CV
n ~ II]I WCST 51%TV STRCCT
u POST OiCICE BOY ISiS
ONTI~RIO. CrY IIPORNI.~ 91162
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, June 17, 1985
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Mr. Jerry Grant
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, California 91730
Re: Parcel Nap No. 8815
Dear Mr. Grant:
I spoke with Andy Arczynski on Friday, June 14.
He indicated that he had reviewed the agreemen± and that,
with a revision in the title, the agreement was acceptable
to him. Therefore, I have revised the front page and am
enclosing a substitute front page which I would request
that you substitute for the front page on the original
agreement which you currently have in your possession.
Andy also suggested that signature lines for the City and
an approval line for approval as to form and content for
the City Attorney be put on the final page and that the
agreement be signed off by the City Council on Wednesday,
June 19.
Should you see any problem with any of the fore-
going, please contact me immediately.
ice,
19 Respectfully,
Edward o on
of
COVINGTON & CROWE
EAH:kph
Enclosure
cc: Houtz S Sons
avl o~,.o~e, •
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• 4:r3EM RECORDED MAiL TO:
City o` Rancho Cucamonga
P.O. Sox 807
Ran c'.^.o Cucamonga, Califcrnia 91730
At,~..t ion: b1r. Jerry Grant
AGREEt. R`:^. REGARDiSG RE.'.L PROPER:'Y
X,
This Agreement Regarding Real Property is made this /Z ~'"'
day of June, 1985, ar,d provides as follows:
Recitals.
A. The undersigned are the owners of that certain parcel
of real property consisting of approximately 22.41 acres located
west of Beryl Street, south of 19th Street and north of IIaseliae
P.oad in the City of Rar.c ho Cacamo rga, County of San Bernardino,
State of California. This property consists of portions of
Lots 9 and 10, Block 16, of Cucamonga Homestead Association,
as per map recorded in Book 6 of Maps, page 4fi, records of San
Bernardino County, California.
D. The referenced real property is being divided into
• t•.ao parce'_s by ?arcel Map No. 8815. Parcel 1 will consist of
one acre in the northeast corner of the site and Parcel 2 will
consist of arnroximatel}' 21.41 acres and will consist o` the
balance of the site.
C. As of recordation of Parcel Map :10. 8815, the under-
sig;,ed •.oill be the owners of both Parcels 1 and 2 of Parcel Map
tip. 8815.
D. There are certain structures which encroach across
the propert}• lines be t•.aeen Parcels 1 and 2, specifically an old
storage house and some chicken houses. The undersigned have
requested of the City of Rancho Cucamonga that the City not re-
quire removal of the structures rah ich encroach across the property
lines of Parcels 1 and 2 until after the Parcel hlap has been
recorded and a contemplated escrow has been closed which will
allow the undersigned to sell Parcel 2 to a third party purchaser.
E. The City of Rancho Cucamonga (hereinafter "City")
has recvested assurance that the encroaching structures on the
property lines between Parcels 1 and 2 will be removed or, if the
same are not removed, that the City, if it is required to remove
the same, will be reimbursed for the cost thereof and will have
the right of access across both Parcel 1 and Parcel 2 for the
purpose of removing such encroachments.
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2. Agreement to Remove. The undersigned hereby promise •
and agree that they will cause the removal of any encroaching structures
which lie over or across the western and southern boundaries of Parcel
1, which structures will occupy portions of Parcel 1 and Parcel 2. Such
removal and demolition of structures which encroach across the property
line between Parcel 1 and Parcel 2 will be at the sole cost and expense
of the undersigned. Removal of the encroaching structures will be
accomplished and completed no later than six months following the date
hereof, unless such time is extended at the sole discretion of the City
of Rancho Cucamonga. The undersigned further agree that they will, at
their own cost, do such grading on Parcel 1 or construct such drainage
structures on Parcel 1 as will prevent drainage from Parcel 1 from en-
tering Parcel 2.
3. Promise to Pay; Lien Agreement. In the event that the
undersiy ned fail to remove the encroaching improvements or do the drainage
work as is promised in this Agreement, and the City is required, com-
pelled or determines that it is in the best interest of the City and its
citizens to cause the removal of such encroachments or do such work, the
undersigned hereby agree that they will reimburse the City for any and all
expenses incurred by the City in the removal of the encroaching structures
or doing such work. Such reimbursement will include but not be limited
to the City's expenses in removing and demolition of the structures,
cartage of material, capping utilities, labor and material in connection
therewith, administrative, legal, insurance and other related, incidental
expenses and any other expense which the City may incur in connection
therewith. The obligation of the undersigned to reimburse the City shall.
run with Parcel 1 of Parcel Map No. 8815, and shall be a lien against
said real property until the City has been repaid in full. Any amounts
owing to the City shall be payable on demand by the City and shall there-
after bear interest at the rate of twelve percent (128) per annum until
the City has been re imbur.sed in full. In the event that the City is com-
pelled to institute legal or other action to collect any amounts owing
u r.der the terms of this Agreement, the City shall 6e entitled to
recover, in addition to any other expenses and monies owed to it, the
reasonable cost of its legal and investigative expenses and court costs.
4. Right of Access. As an agreement which runs with
Parcels 1 and 2, in the event that the City is compelled to perform
the work described in this Agreement because of the failure or refusal
of the undersigned to cause Such removal and demolition, the under-
signed hereby agree that the City or the City's agents, employees,
sub-contractors or representatives may enter and cross Parcel 1 and
Parcel 2 of Parcel ptap No. 8815 to make such removal, demolition,
or other actions as may be necessary or proper in connection with
the rights granted to the City hereunder. Entrance by the City onto
Parcel 1 or Parcel 2 shall not require the consent of the undersigned
or their successors and assigns, who need not be present and need
not authorize an entry onto the described property to permit the
City or its representatives to enter thereon. The City's r. fight of
entry shall not be deemed to impose upon the City the obligation,
responsibility or liability for the care, supervision or repair of •
Parcel 1 or Parcel 2 of Parcel Map No. 8815. The City may, during
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• the progress of any work on either Parcel of the described property
keep and store thereon any necessary materials, tools and equipment.
The City shall not be liable for inconvenience, annoyance, disturbance,
loss of business or other damage incurred by the undersigned or their
successors and assigns by reason of making such demolition, or on account
of their entry upon the property or 6ri naing materials, tools and equip-
ment thereon. The City shall have the right for itself, its agents,
representatives, employees and sul,-contractors to use such right of
entry at any time for any purpose connected with this Agreement.
5. Binding Effect. The provisions and promises of this
Agreement shall bind the parties hereto, their heirs, successors and
assigns and shall run with the ownership of, and burden and benefit,
respectively, Parcels 1 and 2 of Parcel Map No. 8815.
6. Release. When the demolition of the structures encroaching
over the property lines between Parcels 1 and 2 has been completed and
the structures are removed, tiie City will take such action and ~vi11
execute such documents as may be required to release this Agreement
and the undersigned and to give the undersigned or their successors
a quitclaim deed, release or other instrument which may cause the
release of the lien of this Agreement.
7. waiver of Performance. Any obligation required hereunder
. may 6e waived only by a written waiver signed by the other party, which
waiver shall he effective only with respect to the specific obligation
being waived and shall not be deemed a continuing waiver of such obli-
gation or of any other obligation imposed on such party by the terms
hereof.
B. Miscellaneous. The masculine and neuter genders, the
singular number and the present tense, shall be deemed to include the
feminine gender, the plural number, and past and future tenses,
respectively, where the context so requires.
IN WITNESS WHEREOF, the undersigned have executed this Agree-
ment on [he day and year first above-written.
CITY OF RAN<710 CUCN,bNCA, a
municipal corporation
Jon D. hlikels, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
HOUTZ 6//SONS, a partnership
B y: U fr ~~, i ~ tl~ .
Roy t Houtz, part
/ t
By: ~./ ~
ichard V. Houtz, par er
SIGNATURES MUST BE NOTARI2ED
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Exhibit "A"
LEGAL DESCRIPTION COVERED PROPERTY)
Parcel No. 1•
The south two-thirds of Lot 9, Block 16, Cucamonga Homestead
Association, in the City of Rancho Cucamonga, as per plat recorded in
Book 6 of Maps, page 46, official records of San Bernardino County,
California;
Parcel No. 2:
The north 295 feet of Lot 10, Block 16, Cucamonga Homestead
Association, in the City of Rancho Cucamonga, as per plat recorded in
Book 6 of Maps, page 46, official records of San Bernardino County,
California.
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RESOLUTION N0. ~D7-03-1T6R
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FRON HOUTZ & SONS
FOR PARCEL MAP 8815 AND AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN THE SAME
WHEREAS, Parcel Map No. 8815, located west of Beryl, and south of
19th Street, is submitted by Houtz & Sons, A Partnership, was approved on June
19, 1985; and
WHEREAS, Removal of certain structures that encroach across the
property line between Parcel 1 and Parcel 2 and perform such grading on Parcel
1, or construct such drainage structures on Parcel 1, as will prevent drainage
from Parcel 1 from entering Parcel 2 established as prerequisite to issuance
of Building Permit has been met by entry into a Real Property improvement
Contract and Lien Agreement by Houtz & Sons, A Partnership.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rancho Cucamonga, California does accept said Real Property Improvement
Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign
same, and directs the City Clerk to record s.:~ne in the Office of the County
Recorder of San Bernardino County, Cai ifornia.
. PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
AYES:
NOES:
ABSENT:
ATTEST:
every u e et, i y er
on .Mike s, Mayor
[, 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 Councii of the City of Rancho Cucamonga, at
a regular (special, adjourned) meeting of said City Council held on the 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
every ut a et, y er
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STAFF REPORT Vn
DATE: July 3, 1985
T0: City Council and City Manager
FROM: Loyd B. Hubbs, City Engineer
BY: Linda Beek, Engineering Technician
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19]7
SUBJECT: Approval of Bonds, Agreement and Final Map of Tract No. 12830
located on the west side of Beryl Street, south of 19th Street
submitted by Citation Homes
Tract No. 12830 was approved by the Planning Commission on November 15, 1984,
for the division of 21.41 acres into 103 lots in the low Medium Development
District located on the west side of Beryl, south of 19th Street.
•
The Developer, Citation Homes, is submitting an agreement and bonds to
guarantee the construction of the off-site improvements in the following
amounts:
Faithful Performance Bond: E739,220.00
Labor and Material Bond: E369,610.00
Letters of approval have been received from the hfgh school and elementary
school districts and Cucamonga County Water District.
RECIXMENDATION
It is recommended that the City Council adopt the attached resolution
approving Tract No. 12830, accepting said bonds and agreement and authorizing
the Mayor and City Clerk to sign said agreement and to cause said map to
record.
Re~pe tfully sub tied,
p H: . o
At achments
J d
L1 iY OF RA N[HO CUCAaIO nGA
IMPR OYEMERT AGR EE MEn7
FOR
TRALT 128J0
KNDa ALL vEN 9Y THESE PRESENT S: in a[ this agree ne r, +~
made dnd Entered in[n, In cOnf nfTan Ce with the prOVi5inn5 of th^
Subdivision Nap Ac[ of the Slate pf Californfa, and of the
aDpiic able Drdin antes of the City Df poncho Cucamonga,
C al it prnia, a municipal torpor a[iv n, by and be twten said City,
hereinafter referred to as [he City, and LtiAi [08 NCMES,
a partnership hereina ter re.errE to as the
Ceveloper.
N ITNE SSE iN:
iHq i, MXEREAS, said Develcper desires [o develop certain
real DrpDerty in Said Lity as shown on the conditionally approve:
subdivision known as 7r act 128]0; and
MNEgEAS, said Lity has established certain regvi reme ^,:;
to be met by said Deve toper as prerequisite to approval of said
subdivision generally located at nest of Beryl and south of 19[n
Street.
NOM, THEREFORE, it is hereby agreed by said City and by
Said Developer as /ollows:
1. The Oevetaper hereby agrees to construct at
Devetoper~s expense all improvements described on Page 6 here-
. of within twelve months Irpm the effective date hereof.
2. This agreement shall De effective on [he date of the
resolutiDn of the Louncil of safd City approvfng [his
agreement. Thfs agreement shall De in default on the day follow-
ing the first anniversary date of said approval unless an exten-
sion of tf me has Deen granted by faitl City es hereinafter prDVid-
ea.
7, The Developer may repo es[ an ex [ens'on of Time to
complete Che terms here Di, Such request shall De submitte0 to
the City in wri Ling nOt less than 30 days before [he expirat bn
date hereof, and shall contain a statement of circvm stances
necessf tat ing the extension o1 time. The Lity shall have the
right to review the provisions o1 thfs agreement, inc lu0ing the
CpnstruC lion standards, cost es [imate, and improvement security,
and to require addustments therein ff any substantial change has
ot<urred during the term hereof.
4, Ii the Developer fails ar n¢glec is to comply with
the provisions of this a9reemen t, the Li [y shall have the right
at any time to cause said provisions to be met by any tawlul
mans, and thereupon recover from the Developer and/ar his surety
the full cost and expense incurred.
5, the Developer shall provide metered water service io
each lot of said development in accordance rf th [De regv lotions,
s~nedules, and fees of Che Cucamonga Lpunty Mater District.
6. The Developer shall be responii6le (or replacement,
relocation, pr removal of any component o/ any irrigation water
system In conflict with construction D/ required improvements tv
the sat55tac Lion df the City Engineer and the owner of such water
System,
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7. Imo nvem ents required tp be cons true led steal`
confp~m to the Sf andard 7rawings and Standard Soecif stations of
[he City, and to the ImprO Vement Plan approved by and on file it
the office Of [he Li[y Engineer. Said improvements are !abu`atef
on the Conztruct~on and Bone Estimate, hereby loco rparated On
page 5 hereof, as taken from the improvement plans listetl [hereon
by number. The Developer shall also be responsible for construc-
tion of any transitions or other incidental work beyond the tract
boundaries as needed for safety and proper surface drainage.
Errors or ammissions discovered during con strut Cin shall be
corrected upon Che direction Of the Ci[y Engineer, pevis<d a0rk
Oue to said plan mods/ic a[ipns shat! be covered by Me provisions
of this agreement and secured by the surety covering the original
planned works.
8. COns!ructi0n peraia shall be obtained by the
Developer from the office Of the Ci [y Engineer prior to start pf
work; alt regulations listed thereon shall be observed, with
attention given [o safety procedures, control Of Oust, noise, or
Other nuisance t0 [he area, and [p proper notif icatio0 of public
uH lines and City Departments. Failure to comply with this
section shall be subject to the penalties provided therefor,
9. The Developer shall be responsible far removal of
all loose rocks and ether debris from public rign is-of-way within
or adjoining said level'. re nt resv Ming from work relative to
said developmen [,
ID. Nork done within eaiz[ing streets shall be
diligently Dursued to completion; the City shall nave roe right •
to complete any and all work in the event o1 unjusti(i ed delay in
completion, and [o recover all cos[ and espense incurred from [he
Developer and/or his contractor by any lawful means.
ll. Said Developer shall at all times fol lowing dedica-
tion of the streets and easements in said subidivision, u0 to the
completion and acceptance of said work nr improvement by safd
City Council, give good and adequate warning [0 the traveling
publir. of each and every dangerous condition eeist ant ,n said
street or easement, and will protect the traveling public from
such defective or long er pus condi[i0ns.
Un[11 tll! COmpleti0n of dll imprOVenle nt5, hereln inCOrpOrated On
Page 6 , to be per/ormed, each of said streets not accepted as
improvements shall be under the charge o/ said Developer, Said
Developer may close alt or a portion Of any street subject t0 the
conditions contained in a temporary street closure permit, issued
Oy the City Engineer, whenever it is necessary to protect the
public during the construction of the improvements hereln agreed
to be made,
12. Parkway trees required to be planted shall be
planted by the Developer a/[er other im DrOV eme nt work, grading
and cleanup has been completed. Planting shall be done az
provided by Ordinance 1n accordance with the planting diagram
aDProv ed by the Lity Community Development Dlrec tar.
The Developer shall be responsible for maintaining a71 trees
planted fn good health until the end of [he guaranteed
main[en once period, or for one year after Olanting, whichever Is
Later.
l7. the Developer is responsible for meeting alt condi-
tions established by the City pursuant to the Subdiviil on Map •
Pct, Ctty Ordian<es, and this agreement far the development, and
far the maintenance of all improvements con sir uc [ed thereunder
_2.
y
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u
until the improvement is accepted for mat n[en do ce Dy the [icy,
and np imprOV ement SeaVflLy prJVldod hCfojnNi (h Sh311 De rel^35ed
Defnre SUCK dCCep23nC2 vnl°SS Ot!Ie r'nii¢ OrnVlded dnd dUChOr iL°)
Dy the Ci [y rouncil pf the Li ty.
la, This agreement shall not [ermi note ontil !n¢
maintenance guarantee security hereinafter described has been
released Dy [he City, or until a new agreenen: Loge they wi;n the
repoired improvement secvri ty has S¢en submitted to fhe City by a
SUCC¢SSOr [0 IDe hereiq Odmed, And by •es0luti0p pf the Lj(y
Council same has Deen accepted, and [his a9 reemen[ antl [he
impr ovemen[ security therefor nos Deen released.
l6. the improvement sea~rity to S¢ fprnished by the
Developer with this agreement shall consist pf the fallowing and
shall Se in a farm acceptable by Me Lily Otto me y:
A. io secure Tai [nful performanc! of this agreement,
1. A bona pr bones by one or mare duly out nori zed
corporate sureties in the form and content
specified by Government Code Sec Lien 66499,1.
2. An Im provemen[ Security hstrum ent n the farm
and content ip ecilied by the Li ty Attorney.
]. A deposit with the Cf ty pf money or negotiaple
bonds of fhe kind approved for securing
deposits Of pUbllC mo01<5.
B. To SeCUr¢ 13bOrerS dnd and to Yl almen:
1. A band ar Donds by one or more duty out horized
corporate sureties in the farm and cant ent
spec if fed Dy Government Code Section 66499.1.
2. An {mprpvement $ecun ty InSf rumenf in [he /orm
and content specified Dy the Lity Attorney.
3. A deposit with City o/ moo BY pr negotiaple
Donds o/ Che kind approved far securing
[. A cash deposit with [he City to guarantee payment
Dy the Developer fo [ne engineer pr sdr veyor whose
certificate appears upon Mp Final Map for the
setting of all boundary, lo[ corner, and street
centerline monuments and for furnishing centerline
ite notes [o [M City. the amount of the deposit
may De dny amount certified by the engineer or
surveyor as acceptable payment in fait; of, if no
value is submitted, roe cash band snap be as shown
on the Construction and Bond Estimate contained
herein.
Said cash deposit may be refunded as soon as proce-
dare permits after receio[ by the Lity pf the
centerline tie notes and wri [f en assurance of
payment in full from the en9i nser or surveyor,
0. the required bands and the principal amounts
thereof are s¢t forth an pogo 6 pf this agreement.
16. The Developer warrants that the improvements
described in this agreement shalt be free /r om defep es in
materials and workmanship. AnY and alt portions of She improve-
ments found tp be dei¢c Live within one (I) year fol lowing the
data en which the improvements are accepted by the City shall be
repaired or replaced by Developer free pf all charges to the
C'ty, the Developer shall furnish a mainten once goer an tee
security in a sum epual to ten percent (lOS) of the construction
estimate or f200,00, shit Never Is greater, to secure the fat Mfut
performance of Oevelooer's ob lig3tipns as descrteed In this para-
graph. The maintenance guarantee security shall also secure the
faithful performance by the Oeve taper of any obligation of the
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ma~n[enancet assessme nett sdfiisedr; work with respect to any park way
ct. Once the Impre vements have Seer
accepted and a maiden an ce guarantee security his Deen acc eo L:
by the City, Me Y. her impro venen! security described in tq,s
agreement may be released provided that such release is otherw ua
authors ied by the Subdl visipn Map Act and any applicable Ciry
Ordinance.
17, shat the Oeve!pper shill Cd'[E ept dnd mai 9[ain Such
puDiic liability and property damagw insurance as shall protect
him and any cpn[ractar or tube on [r ac for performing work covered
by this a reement `ram claims for pr ope^tY damages xhich 'nay
arise because of the nature of the work pr from operations under
this agreemen [, whe[h er such operations De Dy himself pr py any
contractor or subcontractor, or anyone directly or indirectly
employed Dy said persons, even thcugh such damages De not cause^.
by the negligence of the Oeve'. op er or any contr ac tar or
suDCOntractpr c- anyone employed by said persons. The public
liability and property damage insurance shall list the Ciry as
ddditonal insured and Cirectly protect the City, its officers,
agents and employees, as yell as the Oe veloper, his contractors
and his subcontractors, and all insurance po Hcies issued
hereunder sh a17 so state. The minimum amounts of such insurance
z11dII be d5 fnI1pN5:
A. Contractpr's Iiabili [y insurance providing bodily
inJury or death liability limits of not less tha
f 300, 000 for each person and $1,000,000 for each
accident or oc<urren ce, and property damage liabf l- •
sty limits of not less than $100,000 for each acci-
dent pr occurrence wf th an aggregate limit of
1250,000 for claims which may arise from the ppera-
tions of the Developer in the performance of [he
work here In provided.
B. Automobile liabi if ty Snsurarce covering ali
v ehicies used in the pe rfo~mance of [his agreement
Providing bodiiy injury liability limits Of not
lest than 5200,000 far each person and 5700,000 fo^
each accident or occurrence, and orpper[y damage
1 iaDility limits o/ not less than 550,000 far each
accident or occurrence, wi to an aggregate of not
less Chan 1100,000 which may arise from the opera-
tions of the Oeve toper or biz Contractor in
performing the work provided for herein.
18, That Def ore the esecu Lion a/ this agreement, the
Developer shall file with the City a certificate or certificates
oI insurance covering too specified insurance, Each such
certificate sh ail Dear an endorsem enf pr et lading the
cancellations, or reduction in coverage of any policy evidences
by such certificate, ~b efore the expiration of thirty (30) days
df ter the City shall have received notif is atipn Dy registered
mail from the insurance carrier,
As eeidence o1 understanding the prpvi2!pns contained herein, and
Of ntent to comply with same, the Subdiv filer has sebmi tted the
Ipllowing describes improvement security, and has of fixed hl5
signature hereto:
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FpITNf UL PERF ORMq N[E
Type: ?riot .Pal gmnurt: S73a,222.DD
Name and add ro ss of surety:
Rame end address pf surety:
CASH DEPOSIT NONUMEXTAi70N
Type: Principal dma unt:
Name and address o/ surety:
NAT ERIpL ANN LABOR PAYMENT
Type: Principal gmount; SJ69, 610.00
MAIN TENANLE GUARANTEE
type: Principal gmount:
Name and address pf surety:
TO BE P057E0 PRIOR TO ACCEPTANCE 0Y THE CITY
IN NITrvESS NER EDF, the parties heroto have caused these
presents to be duly es eceted and acknowledged vith atl
f ormali [i es re Quired by law on the Oates set foq[h opposite [heir
signatures. CITAT I~
Date by __~
F. G. L
LI'1'I^'
pate by
Accepted:
City p! Rancho Cucamonga,
California
A Mun+cipal Lorppr at ion
By;
Attes [:
.-XByMES, a rpA
,Developer
~^ re
n ton, ~ Ce velopme t Ma na qer
9UIL ^EPL a oa rtn ers M1fp
toted
Mayor
APProveA:
DEVELOPER'S SIGNATURE MUST BE NO TgR1ZE0
~h
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Developer
CITY OF AAlICND NCAMONGA ~ •
' E4GIN EERfNG DIVISION
ENC0.0ACH,YENT PE0.MIi FEE SLH EDULE
Far :corsre-e^[: .: .v.. .
Oat,; ,-,5. -_ ., D.. ~.
NO iE: Oaes not include current fee Por
xrrrting perms; or pavement depD51L
p'JdYT;'Y Dy•- -
oo'." ^'^IT
L.F. D. C.' orb - :2" L.F. 2q• :ut :er ]. 25
-.1,]f~ L.F. :gp only E. iC
L.:. .~t er-. -
S.F. q. Si
'~C-.:L - .;.. sidewalk L7i
.~ ::~ S.i a4 topn eth
-G.551`- G.F 3,.. C c D55 :D:::r ~~rc. 2. SC
_- C.Y. S;re^[ ^aava:~, pn ~~~~ 3'~D
[.`. :aa x!ed empan'rment 1. SC -
tsD
liF :n ~. 5... ?rep trot :cn of va:n:e D..E
9:3=C^_ ~.f. Crus ne,.1 aqg: base (peg ~. r:a t~ :<1 ]. C3
,~~ ran ;over _lao rnv ~ ~ 27. GD --
i0'1 A ;9C0 [D I3 ]0 tons', Jg.CO -
TOII p.^. :500 [0 9CC ;onz~ qS }~
__ i0f1 A.C. (Dn aer io0 to nsl 60.00
__ S.F. A.C. fl" th:ckl O.SB
__ S.F. Patin A.C. (trench) 1 ;~
$.F. 1" thick A, C. Overlay ~ 30
~_ EA. AdjD S[ sewer mar hole W graze 25J,^J
__ EA. paj ust sewer clean oD[ to qn de Ii0. G0 i0
EA. Adjust eat er valves to graze 75.00
_~ EA. Street hgh is IOCJ.CD
Lf. garr icades (:ntersec. 5500 min) 1.C0
L.F. 2 x A^ redwood header 1,76
_1y{7!_ g.F. Removal a/ ,;, C. Da vement 0.35 qr
L.F. Re-~D Vas of P,C.C, taro 3.30
-- L.F. Rem oval of A.C. berm 1.C0 ~~
_-~ Ed. Str=^t signs n'.i
EA. Ref;ecb rs and psts 200'00
y L.F. Co nc re;e block Pall 3'..00
F ~:: S.F. Ret et ping xall w 2i.C0 -
i0N pggre ga:e base 2C A0 '.~~+
]. CO
_~~ C.v, Concrete st ructDres q2 s.Co
a_ L.F. IB" 4CP (20J0 J) 29. C0 t_~~_~_
i~a L•F. 24" RCP (1500 C) 35,90 •
L.F. 36" RCP X2000 D) 1~'4~
;°" L.F. 4g" qCP (12 JC ]) Y9. CJ
__~ EA. Laf ch basin A Y' 75.00 __
_~ 2C 00. CO ,
EA. Ca[cn basin a 8' 29^0.00
EA. Catch has in 'a E2~ AEOC.00 i~i.
-_ EA. Local dep ressicn Y' i00.J0
EA. Local depression 12' 1DJO.OD
_~. EA. du net i~pn structure 50-C.00
-_ EA. Outlet structure, Std ?507 1500. C0
.__ EA. Gvard posts 500,00
__ L.F. Guard Danes (wood) aC. CO
__ L.F, Gav<ut 25,00
EA. Ne adw all (40^ w;ngl a 2. LO
__ L.F. Re^wp-] head e. OOC.00
,__ S.F. landscaping 3 irn gat.nn L 76 ---
L.f. Ap l' curb 2.c5
__ P. C. ~.) 7.A ____
ENG I.IE ER ING INSP ECiION fEE ajG 33 7 SU3 LOipL ,- •
'0.E STORA7I011/O EL iN EpilOn Cp SM / 00~ COpI iNGENCY COSTS cSL hl-~
OEPOS IT (REF UgOA BLE) sec /w fp1iNFUl PER FORNANC. BOnO (100X) ~9y ,.,._ '
YOAUME N7AT i0N SURETY (CASH) a7/sue LABOR AND NAiERIpI dOt10 50X
( I 3au olu
•Punuant to CItY at 8aneno Cuc angnga Nun tc loos Code, Title 1, Chapter 1.08, adopting San
Bernardino County Code lit les, Chepters 1.5, a cash restoration/de Fl neation depos It tMll
M jade Drl or to Issuance of an Engineering Canstru<li on Permt0.
8evlsed 3/84 ~ ~:
RESOLUTION N0. E47-03-OBR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, ANO FINAL MAP OF TRACT N0. 12830
WHEREAS, the Tentative Map of Tract No. 12830, consistfng of 103
lots, submitted by Citation Homes, Subdivider, located west of Beryl, south of
19th Street has been submitted to the City of Rancho Cucamonga by said
Subdivider and approved by said City as provided in the Subdivision Mao 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 establf shed 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 Buff icf ent 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 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 3rd day of July, 1985.
AYES:
NOES:
ABSENT:
on i e s, ayor
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CITY OF RANCHO CGCAIIOVGA
STAFF REPORT
DATE: July 3, 1985
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Blane W. Frandsen, Senior Civil Engineer
~cG~sip~
s`/ ~y
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19Ti
SUBJECT: Approval of Professional Services Agreement with G.P.S. Consulting
Civil Engineers to perform Plans, Specifications and Estimates for
Lemon Avenue Reconstruction from Archibald to Hermosa with designs
for box culvert crossing at the Alta Lana Channel
On April 19, the consulting firm of G.P.S. Consulting Civil Engineers
submitted a proposal for P.S. & E. (plans, specifications and estimates) for
the subject project. This firm is noted for experience in similar workings
and turn key operations.
The narrow bridge over the Alta Loma Creek is considered notably hazardous,
made so by the recent widening of the street by a new housing development.
A negotiated fee not to exceed E34,200.00 including the cost for error and
omissions insurance is noted to be paid for from the Article 8 Se 325 funds
for use on local streets. A 60-day design schedule is also to be noted.
RECOMMEROATION
it is recommended that Council approve the Professional Services Agreement
with G.P.S. Consulting Civil Engineers to perform P.S. & E. for Lemon Avenue
Reconstruction from Archibald to Hermosa with designs for box culvert crossing
at the Alta Loma Channel far a fee not to exceed E34,200.00 to be paid from
Article 8-SB 325 funds.
tted,
is
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• 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 G.P.S. Consulting Civil
Engineers (hereinafter referred to as "CONSULTANT").
A. Recitals.
(i) CI7Y has heretofore issued its Request for Proposal
pertaining to the performance of professional services with respect to the
preparation of: Oesfgn and Calculation, Construction Drawings, Specifications
and Engineer's Estimates for Lemon Avenue Reconstruction from Archibald to
Hermosa with box culvert at gita Loma Creek Channel ("Project" hereafter).
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct copy of which proposal
• is attached hereto as Exhibit "A" and by this reference made a part hereof.
(iii) CITY desires to retain CONSULTANT to perform professional
services necessary to render advice and assistance to CITY, CITY's Planning
Cortoni 55ion, City Council and staff in the preparation of Protect.
(iv) CONSULTANT represents that it is qualified to perform such
services and is willfng to perform such professional services as hereinafter
defined.
NOW, THEREFORE, it is agreed by and 6ebween CITY and CONSULTANT as
follows:
B Agreement
1. Definitions: The fallowing definitions shall apply to the
following terms, except where the context of this Agreement otherwfse
requires:
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(a) Project: The preparation of Des ign and Calculations
Construction Drawings Specifications and Engineer's Estimates described in '
Exhibit "A" including: but not limited to, the preparation of plans, 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 6y C[TY with respect to the project,
(b) Services: Such professional services as are necessary to
6e performed by CONSULTANT in order to complete the project.
tc) Completion of Project; 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 6y CONSULTANT at public hearings regarding the project •
acceptance for construction is set forth in Exhibit "3".
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and complete the
project in accordance with Exhibits "A and "D" and all in accordance with
Federal, State and CITY statutes, regulations, ordinances and guidelines, all
to the reasonable satisfaction of CITY.
(b) CONSULTANT shall supply copies of alt maps, surveys,
reports, plans and documents (hereinafter collectively referred to as
"documents") including all supplemental technical documents, as described in
Exhibit "A" and to CITY within the time specified in Exhibit ";", Copies of
the documents shall 6e in such numbers as are required by the CITY. CITY may
thereafter review and forward to CONSULTANT comments regarding said documents
and CONSULTANT shall thereafter make such revisions to said documents as are •
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• deemed necessary. CITY shall receive revised documents in such farm 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 be
retained by CONSULTANT except upon the prior written approval of CITY.
3. CITY agrees as follows:
• (a) To pay CONSULTANT a maximum sum of E34,200.00 for the
performance of the services required hereunder. This sum shall cover the cost
of all staff time and all other direct and indirect casts or fees, including
the work of employees, consultants and subcontractors to CONSULTANT.
(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 within a reasonable time after sa td invoices are
received by CITY. All charges shall be in accordance with CONSULTANT'S
proposal either with respect to hourly rates or lump sum amounts for
indivf dual tasks.
(c) CONSULTANT agrees that, in no event, shall CITY be
required to pay to CONSULTANT 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
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content to CITY. Final payment shall be 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 CONSULTANT'S proposal as
set fort'r. in Exhibit "A" hereof, shall be paid on a reimbursement basis in
accordance with the fee schedule set forth in said Exhibit "C". Charges for
additional services shall be invoiced on a monthly basis and shall be paid 6y
CITY within a reasonable time after said invoices are received by CITY.
4. CITY agrees to provide to CONSULTANT;
(a) Hydrology and backup information for design of the box
culvert at Alta Loma Creek.
(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 contact with respect to the
gathering of such information.
5. Ownership of Documents: All documents, data, studies,
surveys, drawings, maps, models, photographs and reports prepared by
CONSULTANT pursuant to this Agreement shall be considered the property of CITY
and, upon payment for services performed by CONSULTANT, such documents and
other identified materials shall be delivered to CITY by CONSULTANT.
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• 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 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 Agreement is so terminated, CONSULTANT shall be compensated at
CONSULTANT'S applicable hourly rates as set forth in Exhibit "C", 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 CONSULTANT receive more than
the amount specified in paragraph 3 (a), above except as provided Sn paragraph
3 (d) above. CONSULTANT shall provide to CITY any and all documents, data,
studies, surveys, drawings, maps, models, photographs and reports, whether in
draft or final form, prepared by CONSULTANT as of date of termination.
CO?1SULTANT may not terminate this Agreement except for cause.
7, Notices and Des ianated Repr~~entativ~s: Any and all
notices, demands, invoices and written concnunicat ions between the parties
hereto shall be addressed as set forth in this paragraph 7. The below named
I 1
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individuals, furthermore, shall be those persons primarily responsible for the
performance by the parties under this Agreement: Norman K. Spielman, Project
t4anager, for and in behalf of the CONSULTANT and Blane W. Frandsen, Senior
Civil Engineer for and in behalf of the CITY. Any such notices, demands,
invoices and written conmunications, by mail, shall be deemed to have been
received by the addressee forty-eight (48) hours after deposit thereof in the
United States mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work under
this Agreement until it has ohtained 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 Rgreemen[ the following policies
of insurance:
(a) Worker's Compensaton Insurance: Before heginning
work, CONSULTANT shall furnish to CITY a certificate of insurance as proof
that it has taken out full workers' Compensaton insurance for all persons whom
it may employ directly or through subcontractors in carrying out the work
specified herein, in accordance with the laws of the State of California.
In accordance with the provisions of California labor Code
Section 3700, every employer shall secure the pa}^nent of compensation to his
employees. CONSULTANT prior to commencing work, shall sign and file with CITY
a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for workers' •
~ /-6-
!~!
• tompens anon or to undertake self insurance in accordance with the provisions
of that Code, and I will comply with such provisions before concencing the
performance of the ~.aork of this Agreement".
(b) Public Liability and Property Damage: Throughout the
term of this Agreement, at CONSULTANT'S sole cost and expense, CGNSULTANT
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 (51,000,000.00) for
bodily injury or death to any one person or fcr any one accident or 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 5250,000.00 for errors and omissions ("malpractice")
with respect to lass 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 shad be carried only in
responsible insurance companies licensed to do business in the State of
California and policies required under paragraphs 6.(a) and (b) shall name as
additional insured; 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
-~-
CITY's elected officials, officers, employees, and agents; (2) the policies •
are primary and noncontributing with any insurance that may 6e 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 promptiy upon receipt of
them, or certificate evidencing the insurance. CONSULTANT may effect for its
own account insurance not required under this Rgreemen t.
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 paynent by CONSULTANT of any and all legal costs and
attorneys' fees, arising out of any negligent or intentional or wit lfull acts
or omissions of the CONSULTANT in the performance of thie 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
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: [n the event any legal proceeding fs
instituted to enforce any term or provision of the Rgreement, the prevailing •
-8-
• party in said legal proceeding shall he 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 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 6y all parties.
IN W[TNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first set forth above:
•
G.P.S. CONSULT[NG CIVIL ENGINEERS, INC.
Norman K. Speilman, Exec. Vice Pres.
CITY
Mayor
ATTEST:
City Clerk
-9-
J
-, . ~ - -.
EXHIBIT "A"
PROPOSAL
TO
CITY OF RANCHO CUCAMON GA
FOR
PROFESSIONAL fNGINEE RING SERVICES
TO DEVELOP PLh15 AND SPECIFICATIONS
FOR THE
IMPP.OVEMENT OF LEMON AVENUE
FROM AR CH IBALO AVEtIUE TO HERF105A AVENUE
L
April 1985
•
~.;
/ ~./
PROPOSAL
CI1Y OF RANCHO CUCA1'ON G.A
I Pl PR07EM ENi OF LEMON AVENUE
u
O UALIFI CFTIONS
We believe that GPS is uniquely qualified to provide the consultant services
required for the following reasons:
GPS specializes in working with local government agencies. We have de-
veloped a broad base of experience in the design of public facilities.
This prior experience is beneficial to the City and of the utmost Sig-
nificance for the successful and timely completion of this project.
The professionals and designers at GPS have held various city staff
positions and have considerable experience in the design of municipal
street improvements.
3. The project manager (Norman K. Spielman) has considerable experience and
4ackq round bridge design and in the area of municipal street improvements
to increase serviceability and life. This knowledge would prove valuable
and cost effective to the project.
RELATED EXPERIENCE ANO RE FE P.ENCES
GPS has completed or are presently involved in Drojects with similar elements
as the Lemon Avenue Project. A list of these prejec[s will be submitted
upon request. Also, GPS has provided services to over 45 agencies and will
submit upon request a list of agency Directors and City Engineers who are
familiar with our firm and the high quality of our services,
PROJECT MRNA GEMENT
We believe that effective organization and management is vital to the success-
ful completion of the project. In addf Lion, the commu nica tion~ between GPS
and the City must be of the highest order throughout all phases of the pro-
ject. For this reason, our approach is to assign a "Project Manager" who
will be responsible far execution of the work program as well as be the
principal contact with the City. He is responsible to see that the City's
and Project's needs are met in a responsive manner, that technical work
performance i5 at a high level and that project coordination is properly
attended to,
GPS proposes that Mr. Norman K. Spielman, Executive Vice President, will
serve as Project Manager. Hr. SDie lman has been involved in Municipal Public
Works Planning, Design and Construction since 1955, During this time he was
employed by the Cities of Santa Ana and Costa Mesa prior to forming GPS
in 1973. He has considerable experience in projects involving reconstruction
-1-
of municipal streets in developed areas. Mr. Spielman has administered from •
planning to completion many projects similar in requirements to the proposed
Lemon Avenue Project.
5u rveying for the project will be supplied by L.P. Leavitt and Associates,
Mr. Leavitt has over 32 years experience in civil eneineeri ng and land sur-
veying, including providing surveying services an numerous street improvement
projects.
PP.OJECT SERVICES
We have field reviewed the proposed project and discussed the project require-
ments with the City Staff. Based on this and the information in the request
for proposal, we have developed a program to meet the primary goal of pro-
viding detailed construction plans, specifications and cost estimate for the
improvement of Leman Avenue. Our proposed services are outlined below. The
purpose is to detail our approach so out intent is clearly defined.
1. Orientation and Research
A. Hold preliminary meet in9 with City S[a ff. Purpose is to review the
project, present initial re quiremer.'.s and establish procedures and
criteria.
B. Lollect any additional information pertaining to the project. •
C. Review and formulate scope with City Staff and provide direction for
soils and survey work,
2, Field Design Survey
Obtain the fol lowiny field survey:
A. Centerline control and stationing from Hermosa Avenue to Archibald
Avenue.
8. Topography within limits of north right of way to south edge of pave-
ment.
C. Cross sections at approximately 50 foot intervals. Elevations of curb
returns on side streets will be provided
D. Limits of the project are:
1. East side of Archibald, 100' N of curb return on north side of Lemon
and curb return and join existing 100' south of Lemon.
2, South side of Lemon from curb return at Archibald to 170' ~ east.
•
-z-^~i
/y
3. tlo rth side of Lemon from Frchibald to London,
• Items 1-3 are widening to the ultimate of S4' curb - curb.
4. Rehabilitate existing section from channel to Nermosa.
3, Street Condition Evaluation
A field evaluation of the existing street cand it ion would be performed
to provide the design parameters and extent of the project elements re-
quired. This phase of the project would consist of the following pri-
mary functions.
A. Review existing soils/pavement analysis reports.
B. Investigate the existing pavement condition and make recommendations,
including the need for additional soils work.
C. Map existing pavement conditions.
D. Determine pavement design using Traffic Index supplied by the City.
This includes recommendations for removals, retom paction and overlays.
E. Request additional soils work, street and bridge.
F. Determine other project elements that may be needed to meet the estab-
• lished project objectives such as sidewalk replacement, drive approacn
replacement, intersection improvements and etc., including the exit-
ing cross gutter at Hermosa.
G. Review the existing condition of the bridge at the Alta Loma Channel.
Determine the structural stability and the feasibility of widening
the existing structure. Present alternatives and economic analysis.
H. Conduct hydrology/hydraulics study for channel at the bridge site.
City to provide hydrology at Lemon.
4. Develop Project Elements
Utilizing the results of the street condition evaluation phase, we pro-
pose to develop a recommended project for discussion with the City Staff.
A Dlan showing the recommended project elements and extent would be pre-
pared along with a cost estimate. A meeting would then be held with the
City Staff, The purpose of this phase is to formulate the final project
scope prior to preparation of the construction plans.
Construction Document Preparation
Upon approval of [he final project scope, and the construction document
preparation phase would begin. This phase consists of providing the
following services:
n
~J
-3-
A, Prepare Droject title sheet on City Standard original showing the •
following:
- Project title
- Vicinity and location maps
- Sheet index
- bench mark and basis of bearings
- Construction items and quantities
B. Construction Plans - Plan and profile sheets would be prepared at a -
scale of 1" - 40'. This proposal is based on designs and plans being ~ ~_
prepared to conform with the design report prepared by the City and
dated December, 1983. The plans would include the following items:
- Topography within street right of way
- Right of way limits
- Tract and lot numbers with lot lines
- Survey centerline control
- Construction elements clearly defined
- Profiles of existing and proposed top of
curb and centerline
- Striping Plan
C, Prepare cross sections for design purposes only showing existing con-
ditions and proposed construction. •
D. Prepare street easements for six parcels. Lity will provide title
reports.
E. Prepare construction plans for bridge widening or replacement. Copies
of bridge and related channel improvements will he submitted for plan
check, to San Bernardino County Flood Control.
F, Prepare special provision section of protect specifications using
Green Book as Standard Specification. Project information would also
be placed on "boiler plate" provided by the City.
G. Prepare itemized construction quantity cost estimate.
N. Upon completion of the preliminary plans, specifications and cost
estimate, submit two (2) sets of each to the City of Rancho Cucamonga
for review and comment. Meet with City Staff to discuss results of
City Staff review.
i. Make agreed on revisions and corrections to the plans, specifics tior.s
and cost estimate and re-submit a5 above.
J. Upon final completion, acceptance and approval of the plans, specifi-
cations and estimate by the City, provide the Cf ty with one (1) set
each of original specifications and itemized cost estf ma te.
6. Utility Coordination •
A. Contact utilities per list provided by the City and obtain utility
location information,
-4
• 8. Plot utility location and information on the plans.
C. Prepare preliminary utility notices and send preliminary plans to
utilities.
D. Monitor responses from utilities.
E. Review conflicts and recommend mitigating measures. Additional de-
i
s
gns required, including meetings, are not included in this proposal.
F. This proposal is based on the final utility notice being handled by
the City,
1. Files
This proposal includes the preparation and maintenance of project files
as listed in the
request for proposals. [t is our understanding that
only the information generated 6y the consultant is t
b
o
e included in
these files and it is the City's responsibility to tonsolida to the City
d
an
consultant files at the completion of the project.
8. Construction Phase
We propose to provide the following services during the construction phase
f
h
o
t
e project:
• R. Attend pre-construction meeting,
B. Clarify plans and answer questions regarding the designs and specifi-
cati
n
o
s prepared. This does not inclutle redesign due to unforseen
conditions ar fi
ld
i
i
e
v
s
ts.
PROJECT SCHEDULING
The following project schedule will be implemented to perform the
i
ser
to proposed
v
ces. The schedule would commence upon receipt of a to ntract or notice
proceed, Days shown are cale
d
d
dat n
ar
ays and represent total days from start
e.
1. Hold initial Meeting 1 day
2. Complete Research 7 days
3. Complete Field Survey 21 days
4. Complete Condition Evaluation 30 days
- 5, Develop Project Elements 35 days
6. Submit Preliminary P,S, 8 E 60 days
• 1, Submit Final P,S, 8 E 1 days of receiving comme
t
n
s
-b-
n~
Y J
This is a tentative schedule only and can be adjusted to meet specific City .
reeu irements. The schedule does not allow for delays outside the control of
GPS.
CITY RESPONSIBILITIES
This proposal is based on the City assuming the following responsibilities:
i. Make available and provide ail existing data and information retev ant to
the proposed project.
2. Provide City Standard linen drawing sheets.
3. Provide all right of way engineering, negotiations and title reports.
4. Provide enfironmental documents and processing.
5. Provide Traffic Index.
6. Provide plans and specifications for 6idd ing.
7. Provide construction survey.
8. Provide additional soils reports.
FEES
GPS proposes to provide the services as outlined in this proposal for the •
following schedule of fee amounts. These fees include meetings, reports and
incidental costs associated with the work.
1. Orientation and Research including
preparation and maintenance of files
2. Field Design Survey
3. Street Condition Ev au lotion including
development of project elements
4. Hydraulics, Bridge report coordination
with flood control
5. Construction Document Preparation
including utility coordination
- Construction Plans including
title sheet and crass section
- Specifications, Contract Documents
Cost Estimate
6. Construction Phase
7. Error & Ommission Insurance
......................5 500.00
......................5 2,400.00
......................E 2,200.00
... ...................5 3,880.00
.....................520,020.00
.. ....................5 1,200.00
......................b 500.00 •
......................5 3,500.00
Total Fee E34,200.00
-6-
• We propose that monthly progress payments be made for services performed at
the following rates:
Principal Engineer E70/hr,
Project Engineer S55/hr.
Project Oes igner $40/hr.
Drafter 535/hr,
Clerical $lI/hr,
3 Main Survey Crew E120/hr.
2 Main Survey Crew $100/hr,
Office Survey $35/hr,
Any public meetings or work sessions attended at the request of the City shall
be paid for at the hourly rate stated above and is not included in the total
• fee of $34,200.00
• _7
ryn
EXHIBIT "B" •
PROJECT SCHEDULING
The following project schedule will be implemented to perform the prooosed
services. The schedule would commence upon receipt of a contract or notice to
proceed. Days shown are calendar days and represent total days from start
date.
1. Hold Initial Meeting 1 day
2. Complete Research 7 days
3. Complete Field Survey 21 days
4. Complete Condition Evaluation 30 Aays
5. Develop Protect Elements 35 days
6. Submit Preliminary P,S, 6 E 60 days
7, Submit Final P,S, & E 7 days of receiving comments
•
•
~i
•
EXHIBIT "C"
HOURLY RATES
Principal Engineer E70/h r.
Project Engineer 355/hr.
Project Designer E40/hr.
Drafter E35/hr.
Clerical E17/hr.
3 Main Survey Crew E120/hr.
2 Main Survey Crew E100/hr.
Office Survey E35/hr.
Any public meeting or work sessions attended at the request of the City shall
be paid for at the hourly rate stated aho•ve and is not included in the total
fee of E34,200. 00
~ ~ "~
r,mv nc~ n ~ wrr irn nt.n .
•
•
__. ____.. .. ~.. ...,...... G~~,n.}iQ
STAFF REPORT ~~' `~~
[, 9
zly 3 ,'r
~7 / ~I%
DATE: duly 3, 1985 ~_~~
T0: City Council and City Manager 19`
FROM: Lloyd B. Hubbs, City Engineer
BY: Vartan V. Vartanians, Associate Civil Engineer
SUBJECT: Release of Faithful Performance and Labor and Material Bonds for
Tract Nos. 9441, 10046, 10047, 11609, 12237, 12237-1 and 12237-2
Work being performed under the Alta Loma Channel Assessment District 84-2
includes construction of certain storm drainage channels and facilities
currently bonded in conjunction with the development of a number of tracts
within said district. The below described bonds and the associated
improvement agreements pertaining to the construction of said storm drainage
facilities therefore, are no longer necessary.
Tract Nos. 10046 and 10047 submitted by: The Anden Group, a California
General Partnership:
Faithful Performance Bond ....... ......E733,000.00
Labor and Material Bond ...............E366, 500.00
Tract Nos. 12237, 12237-1 and 12237-2 submitted by: Dick Scott lnc. a
California Corporation:
Faithful Performance Bond .............E392,000.00
Labor and Material Bond ...............E196,000.00
Tract Nos. 9441 and 11609 submitted by: Crismar Development Corporation, a
California Corporation:
Faithful Performance Band,...........E650,600.00
Labor and Material Bond ...... ........E325,300.00
RECOMMENDATION
It is recommended that City Council authorize the release of Faithful
Performance and Labor and Material Bonds and the respective improvement
agreements for Tract Nos. 9441, 10046, 10047, 11609, 12237, 12237-1
and 12237-2.
Re tfull s milted,
L o
Attachments
~' J
Reference (Case Name) Farrar v. Stokes,
et al. F11e No. 85-03917
CLAIM AGAINST A GOVERNMENTAL AGENCY
(EQUITABLE INDEMNITY)
The Southern California Edison Company, a corporation, hereby presents its clai,r. for
equitable indemnity to City of Rancho Cucamonga
1. On (date) June 13, 1985 Southern California Edison
Company was served with a Summons and Complaint, a copy of which is attached
hereto, in which it is named as a defendant.
2. Said Complaint alleges that plaintiff(s) James P. Farrar
suffered damages in the amount of unspecified
• on (Date) .1„ly ifi, 1QAL
dt (Location) FOO thin 9oLle Vard and Turner Avenue, Ranrhn
Cucamonga, California
as a result of the death of his wife arising from an automobile/
pedestrian acctdent on July 18, 1984, at the in[ersectton of
Foothill noulevard and Turner Avenue in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as
more fully ai leaed in the Complaint attach d h t E h~h~t A.
3. Southern California Edison Company contends that it is not liable for the events
and occurrences described in plaintiff(s)'s Complaint; it further contends that the
governmental agency [o which [his claim is presented is liable for said events and
occurrences.
4. The amount of this claim cannot be determined with certainty until s~dh L3i~e.asl) ~
the lawsuit which is the basis of this claim is concluded. CITY OF RANCHO CUCAMONGA
ADMINISTRsQION
JUN 251985
ua
7(8191nIU1~111213141818
~. ~.......,,t.. -.
~l. ~ MENDED SUMMONS
ICITAC/ON JUD/C/AU
NGTICE TO DEFENDANT: fAviso a Acusado)
RORERTA MARIE STOKES, RICHARD HELTON,
CITY OF RANCHO CUCAMONGA, STATE OF
CALZFORNZA, SOUTHERN CALIFORNIA EOISON,
and DOES 1 through 100, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(A Ud. !e esla demandandol
JAMES P. FARRAR
You have 30 CALENDAR DAYS aHer this sum-
mons is servad on you to file a typewritten re-
sponse at this court.
A letter or phone call will not protect you; your
typewritten rtspOnse must be in proper legal
Corm if you want the court to hear your case.
If you tlo not file your response on time. you may
lose tha case, and your wages, money and pro-
penymay be taken without fanner warning Tram
tha court.
Thera are other legal requirements. You may
want ro call an attorney right away. If You do not
know an attorney, you may cell an amm~ey refer-
ralservice or a legal aid office Ilisted in tha phone
book/.
l'
CITVGOF~ ~ ~ ~ ~~ ~ •
ADMANlSTO CTION 0
NGq
~ JUN 2g ~y~
7i8i9/pllll>?111'2"~i4/$6
Despu,?s de que le enlrecuen efts rifa[irin judicial usfed
fiene un plazo de 30 DIAS CALENDARIOS pars presenmr
una respueslu escrifa a maquina en esfa cone.
Una rasa o una llamada fdefdnica no !e plrtteni
prolecridn; su respursfa escnfa a mdquina fiene que
<umplir mn lot iormalidades leyales apropiadas si usfed
quiere que la carte esmche su rasa
Si usfed no presents su mspu<sfa a fiempo, puede perder
el casq y le pueden quifar su saLtdo, fu dinero y gfms rotas
de su propiedad sin aviso adicional par pane de la mrte.
E.tisfen ouor requisiros /egaks. Puede que usfed quiere
llamar a un abpeado InmediafamMfe. Si no rogore a pre
aborada puede llamar a un servicio de frferoncia de
aboeados o u una olicina de ayuda legal (sea el dirocsorio
feleidnicol-
Tree name and address of Ne court is: ffl hombre y direc<rdn de N cone e51
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNAROINO, WEST DISTRICT
1540 N. Mountain Ave.
Ontario, CA 91762
The name, atldras. and telephone number of plaintiffs anorney, or plaintiff without an attomeg is: _
ffl hombre, la direccion y e/ ndmero de felt/ono de/ abagado de/ demandanre. o del demand~nre que no fiene abogado, esl
J. ANTHONY SMITH OF
COVINGTON S CROWS
P.O. Box 1515
Ontario, CA 91762
_ -/ld /9R7-q i93
~( r~ i3H5 Rovsraane LTavrr
DATE: Clerk. by . Deourv
(r~Yhal i ~ClWnp' .. .~nn.....i
TO THE PERSON fiERV EO: You are serves
as an indiwdual tlelendanL
as Ina perspn sued under the fmuuouz name of fspecdyl:
3. a on behalf of /speedy/:
under'
r...r.,n e. ,,,. arx
nr~e c«.,.~ c.,r...
nn.nu its r.w.. ~ nui
~1
~,~ CCP a16,f0 korporanonl
CCP 416.20 Ipefunct cornprahpN
CCP 416.a0 Iasspcml~on or panm
' other - / ,
..
r ,ems
O CCP Q16.60 lmmad
CCP 416.70 Iconaerval~
rro ..e en ,._.....~.. _..
~' COVINGTON s CRO47E
A [torneys at Law
• 2 1131 West Sixth Street
Post office Box 1515
3 Ontario, California 91762
Telephone: (714) 983-9393
5 Attorneys for Plaintiff
6
7
8
I iti~tJ
i'T'~ ~~ 10p,
-:.u~.:n.y...,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNAADINO
9
WEST DISTRICT
10
)) JAMES P. FARRAR, ) CASE NO. OCV ilJ=~'%1'
12 )
13 Plaintiff, ) COMPLAINT FOR
WRONGFUL DEATH
14 v• )
• 15 ROBERTA MARIE STORES, RICHARD )
HELTON, CITY OF RANCHO CUCAMONGA, )
18 STATE OF CALIFORNIA, SOUTHERN )
CALIFORNIA EDISON, and DOES 1 )
17 through 100, inclusive, )
18 Defendants. )
' 19 Plaintiff alleges:
20
INTRODUCTION
21 This is an action brought by Plaintiff, James P. Facrar,
22 against Roberta Marie Stokes and Richard Helton arising out of an
23
automobile/pedestrian accident wherein Plaintiff's wife, a pedes-
24 Irian, was lawfully crossing Foothill Blvd. when she was struck
28 by a cac negligently operated by Defendant Stokes and owned by
26 Defendant Helton. Her injuries resulted in her subsequent dea tli,
27
Plaintiff also files suit against the Stale of California
28
and City of Rancho Cucamonga for failure to take precautionary
1
measures to insure the safety of pedestrians a[ [he location.
2 the accident.
3
Finally, Plaintiff sues Southern California Edison for its
4 failure to maintain adequate lighting at the intersection in
5
issue.
6.
FIRST CAUSE OF ACTION
7
(Negligence Against Defendants Stokes, Helton)
8
1. That the true names and capacities of Does 1 through
9 100, inclusive, and each of them, whether individual, corporate,
10
associate or otherwise, ace unknown to P1ainCiEf who therefore
11
sues said Defendants, and each of them, by such fictitious names.
12
Plaintiff will amend this Complaint to include their true names
13
when the same have been ascertained. Plaintiff is informed and
14
believes and thereon alleges that each of the fictitiously nan~
15
Defendants is Legally responsible in some manner for [h~=
16
occurrence herein alleged, thereby proximately causing
17
Plaintiff's injuries and damages as herein alleged.
18
2. Plaintiff is informed and believes and thereon alleges
19
that ae all times herein mentioned Defendant Roberta Marie Stoker
20
and Richard Helton were residents of the County of San 9ernar-
21
dino, State of California.
22,
3. Plaintiff is informed and believes and thereon alleges
23 that at all times herein mentioned Defendant State of California
24 was and is a sovereign state of the United States of America.
26
4. Plaintiff is informed and believes and thereon alleges
26
that at all times herein mentioned Defendant City of Rancho
27
Cucamonga was and is a municipal corporation of the State
28 California.
z ~-, u
•
5. Plaintiff ~is informed and believes and thereon alleges
2
that Defendant Southern California Edison was and is a
3
corooration organized and existing under the laws of the State of
41
California.
5
6. That the Defendants Richard Helton, and Does 1 through
6
5, inclusive, and each of [hem, at all times herein mentioned
7
were the owners of a motor vehicle referred to in this Complaint
8
and generally described as a-1971 Plymouth automobile, bearing
9 California license number 062 CTH.
10
7. Plaintiff is informed and believes and thereon alleges
11
that at all times herein mentioned Defendants Roberta Marie
12
Stokes, and Does 6 through 10, and each of them, were operating
13
the said 1971 Plymouth automobile with the consent, permission
14 and knowledge of the remaining Defendants.
15
B. At all times herein mentioned each of the Defendants
16
was the agent and employee of each of the remaining Defendants
17
and was at all time herein mentioned acting within the purpose
18 and scope of such agency and employment and was operating the
1g aforementioned automobile with the consent and permission of each
20 of [he remaining Defendants.
21 9. That on or about July 18, 1984, Plaintiff's wife,
22 Dorothy Lou Farrar, Deceased, was walking across Foothill H1vd.
23 at the intersection of Foothill Blvd, and Turner Avenue in the
24 Ci[y of Rancho Cucamonga, County of San Bernardino, State of
26 California.
26
10. At said time and place, Defendants Stoker and Does 6
27 through L0, inclusive, and each of them, so negligently
28
encrusted, managed, maintained, drove and operated their said
3 ,.
1
motor vehicle at or near the said intersection in said County
State by failing to yield the right of way to the decede: .,
thereby causing said automobile to collide with and strike
Dorothy Lou Farrar, causing her death. '
11. Immediately prior to death, Decedent was an adult
person, in good ph ysicai and mental condition, and was a Faithful
and dutiful wife.
12. That as a proximate result of the negligence of said
Defendants, and each of them, and the death of Dorothy Lou c^arcar
10
Plaintiff has been deprived of the socieey, comfort, protection,
11
services and support of said Decedent and has thereby sustained
12
general damages in a sum in excess of this Court's minimum
13
jurisdiction.
14
13. Plaintiff incurred medical expenses in the care
16
treatment of decedent before she died and funeral expenses
16 incurred by Plaintiff Eollcwing her death.
17
SECOND CAUSE OF ACTION
18 (Negligence Against Defendants City of Rancho Cucamonga,
1g State of California, and Does 20 through 25, inclusive)
14. Plaintiff realleges and incorporates herein by
21 reference paragraohs 1 through 9, inclusive, of the Complaint as
22 though set Eoreh herein at length.
23
15. Plaintiff is informed and believes and thereon alleges
24 that said foothill Blvd. at or near the Location of the accident
26 as previously described was at all times relevant herein
26!
designed, constructed and maintained by Defendants State of Cali-
27 focni a, City of Rancho Cucamonga and Does 20 through
28.
II inclusive.
a ,- .
•
•
16. Plaintiff is informed and believes and thereon alleges
2 that on or about July 18, 1984, and at all times relevant before
3 [hat date, the said highway was negligently and carelessly
4 designed, constructed and maintained 6y said Defendants, and earn
5 of them, and was in a dangerous condition in that said hichway
6 SR66, nmore commonly known as roothill Blvd., at or near its
~ intersection with Turner Ave., contained no marked crosswalks, no
8
traffic signals, and had poor overhead lighting, in an area
9 fre vented b
g y pedestrians crossing Foothill Blvd. at such inter-
10
section.
17
17. Said Defendants so improperly and defectively designed,
12
constructed and maintained said road so that its condition was
19 capable of causing and did cause personal injuries and wrongful
14 death to the user and consumer thereof and bystanders while being
15 used in a reasonably foreseeable manner, thereby rendering said
78 road unsafe and dangerous for use by [he consumer, user or
17
bystander.
18 18. The defective and dangerous condition of Said road as
19 outlined above did not contain adequate regulations, signs or
20 notices so as to warn pedestrians that said road was in a
21 dangerous condition.
22 19. s^aid Defendants, and each of them, at all times herein
23 mentconed had notice of the dangerous condition of said road in
24 that said condition had existed for a long period of time and
25 said Defendants, and each of them, in the exercise of due race
26 should have discovered the condition and its dangerous character.
27 20. Plaintiff is ir.Eormed and believes and thereon alleges
28 [hat because of the said negligent conduct of said DeEe ndanis,
5 ~, ~
1
3
4
5
6
and each of them, an accident did occur on or about Jury
1991, on said road, wherein the above-described au to mobi L which
was Sting driven by Defendants Roberta Marie Sto'<es and Does 6
through 10, inclusive, struck Dorothy Lou rr^a rza r, causing her
death.
21. Pla intifE realleges and incorpoca tes herein by
7
ce Ee ce nce paragraphs 11 through 13, inclusive, of the Co mn faint
8
as though set forth herein at length.
9
22. On October 26, 1984, Pla int ifE duly pre stn ted claims
101
for injuries and damages that are the basis of this Co mo la iat to
11
the State of California. Pla intiEE is informed and believes and,
12
based thereon, alleges that those claims were rejected in their
13
entirety on March 26, 1904.
14
23. On October 26, 1984, Plaintiff duly ore sent_d cla i.
15
Eor injuries and damages that are the basis of this Co mo la int to
16
the City of Rancho Cucamonga. Plaintiff is informed and be Lieves
17
and, based th_reon, alleges that those claims were rejected in
18
their entice ty on March 26, 1984.
19
THIRD CAUSE OF ACTION
20
(:ieg fig tore Against Southern California Edison)
21
24. Pla inti EE realleges and incorporates heeein by
22
reference narag raphs 1 through 9, inclusive, of the Co mo la int as
23
th ouyh set forth herein at Length.
24
25. Plaintiff is informed and believes and thereon alleges
25.I
~ that the street lighting on said Foothill 31v d. at or near the
261
location of the accident as pceviousl7 described was at all ti~
27
re Levant herein designed, conStruc ted and maintained by Da Eendan.
28
~ Southern California Edison.
6 ,
l \
11
2G. Plaintiff is informed and believes and thereon alleges
• 2
Ghat on or about July 18, 1984, and at all times relevant be Eoce
3
that date, said street lighting was negligently and carelessly
4
designed, constructed and maintained by said Defendant and ~.uas in
5
a dang ecous condition in that the street light near the scene of
6
Gilt accident was not working. This negligence caused said
7
in to csection to be unceaso nab ly dangerous to pedestrians crossing
8
Foothill 81v d. at or near its in tecsect ion with Turner Ave. in
9
that such pedestrians, at night, were difficult to see by
10
motoeists.
11
27. PLa in tiff is informed and Se lieves and thereon alleges
12
that as a proximate result of [he said negligent conduct of said
13
Defendant an accident did occue on or about July 18, 1984, on
14
said road, wherein the above-described automobile which was being
• 15
dciv en by Defendants Roberta Marie Stokes and Does 6 through 10,
16
inclusive, struck Dorothy Lou Parra r, a pedestrian who was
17
lawfully walking across Foothill Blvd. at said location, causing
18
her death.
19 28. De Eendant at all limes heroin mentioned had notice of
20
the condition of the street lighting in that said condition had
21
existed for a Long period of time and said Defendant in the
22
exe cc ise of due care should have discovered the condition and its
23
dang ecous character.
24
29. Plaintiff realleges an9 incocpora tes herein by
25
re Ee rence paragraphs 11 through 13, inclusive, of the Complaint
26
as though set forth bete in at length.
27
IJH ER EFOHE, PLa intifE prays ju dq ment aqa lost the De Eend an ts,
28
and rack of them, as Eo llo~+s:
7 .-~
f,
r,
it 1• For general damages according to proof; •
2
Z• Foc costs of suit
3 incurred herein; and
3• For such other and further relief as
i
just and ocope r. the Court may dee
II Dated: _
i
7
8
9
10
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12
~ 13
i 14
15
16
~~
18
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20
i 2,11
24II
25 i1
26!~
2;i
lei [:salso
COVINGTON b CP.OYlE
BY: II! ~ ~i ~
Attorney ~OOr Pla intiEf _
•
8 •/,
ti
•
DATE: June 27, 1985
T0: City Council
FROM: Ritha rd M. Dahl
Mayor Pro Tem
SUBJECT: Appeal
CITY OF RANCHO CL'CAMONGA
MEMORANDUM
~c~~"hT.
`~~/ f
F ~.
~,;_'sK \
x Cdr .'~ `~>
- A
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_ ~, Z
-_ Ipq.
I appeal the Planning Department's decision to approve a Tree Removal
Permit No. 85-20 to remove four (4) eucalyptus trees in the Pacer
Homes Tract No. 12522 located on the north side of the Southern Pacific
Railroad inbetween Archibald and Ramona.
.Y ce ._ ( //z ~ ~~~
>`
'- Richard M. Oahl
Mayor Pro Tem
9~
~ FOR COUNTY USE ONLY
~„ COUNTY OF SAN BERNARDINO
c' .~
• STANDARD CONTRACT
ceww ow.nm.m
SHERIFF co..nx< N„mn•.
coentr o•p•.w•m tonvx: n.o.•xn<•ux cbrnx:or, ~~t.nx ... b•.
YLE L. RETHERFORD vn E.. 2777
"ubp•t Unlt No. Sub-0bi•ct Na, punb M1e Job No. 4mau nt o. Concoct
401 9646 001 53,378,788
v.exoe N•m• mmpux m• tpnbw~np n en. p.vm•n. o..x• ov
p.rm.nt. Eamx• 12
IApp.OU m•x Amount E•cn Per Sc hedu'e°/
THIS CONTRACT is entered into in the Stale of California by and between the County of San Bernardino, hereafter
called the County, and
N•m•
CITY OF RANCHO CUCAMONGA hereafter called CITY
Aee.x•
P. O. Box 807
Rancho Cucamonga, California 91730
roan. einn o•t.
r.a.,•: io Nn. n, sne~a sxe.nv No
IT IS HEREBY AGREED AS FOLLOWS:
fuse space ae/ow wrd additional bond dmatr. Sat lorth :nice to he Jendemd, amount ro a paid, manJror o/payment time
for peAOrmsnce or completion, demrminatian o/ satisNcrory peAormarxa and cam /or mtminaripn, otlMr nsms and
candidons, atM attrh Pl~rs, JyJSCi/iudans, nd addenda, ilnY•1
MIIEREAS, City and County desire to provide by contract
• for performance of law enforcement services within the territorial
bound artes of City,
NON. THEREFORE, IT IS AGREED AS FOLLONS:
I.
County shall provl de, through the Sheriff of San Bernardino
County (hereinafter referred to as "Sheriff"), law enforcement within
Lhe corporate limits of City es same now exl st, or as such limits may
be mod ifled by annexation or exclusion during the term oC this
agreement.
*.I.
The lau enforcement services to be provided by County and
furnished to City hereunder shall include:
A. Enforcement of state statutes;
B. Enforcement of ordinances of City of the type customartly
enforced by the Sheriff within the unincorporated territory of the
County;
~~
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C. Police Drotection of the type cus tame rl ly provided
Dy Sheriff within the unincorporated territory of the
Canty;
D. Traffic enforcement, with the exception of such
traffic enforcement as may be provld ed by the Callforn is
Highway Patrol on the freeway traversing City;
E. All detective, Juvenile, and other spec Saliz ed
services Drovi ded by Sherift in the unincorporated area of
County such as arson, homicide, and narcotics enforcement;
E. Attendance »t meetings of the City Council of City
and su eh other meetings of commel ssl ons or boards of City as
City may specify:
G. Jail fac111 ti es and services except for violations
of City ordinances which will be bi11eO to the City;
H. All other lew enforcement services of the type
customarily provided by Sheriff vlthin the unincorporated
Brea of the County.
III.
Services to be provided by County shall include
Sherlff'e personnel and automobiles as specified !n
Schedule "A" for law enforcement services, Those personnel
and automobiles are to be assf fined at the dtscreti on of the
Sheriff haled on the needs of the community,
The servtces r,o be provided by County hereunder shall
also foci ude all equipment (including repairs then eio or
depreciation thereon), supplies, conmunleations,
administration, labor, vacation and sick leave, any County
Page 2 of 9
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retirement contra buttons and traveling expenses and all
'. other services, obit gatlons or expenditures neces nary or
Snctden tai to the performance of the duties to be performed
by Sheriff under the terss of this agreement, There shall
De no reduction in County compensation under Lh is agreement
for normal downtime of vehicles. In all instances where
special suppli ea, atmtionary, notices, forma and the like
are Lo be SasueO in the name of Clty aM approved by the
Sheriff, the same shall be supplied by CSLy at its own cost
and expense.
rv.
Sn con sideratfon for County's furnishing and
performance of sll the services prorided for herein, City
shall psy to County, upon contr wt approol, the sum as per
Schedule "A •, attached per year, payable in Lwlve equal
monthly installments at the beginning of each cal endar
month during the period of this agreement, First
payment shall be due on July 15, 1985, the rams Sning eleven
paymnts shall De due prior to the fifth day of each
month. Said sum is mobJect to ad,lumtment for any salary
increases or fringe benefits which may be granted Dy the
Board of Supervisors to Sheriff's employees, The actual
cost of overtime, court appearances, vehicle Cuel and
r. aintenance and travel ez Denses tr.curred between July 1 and
June 30 will be bl ll ed quarterly.
County shall have the right to renegotta to the rate
for services performed under this agreemrn t. at the end of
each fl sc al year, and said rate may be ad,J usted upward or
downward to reflect the actual cost,
..~
Page 3 of 9
i
I ~ City Sa re spon slDle far the valldt ty of SW
2 ordinances, inclu dl ng any ordinances or codes incorporated
3 Dy reference in City's ordinances, and City shall defend,
4 hold harmless, and lndeanlfy County, Sts officers and
s employees with respect to any lawsuit or action challenging
6 the validl ty of a City ordinance or with respect to any
7 allegetlon that any arrest, citation, or other action taken
Dy County Sta officers or empl oyeea vas taken under an
f
invalid City ordinance, except to those cases where the
9
Snvalt di ty of such ordinance is the result of actl ons Dy
10
the Sheriff's Department,
11
Otherwise than is stated Sn this agreement, City shall
l2
not De o0116ed to Day. and assusma no 11aD111ty for any
l3
coat, expenditure, charge, or 11 ability whaWoever tncurred
14
Dy County Sn or related to the performance of the
13
provisions of this agreement Dy County, and Count? shall,
16
in con stderetlon for the psysmnt of the sums herein shove`
17
provided to be paid in City, hold City harmless from any
16
end all au ch other costs, expenditures, charges, or
19
11aDilities except as otherwise provided in this
20
agreement. City shall not be liable for eompen cation or
21
Sndemn tty to any County employee for Sn,lu ry or sickness
22
arising out of hSS employment while engaged to the
23
performance of this agreement. Dy County.
24
City shall hold County harmless for a reduction to law
25
enforement services result inq from labor relatt ons ac ttons
26
and City's oDli gation to Day County shall De reduced for
27
se rvtces not performed for that reason.
28
Page 4 of 9
l I
1
V.
• Z The term of this contract shall be a period of time
3 commencing at Suly 1, 1985, end termineting only as
4 hereafter provi tled, This egraement may be terml noted et.
S Any tl me with or without cause by CS ty or by County upon
6 written nott re given to the af,h r~ at lecs~ one hundred ?nd
7 el gh ty days (1A0, before the date specl FS ed for such
g trrmi nation. Any such ter ml naci on date shall coincide with
g the end of a calendar month. In the event of such
10 termination, each party shall ful'.y pay and discharge all
11 obli qa ti ons in favor of Lhe other accruinq Drior to the
12 date of such Fermi nation and rash party shall he rrlrased
13 from all oDll gatl ons or performance whl ch would otherwise
14 accrur subsequent, ho thr date of such trrminati on. In the
• is event of termination of this agreement, the County shall
16 refunA zny sum prevt ously paid 6y City, wh7 eh when prorated
17 represents advance payment for months of service which are
lg
I not performed as a result of such trrmi nati on. Nelth er
Ig party shall incur any liabt li ty to the other Dy reason of
2U such t.rrmina ti on.
21 0.ny and all not? ces required to be qi ven hereunder
~ shall be given Ln arlting by registered or certifl ed mail,
23 Pos t.age prepaid. The addresses of the part,t es hereto until
,u tLrther notice are as follows:
23 C?TY: Ma or
City of Rancho Cucamonga
Post Office Box 867
26 Rancho Cucamonga, CA 91130
27 couNTy: Board of Supervisors
County Government Center
Zg 385 N, Arrowhead, Sth Floor
San Bernardino, CA
y
Page 5 of 9
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V:,
The sta nderds of Ferfonance, the methods of
perforrnce, the dt selpline of officers, the control of
personnel, the advancement Sn cospen satlon of personnel,
the determl na Cion oC proper law enforcement practices and
procedures, and all other matters Snc Sdentel to the Banner
oC perforrnce of ser vices by Sheriff hereunder shall De
determined Dy Sheriff In his sole discretion, The
responai Dil lty of She rift end of County to City hereunder
shell De to provide, •e sn lndsperWent contr setin6 +{enoy,
effective law enforcement of the level herein contracted
tar, and the City shall not he ve the ri{Dt to determine or
dir act the rnmr or rang of the pertormmnmm.
rxx. -
All persona directly or Sndirectly employed Dy Cwnty
in the performance of the services aM tUnc Liana to De
provided to CSty he reuMer, shall De employees of Cwnty,-
and no County employees shall ha va Ctty pension, et vtl
service, or other status or right, Mctrlthstanding the
foregoing, and !n order to give officio status to the
perforrnce of duties Dy Sheriff's personnel hereunder,
every Sheriff's of Clear or employee engaged In performing
any such service or funetlon shell De deemed to be an
oCft car of CSty while performing service for City within
the sc oqe of Lhis agreement, and such se rvlce fu nation
shall be a municipal funceton,
An arrest made Dy She ri it's personnel while engaged In
the performance of Cols agreemMt shall constitute an
'i
Page 6 of 9
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arrest by en officer employed Dy CS ty, and not an arrest by
County of tf car, within the meaning of Sec tlon 1u63 of the
Penal Code and any similar or related statute.
VIII.
City shall have the rl ght et any time and from tl me to
time during the term of this agreement to request a higher
level of law enforcement then that herein contracted for,
and within a reasonable time after au ch requests, Cwnty
shall provide such additional personnel and vehicles es may
De required to provide such additional law enforcement.
In such event, all provisions of this agreement with
respect to compenaatton to ^e paid by City shell reaein in
full force and effect, but Sn addition to payment of the
soma herein provided, City shall pay Cwnty Sn aonthly
Snsta llments the cost of such additional law enforcement
service.
lI,
In the event of riot, e1v11 eommtlon, or other
emergency Sn the City which requi rea addl tlonal emergency
or "beck-up" asrvlce, Cwnty shall provide Lhe same.
In the event of authorized public gatherings in the
CSty requiring additional pollee services, salaries end
related costs shall be borne by City, except. where such
authorized public gathrings occur on State or Federal
property within the City limits, such additional costs
shall not be chargeable against the City.
Not Included in riots or rela had xrJlces are salaries
or related costs of additional pollee services for
Page 1 of 9
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authorized pu bile gatherings. In the event of such an
emergency outal de of the corporate 1l mits of City,
personnel or equipment asst geed 6y Sheri ft to the
performance of County's duties hereunder, may De utillz ed
by County Sn connection with such emergency, and the Clty
shall De rel mbur sad for any resultant service not
performed.
x.
To fac Slitate the performance oC services hereunder Dy
County, CS ty, its officers, agents, end employees shell
give their full cooperations and asst stance vlthln Lhe
scope of the dutl es and responsiDi ll ties of such officers,
m4ents, and employees. -
City shell hold Cwnty, its Sheri tf, officers, end
employees harmless froo any end ell 11 aDi li ty for
intentional acW or negligence on the part of City, its
officers and employees (ezcluOing any employees of County
engaged in the performance of municipal duties hereunder)
srlsing out of tae perfonsnce of thta contract.
II.
Sheri tf shall be deal grated es the Chief of Police of
City at all times during the term of this agreement,
Said Sheriff shall appol nt a dr. puty or officer
assigned to work diree tly with and provide Matson wtth the
City Manager and other City of flcars of the City. The
Sheriff's Deputy shall make regular monT,hly reports to the
City Manager, and such other reports as may be appropriate
as determined by the Sheriff, with respect to law
enforcement witain the corporate limits oC City,
Page 8 of 9
xll.
This agreement r_pl aces the prior agreement
between the parties which prlor agreement shall terminate
upon the effective date of this agreement.
L
COUNTY OF SAN BERNARDINO
Chairman, Board of Supervisors
Dated
ATTESTED:
.~,..o.~.a,0 Y-
ca~~rr co . i
o.,. 6 (~ ~~~5
By ~ ISrsre ~/como~ar o~ company erc,i
Dated ra~mo-ree s,y~,mre~
Title
Address
on"o~ a•.~•ww •o..~aou,.a
a•~w nami~nnnorcno
o•e•
SCH F.DULE "A" RATES
LAW E!JFORCEMENT SERVICE CONTRACT
CITY OF RANCHO CUCAMONGA FY 1995-86
SERVICE
5 - 168 Hour Oeneral Law Patrol Units
1 - 112 Hour General Law Patrol Units
2 - 80 Hour General Law Patrol Units
9 - 40 Hour General Law Patrol Units
2 - 80 Hour Traffic Patrol Units (with radar)
4 - 40 Hour Traffic Patrol Units (with radar)
5 - 40 Hour Detective Units
Captain and Car
Sergeant's Marked Unit
Additional Unmarked Iln it
Marked 4-Wheel Drive Patrol Unit
Deputy I (1)
Radio Dispatchers (5)
Senior Deputy Differential (3)
Secretary II (1)
Secretary I Differential (1)
Extra Help Safety (3/4)
Transr.riber Typist II (2)
Travel Expense
County Direct Cost
County Direct Cost are those costs
assessed to the Sheriff's Department
by the County for:
Personnel Liability Insurance Fee
Personnel Rondinq Fee
Vehicle Insurance Fee
FY 1985-86
COST
$ 1,380,665 **
t9A,697 **
269,856 **
203,775 **
270,758 **
273,504 **
36o,uA5 "*
69,440 **
5,656 **
4,735 **
6,429 *+
38,296
112,650
11,631
24,621
999
16,807
4u,o38
4,000
59,084
TOTAL $ 7~'75~12~~
Monthly Payment Schedule:
•
1st Payment Due July 15th, .A 279,679
2nd through 12th Payment
Due 5th of F,aeh Month $279,0'%7
ADDITIONAL CHARGES BILLED QUARTERLY: *
Overtime: Overtime and court appearances estimate Cor FY 85-A6 is $109,946.
Actual overtime will be bil]ed quarterly.
Vehicle Maintenance; F.s timated maintenance cost based on 936,000 miles @ 122
per mile is $112,17.0. Actual cost will be billed quarterly.
K-9 Charges: Cost for food, medical expense and etc., will be billed .
quarterly.
* Proposed, sub,j ect to change due to Memorandum of Understanding changes.
** Less Fuel and Maintenance
(RCSCDA)
Revt
n.mv nc n r vnvn nvn w unvn ~
•
o ~-°1~
STAFF REPORT -,~ ,
9
2`' j ,-
-,! '' ~~-
~~ i
GATE: July 3, 1985 --- -
i~rr
T0: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
BY: Nancy Fong, .Assistant Planner
SUBJECT: APPEAL 8Y THE ADJACENT PROPERTY OWNERS ON THOROUGHBRED
STREET OF THE PLANNING COMMISSION'S DECISION APPOVING
TENTATIVE TRAC 3 - PLA A BUILDERS
BACKGROUND: On May 1, 1985 the City Council reviewed the appeal of the
Planning Commission's approval of Tentative Tract 10349 and continued
this item to July 3, 1985. An Ad Hoc Committee was established by the
City Council at the May 1st meeting so :hat the developer could work
with this Committee to resolve issues of circulation and neighborhood
compatibility. On May 9, 1985, the AO Hoc Committee established
criteria for the developer to redesign Tentative Tract 10349. On
June 13, 1985, staff had met with the developer to review their progress
in addressing the criteria. On June 25, 1985, the Ad Hoc Committee
reviewed the redesign of Tentative Tract 10349 based on those
established criteria and made the following recommendations as shown in
the attached table.
The redesigned elevations and the circulation system for Tentative Tract
10349, based on the established rr iteria, were generally acceptable to
the Ad Hoc Committee. Listed below are three issues that require the
City Council's determination tonight:
1. The Ad Hoc Committee rewmmended a higher pitched roof (6/12 or
7/12) for the one story elevation. The Rd Hoc Committee felt
that a higher pitch roof for the one-story elevation provided
better compatibility with the existing Thoroughbred homes.
Exhibit "A" shows the different roof pitches from low, medium
to high.
2. The developer's proposal of offering a 32,000 front yard
landscaping allowance for the homeowner to install the plant
material within a fixed period of time versus the Ad Hoc
Committee's recommendation of providing such landscaping
services to the homeowners by the developer. The developer
stated that providing such landscape services could create
potential liability for the builder and may also lead to
"cookie cutter" front yard landscaping design. The Ad Hoc
Committee felt that providing such services is an amenity for
r
J~
the perspective home buyer whc could work with the builder's
selected landscape contractor in designing the front yard
landscaping and providing continuity throughout the project.
3. The developer requested that City Council consider an increase
of number of lots Lo 51 versus the proposed 53. The original
tract map that had expired was approved for 58 lots. The
developer resuhmitted a tentative tract map of 53 lots where 5
lots were eliminated in order to comply with the required
minimum average lot size of 22,500 square feet. Therefore, the
increase of four lots to a total of 57 lots would decrease the
required 22,500 square foot minimum average lot size. Should
the City Council concur with this increase in the total number
of lots to 57 lots, a variance would be required. The City
Council would have to refer the variance matter to the Planning
Commission for their review and approval as a tentative tract
condition of approval.
RECOMMENDATION: If the City Council concurs with recommendations of the
Ad Hoc Committee, staff recommends, with the consent of the applicant,
the item 6e continued to a jointly agreeable date to allow the developer
to make the necessary corrections for the City Council's review and •
approval.
Res ctfull ~bmitted,
R ck ez
'ty la r
G:NF:jr
Attachments: Tah le I
Exhibit "A" - Low, Medium, High Pitch Roaf
Minutes of May 9, 1985 Ad Hoc Committee
. J
-- _
--_--___
--- 4/12 LOW PITCH
S/72 MEDIUM PITCH
• _-
' _- - 8/12 MEDIUM PITCN
- --__
- ~ 7/12 HIGH PITCH
a9D CITY C+l: ITEM: 9f 10389
RAI`'CI-I(~ CLK'AMC~'GA TITLL•~~~[~~f~~~~
PLANNING DIVISION EXtilIilT~ ~~ ~ SCnLE~~_
`~
MiNU TES OF .MAY 9, 1985 PLANNING COMMISS [0"1 AO HOC COMe[TTEE MEETING
FOR TRACT 10349 •
The meeting of the Planning Commi 55 ion ad hot committee was held on May
9, 1985 at the Neighborhood Center. The purpose of this meeting is to
estahlish criteria and specific recommendations for design review
consideration on the redesign of Tentative Tract 10349. The following
summarizes these criteria and recommendations:
Architecture
1. Provide an architectural theme that is compatible to the
Thoroughbred Street homes - Tract 95}0. This theme
should be designed towards the Country/English or
Country! French style through the following details:
A. Roof materials should 6e of wood shake (fire
retardant per City standards) or flat concrete tiles
in earthton es. Red Spanish ti le is not compatih le.
8. High pitch roof and mansard should be provided.
C. Mu 1t i-pane windows.
D. Brick and fieldstone veneers should be provided on
front elevations. •
E. Chimney design should include brick or fieldstone
veneer.
2. Floor plans should be designed to have a wider elevation
and include side-on entry garages.
3. Provide an equal distribution of various size of floor
plans ranging from a minimum of 2,400 sq, ft. to 3,000
plus sq. ft.
On-Site Improvements.
1. Provide concrete driveways, curh and gutters.
2. Provide front yard landscaping that includes 80% sod,
automatic irrigation system, 20% ground cover, and 25 5-
gallon minimum size trees and shrubs.
3, Provide side yard (return) decorative masonry block walls
or brick and fieldstone veneers.
•
Minutes of Plann inr ~mmiss ion
Ad Hoc Committee ME,.-ing - TT 10349
May 9, 1985
Page 2
•
Off-Site Improvements.
1. Provide north/south equestrian trails (see Altrnate 1)
2. Provide sidewalk on one side of the street per City
standards.
3. Continue the same street trees on Thoroughbred Street
(liquid amber trees).
4. After reviewing the two alternate circulation systems
regarding traffic flow and drainage, the Planning
Commission ad hoc committee recommended Alternate ~ as
having the equitable flow of traffic (see attached).
•
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ORDINANCE N0. 639-~~B~P Ufa 7
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PRRCEL NUMBERS
201-181-7-10, 59-60, 80-85 LOCATED ON THE SOUTH S[DE OF
WILSON, BETWEEN HAVEN AND MAYBERRY AND INCLUDING THOSE
PARCELS FRONTING ON THE WEST SIDE OF MAYBERRY FROM LOW
MEDIUM RESIDENTIAL (4-8 DU/AC) AND LOW RESIDENTIAL (2-4
DU/AC) TO VERY LOW RESIDENTIAL (LESS THAN 2 DU/AC).
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, reconmends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescribed by law and duly heard and
considered said recommendation.
O. That this rezoning is consistent with the General
• Plan of the City of Rancho Cucamonga.
C. That this rezoning is consistent with the objectives
of the Development Code of the City of Rancho
Cucamonga.
0. This rezoning will have no significant environmental
impact as provided in the Negative Oec larat ion filed
herein.
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the development district map is hereby amended
accordingly.
From Low Medium Residential (4-8 du/ac) and Low
Residential (2-4 du/ac) to Very Low Residential (less
than 2 du/ac) for the 20.2 acres of land located on the
south side of Wilson Avenue between Haven and Mayberry
anA to include those parcels fronting on the west side of
Mayberry and further described as APN 201-181-7, 8, 9,
10, 59, 60, 80, 18, R2, 83, 84 and 85.
The Mayor shall sign this Ordinance and the City Clerk shall cause the same to
be published within fifteen (15) days after its passage at least once in The
Dail Re ort, a newspaper of general circulation published in the City of
ntario, a ifornia, and circulated in the City of Rancho Cucamonga,
California.
~f
ORDINANCE N0. 7=6~k9~B=~.' .~!n8
AN ORDINANCE OF THE CITY COUNCIL OF THE CI TV OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER
2D1-252-23, 25, 16, LOCATED ON THE NORTHEAST CORNER OF
ARCH I3 ALO AVENUE AND HIGHLAND AVENGE, FROM MEDIUM
RESIDENTIAL (8-14 DU/AC} TO LOW MEDIUM RESIDENTIAL (4-8
DU/AC).
The City Council of the City of Rancho Cucamonga, California, does
ordain as foliows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescr ihed by law and duly heard and
considered said recommendation.
B. That this rezoning is consistent wf th the General
Plan of the City of Rancho Cucamonga.
C. That this rezoning is consistent with the objectives
of the Development Code of the City of Rancho
Cucamonga.
D. This rezoning will have no significant environmental
impact as provided in the Negative Declaration filed
herein.
SECTION 2: The following described real property is hereby rezoned
in the manner stated, and the development district map is hereby amended
accordingly.
Assessor's Parcel Number 2D1-252-23, 25, 26 approximately
9.75 acres in size and located on the northeast corner of
Archibald Avenue and Highland Avenue, is hereby changed
from Medium Residential (8-14 du/ac} to low Medium
Residential (4-B du/ac).
The Mayor shall sign this Ord ir~ance and the City Lterk shall cause the same to
be published within fifteen (15} days after its passage at least once in The
OailY Report, a newspaper of general circulation published in the City of
Ontario, California, and circulated in the City of Rancho Cucamonga,
California.
:~
~'',a
wFCloavrr of vusucarloa
S7+AIE Ot? CAUFORkUA
~M'Y (X+SAN BSBNARDII'70 ~ .
~ nauri.^.a D. ae¢an do Mreby cerOfY than
am the Legal Advahsns dQtc of THE DAILY REPORT. a daily
d gene-a1 maculation. pahFi~ in Lhe Oily of llnta.-w.
Cooaty and Stale ataraaid and that tic atfacted adwst+semer~
~ Notice of Mea ring __ _.. ,.__ ._ - ~.;b Ti3iaFp awa
r
~'n
cn a
rv r~
~
o
<
pry c
r~rno.t~wow m s aro
,mK ,kooao.~a•m~a~<e •n
C1SY Ca unell _ 'r 1. W~i~]lt p'~.~d of
"e
~
'N <d rc~l
City of Ranc~a Cucama n¢a "".°"e.;:"
was p~tiirdm sad -na r > > _t ima _.-•?a rc"',:y wa•• g H
'
;
~°•. M
.4 a f
~
V
..___.___ _ 0.5
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.•. e
JP'EJ
_ .. __ ._-.. ... 0-..°a_v n
+E.E-
~~- June 21~ 1985
-•=xn,
'°'° ~''~~`~~~
[ cetd7 ~dv P~9 ~ {~Jm'7 tint the forepdeg is frae a~
CDtiCd V ,•
__t~
-----
Dated at tiolaria. 6ldvnia thb _____.._.._ ~ 1st - gay d
~lnMnurx- F~ . ~iYf ~ir~.
_T `DES _ ~+<?~t4.M1
a.. _/. to-.v..5 n'.
.:n,v a..S~M1
- GRnIO .Ox
4Aairl. JO GE~6-Ea
aeverly Authelet
City Clerk
City of Rancho Cucamonga
P,O. Box 807
Rancho Cucamonga, California 91730
y'.M BEA GM1E ViC .E rv~Ea C l..-E
O„a-.. pL00„
_ _s_ x.132622-~53
i2'JI G3i -]Big
June 20, 1985
Re: Written report concerning adult use
moratorium
Dear Beverly:
Please find enclosed the written report of
Mr. Markman concerning the actions taken by the City
during the effective dates of the adult business mora-
torium (Ordinance No. 266, adopted June 5, 1985}. As you
know, at the meeting of June 19, 1985, the City Council
authorized and directed Mr. tdarkman to prepare the enclosed
document. As Mr. Markmar. undoubtedly mentioned at the
meeting, such a written report is a prerequisite under
State law before the City Council may extend the effective
dates of the adult business moratorium.
Please file and retain this document along with
Ordinance No. 266. Naturally, this document is a public
record as much as the Ordinance adopted and should be
made available for Public inspection or copying on request.
If you have any questions or comments with reyard
to any of the above-capt i.oned matters, please do not hesitate
to contact the undersigned at your convenience.
Ver truly ~ours~
`~~~./
Ralp D. Hanson
Deputy City Attorney •
RDH:sjk City of Rancho Cucamonga
Encl.
ec: Lauren Wasserman, City Manager
(Encl.)
~ ~~
REPORT ON ACTIONS TAKEN FOLLOXING
ADOPTION OF ORDINANCE N0. 266
Pursuant to the requirements of California Government
Code Section 65858 (d), and at the express direction of the
City Council of the City of Rancho Cucamonga, the following
constitutes a written report of the City Council of the City
of Rancho Cucamonga concerning those measures taken to alleviate
the condition which led to the adoption of Ordinance No. 266.
BACKGROUND
1. On June 5, 1985, the City Council of the City of
Rancho Cucamonga adopted its ordinance No. 266 entitled: "An
• Ordinance of the City Council of the City of Rancho Cucamonga
Adopting an Interim Urgency Zonina Ordinance Pursuant to Govern-
ment Code Section 65858 (a) Pertaining to the Establishment of
Adult Businesses." Said Ordinance No. 266 adopted interim
zonina regulations, effective for no longer than forty five (45)
days, prohibiting the establishment of all Adult eusinesse s, as
defined by Section 17. 02.140(C)(3) of the Development Code of
the City of Rancho Cucamonga, in all development districts
within the City so long as such interim zoning regulations were
in effect and operative. Pursuant to the requirements of said
Section 65858, Ordinance No. 266 was adopted by the City Council
upon its finding that additional approval of uses pertaining to
adult businesses would result in an immediate threat to public
n
u
health, safety or welfare.
2. Pursuant to California Government Code Section
65858 (d), ten (10) days prior to the expiration of any interim
ordinance or any extension thereof adopted nursuant to the terms
of said section, the City Council shall issue a written report
describing the measures taken to alleviate the condition which
led to the adoption of such interim zoning ordinance.
3. On June 19, 1985, at the regular meeting of the City
Council of the City of Rancho Cucamonga, the City Council was
presented with an oral staff report concerning the measures taken
relative to adult businesses following the adoption of said
Ordinance No. 266. At said meeting of June 19, 1985 and the •
following said staff report, the City Council of the City of
Rancho Cucamonga, by minute action, authorized and directed the
City Attorney to prepare, pursuant to the requirements of said
Government Code Section 65858 (d), a written report cone erninq
the actions taken following, and relative to, the adoption of
Ordinance CIO. 266 and directed the City Clezk to file and retain
such report along with Ordinance No. 266.
ACTIONS TAKEN
Following the adoption of Ordinance No. 266, the following
actions have Rx~n taken relative to the interim zoning regulations
pertaining to adult businesses.
,'%
1. The office of the City Attorney o£ the City of ,
Rancho Cucamonga has conducted extensive research into the
legality, constitutionality and viability of the imposition by
municipalities of comprehensive zoning controls with respect to
those adult businesses within the borders of the municipality.
Such research has not only been conducted with regard to a
comprehensive legal review of the matter, but has also been
directed in an examination of how such legal parameters impact
the current comprehensive zoning policies of the City of Rancho
Cucamonga.
2. This research has been necessary to provide a
• comprehensive memorandum and analysis of the subject for review
by the City Council and the City departments of Planning and
Development, Engineering, Administration and Community Services so
to receive further input and analysis on how such legal reauire-
ments may impact the policy and procedures relative to land use
control in the City and to develope a comorehe nsive policy
action.
Dated: June 20, 1985 ~ ~ %~~-ra~~
.ies L. Markman, City Attorney
City of Rancho Cucamonga
a
- CITY OF RASCHO CCCAVIOtiGA c«j,~~o
STAFF REPORT ~~~,`'` ry.
~ =~A~^.
'I x
DATE: July 3, 1985 ~ ivr;
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Linda Beek, Engineering Technician
SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEKATION N0. 9 FOR TRACTS
NOS. 12588 & 12028 THRU 12031 TO STREET LIGHTING MAINTENANCE
DISTRICT N0. 2
Attached for City Council approval is a resolution ordering the work in
connection with Annexation No. 9 to Street Lighting Maintenance District
No. 2.
The following are pro,{ects to be annexed:
• District No. 1 District No. 2
(arterial) (local lights
Tract No. 12588 Tract No. 12588
12028
12029
12030
12031
Omni Builders, developer of Tract No. 12588 and Marlborough Homes, developers
of Tract Nos. 12028 thru 12031 have been notified of the public hearing by
mail.
The attached resolution also approves the Engineer's Report which was
tentatively approved by Resolution No. 85-173 on June 5, 1985.
RECOIMENDATION
It is recommended that City Council approve the attached resolution ordering
the work in connection with Annexation No. 9 to Street Lighting Maintenance
District No. 2 and approving the Engineer's Report.
R~eC fulll sy
BH: ~ /
Attachments
J
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
39
COUNTY OF SANBERNARDINO '
I Maurine D. Paean ,do hereby certify thatl
am the Legal Advertising clerk of THE DAILY REPORT, a dady
newspaper of general circulation, published in the City of Ontaro,
^Yunty and State aforesaid and that the attached adverisement
P ,lutlon No. BS-1T4
~e Citr a} Rancho Cueamanla
waspublt~hedinsaidnewapaper One ti) t1.ma _.__,____
t0 wit: JuM 21r 1985
I certify under penalty of perjury that the foregoing is We and
(Signet e)
Gated at Ontario, California thin 2 i a t day o[
June Ig 85 ,
~9 ~
aE~OI'JtION MO (1 ~~~
~Ir YE.J_u.~Ox OR .r,E
a eMfl( Oi ~w6
I ~ .N<NO fVCF~
MONO.. C. %IRONMI. DE~ •
!l1NIN0 IT( IMINTIOM
TO ONOIN 1NC .NMCN..
1 ON TO STFICT 110M1.
HMO MAINTI :E M:1
OISTEI(T MO, L N L
SE SSMf MT Olsl El[T
DesIFN.nwe fuo EN.
Yf %1LIOM .S .MNEa.
I:ON b I [O t19FET
t:Ox.~N6 M.i nrf~
M.N(F OISiN1~T NO. 1'
~95uaNr 0 tXE
(IDNT,xc (cr of I r;
.MO D[[ENIM6 . 11MC
.NO w[f i0! nfAf
CFO OFIECTIONS TN!!l~
10
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•
C~
RESOLUTION N0. EII7-03=02R
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNE)CAT ION
N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND
ACCEPTING THE FSNAL ENGi NEER'S REPORT FOR TRRCT NOS.
12598 ANO 12029 THRU 12031
WHEREAS, the City Council of the City of Rancho Cucamonga did on the
5th day of June, 1985, adopt its Resolution of Intention No. 85-174 to order
the therein described work in connection with Annexation No. 9 to Street
Lighting Maintenance District No. 2, which Resolution of Intention No. 85-174
was duly and legally puhlished in the time, farm and manner as required by
law, shown by Lhe Rff idavit of Publication of said Resolution of Intention on
file in the office of the City Clerk; and
WHERERS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement", was duly and legally
posted in the time, form, manner, location, and number as required by law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHERERS, after the adoption thereof, notices of the adoption of the
Resolution of intention were duly mailed to all persons owning real property
• proposed to be assessed for the improvements described in said Pesolution of
Intention No. 95-174, according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, form, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
'AHEREAS, said City Council having duly re^ei ved considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity far the contemplated work and the benefits to be
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho Cucamonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. BS-174, be done and made; and
SECTION 2: The Report filed by the Engineer is hereby finally
approved; ate-
SECTION 3: The assessments and method of assessment in the
Engineer'ss e~are hereby approved,
SECTION 4; The assessments shall not begin until after 60 percent
of Bald tracers Fave been occupied.
~
~
CITY OF RANCHO CllCAMONGA
Engineer's Report for
Street Lighting Maintenance District No. 2
Annexation No. 9
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 pct of 1972),
SECTION 2. General Description
This City Council has elected to
"A" into Street Lighting Maintenance
determined that the street lights to
all lots within said tracts as well
street lights.
are:
annex the tracts enumerated in Exhibit
District No. 2. The City Council has
be maintained will have an effect upon
as on the lots directly abutting the
Work to he provided for with the assessments established by the district
The furnishing of services and materials -or the ordinary and usual
maintenance, operating and servicing of street light improvements on
local residential streets. Improvement maintenance is considered of
general benefit to ali areas in the District and cost shall he
divided on a per lot basis. In the case of condominiums with
airspace ownership only, and apartments, a dwelling unit shall be
considered to benefit the same as a lot,
SECTION 3. Plans and Specifications
The plans and specifications far 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 6y the City Engineering
Division. Reference is hereby made to the subject tract map or development
plan and the assessment diagram for the exact location of the street lighting
areas. The plans and specifications for street lighting improvement on the
individual development is hereby made a part of this report to the same extent
as if said plans and specifics were attached hereto.
Detailed maintenance activities on the street lighting district
include: the repair, removal or replacement of all o. 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 wfll be constructed by developers. Based on available data,
it is estimated that maintenance costs for assessment purposes will be as •
indicated below. These costs are estimated only, actual assessments will be
based on actual cost data.
r
y .
• The estimated total cost for Lighting Maintenance District No. 2
(including Annexation No. 9 comprised of 99 lots and 9 street lights) is shown
below:
1. S.C.E. Maintenance and Energy:
Lamp Size* Quantity Rate**
5800L 486 8.75
*Migh Pressure So ium Vapor
**SCE Schedule LS-1. All night service per map per
month, effective January 1, 1983.
Lamps Rate Mo's Total
486 X 8.75 X 12 51,030.00
2. Costs per dwelling Unit:
Total Annuai Maintenance Cost = 51030_,00 =27.92/year/unit
No. o Um is in istrut
27.92 divided by 12 = 2.33/mo./unit
Assessment shall apply to each lot as explained in Section 6.
SECTION 5. Assessment Diagram
Copies of the proposed Assessment Diagrams are attached to this report and
labeled "Street Lighting Maintenance District No. 2", Annexation No. 9.
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.
SECTION 7, Order of Events
1. City Council adopts resolution instituting proceedings.
•
n
,. y
2, City Council adopts Resolution of Preliminary Approval of City Engineer's •
Report.
3. City Council adapts 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.
l J
•
MS
6117 _UI
E07-03-02R
,7u ly 3, 1985
Page 2
\J
EICHIBIT "A"
Properties and improvements to be included within Annexation No. 9 of Street
Lighting Maintenance District 2:
Tract No. 5800E
12588
l J
~ ~
r •'.9
ASSESSMENT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. 2
ANNEXATION NO. 9
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TRACT 12585
c+g titlr,;
,,aw`- °~ °+ ~ CITY OF RANCHO CUCAMONGA
' ,,,_'G. '> COUNTY OF 3AN BERNARDINO
'~ ~ ~ STATE OF CALIFORNIA
;a N
- C[TY pF RANC1i0 CtiC?.~10\GA ~~c.~ar~
STAFF REPORT ~?° ~ j ~9,
~,~`,~,>
_ Z
~''~.%
DATE: July 3, 1985 ~ ivs-
T0: City Council and City Manager
FROM: Lloyd 6. Hubbs, City Engineer
BY: Linda Beek, Engineering Technician
SUBJECT: ORDERING THE WORK [N CONNECTION WITH ANNEXATION N0. 11 fOR TRACT
NOS. 12588 & 12028 THRU 12031 TO STREET LIGHTING MAINTENANCE
OISTR ICT N0. 1
AttacheA for City Council approval is a resolution ordering the work in
connection with Annexation No. 11 to Street Lighting Maintenance District
No. i.
The following are projects to 6e annexed.
. District No. 1 District No. 2
(arterial) (lOC al lights)
Tract No. 12588 Tract No. 12588
lzD2a
12029
12030
12031
Omni Builders, developer of Tract No. 12588 & Marlborough Homes, developer of
Tract Nos. 12028 thru 12031 have been notified of the public hearing by mail.
The attached resolution also approves the Engineer's Report which was
tentatively approved by Resolution No. 85-111 on June 5, 1985.
RECOMMENDATION
It is recommended that City Council approve the attached resolution ordering
the work in connection with Annexation No. 11 to Street Lighting Maintenance
District No. 1 and approving the Engineer's Report.
Respectfully su fitted,
(J/'x~//// i
® LBH: :ko
Attachments
)~~' /
iiuLUnoM NO. uIn
AFFIDAVIT OF VUlLICATION i l lISOLVTION OI 1NE
c,TT colJxclL os THE
crtr oc a"eNO cua.
MoNOI. uurouu of
[L.RIND ITf INilNi,ON
D,~ ~E~E. O~~
p1AlY OF CALIFORIiIA TO Oq DEq TNi IMNEl4
aE
~ DnTgIR IID,T"N.LN ly.
COUNTY OF SAN BERNARDII40 o.flt ,: No ;:;6':L:
MINATIOM if lNM[R4
~ TIDN ND. II TD 3TlER
I, Naurlne n. Pesm do hereby certify thatl j :~.<".'»nTElnl iwT. ~,
am the Legal Advertising clerk of THE DAILY REPORT, a Aady :»»o:<::INO :»o
nexspaper of general circulation, published in the Cdy of Ontarm,
:ND ossellne • nee[
"D"""D lB °i °"
County and State aforesaid and that the attached advertisement "D rL•<E NoN "!"".
IMO 0[JE(TIONl TNIIIE
ro
. _NOW, TMEq EfORE ED IT
of R~solutlon Ne. 85-172 ___
far th^ Citr of Rancho Cucimen[•
wiz published IA said ntwspeper 8n• t S> t Sm^ _
CO wit: June 21. 1985
I certify under penalty of perjury that the foregoing is true and
crorreM.
(Signs wel
Dated at Ontario, Ca1i[arnfa this 21- t dyy of
... e e
i % ~~
nw
ro
N
RESOLUTION N0. E03+03-O1R '
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGR ORDERING THE WORK IN CONNECTION WITN ANNEXATION
N0. 11 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND
ACCEPTING THE FINRL ENGINEER'S REPORT FOR TRACT NOS.
12588 AND 12028 THRU 12031
WHEREAS, the City Council of the City of Rancho Cucamonga did on the
5th day of June, 1985, adopt its Resolution of Intention No. 85-172 to order
the therein described work in connection with Annexation No. 11 to Street
Lighting Maintenance District No. 1, which Resolution of Intention No. 85-172
was duly and legally published in the time, form and manner as required by
law, shown by the Affidavit of Publication of said Resolution of Intention on
file in the office of the City Clerk; and
WHEREAS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement", was duly and legally
posted in the time, form, manner, location, and number as required by law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHEREAS, after the adoption thereof, notices of the adoption of the
Resolution of Intention were duly mailed to all persons owning real property
proposed to be assessed for the improvements described in said Resolution of
• Intention No. 85-112 according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, farm, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
WHEREAS, said City Council having duly received considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated work and the benefits to be
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho Cucamonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. 85-172, be done and made; and
SECTION 2: The Report filed by the Engineer is hereby finally
approved; a~-
SECTION 3; The assessments and method of assessment in the
Engineer's Report are hereby approved.
~ Li
CITY COUNCIL RESOLUTION
E07-03-O1R
July 3, 1985
Page 2
SECTION 4: The assessments shall not begin until after 60 percent
of said tracts have been occupied.
PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
AYES:
NOES:
ABSENT:
on 0. Mike ls, Mayor
ATTEST:
Beverly A. Authe et, City Cler
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 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
every A. Rut a et, ity C er
•
•
•
`i
CITY OF RANCHO CUCAMONGA
• Engineer's Report for
Street Lighting Maintenance District No. 1
Annexation No. 11
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 the tracts enumerated in Exhibit
"A" into Street Lighting Maintenance District No. 1. The City Council has
determined that the street lights to be maintained will have an effect upon
all lots within said tracts as well as on the lots directly abutting the
street lights.
Work to be provided for with the assessments established by the district
are:
The furnf sh ing 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 unft shall
he considered to benefit the same as a lot.
SECTION 3. Plans and Specifications
The plans and specifications for street lighting have been prepared by the
developers. The plans and street lights are as stipulated in the conditions
of approval for the development and as approved by the City Engineering
Division. Reference is hereby made to the subject tract map or development
plan and the assessment diagram for the exact location of the street lighting
areas. The plans and specifications for street lighting improvement an the
individual development is hereby made apart of this report to the same extent
as if said plans and specifics were attached hereto.
Detailed maintenance activities on the street lighting district
include: the repair, removal or replacement of all or any part of
any improvement, providing for the illumination of the subject area.
SECTION 4. Estimated Costs
No costs will be incurred for street lighting improvement construction,
Ril improvements will be constructed by developers. Based on available data,
it is estimated that maintenance costs for assessment purposes will be as
indicated below. These costs are estimated only, actual assessments will be
based on actual cost data.
I~~n
The estimated total cost for Lighting Maintenance District No. 1 •
(including Annexation No. 11 comprised of 99 lots and 7 9500E street lights is
shown below:
1. S.C.E. Maintenance and Energy:
Lamo Size* uantit Rate**
9500E 199 9.90
SBOOL 122 8.75
*High Pressure Sodium Vapor
Lamps Rate Mo's Total
199 X 9.90 X 12 = b23,641.20
122 X 8.75 X 12 = 512,810.00
2. Costs per dwelling Unit:
Total Annual Maintenance Cost = 36 451.20 =5.82/year/unit
No. o Umts ro istrxt S,~-
5.82 divided by 12 = 0.49/mo./unit •
Rs sessment 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. 11.
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 ar Darcel of
assessable land, the assessment for each lot or parcel shall be proportional
to the number of dwelling units per lot ar parcel.
It is proposed that all future development shall be annexed to the
District.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's •
Report.
3. City Council adopts Resolution of Intention to annex to District and sets
public hearing date.
'`
• 4, City Council conducts public hearing, considers all testimony and
determines to form a District or abandon the proceedings.
5, Every year in May, the City Engineer files a report with the City Council.
6. Every year in June, the City Council conducts a public hearing and
approves, or modifies and approves the individual assessments.
`J
t}
CITY COUNCIL RESOLUTION
E07-03-O1R
July 3, 1985
Page 2
•
EXHIBIT "A"
Properties and improvements to be included within Annexation No. 11 of Street
Lighting Maintenance District 1:
Tract No. 9500E
12588 7
12028 0
12029 0
12030 0
12031 0
•
•
ice=
ASSESSMENT DIAGRAM
•
STREET LIGHTING MAINTENANCE DISTRICT NO. ~
ANNEXATION NO. 1 1
TRACT 12588
~,o~`-`''~'~°~ ~ CITY OF RANCHO CUCAMONGA ~ "`~P'
_. ': COUNTY OF 9AN BERNARDINO -
"~;~ ~.
~: STATE OF CALIFORNIA ~ T _
~, lv
y 6n ' LLOYD MUBBS CITY ENGINEER RCE.23B89 DATE page
ASSESSMEPIT DIAGRAM
STREET LIGHTING MAINTENANCE DISTRICT NO. ~
ANNEXATION NO. 1 1 I
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TRACTS 12028. 12029. 12030. 12031
A PORTION OF TF,NTATIVFa TRACT 11668
,~.."`~"0~:~ CITY OF RANCHO CUCAMONGA tiUr.
..,~~,~~^ ,r_ COUNTY OF 9AN BERNARDINO n -
V^ 6 ,~ STATE OF CALIFORNIA ~ T =
an LLOYD HUBBS CITY ENGINEER R.C E.238B9 OATE l~ Pa6~
nrmv no n ,err vn nr+n • eanvr e
•
STAFF REPORT
GATE: July 3, 1985
T0: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Linda Beek, Engineering Technician
Gam. ~.v9
eeJ,/ Wit?
~;/~
Y~~,}l1\ ~~7
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F- ~ >
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•
SUBJECT: ORDERING THE WORK IN CONNECTION W[TH ANNEXATION N0. 24 fOR TRACT
NOS. 12588 AND 12028 THRU 12031 TO LANDSCAPE MAINTENANCE DISTRICT
N0. 1
Attached for City Council approval is a resolution ordering the work in
connection with Annexation No. 24 to Landscape Maintenance District No. 1 for
Tract 12588 located on the northeast corner of Archibald & Wilson and Tract
Nos. 12028 thru 12031 located between Archib-ld & Ramona south of Church.
Omni Builders, developer of Tract 12588 and Marlborough Nomes, developer of
Tract Nos. 12028 thru 12031 have been notified of the public hearing by mail.
The attached resolution also approves the Engineer's Report which was
tentatively approved by Resolution No. 85-169 on June 5, 1985.
RECOMMENDATION
it is recommended that City Council approve the attached resolution ordering
the work in connection with Annexation No. 24 to Landscape Maintenance
District No. 1 and approving the Engineer's Report.
Res ec tfully sub tted,
LBH ~K:Jaa
Attachments
fL~
-,
AfitDAY1T OF PUBLICATION
STATE OP CAI.[FORNLt
COt7N[YOPSANB ~ ~ '
(, Maurine D. Paten ,do hereby certify that!
am the [.egal Adver~tisirtg elan d TAE pAILY REPORT, a darly
newspaper d generak cvculation, ptthhshed in the City o/ Ontario,
County and State aforesaid and that the attached advertisement
d Rew lutlon No. 85-170 ____
for the Clty of Rancho Cucamonga
waspaDtlebedirtsidmWapaPer~nt., f1) t1mL__.-__
~vssoi~.low
to Wet' June 21r 1985 ""°r"°^•~q "'tl"'"<`°"'"°
~I wow.mm~a r. ro.~mx<.rv
•. anu. ol• nlxam
~~ IwNi[aM. ax.m.n..l~
1 certify undo pmaltT d PeriQ7 that the foregoing u true and •.v. ur.~rvra..~a ..n. ,.
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RESOLUTION N0. ]=D7-43~03R
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGR ORDERING THE WORK IN CONNECTION WITH ANNEXATION
N0. 24 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND
ACCEPTING THE fINRL ENGINEER'S REPORT fOR TRACT NOS.
12588 ANO 12028 THRU 12031
WHEREAS, the City Council of the City of Rancho Cucamonga did on the
5th day of June, 1985, adopt its Resolution of Intention No. 85-170 to order
the therein descrihed work in connection with Annexation No. 24 to Landscape
Maintenance District No. 1, which Resolution of Intention No. 85-170 was duly
and legally published in the time, form and manner as required 6y law, shown
by the Affidavit of Publication of said Resolution of Intention on file in the
office of the City Clerk; and
WHEREAS, after the adoption thereof, notice of the passage of said
Resolution of Intention, headed "Notice of Improvement", was duly and legally
posted in the time, form, manner, location, and number as required 6y law, as
appears from the Affidavit of Posting said notices, on file in the office of
the City Clerk; and
WHEREAS, after the adoption thereof, notices of the adoption of the
Resolution of intention were duly mailed to all persons owning real property
proposed to be assessed for the improvements described in said Resolution of
• Intention No. 85-110, according to the names and addresses of such owners as
the same appears on the last mailing or as known to the City Clerk of the City
of Rancho Cucamonga, which said copies were duly mailed in the time, form, and
manner as required by law, as appears from the Affidavit of Mailing on file in
the office of the City Clerk; and
WHEREAS, said City Council having duly received considered evidence,
oral and documentary, concerning the jurisdiction facts in this proceeding and
concerning the necessity for the contemplated Work and the benefits to 6e
derived therefrom and said City Council having now acquired jurisdiction to
order the proposed work.
SECTION 1: It is hereby resolved by the City Council of the City of
Rancho Cucamonga that the public interest and convenience requires the
annexation to the District and the ordering of the work, and said City Council
hereby orders that the work, as set forth and described in said Resolution of
Intention No. 85-170, be done and made; and
SECTION 2: Be it further resolved that the report filed by the
Engineer is`-liere~y finally approved; and
SECTION 3: Be it further resolved that the assessments and method of
assessment in the Engineer's Report are hereby approved.
fC J
"'J
CITY COUNCIL RESOLUTION
E07-03-03R
July 3, 1985
Page 2
SECTION 4: Be it finally resolved that said assessments shall not
begin until after 60 percent of said tracts have been occupied.
PASSED, APPROVED, and ADOPTED this 3rd day of July, 1985.
AYES:
NOES:
ABSENT:
on D. Nike s, Mayor
ATTEST:
Beverly A. Aut he let, C ty C erk
I, BEVERLY A. AUTNELET, CITY CLERK of the City of Rancho Cucamonga,
C aiifornia, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucamonga, at
a regular (special, adjourned) meeting of said City Council held on the 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
ever y A. uthelet, City C erk
LJ
•
•
~~~
CITY COUNCIL RESOLUTION
E07-03-D3R
Juiy 3, 1985
`J
CITY OF RANCHO CUCAMONGA
Engineer's Repnrt far
ANNEXATION N0. 24
to the
Landscape Maintenance District No. 1
Tract Nos. 12588 b 12028 thru 12031
SECTION 1. Authority for Report
This report is in compliance with the requirements of Article 4, Chapter
1, Oivis ion 15 of the Streets and Highways Lode, State of California
(landscaping and Lighting Act of 1972).
SECTION 2. General Oescr ipt ion
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 wSll have an effect upon all lots within Tract Nos. 12588 6
. 12028 thru 12031 as well as on the lots directly abutting the landscaped
areas. All landscaped areas to be maintained in the annexed tracts are shown
on the Tract Map as roadway right-of-way or easements to be granted to the
City of Rancho Cucamonga.
SECTION 3. Plans and Specifications
The plans and specifications for the landscaping have been prepared by the
developer and have been approved as part of the improvement plans for Tract
Nos. 12588 b 12028 thru 12031. The plans and specifications for the
landscaping are in conformance with the Planning Commission.
Reference is hereby made to the subSect Tract Map and the assessment
diagrams for the exact location of the landscaped areas. The plans and
specifications by reference are hereby made a part of this report to the same
extent as if said plans and specifications were attached hereto.
SECTION 4. Estimated Costs
No costs will be incurred for parkway improvement construction. All
improvements will he 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 casts are estimated only, actual assessment will be
based on actual cost data.
CITY COUNCIL RESOLUTION
E01-03-03R
July 3, 1985
•
The estimated total cost for Landscape Maintenance District No. 1
(including Annexation No. 24 comprised of 24,600 square feet of landscaped
area) is shown below:
Total Annual Maintenance Cost
E.30 X 592,786 square feet = 117,835.80
Per Lot Annual Assessment
177~~ = 33.45
Per Lot Monthly Assessment
33.45 = 2.79
~2-
Assessment shall apply to each lot as e'umerated in Section 6 and the
attached Rssessment Diagram. Nhere 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. Rssessment Diagr am
A copy of the proposed assessment diagram is attached to this report and
labeled "Exhibit A", by this reference the diagram is hereby incorporated
within the text of this report.
SECTION 6. Assessment
Improvement for Annexation No. 24 is found to be of general benefit to all
lots within the District and that assessment shall be equal for each parcel.
The City Council will hold a public hearing in June, 86 to determine the
actual assessments based upon the actual costs incurred by the City during the
1984/85 fiscal year which are to be recovered through assessments as required
by the Landscape and Lighting Act of 1972.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary gpproval of City Engineer's
Report.
•
~Y
CITY COUNCIL RESOLUTION
E07-03-03R
July 3, 1985
l J
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.
•
~~{
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT N0.1
ANNEXATION N0, 24
"°
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TRACT 12588
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ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT N0.1
ANNEXATION N0. 24
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TRACTS 12028. 12029. 12030. 12031
A PORTION OF TENTATIVE TRACT 11663
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STAFF REPORT
•
L
GATE: July 3, 1935
T0: Mayor and Members of the City Council
EROM: Rick Gomez, City Planner
BY: Otto Kroutil, Senior Planner
` ~,CCa tint
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19
SUBJECT: STATUS REPORT ON APARTMENT DEVELOPMENT/SPECIAL STUDY
At the June 19, 1985 City Council meeting, the Council directed staff to
conduct a study of residential development taking place in the western
portion of the City. Of particular concern was the rate of growth of
apartment projects, and the City Council requested information
identifying the number of apartment units approved and actually built,
the rent structure, and vacancy factors. Information dealing with the
pace of single family residential development was also requested to
identify for comparative purposes the number of single family dwellings
approved and actually constructed.
The completed study is attached to this report. It contains the
requested information in summary form, including tables and specific
findings.
It is suggested the Council review the results of the
staff with directfon as appropriate.
ec f y Submitted,
is Gome
Ci er
RG:OK:jr
Attachments
Though the Council was mainly Concerned with the areas west of Haven
Avenue at this point, because of the difficulty in segregating
information the study area includes the entire City, except for the
planned communities and the industrial area. It should also be noted
that the information relative to number of persons per apartment is very
general; the only way to obtain such data would be to conduct a
door-to-door survey, Staff will 6e available to discuss the study at
the meeting.
,
• SPECIRL LANG USE STUUY
June 1985
I. STUDY AREA: Study area consists of Alta Loma, Cucamonga, and Etiwanda
areas entire City, but excluding the planned communities and the
industrial area).
li. 08JECTIVES OF STUUY:
1. To find out current land use status for single family
(detached) residential, apartments and condominiums in the
study area.
2. To find out the amount of land still available for multi-
family (apartment and condo) and single-family residential
development.
3. To find out current apartment rent and vacancy rates.
III. SUMMARY OF FINDINGS:
1. A total of 2,867 apartment units were approved by the City
from January 1978 to April 1985, of which 1,455 units (or
50.7%), were built or are under construction in the same
period.
2. A total of 2,570 single-family (detached), residential untts
were approved by the City (under tract maps), from January
1978, to April 1985. A total of 1,568 units were built during
the same period. (This includes tracts approved by both the
City and County prior to incorporation.)
3. A total of 3,023 apartment and single-family (detached)
residential units were built during the period of January
1978, to April 1985.
~ ~ ~
APARTMENT AND SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT IN THE STUDY AREA •
JANUARY 1978 - MAY 1985
Year No. of apt. No. of apt. No. of SF Nn. of SF
units approved units built detached detached
units approved units
built
1978 0 0 0 Unknown
1979 372 372 0 368
1980 117 117 75 313
1981 0 0 601 141
1982 0 0 375 40
1983 878 638 455 158
1984 396 328 856 332
1985 1,104 0 208 216
78-85 I LQ'
Total 2,867 2,570 1,568
4. The current apartment vacancy rate is 3.2%. •
5. The household sizes for apartments range from 1 - 4 persons
per unit. (Speci°ic figures cannot be obtained. 1980 Federal
Census indicated 2.1 persons per apartment unit.)
6. Apartment rents for projects constructed in this period vary
as follows:
Bachelor: E475 - 5525 per month
1-Bedroom: E410 - E585 per month
2-Bedroom: 5545 - E715 per month
3-Bedroom: E616 - per month
7. Currently, there are three (3) condominium complexes with a
total of 674 units being rented as apartments. The rent
ranges from E470 to E695 per month.
8. A total of 223 acres are currently designated in Medium High
and High categories suitable for apartment development. Of
these 223 acres, approximately 113 acres, or 51% are now
developed.
•
• 9. A total of 1,072 acres of land are currently designated in
Medium, Medium-High and High categories, suitable for
condominiums and apartment development. Of these 1,072 acres,
approximately 431 acres, or 40X are now developed or under
construction.
10. A total of 10,057 acres are currently designated HR, ER, VL,
L, and LM, suitable for single family detached residential
use. Of these 10,057 acres, 5,943 acres or 59X are now
developed or under construction.
11. A total of 11,129 acres are currently designated for
residential uses, both single and multiple family. Of this,
6,374 acres, or 57% are now developed or under construction in
the study area.
12. The entire study area comprises 13,906 acres. Of this;
223 acres of MH and H represents 1.6X,
849 acres of M represents t 6.1X,
10,057 acres of ER, NR, VL, L and LM represents 72.3X.
RESIDENTIAL LAND USE STATUS IN THE STUDY AREA
. Land Use No. of % of No. of acres No. of acres
Category acres Study developed or undeveloped
General Area under
Planned construction
MH & H 223 1.6X 113 110
Multi-Family
Residential
(Apts & Condo) 1,072 7.7X 431 641
M, MH and H
(Single-Family
detached
Residential) HR 10,057 72.3X 5,943 4,113
ER, VL, L, LM
TOTAL 11,129 80.0% 6,374 4,154
Mult -Family
and single-family
Residential
NOTE: Study Area 13,906 acres
~ J
13. Currently, there are 21 residential development projects in •
process, inc luding 1,436 total units and 310.5 acres of land
in the study area.
STUDY RREA
RESIDENTIAL DEVELOPMENT
PROJECTS IN PROCESS
Category No. of Applications Total No. of Total no. of
Units Acres
Apartments 5 558 62.2
Condo/Townhouse 2 131 11.5
Single-Family 14 747 235.8
TOTAL 21 1,436 310.5
•
14. As of this date, there have been no apDlicat ions submitted for
apartment development since the last City Council Meeting of
Jun_ 19, 1985.
•
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CITY OF RASCHO CCCA~IO\GA ~~c.+.~:
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MEMORANDUM ~- ~``
April 17r 1985 =~ 1 J'` -
1A, =_
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~~
! T0: Mayor and Members of Clty Council l3-= --~
' FAOM: Advisory Commiss ion Members
BY: Roberr, A. Rizzo ~
Assistant to City Manager IaI~ ~:,
SUHJaC T: Advisory Commission's R?commendations Regarding '
Campaign FSnancing for City Elections
The Advisory Commission at its June 1985 meeting nevi?wed the City Attorney's ',
cowmen s on campaign financing and controls for City elections (memo dated li
November 2, 1984), The Advisory Commission as a whole believe campaign financing
controls are necessary, and that contrlbutlons from time to time may overshadow
the City election process. It is the Commission's intent to present the Cit
Council with merely a set of desire y
d criteria in whSnh a campaign financing
ordinance could be dev?loped. Listed below are some parameters the Commission
would like to bs considered when such an ordinance !s prepared.
A. Advisory Commission's Recommendations deemed by City Attorney that may be
Smposed by the CSty.
•
1. City of Rancho Cucamonga's campaign financing ordinance to be coord Snated '
with Fair Pollt teal Practice Law (City of Ros?villa Ordinance,
~ 2,60.30). Section
2. Limit total (aggregate) anonymous contrlbutlons to $2,000 excess to a
non-profit organization of candidate's choice or to the City if no non-
profit organization is chosen.
3. Increase disclosure requirements on contributions of $250.00 - $999.99• '
(a) Individual, city of residence, or field of employment; (b) Non- ~~:
Sndlvidual, address, type of organlzat ion, formation date, number of ~'~
members, whether Sndlvidual contrlbutlons are required to organization or '
candidate,
4. Contributions over $999.99 require vastly increased disclosure II
requirements, Sueh requirements should include but not be liml tad to the i
fallowing:
~ a, Contributors financial stat?went oC ~
date pro£i. er loss nov?clog year to
for first 3 ea'_endar quarters of eleM ion year and previous year, '
specifying Identity of all sources of Sncome over $1,000 and all
persons or entitles to whom contributor has paid over $1,000 durSng
the 21 month period 1n question, ~
S b, LSst al.i persons or entities with whom contributor has finane ial
^~ transactions over $1,000 and whom contributor knows does business with
'he City of Rancho Cucamonga.
~7
April 77, 1985 2 Campaign Financing
c. List all other contributions to candidates in current and last (prior)
city election campaigns.
d. ContrLbution balance sheet, including complete descriptions of limited
partnership and closely hold corporation interests.
.. List all contributions' real estate holdings or interests in flancho
Cucamonga.
f. List all development applications filed with the City of flaneno
Cucamonga during the same period as covered by financial statement of
profit or loss.
5. Prevent aggregation by totalling required individual contributions
(condition of employment, promotion of membership) against group or
organization (see City of Poway ordinance).
6. Contributions by City contractors limited to X25.00 per candidate, and a
list of contractors Ss to be made known to candidates by the City Clerk
when they file for office.
7. Forbid contributions by developers between time sixty days preceeding
initial application and sizty days after final approval (recording of
tract map).
B. Advisory Commission's recommendation deemed by City Attorney may be impos•~d by •
the City with modifications.
1. Direct that all surplus campaign financing funds to be held only 90 days
after election, then distribute to a non-profit organization, or to City
of flancho Cucamonga, and proh ibLt all contributions more than six months
before an election.
2. Authorize City Prosecutor to prosecute all violations of this ordinance.
3. flequire candidates to furnish their total contributions and required dis-
closure information (names, etc.) from campaign to two newspapers with
the highest circulation that are published within 25 miles of flannho
Cucamonga, the City Clerk and public li brarles in flancho Cucamonga 7-10
days prior to eleo :ion with a supplemental report 2-3 days before
election.
4. City Council to consider the City of Cardena's campaign fLnancing
ord lnance as a start Sng point for drafting an ordinance in the City of
Rancho Cucamonga and request City Attorney to r?view said ordlnasse prior
to drafting flancho Cucamonga's.
At such time as th<. City Attorney has prepared a draft campaign financing
ordinance, the Advisory Commission would welcome the opportunity to review it and
make appropriate comments. If, in the interim, the City Council has any questions,
concerns, or would like clarification on any of the points recommended, feel Cree -
to contact us.
Thank you,
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: July 3, 1985 -
1977
TO: City Council and City Manager
FROM: Lloyd 6. Hubbs, City Engineer
BY: Vartan V. Vartanians, Rssociate Civil Engineer
SUBJECT: Summarily Vacation of an Unused Portion of the City flood control
and water conservation easement at the southwesterly corner of
Foothill Boulevard and Hellman Avenue
The City has received a request from the Sickels Group to vacate the unused
portion of the City flood control and water conservation easement at the
southwesterly corner of Foothill Boulevard and Hellman Avenue.
A portion of the above-mentioned easement, as described on the attached
Exhibit "A", is not presently useu an will not be needed in the future. The
property at the southwesterly corner of Foothill Boulevard and Hellman Avenue
is fully developed with sufficient protection from street drainage on Foothill
Boulevard.
Section 8333 of Streets and Highways Code states that local agencies may
summarily vacate (by resolution) easements if the date of acquisition is less
than five years, and more than one year, immediately preceding the proposed
vacation, and the easement was not used continuously since that date.
The above-mentioned easement was acquired 6y the City 6y an assignment of
easement recorded on February 24, 1981 and meets the summarily vacation
provisions of the Streets and Highways Code.
RECOMIERBATIOR
It is recommended that City Council adapt the attached resolution to summarily
vacate said portion of said flood control and water conservation easement and
authorize the City Clerk to cause a certified copy of this resolution to be
recorded in the Office of the County Recorder.
R spe ully submitt d~
LBH:V :,jaa
Attachments
~. .. - ~
V~V
CITY OF PROJECT: V_045
RANCHO CUCAMONGA TITLE:
ENGINEERING DIVISION EXHIBITS ~~A~~
RESOLUTION N0. E(TT-03-09R '~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF
A PORTION OF A CITY FLOOD CONTROL RND WATER CONSERVATION
EASEMENT
WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and
Highways Code, the City Council of the City of Rancho Cucamonga is authorized
to summarily vacate a portion of a City flood control and water conservation
easement hereinafter more particu lary described; and
WHEREAS, The City Council found from all the evidence submitted that
said portion of said flood control and water conservation easement, dedicated
over one year ago has not been used for its intended purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as follows:
SECTION 1: The Council herby makes its order vacating that portion
of said f oo control and water conservation easement as shown on Map V-045 on
file in the office of the City Clerk of the City of Rancho Cucamonga, which
has been further described in a legal description which is attached hereto,
marked Exhibit "A", and by reference made apart thereof.
SECTION 2: That from and after the date this resolution is recorded,
said portion o said flood control and water conservation easement no longer
constitutes a public service easement.
SECTION 3: That the City Clerk shall cause a certified copy of this
resolution to be recorded in the office of the County Recorder of San
Bernardino County, California.
PASSED, APPROVED, and ADOPTED this 3rd day of Ouly, 1985.
AYES:
NOES:
ABSENT:
on i e s, ayor
ATTEST:
Bever y A. Authe et, ity 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 3rd
day of July, 1985.
Executed this 3rd day of July, 1985 at Rancho Cucamonga, California.
Beverly A. Authelet, City Cler
EXHIBIT "A"
That portion of Lot 1, according to Subdivision of Lot 10, of Cucamonga
Vineyard Tract, in the City of Rancho Cucamonga, County of San Bernardino,
State of California, as per plat thereof recorded in Book 20 of Maps, Page 44,
records of said County described as follows:
Beginning at the Northwest terminus of that certain course described as "South
34° 22' 34" East, 289.00 feet in an assignment of easement recorded February
24, 1982 as Instrument No. 82-036290 of official records of said County;
thence South 34° 22' 34" East 264.12 feet along said course to a line drawn
parallel with and 44.00 feet (measured at right angles) West of the centerline
of Hellman Avenue (60 feet wide); thence North 0° 07' 24" West 93.91 feet
along said parallel line; thence North 23° 20' 09" West 76.95 feet; thence
North 57° 39' 13" West 80.01 feet; thence North 78° 12' 15" West 51.95 feet to
the point of beginning.
CITY OF RAVCHO CUCAbiOivGA
MEMORANDUM
GATE:
T0:
FROM:
BY:
SUBJECT:
July 3, 1985
Mayor and Members of the
Rick Gomez, City Planner
Otto Kroutil, Senior Pla
it
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The purpose of this memo is to point out an error on page 149 of your
agenda. The total number of apartment units built in the 1978-85 period
should reflect 1697 rather than 1455 units. We omitted 242 units now
approaching completion and apologize for the oversight.
In addition, you will also find supplemental materials to the previous
staff report on apartment development study submitted to you with the
agenda packet last week. The additional information is concerning the
apartments built prior to 1918, and it can be summarized below:
A total of nine (9) apartment comp sexes,
including 787 total units, were built in the
study area prior to 1918.
2. Apartment rentals for these pre-1978 built
apartments vary as follows:
Bachelor: $325
1-Bedroom: $320 - $410 per month
2-Bedroom: $490 - $500 per month
3-Bedroom: $600 - per month
3. The current vacancy rate for the pre-1918
built apartments is 0, 5% (8% for the
apartments built from 1978 to 1985, see
previous staff report).
4. The household size for the pre-1978 built
apartments range mostly from I-2 persons per
unit (1-4 persons per unit for the apartments
built from 1978 to 1985, see previous staff
report).
In addition, staff has gathered information on the three Planned
Communities, i.e. Terra Vista, Victoria, and Caryn. Development status
of the Planned Community areas is in the following Table:
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~~~„ A
ORDINANCE NO. 266-A
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA EXTENDING THE
EFFECTIVE DATE OF ORDINANCE N0. 266
PERTAINING TO INTERIM URGENCY ZONING
REGULATIONS WITH REGARD TO THE ESTAALISY.-
MENT OF ADULT BUSINESSES.
A. Recitals.
(i) On December 7, 1983, the City Council of the
City of Rancho Cucamonga adopted Title 17 of the Rancho
Cucamonga Municipal Code, also known as the Development Code
of the City of Rancho Cucamonga. As provided in Section
17.10.030(F), "Adult Businesses," as defined in Section
17.02.140 (C)(3), are businesses that are limited as only a
permitted use in the General Commercial District. Moreover,
said Section 17. 10. 030 (f) establishes certain special use
regulations pertaining to where such adult businesses could
be located within such General Cozune rcial Zone.
(ii) Subsequent to the City's adoption of the
Development Code, certain decisions of the United State Court
of Aopeals have struck down adult business regulations in
other jurisdictions and have cast doubt upon the validity of
the aforementioned special use regulations pertaining to adult
businesses within the City of Rancho Cucamonga.
(iii) On June 5, 1985, the City Council of the City
of Rancho Cucamonga adopted its Ordinance No. 2'06 prohibiting
the establishment of all Adult Businesses, as defined by Section
17.02.140(C)(3) of the Development Code of the City of Rancho
Cucamonga, in all development districts within the City so long
as such interim zoning regulations were in effect and operative.
As required by California Government Code Section 66858(a),
such Ordinance No. 266 could be effective for no longer than
forty-five (45) days following its adoption unless, after public
hearing, the City Council extends the operative effect of the
ordinance in the manner as provided in said Section 65858(a).
(i.v) This Council is concerned about the validity
of special use regulations pertaining to adul~ businesses and
finds that it is necessary to continue the i.n terim zoning previ-
sions to allow the Planning Staff and Planning Commission of
-1-
ORDINANCE NO.
Page 2
the City of Aanc ho Cucamonga time to further investigate the
issue of whether adult businesses should be permitted within
the City as well as the special use provisions which nay be
appropriate to such adult businesses.
(v) Pursuant to California Government Code Section
658581d), on June 19, 1985, the City Council was presented with
an oral s`_aff report concezning the measures taken relative to
adult businesses following the adoption of said Ordinance No.
266 and, based upon said oral report, a written report of the
City Council was prepared relative to such measures taken.
(vi) on July 3, 1985, a duly noticed public hearing
was held hefore the City Council of the City of Rancho Cucamonga
pursuant to the requirements of California Government Code
Section 66858(a) relative to whether the interim zoning regula-
tions contained in said Ordinance No. 266 should be continued.
Said public hearing was concluded prior to the adoption of this
Ordinance,
(vii) All legal prerequisites prior to the adoption
of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, IT TS HEREBY ORDAINED BY THE CITY COUNCIL
OF THE CITY OF RANCHO CUCAMONGA AS FOLLO[•7S:
SECTION 1: In all respects as set forth in the Recitals,
Part A, of this Ordinance.
SECTION 2: Based upon substantial evidence presented
to this Council Suring the above-referenced July 3, 1985 hearing,
including staff presentation, the minutes of the above-referenced
June 19, public hearing and the contents of the written report
concerning measures taken, this Council hereby specifically finds
as Follows:
a. The special use reyulations pertaining to Adult
Businesses as contained in Section 17.10.030(£) of the Rancho
Cucamonga Municipal Code have the possibility to Ge found
unconstitutional and unenforceable as currently set forth;
b. The unrestrained and unregulated yrowth of Adult
Businesses has been shown to be a detriment to the economic,
social and cultural we lfare of communities; and,
-2-
ORDINANCE NO.
Page 3
c. The approval of additional subdivisions, use permits,
variances, building permits, and any other applicable entitle-
ment for use pertaining to Adult Businesses, as currently set
forth in the Develonment Code of the City of Rancho Cucamonga,
would result in an immediate threat to public health, safety or
welfare.
SECTION 3: The following interim zoning regulations
adopted by Ordinance No. 266 are hereby extended pursuant to
the terms of this Ordinance:
a. "Adult Businesses," as defined by Section 17.02.140(C)(3)
of the Development Code of the City of Rancho Cucamonga, are
hereby prohibited uses in all development districts of the City.
b. No permit or any other applicable entitlement for
"Adult Businesses" shall hereafter be issued and no such business
shall hereafter be established in the City.
SECTION 4: This Ordinance is enacted under the authority
of California Government Code Section 65858(a) and shall be of no
further force and effect as of March 6, 1986 unless the City
Council has extended this Ordinance in the manner as provided in
said Section 65858(a).
SECTION 5: This Ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code Section 36937(b) and this Ordinance shall take effect
immediately upon its adoption.
SECTION 6: The City Clerk shall certify to the adoption
of this Ozd finance 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 Crty of Ontario, California, and circulated in the City
of Rancho Cucamonga.
PASSED and ADOPTED this day of , 1985.
-3-
ORDINANCE NO.
Page 9
I, BEVERLY A. AUTHELET, City Clerk of the City of
Rancho Cucamonga, do hereby certify that the foregoing Ordinance
was introduced at a regular meeting of the City Council of the
City of Rancho Cucamonga held on the day of
1985, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the __ day
of 1985, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST•
Beverly A. Aut e et, City Clerk
City of Rancho Cucamonga
_q_
July 3, 19as
CITY OF RANCNO CULAMONGA
CITY COUNCIL MINUTES
Re¢u lar Mee tin¢
1. CALL TO ORDER
A regular meeting of the Ci [y Council of the City of Rancho Cucamonga me[ on
Wednesday, July 3, 1985 in the Lions Park Commmity Center, 9161 Baee Line
Road. The meeting was called [o order a[ 7:35 p.m.
Present were Couacil members: Pamela J. Wri gh c, Charles J. Buquet (who arrived
a[ 7:40 p.m J , Richard M. Dahl, and Mayor Jon D. Mikels.
Also present were: City Manager, Lauren M. Nea ae rman; Ci [y Clerk, Beverly A.
Au[hele t; City Attorney, James Markman; Ae ei atant to City Manager, Robert
Rizzo; Administrative Analye t, Nark Lorimer; Community Development Director,
Jack Lam; Ci [y Pl sane r, Rick Gamer; City Engineer, Lloyd Nubbe; Finance Direc-
tor, Barry Empey; and Community Services Director, Bill Rol ley.
Aheen[: Councilman Jeffrey Ring.
Approval of Minu[ee: June 5, 1985 and June 13, 1985. (Minutes vets not ap-
proved: Councilman Buquet had not yet arrived end Councilwoman Wright would be
abstaining ei nce she had no[ been present at [he meetings. Item wee moved [o
end of the meeting, but forgotten).
x x x x x x
2. ANNOUNCEMENTS/PBESENTATIONS
2A. Wednesday, July 30, 1985, 7:00 p.m. - PLANNING COMMISSION, Liooe Park Com-
munity Center.
2H. Thar edey, July IB, 1985 - 7:30 p.m. - PARR DEVELOPMENT COMMISSION, Lions
Park Community Center.
2C. BIS TORIC PRESERVATION COMMISSION will not be meeting during July and
Augu e[.
2D. Mr. Was se zman requee [ed that an item be added to [be Consent Calendar:
3P. Summary Vacation of Unused portion of City flood control 6 water con-
servation easement et the southwesterly corner of Poothill S Reliman.
2E. Nr. Nae se rmen announced the[ [he City Pl sonar, Rick Gamec, would be leev ing
the City to accept employment in [he private ee c[or.
* * R * * *
3. CONSENT CALENDAR
Councilwoman Wright requested that Coneenc Calendar item L be removed for dis-
cussion.
Ci cy Tr assurer, Jemee Frost, requested that item E be removed Eor discussion.
Mayor Mikels requested that item K be removed for die cuasi om.
Councilman Dehl ragas aced that item M be removed for di scueei oo.
City Council Minutes
July 3, 1985
Page 2
(1) 3A. AI<oh of Beverage Application (AB 85-12) for off-sale beer S vine, Penny's
Petals, 8405 Bev en Ave., Ni cb eel P. and Penelope T. Hilon. (0409-04 ALCOHOL)
(2) 3H. Alcohol Beverage Applica [i on (AB 85-13) for oa-sale beer A vine eating
place, Cheronq'e, 9170 Haven Avenue, M[hony J. and Cheryl A. Pi orenza.
(0409-04 ALCOHOL)
3C. Approval of City-State Agreement (00054) Supplement No. 9 to ee ek bide for
[he Archibald Avenue Truok Sever end Street Cona[ructi an of 4th Street to Baee
Line Road FAU No. 08-5420. (0602-01 CONTRACT) (Q501-O1 SID)
(3) RESOLUTION N0. 85-208
A RESOLUTION OP TRe CITY COUNCIL OF TBE CITY OP RAH CRO CUCANONGA,
CAL IFOHN IA, AIITNOBIZING THE EXECUTION OF LOCAL AGENCY STATE
AGREEMENT N0. 08-5420 SUPPLEMLTiT N0. 9 ~
(4) RESOLUTION N0. 85-209
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RAH CHO CDCANONGA,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE
"CONSTRUCTION OP ARCNIBALD AVENUE OVERLAY AND TRUNK SHNER IN SAID
CITY AND AUTHORIZING PND DIRECTII7G 1HE CITY CLERA TO ADVERTISE TO
RECEIVE FOR BIDS
3D. Approval to renew maintenance contracts for:
(3) Parkway and Irrigation Main[eoeoce ritb SCLM Co. (C084-34) wr th +3S
adjua tmen[; (0602-01 CONTRACT)
(6) Street Sweeping with R.F. Dic ka oa (C084-40) with +4X adjustment; (06 U2-O1
CONTRACT)
(7) Coucre [e Repe it with J.R. Concrete (C084-08) vi th *SS adjustment (06 U2-O1
CONTRACT)
!8) Suppiementery and Emergency Repairs rith Laird Conetruc[icn (C084 -41) vetch
i2X adjustment for labor only; (0602-01 CONTRACT)
(9) Md to eolicif bide for Street Tree Maintenance Contract. (0601-01 BID)
(LC) 3H. Aceept the Ber71-Hellrn Storf Drain (23-4637-8D69) In~rwe~enb (C08M22
Rireraide Conntraction), arthoriae the Ci tp ~ineer to file • !•otice of Car
pletiw, releaae perfornaoee bond ($898.904.50) nod retention ($44,945.23), ~cd
aothori ae final papent. (item removed for di scueei on). (0602-01 BOND RELEASE)
(1170-08 FLOOD CONTROL)
(11) EESOLUTION N0. 85-210
A RESOLUTION OF TNH CITY COUNCIL OF THE CITY OP RAN CNU CU CAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC INPROVENEN TS FOB BERYL-HELLMAN
STORM DRAIN AND AUTHORIZING THE FILING OP A NOTICE OF CONPLETION
FOR 1HE NORR
(12) 3F. Ac cep[ Improvemen to from Ramon Avenue from Hase Line Noz th to the Pacific
Electric Railroad (11-4637-8102), release perf ormanre hood ($75,741.93) and re-
tention ($9,137.64), and author ire final payment (C084-074 Nileq Conetruc[i on).
(0602-01 BOND RELEASE) (1110-12 STBEET IMPROVENEN T)
(L3) RESOLUTION NO. 85-211
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF RAH CHU CIICANONUA,
CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS POR RANONA AVENUE
FROM gpSE LINE NORTH TO THE PACIFIC ELECTRIC RAILBOAD AND
AU IHORI2INC THE PILING OF A NOTICE OP COMPLETION POB THE NORK
City Couv cil Ni nut es
July 3, 1985
Page 3
3G. Ac rapt Real Property Improvement Con[rac[ and Lien Agr semen[ for Parcel Nap (IG)
8015 located vest of Beryl and south of 19th Street submitted by Noutz d Son.
(0602-01 AGREENNT LIEN/IHPROV)
RESOLUTION N0. 65-212
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OP RAN CRO CUCAHONGA~
CAL IFOBN IA, ACCEPTING AREAL PROPERTY IMPROVEMENT CONTRACT AND
LIEN AGREEMENT FROM NOUTZ d SONS FOR PARCEL NAP 8815 AND
AUINORIZING 111E MAYOR AND CITY CLEBE TO SIGN THE SANE
3R. Approval of Bonds, Agreement, avd Final Hap of Tract No. 12830 located on (15)
the vest aide of Beryl S[ree t, south of 19th Street au'"omitted by Citation (16)
Romeo. (0602-01 AGREEl07T IMPROVENEN T) (1002-09 TRACT MAP)
RESOLUTION N0. 65-213
A RESOLUTION OF THE CITY GDDNGIL OF THE CITY OP RAN CFIO CUCANONGA,
CALIFORNIA, APPROVING INPROVElD21T AGREENEN T, IHPROVElffJ]T SECIIRI-
TY, AND FINAL MAP OF TAACT NO 12830
31. Approval of Profeasi oral Servicee Agreement (COBS-067) ~tth G.P.S. Coneui [- (17)
ing Civil Engineers to perform pleas, specifics [i one, and estimates for Leman
Avenue Recovetructi on from Archibald to Nermosa with design Eor box culvert
crowing at the Alta Lama Channel. Amount oo[ to exceed $34,200.00 co be pard
f tom Article 8 HB-325 funds. (0602-01 CONTRACT)
3J. RE:.EASE OP BONDS:
Tract No. 10046 located north of Bil lei de Road be [veen Archibald Avenue and (18)
Hermosa Avenue sad Tract No. 10047 located south of Nil lei de Road be [veev
Archibald Avenue and Nermoee Avenue submitted by The Aadeu Gr vup. (0602-01
HONG RELEASE)
Faithful Performance Hond $733,000.00
Labor 6 Material Bond $366,500.00
Tract Noe 12337. 12337-1. 12237-2 located east of Nermosa Avenue vor to erly (l9)
of Nil leide Road submitted by Dick Scott, Iac. (0602-Oi BOND RELEASE)
Faithful Performance Hond $392,000.00
Labor 6 Materiel Bond $196,000.00
Tract No 9441 and 11609 located south of Wilson Avenue be tveen Archibald (20)
Avenue and Nermoee Avenue eubm it red by Criamer Development Corporation.
(0602-01 BONG RELEAS B)
Faithful Performance Bond $650,600.00
Lahar 6 Material Bond 5325,000.00
Parcel Nan 7771 located on the west aide of Raven Avenue be tveen 6th and (2L)
7th Street submitted by Santa Ani [a Dev el opmev t. (0602-01 BOND RELEASE)
Nonumen[a ti on Bond $ 1,500.00
3[. Approval to forrard Claim For [qni able Indmi[y by Saatbern Glifornia (22)
Ndiaon Company (CLBS-016) reLting to Claim by James Parrar (CL84-070) [o Carl
Warren Company for handling. Item removed for discuesi on. Bee page 12 of min-
utes. (0704-Ofi CLAIM)
3L. Set public bearing for July 17, 1985 - Appeal of tree [eswval Perot (23)
85-25. u appeal by [6e applicant of the Plauniag Diviaioa'• denial of tree
Re.vval Peru t 85-25 Eor 1Y~act 10277-2 and 10277 - [ioga [an<ho 8atate•
(Baraakiaa). Item removed for di acueei on. (0701-06 APPEAL)
City Council Minutes
July 3, 1985
Page 4
(24) 3tl. Set public hearing for Ju17 17, 1985 - Tentative Tract 12532 - Archibald
Aeaociates. Appeal 67 applicant of Planing Coariuiou's cwdi [iw of approval
for Design Yevier for Tentative irac[ 12532, a reapplica[iw for design revier
of minor •rchitec coral changes to the apprmed elevations sod adding one ner
elevation foz 102 zero lot line and 9 single Fail? lob on 14.5 acres of land
im the Lw tledia (4-8 da/ac) Diafrict, located st tlonte Vista Scree[, betreen
Arehiba ld Avenne and Yawn Avenue -API[ 202-181-05, 06, 15, 16. Item removed
for discuaeion. (0701-06 APPEAL)
(25) 3N. Set public hearing for August 7, 1985 - Appeai by Councilman Dahl of the
Planning Department's deci ai on approving a Tree Removal Permit No. BS-20 to re-
move four euca lyptue trees in the Pacer Homes Tract No. 12522 located o^ the
nor [h aide of the Southern Patifit Railroad be Crean Ar chibe ld and Ramona.
(0701-06 APPEAL)
(26) 30. Approval of the Lar Enf ozcemen[ Service Contract (C085-068)for fie cal year ~
1985-86 ri th the County of Sao Bernardino. (0602-01 CONTRACT)
(27) 3P, ADDED ITEM; Summery vacation of unused portion of Ci [y flood control and
va ter conserva[i on easement at [he sou[hresterly corner of Foothill and
Eel loran. (1110-18 VACATION STREET)
RESOLUTION N0. 85-217
A RESOLUTION OF THE CITY COUNCll OF TEE CITY OF RANCHO
CUCANONGA, CALIFOIiN IA, SUID/ARILY ORDERING 1gE VACATION OF A
PORTION OF A CITY FLOOD CONTROL AND WATER CONSERVATION EASE-
MENT
MOTION: Moved by Dahl, seconded by Wright to approve the balance of the Con-
sent Calendar (items e, k, 1, and m removed for discus ei on). Motion carried by
the follwing vote:
AYES: Wright, Nike la Dahl
NOES; None
ABSENT: Euque[ and Riog
x x x x t r
DISCUSSION OF ITEM E: Accept [he Beryl-Hellman Storm Drain (23-4637-8069) Im-
provemen[e, authorize the City Engi Weer [o file a Notice of Cwpl eti on, release
pe rformence bond ($898,904.50) and retention ($44,945.23), and authorize final
payment. (See page 5 for mo[i on and vote).
RESOLUTION N0. 85-210
A RESOLUTION OP TIIE CITY COUNCIL OF TBE CITY OF RANCNV CIICANONCA,
CALIFORNIA, ACCEPTING TBE PDBLIC INPROVFNEN TS FOR BERYL-EELLNAN
ETORM DRAiN AND AUIHORI2ING TIIE FILING OP A NOTICE OF COMPLETION
FOR THE NOR1C
City Treaeur er, Jemee Fr oat, or eeented some historical be ckgzound on the item.
This was one of the fire[ trouble ereea facing [he Ci[y of car incorporation
rhich led to several Claims egainat the City.
x x x x x x
DISCUSSION OF ITEM L: Se[ public hearing for July 17, 1985 - Appeal of Tree Re-
moval Perini[ 85-25. M appeal by the eppl ice nt of the Planning Div ieion's de-
nial of Tree Removal Permit 85-25 for Tzac[ 10277-2 end 10277 - Ri nge Rancho
Estates (Barmakien).
Mayor Mike le expr ee eed thac [he public hearing dace be chwged to August 7th
eioce [ro members of the Council rould na[ be pr scent, and they rould ltke
input on this item. (See page 5 For motion and vote).
Ci [y Council Minutes
July 3, 19B5
Page 5
x x x x x x
DISCUSSION OF ITEM N: Councilman Dehl wasted [he public hearing ee[ for August
7th on [hie item also. (See moti oo end vote below).
x x x x x x
DISCUSSION OF ITEM R: Will be di ecuesed in Cloe ed Seaei on.
x x x x x x
NOTION: Moved by Dahl, eecosded by Wright Co appr we Cones n[ Calendar items E,
L, and N with Item R to be di etas eed in Cl need Seeeion. Mo[i on carried by [he
follwing vote:
AYES: Hright, Hike ls, Dahl
NOES: None
ABSENT: Buquet and King
x x x x x x
4. ADVERTISED PUBLIC HEARINGS
4A. APPEAL OF THE ADJACENT PROPERTY 0{VNERS ON TBOROOGHBRED STREET OP TBE PLAN- (28)
NING COMMISSION'S DECISION APPROVING TENTATIVE TRACT 10349 - PLAZA BUILDERS. A
total residential development on 33.2 oat acr ea of land in [he Very Lw Resi-
dential Di strict (1-2 du/ac), located vest of Sepphtre S[ree[, south of Jennet
S[r ee[ - APN 1043-121-3, 1062-161-1 and 1062-011-3. Item continued from May 1,
1985. (0701-06 APPEAL)
Neyor Mi ke le seated Chat the Ad Hoc Committee of the Council vhrch had been
formed to rev iev this had meta couple of cimee and discussed the ounce me of
Che adjacent property owns rs. The applicant, Plaza Builders, has ales met with
the Ad Hoc Committee and vent over the list of items which had been identified
ee concerns and to a large degree moat of [he differences have been ree olved.
There are same remaining issues, end those are: pitch of the roofs oo [he one
story units, laude ce ping prw iei one, and a separate issue by the developer to
increase the number of lots by reducing the aqua re footage from 22500 to 20000
vhich will alive approaime Cely four more lots [o the project.
Scoff recommended, if Council concurs vi tb the reeolutione of these iee ue e,
chat the appl icent agree to a continuance of she item [o a specific tame (under
the requirements of the Sce to law and the tentative map) when he can preps re
chase drawings for Council's revt ev. Thirty days has been recommended.
xxxxx
Councilman Buquet arrived - 7:45 p.m.)
xxxxxx
Mayor Mike la opened [he meeting for public hearing. Addressing Council were:
Kathryn Br anman, attorney in She lev office of David Sheffer rapt ese ^ti ng
[he homeowners of Thoroughbred, asked if it would be poesi ble for there to
be an in [erim period of pe rhape two weeks during vhich [he Ad Hoc Committee
could review the developer's recommends [i one?
Mayor Mi ke le ae ked Mr. Marquardt if Chia would be poesi bl e. It wee ree ooved
that they could eat the continuance to August 7th, and if [he request had not
been accomplished [hen it could be continued Co the 21st of Augue[. Me.
Brenman stated eh ey would be agreeable to the t.
Me. Bramsan eta tad [he other ise ue wee regarding the Env iro®eneal Impact
Report (in her letter dated May 31, 1985 on behalf of the app=;lent). Th ie
has not been addressed. They van[ to know if Chia will be addressed, and
if eo, will it be a eubj act on the Agenda et the August 7th meeting?
City Council Minutes
July 3, 1985
Page 6
City ACtorney stated there is an EIR and there are poi me on i[ ChaC are ov the
record. He hoe talked vi[h Ms. Bracman before, and what she is gorng to have
[o see ie the mi[i ga tion measures [heC come back as part of the pe ckage for ap-
proval.
City Planner, Rick Gomez, ate tad that an ini [i el study vas prepared and a nega-
tive de clera ti on vas issued by the Planning Comm is ei on rhtch hoe been stayed.
A Notice of Determine ti on will not be filed until [he appeal process is com-
pleted.
Mayor Nike is eta red [ha[ when the appeal hoe concluded they the negative decla-
ration will be pare of the findings of the Council when [he tents Live tract map
is filed. A[ [hat time, she can voice any further obj actions in [he initial
env ironmentel eeudy. If Council feels they are appropriate, then they can ask
for an EIA on the al[erne rive.
John Hazelrigg, 6079 Thoroughbred, stated [hey rare concerned about the
roof pi[cbee on [he one story el eva [ions. The Ad 8oc Committee, of which
he vas a member, negotiated with [he developer vs [h him offering a 3,300
square foot home and retaining [he 2,000 square foot home ri [h a etrpula-
[ion Chat [hie home be enhanced in appearance to ct ea to the illuei on of at
least a bigger home and fit in rith the surrounding neighborhood. They
feel chat [he increase roof elevation pitch is very important [o [he ap-
pearance of [his tract along with [he o£t setting of the garages partially
to the side to create a eider eleven on in [he front. If these be ttermen[s
are made to the 2,000 square foot home, they could live with it.
Tim Marquardt, Plaza Builders, 3187 Airvey Avenue, Costa Meea, had nothing
[o add, but did state for the record that i[ vas acceptable to him [o [he
continuance to August 7, 1985.
There being no fur [her public response, Mayor Mike is closed Che public hearing.
Council covei dared each issue individually ee follwe:
1. Pitch of Roof. Mayor Mikela recommended the[ Council epprwe the 7/12
pitch on [he single story unite. Council concurred with [he retammendation.
2. Landecaoing. Developer pr opoeed offering 52,000 front yard lends taping
allwence co be installed vi th in a fixed period of time versus the Ad Hoc
Commit to e'e recommendation of prw iding lends taping services [o the homewners
by the developer.
Mayor Mikele said [he issue vas hw to get the front yards lands taped.
Councilman Dahl expr eased concern with the $2,000 sllwavice; someone might keep
a por [ion of [he money for himself. There needs to be en assurance the money
will be spend for Chet purpose.
Manor Mikeis eta fed that one thing discussed vas to require the irrigation eye-
tem to be [he Eiret eapendi CUre of tboee moni ea. No[ discussed at the Ad Moc
Committee, he wondered if perhaps this could be keyed to en occupancy Permit to
require that the landecapi ng be completed.
Jack Lem, Commuvi ty Development Director, eta red the[ the unit cannot be
occupied unl see it ie cleared for occupancy. After all [he inspecti one are
done, it ie ai gned off that ie ie cleared For occupancy. Under th to sugge~-
tion, you would be requee ti ng that the landscaping be installed prtor to
occupancy.
Councilmen Buquet Eelt this would be a problem because when [he clearance ie
given for occupancy, at [het Lime the utilities tan be turned on. A person
would haves problem maintaining the lends cepi ng until eu ch time same one moves
into [he house.
City Council Minutes
July 3, 198)
Page 7
Johr Nazelrigg elated [hey were not ae concerned about the landscaping not
ge tt_ng put in, but that it be done by one contr actor so there would be
comps ti bilicy.
Councilwomen Nrigh[ ezprea eed it heed to believe Ghat Rancho Cucamonga has nev-
er had a developer [ha[ prw ided landscaping ae par[ of the homes for Bale and
[hat any other City has vot had a developer offer front yard lauds ca pi ng ae
part of the buying of the home. If that is the case, then she does not under-
stand the problem of being able to work out some[h ing [his developer could of-
fer Chia without having pr obleme of maintenance be [wean the time the home is
sold and [he people move in.
Mayor Nikels responded [hat in Chia case [here vas the distinc[i on of haw tng e
cookie tutfer uniformity to the landscaping and van ti ng some variety and
diversity in the landscaping, but not wanting aemeth ing too far out that i[
would be incompatible. The Ad Noc Committee felt it 6e et to have it done by
one firm in order [o have the uniformity ne<ee vary.
Nike Vairiv, Deer Creek Company, 8480 Utica Avenue, Honcho Cucamonga, stat-
ed they had been dealing with landscaping with [hetr homes for quite same
time. The Deer Creek Pzoj act hoe a Very etz ong Hame wnere Associa[i on.
They still have a difficult time, and are prase n[ly in litigation with come
who have still not put in [heir lands co ping within the given pertod of
time. Even vi th such a strong Aasocia ti on, it does no[ guarantee [ha[ the
homes will be lands taped within the period of time. He diaagr eed with [he
ph iloeaphy of Council [o require front yard lands taping [o be giv with. He
felt it takes away the individuality of the homeowner [o do what he wants
Co do. They offer frvn[ yard landscaping and have ergs rienced some serious
pr obiems with it, They put in [he lends capi ng, [he homewner lets i[ die
because they don't like ic; they want to do their wn Ching.
Mr. Ron Dlugi, 6611 Bandola, expressed concern about the precedent this
will ee e.
There being no further public roe pones, Mayor Nikela tloeed the public hearing.
Mayor Mike le recommended approval of [he $2,000 allwance for lands rapi ng be
accepted by Council end require that the home wnere be given a rase oneb le peri-
od of time [o utilize the allwance for lands taping with the irrige ti on system
to be a part of that expenditure or the money will be lost.
Council di ecueeed what would be a reeeomble period of time. Tim Marquardt
stated you moat give people time to get their drapes, etc. Mayor Mikels
eugges tad a ninety day period.
Jim Barton, Barton Development, stated [he[ lends caging vas a seasonal
thing. Setting a time limit was very limiting in what you ten do.
John, a gentleman from the audience, eta tad the intent wee to make sure
[hat the home wnere were pleased vi [h Che fiml product. IC ie ee esonal,
but its ^ot that seasonal. Be had hie front yard put in in November,
December, and Januezy.
Mayor Mike la suggested [ha[ a person be given 120 days [o utilize the $2,000
allwance From the developer and that the mtnimum requirement be 80S sod, 20S
ground cover, and 25S 5-gallon trees evd ehrube.
MOTION: Moved by Dahl, eecovded by Nrigh[ to approve the follwing findi nge:
a. A homewner be given 120 days [o utilize the $2,000 allwance from the
developer Eor front yard landscaping; and
b. Developer offer a contr et[or t0 do work withi^ 120 days from close of
ee cr w; and
c. Nork include 80S sod, 20S gr ound cover, and 25I 5-gallon trees end
ehrube; and
City Council Minutes
July 3, 1985
Page 8
d. If offer no[ take v, [hen homewner would lose Che money.
Motion carried by [he following vote:
AYES; Wright, Dehl, Mike is
NOES: Buquet
ABSENT: King
.xxxxx
Mayor Mi kels called a race sa et 8:45 p.m. The mee [i ng reconvened at 9:15 p.m.
with all Councilmembers but Councilman King present.
xxxxx
3. Considers ti on of increase in number of lots [0 57.
Mayor Mikele opened the meeting for public hearing. Addressing Council were: ~
John Mazeingg eta [ed the only issue was that same of [he larger homes
would not ei[ on the lot size, and they mtght have a greater number of the
smaller homes. They would want an equal distribution of all the home
sizes. Mayor Mikele ste [ed they were looking for a comps [r 61e distribution
instead of an equal dis[ributi on.
Larry alias, Plaza Builders, ate tad the money was iv the larger homes so
they would wan[ to sell ae many of the larger homes as possible.
There being na Further public response, Mayor Mikele cl oeed the public hearing.
NOTION: Moved by Dahl, seconded by Buquet to recognize [he increase of the
number of homes to 57 ae a Condition of Approval and direct staff to place [he
appr opzia[e sized home on the appropriate lot size with a minimum lot size of
20,000 square feet, and bring beck for epprwal prt or to final map. Ho[r on
carried 4-0-1 (Ring absent).
x x x x x x
(Z9) 4B. EN VIHONMENTAL A358SSMENT AND DEVELOPMENT DISTRICTS AMENDMENT 85.06 - CITY
OP RANCHO COCAMONGA. M amendment to the Development Districts Map from
Lw-Medium Reeidenti el (4-8 du /ac) end Lw Residential (2-4 du /ac) to Very Lw
Reai de nti el (less than 2 du /ac) oa T0.2 scree of land located on the eout6 aide
of Wi le on, between Haven avd Mayberry, and to include [hose parcels fronting on
[he vest ei de of Mayberry - AFN 201-181-7-10, 59-60, 80-85. Preee rated by Hick
Gomez, City Planner. (0203-OS DEVELOP DISTH ICT)
Mayor Nikels opened the meeting for public hearing. There being no res posse,
the public hearing was cl oeed.
City Clerk Authe let read [he ci tle of Ordinance No. 267.
OBDINAN CE N0. 267 (second reading)
AN ORDINANCE OF TfIE Cl TY COUNCIL OF TBE CITY OF BAN CIIO CUCAMONCA,
CALIFORNIA, RBZON Il1G ASSESSOR'S PARCEL NUMBER 201-181-7-10,
59-60, AND 80-85, LOCATED ON THE SOUTH SIDE OP NIL SON, BE11iE@7
EAVEN AND NAYBERBY AND IN CLL'DINC THOSE PARCELS PROM TII(G ON 111E
WEST SIDP OF NAYBERBY PROM LOU MEOIUH BES IDENTIAL (4-8 DU/AC) AND
LOW RESIDENTIAL (2-4 DU/AC) TO VERY LOW RESIDENTIAL (LESS THAN 2
DU/AC)
NOTION; Roved by Oahl, seconded by Buquet to waive full reading of Ordinance
No. 267. Hoti on carried 4-0-1 (Riog absent).
MOTION: Moved by De hl, seconded by Mikels [o appr we Or dinence No. 267. Mo-
[ivn carried 4-0-I (Ring absent).
x • * x x x
City Council Minutes
July 3, 1985
Page 9
4C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85 02 - (30)
ROOYMAN. A Development Dr s[r u[ AmendmenC from Medium Reeidenti al (B-14 du/ac)
to Low Medium Re vi dev[i al (4-8 du /ac) for 9.75 acres of land lcca tad at the
nor tb east corner of Archibald Avenue and Highland P.vevue - ARi 201-252-23, 25,
28, Report pr see nted by Rick Gomez, Ci[y Pl anver. (0203-OS DEVELOP DIS TRI GI')
Mayor Mikela opened [he meeting for public heari vg. There being no res povse,
the public hearing was closed.
Ci [y Clerk AuChele[ read Che title of Or di nonce No. 268.
OADINAN CE NO. 268 (second reeding)
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OP RAH CRO CUCAMONGA,
CALIFORNIA, HEZON ING ASSESSOR'S PARCEL NUMBER 201-252-23, 25, 26
LOCATED ON TEE NORTHEAST CORNER OP ARCM IHALD AVENUE AND NIGNLAND
AV@IOE PROM MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOW H.:D1L'M RESIN
DEN TIAL (4-8 DU/AC)
MOTION: Moved by Huque[, seconded by Wright to warve full reading of Ordinance
No. 268. Notion carried 4-0-1 (Ring absent).
MOTION: Moved by Hi kola, seconded by Buquet [o approve Ordi Dance No. 268. Mo-
tion carried 4-0-1 (Ring absent).
x x x x x x
4D. INTERIM ZONING ORDINANCE PERTAINING TO TILE ESTABLISHMENT OF MULT BUSINESS- (31)
ES. Report by Sim Markman, City Attorney. (0203-03 ADULT BUSINESS)
Mr. Markman eta tad that Chia ie [he time [o extend the 45 day freeze on adult
type uses [o March 6, 1985 for study purposes.
Mayor Mi ke le opened the meeting for public hearing. There being no roe pon se,
the public hearing wee cl Deed.
City Clerk Au[helet reed the title of Ordinance No. 266-A.
ORDINANCE N0. 266-A (urgency measure)
AH ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RAN 0110 CUCANONCA,
CALIFORNIA, ERTENDING THE EFFECTIVE DATB UP ORDINANCE N0. 266
PERTAINING TO INTERIM URGENCY ZONING BEGULATIONS WITH RPGARD TO
THE ESTABLISHMENT OP ADULT BUSINESSES.
MOTION: Moved by Wright, seconded by Dahl to waive full reading of Ordinance
No. 266-A. Mo[i on carried 4-0-1 (Ring absene).
NOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 2fi6-A. Mo-
tiov carried 4-0-1 (Ring absent).
x x x x x x
Council considered items 4E, 4P, and 4G together ae one item.
4E. ORDERING T8E WORR IN CONNECTION WITH ANNERATION N0. 9 FOR TRACT NOS (32)
$. Staff report by Leur ea Wesee rmen, City
MAINT DIB T)
RESOLUTION N0. 85-214
A RESOLUTION OF THE CI T:' COUNCIL OF THE CITY OP RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNERATION N0. 9
TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 AND ACCEPTING TIIE
ENGINEER'S REPORT FOR TRACT NOS, 12888 AND 12028 THRUUGR 12031
Ci [y Council Minutes
3uly 3, 1985
Page 10
(3J) 4F.
1.
RESOLUTION N0. 85-215
A RESOLOTION OF THE CITY COUNCIL OF T11E CITY OF RAN CdO CU CAMONGA,
CALIFORNIA, ORDERD7G TdE WORK IN CONNECTION WITH ANNEXATION N0.
11 TO STREET LIGHTING MAINTENANCE DISTRICT NU. 1 AND ACCEPTING
THE FINAL ENGINEER'S REPORT FOR TBACT NOS. 12588 AND 12028
THROUGd 12031
(3+) G.
HAINT
RESOLUTION N0. 85-216
A RESOLUTION OF THE CITY COUNCLL OF TdE CITY OF RAH CNO CIICAMONGA,
CALIFORNIA, ORDERING 1TIE WORK IN CONNECTION WITH ANNEXATION N0.
24 TO LANDSCAPE MAIN TENANCE DISTRICT R0. 1 AND ACCEPTING TEE FI-
NAL ENGINEER'S REPORT FOR TRACT NOS. 12588 AND 12028 TdROUGe
12031
Mayor Mi kale opened the meeting for public hearing. Tbere be tng no response,
the public hearing vee closed.
HO TION: Moved by Mikels, seconded by Buque[ to approve Re eoluti on Noe. 85-214,
85-215, and 85-216. Motion carried 4-0-1 (Ring abeent).
x ~ + ~ x
5. NON-ADVERTISED BEARINGS
No items submitted.
+ t t t ~ +
6.~ CITY HANAGEH'S STAPF EEPOBTS
(35) 6A, STATUS REPORT ON APARTMENT DEVELOPMENT, The Ci [y Council will review ex-
isting and proposed apartment proj acts in the western portion of the City in
order to discuss future direction relative to apartment development. Staff re-
port by Rick Gomez, City Pl enoer, and Otto Rroutil, Senior Planner. (0203-03
PLANNING)
Mayor Mi kale opened [he mee[i ng for public input. Addr easing Council vas
Jim Barton, Barton Development, expreeeed chat [he last trme th re vas dis-
cussed, Council vee mnai de ring a morator tum. de felt [hie vas proceeding
in [he ri gh[ direction.
Councilman Dahl eta [ed he had no intention of eeeki ng s mor a[onvm this evening
or at anytime.
Mayor Mikels e[e tad the da la wh uh ie clear [ha[ io [he current economtc envr-
ro~ent that ve have a conei de reble amount of spar [went uses befog built. The
issue of percentage of lend allocated to multi-£am tly rental atructurea com-
pared to other reeidenti al lend uses is one item whcch remetne fixed, and what
ve are experiencing is the open e[ion of the market. dwever, that ie tempered
by the fact Chet apartment unite were not built a[ all in 19tl1 and 1982. Mar-
ket for cee end other for cee at work cr ea [i og no unite, and seemingly oppoei ce
for cee are at work in thra period of time, de felt the action taken by Council
about a month ego of belw market financing vas appr wed for spar [manta, Ne
felt this stimule tee and induces ewe development. de voted against it at [het
time. de felt that if one eubLracted out the number of
City Council Minutes
.luly 3, 1985
Page 11
units which have been assisted in terms of financing or 6y Section 8, [he total
number of units built since 1983 is only a little over 400, We do not knw if
these unite would have been built without [he finaoci al aaeietance. 8wever,
he felt it vas a strong indica [i on that this vas true. Be recommended [hat
Council rescind the approval of the agreement with [he Council co participate
in [he multi-faintly mortgage bond program. Me felt th ie wen one way of con-
trolling [his by [eking Council's intervention into the market away and let
pure market forces operate.
Councilmen Dahl ate tad ve still have CHAFFA to conei de z. llnder the CFIAFFA
f inan<i ng program, the City of Rancho Cucamonga would have no say. Apartment
developers can go [o the State, and i£ [hey meet the ape cif is regal zements,
they can be funded and build. Ne vas also concerned about the report by
staff. What staff did not state i^ the report vas ChaC nearly 1,104 (or
one-half) of [he total units were filed in 1985. We have not ye[ seen [he se
being built. Within [he last six months we Gave received almost ae many
apartment unit approvals ae in the pr w roue eev en years.
Councilmen Dahl Fuz th er stated that he did not have a problem with apartments
in the Planning Communities. Mayor Mikele asked if be vas concerned with where
it vas visible or on the wera117
Councilmen Buquet felt ve should be careful. These proper ti ee eat vacant for a
long time because it wee ^o[ a market need and vas a saleable product at the
cline. Nw i[ presently ie. One thing whtch should be dealt with is the zoning
designs ti one. We still have the 10 to 24 unit designs ti on ei[[t ng on the map.
What would help allw late concerns would be when Council can focus in more
clearly exactly and ape cif ical ly what denai ty ranges will be allwed on these
specific parcels. We need to [eke the higher end densi [y ranges end refine
them and focus [hem so there would not be the intense desire for a developer [o
come in and max the [h ing out.
Mayor Mikele opened [he mee [i ng for public input. Addr easing Council vas
John Melcher, Levis Momee, stated their company is heavtly committed to the
development of aper [manta is Rancho Cucamonga. Felt it was a natural re-
sponse to the sudden realization of swathing going on whtch when it vas
approved on paper, i[ didn't present the full impnet. Council has addre~s-
ed four ways to handle the ei tun ti on: a mor rfarium, some system of gz wth
mane games[, reeci nd previous apprwals for bond ftnancing, and co direct
the whole matter to staff to determine vhe [her it ie a problem at alt or
whether in fact it ie just an oc curzeace that in time will eventually fit
into the community ae planned. They strongly requested [ha[ Council aban-
don conei deration of that alternative ei oce [hey have two proj acts included
in th ie. at least insofar ae i[ ref lecta on Terra Vista.
Councilman Buquet expr eased that "affordable houei ng" ie be comtng a new buzz
word. Ne finds it amazing when one cal ka about affordable rental housing io
the range of $490 to $600 per month. Felt this was of [eo overlooked in keeping
chie within a wage that the average median income can afford. This ie not e
subsidized housing. This ie eomethtng which should be cleat ed up.
Councilwoman Wright felt that the point vas not what the General Plen looks
like oa paper, but what ve see heppe Wing a[ [he pr eeenG time. We ^w have more
spa r[menta developing aad it appears that ve have an aper [men[ glut. Reel dente
are concerned [het [hie ie going fo be a city of apartments. She felt that
families will see [he City es a place for spar [manta, no[ a faintly home commu-
nity. She does not vao[ to hand chie to staff and have them dream up what
Council wants and come back with another report. She vented somethtng done,
but vented it to 6e serious aad sot a political mwe. Clear di rec [i one should
be given [o staff es to what Council rents to do.
Mayor Mikele responded [h a[ he did not feel ready to give explicit direction to
the etef f.
Ci [y Council Minutes
July 3, 1985
Page 12
Caunci lvoman Bright asked the City Attorney what legal parameters [he Council
had regarding a grwth management pl a¢ for aper [manta. Jim Markman ree ponded
the[ [he general legal pa ramecere ov reeideati al gr w th management control
allwe a certain number of unite per year to be 6ui1[ on a first come, firs[
se ryed basis; whether a car [sin type of houei ng is av ope¢ qua etl on. It hoe to
be ba eed o¢ some public eaf sty and welfare tri[erie. Normally speaking, ci Ciao
who have tried [o apply gr wth manageme¢[ plane do no because chey are running
out of capacity each as sewerage, fire press are capacity eo they dole out the
right to develop housing for a pe ziod of time. Hwever, even this ie under at-
tack.
Councilwoman Bright eta tad ba eed ov [hat answer that unl ese Council can come up
vich came gzw[6 safety cape ci [y issue, then that alternative is out. Couvcil
should consider vhe they i[ would like to take another approach.
Mayor Nike le stated there are only certain ways to eppr ouch the problem. That
al to r¢a five may not be entirely out. Be are not prepared to take any action
tonight, other [h an to direct staff to come back vi th some al [erne fives whtch
are available to Couvcil.
Councilwoman Bright stated she vented staff [o bring back a way we can achieve
a be laced gr w[h be ireev single family unite end spar [manta irc lading condo-
minium and twnh ~~~es; includi ¢g [he planned communi [i ee.
Councilman Dahl eta tad he agreed, but the strongest concern is the southwest
section of the City. Hut [he north central portion is also being impacted.
Those areas have [o be looked et.
Councilwoman Nright also requested [hat [he Heport ahw Council 6w to keep the
balance a[ a 10-1 ratio ae she heard wee part o£ the General Plan.
Councilman Dahl pr opoaed [hat staff return with a balanced management recommen-
dation at the fire[ meeting in Augue[.
Council concurred they all wanted the same [hcng, but were pe rceiv rng the prob-
lem from different angles.
Mayor Ni kale eta [ed he hee pr opoeed four different ways to approach the prob-
lem: zoning the General Ylea, management plan, development code amendments, or
the market. And [here ere probably several other ways to solve the problem.
tle felt ate ti vg '3alan cad grwth" vas lacking apecif is direction. This ie a
political concern, no[ a pl avni ng concern. Ne suggested ae en initial step
Council should stop Che inducement of spar tment building while we are Calking
abcut ways co control.
MOTION: Moved by Mikele, seconded by Bright far ecmeone who voted with the ma-
jority [o make a mo[i o¢ to ree ci nd the egr semen[ vi [h the County vn
multi-f em ily mortgage bond financing. Notion carried 4-0-1 (King absent).
MOTION: Moved by Buque [, seconded by Dahl [o directed staff Co pr spare ivfor-
ma[io^ ragas aced [o give coveide zati on to ree ci nd the joint coupe re rive agree-
ment with the Couv [y of Sen Bernardino for the multi-family mortgage revenue
financing; if ve caw legs lly do any [h ing and all backup data ve ceeeary as to
the impact if [hat ecti on is Ceken by Cvuacil. Motion carried 4-0-1 (Ring ab-
eaU .
Mayor Ni ke le eta cad [hat in eddi ti on to the items i¢numerated by Council, if
staff is aware of, then [hey would rent them included,
Jack Lam stated in dealing with the aper [went use there are two areas: land
use - ie it too much, it is enough, etc.; and issue of rate of gr wth. Dose
balanced gz wth deal with the rate of grw th rather [hen the laud uee2 Mayor
Mi ke is ree ponded that lend use and rate of gr w[h were nro opti one identified
as ways to get et the problem. Zoning end general plan is one area. Grw to
management plan to manage [he gr wth ie the second area. This deals vi th both
areas land use and rate of gr w th.
City Council Minutes
July 3, 1985
Page 13
Nz. Lam eta led staff could bri vg back information on how many of all [ne num-
bers have been built or under conetruc[i on with result of mortgage bontle eo
Council will know their impact vn the rate of growth. Staff <an summarize the
issue of remaining land use into these ca [egorrea, and bring beck a summary of
legal founds ti ova [o do a management of the gzw [h. Council elated they did
not want to limit staff at all.
Mr. Lam asked Council wished [he planned communi [i ee [o be included in the ana-
lysiaT Council eta led [hey would have [o; an apex tmen[ ie an apartment.
Councilman Buquet stated be would like to include the impact of the inducement
resoluti one which Council takes for the multi-famrly housing.
Councilman Dahl stated he would like th ie to come hack as soon ae possible.
• x + ~ ~
oB. ADVISORY C0I81ISSION'S HECOlBfENDATIONS REGARDING CAMPAIGN FINANCING FOR CITY (36)
ELECTIONS. Item continued from June 19, 1985 meeti vg. (0702-00 ELECTION)
MOTION: Moved by Buque[, seconded by Dahl to receive aad file [he report. Mo-
tion carried by the follwing vote:
AYES: Buque t, Mikels, Dahl
NOES: Wright
ABSENT: Ring
(Caunc ilwoman Wright commented that she wanted to dis r.uee Chts and wanted i[
sent to the City Attorney for preparation of en ordinance. She felt i[ was put
off long enough).
• • + ~ f
CONSIDERATION OF ITEM 3R: Approval to forvard Claim for Equitable Indemnity by
Southern California Edison Company (CL85-O16) relating to Claim by Jamee Farrar
(CL84-030) [o Carl Warren Company foz handling.
MOTION: Moved by Nikels, ce conded by Dehl to eppr we item 3R. Motion carried
4-0-1 (Ring absent).
• s w ~ w ~
7. COUNCIL BUSINESS
No items submitted.
• ~
N. ADJOURNMENT
MOTION: Moved by Dahl, seconded by Wr ighc to adjourn to Closed Seeei on [o dis-
tuea pending litigation, not to recowene th ie evening. Notion cazried 4-0-1
(Ring absent). The mee ti og adjourned at 11:00 midnight.
Reepe ctfully submitted,
Bev.~thel e~
City Clerk
Approved: August 7, 1985