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CITY OF
RAr%UiO Clr- ANiONCA
CITY COUNCIL
AGENEA
Lions Park Community Center
9161 Base Line Road
Rancho Cucamonga, California
December 7, 1983 - 7:30 p.m.
Regular Meeting
All items submitted for the City Council Agenda must be in writing. The deadline
for submitting them items is 5:00 p.m. on the Wednesday prior to the meeting. The
City Clerk'a Office receives all much items.
• 1. CALL TO OROER
A. Pledge of Allegiance to Flag.
B. Roll Call: Buquet -�,_, Dahl < , Frost 1
Schlosser _L , and Mikels
C. Approval of Minutes: None submitted.
2. ANNOUNCEMffS
a. Wednesday, December 14, 1983, 7:00 p.m. - PLANNING COMMISSION
MEETING, Lions Park Community Center.
b. Thursday, December 15, 1983, 7:15 p.m. - PANIC ADVISORY
COMMITTEE MEETING, Lions Park Community Center.
3. CONSENT CALBNDAR
The following Consent Calendar its= are expected to he routine
aad non - controversial. They will be acted upon by the Council at
one time without discussion.
0
City Council Agenda -2- December 7, 1983
a. Approval of Warrants, Registers No. 83 -11 -30 and 83-12 -07, and I
Payroll ending 11 -13 -83 in the total amount of $374,749.95.
b. Forward Claim against the City by C. P. Construction to the t
City Attorney and Insurance Carrier for handling.
c. Forward Claim against the City by Southern California Gas 9
Company to the City Attorney and Insurance Carrier for
handling.
d.
Forward Claim against the City by Betty Lou Webb to the City
13
Attorney and Insurance Carrier for handling.
e.
Forward Claim against the City by Ray Royster and Ray Royster,
21
Jr. to the City Attorney and insurance carrier for handling.
f.
Forward Claim against the City by S. A. Kennedy to the City
23
Attorney and insurance carrier for handling.
g.
Forward Claim against the City by Morris V. Parinella to the
27
City Attorney and insurance carrier for handling.
h.
Forward Claim against the City by the County of San Bernardino
32
•
to the City Attorney and insurance carrier for handling.
I.
Clarify Designation of City Reserves. For purposes of
34
clarification it is necessary to designate reserves which is a
requirement under Proposition XIIIB. Recommend Insurance Fund
fund balance be transferred to General Fund Reserves and
Insurance Fund be closed. Also recommend $889,938 of
undesignated Reserves be designated as part of Reserves for
Changes in Economic Condition.
J.
Approve consulting firms of Fieldman, Rolapp A Associates,
36
bond consultant; Willdan Associates, Bond Engineer; and Best,
Best and Krieger, Bond Counsel for Feasibility Study for
Mello -Roos Community Facilities Act Implementation with
relation to park development. This feasibility study will
present the various application alternatives for implementa-
tion of this Act in Rancho Cucamonga as it relates to park
development.
J�
k.
Approval of Improvement Extension Agreement for Tract No.
53
11350 submitted by Lowy Development and located on the
$'�
northwest corner of Hermosa Avenue and Base Line Road.
RESOLUTION NO. 83-198
56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR
TRACT 11350.
LLI
1.
Approval of Agreement with Telecommunications Management
Corporation
a
57
for Cable Television Consultant Services.
•
City Council Agenda -3- December 7, 1983
m. Approval of agreements with Santa Fe Railway Company and Daon 71
Corp. for the construction of a city street across a railroad
spur in the Rancho Cucamonga Business Park.
n. Approval of the Environmental Assessment Initial Study for the 77
proposed Church Street Reconstruction Improvements. It is
recommended that Council approve the attached resolution
approving the Environmental Assessment and issuance of a
Negative Declaration for the proposed Church Street
Reconstruction Improvements.
BESOLUTION NO. 83-199 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE
OF A NEGATIVE DECLARATION FOR THE PROPOSED CHURCH
STREET RECONSTRUCTION IMPROVEMENTS.
o. Approve Intent to Annex Tracts 12305 and 12077 -1 as Annexation 91
No. 16 to Landscape Maintenance District No. 1.
RESOLUTION NO. 83 -200 9
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY
APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION
N0. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1.
RESOLUTION NO. 83 -201 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS
INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT
DISTRICT: DESIGNATING SAID ANNEXATION AS
ANNEXATION N0, 16 TO LANDSCAPE MAINTENANCE DISTRICT
NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO (TRACTS 12305 AND 12077 -1).
p. Base Line Road Sidewalk Improvement Award of Contract. Accept 100
hid proposal and award contract to Tri City Construction, the
lowest bidder at $55,301.27.
q. Acceptance of Vineyard Avenue Improvement Project FAU M /MR- 103
R194(2) - Red Hill Construction. Approve final expendibmes
for Vineyard Avenue FAU Improvement Project. Authorize City
.4p Engineer to file Notice of Completion (Red Hill Construction);
authorize the Finance Director to release retained funds due
Red Hill Construction to Red Hill Construction's surety,
United States Fidelity and Guaranty Company.
City Council Agenda -4- December 7, 1983
RESOLUTION NO. 83 -202 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR VINEYARD AVENUE IMPROVEMENT
PROJECT FAU M/MR- R194(2) AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK.
r. Release of Bond - Minor Subdivision 77 -0517 - located on 107
Vivienda Street west of Haven Avenue, owner Insurance Company
of the West.
Faithful Performance Bond (Road) $11,660.00
Release of Bond - Tract No. 9638 - located North of Lemon
Avenue and Nest of Archibald Avenue, owner Crismar Development
Corporation.
Accept: Maintenance Bond (Road) $8,450.00
Release: Faithful Performance Bond
(Road) $169,000.00
s. Acceptance of two replacement improvement agreements and 110
• release of one improvement agreement for CUP 82 -01 (Pic- N -Sav)
to guarantee construction of certain minor public improvements
along 4th Street and 7th Street west of Etiwanda Avenue. Also
acceptance of a Real Property Improvement Contract and Lien
Agreement for construction of a median island along 4th Street
and acceptance of a maintenance guarantee bond for 7th Street.
RESOLUTION NO. 83 -203 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 82 -01
• RESOLUTION NO. 83 -204 112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL
PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT
FROM ETIWANDA INVESTMENT COMPANY FOR CUP 82 -01 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME
t. Set public hearing - January 4, 1984 - Appeal of Planning 121
Commission decision ZOD 83 -03 - ALTA LOMA FEED AND GRAIN. A
request to determine if a feed store facility is appropriate
in the VL District of Etiwands.
City Council Agenda -5- December 7, 1983
.a
4. ADVERTISED PUBLIC HEARINGS
A. RANCHO CUCAMONGA NEIG®0RHLIDD CBNTBR - MANSION PROJECT, 122
ENVINO!®TAL ASSESSMENT AND SITE PLAN REVIEW. Environmental
assessment of a 3600 sq. ft. addition to the Rancho Cucamonga
Neighborhood Center and review of site plan. Staff finds that
the proposed Droject could not have a significant effect on
the environment, and recommends a Negative Declaration be
issued. Staff report by Bill Holley, Community Services
Director.
B. PROPOSHD DEVELGPINDIT AGREEMENT - PD 83-01 - CALMiRN. An 143
agreement to allow construction of 233 senior citizen
apartment units located northwest of Base Line Road and
Archibald Avenue, south of the Southern Pacific railroad
tracks. Staff report by Rick Gomez, City Planner.
RESOLUTION NO. 83 -205 167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO
• CUCAMONGA, CALIFORNIA AND CALMARR DEVELOPMENT
CORPORATION REGARDING PD 83 -01 AS APPROVED BY THE
CITY COUNCIL
APPEAL OF PLANNING COHUSSI0N DECISION DENTING GENERAL PLAN 168
AM0DMENT 83-ONB AND ZONE CEANGE 83 -04B - SYCAMORE INVEST-
RENTS. A request to amend the General Plan Land Use Element
frcm Office to Neighborhood Commercial and a change of zone
from AP (Administrative /Professional) to C -1 (Neighborhood/ -
Commercial) on 5.44 acres of land located at the northeast
corner of Archibald and Base Line - APN 202 - 181 -27.! State
report by Pick Gomez, City Planner.
NEW DEVELOPMIT CODE AND DISTRICT MAP. Review and
consideration of the proposed Development Code and Map to
replace the current Interim Zoning Ordinance. Staff report by
Rick Gomez, City Planner.
ORDINANCE NO. 211 (second reading) 196
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING TITLE 17, DEVELOPMENT CODE OF
THE RANCHO CUCAMONGA MUNICIPAL CODE, INCLUDING
ADOPTION OF A DEVELOPMENT DISTRICT MAP, REPEALING
THE INTERIM ZONING ORDINANCE, AND REPEALING TITLE
17 AND CERTAIN SECTIONS OF THE RANCHO CUCAMONGA
MUNICIPAL CODE.
•
City Council Agenda -6- December i, 1983
5. NON- ADVERTIZED PUBLIC HEARING
A. ROUTE 30 D@N.ElNUITAMA POLICY STATOIENT. Council will 197
consider a policy statement dealing with the funding of Route
30, the Foothill Freeway. Staff report by Lloyd Hubbs, City
Engineer.
B. COSSIDERATION OF AMEJW ERT TO CHAPTER 1.04 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE IN ORDER TO REFINE CERTAIN WORDS.
ORDINANCE NO. 212 (second reading) 199
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA AMENDING CHAPTER 1.04 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE BY AMENDING SECTION
1.04.010 (G) TO REDEFINE THE WORDS "MUST" AND
"SHALL" AND BY ADDING SECTION 1.04.100 TO PROVIDE
THAT NO CODE, ORDINANCE, RESOLUTION OR
ADMINISTRATIVE REGULATION SHALL CREATE OR IMPOSE A
MANDATORY DUTY FOR OR UPON THE CITY OF RANCHO
CUCAMONGA OR ANY OFFICER OR EMPLOYEE THEREOF ACTING
WITHIN THE SCOPE OF SUCH OFFICE OR EMPLOYMENT.
. C. REVISION OF BUSINESS LICENSE ORDINANCE TO RUDOPINE DE.LINODUIT 200
PERIODS AND PENALTIES THEREOF. Staff report by Lauren
Wasserman, City Manager.
ORDINANCE NO. 21 -A (first reading) 202
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL
CODE PERTAINING TO BUSINESS TAXES, LICENSES AND
REGULATIONS.
D. MATTERS CONCERNING STATUS OF CABLE TELEVISION AND EXTENSION OF
MORATORIUM ORDINANCE NO. 210 -A Oral report by Robert Rizzo,
Assistant to the City Manager. (y
ORDINANCE NO. 210 -A hi.plt'x A,*- 201
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, EXTENDING THE MORATORIUM ON THE FILING
AND PROCESSING OF APPLICATIONS FOR LICENSES TO
CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA
TELEVISION SYSTEMS IN THE CITY FOR AN ADDITIONAL
PERIOD OF NINETY (90) DAYS, AND DECLARING THE
URGENCY THEREOF.
I
DAY CREEK IMPLEMENTATION PLAN (ME.LO -ROOS C@HONITY FACILITIES 219
ACT). Council will review proposal for funding the Rancho
Cucamonga portion of the Day Creek Channel through establish-
ment of a Community Facilities District. Approval would
involve retaining consultants to prepare the necessary
documents to hold a property owner election in late Spring.
Recommend approval of program and completion of Phase II
contracts with Willdan as Assessment Engineer and Brown A
Nazarek as Bond Counsel. Staff report by Lloyd Hubbs, City
Engineer.
E. AUTHORIZE THE EXECUTION OP LOCAL AGENCY -STATE AGREEMENT M0. 8- 240
5420, PROGRAM NO. 7 WITH THE CALIFORNIA DEPARTMENT OF TRANS -
PORTATION (CALTRANS).
I
City Council Agenda -7-
December 7, 1983
6. CITY MANAGER'S REPORTS
A. MATTER OF TRESPASSING ON FLOOD CONTROL AND RAILROAD ACCESS
204
EASEMENTS ADJACENT TO RESIDENTIAL UNITS ON AZURITE STREET A
letter has been received from eight residents regarding their
concerns with trespassing in access easements adjacent to
Azurite Street. Oral report by Lauren Wasserman, City
Manager,
B. RED HILT. BASIN PAR[ ACQUISITION PROGRAM. Oral report by Bill
Holley, Community Services Director.
C. ALTA L.OMA CHANNEL ASSESSMENT DISTRICT BOUNDARY APPROVAL AND
=06
INITIATION OF PROCEEDINGS. Report on status of District and
approval of resolutions and agreements to continue on schedule
for District formation and construction of channel facilities.
Staff report by Lloyd Hubbs, City Engineer.
RESOLUTION NO. 83 -206
216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING PERSONS
TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT
PROL- cEDINGS.
RESOLUTION NO. 83- 207
218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MA2
SHOWING THE GENERAL NATURE AND LOCATION OF CERTAIN
PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE
PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO
BE ASSESSED FOR SAID IMPROVEMENT.
DAY CREEK IMPLEMENTATION PLAN (ME.LO -ROOS C@HONITY FACILITIES 219
ACT). Council will review proposal for funding the Rancho
Cucamonga portion of the Day Creek Channel through establish-
ment of a Community Facilities District. Approval would
involve retaining consultants to prepare the necessary
documents to hold a property owner election in late Spring.
Recommend approval of program and completion of Phase II
contracts with Willdan as Assessment Engineer and Brown A
Nazarek as Bond Counsel. Staff report by Lloyd Hubbs, City
Engineer.
E. AUTHORIZE THE EXECUTION OP LOCAL AGENCY -STATE AGREEMENT M0. 8- 240
5420, PROGRAM NO. 7 WITH THE CALIFORNIA DEPARTMENT OF TRANS -
PORTATION (CALTRANS).
I
• City Council Agenda -8- December 7, 1983
RESOLUTION NO. 83 -208 241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
EXECUTION OF LOCAL AGENCY -STATE AGREEMENT NO. 8-
5420, PROGRAM SUPPLEMENT NO. 7.
F. SOUTHERN PACIFIC TRACK CDNSOLrDATION PROPOSAL. Review status 249
of application to the Southern Pacific Company to abandon its
northerly track through the City of Rancho Cucamonga.
Recommend that Council approve proposal to participate with
the Cities of Montclair, Upland, Pomona and Fontana in formal
application to consolidate and abandon portions of the
Southern Pacific Foothill Line. Estimated cost to Rancho
Cucamonga is $9,000.00. Staff report by Lloyd Hubbs.
I. CITY ATTORNEY'S REPORTS
A. CONSIDERATION OF AMENpgNT TO CRAPTEE 10.44.110 OF THE RANC'RO
CUCAMONGA MUNICIPAL CODE TO PROHIBIT SALE OF FOOD OR BEVERAGES
PRO1 VEHICLES OR PUSBCARTS NRAR PUBLIC SCHOOL GROUNDS. Staff
report: by Robert Dougherty, City Attorney. \
ORDINANCE NO. 213 i�,.� " 1 266
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING SECTION 10.44.110 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING SUB-
SECTION (E) THERETO TO PROHIBIT THE SALE OF FOOD OR
BEVERAGES FROM VEHICLES OR PUSHCARTS NEAR PUBLIC
SCHOOL GROUNDS
B. DISCUSSION OF MATTERS PERTAINING TO AN ORDINANCE REGULATING
AMBULANCE SERVICE WITHIN THE CITY OF RANCHO CUCAMONGA Oral
report by Robert Dougherty, City Attorney.
B. COUNCIL BUSINESS
A. MATTER OF EXPIRED ADVISORI COMMISSION TERMS. 267
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IE0RIVEV
CITY OF RANCHO CUCAMONGA
ADMINISTRATION
C.P. CONSTRUCTION NOV 2$03
70919011R 4 )
C1 iman It )
TO:
NAME OF CLAIMANT:
ADDRESS OF CLAIMANTS:
ADDRESS TO WHICH NOTICES
SHOULD BE SENT:
DATE OF ACCIDENT:
PLACE OF ACCIDENT:
CLAIM FOR INDEMNITY
ALTA LOMA SCHOOL DISTRICT
C.P. CONSTRUCTION
105 South Lorna Place
P.O. Box 1205
Upland, CA
FURNESS, FLORY 6 MIDDLEBROOK
P.O. Box 1319
San Bernardino, CA 92402
June 19, 1983
Hermosa Avenue, approximately
300 feet south of Wilson
Street, Rancho Cucamonga, CA
DATE COMPLAINT SERVED: On /about September 13, 1983
FACTUAL BACKGROUND OF CLAIM:
On June 19, 1983, plaintiff, DEBRA THOMPSON SANCHEZ, a
minor, was injured in a traffic collision rear the intersection
of Hermosa Avenue and Wilson Street within the City of Rancho
Cucamonga, California. MS. SANCHEZ was a right front -seat
passenger in the vehicle being operated by DAVID WALTER HOUGH, a
minor. The owner of the vehicle was NORMAN HOUGH.
The Complaint was filed with the court on September 1, 1983,
and alleges negligence on the part of DAVID WALTER HOUGH, NORMAN
HOUGH, ALTA LOMA SCHOOL DISTRICT, CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, BLANE L. WADMAN ENGINEERING AND
CONSTRUCTION and C.P. CONSTRUCTION. The Second Cause of Action
applies to BLANE L. WADMAN ENGINEERING AND CONSTRUCTION, C.P.
CONSTRUCTION, ALTA LOMA SCHOOL DISTRICT, CITY OF RANCHO CUCAMONGA
and COUNTY OF SAN BERNARDINO. it is alleged that these companies
and /or governmental entities negligently supervised, designed,
constructed, installed and maintained the streets and property
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surrounding the intersection so as to proximately cause and
contribute to the dangerous condition which was the proximate
cause of the accident complained of by the plaintiffs.
PUBLIC EMPLOYEES RESPONSIBLE: Unknown.
AMOUNT OF CLAIM:
The present amount of the claim for indemnity is as yet
unascertained. However, in the event that plaintiffs recover a
judgment against defendant, C.P. CONSTRUCTION, said defendant
will seek to recover from the ALTA LOMA SCHOOL DISTRICT a like
amount, and also seeks to recover its costs of suit, attorneys'
fees and investigator's costs incurred herein.
DATED: October 19, 1983
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FURNESS, FLORY 6 MIDDLEBROOK
e'X
GREG C. MIDDLEBROOK
Attorneys for Defendant
C.P. CONSTRUCTION
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FURNESS, RARY t MIGDLMOOK - %C <'.•`:. 1r
1.11 Men" •'Y' nv�
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Auwnm fw Defendant, C.P. CONSTRUCTION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
DEBRA THOMPSON SANCHEZ, et al., CASE NO: OCV 31805
VS. PROOF OF SERVICE BY MAIL
DAVID WALTER HOUGH, at al
STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
I, the undersigned say: I am a citizen of the United
States and a. resident of the county aforesaid; I am over the
age of eighteen years and not a party to the within entitled
action; my business address is 1411 North "D" Street, San
Bernardino, California 92402.
On November 21, 1983, I served copies of CLAIM FOR INDEMNITY
on CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, and
ALTA LOMA SCHOOL DISTRICT, by depositing same in a sealed
envelope with postage thereon fully prepaid in the United States
mail at San Bernardino, California, addressed as follows:
City Clerk of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91730
San Bernardio Board of Supervisors
A E 0 E I E O
175 West Fifth Street
CITY OF RANCHO CUCAMONGA
San Bernardino, CA
ADMINISTRATION
Alta Loma School District
NOV 2210
9350 -F Baseline Road, Suite F
P.O. Box 370
Sj9t�Iui�j1L2 w
h91�IQL6
Alta Loma, CA 91701
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I declare under penalty of perjury that the foregoin�
is true and correct.
Executed this 21st day of November, 1983 at San Bernardino,
California.
FURNESS, FLORY 3 MIDDLEBROOK
/l%didif -
LINDA WISSERT
2
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VERIFICATION
STATE OF CALIFORNIA. COUNTY OF
1 have read the foomminst
• —_
N. CHECK APPLICABLE PARAGRAPH and know its contents.
❑ 1 a is a party to this anion. The matters stated in it arc true of my own knowledge except as to thou matters which are
stated on information and belief, and as to thou matters 1 believe Ihrn to be true.
❑ 1 am Dan Officer D a partner ❑ a of
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a pang to this action, and am authorized to make this venfication for and on Its behalf. and 1 make this verification for that
reason I have read the foregoing document and know its contents. The matters stated in it are true of my own knowledge
except as to thou matters which an stated on Information and belief, and as to thou matters I believe them to he true.
❑ I am one of the attorneys for
a part. to this action. Such party is shunt from the county of aforesaid where such attorneys have their offices, and 1 make
this venfcauon for and on behalf of that party for that reason. I have read the foregoing document and know its contents.
I am informed and believe and on that ground allege that the matters stated In it tae true.
F.xecubd on . 19—. st California,
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT
(other than summons and complaint)
Received copy of document dissented
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF
I am employed in the county of San Bernardino State of California
I am over the age of 18 and not a party to the within action; my husmess address is 1411 North D _
Street San Bernardino, CA 92401
pis Novemher 21 . 11913-3 1 served the foregoing document described at
Pros�fyf_ Service By Mail and Claim for Indemnity___,
_ o,_iinterested parties
in this action by placing a true copy thereof enclosed in a scaled envelope with postage thereon fully prepaid in the United
States mail of
addressed as follow,
City Clerk of Rancho Cucamonga Alta Loma School District
P.O. Box 807 9350 —F Baseline Road, Suite
Rancho Cucamonga, CA 91730 P.O. Box 370
San Bernardino Board of Supervisors Alta Loma, CA 91701
175 West Fifth Street Hudson, Johnston 6 Hazen
San Bernardino, CA 93� N. "EXya6T761201
n be pac
(BV MAIL) I caused such envelope with postage thttmn fully prepaid to be placed in the United Stain mail
at San Bernardino , California
❑ (BV PERSONAL SERVICE) 1 caused such envelope to be delivered by hand to the offices of the addresue
Executed o+ Nnvem her 27 19_A3at San Bernardino California.
(Slate) I declare under penalty of perjury under the laws of the Slate of California ,list the above is true and eormcl.
❑ (Federal) I declare that I am employed in the office of a member of the bar of this mum at whoa direction the service wu
made
Signature
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CLAIM FOR DAMAGES TO PROPERTY Southern California Gas Company
Claims Department, MO -502H , r,
P.O. Boon 60980, Terminal Annex
NOV. 1, 1983 Ins Angeles, CA 90060 -0980
To: City of Rancho Cucamonga REFER ANSWER TO:
9320 Baseline Rd. M. G. Walker
Rancho C�camorga, CA 91730 CUR FILE NUMBER: H- 146804- 04 -M;W
When did damage occur? (Give exact date and hour)
Aug. 31, 1983, at approximately 5:00 P.M. R E 0 -, 1 � ` m
CITY AD RANI�>�CL`:�_;.iA
where did damage occur? ,ST
7984 Hellman Ave., Rancho Cucamonga. NOV A 1983
� PM
How did damage occur? ( Give full details) m =lg3glnai�l2(112i8(9)5)B o.(�
Alatich Corp, was ripping cut existi,g roadway when they struck damaged our
1/2" plastic gas service with their ripper.
What particular Act or Omission on the part oi`�nty /City officers or emQloyees
caused the damage?
Matich Corp, has referred Gas Co. to the City of Rancho Cucamonga as the party
responsible for payment of this claim (see attached copy of letter from Matich Corp.,
dated Sept. 27, 1983).
What damage do you claim resulted?
See above: how damaged occurred.
what amount do you claim on account of each item of damage? (Give estimated or
actual amount, and show method of computation)
Estimated amount of damage: $406.21, for labor, mate dials. and gas loss (gas
blown to atmosphere); see attached billing.
Other details? (Names and Addresses of Witnesses, etc.)
This gas line was located and correctly narked prior to the start of the project.
It was also lowered in two different locations. Gas Co. was told that depth of line
was satisfactory at location where damage occurred.
M. m. G.
G. Walker, Clarets Representative
Telephone: (213) 689 -2869
MIW /Ice
Enclosures
Signature:
0
//- a— 013
Date Signed
Da te Recei ed/Signed
COr MATCH CORPORATION �enera! Conlractorl
MATICH BROTHERS OFFICE MATICH CONSTRUCTORS Callon, CA 92324a Dnve
TELEPHONE Otq 8772100
September 2', 198;
southern California Can Company
Claims Department
Box 3249, Terminal Annex
Los Angeles, :alifomia 90051
he: A /0, E/31/83
Your File ilo. H- i468o4- C4 -HGW
Attention: M. G. W >? Pr, ML 5C2H
dentlemen:
:'his letter is in response to your farm letter dated September 15, 1983. •
concerns the a'cove referenced accident.
::revs of Matich Corporation, on Aurust 3l, 1983, were in the process of
ripping out existing asphalt pavement to grade ar.d repave portions of
Hellman Avenue in the city of Rancho Cucamonga. Xore specifically this
was being done at 7984 Hellman Avenue when one of your underground
gas service lines was contacted by our ecuipment and damaged.
Matichts work was in progress at the a'cove stated locations under public
works contract, referred to as, "Hellman Avenue Improvement Project,'?
under the direction of the City of Rancho Cucamonga. Officials of Matich
Corporation were instructed by the City to proceed uneer the terms of
the contract, maintaining standards, grade depths, etc. set forth therein.
It was more specifically indicated to us that the existing under ground
utilities would be relocated to depths consistent with our grade levels
stated on the plans. We were proceeding on a timely basis to meet our
obligations under the contract.
If for some reason the City did not mate you aware of your obligation to
relocate your facilities or,on the other hand, you did not reepond on a
timely basis to do so, it is my suggestion that you negotiate your losses
with the city of Rancho Cucamonga.
Sincerely yours, •
MATICH CORPORATION
GIJ,
Paul W. Brown
or: Corroon & Hlsck /Mdller & .meE I
TO: CLAIMS DEPARTMENT
SOUTHERN CALIFORNIA GAS COMPANY •,;I�Seotember 22. 198
906 610 20U " RAWER STREET
•,�„w SOX 3246 TERMINAL ANNEX • LOS ANGELES. CALIF. 60061 nwtw 6• H- 146804 -MGW
uv� mA»4
••• ••T• 54
AYWNT 06.21
Matich Corporation 9.108
Post Office Box 50000 1NYOIt:•M•
San Bernardino, California 92412 A0000Hr 143.5
City of Rancho Cucamonga »...e..
��- 9320 Baseline Road
Rancho Cucamonga, CA 91730
Cost of repairing our service located at 7984 Hellman,
Rancho Cucamonga, which was damaged by you on, or
about, August 31, 1983.
Direct labor (includes travel time) 10.50 hours @ S32.
Material from Company storerooms
Gas blown to atmosphere
Total billing
L
S 339.99
.51
.uSO CLAIMS DEPARTMENT— SOUTHERN CALIFORNIA GAS COMPANY
CvrF'i.d SOUFNDRN CXUFORNIA CAS COMPANY
—~
Ce.ctK ' r Invoice Vo. Claim Case; —/qp / COS4 /LJs
App,o.K _..__. Lmflme'htE
Ieb N. QQ-- II ___ D09t of
repairing our �.(y // ye
—located at*?ppD -( p
��[ /M d✓t� {- 2./�t�o�
which was damaged by you on, or about, /ft�prZ.:'A 3 /
sillee pMdt o
( c� Coar�� film `�
Ii30ryC Account = - Total -
2n Be✓rld^d /n0 /cU��nxue193 /2 YoL cost
Direct labor /0,S/O hrs. @ 1" %L.3� 339 ?Y -
_(Includestravel rime)_ ___ -' _._, ---- _--- _---- _
%,So%a..rS Total labor(!
Material from Company storerooms
Ci- Pc
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Scores expense
.___cllaneous pipeline materials ( 1 of )
total material Cost
SI
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Confrruction equipment expense
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Purchased material and /or services
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Gas blown to atmosphere
Mc f @ 5 %+
Field supervision, engineering and office costs
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Subtotal
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Administrative and general costs
Total billing
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JAMES, FERRIGNO S RINEHART t Lli .• .._ i -!i_
Attorneys at Law
1011 Victoria Avenue 9Wft6ej1Z1111 i819(L '•� i
P. 0. Box 579 ad r.� In -
Corona, CA 91720 -0579 i.OG� 01 AON
(714)735 -0502
N0I1va41N IWOV
MOM= ORAWN 10 A113
Attorneys for Claimant a a A� I a 3
OCV 32191
In the Matter of the Claim of ) APPLICATION FOR LEAVE TO
PRESENT LATE CLAIM
BETTY LOU WEBB -� )
(Gov C Section 911.4)
against CITY OF RANCHO CUCAMONGA )
TO: CITY OF RANCHO CUCAMONGA:
1. Application is hereby made for leave to present a late
claim under Section 911.4 of the Government Code. The claim is
founded on a cause of action for damages for personal injury
which accrued on November 13, 1982, and for which a claim was not
timely presented. For additional circumstances relating to the
cause of action, reference is made to the proposed claim attached
hereto as Exhibit "A" and made a part hereof.
2. The reason for the delay in presenting this claim is the
mistake, inadvertence, surprise, and excusable neglect of the
claimant as more particularly shown in the declaration of BETTY
LOU WEBB attached hereto. The public entity, the CITY OF RANCHO
CUCAMONGA was not prejudiced by the failure to timely file the
claim as shown by the declaration of BETTY LOU WEBB attached
hereto as Exhibit "B" and made a part hereof.
3. This application is presented within a reasonable time
after the accrual of the cause of action as shown by the
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Declaration of BETTY LOU WEBB attached hereto as Exhibit 'B" and
made a part hereof. •
WHEREFORE, it is respectfully requested that this
application be granted and that the attached claim be received
and acted upon in accordance with Sectitons 912.4-912.8 of the
Government Code.
Dated: November 9, 1983 JAMES, FFERRRRIONrOO& RINEHART
ANTHON A. A FARAIIGNO
On Behalf of,✓- CAaimant
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JAMES, FERRIGNO & RINEHART
Attorneys at Law
1011 Victoria Avenue
P. 0. Box 579
Corona, CA 91720
(714)735 -0502
Attorneys for Claimant
BEFORE THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA
In the Matter of the Claim of )
BETTY LOU WEBB, individually ) CLAIM FOR DAMAGES
against the CIty of Rancho Cucamonga ) FOR PERSONAL INJURY
I, BETTY LOU WEBB, the undersigned claimant, presents this
claim for damages on my own behalf. My address is 875 Tangerine
Street, Corona, California, and the post office address to which
I desire notice to be sent is my attorneys', JAMES, FERRIGNO 6
RINEHART, P. O. Box 579, Corona, California, 91720.
The date, place and other circumstances of the occurrence or
transaction that gave rise to this claim are as follows: On
November 13, 1982, at or about 1:30 p.m. I was the driver of a
1981 Honda Accord automobile at the following location on
Archibald Avenue, in the County of San Bernardino, State of
California in a general northerly direction at and near the
intersection with Church Street Road. At said intersection,
claimant collided with a 1982 Chevrolet one -Ton truck belonging
to a James Fredrick Lucero. In the course of the collision I,
I i5 EXHIBIT A
11 BETTY LOU WEBB, sustained serious injuries to my health, strength
21 and activity including but not necessarily limited to a cerebra*
3 concussion, a chip fracture in the right ankel and displacement
4; and fracture of the first metatarsal cuneiform joint of the right
5 foot, a fractured rib and a very deep 7 -8 centimeter facial
6' laceration in the area of my forehead with attendant scarring and
7 psychic trauma including severe emotional trauma and damages
which injuries were proximately caused by the dangerous condition
9 of the signal light found at the intersection owned, managed,
10 inspected, maintained, and controlled by the City of Rancho
11 Cucamonga at the time said claimant sustained her injuries, which
12 dangerous condition created a reasonably forseeable risk of the
13, type of injury which was incurred of which the City of Rancho
14 Cucamonga had actual or constructive notice of the dangerou•
15 condition within the meaning of government code Section 835.2, a
16 sufficient time prior to the said injuries to have taken measures
17 to protect against said dangerous condition.
18 ', Said dangerous condition consisted of a malfunctioning
19 j� signal light at the intersection of Archibald Avenue and Church
20 Street that constituted a imminent and perilous hazard to
2111 drivers who used said intersection. The said defect consisted of
22 the fact that the northbound signal was yellow when the
23 southbound signal was red when the north and southbound traffic
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both have a green arrow light.
25, The damages to myself arising out of the injuries incurred
261 so far as they are now known are as follows: payment of the
27 medical bills and other related expenses which to date have belo
28, approximately $4,976.40 or according to proof. A�dditional
2 E1' i g
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1'I medical bills for which I may become responsible and which I may
2 pay into the future for continued medical treatment are in an
3 amount unk!,own to me at the present time but will he supplied, in
4! accordance to proof 'at the time they become known to me.
5i As a further and proximate result by reason of the said
Gil injuries suffered from me I was prevented from attending to my
7 usual occupation as employee for the Alpha Beta Company, manager
',
8i of their branch store located at Ontario and Main Streets in
9 Corona, California for a period of time commencing November 13,
10 1982 and ending December 19, 1982 and I have lost earnings and
111
I income and will continue to have future lost earnings and income
12 in an amount in accordance to proof at the time they become known
13,! to me.
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141 Additional damages are the personal injuries I have received
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15 hereinabove described and the cost of the medical treatment
161' therefor as well as the amounts claimed for pain and suffering
17j+I1 and for the potentially permanent disabling injury that may have
18'il,� been sustained which amounts of medicals are presently uncertain
19i and which claim for damages for pain and suffering and permanent
201 disability is $150,000.00 at this time.
21 The amount claimed as of the date of presentation of this
22 claim is: $154,976.40.
23 Dated: November 9, 1983
24 4BEY ZWEB , r'laimant
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_ 3 1 EXHIBIT A
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JAMES, FERRIGNO 6 RINEHART
Attorneys at Law
1011 Victoria Avenue •
P. O. Box 579
Corona, CA 91720 -0579
(714)735 -0502
Attorneys for Claimant
BEFORE THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA
In the Matter of the Claim of ) DECLARATION OF BETTY
BETTY LOU WEBB, individually against ) LOU WEBB, CLAIMANT
the CITY OF RANCHO CUCAMONGA )
1, BETTY LOU WEBB, declare as follows: •
1. I was unaware of the one hundred day period to file a
claim against a public entity.
2. I have had no legal training nor legal understanding of
the matters for filing a claim or otherwise.
3. I did not consult with an attorney until after the one
hundred day period expired.
4. That prior to consultation with counsel and thereafter
until November 7, 1983 I was still trying to settle all my
damages with the private party driver of the other car involved
in the collision and with his insurance company.
5. That I was unaware of any public entity being pissibly
liable as a result of the way the traffic signal worked at the
intersection of Archibald Avenue and Church Street until aft*
consultation with my co,�...el.
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6. That even after consultation with counsel in reference
to the possibility of a malfunctioning traffic signal operated
and owned and maintained by the public entity, I was reluctant to
file the claim against the public entity unless it was absolutely
necessary to recover my losses and had hoped to recover those
losses from the private party and his insurance carrier.
7. That on advice of counsel I was informed that my only
source of recovery might well be from the public entity and that
I would be substantially prejudiced in pursuing all my remedies
and recover damages if I was not allowed to file a late Claim.
B. The signal is still operating improperly as of the last
weekend being that of November 5 and November 6, 1983 in the same
manner it failed to operate as set forth in my claim at the time
of the accident.
9. That I believe that the filing of this late claim will
in no way prejudice the public entity involved.
10. In good faith I hereby believe that I have a valid
claim against the public entity and wish an opportunity to make
such a claim.
11. If I am called as a witness I would testify under oath
that the above facts are true of my own personal knowledge except
as to those matters stated herein to be based on information and
belief and as to those matters I believe them to be true. I am
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competent to testify as to all the facts set forth herein.
I declare under penalty of perjury that the foregoing
true and correct.
Executed this 9th day of November, 1983 at Corona, County of
Riverside, California.
BE TY OU BB,
Declarant
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MY OF VXW
ADMINISTRATWN
OCT 31 190
r>r �
CLAIM AGAINST THE CITY OF RANCHO CUCAMONGA ,
NAME OF CLAIMANTS: Ray Royster and Ray Royster, Jr.
ADDRESS OF CLAIMANTS: 7415 Hellman Avenue, Cucamonga, CA 91730.
WARNING: No mail or correspondence is to be addressed or delivered
to the above - stated address of the claimants. All
correspondence is to be directed to the claimants' attorneys,
the law firm of ROBERTS 6 MORGAN, P.O. Box, 5980, Riverside,
California 92517.
DA:T OF OCCURRENCE: This is a claim for implied equitable indemnity
express indemnity and declaratory relief for an
underlying pendino lawsuit entitled Eric J. Klock,
et Al. vs. City of Rancho Cucamonga, et al., County
of San Bernardino Superior Court Case Number
OCV 30895. The lawsuit was served on these
• claimants on September 8, 1983. The underlying
action is based on an accident occurring on
October 15, 1982, which, gives rise to the under-
ling lawsuit against these defendants /claimants.
Phe subject accident occurred on 9aseline Road,
east of Vineyard, in the City of Rancho Cucamonga,
County of San Bernardino, California.
r,E':F?AS 7ESCIPPTION This accident arises cut of a motor vehicle- bicycle
OF CLAIM AND accident occurring on Baseline Road in the Citv of
DAMAGES: Rancho Cucamonga, County of San Bernardino, State
of California.
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This claim is one for eouitable indemnity, implied
indemnity and for declartory relief for the
apportionment of damages, if any damages are held
to answer by these defendants /claimants in the
underlying lawsuit. The facts of this accident
known to these defendants /claimants at this time
are that the City of Rancho Cucamonga did
construct, design, engineer and maintain Baseline
Road east of Vinevard in the Citv of Rancho
Cucamonga at or about the Alta Loma High school
parking lot in the area where the subject accident
Ll
Claim Against the City of Rancho Cucamonga
Claimants: Ray Royster and Ray Royster, Jr.
Page Two
occurred. It is the defendants/claimants belief
that the City of Rancho Cucamonga failed to
properly construct, design, engineer and maintain
the roadway thus creating a dangerous condition of
public property. Further, the accident scene was
absent of warning devices or traffic control signs
or signals which would constitute a safe pattern
of traffic control. The lack of these traffic
regulatory signs and signals and the aforementioned
roadway constituted a dangerous condition.
The City of Rancho Cucamonga was either on notice
or on constructive notice of these dangerous
conditions Prior to the subject accident of
October 15, 1982.
Tie damages surrounding this lawsuit are
speculative. Thie is a complaint for personal •
injuries and no claim or specified demand has been
made on these defendants / ciaimants at the present
time.
On the basis of `.he foregoing liability as
expressed in the above naraoraphs, these claimants
contend that thev are entitled to total indemnity
and /or equitable contribution from the Citv of
Rancho Cucamonga for damages that may be received
by plaintiffs Eric J. Klock and /or Larry Klock,
in the underlying lawsuit against these defendants/
claimants.
The actual names of the Public employees who
designed, constructed, maintained or controlled
that portion of the roadway as outlined in this
claim are unknown at this time to these claimants.
DATED: October 26, 1983.
ROPER & MOROAN
BJii
BRUCE MORGAN /
Attorneys fo efendants/
Claimants, ROySTF.R and •
RAY ROYSTF.R, JR.
22-
LtL..:
" CLAIM FOR D.Wv1HGE OR INJURY LI& �
1. Claims for death , injury to person, or to personal property must be filed not later than �-' 14 '
100 days after the occurrence (Gov. Code, Sec. 911.2).
•. Claims far dornoges to real property must be filed not later than 1 year after the occurrence
(Gov. Code, See. 911.2).
TO: CITY OF ' �/—e n +�
�NNED 1 7 �
Nam of Claiman Address Zip phone Age
Address to which Claimant wishes notices sent. yJ ,� y!�/ /F
NCR /�!PP¢.� 1 x�s¢T TiisaF
WHEN did damage or injury occur? `(/� //''�� �\
WHERE did damage or injury occur? �/ pyr OLft,i .Ij'Sfydl
HOW and under what circumstances did damage or injury occur? 4129ZL ow-
-,It 0417- O? /JJr✓ %ia sr�E rlccao rr rWf- Yr Fr-r- ors., TAt �e u�r/P
k'V KFn a r oT ^
WHAT particular action by the City, or its employees, caused the alleged damage or injury?
(1nclude names of employees, IF known)
.AlAdvf o� /lFPtes Rrr�o✓f,� F — Cu rNOU v ffr D/o Nar /oEATy�
7 e��
lik1r�� TF itn a�r E Pet /rrroar 0z?e0aAre7 Ul+ce J,Fa 2tT /e t/
WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it may be known
at the time of the presentation of this claim, together with the basis of computation of the amount claimed:
(Attach estimates or bills, if possible)
c �'nrr d 7r'` RF..OT /R .icy- /`}�P,�o x
_ / 5
Total Amount Claimed: CITY OF RAPM MCM0110R
ADMINISTReeh�aTy�10�1f—
NAMES and addresses of witnesses, Doctors and Hospitals: NOW 07 IM
/Y �3
b�S03(d7B) i 3
.kl IELOS A sv EC 14'°
v,o
CLAIM _
AGENT
I
All Cars Auto Glass
u"BILE SERvI "E AVAILABLE
lc4VERC I AL. RESIJEITIAL - VIRRORS
_ALIR, S'A•E *EJ, 10. W6310 CALI;. STATE CC4 iRAr r,C,RS LICEM1SE }C vJ'J5i
505 W. HOLT 1265 GRAND
ONTARIO, CA. 91761 POMONA. CA
(714) 983 -9239 (714)622-4443
(714) 983 -9230 (714)622-3100
SOLD TO
f
0 13231
DATE
Ye A MRME Y w
i
BC .y 5'rlr
r T
5
�V nN'
oe.c wllirON
l IT
C.
n Mo�unr
`
tNYE. rn. W Iley M1em W., ".mn.b .nornq a IN m0 rou0 roof
1404 wN tM.ef� A A, W .eew n WVby wIWM
.CEIVE� lF� ^j7y ER no. —L. 9v
_
.ILES rnn
"1AYJ ✓' 'i [_E
_— TOTAL S c
I
I
`EMS . .:OT 1v r'.i CG iklt
,.
yEr ,.,r. 11 Oi SCL \T. 'VL +E i" " ;1 - r arrr er5
IIE w nrl W amen IT pur ITPI f 1. m.4 re0mrl0'erly It mY nfl M awtlf
-�
u E+'
Ian n Muer .[Nw.IdEN on .oan w'e. 1. wv. IM .mwnl of ngvf
wb 1 .4 uw IM SwNM1 0 U,,,W ni IN O ml uu. a Ins .[moot tt0uvef
.L.Awnl .1 .n .ttem.T Lm lu 1ry Irh% mtm" pAr nonln..."h n
`
tNYE. rn. W Iley M1em W., ".mn.b .nornq a IN m0 rou0 roof
1404 wN tM.ef� A A, W .eew n WVby wIWM
.CEIVE� lF� ^j7y ER no. —L. 9v
_
.ILES rnn
"1AYJ ✓' 'i [_E
_— TOTAL S c
Y
MOUNTAIN VIEW GLASS 5 MIRROR
9745 FOOTHILL BLVD
RANCHO CUCAMONGA, CA 91730
•
9
Ll
4's Is an estimate Only and not a
Sub -Total
- j z•
ALL CARS AUTO GLASW-
•
FREE PICKUP AND DELIVERY
•• -
COMMERCIAL a RESIDENTIAL • MIRRORS
f offering r
1266 CRAND
505 W. HOLT
Total Metenal
POMONA, CA
ONTARIO, CA 91761
/ /�-
w
(71Q 622.4N3
�— Labor
(714) 963.9230
(711) 622 -3100
(714) 963-9239
AGENT
0
YEAR b MAKE ntn'c.
SOLD TO
BODY STYLEV .�%•�M Zl��
—'
— — LICENSE NO
OR ENGINE NO
Ouan I Rao No
and Sa.
0.acr01ion L.I C Na 4aor
9
Ll
4's Is an estimate Only and not a
Sub -Total
- j z•
State-
mart or bill for material and /or aerv¢es
`a 'al Eectse Tax
This estimate good for 30 days from oats
St (e Sales Tax
f offering r
THANK YO
Total Metenal
��/
and
/ /�-
w
�— Labor
/ 6 6
v j
EsRMAn
a IMPAIRS nCUCAMONGA. - AUTO -13ODY
HILL BOULEVARD
CALIFORNIA 91730
171 {) 967 -4609 R' 0' �'
MN. Y.« %A�
T�
M1iM N.. SryM M..�
4VAN. ESTIMATE OF REPAIR COSTS
LAEO.
.A.T.
npin
OI Mn «n..nl rM by wn..[ fe.mN
• 'rl - ^� �
{ M..IM.. AW.e.M.
'//
MIN
{
NFndwl.n
. +��1 •0...,�,aen ..n• a. .e...�.. >.
MYN
{�
`•
^
-M nN .vwM {.Inry.Mn
I I..
{
BRAAR 1014
{�
4WNK{ OIIA{1M
{
'
0MR0 1`014
n �C
I
-- - - - -- - - --
Y�
CI
OF
AN
__—
— --
•INIj 4 1
CAMYN6IF-
LN
14
v o
I
TOTAL
LA203 .. ....ow.e.... o. e..e .........e .n.•
___.
_�
• .M.ru{nN q.w. M .w.Nw. M. N.w l..
npin
OI Mn «n..nl rM by wn..[ fe.mN
• 'rl - ^� �
{ M..IM.. AW.e.M.
'//
MIN
{
NFndwl.n
. +��1 •0...,�,aen ..n• a. .e...�.. >.
MYN
{�
`•
^
-M nN .vwM {.Inry.Mn
I I..
{
BRAAR 1014
{�
4WNK{ OIIA{1M
{
'
0MR0 1`014
n �C
Cc 10-1R (l t�
• CLAIM FOR DAMNC� OR INJURY �e:.•.v..� `'�''�
Claims for death , injury to person, or to personal property must be filed not later 1 1
100 days offer the occurrence (Gov. Code, Sec. 911.2). en E 0 E I r E •
Claims for damages to real property must be filed not later AIR IAA OUCAW A
(Gov. Code, Sec. 911.2).
gi yai
Address to which Claimant wishes noticcees s nr.
WHEN did damage or injury occur? /e3
WHERE did damage or injury occur? Q/vrif C7/,C-
Cs///%y /�/� p� q ."
HOW and u/nd�er what circumstances did damage or injury occur? -,Z' 6tJ43
O✓l �a/1'ri �ur! c�n�% fYJU </1 c:1 /r�1%fa n(J �UY17 OH �(js1Er1.C/
'r
fir, �i y i� fe.e , �� / /9�ti.n �u/i• %. ii•�-£ T�it� i�li�
yo
Age
WHAT particular action by the City, or its employees, caused the alleged damage or injury?
(Include names of employees, if known)
WHAT sum do you claim? Include the estimated s:m.,rd of any prospective loss, insofar as it may be known
at the time of the presentation of this claim, together with the basis of computation of the amount claimed:
(Attach estimates or bills, if possible)
$ 72 S/ ,,2
$ //6000 Sd
d
JJ, y
Total Amount Claimed: E //U r
NAMES and addresses of witnesses, Dortors and Hospitals: n /� �
e LG/G.1. !1 1s11GuO — .Thlril iz,, _ a, I/1�& 617
November 7, 1983
Mr. Morris V. Farinella
7022 .'lapa Avenue
Rancho Cucamonga, California 91701
Re: Notice of Action on Claim
Date of Incident: August 13, 1983
Claimant: Morris V. Farinella
Dear Mr. Farinella:
Notice is hereby given that the Claim which you presented to the City
of Rancho Cucamonga on September 22, 1983 was rejected by operation of law on
November 7, 1983.
W A R N I N G
Subject to certain exceptions, you have only six (6) months from the
date this Notice was personally delivered or deposited in the mail to file a
court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection
with this matter. If you desire to consult an attorney, you should do so
immediately.
Very truly yours,
Lauren M. Wasserman, City Clerk
BY:
Beverly puthel ac
BA:ba
cc: Empire Company
City Attorney
Carl Warren Company
9329 BASELINE ROAD.SI ITR 4 • POSTOF1y'g Nnx xn7 RAN( '110('1 CA ?ION(: i. CALIFORNIA 91730 • 17111989.1851
•
•
•
CITY OF RANCHO CUCAMONGA
T A_
a., I.,11). Mikek
.1_,�•xlx. _
tLl
Charles J. R.q.,( 11 James A. F'.m
--
Richard >I. Dahl Phillip I). S <hlmeo
November 7, 1983
Mr. Morris V. Farinella
7022 .'lapa Avenue
Rancho Cucamonga, California 91701
Re: Notice of Action on Claim
Date of Incident: August 13, 1983
Claimant: Morris V. Farinella
Dear Mr. Farinella:
Notice is hereby given that the Claim which you presented to the City
of Rancho Cucamonga on September 22, 1983 was rejected by operation of law on
November 7, 1983.
W A R N I N G
Subject to certain exceptions, you have only six (6) months from the
date this Notice was personally delivered or deposited in the mail to file a
court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection
with this matter. If you desire to consult an attorney, you should do so
immediately.
Very truly yours,
Lauren M. Wasserman, City Clerk
BY:
Beverly puthel ac
BA:ba
cc: Empire Company
City Attorney
Carl Warren Company
9329 BASELINE ROAD.SI ITR 4 • POSTOF1y'g Nnx xn7 RAN( '110('1 CA ?ION(: i. CALIFORNIA 91730 • 17111989.1851
•
•
•
0
I 1
FROM T4 MR OF
I "V- ter
9 -73 -83
�3 -37
This gentleman told the City Clerk (Lauren
Wasserman) in a very heated conversation that
the damage to his bike was only about $100.
He was more concerned at that time about the
condition of the street.
8AM 3 uj
CLAIM FOR DAMNG / OR INJURY ILA
1. Claims for death , injury to person, or to personal property must be filed not later than
100 days after the occurrence (Gov. Code, Sec. 911.2). R E Q E 1 r E 1
MY of #ARM CKAMMU
2. Claims For damages to real property must be filed not later than I ID
(Gov. Code, Sea, 911./2). SEP 22 063
TO: CITY OF�itx0'40 eV. h
ile�Dl�1n,,9tsla
Name of Claimant Address II Zip ane Age
r101raL Y): )ecr Avt. /��T/4Aay.� iQa, O11s101
,vddress to which Claimant wishes notices sent. I
WHEN did damage or injury occur?
WHERE did damage or injury occur? (i 0A9z% aT J//I�nQ
HOW and under what �;rcumstonnces did damage or injury occur? �.n/k/a3 /Hg44,r )y
1
re-,- -1 ouXiIv c-v1n( }ouA4a" (fyrw.�i�:r m.vTD �.drpp
ar MD7•f e,OfA sA ooT Ff'& � .—c 4t, I wa as
Tu/'i11n �
WHAT porticular action by the City, or its employees, caused the alleged damage or injury?
(Include names of employees, if known)
CJiT -j %iss r7�aiseTt� T. OteL^ IVNT-tesectiv. _
ear rc�l•f. -
WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it maybe known
of the time of the presentation of this claim, together with the basis of computation of the amount claimed:
(Attach estimates or ..bills, if possible) \\
P4V%,a QA\A!Jµ4n4 {1 D OLU \V$eq $ 'P 9? e
z
E
Total Amount Claimed: 5 F2 r �'I
and addresses of witnesses, Dortors and Hospitals:
M
ql�Kias _ 30
A ( 1
u
POMONA VALLEY KAENn.oAwEIWN
1125 W. MOLT BLVD,
GWAM CA 91761
V 4
ALTIMATE OF REPAIRS AS LISTED FOR LABOR AND MATERIALS
RA&I Ar.QRGMgWT�NnTpiUnifir, VCTIMAYFqr09P
2127
QUA"
I S5 -pecDc Ca&e--
--- -------
A-S 11C
-A- mll IlAl 11 DEC lf� SF`Er�Al SEQI-�E TE.S NO' ARAIIE LOCAIL'
IIIA: 1-1
AUTHCPI�'F.0 AND ACCE
"OWNER
OR AGENT
AN 179 ftcM�AM
TOTAL MArERIAL
TA.
PAIDOUTTOW&STORA(lE
�Wf
,AA
Ile
Of IABOP 00 TEPIAL
~"lAl
DESCRIPT:ON YA
Y &
PC ZY
QUA"
I S5 -pecDc Ca&e--
--- -------
A-S 11C
-A- mll IlAl 11 DEC lf� SF`Er�Al SEQI-�E TE.S NO' ARAIIE LOCAIL'
IIIA: 1-1
AUTHCPI�'F.0 AND ACCE
"OWNER
OR AGENT
AN 179 ftcM�AM
TOTAL MArERIAL
TA.
PAIDOUTTOW&STORA(lE
�Wf
,AA
Ile
Of IABOP 00 TEPIAL
~"lAl
DESCRIPT:ON YA
LA801
M9
QUA"
I S5 -pecDc Ca&e--
--- -------
A-S 11C
-A- mll IlAl 11 DEC lf� SF`Er�Al SEQI-�E TE.S NO' ARAIIE LOCAIL'
IIIA: 1-1
AUTHCPI�'F.0 AND ACCE
"OWNER
OR AGENT
AN 179 ftcM�AM
TOTAL MArERIAL
TA.
PAIDOUTTOW&STORA(lE
�Wf
,AA
Ile
TO THE CLERK OF THE
CITY OF RANCHO CUCAMONGA
Post Office Box 807
Rancho Cucamonga, CA 91730 '1 t
Dear Sir:
On behalf of the County of San Bernardino, the followins
claim is hereby presented pursuant to California Government Code
5900 at seq., in accordance with the laws of the State o
California:
• 1. NAME AND ADDRESS OF CLAIMANT:
COUNTY OF SAN BERNARDINO
Risk Management Division
777 East Rialto Avenue
San Bernardino, CA 92415
2. NOTICE OF CLAIM SHOULD BE SENT TO:
MacLachlan, Burford S Arias
A Law Corporation
150 West Fifth Street, Suite 103
San Bernardino, CA 92401
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
OR TRANSACTION WHICH GIVES RISE TO THE CLAIM:
Certain portions of the County of San Bernardino
experienced severe rainstorms during the months of December, 1982
and January and February, 1983. A lawsuit was filed by plain-
tiffs ROY V. RATLIFF and DANNIE RATLIFF against the COUNTY OF SAN
BERNARDINO and others under San Bernardino Superior Court case
number OCV 32032 requesting damages and naming the claimant here-
in as a defendant. Defendant, COUNTY OF SAN BERNARDINO, was
served with said Complaint on October 25, 1983.
Z
EEC7irao
Cm
OF MkfI16 CUCAMONW
ADMINISTR,.TICN
/L.
NOV 281 3
MAC LACHLAN, BURFORD & ARIASw
R. R,oRO'
AI— .oP DP iIDN 718�91�IQIlIHp��:o[P
CSC ✓r. �
iSD WCSi iIfTN STPECT SUITC 10]
. W u cc
-
P O �O% IAGY
i
- RN[P
SAN SERNARDINO. CALI10P114I,..CI03
NGr.M
TC L[N.IO N[')�r •16uDi
IN REVLT PLL.S[ RE[ER TO
✓.C4[w3
[I[[ HO
��_
z<G.-
Poe[ =:=
November 23, 1983
2889 -C
TO THE CLERK OF THE
CITY OF RANCHO CUCAMONGA
Post Office Box 807
Rancho Cucamonga, CA 91730 '1 t
Dear Sir:
On behalf of the County of San Bernardino, the followins
claim is hereby presented pursuant to California Government Code
5900 at seq., in accordance with the laws of the State o
California:
• 1. NAME AND ADDRESS OF CLAIMANT:
COUNTY OF SAN BERNARDINO
Risk Management Division
777 East Rialto Avenue
San Bernardino, CA 92415
2. NOTICE OF CLAIM SHOULD BE SENT TO:
MacLachlan, Burford S Arias
A Law Corporation
150 West Fifth Street, Suite 103
San Bernardino, CA 92401
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
OR TRANSACTION WHICH GIVES RISE TO THE CLAIM:
Certain portions of the County of San Bernardino
experienced severe rainstorms during the months of December, 1982
and January and February, 1983. A lawsuit was filed by plain-
tiffs ROY V. RATLIFF and DANNIE RATLIFF against the COUNTY OF SAN
BERNARDINO and others under San Bernardino Superior Court case
number OCV 32032 requesting damages and naming the claimant here-
in as a defendant. Defendant, COUNTY OF SAN BERNARDINO, was
served with said Complaint on October 25, 1983.
Z
MACLACHL:IS. BIWORD & ARIAS
C�
City of Rancho Cucamonga
November 23, 1983
Page Two
4. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION,
INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IT IS KNOWN
AT THE TIME OF THE PRESENTATION OF THIS CLAIM:
Claimant has been required to retain the services of
attorneys and has incurred expenses in connection with this
matter; claimant has also incurred potential liability to the
plaintiffs, ROY V. RATLIFF and DANNIE RATLIFF, which cannot be
determined until such time as the matter is resolved by settle-
ment, judgment or verdict.
5. NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES
CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN:
Specific identities are unknown at present but are
believed to be the CITY OF RANCHO CUCAMONGA, its agents and
employees.
6. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS •
CLAIM•
(a) Attorneys' fees and costs in an undetermined
amount.
(h) -he estimated amount of prospective injury and
damages is not ascertainable at this time but would include con-
tinuing leaal fees and costs incurred in defending the litigation
filed by the plaintiffs and any liability incurred by the claim-
ant as a result of the resolution of the litigation filed by the
plaintiffs.
DATED: November 23, 1983, MAC LACHLAN, BURFORD 6 ARIAS
By:' Cii RIST01'11ER J. WARNER
CJW:kam
0
•
D
CITY OF RANCHO CUCAMONGA
MEMORANDUM
Date: December 7, 1983
To: City Council
From: Finance Director--_.]
Subject: Reserve Designations
Y,^
IF
_ 7
D
io I
During the budget process it was decided to use $171,099 of interest
earnings made by investments of Reserves to balance the City Budget. As
a result it left $889,938 of Reserves undesignated. To be consistant with
the requirements of Proposition 4 ( %111 B ), it is necessary to designate
all Reserves to some purpose. That purpose, it was decided when X111B
passed, would be a category called Changes in Economic Conditions. Therefore,
it will be necessary to designate the $889,938 into the category of Changes
in Economic Conditions.
Also, due to certain reporting requirements and Cash Reserve requirements
that force cities to have large gums of available cash tied up in insurance,
it will be necessary to transfer the Insurance Fund to the General Fund and
close the Insurance Fund. In order to protect the integrity of our insurance
program, it is suggested that the Insurance Fund (30) fund balance be trans-
ferred to Reserves. Attached is a sunmiary of the Reserves with approval of
the recommendation.
RECOKMENDATION:
It is recommended the Insurance Fund fund balance be transferred to the
General Fund Reserves, and that the Insurance Fond be closed. Also, that
$889,938 of undesignated Reserves be designated as part of the Reserves for
Changes in Economic Condition. Leaving a balance of $171,099 to be used to
balance the 1983 -84 Budget.
Also, in order to clarify the position of the City's Reserves, it is
recommended that the designation of available Reserves be as follows:
Changes in Economic Conditions $2,609,677
City Facilities 575,000
Insurance 195,353
Park Development _ _150000
TOTAL $3,530,030
3q
L J
CITY OF RANCHO CUCAMONGA
RESERVE STATUS
AS OF 10115/1983
Total Reserves Available
Reserve Designations
Changes in Economic Conditions $2,609,677
City Facilities 575,000
Insurance (Self - Funded) 195,353
Park Development 150,000
TOTAL
Cash Position
Total Designated Reserves $3,530,030
Loan to Rancho Cucamonga
Redevelopment Agency 2,000,000
$1,530,030
$3.530.030
$3,530,030
J
7
v,aaa Vr neuv v.nv uvv.aunVavVn ,C,W�vMp�
MEMORANDUM
November 30, 1983
To: City Council and City Manager F C cICC
From: Bill Holley, Director, Community Services Department 19
Subject: Feasibility Study for Mello -Roos Community Facilities Act
Attached are the proposals of the three consulting firms that would be
necessary to put forth the bond issue:
Fieldman, Rolapp 6 Associates ... Bond Consultant
Willdan Associates ... Bond Engineer
Best, Best and Krieger ... Bond Counsel
Getting to the bottom line immediately, if the election is successful,
the initial pre - election service of the three listed firms could be
covered iaom the proceeds of the Bond sale . if the election fails,
we would owe $28,000 + /- to the consultants for services rendered.
The biggest chunk of the $28,000 ($15,000 + / -) would be owed the Engineer
as the majority of his work is done up front.
There is really not much to add to what the three proposals present. While
it is expensive, it seems to be the price of doing business.
If you would like additional information, please let me know
BH /mw
3�
Fieldman, Rolapp & Associates
"ICIPAI FINANCIAL CONSULT ANTS
Novenber 1, 1983
Honorable Mayor and
City Council
City of Rancho Cucamonga
Post office Box 807
Rancho cucamorya, California 91730
Pe: Municipal Financial Consultant Services
Caminity Facilities Act of 1982 Financing
Gentlemen=
Pursuant to a request from William L. Holly, Director of Commnity
• Services bepartrtent, we are pleased to sutrnit this letter proposal for
municipal financial services to be performed in conjunction with the
financing of the development of Heritage Park (approximately 40 acres)
and Red Hill Basin Park (approximately 48 acres) and ongoing mr,intenance
costs ( "Project "). We understand that the financing will be ac=rplished
through the provisions of the Conmatity Facilities Act of 1982 ("Mello-
Roos") . it is anticipated that a Cannnrity Facilities District (s) will be
formed pursuant to subject legislation. Subsequent to such formation,
if a ballot proposition authorizing the levy of a special tax, as well
as the authorization to incur horded indebtedness is approved, it is
contemplated that bands will be sold to finance the Project. Further,
it is contemplated that a special tax would be levied ananally to provide
funds for the maintenance of subject Parks.
our services can be divided into two phases. Phase I will include
a preliminary survey with your City Council, staff, and bond counsel for
the purpose of making a preliminary survey of the Project and to assist
in the formulation of a coordinated plan to finance the Project. Phase
I will also include the preparation of a financing report which will set
forth the estimated capital and incidental costs of the Project, an
estimate of annual costs that would be required to pay principal and
interest on any proposed financing. Additionally, the report would
provide information to assist the City in determining the basis and
amount of the special tax levy.
The third part of Phase I would involve meetings with property
owners and taxpayers to explain the effects of the proposed financinq.
9001 8nelnsu Cearer Drlre, Bulge 800 Irvine, CaiifOrnie 92716 • (714) 708.2781
Honorable Mayor and
City Council
City of Panda Curamoriya
November 1, 1983
Page 2t o
PHASE II
Phase II iwluies services to be performed in oon7uction with the
marketing of bonds issued pursuant to the Camunity Facilities Act of
1982 as follows:
A. Municipal Bond Market
Furnish the City with information concerning mmicipal bond market
conditions and make recommendations as to the technical details of
the financing, including maturity schedules, funds, covenants, and
other details which will, in our opinion, make the proposed financing
most acceptable to prospective purchasers and therefore marketable
at the lowest possible interest rate.
. B. Sealed Competitive aid
At the direction of the City, assist the City in calling for
competitive bids.
a) Official Statement ("Statement") . Accumulate and
owpile into a Statement econanic, financial., and statistical
data pertaining to the proposed financing, which Statement
shrill be satisfactory to you. The Statement will include the
Official Notice of Sale.
b) Doe Diligence Meetings. Prior to the production and
distributi&Fof any Statement, the City agrees to hold a due
diligence meeting to verify the accuracy of the data contained
in the Statement and make full disclosure of all pertinent
information concerning the aoonomy and finances of the City.
W will participate in such doe diligence meeting and assist
you in the enmminaticn of pertinent financial data.
c) Production of the Statement. Under the supervision
of the City, cause to san. Statement.
d) Distribution of Statement. Distribute copies of the
Stateent to msiicnpal born underwriters known to have an in-
terest in the type of bonds contemplated hereunder.
3�
•
Honorable Mawr and
City Council
City of Rancho Cusmmomga
November 1, 1983
Page Three
e) Updating of Statement. In the enent the authorized
fi' inrg ie sold fn sore than one sale, we will update and
distribute copies of the revised Statement in accordance with
B.a), B.b), B.c), and B.d), above.
f) oon4ultation/I ice. Attend any meetings concerning
the Project when deemed necessary and, in addition, be avail-
able for consultation and advice until such time as the bonds
issued to finance the Project have been sold.
9) Contact of Bond Underwriters. Make direct contact
with a select number of underwriters in an effort to
stimulate bidding on the bonds.
h) THE BCND BUYER Ad. Place an advertisement in THE
• BOND BUYEF arnouncug the offering offering of the bond issue prior to
the time bids are received for such issue.
i) Attendance at Bond Sales. Attend meetings of the
District at wduch buds for Riigare received for the purpose
of assisting in the Computation and evaluation of such bids.
C. Attendance at Bond Closing
we will compute closing figures, including accrued interest, and
assist in the coordination of events of the closing.
D. Table of Debt Service
After the bonds have been delivered, we will prepare and furnish
the City a Table of Debt Service which will set forth actual seni-
annual and aruaual payments of principal and interest due on the
bonds.
At the bond closing, the City agrees to furnish the successful
bidder a certificate, signed by the appropriate officials of the City,
acting in their official capacity, to the effect that to the best of
their knowledge and belief, and after reasonable investigation, a)
neither the Statement nor any amnndtTent or supplement thereto contains
any untrue statement of a material fact or emits to state any material
i9
9 ;ni { -1; Fin it 1 1 ]'! ;r,i,
G
I
Honorable Mayor and
City Council
City of Rancho Cucamonga
November 1, 1983
Page Four
fact necessary to make the statements therein, in light of the cir-
cumstances in which they were made, mnt misleading; b) since the date of
the Statement, no event has occurred which should have been set forth in
such an amer,± +mot or supplement; nor c) has there been any material
adverse change in the operation or financial affairs of the City since
the date of such Statement.
FEES
For all services to be rendered Under Phase I, the City will Pay US
a fee for the preparation and submission of the financing report based
upon our current hourly rate of $85 not to exceed $2,750. For the
balance of the work to be performed under Phase I, the City will pay us
a.i additional fee based upon our current hourly rates of $85 not to
exceed $2,750. Fees based on our hourly rates shall be billed monthly
and payable within thirty (30) days of receipt of such billing.
For all services to be rendered tinder Phase II, the City agrees to
pay us a fee as follows:
One Percent (18) of the first Three Million Dollars Ear value of
each sale of bonds sold to finance the Project; Three - barters of
One Percent (3 /4Y) of the next one Million Dollars par value of
each sale of bonds sold to finance the Project; (rte -Half of One
Percent (1/2 %) of the par value of each sale of bonds sold to
finance the Project in excess of tour Million Dollars, provided
that the min fee for the work under Phase II shall be $12,500
for each sale of bonds. It is understood that this fee will be
payable from the proceeds of each sale of bonds.
In the event the Project is abandoned prior to the completion of
the financing, the City agrees to pay us a fee to the reasonable value
of services rendered for Phase II of the Project, not to exceed $12,500.
Reasonable value for our services shall be determined by using our then
current hourly rates. The attached schedule sets forth our present
hourly rates.
Honorable Mayor and
City Council
City of Pancho Cucannnga
Novetber 1, 1983
Page Five
This agreenent contevvlates that we will pay all of our out -of-
pocket expenses except expenses incurred in connection with paragraphs
B.c). B. d) , B. e) , and B. h) , above. In addition, if it is possible to
obtain a rating on the bonds from Stardard 6 Poor's corporation and/or
Moody's Investors service and/or if municipal bond insurance is available
the City agrees to pay for the costs of such rating and insurance.
Further if travel outside of Southern California is authorized by the
City, the City agrees to pay the cost of such travel and expenses con-
nected therewith.
PAyME2Sf
a) Paynent for all services rendered in cc— : On pursuant
• to Phase I above shall be due and payable as set forth above.
b) Payumnt for all services rendered and expenses incurred
pursuant to Phase II above shall be paid fmn the proceeds of the
conterVlated bonds within forty -five (45) days follo+ing the sale
of such brnds to a bona fide purchaser.
1J
c) In the event of abandm t of the Project, abardonn=t
fees (as set forth above) shall be due and payable ixmediately
after such abandoment.
TP.PMS
This agreenent shall remain in full force and effect until such
time as the Project has been mopleted cr until the City rhs.^donvs the
project, whichever shall first occur.
It is expressly understood that this agreenent does not intend to
and is not under any circwnstances to be construed as recrxirino us to
perform any services which constitute the practice of law; we are
eWloyed in an expert financial advisory capacity only.
4
0
Honorable Mayor and
City Council
City of Rancho Qicamnga
November 1, 1983
Page Six
If the foregoing proposal is satisfactory m you, please take
appropriate action to authorize its acceptance by signing and returning
the duplicate copy hereof.
WIZ: rs
Attachment
•
ACCEPTANCE:
30
Respectfully su>bnitted,
FIE1[! /DHAN, FCIAP , 6 ASSOCIATES
Executed on behalf of the CTPY OF RANCHO QxAMDWCA this _ day
of 1983.
Attest:
F' . i
• Fieldman, Rolapp & Associates
MUNICIPAL FINANCIAL CONSULTANTS
r 1
U
EF=IVE JULY 1, 1783
Principals of the Firm
Technical Pssis.dnts
$85.00 Per Hour
$45.00 Per Hour
4{ �
2081 Business Center Drive, Suits 203 Irvine, California OR715 • (714) 768¢781
7--\ WILLDAN ASSOCIATES ❑
9 November 1983
City of Rancho Cucamonga
9320 Baseline Road
Rancho Cucamonga, California 91730
Attention: Mr William L. Holley
Director, Community Services Department
Subject: Mello Roos Park Development District
Dear Mr Holley:
Willdan Associates appreciates the opportunity to submit this proposal
for providing engineering services toward the establishment of a Com-
munity Facilities District in the City of Rancho Cucamonga under the
provisions of the Mello Roos Community Facilities Act of 1982.
• Inasmuch as this is a new Act without experienced history, it would be
well that I set forth what I believe the engineering services would
consist of,
1, The engineer should be instrumental in establishing the boundary
inasmuch as it is likely that the taxinn method will not be indepen-
dent of the boundary.
2. Develop a taxing formula which can be implemented using the
information on the San Bernardino County Assessor's computer
tapes. This formula must be simple to understand, yet have the
necessary features to adapt to land use changes as they occur.
Special tax amounts would be tied to Assessor parcel numbers
which could then be transferred to computer tapes utilized by the
County tax collector.
Prepare an "engineer's report" which would contain a map of the
proposed district, set forth the method of levying the tax in a
manner easily understandable by the voters, set forth the im-
provements proposed, and such other information as required by
the City or bond counsel,
IJ ;,
290 S ANAHEIM BOULEVARD. SUITE 106 ANAHEIM, CALIFORNIA 92805. (714) 774-5740.(213) 924-1631
• City of Rancho Cucamonga
Mello Roos Park Development District
It would be suggested that all of these methods be firmly established
prior to the election, but the actual computer runs would not be
required until after the special election,
Our fee for these services, which are mcrc specifically set forth in the
enclosed proposal, is $1.00 per parcel for pre - election services and
$0.50 per parcel to complete the district formation process after the
election, based on a minimum of 15,000 parcels.
Thank you for the opportunity to make this proposal to you. If there
is additional information which would be helpful to you, please call me.
Respectfully submitted,
William C. Stookey
L
Enclosurxs
1
• GENERAL
This proposal is for the services of Willdan Associates to assist the City
in the formation of a park development district under the provisions of
the Mello Roos Community Facilities Act of 1982, cnftlnn 53311 et seq of
the Government Code.
The following Scope of Services presents an outline o the work tasks we
propose to provide in completing the project assignment for the City.
It should be noted that, under this proposal, the City is to make
available to Willdan Associates the following information or data:
1. Latest equalized Assessor's rolls for the entire City
2. Assessor's maps for the latest equalized Assessor's roll for the
properties within the district
3. A reproducible map of the City, or if the entire City is not within
the district, a map of the area to be included
4, A list of multiple- family dwellings by street address or Assessor's
• parcel number indicating the number of dwelling units per parcel
5. If required, the location by street address or Assessor's parcel
number of the public utility properties, other than easements and
rights-of -way, within the City
6. The amount to be raised annually by the special tax.
• SCOPE OF SERVICES
In conjunction with the possible formation of a park development district
under the provisions of the Mello Roos Community Facilities Act of 1982,
Willdan Associates will:
Prior to Election:
Obtain, with the assistance of the City staff, from the County
Assessor's office, the computer tape which lists all parcels within.
the City. The tape will be converted to a disk compatible to
Willdan's computer.
Utilizing the information and maps furnished by the City, prepare
a district boundary map.
3. By utilizing the total dollar amount to be raised annually as fur-
nished by the City and formulae agreed to by the City staff,
establish a special tax for residential, commercial, industrial, and
• institutional parcels, Individual tax will not be computer run at
this time.
4. Prepare
an engineer's report which includes
formulae for the
special
tax and estimated special tax for each
land use category.
Review
with City staff and revise as directed.
S. Present
engineer's report, if necessary, at a
City Council work
session.
Revise report as directed and submit for Council action.
6. Attend
City council meetings as required.
Modify engineer's
report,
if appropriate.
7. Attend
meetings with the public as required.
Subsequent to Election:
Using formulae detailed in engineer's report, determine the special
tax for each parcel. The County Assessor's parcel num"rs will
be used to identify the parcels.
,*2
0
•
11
2. Transfer taxing data onto a tape compatible to the County
computer for entering individual assessments onto tax bills.
3. File diagram map and special tax roll with the appropriate County
office.
4. Provide the City with one bound copy of the special tax roll,
maps, and final engineer's report.
Honorable Members of
the City Council
Citv of Rancho Cucamonga
9320 Base Line Road, Suite C
Rancho Cucamonga, California 91730
Attention: William L. Holley, Director
. Community Services Department
Re: Proposal Regarding Performance of
Bond Counsel Services in Connection with
Mello -Roos Community Facilities Act
Proceedings and Compensati "n Therefor
Gentlemen:
For purposes of providing legal and bond counsel
services to the City of Rancho Cucamonga (the "City ")
in connection with the formation of a proposed Mello -Roos
Community Facilities District to finance the development
of local park and recreation facilities and proceedings
necessary thereto including the issuance and sale of bonds,
the firm of Best, Best 6 Krieger (the "Attornevs ") agrees to
perform the following legal services:
Legal. Services:
We will advise the City in regard to the proceedings
for the organization and establishment of a community
facilities district under proceedings conducted pursuant
to the Mello -Roos Community Facilities Act (the "Act ").
E
1.. O «ICES O•
..<..<, :•..
BEST, BEST 6 KRIEGER
nu• s•ww -. omcL
c
+200 oR.N CE srREn
•n s..,,.� _ .• ozz oz
-
a n eo. o2e
eye azx ze<
Honorable Members of
the City Council
Citv of Rancho Cucamonga
9320 Base Line Road, Suite C
Rancho Cucamonga, California 91730
Attention: William L. Holley, Director
. Community Services Department
Re: Proposal Regarding Performance of
Bond Counsel Services in Connection with
Mello -Roos Community Facilities Act
Proceedings and Compensati "n Therefor
Gentlemen:
For purposes of providing legal and bond counsel
services to the City of Rancho Cucamonga (the "City ")
in connection with the formation of a proposed Mello -Roos
Community Facilities District to finance the development
of local park and recreation facilities and proceedings
necessary thereto including the issuance and sale of bonds,
the firm of Best, Best 6 Krieger (the "Attornevs ") agrees to
perform the following legal services:
Legal. Services:
We will advise the City in regard to the proceedings
for the organization and establishment of a community
facilities district under proceedings conducted pursuant
to the Mello -Roos Community Facilities Act (the "Act ").
E
RIVERSIDE. CALIIOR NIA p2S D2
�
LL ICaMONE'Li +I pB6 i.en
.. • car .
c
November 15, 1983
Honorable Members of
the City Council
Citv of Rancho Cucamonga
9320 Base Line Road, Suite C
Rancho Cucamonga, California 91730
Attention: William L. Holley, Director
. Community Services Department
Re: Proposal Regarding Performance of
Bond Counsel Services in Connection with
Mello -Roos Community Facilities Act
Proceedings and Compensati "n Therefor
Gentlemen:
For purposes of providing legal and bond counsel
services to the City of Rancho Cucamonga (the "City ")
in connection with the formation of a proposed Mello -Roos
Community Facilities District to finance the development
of local park and recreation facilities and proceedings
necessary thereto including the issuance and sale of bonds,
the firm of Best, Best 6 Krieger (the "Attornevs ") agrees to
perform the following legal services:
Legal. Services:
We will advise the City in regard to the proceedings
for the organization and establishment of a community
facilities district under proceedings conducted pursuant
to the Mello -Roos Community Facilities Act (the "Act ").
E
,.nw orncce or
BEST. BEST & KRIEGER
• Honorable Members of the City Council
City of Rancho Cucamonga
November 15, 1983
Page Two
being Division 2 of Title 5 of the Government Code, to
be financed by bonds issued pursuant to the Act, including
the formation of the District, the conduct of the election,
the levy of the special tax, and the issuance and sale of
bonds, and will prepare all ordinances, resolutions,
notices, bond forms, and other documents required in the
proceedings. We will also examine all proceedings step
by step as taken. The Attorneys will also attend any
meeting in which substantive action in connection with
the proceedings is to be taken, including any meeting with
prospective underwriters and purchasers regarding sale and
delivery of bonds.
When the bonds are sold, and subject to the completion
of proceedings to the Attorneys' satisfaction, the Attorneys
will provide the legal opinion of Best, Best & Krieger,
A Partnership Including Professional Corporations, approving
in all regards the legality of all proceedings for
the authorization, issuance, sale and delivery of the bonds,
• and the exemption of interest on the bonds from Federal
and State personal income taxation in accordance with
applicable regulations.
The services to be rendered will not include any services
in connection with the acquisition of property by contract,
or in connection with validation or condemnation suits,
if such suits be filed to validate any proceedings hereunder
or to acquire any property or easement proposed to be
taken. The services to which the fees under the following
schedule apply do not include any services or opinions
in connection with the letting of cash contracts, any
services or opinions in connection with any proceedings
subsequent to the levy of the initial assessment and the
sale of bonds resulting therefrom, or any services in connection
with any litigation.
11
Compensation:
For legal services rendered with respect to these
proceedings the Attorneys will be paid a fee which will be the
greater of 7,500 or an amount determined in accordance
with the following, schedule, the amount to which
the following percentages are applied being the
c �,
LAW OI III CI O
BEST.BEST 6 KRIEGER
• Honorable Members of the
City of Rancho Cucamonga
November 15, 1983
Page Three
City Council
amount of bonds authorized and sold:
Amount
Under $1,000,000
over $1,000,000 and
Under $5,000,000
over $5,000,000
Fee
1%
1/2 of 1%
1/4 of 1%
The fee will be payable upon the issuance of the
bonds, or, if bonds are not issued, upon levy of the
special tax. In the event the bonds are not issued, the
Attorneys will be paid a reasonable fee, to be mutually
agreed upon, based upon the applicable hourly rates of
the attorneys in the firm undertaking the work prior to
abandonment. Said fee shall be payable from bond proceeds,
special tax proceeds or other advances and not otherwise.
• If other services are requested by the City which
are not within the scope of those outlined above, they
will be performed on a time basis at the hourly rate
of the attorneys involved; provided, however, there
shall be no additional compensation due the Attorneys under
this paragraph without prior approval to perform such services.
In addition to the above fee, we would expect to
be reimbursed for any ouc -of- pocket expenses incurred by
us on behalf of the City in the course of our employment,
such as long distance telephone calls, telegrams, messenger
and delivery services, travel at the request of City officials,
duplicating, computer time and the like. It is understoud
that the Attorneys are to order the printing of the bonds
for the account of the City, and the bills for bond printinv
work will come directly to the City and will be paid from bond
proceeds.
Scope of Employment:
City and the Attorneys recognize that the Attorneys
may represent clients who from time to time have interests
adverse to the City, or clients whose interests are or may
be affected by the formation of a community facilities district.
2
LwW OffIC F!10♦
BEST, BEST o KRIEGER
• Honorable Members of the City Council
City of Rancho Cucamonga
November 15, 1983
Page Four
The Attorneys reserve the right to represent such clients
in matters not connected with the community facilities
district which is the subject of this Agreement.
TERMS OF EMPLOYMENT APPROVED
THIS DAY OF
1983,—
• CITY OF RANCHO CUCAMONGA
By:
mayor
P
Respectfully submitted,
BEST, BEST S KRIEGER
N
E
•
z'D
CITY OF RANCHO CUCAMONGA
STAFF REPORT
December 7, 1983
TO: City Council and City Manager
FROM: Robert A. Rizzo
Assistant to the City Manager
.'�clCAMON-
SUBJECT: Approval of Agreement with Telecommunications Management
Corporation foi Cable Television Consultant Services
As you are aware, the City Council s� its November 16, 198; meeting, approved
the CATV Subcommittee's selection of Telecommunications Management Corporation
(TMC) to provide CATV consultant services, pending ratification of an
agreement.
Attached is an agreement for CATV consultant services between the City of
Rancho Cucamonga and TMC. This agreement establishes the scope of work to be
performed by TMC and sets forth a work and payment schedule.
Two noteworthy items of this agreement are the time schedule calls for
specific tasks to be completed and the distribution of a request for proposal
(RFP) to provide CATV services within the next ninety (90) days. Also, the
consultant will not receive any payment from the City until such time as the
city has collected fees from CATV companies bidding on a franchise.
The City Attorney has written and approved the form of this agreement. Also,
TMC's president, Carl Pilnick, has agreed to the terms of the agreement.
RAR:mk
Attachments
AGREEMENT FOR CATV CONSULTANT SERVICES
AGREEMENT entered into as of the ____ day of
December, 1983, by and between CITY OF RANCHO CUCAMONGA, a
municipal corporation of the State of California, herein-
after referred to as "City," and TELECOMMUNICATIONS
MANAGEMENT CORPORATION, a California corporation, herein-
after referred to as "Consultant."
R E C I T A L S
WHEREAS, the City of Rancho Cucamonga requires expert
advice pertaining to all aspects of CATV, as more fully set
forth in the Scope of Work, a copy of which is attached
• hereto and incorporated herein by reference as Attachment 1;
and
WHEREAS, Consultant represents that it is qualified and
able to render such expert advice to City;
NOW, THEREFORE, in consideration of the mutual
covenants and conditions hereinafter set forth, the parties
hereto do agree as follows:
1. Engagement of Consultant_by City. City hereby
engages Consultant to perform the consulting services
described in Attachment 1, and Consultant hereby accepts
such engagement all in accordance with and subject to the
terms, conditions and provisions of this Agreement.
2. Scope, of Consultant's Work. Consultant shall
provide all consulting services to City necessary with
1
0
respect to the various tasks set forth in Attachment 1
herein, and Consultant shall also provide City with a report
on the status of existing CATV systems operating within the
City and recommendations of alternative courses of action
with respect to such existing systems.
Consultant's obligations hereunder shall continue
until all tasks specified in Attachment 1 are completed, or
until the City determines to discontinue efforts to grant a
franchise based upon the applications received in response
to the request for proposals prepared by Consultant, or
until the City otherwise discharges Consultant from any
• further performance.
3. Schedule of Work. Consultant shall complete the
designated tasks in accordance with the schedule set forth
in Attachment 1, provided, however, that (1) the franchise
enabling and regulatory ordinance referred in Task 2 shall
be ready for a first reading by the City Council at its
regular meeting on February 1, 1984, (2) franchise applica-
tions will be ready for dissemination by February 15, 1984,
and (3) the report and recommendations re existing CATV
systems shall be completed by February 1, 1984. It is
agreed that time is of the essence in the performance of
this Agreement,
2
4. Payment Schedule.
Notwithstanding
section IV
of
Attachment 1,
Consultant
shall not invoice
the
City
for
Tasks 1, 2, 3
and 4 until
such time as the
City
receives
2
0
payment from bidders' fees or from the company or companies
receiving a CATV franchise, sufficient to cover the fees of
Consultant, provided, however, that in the event the City
causes a substantial delay in the awarding of a franchise,
or the City terminates this Agreement, this paragraph shall
be of no further force and effect
>. Personnel. Mr. Carl Pilnick, President of
Consultant, shall be the Principal Consultant for the
performance of this Agreement, with direct resoonsibility
for all tasks. Support shall be provided by other personnel
of Consultant's staff as require G. All documentation pre-
ispared by Consultant hereunder shall represent the pro-
fessional opinion and expertise of Mr. Pilnick. Mr. Pilnick
shall make every reasonable effort to personally represent
Consultant in all meetings with City and shall make
appearances before the City Council, the City's CATV
Franchise Advisory Committee, or such other persons or
entities.
5. Preliminary- Draft Reports to be Furnished City.
With regard to all written reports to be furnished to City
by Consultant in accordance with the requirements of
.Attachment 1 herein, Consultant shall first prepare and
submit preliminary reports or documents to City, for its
review and consideration. After such review by City staff,
City's CATV Franchise Advisory Committee, and /or City
3
0
Council, and consultation and revisions as necessary, final
reports and /or documents shall be submitted by Consultant.
7. Environmental Assessment. Consultant shall assist
City in reviewing and evaluating the environmental effects
and feasibility of mitigation measures and alternatives of a
specifically proposed franchise grant, as necessary for
nompliance with the California Environmental quality Act.
However, nothing in this Agreement shall obligate Consultant
to prepare a draft Environmental Impact Report in the event
such report is determined to be necessary.
S. Notice to Proceed with Phases. Consultant shall,
• after completion of each phase of work under this Agreement,
not �roceed with work on the next phase until he has
received written notice from City to do so.
i. Termination of Agreement. City may terminate this
Agreement either with or without cause at any time upon ten
(10) days' written notice to Consultant, payment shall
thereafter be made to Consultant on a pro -rata basis for all
work performed up to date of receipt of notice of
termination of Agreement.
10. Additional Services. In the event that City,
during the period of this Agreement, has the need of
Additional services of Consultant, not included in this
Agreement_, upon written authorization from City to perform
such services, Consultant shall provide them at rates to be
negotiated at that time, plus out -of- pocket travel costs as
4
authorized in advance by City.
11. Records. Consultant agrees to keep and maintain
proper books of record and accounts in which complete and
correct entries shall be made of payroll costs, travel,
subsistence, field and incidental expenses, Said books
shall be available at all reasonable times for examination
by City with respect to services performed under th ?s
Agreement.
12. Waiver of Performance. No waiver by City at any
time of the terms and conditions of this Agreement shall be
deemed or construed as a waiver at any time thereafter of
. the same or other terms or conditions or of any timely
performance of such terms and conditions.
13. Conflict of Interest, Consultant warrants and
represents that it presently has no interest, and shall not
acquire any interest, direct or indirect, which would
conflict in any manner or degree with the disinterested
performance of the services required to be performed under
this Agreement.
14, Non - Exclusive, City may engage the services of
any other consultant or consultants for additional advice,
analysis, evaluation or other matter pertaining to cable
communications and may make use of any material submitted to
it by Consultant under this Agreement for such purpose,
is. ownership, and r_onfidentialiC of Documents. All
5
•
documents, reports, data, and other material collected or
prepared by Consultant pursuant to this Agreement, both
originals and copies, shall be the property of City. All
such documents, reports and material collected or prepared
by Consultant, including any as may have been furnished to
Consultant by City or any member thereof, shall be confiden-
tial and shall. not be used by Consultant or made available
to any other entity or person except upon the prior written
consent of City or except as may be necessary to perform
Consultant's services to City under this Agreement.
16. Assignment. This Agreement and all rights and
• o'cligations described herein shall not he assigned,
delegated, or subcontracted by Consultant, except with
City's written consent. Any attempted assignment not so
consented to shall be void, and at City's option, shall
constitute a breach hereof, No subcontractors shall be
recognized as such, but, rather with respect to City, shall
be deemed employees of Consultant and Consultant shall be
fully responsible for all work performed thereby.
17. Independent Contractor. Consultant is, and shall
at all times remain, an independent contractor. Nothing
contained in this Agreement shall be construed as creating a
relationship of employment or agency between Consultant, or
any of its agents or employees, and City, or any of its
members, for any purpose whatever.
19. Indemnification, Consultant hereby agrees to
6
0
defend, indemnify, and hold harmless City, its officers,
agents, representatives and employees from any and all
liability or loss and from any and all suits, actions or
claims filed or brought by any person or entity which relate
to or are in any way connected with or arise out of this
Agreement, and agrees to defend, at its sole expense
including attorney's fees.
19. Applicable Law. This Agreement shall in all
respects be governed by the laws of the .State of California.
In case of conflict between this Agreement and Attachment 1
hereto, this Agreement shall prevail,
• 20. Non-Discrimination. During the term of this
Agreement, Consultant agrees, in accordance with section
1735 of the Labor Code of the State of California, not t�
discriminate against any emplovee, or apnlication for
employment, because of race, religious creed, color,
national origin, ancestry, physical handicap, medical
condition, sex, or marital status. Consultant will he
responsible to assure that applicants are employed and that
employees are treated during employment, without regard to
their race, religious creed, color, national original,
ancestry, o'iysicai handicap, medical condition, sex or
marital status.
21. Licenses. Consultant warrants that it has all
necessary licenses and permits required by the laws of the
7
United States, State of California, and all other
appropriate governmental agencies, and agrees to maintain
these licenses and permits in effect for the duration of
this Agreement.
22. Copies of Reoorts and Documents. with respect to
any reports, documents or other written material to be
furnished by Consultant to City hereunder, Consultant, at
its sole expense, shall furnish City with not less than
one (1) reproducible and ten (10) bound copies thereof. The
costs thereof are included in the compensation provided by
this Agreement.
• 23. Notices. All correspondence, and notices required
or contemnlated by this Agreement, shall be delivered to the
respective parties at the addresses set forth below and are
deemed submitted one day after their deposit in the United
States mail, postage prepaid:
City of Rancho Cucamonga
Attention: Assistant to the City Manager
P. O. Box 807
Rancho Cucamonga, CA 91730
Telecommunications Management Corp,
5757 Wilshire 30ulevard
Suite 359
Los Angeles, CA 90036
24, Compliance—with—Law. Consultant shall, in
carrying out the provisions of this Agreement, comply with
0 all applicable local, State, and federal laws and
regulations pertaining to the work performed or covered by
8
•
this Agreement.
25. City Contact Person. The Assistant to the City
Manager, Robert Rizzo, or such other person as shall be
designated in writing, shall be the Project Coordinator on
behalf of City, and shall be the contact person for
Consultant for purposes of carrying out the duties of this
Agreement.
26. Liability Insurance. Consultant shall obtain and
maintain in force during the term of this Agreement a policy
of liability insurance in an amount, and with covered
occurrences and other terms and conditions, satisfactory to
• City.
The parties hereto have executed this Agreement the day
and year first appearing herein.
CITY OF RANCHO CUCAMONGA TELECOMMUNICATIONS MANAGEMENT
CORPORATION
,
___ 9Y:
MAYOR Carl PiInick, President
ATTEST:
BY: _
CITY CLEF.::
APPROVHD AS TO FORM
COVINGTON 6 CROWE
19 By —
CI Y A ORN
9
SCOPE OF WORK.
PROVISION OF CABLE TELEVISION CONSULTANT SERVICES
TO THE CITY OF RANCHO CUCAMONGA
1. GENERAL REQUIREMENTS
_ The Consultant shall provide consultant services to the
City of Rancho Cucamonga with respect to cable television imple-
mentation alternatives and related matters, with the obnective
of supporting the City in arrivinc at appropriate decisions.
rI, TASKS
The following tasks shall be included within the Scope
of Work:
Task 1 -- Planning and Feasibility Study and
Poircv Development
The Consultant shall conduct a planning and Feasibility
Study to analyze cable television policy issues and implementa-
tion alternatives and to support the City in its development
of cable television policy. The study shall include, but not
necessarily be limited to:
-- Analysis of community needs and priorities,
with respect to cable television and
communications services.
° Analysis of policy issues, including but
not limited to public benefit cable services,
regulations environment, technical standards
- and interconnection.
° Recommendations for establishment of
requirements and further action.
As part of the study, the Consultant shall meet with at
least the following groups, as appropriate, to obtain informa-
tion as to community needs and priorities, and to brief
individuals and groups on feasible cable Communications syster..
services and public benefits:
1
- 2 -
° City Council and staff
° City- appointed committees
° Representatives of potential user groups, such
as City departments, educational and health
care institutions, etc.
The end - product shall be a written report including all
basic data, evaluation, support material and conclusions.
_ After submission of the report, the Consultant shall partici-
pate in briefings, public hearinas, etc., to review the report
and its recommendations.
Task 2 -- Prefranchise Support
Based on the City's policy decisions, the Consultant
shall provide support to the City in all relevant prefranchise
policy analysis and preparation of appropriate documents,
including but not limited to:
° Establishment of City objectives and
minimum requirements for cable television.
° Preparation of a draft cable television
franchise enabling and regulatory ordinance.
° Preparation, for City approval, of all
franchise application documents necessary
for a competitive solicitation, including
detailed standardized application forms
that facilitate evaluation of applicants.
° Preparation, for City approval, of all
i� criteria and weighting .actors by which
the franchise applications will be
evaluated. These shall reflect the City's
stated requirements and priorities.
Task 3 -- Evaluation of Franchise Applications
i� The Consultant: shall perform an evaluaticn of the franchise
applications received by the City. The evaluation shall utilize
the criteria approved by the City, and shall employ a quantita-
tive rating procedure on all comparable items contained in the
franchise applications.
- 3 -
_ The evaluation report shall provide all details and
supporting rationale, and shall include:
A ranking of the applications evaluated.
_ An evaluation of the strengths and
weaknesses of each applicant.
Task 4 -- Advisory Support, Briefings and Franchise
Negotiation
Subsequent to the submission and review of the report for
Task 3, at mutually convenient dates, the Consultant shall
_ provide briefings of the evaluation findires to cognizant City
officials, staff and advisors. The Consultant shall attend
_ all relevant public hearings and meetings. The Consultant also
shall provide support to the City, as required, in necotiatinc
a `final franchise agreement with the selected applicant.
Task S -- Post- Franchise Support
Subsequent to the award of a franchise, the Consultant
shall provide support to the City, as requested, to monitor
system construction and review the compliance of the franchisee
with all franchise commitments.
III. SCHEDULE
Task 1 steal'.: be completed no later than 60 da::s after
1� authorization to proceed. Task 2 shall be completed wit, -in
30 days after approval of the Task 1 results. Task 3 shall
be completed no later than 45 days after receipt of applica-
tions, if 6 or fewer applications are received, or 60 days
1 i`_ more than 6 applications are received. Task 4 shall be
scheduled for the earliest dates mutually convenient. Task 5
tt shall be performed in accordance with City requests.
1�
IV. COST
The fees for Tasks 1, 2 and 4 is quoted on a firm, fixed -
price basis at $13,000, including expenses. The cost for
individual tasks, which may be authorized separately, is!
Task 1 -- $1,000
Task 2 -- $3,000
Task 4 -- $3,000
Task 5 -- Standard daily or hourly rates
at the time sub -tasks are
authorized
- 4 -
'or Task 3, the cost is dependent on the number of appli-
cations received as follows:
° First 3 applications -- 54,400 per application
° 4 -6 applications -- $4,000 per additional
acolication, above first 3.
7 or more applications -- $3,600 per
additional application, above first 6.
For Task 1, 2 and 4, the Consultant shall provide a
reproducible copy and 10 bound copies of all end - product
documents. The cost of additional conies, if desired, will
be quoted on request.
The Consultant shall invoice as follows:
• Task 1: 57,000 after completion.
• Task 2: $3,000 after completion.
• Task 3: 509 of total, upon receipt of
an_olications; 306 of total upon submission
of report; 209 of total upon completion
of Task 3.
• Task 4: $3,000 after completion
• Task 5: After completion of each sub- tasi:.
V. PERSONNEL
Mr. Carl Pilnick, President of TMC, shall be the Principal
Consultant, with direct responsibility for all tasks. Support
S hall be provided by other members of the TRC staff, as required.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 7, 1983
TD: City Council and City Manager
Lloyd B. Mubbs, City Engineer
BY: Paul A Rougeau, Senior Civil Engineer
��cn.sipk
SUBJECT: Agreements with Santa Fe Railway Co, and Daon Corp, for the
construction of a city street across a railroad spur in the Rancho
Cucamonga Business Park
The agreements presented here for approval provide for the construction of a
new city street across an existing raiispur in the Business Park under
development by the Daon Corp. The grade crossing created by this construction
and the protective devices required by the Public Utilities Commission must be
installed by the railroad at the expense of the City.
The first agreement attached herewith will obligate the developer, Daon Corp.,
to pay all expenses connected with t-he construction and to maintain the non -
railroad portion until acceptance by the City.
The second agreement is a Cost 6 Maintenance Agreement with Santa Fe
concerning the construction of the crossing. All City expenses mentioned in
this agreement are passed on to Daon via the previously described agreement.
This procedure is necessary because the Railroad will not enter into a Cost &
Maintenance Agreement with a private party.
RECWNDATION
It is recommended that City Council authorize the Mayor's signatures on the
attached agreements with oaon Corp. and the Santa Fe Railroad.
Respectfully submitted,
Attachments
E
I,i
AGREEMENT
THIS AGREEMENT made and entered into th „ _ day of
1983, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal
corporation, hereinafter referred to as "City" and DAON CORP., a Delaware
corporation, hereinafter referred to as "Developer ", provides as follows:
RECITALS
WHEREAS, there is attached hereto: Exhibit "A" a proposed Agreement,
hereinafter referred to as "Contract ", between The Atchison, Topeka and Santa
Fe Railway Company, hereinafter referred to as "Railroad" and the City for the
construction and maintenance of a grade crossing and crossing protection and
referred to as the Maple Place Crossing, hereinafter referred to as
"crossing ", across Railroad's spur from Lead No. 7;
WHEREAS, Developer desires that said crossing be built because the
same will improve access to and enhance the value of certain of Developer's
property in the City in the vicinity of the crossing;
WHEREAS, City is willing to enter the Contract only if Developer pays
all costs of constructing the crossing and agrees to in all respects, assume
and perform the obligations of City under the Contract and,
WHEREAS, Developer is willing to do the same.
NOW, THEREFORE, City and Developer agree as follows:
1. City shall execute and deliver to Railroad the Contract.
2. Within fifteen (15) days after written demand by City, Developer
shall deposit with City the sum of $122,552.00 which is the estimated cost
summary of work by Railroad forces. That sum shall be expended by the City in
the manner contemplated by the Developer. The City shall use its best
efforts, on behalf of the Developer, to cause crossing to be installed and the
Railroad to complete its work as soon as practicable.
1
n 2
3. Developer shall construct City's portion of said crossing,
according to the Contract, and in so doing shall in all respects comply with
all terms and conditions of the Contract. Developer shall pay, without
limitation, all costs of constructing crossing.
4. Developer shall require that each contractor of Developer engaged
for the purpose of constructing or mai ^.t +fining the crossing, or any part
thereof, execute and comply with all "contractor's agreements" which are
required by the Railroad, as well as comply with all terms and provisions of
the Contract.
S. Developer shall insure that each contractor engaged by Developer
for the construction or maintenance of the crossing, or any part thereof, has
the City named as an additional insured on each policy of insurance that the
contractor is required to furnish pursuant to the terms of the Contract.
• 6. Developer shall maintain the crossing according to the Contract
until acceptance of Maple Place into City's maintained street system,
7. Developer agrees to indemnify City against all costs, expense,
claims and liabilities for injury to or death of persons (including, but not
limited to, passengers and employees of Railroad and employees of the City;,
and damage to or loss of property (including, but not limited to, property
owned, leased, occupied or used by or in the care, custody or control of
Railroad or the employees of Railroad or City or the employees of City!,
however same may be caused, resulting from arising out of or in any way
connected with this agreement or the construction or maintenance of the
aforesaid crossing, whether or not caused or contributed to by an negligent
act or omisson on the part of any of City's agents or employees.
2
19
8, Should either party bring suit to compel performance of this
Agreement or to recover for breach of any covenant or condition contained
herein, the prevailing party shall pay reasonable attorney's fees in addition
to the amoant of judgment and costs.
9. Time is of the essence of the Agreement.
10. This Agreement may be modified or amended only by an instrument
in writing executed by both parties,
11, This Agreement shall be binding and shall inure to the benefit of
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day and year first above written.
DAON CO PORATION
by
CITY Or RANCHO CUCAMONGA
by
on Mi a s, Mayor
ATTEST:
Lauren . asserman, ,ty er
APPROVED AS TO FORM: ,
OCT 25 03
,ty orney
3
271.7(2 - 96,91 -C) -58
THIS AGREEMENT, made and entered into this day of
l9 , by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a
Delaware corporation, hereinafter designated "Santa Fe ", and the CITY OF
RANCHO CUCAMONGA, a municipality in the State of California, hereinafter
designated "City ".
W I T N E S S E S H:
WHEREAS, City desires to extend Maple Place, at grade, across industrial lead
Track No. 45 when authorized to do sa by the California Public Utilities Commission,
said crossing will be designated as Crossing No. 2- 96.91 -C, and;
WHEREAS, City has requested Santa Fe to construct the crossing and install
one (1) No. 8A cantilever-type flashing-light signal and one (1) No. 8 flashing -light
(signal as recommended by said Commission, which Santa Fe is willing to do.
NOW THEREFORE IT 1S AGREED:
1. Santa Fe will, at City's expense, prepare track to receive crossing material,
place 56 feet of full -depth timber planking; necessary paving and install one (1) No. FA
cantilever flashing-light signal on north side of crossing and one (1) No. 8
flashing -light signal on south side of crossing at the new crossing of Maple Place.
2. Work specified to be done in above Paragraph I by Santa Fe shall be done as
soon as practicable, considering availability of materials and manpower and, in
consideration thereof, City will pay to Santa Fe the actual total cost of work specified
in said Paragraph 11 presently estimated by Santa Fe to be ONE 9UNDRED TWENTY-TWO
THOUSAND FIVE HUNDRED FIFTY -TWO AND NO /100 DOLLARS ( {122,552.00).
J. Santa Fe shall submit to City a bill for ninety percent (902) of City's star^
of the estimated cost of project prior to commencement of work, which bill City agrees
to promptly pay. City shall pay the actual coat upon completion of audit, less credit
for the sum previously paid.
4. That all work covered by this Agreement shall conform to requirements of the
'Public Utilities Commission of the State of California.
r
• 5. After installation of railroad crossing warning signals and appurtenances under
terms of this agreement, Santa Fe &hall physically maintain same to long as they remain
in place. The maintenance coat of said signals and appurtenances shall be borne by City
in accordance with Section 1202.2 of the California Public Utilities Code.
6. Santa Fe will at its expense maintain that portion of the crossing lying
between tracks and between tails of the track and for two feet outside thereof.
7. City will at its expense maintain any street improvement within said crossing
other than specified to be maintained by Santa Fe in above Paragraphs 5 and 6.
IN WITNESS WHEREOF, THE CITY OF RANCHO CUCAMOMGA has caused these presents to be
executed and attested by its duly qualified and authorized officials pursuant to
authority regularly granted them by its City Council and THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as of the day and
year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COM'A.Y
oy-
It
CITY OF RANCHO CUCAMONGA
It
ATTEST: -- -,
APPROVED AS TO FO— RM�
City Clerk aH NOV `0M
or
NAMW Mi
•
DATE:
TO:
FROM:
BY :
SUBJECT:
nr,ry nc o a wirvn rnrAMr1NG A .•r.,,
STAFF REPORT
December 7, 1983
City Council and City Manager
Lloyd B. Hubbs, City Engineer
Richard Cota, Assistant Civil Engineer
r
Iq --
Approval of the Environmental Assessment Initial Study for the
Proposed Church Street Reconstruction Improvements
This report presents the Environmental Assessment Initial Study for the
proposed Church Street Reconstruction Improvements for City Council approval
and issuance of a Negative Declaration.
In conformance with the California Environmental quality Act and State
Guidelines, the attached document has been prepared to permit construction of
the above mentioned improvements. Said improvements generally entail the
removal and replacement of Asphaltic Concrete Pavement ana Portland Cement
Concrete curb, gutters and sidewalk as well as the new construction of
Portland Cement Concrete curbs, gutters, sidewalk and wheel chair ramps.
It is the Engineering Staff's findings that the proposed project will not
create a significant adverse impact on the environment and, therefore,
recommend adoption of said environmental assessment.
RECOMMENDATION
it is recommended that City Council approve the attached resolution approving
the environmental assessment and issuance of a Negative Declaration for the
proposed Church Street Reconstruction Improvements.
Res*LH ectfully submitted,
: jaa
Attachments
rI
RESOLUTION NO. 12- C1T03CR -"-
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL
ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE
DECLARATION FOR THE PROPOSED CHURCH STREET RECONSTRUCTION
IMPROVEMENTS BETWEEN HELLMAN AVENUE AND ARCHIBALD AVENUE
WHEREAS, the City Council of the City of Rancho Cucamonga has
reviewed all available input concerning the proposed Church Street
Reconstruction Improvements; and
WHEREAS, said improvements require an Environmental Assessment; and
WHEREAS, an Environmental Assessment Initial Study has been prepared
pursuant to the California Environmental Quality Act, as amended.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga does hereby resolve as follows:
SECTION 1: The City Council of the City of Rancho Cucamonga hereby
approves t e nvironmental Assessment Initial Study and issuance of a Negative
Declaration for the proposed Church Street Reconstruction Improvements.
SECTION 2: The City Clerk is directed to file a Notice of
• Determination pursuant to the California Environmental Quality Act.
PASSED, APPROVED and ADOPTED tnis 7th day of December, 1963.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, ,ty erk
jaa
11
_ D
ion D, Mike s, Mayor
• CITY OF RANCHO CUCAMONGA
INITIAL STUDY"
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $80.00
For all projects requiring environmental review, this
form must he completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the pubiic meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 1) The project will have no
environmental impact and a Negative Declaration will be
filed, 2) The project will have an environmental i „pact
and an Environmental Impact Report will be prepared, or
• 3) An additional information report should be supplied
by the applicant giving further information concerning
the proposed project.
PROJECT TITLE: CHURCH STREET RECONSTRUCTION IMPROVEMENTS
APPLICANT'S NAME, ADDRESS, TELEPHONE: CITY OF RANCHO _
f�MON ,A�9120 Base _I i.nE- Road -L 1) wc- 84Z�aachol uc amoo California 91730 91730 (714` 989 -1851
NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED
CONCERNING THIS PROJECT: Blanc W. Fra_nds en. Associatg Civil
Engineer. City of Rancho Cu camonga 972,1 Ba,e ling Road. P n Rgk-
807, Rancho Cucamonga, California 91730 (714) 989 -1851
LOCATION OF PROJECT (STREET ADDRESS Aft ASSESSOR PARCEL NO.)
Church Ayaax
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:
I -1
PROJECT DESCRIPTION
DESCRIPTION OF PROJECT: Street Reconstruction, localized
curb and gutter and sidewalk recon s,t,u tion
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING A::D
PROPOSED BUILDItIGS, IF ANY: 2.75 acres of pro.iect area
DESCRIBE THE ENVIRC%�'Z 7AL SETTING OF ThE PROJECT SITE
INCLUDING INFORI111ATION ON TOPOGRAPHY, PLA:7PS (TREES ?,
ANIMALS, ANY CULTURAL, HISTORICAL OR SCE\ZC ASPECTS, USE
OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF AN—
EXISTING STRUCTURES AND THEIR USE (ATTAC$ NECESSARY SHEETS):
The prpiect site y�, 1pya2eD�n. �tdevelydwll .rRSitleatiaLt,raci.. —�'i11
• recons rue ion improvements wit in t e project site wi_ 1 nott have a —
_sub�tpntial impact ob_]dPd_ce5 quttes oTan is or animals AdAit'ma.U.0 -
there are nc cultural. hi t�ri A,1 or s,ennic aspects to be signi'icactly
impacted.
11
Is the project, part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact?
z- �
WILT. THIS PROJECT:
• YES NO
_ X 1. Create a substantial change in ground
contours?
X_ 2. Create a substantial change in existing
noise or vibration?
3. Create a substantial change in demand for
municipal services (police, fire, water,
sewage, etc.)?
_ X 4. Create changes in the existing zoning or
general plan designations?
X 5: Remove any existing trees? How many?
_ X 6. Create the need for use or disposal of
potentially hazardous materials such as
toxic substances, flarmables or explosives?
Explanation of any YES answers above: Noise and vibration
• will incr a e the rpoiect site only for t<hV _J4ation ns
,pf , recetr,c
Lion. At the comple Lion of the project, noise and vibration levels
IMPORTAYr: I£ the project involves the construction of
residential units, complete the form on the
next page. NSA
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and
information required for this initial evaluation to the
best of my ability, and that the facts, statements, and
i:..ormation presented are true and correct to the best of
my knowledge and belief. I further understand that
additional information may be required to be submitted
before an adequate evaulation can be made by the Develo. -sent
Review Committee.
Date Nnvamhar 22 1(121 Signature
BLANE W. FRANDSEN
Title _
ASSOCIATE CIVIL ENGINEER
1-13
• RESIDMITIAL CONSTRUCTIOti
The following information should be provided to the City of Rancho Cucamonga
Planning Division in order to aid in assessing the ability of the
school district to accommodate the proposed residential development.
Nana of Developer and Tentative Tract No.: NfA
Specific Location of Project:
1. Number of single
family units:
2. Number of multiple
family units;
Date proposed to
bec4-, ccnstructica:
4. Earliest date of
Modn!
and E of Tentative
S. Dedror, -5 Price Rance
9
PHASE I P7 ?ASE 2 PHASE 3 rnASF 4 TC7; -:.
4
�v
Y_4
CITY Of RANCHO CUCAMONGA
PART II - INITIAL STCOY
ENPIROWENTAL CHECKLIST
DATE: Nov mber 2 1983
APPLICAS�r: CITY Of RANCHO CUCAMONGA -
FILI ^1G DATE: DeCeMbPr 7 198g LOG NUIMER: 06 -25 -74
PROJECT :,_& TnfPT orrnNCTR T1(1N IMPROVEMENTS
pRo1EcT LOCATIOE:Chur h Strree.t 3S_w3&n Hellman Avenue & Arch)baid Ave_nu�_
I, ES'CIRO� ^T-STAL 11TACTS
(Explanation of all "yes" and "maybe" answers are required on attacned
sheets).
YES `tAY3E;0
1. Soils and Geology. 17111 the proposal have
significant results in:
a. Unstable ground conditions or in changes in
h
geologic relationships?
—
b. Disru;,tfons, displacements, compaction or
k
burial of the soil? —
c, Change in topography or ground surface
contour intervals? —
d. The destruction, covering or modification
of any unique geologic or physical features? _
_ -_- X..,
e. Any potential increase in wind or Water
erosion of soils, affecting either an or off
site conditons? --
-----
f. Changes in erosion siltation, or deposition? —
— :--
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides, mud-
slides, ground failure, or similar hazards? _
.__- L-
b, An increase in the rate of extraction and/or
use of any mineral resource?
--
2. My6rolo . Nill the proposal have significant
results in:
YES MAYBE NM
a.
Changes in currents, or ti,e course of direction
of flowing streams, rivers, or ephemeral stream
channels?
%
b.
Changes in absorption rates, drainage patterns,
or the rare and amount of surface water
runoff?
K
C.
Alterations to the course or flow of tired
waters?
X
d.
Change in the amount of surface water in any
body of water?
M
e.
Discharge into surface waters, or any
alteration of surface water quality'.
f.
Alteration of groundwater characteristics?
%
g.
Change in the quantity of groundwaters,
Ch through direct additions or with-
drawals, or through interference with an
aquifer?
Quality'.
Quantity?
.
h.
The reduction in the amount of water other-
vise available for public water supplies'.
—
I.
Exposure of people or property to ..ter
related hazards such as flooding or seiches?
3, Air
Quality. Will the proposal have significant
results
in:
a.
Constant or periodic air emissions from mobile
or indirect sources?
,_ X
Stationary sources?
b.
Deterioration of ambient air quality and /or
interference with the attainment of applicable
air quality standards?
C.
Alteration of local or regional climatic
conditions, affecting air movement, moisture
or temperature'.
4, Btoc
Flora. Will the proposal have significant results
in:
a.
Change in the characteristics of species,
including diversity, distribution, or number
of any species of plants?
__ X
b.
Reduction of the numbers of anv unique, rare
K
or endangered species of plants?
c. Introduction of new or disruptive species of
plant= into an area?
d. Reduction in the potential for agricultural
production?
Fauna. hill the proposal have significant results
ir, :
a. Change in the characteristics of species,
including diversity, distribution, or numbers
of any species of animals?
b. Reduction of the numbers of any unique, rate
or endangered species of animals?
c. Introduction of new or disruptive species of
animals into an area, or result in a barrier
to the migtation or movement of animals?
d. Deterioration or removal of existing fish or
wildlife habitat?
5. population. hill the proposal have significant
results in:
• a. Will the proposal alter the location, distri-
bution, density, diversity, or growth rate of
the human population of an area?
b. Will the proposal effect existing housing, or
create a demand for additional housing?
F. Socio- Econonic Factors. Will the proposal have
significant results in:
a. Change in local or regional socio- economic
characteristics, including economic or
commercial diversity, tax. rate, and property
values ?.
b. Will project costs be equitably distributed
among project beneficiaries, i.e., buyers,
tax payers or project users?
7. Land Cse and Planning Considerations. Will the
proposal have significant results in?
a. A substantial alteration of the present or
planned land use of an area?
h. A conflict with any designations, objectives,
policies, or adopted plans of any governmental
entitles?
c. An impact upon the qulaity or quantity of
existing c.r.-Mptive or non - consumptive
recreational opportunities?
r
YES DLIYBE NO
IL
X
X
X
YES ?1AYBC. \,0
8. Transportation. Will the proposal have significant
results
in:
a.
Generation of substantial additional vehicular
movement?
%
b.
Effects on existing streets, or demand for
new street construction? K
c,
Effects on existing parking facilities, or
demand for new parking?
X
d.
Substantial impact upon existing transporta-
tion systems? V
X
e.
Alterations to present patterns of circula-
tion or movement of people and /or goods?
f.
Alterations to or effects on present and
potential water- borne, rail, mass transit or
air traffic? _
g.
Increases in traffic hazards to motor vehicles,
bicyclists or pedestrians^
9. Cultural
Resources. Will the proposal have
.
significant results in:
A.
A disturbance to the integrity of archaeological,
paleontological, and /or historical resources?
10. Health,
Safety, and Nuisance Factors. Will the
proposal
have significant results in:
a.
Creation 6' any health hazard or potential health
hazard?
Y
b.
Exposure of people to potential health hazards?
C.
A risk of explosion or release of hazardous
substances in the event of an accident?
L_
d.
An increase in the number of individuals
or species of vector or pathenogenic
organisms or the exposure of people to such
organisms?
x
e.
Increase in existing noise levels?
X__
f.
Exposure of people to potentially dangerous
noise levels?
X
g.
The creation of objectionable odors?
__ .y
h.
An increase In light or glare?
_�_._ ,k
YES 11A1B- SO
11, Aesthetics. Will the proposal have significant
results in:
a. The obstruction or degradation of any scenic
vista or view? V
v
X
b. The creation of an aesthetically offensive
site?
X
c. A conflict with the object' of designated
or potential scenic corridors? _
X
12, Ptilities and public Services. Will the proposal
have a significant need for new systems, or
alterations to the following:
a. Electric power? _
X
h. Natural or packaged gas?
X
C. Communications systems?
X
d. Water supply? _
X
._
e. Wastewater facilities?
X
_
f. Flood control structures?
g. Solid waste facilities?
X
h. Fire protection? _
X
i. Police protectinn?.
X
J. Schools'.
k. Parks or other recreational facilities?
1. Kaintenance of public facilities, including
roads and flood control facilities?
M. Other governmental services?
13. Enerp,v and Scarce Resources. Will the proposal
have significant results in:
a. Ise of substantial or excessive fuel or energy?
b. Substantial increase in demand open existing
sources of energv^.
c. An increase in the demand for development of
new sources of energy?
__
`
X
... Al, increase or perpetuation of the consumption
of non - renewable forms of energy, when feasible
renewable sources of energy are available?
i
YES :MAYBE NO
e.
Substantial depletion of any nonrenewable or
•
scarce natural resource? —
14. Mandator, Findings of Significance.
a
nr,ec the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of fish or wildlife species.
cause a fish or wildlife population to drop
below self sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b.
Does the project have the potential to achieve
short -term, to the disadvantage of long -term,
environmental goals-, (A short -term impact on the
environment is one which occurs in a relativaly
brief, definitive period of time while long-
term impacts will endure well into the future). X
c.
Does the project have impacts which are
individually limited, but cumulatively
considerable? (Cumulatively consider�h »
•
means that the incremental effects of an
individual project are considerable when viewed
in connection with the effects of past projects,
and probable future projects). L
d.
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly'. _ y_
I1. DISCl'SSIO\
OF Efll'IRMESTAL EVALUATION (i.e., of affirmative answers to
the above questions plus a discussion of proposed mitigation neasures).
6 b.
- project costs are equitably distributed among project beneficiaries
through the implementation of oasoline taxes.
8 b.
- This project will have an improving effect on the existing street
pavement, subgrade, curb d gutter and sidewalk.
e.
- This project will have an interim effect on the present patterns of
circulation of vehicles, people and goods for the duration of the
reconstruction period.
g.
- Increaases in the traffic hazards to motor vehicles, bicyclists
or pedestrians may occur during the reconstruction period, Such
hazards can be mitigated by proper warning signs.
10.e.
- Local noise levels will increase during the reconstruc :ion of Church
Street. These noise levels can be mitigated by restricting the hours
of operation of heavy equipment and the installation of noise attenuators
on said equipment.
II. DISCUSSION OF ENVIRONMENTAL EVALUATION
• 12. d.8 e.- This project may require alterations to water or waste water
facilities in the form of adjustment of water valve and
sewer manhole covers, respectively.
This project will provide curb, gutter& street improvements
on the north side of Church Street adjacent to the Cucamonga
Junior High School. An additional three (3) feet of street
right -of -way dedication will be required. School Bus
transportation will be impacted during the street reconstruction,
but may be mitigated by roadway detour signing.
Page 7
III. DETERMINATION
Associate Civil Engineer
Title
•
I
On
the basis of this initial evaluation:
.
�
I find the proposed project COULD NOT
have a significant effect
i X
on the environment, and a NEGATIVE DECLARATION
will be prepared.
I find that although the proposed project
could have a significant
effect on the environment, there will
not be a significant effect
1_J
in this case because the mitigation measures
described on an
attached sheet have been added to the
project. A NEGATIVE
DECLARATION WILL BE PREPARED.
find the proposed project MAY have a
significant effect on the
❑I
envirnment, and an ENVIRON^fENT FACT
REPORT is required.
Date
November 22. 1983
Signature
Associate Civil Engineer
Title
•
I
0
11
E
rTm nc o A vrvn rrrr n Unvr_ A
STAFF REPORT
DATE: December 7, 1983
TO: City Council and City Manager
FROM: Lloyd B. Hobbs, City Engineer
BY: Dave Blevins, Public Works Inspector
SUBJECT: Base Line Road Sidewalk Improvement Award of Contract
I4--
On Tuesday, November 22, 1983 at 10:00 am, the Deputy City Clerk opened sealed
bids for the Base Line Road Sidewalk Improvement at Hellman Avenue to 421'
westerly of Garnet Street.
The low bidder was Tri City Construction of Rancho Cucamonga. Tri City's
proposal was for $52,324.00. However in checking the proposal, a clerical
error was discovered which increased the actual total bid proposal to
$55,301.27.
Tri City Construction's bid amount is still lower than the next highest bid
proposal. A bid summary of bid proposals is attached.
REC"ENDATION
It is recommended that City Council award the Base Line Road Sidewalk
Improvement Contract to Tri City Construction, Inc. for the amount of
$55,301.27 plus a 10% contingency for a total not to exceed of $60,602.72.
Respectfully subm' ted,
LB : :jaa
Attachments
- 7.r
0
•
I
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 7, 1983
la--
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Intent _i Annex Tracts 12305 and 12077 -1 as Annexation No. 16 to
Landscape Maintenance District No. I
Tract 12305 located on the north side of 19th Street and the east side of
Hellman Avenue was approved by City Council on November 16, 1983.
Tract 12077 -1 located at the northeast corner of Almond and Carnelian Streets
was approved by City Council on April 7, 1982.
The lots for Tract 12077 -1 were included in Annexation No. 9. The area to be
maintained by the District is included in this annexation.
The resolution declaring the City's intent to annex the above described tracts
and setting the public hearing for January 4, 1984 is attached for signature.
Also attached for preliminary approval is the Engineer's Report for this
Annexation.
RECOWENDATION
It is recommended that City Council adopt the attached resolution approving
the Engineer's Report and setting the date for public hearing for January 4,
1984.
Re ectfully su itted,
LBUtBK:jaa
Attachments
H
RESOLUTION NO. 12..0E -07CR"
• A RESOLUTION OF THE CITY COUNCIL OF T "' CITY OF RANCHO
CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY
ENGINEER'S REPORT FOR ANNEXATION NO. 16 TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1
WHEREAS, on December 7, 1963, the City Council of the City of Rancho
Cucamonga directed the City Engineer to make and file with the City Clerk of
said City a report in writing as required by the Landscaping and Lighting Act
of 1972; and
WHEREAS, the City Engineer has made and filed with the City Clerk of
said City a report in writing as called for pursuant to said Act,* which report
has been presented to this Council for consideration; and
WHEREAS, said City Council has duly considered said report and each
and every part thereof, and finds that each and every part of said report is
sufficient, and that said report, nor any part thereof, requires or should be
modified in any respect.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as follows:
SECTION 1: That the Engineer's Estimate of the itemized costs and
expenses o sal work and of the incidental expenses in connection therewith,
• contained in said report be, and each of them are hereby, preliminarily
approved and confirmed.
SECTION 2: That the diagram showing the Assessment District referred
to and described—in said report, the boundaries of the subdivisions of land
within said Assessment District are hereby preliminarily approved and
confirmed.
SECTION 3: That the proposed assessment upon the subdivisions of
land in saiF-A—ssessment District in proportion to the estimated benefit to be
received by said subdivision, respectively, from said work and of the
incidental expenses thereof, as contained in said report is hereby
preliminarily approved and confirmed.
SECTION 4: That said report shall stand as the City Engineer's
Report for t�rposes of all subsequent proceedings, and pursuant to the
proposed district.
PASSED, APPROVED, and ADOPTED this 7th day of December 7, 1983.
AYES:
NOES:
ABSENT:
ATTEST:
Jon D. Mike s, Mayor
Lauren M. Wasserman, City Clerk "
CITY OF RANCHO CUCAMONGA
Engineer's Report for
ANNEXATION NO. 16
to the
Landscape Maintenance District No. 1
TRACTS 12305 AND 12077 -1
SECTION 1. Authority for Report
This report is in compliance with the requirements of Article 4, Chapter
1, Division 15 cf the Streets and Highways Code, State of California
(Landscaping and Lighting Act of 1972).
SECTION 2. General Description
This City Council has elected to annex all new tracts into Landscape
Maintenance District No. 1. The City Council has determined that the areas to
be maintained will have an effect upon all lots within Tracts 12305 and 12077-
1 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
IV
The plans and specifications for the landscaping have been prepared by the
developer and have been approved as part of the improvement plans for Tracts
12305 and 12077 -1. The plans and specifications for the landscaping are in
conformance with the Planning Commission.
Reference is hereby made to the subject Tract Map and the assessment
diagrams for the exact location of the landscaped areas. The plans and
specifications by reference are hereby made a part of this report to the same
extent as if said plans and specifications were attached hereto.
SECTION 4. Estimated Costs
No costs will be incurred for parkway improvement construction. All
improvements will be constructed by developers. Based on historical data,
contract analysis and developed work standards, it is estimated that
maintenance costs for assessment purposes will equal thirty ($.30) per square
foot per year. These costs are estimated only, actual assessment will be
based on actual cost data.
(t
• The estimated total cost for Landscape Maintenance District No. 1
(including Annexation No. 16 comprised of 3,422 square feet of landscaped
area) is shown below:
Total Annual Maintenance Cost
S.30 X 405,729 square feet = $121,718.70
Per Lot Annual Assessment
121 718.70 = S45.72
Per Lot Monthly Assessment
45.72
-1� = $3.81
Assessment shall apply to each lot as enumerated in Section 6 and the
attached Assessment Diagram. Where the development covered by this annexation
involves frontage along arterial or collector streets, which are designated
for inclusion in the maintenance district but will be maintained by an active
homeowners association, these assessments shall be reduced by the amount saved
by the District due to said homeowner maintenance.
SECTION 5. Assessment Diagram
• A copy of the proposed assessment diagram is attached to this report and
labeled "Exhibit A ", by this reference the diagram is hereby incorporated
within the text of this report.
SECTION 6. Assessment
Improvement for Annexation No. 16 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 1984 to determine the
actual assessments based upon the actual costs incurred by the City during the
1983/84 fiscal year which are to be recovered through assessments as required
by the Landscape and Lighting Act of 1972.
SECTION 7. Order of Events
1. City Council adopts resolution instituting proceedings.
2. City Council adopts Resolution of Preliminary Approval of City Engineer's
Report.
3. City Council adopts Resolution of Intention to Annex to District and sets
public hearing date.
4. City Council conducts public hearing, considers all testimony and
determines to Annex to the District or abandon the proceedings.
S. 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
0
E
,ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
ANNEXATION NO.16
CITY OF RANCHO CLICANIONGA
�
3 ENGINEERING DIVISION
1 7 Tr 1
m VICINITY A1AP 1� page
S
0
•
IE
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO.1
ANNEXATION NO. 1E
�M:.Lil D,IM M7 SNI,IM! H'SLS2�
1
-f
Y
1 �
i
�
x
I
I �
a
w I
1 1
V •i 1;
t
I
ccSl(ot;, title' TRACT
,•vj" CITY OF RANCHO CUCAh10VC;A
N0. 10277 —I
4 ENGINEERING DIVISION T
�1 " VICINITY NIAP l�
un page
•
RESOLUTION NO. -12- 07 -06CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER
THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1,
AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS
ANNEXATION NO. 16 TO LANDSCAPE MAINTENANCE DISTRICT NO.
1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS
THERETO (TRACTS 12305 AND 12077 -1)
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, being Division 15 of the Streets and Highways Code of the State
of California, as follows:
SECTION 1. Description of Work: That the public interest and
convenience require an it is theintent ion of this City Council to form a
maintenance district in the City of Rancho Cucamonga for the maintenance and
operation of those parkways and faciliites thereon dedicated for common
greenbelt purposes by deed or recorded subdivision tract map within the
boundaries of the proposed maintenance district described in Section 2
• hereof. Said maintenance and operation includes the cost and supervision of
any sprinkler system, trees, grass, plantings, landscaping, ornamental
lighting, structures, and walls in connection with said parkways.
SECTION 2. Location of Work: The foregoing described work is to be
located within roadway n g —TVt--OT -way and landscaping easements of Landscape
Maintenance District No. 1 enumerated in the report of the City Engineer and
more particularly described on maps which are on file in the office of the
City Clerk, entitled "Annexation No. 16 to Landscape Maintenance District No.
1 ".
SECTION 3. Descri Lion of Assessment District: That the
contemplatedted woT-iin the opinion o sai ity Council, is Or more than local
or ordinary public benefit, and the said City Council hereby makes the expense
of the said work chargeable upon a district, which said district is assessed
to pay the costs and expenses thereof, and which district is described as
follows:
All that certain territory of the City of Rancho
Cucamonga included within the exterior boundary
lines shown upon that certain "Map of Annexation No.
16 to Landscape Maintenance District No. 1"
heretofore approved by the City Council of said City
by Resolution No. ", indicating by said boundary
lines the extent of the territory included within
.� the proposed assessment district and which map is on
file in the office of the City Clerk of said City.
H f?
EJ
EARCHITECTS
ss �wartten- hrMophw
March 10, 198:
Shintu Bose
Engineering Department
93,40 Base Line Road
P.O. Box 807
Rancho Cucamonga, CA 91730
Dear Shintu:
AM
I am writing this letter in reference to tract «10277. I understand
that in order to have approval for this tract I must file notice
with you of my intent to join the Landscape Maintenance District
M1.
This letter is to confirm in writing my intent to join Landscape
Maintenance District 01 and am prepared to sign any additional
documents required at such time that these are presented to me.
Than), you for your assistance in this matter.
Ywr- ery truly,
1
ANDREW BARMAKIAN
Architect, AIA
AB /bb
191ARCHICEN7ER 937SARCHIBAID•RANCHO CUCAMONGA CALIFORNIA 91730 714.997.0909
ANDREW SAFNAKIAN• LARRY WOLFF• DALE LANG- GAYLAIRD CHRISTOPHER
CHARLES ROY CONSTRUCTION, INC,
• 3401 -A East Chapman Avenue
orange, CA, 92669
(7141633.0336
November 3, 1983
1
LJ
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, Calif. 91730
Dear Sirs:
We agree to the incorporation of our project "Alta Loma
Roods" T.T. 12305 into the City Landscape and Lighting
Districts ?.
�% Chary ^ Roy
General Partner
Alta Loma Woods Associates II
W911 'WS).
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CITY OF RANCHO CUCAMONGA Page 2
SUMMARY Of PROPOSALS OPENED
PROJECT Base Line Road Sidewalk Improvements
LOCATION- Base Line fray Hellman Ave. to 421! Westerly of Garnet
ITEMS QUANTITIES
I Clearing i Grubbing Limp Suva
2 A.C. Sdwlk L Driveways 1180 S.F.
3 A.C. PNwty L Overlays 48 Tons
4 P.C.C. Steps Luap Sua
5 Under Sdwik Drain 1 Each
6 Modify E +1st, Catch Bsn Lump Sum
7 Retaining Wall 513 S.F-
8 P.C.C. Curb 515 L.F.
9 P.C.C. Curb i Gutter 355 L.F.
10 P.C.C. Drive APP roach 2352 S.F.
11 P.C.C. Sidewalk 9460 S.:`.
12 P.C.C. Drvwy L Area Paw 1715 S.F.
13 ADJust water Meter Boa 12 Each
14 Install Yalve Boa 1 Each
15 Adjust S4moer Cleancut Limp S.
16 1 112- Steel Conduit 1773 L.F.
17 Traffic Signal Pull Boa 12 Each
18 Traffic Control Lug Sum
19 P.C.C. Spandrel 660 S.F.
TOTALS
*(Corrected Bid Amouwty)
Riverside CPns t. Laird Construction
BID AMOUNT 810 AMOUNT
L.S. 13,400.00 L.S. 6,000.00
2.30 2,714.00 1.75 2,065.00
95.00 4,560.00 70.00 3,360.00
L.S. 670.00 L.S. 1,150.00
840.00 840.00 2,000.00 ',000.00
L.S. 340.00 L.S. 150.00
13.50 6,92S.50 15.00 7, 695. D0
4.75 2,446.25 b.90 3,553.50
9.00 3,195.00 7.50 2,662.50
2.40 5,644.80 2.00 4,704.00
1.60 15,136.00 1.50 14,190.00
160 2,744.00 2-DU 3,430.00
90.00 1,080.Did 70.00 840.00
85.00 85.00 175.D0 175.00
L.S. 150.00 L.S. 115.00
4.00 7,092.00 5.20 9,219.60
80.00 960.00 92.00 1,104.00
L.S. 2, 300. DO L.S. 3,450.00
3.20 :,112.00 3.80 2,505.011
$12,341.50 $69.911.60
•(572,394,55)
DATE: 11 -22 -83
CONTRACT NO. 06 -25 -34
•
- - - -- CITY OF RANCHO CUCAMONGA C\:CAA10
STAFF REPORT;
DATE: December 7, 1963 — y�. ��
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Monte Prex her, Public Work Engineer
I
S'u BJECT: Acceptance of Vineyard Avenue Improvement Project FAJ M,'MR -8194 ,2'
- Red Hill Construction
City Council at the regular Council meeting of September 7, 1933, accepted as
complete the Vineyard Avenue Improvement Project FAU M /MR- R194(2). Council at
that time also authorized final payment, filing of Notice of Completion and
release of bonds and retention. The above action applied only to Riverside
Construction, as stated in the Notice of Completion, the contractor whc
completed the project.
The final contract cost for the project has now been established as follows:
• Total value of FAU work completed 5253,643.79��
(Eligible for participation in Federal funding)
Total value of city work completed $6,127.54
(Not eligible for Federal funding)
i
Total value of developer work completed $£3,:35.96
(To be deducted from developer's cash trust deposit)
i
Total value of surety work completed $29,3;7,33
(To be deducted from Red Hill Construction's
retention)
TOTAL COST OF CONSTRUCTION $312,275.12
Giver. the above and the fact that all project backcharges resulting from Red
Hill Construction's abandonment (the original contractor) exceeds the amount
owed Red Hill, the bonds and retention can be released. Also, a Notice of
Completion naming Red Hill Construction as contractor should be filed.
continued......
City Council Staff Report
Vineyard Avenue Street Improvement Project
December 7, 1983
Page 2
r 1
U
RECOMENDATION
It is recommended that Council approve the final contract amount, pass the
attached resolution authorizing the City Engineer to file the Not ire of
Completion (Red Hill Construction), and release Red Hill Construction
retention less all applicable backcharges and administrative costs to Re�
Hill's Surety, United States Fidelity and Guaranty Company,
Respectfully submitted,
LBH:ME:jaa
Attachments
J
/c4
. RESOLUTION NO. 12- BT=OBCR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR VINEYARD AVENUE IMPROVEMENT PROJECT FAU M /MR- R194(2)
AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE WORK
WHEREAS, the construction of public improvements for Vineyard Avenue
Improvement Project FAU M /MR- R194(2) 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 7th day of December, 1983.
AYES:
• NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
jaa
11
.t
Jon D. Mike s, Mayor
0
RECORDING REQUESTED BY
CITY OF RANCHO CUCAMONGA
P. 0. Boa 807
Rancho Cutsvinga, California 91730
WHEN RECORDED MAIL T0:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0. Box 807
Rancho Cucamonga, California 91730
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1.The undersigned is an owner of an Interest or estate 11 the
hereinafter described real property, the nature of which inte,est on estate
STREET IMPROVEMENTS, DRAINACE AND SIGNAL FACILITIES
2.The full name and address of the undersigned owne• x
6F RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0, Boa 807, Rancho Cucamonga,
California 91730.
3.Oo the 7th day of December, 1983, there was completed on the
• hereinafter described real property the work of improvement set forth in 'he
contract documents for:
VINEYARD AVENUE IMPROVEMENT PROJECT FAD M /MR4194',21
I. The name of the original contractor for the wo, of
improvement as a whole was:
11
REDHILL CONSTRUCTION
5.The real properly referred to herein is situated in the t>
of Rancho Cucamonga, County of San Bernardino, California, end is described as
fo''lows:
VINEYARD AVENUE BETWEEN 8TH STREET AND ARROW HIGHWAr
CITY OF RANCHO CUCAVON6 , a
mumcipa' corporation, Ow ^c'
Lloyd . Hu s. 'tY og.nee.
•
:31
Minor Subdivision 77 -0517 - located on Vivienda Street west of Haven
Avenue
OWNER: Insurance Company of the West
Peter W. Smits
10478 Vivienda Street
Rancho Cucamonga, CA 91701
Faithful Performance Bond (Road) $11,660.00
The road improvements have been constructed in conformance with the
approved plans and City Standards and it is recommended that City Council
authorize the release of the Faithful Performance Bond.
Tract No. 9638 - located North of Lemon Avenue and West of Archibald Ave.
OWNER: Crisman Development Corporation
P.O. Box 2131
Santa Monica, California 90406
Accept: Maintenance Bond (Road) 18,450.00
Release: Faithful Performance Bond (Road) $169,000.00
The road improvements have been constructed in accordance with approved
plans and City Standards and it is recommended that the City Council
accept the Maintenance Bond and release the Faithful Performance Bond for
Tract 9638.
--
CITY OF RANCHO CUCAMONCA
�t•GA.Hp
STAFF REPORT
1'
DATE:
December 7, 1983
- z
T0:
City Council and
City Manager
FROM:
Lloyd B. Hubbs,
City EngineeU/ ,7,
SUBJECT:
Release of Bond
Y
i
Minor Subdivision 77 -0517 - located on Vivienda Street west of Haven
Avenue
OWNER: Insurance Company of the West
Peter W. Smits
10478 Vivienda Street
Rancho Cucamonga, CA 91701
Faithful Performance Bond (Road) $11,660.00
The road improvements have been constructed in conformance with the
approved plans and City Standards and it is recommended that City Council
authorize the release of the Faithful Performance Bond.
Tract No. 9638 - located North of Lemon Avenue and West of Archibald Ave.
OWNER: Crisman Development Corporation
P.O. Box 2131
Santa Monica, California 90406
Accept: Maintenance Bond (Road) 18,450.00
Release: Faithful Performance Bond (Road) $169,000.00
The road improvements have been constructed in accordance with approved
plans and City Standards and it is recommended that the City Council
accept the Maintenance Bond and release the Faithful Performance Bond for
Tract 9638.
COVENANT MUTUAL INSURANCE COMPANY
Naeboad. CO.hout
POWER OF ATTORNEY
RMdY ALL MEN BY TNEEE PPlJANTL
TNtCAVENANT MUTUALIMSURAHCE COMIAN V, •.,pert -on of iM Sun of Cm -awt don "ruby
maA., mat \IYM W MMa+n
Arthur :. Qelnent Jr.
la bw arm la W Ap:rrv\bl- rrvist. tall lull po+er M bump tv. for end m benall of lm Cwnwnr M wnry
NO .... vrd Mlner YY aMn M MM of M CtlnwnV ,Mora, rl \ aw i\ rpynp oOM\, InNown, retry
nrtMW\. M1Mrlu of Wary by 01Mr ch.. aWMlwm rn W narwe tnerpf " lallOw\
Any and Mr pure \, WMI -m. ncompau . NnYnN of IN or olM, an"On oe"Ich, n, he nature
Elarpl M Yr WrIMMrI allourat
wal N bend COVENANT MUTUAL INSURANCE COMPANY thuabr n.fact
Farber, to Mw pawn., Ad NarpY rM-lyd IM ronllrmp
IN WITNESS WNEREOE, COVENANT MUTUAL INSURANCE COMPANY nn cauua them Rest to IN apnea
by II pOwr aN.a at OMpmaM1 M.I1. to nnunl. A"re. inr\ 22nd I., of M ... N 1973
COVENAN' MUTUAL INSU RANCE COMPANY
by
Alan `�VI[IWTrI� At, 'I,
Assls=t Secretary j
STATE Of CONNECTICUT
4 i
COUNTY OF HARTFORD IM RSA1 e,l� A.
On mn 22M data of March m 1M year 1973 before me wreonai v came Frannl W PW rev Jr ana Jamn E
00.111c. 1. ma and.w ..p.11 by ma duly awwn old daoon wd uv flat Ile, 11 be in In 5me a1 con -u (.:
that day /a,aawcty0ly V ca Pn.denl M Asinlanl land r of COVENAN T MUTU A. INSU RANCE COMPANt
M erapllnn daKnbp in NO MrM ... cut- Ma pa. ."math. "' Intl •nev avow me M.. of 1"d loudest .l^
1111 be deal and... la M.d mebVmanl n lull prwnl. Al the, 1 nab 1n.11,..a Ot aulnor.ry of thou Olnte Vnde'
the by nw of uq 1pPNenM. M del INV e,FuNt In"r n ry111"Ilo dv li 1'nT '1.. .yam
'ItaL M. dal, �Qill rfr ^{.�/ �tlA rltG C�L
r1 yATyd i , mr r - re +can
•'APEL10 f' IMr POT uon na.n Mncn 311978
PAahal dae,` CERTIFICATION
r VnC Spnaa AMmwl Secretary of COVENANT MUTUAL NSUPAN'EnCOMPANYY terb lr Net lot
d.oin9 "yea, Of aROMV he ppedyolp plo.rl It" N Satnon 12 of Ina br'Iwf ano '.1 wrul�o ^I al Inr
Rwm of OINNNN$ Of Match 12. IQ3 owe nnl trm .rgpo a add and Y d .rl torte and nlvl
59 -d 11 My ad it Na -,ed. Can't -.1 Inn stl, all�ay of Novelyl la Ri
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tee
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Assts tans Secre r
Ton ap9pmmaat n rr'a0a OMer " AY aullronry OI me'I ll.,, of—u —1 .1 pNOn 12 .1 me eY tarn 0'
Vra ConpnY. 'achy, wI lapva ON IWI I >v N e ".I,
Erdn tun to Ian me WE may ,mere eud, Ma IrmN t uUn aM cool" wcn tart N, N.toy I, awn any
ON YI el el bll.un NO rl lnry 'n n\ than n del"muv IrcIW m9 w o — ar chat tef av o^
Alech., b .bath. aY fidel uwatul. w A,voule 4pnalwet Pro oe or Uuty al Iump l..nv du r
.. Mml la blurb, rat tM name NO CMnI of The cvpa twn.1 oolrcv a t bona ynwnn.nq
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mend MI -0 Or ."than M nM of . wludell n, put .I unaer lea- Io errat rucn xar EY MYUU' "
perm v W I.w d by ANY .. aap..I. mempa
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pooled ay the Drnomr\ nl COVENANT MUTUAL INSURANCE COMPANY n a mwmgnaub called and n"a pat
Marro 12.1973
RESOLVED TNw am bap, uneartl r.ryma.rxo . contact of wren o w.dvn mlpabon .n the n.tvl
-weal MWI be,al na brraiM Seem the Cpmwny Onto apnea by be 1,..0... or any Smmr V ro ay,,,N^
by Vp Pre edam YN duty Illaand And ... 11 A el rl,pasta, Ov Iny Secretes or ANuA,1 Secal". :
yon yrrp by to Irn-apt by any Sen'ar Np Pgxaenl at V.ce Pgnaent and counlnlgnp and mate
a M atmu.rall a do, wllgniea aOpnh +n Irl IN 19en1 and any wM nand uMTUma rm,N......
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duly a ... M MMp. f I Net a rpu-re be . 111. If, in left ar "of lurwant to mC
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FURTHER RESOLVED Tnal mr upnllum o alf.p, wlnor.leo pv In, br -Purl an ma Cemwny Net
may . W..w by la-mw to ANY avwr of eornp by No t w o1 T.arnev o mnl.cac on o
pre" Ip MweNNm e. why bpyt uuYe.tlnin. nFpnna -e o, aln. ta, It- oOnpalmn.n Ina nalurl Merl
of vw apml We Md Net wMn w ...11 "obey accal. av me Compa -`v "Ina ar
AuOI aN-gr dra iw LvynM wN of ma Cpmpany, to w YME IrW O'cone uwn In Latham, wit, the .1
Ipp Yp.Nett Om nYn.."Y.Ilia.
IN WITNESS WNEREOE, COVENANT MUTUAL INSURANCE COMPANY nn cauua them Rest to IN apnea
by II pOwr aN.a at OMpmaM1 M.I1. to nnunl. A"re. inr\ 22nd I., of M ... N 1973
COVENAN' MUTUAL INSU RANCE COMPANY
by
Alan `�VI[IWTrI� At, 'I,
Assls=t Secretary j
STATE Of CONNECTICUT
4 i
COUNTY OF HARTFORD IM RSA1 e,l� A.
On mn 22M data of March m 1M year 1973 before me wreonai v came Frannl W PW rev Jr ana Jamn E
00.111c. 1. ma and.w ..p.11 by ma duly awwn old daoon wd uv flat Ile, 11 be in In 5me a1 con -u (.:
that day /a,aawcty0ly V ca Pn.denl M Asinlanl land r of COVENAN T MUTU A. INSU RANCE COMPANt
M erapllnn daKnbp in NO MrM ... cut- Ma pa. ."math. "' Intl •nev avow me M.. of 1"d loudest .l^
1111 be deal and... la M.d mebVmanl n lull prwnl. Al the, 1 nab 1n.11,..a Ot aulnor.ry of thou Olnte Vnde'
the by nw of uq 1pPNenM. M del INV e,FuNt In"r n ry111"Ilo dv li 1'nT '1.. .yam
'ItaL M. dal, �Qill rfr ^{.�/ �tlA rltG C�L
r1 yATyd i , mr r - re +can
•'APEL10 f' IMr POT uon na.n Mncn 311978
PAahal dae,` CERTIFICATION
r VnC Spnaa AMmwl Secretary of COVENANT MUTUAL NSUPAN'EnCOMPANYY terb lr Net lot
d.oin9 "yea, Of aROMV he ppedyolp plo.rl It" N Satnon 12 of Ina br'Iwf ano '.1 wrul�o ^I al Inr
Rwm of OINNNN$ Of Match 12. IQ3 owe nnl trm .rgpo a add and Y d .rl torte and nlvl
59 -d 11 My ad it Na -,ed. Can't -.1 Inn stl, all�ay of Novelyl la Ri
L(�
tee
A ¢ G
Assts tans Secre r
MAINTINAMCE GUARANTEE BOND Bond No 016318
preen. AmC 65C.50
WHEREAS, the City Council of the City of Rancho Cucamonga, State of
• California, and Chevron fAnstruct .f�p,/C�iswel.pwnt Corporation
(hereinafter de sig0ated of 'Dn n, iD0 7 hive en sere into in agreement whereby
Principal agrees to install and complete certain designated public
improvements, which said agreement, died Se p[enber 3 19_EL, and
identified as project
Tract 9638
is nereby referred to and made a part hereof; an
WHEREAS, said principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement. Section 16,
guaranteeing all improvements free of all defects for a period of (1) one year
after acceptance of the Tract by the City.
NW, THEREFORE, we the principal and Lovenant Mutual
Insurance Co. , as surety, are e d an T y bound unto
the City of ant o Cucamong e ereina /ter called `City "I, in the perml sun
of Ei pair iAUUSand four N ndred
Flit ors 8.a5D 00 I lewfal money of the
13 rte tales, or a payment a/ which sun ireliand1)u ly to be made, we ci,,1
ourselves, our heirs, su.[CSSOrS, executors and Adn:nislrators, jointly and
severally, firmly by these presents.
( C I
The cords lion Of this Obligation is such that if the above bounded
principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform
the convenants, conditions and provisions in the said agreemnt and any
alteration thereof made as therein provided, on his or their part, to be kept
Ind performed At the time and In the manner therein specified, And In all
respects according to their true intent and meaning, and shall indemnify and
save harmless City, its officers, agents and employees, as therein stipulated,
then this obligation shall become nail and void; otherwise, it mall be And
reeain in full force and effect.
•
As a part of the obligation secured hereby and In addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses And fees, including reasonable attorney's fees, Incurred by City in
successfully enforcing such obligation, all to be taxed as costs and Included
In any judgment rendered.
The surely hereby stipulates and agrees that no change, extension
oft ime, Alterat ton or addition to the terms of the agreements or to the work
to be performed thereunder or the specifications accompanying the same shall
In any.ise affect its obligations on this bond, and it does hereby wlave
notice of any such change, extension of lime, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this Instrument his been duly executed by the
principal and surely above named, on Novena,¢' 8
19g�.
OEVELDPER:
Cheey n tr a California lim,ted partne -
ri
e LA orpaascorp tson,ra general partner
BY: 1/
Mario Mory, Prestden
SURETY:
Covenant Mutual >urance Co.
141 South tax Avenue, Sultt app
Pasaden Cal ior(/n s a�,
X91 �lw
lye- 1... '
A rl Flex' J. ement Jr, tame -in -Fact
pa iE A M,POU1� OF ATTORNEY TO ALL BONDS
SIGNAAtOtS MUST BE NOTARIZED
( C I
-- CITY OF RANCHO CUCAMONGA
STAFF REPORT.
DATE: November 16, 1983 - to
TO: City Council and City Manager
FRDM: Lloyd B. Hubbs, City Engineer
BY: John Martin, Assistant Civil Engineer
SUBJECT: Acceptance of two replacement improvement agreements and release of III
one improvement agreement for CUP 82 -01 (Pic- N -Sav) to guarantee
construction of certain minor public improvements along 4th Street
and 7th Street west of Etiwanda Avenue. Also acceptance of a Real
Property Improvement Contract and Lien Agreement for construction
of a median island along 4th Street and acceptance of a maintenance
guarantee bond for 7th Street
The subject project has completed certain public improvements along 4th
Street. Attached are reduced replacement bonds for the remaining items to be
• constructed, i.e. sidewalk along 4th Street. Also attached for Council
consideration are a maintenance guarantee bond for construction items and a
lien agreement for future construction of a median island o^ 4th Street.
ACCEPTANCE:
Faithful Performance Bond Labor b Material Bond
4th Street 525,000.00 $12,500.00
7th Street $18,000.00 $ 9,000.00
Maintenance Guarantee Bond: $25,000.00
RELEASE:
Security Bank Note: $409,500.00
RECOMMENDATION
It is recommended that the existing security be released and the above
mentioned bonds and lien agreement be accepted by the attached resolutions.
Re/s/p�ect fully submitted,
LBH64I.jaa
Attachments
• RESOLUTION NO. 12- 07 -IOCR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITY FOR C.U.P. 82 -01
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement executed on
November 3, 1983 by Theodore Zwicker and Ralph D. Wenger as developers, for
the improvement of public right -of -way adjacent to the real property
specifically described therein, and generally located on the north side of 4th
Street approximately 2300 feet west of Etiwanda Avenue; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said real property as referred to Planning
Commission, CUP 82 -01; and
WHEREAS, said Improvement Agreement is secured and accompanied by
good and sufficient Improvement Security, which is identified in said
Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
• Rancho Cucamonga, California, that said Improvement Agreement and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement on behalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto.
PASSED, APPROVED, and ADOPTED this 7th day of December, 1983.
AYES:
NOES:
ABSENT:
on D. Mike s, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
jaa
11
RESOLUTION NO. 12 --jr-iICR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ETIWANDA
INVESTMENT COMPANY FOR C.U.P. 82 -01 AND AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN THE SAME
WHEREAS, C.U.P. 82 -019 located on the north side of 4th Street
approximately 2300 feet west of Etiwanda Avenue submitted by Etiwanda
Investment Company was approved on March 24, 1983; ar,d
WHEREAS, Installation of a median island established as prerequisite
to issuance of Building Permit has been met by entry into a Real Property
Improvement Contract and Lien Agreement by Etiwanda Investment Company,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rancho Cucamonga, California does accept said Real Property Improvement
Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign
same, and directs the City Clerk to record same in the Office of the County
Recorder of San Bernardino County, California.
PASSED, APPROVED, and ADOPTED this 7th day of December, 1983,
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City C er
jaa
Is
Jon D. Mike s, Mayor
i L
• CITY OF RANCHO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR
CUP B2 -01
(Restoration of 7th Street)
KNOW ALL MEN BY THESE PRESENTS: That this agreement is
made and entered into, in conformance with the provisions of the
Municipal Code and Regulations of the City of Rancho Cucamonga,
State of California, a municipal corporation, hereinafter referr,
ad to as the City, by and between said City and )ft-%a;HKd6
�yy flat ereinafter referred to as the Developer. "
'ic er alp}, 0. Wenger
THAT, WHEREAS, said Developer desires to develop ce•ta'r
real property in taid City located on the north side of 44,n
Street approximately 2300 feet west of Etiwcnda Avenue; and
WHEREAS, said City has established nertain •equrements
to be at by said Developer as prerequisite to granting of final
approval; and
WHEREAS, the execution of this agreement and posting c$
improvement security as hereinafter Cited, and approved by the
City Attorney, are deemed to be equivalent to prior completion cf
said requirements for the purpose of securing said approval.
NOW, THEREFORE, it is hereby agreed by and between the
City and the Developer as follows:
1, The Developer hereby agrees to construct at
developer's expense all improvements described on page 4 herecr
• within 12 months from the date hereof.
2. This agreement shalt be effective on the date of the
resolution of the Council of said City approving this
agreement. This agreement shall be in default on the day fellow -
+ng the first anniversary date of said approval unless an exter-
Sion of time has been granted by said City as hereinafter provid-
ed.
3. The Developer may request additional time 11 wh111,
to complete the provisions of this agreement, in writing not less
than 30 days prior to tho default date, and including a statement
of circumstances of necessity for additional time, In Considera-
tion of such request, the City reserves the right to review the
nrnvisi ohs hereof, including construction standaros, cc St
estimate, and SuffiC ienCy of the Improvement security, and I
require adjustment, thereto when warranted by substantial changes
therein.
4. if the Developer fails or neglects to comply with
the provisions of this agreement, the City shall have the right
at any time to cause said provisions to be completed by any law-
ful means, and thereupon to recover from said Developer end /o,
his Sirety the full cost and expense incurred in so doing.
S. Construction permits shall be obtained by the Cleve : -
oper from the office of the Cl ty Engineer prior to start of any
work within the public right -of -way, and the developer sha'.1
conduct such work in full compliance with the regul at Inns
contained there,'. Non - compliance may result in stepping of the
work by the City, and assessment of the penalties provided,
6. Publir right -of -way improvement work required shall
be constructed in conformance with approved improvement plans,
Standard Specifications, and Standard Orawings and any special
amendments thereto. Construction shall include any transitions
and /or other incidental work deemed necessary for drainage or
0
Public safety. Errors or commissions discoveree during construc-
tion shall be corrected voor, the direction of the City
Engineer. Revised work due to said plan modificatlons 59e11 be
covered by the prof is ions of this agreement and secured by the
surety covering the original planned works.
7. Mork done within existing streets shall be diligent-
ly pursued to completion; the City shall bay- the right to
complete any and all work in the event of unjustified delay
completion, ano to recover all cost and expense incurred from the
Developer and /or his contractor by any lawful means.
8, The Developer shall be responsible for replacement,
relocations, or removal of any component of any irrigation hate -
system in conflict wl th the required work to the satisfaction or
the City Engineer and the owner of the water system.
9. The Developer shall be responsible for removal o4
all louse rock and other debris from the public right -of -way.
10. The Developer shall plant and ma iris, par'away
trees as directed by the Community Development Director.
11. The improvement security to be furnished by the
Developer to guarantee completion of the terms of tills agreement
sha'.l be subject to the approval of the City Attorney. The prin-
cipal amount of said improvement security shall not be less tha^
the amount shown:
I
E
•
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FAITHFUL PERFORMANCE
STAII OF UTAFOR \IA
Type:
Principal A.nount; 112,00,.00
Name and address of
surety:
4 FF'. 11p 1. n♦- - -
•
`'-
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MATERIAL AND LABOR
pmv<ert- m< on In, bun of <rMennmo br
{ ae pem,' hn« .w ere n-1wd1 io
Type:
Principal Amcunt'. Sp,000.1C
1�:i, euiPt`r ia5i
Name and address of
surety:
I us [TNFSL,lhj d /ad o�ffifaul«l
CASH DEPOSIT MOMUMENTATIOM
Type.
P- inc,pal Am n:•::
Name aLd address of
surety:
TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY
IN WITNESS
HEREOF', the parties hereto nave caesen tnetc
presents to be duly
executed and acknowledge wit' all fdrma� t'e•
required by law on
the date et forth Oppos •ate their sign at,nes.
Date / /- f?'e. + �
uy '�� , 0e velcpe•
7+ ure
nEO➢ ZW!mR
Printed
•
Date
/
er'"'ti cev et �Oer
T ignature
RALP9 p.
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Accepted:
City of Rancho :ucamonga, California
A Municipal Corporation
By: Mayor
Attest; _
Approved:
ity tTarney
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No wRT
STAII OF UTAFOR \IA
COO sTVOF 1, ANGEI.ES n
ipn Nob emF Ci A 1083 4fom m< IA<rnd n,'nea. Nps" Publy In .nd fn:
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•
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• CITY OF RWHO CDUp011GA
CONSTRUCTION ESTINATE
ENCROACHMENT PERMIT FEE SCHEDULE
is
For Improvement of: restoration of 7th Street west of Etiwanda Ave.
Date: awute y; R. S. Bos.
File Reference: C U 82-01 City Ng. No.
NOTE: Does not include anent fee for e
writing perwit or Pavement deposits.
CONSTRUCTION COST ESTIMATE
ITEM — �� NlT UNIT C07 S AM%N'
Remove crass gutter, guard rail
And curb return L.S. L.S. 60C.
Reconstruct S.C.E. driveway - 3 "A.C. 140G S.F, 0.60 6+".. T
Reconstruct guard rail L.S.
Construct retaining wail L.S. R,0C0.
Reconstruct 24° pipe inlet L.S. 1,000.0]
CONSTRUCTION COST $16,540.00
CONTINGENCY COSTS 1,650.00 _
TOTAL CONSTRUCTION 16,190,00
FAITHFUL PERFORMANCE SURETY (100 %) 16,000 00 _
LABOR AND MATERIAL SECURITY (50 %) 9,000_ ^00
ENGINEERING INSPECTION FEE
'RESTORATION /DELINEATION CASH DEPOSIT
(REFUNDA6LE)
MONUMENTATION SURETY (CASH?
'Pursuant to City of Rancho Cuc~ga Municipal Code, Title i, Chapter 1.00,
adopting San Eernardim County Cafe Titles, Chapters 1 -5, a cash
resloration /delineation deposit shall be "de prior to Issuance of an
Engineering Construction Remit.
1 1 S.
gone %n , cl -5'M CO;Aa
Premtam: ]Sn.00 /.r.
MAINTENANCE GUARANTEE MIND
w Thendnre Zvir'eer and
Ra:ph D. s nper
WHEREAS, the City Council of the City of Rancho Cucamonga, State of
• California, and HMaMe...EnvNeawww." a (hereinafter designated as
*principal') have entered into an agreemm•. whereby principal agrees to
Install and comma late certain designated public Improvements, which said
agreement, dated October 7, 1983, and identified as project CUP 8241 located
On the north side of 4th Street approximately 2,300 feet west of Etiwanda is
hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said ayreement to
furnish a bond for the faithful performance of said agreement, Section 16,
guaranteeing all improvements free of all defects for a period of (1) one year
after acceptnnrt of all the improvements by the City.
I
NOW, THEREFORE, we the principal and Balboa lnaurancw
as surety, are held and firmly bound un o e sty o ancno uc emerge
!wt- einefter called 'City), in the penal sum of Twerty -five thousand and
00 /100 Dollars (125,000) lawful money of the United States, for the payment of
which sun well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, Jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bander
principal, his or its heirs, executors, administrators, successors or ass:9ns,
shall in all things stand to and abide by, and well and truly keep and pe -fD,,i
the covenants, cooditions and provisions in the said agreement and anv
alteration thereof made as therein specified, and in all respects ac[ard"g to
their true intent and meaning, and shall indemnify and save harmless City, its
officers, agents and employees, as therein stipulated, then this obligation
shall become null and void; otherwise, it shall be and remain in full force
and effect,
It shall also be an obligation on the part of the principal, his or its
heirs, executors, administrators, successors or assigns to maintain and to
keep on maintaining the said improvements to the satisfaction of the Crty
Engineer until such time as the improvements are accepted by the City.
As a part of the obligation secured hereby and in addition to the face a,n unit
specified therefor, there shall be Included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully
enforcing such obligation, all to be taxed as costs and included in any
.judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terns of the agreements or to the work to be
performed thereunder or the specifications accompanying the same ska^ in
anywise effect its obligations on this bond aria it does hereby waive not'Ce
of any such change, eAttrnivn or time, alteration or addition t0 the terms Of
the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
principal and surety above named on so,rl,v, Imp , 19-6_
DEVELOPER SURETY
r.if"DoRF�ZRICAF.R a RALPH D. MCIEn
By. �>
hat boa Ina"clu.I yf..-.-,
f ' Lm In nra 6 wVaa,
eress
By
;hurrrr
iris n -Pa. t
PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS
SIGNATURES MUST BE NOTARIZED
. RECORDING REQUESTED RY:
MhEN RECORaatl DED MAIL T0:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. 0. Bo+ 807
RANCHO CUCAMONGA, CALIFORNIA 91730
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19 by and between Et'.a ^aa
Investment Co. (hereinafter referred to as 'Developer'), and the
CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corpo'at':r
(hereinafter referred to as 'City'), provides as follows:
II
WHEREAS, the Developer desires to postpone constructio^
of such improvements until a later date, as determined by the
City; and
WHEREAS, the City Is agreeable to such posipore-.ert
provided that the Developer enters into this Agreement reouir,rg
the Developer to Construct said improvements, at no expense to
the City, after dewand to do to by the City, which said Agreemert
shall also provide that the City may construct said Improvements
if the Developer fails or neglects to do so and that the City
shall have a lien upon the real property hereinafter described as
security for the Developer's performance, and any repayment due
City.
1
WHEREAS, as a general condition
precedent to the
Issuance
of a building permit
for CUP 82 -01 development,
the ;
required
the construction of
missing off -site
street improvements
•
including
one -half landscaped
median island on
0th Si. and st -eel
lights on
7th St. adjacent to
the property to
be developed; and
II
WHEREAS, the Developer desires to postpone constructio^
of such improvements until a later date, as determined by the
City; and
WHEREAS, the City Is agreeable to such posipore-.ert
provided that the Developer enters into this Agreement reouir,rg
the Developer to Construct said improvements, at no expense to
the City, after dewand to do to by the City, which said Agreemert
shall also provide that the City may construct said Improvements
if the Developer fails or neglects to do so and that the City
shall have a lien upon the real property hereinafter described as
security for the Developer's performance, and any repayment due
City.
1
NON, THEREFORE, THE PARTIES AGREE:
1. The Developer hereby agrees that it will install
aff -site street improvements including one -half landscaped .med +ac
Island on 4th St. and street lights on 7th St, In accordance ar.d
compliance with all applicable ordinances retoturions, rules and
regulations of the City in effect at the time of the
installation. Said improvements shall be installed upon and
along Ito St. and 7th St. contiguous to Parcel 1 of nieces' Mat
6658 as recorded In Parcel Map Book 64, Pages 51 and 52, 9ff,c a'
Records of San Bernardino County.
2. The installation of said improvements sea" be
completed no later than one !1) year following written t:
the .tveloper from the City to tommence Installatior of the
same. Installation of said improvments shall be at no a +pe ^se t:
the City,
•
3. In the event the Developer shall
fail
or refese to
complete the installation of said improvements
in a timely
manner, City may at any time thereafter,
upon
giving the
Developer "Itten notice of its intention to
do so, enter uc;-
the property hereinafter described and complete
said
improvements
and rethue, all costs of completion incurred by
the
City fees t`e
Developer,
4, To secure the performance by the OevelOper of the
terms and conditions of this Agreement and to secure the
repayment to City of any funds which may be expended by City Ir
completing said improvements upon default by the Develobe-
hereunder, the oeveloper does by these presents grant, bar9aln,
sell and convey to the City, In trust, the following described
real property situated in the City of Rancho Cucampnga, County of
San Bernardino, State of Cali POrnia, to -wit:
2
10
Parcel 2 of Parcel Map 6656 as recorded an Parcel Map Book 64,
pages $1 and $2, Official Betordt of said County.
5. This conveyance is in trust for the purposes
descrlbeo above.
6. Bow, therefore, if the Developer shall faithfully
perform all of the acts and things by it to be done uncle, this
Agreement, then this conveyance shall be void, Otherwise, ,t
shall remain in full force and effect and in alt respC;ts sha'
be considered and treated as a mortgage on the real prppe rty and
the rights and Obligations of the parties with respect the,etc
shall be governed by the provisions of the Civil Code o•
state of Cal Ifo^nla, and any other app`, icabl¢
to mortgages on reel property.
1, This Agreement shall be binding upon and shall i"u n
to the benefit of the heirs, e.etutors, administrators,
successors and assigns of each of the parties hereto.
8. To the evlent required to give effect or tn',
Agreement as A mortgage, the term 'Developer" shat! be
`mortgagor" and the City shall be the 'mortgagee•' as those ter—,
are used in the the Civil Code Of the State of Caliic "' a" a^.
other statute pertaining to mortages an real property.
9, if legal action is commenced to enforce any of the
provisions of this Agreement, to recover any Sum which the C'tv
is entitled to recover from the Developer hereunder or tc
foreclose the mortgage created hereby, then the prevailing oa ^t,
shall be entitled to recover its Costs and such reaso ^ae'c
attorneys fees of shall be awarded by the Court.
3
1% WITNESS WHEREOF, the parties hereto have executed
- this Agreement on the day and year first above written.
CITY DEVELOPER /
CITY OF RANCHO CUCAMONGA,
CALIFORNIA, a municipal
corporation
By:
on .r eis
Mayor
ATTEST:
Lauren M. Nasser..n
City Clerk
.. ..a .........................a.. a..............................
STATE OF CALIFORNIA )
) as
COUNTY OF SAN BERNARDINO)
On 119_,beta ^e
me
the un r n gne Hat ery uo f Ic, D <rsona y aDpear¢tl dON M:K „S,
personally known to me to be the Mayor of the CITY Of RAN, -;
CUCAMONGA. CALIFORNIA, a municipal corporation, and known tO m
• to be the person who executed the within instrument on beba:f o'
said municipal . corporation, and acknowledged to me that SuC"
municipal corporation executed it.
WITNESS MY HAND AND OFFICIAL SEAL.
D
Notary ignat-
STATE OF CALIFORNIA I
) ss
Cr DNTY Of SAN BERNARDINO)
On ,19_,be'o,e
me,
the untlers gned Notary u0 c persona y appeared
known tome t`o eft Fe
p erson,s w ose name 5 suescrlbed t0 the with^.
instrument and atk,O.Ieged t eTl't i executed it. r
WITNESS MY HAND AND OFFICIAL SEAL.
i
Notary gnature
MOTE:WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP,
THE ABOVE dURAT IS MOT ACCEPTABLE. A CORPORATIONIPARTNERSHIP
dORAI IS RE "U TRCO.
4
E
P
November 17, 1987
ATTENTION: City Clerk and members of the Planning Commission of
Rancho Cucamonga
I do hereby appeal the decision of the Planning Commission ,Meeting of
November 9, 1983 because I don't believe it to be in accordance with
City Ordinance.
I hereby request a hearing before the City Council concerning this matter.
/James S. Crowell, President
Alta Loma Feed Store, Inc.
-r
•
•
10
wa a yr ..n:•.,uv vv ............... L.v....,...�^,_
MEMORANDUM? ,
November 30, 1983
To: City Council and City Manager �>
19T' I
From: Bill Holley, Director, Community Services Department
Subject: Public Hearing: December 7, 1983
Rancho Cucamonga Neighborhood Center Expansion Project
Environmental Assessment and Site Plan Review
Background
This project was established as one of the coomuunity needs to be addressed
through the Community Development Block Grant program by Council direction
in 1981 - 82.
The project was divided into two phases, land acquisition in '82 -'83,
and, design and development in 083 -84. We are at the latter point now.
The initial design process was successfully handled through the community
input process. In other words, gathering together a group of people and
asking the question, 'As community center users, what is it that you would
like to see included in the addition?,
The firm of Wolff - Lang - and Christopher, with Gaylaird Christopher as
the consultants' principal, were employed to produce and coordinate a
product responsive to that input, within operational parameters established
by City staff. This they did ... and from staff's perspective, did very
well.
The Site Plan , Elevation, and Floor Plan attached are the result of that
process. The project has been reviewed and recommended for Council
approval by both the Park Advisory Committee and the City Planning
Commission.
Council Action - December 7, 1983
Council attention has two focal poluts in relation to this project.
First - Review and make an environmental finding on the Expansion
Project at a Public Hearing. (Unlike Heritage Park, there
is absolutely no controversy on this project, but nonetheless,
the findings must be made. A Negative Declaration will meet
the requirement.)
continued ...
Second - Review and give direction regarding the Site Plan, Elevations and
Floor Plan. Said another way, approve, deny, or approve with
modifications, the project as submitted.
Staff Comments
The addition has been designed to meet the needs that we heard from the design
committee, that committee focusing primarily on Senior Citizen uses. Additionally,
the majority of the project is designed for capabilities of a multi use nature.
In practical use, however, the area designated 'lounge' on the floor plan, will not
be multi -use but equipped and furnished as a Senior Citizen area to chat, read,
watch TV, and simply be with other people in comfortable, pleasant surroundings.
This one room will not have the institutional feeling that is generally a by-
product of the multi -use requirement. It was this lounge that was the main item
on the committee's wish list.
Budget wise, the preliminary architect's estimate is $330,000 for what you see.
This is $30,000 above the budget previously earmarked for this phase of the projec=
by the City. This was not because of overdesigning by the Consultant... but by
direction of staff to address the needs of the committee and the operational
reouirements of the City.
For instance, we directed that the addition be on the same elevation as the
existing site, rather than a staired or ramped connecting passage. Long term,
•that is the right decision ... short term that costs more money.
Staff directed also that a proper entry ramp be constructed on the south entry,
rather than directing people with walkers or wheelchairs to the existing entry on
the other side of the building. Again more costly, but considering the user, the
Senrot Citizen, I believe a proper decision.
These two changes among others of similar operational benefit are in the long term
best interest of the community in the opinion of this writer.
The $33,000 -/- overage is no real problem however, as additional CDBG Funding is
available within our own allocation.
Council Options
1. Find no negative environmental impact and direct that a Negative Declaration be
prepared; and
2. Approve the project as submitted but NOT mentioning publicly to perspective
bidders the raising of the project's construction budget; or
3. Reduce scope of the project to what $297,000 will buy; or
4. ..
Staff Recommendation
ODLions 1 and 2
If I can provide additional information, please advise.
BH /mw
'j lc . -- -
I 1I 1,_
Site Plan
ocr-
! n E �+
Elevations
Iii 1 #
0
IN
Floor Plan
I
Il 1 I 14,
l�!
s
h
-i
cITY of RANCHO CUWIONGA
ENVIRONMENTAL ASSESSMENT No—jiCE
Complete environmental assessments have been prepared for the following
project, The City Council will be considering these assessments, staff's
recommendation and public input, at their December 7, 1983
meeting prior to making a final environmental determination.
Following is a brief description and location of prcject and Staff's
recommendation on the project to be considered.
Supplementing the exist+.ng Rancho Cucamonga Neighborhood Center
located at 9791 Arrow Highway, Rancho Lucamw,ga, through the
addition of 3600 square feet under roof, an adjacent walled in
courtyard, and off street participant parking.
Staff finds that the proposed project could not have a significant
effect on the environment, and recommends a Negative Delcaration,
A copy of the Environmental Assessment can be reviewed at the Rancho Cucamonga
City Hall, Community Services Department, 9330 Baseline Rd., Suite 210, Rancho
Cucamonga, CA 91701. Written comments should be addressed to the Community
Services Department, P.O. Box 807, Rancho Cucamonga, CA 91730 -0807. In
addition, concerns can be addressed to the City Council publicly at the meeting
mentioned above, Meeting time is 7:30 p,m. Tha m tin& shall take place at
Lions Park Community Center, 9161 Base Line Road, ncho Cucamonga,
Publish: November 25, 1983 ,
Wi ltam L. K6? e I Dre for
Community Services De tment
1'—I
AFFADA V 1T OF PUBLICATION
STATE OF CALIFORNIA 33
COUNTY OF SAN 13FRNARDINO
Nine D. Paean — do hereby certify lhall
our
1 clerk of THE DAILY REPORT, a daily
am the Legal Advertising d in the City of Ontario,
newspaper of general circulation, published advertisement
County and State aforesaid and that the
of EnvirormaniLl� ;�st•L���4iiLS -- - --
for the Citnchho— C45aona-.—
was published in said newspaper — — n�1u —uD1a
to wit: November 251 1.983
1 certify under Penally of perjury that the foregoing is true and
correct. L /
- -- ( gnalure)
25th___ dey of
Dated at Ontario, California this — — .
• -_— tlove 19 n�
EwCMo CVCEMOMOE
EM VIfOXxfxlEl
144EffM^E M.on�nnen�E
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C�1! <MIV�I�A b [ami �y
IM�V p,[enxX IbIMI .n�eel.y
a.. x mxxl •,...X M..M
Cp.nnw� �CMIx. 41x1 Ew
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YWM IIEw�MO }f.IM,l�11
I
CITY OF RANCHO CUCAMONGA
INITIAL STUDY
PART I - PROJECT INFORMATION SHEET - To be completed by applicant
Environmental Assessment Review Fee: $87.0(j
For all projects requiring environmental review, this
form must be completed and submitted to the Development
Review Committee through the department where the
project application is made. Upon receipt of this
application, the Environmental Analysis staff will prepare
Part II of the Initial Study. The Development Review
Committee will meet and take action no later than ten
(10) days before the public meeting at which time the
project is to be heard. The Committee will make one of
three determinations: 11 The project will have no signi-
ficant environmental impact and a Negative Declaration
will be filed, 2) The project will have a significant
environmental impact and an Environmental Impact Report
will be prepared, or 3) An additional information report
should be supplied by the applicant giving further informa-
tion concerning the proposed project.
PROJECT TITLE: Rancho Cucamonga Neighborhood Center Expansion Project
APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonga
9320 "C ", Rase Line Rd., Rancho Cucamonga, CA 91'01
NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED
CONCERNING THIS PROJECT: Bill Holley, Director, Community Services
Depart.aent, City of Rancho Cucamonga
LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL. NC.)
9 -91 Arrow Hi Rhway. Rancho Cucamonga. CA 91730
LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND
FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:
Proiect and Environmental Certification from HUD as the funding
source: Cleared to proceed 1981,
I -1
',`G
10
PROJECT. DESCRIPTION
lement the
ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXIST_NG AND
PROPOSED BUILDINGS, IF ANY: 0,6 Darts of an acre
DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE
INCLCDING INFORMATION ON TOPOGRAPHY, PLPNT5 (TREES) ,
ANIMALS. ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE
OF SURROCNDING PROPERTIES, AND THE DESCRIPTION OF ANY
E:<IST /NG STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEET_S�
The project site is a vacant lot abutted to
The terrainu is rel ative1, levg.j with sl ieht anrrh tow aut sn,,rh fill
The site has no known historical
Is the project part of a larger project, one of a series
of cumulative actions, which although individually small,
may as a whole have significant environmental impact'
I -2
30
no.
WILL THIS PROSECT:
Y °_S NO
X 1. Create a substantial change in g
contours?
Explan aticn o: any Y =S answers abovet
If the project involves the const: ac ^_ion o
residential units, complete the firm on the
next pace.
CER:I ?iCA:ION: 1 hereby certify that the statements
furnished above and in the attached exhibits Present the
data and information required for this initial eva:.uat.or,
to the best of my ability, and that the facts, statements,
information presented are true and correct to the best of
kn�,wiedce and belief. I further understand that additio r,�:
information may be required to be submitted before an adegaate
evaluation can be made by the oevelppme nt Review Committee.
Date I1i10183 Signature � OOJ
: itle Director Community Senices ""tment
I -3
2,
Create a substantial chance in exist_n;
noise or vibrat:cn?
3.
Create a substantial chance in denand f.._
municipal services ;Pclice, fire, water,
sewage, etc.)?
A
d.
Create chances in the ex4 sting .chi
general plan des :.g nations'
Y
5.
Remote any existinq trees? :tow nan '
6.
Create the need .`or use or disncsai m
'—
potential Li hazardous materials suc:n as
toxic substances, fiar,...ab ies or
Explan aticn o: any Y =S answers abovet
If the project involves the const: ac ^_ion o
residential units, complete the firm on the
next pace.
CER:I ?iCA:ION: 1 hereby certify that the statements
furnished above and in the attached exhibits Present the
data and information required for this initial eva:.uat.or,
to the best of my ability, and that the facts, statements,
information presented are true and correct to the best of
kn�,wiedce and belief. I further understand that additio r,�:
information may be required to be submitted before an adegaate
evaluation can be made by the oevelppme nt Review Committee.
Date I1i10183 Signature � OOJ
: itle Director Community Senices ""tment
I -3
RESIDENT'A-L CONSTRUCTION
'he following infor:r »lion should be provided to the City of Rancho Cucaronoa
.tanning Division in order to aid in assessing the abili ty of the'schoo:
P!5 trict to accommodate the proposed residential development.
Name of Developer and Tentative Tract No.:
Specific Location of Project: "
PHASE I PHASE 2 PHASE 3 PHASE 4 T!'^
1. Number of single
famliy units:
2. Number of multiple
family units:
3. Date proposed to
begin construction:
�. Earliest date of
oca-- ;pansy:
Model a
and ; of Tentative
5. Bedrooms Pz :ce Range
b I -4
CITY OF RAN'CNO CI:CA`tO :16A
PART II - INITIAL $TCD'i
ENVIRON EV7AL CHEC9LISi
11/10 %93
DATE:
APPLI C.L:T: Citc of Rancho Cucamonga
Ell ::1G BAT °: LOG NUKBER:
PRr-'tC :: Rancho Cu amon qn \eiehborhood Cgs Ex a D
RpGVVC_ :.O C. 'r °Ate 9 -91 Arrow Highway, Rancho Cucamonga, CA
.`^.ACTS
(Z%pl anat'_cn of all "yes" and "maybe" answers are required on at-,ache"
Sheets).
J
YES SO
i. Soils and ;en io ¢!. Will the proposal have
Sl.- n.: :nnt resu.rs in:
•
a. Cnscable ground concitions or in changes in
gc ^iogiz relationships'.
X
b. nisrepticns, displacements, compaction or
burial of the soil'.
C. Change la topography or ground surface
contour intervals'.
d. TFe destruction, covering or - ,odifcation
of any unique geologic or physical features'.
-1
e. Any potential increase in wind or water
erosion of soils, affecting either on or off
site conditons'
__ 1
f, Chanres in siltocfon, or deposition,
x
g. Exposure of people or property to geologic
hazards such as earthq,,kes, landslides, m.d-
slides, ground failure, or similar hazards'
_ 1
h. An increase in the rat, of extraction and /or
use of any mineral resource'
_. llvdrologv. Will the proposal have significant
results in:
J
YES MAYBE NO
a. Changes in currents, or the course airstream
•
of flowing streams, rivers, or ephemeral stream
cnannels?
g
b. Changes in absorption rates, drainage patterns,
or the rate and amount of surface water
runoff?
X
C. Alterations to the course or flow of flood
waters?
X
d. Change in the amount of surface water in any-
body of water?
X
e. Discharge into surface waters, or any
alteration of surface water quality?
l
f. Alteration of groundwater characteristics?
X
g. Change in the quantity of groundwaters.
either through direct additions or with-
drawals, or through interference with an
aquifer?
Quality?
Quantity?
X
h. The reduction in the amount of water other-
•
wise available for public ware- supplies'.
X
i. Exposure of people or property to water
related hazards sucn as flooding or seiches?
X
3. Air Quality, Will the proposal have significant
results in:
a. Constant or periodic air emissions from mobile
or indirect sources?
X
Stationary sources?
b. Deterioration of ambient air quality and /or
interference with the attainment of applicable
air quality standards?
__ X
C. Alteration of local or regional climatic
conditions, affecting air movement, moisture
or temperature?
4. Bicta
Flora. Will the proposal have significant results
in:
a. Change in the characteristics of species,
including diversity, distribution, or number
of any species of plants?
X
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
X
. - ��
.
YES MAYBE NO
•
C. Introduction of new or disruptive species of `
plants into an area? X
d. Reduction in the potential for agricultural
production ": X
Fauna. Will the proposal have significant results
in:
a. Change in the characteristics of species,
including diversity, distribution, or numbers X
of any species of animals?
b. Reduction of the numbers of any unique, rare
or endangered species of animals? X
C. Introduction of new or disruptive species of
animals into an area, or result in a barrier
to the migration or movement of animals? X
d. Deterioration or removal of existing fish or X
wildlife habitat?
5. Population. Will the proposal have significant
results in:
• a, Will the proposal alter the location, distri-
bution, density, diversity, or growth rate of
the human population of an area? X
b. Will the proposal affect existing housing, or X
create a demand for additional housing? _
6, c+n- Economic Factors. Will the proposal have
significant results in:
a. Change in local or regional socio- economic
characteristics, including economic or
commercial diversity, tax rate, and property X
values?
b. Will project costs be equitably distributed
among project beneficiaries, i.e., buyers,
tax payers or project users? n.a.
7, Land Ise and Planning Considerations. Will the
proposal have significant results in?
a. A substantial alteration of the present or
planned land use of an area? x
b. A conflict with any designations, objectives,
policies, or adopted plans of any governmental
entities? X
c. An impact upon the qulaity or quantity of
existing consumptive or non - consumptive
recreational opportunities?
3S
Pa'_
YES MYBE
i
NO
•
8. Transportation. Will the proposal have significant
results in:
a. Generation of substantial additional vehicular
movement?
%
b. Effects on existing streets, or demand for
new street construction?
X
c. Effects on existing parking facilities, or
demand for new parking?
X
d. Substantial impact upon existing transoorta-
tion systems?
X
e. Alterations to present patterns of circula-
tion or movement of people and /or goods?
X
f. Alterations to or effects on present and
potential water- borne, rail, mass transit or
air traffic?
X
g. Increases in traffic hazards to motor vehicles,
bicyclists or pedestrians? _
X
•
9. Cultural Resources. Will the proposal have
significant results in:
a. A disturbance to the integrity of archaeological,
paleontological, and /or historical resources?
X
10. Health. Safetv, and Nuisance Factors. Will the
proposal have significant results in:
a. Creation of any health hazard or potential health
hazard?
X
b. Exposure of people to potential health hazards'.
c. A risk of explosion or release of hazardous
substances in the event of an accident'.
X
d. An increase in the number of individuals
or species of vector or pathenogenic
organisms or the exposure of people to such
organisms?
X
e. Increase in existing noise levels?
X
f. Exposure of people to potentially dangerous
noise levels?
X
g. The creation of objectionable odors!
h. An increase in light or glare?
3'I
r.rg< a
YES MAYBE NO
- i
_ i
X
I-
- — -Y
---- -i-
X
11. Aesthetics. Will the proposal have significant
results int
a. The obstruction or degradation of any scenic
vista or view?
b. The creation of an aesthetically offensive
site?
C. A conflict with the objective Of designated
or potential scenic corridors?
12. Utilities and public Services. Will the proposal
have a significant need for new system =, or
alterations to the following:
a. Electric power?
b. Natural or packaged gas:
C. communications systems'.
d. Water supply?
e. Wastewater facilities ?.
•
f. Flood control structures ?.
g. Solid waste facilities ?.
h. Fire protection?
1. Police protection ?.
j, Schools ?.
k, parks or other recreational facilities?
1. maintenance of public facilities, including
roads and flood control facilities?
m. Other governmental services?
13. Erercv and Scarce Resources. Will the proposni
have significant results in;
a. Use of substantial or excessive fuel or energy?
b. Substantial increase in demand upon existing
sources of energy?
c. An increase in the demand for development of
131
new sources of energy?
d. An increase or perpetuation of the consumption
of non - renewable forms of energy, when feasible
renewable sources of energy are available?
3'I
r.rg< a
YES MAYBE NO
- i
_ i
X
I-
- — -Y
---- -i-
X
YES
MAYBE NO
e. Substantial depletion of any nonrenewable or
• scarce natural resource?
X
14. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat -of fish or wildlife species,
cause a fish or wildlife population to drop
below self sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
x
b. Does the project have the potential to achieve
short -term, to the disadvantage of long -term,
environmental goals? (A short -term impact on the
environment is one which occurs in a relatively
brief, definitive period of time while long-
term impacts will endure well into the future).
X
c. Does the project have impacts which are
individually limited, but cumulatively
considerable? (Cumulatively considerable
means that the incremental effects of an
• individual project are considerable when viewed
in connection with the effects of past projects,
and probable future projects).
X
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
,Y
II. DISC"SSIO;: OF ENVIRONZENTAL EVALUATION (i.e., of affirmative
answers to
the above questions plus a discussion of proposed mitigation
measures).
E
. � 4s
D
I' .. , Page 7
III. DETMMINATION
On the basis of this initial evaluation:
ElI find the proposed project COULD NO! have a significant effect
l on the environment, and a NEGATIVE DECLARATION will be prepared.
T find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect
t—: in this case because'the mitigation measures described on an
attached sheer have been added to the project. A NEGATIVE
DECLARATION WILL BE PREPARED.
T find the proposed project MAY have a significant effect on the
envirnment, and an ENvlRUp^tENT IMPACT REPORT is required.
Date 11/10/83 .(
Signature
Director, Community Services Department
Title
M
n G�
� r
CITY OF RANCHO CIICAMOHGA
NOTICE OF DETERMINATION
TO: _ Secretary for Resources FROM: City of Rancho.Cucamonga
1416 Ninth Street, Room 1311 C:ty Council
Sacramento, California 93814 P. O, Box 807
or Rancho Cucamonga, CT 91730
Clerk of the Board
Cowry of San Bernardino
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152
of the Public Resources Code.
Rancho Cucamonga Neighborhood Center Expansion Project
project 74tie
ta:e Ceanngnouse "amoer Contact Person Telepnone Numoer
(II submitted to Clearinghouse)
97Arrow �Highway. Rancho Cucamonga, CA 91730
Project Location F -- Supplementing the existing Neighborhood Center through the
addition of 3600 square feet under roof, an adjacent walled -in courtyard,
raiec: Descr:pnon Supplementing the existing Neighborhood Center through the addi-
tion of 3600 sq.ft. under roof, adjacent walled -ilk courtyard 6 off street parking.
Ths is to advise that the Rancho Cucamonga City Council
Leao Agency or Retiponswie Agency)
has acorroved the above described project and has made the following determinations
rc;arc:ng the above described project:
1. The project _ will, Y, will not, have a significant effect on the environment.
2. A.n Environmental Impact Reporr, was prepared for this project pursuant
to the provisions of CEQA.
X A Negative Declaration was prepared for this project pursuant to the
provisions of CEQA.
The FIR or Negative Declaration and record of Drojeet approval may be
examined at: Rancho Cucamonga Community Services Department
9130 Race line Rd quite 210. Rancho Mamonva, CA 9101
3. Miti ;wion measures ,were, X were not, made a condition of the approval
of :he project,
4. A statement of Overriding Considerations _ was, X was not, adopted for
this project.
Date:
110
Signature
al If City of Rancho Cucamonga _
mull¢
Appendix F
'In OF RANCHO CUCAMONGA
NEGATIVE DECLARATION
1. Brief Description of Project:
Supplementing the existing Rancho Cucamonga Neighborhood Center located
at 9791 Arrow Highway, Rancho Cucamonga, through the addition of 5600
square feet under roof, an adjacent wa'.led in courtyard, and off street
participant parking.
2. Name and .Address of Applicant:
City of Rancho Cucamonga
P.O. Box BO
Rancho Cucamonga, California 91730
3. Pursuant to the provisions of the California Environmental Quality Act of 19 -0,
the City of Rancho Cucamonga has determined that the above project will not have
a significant effect upon the environment. An Environmental Impact Report will
not be required.
4. Minutes of such decision and the Initial Study prepared by the City of Rancho
Cucamonga are on file in the City Clerk's Office of the City of Rancho Cucamonga.
5. This decision may be appealed to the City Council of the City of Rancho Cucamonga.
A written appeal and filing fee must be received by the City Clerk's Office no
later than 5:00 p.m., fourteen, (14) calendar days from the date of the City
Council's decision.
6. This Segatice Declaration is subiect to the implementation of mitigating measures
(if any? as listed on the attachments.
DATED
Mayer, City of Rancho Cucamonga
'�I
V.I.P. CLUB " ' P...4k
SENIOR CITIZENS OF RANCHO CUCAMONGA 17141980-2634
Rancho Cucamonga Neighborhood Center
9791 Arrow Highway
Rancho Cucamonga, CA 91730 November 71, 1903
Dear Mayor n'ikels; and City Manager.
The V.I.F. Club has for the past several weeks been working with
Mr. eill Halley and the Architects to dreFt plans for the new additipn
to the %eichborhood Center. Needless to say we were pleased to be
invited to contribute to the discussions anc have our suoeestions
incorporated into the planning.
We understand that the new addition will be used primarily for
seniors who live in our city. It will also be used for other com-
munity activities evenings and week -ends as determined -y city policy.
The addition will provide a five day week drop in center for the
older citizens of the city. For many of our seniors it will serve as
a home away from home. They can use the center to meet new friends
participate in varied activities and new experierces. In essence it
will provide an opportunity far a large croup of our cities older
population to get involved in new prigrams and return them to the
main stream of community activities.
While our V.I.P. Club represents orly a small percentage of the
seniors in the city, we want yOu t+ k� th't we arnraciate what our
city government has done to meet the rerds OF seniurs.
On behalf of our club and other seniors 'who will use the new
addition 1 would like to thank the City Council and the pla ^n^.rs who
have worked hard to get this project uncerway, h seveial thank you
to 'ill uolley who invited us to help with the in planrinc.
'Ae would be happy to apper as a group at any clarning co ^rission
or City Council. 'eetinq u�er� this project is discuss -d ti answer
questions or make suq-pstiors if requested. �n fA�
I K y r 1 `f L'
SERVICE I
•
1.1 V no b AUrun rtir aunvr_A
STAFF REPORT
DATE: December 7, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
y �y ce
f � iZ
Y
SUBJECT: DEVELOPMENT AGREEMENT: HERITAGE PARK SENIOR CITIZEN
HOUSING L K.
ABSTRACT: This report contains information describing staff's efforts
to develop and negotiate a long -term Development Agreement between the
City and Calmark Development Corporation, the key points of the
Agreement, and a copy of the final Development Agreement.
BACKGROUNOt In April of this year the City Council approved the General
apl n am—en-Ument, zone change and planned development for Calmark
Development to allow the construction of 233 senior citizen apartment
units on 6,25 acres of land located northwest of the corner of Base Line
Road and Archibald Avenue, just south of the Southern Pacific railroad
tracks. Along with these changes, a draft Development Agreement was
reviewed. Included with the zone change was the provision for senior
citizen housing and certain development incentives. These incentives
included an increase in the number of dwelling units per acre, waiving
the usual requirement for covered on -site parking, reducing the number
of required on -site parking spaces below that which is usually required,
and waiving and reducing various City development fees. In order to
guarantee that the apartment units developed as a result of these
development incentives remain occupied by and affordable to those senior
citizens originally targeted, the City Council instructed staff to
prepare and negotiate a long -term legally binding agreement with
Calmark. The final draft Agreement has been completed and is attached
for your review.
SUMMARY OF DEVELOPER AGREEMENT:
The California Government Code (Sections 65864 - 65869.5) allows cities to
enter into agreements with developers, the contents of which shall
specify the duration of the agreement, the permitted uses of the
property, the density or intensity of use, the maximum height and size
of proposed buildings, and provisions for reservation or dedication of
land for public purposes. In April the City Planning Commission
reviewed a Draft Development Agreement and sent recommendations to the
City Council. In May the City Council reviewed the Commission amended
Development Agreement and approved it as a basis to begin negotiations
with Calmark.
CITY COUNCIL STAFF REPORT
DEVELOPMENT AGREEMENT - PO 83- 01 /CALMARK
December 7, 1983
Page 2
a
Tar et Tenants - The tenants who will reside in the project are
restricted except in emergency situations as specified in the
Development Agreement) to individuals who are fifty -five (55) years
old or older, or married couples whose head of household is
fifty -five years or older.
o
Affordable Rents - In April the City Council approved a rental
formula proposed by staff to be used in calculating the rents charged
for the units in the project set aside for low and moderate income
senior citizens; that formula is a part of the Agreement (please see
attached memorandum dated April 5, 1983).
o
Reserved Units - Seventy (70) percent of the units constructed (163
units out of 3 units) are reserved for low and moderate income
senior citizens for a period of twenty (20) years.
o
Annual Review - The City has the right to conduct annual inspections
o t� he project and and shall receive rental and occupancy information
from the project owner on an annual basis.
o
In order to insure that maintenance of the
Maintenance '4056,;V
pro ect is per orme in accordance with the maintenance plan as
in
outlined in the Senior Housing Overlay District administrative
guidelines and in this Development Agreement, the property owner
shall either establish a landscape maintenance district pursuant to
State law and City ordinance or regulation, or at property Owner's
option post a maintenance deposit or other legal security reasonably
acceptable to the City to be used by the City in the event that the
property owner shall fail to adequately maintain the project.
RECOMMENDATIONS: It is recommended
attached Resolution approving the
Development Corporation for PD 83 -01
Development Agreement.
Rtellp�bmitted,
r /�..
Rick G14,r
CityiPlanner
RG:RM :jr
Attachments
CJ
that the City Council approve the
Development Agreemnt witn Calmark
and authorize the Mayor to Sign the
•
I
CITY OF WiNCHO CUCAMONGA
MEMORANDUM
DATE: April 5, 1983
TO: Members of the City Council and City Manager
FROM: Rick Gomez, City Planner
BY: Rick Marks, Associate Planner
}r
_ L �
SUBJECT: APRIL 6 1983 CITY COUNCIL AGENDA; AODEHD'JM TO ITE'^ 4A
L M `I R- S1..Ni
Included in your agenda packet for April 6, 1983 under item 4A, is an
infornational report containing a proposed general Development Agreement
the specifics of which would be filled in on a case -by -case basis and
subject to Council approval.
Staff respectfully requests that page 4, Section 13, the third paragraph
be changed to read as follows:
"Rents charged will be affordable to individuals or couples
earning equal to or less than eighty percent (80%) of the
current County of San Bernardin0 median income as determined
by the Federal Department of Housing and Urban Development,
which rent shall also on an annualized basis be equal to or
less than thirty percent (30%) of the eighty percent (80%) of
the current median income."
For purposes of this section, rents charged for all one (1) beeroo-•
units shall be subject to computation based upon eighty percent (80:) of
the median income for a two (2) person household. Rents charged for all
two (2) bedroom units shall be subject to computation based upon eight}
percent (80%) of the median income for all households (4 or more
persons).
The following information illustrates how rents would be computed and
what they would be if the City Council chores to use the above
formula. The monthly rents can be made lower if the City chores to
grant a developer some or all of the development incentives offere0 in
the Senior Housing Overlay District.
Continued . . . . .
Addendum to Item 4A
Page 2
San Bernardino County: Median Incomes
2 Person Household All Households
S18.700 — 2,1
(Determined by federal Department of Housing and Urban
Development based on 1980 census)
Rent Formula - 1 Bedroom Units
a) 80% of S18,700 • $14,960
b) 30% (max. annual rent) of $14,960 • $4,488
c) 54,489 divided by 12 • 374.00 per month maximum rent
Rent Formula - 2 Bedroom Units
a) 80% of 22,100 • S17,680
b) 30% (max. annual rent) of $17,680 • S5,304
c) $5,30, divided by 12 - $442.00 Der montn maximum rent
ryr
\
. DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 7th day of December, 1983, between
CAL - RANCHO, INC. ( "Property Owner ") and the City of Rancho Cucamonga, a
municipal corporation organized and existing under the laws of the State of
California ( "City ").
RECITALS
This Agreement is predicated upon the following facts:
1. Government Code Section 65864- 65895.5 authorizes the City to enter
into binding development agreements with persons having legal or equitable
interests in real property for the development of such property.
2. Under Section 65865, the City has adopted rules and regulations
establishing procedures, requirements and administrative guidelines for
consideration of development agreements.
3. Property Owner has requested City to consider entering into a
development agreement and proceedings and have been taken in accordance with
City's rules and regulations.
4. City has found that the development agreement is consistent with the
• General Plan.
5. On December 7, 1983, City adopted Resolution 83- approving the
development agreement with Property Owner and said action was effective on
December 7, 1983.
U
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless context otherwise requires,
the following e+: rms shall have the following meaning:
a. "City" is the City of Rancho Cucamonga.
b. "Project" is the development approved by the City, described
further in paragraph 7 hereinbelow.
c. "Property Owner" is Cal- Rancho, Inc. and includes all of its
successors in interest and assigns.
d. "Real Property" is the real property referred to in paragraph 3
hereinbelow.
e. "Senior Housing Overlay District" is the zoning category created
by City Ordinance 193 adopted April 20, 1983.
i�l��
f. "Target Tenant" is defined as individuals who are fifty -five (55)
years old or older, or married couples whose head of household is fifty -five
(55) years old or older.
g. "Affordable Rents" - Rents cha ?yad will be affordable to
individuals or couples earning equal to or less than eighty percent (80%) of
the current County of San Bernardiiio media- income as determined by the
Federal Department of Housing and Urban Development, which rent shall on an
annualized basis be equal to or less than thirty percent (30 %) of the eighty
percent (80%) of the current median income. For purposes of this definition,
rents charged for all one (1) bedroom units shall be subject to computation
based upon eighty percent (80%) of the median income for a two (2) person
household. Rents charged for all two (2) bedroom units shall be subject to
computation based upon eighty (80%) of the median income for all households (4
or more persons).
2. Recitals. The recitals are part of the agreement between the parties
and shall be-enforced and enforceable as any other provision of this
Agreement.
3. Descri lion of Reescal Pro ert . The real property which is the subject
of this greement is ribe more fully in Exhibit "A" attached hereto and
incorported herein by reference.
4. Interest of Property Owner. Property Owner represents that it has
full leg tit a to tie rea property, that is has full legal right to enter
S into this Agreement, that there is no other person or entity which has any
other interest in fee ownership to the real property, and that all other
persons and entities who may hold legal or equitable interests in the property
agree to be and are bound by this Agreement. If there are any holders of
deeds of trust on the real property which may be senior to the lien of this
Development Agreement, the holders of such deeds of trust have assented to the
terms of this Development Agreement in writing and agree to be bound by the
provisions hereof.
5.
'in in Effect of A reement. The burdens of this Agreement shall run
with the rea property an s a ind, and the benefits of this Agreement
shall inure to, the successors in interest and assigns of the parties to it.
6. Relationship of Parties. It is understood that the contractual
relations ip etween icy an roperty Owner is such that Property Owner is an
independent contractor and is not the agent of City for any purpose
whatsoever.
7. Cit `s rovat Proceedin s for Pro'ect. 0n April 20, 1983, City
approved rd finance c treat ng a enior Housing Overlay District. On April
2n, 1983, the City adopted a zoning designation of "Senior Housing Overlay
District" for the real property. The record of the applications by Property
Owner proceedings before the Planning Commission and the City Council of City
on file in the office of City and all of the files and records in these
matters are incorporated herein in full by this reference as though set forth
in full. Property Owner proposes to construct 233 apartment units,
recreational and common area facilities, and 165 parking spaces and other
amenities on the subject property, all as are set forth more fully in the site
2-
1 1',
plan for Planned Development 83 -01 ( "Site Plan ") submitted by Property Owner
_ and approved by City, a copy of which is attached hereto as Exhibit "B" and
incorporated herein by reference. The Site Plan includes various conditions
of approval which are not changed, altered or modified by this Development
Agreement unless specifically set forth herein.
8. Changes in Pro ct. No substantial change, modification, revision or
alteration mays -made in the Site Plan approved on April 20, 1983, without
review and approval by City.
9. Term of Agreement, The term of this Agreement shall commence on the
date first a ove written and shall expire twenty (20) years after the
occupancy of the first tenant in an apartment unit in the Project, but in no
event later than twenty -five (25) years after the commencement of the term of
this Agreement, subject to the annual review described in paragraph 13
hereinbelow.
10. Restrictions on Rental Units. Except as set forth hereinbelow, all
tenants, occupants, an rest ents o apartment units in the Project shall be
Target Tenants. Said apartment units shall not be rented, occupied, leased or
subleased to tenants or occupants who are Target Tenants without the City's
prior written consent, except as set foth below.
Person or persons not a Target Tenant may occupy an apartment unit if he
occupies the apartment unit with a resident occupant whA is a Target Tenant
• and if any of the following conditions are met.
a, in an emergency, and for so long as the state of emergency exists;
Is
b. on a temporary basis, not to exceed three (3) months out of any
calendar year (grandchildren, blood relatives); and
c, medical support personnel or private nurses for resident occupants
who are Target Tenants.
11. Rents and Rent Ad 'u stmen ts. The Property Owner shall establish and
maintain a or a e rents Tor seventy percent (70%) of all apartment units in
the Project. (Said senventy percent (70X) of the apartment units are
hereinafter referred to as "Reserved Units. ") For purposes of this provision,
rent shall include both the amount charged for occupancy of an apartment and
any utility charges if utilities are not separately metered. If utilities are
separately metered, they will not be considered in the affordable rent
computation. (it is speciffically agreed that said restriction on rents shall
apply only to the Reserved Units, as Property Owner would have not entered
into this Agreement or agreed to develop the Project if said rent restriction
or any rent restriction applied to more than the Restricted Units.)
In the event that rents are increased for Reserved Units, a minimum of
thirty (30) days written notice of any rent increase shall be provided to all
affected tenants in Reserved Units and to the City.
-3-
12. Maintenance of Apartments as Rentals. During the term hereof and such
extensions as may be agreed to, all apartment units in the Project shall
remain rental units. Mo apartment unit in the Project shall be eligible for
conversion from rental units to condominiums, townhouses or any other common
interest subdivision in which some fee ownership in the apartment unit would
be granted to a person or entity other than the Property Owner or its
Permitted successor or assignee or in which ownership of the Project would be
transferred to a corportion ( "Co -Op ") or other entity which would then sell
stock or some other cooperative ownership interest to a prospective owner or
occupancy of an apartment or dwelling unit, provided that nothing herein
conta',ned shall preclude the sale of the entire Project to a single purchaser
other than a Co -op.
13. Submission of Materials and Annual Review.
a. Prior to the execution hereof, the Property Owner shall submit to
the City the following information.
(1) An analysis of the cost of the Project including land cost,
construction cost, financing cost, and so forth;
(2) Tenant selection procedures which shall detail the methods of that
Property Owner shall use to advertise the availability of apartments in the
Project and screening mechanisms that Property Owner intends to use to limit
the occupancy of the apartments to the Target Population.
• b. The Property Owner shall file with City an annual report
containing information on the Project specified herein for the proceeding
calendar year. Said annual reports shall be filed with the City no later than
March 15 following the previous calendar year. The report shall contain such
information as City may then require, including, but not limited to, the
following:
(1) rent schedules then in effect; utility charges (if any);
(2) project occupancy profile including age, income characteristics of
residents, number of automobiles owned by Project residents (total);
(3) listing of substantial physical defects in the Project including a
description of any repair or maintenance work undertaken in the reporting
year; and
(4) a description of maintenance of the Project including the
condition of apartment units, landscaping, walkways, stairs, and recreational
areas.
City shall be allowed o conduct annual physical inspections of the
Project as it shall deem necessary provided that said inspections do not
unreasonably interfere with the normal operations of the Project. The City
shall further be allowed to conduct an annual survey of residents in the
Project in order to assess their satisfaction with to Project. The survey may
contain, but shall not necessarily be limited to, questions regarding
mangement /tenant relations, maintenance of the Project, design featuras,
general attitude toward the Project, and so forth.
-4-
I' C1
I
14, Tenant Selection Contracts and Rules and Re ulations. On receipt of
an application for occupany in a Reserved Unit, Property Owsner shall
determine the eligibility of the occupany under the terms of this Development
Agreement. Property Owner shall be entitled to rely on the information
contained in the application sworn to by the applicant. All agreements for
rental of all apartment units in the Project shall be in writing. The
proposed rental agreement or lease,form for the Reserved Units shall be
provided to City for its review and approval, a copy of which is attached
hereto as "Exhibit "E" and hereby approved. Such rules of conduct and
occupancy shall be given to each tenant of ar apartment unit prior to such
tenants' occupancy,
15. Termination and Eviction of Tenants. A tenancy in a Reserved Unit may
be terminated without the termination being deemed an eviction under the
following circumstances:
a. death of the sole tenant of the unit;
b. by the tenant at the expiration of a term of occupancy or
otherwise, upon thirty (30) days written notice;
c. by abandonment of the premises by the tenant; or
d. by failure of tenant to maintain income eligibility pursuant to
the provisions hereof, providing that Property Owner gives tenant sixty (60)
days written notice of such termination, or
e. by failure of tenant to execute or renew a lease.
Any termination of a tenancy of a Reserved Unit other than those listed in
this subparagraph shall constitute an eviction. Property owner shall only
evict in compliance with the provisions of California law and then only for
material non - compliance with the terms of the rental agreement, lease or rules
and regulations of the Project. Property Owner shall establish appeal and /or
grievance procedures and rules and regulations for use for evictions of
tenants of Reserved Units, which shall be submitted to and approved by the
City prior to the occupancy of any Reserved Unit in the Project. The rules
and regulations a copy of which is attached hereto as Exhibit "F" is hereby
approved.
16. Local Residency. Preference shall be given where possible to
applicants tote ro ect who have been residents of the City of Rancho
Cucamonga. This factor, however, shall not be given any priorty over the
other elements of tenant selection in paragraph 14 hereof.
17. Hazard Insurance. Property Owner shall keep the Project and all
improvements thereon insured at all times against loss or damage by fire or
other risks covered by a standard extended coverage endorsement and such other
risks, perils or coverage as Property Owner may determine, During the term
-5-
� 4J
• hereof, the Project shall be insured to its full insurable value. City shall
have the right to review insurance coverage maintained by Property Owner or
its successors and assigns and the power to require additional insurance to be
carried in amounts required by the City at the City's sole discretion so that
the provisions of this paragraph are complied with. City's action or inaction
hereunder shall not subject it to liability to any third persons or entities.
18. Maintenance 6uarant In order to insure that maintenance of the
Project is per orme in accordance with the maintenace plan as outlined in the
Senior Housing Overlay District administrative guidelines and in this
Development Agreement, Property Owner shall either establish a landscape
maintenance district pursuant to State law and City ordinate or regulation or,
at Property Owner's option, post a maintenace deposit or other legal security
reasonably acceptable to the City to be used by the City in the event that
Property Owner shall fail to adequately maintain the Project as herein
required. The parties hereto agree that a maintenance depost of E
is acceptable, which maintenance depost may be in the form of a lettertr ---oT—
credit, certificate of deposit, bond or comparable instrument.
19. S ecific Restrictions on Deve to ent of Real Pro ert The following
specific restrictions s a a so cover the use o t e rea property:
Project. a. only residential uses of the real property are permitted in the
b, maximum density of residential dwelling units in the Project shall
never be greater than 38 dwelling units per acre.
feet. c, the maximum height for each of the proposed buildings shall be 35
d. maximum size for all of the buildings and the proposed square
footage for each of the apartment types located therein is set forth more
fully on Exhibit "8" attached hereto and incorporated herein by reference,
e. provisions for reservation or dedication of land for public
purposes are contained in the conditions for approval of Parcel Map 7827 and
are incorporated herein by this reference.
20. Hold Harmless. Property Owner agrees to and shall hold City, its
officers, agents, emp oyees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may arise from the direct or indirect operations of
Property Owner or those of his contractor, subcontractor, agent, employee o':
other person acting on his behalf which relate to the Project. Property Owner
agrees to and shall defend City and its officers, agents, employees and
representatives from actions for damages caused or alleged to have been caused
by reason of Property Owner's activities in connection with the Project. This
hold harmless agreement applies to all damages and claims for damage suffered
or alleged to have been suffered by reason of the operations referred Loin
this Development Agreement regardless of whether or not the City prepared,
supplied or approved the plans, specifications or other documents for the
Project.
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/j L
21. Afec of Develo at A eemnt on Land USe Re ulations. Rules,
ions, an of icia the real
po is es governing permitted uses o
property, the density of the real property, the design, improvement and
construction standards and specifications applicable to development of the
real property, are those rules, regulations and official policies in force at
the time of execution of this agreement. It is understood that City may grant
Proeprty Owner a dwelling unit density bonus, may reduce its requirements for
on -site parking, may waive its requirement for covered on -site parking and may
reduce and /or waive other fees as an incentive for Property Owner to construct
the Project and for both parties to enter into this Development Agreement.
Such incentives agreed on between the parties are set forth on Exhibit "C"
attached hereto and incorporated herein by reference.
22. Development Incentives. Pursuant to paragraph 21 of the Development
Agreement, tie ity w grant property owner the following development
incentives for development on the subject property:
a. The Beautification Fee levied pursuant to City Council Resolution
79 -1, Section 7.0, will be waived in its entirety.
b. The maximum density per acre on the subject property shall be
increased to 37.5 dwelling units per acre.
c. The maximum number of required off street parking spaces shall be
lowered to .7 parking spaces per dwelling unit.
id. The requirement for covered parking spaces will be waived in its
entirety.
e. Payment of both the Drainage Fee and Systems Development Fee by
the property owner will be deferred and will be payable concurrently with the
occupancy of the first unit on the subject property. The fees will be based
upon the ordinances and schedules in effect as of the date of submittal of the
project and will not be effected or increased by any increases taking effect
after submittal of the project. "Date of submittal" of the project will mean
the time that plans are submitted to the City in order to have the City issue
building permits for construction of the improvements on the subject property.
f. The property owner will be reimbursed for certain off -site
construction costs set forth below from the City of Rancho Cucamonga
Redevelopment Agency Affordable Housing Set Aside Fund. Those off -site
construction costs will include the following:
(1) Construction costs for installation of a storm drain line
from Archibald Avenue to Base Line Avenue;
(2) Completion of off -site improvements on the wrest side of
Archibald Avenue including street widening, paving, curb and gutter.
Property owner will provide for City review bid estimates with such
documentation as the City may request in order to evidence costs incurred by
property owner for installation of these various off -site improvements.
-7-
1
• Property owner will and does hereby assign to City any right of
reimbursement which it may have, whether by law, or by any approval first
granted by City on the subject property, for reimbursement from adjacent
property owners for the off -site improvements, the costs of which are being
reimbursed to property owner by City in connection with this Development
Agreement. Property owner acknowledges and agrees that amounts collected in
the future by the City which would have been reimbursed to the property owner
at some future date will be retained by the City by reason of this assignment
and the City has expedited and accelerated the reimbursement process by reason
of this Exhibit "C" to the Development Agreement and has advanced City monies
for reimbursal, which City monies will be reimbursed to City by future
property owners.
23. Enforcement. In the event of a default under the provisions of this
Agreement— yb—Property Owner, City shall give written notice to Property owner
(or its successor) at the Project, or by registered or certified mail
addressed to Property Owner at the address stated in the Agreement, or to sucr
other address as may have been designated by Property Owner, and if such
violation is not corrected to the reasonable satisfaction of City within
ninety (90) days after such notice is given, or if not corrected within such
reasonable time as may be required to cure the breach or default if said
breach or default cannot be curred within ninety (90) days (provided that acts
to cure the breach or default must be commenced within said ninety (90) days
and must thereafter be delinquently pursued by Owner) then the City may,
without further notice, declare a default under this Agreement and, upon any
such declaration of default, the City may bring any action necessary to
enforce the obligations of Property Owner growing out of the operation of this
Development Agreement, apply to any court, state or federal, for specific
performance of the provisions of this Development Agreement, or for an
injunction against any violation by Property Omer of any provision of this
Agreement, or for such other relief as may be appropriate, it being agreed by
Property Owner that the injury to City arising from default under any of the
terms of this Development Agreemnt would oe irreparable and that it would be
extremely difficult to ascertain the amount of compensation to City to afford
adequate relief in light of the purposes and policies advanced and satisfied
by approval of the Project and by this Development Agreement.
24. Event of Default. Property Owner is in default under this Agreement
upon the appening a one or more of the following events or conditions:
a. if a warranty, representation or statement made or furnished by
Property Owner of City is false or proves to have been false in any material
respect when it was made;
b. if a finding and determination is made by the City following an
annual review pursuant to paragraph 13 hereinabove upon the basis of
substantial evidence that Property owner has not complied in good faith with
any of the terms and conditions of this Agreement, after notice and
opportunity to cure as described in Paragraph 23 hereinabove;
C. breach by Property Owner of any of the provisions or terms of this
Agreement, after notice and opportunity to cure as provided in Paragraph 23
hereinabove.
8-
25. Proceedin U on Default. City does not waive any claim of defect in
performance by roperty Owner on periodic review City does not modify or
terminate this Agreement. Nonperformance by Property owner shall not be
excused because of performance by Property owner of the obligations herein
contained would be unprofitable, difficult or expensive or because of a
failure of any third party or entity, other than the City. All other remedies
at law or in equity which are not otherwise provided for in this Agreement or
in the City's regulations governing development agreements are available to
the parties to pursue in the event that there is a breach of this Development
Agreement. No waiver by City of any breach or default under this Development
Agreement shall be deemed to be a waiver of any other or subsequent breach
thereof or default hereunder.
26. Ri hts of Lenders Under this A reement. Should Property Owner place
or cause to be p ace any encum ranee or ien on the Project, or any part
thereof, the beneficiary ( "Lender ") of said encumbrance or lien, including,
but not limited to mortgages shall have the right at any time during the term
of this Agreement and the existence of said encumbrance or lien to:
a, do any act or thing required of Property Owner under this
Agreement, and any such act or thing done and performed by Lender shall be as
effective as if done by Property Owner himself;
b. realize on the security afforded by the encumbrance or lien by
exercising foreclosure proceedings or power of sale or other remedy afforded
in law or in equity or by the security document evidencing the encumbrance or
lien (herein called the "Trust Deed "), and to:
(1) transfer, convey or assign the title of Property Owner to the
Project to any purchaser at any foreclosure sale, whether the foreclosure sale
be conducted pursuant to court order or pursuant to a power of sate contained
in the Trust Deed;
(2) acquire and succeed to the interest of Property Owner by virtue of
any foreclosure sale, whether the foreclosure sale be conducted pursuant to a
court order or pursuant to a power of sale contained in the Trust Deed.
27. Notice to Lender. City under this Agreement shall give written notice
of any de au t or reach under this Agreement by Property Owner to Lender and
afford Lender the opportunity after service of the notice to:
a. cure the breach or default within thirty (30) days after service
of said notice, where the default can be cured by the payment of money;
b, cure the breach of default within ninety (90) days after service
of said notice where the breach or default can be cured by something other
than the payment of money and can be cured within that time; or
c. cure the breach or default in such reasonable time as may be
required where something other than money is required to cure the breach or
default and cannot be performed within ninety (90) days after said notice,
provided that acts to cure the breach or default are commenced within ninety
(90) day period after service of said notice of default on Lender by City and
are thereafter diligently continued by Lender.
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1
28. Action By Lender. Notwithstanding any other provision of this
Agreement, a Len er may orestall any action by City for a breach or default
under the terms of this Agreement by Proprety Amer by cu,imencing proceedings
to foreclose its encumbrance or lien on the Project. The proceedings so
commenced may be for foreclosure of the encumbrance by order of court or for
foreclosure of the encumbrance under a power of sale contained in the
instrument creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or breach by
Property Owner unless:
a. they are commenced within thirty (30) days after service on Lender
of the notice described hereinabove;
b. they are, after having been commenced, diligently pursued in the
manner required by law to completion; and
c. Lender keeps and performs all of the terms, covenants and
conditions of this Agreement requiring the payment or expenditure of money by
Property owner until the foreclosure proceedings are complete or are
discharged by redemption, satisfaction, or payment.
29. Liabilit of Lender. No Lender shall have any liability under the
terms of t is greement un ess it acquires title to the Project through
foreclosure or a deed in lieu of foreclosure in which event, it shall hold
• title to the Project subject to the obligations of a successor to the Property
owner as herein provided.
30. Rent Control. In consideration for the limitations herein provided,
the City agrees Ehaf-it shall, during the term of this Agreement, not take any
action, the effect of which will be control, determine, affect the rents for
apartment units located in the Project; the parties herein agree that the
controls or limitation of rents on the remainder of the apartment units in the
project.
ID
31. Attorneys' Fees. In any proceedings arising from the enforcement of
this Deve opment greement or because of an alleged breach or default
hereunder, the prevailing party shall be entitled to recover the costs and
attorney fees incurred in the proceeding and such reasonable attorneys' fees
as may be determined by a Court in any legal action.
32. Cumulative Remedies. The respective rights and remedies provided by
this Deve opnent greement or by law or available in equity shall be
cumulative and the exercise of any one or more of such rights or remedies
shall not preclude or affect the exercise, at the same or at different times,
of any other such rights or remedies for the same or different defaults or
breaches or for the same or different failures to perform or observe any term
or provision of this Agreement.
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33. Bind_ingEffect. This Agreement shall bind, and the benefits and
burdens hereof shall — inure to, the respective parties hereto, their legal
representatives, executives, administrators, successors and assigns, provided
however, that if Property Owner sells the Project and the purchaser assumes
Property Owner's obligations hereunder accruing after said sale then Property
Owner shall have no obligations hereunder after said sale is consummated.
34. Recordation. This Agreement shall, at the expense of Property Owner,
be recor a in t e official records of the County of San Bernardino in
accordance with provisions of the Government Code.
35. Miscellaneous. This Agreement shall be construed in accordance with
and govern y e aws of the State of California. The provisions of this
Development Agreement shall be liberally consrued to effect its purpose as set
forth herein and in the attachments hereto. Whenever the context so requires,
the singular number includes the plural, the Plural includes the singular,
masculine gender includes the feminine and /or neuter and the neuter gender
includes the masculine and /or feminine. Thc time limits set forth in this
Agreement may be extended by mutual consent of the parties in accordance with
the procedures for adoption of a development agreement.
36. Partial Invalidity, If any provisions of this Agreement shall be
invalid, i ego or unen orceable, the validity, legality or enforceability of
the remaining provisions hereof shall not in any way be affected or impaired
thereby.
• IN WITNESS WHEREOF, this Agreement has been executed by the parties
and shall be effective on the day and year first above written regardless of
tb- date of actual execution hereof,
PROPERTY OWNER:
BY:
Name ( ;7tle)
CITY:
CITY OF RANCHO CUCAMONGA
BY:
BY;
IV
-il-
�11
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN BERNARDINO
On _ , 1983, before me the undersigned, a
Notary Public in and for said County and State personally ap-
peared and _
proved to me on the basis of satisfactory evidence to be the
persons who executed this instrument as Mayor and City Clerk,
respectively, of the City of Rancho Cucamonga, a municipal
corporation existing and organized under the laws of the State
of California, and acknowledged tome that the City of Rancho
Cucamonga executed it.
NOTARY PUBLIC
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
• On , 1983, before me the undersigned, a Notary
Public in and for said County and State personally appearec
ano , proved to
me on the basis of satisfactory evidence to be the persons who
executed this instrument as and
on behalf of , and acknowledged to me
chat the corporation executed it.
NOTARY PUBLIC
0
•
V]
EXHIB1T 'A'
(Legal description of the Project)
Parcel No. 1 and 2 of Parcel Map No. 7827, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per
Book _, Pages _ and _ of Parcel Naps, in the office of County
Recorder of said County.
EXHIBIT D
rwm nRw.Trn CALMARK REALTY MANAGEMENT, INC.
APARTMENT LEASE
TNIE1EALE.MiKNInw11111 - wb. ,1E- ,"lnaMMn
n1a1Yrt1 u11. "Ow1.r^ tLEEiOR) end
.."Ral \K u11K1 •"[runt•' ILL15CLi.
TnK OWNI Yb unto MO TENANT TY floor In. OWNER, let .WMnt YI YO Only. lM pNmIY[ Ynown •[ AYnIrYn1 at
. CYlfllmy, for "Al 1WIn Of "I
YIE On M Yr Ol M• rwl{ll OI ORRRI E f. Y[n mnlll.
Tart a1N .M YYIRM In [Man[! on \n• a•Y of Y[tl •. WI .Tln M1nnp Yla lYm.
Tu Rw oo WY Is follow'.
1, OWNER gwMMEw War from TEPlANT Or lM 4m 01 E tll w[urlry 11 '. Will' told (21 .YY[ 1110/ Nrmm.tlon el Ill,
Rom.-,, OWNER [Plll W.I. to TLNANT I. N01 <I.."ty doV.Il n. Iwaduny.r� •N.Y fulablY .1 W M4er TLNANT$ Y11ur,, in I.
YvmK4 of MI, to Moir aomadda 1p in. pIM11Ra .. W " TCN ANY MDM walnlry Mr and tYr, or t0 W.I Won premlW upon Inmm TO^
bl in.'ent -, Tn. V[uIItY a.DWt If I., to M WRllw.[ 'ant railing I. farm OI IN. WNm.nl Snbla IM N[vOry }pOJI• do ." Dwllen
.1, M u "ladd 1O...' O.m.EN do"I"IaKm K Mn day Im ,TENANT...• to Immoallttly awo4\ .rltn OWNER 1 Ym oltll(Ynt in OynO Y.d
oRV tl1Y a.p..% ua IP IM dgmu [mewl tnor.f, No into..' 11 to D. Yla pn 4[11 y 'It' a.RDUI. TLNANT W. to IuTNn 1. 111E R •n •d,
bW ow ton In• OWNER m.v Y Ifu. In bler0l, u[n Nolllty Owwll or 1n. Dol.nO lNo opt, t0 M. TENANT.
L Nor .,a. or Inwq: III. N-41.N NI /1 y.,1. IR w..l.111. 1.
1 TLNANT RYII net Hw.l. any fours rrmant., YF In . uY oI M. prorniw[, III ... w "ourro1..nnq, melMl. or mt.11•r. rIM •n, ef-
lon.nt w woodrow. TENANT YIYI Op.Y .a timely .rIP .II "N. NI N. II any. Y •t4O1.o nW.to an0 lnCOrporK. ""T ARalllon.l'I 'EVAN-
W...o ... ev .nr IIINndlwnt. tO..1 ^IIWw rofoE^ Erwlaorl TENANT I[ 0. Tn." 4.Y.'.r.K. .+ItNn nellc. or udr cn.n off, old ruc-
Wnp.....WOn.eY and .wq to .0 T.Nm[ MR.
A 4[.pt I., Y may b. orwle•a by I.. nD loser,., OSwKIOn. w NiK.iren. W.II Y son.."farn OWNER, ollw ."'roar [MY ^I
!. TENANT Iy m.e.[tb m.w.ml.g Nmwmr .na odu10 1. lr .wllusl...a n., leuna tn"m• IO Y Ylnhwwr. All plum b�no, n.le^p
1. a.fnul .pbonu. m oD.nlN.. and rurmtun, a mY. at Intro tw. I. nt1[n.a noon. nY e.. In.Rt. "a a ewnf. odvoyc,ory eY TEL.
ANT, unlw TENANT nn In.I.Int In vnUna to m• cenvw on .111.1 munlmoa mv.iwY or upon ImI lodlum.t.
a. TCNANT.1 . le Y Wp In . 1.r u••n, Ynluly..1. m loud order .a 1.par 0unnp m• arm of tm. Nn.[v,an, to wmle•1 •n. frm• In
lla(oneul on. lN.nlm. .'Y ma fur •.uuW6
T TENANT It to Pay rw in* folowrn. uIDNN Onlvl
E. Tn. unaoYp. TENANTS, Indira, er not 'n .ctY. oofYUmn or I. onmlY.. u. IOInt1Y Yfa Nvaul. Il.eu roe al' rent in(.r. •o Ournp t ^•
In er mn RaRfom.nt, no of tll Ym. }. 1. In. pNm W. p.Yfac or ..-Ill. by TENANTS, in.., uNU ln. mrll.[
p. II any Wt. Kilen o1 M pwuMl .1 Nt1N o.ny to .nlel[..11 part .11n1. ANNm.ni, in. DNNIlII1M p.nY N.II recd,••, in .0.'110^
"Iff. YNYd1<bnl. moupinp nto. n. r'. I..., frool".1 01 net 1..cimn orb[... to Nalnal'
]I, DI. OWNER Ill. 1Nnlf. •. lary"W"Na, ..lent[. lnp /OI .1010Y.N1 may no DN-nda In UY of • M }n<Y. to m nK[lYry er
Wood Ynl[.f. 1 moll I mwKlly. .1 flu., o n.Nrt, Nnann., wol."m .1 f,mYoI CKapl In t1. cp. au .rNncY Or
M".1-Ro moNCllcll 1. 40 w. tM OWNER tnall Vv. TLNANT Iw.11t Y'f Wr Il.l noun •tIvin(• noel[.. 400 off, •n Nl eurino nOrn.l yfln.ff
n 11` AlvwN al.".d n D Im", c lam I. I.. uIur., R.1mant 111.1, •110 eV Ymo.ul.Mnt. 11 .1,, no form D.n r, od,. ^I
1] e Tb[ , •no OaMn.lurn.b n.no (o11tINtY 11, 0"1114 AV-1111 par.., m NrnY. TnK. n no aet Nor.w1 1.1.
i Ow EP N.III
way od l ittle i I. Inrud,1 bl OWNER,tno OrNnIY.4nnot Na.11vN. upon(Omm.n[.monl YI•, ' n I'll Manl,
In. - ENANYII .. NaIIpYr, untl' Yle po.Y..lon , M ar or m.. .lall.y.
1.. YEN.NT If ENnI. no ,loll 1. uY.1 InI I,. I, ..N. rI 10 lI., l.nanit..moul 1111, [O.....
11. 11 in. TENAN` Nau 1 •nK 11. Ypu NlOn of In WN 1 .11, t1. r01Yn1 el In. OWNER,..e•KYO o mpne f ^
u.0 N , onl Tto-mOnN om,, .na net . roMr.l norq., and TENANT W.a \P Of, rrmt .no HI o11or MaY, w n.nm.oeN or n r •q.^ or
nano .no ... `.o [.m." off, all prO Vl.lon. n.Mr, to • .IN TENANT 10101 door n in.. Wl' In.' 'Nor tonan(y creel.. OY 1111 Ao'•.m.1 f
Nn•IIY . rrron N.ldmonm t..n" 01 onllo OrlYn.11Y ,lot . mOntn• ct-on" f.niml," IRdru'. YCOm. ad "Ift, In. pl RII. or.... p ....... oI,
DII1'tdmOnln 1• ll m.Y M I.rmin[t..ly .1 Ina Nvin[ OI a MIrty i301 day wr'Itton notlu In .dY.n(o by Mln.r wrlY nnalo 1. 0
..III
16. EK1 • .Ill Dlorllloll n n N.1mlinp Ypon one I"un Ip.n. N'Ort of lI.'ll" iY.Wnorl, ..mm lard..... Wl'ifi , o u•pn Na O
OWNER, and In. lout, aa.ul0l5 and f adminMl.ton of TENANT, and ...I I. ..V, el TENANT N .Y •1110 . ^... ^K pNI m.• nlln 1 a
OWNLR'S MRt.n Woolf
17 , to om{ WY to ..011., 11.1 C1 (n. IINI .1 m. monm, nnl N.11 N Owalb IP I. flf[1 day of In. noel m non,
11. OWNER m.11 net do 11.11. t. TENANT In .11, .1 111.1 -Y, rd .Y dam'". Intronrlonflarrod, N [lalm wlll(n ru t Ir [t. "'I
wt. .1 lo-yanant'. wnb luamt df m m• R,I.111. Own or 01 Q..f of (omluW. DrPNrry, d In f., lo In. OWN
LR " m.aa
rapon.pN 0AIf,ol. fly l0.bin( prolI el 1.w.
1\, In In. w.nl 11.. 1 Allmon. 1.11. alto TENANT .r. Idol\ tD.0. YrYIn1.1. aY1, Nall e. YNd Wry old..UYYNIV 1., 11. 0.11. np
D1 automd Klw .1a W net w uYO 1 I. b.,po.f o -.I." env I..II. tP R. 'n .YtemOplNt, and .Y[.Yly. aIYY a101d o11 Orl0ulnp. mu.1 of
W.n•d uo Immodl.1.1, .I Inl..1.Y W TENANT er In. automwlla muff b car... .11 11. a,. I.l
]0. Wt- ey OWNER of any with, of Imy tam Of fdndlllen.1 If,, .lwmanl Nall na [onalltul.. no., Or Wpall-I prYC1K Tn..4.o1
.M. o .1 by OIYNEP ..... ..y O.Nyn 11 wYEn n ndl of fon.nY.d 10 wNM.Y "go, of OWNLP O, .'Wt . r Np.
In. I 11K nlor. [rHn o r rn lln, Ry rY Dr .'R NI.u11 w MY(n. In. OW M[R m•Y pit. or rOmman(•. YO �or•1rI• • n .
OWNER o MI n .1 in.nr.al 1w o.d In w TnrNOav NOut. to Pay Ro ^I or Qvlt vall not NI inf OWNER from commo ( f _ ar
luI Data,- 0 KYdln. p140laa. uoon I. lift. Nr. rd I. • 1 Na[I.4. m noll<. Wo I. pN11.1 .aYT.n1.
21 Tn. vNmlu. 01111 only por a saki If I, Yn.•fn..d. d0fl In tllller..
t] Ael.1 OwNER'S a ,l M. ' . dud. .l • or w1 m.l Dr ub1 .• .owed In or .000I Y'0 onmlaK. oom ll.
Y wrtndIt- u n 10 do,. .dv.(a -111-'n011r.
iJ, TEN.b' mfr 1., wpl.l ... ........ or aYlpn It It.'.' In mn uaw +gnout 1m ill..' wr111.rr conuni Jnn. OwkEo A
OL.M1M of aunnm.l mw not M ...m1. a.dn own, 1. anv el N• o o a
IN NITNcss.w EP E0., 11 o.nl.a 1.,...& 1 1,,,.NNm. .... .... 111....N+m ll.,
CY
HOUSE RULES
1. IMII \, IK\I \. Nid \. OI Kltr\ MNI Mt W 011wn Into fM.11.4hk, w %N h.,i OI Yw.YmIM \ ny miI11nM M My DYlnq pl m.rrinq pr
i rdpdnV lY W OIKIYIIM vltnOVl IM i.i1 \ {i DtITlYlpll V tM MiI1TM1 TMiFiI LCSSCL Mill M IiypMlNi Ip OtmigY pt[i \iOnp pY •IOIi'
,,,N, Ol 1.14 NM In bdlllOn I.lM aMVF LCSSCE MNI 1Ol lnttill ift,' Nllal, gYn[I IO,.f DI IM1111 OI Man[Y MY II[nlinq IIY1ulY\ wlln OUl rlrll M;'
Iln[ IM .11Nw1 iplpil In idYi .. W IM L"so".
L Cl..—Ni npt Ip 0111 OI Di unnipWlllY In {M On11in00. NNIwYYt. p1 iMImmIM 0.1 il...
} In [MildYritlpll of oth. , IM41nii.1 INN, WM\ 'hi not I. mWi inY dlilu lDlM n.IY N ih, 11— ulpli S', 00 �.M. in0 illYr 10 30
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10
CALMARK REALTYMANAGEMENT, INC.
HOUSE RULES
1. The residents' family and guests shall have due regard for the confort arc enjoyment
of all other residents in the apartment community. your apartment it yon hone, free
flan interference few Management, unless you or your guest disturb other pensens.
Occupants and guests shall waletain order In opartalint at all times. Tc'erlsiors,
stereo units and Musical iottrunents shall not pe played at a volume that errors
persons in other apartments.
2. Residents mast agree not to change or alter FOOS at any time, unless written
permission is given from Management.
3. Occupants are limited to one (1) family and no wore than two (2) persons Der bedroom.
e. Appliances, plumbing, heating and air conditioning: please theca with Management if
you do not know how, to properly Operate these items, we will advise you M details so
Is to get the ultimate performance. Resident shall turn off heat and air when
windows and doors one pear.
S. Please submit AM intenance requests to the office phone: (619) 329 -1844, during
business hours. Services are available after hours for emergencies only these
include fire, store damage, heat and water damage.
6. ADartne nt dwellers should have personal Theft 1 rite Insurance. our bui'd•ngs are
covered, but your personal belongings tuth as clothes, furniture, etc., are not.
7. Swimming pools and patio area are for all residents and their guests. Since the
pools are being used by many apartment units the residents MUS' BE considerate of the
rest of the residents In the matter of inviting guests, as the resldents l,v'ng here
au st have first consideration as to the use of the pool. It is suggested that the
residents give careful thought to inviting guests during hours that the goo' is in
heavy use. ALL GUESTS should he registered with the Management and .11) not be
Allowed in the pool unless accompanied by the resident that has invited the^
• 8. the clubhouse is for the use of ALL RESIDENTS, during open hours, not for just a few
to enjoy. She also allow for residents to reserve the club for private perties, Tnis
must be approved through management and you will be responsible for leaving the hone
clear . and orderly. you n, also responsible for any or your guests who maj cause
damage dun rag the party.
9. All cars are required to have a Heritage park sticker in the back window. Cars are
subject to be towed without this sticker.
In. Please 00 NOT park your can by the building if you leave before 8 A.M. Mere• back
into a parking space by the building, as the fumes go into the apartments and Cause
d,scnnfart to your neighbors. Please help us to keep your lots clean. NEVER du---
yo'ar ear aTntray onto the lot.
11. Please, say your 'Goodbyes' to your guest inside your apartment if they leave At
night. Bc considerate of your neighbors - AT ALL TIMES.
12. Please ask all visitors to park in outside parking spaces, leaving the spaces closest
to the buildings for residents.
13, visitors should not bring PETS with them, If you have a pet visiting, please notify
the office.
14, smoke Alarm: Steam or smoke will Set off the Alarm. The noise will not hurt you or
the unit. Turn on the fan above the stove while cooking, this will help to eliminate
the Steam or woke.
15. Management requires that only white backing on curtains be allowed in windo.a, no
colors, prints or flowers should be hung, please, if you have plants, It is your
resDonsiblity to Out a container underneath so At to catch any water that may leak.
You will be hold responsible for any damage that Meter My do to the "'Prt'ng,
16. gnagenent shall have the right to make Such other reasonable rules from time to tine
n they judge necessary to enchant, the cleanliness and orderliness of the prem'tes
And safety and con fort of occupants o/ the buildings. Notice of my additional rules
and regulations .111 be given to the residents In writing.
I HAVE READ THE ABOVE RULES SET FORTH By THE MANAGEMENT OF HERITAGE PARk, AND AOREF
TO ARIDE By THEN AT ALL TIMES.
Managnment , .2" R <N tllnt a e
J
EXHIBIT F
1. RIGHT TO B HHRINC
Upon filing of a written request as provided herein, a
complainant shall be entitled to a hearing before the
Hearing Panel.
2. DEFINITIONS
a. Owner is used meaning owner or his Authorized Agent.
b. Comjlainant is defined as any resident whose rights,
duties, welfare or status are or may be adversely
affected by Owner's action or failure to act and who
files a grievance or complaint with the Owner with
respect to such action or failure to act.
c. City as used herein shall mean the City of Rancho
Cucamonga.
d. r*,rieyAn_CC lu C=Jaint is defined as any dispute with
respect to Owner's action or failure tc act in
accordance with lease requirements, or any Owner's
action or failure to act involving interpretation or
. application of the Owner's regulations, policies or
procedures which affects the rights, duties, welfare or
status of the complainant.
;• I •: . ,
a. Any axcievance 9r complain must be personally ps a n d
to the Owner's office or to the management office of the
project in which the complainant resides so that the
grievance may be informally discussed and settled
without a hearing. The grievance or complaint must be
signed by the complainant and filed in the office by him
or his representative within 5 days of the Owner's
action or failure to act which is the basis for the
grievance. It may be simply stated, but shall specifiy:
(1) the particular gr 0und(s) upon which it is based; and
(2) the action requested.
A copy of the complaint shall be retained by the
complainant and a copy should be filed with the project
manager. All complaints and /or copies must be date -
stamped at time of receipt by the Owner.
b. An answer in Yritino Zp EACH RomDlaint. dated and signed
by the project manager, or other appropriate official,
shall be delivered or mailed to the complainant within a
reasonable time (generally within ten working days). A
copy of the answer shall be filed with the complaint. in
1
the appropriate project office. The answer shall
• specify:
1. The proposed disposition of the complaint and the
specific reasons therefore;
2. The right of the complainant to a hearing; and
3. The procedure by which a hearing may be obtained.
c if the rnmpininAni lg •.' =,-ti =fib with the proposed
disposition of his complaint, as stated in the project
manager's or other Owner official's answer, he may
submit a written request, to the Owner or project
manaement shal9l be made office,
withinr a a reasonable t reasonable of written
the date eof
the answer to his complaint (generally ten working
days). The written request for a hearing must be date -
stamped and filed in the appropriate Owner or pcojec�
management office along with the complaint and answer.
The Hearing Panel shall be advised promptly of the
request by the appropriate official; shall schedule the
hearing as promptly as possible for a date, time and
ace shall reasonably
of ormb th ec complainant thereof complainant;
in nwriting.
• d. time a r i od a l l oL d i n0Y s eQi1P.o
L haarina within the
time period allowed in Subsection c. above, he waives
his right to the hearing, and the owner's proposed
disposition of the grievance will become final.
COMPOSITION ANY SPi PCTION a THE HEARM PANEL.
4. The hearing
Panel shall consist of five members; two selected from a list
of tenants; two appointed by the Owner; and one impartial and
disinterested member (together with an alternate) chosen by
the Hearing Panel members. In the event that the four
Hearing Panel members cannot agree on the fifth
im a
impartial
ial
member, then such fifth member shall be app Y
City. The Chairman of the Hearing Panel shall be elected by
the members of the Panel. Three votes shall be required fo-
any decision by the Panel.
a. Th.rp shall " I14 L013iiME 21 t1m CQMg1alnLn1 on the
Panel which hears nis complaint; nor shall any officer
or employee whose duties and responsibilities involve
him in member ofn the the Panel a for that particular s part cular hearing•
5. .THE HEP.81M
a. The parties
shall LE EnS.1t1Ed tD a fair haacine before
the Hearing Panel and may be represented by counsel or
person chosen as a representative.
b. The hearing shall he BLiY�atE
2
c. 11 ilia d" uU is Dyrx Slit AID ii= of rent or other
charges which the Owner claims is due, the complainant
Shall deposit the amount in dispute in an escrow account
pending settlement of the dispute by the Hearing Panel.
if the complainant fails to do so, it shall be
determined that the complainant has waived his right to
the Hearing.
d. If d enmol AinADI fails ID ApptAl At A RzAj inc, the Panel
may postpone the Hearing for five working days, or may
make a determination that the complainant has waived his
right to the Hearing.
e. At the heslrina t.ht b_4LSaZ 9i proof is on the complainant
to prove his case. The complainant may present evidence
and arguments in support of his complaint. The Owner
may confront and cros..- examine all witnesses on whose
testimony or information the complaint relies. Hearings
conducted by the Hearing Panel shall be informal, and
any oral or documentary evidence, shall be limited
however to the facts and issues raised by the complaint
and answer, must be received by the Hearing Panel with
regard to whether that evidence would be admissable
under rules of evidence employed in judicial proceedings.
•6. DSCISIOM DF 2U REAR Ar. pANF,j,
a. The decision of the Hearing panel shall be based solely
and exclusively upon facts presented at the hearing. To
the extent that the decision is not inconsistent with
State law, and to the extent provided in Subsection C.
below, the decision of the Hearing Panel shall be
binding on the Owner and Complainant.
Ilie Purina panel Shall Dtsnare its wLitten derision,
including a statement of findings and conclusions; as
well as the reasons or basis therefor, upon all material
iss -jes raised by the parties. This shall be done within
a reasonable time after the date of the hearing. Copies
thereof shall be mailed or delivered to the parties
and /or their representatives.
Sf She dsisinn la in fAYnt Li the VQIQlAibant, the
Owner shall within a reasonable time take all actions
necessary to carry out Such decision or refrain from any
action prohibited by such decision unless the Owner's
counsel determines and notifies the complainant in
writing within 30 days that the Hearing Panel has acted
arbitrarily or exceeded its authority. In such event,
the Hearing Panel's decision may be judicially reviewed.
31 7. tivT1C;, I, 9ACLU kmll PS
a. if the Tenant has realrEaied A hearinn on the proposed
11
eviction and the Hearing Panel by its decis'_on upholds
the Owner's or project management's proposal to evict,
an action to regain possession may not be commenced
until after the Tenant's right to use and/or occupy the
premises has been terminated by lawful notice. Such
notice to vacate may not be given prior to the date on
which the Hearing Panel's decision upholding the
proposed eviction is delivered or mailed to the Tenant.
b. When 8iith DQY3.LY Yg varatc i5 AiY£D U the JenAlt, he
must be informed in writing that;
(1) If he fails to quit the premises within three days,
appropriate legal action (dependent on state law)
will be brought against him;
(2) If suit is brought against him, he may be required
to pay Court costs and attorney fees incurred.
RESOLUTION N0. 4"7 -09CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA AND CALMARK DEVELOPMENT CORPORATION
REGARDING PD 83 -01 AS APPROVED BY THE CITY COUNCIL
WHEREAS, the Planning Commission and City Council have held public
hearinas on and approved PD 83 -01 ( Calmark); and
WHEREAS, the Planning Commission and City Council have reviewed a
proposed Development Agreement pursuant to Sections 65864 - 65869.5 of the
Government Code, and authorized City staff to use it as the basis of
negotiations for a long term agreement between the City and the project
developer concerning various development incentives and rental conditions; and
WHEREAS, the City Council has reviewed and held a legally noticed
public hearing on the final Development Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga, California has determined that the proposed Development
Agreement meets the concerns of the City regarding rental rates, availability
of units for target tenants, maintenance and the overall concerns of the City
. regarding projects developed under the Senior Housing Overlay District.
BE IT FURTHER RESOLVED, that the City Council approves the
Development Agreement between the City of Rancho Cucamonga and Calmark
Development Corporation regarding PO 83 -0I and hereby authorizes the Mayor to
sign the Agreement and have it recorded with the County Recorder.
PASSED, APPROVED, and ADOPTED this 7th day of December, 1993.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
kep
Jon DiM eis, Mayor
j `,
Commissioner Rempel addressed the issue of schools and advised that the City
has no authority over schools or the number of students, however the City has
established a policy that does not allow residential development to take place
until they have the approval of the school districts. He further stated his
concern with the stratification of the City by income levels and expressed his
opinion that low income people also deserve a view and a nice place to live.
Motion: Moved by Barker, seconded by Juarez, carried, to deny General Plan,
Amendment 83 -04 A, Carnelian Investments.
AYES: COMMISSIONERS: BARKER, JUAREZ, REMPEL, STOUT
NOES: COMMISSIONERS: MCNIEL
RSENT: COMMISSIONERS: NONE
Motion: Moved oy Barker, seconded by Juarez, carried, to deny Zone Change
83 -03, Carnelian Investments.
AYES: COMMISSIONERS: BARKER, JUAREZ, REMPEL, STOUT
NOES: CGMM —" ONroc: MCNIEL
ABSENT: COMMISSIONERS: NONE
H. GENERAL PLAN AMENDMENT 83 -04 B - SYCAMORE INVESTMENTS - A request to amend
the General Pan Land Use Plan from Office to Neighborhood Commercial an
5.44 acres of land located at the northeast corner of Archibald and Base
Line - APN 202 - 181 -21,
I. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -04 8 - SYCAMORE INVESTMENTS -
X—c ange u zone rom A m nistrah ve ro essiona to C -i
(Neighborhood Commercial) on 5.44 acres of land located at the northeast
corner of Archibald and Base Line - APN 202 - 181 -27.
Rick Gomez reviewed the staff report.
Chairman Stout opened the public hearing,
Jack Tarr, representing Sycamore Investments, addressed the Commission stating
his request is not for elimination of a policy but to focus in on a specific
request, He stated that the major difference between the present zone and
proposed zone is an increase in the allowable retail uses and does not
intensify the area. He introduced Nelson Wheeler of Caldwell Banker who has
done a market study on the area.
Nelson Wheeler, 9820 Redding Way, Upland, addressed the Commission stating
that the property has been marketed for two years and very few users have been
interested in this site, preferring to be located along the Foothill Boulevard
10 Planning Commission Minutes -15- September 28, 1983
1 1 i
corridor. He adivised that this property is in competition with three other
market areas; namely, the I -10 off ramp corridors of Vineyard, Archibald, and
Haven, the area surrounding Dntario airport, and the Mountain Avenue corridor
in Upland. He explained that this site could have viability in the future an"
as an office and limited retail use.
Jack Tarr again addressed the Commission stating that some office users, suca
as insurance and retail offices, have expressed interest in this location. -le
agreed with Mr. Wheeler in that there is more than enough administrative
professional office space to support Rancho Cucamonga. He advised that more
of a convenience commercial cluster is envisioned for this property rather
than a neighborhood commercial use 'which the General Plan defines as a center
which contains a major super market. He further stated that his use was
proposed to be somewhere between the definition of neighborhood commercial and
convenience commercial in that the property contains more than 3 acres, does
not have a major super market, and will have less than 100,000 square feet of
building.
There were no further comments, therefore the public hearing was closed.
Commissioner Rempel stated that this intersection is not convenient for a
residential use, and agreed that the demand for office professional is almost
nil due to sites being developed and then remaining vacant and that the best
use for this site is commercial. He advised that when the Commission
established the policy regarding shopping centers, it was to prevent all four
corners of an intersection being developed with a major supermarket on each
• corner.
Commissioner McNiel stated that he agreed that this request is a good request
and didn't see any problems with the proposal.
Commissioner Juarez stated that if this request is approved, it sets a
precedent for other intersections of the City and felt it should be denied.
Jack lam, Community Development Director, advised that if the Commission is
inclined to approve this request, it should be aware that there would have to
be a policy change made to the General Plan in order to make it consistent.
Chairman Stout disagreed with Commissioner Rempel's statement regarding the
viability of this site being residential. He stated that this intersection is
saturated with commercial already. Further, that this request would violate
the General Plan and approval would necessitate modification of the General
Plan, which would open up every intersection in the City. He recalled
discussion at the General Plan hearings regarding this site and stated that AP
was a compromise because a decision couldn't be made between residential or
commercial, Further, he would prefer no change in designation; however, if it
was necessary to change it, he would prefer residential.
Mr. Tarr asked for clarification of the policy change from the City Attorney.
Planning Commission Minutes -16- September 28, 1983
-- Mr. Hopson replied that it would be difficult to take a five plus acre parcel
and call it convenience commercial with the definition wording in the General
Plan. He advised that a language change would have to be made in the General
Plan.
Chairman Stout stated that if an exception was made in the text to tni;
particular parcel, it would be unfair to every prooerty owner who has
approached the City with a similar request but their request was denied.
Mr. Hopson stated that language could be added which could state that no more
than two centers containing major super markets shall be located at any one
intersection.
Commissioner Rempel made a motion to change the definition in the General Plan
as suggested that no more than two shopping centers containing major super
markets could be located at one intersection but allowing other types of
commercial uses with a CUP. This motion was seconded by McNeil, however
failed 2 -3.
Mr. lam advised that wording would have to be added which further defined a
major supermarket, such is size.
Commissioner Rempel replied that 50,000 to 100,000 square feet of leasable
area should be used.
. Chairman Stout stated that he felt it should be changed to residential if a
change was at all necessary, considered the request a violation of the General
Plan, and he doesn't want to change the policy in the General Plan.
11
Commissioner Barker stated that while AP may not he the best use for this
site, he was not comfortable in making a change to neighborhood commercial
without knowing the ramifications.
Mr. Gomez suggested that the item be continued to the October 26 meeting to
allow staff to work up language for the Commission's consideration.
Chairman Stout made a motion to deny the request. This motion died for lack
of second.
Motion: Moved by Rempel, seconded by McNiel, carried, to continue Genera
Plan Amendment 83 -04 B and Zone Change 83 -04 8 to the Planning Commission
meeting of October 26, 1983, Staff was directed to draft alternatives which
would allow small shops without major supermarkets to be located at an
intersection.
AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER
NOES: COMMISSIONERS: OAURE7, STOUT
ABSENT: COMMISSIONERS: NONE
Planning Commission Minutes -17- September 28„ 1983
Commissioner Juarez and Chairman Stout voted no for previously stated reasons
Motion: Moved by McNiel, seconded by Barker, unanimously carried, to tontinje
past 11 p.m, adjournment time for consideration of next item.
J. GENERAL PIAN AMENOMENT 83 -04 C - ACACIA - A request to amend the General
an Land Use an from Office to Medium-High Residential (14.24 du /ac) on
3.58 acres of land located on the west side of Archibald, north of Base
Line - APN 202- 151 -83.
Rick Gomez, City Planner, reviewed the staff report.
Chairman Stout opened the public hearing.
Alan Wierick, applicant, addressed the Commission stating that in light of the
previous item, he wondered if it might be possible to continue his request, as
he faces the same problem with this site in that it might be suitable for so-ie
other commercial use.
Mr. Gomez advised that this would be an entirely different request which wouli
necessitate readvertisement.
. Mr. Wieric'x withdrew his request to continue. He advised that this site is in
competition with nine office use designations located along Base Line, which
is a more desirable location for office users, Of those nine designations, he
stated that half are undeveloped, and the half which have been developed are
approximately 32 percent vacant. He stated that this request is to allow the
proposal of medium high residential affordable housing which is more in denand
and compatible with adjacent uses now being developed, such as the Calmar,
project. He pointed out that the staff report stated this request would not
cause adverse impacts and urged approval.
Rick Snyder, representing Acacia, concurred that the best use of the site is
medium high residential. Mr. Snyder presented and artist's rendering to tae
Commission which depicted what was envisioned for this site and stated that
construction would begin in approximately six months.
There were no further comments, therefore the public hearing was closed.
Commissioner Barker stated that this request would go against what was
envisioned for the Senior Housing Overlay District by surrounding it with
residential uses.
Chairman Stout stated that when the City made the decision to allow Calmar;, to
locate at their site, the City counted on the surrounding area to provide
office and commercial services which would meet the overlay district
requirements. He advised that there is litigation problems with protecting
Planning Commission Minutes -18- September 28, 1983
Excerpt from Planning Commission Minutes - October 26, 1983
G.
1NYtSTMENls - A request to amend the General Plan Land use Plan trom
ffice to Neighborhood Commercial on 5.44 acres of land located at the
northeast corner of Archibald and Base Line - APN 202 - 181 -27. (Continued
from September 28, 1983 meeting.)
H. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -04 B - SYCAMORE INVESTMENTS
A change of zone from A -P (Administrative Professional) to C -1
(Neighborhood Commercial) on 5.44 acres of land located at the northeast
corner of Archibald and Base Line - APN 202- 181 -27. (Continued from
September 28, 1983 meeting.)
Rick Gomez, City Planner, reviewed the staff report.
Chairman Stout opened the public hearing.
Jack Tarr, Sycamore Investments, addressed the Commission advising that he did
not feel staff had complied with the Commission's request at the September
meeting which was to develop language for consideration that might be used to
allow small shops in a center without a major supermarket. He addressed the
staff report which stated that one of the reasons behind the two center policy
• was to assure the vitality of commercial uses within any two centers and
disagreed by stating than this would mean a regional center would only have
one dress or shoe store. He pointed out that competitors draw more people for
comparison shopping. Mr. Tarr referred to the definition Neighborhood
Coianerciil and the subheading of neighborhood shopping center and pointed out
that the two center policy was clearly in the definition; however, in the
subheading of convenience commercial there was no mention of this policy.
Further, that according to the General Plan text, convenience commercial areas
are not indicated on the land use plan because of their small size and because
their location is subject to City planning and Planning Commission review and
felt this is what the Commission could interpret. Mr. Tarr distributed
material to the Commission which suggested various land use designation
alternatives. One suggestion was a new land use designation which would allow
three neighborhood centers already in existence at a designated
intersection. He stated that the General Plan is a tool in planning which is
subject to change to adopt certain land characteristics surrounding a
particular piece of property.
There were no fur' -her comments, therefore the public hearing was closed.
Commissioner Rempel stated that problems exist in putting anything other than
commercial at that intersection. Further, that high density as well as office
uses would congest the intersection much more at certain times of the day. He
stated that most people are going out of the area to purchase personal items
such as shoes and clothing and would like to see these types of stores
suggested for this area.
Commissioner Juarez stated her concern that approval of this amendment would
set a precedent in other areas of the City.
Commissioner Rempel addressed this concern by stating that this cannot happen
in any other area of the City that is not already built up. Further, that
offices are no longer practical, because they are overbuilt in the City and
denying this request is asKing for someone to forget about this piece of
property for another fifteen to twenty years.
Commissioner Barker stated that his concern at the September 28 meeting was
whether an additional land use designation was needed or if the General Plan
met the needs not only of this piece of property, but generally for the entire
community. In trying to determine the differnce between OR and any other type
Of commercial designation, he thought that maybe a soft goods retail not
included in the OP designation might be considered as an allowed use. 4`s
vote would be to deny this request; however was not comfortable with placing
all of these permitted uses in a revised OR because there is no basic
difference between that designation and any other commercial designation.
Commissioner McNiel stated that this is a major intersection of the City which
is going to be a high traffic, high density situation no matter what is placed
there. He referred to the list of uses proposed by Mr. Tarr as permitted uses
in a new designation and only opposed to a convenience food store.
• Chairman Stout stated that he did not see a reason the change the Office
Professional use and that adding more uses would not change it. With respect
to this parcel, he stated that the request should be denied because there were
not adequate reasons for changing.
Motion: Moved by Juarez, seconded by Barker, carried, to deny General Plan
Amendment 83 -048.
CJ
COMMISSIONERS:
AYES:
JUAREZ,
BARKER, MCNIEL, STOUT
COMMISSIONERS:
NOES:
REMPEL
COMMISSIONERS:
ABSENT:
NONE
- carried
Commissioner Rempel
voted no because of
previously
stated reasons.
Motion: Moved by
Barker, moved by
Juarez,
carried, to deny Zone Change
83 -04B.
COMMISSIONERS:
AYES
BARKER,
JUAREZ, MCNIEL, REMPEL, STOUT
COMMISSIONERS:
NOES:
NONE
COMMISSIONERS:
ABSENT:
NONE
- carried
�l�
•
Commissioner Rempel stated that he had no choice other thar, denying the zone
change because there is no General Plan amendment. Further, if the amendment
had been approved his vote would have been the other way.
Rick Gomez, City Planner, advised the applicant that this action is final
unless appealed by the applicant to the City Council.