Loading...
HomeMy WebLinkAbout1984/12/19 - Agenda PacketZ 7 I o - o F � Z U > 1977 QTY OF RANCHO CUCAM0 rA C�/I rYl�COUNCIL AGE S�7EA Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California December 19. 1984 - 7:30 0 All items submitted for the City Council Agenda most be in mriting. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such items. • 1. CALL TO ORDER A. Pledge of Allegiance to Flag. B. Roll Call: Wright Buquet Mikels Dahl _, and Ring _. C. Approval of Minutes: November 21, 1984 2. AKRODRCZWR2E /PRREERTATTORE A. Thursday, December 20, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. • City Council Agenda -2- December 19, 1984 3. C011SM GLRKM The following Consent. Calendar items are expected to be routine and non- controwersial. They will be acted upon by the Council at one time without discussion. A. Approval of Warrants, Register No's. 84 -12 -19 and I Payroll ending 12/9/84 for the total amount of $892,734.30. B. Alcoholic Beverage Application No. AB 84 -25 for On -Sale 6 Beer 6 Wine Eating Place License, Glen G. gall and Linda L. Hanson, 8411 Foothill Boulevard. C. Forward Claim (CL 84 -35) against the City by Eileen 8 Henderson, auto accident on November 24, 1984, on Archibald Avenue. D. Forward Claim (CL 84 -36) against the City by Lakhbir S. 9 Wane, Sheriff harassment, May through August, 1984. E. Approval of Parcel Map 8477, Bonds and Agreement, 10 located on the north side of Lomita Court, between • Hellman and Amethyst Avenues, submitted by David Stepenson. RESOLUTION NO. 84 -304 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8477, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY F. Approval of Parcel Map 8785, located on the south side 19 of Highland Avenue, between Carnelian and Jasper Avenues, submitted by Highland Community Church. RESOLUTION NO. 84 -305 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8785 G. Approval of Parcel Map 8800, Bonds and Agreement, 22 located at the northwest corner of 6th Street and Center Avenue, submitted by Barmakisu Company. 42 City Council Agenda -3- December 19, 1984 • RESOLUTION N0. 84-306 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8800, - IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY H. Approval of acceptance of an Agreement for the 31 preparation of CC6Rs with the Anden Group as a prerequisite for further approvals of Tract Noe. 10046 and 10047, located at the Alta Loma Channel and Hillside and Wilson Avenues. RESOLUTION NO. 84 -307 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE ANDEN GROUP FOR POSTPONEMENT OF PREPARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NOS. 10046 AND 10047 I. Approval of acceptance of an Agreement for the 37 preparation of C.C.6R.9 with TAG Development • Corporation as a prerequisite for further approvals of Tract No. 12362, located at the southwest corner of Hellman Avenue and Base Line Road. RESOLUTION NO. 84 -308 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT WITH TAG DEVELOPMENT CORPORATION FOR POSTPONEMENT OF PREPARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 12362 J. Approval of acceptance of an Improvement Extension 42 Agreement for Tract Noe. 12337, 12337 -1, and 12337 -2, located on the east aide of Hermosa Avenue at the north city limits, submitted by Dick Scott, Inc. RESOLUTION NO, 84 -309 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NOS. 12337, 12337 -1 AND 12337 -2 Is 9 City Council Agenda -4- December 19, 1984 • R. Approval of a Subordination Agreement from Kanto 48 Machine Company, Inc. in connection with DR 81 -33. RESOLUTION No. 84 -310 52 A RESOLUTION OF THE CITY COUNCIL OF TOE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM KENCO MACHINE COMPANY, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SANE L. Approval of acceptance of Agreement and Security for DR 53 83 -19, located at the northwest corner of Rancberia Street and Tapia Via, submitted by Richard Villa. RESOLUTION NO. 84 -311 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 83 -19 M. Release of Bonds: 62 • TRACT 11696 - Located west of Sapphire at Garden Court; owner, Vanguard Company. Accept: Maintenance Guarantee Bond $1,100.00 Release: Faithful Performance Bond $22,000.00 RESOLUTION NO. 84 -312 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11696 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK TRACT 9637 - Located at Archibald 6 Highland Avenues; owner, Crismar Development Corporation. Release: Maintenance Guarantee Bond $10,000.00 9 City Council Agenda -5- December 19, 1984 • DR 82-0 - Located at the southwest corner of Arrow Route and Archibald Avenue; owner, A. H. Reiter Development. Release: Faithful Performance Bond $19,000.00 RESOLUTION NO. 84-313 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 82 -05 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK IMPROVEMENT OF SIXTH STREET - Located east of Haven Avenue; contractor, Fontana Paving. Release: Faithful Performance Bond $10,000.00 DR 81 -31 - Located at the southwest corner of Archibald Avenue and Arrow Route; owner, A. H. Reiter Development. Release: Faithful Performance Bond $4,500.00 RESOLUTION N0. 84 -314 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 81 -31 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK N. Approval of authorization to Inv:.te Bide for Traffic 70 Signals d Safety Lighting on Archibald Avenue at Sixth Street, approve funding source and approve the design, plane and specifications. 0. Approval of recommendation that the award of the 71 contract to DEWCO, General Contractors and Developers for the electrical undergrounding of service connections in Underground Utility District No. 2 be denied and grant the City Engineer authorization to readvertise for said project. P. Approval of Contract Agreement with ITT Corporation for 73 the lease of telephone equipment. 19 City Council Agenda -6- December 19, 1984 1 ' L , Q. Approval of authorization for Management Employees to 76 attend League of California Cities Labor Relations Institute, January 22 -24, 1985. R. Approval of Resolution establishing interest rate on 77 loans to the Rancho Cucamonga Redevelopment Agency. RESOLUTION NO. 84 -315 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING INTEREST RATE(S) ON LOANS TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY S. Approval of support for the retention of Prado Tiro, 79 the former Olympic Shooting Site. RESOLUTION NO. 84 -316 81 A` RESOLUTION OF ITHE CITY COUNCIL OF TN CITY UPPO T OF,RANCHO CUCAMONGA, CALIFORNIA, SING SAN, BERNARDINO OUNTY REGIONAL P S DEPARTMENT'S APPL CATION POR RECIO COMPE ITIVE STATE G FUNDS FOR PRADO TIR • THE RADO REGIONAL \PARR INTERNATIONAL SHOOTING FACILITY , T. Approval of a Resolution strongly endorsing the 82 establishment of a Foreign Trade Zone site in Ontario. RESOLUTION NO. 84 -317 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDORSING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE SITE IN THE CITY OF ONTARIO U. Approval of a Resolution assigning the City of Rancho 84 Cucamonga's 1984 private activity bond allocation to the Redevelopment Agency of the City of West Covina. RESOLUTION NO. 84 -318 87B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TRANSFERRING 1984 PRIVATE ACTIVITY BOND LIMIT TO THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA s, ,• City Council Agenda -7- December 19, 1984 V. Approval of Destruction of obsolete records in the 88 Administration Department. RESOLUTION NO. 84 -319 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 W. Approval of revised Fiscal Year 1984 -85 Housing 93 Assistance Plan, required by the U.S. Department of Housing and Urban Development for all recipients of Community Development Block Grants. E. Approval of Categorical Exemption for Lions Community 95 Center addition project. Y. Approval of acceptance of the Rancho Cucamonga 99 Neighborhood Center expansion project, direct the Community Services Director to file a Notice of Completion, approve a Final Change Order, release • Performance Surety and Retention, and accept a 10% Maintenance Bond for the required one -year maintenance period. RESOLUTION NO. 84 -320 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER EXPANSION PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION Z. Set public hearing for January 16, 1985, for intent to 102 annex Tract No. 12523, Tract No. 11577, Tract No. 12365 and Parcel Map 7827 to Street Lighting Maintenance District Noe. 1 and 2 as Annexe tion No. 7 and No. 5 respectively. RESOLUTION NO. 84-321 107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO, 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 1 Ll City Council Agenda -8- December 19, 1984 RESOLUTION No. 84 -322 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA; CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 84 -323 119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF THE CITY ENGINEER'S REPORT FOR ANNEXATION NO. 5 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 84 -324 125 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 5 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO AA. Set public hearing for January 16, 1985, for intent to 130 annex Tract No. 12523, Tract No. 11572 and Parcel Map 7827 to Landscape Maintenance District No. 1 as Annexation No. 20. RESOLUTION NO, 84 -325 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 20 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 19 • City Council Agenda -9- December 19, 1984 RESOLUTION NO. 84 -326 138 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. 20 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 BB. Set public hearing for January 16, 1985, for Environmental Assessment and Development District Amendment 84 -05, Caryn Planned Community. CC. Set public hearing for January 16, 1985, for Environmental Assessment and Tentative Tract 12642, Caryn Planned Community. DD. Set public hearing for February 6, 1985, for Environmental Assessment and Industrial Specific Plan • Amendment 84 -02, Haven Avenue Overlay District. EE. Set public hearing for February 6, 1985, for Environmental Assessment and General Plan Amendment 84 -04 -A, Haven Avenue Overlay District. FF. Set public hearing for February 6, 1985, for Environmental Assessment and Development District Amendment 84-04, Haven Avenue Overlay District. GG. Set public hearing for February 6, 1985, for Environmental Assessment and Industrial Specific Plan Amendment 84 -01, Haven Avenue Overlay District. 4. AD RMSED PUBLIC HHAH ws A. REPROGRAMMING OF UNEXPENDED FISCAL YEAR 1982 -83 AND 143 1983-84, COMMUNITY DEVELOPMENT BLOCK GRAND FUNDS - A request to approve the reprogramming of unexpended Community Development Block Grant funds from Fiscal Years 1982 -83 and 1983 -84 for use by the Neighborhood Center Expansion Project. 0 ri L_J City Council Agenda -30- December 19, 1984 RESOLUTION NO. 84 -327 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPROGRAMMING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1982 -83 AND 1983 -84 B. ADOPTION AND CERTIFICATION OF THE ENVIRONMENTAL IMPACT 149 REPORT FOR THE ALTA LOMA DRAINAGE SYSTEM - An Environmental Impact Report for the Alta Loma Drainage System has been prepared in accordance with the California Environmental Quality Act completing the public review period on November 19, 1984 and is now submitted to the City Council for adoption and certification. RESOLUTION NO. 84-328 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED ALTA LOMA DRAINAGE SYSTEM AND • DIRECTING THE STAFF TO PROCEED 5. 11011- ADVRRTISRD HRMaNGR A. CONSIDERATION OF MOBILE HOME PARK ACCORD AGREEMENT - 153 The City Council will consider an agreement between the City of Rancho Cucamonga and Owners of the Mobile Home Parks within Rancho Cucamonga providing for an annual maximum rent adjustment. B. CONSIDERATION OF MOBILE HOME PARR MATTERS - The City Council will consider a proposed Ordinance pertaining to rent adjustments within mobile home parks. Item continued from November 21, 1984 meeting. ORDINANCE NO. 245 (second reading) 165 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT C. CONSIDERATION OF SPENDING LIMITATION FOR FISCAL YEAR 174 1984 -85 - Resolution to set current fiscal spending tq limitation a• required by State Constitution. • City Council Agenda -11- December 19, 1984 RESOLUTION NO. 84 -329 176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE RIIIB OF THE CALIFORNIA STATE CONSTITUTION 6. CITY NARAGKR'S STAFF RMEORTS A. ANNEXATION AGREEMENT AND RESOLUTION OF INTENT TO ANNEX 177 THE CARYN COMPANY PROPERTY - Annexation agreement pertaining to approximately 240 acres of land generally defined by the Foothill Freevay to the south, the extension of Milliken to the vest, the extension of Rochester to the east, and the extension of Banyan to the north. RESOLUTION NO. 84 -330 182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION (ANNEXATION) OF PROPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND THE PROPOSED FOOTHILL FREEWAY ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE ON THE EAST AND WEST RESOLUTION NO. 84 -331 190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CARYN DEVELOPMENT COMPANY, KAUFMAN AND BROAD LAND COMPANY, AND MARLBOROUGH DEVELOPMENT CORPORATION, IN RELATION TO THE PROPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND THE PROPOSED FOOTHILL FREEWAY ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE ON THE BAST AND WEST B. FIRE DISTRICT ISSUE - Request of Foothill Fire District 196 Board of Directors to curtail development in the City due to a lack of firefighting capabilities, unless an Is acceptable alternative can be proposed. City Council Agenda -12- December 19, 1984 • C. CONSIDERATION OF AGREEMENT WITH LEWIS HOMES - Item 197 continued from December 5, 1984 meeting. D. DEER CANYON SCHOOL ACCESS - STATUS REPORT - Review 209 issues and options related to access questions raised concerning Deer Canyon School. NO ITEMS SUBMITTED • 7. COUNCIL N09IMS8 8. ADJ0USIRNF 9 -84 LIST OF WARRANTS • RANCHO CUCAMONGA PAD .f PAYEE --------------------------------------------------------------------------------- ITEM DESCR WARRM --------- WARR.AMT. - --- -. 765 - 768 3 A -1 LINEN NEIGHBORHOOD CENTER C OTHER ITEMS 00769 187.50 834 A -1 SHELL AUTOCARE SHERIFFS VEHICLE MAIN C OTHER ITEMS 00770 314.70 -- 13 ACTION BUSINESS MACHINES REPAIR DICTATION EQUIP 00771 30.00 690 ALLARD, SHELTON C O'CONNOR LEGAL SERVICES OOT72 7,039.67 379 AMBROSE, WENDY SUPPLIES 00773 44.47 409 AMERICAN EMPRESS TRAVEL C MEETINGS 00774 74.36 676 AMERICAN PLANNING APA DUES -OTTO KROUTIL 00775 45.00 681 AMERICAN PLANNING ASSOCIATION DUES RICK GOMEZ 00716 144.00 717 AMERICAN PUBLIC WORKS ASSOC. MEMBERSHIP FEE LLOYD HUBBS 00777 50.00 706 B C A CONST. REFUND OF PERMIT 1663 00776 - 250.00 675 B C A CONSTRUCTION REFUND CF DEPOSIT PERMIT 1696 00779 500.00 819 8 C C GROWERS MAINT SUPPLIES C OTHER ITEMS 00780 1,041.45 29 8 C K ELECTRIC OFFICE SUPPLIES 00781 265.85 33 BASELINE HARDWARE MAINT SUPPLIES C OTHER ITEMS 00782 173.33 _ 186 BEDROSIAN, NOTCH CONTRACT SERVICES 00763 3,650.00 694 BENZ ENGINEERING, INC. VEHICLE MAINT SUPPLIES 00784 91.03 55 BETTER BUSINESS CORP PLUMBING REPAIRS 00765 246.25 41 BISHOP COMPANY MAINT SUPPLIES 00786 1,379.69 64 BOARDROOM REPORTS, INC PUBLICATIONS 00787 44.00 671 LAWRENCE 8 BONAS CO. BUSINESS LICENSE REFUND 00788 14.20 684 THE BUSINESS BOOK COMPANY COMPUTER VAC. 00789 62.73 818 CALIF CONCRETE PRODUCTS, INC MAINT SUPPLIES C OTHER ITEMS 00790 13.37 713 CALIF SUPPRESSION SYSTEMS INC. OVERPAYMENT ON BUSINESS LICENSEE CCT91 63.00 _ 693 CALIF, ARIZONA, NEV. INFO. GROUP WORKSHOP -MICRO COMPUTERS 00792 170.00 - 62 CALIFORNIA JOURNAL SUBSCRIPTION WM. HOLLEY 00793 24.95 696 CAMERON REPORTING SERVICE CLAIMANT ROY C DANNIE RATLIFF C0794 63.50 _ 70 _T CHAMBER OF COMMERCE DECEMBER PAYMENT 00795 1,000.00 ^CITRUS MOTORS VEHICLE MAINT 00796 400.38 ,� 1 'CLAREMONT BLUEPRINT COMPANY OFFICE SUPPLIES C OTHER ITEMS 00797 53.10 "imMARK BOAROMAN CO, LTD. PUBLICATIONS C0796 59.62 387 CBCA -COLA BOTTLING COMPANY OF LA COKE 00799 164.66 704 CAN COLEMAN MILEAGE 00800 81.00 116 COMMUNITY ENG SERV, INC CONTRACT SERVICES COBOL 3,522.00 ►UTER SERVICE CO CONTRACT SERVICES C OTHER ITEMS 00802 364.94 °•�______ 991 706 1101PY LINE CORP CRAIN BOOKS COPIER RENTAL PUBLICA719NS OO603 OO804 355.05 27.45 86 CUCAMONGA CD WATER DIST N 4TH W OF WASH-LNDSC C OTHER ITEMS 00805 6,841.60 87 CUCAMONGA PRINTING OFFICE SUPPLIES 00806 53.00 92 DAILY REPORT ADVERTISEMENTS C OTHER ITEMS 00807 1,353.64 107 alley NAMEPLATES C OTHER ITEMS 00808 36.04 I [ _ '1 - Mi r_ 12 -19 -64 LIST OF WARRANTS PAYEE 523 EASTMAN, INC 683 EDUCATION AND INFORMATION SERV 204 EISENHART, LAWRENCE S 117 EMPEY, HARRY 121 F C E CHECK PROTECTOR 687 FESTIVAL OF ARTS OF LAGUNA BEACH 187 FOOTHILL LAWNMOWER SERVICE 709 FOOTHILL OFFICE SYSTEMS 131 GARY HAYES WELDING 137 GENERAL TELEPHONE CO. 691 GERBER CHILDRENS CENTER 142 GOMEZ, RICK 143 GRANT, JERRY R- 157 HOLLEY, WILLIAM L. 158 HOLLIDAY ROCK CO., INC. 161 S.M. HOYT LUMBER CO 163 IBM 660 ICMA 165 INGRAM PAPER 828 INTERNATIONAL CITY MGMT ASSN 612 C R JAESCHKE, INC 175 JOBS AVAILABLE 375 KAMAN BEARING C SUPPLY COPP 193 LAIRD CONSTRUCTION CO 339 LAN 11 JACK 705 LAWION PRINTING, INC. 716 LOCAL AGENCY FORMATION COMM. 206 LOS ANGELES TIMES 6#W--WA7OR LOCK SUPPLY, INC. 4W %*RTIN C CHAPMAN CO ,"W-IVARTIN BUSINESS MACHINES 250 MARTINEZ UNION SERVICE 250 MARTINEZ UNION SERVICE 715 ANDREILA MATTSON M-'Vg KAUSHAN, ROBERT , P.E. I" -*0NAHAN DESK OF ONTARIO, INC 668 SOT. VIRGIL MERRETT 710 METROPOLITAN WATER DISTRICT 711 MIOOLESEX OFFICE SUPPLY, INC. 701 MIJAC ENTERPRISES, INC. 689 MONTCLAIR AUTO BODY • RANCHO CUCAMONGA PAGE 2 ITEM OESCR OFFICE EQUIP. C OTHER ITEMS REGISTRATION -JACK LAM ARCHIBALD AVE. AND SIXTH MILEAGE ALLOWANCE OFFICE EQUIP FESTIVAL OF ARTS VEHICLE MAINT SUPPLIES OFFICE SUPPLIES C OTHER ITEMS VEHICLE MAINT 969 -1651 C OTHER ITEMS 50R REFUND OF FINING FEES CUP 64 -19 MILEAGE ALLOWANCE MILEAGE ALLOWANCE PETTY CASH C OTHER ITEMS ASPHALT C OTHER ITEMS MAINT SUPPLIES CONTRACT SERVICE ELECTED OFFICIALS HANDBOOKS OFFICE SUPPLIES DUES VEHICLE MAINT SUPPLIES ADVERTISEMENT VEHICLE MAINT SUPPLIES CONTRACT SERVICES C OTHER ITEMS MILEAGE ALLOWANCE OFFICE SUPPLIES APPL. FOR CHANGE OF ORGANIZATION SUBSCRIPTION MAINT SUPPLIES OFFICE SUPPLIES DATA PRINTER W /GABLE SHERIFFS VEHICLE MAIN C OTHER ITEMS SHERIFFS VEHICLE MAINT REFUND FOR RCNC ROOM RENTAL CONTRACT PLAN CHECK C OTHER11TEMS OFFICE EQUIP PHOTO SUPPLIES PROPERTY RENTAL -BERYL PARK OFFICE SUPPLIES ALARM SYSTEM- NEIGNBOR C OTHER ITEMS SHERIFFS VEHICLE REPAIR F_ 1 WAR" 00809 00810 00611 00812 00813 00814 00815 00816 OOW 00818 00619 00820 00821 00822 00823 00624 00825 00826 00827 00828 OO629 60830 00891 00832 00633 00834 OO635 00836 00837 00838 00839 00840 00841 00842 00843 00844 00846 00846 00847 00848 00849 WARR.AMT. 3,550.29 65.00 500.00 200.00 1,208.43 705.00 24.22 37.10 175.00 6,300.89 242.50 200.00 175.00 320.01 455.28 6.74 1,500.21 45.00 985.80 90.00 226.98 54.40 379.99 5,105.65 250.00 46.50 500.00 16.00 109.56 337.30 106.00 1,240.93 76.59 18.75 900.00 794.64 43.14 100.00 90.58 1,606.00 436.35 u G> r- 19 -84 LIST OF W, ..!ANTS RANCHO CUCAMONGA ►to 3 AYEE ITEM DESCR WA RRN WARR.AMT. 230 MAL INC 673 SNIP NELSON 231 NEMAX INC. 567 NETWORK COMMUNICATIONS 714 NIXON -EGLI EQUIP. CO. 669 ONLINE DATA ACCESS 584 PACIFIC COMMERCIAL BROKERAGE 207 PACIFIC COMPUTER SUPPLY 229 PACIFIC PRODUCTS, INC 716 PACIFIC SCENE, INC. 407 PATTON•S SALES CORP 248 PEA POO 702 KATHY PINE 255 POMA DISTRIBUTING CO 405 PRECISION HYDRAULIC SYSTEMS 257 PRESS -TIGE INST PRINTING 262 PROGRESS BULLETIN 670 PAUL C CUIN7ANA 302 R C R GENERAL CONTRACTORS 228 RANCHO CUCA REDEVELOPMENT AGENCY 285 RANCHO DISPOSAL 233 RAPID DATA, INC 274 JANICE REYNOLDS 698 RICHW060 DEVELOPMENT 112 RITZ CAMERA CENTERS 278 ROBERT RIZZO 672 SAN BERNARDINO CO. 361 SRN BERNARDINO CO. SHERIFFS JW'3R11 BERNARDINO CO. SURVEYOR 214 -"N BERNARDINO COUNTY "_'ifARS, ROEBUCK AND CO. 126 SEVEN DAY AUTO PARTS 616 SHIPLEY PHOTOGRAPHERS 36 611A SMIOERLE JFO�WUTHERN CALIF. LANDSCAPE "GMT. !I1 "MUTHERN CALIFORNIA EDISON CO. 117 IMTHERN CALIFORNIA EDISON CO. 317 SOUTHERN CALIFORNIA EDISON CO. 317 SOUTHERN CALIFORNIA EDISON CO. 319 SOUTHERN CALIFORNIA GAS COMPANY 323 STANDARD BRANDS PAINT NOVEMBER RENTAL C OTHER ITEMS REFUND OF DEPOSIT PERMIT 1596 DEC. 1ST RENTAL BEEPER RENTAL MOBIL SWEEPER SUBSCRIPTION JANUARY RENTAL OF UNIT A -62 OFFICE SUPPLIES E OTHER ITEMS MAINT SUPPLIES 509 REFUND FILING FEES OR64 -25 SUPPLIES OFFICE SUPPLIES REFUND FOR SDLVANG TRIP FUEL VEHICLE MAINT SUPPLIES OFFICE SUPPLIES C OTHER ITEMS ADVERTISEMENT TRAVEL C MEETINGS C OTHER ITEMS CONSTRUCTION NEIGHBORHOOD CENTER ARCHITECTURAL SERVICES LIBRARY TRASH DISPOSA C OTHER ITEMS BUSINESS LICENSE UPDATES P.C. MEETING 31/26/94 C OTHER ITEMS OVERPAYMENT BF PLAN C C 07HER ITEMS PHOTO SUPPLIES C OTHER ITEMS MILEAGE ALLOWANCE SERVICES DECEMBER PAYMENT ASSESSOR UPDATES CONTRACT SERVICES MAINT SUP ►LIES VEHICLE MAINT SUP ►LIE C OTHER ITEMS NEGATIVES C OTHER ITEMS MINUTES FOR HPC MEETING 12/6 CONTRACT SERVICES 6925 ETIWANDA AV C OTHER ITEMS 6920 VALINDA SPR C OTHER ITEMS 5237 ARCHIBALD AV SPA C OTHER ITEMS 34 TURNER -26TH C OTHER ITEMS 9161 BASELINE C OTHER ITEMS MAINT SUPPLIES 00850 00851 00852 00653 00654 00655 00856 00857 00858 00659 00840 00861 00862 00863 00664 00665 00666 00667 00666 00869 00870 00671 00872 00573 00674 00875 00676 00677 00676 00679 00660 00061 00962 00863 0060 4 00685 00686 00667 00886 00889 00610 62.00 500.00 3,664.43 20.00 00,305.60 24.06 60.00 16.13 44.22 169.00 20.77 55.93 25.90 6,530.56 122.27 453.63 60.90 127.30 5,763.00 17,500.00 111.75 333.76 50.00 450.00 606.34 200.00 1,725.40 256,647.00 41.34 10.80 23.73 60.92 42.40 50.00 11,530.67 919.00 230.39 136,662.45 12.66 500.05 26.03 12 -19 -84 LIST OF WARRANTS _PA' I_ 330 330 48 _333 674 376 619 335 336 350 - -_ -- 692 686 662 677 676 719 694 4T8 213 218 267 703 212 365 509 371 rEE " ----------------------------- STATIONERS CORPORATION STATIONERS CORPORATION STEVE'S MOBIL STINKY INC MR. SHAWN STONE SULLIVAN, R 3UPERINTENDENT OF DOCUMENTS SUPPLIERS, THE SURVEYORS SERVICE U. S. POSTMASTER U.C. REGENTS UNITED PACIFIC CORPORATION UNIVERSITY OF CALIFORNIA, URBAN DESIGN INTERNATIONAL URBAN LAND INSTITUTE VALLEY CHEVROLET JOHN CARL WARNECKE C ASSOC. CARL WARREN C CO WAXIE, KLEEN -LINE CORP WESTERN HIGHWAY PRODUCTS, INC WESTERN ROCK CO JOHN WILEY C SONS, INC. WILLOAN ASSOCIATES O. WILLIAMS PRINTING XEROX CORPORATION ZEE MEDICAL SERVICE RANCHO CUCAMONGA PAGE 4 ITEM DESCR - CREDIT MEMO INVOICE 1 C 07HER OFFICE SUPPLIES C OTHER VEHICLE MAINT PORTABLE TOILET RENTA C OTHER REFUND OF DEPOSIT PERMIT 1415 CONTRACT SERVICES CODE Of FEDERAL REGULATIONS MAINT SUPPLIES MAINT SUPPLIES P.O. BOX RENTAL SEMINAR- PROPERTY DEVE C OTHER TREE SERVICE PROPERTY DEV. COURSE MEMBERSHIP -PICK GOMEZ PRINTED MATERIAL CHEVROLET TRUCK ARCHITECTURAL SERVICES CLAIMANT ROBIN CROSBY C OTHER MAINT SUPPLIES C OTHER MAINT SUPPLIES SAND SUPPLIES CONTRACT SERVICES OFFICE SUPPLIES C OTHER COPY MACHINE SUPPLIES VEHICLE TRUCK KITS 482 STATE WATER RESOURCES CONTROL BO VOID CHECK 0 8/14/84 'A 4' °7LC9ION TRAVEL AGENCY 1.14 'ACTION TRAVEL AGENCY Mf�ITED CENTRAL BANK TRUSTEE 700 BOA /IE 727 SAN BERNARDINO COUNTY I77_iiARBOR ADMINISTRATORS 66 'CALIF DENTAL SERVICE 050 U. S. POSTMASTER 726 PIZZA ROYAL 302 R C R GENERAL CONTRACTORS 725 SICKELS STAMPLEY C ASSOC. 1000 A M REIf ER DEVELOPMENT CO r 1 AIRLINE TICKETS FOR CAPPO ft. AIRLINE TICKETS TO SA C OTHER LIFE C L70 FOR DEC. 84 BOA /IE CONFERENCE 12/6 COMMISSION ON STATUS WOMEN MEDICAL PREMIUM FOR DEC. 1964 DECEMBER DENTAL PREMIUM U.S. POSTMASTER BUSINESS LUNCHEON CONSTRUCTION AT NEIGHBORHOOD REIMS. OF STORM DRAINAGE FEES DEC. RENT • WARM WARR.AMT. ITEMS 00891 ITEMS 00892 00893 ITEMS 00694 00095 00696 00897 00898 00899 00900 ITEMS 00901 00902 00903 00904 00905 00906 00907 ITEMS 00906 ITEMS 00909 00910 00911 00912 00923 ITEMS 00914 00915 00916 917 - 11673 11674► 11675 - 11839 11/30 11840* ITEMS 11641* 11842* 11843* 11044* 11645* 11646* 11847* 11846* CENTER 11849* 11850* 11651* 5,384.78 1,703.63 5.00 240.11 250.60 2,030.00 43.50 56.77 246.03 69.00 440.00 4,861.50 220.00 55.00 59.11 13,733.05 10,500.00 1,117.47 423.87 122.60 143.10 72.20 244.00 795.66 21.73 47.70 -30.00 240.00 0.00 2,316.52 12.00 15.00 12,360.60 3,675.79 1,500.00 65.00 40,362.30 70,956.00 9,652.46 • 12 -184 LIST OF WARRANTS PAYEE 721 COST PLUS 724 EASTMAN WEST 325 STATE CCMPENSATION INS. FUND 723 MEL MEARES -_ -- 722 BISCARDI•S ITALIAN DELI 720 HYATT REGENCY OAKLAND r` • RANCHO CUCAMONGA PAGE ITEM DESCR WARRM WARR.AMT. --------------------------------- --------------------- PICTURES FOR NEIGMBDRMOOD CENTER 11852* 185.00 STEREO UNIT FOR NEIGP,BORHOOD CENTER 11853* 212.15 WORKERS COMP INS. -NDY. 84 11854► 4.227.58 BAND FOR GRAND OPENING OF RCNC 11855♦ 75.00 FOOD FOR RCNC GRAND OPENING 11854• 271.50 HYATT REGENCY OAKLAND 118570 257.40 TOTAL CHECKS 782.204.74 • cu ANIUGATMN AON ALCONONC SdNBARR uCeFWN t. IYPCS) Of LICENSNS) "NO.I� Ix oavwla'r N AkaNN SwwOp Cwwal 1101 Rr..w.p "Cam No. . s.[r.n.M..uN. 1S111A San 3eraarifao .M -:.ale .:eer _ r7i.cs uG wrxW "^"'•'°• ""^ -'^r iuhl is :remises coos 3615 AppkW wkr Sc tau p Issa I.wp, Ixni1 L NAAN5) OF MFIKWI(S) ::'", .,len [A.ex. Dwx once Fa.mn Ow.: :i.r.]Ii• inda - 5. IYFf(51 OF MANSACYlOWS) FN IN h' -% ) 4 Nem. N W Www S. lxaROr1 N Wr:N.r- Nrrnbx and Srnw 2411 : me :ill Gry wN LV C.M C �.:'cn S _ncnq;�, i1 ^jB rorAl 1`i. 7r _ 1. An n.mro. Inude SM. fYwNli[mr 42 J^,Jtl GryL 0 C. Mwlrrq Ad Id diM•anl Iran S)— llurnba• OM ShM �1•Ni r v. Man YVU xx bwrr pm.rnad el o NW,? 10. ran Iau xx .;eNM an N M. Y pemex N Ma Alwl wnra9. Cenl•q Aer p rpYbnem 1 Ma p.pxrmerrr xnnry rO M. Anp 11 fplxn a "Y!5" ax�x p nem. v er 10 an an enxM1mxn _AKM1 .M1OII M GwmW pen N rb. epplKenen. • 12, LppA[am perm fm dw pq menapr enpNYN in en.wN II[tnxd pmnlx .Al M1m. ell Me auabe[enem If e IKen.n. Ib) IRO, M1. -,F rol ".I.N x [aux x p.rrxl. IN neleb! vnY el rM1. poaupm al the Mmlrali[ M•x.i. Canrnl An 15. STATE OF CAIIFOINIA C.., el M.��� .~i+r nrwr~w'`i.�A.� n .rr .r .rrvrw •wan.n ..r .....w._... r•.. n..•nvr .. n. ., r... _.x, n r � � Id AMICANr SIGN .FRI ._._____._._________ 9 AMLKATION BY TRANRTTIIOR IS. Sun OF CALIFORNIA C., N ---- X4A.. 9RiRCw`..: dA__ __.__....DeN ----- t;)_;p�...._.. AIN[Mdr � AxxdN NNe.. ❑ Tid-NM . ❑ /FL1 :nnY ^111 Il•r�l_ •rlun r' an Y,J aiFl t Sk Do NN W410 Mow TAI. Lily; Fm DtpNweM Um ONS ----------- . -------------------------------------- ArUIW .._._.._11- L0- &!__....-_ -_ -_ -- Q AanwNr M N.L^,liti:.wd w.:aayyyaiddyo.._.. OAIw ................ . y[NrrrM � ..I�Maa! ASge_4 &Ili :r&W VAe A" — FOp�uCL 1 r3n12G�l�l Rratr9 0-u6 cs \�b ?a a60 TIRL �P; x'11 st��••4 'i" i zr :( 75 W�Jv 7.. % �µa: iN % e J�u . . . a. 4 0 Ss "+51�.46r,5��43' .r2 ,I��J9 �• 4B o-k� 6.12 I e C is ILDc4rfD oU 2Lir Scu7{ sjae e,F toer ,LL 7310.0 S.AST WcsTnF -Ch,' 2ArL2oA0 Duck- C26Mswra Pr;uo Cei-o- OF -die /dJTe,eSEtT/DIJ of SAAJ SeIWA/101ko RJ A-Pia FOOT /,ILL 13LvD FFc2om -P/1DrA -LAe $4c& mime =&w. Lutzlelortq ZcNPIJ o IOW/YYmclfc I�iloFlk ;tE _ To-Lv e ud,: 2 moor(k -�wAwn a Cevr mellc1AC �ILoGcG'1F5 o 4,41, _rLXI I EK Z'oueo a Minuu,m oZ low Je/isiN 2GS i 21P.tJTiRL r S� .3fcr PeopefT� ADsAcnur P;zovi 41le uweD 1-ceodDl& so -tAE CCN-I;t)L 'Pt-AA). • 7 ,r- C1 CITY 0 ERANCHO CUTCAMONGA � FOR DAK&M oR IRJORT • 1 ADMi(�JI TRH flONdeath injury to a TR or , ry person, or to personal property must be filed no later 0E10a1TjtfMays after the occurrence (Gov. Code, Sec. 911.2). ?A40 mages to real property must be filed no later than 1 year the 91'. jl� Code, Sec. 911.2). T'0: C& Q RANCHO CDCYR)R0A ,,•lee„ 59119E-1-n:n„da .0 k' �' 4/Zj ,PW - /l. Name of Claimant Address Zip Phone — &= so-o' laot a.� y ri7r,» da 9r3 zs Address to which Claimant wishes otices sent. 11HEN did damage or injury occur? /lt)d a4o 1520' aRpro -. ZPT YRRRR did damage or injury occur ?__ /•r/�, •fjQ �p0 �/p . /,�, (g , RDY and under what circumstances did damage or injury occur?, IOst onp (I,pitit ,. h9ed pc 0. re vi�y h p 10 vicel Wa +lshni wntch�c-pnssibl�henJin rysyi..p—las Id @w�sev��sn s 4r,eCL i1RAT particular action by the City, r its employees, caused the alleged damage or A& injury? (Include names of employees, if known). WHAT sum do you claim? Include the estimated amount of—any pf•dddactive $oee,- 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). * Total Amount Claimed: WES and addresses of witnesses, doctors, and hospitals: $ s s S i 3 3 • J$� Dete Signature of Claimant 503(478) -RC Fora D CD W Ali be- e0'J*6C ed by Staf'e Faun 1hsorvn GG W • C0r9C&*q' ASi da.t,agq -}o my Uehi o 2 O CLAIM Iron OAMAfd on nrim 1, Claims for death, injury to person, or to personal property must be filed no later than 100 days after the occurrence (Gov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed no later than 1 year the occurrence (Gov. Code, Sec. 911.2). TO: CM OF RANCHO COCAMOWA ' Name of Claimant Address .:ip Phone Age Address to which Claimant wishes notices sent. 11HON did damage or injury occur? F''%�\ �n.` 1{ ��- C:. i:. "i Y' <',.�ta •.a l.lv.`( Y®R did damage or injury occur? E $ "I L < l �r D* lilt A (t` b0-4 r. G r7 e�< rtne sA NOW and under what circumstances did damage or injury occur?� O ,V NUT particular action by the City, or its employees, caused the alleged damage or injury? (Include names of employees, if known). • 19 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 or the amount cla -wed. (Attach estimates or bills, if possible). Total Amount Claimed: MANN and addresses of witnesses, doctors, and hospitals: E I V 9 a CITY Ao nANCS RCT QMONGA Date QC 0. Signature of Claimant 303(478) -8C Form D • • nrmv nn n � wrn rrn nrrn � a.rn�rn , STAFF REPORT'S zi r } F f: $ 12 I> 1977 DATE: December 19, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of Parcel Map 8477, Bonds and Agreements located on the north side of Lomita Court between Hellman and Amethyst Avenues submitted by David Stepheson Parcel Map 8477 was approved by the Planning Commission on June 27, 1984 for the Division of .49 acre into 2 parcels in the Low Residential District (2 -4 du /ac) located on the north side of Lomita Court between Hellman and Amethyst Avenues. Mr. Stepheson has submitted an agreement and bonds in the following amounts: Faithful Performance Bond: $4,300.00 Labor and Material Bond: $2,150.00 RECOMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of bonds and agreement and the signature of said map. Respectfully subm,Ytted, H:B jaa / Attachments: Tentative Map Agreement Bonds Resolution /O • 9 TENTATIVE PARCEL MAP N0.6477 III ry .• � I "Lld, I V:e:NRY Y✓ STMT 7PM,157CI r TRACT . n�? '�II` TRACT NO 2 ;90 �Il' NO 2190 T'I v Fi LOT 5 . _ LOT 3 r �l uwu �••••••� otrvt � 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR Parcel Map 8477 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, and David A. Stephenson hereinafter referred to as the Developer. THAT, WHEREAS, said Developer desires to develop certain real property in said City located on the northside of Lomita Court between Hellman and Amethyst; and WHEREAS, said City has established certain requirements to be met by said Developer a$ prerequisite to granting of final approval; and 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 hereof within twelve months from the date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this . agreement. This agreement shall be in default on the day follow - Ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. s 3. The Developer may request additional time in which to complcte the provisions of this agreement, in writing not less than 30 days prior to the default date, and including a statement of circumstances of necessity for additional time. In considera- tion of such request, the City reserves the right to review the provisions hereof, including ca nstruction standards, cast estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover from said Developer and /or his surety the full cost and expense Incurred in so doing, S. Construction permits shall be Obtained by the Devel- oper from the office of the City Engineer prior to start of any work within the public right -of -way, and the developer shall conduct such work In full compliance with the regulations contained therein. Non - comply once may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right -of -way Improvement work required shalt be constructed in conformance with approved Improvement plans, Standard Specifications, and Standard Drawings and any special ) D- 0 amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. Errors or ommissions discovered during construc- tion shall be corrected upon the direction of the City Engineec. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 1. Bork done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. A. The Developer shall be responsible for replacement, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shalt he responsible for removal of all loose rock and other debris from the public right -of -way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney, The prin- cipal amount of said improvement security shall not be less than the amount shown: r 1 L..J • /? 0 FAITHFUL PERFORMANCE Type: Principal Amount: $4,700.00 Name and address of surety: MATERIAL AND LABOR Type: Principal Amount: $2,150.00 Name and address of surety: CASH DEPOSIT MONUMENTATION Type: Principal Amount: n/a Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledge with all formalities required by law on th%� ates set forth opposite their signatures. Data 3L, 0. sYV by(y' Developer �ignat a • I Date by Developer ign ature • rr nce Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: icy erk Approved: v�a� t:z / Ti't'yAt torney DEVELOPER'S SIGNATURES MUST Be NOTARIZED iY 7 CITY OF RANCHO SI • ENGINEERING DIVISION SC ENCR0ICNMENT PERMIT FEE SCHEDULE For Improvement Parcel Map 8477 Date: September 2 Computed by: Lane Asson ates File Reference: N City Drawing No, NOTE: Does net include current fee far writing permit or pavement deposits QUANTITY UNIT ITEM PRICE AMOUNT L.F. P.C.C. curb - 12" G.F. 24" gutter 7.25 -BH- L.F. P.C.C. curb - 8" C.F. 18" gutter 6.00 T54TT6­___ L.F. P.C.C. curb only 5.50 L.F. A.C. berm 4.50 -85936 - fib- S.F. 4" P.L.L. sidewalk 1.75 - JIL - S.F. Drive approach 2.50 790-6 S.F. 8" P.C.C. crass gutter (Inc. curb) 3.40 L.Y. Street excavation 1.50 C.Y. Imported embankment 1.50 T63- S.F. Preparation of subgrade 0.15 75 .ed S.F. Crushed agg. base iper inch thick) 0.03 TON P.C. (over 1300 tans) 27.00 TON A.C. (900 to 1300 tons) 35.00 TON A.C. (500 to END tons) 45.00 TON A.C. (under 500 tons) 60.00 �4 S.F. A.C. (3" thick) 0.557b- S.F. Patch R.L. (trench) 1.75 S.F. 1" thick A.C. overlay 0.30 EA. Adjust sewer manhole to grade 250.00 EA. Adjust sewer clean out to grade 150100 EA. Adjust water valves to grade 75.00 EA. Street lights 1000.00 L.F. Barricades (in tersec. $500 min) 1.00 L.F. 2 x 4" redwood header 1.75 S.F. Removal of A.C. pavement 0.35 i71�d- L.F. Removal of P.C.C. curb 3.30 L.F. Removal of A.C. berm 1.00 EA. Street signs 200.00 EA. Reflectors and posts 35.00 L.F. Concrete block wall 25.00 S.F. Retaining well 20.00 TON Aggregate base 7.00 C.Y. Concrete structures 425.00 L.F. 18" RCP (2000 D) 29.00 L.F. 24" RCP (1500 0) 35.00 L.F. 36" RCP (2000 0) 49.00 L.F. 48" RCP (1200 D) 76.00 EA. Catch basin M - 4' 2000.00 EA. Catch basin w - 8' 2900.00 EA. Catch basin w - 22' 4500.00 EA. Local depression 4' 500.00 EA. Local depression 12' 1000.00 EA. Junction structure 5000.00 EA. Outlet structure, Std #506 1500.00 EA. Outlet structure, Std #507 500.00 EA. Guard posts 40.00 L.F. Guard panel (wood) 25.00 L.F. Sawcut 2.00 Z54:6b- EA. Headwall (48" wing) 4000.00 L.F. Redwood header 1.75 S.F. Landscaping 6 irrigation 2.75 L.F. Roll curb (P.C.C.) 7.50 ENGINEERING INSPECTION FEE $215.00 SUB TOTAL -RESTORATION /DELINEATION CASH 0 .00 CONTINGENCY COSTS DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100R) MONUMENTATION SURETY (CASH) N/A LABOR AND MATERIAL BOND (505) -Pursuant to City of Rancho Cucamonga Municipal Code, Title I, Chapter 1.08, adopting Saw Bernardino County Cade Titles, Chapters 1 -5, a ash restoration /delineation deposit shall be made prior to Issuance of an Engineering Construction Permit. Revised 3/84 /I • ,MWEST BOND a 105]84] -A Premium : 8100.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and David A. Stephenson (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 199 , and identified as project Parcel Map is hereby ref erre-d to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and 1NVEST�iNBUFVVCE c11ANY as surety, are held and firmly bound unto E e City no Cucamonga (hereinafter called "City'), in the penal sum of Four Thousand Three Hundred and 00 /100 Dollars (54,300.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, . and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmle,C City, its officers, agects and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there Shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligations no this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on December 1. 1984 . DAVID A. STEPHENSON ANWt15T SURETY INSURANCE COMPANY Deve aper urety (SIgnatUr7l Don uut ttorney act PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED /i .--�i XWEST BONG a 1951947-5 LABOR AND MATERIALMEN BOND is WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and David A. Stephenson (hereinafter designated as "principal ") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated IRS , and identified as project Pa r cei laap ,s hereby referree tOtO ago made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance Of the work, to file a good and sufficient payment bond el th the City of Rancho Cucamonda to secure the claims to which reference is made in Title Ii (commencing with Section 3082) of Part 4 of 0ivi s i 0 n 3 Of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Thousand One Hundred Fifty and GO /100 Dollars (52,150.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Inturance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expedses and fees, including reasonable attorney's fees, incurred by City in succe s ifully enforcing such obligation, to be awarded and fixed by the court, and t0 be taxed " costs • and to be included in the Judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit Of any and all persons, companies and corporations entitled to file Cl alms under Title 15 (commencing With Section 3082) of Part 4 of Divison 3 of the Civil Code, so as t0 give a right of action to them or their assigns in any suit brought upon this bond. Should the condition Of this bond be fully performed, then this Obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect Its obligations on this bond, and it does here- by waive notice Of any such change, extension, alteration or addition, IN WITNESS WHEREOF, this Instrument has been duly executed by the principal and surety above named, on December 1 198_. VI +'EST SURETY t CE C04PANY per urety igna to re Don Welty Attorney -, ac PLEASE ATTACH POWER Of ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED I% • RESOLUTION NO. F' -eI2 19—OW ° ' " ? G / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 8477, (TENTATIVE PARCEL MAP No. 8477), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 8477, submitted by David Stephenson, Subdivider, and consisting of 2 parcels, located on the north side of Lomita Court between Hellman and Amethyst Avenues, being a division of a portion of Lot 4, Tract No. 2190 as recorded in Book 31, Page 69 of Maps, Records of San Bernardino County was approved by the Planning Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8477 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 9 2. That said Parcel Map No. 8477 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 19th day of December, 1964. AYES; NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk jaa / 9 0 • DATE: TO: FROM: BY: SUBJECT CITY OF RANCHO CUCAMONGA Cucnato STAFF REPORT �R � r z December 19, 1984 > 1977 City Council & City Manager Lloyd B. Hubbs, City Engineer Barbara Krall, Engineer Technician Approval of Parcel Map 8785 located on the south side of Highland Avenue between Carnelian and Jasper Avenues submitted by Highland Community Church Parcel Map 8785 was approved by Planning Commission on October 24, 1984 for the division of 7.7 acres into 2 parcels in the Low (2 -4 du /ac) Residential Development District located on the south side of Highland between Carnelian Avenue and Jasper Avenue. Off -site improvements will be constructed at the time of development of the parcels. RECOMENDATION It is recommended that City Council adopt the attached resolution approving Parcel Map 8785 and authorizing the City Engineer and City Clerk to sign same and cause to record. Respectfully submitted, BK:ko Attachments /9 Al rl RW RESOLUTION NO. —EfP- @9R EY' •3''C' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8785 (TENTATIVE PARCEL MAP NO. 8785) WHEREAS, Tentative Parcel Map Number 8785, submitted by Highland Community Church and consisting of 2 parcels, located on the south side of Highland Avenue between Carnelian and Jasper Avenues, being a division of the west 609 feet of Parcel Map 6761 as recorded in Book 67, Pages 91 & 92, Records of San Bernardino County was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8785 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8785 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. is AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mike s, Mayor �l • • I DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA r�QAf% STAFF REPORT' z / Fn Z December 19, 1984 1977 City Council & City Manager Lloyd B. Hubbs, City Engineer Barbara Krall, Engineer Technician Approval of Parcel Map 8800, Bonds and Agreement located at the northwest corner of 6th Street and Center Avenue submitted by Barmakian Co. Parcel Map 8800 was approved by the Planning Commission on October 10, 1984 for the division of 7.78 acres of land into 6 parcels in the General Industrial /Rail Served Development District (Subarea 5) located at the northwest corner of Center Avenue and 6th Street. Barmakian Company has submitted an agreement and bonds to guarantee the construction of off -site improvements in the following amounts: Faithful Performance Bond $169,300.00 Labor and Material Bond $ 84,650.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of Bonds and Agreement and the signature of said map. lly submitted, LSH:BK:ko Attachments 1 1 � .Fl it pill f,14 �m >. k4 a � Ilk )k$ . � _!. E CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR sRCEL MAP 8000 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- ed to as the City, by and between said City and w c. Ke11er hereinafter referred to as the — Developer. THAT, WHEREAS, said Developer desires to develop certain real property in said City locatedat northwest corner cf Sixth St. . �.i ro�ror eve. , and _ WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval. NON, THEREFORE, it is hereby agreed by and between the City and the Developer as follows: • 1. The Developer hereby agrees to construct at developer's expense all improvements described on page A hereof within 12 months from the date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City Approving this agreement, This agreement shall he in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3, The Developer may request additional time in which to complete the provisions of this agreement, In writing not less than 70 days prior to the default date, and Including a statement of circumstances of necessity for additional time. In considera- tion of such request, the City reserves the right to review the provisions hereof, Including construction standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. ZL V S.F., D.P., Res„ P.M.,CUP a' If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense incurred in so doing, 5. Construction permits shall be obtained by the Devel- oper from the office of the City Engineer prior to start of any work within the public right -of -way, and the developer shall conduct such work in full compliance with the regulations contained therein. Non - compliance may result in stopping of the work by the City, and assessment of the penalties provided, 6. Public right -of -way improvement work required shalt be constructed in conformance with approved Improvement plans, Standard Specifications, and Standard Drawings and any special .1- ZL V S.F., D.P., Res„ P.M.,CUP 0 amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or Public safety. Errors or ommissions discovered during construc- tion shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 7. Work done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. B. The Developer shall be responsible for replacement, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right -of -way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City attorney. The prin- cipal amount of said improvement security shall not be less than the amount shown: • -2- • 1� U • B • FAITHFUL PERFORMANCE Type: Corporate Surety Band Principal Amount: $169,300.00 Name and address of Surety: Federal Insurance Company 3200 Wilshire Blvd., Los Angelee,CA 90010 MATERIAL AND LABOR Type: corporate Surety Bond Principal Amount: $84,650.00 Name and address of surety: Federal Insurance Company CA 90010 3200 Wilshire Blvd., Los Angeles, CASH DEPOSIT MONUMENTATION Type: Cashier's Check Name and address of surety: Principal Amount: $1500.00 TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledge with all formalities required by law on the dates set forth opposite their signatures. Date by x, //((, I It Developer i gnaturi'� e W.G. Keller n me CAT NO NNOC671 To I.- a�1 -am what ust, must it'JnWVall •'°�• STATE OF CALIFOFSIA 1 COUNTYOF Las Angeles J IN On Oec. 4, 1984 befote me, the undeteawd. a Notary N64 in and fee mW 5nm, personally appeared - -- . pmenally known to me w ptomd m me on the thou of utw6wory ondenw to be the pnoon—whoa, name is tubtmbM to the wnhln Innnoont and aeknowledled that. —hL eae ev¢d the ume. WITNESS my jand and offi,iJ.e. �) S. atv � ♦ aT resat (10 nea tweNxiw mnnet wen DEVELOPER'S SIGNATURES MUST BE NOTARIZED Z� _0_ QUANTITY U1.1 car wA1%,W LIXAMDnGA ITEM ENGINEERING DIVISION " ENCROACHMENT PERMIT FEE SCHEDULE for Improvement: Plrcel Map 8800 'fSi th St b Ce ter Ave.) OL late" �n�vn ber 2]__1484 Ompu to y: R. Mahar F11trRelerence; City Drawing No. P.C.C. curb - 8- C.F. 241 gutter NOTE: Does mot Include Whrent pee for s 9.403.0 writing permit or pavement deposits QUANTITY UNIT ITEM PRICE AMOUNT L.F. P.C.C. curb - 121 C.F. 241 gutter 7.25 1580 L.F. P.C.C. curb - 8- C.F. 241 gutter 6.00 s 9.403.0 Ito L.F. P.C.C. curb only 5.50 L.F. A.C. A.C. berm 4.50 6510 S.F. 41 P.C.C. sidewalk 1.75 3' S.F. Drive approach 2.50 4.262 s _ws S.F. 81 P,C.C. cross gutter (Inc. curb) 3.40 C.Y. Street excavation 1.50 300.0 1920 C.Y. Imparted embankment I.SO 2,880.0 s3200 S.F. Preparation of subgrade 0.15 7.98010 q1200 Crushed agg. base (per inch thick) 0.03 6 304.0 1310 TON A.C. (over 1300 tons) 27.00 35.613.0 TON A.C. (900 to 1300 tans) 35.00 TON A.C. (500 to 90D tons) 45,00 TON A.C. (under 500 tons) 60.00 . S.F. A.C. (31 thick) 0.55 S.F. Patch A.C. (trench) 1,75 S.F, I1 tbick.A•C. overlay 0.30 675.0 1 EA. Adjust yy±' manhole to grade 250.00 250,$ EA. Adjust sewer clean Out to grade 150.00 EA. Mjust water valves to grade 75.00 2 5. 9 EA. Street lights 1000.00 L.P. Barricades (lotersec. 8500 min) 1,00 L.F. header 2 x 41 redwood header ood 1,75 1. �,0 - S.F. Removal of A.C. pavement 0.35 11.280 . L.F. Removal of P.C.C. curb 3.30 Mo L.F. Removal of A.C. berm 1.00 l.oi0_o 2 EA. Street signs 200.00 400.0 _ j EA. Reflectors and posts 35,00 70.0 L.F. Concrete block wall 25.00 -- S.F. Retaining wall 20.00 -- TON Aggregate base 1.00 C.Y. Concrete structures 425.00 �- L.F. 181 PCP (2000 0) 29.00 t.F. 241 PCP (1500 0) 35.00 L.F. 361 RCP (2000 0) 49.00 3l1 L.F. 481 RCP (100o D) 76.00 ac,IS6.o0 EA. Catch basin N 1 41 2000.00 �- EA. Catch basin N 1 8' 2900.00 y EA. Catch basin N 135, depressiony5, 6000.00 6 000.0 J2.500.0 EA. local 2500.00 EA. Local depression 12' 1000.00 EA. Junction structure 2OW W 2.000.0 EA. Outlet structure, Std 0506 1SGO.00 EA. Outlet structure, Std 0507 500.00 EA. Guard posts 40.00 L.F. Guard panel (wood) 25.00 eo0 1 o0.0r EA. He dwall (48" wing) 4000.00 L.F. Redwood header 1,75 S.F. LandscapfA L Irrigation 2,7S ' L,F, Roll curb iP, C.C.) 7150 I L.S. Remove Exist. 48^ PCP and Headvall ENGINEERING INSPECTION FEE .L env no SUB TOTAL 1RESTORATION70ELINEATION CASH i. nno.00 CONTINGENCY COSTS 20% -in. 2171 DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (1001) I6o_am, MONUMENTATION SURETY (CASH) s 1,500.00 LABOR AND MATERIAL BOND (501) A4"s2mj �,.7 I ' T aporsuant to CI ty of Rancho Cucmaonga Mlnlelpal Cosa, Title 1, Chapter La, adopting Sam Bernardino County Code Tltlet, CnaDters I -S, a cash restoratlan7Nall mex MMiw, 0.-'. ....1 Bond No. 81002782 Premium: $1693.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga State of California, and W.G R fez r (hereinafter designated as "p nNi, ipa entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198 , and identified as project o -- et - p anon is hereby referred to and made a part hereof and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. \ As part of the obligation secured hereby and in addition to the face a amount sheibl therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's f e e s , incurred by C i t y i n s u c c e s s f u l l y e n f o r c i n g 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 es the terms of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications, IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on oecember 4 1984 W.U. R FEDERAL INSURANCE COMPANY Oeve �p /per f u rety� 1t , /11 apt By �.CUi'Cf2{IC lij� {til go- a'Cb7eT W.A. Rodeba- act .A. Rodebaugh PLEASE ATTACH POWER OF ATTORNEY TO ALL SOROS SIGNATURES MUST NE NOTARIZED as HOW, THEREFORE, we the principal and Fedecal Insuzance Company as surety, are held and firmly bound unto the tity of Rancho Cucamonga (hereinafter called "City "1, in the penal sum of One deed i t -N' a Th a d Three Hundred and no 100- - -- -001 a 55 j5�pc � �� Y money n the United Sates, or the payment la of wn— fch sum well and truly t0 he made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assign%, shall in all things stand to and abide by, and well and truly keep and perform the covenants, Conditions and • prOvisions in the said agreement and any alteration thereof made as therein provided, on his Or their part, to be kept and performed at the time and in the Tanner therein specified, and in all respects according to the �- true intent and meaning, and shall indemnify and save harmless City, its Officers, agents and employees, as therein stiDulated, then this obligation shall become nu11 and voil; otherwise, it Shall be and remain in full force and effect. \ As part of the obligation secured hereby and in addition to the face a amount sheibl therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's f e e s , incurred by C i t y i n s u c c e s s f u l l y e n f o r c i n g 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 es the terms of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications, IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on oecember 4 1984 W.U. R FEDERAL INSURANCE COMPANY Oeve �p /per f u rety� 1t , /11 apt By �.CUi'Cf2{IC lij� {til go- a'Cb7eT W.A. Rodeba- act .A. Rodebaugh PLEASE ATTACH POWER OF ATTORNEY TO ALL SOROS SIGNATURES MUST NE NOTARIZED as Dodd No. 81002782 LABOR AND MATERIALMEN BOND • WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and W.G. Keller (hereinafter designated as "pn ncipa '• have entered ,nto an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 1 98 and identified as project Parcel :map 3890 is hereby erred to and vada a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment band with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part Alf Division 3 of the Civil Code of the State of CAliform a. NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers. materi almen antl other persons employed in the performance of the aforesaid agreement and referred to In the aforesaid Cade of Civil Procedure in the sum of Eigh ty Foof Thousand Six Hundred Fifty Dol jars (f 84,650.00), for mater als furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this band will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as casts and to be • included •n the judgment there', rendered. it is hereby expressly stloulated and agreed that this band shall inure to the benefit of any and all persons, companies and corporal i ors entitled to file claims under Title 15 (commencing with Section 3082) of part a of 010son 3 of the Civil Code, s0 as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and v0id, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or add it an to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here. by waive notice of any such change, extension, alteration or add, ti on. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on December 1984 W.G. KEL-ER F DRA INS'pAN PA y ,Deveiope qq ore y � �e tiorney -,n• ac[ W.A. Rodebaugh • PLEASE ATTACH ROWER OF ATTORNEY TO ALL BONGS SIGNATURES MUST BE NOTARIZED :L9 RESOLUTION NO. Fig 19 0' Z'i --'?° • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 8800, (TENTATIVE PARCEL MAP NO. 8800), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 8800, submitted by Barmakian Company, Subdivider, and consisting of 6 parcels, located at the northwest corner of 6th Street and Center Avenue, being a division of the east 600 feet of the south 651 feet of Lot "C" North Cucamonga Townsite per Map Book 13, Page 15, records of San Bernardino County was approved by the Planning Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8800 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map, said subdivider submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 8800 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, ity C er Jaa Jon D. Mike s, Mayor 30 0 I-1 L J n lJ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1984 TO: City Council & City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer Z v. D 1977 SUBJECT: Acceptance of an Agreement for the Preparation of C.C. & R.'s with the Anden Group as a prequisite for further approvals of Tract Nos. 10046 and 10047 located at the Alta Loma Channel and Hillside and Wilson Avenues. The Final Map was approved by City Council on December 5, 1984. During preparation of Final Map Approval it was noted that the Conditions of Approval by the Planning Commission did not include C.C. & R.'s requirements for equestrian use. The Developer has conformed with a City request that C.C. & R.'s be prepared for internal use of equestrian trails as is normally done in this area. However, the documents could not be completed for Council presentation on December 5th. Therefore, an agreement to guarantee preparation has been entered into by the Developer for the City. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the agreement to guarantee preparation and recordation of the C.C. & R.'s for Tract Nos. 10046 and 10047. Respectfully Attachments 3/ 0 • > _ 4 r-_ - .,. � 7S c �q P a 1 I I f____ __._i _.__._____ I Y �! I Y Ills ; a F't ��ir Z � - - -- Y N > _ 4 r-_ - .,. T v c �q P a 1 I I f____ __._i _.__._____ I Y �! I Y I Z � - - -- J —__ __ - - - d0 1 iO � I� IrNI 0•J i� n 1 I 1 I I I s lie I " \ 1 . 5 owA 1 I re - I I I 5 i I II I e✓N� •I I I I �F el • I I �I 1 I i I I I I 1 1 I ' � I I I I I I � ;I I I .....e - I TENTATIVE TRACT loo +T 1 SITE IIfIL� TIN Y1P 1 nxna 17J 0 RECORDED REQUESTED BY AND WHEN RECORDED RETURN TO; City Clerk, City of Rancho Cucamonga AGREEMENT THIS AGREEMENT is entered into this 20th day or Nov , 19 84, end is to be erred ive tnat Gate, rag -Ides. of she date or ewe - cution hereof, and is by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter sometimes referred to as "City ") and The Anden Group (hereinafter sometimes referred to As "Dave ... r" . WHEREAS, Developer has purchased approximately 2] at e, more or less, located generally Easier' of Archibald Ave or th of Wilson Ave Rancho Cucem onga a rod ec and WHEREAS, Developer has processed and received tentative Approval from the City for a single - family subdivision Consisting of 47 lots and equestrian trails; and • WHEREAS, in connection with tentative approval by the City, the City has tentatively approved a tract map for Tract No. 19047 and site plan ♦ n/a to allow a ,single family subdivision) a WHEREAS, at the time of recordation or the final tract map for Tract 10047 , it is anticipated that Developer will be the owner of the pro act; and WHEREAS, the City has made certain conditions and requirements regarding recordation of Covenants, Conditions and Restrictions (hereinafter sometimes referred to as (CC &R's ") to be recorded with the said final map which may incorporate certain equestrian trail requirements to be provided by Developer in the Pro)ect; and WHEREAS, the final tract map for tract 10047 must be recorded as soon as possible to allow commencementTnstruction of the Projects and WHEREAS, Developer desires to record the final tract map Far Tract No, 10047 without concurrent recordation of the CC&R'e, b acs use re7ir777 the CC&R's by the California Department of Real Estate (hereinafter sometimes referred to as ( "DRE ") will most certainly result In required changes to said CC&n'. but will not be accomplished prior to the requested date for recordation of the final tract map for Tract 1 10047 ; and WHEREAS, City and Developer desire to enter into this Agreement to provide a s surance to Cloy that no occupancy permit Far a home, in the Project kill be issued until a set of CCAR'. has been approved by and Accepted by the City and recorded and that Developer will not . receive final hookup of permanent utilities to the units or home, before retardation or Said CCAR's approved by City; 3Y 0 NON, THEREFORE, the parties hereto agree as follows: 1. Prior to any obligation on the part of City to issue occupancy permi to far the Project to be ca n s trustee i n accordance mi to final tract Map 10047 and site plan a n/a , or to allow the permanent hookup of permanent utilities to the Units Or home9 n said Tract, Developer will deposit with City a set or proposed CCa Rts, and will certify to City that the CCBR's must be acceptable to and approved by City and its legal counsel and recorded prior to City's obligati an to issue occupancy permits or permits for utility hookups for the Project. 2. The a l id CCdR's will nc0 r p or ate therein any special Condit tons or requirements which have been reGUir P.d by the City Or its Planning Commission or City Council. 3. If, after recordation of the final tract map for Tract 10047 , there is a request to revert the Project to acreage or request by Developer or any successor in interest to resubdivide the pr a a t y, this Agreement will be cancelled and terminated by recordation of a document to that effect a x cuted by the City and Developer or Developer's successor in in te r e at as a condition precedent to such reversion to acreage or approval of a different Project or subdivision on the subject property. Dore CC&R'a satisfactory to the City and approved by the DRE shall have been received by the City for recordation and recorded, the City and Developer or Its successor in interest shall execute and record a document declaring that the conditions or the Agreement have been satisfied and that this Agreement is null, void, cancelled, and of no further force and effect. WHEREFORE, this Agreement is executed the day and year fi� above written, DEYELOPE ' Y N UP CITY OF RANCHO CUC AHOY GA flY: A0 BY: Bci1}jr livpi, a7!-r By:- ,.A rr,4CALUORNIA 'S5 I i r n n l y nF [as Art)eles r a M 20th n, "1 tb1ember e4 n.rn. m n .. m r r,. n r....,. ,�..., m.l . . i a m.u, •Ppr,,,,l PaUeet R. 6fa Clellan - ., .,ir• Vlc2 Prnremr •il ^PdYC -le[Ce 'Iptd i. i. i i n• �u F• ine Est• Sn rrur• v( 1Laen CO r{ALd Lion .r r••. rn•A •M .0n •r .' . ..... .ir 1 u,l r.xp• n err per i..n�M1•ina Irrrnn rrr me i. Y .�ry �r • I, ri „•n it •ry xr nlI ,. i •r•vn •nr f, ..,, • . •mM1 pm niJ rn n p,•r ..•J 1h, ....m ,• .0 •0 \pmaal _P ,r.nxr ..r- • _ \ Na �1 as IueFiK r r Wxn Mlv 4vYmw ohi V.A Wegld (ihh, vas Im, alI M0Ma k. i.l Dal N.- rrym .M Grand) • RESOLUTION NO. Ht- -tr- -M 9N'3�� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE ANDEN GROUP FOR POSTPONEMENT OF PREPARATIONS OF COVENANTS, CONDITIONS,, AND RESTRICTIONS FOR TRACT NOS. 10046 AND 10047 WHEREAS, the Tentative Map of Tract Nos. 10046 and 10047 consisting of 70 lots submitted by the Anden Group, subdivider, located at Alta Loma Channel and Hillside and Wilson Avenues was conditionally approved to prepare Covenants, Conditions, and Restrictions (C.C. & R.'s) in compliance with standards established by the City; and WHEREAS, to meet the requirements as a prerequisite to approval of occupancy of the proposed development, said subdivider has entered into an agreement submitted herewith for approval and execution by said City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California as follows: 1. That said agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto and cause same to be . recorded upon said execution. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk j as Jon D. M ke s, Mayor 3� U STAFF REPORT DATE: December 19, 1984 TO: City Council & City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer �g Gt�`MO,y K` C9 197 SUBJECT: Acceptance of an Agreement for the preparation of C.C. & R.'s with TAC Development Corp. as a prequisite for further approvals of Tract No. 12362 located at the southwest corner of Hellman Avenue and Base Line Road. The Final Map of Tract No. 12362 was approved by City Council on December 5, 1984. The required C.C. & R.'s are under preparation and were not completed for review in time for Agenda preparation. An agreement to guarantee completion was entered into by the Developer in conformance with standards and conditions established and acceptable to the City Attorney. Normally, the recordation of C.C. & R.'s is made at the time of approval of the Department of Real Estate Report prior to occupancy of a project. Therefore, a delay in recordation would not affect the Final Map approval. Further, tentative approval of the Subdivision and Building Plan Check fees were in jeopardy of expiration. Therefore, arrangement of the attached agreement was advisable to relieve potential loss of funds and approval of the project. RECOMMENOATION It is recommended that City Council adopt the attached resolution approving the agreement for preparation of C.C. & R.'s on Tract No. 12362. Respectfully sybmitted, :ko _ LBHi: M:ko Attachments 2 4m. J 9 oA$E IINC AC i a o :':...N' p ' --- �..• —! —r •lIBOMSION MAP m 11NACAL [NOIN[[NINO CO. » »•• ^» •r 3? { In 0 RECORDED REQUESTED BY A40 WHEN RECORDED RETURN TO: City Clerk, City of Rancho Cucamonga AGREEMENT THIS AGREEMENT is entered into this 14 day of November, 1984, and is t0 be effective that date, regardless of the dam execution hereof,and is by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter sometimes) referred to as "City") and TAC Covello rent Car oration (hereinafter sometimes referred to as "Developer" . WHEREAS, Developer has purchased or will purchase approximately six and one half acres, more or less, located generally westen an of Hellm Avenue South of Baseline Road Rancho Cucam r on a (the "Project" ; and 39 WHEREAS, Developer has process and received tentative approval from the City for a common interest subdivision consisting of 88 units 22 lots and various recreational areas, open space and private streets in the Project; and WHEREAS, in connection with tentative approval by the City, the City has tentatively approved a tract map for Tract No. 12362 • and site plan . N/A to allow a (apartment project /planned unit development and WHEREAS, at the time of recordation of the final tract map for Tract •12362, it is anticipated that Developer will be the owner of the Project; and WHEREAS, as a condition precedent to approval of the tenative tract map and site plan, the City has made certain conditions and requirements regarding recordation of Covenants, Conditions. and REstrictions (hereinafter sometimes referred to as "CCSR's") to be recorded with the said final map which may incorporate certain special building features to be provided by Developer in the Project; and WHEREAS, the final tract map for Tract .12362 must be recorded as soon as possible to allow commencement Of Cnnstre C ti On 0f the Project; and WHEREAS, Developer desires to record the final tract map for Tract %a. 12362 without concurrent retardation of the CCAR's because review of the CCAR's by the California Department of Real Estate (hereinafter sometimes referred to as "ORE ") will most certainly result in required changes to said CC&R's but will not be accomplished prior to the requested date for recordation of the final tract mop for Tract 012362; and WHEREAS, City and 0... toper desire to enter into this Agreement to provide assurance to City that no occupancy permit for any apartment building in the Project will be issued until a set of CCAR's has been approved by and accepted by the City and retarded and that Developer will not receive final hookup of per- manent utilities to the units or homes before recordation of said CCAR's approved by City; • -1- 39 0 NOW, THEREFORE, the parties hereto agree as follows: I. Prior to any obligation on the part of City to issue occupancy permits for the Project to be constructed in accordance with final Tract Map 12362 and site plan .N /A , or to allow the permanent hookup of permanent utilities to the units or homes in said Tract, Developer wrll deposit with City a set of proposed CCAR's, and will certify to City that the CCAR's so deposited have received ORE approval. Further, said CCAR's must be acceptable to and approved by City and its legal counsel and recorded prior to City's obligation to issue occupancy permits or permits for utility hookups for the Project. 2. The said CC b R's will incorporate therein any special conditions or requirements which have been required by the City or its Planning Commission or City Council. 3. If, after recordation of the final tract map for Tract 12362, there is a request to revert the Project to acreage or request by Developer or any successor in interest to resubdivide the property, this Agreement will be cancelled and terminated by recording a document to that effect executed by the City and Developer or Developer's successor in interest as a condition precedent to such reversion to acreage or approval of a different Project or subdivision on the subject property. Once CCAR's satisfactory to the City and approved by the ORE shall have been received by the City for recoration and recorded, the City and Developer or its successor in interest shall execute and record a document declaring that the conditions of this Agreement have been satisfied and that this Agreement is null, void, cancelled, . and of no further force and effect. WHEREFORE, this Agreement is executed the day and year first above written. DEVELOPER: TAD DEVELOPMENT CORPORATION CITY OF RANCHO CUCAMONGA BY BY res den[ ahTi yo1 o the City pf /� - !' Rancho Cucamonga i- cretary ATTEST City Clerk of the City Rancho Cucamonga STA II Of UI Ii CO, Vr F V wv l la<r< ana e mt A Vu,l M h< Ili arinY� n✓�e LaY A CN.[i lrr < = ; pe na gllY Ym now l p r m k n., N ee e m ne Fnn .n . .a iao Irn i e ., mrpr.e.. l ,rn .wr..l,,,�n<n n.�n Wili L OAn M .1 < o,n l ,m . um,n < m .s ' • J � n mame ao on oin�,e no..r<mmn<eaMa .I m- ,.^�n n e . .o/ nr � ,/ a.la o ru .a. . <n r . m k/e1 m ©e .mma v Puaua .rr m am Inrlue faun, ma "we iO3 NOTARY 1[AL WI STA• C Ary pulwwM 4iNa DIY 11911 -- 4Y� • RESOLUTION NO. eh—t9—M P,i- -' ?.? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT WITH TAC DEVELOPMENT CORPORATION FOR POSTPONEMENT OF PREPARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 12362 WHEREAS, the Tentative Map of Tract No. 12362 consisting of 22 lots submitted by TAC Development Corporation, subdivider, located at the southwest corner of Hellman Avenue and Base Line Road was conditionally approved to prepare Covenants, Conditions and Restrictions (C.C. & R.'s) in compliance with standards established by the City; and WHEREAS, to meet the requirements as a prerequisite to approval of occupancy of the proposed development said subdivider has entered into an agreement submitted herewith for approval and execution by said City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California as follows: 1. That said agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto and cause same to be • recorded upon said execution. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa • Jon D. Mikels, Mayor L// • • v ^l n A WTn OT Tn A \en \Tr e STAFF REPORT?' y. DATE: December 19, 1984 1977 TO: City Council & City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Acceptance of an Improvement Extension Agreement for Tract Nos. 12237, 12237 -1, and 12237 -2 located on the east side of Hermosa Avenue at the North City Limits submitted by Dick Scott, Inc. Mr. Dick Scott, subdivider of Tract Nos. 12237, 12237 -1, and 12237 -2, has submitted an Improvement Extension Agreement to request a one -year extension for the construction of off -site improvements. Bonds in the following amounts are on file in the City Clerk's office: Faithful Performance Bond Labor & Material Bond Tract No. 12237 $144,000.00 $72,000.00 Tract No. 12237 -1 $190,000.00 $95,000.00 Tract No. 12237 -2 $147.000.00 $73,500.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving said Improvement Extension Agreement and authorizing the Mayor and City Clerk to sign same. Res ectfully su fled, LBH:JLM:ko Attachments y' • TENTATIVE TRACT No. 12237 W RW 1,7 fidpic, DEVELOPMENT, INC. Decomber 5, 1584 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucmonga, California 91730 Re: Ii'TPR0FrV P .F.'l'=IJSICi? A.OR== - MCT :.(1S. 12237, 12237 -1, and 12237 -2 Dear Lloyd: Trans -itted ner°7ith is the I=,revenent °.%tension Agreement, for the above referenced Tracts, fully executed by Mr. Richard N. Scott, President, Dick • Scott, Inc., with signature notarised. Upon execution 'ny t,a City of Rancho Cucamonga, would you please send me a copy reflecting all signatures, in order that I might transmit sale to our Bonding Cc-.pany. Thank you for your assistance in this matter. Very sigcerely yours, / Lynda M.. Collins, Secretary to Richard N. Scott, President Dick Scott, Inc. I TIC Enclosure qv 1111 WEST NINTH STREET • UPLAND. CALIFORNIA 91786 • 714.948.1802 11 • E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Shintu Bose, Associate Civil Engineer G� Y <; f C6 p x 1977 SUBJECT: Acceptance of Bonds, Agreement and Final Map for Tracts 12237, 12237 -1, 12237 -2 and approval of Guarantee of Payment Agreement for Assessment District No. 82 -2 submitted by Dick Scott, Developer located at the North City Limits on the East side of Hermosa Avenue Tract 12237 was approved by Planning Commission on January 12, 1983 for the division of 55 acres of land into 86 lots. Dick Scott, Inc., owner and developer has submitted an agreement and bonds guaranteeing construction of public improvements in the following amounts: Faithful Performance Bond Labor & Material Bond Tract 12237 $144,000.00 $ 72,000.00 Tract 12237 -1 $190,000.00 $ 95,000.00 Tract 12237 -2 $141,000.00 $ 73,500.00 Vista Grove $ 42,000.00 $ 21,000.00 Alta Loma Channel $392,000.00 $196,000.00 Also attached herewith a Guarantee of Payment Agreement by Dick Scott, Inc. guaranteeing payment of consulting services for Assessment District No. 82 -2 (Alta Loma Channel) for your approval. RECOhMENDATION It is recommended that City Council approve the attached resolution approving Tracts 12337, 12237 -1 an! 12237 -2 and accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. It is further recommended that City Council approve the attached Guarantee of Payment Agreement and authorize the Mayor and City Clerk to sign same. Respectfully submit ed, LBH: .3aa' Atta ments -r :;" e CITY OF RANCHO CUCAMONGA IMPROVEMENT EXTENSION AGREEMENT FOR TRACT MOS. 12337, 1233 -1, and 12]3) -2 KNOW AL MEN BY THESE PRESENTS: That this apreeaent is made and entered ',to. in conformance with the provisions of the Subdivision Hap Act of the City of Rancho CuCaron93, California, a muninpai coreoration, by and between the said City, here,-after referred to as the City, aid nick Scot[ 'no. referred to as the Developer. MITNESSETH: THAT, WHEREAS said Developer entered into an 1- orovement ig"em "t with the city as a regulerte to issuance of li"Idings oormrts, anc WHEREAS, said Developer desires an extension of dl-.e to complete the terms of the said improvement agreement, NOW, THEREFORE, it is hereby agreed by the City and by said DevebDe- as foilons: I. The completion date of the terms of the said i.morovnment agree^ent is hereby extended by a period of 12 months frcn the date of expirat,on of the said a9ree0eot. 2. Increase in improvement securities to reflect current imor ove^ent costi Shall be furnished by the developer with this agreement are shall be approved by the City Attorney. 3. The redu'.red bond and the additional princnpal a^p•.nts nereef are set forth on the attached Sheet. • 4. All other terns and conditions Df the said improvement agreement shall remain the same. As evidence of understanding the prowi,ions contained herein. and of intent to comply with same, the Developer has s bmitted the delta descriced Imorovement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE 80,40 Oescr'.otion: Additional Principal Amount: NOSE Surety: Address: MATERIAL AND LABOR SOnD Description: Additional Principal MwVnt:FONE Surety: Address: Additional Cash Deposit: GASH DEPOSIT MONUMENTIAG BOND NONF. MAINTENANCE GUARANTEE BOND Principal Amount: NONE To be pasted prior t0 acceptance If the protect by the City. ♦fafHoff �ffapffe »fuwffffo� »f wfuf +ff f 'Ef ubo�ffff fa a e fff ueffffefff CITY OF RANCH^ municipal OEV L 'O CAI IF OP.N V, a mum i<Ipal corporation J By: RCLcA/ fi Jan J. nee s, MaYOr Attest: / Lauren M. Wasserman, City c erK NOTE: DEVELOPER'S SIGNATURE MUST BE NOTARIZED �/ a RESOLUTION NO. Ei2-� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACTS 12237, 12237 -1, AND 12237 -2 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on December 5, 1984 by Richard N. Scott as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located on the east side of Hermosa Avenue at the North City Limits; and WHEREAS, the installation of such improvements, described in said Improvement Extension Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Tract Nos. 12237, 12237 -1 and 12237 -2; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk j as 9 Jon D. Mikels, Mayor cy, r\ lJ n U DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT p Gl}G�Mp 0 (�t 9 z" i December 19, 1984 City Council & City Manager Lloyd B. Hubbs, City Engineer Barbara Krall, Engineer Technician Approval of Subordination Agreement from Kenco Machine Co. connection with D.R. 81 -33 ' 5 I9]i 1 Inc. in A Real Property Improvement Contract and Lien Agreement is being held by the City for the above described project for the future construction of a median island on 4th Street. In order to secure new financing for the project, the lender requires that the existing lien agreement be subordinate to a lien in favor of the lender. Kenco Machine, Inc. has submitted the attached Subordination Agreement for City Council approval. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving said Subordination Agreement and authorizing the Mayor and City Clerk to sign same and cause same to be recorded. Respectfully submitted, :ko Attachments U? Foothill ,o�, Independent Bank 99098aseline r Rancho Cucamonga. CA 917301 7141980 4331 City of Rancho Cucamonga Nov. 29, 1984 P.O. Box 807 Rancho Cucamonga, Ca. 91730 Dear Barbara; We submitted a Subordination Agreement to the City on covering our loan for Kenco Machine Inc. in the amount of Three - Hundred forty thousand and no /100 ($340,000 -). As a result the loan amount disbursed was less ($230,000 -) and the Mayor 6 City Clerks signatures were not notarized therefore this subordination agreement was not acceptable. We have retyped the agreement with the correct amount. Would you please have it approved and the signatures notar- ized. When this is completed please call me so that I can hand -carry this for recording. Thank you again for your assistance in this matter. If you have any questions you may call me at 980 -4331. TM /dk a9 Sincerely, Tami 'tiller AVP Manager SuborAgmt • SUBORDINATION AGREEMENT .NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TD AND LONER PRIORITY THAN THE'LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this loch day of August ,19 84 by Renco Machine, Inc. owner o Lhe and here ina�r des bed and hereina ter re erred to as "owner" and the City of Rancho Cucamonga hereinafter referred to as "City ", owner and holder of the certain Real Property and Lien Agreement hereinafter referred to as "Lien Agreement ". WITNESSETH city of Rancho Cucamonga is the beneficiary under that certair. THAT WHEREAS, real property cporracr and Itan aereecnmbc dated may 8. 1982 covering: Parcel 2 of Parcel Maps No. 5239 in the city of Rancho Cucamonga as per plat recorded in Book 52 of Parcel Maps Page 10- Records of San Bernardino County, California construction to secure Real Property Inpr ant d Lien Agreement (median island and mbar offsite which was recorded Mav 25Ve 1982 (IC n83- 1025:0) in the 0 /I Clai Records of said County; an WHEREAS, owner has executed a deed of trust and note in the sum Of s a -TU 1 a hundred thirty flue thousand and nc1100a a dated Au "per 23rd 1904 _ __e in1'over Of Food M1 ill tndc enden Bank hereinafter • re erIe to as Lender ", payab a with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to making said loan that said deed of trust last above mentioned shall uncondi mnally be and remain at all times a lien or charge upon the land here i nbefore described, prior and superior to the lien or charge of the Lien Agreement; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described Property prior to superior to the lien ar charge of the Lien Agreement and provided that City will specifically and unconditionally subordinate the lien or charge of the Lien Agreement to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is the mutual benefit of the parties hereto that Lender modify said loan to Owner; and City is willing that the deed of trust securing the same shall constitute a lien or charge upon said land which is unconditionally prior to superior to the lien or charge on the Lien Agreement. NON, THEREFORE, in consideration of the mutual benefits accuring to the parties hereto and other valuable consideration, the receipt and sufficiency of Which consideration is hereby acknowledged, and in order to induce Lender to modify the loan above referred to, It is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein • described prior and superior to the lien or charge 0 f the Lien Agreement. (b) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge (2) That Lender would not make its loan above charge upon said land of the deed Of trust in described without this subordination agreement. favor of Lender above referred to and understands (3) That this agreement shall be the whole and only this waiver, relinquishment and subordination s p e c i f i c l o a n s and adv 3nces are being and will be agreement with regard to the subordnat ion of the made and as a part and parcel thereof, specific • lien or charge of the Lien Agreement to the lien he nnfcred into which _ id not b dada or entered or charge of the deed of trust in favor of Lender into but for said reliance upon this waiver, above referred to and shall suoersede and cancel, (c) An endorsement has been placed upon 0e Lien but only insofar as would affect the priority Agreement that said Lien Agreement has by this between the deed of trust and Lien Agreement any of the deed of trust in favor of Lender above prior agreements as to Such subOrdi nation referred to. including, but not Iinited to, those prpvi sions, if any, contained in the Lien Agreement which provide for the subordination of the lien or charge thereof to another deed or deans of trust or to another mortgage or mortgages. - The City declares, agrees and acknowledges that: (a) He consents to and approves all provisions of the note and deed of trust in favor of Lender above referred to by that certain modification agreement by and between Owner and Lender, dated mmuu 13rd. 1984 (b) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Lien Agreement in favor of the lien or charge upon said land of the deed Of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination s p e c i f i c l o a n s and adv 3nces are being and will be made and as a part and parcel thereof, specific • monetary and other obligations are being and will he nnfcred into which _ id not b dada or entered into but for said reliance upon this waiver, relinquishment and subordination; and (c) An endorsement has been placed upon 0e Lien Agreement that said Lien Agreement has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORD[NATION AGREEMENT CONT FINS A PROVI SIGN YH ICH ALLOWS THE PERSON OBLIGATED 0:1 YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHI.H MAY BE EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND. Ken <o `:achine, tre -A California C..rpnrarion 1 er tan B. nnn —n -1 ^res DATE Jen i). Mi kel A Y CLERK- ALL SIGNATURES MUST BE NOTARIZED IN nrNa :51 RESOLUTION NO. ci-c- :9 -iOR— 7 � . 3/ 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SUBORDINATION AGREEMENT FROM KENCO MACHINE COMPANY, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME - WHEREAS, a Real Property Improvement Contract and Lien Agreement for the installation of one -half median island landscaped along 4th Street was approved by City Council on December 19, 1984 and recorded in San Bernardino County on May 24, 1984. Instrument No. 82- 102548; and WHEREAS, for the developer to secure financing for the project, the lender requires that the above- mentioned lien be subordinate to the lien in favor of the lender: and WHEREAS, the developer, has submitted a Subordinate Agreement to that effect for the City's approval and execution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Subordinate Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Subordination Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest thereto. • PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa 0 Jon D. Mike s, Mayor • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19. 1984 CU�MO�c C' S AM TO: City Council & City Mac_ger FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Acceptance of Agreement and Security for D. R. 83 -19 located at the northwest corner of Rancheria Street and Tapia Via submitted by Richard Villa. The attached resolution is submitted for the approval of an Improvement Agreement to guarantee construction of missing street improvements. The improvements are required with the development of an apartment project, D.R. 83 -19, located at the northwest corner of Rancheria Street and Tapia Via. The security is as follows: Improvement Security Instrument $28,500.00 This apartment project was conditionally approved by the Planning Commission on October 26, 1983 for the development of 8 units in the R -3 zone. RECOMMENDATION It is recommended that Council adopt the attached resolution approving the Agreement and Security and authorizing the Mayor & City Clerk to sign on behalf of the City. Respectfull LBH:JLM:ko Attachments S3 0 • lLJ • CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR DIRECTOR REVIEW 93 -19 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- ed to as the City, by and between said City and,,•a , yAS Ex C,i,p>,v hereinafter referred to as the Developer. THAT, WHEREAS, said Developer desires to develop certain real property in said City located AT THE YORTHWEST CORNER OF TAPIA VIA AND- RXSCHERIA STREET ; and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said ao;rosai. HOW, ')ICRCFORE, it Is hereby agreed by and between the City and the Developer as follows; 1, The Oeveloper hereby agrees to construct at • developer's expense all improvements described on page d hereof within 12 months from the date hereof. ? Th,s ag•e m.o[ shall be effective on the date of the resolution of the Council pf said City approving this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The Developer may request additional time in which to complete the provisions of this agreement, in writing not less than 30 days prior to the default date, and including a statement of circumstances of necessity for additional time. In considera- tion of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. e. If the Developer faits or neglects to comply with the Provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful means, and thereupon to recover from said Developer and /or his Surety the full cast and expense incurred In so doing. S. Construction permits shall be Obtained by the Devel- oper from the office of the City Engineer prior to start of any work within the public right -of -way, and the developer shall conduct such work in full compliance with the regulations contained therein. Non- compliance may result in stopping of the work by the City, and assessment of the penalties provided, 6, Public right -of -way improvement work required shall be constructed in conformance with approved improvement plans, • Standard Specifications, and Standard Drawings and any special S.F., D.R., Res., P.N.,CUP 15!:, 0 amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. Errors or ommissions discovered during construc- tion shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 7. Work done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense Incurred from the Developer and,or his contractor by any lawful means. B. The Developer shall be responsible for replacement, relocations, or removal of any component of any irrigation water System in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right -of -way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11, The Improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney, The prin- cipal amount of said improvement security shall not be less than the amount shown: • .Z. • 0 +i • 16 IMPROVEMENT SECURITY INSTRUMENT s 28,500.00 FAITHFUL PERFORMANCE Type: " o- ircloal Amount: lame and address of surety: MATERIAL AND LABOR Type: or 1,131 A-munb Name and address of surety; CASH DEPOSIT MONUMENTATION Type: P- -nCipal amount: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledge with all formalities required by law pn the da a se f rth Dille their signatures. j/9�'L 'I oy 'R COMPANY Data/,2, %J Developer r r ign azure RICHARD P. VILIA : OWNER : PRESIDENT Printed Date_ by , Developer YftOte Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest; City / Clerk Approved: / C lay Atborney . swan, -gjid a a on tMe the l,f aar, of l Rai —e /NoN•ot., the un_fdeTrlai,needd P01111. o ,00ranTyy appeared OfiKlwl APdL 'l pMaonally known to me 'Ylprored to me on Ina were al ealielaclory erPd.no. V BmrINMn AmhnNl ay Mrrrn. MF e„ to IN . 1 no ec_uted moe l wnhm manomenln QA Him- an oehPll of ine corPOUnon heron om I/ Me �p(An/ot )r e[nw co.nrr name, and aukrurmeeged to me iMnne coryonlron encored rl NI bNNarn LNn l�ry a. 1N1 i WITNESS my hand and olircnl ..41, /i.TIeU f . h NoNry'e Srq azure N " /ll S Ln y L.i CITY OF RANCHO CUCNMINGA' ENGINEERING T PERMIT OIYISIDIVISION • ENCROACHMENT RENNIT FEE SCHEDULE IV For Improvement: _ DAte; ampute y: File Reference: Ci[Y Drawing o. NOTE: Ones not include anent fee for writing barrels a Paveawaot deposits QUANTITY UNIT ITEM PRICE AMOUNT L.F. P.C.L. curb - 12• L.F. 24^ gutter 7,25 sns L.F. P.L.L. curb - 8" C.F. 24" gutter 6.00 1515 L.F. P.C.C. curb only 5,50 L.F. A.C. berm 4.50 771'5.:. r S.F. 4" P.L.C. sidewalk 1.75 Pit ;.1ir S.F. Drive approach 2.50 it S.F. 8• P.C.C. crass gutter (inc. curb) - ---- 3.40 C.Y. Street excavation 1.50 C.Y. Imparted embankment 1.50 _ S.F. Preparation of subgrade 0.15 700 S.F. Crushed agg. base (pet inch thlck) .13 0-.01 �a'"7C- ToN A.C. (over 1300 tons) 27.00 541: TON A.L. (900 to 1300 tons) 35.00 TON P.C. (500 to 900 tons) 45.00 TON P.C. (under 500 tons) 60.00 S.F. A.C. (3^ thick) 0.55 550 S.F. Patch A.C. (trench) 1175 _ S.F. I- thick A.C. overlay 0.30 EA, Adjust sewer manhole to grade 250.00 _ EA. Adjust sewer clean out to grade 150.00 EA. Adjust water valves to grade 75.00 EA, Street lights 1000.00 L.F. Barricades (Intersec. 5500 min) 1.00 L.F. 2 x A" redwd40 header 1.75 S.F. Removal of A.C. pavement 0.35 L.F. Removal of P.L.C. curb 3.30 L.F. Removal of A.C, berm 1.00 _ EA. Street signs 200.00 LA. Reflectors and posts 35.00 Lf. Concrete block wall 25.00 S.F. Retaining wall 20,00 TON Aggregate base 7.00 C.Y. Concrete structures 425.00 L.F. 18" RCP (2000 0) 29.00 24" RCP (1500 0) 35.00 L.F. 36" RCP (2000 D) 49.00 -- L.F. 48^ RCP (1200 0) 76.00 EA. Catch basin N + 4' 2000.00 EA. Catch basin N - 8' 2900.00 EA, Catch basin M • 22' 4500.00 EA. Local depression 4' 500.00 EA. Local depression 12' 1000.00 EA. Junction structure $000.00 _ EA. Outlet Structure, Std 1506 1500.00 EA. Outlet structure, Std #507 500.00 EA. Guard posts 40.00 L.F. Guard panel (wood) 25.00 vRC L.F. Saweut 2.00 i3eT77- EA. Headwall (48" wing) 4000.00 L.F, Redwood header 1.75 _ S.F. Landscaping 6 irrigation 2.75 L.F. Roll curb (P.C.C.) 7.50 ENGINEERING INSPECTION FEE 795.00 SUB TOTAL 'RESTORATION/OELINEATION CASH 1.500.00 CONTINGENCY COSTS DEPOSIT (RENNOABLC) FAITHFUL PERFORMANCE OBOND (100%) MONUMENTATION SURETY (CASH) LABOR AND MATERIAL BONO (50%) E 9.500. Mrrsuant to City of Rancho Cmaiew a Municipal Cade, Title I, Chapter 1.09, adoRting San 9reardin, County Code Titles, Chapters I.S. a cash restrettde /delhoatton deposit Shall be Oak Prlr to Issuadce of am Enelnaerin9 /Construction Permit. Revised 3/84 S X A IMPROVEMENT SECURITY INSTRUMENT Y for THIS AGREEMENT, made and entered into this day of 19 84 , by and between 8�nk or Mutter hereinafter referre -3 to a5 " Lender", an6 y r C m hereinafter referred to As "Borrower ", and THE CirY RANCH CUC AMORGA, CALIFORNIA, hereinafter referred to as "City", provides as follows: AITMESSETH: NNEREAS, Lender is a financial institution subject to regulation by the state of federal 90 v ernTent within the meaning of California Government Code Section 66499(a)(3)p and AHEREAS, from the Proceeds of a loan from Lender to Borrower, Lender has on deposit for the account of Borrower, the Sum of 8M`* , two - thirds (2/3) of hich shall constitute and be referred to as "the performance fund" and the other one -third (113) of which Shall constitute and be referred to as the "payment fund" and NNEREAS. Borrower has entered into an Agreement, herein- after referred to as "the Agreement`, with the City wnereby Borrower, agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as referring to Project is hereby referred to and matle A part hereof, NON, THEREFORE, in consideration of the City giving • final approval to the project k ^Own as 09 83-19 and authorizing the recordation of any tract or pa,tel map pertaining thereto, Lender and Borrower agrees: 1. The performance full is security pledged to the City to insure that Borrower, its heirs, successors, executors and administrators. shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and provlsons of the Agreement and any altr atian thereof made as therein provided, on Borrower's part to be kept and performed atthe time and in the manner therein specified and in all resovcts according to its true and lawful meaning, and to insure that Borrower, its heirs, successors, executors and administrators, shall indemnify and save harmless City, its officers, agents and employees as stipulated in the Agreement. 2. Lender shall disburse the performance fund to the City in such amounts as the City deaandS, promptly upon receipt of written demands signed by the City Engineer of the City, and specifying therein that Borrower is in default under the Agree- ment or this Agreement. In the event City commences legal action to recover all or any portion of the performance fund, then the City shall be entitled to recover, in addition to the amount of the perf'or- nee fund, costs and CdSOndnle Papenses and fees, including reasonable attorney's fees. 4. Lender and Borrower agree that the payment fund is security pleged for the payment of all contractors, Subcontractors, laborers, materiaimen and other persons employed In the performance of the Agreement and who are referred to in Title 15 (comaencing with Section 3082) of Part 4 of Division 3 of the Civil, Code of the State of California for materials furnished or labor performed of any kind, or amounts due under is the Unemployment Insurance Act with respect to such work or labor, and that Lender will pay the same In an amount not exceed- ing the payment fund, and in case suite is brought will pay, is s9 addition to the payment fund, costs and reasonable expenses and • fees, including attorney's fees. S. This Agreement and the payment fund shall insure to the benefit of any and all oersons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part d of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Agreement or against the payment fund, 6, No change, extension of time, alteration or addition to the terms of the Agreement or to the 'work to be performed thereunder or the specifications accompanying the same shall in any wise affect this Agreement or lender and Borrower's obliga- tions hereunder, and they do hereby waive notice of any such chance, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specification. This Agreement shall become effective upon acceptance by the City and shall remain in full force and effect until sacs time as the City shall release the performance fund and payment fund as hereinafter provided. IN WITNESS WHEREOF, Lender and Borrower have executed this Agreement on the day and year first above written. LENDER: 15161 8 Whittler Bled. Whittier, Ca 90601 i Name Mbert 6 Buseirt� a BORROWER: Wall natter Cwwne by; lame c arr Ila 426 Turnbull Canyon, Ciq of Industry, Ca Owner The City of Rancho Cucamonga, California, hereby accepts the foregoing Improvement Security Instrument and agrees: 1. Upon final completion and acceptance of the required work, and the performance of all acts specified in the Agreement. City will release any part of the performance fund not claimed by the City in accordance with the above provisions, not needed as security deemed necessary by the City for any guarantee or warranty period or not needed as se", ity for costs and reasonable expenses and fees of the City, including reasonable attorney's fees. 2. Six (6) months after the completion and acceptance of the required work, City will release the payment fund except such part thereof as equals the total of all claims on which an action has been filed and notice thereof given in writing to the h tv f.nuncil of the City. CMw r, oG LIFOLOS Sa ANGELES }eb aqq,, n m 6th nrm DECEMBER ,n BA abo m. 4 ma wawwywa. t Co- LA VI rM r Lnn a+a s, RI CHARAR D aA m. 2 pa,Lmary mw.a RI P, VILLA E Nb�p..., poNa brM On d np __ - PnWne.4 M 1. ow . uu...... a. ...ue• y a ••Baweley a nr wwpac .tm rte, a.wln aw wax. p ma,nwm m Vat d m. �mwAn dw..n eweta, aA .mw,.. NA4t] b Tt mY Luw, CgW.lm .L.e,Yd M wI1M NIMe,e i pwrua'M b1\b \',,` /. •nwaam (�W�yU WdRnL 8 S 59etxr. YI VIRGINIVE,, FALWELL O - B SAMCO MO. W VNMMOMMI tFMWEII ANrt raNS•afVint nx.wr stn. ,ux.winaown y bnt� Wa M 411N • RESOLUTION NO. Efe -i9-tK 8'! — -' ,' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 83 -19 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on December 6, 1984, by Richard Villa as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at the northwest corner of Rancheria Street and Tapia Via; 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, Development Review No. 83 -19; 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 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa n U Jon 0. Mikels, Mayor 6/ 9 • lJ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds Tr. 11696 - located west of Sapphire at Garden Ct. DEVELOPER: Vanguard Company P. 0. Box 880 Upland, California 91786 Accept: Maintenance Guarantee Bond $1,100.00 Release: Faithful Performance Bond $22,000.00 The road improvements have been completed in accordance with approved plans and it is recommended that the Council accept the Maintenance Guarantee Bondin the amount of $1,100.00, authorize release of the Faithful Performance Bond in the amount of $22,000.00 and authorize the City Engineer to file a Notice of Completion. Tr. 9637 - located at Archibald & Highland Avenues DEVELOPER: Crismar Development Corp. P.D. Box 2131 Santa Monica, CA 90406 Release: Maintenance Guarantee Bond $10,000.00 The one year maintenance period on Tract 9637 has been completed and it is recommended that Council authorize the release of the Maintenance Guarantee Bond in the amount of $10,000.00 continued... Gi City Council Staff Report Release of Bonds December 19, 1984 Page 2 • D.R. 82 -05 - located at the southwest corner of Arrow Rt. & Archibald Ave. DEVELOPER: A. H. Reiter Development P. 0. Box 7250 Newport Beach, CA 92658 Release: Faithful Performance Bond $19,000 The road improvement for D.R. 82 -05 have been completed in accordance with approved plans and it is recommended that Council authorize the release of the Faithful Performance Bond in the amount of $19,000.00 and authorize the City Engineer to file a Notice of Completion. Improvement of Sixth Street east of Haven Avenue CONTRACTOR: Fontana Paving P. 0. Box 847 Fontana, California 92335 Faithful Performance Bond $10,000.00 • The improvements of Sixth Street east of Haven Avenue have been completed according to the agreement with Fontana Paving dated February 16, 1984. It is recommended that Council authorize the release of the Faithful Performance Bond in the amount of $10,000.00. D. R. 81 -31 located at the southwest corner of Archibald Ave. & Arrow Rt. DEVELOPER: A. H. Reiter Development P. 0. Box 7250 Newport Beach, CA 92658 Faithful Performance Bond $4,500.00 The road improvements for D.R. 81 -31 have been completed in accordance with approved plans and it is recommended that Council authorize the release of the Faithful Performance Bon in the amount of $4,500.00 and authorize the City Engineer to file a Notice of Completion. Respectfully sub a(itted, 9 i LBH:bc • � 3 RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, 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 in the hereinafter described real property, the nature of which interest or estate Is: TRACT 11696 1I 1I i TRACT 11696 4. The name of the original contractor for the work of improvement as a whole was: VANGUARD COMPANY S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: LOCATED WEST OF SAPPHIRE AT GARDEN COURT �d CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd . Hub s, City Engineer 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. • 3. On the 19th day of December, 1984, there was completed on the hereinafter described real property the work of Improvement set forth in the contract documents for: 1I 1I i TRACT 11696 4. The name of the original contractor for the work of improvement as a whole was: VANGUARD COMPANY S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: LOCATED WEST OF SAPPHIRE AT GARDEN COURT �d CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd . Hub s, City Engineer • RESOLUTION NO.-&19-� 8`'- -' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11696 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 11696 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: • ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa 9 Jon D. Mikels, Mayor 6S RECORDING REQUESTED By CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE Of COMPLETION NOTICE 1S HEREBY GIVEN THAT: 1. The undersigned is in Owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is; D.A. 82 -05 2. The full name and address of the undersigned owner is: CITY Of RANCHO CUCAMDNGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, • California 91730. 3. On the 19th day of December, 1984, there was completed an the hereinafter described real property the work of improvement set forth in the contract documents for: O.R. 82 -05 4. The name of the original contractor for the work of improvement as a whole was: A. H. REITER DEVELOPMENT S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows; LOCATED AT THE SOUTHWEST CORNER OF ARROW ROUTE AND ARCHIBALD AVENUE CITY OF RANCHO CUCAMONGA, a municipai corporation, Owner Lloyd ub s, City ngineer 19 ("%ft"mg. to i RESOLUTION NO. *Q-4 � 2`('s. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D.R. 82 -05 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D.R. 82 -05 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa r1 �J o% Jon D. Mike s, Mayor RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an comer of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: O.R. 81 -31 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, • California 91730. 3. On the 19th day of December, 1984, there was cmpleted on the hereinafter described real property the work of improvement set forth in the contract documents for: O.R. 81 -31 4. The name of the original contractor for the work of improvement as a whole was: A. H. REITER DEVELOPMENT 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVE. AND ARROW ROUTE CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd u s, City Engineer I • RESOLUTION NO. 83Y='ifi- ;/-. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D.R. 81 -31 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D.R. 81 -31 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: • ATTEST: Beverly A. Authe et, City Clerk jaa `J "I Jon D. Mike s, Mayor J 19 STAFF REPORT DATE: December 19, 1984 U TO: City Council and City Manager 1V, FROM: Lloyd B. Hobbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorization to Invite Bids for Traffic Signals and Safety Lighting on Archibald Avenue at Sixth Street The subject project plans and specifications have been completed by Lawrence S. Eisenhart, reviewed by Staff and approved by the City Engineer. The project consists of the installation of traffic signals and safety lighting on Archibald Avenue at Sixth Street. The Engineer's estimate is $50,000.00. The above project has been previously approved for funding utilizing System Development and /or Gas Tax funds. RECOMMENDATION: Staff recommends that the City Council authorize the City Clerk to advertise "Notice Inviting bids" for Traffic Signals and Safety Lighting on Archibald Avenue at Sixth Street, approve the funding source and approve the design, plans and specifications for the above project. Respectfully su itted,% LBH:MP:bc -7 0 Ll • ii LJ I'll n, n 1.1111n nrtn. T1I .rn STAFF REPORT DATE: December 19, 1984' TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cota, Assistant Civil Engineer r L' FI V W J iJ 1977 SUBJECT: Electrical Undergrounding of Service Connections in Underground Utility District No. 2 (UUDY2) on Archibald Avenue from Church Street to Base Line Road A single sealed bid for the above subject project was received at 10:00 am on November 30, 1984 in the office of the City Clerk, and was publicly opened and read. Attached is a summary of the single bid submitted by DEWCO, General Contractors and Developers from Yorba Linda. Said bid of $47,010.00 exceeds the Engineer's Estimate of $14,600.00. The Engineering Staff has analyzed the bid and finds its correct but unacceptable. The bid summitted includes charges for undergrounding electrical service laterals that will be installed by the Southern California Edison (SCE) Company's contractor. The Engineering Staff has revised the plans and specifications to clarify the scope of work to be contracted by the City. RECOMMENDATION It is recommended that City Council deny the award of the contract to DEWCO, General Contractors and Developers as bid for $47,010.00 and grant the City Engineer authorization to readvertise bids for electrical undergrouding of service connections in Underground Utility District No. 2 (UUD /2) on Archibald Avenue from Church Street to Base Line Road. Respectful1 subVtted, LBH. C:jaa Attachment 7/ TOTALS $47,010.00 V r CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS OPENED PROJECT: Electrical Underground of Service Connections in Underground DATE: November 30, 1984 Utility District No. 2 (UUDB2) - LOCATION: Archibald Avenue from Church Street to Base Line Raod CONTRACT NO. 21- 4647 -8136 DEWCO ITEMS QUANTITIES BID AMOUNT 8ID AMOUNT BID AMOUNT L. 16 "X24 "X6" Pull Box 25 105.00 2,625.00 ?. Service Closure - Fusible 7 745.00 5,215.00 1. Meter Sockets 7 830.00 5,810.00 3. Grounding Installtn. 14 80.00 1,120.00 i. Removals L.S. L.S. 14,880.00 i. Cutting & Patching L.S. L.S. 12,560.00 I. Clearing & Grubbing L.S. L.S. 4,800.00 TOTALS $47,010.00 V r CITY OF RANCHO CUCAMONGA CSIC&M!aj • MEMORANDUM 17 , z r December 13, 1984 1977 TO: City Manager and City Council FROM: Mark Lorimer, Administrative Analyst SUBJECT: LEASE OF NEW TELEPHONE SYSTEM Since the early months of this year, staff has been studying the relation- ship between the rapid increase in service and staffing levels and the need for additional telephone equipment and incoming lines. After months of review and consideration of six telephone systems proposed by eight different companies, staff has determined that the City is in need of an upgraded communications system capable of handling an increase in the number of incoming lines and telephones. At present, our General Telephone model GTD120 is capable of handling up to 120 stations by way of one system switchboard. All calls come • through the one existing switchboard and are transfered to each department for further transfer to specific employees. Such a process creates the possibility of a caller being transfered three times before reaching the appropriate destination. It has been determined that incorporating a new system whereby each department would have its own switchboard and independent telephone number for purposes of receiving incoming calls would reduce the frequency of unecessary transfers. Further, with the increase number of employees it is necessary to increase the number of telephone stations. With the limited capacity of the existing system, it is feared that our telecommunications needs will not be met unless the City resorts to a higher rapacity system. From our months of studying the City's telecommunications needs, staff has determined the need for the following: 1. Expansion from one general telephone number to three (one for Administration, one for Community Development, and one for Community Services). 2. Expansion from 68 extensions to 92, as a result of the recent hiring of new employees. 3. Incorporation of a program for Least Cost Routing, whereby the most cost efficient long - distance services are available. 4. Incorporation of a program for Toll Restriction, whereby designated extensions are restricted from dialing certain area codes and prefixes. 5. Incorporation of a data base for retrieval of information necessary to complete research. 6. Incorporation of a system for Call Forwarding whereby each caller is assured a'response from someone within a department rather than having a call not answered and returned to the switchboard. 7. Expansion from one attendant's console to two, whereby both the Administration and Community Development Departments could answer separate incoming calls according to their respective functions. This would eliminate the unnecessary transfering of a call from the Administration switchboard to the Community Development switchboard. 8. Expansion from thirteen incoming lines to twenty in order to reduce the frequency of call overload, which results in an increased possibility the general phone number will be busy and the increased possibility that an outgoing phoneline will be busy. In examining the telecommunications needs of the City, it has been determined that the existing GTE system falls short of providing adequate service. First, the system will not allow more than one switchboard, which defeats the basic intent on reducing the frequency of transfers. Additionally, the existing system does not incorporate the features of call forwarding, toll restriction, least cost routing, or multiple telephone numbers. While, the existing system does have the capacity to incorporate some of such features, their implementation would be costly. Finally, it should be noted that within the coming two -three years, the City may need to add more telenhone extensions than the existing system would allow. It is therefore recommended that the City In an attempt to meet the needs of the City, staff reviewed eight proposals for six different telephone systems. These systems include the following: 1. GTE "Omni" 2. ITT "3100" 3. Mitel "SX200" 4. Ericcson "Prodigy" 5. AT &T "System 75" 6. Toshiba "Perception" Li • Among the six systems, features and equipment were relatively similar, as was the price quoted by each vendor. In evaluating the systems and determining the most appropriate for our needs, staff paid close attention to the reputation of the company, the cost of the system, the quality and quantity of the equipment offered, and the reputation of servicing the system. In addition, staff considered the comments of other referenced • cities that currently employ the various systems. -7 Y After much consideration, staff determined that the ITT "3100" would best meet the needs of Rancho Cucamonga. Staff acknowledges that the benefits of a larger company will be gained by I7rls committment to service and maintenance of their system. Additionally, the system 3100 will provide the City with those features and upgraded capabilities necessary to handle least cost routing, toll restriction, call forwarding, and the need for addition phone extension in the future. As for cost, the proposed system ranked as the third lowest for overall purchase price and second lowest for monthly payments. The lowest price system bid was the Mitel SX200 offered by Highland Telecommunications. However, staff main- tains sufficient question as to the service and maintenance of the system which that company could provide. In acquiring the system 3100, the City has the option of purchasing or the option of leasing the system for a specified number of years. It is in the best interest of the City to lease the system, since the total amount paid each month toward the lease will not exceed 10% above that amount which the City is paying for the rental of our existing system. Essentially, our payment structure will remain as it is today. Acquiring the new system will also be of benefit in that a cost savings of 25% -40% on long distance calls is anticipated by way of incorporating the program of least cost routing and toll restriction. Such a savings in itself should pay for the increase in the monthly payments for the new system. Further, an expansion in total equipment, the number of general phone numbers, and the features with which the City may provide better service reinforce the substantial advantage of acquiring a new system. • As a bottom line, staff anticipates little or no increase in actual cost for the new telephone system, yet a substantial increase in efficiency of service provided to the constituency. RECOMMENDATION It is recommended that the Citv Council authorize the Mayor to enter into agreement with Amplicon Leasing for the lease of the ITT system "3100." Should the Citv Council wish additional information regarding the process of selecting the proposed vendor and telephone system, please contact me at your convenience. %5' r 1 U CITY OF RANCHO CUCAMONGA STAFF REPORT December 19, 1984 TO: City Manager and City Council FROM: Robert A. Rizzo Assistant to City Manager SUBJECT: Approval of Authorization for Management Employees to Attend League of California Cities Labor Relations Institute, January 23 -24, 1985. The League of California Cities will be holding a Labor Relations Institute on issues pertaining to employee relations, the Meyers- Milias -Brown Act and labor litigation. The program appears to be very worthwhile and timely in that the majority of the management employees scheduled to attend are relatively new to the management group. This institute will allow these management employees an opportunity to gain greater depth on daily employee relations matters and an over -view of the public employee relations. This two day seminar will be held in Oakland, California. There are funds available and budgeted for this employee relations institute. Recommendation: Authorize management employees to attend the League of California Cities Labor Relations Institute. RAR:mk -7(, 0 • El CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: 12 -13 -84 TO: City Council �v FROM: Harry Emoev, Finance Dtreutor SUBJECT: Establish Interest rate on l.:ans to the R.D.A. NLv';4;6cn Attached is a resolution setting the interest rate for loans made from the City to the Redevelopment Agency. The Resolution also provides the rleNibllity or changing the rate, when collection or the interest Is be pone, all at the disr_ression or the City Council. With adoption or tnis resolution IntereSL will gegln to accrue annually on a current Llty ln2n or iG, bbb,bbb to the R.D.H. this will produce eacn year a liaoiiity or the O.U.H. to the City of $180,l4lpb In interest. C ;.1rr P.ntIv the K.U.A. has no available increment with which to make interest payments to the Llty. t,nould LnunCIL de- sire, It may deter the interest requirernents until the beginning of the new fiscal year. Recommendation: f1) Adoot resolution and have Interest accrue beginning with the new fiscal year so that It may be budgeted properly In the R.U.A. and the Llty•s nubgets. '7 7 !z RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING INTEREST RATE(S) ON LOANS TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY WHEREAS, the City Council from time to time desires to Loan funds to the Rancho Cucamonga Redevelopment Agency so it must set an appropriate interest rate for use of those funds; and WHEREAS, the City Council did adopt Resolution 158A wbicb replaces Resolution No. 158. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That an annual interest rate of nine percent (9S) is hereby established on loans to the Rancho Cucamonga Redevelopment Agency. SECTION 2: That said interest rates may be changed by the City Council from time to time, but not to exceed that rate set by Government Code. SECTION 3: Said interest shall be due and payable by the Rancho Cucamonga Redevelopment Agency within twelve (12) months upon demand by the City Council. SECTION 4: Demand shall be based on information provided by City and Agency staff and at the discretion of the City Council. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. Jon D. Mikels, Mayor AYES: NOES: ABSENT: ATTEST; Beverly A. Authelet, City Clerk Jon D. Mikels, Mayor ward of ?uprrlli'OTS - (fountn of 'm:ut irrnnrdinn Vollcrt (6). (Toinnsrud SUPERVISOR FOURTH DISTRICT ,1$(arbn A. Groantra >Dln 11STP ni I I$Si ST 4Vi November 30, 19P,4 The Honorable Jon D. Mikela Mayor of City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730 Dear Mayor Mikels; On August 22. 1984, a meeting was held in my Chino office as a result of several west end city representatives declaring the need for supporting • the retention of Prado Tiro, the former Olympic. Shooting Site, ibis letter is a follow -up to that meeting. Since August, individuals from a large cross section of cities in San Bernardino County have privately urged the County of San Bernardino to insure that the 1984 Olympic Shooting Site not only remain permanent but be expanded in order to accommodate wide regional public use in addition to national and international tournament activity. In fact, many people who represent city government, particularly from west-end cities, have asked how they might help the County support this effort. There is now an excellent opportunity for those who wish to aid in this substantial undertaking to provide a unique degree of support, without requiring any direct cash outlay, by supporting San Bernardino County's application for a Regional Competitive State Grant, San Bernardino County has hired a professional engineer to identify an initial Conversion Plan for Prado Tiro of $1.2 million. The County is seeking $600,000 from the State and a like amount from a federal program known as the Pittman- Robertson Act for wildlife enhancement and hunter safety programs. In addition, it is estimated that an additional expansion program for additional ranges, supporting utility systems, and amenities could run another $1.0 to $1.5 million. This latter amount is being raised among the shooting community with the help of celebrities like Robert Petersen, Is Robert Stack, and others. l 1 County Owe. Bwldnn , t )5 Well 51h Seem San aerondino CA 97415 17141 383 2 713 THE HONORABLE MAYOR November 30, 1984 • Page Two At this time, I would like to suggest that your Council consider and pass a resolution of support for San Bernardino County Regional Parks Depart- ment's application for the initial $600,000 to commence the conversion program at this site to a permanent shooting park for sports enthusiasts throughout the entire Southern California area. Such resolution of support should be directed to the Director of Parks and Recreation with copies forwarded to your state legislators and Gary D. Patton, Director of the County's Regional Parks Department. Parks and Recreation's address is as follows: William Briner Director of Parks and Recreation State of California P. 0. Box 2390 Sacramento, CA 95811 Your immediate attention to this matter is important and is fully appreciated by the County of San Bernardino and the Friends of Prado Tiro. Cordially, • r ROBERT 0. TOWNSEND, Supervisor Fourth District _.., City Manager Park S Recreation Directors • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING SAN BERNARDINO COUNTY REGIONAL PARRS DEPARTMENT'S APPLICATION FOR REGIONAL COMPETITIVE STATE GRANT FUNDS FOR PRADO TIRO, THE PRADO REGIONAL PARR INTERNATIONAL SHOOTING FACILITY WHEREAS, the Los Angeles Olympic Organising Committee has donated the Olympic Shooting Site, constructed for the 1984 Olympic Games, to the people of the County of San Bernardino; and WHEREAS, continued operation of this shooting range (known as Prado Tiro) will greatly enhance recreation opportunities for the people of Southern California and the entire United States; and WHEREAS, the people of the State of California have enacted a Bond Act Program, which provides funds to the State of California and its political subdivisions for developing facilities for public recreation purposes; and WHEREAS, the San Bernardino County Regional Parks Department has submitted an application for Regional Competitive State Grant Assistance to • supplement conversion of Prado Tiro to a permanent public facility. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, California, wholely supports San Bernardino County in its application for Regional Competitive Bond Act Funds, and strongly urges the California Department of Parks and Recreation give a high priority rating to this project that will provide a shooting facility of national and international caliber to the people of the State of California and the entire United States. • PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. Moard of Suprruisors (Coutdo of aan idrnlardino November 27, 1984 Eohrrt (1). Totonsrud SUPERVISOR FOURTH DISTRICT Honorable Jon D, Mikels :Mayor, City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Dear Jon: Enclosed is a certified copy of San Bernardino County Board of Supervisors Resolution No. 84 -430 strongly endorsing the establishment of a Foreign Trade Zone site in Ontario, California. Support from the City of Rancho Cucamonga would be helpful, and it would • be appreciated if your City Council would forward a resolution to The Honorable Malcolm Baldridge, C airrmn, Foreign Trade Zones Board, U. S. Department of Commerce Building, 14th and Pennsylvania Avenues, .Sbrthwest, Woshington, 0. C. 20230, with copies to President Reagan, Senators Wilson and Cranston, and Representatives Lewis, Brown, and Dreier. Sincerely yours, ..ter —: ✓ ROBMT O. 7CWNSEND Supervisor, Fourth District Enclosure 9 San Bernardino County Canter • 385 North Arrowhead Avdnua • San Barnardmo. CA 92415.0110 • 014) 383.2713 I1 • RESOLUTION NO. J 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENDORSING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE SITE IN THE CITY OF ONTARIO WHEREAS, the United States Department of Commerce Foreign Trade Zone Board is considering an application to establish a Foreign Trade Zone site in the City of Ontario, County of San Bernardino, California; and WHEREAS, this proposal represents an expansion of the operation of Foreign Trade Zone No. 50, approved by Foreign Trade Zone Board Order No. 147 on September 28, 1979; and WHEREAS, this expansion represents a cooperation indicated by the joint effort between the Port of Long Beach and the City of Ontario; which cooperation is to be commended and encouraged; and WHEREAS, the City of Ontario has developed an impressive level of public and private sector cooperation intended to facilitate business expansion and job growth throughout the area; and • WHEREAS, the establishment of a Foreign Trade Zone site, with its ability to further expand the tax base and create additional job opportunities, will serve to accomplish President Ronald Reagan's goal. NON, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga strongly endorses the establishment of a Foreign Trade Zone site in Ontario. BE IT FURTHER RESOLVED that copies of this Resolution be sent to President Ronald Reagan, Senator Alan Cranston, Senator Pete Wilson, Congressman Jerry Lewis, Congressman George Brown and Congressman David Dreier. ATTEST: • PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: A. Authelet, City Clerk 2 3 Jon D. Mikels, Mayor • 9 rrmv nV a e Vrun rT Tr e nanrTr_ e STAFF REPORT DATE: December 19, 1984 TO: Mayor and Members of the City Council FROM: Lauren Wasserman, City Manager /^ 7 SUBJECT: TRANSFER OF 1984 PRIVATE ACTIVI F4 BOND ALLOCATION z F' 6� BACKGROUND: On July 18, 1984, the Tax Reform Act of 1984 was enacted which imposed a state ceiling on the issuance of "Private Activity Bonds ". ier On July 1984, the Governor issued a Proclamation implementing a state- wide annual allocation system to each city based on its estimated population. The City of Rancho Cucamonga has determined that its 1984 Private Activity Bond Allocation is $3,203,000. Under the new law, if a local Agency does not use its allocation by December 31 of that particular year, that amount of allocation will be lost. ANALYSIS: The new law provides that any unused allocations of the Private Activity Bond limit may be carried forward to the following year. This unused allocation, however, must be irrevocably committed to a specific project. The law also provides that any unused allocation may be "transferred" to another Agency. Unfortunately, the City of Rancho Cucamonga does not have an approved project that qualifies for and /or requires the use of such bond financing. Therefore, it was initially anticipated that the 1984 allocation may be transferred to another local Agency or lost as of December 31, 1984. City staff has received a letter from the Redevelopment Agency of the City of West Covina requesting that consideration be given by the City of Rancho Cucamonga to assign its 1984 Private Activity Bond Allocation to the Redevelopment Agency. Consistent with action taken by other municipalities relative to the transferring of Allocation, staff is prepared to recommend approval of a transfer of Allocation to the Redevelopment Agency of the City of West Covina in the total amount of $3,203,000. In return, the City of West Covina has agreed to provide the City of Rancho Cucamonga with a first right to receive any unused 1985 allocation up to $3,203,000. Counsel for the City of West Covina has prepared the appropriate resolution implementing said transfer. tQ CITY COUNCIL STAFF REPORT Transfer of 1984 Private Activity Bond Allocation • December 19, 1984 Page 2 RECOMMENDATION It is recommended that the City Council approve a transfer of 1984 Private Activity Bond Allocation to the Redevelopment Agency by adoption of the attached Resolution. Respectfully submitted: Lauren Wasserman City Manager LW:ns Attachment: Resolution v ' • 146 W. GARVEY AVE. P.O. BOX 1440 91793 AREA CODE 616 962 -6631 V ekIffmiz- December 12, 1984 Mr. Lauren Wasserman, City Manager City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Lauren: I am pleased to know that you will be taking our request for transfer of allocation to your City Council on December 19, 1984. This will confirm our understanding that the City of West Covina will grant the City of Rancho Cucamonga any unused Private • Activity Bond Allocation of the City for calendar year 1985, up to $3,203,000, to the extent that as of October 1, 1985, (1) the City has not previously used its 1985 allocation; and (2) the City Manager certifies in writing that the City has no intention of using its 1985 allocation for projects to be financed by the end of 1985. If it becomes apparent to us after October 1 that any 1985 allocation which we have elected to retain will not, in fact, be used for projects by the end of 1985, we will notify you at once and make such unused allocation available to you. As you know, the actual transfer of allocation is subject to City Council action. We sincerely appreciate your assistance and support in this matter and wish to thank you for the cooperation extended to us by the City of Rancho Cucamonga. Sincerely, 14 Herman R. Fast City Manager HRF /AC /bh • 14 WARVEY AVE. P.0 BOX 1440 91793 AREA CODE 618 962 -6631 l,ilGG4� • December 4, 1984 City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: Lauren Wasserman, City Manager Gentlemen: RE: IOB allocation transfer request The City of West Covina Redevelopment Agency has approved a proposal for the development of a major real estate project in our community. The importance of this project to this City is exemplified by our decision to assist the project with tax - exempt financing, if possible. Due to the size • of the development's financing requirement, we are not able to accommodate the financing need from our limited 1984 State - controlled tax - exempt debt allocation. We, in fact, need an additional Three Million Two Hundred Three Thousand Dollars ($3,203,000) of allocation in order to proceed. Therefore, this letter is intended as a request to your City to consider assigning ycue 1984_private activity..bond allocation, in the total amount of Three Million Two Hundred Three Thousand Dollars ($3,203,000) to Redevelopment. Agencv of the Cf�-gf Wait Covina as provided for in the GOVernOr's_Pr clamdtl0n dated July 19, 1984. This request in no way applies to any future year's allocation which your City will receive pursuant to the Uniform Tax .Act of 1984. Obviously, time is of the essence and we must act quickly or all 1984 private activity bond allocations will expire on December 31, 1984. It would be appreciated if you would refer this request to your City Council at the earliest possible date along with the enclosed resolution which accomplishes the transfer. It is our understanding that some form of "application" or "processing" fee has been suggested by your staff. It is our intention not to be assessed any fees whatsoever. My staff is available to prepare appropriate staff reports and notification letters. In addition, our Bond Counsel have prepared the appropriate City Council Resolution which accomplishes the transfer. • ,' -7 City of Rancho Cucamonga November 27, 1984 Page Two If I can be of further informational assistance, please call me. Thank you for your assistance in this important matter. Very truly yours, Herman R. Fast City Manager HRF /AC /bh Enc. `J 9 • RESOLUTION NO. y'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TRANSFERRING 1984 PRIVATE ACTIVITY BOND LIMIT TO THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA WHEREAS, pursuant to Section 103(x) of the Internal Revenue Code of 1984, as amended, there are authorized to be issued within the State of California in any calendar year an amount of Private Activity Bonds (as defined in said Section 103(n) not exceeding in aggregate principal amount the statewide limit determined as set forth in said Section 103(n); and WHEREAS, the Governor of the State of California on July 19, 1984, issued a Proclamation (the 'Proclamation ") implementing the provisions of said Section 103(n), pursuant to which a portion of said statewide limit is allocated to each city based on the estimated population of auch city; and WHEREAS, the City has determined that the portion of said statewide limit allocated to the City for the current calendar year is $3,203,000 (the "1984 Private Activity Bond Limit "); and • WHEREAS, the Proclamation permits the City to assign to another local agency all or a portion of its 1984 Private Activity Bond Limit by resolution adopted by the City Council, and the Redevelopment Agency of the City of West Covina has requested the City to assign to it the amount of $3,203,000. n L� NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, as follows: SECTION 1: Transfer of Private Activity Bond Limit. The amount of $3,203,000, representing all of the City's 1984 Private Activity Bond Limit, is hereby transferred to the Redevelopment Agency of the City of West Covina. Such Transfer shall be irrevocable upon the adoption of this resolution. SECTION 2: Official action. The City Clerk is hereby authorized and directed to notify the California Debt Limit Allocation Committee (the "Committee ") established by the Proclamation of the assignment made pursuant to Section 1 within fifteen (15) days of the adoption of this resolution. SECTION 3: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. 19G • 9 va♦ a va 5� G O% MEMORANDUM' , `I I;! 1977 DATE: December 19, 1984 TO: Mayor and Members of City Council FROM: Karen Paul, Deputy City Clerk SUBJECT: DESTRUCTION OF CITY DOCUMENTS Attached for City Council's consideration and approval is a resolution which authorizes destruction of certain city records. RECOMMENDATION: It is recommended that Council approve the resolution granting authorization to destroy administration records which are two years old or more listed in Exhibit A. kep Attachment P? INSTRUCTIONS FOR RECORDS INVENTORY WORKSHEET • DEPARTMENT FILE CAB. N0. DRAWER NO. LOCATION SHELF CASE N0. SHELF NO. PACE NO. OTHER PREPARED BT /DATE VOLMME (CU.FT.) INCLUSIVE. DATES SERIES TITLE(S) L DESCRIPTION OF CONTENT'S RE"ARKS: FILE NO. TITLE /SUBJECT DATES 0203 -06 City Manager's Weekly Reports 12 -80 to 12 -82 0206 -03 Annual Reports 1978 -1980 0301 -01 Speeches 1980 0301 -03 Employee Memos 1979 0401 -05 Business License Correspondence 03 -81 to 12 -82 0401 -15 Insurance, General 12 -79 to 12 -82 0401 -15 Insurance Task Force 09-78 to 12 -78 0402 -05 Grant Files Community Development Block Grant 1979 to 1982 Planning Commission, Advisory Commission 1978 -1982 Planning Assistant Grant 1979 Traffic Safety Enforcement Grant 1979 -1980 0406 -02 Auditor's Reports 1978 -1982 0409 -04 Alcohol Beverage Applications 01 -80 to 01 -82 0701 -01 Advisory Commission Correspondence 01 -78 to 12 -81 0701 -01 BEST Committee 04 -80 to 08-80 0701 -01 Citizen's Applications, Park Committee, 0701 -01 Coalition for Adequate School Rousing 01 -80 to 07 -80 0701 -01 Fact Finding Committee 12 -78 to 02 -79 0701 -01 School Task Farce Committee Papers 01 -78 to 12 -78 0701 -03 Financial Task Force Correspondence 06 -80 to 01 -81 0701 -11 Council Correspondence 11 -80 to 12 -82 0701 -11 Council Correspondence 07 -82 to 12 -82 0701 -16 Legislative Bulletins /League of CA Cities 01 -80 to 12 -82 0701 -16 Legislative Correspondence 01 -82 to 12 -82 1150 -01 Animal Control 01 -80 to 12 -82 APPROVED FOR DPR7RUCTION BY DISPOSITION' OF RECORDS: I Y TORT EY -- i7 • RESOLUTION NO. r ` " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: ADMINISTRATION DEPARTMENT WHEREAS, it ham been determined that destruction of the above — mentioned materials is necessary to conserve storage space, and reduce staff time, expense, and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City record, and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; • and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES RESOLVE AS FOLLOWS: SECTION 1: That approval and authorization is hereby given to destroy those records described ea Exhibit "A" attached hereto and made a part hereof. SECTION 2: That the City Clerk is authorized to allow examination by and donation to the Department of Special Collections of the University Research Library, University of California, or other historical society designated by the City Council, any of the records described in Exhibit "A" attached hereto and made a part thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. F- 1 L J DESTRUCTION OF RECORDS • FILE NO. TITLR/SUBJECT DATES 0203 -06 City Manager's Weekly Reports 12 -80 to 12 -82 0206 -03 Annual Reports 1978 -1980 0301 -01 Speeches 1980 0301 -03 Employee Memos 1979 0401 -05 Business License Correspondence 03 -81 to 12 -82 0401 -15 Insurance, General 12 -79 to 12 -82 0401 -15 Insurance Task Force 09-78 to 12 -78 0402 -05 Grant Files Community Development Block Grant 1979 to 1982 Planning Commission, Advisory Commission 1978 -1982 Planning Assistant Grant 1979 Traffic Safety Enforcement Grant 1979 -1980 0406 -02 Auditor's Reports 1978 -1982 0409 -04 Alcohol Beverage Applications 01 -80 to 01 -82 0701 -01 Advisory Commission Correspondence 01 -78 to 12 -81 0701 -01 BEST Committee 04-80 to 08-80 0701-01 Citizen's Applications, Park Committee, 0701 -01 Coalition for Adequate School Rousing 01 -80 to 07 -80 0701 -01 Fact Finding Committee 12 -78 to 02 -79 0701 -01 0701 -03 School Task Force Committee Papers Financial Task Force Correspondence 01 -78 06 -80 to to 12 -78 01 -81 • 0701 -11 Council Correspondence 11 -80 to 12 -82 0701 -11 Council Correspondence 07 -81 to 12 -82 0701 -16 Legislative Bulletins /League of CA Cities 01 -80 to 12 -82 0701 -16 Legislative Correspondence 01 -82 to 12 -82 1150 -01 Animal Control 01 -80 to 12 -82 1160 -01 Foothill Freeway File 01 -78 to 08-82 1170 -04 Refuse File 12 -80 to 12 -81 1170 -06 Sewer File 12 -77 to 12 -81 1170 -08 Storm Drain /Flood Control 01 -78 to 12 -82 1180 -02 Chamber of Commerce 05 -81 to 12 -82 1180 -10 Public Inquiry /Complaints 10 -80 to 06 -82 1200 -00 Utilities 01 -78 to 12 -82 1206 -00 Transportation, General 11 -79 to 12 -82 1206 -02 Dial -a -Ride 01 -80 to 12 -81 1106 -03 Omnitrans 01 -80 to 12 -82 1301 -07 Crime Reports 01 -81 to 12 -82 1301 -09 Public Safety (Sheriff's Reports) 12 -80 to 12 -82 1302 -09 Fireworks 03 -79 to 12 -81 1401 -01 Parades /Pageants 12 -81 1403 -04 Energy Conservation 03 -79 to 12 -79 1501 -01.01 City Manager's Correspondence 05 -80 to 12 -82 1503 -03 SANRAG 07 -80 to 12 -82 1503 -03 SCAG 02 -79 to 06 -82 F- 1 L J • 1160 -01 Foothill Freeway File 01 -78 to 08-82 1170 -04 Refuse File 12 -80 to 12 -81 1170 -06 Sewer File 12 -77 to 12 -81 1170-08 Storm Drain /Flood Control 01 -78 to 12 -82 1180 -01 Chamber of Commerce 05-81 to 12 -82 1180 -10 Public Inquiry /Complaints 10 -80 to 06 -82 1200 -00 Utilities 01 -78 to 12 -82 1206 -00 Transportation, General 11 -79 to 12 -82 1106 -02 Dial -a -Ride 01 -80 to 12 -81 1206 -03 Omnitrans 01 -80 to 12 -82 1301 -07 Crime Reports 01 -81 to 12 -82 1301 -09 Public Safety (Sheriff's Reports) 12 -80 to 12 -82 1302 -09 Fireworks 03 -79 to 12 -81 1401 -01 Parades /Pageants 12 -81 1403 -04 Energy Conservation 03 -79 to 12 -79 1501 -01.01 City Manager's Correspondence 05 -80 to 12 -82 1503 -03 SARBAG 07 -80 to 12 -82 1503 -03 SCAG 02 -79 to 06 -82 • :.y 0 • is C --_ ". STAFF REPORT IF, DATE: December 19, 1984 T0: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner SUBJECT: REVISED FISCAL YEAR 1984 -85 HOUSING ASSISTANCE PLAN On October 11, 1984, Council approved the 1984 -85 Housing Assistance Plan, which was prepared in accordance with federal requirements for Community Development Block Grant recipients. The Housing Assistance Plan lists the programs or projects which will assist in meeting the housing needs of lower income residents. In Rancho Cucamonga, these programs include the Block Grant Rehabilitation Loan and Grant programs, the Block Grant Emergency Repair Grant Program, the Multi- Family Revenue Bond Program for rental units, and the Mortgage Revenue Bond program for first time home buyers. In November, the U.S. Department of Housing and Urban Development reviewed the 1984 -85 Housing Assistance Plan and requested several adjustments to the HAP to more accurately reflect the increasing accomplishments of the Block Grant program in housing assistance. The revised HAP must be filed with HUD by December 31, 1984, RECOMMENDATION: It is recommended that the City Council approve the revised 1984-85 Housing Assistance Plan and direct Staff to submit the Housing Assistance Plan to the U.S. Department of Housing and Urban Development prior to December 31, 1984. Respeltfully submi.t.ed, Rick Gomez — City (•fanner RG:LW:cv Attachment - Revised 84/85 HAP INITV DEVELOPMENT BLOCK GRANT PROGRAM ENTITLEMENT PROGRAM HOUSING ASSISTANCE PLAN OUR No. 2SGBGOS. wwME nr co..MNNIT. 6 y g�_.l ::i•'_I c.1I _fin 6_ 0 5 5 a. •.nrVV Va warL�LwpILIi, N INCnEMENTAt EAR Oi IR HUD APPROVAL � SUBMISSION V PROM: 10/1/84 TD- I011 /9'• I IOnglnm I JRFVOInn I_Innvmlmrnt ;_lI C b Lira J INCORPORATION OP HAP, PgH75 1 I11, AY RFf ERt.NCE. Partz I. II mrJ Ill of pw IIpP aPl +rmed are inrorpprala0 by rclvmnce antl arc n,•; rnn!alnr•It uI Ihls UPm'd) Ith"d) vrar wbmission /Laren amend+nenE Carr u! rho unl• oar — "- _ r+ r 111. AanY. _ f - _ — PART IV . ANNUAL HOUSING ASSISTANCE COALS PR06HAM OH POOJFCi UNITS To BE ASSISTFD L0wLN INCOME HOUSEHOLDS TO BE ASSISTED (nrllUG Aunnrl Aanul Jrowmp P.o9rnm LNr, rnm oTar Nrnmr NUD Pr0 EOwrter Pio rMVEU UI vppSlNn SMALL- _ 9rrni nn_ _ Pram Srpaglnl. N' 1 LABGE Ft DEN EY i FAMILY cAMILV TOTAL Beet lou R irsisriug or wrcc:u:nr "I l ifirn" pJ'nrram y I' CDBG Rental Rehab l.nann and Iran LG Rehab. CDBG Owner RehahiliLatinn i,nans In Rrh:Ib. CDBG Sen inr Repair Prnf;r.Tnl 2 r. ' Reh:fl, `5 Rental Revenue Bond - at Toast 20t rrari,tcd to low income renters Mortgage Revenue Bonds - first -Lime home hnvors 308 i Nrw 180 1 New 0 15 0 0 i 5 t' 3 10 0 0 35 11 43 0 I 0 i 8 I 62 0 0 I i i I I T • • STAFF REPORT�cV y, Date December 19, 1984 To: City Council and City Manager Li From: Dick May r vYark Project Coordinator Subject: APPROVAL OF CATFGOPICAL FXFMPTION FOP LIONS COMMUNITY CF.NTFR ADDITION PPOJECT DECEMBER 19, 1984 CONSENT CALENDAR, ITEM X BACXGP.00MD On October 17, 1984, the City Council authorized the Director of Community Services to submit three applications to the State Department of Parks and Recreation for possible funding approval under the 1984 State Bond Act. Since that submittal, the State Parks Department has requested we provide environmental documentation for each project to insure that the projects will have no significant environmental impacts associated with each facility development. Two of the three projects have approved Negative Declarations (Beryl Park Tennis Complex and Heritage Park Development); however, the Lions Community Center addition project requires environmental approvals by the City to complete the State's requirements for receiving further funding consideration. After carefully reviewing the City and State environmental impact quidelines and requirements, it is apparent that the project, which consists of the addition of approximately 6000 square feet of multipurpose activity room space, qualifies as a categorical exemption under Section 15301, Class 1(e)(2) of the State of California Fnvironmental quality Art guidelines which are also followed by the City. Summarized, Section 15301, Class 1(e)(2) indicates that additions to existing structures are cateaorically exempt if the addition will not result in an increase of more than 10,000 square feet and: (1) provided that the project is located in an area where public services and facilities are available for the maximum development permissible in the General Plan and: (2) the area where the project is located is not environmentally sensitive. This project adheres to these requirements and according to the environmental guidelines is cateaorically exempt. As we are yet unsure of funding approval for the project our planning has not progressed beyond the conceptual stage for the project. A conceptual plan of the addition's location and a preliminary schematic of the building "footprint" are attached for additional information. RECOMMENDATION That the City Council approve the Lions Community Center Addition project as categorically exempt under Section 15301, Class 1(e)(2) of the California Fnvironmental quality Act Guidelines and instruct the Mayor to sign the attached Notice of Exemption indicating the project is categorically exempt. DM:ks NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: (Public Agency) riry of • 1400 Tenth Street, Room 121 Rancho Cucamonga, P.O. Box 807 Sacramento, CA 95814 Rancho Cucamonga, CA 91730 _ County Clerk County of San Bernardino Lions Community Center Addition Project Project Title 6 8 line Road at Lions Communit Center oject Location– Specific Proj Project Location– County 6000 sq. ft. addition to Community Center to provide additional activity gnarr for use by Ci tv residents. Description of Nature, Purpose, and Beneficiaries of Project 'it of Rancho Cucamon a bit Council Name of u uc Agency Approving jest Communi tv Services Deoa rtment. City of Rancho Cucamonga Name of Person or Agency Carrying Out Project • Exempt Status: Check One Ministerial (See. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) y– categorical Exemption. State type and section number. gangs 1why 0 proCjec� u 1 emp tCEA guidelines - R'chard Ma ver (714) 989 -1851 ext. 218 Contact Person Area Code Telephone Extension If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes _ No _ N/A Date Received for Filing Signature itle Revised 3anuary 1985 I —AW aw� NrW ADPrnM —!- is 94). Al on M. 1* • a 0 • C v^L n A linen ntrn A TrnTinA STAFF REPORTS , < s_ Date: December 14, 1984 To: City Council a d City Manager 1977 V� � From: Dick May�t lP'a�I k Ptoject Coordinator Subject: Acceptance of the Rancho Cucamonga Neiahborhood Center Expansion Project December 19,1984 Consent Calendar Item Y The Rancho Cucamonga Neighborhood Center Expansion Project (Account Numbers: 52- 21 -41, 20- 4532 -8000 and 13- 4567 -7044) has been completed to the satisfaction of the Director of Community Services. It is therefore recommended that the City Council approve the acceptance of the project, authorize final payment and direct the Community Services Director to file a Notice of Completion with the County Recorder and release the performance surety and retention and accept the 10% maintenance bond for the required one year maintenance and warranty period. It is also recommended that the City Council approve the attached Change Order No. 3 in the amount of $2,918.23 which provides for additional landscaping and door improvements to the Center. With approval of this change order the total project cost will be $427,060.23 or approximately 2.8% above the original contract cost of $414,784.00. Funds for the change order cost will be derived from the Park Development Fund. Recommendation: That the City Council accept as complete the Rancho Cucamonga Neighborhood Center Expansion Project, approve the attached Chance Order and expenditures from the Park Development Fund, and approve the attached Resolution authorizing the Director of Community Services to file a Notice of Completion and release nerformance bonds and retention and authorize final payment. DM/ js l .l • J CHANGE ORDER AIA DOCUMENT 6701 Mstnbueon to OWNER ARCHITECT DO CONTRACTOR 09 FIELD ❑ OTHER ❑ PROJECT, ADDITION TO THE RANCHO CUCAMONGA CHANCE ORDER NL'\BER 3 name add,eee NEIGHBORHOOD CENTER INITIATION DATE December 13, 1924 TO Contractor I— ARCHITECT S PROJECT NO 33- ':40.54 45 1 R 9 R General Contractors 90 Riverside Drive COVRACT FOR 3,E65 s.f. addition to a Chico, CA 91710 Co--unity Center L J CONTRACT DATE ,: e 25, 1934 1(.0 are directed t,, ^)ale the ❑dlo, m,g changes 'o this Contract. 1. Additional Lardscacing in courtyard planter 2. Three Additional trees at south elevation 3. Additional Door Pulls at lounge 4. Additional Storefront Door at Lobby `OT�L AMOL.'IT FOR CHANGE ORDER N0. 3 ADD............ S =E5.13 ADD............ 3 205.75 ADD............ 5 247.20 ADD............ 51,9:9.57 ADD............ 52,913.23 The anginal C „n ;rnct Sum ,a• .. ... ... 5 414,784.00 Net char•.eeI, pre,oudv authornred Change Order' ,,,,, ,,,,,,,,,,,, ,, ..5 9,348.00 The 5 424, 142.00 The C,.nnact SUm Fv.aartleed'.tnvn�m -trnt ,,,Il be 'Increa,ed cEvre.tmr o tTange& 2,918.23 I), ; h., Change Order .., ..,, ., .. .. 5 Theneo (n lra,lcr,m mclud.ngth;aChange Order„dlbe . 5 427,060.23 . The Gmnact T.me ., ;'I ho -m.nrd decnnmcH ^undrang,di b, f Days. The Date "I Wb,1an jai if the date M th, Change Order thereinre n December 26, 1984 Authnved W lff I n Ghri<tnnhor Arch Inc R & R General Gnntrartnrc City Of RanChg Cucamonga \RE11111fi n ")AERV.TUR U gz7s Arc nn 4590 Riv rcide� � Yoz 807 i�`�45cho lCuca In C 1730 \`I`�r��iino, CA 91710 *ancho Cucamonga, CA 91731 11rVTCLTATI— ROCUT- APR❑ 19'8 EDRIO, • min' - tP n NVt%MRR AAE 14PAOtnv Ur cr”. 6701 -1978 �J 0 RESOLUTION NO. 84- � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA HFIGHBOPHOOD CFNTFR EXPANSION PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR TOP WORK. WHFPEAS, the construction of public improvements for the Rancho Cucamonga Neighborhood Center Expansion Project (Account Numbers 52- 21 -41, 20 -4532 -8000, 13- 4567 -7044) have been completed to the satisfaction of the Director of Community Services; and WHFRFAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORF, be it resolved, that the work is hereby accepted and the Director of Community Services is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 1901 day of December, 1984. AYFS: NOES: APSFNT: ATTEST: Beverly A. Authelet, City Clerk • Jon D. Mike.ls, Mayor • n,mv nn n wrnr,n n STAFF REPORT'' °Q9. -- 19;5 DATE: December 19, 1984 TO: City Council and City Manager FROM: Lloyd S. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Intent to Annex Tract No. 12523, Tract No. 11577, Tract No. 12365 and Parcel Map 7827 to Street Lighting Maintenance District Nos. i and 2 as Annexation No. 7 and No. 5 respectively and setting the public hearing for January 16, 1985 Attached for City Council approval are resolutions setting the public hearing for annexation of the above referenced Street Lighting Maintenance Districts. The Engineer's Report for both Districts showing the number of street lights, the number of lots to be annexed into each District and the estimated amount of assessments are attached for preliminary approval. The following is a list of projects to be annexed: District No. 1 District No. 2 (arterial) (local lights) Tract 12523 Tract 12523 Tract 11577 Tract 11577 Tract 12365 Parcel Map 7827 (Parcels 2 & 3) Parcel Map 7827 (Parcel% 2 & 3) RECOMMENDATION It is recommended that City Council adopt the attached resolution setting the date of public hearing for January 16, 1985 and giving preliminary approval of the Engineer's Report. Respectfully submitted, V y /�Z41441 LBH`BK:jaa Attachments /S � Glmark Development Corporation • IVMYi�� xGV ,� „�. September 7, 1984 City of Rancho Cucamonga 9320 Baseline Road, Suite C P.O. Box 807 Rancho Cucamonga, CA 91730 Attn: Rick Gomez Re: Parcel Map 7827 Dear Mr. Gomez: This letter will advise you that Calmark Development intends to join into the landscape and lighting maintenance districts of the City of Rancho Cucamonga. • Sin e , Jim McIntire Vice President Engineering JM /le 0 2121 Cloverfield Blvd. Suits 202, P.O. Box 2128, Seata Moniu, California 90408 (210) 453.1770 /, 2 Westem Properties . „S4w"MouMdn MrWe/ P 0 sox 470 /Wbnd. Cola G 766/ 714/Oae0M71 October 22, 1984 City of Rancho Cucamonga Engineering Division 9320 -C Base Line Road Rancho Cucamonga, CA 91730 ATTENTION: Barbara Krall Re: Tract No. 12365 Intention to Join maintenance Districts Dear Barbara: This letter will evidence our intention to have Tract No. 12365 annexed into the following maintenance assessment districts: Landscape Maintenance District No. 4 (Terra Vista Planned Community) • Street Lighting Maintenance District No. 4 (Terra Vista Planned Community) Street Lighting maintenance District No. 1 (Citywide arterials) Cordially, Kay Matlock Authorized Agent Am /�I/ • Lane & Associates 902 west ninth street . upland. calif. MOO • 71{.9E1.3 &02 • U October 25, 1984 City of Rancho Cucamonga Public Works Department 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Attn: Lloyd Hubbs, City Engineer Re: Tract 11577 As land owners of Tract 11577 we hereby agree to annex to the Landscape and Street Lighting District. Very truly yours, Lane & Associates Terrance A, Lane Owner d JN: 79 -17 . civil engineers . land planners . designers . surveyors . October 25, 1964 LIGHTNER DEVELOPMENT & CONTRACTING City of Rancho Cucamonga c/o John Martin, Engin=eering 9320 C Baseline Road Rancho Cucamonga, CA 91730 Re: Tract =12523 Gentlemen We are requesting that the above Tract d 12523, located ,just east of Archibald, north side ,f Lemon Avenue, be added to the Landscape and Lighting Maintenance District. Respectfully, LIGHTNER DEVELOPMENT� GEORGE H. LIGHTNER GHL /sg cc: Jan Guerra, Civil Engineer 1288 VN.t Pooltn! Boalmn! . Suit* 6 • UpbM, ralilomb 91788 • (714) 9162817 Cont. W. NO 8229719 vrmp J06 • J • RESOLUTION NO. Ei2 19 t e` 2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, on December 19, 1984, 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 of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. • SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's • Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor / G i • CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 7 for Tract Nos, 11577, 12523, 12365 and Parcel Map 7827 SECTION 1. Authoritv for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 1. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on arterial and certain collector streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Lighting Maintenance District No. 1 • (including Annexation No. 7 comprised of 577 units and 10 9500L street lights is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate ** 500E 157 9.90 5800L 104 8.75 *Nigh Pressure Sodium Vapor Lamps Rate Mo's Total 157 X 9.90 X 12 = 18,651.60 104 X 8.75 X 12 = 10,920.00 Total Annual Maintenance Cost = 29 571.60 = 6.55 /year /unit No. of Units in District 4— 6.55 divided by 12 - .54 /mo. /unit • Assessment shall apply to each lot as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 1 ", Annexation No. 7. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's • Report. 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 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. EXHIBIT "A" . Properties and improvements to be included within Annexation No. 7 of Street Lighting Maintenance District 1: Project No. of Units Arterial Lights Tract 11577 7 S.F. 0 Tract 12523 35 S.F. 3 (9500) Tract 12365 230 Condos 7 (9500) Parcel Map 7827 305.__ Apts. 0 5 • • RESOLUTION NO. 41i— ill-ioR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC40 CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 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 and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. is SECTION 2. Location of Work: The foregoing described work is to be located within roadway right -of -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 7 to Street Lighting Maintenance District No. 1 ". SECTION 3. Description of Assessment District: That the contemplated work, in the opinion of said City Cauncil, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 7 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance ® District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be • collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice is hereby given that on January 16, at the hour of 7:30 pm in the city council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to Section 61961 of the overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of Ontar o, Ca ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: Jon 0. Mike s, Mayor ATTEST: • Beverly A. Authelet, City Clerk 1aa i� r r, J • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ccc � pot. Im ANNEXATION NO. 7 CITY OF RANCHO CUCAMONGA A title; COUNTY OF SAN BERNARDINO , ` TRACT STATE OF CALIFORNIA 1 Fyn MIIRRA CITY FNMNCFR R CF 23RB9 nCT N page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 7 CITY OF RANCHO CUCAMONGA w COUNTY OF SAN BERNARDINO / \ STATE OF CALIFORNIA T title; page 9ai•l \( na'J ' II—=4 CITY OF RANCHO CUCAMONGA w COUNTY OF SAN BERNARDINO / \ STATE OF CALIFORNIA T title; page 0 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.I ANNEXATION NO. 7 a1 � rs CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA T vase ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 7 — — ! e L a, 1i �1 I_ 0 CITY OF RANCHO CUCAMONGA VhREL MAP ._� • COUNTY OF SAN BERNARDINO '� STATE OF CALIFORNIA IM LLOYD HUBBS. CITY ENGINEER R.( v N , • RESOLUTION NO. E12 19—i'R 'a - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMS.NARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 5 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 WHEREAS, on December 19, 1984, 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 of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the • proposed district. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor ,y J • • • CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annexation No. 5 for Tract Nos. 12523, 11577 and Parcel Map 7827 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 2. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the assessments established by the district are: • The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. :% The estimated total cost for Lighting Maintenance District No. 2 • (including Annexation No. 5 comprised of 347 units and 22 street lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate ** 5800L jib ----8—.-7-5 *High Pressure Sodium Vapor * *SCE Schedule LS -1. All night service per map per month, effective January 1, 1983. Lamps Rate Mo's Total 315 X 8.75 X 12 = $3,3075.00 2. Casts per dwelling Unit: Total Annual Maintenance Cost = $3 3075 00 F7.82 /year /unit No. of Units District in 21.82 divided by 12 = 2.32 /mo. /unit Assessment shall apply to each lot as explained in Section 6. • SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2 ", Annexation No. 5. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units lot per or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. • 7�� 3. City Council adopts Resolution of Intention to annex a District and sets • public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. EXHIBIT "A" • Properties and improvements to be included within Annexation No. 5 of Street Lighting Maintenance District 2: Project No. of Units Arterial Lights Tract 12523 35 S.F. 13 Tract 11577 7 S.F. 3 Parcel Map 7827 Parcel 283 305 A t�s. 6 347 • u .J • RESOLUTION NO. E12 19 iBR si,. - ' =.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 5 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 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 and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. • SECTION 2. Location of Work: The foregoing described work is to be located within roadway right -of -way enumerated in the report of the City Engineer and more particularly described on maps .which are on file in the office of the City Clerk, entitled "Annexation No. 5 to Street Lighting Maintenance District No. 2 ". SECTION 3. Descri tion of Assessment District: That the contemplated work, in the opinion of said City Counc , is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 5 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be • collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first rcgular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice is hereby given that on January 15, 1985, at the hour of 7:30 pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to ection 61961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily Report, a newspaper of general circulation published in the City of ntario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk jaa \J ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 5 CITY OF RANCHO CUCAMONGA vnarF >w' '- COUNTY OF SAN BERNARDINO CALIFORNIA STATE OF CALIF .� N - y Im 1 1 nvn uuaae crcv ENGINEER R.C.E.238B9_ DATE ___ Page I I / / r ti C✓ J I � it CITY OF RANCHO CUCAMONGA vnarF >w' '- COUNTY OF SAN BERNARDINO CALIFORNIA STATE OF CALIF .� N - y Im 1 1 nvn uuaae crcv ENGINEER R.C.E.238B9_ DATE ___ Page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 10 ANNEXATION NO. .5 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA A LLOYD %BBS-C-lTY N -ENGINEER �RCE23i I -�- page IT, • 9 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 5 CITY OF RANCHO CUCAMONGA w �^ COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA , \ Nim LLOYD HUNS CITY ENGINEER R.C.E.23889 DATE page i — CITY OF RANCHO CUCAMONGA cu�'yoy STAFF REPORT °y DATE: 7Oecebe, 84 197, T O: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Intent to Annex Tract No. 13523, Tract No. 11572 and Parcel Map 7827 to Landscape Maintenance District No. 1 as Annexation No. 20 and setting the public hearing for January 16, 1985 The following projects are being annexed to Landscape Maintenance District No. 1: Final Approval Project Location by City Council • Tract No. 12523 Northeast corner of Nov. 7, 1984 Lemon and London Avenues Tract No. 11577 West side of Turner Ave., Nov. 7, 1984 south of Base Line Rd. Parcel Map 7827 North of Base Line Rd. and Sept. 19, 1984 west of Archibald Ave. Attached for City Council approval is a resolution declaring the City's intent to annex the above described project to Landscape Maintenance District No. 1 and setting the public hearing date for January 16, 1985. Also attached for preliminary approval is the Engineer's Report for the annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for January 16, 1985. Respectfully sulbfitted, LBH •B :jaa' Attachment � 7 o i 1 LJ 1 ke Octobar 25, 1924 LIGHTNER DEVELOPMENT & CONTRACTING City of Rancho Cucamonga c/o John Martin, Engineering 93,90 C 3aseline Road Rancho Cucamcnga, CA 91730 Re: Tract =12523 Gentlemen: we are reouesting that the above Tract 9 12523, located just east of Archibald, north side �' Le'.)n Avenue, be added t: the Landscape and Lighting Maintenance District. Resoectf,lly. LIGHT "ER H ELJ?�,IENT GEORGE H. LIGHTNER GHL /sg cc: Dan Guerra, Civil Engineer 1363 Wtlt Foothill Soul"4111 • Suds E • Upland, Cali lomu 9179E p1q 9161317 Q ' 4e. No. 8=70 `b5" —Lane & Associates 1)02 west ninth street • upland. calif. 917:6 • 714 961 5602 October 25, 1984 City of Rancho Cucamonga Public Works Department 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Attn: Lloyd Hubbs, City Engineer Re: Tract 11577 As land owners of Tract 11577 we hereby agree to annex to the Landscape and Street Lighting District. • Very truly yours, Lane & Associates r Terrance A. Lane Owner ds dN: 79 -17 • . civil engineers . land planners . designers . surveyors . 3 i calmnk 0e•elopment cow"tinn September 7, 1984 City of Rancho Cucamonga 9320 Baseline Road, Suite C P.O. Box 807 Rancho Cucamonga, CA 91730 Attn: Rick Gomez Re: Parcel Map 7827 Dear Mr. Gomez: This letter will advise you that Calmark Development intends to join into the landscape and lighting maintenance districts of the City of Rancho Cucamonga. • Sin i Jim McIntire Vice President Engineering JM /le • 2121 CloratlMM BlVd,, Suite 202, P.O. Boa 2120, Santa Monka, Califomis 90408 (2131453-1173 / ='7 . CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 20 to the Landscape Maintenance District No. 1 for Tract No. 12523, Tract No. 11577 and Parcel Map 7827 SECTION 1. Authority for Report This report Is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tract No. 12523, Tract No. 11577 and Parcel Map 7827 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed maps are shown on the Maps as roadway right -of -way or easements to be granted to the City of Rancho Cucamonga. • SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract No. 12523, Tract No. 11577 and Parcel Map 7827. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Maps and the assessment diagrams for the exact location of the la:dscaped 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 purpo "s will equal thirty (E.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No. 20 comprised of 11,136 square feet of landscaped isarea) is shown: / -7 Total Annual Maintenance Cost . $.30 X 515,873 square feet = $154,761.90 Per Lot Annual Assessment 154,761.90 divided by 3730 units $ 41.49 (yearly) Per Lot Monthly Assessment $41.49 divided by 12 $ 3.46 (monthly) 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 u Improvement for Annexation No. 20 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June, 1985 to determine the actual assessments based upon the actual costs incurred by the City during the 1982/83 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and • approves, or modifies and approves the individual assessments. . RESOLUTION NO. "'- 'n-oi!R 9y - '_ C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 20 TO LANDSCAPE MAINTENANCE DISTRICT NO. I WHEREAS, on December 19, 1984, 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 of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. i3. SECTION 4: That said report shall stand as the City Engineer's • Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor �'7 • • RESOLUTION NO. ! - ' - 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. 20 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 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 'lark: That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those 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 right -of -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. 20 to Landscape Maintenance District No. 1 ". SECTION 3. Descri tion of Assessment District: That the contemplated work, in the opinion of said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a 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. 20 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. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. 7-has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, • assessment zones, titled "Engineer's Report, Annexation No. 20 Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin : Notice is hereby given that on January­-r6,—T9-8s, -it the hour of 0 pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. • SECTION 7. Landscaping and Lightinq Act of 1912: All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to Section-61961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Report, a newspaper of general circulation published in the City of ntari0 'o, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mikels,-Iff—ayor • ever y A. Authelet, City Clerk 13 9 ASSESSMENT DIAGRAM • I LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO.20 CITY Or RANCHO CUCA,MONGA ENGINEERING DIVISION 1� T TRACT 12523 wn }ICI \IT}' NL \p 1\\I �fr ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO.20 :E1 'E A N TRACT 11577 CITY OP RANCHO CUCA,NIONGA ENGINEERING DIVISION VICINITY NIAP iyn A N TRACT 11577 ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO.20 CITY OF RANCHO cccAMONcA ENGINEERING DIVISION } VICINITY NIAP im A N MAP 7827 J' I 1 i J I CITY OF RANCHO cccAMONcA ENGINEERING DIVISION } VICINITY NIAP im A N MAP 7827 0 • E DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT December 19, 1984 Mayor and Members of the City Council Rick Gomez, City Planner c ,gCAMOo b9 Z 3 p.ti7?" Lisa A. Wininger, Assistant Planner REPROGRAMMING OF UNEMNOED FISCAL YEAR 1982 -83 AND 1983- 84 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 1977 BACKGROUND: The original cost estimate for the Neighborhood Center was 91,000. When final plans were prepared, additional features were included to make the facility more useful for a variety of senior citizen programs, raising the block grant share of the cost to $408,000. These features included expanded kitchen facilities to more efficently accommodate the senior meals program, an outside patio area, improved outside lighting and access• and other minor but necessary revisinns. On April 18, 1984, the City Council approved the revised final plans and authorized the transfer of unexpended CDBG funds from other projects to cover the extra costs. (See attached minutes.) However, since this is a substantial increase in the project budget, CDBG regulations require formal reprogramming of these funds by City Council. The revised budget (attached) and resolution of approval will be filed with H.U.D. in order to permit the City to complete transfer of the necessary funds to finalize the project. REPROGRAMMED BUDGET CONTENT: The attached budget sheet and narrative indicate that surplus funds are being transfered from the following projects to complete the Neighborhood Center Expansion: 1982/83 North Town Street Reconstruction $ 31,000 (under budget) Center Site Acquisition 14,000 (under budget) General Administration 30,000 Contingency 11,000 1983/84 General Administration 20,000 Contingency 5 000 TOTAL _5i tm iy3 CITY COUNCIL STAFF REPORT December 19, 1984 Page 02 • These funds are unobligated, unexpended project funds which were not utilized in the completion of the project for which they were allocated. This will close out all of the projects in the 1982 -83 and 1983 -84 program years with the exception of the Rehabilitation Loan Program, permitting the final paperwork on the Neighborhood Center to be completed. RECOMMENDATION: After considering any public input, it is recommended that the City Council adopt the attached Resolution authorizing the reprogramming of funds to the Neighborhood Center Expansion project and direct staff to transmit the amended budget and narrative to H.U.D. ubmitted, Rick Gomez City Planner RG:LW:cv LJ Attachments: Resolution City Council Minutes - April 18, 1984 Revised Program Budget Revised Project Summary • / ✓y • City Council Minutes April IS, 1984 Page 8 AYES: Wright, Buquat, Mikals, Gehl, Ring NOES: None ABSENT: Nona see ♦a 6. CM NANACRR'S SIM? REPORTS (26) 6A. FINAL APPROVAL Or COGB PUNNED RANCHO CUCAMONGA YETGMO"WD CEYM A.Vp AUTHORIZED TO SOLICIT CONSTBL'CTION BIDS, Staff report by 8111 Halle), Dl rector Of G...It, Services. Mayor Mikels opened the meeting for public comment. Add sees ins Couoctl were: Wilma Brenner, President of the VIP Club, expressed appreciation for the project. Bob Vttliaea, farmer President of the VIP Club, [banked Council. net. being no further public response, the meet, was closed. I MOTION: Loved by Dahl, terondad by Bnquec to approve final plans of the project, authorise advertisaseor for construction bide, and approve • budget appropriation increase of Community Develm Mont block Grant funds In the amount of S104.618 for the Neighborhood Center aapab.i.n project. Notion carried unanimowly 5 -0. (27) 65. APPROVAL OF ARROW PARR SITE PLAN, FUNDING PACRAGE AND vEOATtt^' OECiARA'•as • FOR TNIE PARII SiT•_' pEVENAPMEIIT. SratE re po r[ by Rlcnard Mayer, Parr ?lannar. City Clerk Authelat rand the cities Of Resolution No. 84 -101 and Resolution Vo. H4 -102. - RESOLUTION 10. 84 -101 A RESOLUTION OF fl. CM COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IRE APPLICATION FOR 1980 STATE CRAIT FUNDS FOR ITE ARROW PAM DEVELOPMENT PROJECT RESOLUTION 40. 84 -LO2 A RESOLUTION Of THE CITY COUNCIL OF THE Ctry OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING TINE APPLICATION FOR GRANT FUNDS UNDER ME ROBERTI- ZIBERC OMAN OPEN SPACE PROGRAM FOR THE ARROW PAM DEVELOPMENT PROJECT MOTION: Moved by Auquet, seconded by Wright to adopt Resolution ft. 84 -101 404 ualve full rudtnp Mo tioo carried unanimously 5 -0. MOTION: Rood by Dahl, seconded by %quat to adopt Resolution No. 84 -102 and waive Lull reading. Motion carried unanimously 5 -0. MOTION: Moved by Dahl, saturated by Boquet to approve • negative declaration for the project. Notion carried uesnimously 5 -0. (Councilman Ring expressed that he Would rather see this ex an active park instead of A passive park). mamas REVISED PROGRAM :-XEI • CITY OF RANCHO cuck NCA 8- 82 -MC-06 -0556 AND B-83a C-06-0556 CDBO - FY 1982/83 (Figures Pounded Off to Nearest $1,000) PROGRAM W10IISr EXPENDED 10 DATE INF]0 MM STATLIS FhN0S REPRWRA* ED 82 -1 North Town $120,000 $ 89,000 $ 31,000 Caq,lete $31,000 to Neighborhood Street Reconstruction Center FY 83/84 82 -2 Neighborhood Center $ 81,000 $ 67,000 $ 14,000 Complete $14,000 to Neighborhood Site Acquisition $ 65,000 $ 7,000 $ 58,000 Ongoing Center FY 83/84 82 -3 Rehab $ 87,000 $ 20,000 $ 67,000 Ongoing -0- 82-4 Cenral $ 61,000 $ 31,000 $ 30,000 Ongoing $30,000 to Neighborhood Adninistration Center FY 83/84 82 -5 Contingency $ 11,000 $ -0- $ 11,000 Ongoing $11,000 to Neighborhood Center FY 83/84 Tf7CAL $360,000 $207,000 $153,000 N/A $86,000 to Neighborhood Canter FY 83/84 CDBO - FY 1983184 (Figures Rounded Off to Nearest $1,000) PROGMM W1DGEr EXPENDED TD WE LNF7�6`7DED 3TA1lS FU706 REPPDLTtPasMED 83 -1 Neighborhood Center $297,0001 $150,000 $147,0002 Complete 4 Expansion 82 -3 Rehab $ 70,0003 $ 42,000 $ 28,000 Ongoing -4b- 83-4 Cenral Adnin. $ 65,000 $ 7,000 $ 58,000 Ongoing $20,000 to Neighborhood Center FY 83/84 83-4 Contingency $ 5,000 $ 4 $ 5,000 N/A $ 5,000 to Neighborhood Center FY 83/84 TOTAL $437,000 $199,000 $238,000 $25,000 to Neighborhood Center Footnotes: 1$408,000 actual revised budget includes: $297,000 from F! 83/84 plus $86,000 programmed for FY 82/83 and $25,000 reprogrammed for FY 83/84. 2Conmtruction of Neighborhood Center Expansion scheduled for conpletion by Decenber 31, 1984. 3Additional $67,000 unexpended available from FY 8/83. • • I.nw A)D•n..0 Y.{ OIIRRtYlNl 01 NOVlIXO No VR(.n IR V)LOIY(NT \ nY I.1.111, ...I ANnu.l eoYYUnn• OAn41OAAH.1 r.OURAFF Cite of Rancho Cucamonga ). AIILIC.T-06-05 NVU)!R B- 83 -MC -06 -0556 rpOJECT wiLwARr ). /FRIOOO! AHLICA01LITv A O On101M1.L /MAYYI M 11SV,9On.DAT[0 December, 1984 FRDY TO July 1, 1983 June 30, 1984 ❑ RYI NO YlNT, 0.1[O I. N. Y[ 0. 11101ECT E. PROJECT HUMMER ). lHvu..NYSNTAL RIV,In STATUS Neighborhood Center Expansion 1 83 -1 Review Complete ) [HTn• WITH MOrOMYwTT FOR CAnR•mO OUT THE IROrtcT IIT.LOnOH[....fn Cite of Rancho Cucamonga (714) 989 -1851 \0. DlaCR11T10N O11R0lE CT This proposed project constitutes an expansion of the existing Neighborhood Center by expanding onto an adjacent .7 acre parcel of land in order to provide additional meeting rooms, lavatories, improve existing kitchen facilities and construct additional parking, The Neighborhood Center currently hosts a variety of davtime and night time activities for youth and adult clubs, civic meetings, organization meetings, and serves as a staging area for the delivery of human services. The expanded facility would continue this general range of acpivities but would, during daytime hours, serve primarily as a Senior Citizens Center, providing expanded facility access to the City's rowing senior citizen population. QtA i /CMnIW10 On addlnOMl MPn) ATO SltiR. \\. C(HSUSiR.ev, ......... YHHF DYTRICT151 Census Tract 21 Block Croup 3 y .Hncoum.ccOMIUaHMann The project will expand and improve the quantity and quality of community services, principally for low and moderate income people, help to reduce the isolation of various income groups in the City, especially senior citizens, and provide needed community facilities. ❑ G(OE fI caanauwf On Eddlnonof OIP/lI aM {rnrn. ,) <..a CIEW.H1N1 .1Trv,1n5 MOORAY YF AR iUNOi /.n ManMMl clh COT OTHER (lme.mMmFnr arl/am mMnnnN NATTmI�/ row Low /Y00 OTHER IOVRC< HASH A, c=rsvYYARG 1A- YUPNIEI.I ((N!!IT {I Nf FIT AYOUHT IFI hl kl M fM Neighborhood Center Expansion S 297 f f 1983/84 CDBG 31 Reprogram from 82 -1 14 Reprogram from 82 -2 30 Reprogram from 82 -4 11 (Reprogram from 82 -5 20 Reprogram from 83 -3 5 Reprogram from 83 -4 1E TMO1S f 408 f f : 'P�,b';: !'•PA; 15. TcI* Cap TO be raid With CDmmUa,N 0"opnfni 61cock Gnnr f unO ISP\I D/ CalumM 0 End el { 408 MNFCw F Wm NUD An.l. IR.M M Loran ryp 1 of I pop. • RESOLUTION N0.- 4&+9 -o"an i` - -` -? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REPROGRAMMING FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1982/83 AND 1983/84 WHEREAS, following a public hearing, the City Council has authorized Block Grant Program funding for Fiscal Years 1982/83 and 1983/84 in the amount of 5797,000; and WHEREAS, at the end of Fiscal Year 1983/84, $111,000 of those Block Grant funds are unexpended and unobligated, and WHEREAS, the cost of the Neighborhood Center Expansion project is in excess of its 1983/84 allocation, due to additional project features and design alterations; and WHEREAS, the City of Rancho Cucamonga is committed to completion of the Neighborhood Center Expansion project through the Block Grant Program. • NOW, THEREFORE, BE IT RESOLVED, that the City of Rancho Cucamonga does hereby reprogram the unexpended, unobligated funds in the amount of $111,000 to the Neighborhood Center Expansion project, resulting in the reprogramming of all unexpended unobligated Block Grant funds for Fiscal Years 1982/83 and 1983/84. PASSED, APPROVED, and ADOPTED this 19th day of DECEMBER, 1984. AYES: NOES: ABSENT: ATTEST: • Beverly A. Authelet, ity er /yf' Jon 0. M kels, Mayor • J 9 ntmv na n n w!rrvn rT -n a nrnw.n e STAFF REPORT DATE: December 19, 1984 TO: City Council 1: City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer L� 19% SOBJE CT: Adoption and Certification of the Environmental Impact Report for the Alta Loma Drainage System As directed, a complete EIR on the proposed project was prepared. This report has been available for review by the public and all reviewing agencies. The 45 -day review period expired on November 19, 1984. All comments received, have been responded to and are included in the final EIR. No responses have been received which find fault with this EIR or with the project as proposed. Copies of this report have been distributed for your detailed review. The proposed project is presented in the report and is summarized as follows: 1. Improving and upgrading the present earth and rubble channel to a concrete -lined and fenced channel. 2. Construction of culverts and widened road crossings at Wilson Avenue and Hillside Avenue to eliminate substandard conditions there. 3. Construction of an Equalizer Culvert between the east and west Alta Loma Basins to permit detention and partial diversion of storm flows away from Hermosa Avenue and to the Haven Avenue line. Only the channel construction will be financed through Assessment District 84- 2. The proposed project will not satisfy all of the drainage needs of the system at this time. As development of tributary properties occurs, the developers will be required to install their own laterals as well as their share of basin excavation to offset the proportional increase in runoff. RECOMMENDATION We have reviewed this project in detail and find that, as proposed, this project is necessary and appropriate. We therefore recommend that the City Council adopt the attached resolution which will: STAFF REPORT EIR Alta Loma Drainage System December 19, 1984 Page 2 1. Certify the final EIR with the appropriate findings. 2. Direct staff to file a Notice of Determination with the State of California and with San Bernardino County. 3. Direct staff to proceed with completion of the final drawings and specifications for this project. 4. Direct staff to proceed toward development of Assessment District No. 84 -2. Respectfully spbmitted, �LBH� K G�� Attachments /So • E u • RESOLUTION NO. Ekh- tR �"!' —' -�'-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED ALTA LOMA DRAINAGE SYSTEM AND DIRECTING THE STAFF TO PROCEED WHEREAS, the City of Rancho Cucamonga has experienced significant physical and economic costs resulting from flooding within the Alta Loma Drainage System; and WHEREAS, the City Council has directed that flood control systems be studied and designed to mitigate these physical and economic costs in the future; and WHEREAS, the Initial Study of said improvements to the Alta Loma Drainage System required the preparation of an Environmental Impact Report; and WHEREAS, a separate, complete, Environmental Impact Report was prepared for each of three alternative systems each fully in accordance with the state EIR guidelines; and WHEREAS, the proposed project is found to be the best alternative to • satisfy public needs; and WHEREAS, the City Council has reviewed this Environmental Impact Report; and WHEREAS, public review of the EIR on the proposed project has occurred, all written comments received were responded to, and a noticed public hearing was held on December 19, 1984 at the Lion's Park Community Center, 9161 Base Line Road in Rancho Cucamonga to receive final written and oral comments from the public on this EIR, and all comments received were adequately responded to; and WHEREAS, the EIR finds that the proposed project will not create significant impacts to the environment, and those impacts which are noted have been adequately mitigated by this project design; and WHEREAS, the proposed project is a needed public improvement necessary to protect the health, safety, and welfare of the residents of the City of Rancho Cucamonga, which need is so great as to override all impacts noted in the EIR; and WHEREAS, some components of the proposed project, such as Assessment District No. 84 -2 are found to be ministerial in nature requiring no further environmental analysis. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby: 1. Approve and certify the Environmental Impact Report on the Alta • Loma Drainage System based in part upon the findings made above. 2. Direct the staff to proceed with completion of the final plans and specifications for this project. 3. Direct the staff to proceed toward development of Assessment District No. 84 -2. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor • • 0 CITY OF RANCHO CUCAMONGA MEMORANDUM December 14, 1984 TO: City Manager and City Council FROM: Mark Lorimer, Administrative Analyst SUBJECT: MOBILE HOME PARK ACCORD - ORDINANCE NO. 245 At its meeting of December 19, 1984, the City Council will consider entering into agreement with all eight of the mobile home park owners by way of the Mobile Home Park Accord. In addition, the Council will also consider second reading of Ordinance No. 245, which allows for a maximum allowable rent adjustment within mobile home parks. In considering these two items, staff has provided the attached memorandum dated December 13, 1984 which outlines the basic provisions of the proposed contract. Should the Council wish to pursue the Mobile Home Park Accord, it will be necessary not to continue second reading of Ordinance No. 245, but rather to "table" consideration of the ordinance until sometime when it may be necessary. RECOMMENDATION It is recommended that the City Council table consideration of Ordinance No. 245 and direct staff to prepare a resolution authorizing the Mayor to enter into the Mobile Home Park Accord on behalf of the City Council. /ML /S 3 A 0 49 (l ' G"7 MEMORANDUM , } December 13, 1984 1977 TO: City Manager and City Council 1 FROM: Mark Lorimer, Administrative Analyst }�2l • -�� SUBJECT: MOBILE HOME PARK MATTERS Since last Council action on the issue of rent stablization within mobile home parks, an alternative resolution to the proposed ordinance has been presented -- that being the Mobile Home Park Accord. Within the past week, staff and members of the City Council have met with park owners and resident representatives in an attempt to gain mutual agreement of the City /Owner rent adjustment contract. To date, satis- faction among both parties has not been expressed. In consideration of the proposed Park Accord, the City Council may wish to acknowledge the following factors: Validity of Contract - contrary to the City Attorney's initial position, it now appears as if the contract would be found defensible as to its validity. In preparing the contract, the City Attorney has included language of "consideration of enter- ing into the agreement" which is essential in declaring the contract valid. The City's consideration is such that the Council would agree not to enact a rent control ordinance during the term of the contract. The owner's consideration is such that he would agree to abide by the provisions of the contract. Applicability - As in ordinance no. 245, the contract would apply to all mobile home spaces, would not apply to spaces covered under leases, and would not prohibit an owner and resident from entering into a lease during the term of the contract. Further, the contract provides that all residents currently under leases may terminate such lease should they choose, at which time they would be protected by the provisions of the contract. Rent Adjustment - As in ordinance no. 245, the contract would restrict any increase to once per 365 days and would require the same 60 day notice of rent adjustment. Mobile home Park Matters Page 2 The proposed ordinance and contract differ, however, with respect to determining the maximum allowable adjustment. The ordinance would provide for an increase of 100% of the average of the CPI plus any additional "pass- through" costs determined valid by a rent review board. The contract, however, would provide for an increase of 125% of the average of the CPI plus any additional "pass- through" costs only for governmentally imposed taxes, assessments or fees. Under the contract though, the need for a rent review board is eliminated. The increase .,f 1791 CPI would not require 'u-stification; the increase fop governmentally imposed 'pass- throughs" would require the approval of the City. Park Service - As with the ordinance, the contract provides for a reduction in rent should there be a reduction in service. Unlike the ordiance, though, the contract attempts to identify a level of service established as of December 1, 1984. From such a service designation, the City could better monitor a consistent level of service and determine any reduction of service warranting a reduction in rent within each park. • Renegotiation of Contract - The renegotiation provisions of the • contract are much like those of the recently offered lease in that it establishes criteria by which the City and park owners would negotiate renewal of the contract if necessary. Enforcement Remedies - While the contract does not provide for criminal damages as provided in the proposed ordinance, it does allow the City to employ all legal remedies applicable to contract law in the event of breach of the contract. In reviewing the contract with the resident representatives, several concerns have been expressed. First and foremost, the resident doubt whether or not the contract would provide the same protection against rent gouging as would the proposed ordinance. They have also expressed concern as to the enforceability of any breach of the contract. It would appear as if they question whether or not the City would choose to take action against a questionable rent increase, and whether or not the contract would have the "full backing" of the City. Further, the residents believe that the rent review board should be included within the contract as a neutral committee in support of any binding decision as to rent increases. They recommend that the board convene to consider any increase in excess of 100% CPI. 11 Mobile Home Park Matters • Page 3 With respect to provisions of maximum allowable adjustments, the resident representatives express a strong position favoring a maximum of 125% CPI with the requirement that any excess of 100% CPI must first be justified as an increase for capital improvements and second be approved by either a rent review board or by the City. As for provisions establishing criteria for renegotiation of the contract, the resident representatives recommend that subsections 0, E, and F be removed since such should nop pretain to negotiations of the contract. Finally, the residents recommend that specific language directing the park owner to meet with the resident committees at least 4 times each year be included within the contract. As written, the contract employs the provisions of the Mobile Home Park residency law which clearly states that a park owner shall meet with residents after receiving written notice from the residents. It appears as if the residency law accomodates the need of residents to meet with the park owner. The question then is the enforcement of the state law. At present, the City has been given the assurance that all eight park owners will sign the agreement as written. In an attempt to address the residents' • concern for the justification of any increase in excess of 100% CPI, staff has proposed revision of the rent adjustment section to provide for the City's approval of any such increase. The park owners have expressed strong opposition of such revision, since it would defeat their purpose of making the long -term lease more attractive to the residents that the contract. It would appear as if all other provisions of the contract as written are acceptable to the park owners. In addition to the attached contract, staff is preparing a resolution which would acknowledge the resident committees that were created by provisions of ordinance no. 231. Such acknowledgement is important, since the contract references those committees. 1� u v 0 AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND OWNERS OF THE MOBILE HOME PARKS WITHIN RANCHO CUCAMONGA PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT This Agreement, which shall be known as "THE MOBILE HOME PARK ACCORD," is made and entered into by and between the City of Rancho Cucamonga, California, hereinafter referred to as "City" and the owners of all of the mobile home narks within the City, hereinafter individually and collectively referred to as "owner," this ____ day of , 19_, and provides as follows: WITNESSETH: WHEREAS, there exists within the City and the surrounding areas a serious shortage of mobile home rental spaces, which has resulted in low vacancy rates and rising space rents; and WHEREAS, because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the • requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative home sites for mobile home residences and the substantial investment of mobile home owners in such homes, there exists a virtual monopoly in the rental of mobile home park spaces; and WHEREAS, it is necessary to protect the residents of mobile homes from unreasonable space rent increases, while at the sane time recognizing the need for mobile home park owners to receive a just and reasonable income sufficient to cover the costs of repairs, maintenance, insurance, employee services, additional amenities and other operations, as well as a just and reasonable return on investment; and WHEREAS, decisions of a rent stablization board or similar decision- making boay may not necessarily fulfill the intent of protecting mobile home residents from unreasonable space rent increases, nor do such decisions always provide an owner with the opportunity for a just and reasonable income sufficient to operate a mobile home park, and to gain a fair and reasonable return on investment; and WHEREAS, concerns among residents and owners of mobile home parks over rent increases and other Dark- related situations can often best be resolved between the two par- ties, provided there exists the incentive for both parties to negotiate in good faith and reach agreeement; and 0 WHEREAS, it is the intent of this Accord to protect mobile home park residents from unreasonable space rent increases, while providing an incentive to both Owners and residents to negotiate future rental contracts in good faith and to reach agreement therefrom; NOW, THEREFORE, the parties agree as follows: 1. Recitals. The above recitals are incorporated into this Agreement. 2. Consideration. In consideration of Owner entering into this Agreement, and Owner keeping and performing all of the terms, covenants and conditions to be kept and performed by Owner, City agrees that the City Council shall lay on the table, forthwith, Ordinance No. 234 pertaining to mobile home park rent control. In further consideration, City agrees that during the term of this Agreement, provided that no Owner is in breach of this Agreement, the City Council of City shall not enact any ordinance, resolution, or other regulation which imposes restrictions upon or otherwise controls the increase or decrease of mobile home space rents. • 3. De_initions. For purposes of this Agreement the following words and phrases shall have the meanings herein- after stated: A. "Consumer Price Index" (CPI) shall mean the average of the Consumer Price Index for Urban Consumers (CPIU) and Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW) as published for the Los Angeles - Long Beach - Anaheim area by the U.S. Department of Labor, Bureau of Labor Statistics. B. "Mobile Home" shall mean a dwelling unit, other than a motor vehicle or recreational vehicle, designed or used for human habitation. C. "Mobile Home Park" shall mean any area of land within the City where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation. D. "Mobile Home Space" shall mean the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or • used in conjunction therewith, or the location or accommodation of a recreational vehicle. is E. "Owner" shall include the owner or operator of a mobile home park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. F. "Pass- through Cost" shall mean any cost item required to be itemized according to the tax laws of the United States; any cost item for increases in taxes, assessments or fees imposed by local, state or federal governmental entities; or any cost for expenses due to the need for repairs caused by circumstances other than ordinary wear and tear not covered by an insurance policy. G, "Rent" shall mean the consideration, including services, amenities, and benefits in connection with the use and occupancy of a mobile home space. H. "Resident" shall mean any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or rental or lease arrangement with the owner of the subject dwelling unit. • 1. "Resident Committee" shall mean that five - member committee for each mobile home park established by resolution of the City Council. 2. Term. The term of this Agreement shall begin on the latteP of'January 1, 1985, or the date on which all Owners have signed this Agreement, and shall end at 11:59 p.m., on December 31, 1987. Applicability. A. The provisions of this Agreement shall apply to all mobile home parks and all mobile home spaces within the City, except as provided in subparagraph B. B. This Agreement shall not apply to mobile home spaces covered by leases at the effective date of this Agreement, which provide for more than month -to -month tenancy, but only for the duration of such lease. Upon the expiration or other termination of any such lease, all provisions of this Agreement shall immediately be applicable to the mobile home space. C. None of the provisions of this Agreement shall preclude a mobile park resident from entering into a written lease with an Owner. D. This Agreement shall not be effective for any purpose until it has been executed by duly authorized repre- sentatives of the Owners of all mobile home parks which are situated in the City as of December 1, 1984. If this Agree- ment is not signed by or on behalf of all such Owners by December 31, 1984, the City may, but is not required to, extend the time during which Owners may execute this Agree- ment and the length of any such time extension shall be at the discretion of the City Council. E. Nothing in this Agreement shall be deemed to impose any obligation upon any Owner with respect to a mobile home park not subject to such Owner's control. 4. Mobile Home Park Registration. Within sixty (60) days of written notice by the City Clerk, all Owners shall be required to file with the City Clerk a Rent Registration Statement for each mobile home space affected by this Agree- ment. The City Clerk shall devise such registration forms so as to call for information necessary to carry out the purposes and policies of this Agreement, and shall mail such forms to all Owners in sufficient time as to allow such Owners to file their Registration Statements. 5. Rent Adjustment. A. Advance Notice of: At least sixty (60) days prior to the effective date of a rental adjustment, the Owner shall serve all affected residents, either personally or by mail, with notice of the proposed adjustment in accordance with state law. Said notice shall also include the recent consumer price index as established by the City Manager. Within three (3) days of notice to park residents of a rent adjustment, the Owner shall provide the City Clerk with the following information: (1) The effective date of the noticed adjustment; 0 • under lease. (5) The quantity and identity of spaces • 4 . i (?) Identification of the mobile home spaces affected; (3) The amount of the rent prior to the effective date of the notice for each of those mobile home spaces; (4) The amount of the increase (in dollars) for each of those mobile home spaces. 0 • under lease. (5) The quantity and identity of spaces • 4 . i 0 B. Period of: No rental adjustment for a mobile home space shall be noticed or permitted or enforced more frequently than once every 365 days. C. Maximum Allowable Adjustment: (1) Once each year, an Owner shall be permit- ted to increase rents in excess of that which were lawfully charged during the previous year based on a maximum of one hundred twenty five percent (1258) of the CPI as defined herein and as established by the Citv Manager. In addition, Owner may be granted an increase or decrease in rent in the event of a change in the taxes, assessments, or levies imposed upon the mobile home park by local, state, or federal government agencies. Justification of an additional increase must be approved by the City before notice of such is made to any park resident. (2) Monthly, beginning on the effective date of this Agreement, the City Manager shall determine the most recently published CPI which the City Clerk shall record. The City Clerk, upon request, shall notify an Owner of such • maximum allowable percentage change '_evolved in a rent adjustment, as of the date of the request. (3) Computation of rent increases allowable under this Section shall be according to the following formula: Multiply the base rent and the allowable percentage adjustment in the CPI as provided herein to determine the maximum allowable rent adjustment, rounded off to the nearest dollar. D. No Adjustment Allowed: In the event an Owner attempts to increase without complying with the provisions of this Agreement such an increase shall be deemed null and void, and residents shall not be required to pay such increase. S. Responsibilities of Owner. A. Park Services: Owner agrees that during the term of this Agreement Owner shall furnish all of the facilities and utilities which Owner was furnishing on December 1, 1984, to all eligible residents at no extra charge. Owner also agrees to provide and maintain in satis- factory working order and condition, during the term of this Agreement, all physical improvements and common facilities /1/ 0 and areer within the mobile home park which existed as of December 1, 1984. Owner shall also comply with all require- ments set forth in the Mobile Home Residency Law. Notwith- standing the foregoing,' with the consent of City, Owner may reduce or eliminate a service within the mobile home park or to any resident which does not affect the health, safety and welfare of any resident, provided that a proportionate share of the cost savings resulting from such reduction or elimi- nation is passed on to the residents in the form of a decrease in rent. B. Meeting with Residents: The Owner shall meet upon reasonable notice with the residents committee recognized by Resolution of the City Council as required by the Mobile Home 2esidency Law. It shall be presumed that the intent of good faith negotiation as established under this Agreement shall be practiced by the Owner and residents committee in attempting to reach agreement and resolve resident concerns. There shall be a minimum of one meeting per year to discuss park welfare in general or city and community items of importance. 6. Renegotiation at Expiration of Agreement. Within the six (6) month period prior to the t_rmination of this . Agreement, Owner and City may renegotiate the terms of this Agreement and such negotiations shall be directed by the following factors: A. The percentage change in the CPI during the most recently reported twelve (12) month period; B. The degree, if any, by which the Owner's expenses and /or capital improvement costs during the term of the Agreement have exceeded increases in the CPI and have not been recouped; C. The degree, if any, by which the residents' annual income has failed to keep pace with changes in the CPI, and the availability of supplemental income to eligible residents under a government subsidy program; D. Rents charged for comparable spaces at comparable mobile home parks within a fifty mile radius of the City; E. The degree, if any, by which the Owner's debt service has changed by virtue of changes in bank lending rates or practices; and F. Rates of return earned by comparable • investments and /or alternative uses of the Owner's property. /�a r 0 Remedies. A. No monetary damages, costs or attorneys' fees shall be recovered by Owner against City, or any officer or employee of City, in an action for alleged breach of this Agreement by City, it being expressly agreed that Owner's sole remedy in an action against City, or any officer or employee of City, is injunctive relief to the extent authorized by law. B. City shall have the right, but not the obligation, to enforce the provisions of this Agreement on behalf of a tenant or tenants in the event of breach of or non - compliance with this Agreement by Owner. C. Any resident aggrieved by a breach of or non - compliance with this Agreement by an Owner shall, as a third party beneficiary of this Agreement, have the right on such tenant's own behalf to prosecute a civil action against Owner, in any court of competent jurisdiction, to enforce the provisions of this Agreement or recover damages for the • breach hereof. 8. Miscellaneous. A. This Agreement shall be interpreted according to the laws of the State of California. B. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of each Owner. C. If any provision of this Agreement or the application thereof to any person or circumstance is held to be unlawful or is otherwise invalidated by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Agreement which can be implemented without the invalid provision or application, and to this end, the provisions of this Agreement are deemed to be severable. D. To the extent that the context of this Agreement so requires, the singular shall include the plural and the masculine, feminine and neuter genders shall each include the other. E. This Agreement may not be altered, amended or revoked except by an instrument in writing executed by City /13 and all Owners. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF RANCHO CUCAMONGA BY: Jon D. Mikels, Mayor ATTEST: CITY CLERK APPROVED AS TO FORM: Robert E, Dougherty, City Attorney 0 (Here provide separate signature lines for each park Owner, also identifying the mobile home park for which said Owner • is signing.) h:rc 8 /�'9' • ORDIWCB W. 255 • Y ORDIWR OF THIS CITf as WURO CUCAIIO,,A, =110MIA, AIO[mINO CBArTn 8.10 Of IRS WCBG CUQAHOWA ImkICIPA COOS, PROVIDING MR a ANROAL NAXTWK am Awusmn The City Council of the City of vanebo Cucarnp, California, does ordain a follans: SECTION L Chapter 8,10 of the Rancho Cucasongs municipal Code is hereby aund.d to read as fall..: ce.Neer e.l Mobile ROSS P, A 1 B t Ad' The Section. to be included will he a fall..: 8.10.010 findings, Purpose and Intent. 8.10.030 pcor 8.10.00 Applicability Ncbile Ham Park Registration 8.10.050 seU wove Park Resident. Co�itu use u 8.10.080 Bea Bent 8.10.070 Bever Adjustven[ 8.10.080 Beepons ibil i tie• of Park Ball" mobile Bove Park Beat BevSol dotard 8.10.100 Application Bat Approved bye• ease. upon An Applitaiiov Appr.ed by the Board 8.10.110 oforcseeo[ Re 8110.130 taliarion 8.10.170 8.10.140 "rim v byicy "vim by City Council • SECTION 8 10 010 PINOIItGB PURPOSE AND INTONT These .arts within the City of Raocbo Cut ... am aid the surrounding area • .ti.u. shorts&. of while hall rental apace, which ha reaulttd in 1. vacancy aces god rising epee rents. further, because of the high cost of saving nubile hones, the potential for devge resulting therefrov, the requirsrnt• relatinS to the installation of mobile h..s, including paait., landscaping, and site preparatiou, the lack of •Iterative hone situ for ..bile hone ruideucu and the substantial i.utueot of while hwe owner• in such homes, then nisi@ • virtual aosopoly in tea rental of while hag park •paces. Accordingly, the City Council finds and declare, that it is necessary to protect the residents of while hunts trout our eaonehis apace rent lvcrseses, while at the sans to rewgoitu the need of =bile hone park owners to receive a just sad .warble lncune sufficient to cover the torte of repairs, eainaa..., iauraee, rployee services, Additional uaoitiu and other upaesclass. 9CCTIOX X.10.020 UIFINITIONS L TC ittr" 'hall rap the while bane Park nsidenta colostttae I.W04 is each pobite hasp park sod established by this ordinate. 2. 'Concern" shall ran. that sit.ti.0 occurring within a nubile holes park which is drtrniad to disadvav[ge or or pore park residents or property. 3. 'Consoner Price Index" shall rap TOOT of the average of the Coneone[ Price lad.. for Urban Conson•ee (CPIO) pad Consoner Price Index for Urban Nye Barra and Clerical Worker, (CPIV) a pnblinbed tar he ton Anplo -tang Beach- Anabeia area by the U. S. Dipartaset of What, Bureau of Labor statistics. A. Nobile Bane" .hail re, • dwelling unit, other than a war ubicle or aeration vehicle, designed or used for Songs, habitation, �o� 1.. Ordinance No. 015 Page 7 5. 'Mobile Some Park" shall mean any ate, of land within the City of gaucho Cucmmoeaa anew* emu or more nubile bane •paces are reated, or held out . for rent, to accommodate while bane, used for human habitation, 6. 'Mobile limn, Space" shall nun the site within • mobile bone park intended. duigsed, or used for the latest.. or a<commosetim. of a mobile home mod soy •<es-soq -tractors- of appurt .... on' attached thereto I used in ea.juetiom thmrtmith, or the lmtatia or sccommodsti.o of a recreational vehicle. 7. "Owner" .hall mew the Owner or operator of a mobile home park or as agent or asp ezomutive authorized to ac[ on said owner's or operator's behalf is convection etch the saint esea<e or op.r.ti.. of such park. 6. "bent" shall mean the Iona id ... tion, .ctmdi., arvic... amenities, and buefite is coaneation with the use •ad occupancy of a mobile home space. 9. "Resid..t" shall sea. any pats** entitled to occupy a mobile hemo dwelling unit pur.namt to Ownership thereof or ran[al or leas arrangement with the owner of the subject dwelling unit. 10. 'board" shall mess the No bib Ron. Rams Review R ... d of he city of gaucho Cucamonga. 11. 'CApital Iaprevemsmt" shall ms-- any addition or betterment made to a mobile hws park which consists of wee than more repairs or replac meats of existing facilities or improvements and which has a useful life of five or mare years. SECTION 6.10.030 APPLICABILITT 1. The pros isioes of this Ordinance Shell apply to any mobile home park end mobile home -Penn within chm City of Rancho Coo mon .. • 3. Settio. 6.10.060 of this Ordi se.,. Shall not .,ply to residencies covered by Isar.. mr coat sec tom, at the effective date of chi. chapter, which provide for more than . month -to -month rte ideacy, but only for the mutation of Such lease or contract, upon the expiration or other termination of any such less- or contract, ell preriei.ns of Ibis chapter shall immediately be .ppliuble to the r .idancy. 5. Nona of the provisions of this Ordi ..... .hall preclude a mobile bane park resident from entering into a written bum or contract with the park owner. SECTION 6 l0 010 NOJILE SONS PARA It IS7RATION withim sixty (60) day@ of the effective date of this chapter, all park owners object to the provisions of this chapter shall be required to file with the City Clerk a rent R@gistratiou Statesmat for each rental unit affected by this chapter. no City Clerk shall devise such registration Eons so a to call for iafonmtion .ataas.ty to arty out the purposes and policies of this chapter, ad shall it such to., to all while hws park owner. to the City is efficient time a to allow such park movers [o ftl0 their gagistratioa Statement• rithi. story (60) days of adoption of this chapter. The City Clark shall forward a certified copy of the registration statement to the residents commit ev. All rural unit@ shall be registered annually ch.exiftor, No rest increases permitted under this chapter [hall M allowed to park owners who have failed to properly register all while bane spaces. SECTION 6 10.050 RAILS "M USI06NTR CONMITTSS 1. C[es[ioa of: Within sixty (60) days of the effective date of this chapter, ..Ch mobile ban- park within the City shall truer, by al.c[ion of • /ice Drdiva.ce No. 265 Pass 7 the park residents, a five -rbar residents comaittee. the city clerk shell call for sad schedule such election for each park at an appropriate time when such election say be hold. tamideate *"It notify the City Clerk an to their intent of election, .M e*bait • tiering of rawasittee mine... fork park t 4id.ot any cut up to five (5) worse, but .ball not rut nor. than ow (1) vote for each orainu. those five urine*@ reviving the east votes .ball be elected to the residents roamittee. A representative of the City shall M in .ttetd.0 . at the election to conduct the election proceedings and to verify the election results upon complecio. of the ballot vacua. The City captu..ratio. shall not vac. or inflator. say vote. 2. Paver@ and Duties of: Except sa otherwise provided by low, the resident. coeittes shall have the following powers and duties: (.) Neat to diacu. p,oblema end ronaras within the vobita home park and whin necessary to recvma.d further action on each 1 p,obl. ad concetnt. 1 (b) [.fors .I1 re. idents of the park as to developea1. of ' proposed rent increase* and other park concern.. (c) Negotiate with the park owner in order to resolve resident wacerv.. (d) giant ant of it, %.bar$ to serve a nhatmen, one to serve A. vies- v.imsn. and oes to .erne es tectstsry. The cbaimav shall preside at ail nomit1.e netting, and thall ace «is. g.w.ral supervision of the affair, and activities Of the ca,owittee, The vicrnhai@aa shall &Same the duties tad paver. of the cheinu in the anent of the cO.ima.,. .be*..*. The wctetary ,hall record and esintaia .id atautes of actions and setting. for the coesic1.e. • (e) My action of the consittee shell require •ffimstive votes of not let, than a quarto, e*c.pt that tell than A quotum Say a4jnara a messing star die yr to a specified ties end place. A quor,m $bell consist of a ujoeiry of the mmb.I. not counting vaunt positions. 11 (f) the comittea @hall prepare @pocific guidelines for the election of .11.rsate coemittsa esebm to fill vauociar, sod the length of tame for all comittee amber. and officer.. (g) the comitceo shall act on behalf of park resideat(s) if ach action is authariad to writing. SECTION 8.10.060 BABE UK M owner shall not demand. accept, or retain rent for a aobilehoae spats secluding the .At to effect for aid @,act no Watseka, 21, 1994 Ind as adjusted esoh subsequent rest adjuet..nt date is srcocd.vice with the requiremsats of Section 6.10.070, pot Adjustatat. If a pteviousq rooted mobilehwe space was not rested on 6ovabe, 21, 1954, the cower may charge rat including Idjuumnt. the me as it the space had bean 1.21.4 coot tvnsl ly in accordance with Section 6.10.070, pot Ad ju Isaac . If a nabilehw, space is rented for the first ties after Noweabe, 21, 1994, the owner shall not dtasad, accept, at crisis rent for acid space exceeding the tent first established and charged for the particular apace as sdjuaa4 each subsequent trot tdjustaat due to $ccordaats with the requirmnce of Section 8.10.070, goat Adjustmats. Ordinance Mo. 245 Page 4 SECTION 6.10.070 RM ADJUSrIRR 1. Advenue Snti.e of: At lust ist, (60) days prior to the . effective dab of a rental adjustment, the park Owner or representative shell enrwe all nubile boom reside...., either personally or by mail, with notice of ch. proposed adjustment in a .... door. with Star. loo. Said notice shall also include the recent consumer price index as established by the City Meager. Within three (3) days of notice to park residents of a rent adjustment, the park caner o r rep.eea.tatim shall provide char City Clark with the following information: (a) no effective data of the noticed adjustment. (b) Identification of the resident. or mobile home spaces affected. (c) Me amount of the rent prior to the affective date of the notice for each of those mobile home spaces. (d) The amount of the increase (in dollars) for each of thou mobile hove .,.Co.. , (e) no quantity and identity of residents or spaces under lease or contract. 3. Period of: No rental adjustment shall b, noticed or permitted or .of ... ad sob frequently than coca every 765 day. per mobile hoot park. 5. Maximum Allowable Adivatuat: Ono each yexr, park owoat. shall be permitted to charge reuse in excess of that which they are lawfully charging during the presious year baud on oar- hundred percent (1001) of the average of the Consumer Price Index for all Urban Consumers (CPIU) and Consumer Price Index for Urban Wage garners and Clerical Workers (CPIW) as established by the City Manager. The Consumer Price Index percentage change shall be for that one year period stating the first day of the fourteenth (14) month and audio{ the last day of the second south prior to the proposed rent adjustment date. • Monthly, beginning no the ffmctiv. date of this Chapter the City Manager .hall determine the most recent published Consumer Price Index which the City Clerk shall record. no City Clerk, upon request, shall notify each park owner of such maximum allowable yearly percentage change involved in a rent adjustment. Computation of rent increase, allowable under this Section shall be according to the following forms is: Multiply ch* base rent and the allowable percentage adjustment in the Coosuma Price Index as provided havoc. to determine the ai. allowable mot adjue.t, ... ed off to the ...... t d adjust which may he {canted co the park owner. 4, No Adivarm*nt Allowed: No general annual adjustment or adjustment of rent will be permitted any park owner Who: (a) Sat tontiumd to fail to comply with any provision* of this Ordiants .md /or order* or regulation* issued hereunder, at (b) Ma. failed to crime the motel unit !.to compliance With the implied Warranty of habitability, or (c) Sat* failed to register .11 mobile boo* spare. as provided under this Ordinance. 5. Other Adfustmeete: May be considered. Refer to Section 5,10.100, 36CIIO6 6.10.080 RISP06glgtity113 OF PAII OWlfel L. Perk Services: It it the responsibility of the park owner to • provide ate maintain the physical igrwement• rod the comment facilities of the Park is good workio8 order and condition, sod in doing so comply with the Ordinance Mo. 265 Page 5 requirements as set forth in the Mobile Roma 4sideecy taw. . If a .arrive or measly is eliminated or reduced or changed in arch a suer to affect the residenr(a), the change shall firs[ be discussed with the effected resident• and the raid..[. committee and approval, including rent reductive be agreed upon. If agrasent is not obtained, the condition shall be referred to the hoard for final decimal... 2. Meeting with Residents: no park weer shall set upon reasonable active with.tbe residents rosittfe as required by the Mobile gome &*aids.. 4w. It shall be pr memad that the intent of good faith negotiation as established under this chapter shall be practiced by the park owner and residaat. cosittte it attempting to reach ..resat and resolve resident concerns. thew shall be a sinus of one v.eting per year to discuss park welfare in general or city and community items of importance. SECTION IRS MOBILE W142 PAXE REM BMW WARV 1, no Mobile Boma Park Rental Resin Board is hereby established sad shall consist of row (7) motors and three (0) alternates. I. order co ' provide varied and balauced background. and experience tun (2) ssben and one (1i alternate shall be resident• of vobit* home park,; two (2) ambers and one (1) alternate .hall be owam• of sbit. home park.; and three (3) amber. sod • (1) alternate .ball be "Public ambers" who are neither residents nor wnere. the umber. of the Board shall be appointed ea fall..: (a) One (I) of the three (3) public ambers shall be appointed by che City Council from a list of one (I) or sow qualified persons nominated by the resident ember. of the Board. (b) one (1) of the three (d) public members shall be appointed by the City Council from a lie[ of o.e (1) or sow qualified persona nominated by the owner s mbeas of the Board. • (c) One (1) of the three (2) public ambers, each resident and .tear ..bar, ad verb •l[ecs[e shall be appointed by the City Council from a liar of one (1) or nor. ...,lifted pare... activated by the City Couvnl. If the residena or owner umber. should fail to nominate a public .mbar who sat. with the City CoumciV. approval the City Council [hell so notify the resident or caner umber, entitled to nominate, and if a further nomination atiafactory to the City Council it at made .[thin to (LO) day. after such notice, the City Council may he an appoinnat to the office concerned without a am is tics. An alternate .hall move as =bar of the Board during the absence of a amber of the Board with the teem experience background as the alternate. If necessary to Make • quorum for a .ascing or a hearing, in alternate may .errs im place of an absent amber alternate with a different experience background than the Mobile Use Rout Review bard alternate. In such am event, the at -large alternate shall move first, end, if still necessary to make a quorm, the resident and oener alternates shall be chosen to serve in to order to be datenimed by lot. 2. Each amber an alters to .ball be appointed by a majority vote of the City Council for a one (1) year tam to and on June 30 next after the appointment and until a successor is appointed. Any Member or alternate may be removed, with or without cause, by a majority vote of the City Council. Should a vacancy exist, as appo inoment shall be made by a majority vote of the City Council for the unexpired portion of the ten. the compaastion of Board .=here tad alternate .hall be determined by the City Council. 5. If r member of the hoed it absent from three (5) mccasive Metiop without being eatuaed by the Board, or is absent for more than six (6) setting. to soy twelve (12) sash parted without Being erc.tta by the Board, the office of much amber shall be vacated and the Chat=s tball immediately ordinance No. 265 page 6 notify the City Manager who $hell notify the City Council that said office I. vaunt. Upon such notification, the City Council shall appoint a successor for • the remainder of the terms of much *ember. A. The bard shall establish the time of any hearing$ or meetings hold pursuant to this chapter and much hearings or setting$ shall M held is a City designated facility a often as the Board determines to be necessary to dimthtrp it& duties hereunder. 5. The Board $hill elect one (1) of its vembere as ch.i,psr.o. and maid election shall be held es soon a practicable after each new tan comae.,... Five (5) member. shall constitute A quorum, whore equal representation of park owners and resident representatives exist, for the purpose of conducting a hearing or eating. Decisions of the Board shall be made by a vjority vote of the ember. present. 6. no duties and c.."moibiliti.. of the Board .hall toclude the following: (J no Board shall make toy ... ...dericc. it dmm. appropriate to the City Council regarding the implemmteuon , ! and enforcement of the provisions of this Bec[a... (b) The Board shall hear all root increase applications and detemine whether to approve or disapprove a root lute ...a in the gamer provided by Ration 8.10.090. 1. All public members and their alternate. shall be resident$ of the City of much. Cutem *up . SECTION 6,10,100 P i "OR AN APPLICATION AUROM IT M BORN 1. An owner may file with the City Clerk a rent increase application . for one or more mobile home spaces for approval by the Board. 3. An application for a rent iucreasa pursuant to this Action ,hall be filed noun a form prescribed by the City Clerk and $hall be accompanied by the payment of . tee of oo* hundred dollar. (Blom; provided, however, that no fee shall be charged for application- filed within the first one hundred eighty (180) day# after the effective data of this Chapter. Said Application shall specify the address of the mobile ham& park, the space number oe numbers for which r Ant is requested to be increased, the mount of the requested rent increase, and the facts supporting the requested increase. The applicant shall product at the request of the Board any records, receipts, reports, or other docomeore that the Board may den ...tsar, to asks a daterm: nation whether to approve a rent increase. The appliutioe -hall be made under penalty of perjury and supporting documents -hall be certified or verified a requested by the City Clark. 1. Opoa receipt of a root increase application, the City Clerk shall mail a notice to the affected rte liana at the mobile home spaces designated in the application and to the residents c.itt.. chairman, informing them of the receipt of such appliutioe, the amount of the requested rent increase, a brief ,memory of the mower's justification for the request, any supporting document. which may be inspected at the City Bali, the resident'• right to submit written statues.., photographs or other documents relating to the application within thirty (3O) days after the date the notice is riled, and the address where such rtatsaeat# are document, may be ailed or delivered. A. The City Clerk shall determine ithin thirty (50) days after receipt of a rent incrwe Application wharbor mid application is complete. If the City Clerk determine, that an appliutioe is not complete, it shall notify the applicant in writing as to what additional luformatlou is required. 5. A copy of each root issraae application @ball be provided to eaeb member of the Board after such application is determined to be complete. • Ordiusa* No. 245 Page 7 The bard shall hold a hearing om said application within misty (60) days after much determination, is ands except as provided in subsection (10). Mile& of • the time, date, and place of the hessiy .hall be ailed to the applicant and the affected residents at the while hwe tpacea designated in the application at lust ten (10) days prior to the haring. 6. At the baring, the applicant and the affected resident. may offer may testiway that is releraat to the requested rent increase. IDs applicant and affected residents ay offer docadats, written declarations, or (d) other vmitt.. *.idea,* for the first time at the hearing only if good cause is e.p...... shown why much aidence as not filed with the Uapartmac prior to the (e) hearing. Pond rule. of e,idance shall out be applicable to such that than proceedings. Incept a provided in subsection (11), within fifteen (15) days deer the close of the hearing, the board shall wake its deters it. Lion, pursuant to the standards established by subsection (b) of this section, (f) approeinb or disappearing a rent increase for the aobilehwe space or apace• the Applicant specified is she seat increase application. 7. IDs purchase of • oar park or refinancing of an existing park ace not to bm considered as reasons for considering a rent increase. (g) S. The board shalt approve such rent increase a it d.terminem cc 1 be just, fair and reasonable. The board shall consider the following factors, , is addition to any other factor, it consider. rel asset, in asking such determidetion, if the it.. are not considered in determining the Consumer Price Ind.. by the U.S. Department of labor statistics. (a) Chao &*@ in property taxes or other taxes related to the subject sobite hwe park. (b) Champs in the rent paid by the applicant for the lease of the lead oo vhi.b the subject mobile bane park is located. (c) Chan{.. in the utility chap. for the subject mobil. hwe park paid by ch. applicant end the extent, if say, of • 9. no Board say prow ide that a. inert,.. in rent or a Parties of An increase in rest {opted by the Board be limited to the length of cis necessary to allow the park owner to r ... oably amortize the cost of a capital improvernt, including interest end a reasonable profit, but act be able to continue to recs ism the increase or portion thereof granted me a result of the capital upravemwt beyond the tut necessary for reasonable amortization. A capital improwsat ever 75,000.00 most be apprared by majority of resident. through the residents eommenieras. 10. Notice of the Board's determination .hall be mailed to the Applicant, Ali affected resident., mad to the residanta comewittat chaimn at the mobil* how* apse.. designated in tba Application. The detarmisation of the Board •bell be final. 11. to the asset that the Board is unable to Act and eke it. final determination on a cmpl*tad rat increase application within the cue limitations prescribed by subsections (4) -(6) of this Section, and after the thirty (10) days for the resident to file stateside. or decadent, in opposition to the application under subsection (3) shall Gal expired, the hoard may appr.ra such interim rest ionresea for the mobile bane space or @pace@ is to imbursesent few the r.sidanta. (d) Chang.. in reasoeabl. operating as a.i.re mnce e.p...... (e) no need for repair. cased by c.rcrosr..... that than ordinary war ,ad tar. (f) The amoat ad quality of .ems ices provided by the Applicant to the affected resident. (g) Any existing written Ices. lawfully entered into between the applicant and the effected resident. 9. no Board say prow ide that a. inert,.. in rent or a Parties of An increase in rest {opted by the Board be limited to the length of cis necessary to allow the park owner to r ... oably amortize the cost of a capital improvernt, including interest end a reasonable profit, but act be able to continue to recs ism the increase or portion thereof granted me a result of the capital upravemwt beyond the tut necessary for reasonable amortization. A capital improwsat ever 75,000.00 most be apprared by majority of resident. through the residents eommenieras. 10. Notice of the Board's determination .hall be mailed to the Applicant, Ali affected resident., mad to the residanta comewittat chaimn at the mobil* how* apse.. designated in tba Application. The detarmisation of the Board •bell be final. 11. to the asset that the Board is unable to Act and eke it. final determination on a cmpl*tad rat increase application within the cue limitations prescribed by subsections (4) -(6) of this Section, and after the thirty (10) days for the resident to file stateside. or decadent, in opposition to the application under subsection (3) shall Gal expired, the hoard may appr.ra such interim rest ionresea for the mobile bane space or @pace@ is Ordinance No. 265 rape e specified in said application which clearly appear. to be warranted rban the fortune sat forth in anWectiom (B) of this Bectiou are considered. based upon the [sets awred in the appliamtiw, any written statements or documents filed • with the City Clark by the affe.ted resident[, and any other fact. known to the bard. An approved interim rent 'normaee [ball aspire an either (1) the last My of the mouth within which the hoard make' its final determination 4isapprovi , a rent increase, or (I) the effective date of a rent increase which is approvA by • final determination of the Board. 12. She time within which the Board may conduct a bearing a. provided in subsection (5) or sake it 4•nrmination e. provided in subsection (6) may W extended twice by ebe Board for perdod. of ties not to exceed sixty (60) day.. each if the Board approves an itterim rent increase pursuant to euboaction (11). 13. M lout Review Board attic. or coot ideratio. will be ....asap if the adjustment prepared by the park ...ex. as advised by the City Clerk, is o0 more than the allowable percentage increase and the Board M1@@ nea:vd oc ,uertiov tram the I.id..t(.) involved or the Park Committee rithio ten (10) working days of receipt of the notice of rent adjustment by the resident(s) or Park Committee. SECTION 8.10.110 Exromm8T 1. c[ the My resident or park order aggrieved by the willful violation of any prow i.ion. of this chapter may sue chateau and recover .cowl damage. therefor, plus • civil penalty as provided het. iv. My park over or representative who demands, accepts, receives or retains any payment of space rent in aseees of the maximum lawful space rout, in violation of the provision Of [his chapter cr may rule, regulation or order hereunder promulgated, shall be Liable a, hereinafter provided to the resident from who such payments are demanded, accepted, received or retained, for Gmagu as •civil penalty in an amount of fix. -hendred dollars (8500.00) or three (0) time. the amount by which the payment so demanded, ascepted received of retained ..teed. the matimum lawful space rent, whichever it the greater. fie park owner is also liable to • the resident for any such payments actually collected and refunded, if aay, plus interest from the data received, reasonable attornay's fen, and costs as determined by the court. I. no fact of any willful violation of this chapter may be used by the aggrieved resident as a defense to any action for unlawful detains[ based on von - payment of rent. She park owner may use the fact of soy willful violation of this chapter as a defense to recover any rout due under this chapter. S. My willful violation of this chapter .hall be a mIldem.saar and cha 11 be punishable by • five of not sore than five- huadted dollar, (S AO.00) or by .pliaome.ut in the County jail for a period not exceeding ail (6) menthe or by both such fine and imprisonment. Each continuing day of violation ,halt be deemed to be • ,operate riol,tia.. SECTION d 10 120 enTa,raTtne It is unlawful for the management or say of any mobile home park to haw @@, evict, rots w ato against or otherwise discriminate against any retsliatiou against a "room who all oV"I.d any practice believed unlawful under this chapter, has informed law enforcement agencies of practice Wlievtd sent awful under this chapter, has assay sad any tights under this chapter, or bas gee titiould, testified or attested in aay proeeediol under this chapter. if any provision or clause of this chapter or the application thereof to spy person or circumstance is held to be unconstitutional or to be otherwise iwalidattd by a "All judpmnt of aay court of competent jurisdiction, such • Ordineuce No. 215 hp 9 invalidity shall not affect other provisions or clause, or applications thereof which can he implemented nitbaut the invalid provision or clause or • application, and to this and, the provisions eel cLUss• of this chapter or. detlard to be aveerWL. QTl lil.[ Iogmttw no City Council shall revive the provision. of this chapter two (2) pm after the data- of adoption thereof, and at soy other time deemed appropriate, in order to consider the effectiveness and necessity of the provisions of this chapter* and the wed to assd such provisions as to provide more effective regulation or to avoid unnecessary hardship. SECTIOe 2: The Mayor shall sign this Ordinance and the city Clerk shall cause the sue to be published vitbin fifteen (15) dap after its passage At lost once in The Daily goods[, a oeespap.r of general circulation published in the City of Ontario. California, and circulated in the City of macho Cutae,nge. California. PASSED, APPRMID, and ADOPTED this a AYES: NM: ASSENT: ATTEST: E Beverly A. Authel.t, City Clerk Is Jon D. Mikels, Mayor • CITY OF RANCHO CUCANDNGA MEMORANDUM DATE: As of 7 -1 -84 T9: City Council 6 City Manager FROM: Finance Director -.— _ SUBJECT: SoenCino limitation- 1984 -85 gZ-,v,-n' T 19 mil Pr•ticle %:i.(B of the California Constitution specifies that aoprOpriations ,•rile dy governmental entities may not increase ov more than the chandw in Population and the = -•r• :e fir• ".hw U.S. Consumer Price Index or the California .z r• capita dersonal incomer whichever is lws%. As it turn ?aro >•.n C- scamonoa will Le usinn the U.S. Consumer ice .ncea for :984- 8S.wrrien has down determined to be 4. ?4x. -,e �_-ou :anon uercentade ciange for 1984 -85 is %. A ratio :f chance nas been cetarm RA',- _�r:ono+ hecween the U.3. In OcTnv:dt ion for the City *no ha netermine the aoendina year :384 -85. Recommendations fined for the City of ?. :. and the % changs neon aoProprl.ately :imita :.ors for the -icy Ac'a.cnad is a resolution for Co-.arc.l =. f.000inval whit, will : ... 'the spe'ridinc limitation for the CC.•ront fiscal ywar•. C :�t • SO."d tna LW! t-a :,n 7- 1 Z ins • -,.,Ce to tncnme 10.17% 1. !0!7 • Cl.".. Poo. 9. S4% 1. •P994 :380 -!38: % % 1.zii: If (0) I.tWC 1.0493 1. 150 1.73. c4 1378-73 1?e!-1384 umtt at ten. ---------- % ear ce to tneom! 4.29% 1,- 1-14aI % Panve w Pnv. 6,79% MIS Ch"tt M) i.li3l Cal,ilatlIn 83-84 ",tat,", 82 -63 8.243.361 CPT •Atlo (M) 1.1137 SPEND!%G 1+1'0-10N 1962-1984 3.181,410 &384-65 4.74% 1,, 1.0474 % Cnanon 1, POP. 3.0:% 1,, 1.0301 Ratty Cla'00 (NI 1.0769 • LiMtt a tlDn C&ICU!ltlon 84-85 S 00dina LlMltatton 83-84 9,181,410 Poo. to PCI Ratil (N; 1.0789 SPENDING LIMITATION 1984-85 9,906,069 / *2 ;r, • RESOLUTION NO. e ' - -t - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE CONSTITUTION WHEREAS, Article XIIIB of the State of California provides that the total annual appropriations subject to limitation of the State and of each local government shall not exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the coat of living and population except as otherwise provided in said Article XIIIB; and WHEREAS, pursuant to said Article XIIIB of the Constitution of the State of California, the City Council of the City of Rancho Cucamonga deems it to be in the beet interests of the City of Rancho Cucamonga to establish an appropriations limit for the Fiscal Year 1984 -1985; and WHEREAS, the Finance Director of the City of Rancho Cucamonga has determined that said appropriations limit for the Fiscal Year 1984 -1985 be established in the amount of $9,906,069. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga that an appropriation -=it for the Fiscal Year 1984 -1985 pursuant to Article XIIIB of the Constitution of the State of California be established in the amount of $9,906.069, and the same is hereby established. BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the City Council. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: • Beverly A. Autbelet, City Clerk Jon D. Mikels, Mayor /7• lJ • 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1984 TO: Members of the City Council and City Manager Sp CUCA"ioro C9 e� i F Z 1977 1 FROM: Jack Lam AICP, Director of Community Development SUBJECT: ANNEXATION AGREEMENT AND RESOLUTION OF INTENT TO ANNEX THE CARYN COMPANY PR OPERTY OI IORIO The attached annexation agreement is for approximately 248 acres of land most of which is owned by the Caryn Company. The site is generally defined by the proposed Foothill Freeway to the south, the extension of Milliken to the west, the extension of Rochester to the east and the extension of Banyan to the north. The Caryn Company has a Planned Unit Development (Planned Community by City standards) approved by the County. The application, including development drawings, were reviewed and commented on by the Rancho Cucamonga staff and Planning Commission in early 1984. The Caryn Company P.U.D. site (227 acres) is located within the 'West Valley Foothills Community Plan area under the County's jurisdiction. The area is currently designated for Residential Land Use up to 4 dwelling units per acre (plus 25% density bonus for P.U.D.). Based upon the approved development plans the appropriate land use designation would be Residential Planned Community pursuant to the City's Development Code and conforms to the density provisions of the City General Plan. The other parcels are proposed to also conform with the zoning designation of the larger property. Since thz City has had the opportunity to work closely with the County and the Caryn Company consultants, the County conditions of approval would closely parallel City conditions of approval based upon the development concept. The only remaining issue with the County for this property was the services District concept espoused by the Foothills Community Plan. This issue, of course, becomes moot with its annexation. The principles of the annexation agreement are that any duplicate approvals of the P.U.D. be consistent with City format but that there be no conditions more onerous than those contained in the original County approvals and that certain fees would not be applied to the property (Systems fee and Beautification fee). The Park fee and Storm Drain fee would not be assessed since extensive storm drains and park and open space improvements are part of the development approvals. The owners of CITY COUNCIL STAFF REPORT • Caryn Annexation December 19, 1984 Page 2 the property agree with inclusion in the landscape, and street lighting maintenance districts as well as in the Day Creek Mello Roos District. Owner also agrees to payment of all school fees. All negotiated points are contained in the Annexation Agreement. Approval of the Annexation Agreement and adoption of the Resolution of Intent to Annex sets a course of action that would occur as Follows: CARYN ANNEXATION TIME SCHEDULE* TASK TIMING Adopt Annexation Agreement December 19, 1984 Resolution of Intent to Annex adoption by City Council Application to LAFCO By December 31, 1984 Tax Negotiations with County January 1985 • Prezone and Approval of January 9, 1985 Tentative Tract and Development Plans by Planning Commission along with Development Agreement Prezone Hearing January 16, 1985 1st Reading by City Council Development Agreement - 1st Reading Rezone Hearing February 6, 1985 2nd Reading by City Council LAFCO Hearing February 20, 1985 (LAFCO'S Monthly Meeting) Final Annexation February 20, 1984 ** by City Council and Development Agreement - 2nd Reading *This "fast track" schedule assumes smooth processing without delays. * *Assuming LAFCO authorizes the City to annex without public hearings. • Otherwise this must occur March 6, 1985. • CITY COUNCIL STAFF REPORT Caryn Annexation December 19, 1984 Page 3 Please note that a development agreement must be adopted by the City Council after completion of annexations with said development agreement closely resembling the annexation agreement. This is necessary to implement the provisions of the annexation agreement and conform to state laws. Please also note that the scheduled course of action stated above is the most optimistic presuming no difficulties in the process. The schedule is one which all parties have agreed to use their best efforts to accomplish. Any hitch will, of course, extend this schedule. RECOMMENDATION: It is recommended that City Council: 1. Adopt Resolution Approving Annexation Agreement 2. Adopt Resolution of Intent to Annex 3. Authorize staff to submit application for annexation and plan of services to LAFCO Respectfully submitted, Jack Lam, AICP Director of Community Development JL:jk Attachments: Vicinity Map Lot Layout Plan Resolution Approving Annexation Agreement Resolution Declaring Intent to Annex (with attachments) Under Separate Cover: Annexation A Exhibit A -1: Exhibit B: Exhibit B -1: Exhibit C: Exhibit D: 4 ireement (with its attachments): Legal Description County Conditions of Approval City Conditions of Approval County Certificate of Compliance Park Plan /?9 SqN DEER CANYON OAYCANYON iERNARDINI \ / • COUNTY OF SAN RERNAROINO > 3v —y r a w tPWW a l • CITY OF RANCHO UC MONC4 SPHERE OF INFLUENCE CITY OF RANCHO 3I CHAFFEY ? CUCAMONGA COLLEGE BANYAN AVE. %• — PROPOSED FOOTHILL FREEWAY HIGHLAND AVE I�PLANINEO BASELINE AVE. FOOTHILL BIND. I OoKi SqN iERNARDINI FREE 'WAV > > > 3v > a w tPWW a l • 3I ? CW SqN iERNARDINI FREE 'WAV 140 VICINITY MAP PROPERTIES AT MILLIKEN AND HIGHLAND SAN SERNAROINO COUNTY, CALIFORNIA I 1 PHASE I PHASE If 105 LOT" LOTS TS 97 LOTS - ------ I LOTS 3i L LO 130 Its,-LO7 7� TS' -7-77--i— Note: Outparcels now being acquired by property owner for inclusion in project. Lot layout subject to review by Planning Commission. LOT LAYOUT PLAN PROPERTIES AT MILLIKEN AND HIGHLAND SAN BERNARDINO COUNTY, CAUFFORNIA LEGEND PHASELINE 0 • RESOLUTION NO. ' -' - 23 A RESOLUTION OF THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION (ANNEXATION) OF PROPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND THE PROPOSED FOOTHILL FREEWAY ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE ON THE EAST AND WEST. WHEREAS, the above- described property is located within the established Sphere of Influence of the City, and is contiguous to current City limits; and WHEREAS, the annexation of the property will represent a logical extension of the City's boundaries and urban services; and WHEREAS, it is the City's intention to provide the usual and necessary urban services to the area upon annexation, as outlined in the Plan of Services; and WHEREAS, the County of San Bernardino has approved Tentative Tract • Map No. 12642 in respect to a portion of the above - described Property and the Final Development Plan and a Preliminary Development Plan for the balance of the property; and WHEREAS, the City, prior to the issuance of the County Development Approvals, reviewed the proposed development as depicted in the County Development Approvals, and participated in the procedures initiated within the County culminating in the issuance of the County Development Approvals; and WHEREAS, the City has determined that the annexation of the property to the City would be beneficial to the public purposes of the City, in that the Property, developed in a manner authorized by the County Development Approvals, would be consistent with the City's General Plan, WHEREAS, the City Council as governing body of the City of Rancho Cucamonga desires to initiate proceedings for a Change of Organization Annexation, in accordance with Government Code Section 56195 for the above described property. NOW, THEREFORE, the City Council as the governing body of the City of Rancho Cucamonga does hereby resolve, determine, and order as follows: SECTION 1: Application and a proposal is hereby made to the Local Agency Formation Commission of the County of San Bernardino for Change of Organization /Annexation to the City of Rancho Cucamonga of the herein described property as outlined in the justification form, which is Exhibit "A" ® to this resolution, and is by this reference incorporated herein as though fully set forth. CITY COUNCIL RESOLUTION December 19, 1984 Page 82 SECTION 2: The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. I, Beverly Authelet City Clerk of the City Council of the City of Rancho Cucamonga of San Bernardino County, California, hereby certify this record to be a full, true, and correct copy of the Record of the Action taken by said governing body, by vote of the members present, as the same appears in the official minutes of said governing body at its meeting of December 19, 1984. PASSED, APPROVED, AND ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: ATTEST: Jon 0. Mikels, Mayor Bever y Aut—he Fe t, City C erk Date / > ? • • is • EXHIBIT ATI JuSTIF ICA710N FOR PROPOSAL AND PRELIMINARY For LA FCO use Only ENVIRONMENTAL DESCRIPTION FORM TO: LOCAL AGENCY FORMATION COMMISSION 825 East Third Street, Room 201 San Bernardino, CA 92415 INTRODUCTION: The questions in this form are designed to obtain enougn data apout the proposed project and project site to allow the Commission and staff to adecuately assess the project. By taking the time to fully resound to the cuestions below, you can reduce the processing time for vour project. You -av also include any additional information which you believe is pertinent Use additional sheets where necessary. GENERAL INFORMATION I. NAME of PROPOSAL: Change of organization /annexation to the City of Rancho Cucamonga 2. APPLICANT: City of Rancho Cucamonga • j. GENERAL LOCATION: North of Highland Avenue, between extensions of 'lilliken to the west and Rochester to the east. 4. Does the application possess 100% written consent of each property owner in the subject territory? YES X NO (If YES, attach written authorizations.) (Written consent will Ye—provided separately) 5. Indicate the reasons that the proposed action has been requested. Annexation and development thereof per Development Plans would be beneficial to the public purposes of the City and consistent with the City's General Plan and beneficial to the public health, safety and general welfare. Would the proposal create a totally or substantially surrounded island of unincorporated territory? YES , NO X If YES, please justify proposed boundary. LAFC 3 Rev 2/80 LAND USE AND DEVELOPMENT POTENTIAL . Total land area: +240 acres 2. Dneliing units in area: Approximate population in area: 0 4. Indicate the General Plan designation of the affected city: Low Residential (24 San Bernardino County General Plan designation: RES - 4, except NEC of Oilliken and Highland is desiqnated Commercial S. Describe any special land use concerns expressed in the above plans. Refer to Development Plan text, pages 10 -13, for discussion of relationship of proposed development to concerns /goals of West Valley Foothills Community Plan. 6. Indicate the existing land use. Vacant What is the proposed land use? Single family residential Planned Unit Development consisting of 902 dwellinqs and 16.29 acres of open space /parks 7• Indicate the existing county zoning title and densities permitted. RS -72 - 4 DU per gross acre plus density bonuses permitted by West Valley Foothills Community Plan. B. Has the area been pre-zoned? YES NO x * N/A If YES, what is the pre - zoning classification, ti [le, and densities permitted. * Prezoning in progress for zoning desiqnation of "Carve Planned Conmuni ty ". Regulations adopted by S.B. County under their PUD 83 -0044 will in effect become the zoning & Development controls under the City's "Caryn Planned Community" disignation. . •7- • 9• Estimate any other future governmental services that will be required for additional development of this site. Refer to Plan for Municipal Services (attached) 10. Will the proposal require public services from any agency or district which is currently operating at or near capacity (including sewer, water, police, fire, or schools)? YES X NO If YES, please explain. Schools are operating at or near capacity and developers are workino with District to provide school facilities as discussed on page 27 of Development Plan text. ENVIRONMENTAL INFORMATION 1. State general description of topography. Alluvial wash, gently • sloping at approximately 4 1/2': grade. Refer to Exhibit 3 of Development Plan text for contour map, 2. Describe any existing improvements in the site as % of total area. Residential 0 % Agricultural 0 % Commercial 0 % Vacant 100 % Industrial 0 % Other 0 % 3. Describe the adjacent land uses. Primarily undeveloped, four single family residences to the east and southeast 4. Describe site alterations that will be produced by improvement projects associated with this proposed action. (grading, flow channelization, etc.) Refer to County approved Development Plan text for discussion of physical improvements to site. _i_ 5. b1i II service extensions accomplished by this proposal induce growth on . this site? YES K NO Adjacent sites? YES x NO Unincorporated __T_ Incorporated b. Is this project a part of a larger project or series of projects? YES _ NO ,_ If YES, please explain. NOTICES Please provide the names and addresses of persons woo are to be furnished copies of the agenda and staff report and who are to be given mailed notice of hearing. Name Joe Di lorio c/o the Carvn Comnany Address 10340 Foothill Blvd., Rancho Cucamonga, CA 91730 Name Otto Kroutil c/o City of Rancho Cucamonga Planning Division Address P.O. Box 807, Rancho Cucamonga, CA 91730 • Name Address CERTIOICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented herein are true and correct to the best of my knowledge and belief. Date: Phone: (714) 989 -1851 Signature of Applicant 9340 Baseline, Suite B Address Rancho Cucamonga, CA 91730 To be enclosed with this form: 5 copies of this Exhibit "A" 30 copies of the map 30 copies of the legal description 2 copies of the Voter Location List • -4- .v • PLAN FOR ;:uNl,u, SERV ICES • L. A. P. c. I CITY OF Rancho _Cucamonga SERVICE yV"I'0 in- i xri :,&E.I) AND TI IF:IR TIMING SERVICES CURRENT PROVIDER j FOR: (a) Total area (b) Partial area TIMING: �LL (a) i,wn diately (b) future - list approximate month F ear COST "r0 CITY (estimated) COST TO TAX - PAYER/ RESIDENT (estimated) Community Development Planning San Bernardino Count a) 240 acres a) March 1985 $ 3812.78 $. .06 Code Enforcement San Bernardino Count a) 240 acres a) March 1985 243.37 $ .003 Redevelopment None Provided None Planned 0 0 Leisure Services Parks None Provided b) 1986 $ 40.250 00 J. .63 Recreation None Provided b) 1986 incl. above above Library San Bernardino County a 240 acres No Change No ChanQp 0 -incl. 0 Museum San Bernardino County a) 240 acres 0 0 Public Safety Police County a) 240 acres to Change 3 139,802.00 $ 2.14 Fire Rescue Fnnthill Fire Oictrirt Foothill Fire District a) 240 acres a) 240 acres No Chanqe No Change 0 $ 0 0 Paramedic Foothill Fire District a) 240 acres NA 0 0 Ambulance Private Vendors a) 240 acres No Change 0 0 Animal Control San Bernardino County a) 240 acres No Change 0 0 *Please list approximate acreage to be served. SERVICES CURRENT PROVIDER FOR: (a) 'total area (5) Partial area TIMING: (a) immediately (b) future - list approximate month E year COST TO CITY (estimated) COST TO US- P%YERl RFSIDENT (estimated) Public Works Streets: Construction_ None Provided b) Dec. 1985 0 0 Maintenance None Provided b) March 1986 $ 37,338.00 S. .58 T_ Sweeping None Provided b) March 1986 _incl. above incl. above Lighting None Provided b) March 1986 0 D Flood Control San Bernardino County 240 acres No Change 0 0 Parking done Provided None Planned 0 0 Utilities Sewage Collection Cucamonga County Water Oi. a) 240 acres b) March 1986 _ 0 0 �0 Treatment Chino Basin PIWD a) 240 acres b March 1986 0 _ Disposal Chino Basin IIWD a) 240 acres b March 1986 0 0 �0 Rec l anti t i on Ch -.no Basin MWD a) 240 acres b March 1986 0 Water -- _ acquisition _ Cut. Co. Water District _ _ _ a) 240 acres b) March 1986 0 _ _ 0 �0 Storage Cuc. Co. Water District a) 240 acres b) March 1986 0 _ Distribution _ Cuc Co. Water District a) 240 acres b]_ Dec. 1986 _ 0 0 _ Cable TV Private Vendors a) 240 acres b) March 1986 _ 0 0 ^` Electricity SCE a) 240 acres b) March 1986 0 0 -- -- _ 0 Solid Waste a) 240 acres b) March 1986 0 Collection Private Vendors , ) 240 acres b) March 1986 0 0 Disposal Private Vendors a) 240 acres b) March 1986 0 _,_ — Transit Omni trans a) 240 acres b) March 1986 0 _ 0 OTHFRn AEk Please 9ach a narrative discussion of the services to bee.tended. RESOLUTION 40. P12- 19 -04R ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CARYN DEVELOPMENT COMPANY, KAUFMAN AND BROAD LAND COMPANY, AND MARLBOROUGH DEVELOPMENT CORPORATION, IN RELATION TO THE PROPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND THE PROPOSED FOOTHILL FREEWAY ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE ON THE EAST AND WEST WHEREAS, the above - described property is located within the established Sphere of Influence of the City, and is contiguous to current City limits: and WHEREAS, the annexation of the property will represent a logical extension of the City's boundaries and urban services; and WHEREAS, the County of San Bernardino has approved Tentative Tract Map No. 12642 in respect to a portion of the above- described property and the Final Development Plan and a Preliminary Development Plan for the balance of • the property; and WHEREAS, the City, prior to the issuance of the County Development Approvals, reviewed the proposed development as depicted in the County Development Approvals, and participated in the procedures initiated within the County culminating in the issuance of the County Development Approvals; and WHEREAS, following a duly advertised public hearing the City Council has reviewed the attached Annexation Agreement and determined that the annexation of the property to he City would be beneficial to the public purposes of the City, in that the property, developed in a manner authorized by the County Development Approvals and the Agreement would be consistent with the City's General Plan; and WHEREAS, the City Council of the City of Rancho Cucamonga desires to initiate proceedings for a Change of Organization (Annexation) in accordance with Government Code Section 56195 for the above described property. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve, determine, and order that the attached Annexation Agreement, (which is EXHIBIT A to this resolution, and is by this reference incorporated herein as though fully set forth) be approved and entered into as of the 19th day of December, 1984. Resolution No. P12- 19 -04R • Page 2 PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: Jon 0. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk • CJ • PLAN FOR MUNICIPAL SERVICES (Attachment) The purpose of this attachment to briefly outline the factors of consideration relative to this annexation request and to briefly expand upon the information presented in the Plan for Municipal Services form. FACTORS OF CONSIDERATION: A. Maximum Possible Service Area. The area proposed for annexation contains approximately 240 acres and is located fully within Rancho Cucamonga's Sphere of Influence. As the following information clearly indicates, the area in question is also clearly within the maximum possible service area of the City of Rancho Cucamonga. The area is adjacent to current City Limits on the south and west, and represents a logical extension of the City's jurisdiction. B. Range of Services. The City of Rancho Cucamonga is a general law city and is legally authorized as well as capable of providing the full range of necesary urban services within its boundaries. Currently, a full range of necessary urban services is provided within the City Limits by the City and by several independent districts cooperating with the City. The same level of service • provided by the City and its cooperating districts is proposed to be provided in the annexation area. C. Projected Future Population Growth The site is currently designated on the Coutny's West 'Valley Foothills Community Plan as Low Density Residential allowing up to four units to the acre (RES -4), except for the immediate northeast corner of Milliken and Highland which is designated for commercial uses. The City's General Plan also allows residential densities up to four dwelling units per acre on the site. D. T e of Develo went Occurrin or Planned. The County of San Bernardino has approved a deve opment project for this site (PUD 33 -0044, Tentative Tract 12672). The approved plan calls for the development of 902 single family dwellings on the site. The City has worked closely with the County and the developers in the preparation of the development plans, and following annexation, will permit development of the project in substantial conformance with the County approvals. E. Present and Future Service Needs. Due to the undeveloped nature of The site, current on -site service needs are minimal. They consist primarily of fire and police protection. It should be noted that this level of service will be clearly inadequate should the property develop in accordance with the County approved plans, and extensive urban services would be required prior to development regardless of whether such development would occur in the County or the City. The development of this site with 902 units, as approved by the County, would require sewer and water services, electricity, natural gas, telephone, solid waste disposal, police and fire Protection, schools, • libraries, parks and recreation, and other services normally associated with urban intensity development. As already noted, the City of Rancho Cucamonga and its cooperating districts are capable of providing a full range of required services. Local Agencies Presently Serving the Area. The study area is presently served by the following local agencies: Chino Basin Municipal Water District; Foothill Fire Protection District; San Bernardino County Sheriff's Department; Southern California Edison Company; Southern California Gas Company; Pacific Bell Telephone; San Bernardino County Department of Transportation and Flood Control; Etiwanda Elementary School District; Chaffey Joint Union High School District; County of San Bernardino Libraries. As already noted above, the level and range of services currently provided by these local agencies is minimal, and only adequate to meet present limited service needs. G. Social and Economic Interdependence. As already noted, the site is contiguous to the existing City boundaries on the south and west, and depends for access on existing and planned City circulation network. The site is closely related to the City of Rancho Cucamonga and will depend on the City and its associated districts for the necessary urban services. Residents of the site will also depend on businesses in the City for their commercial and economic needs. H. Agricultural Preserves. No part of the property is located within • any Williamson At Agricultural Preserves. II. MUNICIPAL SERVICES A. Sewer Service. Due to the undeveloped nature of the site, no sewer services are currently being provided. However, the site lies in the jurisdiction of Cucamonga County Water District for sewer collection and the China Basin Municipal Water District for waste treatment disposal and reclamation. Upon annexation by the City of Rancho Cucamonga, both Cucamonga County Water District and Chino Basin Municipal 'dater District will continue to be the service providers for the area. B. Water Services. No water services are currently being provided due to the undeveloped nature of the site. However, the site is located within the service boundaries of the Cucamonga County Water District, which will continue to be responsible for the provision of water to the site upon annexation. C. Cable Television. Cable service is not currently provided to the area. Upon annexation, Cable TV will be provided by private vendors under a City franchise. D. Electricit Electric service is and will continue to be provided by • outhern Ca ifornia Edison upon annexation and development of the site. -2- /a_ • E. Solid Waste. The site is currently not being served. Upon annexation, private vendors will provide both collection and disposal services under a franchise by the City of Rancho Cucamonga. F. Streets. With the exception of Route 30 along the southerly boundaries of the site, there are no streets or roads currently serving the area. Upon annexation and development of the site, the develooer will be responsible for construction of all public streets in accordance with County and City approvals. Upon substantial completion of the street improvements, the City will assume responsibility for maintenance and street sweeping. These costs are estimated at $37,333 per year. The ongoing cost of street lighting will be absorbed through an annexation to (or formation of) a lighting assessment district. G. Flood Control. Current flood control protection is provided by the San Bernardino County Flood Control District. Upon annexation, regional flood control issues affecting the site will continue to be controlled by the Flood Control District; local drainage and flood control protection will fall under the jursidiction of the City. H. Community Development. Current planning and code enforcement services are provided by San Bernardino County. Upon annexation, the City will assume full responsibility for the services at an estimated annual cost of $4,056. • I. Leisure Services. No parks and recreation services are currently ov being prided. Upon annexation and development of the site, the developer will be responsible for providing a 7 -acre park site, plus an extensive trail system throughout the project, in accordance with the County approvals. Upon completion of these improvements, the City will assume maintenance of the park site and trails. In addition, citywide recreation programs currently run by the City will become available to the new residents of the developed site. Finally, library and museum services, currently provided by San Bernardino County, will remain under the County's jurisdiction. J. Police Protection. Police protection is currently provided by the San � eirnardno County Sheriff's Rancho Cucamonga Substation. Upon annexation, the County Sheriff will continue to provide police services for the area. K. Fire Protection. The Foothill Fire Protection District currently provides fire and rescue services to the area. Upon annexation, the District will continue to provide the necessary services for the project site. No paramedic services are currently provided or planned. L. Ambulance Services. Private vendors currently provide ambulance services to the site. Upon annexation, these services will continue 40 to be provided by private vendors. 3- M. Animal Control. Animal control is currently provided by San • Bernardino County. Upon annexation, San Bernardino County will continue to provide animal control services. N. Schools. The site is located in the Chaffey Joint Union High School District and the Etiwanda Elementary School District. Upon annexation and development, the site will continue to be served by the Etiwanda Elementary School District (K -8) and Chaffey Joint Union High School District. Preliminary discussions with the Etiwanda School District indicate that much the remaining capacity of Summit Elementary School and the Etiwanda Intermediate School has been reserved for the first 757 homes in the Victoria Planned Community. Consequently, it will be necessary for this developer to work with the District to help provide a temporary or permanent school site, and to pay fees sufficient to provide temporary classroom facilities. The District prefers that the next school site be located in the Victoria Planned Community. However, another potential location for the school, as a fail -safe measure, is planned within the annexation area. Please consult the County approved development plan (PUD 83 -0044) for additional details. 111. SUMMARY The developer has all the necessary approvals by San, Bernardino County to proceed with the construction of their 902 dwelling unit project outside of the City Limits of Rancho Cucamonga. The site is located in the City's Sphere, it is contiguous to the City boundaries on the south and • west, and represents a logical extension of the current City Limits. The City, with assistance of its cooperating agencies, is authorized and capable of providing the full range of necessary urban services for the site. The annexation area is uninhabited and the City's petition for annexation is supported by 100% property owner consent. • -4- CGS r , U e • nrmv no n A Airrrn rl Tr A MnNre STAFF REPORT DATE: December 19, 1984 TO: Mayor and Members of City Council FROM: Lauren M. Wasserman, City Manager SUBJECT: FIRE DISTRICT ISSUE o' r F � oz 1977 After the failure of the Special Election to establish a Mello Roos Community Facilities District and improvement area for fire protection and facilities failed to receive the required two - thirds vote, the Foothill Fire Protection District Board sent a communication to the City requesting that development in the City be curtailed due a lack of firefighting capabilities unless an acceptable alternative can be proposed immediately within the development community. Since the receipt of the letter from the Fire District the City staff has been working with Fire Chief Dennis Michael to reconsider the formation of another Mello Roos Community Facilities District to provide fire protection facilities. It is our understanding that there is a greater level of support for the reestablishment of the Special District than previously existed with the last approach. Meetings have been scheduled and it is our view that the Fire District, the City, and the development community are all now working in accord to sponsor another Mello Roos Community Facilities District to make certain that adequate protection exists, not only in the industrial areas of our community, but also in the residential planned communitiea. RECOMMENDATION It is recommended that the City Council receive and file the recommendation of the Foothill Protection District since the District and the City are working to resolve the problem. If, however, the issue of fire protection cannot be resolved through the formation of another Mello Roos District the matter will surely be brought back to the City Council for review. Respectfully submitted, Lauren M. Wasserman City Manager LMW /kep I n:, • 111rt ,/, D �A,I rTl !fir I I ♦ 1 a~n/ STAFF REPORT DATE: December 5, 1984 TO: Mayor and Members of City Council FROM: Lauren M, Wasserman, City Managef SUBJECT: LEWIS HOMES AGREEMENT ' 400� Q/ :\ lq'7 Lewis Homes has redrafted the proposed agreement regarding schools in the Terra Vista Planned Comu;unity, As Council may recall, the original agreement submitted to the City also required approval by the School District as well as Levis Homes. That concept has now been changed. Lewis Homes has eliminated the three -party contract and substituted a separate agreement with the City regarding schools. The new agreement is much shorter than the previous agreement. In addition, the term of the agreement has been changed to be an indefinite time period until the Terra Vista community has been completed. It is significant to note that this agreement differs from the previously submitted proposal because it does not constrain future city councils. The primary provisions of the proposed agreement specify that the City will have the right to informally review school plane with the developer and school district. The City is accepting the school program in -lieu of any fees or other exations which could be imposed under present ordinances. In addition, any school fees for interim school facilities may not be collected from the Terra Vista project. As City Council may recall, the developer, Levis Homes has agreed to construct the necessary schools required by the Central School District. The purpose of the proposed agreement is to make certain that the agreement to construct schools is in -lieu of any other fees. RECOMMENDATION It is the view of staff that there is no reason for the City to sign an agreement with Lewis Homes regarding schools in Terra Vista. The agreement between the Central School District and Levis Homes adequately insures that schools will be built to serve residents of the planned community. The City's Growth Management Plan which was approved several years ago specifies that building permits may be issued for construction as long as adequate classroom space is available. Since the Central School District has signed an agreement to guarantee that elementary school space will be available, there appears to be no reason for the City to sign an agreement. CITY COUNCIL AGENDA Levis Homes Agreement December 5, 1984 Page 2 The purpose of City involvement should, in our opinion, be to protect both City interests and the interests of existing residents of our community from the potential of over crowded classrooms within the Central School District. Nov that the District and the developers have signed an agreement to guarantee adequate elementary schools within the Terra Vista Planned Community, there appears to be no need for city involvement in an agreement. At the time this report was prepared we had not City Attorney regarding the revisions. It is revisions may be suggested in the event the City into such an agreement with the developer. Respectfully submitted, Lauren M. Wasserman City Manager LMW /kep �9r received comments from the possible that additional Council wishes to enter E • u TERRA V/STA November 27, 1984 DELIVER BY MESSENGER Mr. Lauren M. Wasserman City Manager City of Rancho Cucamonga 9320 -C Base Line Road Rancho Cucamonga, CA 91730 Re: Agreement Regarding Terra Vista Schools Program Dear Lauren: As you know, we have been working since the November 7 City Council meeting to review our proposed agreement. Our aim has been to eliminate all sources of concern that were identified by the Council and bring back a readily approvable document. We hope the enclosed new agreement accomplishes this. • The changes we have made, briefly, are as follows: 1. The entire document has been simplified and shortened. 2. It is now a standard agreement rather than a statutory development agreement. 3. The term runs only through build -out of Terra Vista. 4. The City retains any rights of approval over school projects that it may have under present or future law. 5. Although the final authority rests with the State, we will informally review the plans for the school with City staff. 6. The City is accepting the school program in lieu of only two kinds Of potential exactions: a. Any fees or other exactions which could be imposed under the City's present ordinances. b. Any future school fees for interim school facilities. School fees are defined as charges imposed at the development stage. In other words, the agreement does not constrain any tax or other charge that is not development- related, nor does it constrain any is kind of financing mechanism for permanent schools. 1,56N Mr V(D &n 670 Uni.9nl CA 9'786 17141 995 0971 DeWPA):IIJ uv Lewis Hn'9es Mr. Lauren M. Wasserman Page 2 City of Rancho Cucamonga November 27. 1984 7. The previous agreement called for the District to certify, every • 60 days, that we were not in breach of the school agreement. We ha,,e eliminated this as unnecessarily cumbersome and not very meaningful. Instead, we have provided that the City need not issue permits if notified by the District that we are in breach. If the District ever feels that we are in breach, you would certainly be the first to hear about it. 8. The provision reagrding moratoriums has been changed to a statement of intent, with the City preserving its ability to deal with unfore- seen circumstances. We have tried, with these changes, to make this agreement one that the City will have no hesitation in approving. We would appreciate your reviewing the new agreement within the next day or two so that, if you feel areas of concern still remain, we can address them before Council agenda packets are prepared. If so, we will provide a corrected copy before Friday. We request that the continued public hearing on this agreement be set for December 5. Thank you for your help. Cordially, LEWIS HOMES OF CALIFORNIA Kay Matlock Project Manager /km F.nc cc: Robert E. Dougherty, Esq. 2, , 4 • • • ® 7FRRL4 VISI ' November 27, 1984 Robert E. Dougherty, Esq. Covington b Crowe 1131 West Sixth Street Ontario, CA 91762 Re: Agreement with City of Rancho Cucamonga Regarding Terra Vista Schools Program Dear Bob: We have made some major revisions to the Agreement between us and the City concerning the Terra Vista schools program. Our aim in these revisions has been to eliminate all the concerns that were raised by the Council when they reviewed the earlier version, and also to simplify the document. It is our goal to have a problem -free agreement included in the Council • packets this coming Friday, for their consideration next Wednesday. We would very much appreciate your reviewing the enclosed as quickly as possible so that, if you see any remaining concerns, we can address them before Friday. -lease call us (either Cary Lowe or myself) after you have looked this over. Thank you for your help. Cordially, LEWIS HOMES OF CALIFORNIA Ray Matlock Project Manager /km Enc. cc: Lauren M. Wasserman f7 -., `i purl l'� L' "n . Hm1r< y o/ 1156N kinunlam A,n PC) 9n• 610 Upland CA 91 786 I7I41 "985 0971 f7 -., `i purl l'� L' "n . Hm1r< y o/ • AGREEMENT This Agreement is made this day of 1984, by and between LEWIS HOMES OF CALIF6RIT, LEWIS OrVELOPMENTCU., and WESTERN PROPERTIES, all general partnerships (hereinafter called, collectively, "Lewis "), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter called the "City "). R E C I T A L S The Central School Distri C. of San Bernardino County (hereinafter called the "District ") serves a portion of the Terra Vista Planned Community (hereinafter called "Terra Vista "), as created by Ordinance No. 190 of the City of Rancho Cucamonga. That portion of Terra Vista which lies within the District and is affected by this Agreement (hereinafter called the "Property ") generally lies south of Base Line Road, west of the planned extension of Milliken Avenue, north of Foothill Boulevard, and east of Haven Avenue, and is more fully described as all of Section 1 of Township I South, Range 7 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California. B. Lewis and the District have entered into the Terra Vista School Facilities Agreement (hereinafter called the "School Agreement), pursuant to which Lewis will provide school facilities, deemed adequate by the District, or pay fees in lieu thereof, for all • students in grades kindergarten through eight, inclusive (hereinafter called "grades K -8 "), to be generated by development of the Property (hereinafter called the "school facilities "). C. In order to resolve possible ambiguities affecting the performance of Lewis and the District under the School Agreement, Lewis desires the City's ratification of certain matters contained therein, to the effect that the City will allow both Lewis and the District to perform their respective obligations as intended thereunder. D. The City desires that Lewis and the District carry out the School Agreement with minimal City involvement, and wishes to clarify its intentions so that provision of the school facilities may proceed as intended. The City also finds that this Agreement is consistent with the City's General Plan and the Terra Vista Community Plan. MATTERS OF AGREEMENT 1. Term of A reement. This Agreement shall remain in full force and e act unto such time as all residential units to be built upon the Property pursuant to the Terra Vista Community Plan have been constructed, or for a period of ten (10) years from the date hereof, whichever is sooner. 2. Desi n and Construction of School Facilities. In recognition of the act tat review, approva inspection, an other regulation of the design and construction of school facilities is a concern of the State Agreement Page 2 of California, the parties agree that, with respect to the school • facilities: a. All plans and related documents for the school facilities shall be reviewed and approved, as required, by the appropriate State agencies. - b. The City shall have the right to review and approve plans for onsite grading and drainage, plans for onsite street improve- ments, and any other specific aspect of the school facilities over which the City would normally have a right of approval in connection with public school projects. Lewis will pay plan check and inspection fees, as appropriate, for such work. C. Onsite street improvements constructed by Lewis shall meet City standards, notwithstanding any State regulations which customarily limit such improvements in connection with public school projects. d. Except as otherwise specifically provided herein, all plans, related documents, and improvements pertaining to the school facilities shall be exempt from any City review, approval, inspection, or regulation. Lewis will, however, consult informally with representatives of the City's Community Services and Community Development Departments and will consider and respond to any advisory comments they may offer. • e. Except as provided herein, all City fees or other exactions related to planning, zoning, subdivision, construction, installa- tion of relocatable structures, and provision of City services in connection therewith shall be waived with respect to design and development of the school facilities. 3. Satisfaction of School Fees and Exactions. In recognition of the District's acceptance of the School Ag reement as mitigation of all grades K -8 interim school facilities needs arising out of development of the Property, the parties agree that: The City shall accept Lewis' performance of its obligations under the School Agreement in lieu of any school fees for grades K -8 which might otherwise be imposed on the Property under present City ordinances and policies. "School fees," as used herein, shall mean any fees, dedications, assessments, taxes, or other exactions imposed on or as a condition of development of the Property, pertaining to school overcrowding or other aspects of educational facilities development, related to or arising out of residential development of the Property. The City will accept Lewis' performance under the School Agreement in lieu of any future school fees which might be Imposed for purposes of providing for grades K -8 interim school facilities. • Agreement Page 3 • C. As evidence of satisfactory performance of the School Agreement in lieu of such school fees, the City shall accept (i) a master certification letter issued by the District pursuant to the School Agreement and (ii) evidence of payment to the District of grades 7 -8 impaction fees when impaction exists, as provided by the School Agreement. Presentation of these documents shall entitle Lewis to receive from the City any permit or approval for which any other applicable requirements not related to schools have been satisfied. If, however, the City has received written notification from the District that Lewis is in material breach of the School Agreement, the City shall not be obligated to issue any such permit or approval until notified by the District that said breach has been cured or otherwise resolved. d. The City reserves the right to implement other forms of school construction financing mechanisms. The City shall, however, consult with the District, and give full and reasonable consid- eration to the District's recommendation, regarding the applica- tion of any such financing mechanism to the Property. e. The City recognizes the intent of the School Agreement that the Property should be exempt from any moratorium or similar action necessitated by lack of educational facilities to house students in grades K -8 generated by new development. The City does, however, reserve its power to invoke such controls in the event • that Lewis fails to perform under the School Agreement or in the event that the City reasonably determines that unforeseeable circumstances necessitate such action. 4. General Provisions. Notices hereunder shall be effective when personally delivered or forty -eight (48) hours after being deposited in a U.S, Postal Service mailbox, postage prepaid for registered or certified mail, return receipt requested. Addresses for notice shall be: For Lewis: For City: Lewis Homes of California City of Rancho Cucamonga 1156 N. Mountain Avenue 9320 -C Base Line Road P. 0. Box 670 P. 0. Box 807 Upland, CA 91785 Rancho Cucamonga, CA 91730 ATTENTION: General Counsel ATTENTION: City Manager b. This Agreement shall bind the successors and assigns of the parties. Lewis may assign its rights hereunder at any time. Lewis may assign its obligations hereunder only with the prior written consent of the City, which shall not be unreasonably withheld; provided, however, the City's consent shall not be required for any transfers between or among business entities controlled by, or in which more than fifty percent (50") capital interest is owned by, any one or more Lewis business entities or any one or more members of the Lewis family, consisting of Ralph M. Lewis, Goldy S. Lewis, Richard A. Lewis, Robert E. Lewis, Agreement Page 4 Roger G. Lewis, and Randall W. Lewis. The City shall have no • right of approval or disapproval of any sale or purchase of real property within the boundaries of the Property. C. In any action between or among the parties hereto related to this Agreement, the prevailing party shall be awarded its actual attorneys' fees and legal costs. d. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency, or other business relation between or among them. e. Any party alleging default of or breach of any of the terms or conditions of this Agreement shall give the party alleged to be in breach not less than thirty (30) days' written notice specify- ing the nature of the alleged default and the manner in which it may be satisfactorily cured. During any such thirty (30) -day period, the party charged may commence and thereafter diligently proceed to cure such default and, in such event, the party charged shall no longer be considered in default. f. The recitals to this Agreement are by this reference incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. • "LEWIS" "CITY" LEWIS HOMES OF CALIFORNIA, CITY OF RANCHO CUCAMONGA, a general partnership a municipal corporation By: By: Authorized gent Ma LEWIS DEVELOPMENT CO., ATTEST: a general partnership By: Authorized gent City Clerk — WESTERN PROPERTIES, APPROVED AS TO FORM: a general partnership By: Authorized gent City Attorney KM:CDL:drh /918e • 122784 LEWIS HOMES • 1156 Nam Mp tQO AafNM / P.O. Box 670 / Upland. G 91756 / M4 985-MI December 12, 1984 BY MESSENGER Mr. Lauren Wasserman City Manager City of Rancho Cucamonga 9320 -C Base Line Road Rancho Cucamonga, CA 91730 Re: Agreement with Central School District Dear Lauren: Enclosed please find a proposed draft of the Resolution which we discussed earlier today relating to the agreement between Lewis Homes and Central School District. I have limited the contents to include only the points most critical to us. Therefore, in reworking this draft into a final • version of the Resolution, I hope you will retain the substance if not the exact wording of my proposal. Also enclosed is a revised version of the Agreement previously proposed to the Council, and which we wish to have considered again at the next meet- ing. We expect to conclude our discussions with members of the Council regarding this document today, and will deliver a further revised version to you tomorrow if additional changes are made. Please let me know when your revised Resolution is available for our review. Thank you for your cooperation. Sincerely, LE'W,jb HOMES /� Cary D'. Lowe Senior Associate Counsel CDL:drh /900LW Enclosures E.] Resolution No. 84- Pagel RESOLUTION NO. A RESOLUTION OR THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE CONCEPT OF AN AGREEMENT BETWEEN LEWIS HOMES AND THE CENTRAL SCHOOL DISTRICT TO PROVIDE CLASSROOM FACILITIES FOR GRADES KINDERGARTEN THROUGH EIGHTH GRADE IN THE TERRA VISTA PLANNED COMMUNITY WHEREAS, the Central School District of San Bernardino County (hereinafter called 'the District ") serves a portion of the Terra Vista Planned Community (hereinafter called 'the Property ") being developed by Lewis Homes of California, Lewis Devel.,pment Company, and Western Properties, all general partnerships (hereinafter called, collectively, 'Lewis "), as created by Ordinance No. 190 of the City of Rancho Cucamonga (hereinafter called 'the City "); and WHEREAS, Lewis and the District have entered into the Terra Vista School Facilities Agreement (hereinafter called 'the School Agreement "), pursuant to which Levis will provide school facilities, deemed adequate by the • District, or pay fees in lieu thereof, for all students in grades kindergarten through eight, inclusive (hereinafter called "grades K -8 "), to be generated by development of the Property (hereinafter called the "school facilities "); and WHEREAS, the City desire$ that Lewis and the District carry out the School Agreement with minimal City involvement, and wishes to clarify its intentions and resolve certain possible ambiguities so that provision of the school facilities may proceed as intended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE AS FOLLOWS: 1. Design and Construction of School Facilities. In recognition of the fact that review, approval, inspection, and other regulation of the design and construction of school facilities is a concern of the State of California, the school facilities to be constructed or provided by Lewis pursuant to the School Agreement shall be treated by the City in all respects identically to similar facilities constructed or provided by the District. 2. Satisfaction of School Fees and Exactions. In recognition of the District's acceptance of the School Agreement as mitigation of all grades K -8 interim school facilities needs arising out of development of the Property, the City will accept Lewis' performance of its obligations under the School Agreement in lieu of any fees, dedications, assessments, taxes, or other exaction s% itipob'ed' on '�or as a condition of development of the Property, pertsini g to grades K -8 school overcrowding or other aspects of grades K -8 educational facilities development, related to or arising out of residential development of the Property which might otherwise be imposed on the Property under present City ordinances and policies, or which might be imposed for purposes of providing for grades K -8 interim school facilities in the future. Resolution No. 84- Page 2 3. Buildiaa Moratoria. The City recognizes the intent of the School Agreement that the Property should be exempt from any moratorium or similar action necessitated by lack of educational facilities to house grades R -8 students generated by new development, so long as Lewis performs its obligations under the School Agreement. 4. Application to Other Parties. This Resolution shall apply to any successors in interest of Lewis bound by the provisions of the School Agreement. PASSED, APPROVED, and ADOPTED this 19th day of December, 1984. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk • E L 0 \J E STAFF REPORT vn �G�&M���9 19-i DATE: December 19, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Deer Canyon School Access - Status Report At the October 3, 1984 Council meeting, staff presented a report on issues and options for dealing with reported access problems at the Deer Canyon School. At that time, Council directed Staff to further review specific design problems and to meet the the school district concerning park acquisition and cost sharing options. SCHOOL PARTICIPATION As a result of our meetings with school officials, it was determined that no school funds presently exist to participate in improvement of the street. The District presented us with copies of State Allocation Board of Regulations and sections of the Streets and Highways Code (see attached), which indicate that improvements beyond those felt appropriate by the State Allocation Board shall be born by the City. From this determination, it is apparent that the State deems the existing improvements adequate. PROPERTY ACQUISITION On the issue of acquisition of school properties for park purposes, the District tentatively indicated it would sell the property south of Hamilton Street to the City for the price they paid for it with no reduction for street dedication or improvement. Final negotiation on the park acquisition is in process and should be brought to the Council in the near future. DESIGN CONSTRAINTS The extension of Hamilton Street to Hermosa Avenue in advance of full park development would result in extensive interim improvements at the intersection to alleviate sight distance problems and to protect against damage from flooding on Hermosa. These expenses would not be incurred if the project is coordinated with park development or the Hermosa Avenue Improvement Program. Staff also has concerns about diverting traffic to Hermosa Avenue in storm conditions. This area is subject to severe flooding and frequent damage. Additional school related traffic should be discouraged from crossing Hermosa during these periods. Until completion of the Hermosa Avenue Storm Drain, it CITY COUNCIL STAFF REPORT Deer Canyon School Access - Status Report December 19, 1984 Page 2 • would be best to delay construction of Hamilton Street. The existing paved footpath can remain to serve pedestrian traffic. It should be pointed out that the Hermosa Street Improvement Program is the number one long -range priority project in the City and will receive primary funding commitments of funds beginning next fiscal year. Any diversion of funds to other projects will only delay completion of the Hermosa program. CONCLUSION AND RECOMMENDATION Certainly school access and circulation will be enhanced at such time as Hamilton Street is extended to Hermosa Avenue. The question becomes one of timing and cost effectiveness. It is staff's recommendation that construction be coordinated with the Hermosa Avenue Improvement Program and Park Development. Earlier construction would result in costly interim improvements and expose additional traffic to potential flood hazards. In discussing the issue with school officials, it was generally agreed that periodic traffic congestion around schools at times of special events and during storms is not unusual or unique to Deer Canyon School. The only remaining issue would seem to be provision for emergency access. Because two points of access are available, it would seem that options do exist to provide • adequate emergency access by alternate methods. These methods would best be explored between school officials and the Fire District. The Fire Chief has stated that in an emergency access will be accomplished. One final option previously discussed was the widening of Hamilton Street on the north fronting the school. This option would open the area to a degree and facilitate access opportunities. It is City policy to await adjacent development to accomplish these improvements. Premature construction would hamper our ability to minimize City costs for this widening. It is the opinion of Staff that the benefits of this alternative are marginal and that taken in the context of overall City needs, would receive low priority. If the Council wishes to pursue this option or any other early construction on Hamilton Street, it would be appropriate to have the Citizen's Advisory Commission review the project to determine how it relates to the City's overall Capital Improvement Program. Respectfully submitted, LSH,.6 a Attachments 1i J I 1 LJ Div, a ch. S HIGHWAY USERS TAX FUND § 2117.5 a§ 2117. Street or roml construction in connection with state- s§. ..n..., e. t.. =. I, aided school construction Wilt newt' a school list ricl constructs a school building for the n..u9'a .. 1'a. ;•. constiuct:on of which am apportionment is made pursuant to Cha Ii�rio�J�� �• „. .. , +er 8 Icomrmar!ng wi;h g:•ct inn 19 -1011 and Chapter 10 Icwnn;enting :,der s.m^, ;1. Ivith Sc,tion 195oll cf Dwisinn 14 of the Education Code and the city, city, and county, or coump in which such school building i; situ- ated requires the construction n[ any street or road connected with 1;u. t 7 s. the school pren•Jecs �n y: 11 ich such school building is const rue led, the •,rnor:m .I., ;, 1,71. State A!In'-a',ion Bonal shall review the requirement and recommend to the ^.ov, rnn:i 11.11'. of the •'sty, city :cod county or entinty a Nan of construction a:lagl ;ate to nave the needs of the school district and the safety of the pubic. If a dif[rrcnt plan of improvement nr heproyo- •1 ^'1 ment to higher slandards than that recommended hp th.> State :Vlo. ' cation Board is :'rnuit od by Y:r ;overt ing bode of the city. ; iD: and com:ly rq' county,, :i:e aPd;tiCnlil cost thereof shall bO bnru'• by ;he city, C!I'. and ccuntt', nr CGrltlly In whlell SUCII school ball(ill14 I5 vitU- e�l0e.um tAl. troy, aced. Not %ithstanding any other Provision of this code or any other Taro •+,a..... ... Te's� law :insult;; th^ put ^roses for t%ldch money apportionod to ?stile >, cit- 'maJ Lr :: r.l L,. Ics and clunt••r, •:r rounIles front the Hlgbovay Users Tax Ford nnay np, he exp,nled, nny ,, tho rnonoy ,o apportioned may he osnandod for the construction of III., stnsts m' roads referred to in this section. \olltine in this rcction shall he construed to require cn "h cost it by department item included in ar> chor;e made purnlmn to this section to be srpa- r;acly slated. 'h r[o:'n'.::n.o d for tieh (Formerly 1 203 added by Stats.193,, r. 1586, p. 4573, £ 1, Antende'1 It the. State by Stills. W3.1, r. 1:75, p. 1100, F 1. fl,numbcred e 2117 and amended y such C:" r,,;, by Sttis.1967. c. 1,121. V. 3378, : 19.7.1 Itielwiatl Will 9 A"will,• lo' 17 "1, Rr- . . _ ;t L r. a .,t:,a� ,d •t <rl - Pill. I, 1 1 M : I . l ;I. d�1 , ,.. wr.'.c t F 11 4, ., : :a. r >I:ri • ,i' ➢. ,' I C. )bi. ..t Y.,r.,..n: n:'e L 1 ^II 2117.5 P.r , f Knots for i s ;:nwnI of healmard dmriet and ac- gnisitimu and improvement di trlet bonds Vol "6.lur , t.r aa• ,!hot- provisl 'tit of Ihis clminer the hoard of super'.: >ns nl' iln: tlw� enp•, cut o: Iho nturogs to be I)cid to it out 579 0 -y // 3922 required to provide such utility .vrvico< by other agencies, reimburse- (Cont. 3) ment of ,11 costs directly attributable to those utility services, including • planning, test and inspection, must be cnvered by In acceptable reimhurse- nent agreement. OFF -Sil'E DEVELOPMENT _ 3921 '1'!u.• Cost of constructing; roads, streets, storm drainage lines, curbs, tuttcrs, sidewalk,, and street lighting sloop the perimeter of the site n1 :ry be in. hn!rd tit the prniect application. No costs for Inv item of -11 f -site !vvelopment is allowable if such costs can be construed as a gift of nuhlic Funds, by virtue (if henefitting adjacent properties without such nreecrtic•s enuitabl + sharing the cost of such development. I cnrr :l :1 +', these costs are for improvements rm property to be dedicated for unblic uee, and tha umn•uvements art- rcqu ircd Ili, lucal ordinance or by reason al boil:; rneludcd in :w improvement district. In order that a school district nay its fair :hare of off -site development and still conserve State funds for -. needed cln<srooms. D,•veinpment of a site, including existing improvements, ri.n• mn •x rrrl Ihr following stlnoarus: In+ vet pav utr (including existing paving). tine -half of the width of s •.L.'Vltlard residential street, un to a maximum of 20 feet from face of cirb to center line, on not more than two sides immediately adjacent to the site. Moadways of a width or standard greater than those of n normal suhdivisian m:rc he provided by the city or couple under Sac n o n ]117 of the Street and Ilirhwav ('ode or from other than State ,,d fund . IP; u:urbs, Bitters, and walks on not more than two sides immediately ad iacent to the site. In be included in .111 application when the i'f "i +x'1'V 111 Lite immediate area is so developed and only to such an extent ;1, .111 make the faci lit ivs on the site readily usable. The travirements of It standard subdivision also apply to these items. Any ;Intl ion of sidewalks in excess of five feet in width arc chargeable to reneral site development. (c) pun.ds for street tree .,,, street ne I signs, and street lights. Such cn,ts will not be financed unles 1/82 • CITY OF RANCHO CUCAMONGA ��cwaro� STAFF REPORT G� z j C i Ir 1917 FAT7October TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Paul A. Rougeau, Traffic Engineer SUBJECT: Circulation and Access Issues at Deer Canyon School At the opening of the Deer Canyon School for the 1984 -85 school year, traffic congestion was experienced, causing concern about emergency access and school bus movements. Staff has been directed to look into the seriousness of the problems and possible corrective action. Settin • Deer Canyon School is located on Hamilton Street, a partially developed local residential street and gains access from one direction only. This access also requires travel over a minimum of 800 feet of local residential streets. These streets provide width for only two lanes of traffic since they must serve the parking needs of the abutting property. Reported Problems Observations and reports indicate that, during times when a large number of parents use private cars to transport children to school, a backup of waitng cars occurs and results in a line of stopped vehicles extending out onto Hamilton Street. This stacking of vehicles, combined with illegal and legal parking along Hamilton Street, has impeded the movement of school busses and raised concerns about emergency vehicle access. The reported problem now occurs only during storms or at times when a school activity requires parents' presence. There is also a severe weekend parking shortage during soccer games, which results in illegal parking on Hamilton. Recent Action At the request of the Fire Marshall, the no parking zones near the school were reviewed by the Traffic Engineer. As a result, the signs for the existing zone along the north side of Hamilton were augmented and new parking prohibitions were placed into effect on the south side (Exhibit A). Along • with this, there will be increased enforcement effort by the Sheriff against Illegal parking. ;,3 CITY COUNCIL STAFF REPORT Circulation and Access Issues at Deer Canyon School October 3, 1984 Page 2 This action will provide school bus and emergency vehicle access, even during crowded conditions, provided all parking is in legal areas. PERMANENT IMPROVEMENTS Alternate Access Ideally, the school should be located on a through street, not only for emergency access but for the convenience of users and neighbors. School property extends to Hermosa Avenue, making it possible to extend Hamilton to Hermosa without the purchase of right -of -way from other properties. Exhibit 8 shows that the alignment of Hamilton would have to be shifted slightly south to accomplish this. This would require slight reconstruction of existing improvements at the parking lot and would result in an acceptable intersection on Hermosa. (Grade differential at Hermosa necessitates the use of a full 60 feet of right -of -way.) This work would provide a second access and additional on- street parking and would solve the congestion problem during bad weather. The cost is shown on Exhibit B. The use of sixty feet of this portion of the school property for a street would affect the process of its acquisition as park property, which is • underway at this time. Additional Widening As an aid to circulation for busses and fire trucks, widening could be accomplished along the school frontage within existing right -of -way and by purchasing 140 feet of right -of -way as shown on Exhibit C. With parking restrictions and special striping, this work would reduce congestion without the extension to Hermosa. The cost is shown on Exhibit C. Proper Circulation Ultimately, upon the development of the portion of the school property adjacent to Hermosa, or the property to the north, Hamilton should be extended to provide proper circulation for the area. Exhibit 0 shows an additional alternate for a Hamilton Street extension which would minimize right -of -way purchases of non - school property and reduce the street width so that there would be no parking available on the street. This would, however, leave the completion of the street to the developers of the adjacent property. Respacjfully submitCed,,,, LBH:PAR:f a • Attachments 7 /c/ V.� • CITY OF RANCHO CUCAMONGA a z; s a cal - 5 1977 I AV OV315'IVH W 0 N a 2 CITY OF RANCHO CUCANIONGA a �1S 3 i 'Av OV31SIVH y O J Q V Al. n V Lr N� Vy 0 Sb I� F a 3 u 0 C 2 r e N I-"'i LJ • • CITY OF RANCHO CUCAMONGA a ;z .a/7 \c cco�.HOhc z s 1977 AV OV31S"IVH 0 g a • o o g s o Q) J N� �I Q i V � Z �2 W = V O/ d0 O �O �O O M CD IBIT CITY OF RANCHO CUCAMONGA a/? AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND OWNERS OF THE MOBILE HOME PARKS WITHIN RANCHO CUCAMONGA PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT This Agreement, which shall be known as "THE MOBILE HOME PARK ACCORD," is made and entered into by and between the City of Rancho Cucamonga, California, hereinafter referred to as "City" and the owners of all of the mobile home parks within the City, hereinafter individually and collectively referred to as "Owner," this ___ day of 19_, and provides as follows: WITNESSETH: WHEREAS, there exists within the City and the surrounding areas a serious shortage of mobile home rental spaces, which has resulted in low vacancy rates and rising space rents; and WHEREAS, because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative home sites for mobile home residences and the substantial investment of mobile home owners in such homes, there exists a virtual monopoly in the rental of mobile home park spaces; and WHEREAS, it is necessary to protect the residents of mobile homes from unreasonable space rent increases, while at the same time recognizing the need for mobile home park owners to receive a just and reasonable income sufficient to cover the costs of repairs, maintenance, insurance, employee services, additional amenities and other operations, as well as a just and reasonable return on investment; and WHEREAS, decisions of a rent stablization board or similar decision - making body may not necessarily fulfill the intent of protecting mobile home residents from unreasonable space rent increases, nor do such decisions always provide an owner with the opportunity for a just and reasonable income sufficient to operate a mobile home park, and to gain a fair and reasonable return on investment; and WHEREAS, concerns among residents and owners of mobile home parks over rent increases and other park - related situations can often best be resolved between the two par- ties, provided there exists the incentive for both parties to negotiate in good faith and reach agreeement; and WHEREAS, it is the intent of this Accord to protect mobile home park residents from unreasonable space rent increases, while providing an inc^ntive to both Owners and residents to negotiate future rental contracts in good faith and to reach agreement therefrom; and WHEREAS, the City Council has adopted Resolution No. 332 which creates a residence committee in each of the eight mobile home parks, and which authorizes a mayor to execute this Agreement on behalf the City; NOW, THEREFORE, the parties agree as follows: 1. Recitals. The above recitals are incorporated into this Agreement. 2. Consideration. In consideration of Owner entering into this Agreement, and Owner keeping and performing all of the terms, covenants and conditions to be kept and performed by Owner, City agrees that the City Council shall lay on the table, forthwith, Ordinance No. 245 pertaining to mobile home park rent control and the City Council will not extend Ordinance No. 231. In further consideration, City agrees that during the term of this Agreement, provided that no Owner is in breach of this Agreement, the City Council of City shall not enact any ordinance, resolution, or other regulation which imposes restrictions upon or otherwise controls the increase or decrease of mobile home space rents. 3. Definitions. For purposes of this Agreement the following words and phrases shall have the meanings herein- after stated: A. "Capital Improvement" shall mean any addition or betterment made to a mobile home park which consists of more than mere repairs or replacements of existing facilities or improvements, and which have a useful life of five (5) or more years. B. "Consumer Price Index" (CPI) shall mean the average of the Consumer Price Index for Urban Consumers (CPIU) and Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW) as published for the Los Angeles - Long Beach - Anaheim area by the V.S. Department of Labor, Bureau of Labor Statistics. C. "Mobile Home" shall mean a dwelling unit, other than a motor vehicle or recreational vehicle, designed or used for human habitation. D. "Mobile Home Park" shall mean any area of land within the City where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used fot human habitation. E. "Mobile Home Space" shall mean the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or accommodation of a recreational vehicle. F. "Owner" shall include the owner or operator of a mobile home park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. G. "Rent" shall mean the consideration, including services, amenities, and benefits in connection with the use and occupancy of a mobile home space. H. "Resident" shall mean any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or rental or lease arrangement with the owner of the subject dwelling unit. I. "Resident Committee" shall mean that five- member committee for each mobile home park established by resolution of the City Council. 4. Term. The term of this Agreement shall begin on the latter of January 1, 1985, or the date on which all Owners have signed this Agreement, and shall end at 11:59 p.m., on December 31, 1987. 5. APDlicability. A. The provisions of this Agreement shall apply to all mobile home parks and all mobile home spaces within the City, except as provided in subparagraph B. B. This Agreement shall not apply to mobile home spaces covered by leases at the effective date of this Agreement, which provide for more than month -to -month tenancy, but only for the duration of such lease. Upon the expiration or other termination of any such lease, all provisions of this Agreement shall immediately be applicable to the mobile home space. C. None of the provisions of this Agreement shall preclude a mobile park resident from entering into a written lease with an Owner. Any resident who is a party to a lease which is in existence on the effective date of this Agreement shall be'given an opportunity to cancel such lease by giving written notice thereof to Owner within the sixty -day period following the effective date of this Agree- ment. If a lease is cancelled pursuant to this subpara- graph, the provisions of this Agreement shall immediately be applicable to the mobile home space. D. This Agreement shall not be effective for any purpose until it has been executed by duly authorized repre- sentatives of the Owners of all mobile home parks which are situated in the City as of December 1, 1984. If this Agree- ment is not signed by or on behalf of all such Owners by December 31, 1984, the City may, but is not required to, extend the time during which Owners may execute this Agree- ment and the length of any such time extension shall be at the discretion of the City Council. E. Nothing in this Agreement shall be deemed to impose any obligation upon any Owner with respect to a mobile home park not subject to such Owner's control. 6. Mobile Home Park Re istration. Within sixty (60) days of written notice y the City Clerk, all Owners shall be required to file with the City Clerk a Rent Registration Statement for each mobile home space affected by this Agree- ment. The City Clerk shall devise such registration forms so as to call for information necessary to carry out the purposes and policies of this Agreement, and shall mail such forms to all Owners in sufficient time as to allow such Owners to file their Registration Statements. Rent Adjustment. A. Advance Notice of: At least sixty (60) days prior to the effective date of a rental adjustment, the Owner shall serve all affected residents, either personally or by mail, with notice of the proposed adjustment in accordance with state law. Said notice shall also include the recent consumer price index as established by the City Manager. Within three (3) days of notice to park residents of a rent adjustment, the Owner shall provide the City Clerk with the following information: (1) The effective date of the noticed adjustment; (2) Identification of the mobile home spaces affected; (3) The amount of the rent prior to the effective date of the notice for each of those mobile home spaces; (4) The amount of the increase (in dollars) for each of those mobile home spaces. (5) The quantity and identity of spaces under lease. H. Period of: No rental adjustment for a mobile home space shall be noticed or permitted or enforced more frequently than once every 365 days. C. Maximum Allowable Adjustment: (1) Once each year, an Owner shall be per- mitted to increase rents in excess of that which were law- fully charged during the previous year based upon the fol- lowing maximum of the change of the CPI as defined herein and as established by the City Manager. (a) One hundred and twenty five percent (1259) of the first six percent (69) change of the CPI; and (b) one hundred percent (1009) of any change of the CPI which is in excess of six percent (69). (2) In addition to the changes permitted by subparagraph (1) above, Owner may be granted an increase or decrease in rent in the event of a change in the taxes, assessments, or levies imposed upon the mobile home park by local, state or federal government agencies. Justification of an additional increase must be approved by the City before notice of such is made to any park resident. (3) Monthly, beginning on the effective date of this Agreement, the City Manager shall determine the most recently published CPI which the City Clerk shall record. The City Clerk, upon request, shall notify an Owner of such maximum allowable percentage change involved in a rent adjustment, as of the date of the request. (4) Computation of rent increases allowable under this Section shall be according to the following formula: Multiply the base rent and the allowable percentage adjustment in the CPI as provided herein to 5 determine the maximum allowable rent adjustment, to which shall be aded any additional increases for Laxes, assessments or levies, the sum of which shall be rounded off to the nearest dollar. D. No Adjustment Allowed: In the event an Owner attempts to increase without complying with the provisions of this Agreement such an increase shall be deemed null and void, and residents shall not be required to pay such increase, E. In the event the park residents' committee questions the validity of a rent increase request exceeding one hundred (1008) of the CPI, said committee may request City to call a meeting of the Owner, committee chairman, and City officials to review said request. Owner agrees to meet with City and residents' committee chairman and shall provide documentation explaining the validity of any rent request as provided herein. F. Any percentage increase in excess of one hundred percent (1008) of the CPI, excluding increases due to changes in taxes, assessments or levies, shall be used for capital improvements at the mobile home park which will benefit the residents, 7. Responsibilities of Owner, A. Park Services: Owner agrees that during the term of this Agreement Owner shall furnish all of the facilities and utilities Listed on Exhibit "A" hereto to all eligible residents at no extra charge. Owner also agrees to provide and maintain in satisfactory working order and con- dition, during the term of this Agreement, all physical improvements and common facilities and areas within the mobile home park which are listed on Exhibit "A" hereto. Owner shall also comply with all requirements set forth in the Mobile Home Residency Law. Notwithstanding the fore- going, with the consent of City, Owner may reduce or elimi- nate a service within the mobile home park or to any resi- dent which does not affect the health, safety and welfare of any resident, provided that a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the residents in the form of a decrease in rent. B. Meeting with Residents: The Owner shall meet upon reasonable notice with the residents committee recognized by Resolution of the City Council as required by the Mobile Home Residency Law. It shall be presumed that the intent of good faith negotiation as established under this Agreement shall be practiced by the Owner and residents committee in attempting to reach agreement and resolve resident concArns. There shall be a minimum of one meeting per year to discuss park welfare in general or city and community items of importance. 8. Renegotiation at Expiration of Agreement. Within the six (6) month period prior to the termination of this Agreement, Owner and City may renegotiate the terms of this Agreement. 9. Remedies. A. No monetary damages, costs or attorneys' fees shall be recovered by Owner against City, or any officer or employee of City, in an action for alleged breach of this Agreement by City, it being expressly agreed that Owner's sole remedy in an action against City, or any officer or employee of City, is injunctive relief to the extent authorized by law. B. City shall have the right, but not the obligation, to enforce the provisions of this Agreement on behalf of a resident or residents in the event of breach of or non - compliance with this Agreement by Owner. C. Any resident aggrieved by a breach of or non - compliance with this Agreement by an Owner shall, as a third party beneficiary of this Agreement, have the right on such resident's own behalf to prosecute a civil action against Owner, in any court of competent jurisdiction, to enforce the provisions of this Agreement or recover damages for the breach hereof. 10. Miscellaneous. A. This Agreement shall be interpreted according to the laws of the State of California. B. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of each Owner. C. If any provision of this Agreement or the application thereof to any person or circumstance is held to be unlawful or is otherwise invalidated by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this a Agreement which can be implemented without the invalid provision or application, and to this end, the provisions of this Agreement are deemed to be severable. D. ' To the extent that the context of this Agreement so requires, the singular shall include the plural and the masculine, feminine and neuter genders shall each include the other. E. This Agreement may not be altered, amended or revoked except by an instrument in writing executed by City and all Owners. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF RANCHO CUCAMONGA ATTEST: BY: Jon D. N,ikels, Mayor CITY CLERK OWNER: APPROVED AS TO FORM: ALTA LAGUNA MOBILE HOME ESTATES Robert E. Dougherty, BY: City Attorney ALTA VISTA MOBILE HOME PARK BY: CASA VOLANTE MOBILE HOME PARK BY: CHAPARRAL HEIGHTS MOBILE HOME PARK BY: FOOTHILL MOBILE MANOR BY: THE PINES MOBILE HOME PARK BY: 8 h:rc RAMONA VILLA MOBILE ROME PARK BY: SYCAMORE VILLA MOBILE HOME PARR BY: < > CITY OF RANCHO CUCAMONGA °C = Myw Jon D. 144,04 O O > A Cevi(wn{m 'J I � �j> l'lurks J. B,paei 11 Jethee Rini i97 RkWdM. OW Pamek J.Wrighf December 20, 1984 California Debt Limit Allocation Committee Post Office Box 1919 Sacramento, California 95809 RE: NOTIFICATION OF ASSIGNMENT OF ALLOCATION Dear Committee Members: You are hereby notified, pursuant to Section 7(b) of that certain Proclamation of the Governor dated duly 19, 1984, t'nat the City of Rancho Cucamonga has assigned to the Redevelopment .Agency of the City of Nest Covina its allocation under Section 103(n) of the Internal Revenue Code of 1954, as amended, for calendar year 1984 in the amount of $3,203,000. Very truly yours, Beverly Authelet City Clerk By: _ LaA,, �. 6a.-k. 1ia,o.ct' Karen . au puty ty ClOrk BA:cv 1140 RA881,I24E ROAD, SUITE C s POST OFFICE BOX 807 • RANCHO CUCAMONGA. CALIFORNIA 11734 s (711) MMS11 t CITY OF RANCHO CUCAMONGA MEMORANDUM 1977 DATE: December 14, 1984 TO: Members of the City Council and City Manager FROM: Jack Lam, AICP, Director of Community Development SUBJECT: CARYN ANNEXATION In addition +o 'he staff report and materials in your agenda pact., t, ., ta.hed is the annexation agreement, related documents and pieces of correspondence from the principals in the Caryn property annexation, including a letter from Mr. J. DiIorio regarding the possibility of property donation to the City. JACK LAM, AICP Community Development Director /jk Attach. JOSEPH N. Ddoeto t 10340 FOOTHILL BOULEVARD, RANCHO CUCAMONGA. CALIFORNIA 01730 17141 OSM3040 November 15, 1984 Mayor Jon Mikels City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, California 91730 Dear Jon: As we discussed during the last several years, much progress has been made in connection with the ultimate development of Highway 30. I think that all of us associated with the City of Rancho Cucamonga realize the importance of this transportation link to the continued vitality of our City. It now appears, however, that the State is unwilling to commit major re- sources to the project unless there is a showing of substantial support from local government. With this in mind, I would like to discuss an offer to the City of Rancho Cucamonga of a gift of property lying within the proposed right -of -way for the Highway. This property is currently owned by my family's Caryn Company, and is scheduled to be sold to me as an individual. The possibility of a gift on the property is made in hopes that the State will see this as a major step in the City's contribution to this very significant transportation problem. I would hope that we could sit down in the near future and discuss the details of this gift. Very truly JND /jas cc: Mr. Jack Lam Mr. Clyde W. Lane Mr. Wes McDaniels Mr. Michael J. Romeo THE CARYN COMPANY 1.3 . 1.0�11L oou�eveno. nnrvn+o euennrorv.e. cnuvonrvin 9113. b,el .0...o p.e1 eue.�syv Mr. Jack Lam Director, Community Development City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, California 91730 Re: Annexation Agreement Dear Jack: December 12, 1984 or fi, yLi o COC q V(0"Tr ER' E , Opi AMC PL ,1ENT DEPT. OEC1;1984 'M i 3141 516 5 This will confirm to you that The Caryn Development Company is in substantial agreement with the terms and conditions of the proposed Annexation Agreement with the City of Rancho Cucamonga. Since our Counsel hasn't reviewed all of the terms and conditions of the proposed Annexation Agreement, The Caryn Development Company's agreement to wit is subject to any agreed upon language changes as may be worked out with the City of Rancho Cucamonga. Very truly yours, ?,,ph N. DiIorio President KAUFMAN AND BROAD LAND COMPANY 11601 Wilshire Boulevard Los Angeles, California 90025 December 01 1984 Mr. Jack Lam Director of Community Development City of Rancho Cucamonga 9340 Baseline Avenue Rancho Cucamonga, California 91730 Dear Jack: r oil E natiFyT DEPT. DEC i . ad 1384 1 8 1 9110 1111L1112131415 6 This will confirm to you that The Caryn Development Company is in substantial agreement with the terms and conditions of the proposed Annexation Agreement with the City of Rancho Cucamonga. Since our counsel has not reviewed all of the terms and condi- tions of the proposed Annexation Agreement, The Caryn Development Company's agreement to it is subject to any agreed upon language changes as may be worked out with the City of Rancho Cucamonga. Very truly yours, . L� V' Pre d nt RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga 9320 "C" Baseline Road Rancho Cucamonga, CA 91730 -0807 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (the "Agreement ") is made and entered into as of the-day of , 1984, by the CITY OF RANCHO CUCAMONGA ( "City, ") a municipal corporation, THE CARYN DEVELOPMENT COMPANY ( "Caryn, ") a California corporation, KAUFMAN AND BROAD LAND COMPANY ( "K & B, ") a California corporation, and MARLBOROUGH DEVELOPMENT CORPORATION ( "MDC, ") a California corporation. Caryn, K & 8 and MDC are sometimes herein referred to collectively as "Owner." RECITALS WHEREAS, Caryn is the fee owner of the real property located in the unincorporated portion of the County of San Bernardino, State of California ( "County, ") legally described on Exhibit A which is attached hereto and by this reference made a part hereof ( "Caryn Property. ") For purposes of this Agreement, the term "Property" shall mean and include the Caryn Property, and the parcels of real property described in Exhibit A -1 which is attached to this agreement and by this reference made a part of it. Pursuant to written Option agreements, Caryn has granted to K & B and to MDC, severally, options to acquire the Property from Caryn. WHEREAS, the County has approved Tentative Tract Map No. 12642 in respect to a portion of the Property, (which portion is herein referred to as "Phase i,") the Final Development Plan for Phase I and a Preliminary Development Plan for the balance of the Property; said Development Plans bear the designation PUD 83 -0044, W 113 -61. The Tentative Tract Map and Development Plans were approved subject to the conditions of approval ( "Conditions of Approval') attached hereto as Exhibit B. The County has also issued its Certificate of Compliance with respect to the large lot division of the Property as depicted on Exhibit C attached hereto. The approvals by the County of said Tentative Tract Map, Development Plans and the issuance of the Certificate of Compliance are sometimes hereinafter referred to as the 'County Development Approvals." WHEREAS, the City, prior to the issuance of the County Development Approvals, reviewed the proposed development by Owner as depicted in the County Development Approvals, and participated in the procedures initiated within the County culminating in the issuance of the County Development Approvals. WHEREAS, the City has determined that the annexation of the Property to the City would be beneficial to the public purposes of the City, in that the Property, developed in a manner authorized by the County Development Approvals, would be consistent with the City's General Plan. WHEREAS, Owner, and each of them, are agreeable to the annexation of the Property to the City provided the City shall issue the 'City Development Approvals," (as hereinafter defined), and such annexation is otherwise on the terms and subject to the conditions hereinafter set forth; and -2- WHEREAS, the parties hereto intend that, Concurrently with the annexation of the Property to the City, and without the necessity of any further discretionary action by or on behalf of the City, this agreement is and shall be a Development Agreement as authorized by Section 65864, et seq, of the California Government Code, it being understood and agreed that all activities required to be taken pursuant to Government Code Section 65864 et seq, have been or will have been taken in order to constitute this agreement as a Development Agreement. NOW, THEREFORE, in consideration of the promises, mutual covenants herein contained, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1.0 Annexation. 1.1 City. City agrees to annex the Property to the City and in a prompt and good faith manner take all actions authorized or required by any applicable law in order to annex the property. The City has heretofore or concurrently herewith adopted a Resolution of Application to Annex and shall submit the appropriate proposal for annexation of the property to the Local Agency Formation Commission of San Bernardino County ( "LAFCO ") forthwith, and agrees to comply with all reasonable and normal conditions and requests for additional information and documents, imposed by LAFCO in connection with the annexation proposal. The city agrees to negotiate in good faith with the County as to the real property tax exchange between the City and the County to the end that such exchange is agreed upon at the earliest possible time. Thereafter, and -3- provided (a) Owner has provided to LAFCO the consents of all 'landowners," (as defined in Section 35151 of the California Government Code) within the property, and (b) LAFCO authorizes the City to conduct the annexation proceedings pursuant to such section without notice and hearing and without an election, the City agrees to do so as authorized by said Section 35151. In the event Owner does not provide the consents of all such 'landowners,' the City shall nevertheless proceed with the annexation procedures for Phase I under Government Code Section 35151, and with the annexation for the balance of the property upon whatever notice and hearing is required by LAFCO, if permitted to do so by LAFCO. Notwithstanding the foregoing, City agrees that. it shall not adopt a resolution ordering the annexation of the property to the City, nor authorize the Clerk of the City to transmit a certified copy of such resolution pursuant to Section 35350 of the California Government Code to the Executive Officer of LAFCO until such time as Owner shall have given written confirmation to the City that the "City Development Approvals' (as hereinafter defined) have been issued and are acceptable to Owner, and the other conditions of Paragraph 3.2 hereof have been satisfied. 1.2 Mello -Roos and Lighting and Landscaping Districts. city and Owner hereby agree to use their best efforts to cause the annexation of the Property to (a) the Day Creek Mello -Roos District established and existing within the City for the installation, maintenance and provision of flood control and drainage facilities, which, when constructed, will -4- benefit the Property, and (b) the Lighting and Landscaping District established and existing within the City so as to provide the Property with all services presently provided to other properties within the City by such district. The City shall consider annexation to such other special benefit assessment districts as may be requested from time to time by Owner. The annexation of the Property to each of such districts shall be accomplished at the earliest possible time, (but in no event prior to the annexation of the Property to the City), and shall be on terms and conditions generally applicable to other properties presently within such districts. Provided, however, that no assessment shall be made under the 1972 Landscaping and Lighting Act until 60% occupancy of each tract. 1.3 Fees. City and Owner agree that the City's fees and exactions for development of the Property shall be modified as follows if due and paid before the Termination Date of this Agreement. a. School Fees. Fees for schools and schooling shall be paid solely in accordance with City Ordinance No. 69 -C as the same exists as of the date hereof. b. Building Permit and Construction Fees. Plan check and building and construction permit fees shall be paid in accordance with the City's fee schedule as it exists at the time Owner submits appropriate applications for building or construction permits; provided, -5- however, that if the building and construction permit fee schedule, as it exists as of the date of this agreement, is amended to impose a fee, exaction or imposition to reimburse the City for its costs, or otherwise defray the cost to the City, of providing a service which is not presently provided by the City, nor within the scope of services or purposes contemplated by the Uniform Building Code, Owner shall not be obligated to pay such additional fee, charge, exaction or imposition. C. Storm Drain Pees. Inasmuch as the storm drains required by the County Development Approvals exceed the standards of the City, no storm drain fees of any kind will be required of Owner if Property is developed to the requirements of the County Development Approvals, as the same are made part of the City Development Approvals. d. Recreation and Park Bees. Inasmuch as the 'park site' (as hereinafter defined) and other open space required by the County Development Approvals, to be developed and dedicated or donated by Owner to the City, meets the standards and requirements of the City, no park or recreation fees will be required of owner if the Property is -6- developed to the standards of the County Development Approvals, as the same are made part of the City Development Approvals. e. Traffic Mitigation Fee. The Traffic Mitigation Fee described in Condition of Approval No. 84 shall be reduced to Thirty -five thousand dollars, ($35,000.00.) f. Other Fees. Owner shall not be required to pay the City's Beautification Fees or Systems Development Fees. No other fees or other charges shall be imposed upon Owner in connection with the development of the property in accordance with the City Development Approvals for any of the purposes or services mentioned in this Section 1.3 prior to the Termination Date of this Agreement. 2.0 Ptezoning of the Property. 2.1 Hearings. Pursuant to California Government Code Section 65859, City shall initiate the appropriate proceedings for the establishment of the zoning classification of the residential portion of the Property as Planned Community, which zoning classification shall become effective upon the annexation of the Property to the City. The City agrees to use its best efforts to set the prezoning for public hearing before the City's Planning Commission on January 9, 1984, and before the City Council (for the first reading) on January 16, 1985, and before the City Council (for the second reading) on February 6, 1985, it being understood and agreed that if, despite the City's best efforts, the prezoning cannot be placed -7- before either the Planning Commission or the City Council on such respective dates, the City shall use its best efforts to set such matter before the Planning Commission and City Council, respectively, at the earliest possible times thereafter. 2.2 Environmental Review. In connection with such prezoning, the City agrees to undertake all necessary and appropriate review and evaluation of the potential environmental impact of such prezoning and the development of the Property in accordance with the Development Approvals, and shall be the 'lead agency• for purposes of the California Environmental Quality Act. City acknowledges that the County has issued a negative declaration in connection with Owner's development of the Property in accordance with the County Development Approvals. The City shall cause such environmental processing and evaluation necessary for the prezoning and the development of the Property in accordance with the Development Approvals to be obtained on a timely basis and in conformity with all applicable legal requirements. 3.0 Tentative Map Approval and Planned Community Text Approval. 3.1 City Development Approvals. Owner has heretofore, or concurrently herewith, submitted to the City, for approval by the City, (pursuant to California Government Code Section 66454), Tentative Tract Map No. 12642, the Development Plan PUD 83 -0044 W113 -61, and an application for parcel map approval as contemplated by the Certificate of Compliance issued by the County and identified on Exhibit C -8- hereto. The Development Plan is or shall be submitted to the City as the Planned Community Text for Phase I and subsequent phases of the balance of the Property. City agrees to process said Tentative Tract Map, Planned Community Text and application for parcel map and this Agreement as a Development Agreement, in a prompt, efficient and continuous manner, to the end that the Tentative Tract Map, Planned Community Text, parcel map, and this Agreement as a Development Agreement are submitted to the Planning Commission, for public hearing, at its meeting scheduled for January 9, 1985, and if approved by the Planning Commission without appeal, the Planned Community Text shall be submitted to the City Council for public hearing at the City Council's meeting established for January 16, 1985. In the event that, despite City's best efforts, such matters cannot be heard at such times, the City agrees to use its best efforts to set such matters before the Planning Commission or City Council, as the case may be, at the earliest possible time thereafter. As used herein, the term "City Development Approvals" shall mean and refer to the approval of the Tentative Tract Map, Planned Community Text for Phase I and for subsequent phases of the balance of the Property, parcel map, zoning classification for the Property, and the Agreement as a Development Agreement. 3.2 Confirmation. If the City Development Approvals are in turn "Approved" (as hereinafter defined) pending annexation pursuant to Paragraph 2.0 hereof, Owner agrees to give City written notice of such "Approval ". Ninety days after completion of the City Development Approvals by City, and -9- provided that no proceeding or action challenging any aspect of the City Development Approvals has been commenced during that period which would prohibit or invalidate such approvals, or inhibit Owner in the development of the Property, City may transmit the certified copy of the resolution annexing the Property to the City pursuant to California Government Code Section 35350. Provided, City shall transmit the certified copy of the resolution annexing the Property to the City before the expiration of said ninety day period if requested to do so by the Owner. If any such action or proceeding has commenced, Owner shall have the right to extend the ninety day period for an additional thirty days. Such extension shall be to permit owner to record its final maps prior to annexation so that the provisions of Government Code Section 66413(a) may apply. For purposes hereof, the terms "Approved" or "Approval" shall mean that the City has granted the City Development Approvals, subject to and conditioned upon only such Conditions of Approval as are mutually agreeable to the City and Owner, and are no more onerous than the Conditions of Approval set forth on Exhibit B hereto, as modified by Exhibit B -1; and that all appeal periods shall have expired without any such appeal having been taken, or if an appeal has been taken, the City Council shall have approved the matter, and no discretionary action by the City is required to make the City Development Approvals final. 3.3 Revocation of Consent. If Owner and City do not mutually approve the City Development Approvals, Owner's consent and agreement to the annexation of the Property to the -10- City shall be deemed revoked and of no force and effect, and City agrees to abandon the Application for Annexation adopted concurrently herewith and shall not use the consents to annexation from Owner secured as part of this Agreement as the basis for annexation of the Property. 3.4 Restatement of County Conditions. It is further agreed that the staff of the City's Planning Department and representatives of the Owner have rewritten the Conditions of Approval to make them applicable to the City instead of the County, maintaining those standards and conditions set forth in Exhibit B. These rewritten conditions are set forth in Exhibit B-1, attached to this Agreement and a part of it. 3.5 Dedications. Following the issuance of the City Development Approvals and the annexation of the Property to the City, the owner shall offer, and the City shall accept for maintenance, (a) the dedication of each major and minor roadway on the Property (including without limitation proposed Banyon Avenue, and the so- called loop roads), and all other public improvements, as each is substantially completed by or on behalf of owner in accordance with the final map and improvement plans and the City's applicable public improvement standards and regulations in effect on the date hereof, as modified by Exhibit B -1, and (b) the "Park site" (as hereinafter defined), all landscaping strips and equestrian trails, as each of same is substantially completed in accordance with the final map plans, the City Development Approvals, and the City's applicable public improvement standards and regulations in effect on the date hereof, as -11- modified by Exhibit B -1. The City agrees that at any and all , tines after acceptance of dedication, and notwithstanding the termination or expiration of this Agreement, and subject to such guarantees as are set forth in the City's public improvement regulations as the same exist as of the date hereof, as modified by Exhibit 3 -1, the City shall be solely responsible for the maintenance, repair and replacement of all portions of the Property so dedicated by Owner. Except as hereinabove expressly provided, no additional dedication shall be required to be made by the Owner provided the Owner develops the Property substantially in accordance with the City Development Approvals. 3.6 Utility Easements. The City ahali approve all necessary appropriate public easements for water and utilities as necessary to service the Property as improved by the Owner pursuant to this Agreement; provided, however, it is understood and agreed that all easements that are required to be acquired shall be paid for by Owner. 3.7 Park Site. The public park (herein referred to as the "Park Site ") identified in the Development Plan shall be named " Caryn's Park ". Caryn's Park shall be developed in substantial conformity with the design shown in Exhibit D attached hereto and incorporated herein by reference. Caryn's Park shall be developed in phases as described in said Exhibit D. City's Director of Community Services agrees to review all plans, drawings and specifications for said park in a prompt manner. -12- 3.8 Final Map. It is hereby agreed that, pending annexation of the Property to the City, Owner may process Tentative Map No. 12642 through the County as a final subdivision tract map, and that, upon annexation, the City will accept all improvement plans and other matters so processed with the County for review and approval by the City in the form submitted to the County without requirement or submittal on City forms, provided said improvement plans substantially conform to City public improvement standards as to engineering and construction, as modified by the City Development Approvals and Exhibit B -1. In any event, City will commence its review of the final improvement plans and other matters necessary for recordation of the final map upon their submittal to the City by Owner. 4.0 Development of the Property by Owner. 4.1 Development Agreement. Upon annexation of the Property to the City? Owner and City shall execute a Development Agreement pursuant to Government Code Section 65864 and following confirming to Owner the rights set forth in this Section 4.0 and such other portions of this Agreement that remain executory at that time, it being understood and agreed that all steps required to make this Agreement effective as a Development Agreement will have been taken prior to or concurrently with the City Development Approvals. 4.2 Right to Develop. Owner shall have the right to subdivide the Caryn Property and the Property and to construct single family residences as contemplated by, and subject only to the City Development Approvals and compliance with existing -13- laws and ordinances and the conditions contained in, the City Development Approvals, provided Owner shall comply with the provisions of the uniform building and safety cedes of the City then in effect, subject to the provisions of Section 1.3 of this Agreement. City shall not take any action which is in conflict with the development of the Caryn Property or the Property in conformity with the City Development Approvals. City further agrees to act with reasonable diligence and in an expeditious manner in reviewing and acting upon submittals, applications, or requests for permits, approvals or other authorizations consistent with the City Development Approvals. City may, pursuant to California Government Code Section 65866, apply new rules, regulations and policies for the development of the Caryn Property or the Property which are not in conflict with those rules, regulations and policies applicable at the time of the City Development Approvals and which do not frustrate the purpose of this Agreement, or in any other manner materially and adversely affect the development of the Caryn Property or the Property consistent with the City Development Approvals. 4.3 Approvals Granted. owner shall at all times until the "Termination Date" (as hereinafter defined) have the right to develop the residential portion of the Property in accordance with the rules, regulations, and ordinances applicable to development of real property existing as of the date of the City Development Approvals, subject to any matter, prohibition, restriction or approval of such development which is subject to the authority or jurisdiction of a governmental -14- agency other than the City or a political subdivision of the City. Without limiting the generality of the foregoing, City agrees that the only planning, zoning, design, density, height limitations, use limitations, parking requirements, grading, subdivision, environmental, architectural and development standards and requirements to be applied to the residential portion of the Property by the City shall be those contained in ordinances and rules and regulations in effect on the date of the City Development Approvals (as the same may have been the subject of any duly enacted variance or other discretionary modification procedure embodied in the City Development Approvals), and that such standards and restrictions shall continue to govern the development of the residential portion of the Property irrespective of any changes made hereafter to such ordinances, rules or regulations. 4.4 Development as Approved. Owner agrees that it will not develop the Property in a manner materially inconsistent with the City Development Approvals. Owner agrees that its development of the Property will be subject to the reservations and /or dedications provided for in the final subdivision tract map for the Property to the extent required by the City Development Approvals. 4.5 Improvements. Owner shall be responsible for the installation of all on -site and off -site improvements required under the ordinances, rules and regulations existing as of the date of the City Development Approvals, including but not limited to, the provision of on -site streets, curbs, gutters, sidewalks, drainage facilities and sewer and water service. The drainage pattern and design criteria for all drainage -15- improvements, the width, grade, curvature and design of all streets, curbs and sidewalks, and the conceptual and improvement plans for all other off -site improvements, required to be constructed or installed by the City Development Approvals shall (if in compliance with all applicable ordinances, rules and regulations) be approved by City within a reasonable time after submittal to City by Owner, and upon receiving such entitlement, Owner may proceed to make such improvements in accordance therewith. 4.6 Grading. City further agrees that Owner will have the right to commence grading upon securing a grading permit, and that permits will not be denied based on season or date provided that Owner agrees to comply with all City required precautions and to use due care in grading activities and to take reasonable steps to prevent erosion, slippage or dangerous run off conditions. Owner acknowledges that City, pursuant to existing grading regulations, is empowered to suspend or modify grading when hazardous conditions are determined to exist, provided that City will not exercise such power if Owner takes reasonable steps prescribed by the City to mitigate any potential damage, to assure that adjacent property owners will not be damaged, and to repair any actual damage to the Property and all adjacent property within a reasonable time. 5.0 Assessment Districts and Public Financing Methods. 5.1 1913 Act Assessment District. If requested by Owner, City agrees to initiate and use its best efforts to pursue to completion proceedings pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and -16- Highways Code, for the formation of one or more assessment districts, and proceedings for the authorization and issuance of improvement bonds pursuant to the Improvement Bond Act of 1915, Division 12 of the Streets and Highways Code, to finance such improvement costs as identified by Owner to the City in the request by Owner and authorized to be financed pursuant to such Acts. Owner shall advance all costs, including those of the preparation of engineering plans and specifications, economic or financial studies and feasibility reports, and such other costs as are necessary or appropriate for the supervision and administration of the issuance and sale of assessment district bonds. The costs so advanced shall be reimbursed to Owner from the proceeds of the bonds issued. One or more series of improvements district bonds may be issued to finance such improvement costs. However, no bond shall be issued in an amount greater than (a) the cost of constructing those improvements identified by Owner to City plus (b•) amounts included in the bond issue to cover the cost of financing fees, discount fees, reserve fund (not to exceed maximum debt service on such bonds for one year), consulting fees attendant to the formation of the assessment district, bond insurance premiums, bond attorneys' fees, reimbursements to Owner, and other costs normally and reasonably associated with the issuance of such bonds. 5.2 Mortgage Revenue Bonds. If the City initiates a program to issue mortgage revenue, industrial revenue or similar type bonds or notes, the proceeds of which may legally be used to finance, in whole or in part, the purchase by home -17- buyers of any portion of the development of the Property by Owner, or the construction of such development by Owner, the owner shall be allowed to participate in such a program. Such participation shall be based on the rules and procedures of the City applied on a uniform basis to all other developers within the City, and for purposes of the allocation to be made for the City's 1985 mortgage revenue bond program, City shall not reduce any allocation that otherwise would have been made to Owner on the basis that the Property is not yet annexed to the City on the date of the allocation. If Owner, or any of them, elects to participate in the City's 1985 mortgage revenue bond program, the following provisions shall apply: a) The City shall not require the payment of commitment fees, (other than the 1/2% deposit fee) before March 5, 1985. b) On March 5, 1985, Owner, or any of them, may do any of the following: 1) Elect not to participate in the mortgage revenue bond program. 2) Pay the commitment fees. 3) Use its allocation, if any, in a separate issue which the City agrees to issue. I£ any Owner elects this option, Owner shall pay the applicable commitment fees for such separate issue, at such time as required by underwriter's counsel in order to maintain the allocation, a.,d simultaneously pay any increased costs of the bond issue incurred by the City, or its -18- redevelopment agency, together with all increased costs incurred by any other participants in the 1985 bond program as a result of such division or divisions of the issue. The amount, if any, of such increased costs, shall be determined by the City upon the report of the underwriter. 5.3 Maintenance Assessment District. It is contemplated that those portion of the Property to be dedicated by Owner to the City as provided in Paragraph 3.5 hereof, shall be maintained by the City or by a maintenance assessment district now existing or hereafter formed. The Owner agrees to cooperate in and consent to the formation of the maintenance assessment district, (or annexation to an existing district), for the maintenance of all such property, and including all of the Property within the district. 6.0 Termination Date; Expiration. 6.1 The term "Termination Date' shall mean the earlier of (a) the fifth (5th) anniversary of the date that the first final subdivision tract map for Phase I shall have been recorded in the official Records of San Bernardino County, or (b) December 31, 1990. Provided, however, that this Agreement shall terminate with respect to each parcel of the Property upon the issuance of a certificate of occupancy or release for occupancy for such parcel. 7.0 Review. 7.1 Annual Review. city shall review this Agreement at least once every twelve month period from the date this Agreement is executed at which time Owner shall be required to -19- demonstrate good faith compliance with the terms of this Agreement. Evidence of good faith compliance shall include, but is not necessarily limited to, the preparation of improvement plans following the issuance of the City Development Approvals, the commencement of construction upon any portion of the Property, or the periodic public advertisement for sale of single family residential units within the Property. Owner shall be in default under this Agreement if it provides City with a written notice stating that it does not intend to perform further under it or if City makes a finding and determination following the prescribed periodic review as set forth above and as provided in California Government Code Sections 65865.1 that, upon the basis of substantial evidence, Owner has not complied in good faith with the terms of this Agreement. 7.2 Independent Review. It is hereby acknowledged and agreed that each of the parties which comprise Owner will own, and as to K &9 and MDC, will develop different portions of the Property. The finding and determination by City pursuant to Paragraph 7.1 above that one of the parties comprising Owner has not complied in good faith with the terms of this Agreement shall not bind the other parties comprising the Owner and shall not affect the rights of the other parties under this Agreement or the obligations of the City to such other parties unless and until City shall have independently found and determined that each of such other parties has not complied in good faith with the terms of this Agreement. This exclusion shall not apply -20- When there is a default by one or more affiliated owners or developers of the Property, in which ease each affiliated owner may be found in default on the basis of such affiliation. "Affiliated" entities are those in which there is common ownership of 308 or more of the entities, or one or more owns 30% or more of another. 8.0 Remedies Upon Default. 8.1 Owner's Remedies. Except as provided in Paragraph 8.3 hereof, this Agreement shall be enforceable by Owner notwithstanding any chatige in any applicable general or specific plan, zoning, subdivision or building regulation adopted by City which alters or amends the rules, regulations, or policies specified in California Government Code Section 65866. To the extent permitted by law, therefore, it is expressly recognized that specific performance of this Agreement by Owner, and by each of the parties comprising Owner, is a proper and desirable remedy in addition to any and all other remedies which may be available to Owner. Provided it is further agreed that Owner shall have no right to damages in the event of breach of this Agreement by City. 8.2 City's Remedies. City shall have no right to any damages or other relief in the event of a breach of this Agreement by Owner except that City may suspend its obligations and terminate this Agreement as to the party which comprises the Owner if such party is in default, as defined in Paragraph 7.1. Provided, this shall not limit City's remedies under any other agreement with Owner or which would otherwise be available to it in the absence of this Agreement. -21- 8.3 Actions of Other Agencies. If, as a result of the laws, regulations, or actions of federal, state or other agencies having supremacy over City, compliance with this Agreement by the City is prevented or precluded, the provisions of this Agreement may be modified or suspended so as to comply with such laws, regulations or actions. if, however, such modification or suspension substantially deprives either of the parties of the bargained for benefits of this Agreement, such parties shall be entitled to terminate this Agreement; provided, however, prior to any such termination, City shall negotiate in good faith with Owner to reach a reasonable alternative development that may be undertaken by the Owner in lieu of the development or otherwise to provide owner with the benefit of such covenant by City which is prevented or precluded by any laws, regulations, or actions of any federal, state or other agency having supremacy over City. 9.0 Amendment or Cancellation. 9.1 This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties pursuant to the provisions of California Government Code Section 65868 and the rules and regulations adopted by City. (a) Any amendment to this Agreement which does not relate to the Termination Date, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, or any conditions or covenants relating to the use -22- of the Property shall not require a public hearing before the parties may execute an amendment hereto. (b) Any nonsubstantial deviations from the City Development Approvals, or from this Agreement as determined by City's City Manager, or Director of Community Development, shall not (to the extent not otherwise legally required) require any amendment to this Agreement nor any public hearing before approval thereof by the City Manager or Director of Community Development. 10.0 Further Assurances and Additional Actions by City. 10.1 City shall, to the extent legally permitted, take all actions necessary to effectuate and implement the terms and provisions of this Agreement. Without limiting the generality of the foregoing? City shall, concurrently with the annexation of the Property to the City, ratify this Agreement as a development agreement pursuant to Government Code Section 65864 et seq. 11.0 Notices. 11.1 Any notice to be given or other documents to be delivered by one party to the other shall be delivered in person or by postage prepaid, certified or registered mail, return receipt requested, addressed as Follows: To City: Mr. Jack Lam Director of Community Development City of Rancho Cucamonga 9320 Baseline Avenue Rancho Cucamonga, California To Owner: If to K&B: Kaufman and Broad Land Company 11601 Wilshire Boulevard llst Floor Los Angeles, California 90025 Attention: Mr. Clyde Lane -23- 0 With copies to: Kaufman and Broad Legal Department 11601 Wilshire Boulevard 11th Floor Los Angeles, California 90025 If to MDC: Marlborough Development Corporation 2029 Century Park East Suite 1550 Los Angeles, California 90067 Attention: Michael Romeo If to Caryn: The Caryn Development Company 10340 Foothill Boulevard Rancho Cucamonga, California 91730 Attention: With copies to: Thomas Clark, Jr., Esq. Stradling, Yocca, Carlson 6 Rauth 660 Newport Center Drive Suite 1600 Newport Beach, California 92660 -6401 Any mailed notice given as aforesaid shall be deemed effective 48 hours after deposit into the United States mail as aforesaid. Either party hereto may from time to time, by written notice to any of the other parties, designate a different name or address which shall be substituted for that given above. The change of name or address shall be effective upon receipt of personally delivered or five (5) days after the date of deposit of the notice into the United States mail if by mail. 13.0 Assignment. 13.1 Owner, and each of them, shall have the right to assign or transfer their respective rights, title and interest under this Agreement, in whole or in part, to any person, firm, corporation or entity without the prior written consent of City. In the event of any such assignment, the assigning owner shall provide City with written notice of such assignment at least thirty (30) days prior to such assignment or transfer. _24_ The obligations of this Agreement shall be binding upon, and the benefits hereof shall inure to, the successors -in- interest and assigns of the Owners. 14.0 Entire Agreement. 14.1 This Agreement, including the Exhibits hereto, contained the entire agreement between the parties and any agreements or representations concerning this Agreement, the Property, or the development of the Property by the Owners pursuant hereto, not set forth herein shall be of no force or effect. 15.0 Severability. 15.1 Subject to Paragraph 8.3 hereof, if any term, condition, provision, or covenant of this Agreement, or the application thereof to any person or circumstance, shall be finally held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement and its application shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. 16.0 Independent Contractors. 16.1 In carrying out the provisions of this Agreement, Owner and City shall act as independent contractors and nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agency, joint venturers or partnership. -25- IN WITNESS WHEREOF, this Annexation Agreement is made and entered into as of the date and year first above written. THE CARYN DEVELOPMENT COMPANY, a California Corporation By: Its By: STATE OF CALIFORNIA COUNTY OF On this day of , 1984, before me, the undersigned, a rotary PuBTLc Ln an for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the Within instrument as the , and personally known to me or proved to me on the axis o satisfactory evidence) to be the person who executed the within instrument as the of the Corporation that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Witness my hand and official seal. Notary's Signature Type or Print Notary's Name -26- KAUFMAN AND BROAD LAND COMPANY, a California corporation By: Its By: Its STATE OF CALIFORNIA COUNTY OF On this day of ' 1984, before me, the undersigned, a Fotary Pu is ibi' —in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the' person who executed the within instrument as the , and personally known to me (or proved to me on the asis o satisfactory evidence) to be the person who executed the within instrument as the of the Corporation that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Witness my hand and official seal. Notary's Signature Type or print Notary's Name -27- MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation By: Its By: Its STATE OF CALIFORNIA ) COUNTY OF ) On this day of , 1984, before me, the undersigned, a No Pu lic in and for said state, personally appeared personally known to me (or.proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the , and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the of the Corporation that executed the w thin instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Witness my hand and official seal. Notary's Signature Type or Print Notary's Name ATTEST: By: City Clerk of the City of Rancho Cucamonga CITY OF RANCHO CUCAMONGA, a municipal corporation By: MA MR -28- EXHIBIT A ANNEXATION OF TRACT 12642 (UNRECORDED) AND TRACT 12643 (UNRECORDED) AND BANYAN STREET (PROPOSED) TO THE CITY OF RANCHO CUCAMONGA A PORTION OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST QUARTER OF SAID SECTION 30, SAID BEGINNING BEING AN ANGLE POINT IN THE EXISTING BOUNDARY OF THE CITY OF RANCHO CUCAMONGA, THENCE NORTH 00'19'39" WEST 2651.49 FEET ALONG THE WEST LINE OF SAID SECTION 30 TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID WEST LINE BEING A BOUNDARY LINE OF SAID CITY; THENCE SOUTH 89 34'46" EAST 2707.29 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 89'34134" EAST 1327.73 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00'02'02" WEST 2639.28 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER AND ITS PROLONGATION TO SAID SOUTH LINE OF SAID SECTION, SAID SOUTH LINE BEING A BOUNDARY LINE OF THE CITY OF RANCHO CUCAMONGA; THENCE NORTH 89-361091, WEST 1324.14 FEET ALONG SAID SOUTH LINE AND BOUNDARY LIME TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89'49'22" WEST 2694.10 FEET ALONG SAID SOUTH LINE AND BOUNDARY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THE SOUTH 40.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION AND THE SOUTH 40.00 FEET OF THE NORTHEAST QUARTER OP SAID SECTION. COMPRISING 248.07 ACRES SSG:WB PREPARED ON DEC. 12, 1984 #3337 I ANNEXATION EXHIBIT 'B' N, IN, J/ 4 N.E. 1/4 6LVYAN i1tfE1 }O' f — SJf•if'K'f�IfO)tf' � Ssff/'i1'f /3ZT 9i' — — N011N L /NE FF N.N'[(Y.If I NffTN ( /NE N f COf TNf NM! }ry OE TNf fE %I OE SfC JO TNl f.N' /r �lEtilp TAEff. %� TNf ff.Y (YiEC 30 YG Tf (KJf(f0 TWO&V, z m JNefNN,a /.� r. ) I I l SEC. '( � � f 11 r {.J ,j. O w pz 7 2 ifr.ff � ya e JSAIf 7w fL f . NL4' ( fe 14 2 � Q — me io 248.07 ACRES 3 ; w 00L/NOAIY L /NE I � �� w h NT OfKiINN /Ni i/ECGI Qxt 30 ff COC Or 1Nf ANN 9/TN 1/" 6AW AV PE Xt 30 E N /CNLANO AVENUE NJYWZY-HW lif,. /O' Noy -A -VYW /ill CITY OF RANCHO CUCAMONOA ®//((f� /� �/ & �Q QIL, c. II I' 11 II W z "IT ' 15 ' (-4�4 S) ?LMLNITY: REST VA PLICA.VT: The Car LE /INDX: A) PUD /oa- VU44 /w ue -o1 B) PUD /83- 0052 /W113 -61 /TR 12642 .OPOSAL ; A) Preliminary Development Plan for 902 residential units and open space on 227.21 acres B) 470 lot Subdivision with Final Development Plan for PUD /W113 -61 on 100.5 acres :CATION: A) Portions bounded by Highland, Milliken, Rochester and Banyan (proposed) Avenues B) Milliken Avenue, east side, extending between Highland Ave. and Banyan St. :P: Hall and Foreman /SWA Groun MV'56)- Ib f` 77 HEARING NOTICES SENT ONFZaiaa REPORT PREPARED COMMISSION FIELD INSPECTION BY � es Ili INSPECTION DATE PARCEL SIZE: 227,21 ACRES TERRAIN: Gently slooinc alluvial fan- VEGETATION: Chaoarral EXISTING LAND USE: Vacant EXISTING ZONING:_SDecial Develooment fS0) SURROUNDING LAND USE /ZONING /GENERAL PLAN DESIGNATION NORTH: Vacant /Flood Way (FW)/ RCN EAST: Vacant /Flood Way(FW)/ RCN SOUTH: Vacant - future site Of Victoria Planned Community /City WEST: Vacant / City of Rancho Cucamonca of Ranchc Cucamc GENERAL PLAN /DESIGNATION Residential 4 doiellirg units ner acre (RES -4) AGENCY COM.NENT CITY SPHERE OF INFLUENCE: rl tv of o - -- WATER SERVICE: Cucamonga Cour._/ Water District g SEWER SERVICE Can 6 will serve can z I CARPS DEVELOPMENT CL,.iPANY Page 1 of 4 PUO/83- C044/W113 -61 /TR 12642 ANALYSIS: The applicant is requesting approval of a Development Plan for PUD 83- 0044 and Final Development Plan for the first phase with a 470 lot Subdivision. The proposed planned development consists of 902 delling units complemented by equestrian trails, pedestrian pathways and a seven acre park site. Portions of the seven acre park site may be utilized as the location for a temporary school site if determined necessary by the school district. The proposed Planned Unit Development (PUD) will consist exclusively of single - family residential units on lots ranging from 4,000 to 11,000 square feet. The proposed housing project will consist of sixteen different house designs enhanced by over fifty different exterior elevations. All homes front on cul -de -sacs or closed loop streets which connect to controlled access collector loop streets. At the time this staff report was written, there were two controversial issues in regard to this project. The first controversial item is a condition applied to the project by the Office of Surveyor Land Development /Road Section. The applicant is in disagreement with condition 489 which requires that the streets within and adjacent to the PUD (all streets to be public right -of- way) conform to San Bernardino County Board of Supervisors adopted typical sections. The applicant is requesting modification of some of the typical standards through the PUD process. The second issue is the City of Rancho Cucamonga's request that a Community Plan wide (West valley Foothills Community Plan) County Service Area (CSA) be in place prior to recordation of the first phase. Office of Planning condition 3133 requires that only a landscape and lighting district or the equivalent be in place prior to recordation. During the hearing process, the Environmental Hearing Officer (EHO) adopted a mitigation measure which required that a Community Plan wide CSA be in place prior to recordation. At the same hearing, the EN.O stated that Planning staff may modify the mitigation if the modificaiton still meets the intent of the Community Plan Environmental Impact Report (EIR). The Community Plan, SIR mitigation states that a County Service Zone with powers to plan; design, acquire and maintain community services, including but not limited to, parks, street landscaping, trails and community buildings shall be established prior to granting a final subdivision map approval. It has been determined by Planning staff, with the concurrence of the EHO, that the placement of a landscape and lighting district for just this PUD will be sufficient to meet the intent of the EIR for the Community Plan. The City of Rancho Cucamonga disagrees with this interpretation and would prefer that a Community Plan wide CSA be in place prior t0 recordation. CAR"N DEVELOPMENr C(G..,PANy Page 2 of 4 POD/83- 0044/W113 -61 /TR 12642 It is the opinion of the Planning staff that the intent of the EIR was to insure that recordation does not occur unless adequate services can be provided. The only services this tract would require that are not currently in existence could be provided by the formation of a landscape and lighting district. FINDINGS: ZONE CHANGE 1. The Environmental Hearing Officer on May 22, 1964, determined that the project would have a non - significant adverse effect on the environment if mitigation measures were adopted. 2. The proposed change in zone is consistent with the General Plan because the proposed use is permitted in the RES -4 designation and it does not conflict with textual goals and polices of the West Valley Foothills Community Plan and County Consolidated General Plan. 3. The site is suitable for any of the land uses permitted in the proposed zone because the parcel is of sufficient size to accommodate the design criteria established by the PUD district. 4. The proposed Zone Change is reasonable and beneficial at this time because it will accommodate growth as a logical extension of the existing urban area. S. The proposed Zone Change will not adversely affect surrounding property because the design of the PUD will be compatible with surrounding land uses. FINDINGS: DEVELOPMENT PLAN 1. The Environmental Hearing officer, on :day 22, 1964, determined that this project would have a non - significant effect on the environment it mitigation measures were adopted. 2. The proposed PUD is consistent with the General Plan because the proposed use is permitted within the RES -4 designations and it does not conflict with textual goals and policies of the West Valley Foothills Community Plan and county Consolidated General Plan. 3. The site of the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping and other features required. 4. The site for the proposed development has adequate access because adjacent roads and infrastructure will be improved along with regional transportation needs acknowledged. CARYN DEVELOPMENT COwPANY Page 3 of 4 PUD/83- 0044/Wli3 -61 /TR 12642 5. Adequate public services exist or will be provided in accordance with the conditions of development plan approval to serve the proposed development; ipproval of the proposed development will not result in a reduction of public services to properties in the vicinity, that would be a detriment to public health, safety and welfare. 6. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding properties and is compatible with the existing and planned land use character of the surrounding area. 7. The improvements required per the conditions of the develoocer.t plan approval, and the manner of development, adequately address all natural and man -made hazards associated with the proposed development and the project site; inluding, flood, seismic and fire hazards. S. The proposed development carries out the intent of the Planned Unit Development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. FINDINGS: SUBDIVISION /FINAL DEVELOPMENT PLAN 1. The Environmental Hearing Officer on May 22, 1984 determined that this project would have a non - significant effect on the environment if mitigation measures were adopted. 2. The proposed map, design and improvements of this Subdivision /Final Development Plan are consistent with the Consolidated General Plan because the proposed use is permitted in the RES -4 designation and it does not conflict with textual goals and policies of the West Valley Foothills Community Plan and County Consolidated General Plan. 3. This site is physically suitable for the proposed type and density of development because conditions have been included within the project to alleviate any adverse natural constraints. 4. The proposed Subdivision /Final Development Plan design is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat because there are no known endangered species on site, and conditions have been included to protect the environment. 5. The proposed Subdivision /Final Development Plan design and improvement is not likely to cause serious public and safety health problems because adequate conditions have been included to I C;1RYN DEVELOPMENT COmPANY Page 4 of 4 PUD /83- 0044/W113 -61 /TR 12642 insure that his project will be a net benefit in the provision of area services and to the community in general. 6. The proposed Subdivision /Final Development Plan design will not conflict with public easements within or through the site because a condition requiring a non - interference letter prior to recordation has been included. RECOMMENDATION: A) Recommend to the Board of Supervisors that they: 1. MAKE AN INTENT to ADOPT the District Change from SO to PUD; WITHHOLDING the adoption of the enabling ordinance for the entire project area pending, and to be accomplished concurrently with the recordation of the final map for the first phase. 2. APPROVE the 902 dwelling unit Development Plan on 227.21 acres for PUD 83- 0044/W113 -61. 3. APPROVE the Final Development Plan for 470 units on 100.5 acres for PUD 83- 044/W113 -61. 4. ADOPT the Mitigative Negative Declaration and File a Notice of Determination. 0) That the Planning Commission APPROVE: 1. Tentative Tract 12642, subject to the attached conditions, and contingent upon approval of the Final Development Plan for first phase of PUD 83- 044/W113 -61. 2. ADOPT the Mitigative Negative Declaration for Tentative Tract 12642 and File a Notice of Determination. PROJECT: PUD � 83 - �o`-14 /W 113 -6i �Y' � OeV - �C eS-, Vane,t., I agree with al conditions of approval recommended for this project at the G E 'R L{ Meeting of the Subdivision Review Ccmnnittee that are marked with a Ix ). X Building and Safety X Planning I< Environmental Health K Crainace x Roads X Fire Warden Environmental Analysis >< Special Districts �r Surveyor I understand that the following conditions will be modified or deleted as indicated below: DEPARTMENT CONDITION W G,Ty CaNe¢z&n: Fp,C Su ARE C0rar413Uiloo S to atL, oGS CQLrV -ANS: QO' aso..40t V&0 REV, 2W FIIL S. n E a., ¢IW CcCEty W, 1-V A, E'j yrzw t1(;F —: AQV GT'1 (- O"eq�J VDEPARTMENT CONDITION RECOMMENDATION: Approve as conditioned ~ - Disapprove based on COUNTY: DEVELOPril: Date• ° rO $� Date! — Attest: f y-y�i ��'°"T Signed: JOSEPH P. COLLEY, CHAIRMAN Title: Subdivision Review Committee CARYN DEVELOPMENT COMPANY PUD /83- 0044/till 3 -61 Conditions of Approval June 22, 1964 OFFICE OF BUILDING AND SAFETY Pace 1 of 17 1. A preliminary soil report, complying with the provisions of Ordinance 2473 shall be filed with and approved by the Building Official prior to recordation of the final map. 2. A geology report, prepared by a licensed engineering geologist, shall be filed with and approved by the Building Official. The report will be reviewed by a licensed geologist and the costs of such review will be billed to the developer and shall be paid in full prior to recordation of the final map. 3. Grading plans to be submitted to and approved by the Office of Building and Safety. 4. Obtain a demolition permit for building to be demolished. Underground structures must be broken in, back filled and inspected before covering. 5. Submit plans and obtain building permits for walls required by others. DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES 6. Sewage disposal shall be by connection to Cucamonga County Water District Sewers. 7. The water purveyor shall be Cucamonga County Water District. 8. The following are the steps that must be completed to meet the requirements for installation and /or finance of the on- site /off -site water system and /or sewer system: A. Where the system is to be installed prior to recordation.: The water system, fire hydrants, and /or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and /or sewering utility and the governing fire protection authority. The plans shall be reviewed by a Civil Engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsibility to submit to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION, a copy of the approved plan anal a signed statement rom the utility of jurisdiction confirming that the improvement has been installed and .. accepted. CARYN DEVELOPMENT COMPANY PUD/83- 0044/N113 -61 Conditions of Approval June 22, 1984 ?ace 2 of 17 Where a bond is to be posted in lieu of installation of the improvement: The domestic water plan and /or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The plans shall contain the required certificates and approval signatures. A copy of the approved Dian shall be submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION• Said engineer shall determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial arrangements have been completed shall be submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. Prior to release of the bond for the improvement, the utility of jurisdicr +.on shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTICN. An acoustical study shall be performed to assess noise Levels at the development and shall be reviewed and approved by the Department of Environmental Health Services prior to recordation. Detailed noise analysis and precise mitigation measures shall be submitted to the Department of Environmental Health Services for review and approval prior to recordation. Prior to the issuance of building permits, a report stating that the recommended mitigaton measures have 'CARYN DEVELOPMENT COMPANY Page 3 of 17 PUD /6,-0044 /{7113 -01 Conditions of Approval June 22, 1984 been implemented shall be submitted to the Department of Environmental Services and the building plans shall be so certified by the acoustical engineer. 10. Any abandoned wells on the property or similar structures that might result in contamination of underground waters shall be destroyed in a manner approved by the Department of Environmental Health Services. * *11. Design and construct to 45 de(A) interior. * *12. Use of village perimeter masonry fencing along Milliken Avenue and the south property Line to provide privacy and noise shielding. An approximately 6 foot high masonry wall or combination 8 foot high berm and masonry wall will be provided per approval of an acoustical engineer prior to recordation of first tract. The wall can be less than 8 feet high if noise levels do not exceed 45 d8(A) Ldn interior 65 dft(A) Ldn exterior. If the barrier is greater than 8 feet, then a berm will be used to make up the height greater than 8 feet where grades permit. FOOTHILL FIRE PROTECTION DISTRICT *13. Prior to recordation of the first tract, the following shall be accomplished: A. Fire flow requirements shall be 1,750 g.p.m. B. Fire hydrant spacing shall be 400 feet. * *C. The Caryn Company shall contribute proportionally (based upon impact) to the construction of a fire station facility, and the manning of the fire station for the first year. "0. The Caryn Company shall contribute proportionally (basea upon impacts) to the purchase of fire equipment (apparatus to man said station). E. Adhere to all the standard West Valley conditions. FORESTRY AND F:RE 'WARDEZ; DEPARTMENT 14. The above - referenced project is protected by the Foothill Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the fire department for verification of current fire protection development requirements. *NON- STANDARD CONDITIONS) ♦*gTT'n] ^Tl a! bF]GI1R F.(FI CARYN DEVELOPMENT COMPANY PUD/83- 0044/37113 -61 Conditions of approval June 22, 1964 Pace 4 of 17 15. All new construction shall comply with applicable sections of the Uniform Fire Code. 16. The street address shall be posted with a minimum of three (3) inch numbers, visible from the street, in accordance with San Bernardino County Ordinance 2108, prior to occupancy. 17. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) guage minimum with three - eights (3/8) inch minimum to one -half (1 /2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. 18. All flammable vegetation shall be removed from each building site a minimum distance of thirty (30) feet. 19. Development shall provide for safe and ready access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. 20. Private roadways which exceed one hundred fifty (150) feet in length shall be approved by the fire department, and shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and building 1s in excess of thirty percent (308). where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire department. 21. Roadways shall have aminimum vertical clearance of thirteen feet six inches (13' 6 "). 22. A turnaround shall be provided at the end o: each roadway, and shall be approved by the fire department. 23. Road maintenance, including but not limited to grading and snow removal, shall be provided for. CARYN DEVELOPMENT COMPANY Page 5 of 17 'PUD/63- 0044/W113 -61 Conditions of Approval June 22, 1964 r 24. All fire flow requirements are over and above the average daily consumption of water, and the minimum residual pressure shall be twenty (20) psi. 25. The required fire flow shall be determined by appropriate calculations, using the latest edition of the Insurance Services Office (ISO), "Guide for the Determination of Required Fire Flow ". 26. The developer or his engineer shall furnish the fire department with two copies of water system improvement plans where fire protection water systems are required. OFFICE OF SURVEYOR LAND DEVELOPMENT /DRAINAGE SECTION 27. Adequate provisions shall be made to intercept and conduct the offsite tributary drainage flow around or through the site in a manner which will not adversely effect adjacent or downstream properties. 28. All lots should drain to streets. If lets do not drain to streets, the cross -lot drainage will be reviewed and approved by the Office of Building and Safety under various ordinance involved. 29. Adequate San Bernardino County Drainage Easements (Minimum fifteen (15) feet wide) shall be provided over the natural drainage courses and /or drainage facilities. The easements shall be designed to contain the 100 -year frequency storm flow plus bulking and freeboard per County Standard Criteria. 30. Grading plans shall be submitted to Surveyor's Office - Drainage Section for review. 31. Milliken Avenue ahall be designed as a water - carrying street and its water carrying capacity shall be maintained. 32. Adequate rolls shall be provided on the entrance roads to the site at Milliken Avenue to minimize the possibility of street flow entering the site. 33. Lots adjacent to water- carrying streets shall be adequately elevated above the top of curb, or block walls provided, or both, to minimize the possibility of street flows entering the lots. 34. In addition to the Drainage Requirements stated herein, other "on- site" or "off- site" improvements may be required which CARYN DEVELOPMENT COMPANY PUD/83- 0044/-4113 -61 Conditions of Approval June 22, 1984 Pace 6 of 17 cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. *35. The protective berm shown on Phase 2 shall be extended to preclude the additional sheet overflows from the west from entering the parcel. *36. Temporary and permanent drainage improvements will be required per the developer's engineer's drainage plan, dated April 6, 1984, to intercept and conduct the larger drainage flows through the site in an approved manner. Note: County design criteria calls for a minimum pipe size of 24 inch diameter. *37. The proposed interceptor channel and levee within District rights -o£ -way north of the proposed development shall be realigned such that flows will not be intercepted at right angles and the channel has a minimum slope of 1 1 /2g or greater. The channel shall be designed to contain 100 -year storm flows plus bulking and freeboard per County Standard Criteria. *38. The proposed interceptor channel shall dewater into phase 2 approximately 500 feet east of the west phase 2 boundary. *39. A debris basin shall be provided at the inlet of the proposed conduit which will conduct the tributary flows through phase 2. *40. If a 010 closed conduit system is to be used to conduct the tributary flows through the site, the developer's engineer shall show the overflow path for the differential flow 0100 - 010) through the development on appropriate mapping prior to clearance by the Subdivision Review Committee. *41. The developer shall enter into an agreement with the District assuming maintenance, operation, and liability responsibilities associated with the proposed interceptor levee(s), channel(s), conveyance facilities, and debris basin(s). In addition, the agreement shall address the timing and cost of levee and channel removal (at the developer's expense) when the need for same no longer exists. *42. 100 -year storm flows tributary to and from the site shall be conducted to Day Creek Basin in compliance with the Day Creek System Plan. *NON- STANDARD CONDITIONS) r CARY:l DEVELOPMENT COMPANY Pace 7 of 17 PUD/63- 00441W113 -61 Conditions of Approval June 22, 1984 r *43. The developer shall have this site annexed into the City of Rancho Cucamonga's Community Facilities District No. 84 -1 for the improvement of the Day Creek System. The District is being formed under the Mello -Roos Community Facilities Act of 1982. If no Community Facilities District is formed, the property shall contribute to a Day Creek improvement project to the same extent as watershed property within City boundaries. '44. Day Creek Basin shall be improved as shown in Bill Mann and .Associates' "Report on the Day, Etiwanda, and San Sevaine Creeks System Drainage Plan." it the excavation shown in the Plan is not adequate to maintain or reduce the peak flow rates from Day Creek into Riverside County, then adequate excavation of Wineville or Riverside Basin shall be accomplished. Sufficient excavation (storage capacity) must be created by the developer /owner to accept the incremental increase in volume produced by a 100 -year storm and volume of water produced by 100 -year storm after development is fully built out. This reference is to excavate sufficient capacity to accommodate each, phase as that phase is begun. Ary cost will be credited to Mello -Roos up to 1008. *45. A permit will be required for any encroachment or construction of drainage facilities on Flood Control District right -of -way, and a minimum of six (6) weeks processing time should be allowed. *46. Minimum paved width access road to Highland Avenue other than required above shall be 40 feet for a distance of 100 feet north of the intersection with Highland Avenue. *47. The project parkway road shall be designed and constructed to modified local road standards satisfactory to the Transportation /Flood Control Department. * *46. Retention will be provided to decrease the developed peak flows into Day Creek to an acceptable amount as determined by County Flood Control Department. * *49. Both Phase I and Phase II will be Protected from a 100 -year storm as determined by criteria established by the County Flood Control Department. * *50. Site development will not incrementally add to the velocity, magnitude or concentrations of runoff effecting downstream properties except into facilities approved by County Flood Control. *NON - STANDARD CONDITION(S) "MITIGATION MEASURE(S) CARYN DEVELOPMENT CCMP.AAIY Page 8 of 17 PUD/83- 0044/w113 -61 Conditions of Approval .Lune 22, 19e4 i ••51. Drainage from the project site (Phases I and II) shall be directed to Day Creek, there shall not be any release of flows into the Deer Creek Channel. ••52. Phases I and II shall contribute to Day Creek improvements in an amount equivalent to that established for properties within the City of Rancho Cucamonga. OFFICE OF SURVEYOR LAND DEVELOPMENT /ROADS SECTION 53. Roads within this development shall be entered into the County Maintained Road System. 54. Road sections within and /or bordering the tract shall be designed and constructed to modified Valley Road Standards of San Bernardino County, and to the policies and requirements of the County Transooration and Flood Control Department and in accordance with the Master Plan of Highways. 55. Any grading within the road right of way prior to the signing of the improvement plans shall be accomplished under the direction of a Soil Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to San Bernardino County and a written report shall be submitted to the Contracts Division of the Transportation and Flood Control Department, prior to any placement of base materials and /or paving. 56. Final plans and profiles shall indicate the location of any existing utility facility which would affect construction. 57. Slope rights shall be dedicated on the final tract map where necessary. 56. A thorough evaluation of the structural road section, to include parkway improvements, from a cualiiied materials engineer, shall be submitted to the Transportation and Flood Control Department. 59, Vehicular access rights shall be dedicated on Banyan, Milliken, and Rochester and along the rear of double frontage Lots. 60. Existing County roads which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recordation of the tract map. Upon completion of the grading and paving to the satisfaction of the Transportation and Flood Control Department, the cash deposit may be refunded. CARYN DEVELOPMENT CCMPAHY PUD/83- 0044/W113 -61 Conditions of approval June 22, 1984 Page 9 of 17 61. All road names shall be coordinated with the County Transportation and Flood Control Department, Traffic Division. 62. An encroachment permit, or authorized clearance, shall be obtained from the County Transportation and Flood Control Department prior to issuance of a grading permit by the Office of Building and Safety. 63. An encroachment permit shall be required from the State Department of Transportation prior to any construction within their right -of -way. 64. Road improvement plans as applicable to this project for Highland Avenue shall be submitted to the State Department of Transportation by a registered civil engineer. 65. In accordance with post - County policy of preserving freeway corridors crossing subdivisions, right -of -way adequate for construction of State Highway 30 shall be preserved along this project's frontage. All future tentative tract maps and final development plan maps shall reflect this. 66. Any change to this project as currently proposed, which may be necessitated by the State Department of Transportation recommendations, must be incorporated prior to recordation of the Final Mao. 67. All required road and drainage improvements shall be bonded in accordance with County Development Code unless constructed and approved prior to recordation of Final Map. 68. Turn arounds at dead end streets shall be in accordance with the requirements of the County Transportation and Flood Control Department, and the Forestry and Fire Warden Department, 69. Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the County. 70. Street type entrances) shall be provided to the entrance(s) to this development. 71. In the event developer fails to acquire the required offsite property interests, the developer shall, prior to approval of the final map, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as County acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by County to CARY`7 DEVELOPMENT COMPAdIY PUD/83- 0044/W113 -61 Conditions of Approval (' June 22, 1964 Page 10 of 17 acquire the offsite property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer's cost. The appraiser shall have been approved by County prior to commencement of the appraisal. 72. Right of way and improvements (including off -site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary. *73. The two points of vehicular ingress and egress to the County or State Maintained Road System shall be provided to each phase. *74. Minimum spacing between intersections on local streets shall be not less than 150 feet, and on major and secondary highways not less than 1/4 mile, and the map shall be revised to show this. * *75. Milliken Avenue shall be designed and constructed half -width to major divided highway standards as requested by the City of Rancho Cucamonga - 1/2 of a six -lane divided road. A paving width of 40 feet shall be permitted on Milliken Avenue between Highland Avenue and Spine Road. , *76. The developer shall be required to reserve the right of way necessary for construction of the future Fcothill Freeway. This will include interchanges and /or proposed grade separations. The developer shall coordinate with Caltrans as necessary to establish this right of way and shall show it on the maps. *77. Access to existing homes shall be acknowledged in this design. *78. Coordination with Metropolitan Water District shall be effected by the developer as necessary. *79. Access to Flood Control District saleable property north of project shall be incorporated into this design layout. *80. Temporary access connections to Highland Avenue shall require Caltrans approval and shall require a cash deposit to cover cost of later removal. This cash deposit shall also include cost of design and construction of those portions of the tract perimeter roads outside of State right -of -way. * *81. Banyan and Rochester shall be designed and constructed half - width to Collector Road Standards - 1/2 of a two -lane, undivided road (26 feet minimum width). CARnI DEVELOPMENT COMPANY Page 11 of 17 PUD/53- 0044/W113 -61 Conditions of Approval ( June 22, 1984 * *82. Highland Avenue shall be improved as necessary to provide a 44 foot paved surface at the tract access points to provide for left turn lanes. Interim spat improvements shall provide for left and right turns. *83. Fifty foot street right -of -ways being proposed for this project shall be identified and satisfactory substantiation provided to the adequacy of these 50 foot streets. This shall be accomplished prior to approval of the preliminary plan. * *84. Prior to recordation, the developer shall submit for approval a traffic study indicating the on -site and off -site impacts on Highland Avenue, on Haven Avenue and on Milliken with appropriate mitigation measures. The developer's fair share cash contribution toward mitigation shall be 5134,000.000. The contribution shall be paid to the city of Rancho Cucamonga on a per lot basis. This condition is not to be construed as precedent setting for future projectrwithin the West Valley Foothills Community Plan but each project shall be analyzed on an individual basis. *85. Lots 333 through 340 shall not be developed until removal of the temporary secondary access. *86. Access to Caltrans' property shall be accomplished by using the already existing 20 foot road easement to Highland Avenue, provided this is properly recorded, or by making Lot P adjacent to cul -de -sac W, public right of way. *87. The knuckles shown on the map shall conform to Standard ;121. *88. Fill slope within Foothill Freeway right -of -way shall be approved by Cal- Trans. * *89. Project Parkway - 2+ lanes (varies). * *90. Project Loop Road - 2+ travel lanes. * *91. Two inbound and two outbound lanes on the project parkway at the Milliken Avenue intersection. * *92. Preservation of right -of -way for the Foothill Freeway (future Route 30). Over 23 acres along the southern boundary of the site will be reserved within Phase I and II; this Location is consistent with the freeway corridor alignment adopted by Caltrans. *NON - STANDARD CONDITION($) "MITIGATION MEASURE(S) CARYN DEVELOPMENT COMPANY PUD/83- 0044/W113 -61 Conditicns of Approval June 22, 1984 SPECIAL DISTRICTS Pace 12 of 17 •93. In compliance with the West Valley Foothills Community Plan, at the onset of development, an area -wide County Service Area (CSA) shall be formed to provide various services for the area. The proposed project (Tract 12642) which will be a service district within the CSA, shall comply with all requirements, standards and procedures set by the Special Districts Department for the formation of a district. '94. It is anticipated that the Special Districts Depart.T.ent will form a 1972 Landscaping and Lighting Assessment District for the referenced project. All costs associated with the formation of a Lghting and Landscaping Assessment District shall be paid by the developer(s). OFFICE OF PLANNING 95. Prior to the issuance of building permits for any phase of the project, the Final Development Plan for that phase shall be approved and the phase of the tract to which the permit has been applied for shall be recorded. Approval for this Preliminary Development Plan shall be for a period of fifteen (15) years from the date of Board of Supervisors action. The applicant shall file a Final Development Plan for at least one phase of the project within five (5) years of this approval and within each succeeding five (5) year period. Extensions of time may be granted. Extensions of time must be submitted in writing to the Planning Officer at least thrity (30) days prior to the expiration date. Grading and model home permits may be issued prior to recordation., subject to compliance with standard County requirements. 96. The Development Plan Report shall be modified as follows: A. Under Project Tabulations, the overall density shall be calculated deleting the following; a) the northeast corner parcel at Milliken and Highland (Not a Part); and b) property for the Foothill Freeway. B. Under Project Tabulations, the overall density shall be shown to be 4.61, using a gross acreage of 195.57 acres. C. Footnote '• under Project Tabulations shall indicate that 158 density bonus is provided for property with an overall slope of 108 or less. *NON- STANDARD CONDITIONS) CAAYV DEVELOPMENT COMPANY PUD/83-0044/W113 -61 Conditions of Approval June 22, 1984 Page 13 of 17 D. Under Development Regulations and Standards, 2(b)(1), a statement shall be added which states, "The lot sizes north of the parkway shall vary from 5,500 - 11,000 square feet, with an average of approximately 7,100 square feet, and the lot sizes south of the parkway shall vary from 4,000 - 10,000 square feet, with an average of approximately 5,000 square feet. Combined average of approximately 6,250. The percentage of the number of average sized lots shall be provided. E. Under Development Regulations and Standards, Section 2(h)(2) shall be changed to read, "building site width shall vary depending on lot size." F. A statement shall be added under Development Regulations which states that lot ratio shall not exceed 3:1. G. Under Development Regulations and Standards 2(b)(3), "Building site coverage" shall be changed to "Total Impervious Area: 609 maximum." H. A statement shall be added under Development Regulations which states variable front yard setbacks shall be provided with a minimum of 18 feet. 97. The landscaped buffer between residential and commercial uses shall be 15 feet rather than 5 feet. "96. Park area totaling 7 acres shall be provided prior to final buildout of second phase, •99. A Homeowners' Association for the project shall be established for the maintenance and management of the Common open space recreational facilities, landscaped areas, etc. The Homeowners' Association By -Laws and CC6R's shall be submitted with the Final Development Plan. A Homeowners' Association shall not be necessary if, prior to recordation of the First Phase Tract, an Assessment District or similar entity is in place to maintain and manage the project. -ICO. Twenty -five (25) copies of a completely dimensioned Final Development Plan for each phase of tie PUD shall be provided to the Office of Planning for review, distribution, and Planning Commission approval. In addition to the standard checklist requirements, the Final Development Plan shall show the following, if applicablet A. Pedestrian walkways, biking trails and bridle trails to be constructed (community equestrian trail contiguous to Banyan Avenue shall be shown). *NOW- STANDARD CONDITION(S) CARYN DEVELOPMENT COMPANY Page 14 of 17 P00/83- 0044/W113 -61 Conditions of Approval June 22, 19 84 B. Recreation facilities (including detailed plans on the parks). C. Parking bays to be constructed along the road system. D. Detailed footprint of building envelopes for single - family structures on all lots along with pad elevations, building types and building heights. E. Tabulations of the locations of the following: 1. open space area 2. paved area 3. streets 4. units area S. number of units 6. acres 7. proposed density F. Plans for any and all signs. No freestanding signs will be permitted except for monument signs, temporary or. -site sales signs and directional signs. G. Those street curbs where parking is not permitted. H. The preliminary grading proposal. I. A landscaping plan for open space areas, community recreation facilities, walls, street trees, etc. (Vote: A landscaping plan will be required as Condition of Approval of the Final Development Plan and tentative tract. The proposed landscaping in the proposed tract shall be regarded as preliminary and changes will be made in the Final Development Plan conditions.) *101. All private streets shall be designed to PDD standards. Streets where parking is provided on one side only shall be appropriately striped and posted. *102. Sidewalks shall be provided on all public and private streets, unless it can be demonstrated that deleting a sidewalk will not jeopardize the health and safety of the pedestrian. *103. On a phased basis, all areas identified as open space shall possess no residential development rights since said development rights have been transferred to other portions of the project. The method of retaining open space shall be agreed upon by the developer and County prior to the recordation of the first tract map for each affected phase. *NON- sT4vnagn rncnrTrMM(gl CARYN DEVELOPMENT COMPANY PUD/83- 0044/W113 -61 Page 15 of 17 Conditions of Approval June 22, 1984 r •104. Existing ornamental or native trees shall be retained when Possible. Trees to remain shall be identified on the Final Development Plan. •105. The final tract map for the first development phase for each parcel in said land sale phase shall record concurrently and in numeric order of the land sales phase, unless otherwise approved by the Office of Planning. `106. Construction phasing shall correspond to the land sales phasing. •107. All recreational facilities shall have two points of access, one of which may be emergency only. •108. The conditions outlined in the County approved Geologic Report shall become conditions of this project. •109. In compliance with San Bernardino County Ordinance, the applicant shall agree to defend at his sole expense any action brought against the County, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. *.e applicant shall reimburse the County, its agents, officers, or employees, for any Court costs and attorney's fees which the County, its agents, officers, or employees may be required by a court to pay as a result of such action. The County may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. '110. Persons purchasing property subject to noise levels of 65 Ldn or greater due to the proposed Foothill Freeway shall be informed of said noise levels. *Ill. All financial arrangements shall be made to provide water, sewer, maintenance, etc, prior to the recordation of the first final development tract map. *112. Fifty percent of the walls or fences adjacent to greenways shall be open view type fencing. Continuous block walls shall not be permitted. *113. A master landscape plan illustrating A. Block wall detail B. Park improvements C. Detail of pedestrian paths *NON- STANDARD CONDITIONS) CARYN DEVELOPMENT COMP.SYY Page 16 of 17 PUD/83- 0044/W113 -61 Conditions of Approval .Tune 22, 1984 D. Equestrian trail standards shall be approved prior to recordation of the first phase. The City of Rancho Cucamonga shall be provided the opportunity to review and comment on said plan. *113. Provide a flat usable yard open space excluding graded slopes, building footprints and driveway with a 15 foot minimum distance between buildincs and break of slope, or to work with the applicant to develop specific perfcrnance standards for minimum yard areas for usable private open space. '115. The P.U.D. shall contain a maximum of 902 dwelling units. The aforementioned maximum does not include out- parcels or currently owned state right -of -way as shown on Exhibit 3, page 4 of text. "116. Graded slopes will be constructed at slope ratios no steeper than 2 horizontal to 1 vertical, that they be kept to reasonable verticae heights, and that they be planted with suitable ground cover. A vertical height limit for graded slopes adjacent to residential development shall be approved prior to the Final Development Plan. *•117. The project site is within the jurisdiction of the West End Resource Conservation District, consequently, water, paving and revegetation and other dust control measures shall be used to minimize fugitive dust generation. Exact mitigation measures shall be established by the West End Resource Conservation District during their review of the soil erosion permit issued by the San Bernardino County Agricuitural Department. The permit shall be obtained prior to the commencement of any grading on site. "118. The project will provide a minimum of 3.0 acres of park /lOCC' population. * *119. If the school site is combined with the park, the minimum site shall be 13 acres. This requirement may be adjusted to design approval by the Etiwanda School District and the City of Rancho Cucamonga Community Development Department. This condition will be necessary if the school is established as a full -sized facility. * *120. Preferably the entire park site should be developed during the first phase: however, if phased development is necessary the park area within the First Phase shuld provide for a minimum play field of not less than 3.5 acres. *NON- STANDARD CONDITIONS) ** ?LITIGATION MEASURE(S) r WYN DEVELOPM'i4T COMPAIY Page 17 of 17 PUD/83- 0044/W113 -61 Conditions of Approval ( June 22, 1984 •`121. prior to recordation of any tract maps, a "will serve" letter will be required from affected school districts. Phase II development will not proceed until adequate capacity exists for students generated by the development. * *122. School fees (as established at time of recordation or otherwise agreed to by developer and district) will be collected for residential development in the project area. This condition shall apply for both the Chaffey Joint Union High School District and Etiwanda Elementary School District. * *123. As a "failsafe provision" an "open" school site shall be reserved in Phase II until site is determined by Etiwanda Elementary School District not to be necessary. *•124. Prior to recordation of final maps a "will serve" letter from the CCWD will be required. (Note: CCWD has already provided a "will" serve letter.) * *125. This project will implement water conservation measures including installatin of low volume plumbing fixtures and the use of controllers an public area irrigation systems. Off - peak irrigation is encouraged. The use of drought tolerant plant material will be emphasized within common areas. ••126. Prior to recordation of any phase determined necessary by CCWD the project will contribute sewer fees that will allow expansion by RP2 to accept the increase of effluent. *•127. Design and construction of all facilities will be reviewed and approved by the CCWD. * *128. Prior to recordation of any final maps, there shall be established a landscape and lighting district or the equivalent. ` *129. Prior to recordation the Board of Supervisors shall adopt a resolution to begin formation of an areawide CSA covering the West Valley Foothills Community Plan area. * *130. A fiscal analysis shall be Prepared prior to any consideration of any annexation into any City Service District for any service not currently provided by any entity. • *MITIGATION MEASURE(S) CARYN DEVELOPMENT CCMPANY PUD /S3- G044 /Wll3-61 /TR 12642 Conditions of Approval June 22, 1964 Page 2 of 7 be reviewed by'a Civil Engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsibility to submit to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION, a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the improvement has been installed and accepted. Where a bond is to be posted in lieu of installation of the improvement: The domestic water plan and /or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The plans shall contain the required certificates and approval signatures. A copy of the approved plan shall be submitted to the OFFICE uF SURVEYOR, LAND DEVELOPMENT SECTION. Said engineer shall determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial arrancements have been completed shall be submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. 1 'CARYN DEVELOPMENT COMPANY PUD /83- 0044/Wll3 -6I,TR 12642 Conditions of Approval r June 22, 1964 Page 3 of i 9. An acoustical study shall be performed to assess noise levels at the development and shall be reviewed and approved by the Department of Environmental Health Services prior to recordation. Detailed noise analysis and precise mitigation measures shall be submitted to the Department of Environmental Health Services for review and approval prior to recordation. Prior to the issuance of building permits, a report stating that the recommended mitigaton measures have been implemented shall be submitted to the Department of Environmental Services and the building plans shall be so certified by the acoustical encineer. FORESTRY AND FIRE WARDEN DEPARTMENT Conditions of P.U.D. shall apply. FOOTHILL FIRE PROTECTION DISTRICT Conditions of P.U.D. shall apply. OFFICE OF SURVEYOR LAND DEVELOPMENT /DRAINAGE SECTION Conditions of P.U.D. shall apply. OFFICE OF SURVEYOR LAND DEVELOPMENT /ROAD SECTION Conditions of P.U.D. shall apply. OFFICE OF PLA.YNIJG 10. A commitment shall be obtained, in writing, from the sewerinc_ agency. Said commitment to indicate that the agency has the capacity to furnish said sewer service to the sub;ect project, and that all necessary arrangements have been made with said agency to supply such services. A copy of the commitment to be filed with the Office of Planr.ina. 11. Developer shall provide for street lighting within the tract as follows: A. Low intensity, energy - efficient street lights at all intersections; CAEYM DEVELOPMENT COMPANY Page 4 of 7 PCD /53- 0044 /W113 -61 /TR 12642 Corditicns of Aco roval June 22, 1954 B. Install underground conduit with a pull cord (for future installation of additional lights) through the tract; C. Deposit monies with the Special Districts Department to cover all installation and connection charges for additional street lights per adopted County policy retarding light pole spacing and location. D. Prior to recordation, the tract shall be annexed to the appropriate district to provide street light maintenance. 12. Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non - interference letter from any utility company that may have rights of easement within the property boundaries. 13. Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, which cannot be relinquished or relocated, shall be redesigned. 14. Utility lines shall be placed underground in accordance with the requirements of County Ordinance. 15. All lots on the north side of the parkway shall have a minimum area of 5,500 square feet, with a minimum lot width of 54 feet. All lots on the south side of the parkway shall have a minimum area of 4,000 square feet, with a minimum lot width of 45 feet. Minimum width shall be measured from mid point of lot. 16. The following minimum building setbacks shall be delineated on the final tract map: A. Minimum rear yard setback of 5 feet, or 12 feet between structures; B. Minimum side yard setback of 5 feet, or 10 feet between structures; C. Variable front yard building setback of at least lb feet. D. Minimum street side yard setback of ten (10) feet. 17. A final grading plan shall be required. Said grading plan shall be submitted to the Office of Building and Safety for review and approval. All on -site cut and fill slopes shall be a part of the downhill lot when within or between individual lots. CdRYN DEVELOPMENT COMPANY PUD /83- 0044/W113 -6i /TR 12632 Conditions of Approval June 22, 1384 Page 6 of 7 B. The required street trees. C. All required walls. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face. D. Any existing trees to remain on site. Any existing eucalyptus trees to be retained shall be topped to thirty (30) feet, trimmed along the lower fifteen (15) feet, and cleared of all dead leaves and branches. 24. Three (3) copies of an irrigation plan shall be submitted for Office of Planning review and approval when slope planting is required. Slopes required to be planted shall be provided with an approved system of irrigation, designed to cover all portions of the slope. A functional test of the system may be required. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by a County Service Area. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner. 25. All landscaping and irrigation shown on the approved landscape and irrigation plans and all required walls shall be completed or suitable bonds posted for their completion. •26. A Homeowner's Association for the project shall be established for the maintenance and management of the common open space, recreational facilities, landscaped areas (i.e., park) etc. The Homeowner's Association By -Laws and CC 6 R's shall be submitted prior to recordation of the tract'. A Homeowner's Association shall not be necessary if, prior to recordation of the first tract, an Assessment District or similar entity is created to maintain and manage the project. -27. All equestrian trails shall reflect the standards within the Foothill Community Plan. "28. Parkinc and outside storagt areas should ''me screened from view, to the maximum extend feasible. Screening should ma accomplished by utilizing existing topecraony, by the placement of buildings and structures, or by landscaping and plantings. •29. This tract is part of PUD /83- 0044/W113 -61, and as such, is subject to the regulations and requirements of the PUD, as defined by the County Development Code. *NON-STANDARD CONDITIONS) i CARYN DEVELOPMENT CCMPANTf PVD/83- 0044/W113 -61 /TR 12642 Conditions of Approval June 22, 1384 Pace % or 7 •30. Approval may be granted by the Director of Planning for the creation of two, three or four lots as shown on the approved tentative subdivision for the purpose of obtaining building permits for model homes or units. Prior to issuance of building permits for said model homes, a surety bond or cash deposit shall be posted with the County Transportation Deoartment for the street improvements abutting said lots as required for the approved tentative subdivision. The surety band or cash deposit shall be in an amount equal to a contractor's construction estimate plus ten percent. Applicant is perpztted four model homes per phase. GENERAL REQUIREMENT 31. In compliance with San Bernardino County Ordinance #2684, the applicant shall agree to defend at his sole expense any action brought against the County, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the County, its agents, officers, or employers, for any Court costs and attorney's fees which the County, its agents, officers or employees may be required by a court to pay as a result of such action. The County may, at its sole discretion, participate at its own expense in the defense of any such action but such partic1pation shall not relieve applicant of his obligations under this condition. n PLANNED COMMUNITY CONDITIONS OF APPROVAL BUILDING AND SAFETY 1. A preliminary soils report shall be filed with and approved by the Building Official prior to recordation of the final map. 2. A geology report, prepred by a licensed engineering geologist, shall be filed with and approved by the Building Official. The report shall have been reviewed by a licensed geologist and the costs of such review will be billed to the developer and paid in full prior to recordation of the final map. 3. Grading plans shall be submitted to and approved by the Grading Committee. 4. Obtain a demolition permit for building to be demolished. Underground structures must be broken in, back filled and inspected before covering. 5. Submit plans and obtain building permits for walls. PUBLIC SERVICES 6. Sewage disposal shall be by connection to Cucamonga County Water District Sewers. 7. The water purveyor shall be Cucamonga County Water District. B. The following are the steps that must be completed to meet the requirements for installation and /or finance of the on- site /off -site water system and /or sewer system. A. Where the system is to be installed prior to recordation: The water system, fire hydrants, and /or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and /or sewering utility and the governing fire protection authority. The plans shall be reviewed by a Civil Engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsibility to submit to the Engineering Division a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the improvement has been installed and accepted. B. Where a bond is to be posted in lieu of installation of the improvement: -1- 1. The domestic water plan and /or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The plans shall contain the rquired certificates and approval signatures. A copy of the approved plan shall be submitted to the City Engineering Division. 2. Said engineer shall determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the City Engineering Division. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial arrangements have been completed shall be submitted to the City Engineering Division. 3. Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the City Engineering Division. 9. An acoustical study shall be performed to assess noise levels at the development and shall be reviewed and approved by the Planning Division prior to recordation. Detailed noise analysis and precise mitigation measures shall be submitted to the Planning Division for review and approval prior to recordation. Prior to the issuance of building permits, a report stating that the recommended mitigation measures have been implemented shall be submitted to the Planning Division and the building plans shall be so certified by the acoustical engineer. 10. Any abandoned wells on the property or similar structures that might result in contamination of underground waters shall be destroyed in a manner approved by the County Department of Environmental Health Services. 11. All building construction shall be designed and built to 45 dB(A) Interior sound attenuation level. 12. Use of village perimeter masonry fencing along Milliken Avenue and the south property line to provide privacy and noise shielding. n approximately 8 foot high masonry wall or combination 8 foot high berm -2- and masonry wall will be provided per approval of an acoustical engineer prior to recordation of first tract. The wall can be less than 8 feet high if noise levels do not exceed 45 d8(A) Ldn interior, 65 dB(A) Ldn exterior. If the barrier is greater than 8 feet, then a berm will be used to make up the height greater than 8 feet where grades permit. FIRE PROTECTION 13. Prior to recordation of the first tract, the following shall be accomplished: A. Fire flow requirements shall be 1,750 g.p.m. B. Fire hydrant spacing shall be 400 feet. C. The Caryn Company shall contribute proportionally (based upon impact) to the construction of a fire station facility, and the manning of the fire station for the first year. D. The Caryn Company shall contribute proportionally (based upon impacts) to the purchase of fire equipment (apparatus to man said station). E. Adhere to all standard Foothill Fire District conditions. 14. The above - referenced project is protected by the Foothill Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the fire department for verification of current fire protection development requirements. 15. All new construction shall comply with applicable sections of the Uniform Fire Code. 16. The street address shall be posted with a minimum of three (3) inch numbers, visible from the street, prior to occupancy. 17. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) gauge minimum with three - eighths (3/8) inch minimum to one -half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. 18. All flammable vegetation shall be removed from each building site a minimum distance of thirty (30) feet. 19. Development shall provide for safe and rady access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. -3- 20. An access road shall be provided within fifty (50) feet of aTT buildings if the natural grade between the access road and building is in excess of thirty percent (30X). Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire department. 21. Roadways shall have a minimum vertical clearance of thirteen feet six inches (13' 6 "). 22. A turnaround shall be provided at the end of each roadway, and shall be approved by the fire department. 23. All fire flow requirements are over and above the average daily consumption of water, and the minimum residual pressure shall be twenty (20) psi. 24. The required fire flow shall be determined by appropriate calculations, using the latest edition of the Insurance Services Office (ISO), "Guide for the Determination of Required Fire Flow ". 25. The developer or his engineer shall furnish the fire department with two copies of water system improvement plans where fire protection water systems are required. 26. Adequate provisions shall be made to intercept and conduct the offisite tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties. 27. All lots should drain to streets. If lots do not drain to streets, the cross -lot drainage will be reviewed and approved by the Grading Committee. ENGINEERING 28. Adequate Drainage Easements (Minimum twelve (12) feet wide) shall be provided over the natural drainage courses and /or drainage facilities. The esements shall be designed to contain the 100 -year frequency storm flow plus bulking and freeboard per County Flood Control Standard Criteria. 29. Milliken Avenue shall be designed as a water- carrying street and its water carrying capacity shall be maintained. 30. Adequate rolls shall be provided on the entrance roads to the site at Milliken Avenue to minimize the possibility of street flow entering the site. 31 above the top ofocurb water-carrying or blok allseprovf provided, oreboth, to minimize the possibility of street flows entering the lots. -4- 32. In addition to the Drainage Requirements stated herein, other "on- site" or "off- site" improvements may be required which cannot be determined from tentative plans at this time and would have to be ,•eviewed after more complete improvement plans and profiles have been submitted to this office. 33. The drainage plan has been conceptually approved by the City Engineer. Conditions 35 to 40 and 50 and 51 refer to and are intended to implement the conceptual drainage plan. 34. The protective berm shown on Phase 2 shall be extended to preclude the additional sheet overflows from the west from entering the parcel. 35. Temporary and permanent drainage improvements will be required per the developer's engineer's drainage plan, dated April 6, 1984, to intercept and conduct the larger drainage flows through the site in an approved manner. Note: Design criteria call for a minimum pipe size of 18 inch diameter. 36. The proposed interceptor channel and levee within the County Flood Control District rights -of -way north of the proposed development shall be realigned such that flows will not be intercepted at right angles and the channel has a minimum slope of 1 1 /2% or greater. The channel shall be designed to contain 100 -year storm flows plus bulking and freeboard per County Standard Criteria. 37. The proposed interceptor channel shall dewater into phase 2 approximately 500 feet east of the west phase 2 boundary. 38. A debris basin shall be provided at the inlet of the proposed conduit which will conduct the tributary flows through phase 2. 39. Of a Q 0 closed conduit system is to be used to conduct the tributary flows through the site, the developer's engineer shall show the overflow path for the differential flow (Q100 Q1p) through the development on appropriate mapping prior to clearance by "the Engineering Division. 40. The developer shall enter into an agreement with the County Flood Control District assuming maintenance, operation, and liability responsibilities associated with the proposed interceptor levee(s), channel(s), conveyance facilities, and debris basin(s). In addition, the agreement shall address the timing and cost of levee and channel removal (at the developer's expense) when the need for same no longer exists. 41. 100 -year storm flows tributary to and from the site shall be conducted to Day Creek Basin in compliance with the Day Creek System Plan. 42. The developer shall have this site annexed into the City of Rancho Cucamonga's Community Facilities District No. 84 -1 for the improvement of the Day Creek System. The District has been formed under the Mello - Roos Community Facilities Act of 1982. -5- 43. Day Creek Basin shall be improved to the satisfaction of County Flood Control District as shown in Bill Ma,,n and Associates' "Report on the Day, Etiwanda, and San Sevaine Creeks System Drainage Plan ". If the excavation shown in the plan is not adequate to maintain or reduce the peak flow rates from Day Creek into Riverside County, then adequate excavation of Wineville or Riverside Basin shall be accomplished. Sufficient excavation - (storage capacity) must be created by the developer /owner to accept the incremental increase in volume produced by a 100 -year storm and volume of water produced by 100 -year storm after development is I' My built out. This reference is to excavate sufficient capacity to accommodate each phase as that phase is begun. Any cost will be credited to Mello -Roos up to 100%. 44. A permit will be required for any encroachment or construction of drainage facilities on Flood Control District right -of -way, and a minimum of six (6) weeks processing time should be allowed. 45. Minimum paved width access road to Highland Avenue other than required above shall be 40 feet for a distance of 100 feet north of the intersection with Highland Avenue. 46. The project parkway road shall be designed and constructed to modified local road standards satisfactory to the City Engineering Division as shown in the approved Planned Community text. 47. Retention will be provided to decrease the developed peak flows into Day Creek to an acceptable amount as determined by County Flood Control Department. 48. Both Phase 1 and Phase II will be protected from a 100 -year storm as determined by criteria established by the City Engineering Division. 49. Site development will not incrementally add to the velocity, magnitude or concentrations of runoff affecting downstream properties except into facilities approved by County Flood Control. 50. Drainage from the project site (Phases I and II) shall be directed to Day Creek, there shall not be any release of flows into the Deer Creek Channel. 51. Dedications shall be made by final map of all interior street rights -of- way and all necessary easements as shown on the tentative map. 52. Dedication shall be made of the following rights -of -way on the following streets: 67 -75 additional feet on Milliken 33 additional feet on Banyan 3 additional feet on Rochester 53. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewlk, drive approaches, parkway trees and street lights on all interior public streets. Requirement of sidewalk will be governed by the provision of the Planned Community text. -6- 54. A minimum of 26 -foot wide pavement within a 40 -foot wide dedicated right -of -way shall be constructed for all half- section streets. 55. Any grading within the road right -of -way prior to the signing of the improvement plans shall be accomplished under the direction of a Soil Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades- shall be performed at no cost to City of Rancho Cucamonga and a written report shall be submitted to the City Engineer prior to any placement of base materials and /or paving. 56. Final plans and profiles shall indicate the location of any existing utility facility which would affect construction. 57. Slope rights shall be dedicated on the final tract map where necessary. 58. All street improvements shall be installed to the satisfaction of the City Engineer, prior to occupancy. 59. Vehicular access rights shall be dedicated on Banyan, Milliken, and Rochester and along the rear of double frontage lots. 60. Existing city street requiring reconstruction shall remain open for traffic at all times with adequate detours during construction or street closure permit may be required. A cash deposit shall be required to cover the cost of grading and paving, which shall be refunded on completion of the construction to the satisfaction of the City Engineer. 61. All street names shall be coordinated with the City of Rancho Cucamonga Planning Division. 62. Prior to any work being performed in the public right -of -way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. 63. An encroachment permit shall be required from the State Department of Transportation prior to any construction within their right -of -way. 64. Road improvement plans as applicable to this project for Highland Avenue shall be submitted to the State Department of Transportation by a registered civil engineer. 65. In accordance with the policy of preserving freeway corridors crossing subdivisions, right -of -way adequate for construction of State Highway 30 shall be preserved along this project's frontage. All future tentative tract maps and final development plan maps shall reflect this. 66. Any change to this project as currently proposed, which may be necessitated by the State Department of Transportation recommendations, must be incorporated prior to recordation of the Final Map. 67. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney, guaranteeing completion of the public and /or private street improvements, prior to recording of the map -7- or the issuance of building permits, whichever comes first. 68. Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the City of Rancho Cucamonga. 69. In the event developer fails to acquire the required offsite property intrests, the developer shall, prior to approval of the final map, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as City acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by City to acquire the offsite property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer's cost. The appraiser shall have been approved by City prior to commencement of the appraisal. 70. Right of way and improvements (including off -site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary. 71. The two points of vehicular ingress and egress to the City or State Maintained Road System shall be provided to each phase. 72. Minimum spacing between intersections on local streets shall be not less than 150 feet, and on major and secondary highways not less than 1/4 mile. 73. Milliken Avenue shall be designed and constructed half -width to major divided highway standards as requested by the City of Rancho Cucamonga - 1/2 of a six -lane divided road. A paving width of 40 feet with A.C. berms shall be permitted on Milliken Avenue between Highland Avenue and Spine Road. 74. The developer shall be required to reserve the right of way necessary for construction fo the future Foothill Freeway. This will include interchanges and /or proposed grade separations. The developer shall coordinate with Caltrans as necessary to establish this right of way and shall show it on the maps. 75. Access to existing homes shall be acknowledged in this design. 76. Coordination with Metropolitan Water District shall be effected by the developer as necessary. 77. Access to Flood Control District saleable property north of project shall be incorporated into this deign layout. 78. Subject to City Engineer's approval, temporary access connections to Highland Avenue shall require Caltrans approval and shall require a cash deposit to cover cost of later removal. This cash deposit shall also include cost of design and construction of those portions of the tract perimeter roads outside of State right -of -way. -8- 79. Banyan and Rochester shall be designed and constructed half -width to Collector Road Standards - 1/2 of a two -lane undivided road (26 feet minimum width), subject to temporary construction through future freeway right -of -way as approved by City Engineer. 80. Highland Avenue shall be improved as necessary to provide a 44 foot paved surface at the- tract access points to provide for left turn lanes. Interim spot improvements shall provide for left and right turns. 81. Fifty foot street right -of -ways being proposed for this project have been identified and satisfactory substantiation has been provided to the adequacy of these 50 foot streets. 82. Prior to recordacion, the developer shall submit for approval a traffic study indicating the on -site and off -site impacts on Highland Avenue, on Haven Avenue, and on Milliken with appropriate mitigation measures. The developer's fair share cash contribution toward mitigation shall be $35,000. The contribution shall be paid to the City of Rancho Cucamonga on a per lot basis. 83. Lots 333 through 350 shall not be developed until elimination of the temporary secondary access. 84. Access to Caltrans' property shall be accomplished by using the already existing 20 foot road easement to Highland Avenue, provided this is properly recorded, or by making Lot P adjacent to cul -de -sac N, public right of way. 85. The knuckles and cul -de -sacs shown on the map shall conform to Planned Community text. 86. Fill slope within Caltrans property shall be approved by Caltrans. 87. Project parkway shall be developed to a standard of 2+ lanes (varies). 88. Project Loop Road shall be developed to a standard of 2+ travel lanes. 89. Two inbound and two outbound lanes shall be provided on the project parkway at the Milliken Avenue intersection. 90. The development plans shall provide for preservation of right -of -way for the Foothill Freeway (future Route 30). Over 23 acres along the southern boundary of the site will be reserved within Phase I and II; this location is consistent with the freeway corridor alignment adopted by Caltrans. 91. This project shall be annexed to or shall form a 1972 Landscaping and Lighting Assessment District. All costs associated with the formation of a lighting and Landscaping Assessment District shall be paid by the developer's). -9- PLANNING 92. Prior to the issuance of building permits for any phase of the project, all plans required for that phase shall be approved and the phase of the tract to which the permit has been applied for shall be recorded. Approval for this Planned Community shall be for a period of fifteen (15) years from the date of Board of Supervisors action. The applicant shall file a Final Development Plan for at least one phase of the project within five (5) years of this approval and within each succeeding five (5) year period. Extensions of time may be granted. Extensions of time must be submitted in writing to the Planning Division at least sixty (60) days prior to the expiration date. Grading and model home permits may be issued prior to recordation, subject to compliance with standard City conditions. 93. The Planned Community text shall be modified as follows: A. Under Project Tabulations, the overall density shall be calculated deleting the following: (a) the northeast corner parcel at Milliken and Highland (Not a Part); and (b) property for the Foothill Freeway. B. Under Development Regulations and Standards, 2(b)(1), a statement shall be added which states, "The lot sizes north of the parkway shall vary from 5,500 - 11,000 square feet, with an average of approximately 7,100 square feet, and the lot sizes south of the parkway shall vary from 4,000 - 10,000 square feet, with an average of approximately 5,000 square feet. Combined average of approximately 6,250. The percentage of the number of average sized lots shall be provided. C. Under Development Regulations and Standards, Section 2(h)(2) shall be changed to read, "building site width shall vary depending on lot size ". D. A statement shall be added under Development regulations which states that lot ratio shall not exceed 3:1. E. Under Development Regulations and Standards 2(b)(3), "Building site coverage" shall be changed to "Total Impervious Area: 60% maximum ". F. A statement shall be added under Development Regulations which states variable front yard setbacks shall be provided with a minimum of 16 feet. 94. The landscaped buffer between residential and commercial uses shall be 15 feet. The buffer may be installed on the abutting commercial property at time of its development. 95. Park area totaling 7 acres shall be provided prior to final buiidout of second phase. -10- 96. The applicant shall submit the following information to the City for their review in accordance to the Planned Community Residential Development Review procedure requirements for Planning Commission approval. A. Tentative tract map. B. Conceptual grading map. C. Conceptual building site plan. 0. Conceptual landscape plan showing landscaping and design for all trails, open spaces, walls, street tree planting, slope planting. E. Architectural elevations of all building types. F. Tabulation of the following: 1. Open space area 2. Building coverage 3. Unit areas 4. Number of units 5. Total site area 6. Proposed density G. Plans for all signs. No free standing signs will be permitted except for monument signs, temporary signs, on -site signs, sales, sold and direction signs in accordance with the Sign Ordinance. 97. Prior to recordation of any tract map, final details /plans of Items A -G shall be included in final plan for staff review. 98. On a phased basis, all areas identified as open space shall possess no residential development rights since said development rights have been transferred to other portions of the project. The method of retaining open space shall be agreed upon by the developer and City prior to the recordation of the first tract map for each affected phase. 99. Existing ornamental or native trees shall be retained when possible. Trees to remain shall be identified on the Grading Plan. 100. The final tract map for the first development phase for each parcel in Phase I shall record the order of the phasing plan, unless otherwise approved by the City Engineer. 101. All recreational facilities shall have two points of access, one of which may be emergency only. -11- 102. The conditions outlined in the approved Geologic Report shall become conditions of this project. 103. Persons purchasing property subject to noise levels of 65 Ldn or greater due to the proposed Foothill Freeway shall be informed of said noise levels. 104. All financial arrangements shall be made to provide water, sewer, maintenance, etc., prior to the recordation of the first final development tract map. 105. Approximately fifty percent of the walls or fences adjacent to greenways shall be open view type fencing. Continuous block walls shall not be permitted. 106. Provide a flat useable yard open space excluding graded slopes, building footprints and driveway with a 15 foot minimum distance between buildings and break of slope, or to work with the staff to develop specific performance standards for minimum yard areas for usable private open space. 107. The Planned Community shall contain a maximum of 902 dwelling units. The aforementioned maximum does not include out - parcels or currently owned state right -of -way as shown on Exhibit 3, page 4 of text. 108. Graded slopes will be constructed at slope ratios no steeper than 2 horizontal to 1 vertical, that they be kept to reasonable, vertical heights, and that they be planted with suitable landscaping per City standards. A vertical height limit for graded slopes adjacent to residential development shall be shown within the final grading plan and consistent with Planned Community text. 109. The project site is within the jurisdiction of the West End Resource Conservation District, consequently, water, paving and revegetation and other dust control measures shall be used to minimize fugitive dust generation. 110. The project will provide a minimum of 3.0 acres of park /1000 population. 111. If the school site is combined with the park, the minimum site shall be 13 acres. This requirement may be adjusted to design approval by the Etiwanda School District and the City of Rancho Cucamonga Community Development Department. This condition will be necessary if the school is established as a full -sized facility. 112. Preferably the entire park site should be developed during the first phase; however, if phased development is necessary the park area within the First Phase should provide for a minimum play field of not less than 3.5 acres. 113. Prior to recordation of any tract maps, a "will serve" letter will be required from affected school districts. Phase II development will not proceed until adequate capacity exists for students generated by the development. -12- 114. School fees (as established at time of recordation or otherwise agreed to by developer and district) will be collected for residential development in the project area. This condition shall apply for both the Chaffey Joint Union High School District and Etiwanda Elementary School District. 115. As a "failsafe provision" an "open" school site shall be reserved in Phase 11 until site is determined by Etiwanda Elementary School District not to be necessary. 116. Prior to recordation of final maps a "will serve" letter from the CCWD will be required. (Note: CCWD has already provided a "will" serve letter.) 117. This project will implement water conservation measures including installation of low volume plumbing fixtures and the use of controllers on public area irrigation systems. Off -peak irrigation is encouraged. The use of drought tolerant plant material will be emphasized within common areas. 118. Prior to recordation of any phase determined necessary by CCWD the project will contribute sewer fees that will allow expansion by RP2 to accept the increase of effluent. 119. Design and construction of all facilities will be reviewed and approved by the CCWD. 120. Prior to recordation of any final maps, there shall be established a landscape and lighting district or the equivalent. -13- Conditions of Approval Tract ,`12642 BUILDING AND SAFETY 1. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work and submitted to the City building official. 2. Grading plans to be submitted to and approved by Building and Safety. As required by Lownes geologic reports of May 20, 1983 and March 21, 1984, Earth Research report of January 23, 1984 and Douglas E. Moran review comments dated April 11, 1984, additional geotechnical work required prior to approval of grading plans. 3. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. 4. Obtain a demolition permit for building to be demolished. Underground structures must be broken in, back filled and inspected before covering. 5. Submit plans and obtain building permits for walls required by others. 6. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of issuance of relative permits. 7. Prior to issuance of building permit for a new residential dwelling unit(s) or major addition to an existing unit(s), the applicant shall pay the necessary development fees as per the Annexation Agreement. 8. Street addresses shall be provided by the City Building Official. 9. A geology report, prepared by a licensed engineering geologist, shall be filed with and approved by the Building Official. The report will be reviewed by a licensed geologist and the costs of such review will be billed to the developer and shall be paid in full prior to recordation of the final map. As required by Lownes geologic reports of May 20, 1983 and March 21, 1984, Earth Research report of January 23, 1984 and Douglas E. Moran review comments dated April 11, 1984, additional geotechnical work required prior to approval of grading plans. PUBLIC SERVICES 1. Emergency secondary access shall be provided in accordance with Foothill Fire Protection District Standards. -1- 2. Sewage disposal shall be by connection to Cucamonga County Water District sewers. 3. The water purveyor shall be Cucamonga County Water District. 4. The following are the steps that must be completed to meet the requirements for installation and /or finance of the on- site /off -site water system and /or sewer system: A. Where the system is to be installed prior to recordation: The water system, fire hydrants, and /or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and /or sewering utility and the governing fire protection authority. The plans shall be reviewed by a Civil Engineer, registered in the State of California, and contain required certificates and approval signatures. It is the developer's responsiblity to submit to the City Engineer, a copy of the approved plan and a signed statement from the utility of jurisdiction confirming that the improvement has been installed and accepted. B. Where a bond is to be posted in lieu of installation of the improvement: 1. The domestic water plan and /or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or sewering utility and the governing fire protection authority. The plans shall contain the required certificates and approval signatures. A copy of the approved plan shall be submitted to the City Engineer. 2. Said engineer shall determine the amount of bond necessary to install the improvements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the City Engineer. b. Or, in cases where the water agency or sewering agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that agency stating that financial arrangements have been completed shall be submitted to the City Engineer. -2- 3. Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the City Engineer." 5. An acoustical study shall be performed to assess noise levels at the development and shall be reviewed and approved by the Planning Division prior to map recordation. Detailed noise analysis and precise mitigation measures shall be submitted to the Planning Division for review and approval prior to recordation. Prior to the issuance of building permits, a report stating that the recommended mitigation measures have been implemented, shall be submitted to the Planning Division and the building plans shall be so certified by the acoustical engineer. 6. All existing easements lying within future right -of -way are to be quitclaimed or to be delineated on the nap per City Engineer's requirements. 7. Street Improvement plans street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an encroachment permit. Final plans and profiles shall show the location of all existing utility facilities within the right -or -way. 8. Pavement striping, marking, traffic and street name signing shall be installed per the requirements of the City Engineer. 9. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times during construction in accordance with Foothill Fire District requirements. 10. Prior to issuance of Building Permits for combustible construction, evidence shall be submitted to the Foothill Fire District that temporary water supply for fire protection is available, pending completion of required fire protection systems. 11. The applicant shall contact the D.S. Postal Service to determine the appropriate type and location of mail boxes. 12. Permits from the: San Bernardino County Dust Abatement District may be required prior to issuance of a grading permit. PLANNING 1. Development /Design Review shall be accomplished prior to Annexation to the City of Rancho Cucamonga. -3- 2. The site shall be developed in accordance with the approved site plans on file in the Planning Division, the conditions contained herein, Planned Community Text and where applicable, Development Code regulations. Prior to any use of the project site or business activity being commenced thereon all conditions of approval shall be completed to the satisfaction of the City Planner. 3. Revised site plans and building elevations incorporating all conditions of approval shall be submitted for review and approval by the Planning Division prior to issuance of building permits. 4. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading permit, tree removal, encroachment, building permits, etc.) prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable community plans or specific plans in effect at the time of Building Permit issuance. 6. All lots on the north side of the parkway shall have a minimum area of 5,500 square feet, with a minimum lot width of 43 feet. Ail lots on the south side of the parkway shall have a minimum area of 4,000 square feet, with a minimum lot width of 45 feet. Minimum width shall be measured from mid point of lot. 7. The following are minimum building setbacks: A. Minimum rear yard setback of 5 feet, or 12 feet between structures; (Note condition #108 of the Planned Community Text). B. Minimum side yard setback of 5 feet, or 10 feet between structures: C. Variable front yard building setback with a minimum of 18 feet. D. Minimum street side yard setback of ten (10) feet. 8. A final grading plan shall be required. Said grading plan shall be submitted to the Grading Committee for review and approval. All on -site cut and fill slopes shall be a part of the downhill lot when within or between individual lots. 9. Street trees shall be provided per phase as illustrated in the Planned Community text and per approved landscape plans. 10. Greenbelt improvements shall be provided per phase as illustrated in the Planning Commission text. The first phase built adjacent to a greenbelt area shall be responsible for landscaping the entire width of the greenbelt area adjacent to the subject phase (i.e., Phase 3 shall be -4- reponsible for construction the entire width of the greenbelt planned for Lot "G" to 500' south of "Spine Road "). 11. The applicant shall be responsible for constructing 3 1/2 acres of the acre park prior to recordation of Phase 6 of Tentative Tract 12642. A landscape plan shall be approved prior to development of the park. Landscaping shown on plan shall either be improved or bonds posted for their completion. 12. Equestrian trail adjacent to Banyan Avenue shall be provided per phase and included on landscape plan. 13. Three (3) copies of a Landscaping Plan shall be submitted for Planning Division review and approval. Said Landscape Plan shall include the following: A. The required slope for the surface of all slope banks in excess of five (5) vertical height and of 2:1 or greater slope landscaped and irrigated for erosion control as follows: one 15- gallan or larger tree per each 150 sq. ft. of slope area, one gallon larger size shrub per each 100 sq. ft. of slope appropriate ground cover. In addition, slope excess of eight (8) feet in vertical height and on greater slope shall also include one 5- gallon or larger tree per each 250 sq. ft. of slope area. Trees shall be planted in staggered clusters to soften slope plane. Slope planting required by this section to include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Home Association may be required by the Planning Commission on a case -by -case basis. B. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face. C. Any existing eucalyptus trees to be retained shall be topped to thirty (30) feet, trimmed along the lower fifteen (15) feet, and cleared of all dead leaves and branches. 14. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that it is in satisfactory condition. 15. Hater and energy conservation techniques are encouraged to be utilized, such as special irrigation techniques (e.g., drip irrigation), drought tolerant plant species, alluvial rockscape, etc. 16. Three (3) copies of an irrigation plan shall be submitted for Planning Division review and approval when slope planting is required. Slopes -5- required to be planted shall be provided with an approved system of irrigation, designed to cover all portions of the slope. A permanent irrigation system is required on all slopes with the exception of those less than 10' when within 50' of a hose bib. A functional test of the system may be required. The mainteneance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by a County Service Area. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner. 17. The final design of the perimeter parkways, walls, landscaping and sidewalks shall be included in the required landscape plans and shall be subject to approval by the Planning Division and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 18. Landscaping and irrigation system required to be installed on public right -of -way on the perimeter of this tract area shall be continuously maintained by the developer until accepted by the City and annexed into the landscape maintenance district. 19. All landscaping and irrigation shown on the approved landscape and irrigation plans and all required walls shall be complete' or suitable bonds posted for their completion. 20. Lighting and Landscape District for the project shall be established for the maintenance and management of the common open space, recreational facilities, and public landscaped areas, and trails. 21. All equestrian trails shall reflect the standards of Rancho Cucamonga Development Code. 22. Parking and outside storage areas should be screened from view, to the maximum extent feasible. Screening should be accomplished by utilizing existing topography, by the placement of buildings and structures, or by landscaping and plantings. 23. Approval may be granted by the City Planner for the creation of two, three or four lots as shown on the approved tentative subdivision for the purpose of obtaining building permits for model homes or units. Prior to issuance of building permits for said model homes, a surety bond or cash deposit shall be posted with the County Transportation Department for the street improvements abutting said lots as required for the approved tentative subdivision. The surety bond or cash deposit shall be in an amount equal to a contractor's construction estimate plus ten percent. Applicant is permitted four model homes per phase. 24. Provide all utility services to each lot including sanitary sewerage system, water, electric power, gas and telephone in accordance with utility standards. -6- 25. Installation of any Cable TV service shall be coordinated by the developer with the cable service provider to coincide with trenching for utilities. 26. All utilities within the project shall be installed underground including utilities along major arterials 12 KV and less. 27. Utility easements shall be provided to the satisfaction of the serving utility companies and the City Engineer. 28. Developer shall be responsible for the relocation of existing public utilities, as required. 29. Developer shall be responsible for the installation of street lighting in accordance with Southern California Edison Company and City Standards. 30. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final map will be subject to any requirements that may be received from them. 31. Final parcel and tract maps shall conform to City Standards and procedures. -7- EXHIBIT C CERTIFICATE OF COMPLIANCE -26- PAGE 1 OF 1� CARYN DEVELOPMENT COMPANY PROPERTY EXCLUDING STATE RIGHT —OF —WAY THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER THENCE NORTH 00 °19'39" WEST 2651.49 FEET ALONG THE WEST LINE OF SAID QUARTER TO THE TdORTHIIEST CORNER OP SAID QUARTER; THENCE SOUTH 89 °34'46" EAST 2707.29 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE CENTER OF SAID SECTION; THENCE SOUTH 89 034'34" EAST 1327.73 FEET ALONG THE NORTH LINE. OF SAID SOUTHEAST QUARTER TO THE NORTHEAST CORDER OF THE NORTHWEST QUARTLR OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 °02'02" NEST 2639.28 FEET ALONG THE EAST LINE OF SAID NORTHWEST QUARTER AND THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER, ''I'O THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 036'09" WEST 1324.14 FEET ALONG THE SOUTH LINE OF SAID SECTION TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 049'22" WEST 2694.10 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTH 40.00 FEET THEREOF. MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA JULY 30, 1984 PLANNING: APPEALS: CITY OF RANCHO CUCAMONGA: CARYN PUD: TRACT 12672: WITHDRAWN: PLANNING: ZONING: CARYN DEVELOPMENT CO: PUD: APPROVED; The Board conducts a hearing to consider the appeals filed by City of Rancho Cucamonga of Environmental Hearing Officer's action on environmental analysis of Caryn Development project, (Item 73) and of Planning Commission approval of Caryn Preliminary Development Plan and Tract 12672, (Item 74); also, the Board conducts a hearing to consider the Caryn Development Co. Preliminary Development Plan for 894 residential units and open spaces on 227.21 acres and Final Development Plan for PUD on 100.5 acres located on portions bounded by Highland, Milliken, •) Rochester and Banyan (proposed) Avenues, (Item 75), West Valley Foothills Community Plan area (W113 -61). Notification as required has been made by publication in The Daily Report and The Sun newspapers of general circulation, and by mailing to list on file in the office of the Clerk. Steve Letterley of Planning states the City of Rancho Cucamonga voiced opposition to the project at the June 21, 1984 Planning Commission hearing stating the Environmental Hearing Officer's determination that the mitigation measure which is Condition 4128 of the staff report was not sufficient to meet the services needs set forth in the West Valley Foothills Community Plan text and Environmental Impact Report; the City subsequently filed an appeal which is Item 173 on today's agenda. He states the Planning Commission made an intent to approve Tract 12672 contingent on approval of the Planned Unit Development by the Board of Supervisors; the tract approval included PUD Condition {129 which states: "Prior to recordation the Board of Supervisors shall adopt a resolution to begin formation of an areawide CSA covering the West Valley Foothills Community Plan area." He states Item 74 on today's agenda is the appeal by the City of Rancho Cucamonga of Condition 1129; the appeal states Condition 1129 does not adequately address service needs addressed in the West Valley Foothills Community Plan text and Environmental Impact Report. Mr. Letterley presents the staff reports for Items 73, 74 and 75, copies which are on file in the office of the Clerk. Mr. Letterley states staff recommendation is to delete Conditions 193 and 1129 because staff is pursuing the formation of a County Service Area for the area and recommends the Board make an intent to adopt the District Change from SD to PUD; approve the 902 dwelling unit Development Plan and approve the Final Development Plan for a 470 unit PUD. 7 /1n /RA 1 871 7A a " MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA JULY 30, 1984 . PLANNING: APPEALS: ZONING• RANCHO CUCAMONGA• CARYN DEVELOP: Rick Gomez of the City "of Rancho Cucamonga states the City would support staff recommendation and withdraw the appeals if staff intends to bring a resolution to the Board within the next four to five weeks for formation of the County Service Area. Tommy Stephens of Planning states Staff is in the process of bring to the Board a resolution for formation of the CSA. On motion by Supervisor Townsend, seconded by Supervisor Riordan and carried, the Board of Supervisors hereby: 1) Approves the deletion of conditions 93 and 129 of the, ►OD Conditions of Approval. 2) Accepts the withdrawal of the appeals filed by the City of Rancho Cucamonga (Items 73 and 74). 3) Indicates an intent to adopt the District Change from SD to POD, withholding the adoption of the enabling ordinance for the entire project area pending and to be accomplished con- currently with the recordation of the Final Map for the first phase. 4) Approves the 902 dwelling unit Development Plan on 227.21 acres for POD 183- 0044/N113 -61. 5) Approves the Final Development Plan for 470 units on 100,5 acres for PUD subject to the following conditions, 7/30/84 as 173, 74 i 75 CAsr; DEVELOPMENT COMPANY PUQ /e "3- 0044/%113 -61 Conditions of Approval June 22, 1984 OFFICE OF BUILDING AND SAFETY 1. A preliminary soil report, complying with the provisions of Ordinance 2473 shall be filed with and approved,by the Building Official prior to recordation of the final map. 2. A geology report, prepared by a licensed engineering geologist, shall be filed with and approved by the Building Official. The report will be reviewed by a licensed geologist and the costs of such review will be billed to the developer and shall be paid in full prior to recordation of the final map. 3. Grading plans to be submitted to and approved by the Office of Building and Safety. 4. Obtain a demolition permit for building to be demolished. Underground structures must be broken in, back filled and inspected before covering. 5. Submit plans and obtain building permits for walls required by others. DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES 6. Sewage disposal shall be by connection to Cucamonga County Water District Sewers. 7. The water purveyor shall be Cucamonga County Water District. 8. The following are the steps that must be completed to meet' the requirements for installation and /or finance of the on- site /off -site water system and /or sewer system: A. Where the system is to be installed prior to recordation: T%e water system, fire hydrants, and /or sewer system shall be installed in accordance with requirements of the State Health and Safety Code, and in accordance with plans approved by the water and /or sewerrng utility and the governing fire protection authority. The plans shall be reviewed by a Civil Engineer, registered in the State c! >_li`-ornia, and contain required certificates and approval signatures. It is the developer's r asoonsibility to submit to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION, a copy of the approved plan and a signeci statement ZrOm the utility of jurisdiction confirming that the improvement has been installed and accepted.. CARP: DEVELOPMENT COMPANY PUD/B3- 0044/W113 -61 Conditions of Approval June 2?, 1964 Where a bond is to be posted in lieu of installation of the improvement: The domestic water plan and /or sewer plan which meets the requirements of the State Health and Safety Code shall be reviewed by a Civil Engineer, registered in the State of California, and approved by the water or severing utility and the governing fire protectic, authority. The plans shall contain the recurred certificates and approval signatures. A copy of the approved plan shall be submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. Said engineer shall determine the amount of bond necessary to install the ir.provements. a. This amount plus ten percent shall be posted with the County of San Bernardino. A statement signed by the engineer stating that the amount of bond recommended is adequate to cover the cost of installation of the improvement shall be included with the estimate and submitted to the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION. b. Or, in cases where the water agency or severing agency is a governmental subdivision, the bond in the amount of 110 percent of the cost of installation of the improvement may be placed with the agency. A signed statement from that . agency stating that financial arrangements have been completed shall be submitted to the OFFICE OF SURVEYOR, LARD DEVELOPMENT SECTION. Prior to release of the bond for the improvement, the utility of jurisdiction shall submit a signed statement confirming that the improvement has been installed and meets the requirements of all appropriate State and County laws pertaining to such improvement. It is the developer's responsibility that such signed statement is filed with the OFFICE OF SURVEYOR, LAND DEVELOPM£:GT SECTION. An acoustical study shall be performed to assess noise levels at the developme „t and shall be reviewed and approved by the Department of Environmental Health Services prior to recordation. Detailed noise analysis and precise miticaticn measures shall be submitted to the Department of Environmental Health services for review and approval prior to recordation. Prior to the issuance of building permits, a report stating that the recommended mitigaton measures have CAR)'N DEVELOPMENT COMP ?23y PUD /Si- 0044/W113-61 Conditions of Approval June 22, 1984 been implemented shall be submitted to the Department of Environmental Services and the building plans shall be so certified by the acoustical engineer. 30. Any abandoned wells on the property or similar structures that might result in contamination of underground waters shall be destroyed in a manner approved by the Department of Environmental Health Services. "ll. Design and construct to 45 dB(A) intericr. • -12. Use of village perimeter masonry fe1jing along Milliken Avenue and the south property line to provide privacy and noise shielding. An approximately 8 foot high masonry wall or combination 8 foot high berm and masonry wall will be provided per approval of an acoustical engineer prior to recordation of first tract. The wall can be less than 8 feet high if noise levels do not exceed 45 4B(A) Ldn interior 65 dB(A) Ldn exterior. If the barrier is greater than 8 feet, then a berm will be used to make up the height greater than 6 feet where grades permit. FOOTHILL FIRE PROTECTION DISTRICT •13. Prior to recordation of the first tract, the following shall be accomplished: A. Fire flow requirements shall be 1,750 g.p.m. B. Fire hydrant spacing shall be 400 feet. `•C. The Caryn company shall contribute proportionally (based upon impact) to the construction of a fire station facility, and the manning of the fire station for the first year. '•D. The Caryn Company shall contribute proportionally (based upon impacts) to the purchase of fire equipment (apparatus to man said station). E. Adhere to all the standard West Valley conditions. FO?,ESTRy AND FIRE WARDEN DEPARTMENT 14. The above- referenced project is protected by the Foothill Fire Protection District. Prior to construction occurring on any parcel, the owner shall contact the fire department for verification of current fire protection development requirements. CARYS E_VELOPmENT COMPANY PUD /83- 0044/W 113 -61. Conditions of approval June 22, 1964 15. All new construction shall comply with applicable sections of the Uniform Fire Code. 16. The street address shall be posted with a minimum of three (3) inch numbers, visible from the street, in accordance with San, Bernardino County ordinance 2106, prior to occupancy. 17. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) guage minimum with three - eights (3 /8) inch minimum to one -half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position„ adequately supported to prevent movement and visible from the ground. 1B. All flammable vegetation shall be removed from each building site a minimum distance of thirty (30) feet. 19, Development shall provide for safe and ready access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations. 20. Private roadways which exceed one hundred fifty (150) feet in length shall be approved by the fire department, and shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to all portions of the exterior walls o`- the first story of any building. An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and building is in excess of thirty percent (30%). Where the access roadway cannot be provided, approved fire protection •system or systems shall be provided as required and approved by the fire department. 21. Roadways shall have a minimum vertical clearance of thirteen feet six inches (13' 6 "). 22. A turnaround shall be provided at the end of each roadway, and shall be approved by the fire department. 23. Road maintenance, including but not limited to grading and snow removal, shall be provided for. CARYN DEVELOPMENT COMPANY PUD /53- 0044/6113 -61 Conditions of Approval June 22, 1984 24. All fire flow requirements are over and above the average daily . consumption of water, and the minimum residual pressure shell be twenty (20) psi. 25. The required fire flow shall be determined by appropriate calculations, using the latest edition of the Insurance Services Office (ISO), "Guide for the Determination of ,Required Fire Flow ". 26. The developer or his engineer shall furnish the fire department with two copies of water system improvement plans where fire protection water.systems are required. OFFICE OF SURVEYOR LAND DEVELOPMENT /DRAINAGE SECTION 27. Adequate provisions shall be made to intercept and conduct the offsite tributary drainage flow around or through the site in a manner which will not adversely effect adjacent or downstream properties. 28. All lots should drain to streets. If lots do not drain to streets, the cross -lot drainage will be reviewed and approved by the Office of Building and Safety under various ordinance involved. 29. Adequate San Bernardino County Drainage Easements (Minimum fifteen (15) feet wide) shall be provided over the natural drainage courses and /or drainage facilities. The easements shall be designed to contain the 100 -year frequency storm flow plus bulking and freeboard per County Standard Criteria. 30. Grading plans shall be submitted to Surveyor's Office - Drainage Section for review. 31. Milliken Avenue shall be designed as a water - carrying street and its water carrying capacity shall be maintained. 32. Adequate rolls shall be provided on the entrance roads to the site at Milliken Avenue to minimize the possibility of street flow entering the site. 33. Lots adjacent to water- carrying streets shall be adequately elevated above the top of curb, or block walls provided, or both, to minimize the possibility of street flows entering the lots. 34. In addition to the Drainage Requirements stated herein, other "on -site" or "off -site" improvements may be required which . CARYN DEVELOPMENT COMPANY PUD/63- 0044/W113 -61. Conditions of Approval June 22, 1964 cannot be determined . from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. •35. The protective berm shown on Phase 2 shall be extended to preclude the additional sheet overflows from the west from entering the parcel. •36. Temporary and permanent drainace improvements will be required per the developer's engineer's drainace plan, dated April 6, 1964, to intercept and conduct the larder drainace flows through the site, in an approved manner. Note: County design criteria calls 'tor a minimum pipe size of 24 inch diameter. •37. The proposed interceptor channel and levee within District richts -of -way north of the proposed development shall be realigned such that flows will not be intercepted at right angles and the channel has a minimum slope of 1 1 /2l or greater. The channel shall be designed to contain 100 -year storm flows plus bulking and freeboard per County,Standard Criteria. 136. The proposed interceptor channel shall dewater into phase approximately 500 feet east of the west phase 2 boundary. •39. A debris basin shall be provided at the inlet of the proposed conduit which will conduct the tributary flows through phase 2. •40. If a 010 closed conduit system is to be used to conduct the .. tributary flows through the site, the developer's encineer shall show the overflow path for the differential flow (0100 - 010) through the development on appropriate mapping prior to clearance by the Subdivision Review Committee. '41. The developer shall enter into an agreement with the District assuming maintenance, operation, and liability responsibilities associated with the proposed interceptor levee(s), channel(s), conveyance facilities, and debris basin(s). In addition, the agreement shall address the timing and cost of levee and channel removal (at the developer's expense) when the need for same no longer exists. •42., 100 -year storm flows tributary to and from the site shall be conducted to Day Creek Basin in compliance with the Day Creek System Plan. •IiON- S':ANDARD CONDITIONS) CARYN DEVELOPMENT COMPANY PUD%53- 0044/W113 -61 Conditions of Approval June 22, 1984 •43. The developer shall have this site annexed into the City of Rancho Cucamonga's Community Facilities District No. 84 -1 for the improvement of the Day Creek System. The District is being formed under the Mello -Roos Community Facilities Act of 1982. If no Community Facilities District is formed, the property shall contribute to a ray Creek improvement project to the same extent as watershed property within City boundaries. •44. Cay Creek Basin shall be improved as shown in Bill Mann and Associates' "Report on the Day, Etiwanda, and San Sevaine Creeks System Drainage Plan." If the excavation shown in the plan is not adeh"uate to maintain or reduce the peak flow rates from Day Creek into Riverside County, then adequate excavation of Wineville or Riverside Basin shall be accomplished. Sufficient excavation (storage capacity) must be created by the developer /owner to accept the incremental increase in volume produced by a 100 -year storm and volume of water produced by 100 -year storm after development is fully built out. This reference is to excavate sufficient capacity to accommodate each phase as that phase is begun. Any cost will be credited to Mello -Roos up to 100%. •45. A permit will be required for any encroachment or construction of drainage facilities on Flood Control District right -of -way, and a minimum of six (6) weeks processing time should be allowed. •46. Minimum paved width access road to Highland Avenue other than required above shall be 40 feet for a distance of 100 feet north of the intersection with Highland Avenue. •47. The project parkway road shall be designed and constructed to modified local road standards satisfactory to the Transportation /Flood Control Department. ••46. Retention will be orovided to decrease the developed peak flows into Day Creek to an acceptable amount as determined by County Flood Control Department. ••49. Both Phase I and Phase 11 will be protected from.. a 100 -year storm as determined by criteria established by the County Flood Control Department. 11•50. Site development will not incrementally add to the velocity, magnitude or concentrations of runoff effecting downstream properties except into facilities approved by County Flood Control. *NO!:- STA\D.RD CONDITION(S) 7/30/84 as 173, 74 6 75 •• :•IITIGATION MEASURE(S) a CARYN DEVELOPMENT COMPA_VY PUD/63- 0044/W113 -61 Conditions of Approval June 22, 1964 ••51. Drainage from the. project site (Phases I and II) shall be directed to Day Creek, there shall not be any release of flows into the Deer Creek Channel. •`52. Phases I and II shall contribute to Day Creek improvements in an amount equivalent to that established fcr orccerties within the City of Rancho Cucamonga. OFFICE OF SURVEYOR LAND DEVELOPMENT /ROADS SECTICN 53. Roads within this development shall be entered into the County Maintained Road System. 54. Road sections within and /or bordering the tract shall be designed and constructed to modified Valley Road Standards of San Bernardino County, and to the policies and recuirements of the County Transporation and Flood Control Department and in accordance with the Master Plan of Highways. 55. Any grading within the road right of way prior to the signing Of the improvement plans shall be accomplished under the direction of a Soil Testing Engineer. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to San Bernardino County and a written report shall be submitted to the Contracts Division of the Transportation and Flood Control Department, prior to any placement of base materials and /or paving. 56. Final plans and profiles shall indicate the location of any existing utility facility which would affect construction. 57. Slope rights shall be dedicated on the final tract map where necessary. 58. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to the Transportation and Flood Control Department. 59. Vehicular access rights shall be dedicated on Banyan, Milliken, and Rochester and along the rear of double frontage lots. 60. Existing County roads which will require reconstruction shill remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit shall be made to cover the cost of grading and paving prior to recofdation of the tract map. Upon completion of the rading and paving to the satisfaction of the Transportation and Flood e Control Denartment, the cash deposit may be refunded. CARY\ DEVELOPMENT COMPANY � PUD%83- 0044/W113 -61 Conditions of Approval June 22, 1964 61. All road names shall be coordinated with the County Transportation and Flood Control Department, Traffic Division. 62. An encroachment permit, or authorized clearance," shall be obtained from the County Transportation and Flood Control Department prior to issuance of a crad:ra permit by the Of`_ice of Building and Safety. 63. An encroachment permit shall be required from the State Department of Transportation prior to any construction within their right -of -way. 64. Road improvement plans as applicable to this project for Highland Avenue shall be submitted to the State Department of Transportation by a registered civil encineer. 65. In accordance with post- County policy of preserving freeway corridors crossing subdivisions, right -ef -way adequate for construction of State Highway 30 shall be preserved along this project's frontage. All future tentative tract maps and final development plan maps shall reflect this. 66. Any change to this project as currently proposed, which may be necessitated by the State Department of Transportation recommendations, must be incorporated prior to recordation of the Final Map. V. All required road and drainage improvements shall be bonded in accordance with County Development Code unless constructed and approved prior to recordation of Final Map. 68. Turn arounds at dead end streets shall be in accordance with the requirements of the County Transportation and Flood Control Department, and the Forestry and Fire Warden Department. 69. Txisting utility poles shall be shown on the imcrovement plans and relocated as necessary without cost io the County. 70. Street type entrance(s) shall be provided to the entrance(s) to this development, 71. In the event developer fails to acquire the required offsite property interests, the developer shall, prior to approval of the final map, enter into an acreement to complete the improvements pursuant to Governnent Code Section 66462 at such time as County acquires the property interests required for the improvements. Such agreement shall provide for payment by developer of all costs incurred by County to 1/Ant -, All 76 P. 19 CARYN OEVELOPNENT COt"?"'N P0D /g- 3- 0044/W113 -6.1 Conditions of Approval June 22, 1964 acquire the offsite property interests required in connection with.the subdivision. Security for a portion of thesa costs shall be in the -form of a cash deposit in the amount given in an appraisal report obtained by developer, at developer's cost. The appraiser shall have been approved by County prior to commencement of the appraisal. 7.. Right of way and improvements (including cff -site) to transition traffic and drainage flows from propcsed to existing, shall be required as necessary. •73. The two points of vehicular ingress and egress to the County or Stp;te Maintained Road System shall be provided to each phase. •74. Minimum spacing between intersections on local streets shall be not less than 150 feet, and on major and secer.dary highways not less than 1/4 mile, and the map shall be revised to show this. ••75. Milliken Avenue shall be designed and constructed half -width to major divided highway standards as recuested by the City of Rancho Cucamonga - 1/2 of a six -lane divided road. A paving width of 40 feet shall be permitted on Milliken Avenue between Highland Avenue and Spine Road. •76. The developer shall be required to reserve the right of way .. necessary for construction of the future Foothill Freeway. This will include interchanges an6lor proposed grade separations. The developer shall coordinate with Ca'_trans as necessary to establish this right of way and shall show it on, the maps. •77. Access to existing homes shall be acknowledged in this design. •76. Coordination with Metropolitan Water District shall be effected by the developer as necessary. •79. Access to Flood Control District saleable property north of project shall be incorporated into this design layout. •60. Temporary access connections to Richland Avenue shall require Caltrans approval and shall require a cash deposit to cover cost of later removal. This cash deposit shall also include cost of '_esign and construction of those portions of the tract perimeter roads outside of State right -of -way. **El . Banyan and Rochester shall be designed and constructed half - width to collector Road Standards - 1/2 of a two -lane, undivided road (26 feet minimum width). •yarn•- a *er,+ne on elwn7TlOWS) 71101AL aF A73. 76 A 75 I CAP.`.% DEVELOPMENT' COMPANY ?UDi63- 0044/W113 -61 Conditions of Approval June 22, 1984 •'c2. Highland Avenue shall be improved as necessary to provide a 44 foot paved surface at the tract access points to provide for left turn lanes. Interim spot improvements shall provide for left and right turns. • ?2. Fifty foot street richt -of -ways beinc prccosed for this project shall be identified and satisca c cry subsea r.tiati on provided to the adequacy of these 50 font streets. This shall be accomplished prior to approval of the preliminary plan. "64. Prior to recordation, the developer shall submit for approval a traffic study indicating the on -sice and off -site izpacts on Highland Avenue, on Haven Avenue and on Milliken with appropriate mitigation measures. The developer's fair share cash contribution toward mitigation shall be $134,000.000. The contribution shall be paid to the city of Rancho Cucamonga on a per lot basis. This condition is not to be construed as precedent setting for future projects within the West Valley Foothills Community Plan but each pro3ect shall be analyzed on an individual basis. •85. Lots 333 through 340 shall not be developed until removal of the temporary secondary access. •86. Access to Caltrans' property shall be accomplished by using the already existing 20 foot road easecent to Highland Avenue, provided this is properly recorded, or by making Lot P adjacent to cul -de -sac W, public right of way. •67. The knuckles shown on the map shall conform to Standard :121. •86. Fill slope within Foothill Freeway right -of -way shall be approved by Cal- Trans. •'89. Project Parkway - 2k lanes (varies). ..00. Project Loop Road - 2r travel lanes. '•91. Two inbound and two outbound lanes on the project parkway at the Milliken Avenue intersection. ••92. Preservation of richt -of -way for the Foothill Freeway (future Route 30). Over 23 acres along the southern 'boundary of the site will be reserved within Phase I and II; this location is consistent with the freeway ccrridor elicnment adopted by Caltrans. *.NON- STANDARD CONDITION(S) .. ._._._..... ,,mere 7/ F84 *171 1A R 79 CARYN DEVELOPMENT COMPANY PUD/83-0044/W113-61- Conditions of Approval June 22, 1984 SPECIAL DISTRICTS •93. 4,. romj>14 nee -u4 it h - the - hest -Ya I I ey_EOOt bi l I,_COa.uni.ty_Bla , - et --th- inset -o4- development;- an- atea -wide -County - 9ervice, -Area Deleted ( L£; �)- sha ?i- be- ,fofined- to- previde -ver ieea- Iervieee- forth. EOS prefect - {9'f aet- 32642) -wk teh- i _ -tea 7i 3'�i 54 L2{t ;fie- Gd6tiiEt-waG?I.l n- fl=.e- ESA ♦-6Fa11 -E �rc::�serz:rs,- etas @arEs - gad- prgcedu asc -ss: -'cy - :'.:e- Sos•�ial �listzi tts- i>eperiment- Eer- cne-forr..e Bien- e'_-e -di etrict. •94. It is anticipated that the Special Districts Department will form a 1972 Landscaping and Lighting Assessment District for the referenced project. All costs associated with the formation of a Lghting and Landscaping Assessment District shall be paid by the developer(s). OFFICE OF PLANNING 95. Prior to the issuance of building permits for any phase of the project, the Final Development Plan for that phase shall be approved and the phase of the tract to which the permit has been applied for shall be recorded. Approval for this Preliminary Development Plan shall be for a period of fifteen (15) years from the date of Board of Supervisors action. The applicant shall file a Final Development Plan for at least one phase of the project within five (5) years of this approval and within each succeeding five (5) year period. Extensions of time may be granted. Extensions of time must be submitted in writing to the Planning Officer at least thrity (30) days prior to the expiration date. Grading and model home permits may be issued prior to recordation, subject to compliance with standard County requirements. 96. The Development Plan Report shall be modified as follows: A. Under Project Tabulations, the overall density shall be calculated deleting the following: a) the northeast corner parcel at Milliken and Highland (Not a Part); and b) property for the Foothill Freeway. B. Under Project Tabulations, the overall density shall be shown to be 4.61, using a gross acreage of 195.57 acres. C. Footnote •• under Project Tabulations shall indicate that 151 density bonus is provided for property with +an overall slope of 101 or less. •pn.+_gm•. w -neon I`nnTNTT(IN (S) �,.n rn CAAYN' DEVELOPMENT COMPANY PUD!63- 0044/W113 -61 Conditions of Approval June 22, 1984 D. Under Development Regulations and Standards, 2(b)(1), a statement shall be added which states, "The lot sizes north of the parkway shall very from 5,500 - 11,000 square feet, with an average of approximately 7,100 square feet, and the lot sizes south of the parkway shall vary from 4,000 - 10,000 square feet, with an average of approximately 5,000 square feet. Coabined average of approximately 6,250. The percentage of the nur,.ber of average sized lots shall be provicec. E. Under Development Regulations and Standards, Section 2(h)(2) shall be chanced to read, "building site width shall vary depending on lot size." F. A statement shall be added under Development Regulations which states that lot ratio shall not exceed 3:i. G. Under Development Regulations and Standards 2(b)(3), "Building site coverage" shall be chanced to "Total Impervious Area: 604 maximum." . H. A statement shall be added under Development Regulations which states variable front yard setbacks shall be provided with a minimum of 18 feet. 97. The landscaped buffer between residential and commercial uses shall be 15 feet rather than 5 feet. •98. Park area totaling 7 acres shall be provided prior to final buildout of second phase. •99. A Homeowners' Association for the project shall be established for the maintenance and management of the common open space recreational facilities, landscaped areas, etc. The Homeowners' Association By -Laws and CC&R's shall be submitted with the Final Development Plan. A Homeowners' Assoc Leti on shall not be necessary if, prior to recordation of the First Phase Tract, an Assessment District or similar entity is in place to maintain and manage the project. •100. Twenty -five (25) copies of a completely dimensioned Final Development Plan for each phase of the PUD shall be provided to the office of Planning for review, distribution, and Planning Commission approval. In addition to the standard checklist requirements, the Final Development Plan shall show the following, if applicable: A. Pedestrian walkways, biking trails and bridle trails to be constructed (community equestrian trail contiguous to 'Banyan Avenue shall be shown). CAR`!N DEVELOPMENT COMPANY PU D/83- C044114113 -fit Conditions of Approval June 22, 1984 B. Recreation facilities (including detailed plans on the parks). C, Parking bays to be constructed along the road system. D. Detailed footprint of building envelopes for sincle- family structures on all lots alcr•c with pad elecaticns, building types and building heights. E. Tabulations of the locations of the following: 1. open space area , 2. paved area 3. streets 4. units area 5. number of units 6. acres 7. proposed density F. Plans for any and all signs. No freestanding signs will be permitted except for monument signs, temporary on -site sales signs and directional signs. G. Those street curbs where parking is not permitted. H. The preliminary grading proposal. 1. A landscaping plan for open space areas, community recreation facilities, walls, street trees, etc. (Note: A landscaping plan will be required as Condition of Approval of the Final Development Plan and tentative tract. The proposed landscaping in the proposed tract shall be regarded as preliminary and changes will be made in the Final Development Plan conditions.) `101. All private streets shall be designed to PUD standards. Streets where parking is provided on one side only shall be appropriately striped and posted. *102. Sidewalks shall be provided on all public and private streets, unless it can be demonstrated that deletino a sidewalk will not jeopardize the health and safety of the pedestrian. •103. On a phased basis, all areas identified as open space shall possess no residential development rights since said development rights have been transferred to other portions of the project. The method of retaining open space shall be agreed upon by the developer and County prior to the recordation of the first tract map for each affected phase. 9 CARYN DEVELOPMENT COMPANY PL'D /B1- 0044/W113 -61 Conditions of Approval June 22, 1984 •104. Existing ornamental or native trees shall -be retained when possible. Trees to remain shall be identified on the Final Development Plan. •105. The final tract map for the first development phase for each parcel in said land sale phase shall record concurrently and in numeric order of the land sales phase, unless otherwise approved by the Office of Planning. •106. Construction phasing shall correspond to the land sales phasing. •107. All recreational facilities shall have two points of access, one of which may be emergency only. •108. The conditions outlined in the County approved Geolocic Reoort shall become conditions of this project. •109. In compliance with San Bernardino County Ordinance, the applicant shall agree to defend at his sole expense any action brought against the County, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the County, its agents, officers, or employees, for any Court costs and attorney's fees which the County, its agents, officers, or employees may be required by, a court to pay as a result of such action. The County may, at its sole discretion, participate at its own expense in the _defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. .•110. Persons purchasing property subject to noise levels of 65 Ldn or greater due to the proposed Foothill Freeway shall be informed of said noise levels. 0 '111. All financial arrangements shall be made to provide water, sewer, maintenance, etc, prior to the recordation of the first final development tract map. •112. Fifty percent of the walls or fences adjacent to greenways shall be open view type fencing. Continuous block walls shall not be permitted. !113. A master landscape plan illustrating A. Block wall detail B. Park improvements CARYN DEVELOPMENT . COMPANY PUD /E3- 0044/1:113 -61 Conditions of Approval June 22, 1964 D. Equestrian trail_ standards shall be approved prior to recordation of the first phase. The City of Rancho Cucamonga shall be provided the opportunity to review and comment on said plan. *114. Provide a flat usable yard open space excluding graded slopes, buildino footprints and driveway with a 15 foot minimum distance between buildings and break of slope, or to work with the applicant to develop specific performance standards for minimum yard areas for usable private open space. *115. The P.U.D. shall contain a maximum of 902 dwelling units. The aforementioned maximum does not include out - parcels or currently owned state right -of -way as shown on Exhibit 3, pace 4 of text. * *116. Graded slopes will be constructed at slope ratios no steeper than 2 horizontal to 1 vertical, that they be kept to reasonable verticae heights, and that they be planted with suitable around cover. A vertical height limit for graded slopes adjacent to residential development shall be approved prior to the Final Development Plan. * *117. The project site is within the jurisdiction of the West End Resource Conservation District, consequently, water, paving and revegetation and other dust control measures shall be used to minimize fugitive dust generation. Exact mitigation measures shall be established by the West End Resource Conservation District during their review of the soil erosion permit issued by the San Bernardino County Agricultural Department. The permit shall be obtained prior to the commencement of any grading on site. * *118. The project will provide a minimum of 3.0 acres of park /1000 population. * *119. If the school site is combined with the park, the minimum site shall be 13 acres. This requirement may be adjusted to desion approval by the Etiwanda School District and the City of Rancho Cucamonga Community Development Department. This condition will be necessary if the school is established as a I ull -sized facility. * *120. Preferably the entire park site should be developed during the first phase; however, if phased development is necessary the park area within the First Phase shuld provide ;for a minimum play field of not less than 3.5 acres. •Nl1Y- a ^1Nn_An PnpnTTTON(S) 7 /7n /" -- A70 It 4 79 CAAS•N DEVELOPMENT-COMPANY PUD /63- 0044jW113 -61 Conditions of Approval June 22, 1984 ••121. PrioF to recordation of any tract maps, W "will serve" letter will'be required from affected school districts. Phase 1I development will not proceed until adequate capacity exists for students generated by the development. •'122. School fees (as established at tine of recordation or otherwise agreed to by developer and district) will be collected for residential development in the project area. This condition shall apply for both the Chaffey Joint Union High School District and Etiwanda Elementary School District. ••123. As a "failsafe provision" an "open" school site shall be reserved in Ph asX II until site is determined by Etiwanda Elementary School District not to be necessary. •'124. Prior to recordation of final maps a "will serve" letter from the CCWD will be required. (Note: CCWD has already provided a "will" serve letter.) "•125. This project will implement water conservation measures including installatin of low volume plumbing fixtures and the use of controllers on public area irrigation systems. Off - peak irrigation is encouraged. The use of drought tolerant plant material will be emphasized within common areas. ••126. Prior to recordation of any phase determined necessary by CCWD the project will contribute sewer fees that will allow expansion by RP2 to accept the increase of effluent. •'127. Design and construction of all facilities will be reviewed and approved by the CCWD. •'128. Prior to recordation of any final maps, there shall be established a landscape and lighting district or the equivalent. •129. Pzioz_to _znco:.datinn :.Ta Board A- Supe:yiaora_sball_Ldopt_a Deleted BOS resorut i.c¢ -to -becin at ArL A1•eewi4e- Ctn- c*yeC4 t%g -the 7/30/84 ties." Val -1 Foct;r:dds CU„.�unt<y -Finn -area. *'130. A fiscal analysis shall be prepared prior to any consideration of any annexation into any City Service District for any service not currently provided by any entity. "MITIGATION MEASURE(S) 7/30/84 es 973, 74 6 75 Page 19 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA JULY 30, 1986 PLANNING: APPEALS: ZONING: RANCHO CUCAMONGA: CARYN DEVELOPMENT: 6> Adopts the Mitigative Negative Declaration and directs the Clerk to file a Notice of Determination. PASSED AND ADOPTED by the Board of Supervisors-of the County of San Bernardino, State of California, by the following vote: AYES: Riordan, Townsend, McElwain NOES: None ABSENT: Joyner, Hammock STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ` 1, MARTHA M. SEKERAK, Guk of the Board of Supervaors of San Bernardino County, California, hereby certify the fongomil 10 be a full, true snd correct copy of the record of the action taken by said Bond of Sutarmaors, by vote of the members present, at the same appears in the Ofbcial Minutes of Slid Bond of its meeting of July 30, 1484 Dated. 8123/84 ea #73, 74 6 75 MARTHA M. SEKERAK cc; Planning Sur, yor, b Safety, __Clerko uidBoard ' Transp., Surveyor, Appellant, APOlicant, Co. Counsel, By MANAGEMENT DEPARTMENT wa] AM9"6W AV • G]] 6WWdino, CA A241SOfA0 • P14)=3.3944 August 31, 1984 COUNTY OF SAN URNAAMN( 1 MYIAONNtNTAI G..°....'e.a NNUC WOW Ai4NCT The Caryn Development Co. Nall i Foreman, Inc. 10340 Foothill Blvd. 3186 -L Airway Avenue Rancho Cucamonga, CA 91730 Costa Mesa, CA 92626 RE: MS/84- 0003/W113- 61/W84 -291 Gentlemen: aENME1N C.10.pN0 ON*m AO,wwlnlw twme,,.N awNagntnl JOHN N. J.40UFSS Un014unptnwnl Oxtnw q]Q q t]RO»f I,10 W In nw r] ON qiQ 0 M,tM4(. C�,rF'1Ib, -7 yer w w» Wtr.I (,-tz .( I]Pi p] 10» This is to advise you that your minor subdivision application has been APPROVED subject to your completion of the following requirements: (1) Parcel Map delineating road alignment and properly locating irregularly configured parcels. (2) Road improvements as required with Tentative Tract 12642. Conditions of Approval of the Drainage Section, Office of Surveyor, are as required under Tract 12642 and PDD W113 -61. Improvements will not be required until construction of any lot is undertaken. In accordance with the San Bernardino County Development Code, section 84.0205(1), all requirements specified on the attached sheet(s) shall be met within thirty -six (36) months after the date of this letter, or the Conditional Approval is void. One extension of time not to exceed two (1) years may be granted. A written request must be submitted with the appropriate fee, to the Public Information Counter at the address above, prior to the date of expiration. PLEASE NOTE: This will be the only notice given for the above specified expiration date. The applicant is responsible for initiating extension requests. The lots proposed by your Minor Subdivision application cannot be legally divided, recorded, or sold until the requirements listed above have been completed and your application has been given "FINAL APPRovAL".. Any interested person, may, within ten (10) days after receipt of this notice (Director Approval), pursuant to Title 8, Sections 84.0210 and 64.0220 of the San Bernardino County Code, appeal in writing, to the Planning Commission Subcommittee for consideration thereof. The appeal must be made in writing on forms available from this office. If there are any questions, you may call this office at (714) 383 -3944. EPWA /LAND MANAGEMENT DEPARTMENT OFFICE OF PLANNING - r MARILYN 3. BEARDSLEE, Planner West Valley Planning Team "to cc: Surveyor /Land Dev. Graphics GENERAL INFORMATION 1. When the Parcel Nap is waived and the road 'dedications or grants of easement (Conditions 15,6,7, or 8) are required, or when approved access (Condition 441 is recui_ed, the appli- cant is resoon31ble for establishing an appointment with the County Surveyor's yor office, Special Project Section at (714) 383 -1336 to initiate deed preparation. 2. If there are questions regarding road, drainage or survey re- quirements, please contact the County Surveyor's Office, Land Development Division at (714) 383 -7211 and ask for the appro- priate Review Section (Road, Drainage or Survey), 3. Questions regarding water or sewerage conditions, contact the Department of Environmental Health Services at 1714) 383 -3855. I-' a local purveyor of water and /or sewer services was speci- fied, they will also have to be contacted. 4. Questions regarding fire conditions, contact the County Fire Warden at (714) 682 -1226, or if a local agency was specified, contact them at their number. If you have a general question, wish to appeal, or you are unable to resolve•a question with the specific department, call the (Valley /Mountain /Desert) Regional Planning .Team at (713) 383- 3944, 383 -1445 or 383 -1245. 6. If the Parcel Nap is waived, the applicant will record all pri- vate easements by separate instrument. If this cannot be accom- plished by the time final approval is granted, the private ease- ments as shown on the approved Minor Subdivision Plat Rap must be recorded at the time of transfer of title of the property. All native trees, including Joshua Trees are subject to the pro- visions of County Ordinance 81963, and shall either remain, or be appropriately transplanted, or be removed with specific county approval. A w,p t11e1SI0N 1itAh1NG W 7 13 Cn i sW ; JWFDIND C"tf PlA"MIN6 DEPART, ,R ur::!7 ::.•:: m u`,e lCeeL etelt�:.Td wnr,. p['�ata rn*, ::f4 aten¢ b4 th and that ether attern*, • rot :, M1edl and and ire tef the be n .h h nr.v is true and rorreetN to enf et Ftlef e 4 • w WISED MAC .TlLV1`R: MKI. Gea 0.177 ' yef CA,, Nult¢mtet Co 1714) 980.7000 e¢dr.,.-W40 FCOth111 Blvd , ucamonta, G 97770 :4L Gu L:Gi� cv� a ucWm: _ ' +._.1sgme as xJtv!]• h... GEN. YV+N w..0. b G. T. at . 1Ld: ff. Tr. kNFLYLNcL C£ M FEE IILCEI4S N0. $1 �$ ctm ff•4�8M -i ea -w Nall A In f+oi. 17161 641.8777 OAF_ X Cfar MOM" AC. :CiI 3'"4X'd. Aat: ue.•�1B:S_A i.hay Ave. [osd M¢sa. CA 92626 JaTi W FL:1;.: I 4. :^:AC 3C. LJ:; 4 AST:iaOlT ?AACLL2Y0. TR•a2 ff 'IdZA 5:?!�T SYjamanya Co. Nat @r Oi sT sm -Aa 1=:EOp OF Ti:AG tf:T?OG:: ouau[ sEw {as ur::!7 ::.•:: m u`,e lCeeL etelt�:.Td wnr,. p['�ata rn*, ::f4 aten¢ b4 th and that ether attern*, • rot :, M1edl and and ire tef the be n .h h nr.v is true and rorreetN to enf et Ftlef e 4 • MASTER �LAN CARYN PARK THE CARYN COMPANY .,c -YJ T�7b rpL, ?�K 41, J:I 44016-rtp I FINAL ENVIRONMENTAL IMPACT REPORTu s , PREPARED FORy� THE CITY OF RANCHO CUCAMOMOA S[J, 452 x %YS( X 5 Novsmbor 198Aa�.i � r �rx�a � s 4 alta '0�5s rain system r �Wlv�� PREFACE ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 1 PURPOSE OF THIS REPORT This report is intended to produce information usable by the layman and technician alike. It has the specific purpose of providing answers of a factual nature to local decision - makers about the project proposed. This report is not intended to be either •pro• or •con• relative to the project. It presents information about probable events which could or would occur if the project were built. The report also identifies what can be done to avoid any problems discovered or lessen their impacts. Then, alternatives to this project will be considered for comparison with the proposed projects. Finally, the report will identify any problems which cannot be avoided if the project 1s built. This report is intended as a tool , to be utilised by local decision - makers assisting them in making a more informed (an therefore better) decision than could have been made without the Information contained herein. AUTHORITY AHD SCOPE Environmental Impact Reports are authorized and required by the California Environmental Quality Act of 1970. These reports must follow the regulations set out in the California Administrative Code, Title 14, Division 6, Chapter 3, Article 1, Sections 15000 - 15203. On 9 February 1983, an initial Study of this project was made by the City of Rancho Cucamonga (see Appendiz 9.1). During this review a determination was made by the Engineering Staff that t *.s PREFACE ALTA LOMA DRAINAGE SYSTEM Pinal Environmental Impact Report November 1984 Page ii proposed project may have a significant effect or impact upon the environment. Section 15084 of the California Administrative Code states: 15QU ,__PwIrI9p_SS_.kcmaxe_aq_EIB. (a) If the Lead Agency finds after an initial Study that the project may have a significant effect on the environment, the Lead Agency must prepare or cause to be prepared an Environmental Impact Report. (b) An SIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. (c) An SIR should be prepared when there is serious public controversy concerning the environmental effect to a project. Controversy not related to an environmental issue does not require the preparation of an SIR. PROCESS AMD METHODOLOGY This report presents a comprehensive analysis of the environment of the area within which this project is proposed to be built. This report considers impacts in two different ways: individually and cumulatively. Individual impacts are listed and described in detail in Section 3, environmental setting. Cumulative impacts, discussed in Section 6, are this events, actions, or problems which might or would occur as a result of one or more individual impacts. These impacts may be direct: occurring immediately as a result of the project, or indirect: occurring because of some other action enabled first by the propose project. This report then, is intended to identify and discuss the potential Impact of the proposed change in gland use - -a change from an undeveloped, vacant state to an urbanized, altered state. This report should not be utilised in PREFACE ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page iii isolation. It is but one of the tools used to assist in making the most informed decision on the proposed project. BACKGROUND The Alta Loma Channel is presently an unimproved floodway and flood control channel that serves to collect and carry storm water form about 1.5 square miles of mountain and hillside lands. A records search was conducted which showed that the path of this floodway has not changed significantly since 1916 (no earlier records exist). Floods along this channel have caused extensive damage in the past including significant erosion and damage to public facilities such as roads. As development has occurred a greater and greater relative amount of storm water runoff has been experienced because of the lose of undeveloped lands previously available to soak up these storm waters. Flooding and damage, therefore, have continued to become more pronounced and severe resulting from storms of the same magnitude. In the recent past the Alta Loma Channel has experienced severe erosion form storms classified as only *moderate*. Recently one private residence along this channel has been place in jeopardy of collapse or destruction because of erosion of this unimproved channel. The necessary flood control improvements along this flood control channel have become an insure of concern. To offset the costs and to provide necessary funds for the improvement of such flood control channels the City has adopted storm drain fees, to be assessed to all new development. As early as 15 April 1981 the City Engineer noted, •First the current storm drain fees are inadequate to construct the planned drainage facility and, second, that tracts within the infill area require facilities that generally are beyond any practical fee obligation." PREFACE ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page iv Clearly a problem exists. A problem which exposes more and more of the general public to a predictable hazard. Public facilities (such as Hillside, Nilson, and Hermosa Avenues) have been repeatedly and significantly damaged. An unimproved channel no longer serves the public adequately. On 14 July 1981, for example, the City Engineer noted in a memorandum to the City Manager that, *Past experience indicates that due to the erosive character of flows on grades in that area, the increased costs and long term maintenance, this solution would not be cost effective.' While the total is presumed to be significant, no quantification of damages along the Alta Loma Channel has been made to date. However, damages resulting from the 1969 storm along Cucamonga Creek alone have been calculated to be approximately $13,5000,000.000 according to the San Bernardino County Flood Control District. This report is a third impact analysis of this project. Based upon the results and considerations of the two preliminary reports and upon studies made by the City's consultants, the original project was redesigned to a significant degree. The problems associated with the initial design have been carefully reviewed and are generally mitigated in this project redesign. TABLE OF CONTENTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page v Table of Contents SECTION PAGE PREFACE i TABLE OF CONTENTS . . . . . . . . . . . . . iv LIST OF FIGURES .vii MCU71VE SUMMARY 1 1.0 PROTECT DESCRIPTION . . . . . . . . . . 6 1.1 Regional Setting . . . . . . . . 8 1.2 Project Location and Boundary . . . . 8 1.3 Project Objective . . . . . . . . 12 1.4 Project Definition . . . . . . . . 13 1.5 Current Use . . . . . . . . . . 16 1.6 General description of technical and economic characteristics . . . . . . 17 2.0 COMMUNITY DESCRIPTION . . . . . . . . . 20 2.1 Local Setting . . . . . . . . . 21 2.2 General Plan . . . . . . . . . 22 2.3 Zoning . . . . . . . 23 2.4 Project Relationships . . . . . . . 27 3.0 RIVIRORRIMTAL SETTING . . . . . . . . 29 3.1 Geology . . . . . . . . . . . 31 3.1A Setting . . . . . . . . . 31 3.1B Impact . . . . . . . . . . 35 MC Mitigation Measures . . . . . 35 3.1D Unavoidable Adverse Impacts . . . 36 TABLE OF CONTENTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page vi 3.0 ENVIRONMENTAL SETTING (cont.) PAGE 3.2 Soils . . . . . . . . . . . . . . 37 3.2A Setting . . . . . . . . . 37 3.28 Impact . . . . . . . . . . 39 3.2C Mitigation Measures . . . . . 41 3.20 Unavoidable Adverse Impacts . . . 42 3.3 Hydrology . . . . . . . . . 43 3.3A Setting . . . . . . . 43 3.30 Impact . . . . . . . . . . 52 3.3C Mitigation Measures . . . . . 56 3.3D Unavoidable Adverse Impacts . . . 57 3.4 Hints . . . . . . . . . . . . . . 58 3.4A Setting . . . . . . . . . 58 3.48 Impact . . . . . . . . . 63 3.4C Mitigation Measures . . . . . 63 3.4D Unavoidable Adverse Impacts . . . 63 3.5 Traffic and Circulation . . . . . . . . 65 3.5A Setting . . . . . . . . . 65 3.5B Impact . . . . . . . . . . 65 3.5C Mitigation Measures . . . . . 70 3.5D Unavoidable Adverse impacts . . . 71 3.6 Emergency Services . . . . . . . . . . 72 3.6A Setting . . . . . . . . . 72 3.68 Impact . . . . . . . . . . 74 3.6C Mitigation Measures . . . . . 75 3.6D Unavoidable Adverse Impacts . . . 76 3.7 Scenic oualiti..s . . . . . . . . 72 MASetting . . . . . . . . . 80 3.7B Impact . . . . . . . . . . 81 3.7C Mitigation Measures . . . . . 81 3.7D Unavoidable Adverse Impacts . . . 82 TABLE OF CONTENTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page vii 3.0 ENVIRONMENTAL SETTING (cont.) PAGE 3.8 Land use and Planning Considerations . . . . 83 _ 3.BA Setting . . . . . . . . . 83 3.8B Impact . . . . . . . . . . 85 3.8C Mitigation Measures . . . . . 87 3.8D unavoidable Adverse Impacts . . . 89 3.9 Economic Factors . . . . . . . . . 90 - 3.9A Setting . . . . . . . . . 90 3.9B Impact . . . . . . . . 91 3.9C Mitigation Measures . . . . . 93 3.9D unavoidable Adverse Impacts . . . 93 4.0 ALTERNRTMS . . . . . . . . . . . . 94 4.1 Alternative 1: Expand the Project . . 95 4.2 Alternative 2: Same Project, Later Date. 96 4.3 Alternative 3: No Project . . . . . 98 4.4 Summary . . . . . . . . . . . 98 5.0 GRUNTS INDUCING IMPACTS . . . . . . . . . . 99 5.1 Project Site . . . . . . . . . . 100 5.2 Project Periphery . . . . . . . 101 6.0 CUNULRTM IMPACTS . . . . . . . . . .102 6.1 Short Term Impact . . . . . . . 103 6.2 Long Term Impact . . . . . . . . 104 6.3 Relationship to Long Term Productivity . 104 7.0 ORGMIEATIONS AND PERSONS CONSULTED . . . . . .106 8.0 PREPARATION STAFF . . . . . . . . . . . .109 TABLE OF CONTENTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page viii PAGE 9.0 APPENDIX . . . . . . . . . . . . .112 9.1 Initial Study . . . . . . . . . 112 9.2 Summary of Cost Estimates . . . . . 127 9.3 Biotic Analysis . . . . . . . . . 129 9.4 Comments Received and Responses . . . 137 TABLE OF CONTENTS ALTA LOMA DRAINAGE SYSTEM Final Environmental impact Report November 1984 Page ix LIST or PIGORES PAGE Figure 1. Regional Setting . . . . . . . . . 9 Figure 2. Regional Location. . . . . . . . . 10 Figure 3. Project Area . . . . . . . . . . 11 Figure 4. Project Components . . . . . . . . . 14 Figure 5. Land Use Plan . . . . . . . . . . 24 _ Figure 6. Circulation Plan . . . . . . . . . . 25 Figure 7. Adopted toning. . . . . . . . . . . 26 Figure 8. Project Relationships . . . . . . . . 28 Figure 9. Seismic Event Epicenters . . . . . . . 32 _ Figure 10. Generalised Geology . . . . . . . . . 33 Figure 11. Special Studies tones . . . . . . . . 34 Figure 12. Generalised Soils . . . . . . . . . 38 Figure 13. Topography . . . . . . . . . . . . 40 Figure 14. Existing Problems . . . . . . . . . 44 Figure 15. Storm Overflow Limits: 1969 . . . . . . 46 Figure 16. Great Storms of the Past . . . . . . . 47 Figure 17. 100 Year Flood Plain . . . . . . . . 48 Figure 18. Existing Problems . . . . . . . . . 54 Figure 19. Natural Channel . . . . . . . . . . 60 Figure 20. Natural Channel and Setbacks . . . . . . 64 Figure 21. Existing Noise Contours . . . . . . . 66 Figure 22. Puture Noise Contours . . . . . . . . 69 Figure 23. Emergency Services . . . . . . . . . 73 Figure 24. Community Design Resources . . . . . . 78 Figure 25. Open Space Plan . . . . . . . . . . 79 Figure 26. Pending Development . . . . . . . . . 84 EXECUTIVE SUMMARY ALTA LOMA DRAINAGE SYSTEM Pinal Environmental Impact Report November 1984 Page 1 Executive Summary This environmental impact report has been prepared to identify any significant environmental impacts resulting from the proposed project. To improve the existing flood control system, the project calls for the construction /improvement of one debris basin, one open channel, one 331 pipe, one spillway, one outlet structure, two flood control basins, and three culverts through phasing. The analyses based upon this study are summarized as follows: GEOLOGY Pages 30 to 36 The project site borders the Cucamonga fault system, a special studies zone as delineated by the Alquist- Priolo Geologic Hazard Zones Act. The entire Nest Valley area including the project site is subject to some degree of subsidence due to groundwater withdrawal. The building regulations set out in the Uniform Building Code are adequate to adequately mitigate and prevent undue risk of a geological nature. HOILH /TOPOGRAPHY Pages 37 to 42 The project site is made up of two basic soil groups. One of these is characterized by stony loamy sand, the other by rocks, cobbles, and periodic flooding. No significant sbrink -swell characteristics were identified. The proposed project would altar some existing topography by creating a debris basin, creating minor changes in localized areas. No significant impacts were identified. EXECUTIVE SUMMARY ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 2 HYDROLOGY Pages 43 to 57 The project will eliminate most flood hazards within the project area. Debris flowing from the existing channels onto Hermosa Avenue will be significantly reduced. Additional new development within the project area will increase the amount of water flowing into the flood control system. Meanwhile, the flood control basins will be excavated to accommodate this additional water and to reduce the stormwater flowing south of the project area. The project itself will significantly improve the present flooding problems south of the project area. During heavy storms the water flowing onto Hermosa Avenue north of 19th Street will continue to cause some traffic disruption, homesite isolation for several residences, and erosion and flooding damage to private property. However, the project will reduce the existing debris flows thereby reducing some of the damage that would otherwise occur. BIOTA Pages 58 to 64 The project will produce construction scars visible from many locations when the debris basin is constructed. No plant materials of significance will be affected by the project. TRAFFIC AND CIRCULATION Pages 65 to 71 The project construction will generate a number of vehicle trips by construction vehicles. Most of these trips can occur on and along the channel right -of -way. The adjacent EXECUTIVE SUMMARY ALTA LOMA DRAINAGE SYSTEM Pinal Environmental Impact Report November 1984 Page 3 streets are adequate to handle the type and quantity of traffic generated. Some transportation of debris may cause annoyance due to construction vehicles, dust, and noise. EMERGENCY SERVICES Pages 72 to 76 The proposed project does not provide a means to facilitate the rescue of persons who may fall into and /or be swept along the channels during periods of active water flow. The proposed trapezoidal channel design provides more flexibility for rescue than would a box channel design. The peak flows from this system will continue to isolate several residences to accase from Hermosa Avenue south of the project area. Access by emergency vehicles across Hermosa Avenue east or west, between 19th Street and Base Line Road may continue to be difficult during heavy storms /water flow. Individuals who become trapped or who fall into the channel may be swept into the West Alta Loma basin with fatal results. At peak flow, an estimated two minute travel time from the upper basin to the Alta Loma Basin tends to preclude rescue, however the channel will be fenced and made less accessible than is now the case. SCENIC QUALITIES Pages 77 to 82 The proposed flood control system will have short term visual impacts which will soon be covered over with vegetation. No long term or significant visual disruption is noted. EXECUTIVE SUMMARY ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 4 LAM USE AND PLANNING CONSIDERATIONS Pages 83 to 89 The proposed project will facilitate the implementation of both the adopted General Plan and the adopted Comprehensive Storm Drain Plan. It will also facilitate and enable urbanization of the project area with single family residential development. The development of additional land uses along Hermosa Avenue south of the project area should continue to be designed to contain floodwaters on Hermosa Avenue to avoid potential significant damages due to flooding. RCOMONIC FACTORS Pages 90 to 93 The proposed project is to be mainly financed by the benefiting private properties through the vehicle of Assessment District 84 -2 as well as Gas Tax expenditure for the street improvements at Wilson Avenue and Highland Road. ALTRRMATIVBS Pages 94 to 98 Several alternatives were considered. The current project is one of the alternatives chosen based on a comparison of the environmental and economic impacts of all the alternatives. GROWTH INDUCING IMPACT Pages 99 to 101 The proposed project will facilitate and enable the construction of 306 dwelling unite already approved within the project area, and other developments not yet approved EXECUTIVE SUMMARY ALTA LUNA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 5 but requiring flood control improvements. This impact is not seen to be significant. Impacts due to that development have already been considered through individual impact assessments now on file in the Department of Community Development. CUMULATIVE IMPACTS Pages 102 to 104 This project will stimulate and facilitate new development which, in turn, will increase the amount of impervious ground cover, causing an increase in run -off of storm waters. The project will incrementally and cumulatively reduce (but not eliminate) hazards to life and property damage caused by flooding and debris flows. The project will cumulatively improve an unacceptable flooding condition by cbannelization and debris removal. While the project is not sufficient to correct or mitigate all of the present flooding and erosion impacts it will decrease present impacts cumulatively to a degree which may become significant. 0 1A Project Description Donald O. King and Assoclatss PROJECT DESCRIPTION ALTA LONA DRAINAGE SYSTEM Pinal Environmental Impact Report November 1984 Page 7 1.0 Project Description AUTHORITY AHD SCOPE SECTION 15141 of the California Administrative Code requires that every Environmental Impact Report shall contain a section setting out the description of the proposed project. In addition, this section shall set out the location and boundaries of the proposed project. It shall also include a statement of objectives, and a general description of the project's technical, economic, and environmental characteristics. PURPOSE This section is intended to provide the reader with a basic understanding of the region within which the proposed project would be located. The purpose of this section is to facilitate an understanding by the reader of the general relationships of the proposed project with the greater regional setting. This section will provide a basic analysis of the population, housing, employment, and land use characteristics within the region. As stated in section 15142 of the California Administrative Code, •Rnowledge of the regional setting is critical to the assessment of environmental impacts•. PROTECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 8 1.1 REGIONAL BESTING The City of Rancho Cucamonga is located in the west end of the San Bernardino valley in San Bernardino County. The west end of the valley has been designated as the Chino Basin by the Southern California Association of Governments (SLAG), as shown on Figure 1 (page 9). According to recent Regional Growth Forecasts made by SCAG, the Chino Basin is expected to experience the fastest rate of growth in San Bernardino County. The Chino Basin, according to this forecast, will increase its population by a quarter of a million people over the 1975 population total, reaching a total of 251,000 persons by the year 2000. Because of the geographical location of the City of Rancho Cucamonga relative to the major employment centers in Los Angeles, orange, and San Bernardino Counties; the proximity to the major transportation nodes and corridors; and the relative low land coat; the city experienced explosive growth during the last decade (see Figure 2, page 10). The City has grown from a 1970 population of 16,043 to a 1984 population of 66,000 (estimated by Southern California Association of Governments). This figure represents a 311% increase over fourteen years. 1.2 PROJECT LOCATION AND BODMDART The proposed project is located in the northwest portion of the City (see Figure 2) and is generally bounded on the north by the foothills of the San Bernardino Mountains, on Paaa n Regional Setting 1 Figure No. Donald G. King and Associates Regional Location 2 FIpWS No. Donald G. King and Associates Page 17 Project Area r Legend €: Proposed Auuemwd Dleb 84-2 mom Proposed Dilift Boulduy Figure No. Donald G. King and Associates III 118 r 0�111 IM I� e I Bt� Project Area r Legend €: Proposed Auuemwd Dleb 84-2 mom Proposed Dilift Boulduy Figure No. Donald G. King and Associates PROTECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 12 the east by Haven Avenue, on the South by Banyan Street and on the west by Elusman Avenue. The boundary line of the project area for Assessment District 84 -2 is shown generally on Figure 3 (page 11). The total area of the District is about 300 acres. 1.3 PROJECT OBJECTIVES The Alta Loma Drainage System as proposed, follows the existing path followed by stormwater through the project area. Currently, water collects in the bills and flows down onto the alluvial fan. A portion of this water, along with sheet -flow drainage and other collected storawater runoff, is channeled into an existing unimproved or natural channel which runs through the project area. This existing channel terminates a short distance north of 19th Street on Hermosa Avenue. Prom this point the stormwater flows on Hermosa Avenue south past Foothill Boulevard to 8th Street, where it runs into a 9' x 8' R.C. Box open channel and then into the Deer Creek Flood Control Channel. According to the City Engineer this project seeks to achieve the following objectives: A. Reduce or eliminate the existing hazards to people and property caused by flooding within the project area. 4i B. Facilitate the efficient and orderly use and development of lands within the project area in a manner proposed by the adopted general plan. PROJECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 13 1.4 PROTECT DEFINITION To achieve the stated objectives, the proposed project is designed to consist of the following two tasks: 1. The physical improvements of the existing Alta Loma Drainage System within the project area. 2. The creation of Assessment District 84 -2 to provide a means for financing the project. The physical improvements of the existing drainage system, as shown in Figure 4 (page 14), involve: a. two natural channels 0A and 3B) on the north) b. an improved channel, (3A, known as the Alta Loma Channel), in the center; c. one storm drains (3E) on the went; and d. two flood control basins, the West and East Alta Loma Basins, (Basins No. 1 and 2 respectively), on the south. The flow of the system is continued by a natural channel on the south and by the existing Baven Avenue Storm Drain on the east. The physical improvements of the drainage system has many components (see Figure 4). These components are planned for • implementation in phasing with a five to ten year interval for each phase. The components to be implemented in each phase are listed as follows. Page 14 IAA ♦�'•. j C."v , I]' ��!— 'NEWDEBRIS BA IN BASIN CHANNEL a •:. , �aa. lose%SAND EXCA AT —IMPROVEMENTS ' i `s =NEW CULVERT AND iSTREET IMPROVEMENTS �., NEW T, CHANNEL STORM DRAINS - IMPROVEMENTS – – �!��, NEW ECRAL091. IAPROOVEMENTS` OUTLET PIPE E %CAVA7 N z –_ - SPIILW ! +C7 Project Components 4 Figure No. Donald 0. King and Associates PROJECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 15 PEASE I 1. Improvement of the existing Alta Loma Channel from 1,352+ feet north of Hillside (the junction of channels 3A and 3B, see Figure 4, page 14) south to the existing Alta Loma Basins. This work includes: a. providing concrete lining with fencing to the Channel; b. providing new culvert structures and street improvements at Hillside and Wilson Avenues; and C. constructing a new spillway into the existing Alta Loma Basins located north of Banyan Street. 2. Construction of a new debris basin (Basin No. 3) with a spillway and a dam at the north end of the Alta Loma Channel; 3. Provision of new 33' pipes and street improvements to complete the connection of storm drain 3E to the Alta Loma Channel; and 4. Modification of the outlet structure from the East Basin (Basin No. 2) to the existing Haven Avenue Storm Drain. PHASE II 1. Improvement of the existing Alta Loma Basins 1 and 2. This work includes: PROJECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 16 a. providing a new equalizer and street improvements at Hermosa Avenue between the two Alta Loma Basins; b. excavating the existing West Alta Loma Basin. 2. Excavation and enlargement of the debris basin (Basin No. 3). PHASE III This is a future phase (not included in the scope of this project) . The work involved in this phase is proposed to deal with the excavation of East Alta Loma Basin, the improvement of the natural channel south of Banyan Street and related problems, and the installation of an outlet line and storm drain from the Alta Loma Basins along Hermosa Avenue to Foothill Boulevard then to the east on Foothill to the Deer Creek Channel. 1.5 CURREW USE The majority of land within the project area is currently undeveloped. A significant amount of land has been developed for low density residential uses, and a significant amount of the undeveloped land has been approved for low density residential uses. The development of these new residential uses is being delayed by the City pending the proposed flood control project. This is because the increasing runoff as a result of the development will increase the stormwater flowing south of the project area and thus potentially magnify the existing flooding problems. r] .a PROJECT DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 17 In order to facilitate the residential development, this project proposes the.excavation of West Alta Loma Basin as a pending condition for the development. That is, excavation will be carried out through agreements among individual developers and concerned authorities such as the City and County. To key -in the development with the excavation will mitigate the problem and avoid magnifying the flooding problems south of the project area. 1.6 GENERAL DESCRIPTION OF TECHNICAL AND ECONOMIC CHARACTERISTICS Technical characteristics Total length of improved open channel: Total change in elevation: Total length of 33' pipe: Debris basin (Basin No. 3) water storage capacity: debris storage capacity: West Alta Loma Basin (Basin No. 2): water storage capacity: and-of- Phase- I 4,745 lineal feet 279 feet 575 feet Bad-of Phase -II 4,745 lineal feet 279 feet 575 feet about 5.0 about 14.5 acre feet acre feet about 13.3 about 32.0 acre feet acre feet (21,300 (51,600 cubic yards) cubic yards) about 85 about 120 acre feet acre feet r- 0 PROJECT DESCRIPTION Technical characteristics (continued) Grading ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 18 excavation for channels: excavation for basins: embankments: Bud- of_ Pbass_I 23,000 cubic yards 26,000 cubic yards Bsd_gf Pbase_II 23,000 cubic yards 115,000 cubic yards 35,000 35,000 cubic yards cubic yards Total Grading: 84,000 173,000 cubic yards cubic yards while areawide balance of cut /fill is proposed, some transport to adjacent parcels (about 100,000 cubic yards) is anticipated. Design Storm utilized for capacities 100 year Storm frequency for channel design and for unimproved channel setback restrictions. Maintenance Responsibilities Alta Loma Channel(3A): San Bernardino County Flood Control District Alta Loma Basins (Basin No. 1 and 2): unimproved channel (3A): debris basin (Basin No. 3): San Bernardino County Flood Control District not determined, Possible private property owner's responsibility San Bernardino County Flood Control District improved channels (3E, 3B): City of Rancho Cucamonga PROJECT DESCRIPTION Technical characteristics (continued) Anticipated Maintenance ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 19 debris removal frequency: 5 year intervals* debris removal quantity: 14,000 cubic yards est. *Wildfires may increase this frequency due to the high volume of debris that follows a wildfire. Estimated frequencies are based on completion of Phase II. ECONOMIC CHARACTERISTICS It is estimated that the project cost is about $3.540,000 including construction, survey, assessment district engineering and bond council expenditures (see Appendix 9.2). 2.0 Community Description Donald G. King and Associates COMMUNITY DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 21 2.0 Community Description AUTHORITY AND SCOPE Section 15141 of the California Administrative Code requires that every Environmental Impact Report shall contain a section setting out the description of the proposed project. PURPOSE This section is intended to provide the reader with a good understanding of the proposed project in relation to the community and neighborhood area surrounding the project site. The purpose here is to facilitate an understanding of how (or whether) the proposed project fits into the political, physical, social, and economic structure of the community. 2.1 LOCAL SETTING Rancho Cucamonga incorporated as a general law city in November of 1977. Rancho Cucamonga is composed of three communities: Cucamonga, Alta Loma, and Etiwanda. Census data indicates that the City has grown from a 1970 population of 16,043 to a 1984 estimated population of 66,000. This population change represents a growth rate of 311% over fourteen years. There are about 3.2 persona per each dwelling unit in the City at this time. COMMUNITY DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 22 2.2 GENERAL PLAN The General Plan for the City of Rancho Cucamonga was adopted in April of 1981. This plan is used as a guideline for community actions to regulate and facilitate orderly development of the greater community. Within the General Plan, there are a number of elements discussing goals and objectives of the community. Five of these elements relate to the proposed project. These elements are: Natural Resources, Open Space, Hazards, Land Use, and Circulation. The Natural Resource element calls for the preservation of natural resources and encourages the creation /retention of open spaces within the community (see General Plan, page 17). This element contains two policies which relate to the proposed project: -- Retain the natural drainage of the area as much as possible. -- Protect waterways from indiscriminate erosion and pollution (see General Plan, page 18). Hazards due to flooding from storm waters are recognized as important planning and development considerations in the General Plan. A portion of the project area is shown in the General Plan as subject to periodic flooding (see General Plan, page 243, Figure V -5). It is recognized by the plan that urban development will increase the amount of impervious surface and therefore will only increase the potential for flooding unless remedial measures are taken in a timely manner. As one means of recognizing flooding as a problem the City participates in the Federal Flood Insurance COMMUNITY DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 23 program, and has adopted an ordinance, and several specific objectives and policies designed to safeguard future development. These objectives and policies are set out on pages 240 -247 of the General Plan. The Land Use element (see Figure 111 -1, page 31 of the General Plan, see also Figure 5 on page 24 of this report) designates a portion of the project area as being utilized for flood control. The northeast portion of the project area is generally the area proposed for the undeveloped or "natural" channel (see also Figure 19, page 60). The land use within the project area are generally residential. The area is designated on the plan as rural /equestrian with a trail system along the planned flood control channel. The densities proposed in this area are less than two units per acre. The circulation network serving the project area is shown on Figure 6 (page 25). As is shown, the project area is bisected by Archibald Avenue, while Haven Avenue borders the eastern edge. These two streets are two of the three most heavily traveled north -south roads in the City. Wilson and Hillside streets, designated as east -west collector streets, are not currently constructed to proper traffic flow standards. The proposed project would upgrade portions of these roads. 2.3 ZONING The project area currently contains two types of zones: VL (Very Low Density - two dwelling units per acre) and PC (Flood Control) Development Districts. As shown on Figure 7 (page 26), a large portion of the project area is zoned for Page h Land Use Plan Source : Legend ; City of Rancho Cucamonga Q Lose than 2 DU /acre [; 2 -4 DU /acre ® 5 Proposod park CQ flood Control Figure No. Donald G. King and Associates 1 if'.'!!tiil °i•,,- :rte �' - _-- _____-_=_rasa=- --= - ----- -- r :3s a Flil _ F, t? ,ter h Land Use Plan Source : Legend ; City of Rancho Cucamonga Q Lose than 2 DU /acre [; 2 -4 DU /acre ® 5 Proposod park CQ flood Control Figure No. Donald G. King and Associates Circulation Plan Source: Legend CRY of Rancho Cucamonga � Special Boulevard MM► Special Design "' Secondary Road D Collector Road figure No. Donald G. King and Associates COMMUNITY DESCRIPTION ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 27 Very Low Density residential use and only a very small area is allocated for the Flood Control Zone. 2.4 PROJECT The project area (Assessment District 84 -2) is within a larger area of existing and proposed low density residential development. The San Bernardino National Porest is generally located north of the project area (see also Figure 8, page 28). Chaffey Community College exists to the east. The proposed Foothill Freeway (State Bigbway 30) passes through south of the project area. Two existing flood control basins, Nest and East Alta Loma Basins, exist north of and adjacent to Banyan Street. Scenic views of the foothills are afforded north along the major street corridors. The proposed flood control channels follow the existing floodway which is readily apparent on the topographic map of the project area (see Figure 13, page 40). Page 2 San Bernardino National Forest \ —,� ILA L� ■' �VR., LO :Scenic Vistas tColl t-C; " ' ,� • —�_ _ ' ~. �_. �- Single Family Mousing l Ata L o ma llaskn • � o ter; Fcdthill Tr"waY JIM ... ..•. ;: 9 GPeNT Swass� Project Relationships 8 Figure No. Donald G. King and Associates 3.0 Environmental Setting Donald 0. King and 6ssociatos SETTING ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 30 3.0 Environmental Setting AUTHORITY AND SCOPE Section 15142 of the California Administrative Code requires that every Environmental Impact Report must contain a section describing the environment in the vicinity of the proposed project. PURPOSE This section is intended to describe the environmental setting of the project site in a manner useful to both the layman and the technician. To best satisfy this intent, this section has been subdivided into twelve separate parts to define, assess, and report on bow the proposed project would affect and /or be affected by one or more facets of the environment. The purpose of this section is to provide a detailed understanding of how the proposed project would relate to its environment, whether the project is or could be made compatible with the environment, and what action - -if any - -can or should be taken to assure compatibility. SETTING /GEOLOGY ALTA LORA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 31 3.1 Geology This section is intended to provide the reader with a good understanding of the geology of the project site and environs. The purpose is to identify whether any factors a geological and /or seismic nature exist which might aftect the health and safety of people who might live in or near areas affected by the proposed project. Further, this section will identify what can be done to avoid or mitigate any such factors, situations, or impacts. 3.1A SETTING Lands in the general vicinity of the project site have been subjected to damaging earthquakes in the past. Future damage may result from major events from one of the four major active or potentially active earthquake faults known to be in the vicinity (see Figure 9, page 32). These faults are the San Jacinto, the Cucamonga, the Chino - Corona segment of the Elsinore, and the San Andreas. During the period of 1890 to 1923 the San Bernardino valley region experienced five significant earthquake events (magnitude of 6 or greater on the Richter Scale). Each of these five major events produced an energy release roughly equivalent to the energy released in the 1971 San Fernando earthquake. The Cucamonga fault zone (see Figures 10 and 11, pages 33 and 34) is part of the Southern Traverse Range fault system of left - lateral reverse faults. This fault system is considered to be active and is designated a special studies N- G 1 E'. E 5. W�M r=7 7 -:7 O _4 A, �e Seismic Event Epicenters SCKWCO. Callfamle Division 9 of Mines MW Geology Figure No. Donald G. King and ASSOCiates '1'�1l 4 ', {r• 1 Jw LI f 1' T A M li K 1. rage 3J jc.,o 'Yy. • .. .,�,... p•re......i ,t� _-A Generalized Geology Source: legend: so 1- - -- 10 California Division of • Mines and Oeobpy rAnrINN ar I Ilnll.l bIN. Nyrr IN. .e.n ,..N.; N...L, N,.. ,.L•.N• Flpura No. Donald G. King and Associates Page 34 ' n .T BE 'A D}50 wilivi us 21: � 1 yrwrd if 1 1 t a%; ! .27 - 26 .. >I -� - -25 ` ... .. a .. .. u...... .... •�E t _ t V 4 r Special Studies Zones Alqulst Priolo Source : Legend: California state Geologist Tone area designates study area 1 1 for the Cucamonga Fault, Figure No. Donald G. King and Associates SETTING /GEOLOGY ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 35 zone by the state geologist. The 1971 San Fernando earthquake took place within the same system as the Cucamonga fault. I Earthquake events of a magnitude comparable to the San Fernando event should be expected along the Cucamonga fault system. The potential for liquifaction exists on all lands in the valley area. The greatest potential exists where shallow perched water tables exist. The highest potential for liquifaction occurs over areas of historic swamps and drainage areas, of which none are known to be in the study area. 3.1B IMPACTS The project site is partially within a special studies zone as delineated by the Alquist- Priolo Geologic Hazard $ones Act. The project site has not been shown to overlie potentially unstable material. Because of ground water withdrawal there exists the potential for land subsidence throughout the west valley area including the project site. If significant subsidence related to groundwater withdrawal is identified, a program of groundwater management should be Implemented. No direct impacts of a geological or seismic nature have been identified other than as described above. 3.1C MITIGATION MBASORSS The City of Rancho Cucamonga utilizes the Uniform Building Code. This set building regulation contains adequate mandatory mitigation measures to adequately resolve and prevent undue risk. To avoid impact the standards in this code should be strictly adhered to. • ENVIRONMENTAL SETTING /GEOLOGY ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 36 3.110 UNAVOIDABLE ADVERSE IMPACTS As noted above the, west valley area including the project site is seismically active. A potential 7.5 magnitude event (Richter Scale) is possible along the Cucamonga Fault. Building code standards notwithstanding, an event of this magnitude is capable of inflicting injury and /or death over a significant area which would include the project site. ENVIRONMENTAL SETTING/ ALTA LORA DRAINAGE SYSTEM SOILS, TOPOGRAPHY Final Environmental Impact Report November 1984 Page 37 3.2 Soils /Topography This section is intended to provide the reader with a good understanding of the soil and earth composition existing on the project site. This section will identify bow the characteristics of the soil will affect and be affected by the proposed project. The purpose is to identify whether any factors exist which will be impacted by or impact upon the proposed project; whether any health and safety consideration is affected, and what can be done to avoid or mitigate any such impact. 3.2A SW MIIG The majority of the project site (see Figure 12, page 38) is composed of Soboba Stony Loamy Sand (SpC). This soil type contains 25% to 404 rocks and boulders ranging up to four feet in diameter. This soil series consists mainly of excessively drained, nearly level to moderately eloping soils. These soils were formed on alluvial fans in granitic alluvium. Soboba series soils are slightly acid in the upper two feet and neutral to a depth of five feet. This soil series is rapidly permeable. The available water capacity is about 2 -3 inches and roots can penetrate this soil to a depth of five feet or more. The central portion of the project site is composed of Psamments and Fluvents, frequently flooded (PS). This classification consists of sandy and gravelly material in intermittent streambeds. In some areas the soil consists of cobbles, stones, and boulders. During each flood, alluvium from streambanks is freshly deposited and partly reworked. • 0 fa GKgp - -'' at r CG, rayc • � -its of l ` 1 1 of Ir�r . v u'n c.. •ice Apr �ej '" s •f � - .. t_ iu Ism. x-11/ •. � . ...� 1. i i R I jys .fs it Generalized Solis I 9B source : Legend California Division of Oao Older aNuvium undifferentiated Mine$ and Geology Of Alluvial fan deposits CGr Granulitic Rock Figure No. Donald G. King and Associates • ENVIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM SOILS, TOPOGRAPHY Final Environmental Impact Report November 1984 Page 39 Soils in this classification have no value for farmland according to the United States Department of Agriculture. The topographic map (see Figure 13, page 40) shows that the site exists as a relatively flat plate which is tilted in a north - soutb direction. The drop in elevation is 560 feet over the north -south length of 9,600 feet. 3.2B IMPACT According to the project designer, Phase I of the project will involve a balance of cut and fill within the overall project area with no import or export of material beyond the project area. As the result of Phase I construction about 14,000 cubic yards of material may be excavated and redeposited within the project area. Upon completion of the improved channel a decrease in both erosion of Boils and concurrent damage to adjacent properties will occur. Debris within the system will be deposited into the debris basin or one of the two Alta Loma Flood Control Basins. The water flowing from the unimproved channel onto the City street system at 19th Street and Hermosa Avenue is expected to contain significantly less debris, therefore, a significant decrease in damage to the street system in this area is expected. Thus, during Phase II of the project the excavation of basins will result in a total of 89,000 cubic yards of debris and other material (see page 18). Thereafter a regular periodic clean -out of these basins is projected to occur on five year intervals. This clean -out will produce an estimated total of 14,000 :ubic yards of material that ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM SOILS, TOPOGRAPHY Final Environmental Impact Report November 1984 Page 41 must be relocated. According to the project designer, storage spaces for a total of 20,000 cubic yards of material are located within the project boundaries. Once these areas are utilized (expected after a period of five years) this clean -out material will have to be transported out of the project area. 3.2c MITIGATION xnmmHS In order to avoid unnecessary erosion, areas disturbed by construction should be treated to encourage sheet flow of waters as opposed to channels, where revegetation is proposed. Hydroseeding is also recommended. Soil engineering problems will be avoided by following standard soil engineering procedures during and following grading. These procedures include proper compaction (to 908 of the maximum dry density obtained by test method ASTM Des: D- 1557 -70, Method A). Dust problems will not be totally mitigated during construction, but proper watering should mitigate this problem to an acceptable degree. As the permanent storage of debris is located on the fill areas, these areas should be graded to achieve a natural appearance. Hydroseeding and other landscaping is recommended to achieve stability and an aesthetic appearance. Fill sites (nearby the project area) need to be located adjacent to the project area for the storage of extra material. VIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM SOILS, TOPOGRAPHY Final Environmental Impact Report November 1984 Page 42 3.2D UNAVOIDABLE ADVERSE IMPACTS No unavoidable impacts to or from soil characteristics have been identified. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 43 3.3 Hydrology This section is concerned with water that falls onto, runs across, soaks into, and moves under the project site. The intent is to identify how the site is affected by water, and how this would be changed by the proposed project. This section will identify whether these changes are good or bad, and what, if anything, can be done to mitigate any negative impacts. 3.3A HMiSIHG The City of Rancho Cucamonga is located within the Upper Santa Ana Watershed, which is part of the Santa Ana River Basin. This river basin is divided into two major drainage systems. One system includes Cucamonga Creek and its tributaries: Demens, Hillside and Deer Creek. This system also includes the proposed project. The remaining system consists of Day, East Etiwanda, San Sevaine, Hawker, Crawford, and Morse Creeks. Most of these major streams are perennial in the upper canyons, but this water is channelized for various purposes and reasons before their waters reach the valley areas below. Most of the water courses running through the City have been altered in the past by excavation creating channels for flood control purposes. As development has occurred, and thus runoff increased, these channels have been shown to be incapable of adequately channelizing flood waters before damages to other urban development occurs. During periods of heavy rainfall many of the north -south streets in the City now act as water- carrying corridors (see Figure 14, page 44). Stormwater on Nemiosa Avenue Looking South, March 1883 Page 44 Existing Problems South of the Project Site 14 FlBure No. Donald G King and Associates NIRONMENTAL SETTING / ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 45 Periods of heavy rainfall resulting in localized flooding have occurred several times in the recent past. As urbanization occurs- more and more land will be made impervious, causing more and more runoff of rainwater. The problems associated with flooding, therefore, will continue to become worse unless some means of channelizing these floodwaters is put into place. Figure 15, page 46 shows the lands in the project vicinity which were inundated during the 1969 storm. Figure 16, page 47 shows the periods of heavy rainfall on record. Large portions of the project area lie within the 100 -year flood plain. A 100 -year flood results from waters of a storm of ouch a intensity and magnitude that it can be expected to occur but once in a 100 year period (on the average). Figure 17, page 48 shows lands within the City of Rancho Cucamonga falling within the 100 -year flood plain. Because Rancho Cucamonga has adopted development standards (Ordinance 24) It participates in the Federal Emergency Management Agency disaster insurance program. This program allows property owners and residents to obtain flood insurance. The proposed project will implement and construct one of the storm drain systems proposed as a part of the Comprehensive Storm Drain Plan, prepared by L. D. Ring Engineers in June 1981. Copies of this plan are located in the Engineering Division at the Rancho Cucamonga City Ball. Components of the proposed project are defined graphically and more precisely on Figure 4, page 14. i I Page 46 - - 7 7 Y �f . Y o v` • /1 . A ..Y[r Y� _.� _ -�../' t • -rte .. Y' i Y .1 .• •.Iry L .frM f[1> `' E'- �� Storm Overflow Limits January 25 1969 Source : This was the greatest storm on record City of Rancho Cucamonga 15 Figure No. Donald G. King and Associates 0 2 01" W 0) cr a u F W W LL U i m L) U 2 E W O F 2 C7 Q Page 47 Discharge at canyon mouth, Cucamonga Creek •UUU o A gs N 000 ° O � � n eI r 1,000 _ C 1,000 0 _ C '.,000 � C C IM G G _ 1,000 ei G G p G — G �Q p �g p QQ��QI QQ a p 80 8 i9 tE rd r6 d YEAR Source: Great Storms Ben Bernardino County of the Past 16 Flood Control District Figure No, Donald G. King and Associates VIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 49 Specifically, Phase I of the proposed project calls for: 1. Concrete lining to the existing Alta Loma Channel, 2. Constructing of a new debris basin at the north end of the Alta Loma Channel, 3. Providing new culvert structures and street improvement at Hillside and Wilson Avenues, 4. Installing 33" pipes to connect Storm Drain 3E to the Alta Loma Channel, 5. Constructing a new spillway from the Alta Loma Channel to the West Alta Loma Basin, and 6. Modifying the outlet structure from the East Alta Loma Basin to the existing Haven Avenue Storm Drain. Phase II of the project calls for: 1. Providing a new equalizer and street improvements at Hermosa Avenue between the two Alta Loma Basins, 2. Excavating the West Alta Loma Basin, and 3. Excavating the debris basin. The debris basin at the junction of lines 3A and 3B is estimated to have a water retention capacity of 14.5 acre feet and a debris capacity of 32 acre feet (about 51,600 cubic yards of material). This total capacity is expected (by the project designers) to be reduced by 27% after five years. The removal of about 14,000 cubic yards of material every five years should therefore be anticipated. The basis utilized for the system hydrological design was as set out in the "PROGRESS REPORT, ALTA LOMA BASIN AND STORM DRAIN SYSTEM., prepared by Williamson and Schmid dated ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Pinal Environmental Impact Report November 1984 Page 50 21 January 1983. The preliminary plans and system layout drawings are found in the offices of the Engineering Division, City of Rancho Cucamonga. The Alta Loma Flood Control Basins exist at this time. The basins are currently designed as a flowthrough system. Phase I of the proposed project calls for increasing the efficiency of the flowthrough. In this phase the outlet structure at Haven Avenue will be modified and enlarged to improve flows. The existing gates will remain enabling the flows into the Haven Avenue Storm Drain to be shut off. To further increase the flowthrough efficiency, Phase II of the project calls for a new equalizer culvert to be developed under Hermosa Avenue between the east and west basins. The West basin, Basin No. 1, currently has a storage capacity of 85 acre feet, and the East basin, Basin No, 2, currently has a storage capacity of 150 acre feet. To increase the capacity, Phase II also calls for excavation of the west Basin. After this improvement, the basin will have a water storage capacity of 120 acre feet, and the total capacity for the two basins will be 270 acre feet. All work in the basins will be done under the jurisdiction of the State Department of Water Resources. During the design storms of 25 years and 100 years the system proposed will protect the lands within the project boundaries from the major flooding and flood related damage which would otherwise occur. Flood waters from these storms would be directed to the Alta Loma Flood Control Basins and to the Haven Avenue storm sewer, with excess flows exiting via the spillway at Ramona Street and Banyan Street. This ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Pinal Environmental Impact Report November 1984 Page 51 overflow will follow the existing unimproved channel exiting onto Hermosa Avenue just north of 19th Street. Flooding and debris flows within the system will be significantly reduced throughout the life of the project. As can be seen from the Table below, the immediate impact of the project with no further development in the existing watershed will be to eliminate spillway flows south of the Alta Loma Basins during the 25 -year event and to significantly reduce flows in the 100 -year event. ALTA LORA CHARNEL PLOW ANALYSIS 25 -YRAR STORM Existing watershed development/ no improvements Existing watershed development/ all improvements Ultimate watershed development/ all improvements 100 -YEAR STORM Existing watershed development/ no improvements Existing watershed development/ all improvements Ultimate watershed development/ all improvements SPILLWAY RUNOFF VOLUME DISCHARGE 592 acre feet 372 cfs 592 "acre feet 0 cfs 701 acre feet 92 cfs 841 acre feet 800 cfs 841 acre feet 330 cfs 971 acre feet 760 cfs ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 52 As development proceeds within the drainage areas, flows will again begin to, increase, but even at full ultimate development the project will significantly reduce existing 25 -year discharges and somewhat reduce the 100 -year discharges. Water discharging from the basin's spillway will follow the historic floodways noted on Figure 17, page 48. South of the project terminus at Banyan Street and Hermosa Avenue storm waters will flow along the north -south streets as they do presently. The total volume of water flowing will be decreased as a result of this project, and the total quantity of debris generated north of the project terminus will be significantly reduced. 3.3B IMPACT The proposed project will affect the surfacial flow of water causing a number of changes directly and indirectly. The project is intended to mitigate the historic pattern of flooding within the project area -- flooding that has increased in direct proportion to the extent of urbanization. This is because urbanization exacerbates the problem of flooding by increasing the amount of storm water runoff by increasing impervious ground coverage. Currently the majority of the project area remains undeveloped. Tract maps, however, have been submitted and are either conditionally approved or are under study for the majority of this undeveloped land. If this project is approved, then one direct result will be the facilitation of development of these tracts. The extent of these development projects are shown on Figure 26, page 84. Indirectly, therefore, this project will increase the total ENVIRONMENTAL SETTING / ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental ImpactpReport quantity of water flowing within the system, but will not increase the water overflowing south of the West Alta Loma Basin to a significant degree. The unimproved or "natural" channel (3A) will experience a minimal amount of alteration. Some grubbing may occur, and residential subdivision of the adjacent land is anticipated. A natural channel will produce a large quantity of debris as a rule. This debris could also stimulate new erosion at various locations along this channel (see Figure 18, page 54). Inspection of this channel will be necessary after every heavy storm. Depending upon the depth and velocity of storm waters in the channel, during or after major storms (25 year magnitude or larger) this natural channel could be a hazard. The natural channel flows into a debris basin. If a person were swept into or along the natural channel, that person could be rescued at this point. The Fire Department notes that during peak flows debris basins contain many hazards to personal safety among the debris and water which may cause injury or hamper rescue. From this debris basin the improved system collects stormwaters from three locations and transports these waters southerly at a relatively steep grade of 8.1%. There would be but one potential impact within this portion of the system. If a person were to enter this section of improved channel during a period of high water flow, that person could easily become swept along the channel toward the Alta Loma Basins and be seriously or fatally injured at the outtlow, due to the energy dissipator structure, large Page 54 Channel 3A across Existing Problems Hermosa Avenue Spring 1983 InE The proposed protect should lessen or 18 eliminate problems such as these Figure No. Donald G. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 55 boulders, and boiling motion of the water at this point. Water would be .diverted from adjacent residential developments and directed into the basins. At this time because these basins possess only about 888 of their ultimate storage capacity, this water would flow into the West Alta Loma Basin, the East Alta Loma Basin, and then into the Haven Avenue Storm Drain. Meanwhile, some of this water will overflow south from the West Alta Loma Basin into the existing natural channel. The channel terminates just north of 19th Street on Hermosa Avenue where the water is expelled onto the City street system and may cause property damages as in the past, (see Figure 18, page 54). The immediate impact of improving the flowthrough from the West Basin to the Haven Avenue storm system through the installation of equalizer and an outlet will significantly reduce the amount of overflows directly southward from the West Basin. As development proceeds within the project area, the water runoff will increase. The increasing water storage capacity at the West Alta Loma Basin, as proposed in Phase II, will prevent any increase of southward overflow and will further reduce the overflow below the existing level. Therefore, the overflow existing now will be reduced by this project and its potential damages on properties south of the project area will be reduced. In addition, the proposed project will lessen potential damage south of the project area by removal of debris flows. Major storms have occurred in the past with much damage in many locations south of the project area. These problems ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 56 and potential impacts exist now. They are a potential threat to public health and safety and are noted here to emphasize that while the proposed project would indeed result in a substantial public benefit, future additions to this system will still be necessary to fully mitigate the areawide problems which exist today. 3.3C MITIGATING NEASDNES According to the project designers, the location and design of the debris basins will mitigate the past problem of debris flowing onto city streets which has caused substantial damage. To mitigate potential hazards to children along the improved channel, this channel will be fenced off and warning signs will be displayed along the channel. Construction of reinforced concrete culvert undercrossings under each major east -west street intersections with the improved channel will reduce the existing potential blockage of vehicular traffic over the channel. Peak flows will be mitigated by excavation at the West Alta Loma Basin along with a new culvert under Hermosa Avenue and modification of the outlet structure at Haven Avenue. These improvements provide for more efficient flowthrough and more storage of peak flows there. In Phase III a new, large, storm drain or channel system would connect at the system's current proposed termination to carry this anticipated stormwater safely to the Deer Creek Channel. This construction was proposed by the L. D. VIRONMENTAL SETTING/ ALTA LONA DRAINAGE REPORT HYDROLOGY Final Environmental Impact Report November 1984 Page 57 King Comprehensive Storm Drain Revision No. 1 which was adopted by the City. Completion of this system interconnection will mitigate and eliminate all impacts which could occur south of this point during moderate and heavy storms. 3.3D DRAVOIDABLE ADVERSE IMPACTS If approved, the increased flowthrough at Alta Loma Basins as the result of Phase I improvement will bring an immediate _ reduction of the amount of water overflow south of the West Basin. While this improvement will facilitate the construction of residences on land now vacant, the increase in stormwater runoff resulting from development will not increase the overflow because of the excavation of the West Basin and the construction of the culvert structure in Phase 11. As presently designed the project will fully mitigate the impacts of this runoff. However, during moderate and heavy storms, Hermosa Avenue and 19th Street will still be closed regularly during periods of heavy rainfall. Homes and properties between 19th Street and Base Line Road having access only from Hermosa Avenue may continue to be isolated. rvIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM BIOTA Final Environmental Impact Report November 1984 Page 58 3.4 Biota This section is intended to provide a meaningful description of the plants and animals now existing on the project site, and how they would be affected by or will affect the proposed project. Further, this section will identify those factors of environmental impact resulting from the proposed project, and will identify what can be done to mitigate these impacts. 3.4A SEWING The project area sets upon an alluvial fan flowing down from the San Bernardino Mountains to the north. The entire project area at one time consisted essentially of coastal sage scrub and chaparral communities. Much of the area has already been disturbed and replaced by urbanization. In the majority of the project area that has not been disturbed a relatively stable community is found dominated by chemise with scattered amounts of white sage and buckthorn. Although these areas may resemble chaparral, the shrubs never form a dense canopy, and dense stands of grasses and forbs (any herbacious plant that is neither grass nor shrub) are found in the understory. Although much of the project area has been disturbed, in those areas where development has not yet occurred, plants associated with disturbed areas may be found. In these areas weedy forbs (such as yellow star thistle, mustard, and goosefoot), and invasive grasses (such as ripgut brome, wild oats, and red brome) are found. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM EIOTA Final Environmental Impact Report November 1984 Page 59 Sensitive Species: The Sensitive Plant List from the California Plant Society (1980) was examined in order to determine if any sensitive plant species occurred in the area. Prom this list it was found that the Rock Creek broomrape (QCGbaocbC_yalida) has been identified to be from the general area of the proposed project (within the 7.5 minute quadrangle). This parasitic herb utilizes Yerba santa as its host and is usually found above 4,000 feet. One site within the project area was called out for specific analysis. This site is shown in more detail on Figure 19, page 60. A walkover survey was conducted by qualified terrestrial ecologists during daytime hours on 18 March and 1 April 1983. The survey concentrated along the floodway but did include the remaining property. Taxonomic determinations were made during these surveys and in the laboratory. They correspond with the current regional flora of Kunz (1974). The vegetation presently occupying this site may be best described as an introduced eucalyptus forest, dominated by red gum accompanied by occasional individuals of blue gum along the eastern and southern property boundaries. Individuals of red gum are closely spaced and predominantly 2 -6 inches in trunk diameter, although a few larger specimens (12 -16 inches) are present along the periphery. A few specimens of coast live oak (gVgCCD @_agCliclia) and scrub oak (Q@@CCD@ dumc@a) were noted. • 3..n AV VSOW83H � a e 1 1 it �x ftpT.., ..y Yl4Y_`yY ,Fi'," � rr J,•J- � V n, 3" :S L xa! k i �. •:w �11 • 1 1" �L. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM EIOTA Final Environmental Impact Report November 1984 Page 61 A relatively dense and uniform groundcover is formed by ripgut brume ( @ ;Q�puSdSp04LU9) accompanied occasionally by common wild oat (BYeoa_fatua). Locally occasional to frequent herbaceous inclusions within this understory are common corethrogyne (S4retbrg9yoe_f11491D1fg1ia), lupine (LopiDu6) and short - podded mustard (9taeSlca_9eolFUlata)• Weedy barbs occurring along pathways and other disturbed areas include horseweed (S;4DYSa_cabadebai8). western ragweed (bIDbrgeia_FSilgetacbYa), lamb's quarters (CbeuQpQdium_album) jimson weed (Fat9ra_StramgDlUID), and frequent stands of poison oak (TgS1ggdeDdrgD_4iY0rS11gbUID) existing in a range from low, spreading ground cover to tall bush to tall vines. It appears that prior to clearing and planting with eucalyptus the property was probably vegetated by coastal sage scrub, similar to that presently found along the northern boundary of the property within the San Bernardino National Forest. Small isolated remnants of this indigenous community are still present on the site in a few small clearings and along the margins of the eucalyptus forest. Shrubs comprising these remnants include buckwheats (6rig9guum_faecicUlatUw, LiCfg9r40Um_e1409atUm)r California sagebrush sages (&alY1a _melllf era. UslYia_aplitua) and deerweed (LgtUS_ecgFarluSl• A complete listing of vegetation occurring on the site may be found in the Appendix 9.3. The low diversity and exotic nature of site vegetation is not conducive to habitation or substantial usage by area wildlife. The site may therefore be considered of relatively low value to wildlife and as such does not serve a significant role in the ecology of the region. a IVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM BIOTA Final Environmental Impact Report November 1984 Page 62 No species of plant or animal presently designated as rare, threatened or endangered by the D.S. Fish and wildlife Service, State of Cal "ifornia Department of Fish and Game or California Native Plant Society was detected by the site survey, nor are any expected to occur on the site. Due to its relatively low present biological value, contemplated development of the site is not expected to exert a significant impact upon onsite biological resources. Development adjacent to the San Bernardino National Forest boundary can be expected to result in increased pressure for human encroachment into this area. In the absence of proper management this could result in significant offeite impacts upon biological resources through such mechanisms as intentional wildlife depredation, invasion by exotic flora and fauna (including domestic pets) and habitat destruction by offroad vehicles. Conversely, as development occurs adjacent to the San Bernardino National Forest boundary the potential for "natural backlashes" will exist such as: poison oak exposure, animal self defense actions (skunk smell, rattlesnake bites, etc.) rabbit and deer damage to gardens and landscaping as these animals move from the National Forest area seeking water. Since the natural channel now exhibits tracks of coyote and racoon, this path will likely continue to be used causing additional nuisance and "pet disappearance" problems. ENVIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM BIOTA Final Environmental Impact Report November 1984 Page 63 3.48 IMPACT The natural channel 3A will remain unimproved. The existing floodway is shown on Figure 20, page 64 along with the suggested setback for future development. It has been suggested that preservation of as much of the red gum forest as practical is desired by the City. Because of the topographical nature of this site, along with the necessary setbacks, it is expected that conventional development for 20,000 square foot lots will require the removal of most, if not all of these trees. From a biotic perspective the red gum and few blue gum trees on this site are not significant and their removal, therefore, will not create a significant biotic impact to the area or region. Their aesthetic value, however, might merit retention through cluster development techniques. 3.4C MITIGATION FJLUVPE8 To minimize impacts to the existing biotic communities on this site from the proposed project the City should restrict clearing and grubbing to the actual floodway, and construct rock linings where erosion would otherwise occur. 3.40 OMAVOIDABLE ADVERSE IMPACTS From a biotic perspective the retention of the natural channel will have no significant impacts for the reasons stated above. Pace 64 Natural Channel 3A & Setbacks nil Tons rprosanu Iloodwey bul dhV setback Fl 20 Donald O. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM TRAFFIC AND CIRCULATION Final Environmental Impact Report November 1984 Page 65 3.5 Traffic and Circulation This section is intended to provide the reader with a good understanding of the- circulation system affecting and affected by the project Bite. In addition, this section will investigate the changes to this system which would be experienced if the proposed project were approved. Vehicular capacities in an engineering analysis may produce numbers and statistics Which are not necessarily meaningful to the layman. An attempt, therefore, will be made to also relate these numbers to social values. 3.SA SMIMG The project area is adjacent to and west of Haven Avenue. It is crossed by three other north -south roadways: Hermosa Avenue, Ramona Avenue, and Archibald Avenue. The project area is crossed by two east -west roadways (see Figure 21, page 66): Hillside Road and Wilson Avenue. 3.5E IMPACT During Phase I, as shown in Section 1.6 (page 8) , the • construction of the improved channel and the debris basin involves about 23,000 and 26,000 cubic yards of excavation, respectively. Consequently, there will be a total 49,000 cubic yards of material. Meanwhile, the construction of the debris basin will need 48,000 cubic yards of material for embankment. According to the desire of areawide balance of cut /fill with no material import /export for Phase I, all material excavated from the improved channel will be shipped • to the debris basin. .- CL Existing Noise Contours Source: Legend: City of Rancho Cucamonga 60 Ldn /� t679 ss� 66 Ldn Noise exposure contours Figure No. Donald G. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM TRAFFIC AND CIRCULATION Final Environmental Impact Report November 1984 Page 67 This would involve about 2,400 truckloads of material assuming 20 cubic yards per truckload. Each truckload equates to two vehicle trips. One trip to arrive at the site and one trip to unload. This then would equate to a total of 4,800 vehicle trips by construction vehicles. The trip will basically utilize the channel right -of -way. As a result, two primary impacts are predictable: dust and noise. Dust and noise will occur both from construction techniques and from the motion of vehicles. Very few residences currently are adjacent to the channel right -of -way, so construction traffic noise and dust impacts will be minimized. Improvements will be made to both Wilson Avenue and Hillside Road where they cross the existing channel. These improvements will remove hazards and restrictions which now exist. The movement of people and vehicles at these locations will therefore be improved and made safer. During Phase II it is estimated that about 89,000 cubic yards of material will need to be removed from the debris basin and West Alta Loma Basin as the result of excavation. Assuming a 20 cubic yard per truckload, then this removal would require about 8,900 vehicle tripe by construction vehicles. These trips would utilize either Hermosa Avenue, Archibald Avenue, or would follow the channel right-of -way. Regardless of which route is followed, the dust and noise impacts will exist. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM TRAFFIC AND CIRCULATION Final Environmental Impact Report November 1984 Page 68 While frequent spraying of water to wet down the topsoil may be required it is likely that a significant amount of dust will still occur impacting almost all properties within the project area in turn as construction proceeds. This impact will be short term and will be balanced against the flood protection to follow. Like dust, the noise of construction equipment and construction vehicles will impact all property within the project area at one time or another during construction. Figures 21 and 22 on pages 63 and 66 respectively show the existing and anticipated levels of noise upon implementation of the General Plan. Future noise levels are seen to be within an acceptable level upon development of the project area with future housing and this project. Archibald Avenue currently carries substantially more vehicle traffic than does Hermosa Avenue (4,600 VTD vs. 1,600 VTD) , so construction vehicles would impact Archibald Avenue proportionately more than Hermosa when these routes are used. Periodically the debris basing will need to be cleaned out and the material removed. After the first five year period the anticipated storage areas will have been exhausted. At that point debris will need to be removed by truck. It is estimated by Associated Engineers that about 14,000 cubic yards of material will need to be removed on five year intervals (more frequently if wildfires occur). Assuming a 20 cubic yard capacity truck, then this debris removal would require about 1,400 vehicle trips by these trucks. This volume would be well within the design capacity of the major • Page 69 ¢ i i i I 1 1 1 Ie 1 I, 1 V /,•off _a E a aa�uuaia I Future Noise Contours Proposed Proposed Foothill Freeway Contours assume 10 dB attenuation) Source: contours using Ldn metric City of Rancho Cucamonga 22 Figure No. Donald G. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM TRAPPIC AND CIRCULATION Pinal Environmental Impact Report November 1984 Page 70 streets within and adjacent to the project. Construction vehicles should then follow Highland Avenue to points east of the project area, and Base Line Road to points west. 3.5C MITIGATING MEASURES Construction dust will be a continuing nuisance during construction. This nuisance will be minimized by frequent spraying of water onto both the construction site and the route taken by construction vehicles. Blowing dust subsequent to construction will be minimized by prompt hydroseeding of ground cover or other landscaping of the disturbed areas. Streets utilized by construction vehicles will experience increased dust and dirt to a varying degree. These roads should be inspected on a regular basis and swept or washed down as necessary to control dust. During construction, construction vehicles may disrupt the traffic flow now existing on the areawide street system. Use of Hermosa Avenue, Highland Avenue, and Base Line Road will minimize this disruption. Noise will be a nuisance since construction machinery and vehicles will generate considerable noise during their use. It is suggested that time limitations be placed upon the hours of operation of this equipment to minimize disruption to individual residents when construction is within 500 feet of occupied dwellings. NVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM TRAFFIC AND CIRCULATION Final Environmental Impact Report November 1984 Page 71 3.5D UNAVOIDABLE ADVERSE IMPACTS Construction noise cannot be avoided even though the hours of operation are regulated. Significant dust will occur even though the area is watered on a frequent basis. Some slowing of vehicular traffic will occur due to construction vehicles, but this is not expected to be significant or long lasting. ENVIRONMENTAL SETTING/ ALTA LORA DRAINAGE SYSTEM EMERGENCY SERVICES Final Environmental Impact Report November 1984 Page 72 3.6 Emergency Services This section is intended to identify whether the proposed project would affect the Service level or service capability of police and fire services. This section will quantify any detrimental impacts discovered and identify how these detrimental impacts may be avoided or mitigated. 3.6A SETTING Pire service is provided by the Foothill Fire Protection District. Public Safety service is provided by the County Sheriff. Existing fire stations serving the project area are located as follows (see Figure 23, page 73)e Station 41 6627 Amethyst (19th i Amethyst) Station 42 9612 San Bernardino Road (Rlusman a San Bernardino Road) Station 43 12858 Base Line Road (1/4 mile east of Rochester) Station 41 utilizes a 1973, 1250 GPM pumper for initial response and also has a 1960 pumper in reserve. A 1974, 1500 GPM pumper with a 1959 reserve pumper is located at station 42. Station 13 has a 1969 1500 GPM pumper. Sheriff facilities are located at 9333 - 9th Street. Service is provided on both a patrol and call basis under contract with the City of Rancho Cucamonga. The present drainage system is an unimproved natural channel throughout. There is an absence of all- weather access along • Page 73 Emergency Services Legend ♦ .Existing Fire Stations O .Proposed Fire Stations L 3 • _city Hall Figure No. Donald 0. King and Associates dill ! d! I Ii Wilson � 1 �F. 1 el 1 ■ !� 7. Banyan n 1 r ■ I ■ • _ Foothill Fr =�C �>C�� >t �� ■ ■ ■ 191n I ■ � i i i • Is in 'v hu rch .....4• ......�.........., 02000"000 am ♦ ■ ■ ■ Anew f a • Emergency Services Legend ♦ .Existing Fire Stations O .Proposed Fire Stations L 3 • _city Hall Figure No. Donald 0. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM EMERGENCY SERVICES Final Environmental Impact Report November 1964 Page 74 this system. Hillside and Wilson Avenues have experienced total isolation in past storms. Portions of Hermosa Avenue are currently closed during all storms because of existing problems of debris flows. At this time water collects into the drainage channels and basins, and flows south to Hermosa Avenue, flowing onto the roadway just north of 19th Street. In the past, water and debris flowing out at this location have caused damage to the street and to private properties downstream. Water flows at the present time in medium to heavy storms is of a quantity and force adequate to prevent the use of'Hermosa Avenue as a public street. People and /or vehicles might be swept along by the storm water causing serious injury and /or property damage. 3.611 IMPACT The proposed project is located in an area designated as a high fire hazard area. Residential units constructed within such a fire classification could be subjected to hazards from adjacent, undeveloped land areas. If the surrounding area develops, this hazard should be reduced. Residential developments are, in general, susceptible to an increased number of fires than undeveloped areas, yet these fires tend to be of a smaller scale and are, therefore, more easily contained. The project as proposed will impact emergency services (police, fire, and paramedic) in two significant ways. The proposed chain -link fencing along the improved channel will reduce the need for emergency services. However, occasionally people may become trapped by and swept along by VIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM EMERGENCY SERVICES Final Environmental Impact Report November 1984 Page 75 storm waters in both improved and unimproved channels requiring rescue attempts by these emergency services. There are no provisions in the existing system at this time to facilitate these rescue attempts. A trapezoidal channel design is thus proposed for the improved channel. In addition, the Flood Control District may wish to consult with the Fire District regarding retrofit installation of a low cost uniform rescue facilitation system. A second impact of significance represents an important improvement in emergency response capabilities. Because debris flown will be alleviated, emergency vehicles would be able to cross Hillside and Wilson except during periods of record storms. These problems are seen as significant impacts upon the delivery of emergency services, impacts which exist now, but which may grow in significance as the project area develops, thereby increasing the total population nearby. The severity of existing problems, therefore, may not increase but the frequency might. 3.6C MITIGATING MSASDRBS A one inch cable attached to secure abutments spanning the channel at regular intervals (of about 2,000 feet or so) and also one up- stream of each Alta Loma Basin will permit safe rescue attempts. with the cable, a safety harness (developed by the Fire District for such rescue attempts in Chino) will be utilized. The cost of this custom made equipment is not seen by the Fire District to be a major expense. ENVIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM EMERGENCY SERVICES Final Environmental Impact Report November 1984 Page 76 In order to mitigate future access isolation caused by debris flows, the proposed construction of the new debris basin and the three culvert structures needs to be implemented. In order to mitigate emergency access problems along the unimproved channel 3A, (vehicular access being shown along the improved channel) the City should require provisions from pending or future developments for emergency vehicular access along or to specific points along the unimproved channel. 3.61) UNAVOIDABLE ADVERBS IMPACTS The flood control channel 3A presently exists with danger and peril to accidental or intentional intruders. The situation will not be significantly improved by the construction of the proposed project. The project will remove debris flows but will not significantly reduce the amount of stormwaters overflowing directly south of the Nest Alta Loma Basin during heavy storms. Therefore, stormwaters flowing south on Hermosa Avenue will continue to isolate several properties eliminating access during at least the peak flow periods. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM SCENIC QUALITIES Final Environmental Impact Report November 1984 Page 77 3.7 Scenic Qualities This section is intended to be an assessment of the scenic nature and qualities of the project area. The purpose is to identify what will change as a result of the proposed project, and to insure that changes to scenic resources do not occur unintentionally. Any detrimental impacts will be identified, along with recommendations for either avoiding or mitigating these impacts. 3.7A SETTING As noted previously the majority of the project area is presently undeveloped and tentative tract maps have been approved over the majority of the undeveloped land. These approved projects cannot be developed until adequate flood control improvements, such as the proposed project, are built. This analysis, therefore, will consider only the scenic nature and changes for lands affected by this particular project. As noted in Section 3.3 Hydrology, the project involves a system of natural and improved channels, one debris basin, and two flood control basins. The areas affected by the proposed improvements are currently undeveloped. Community Design Resources are noted on Figure 24, page 78. This illustration schematically notes that Hermosa and Archibald Avenues are scenic corridors looking north toward the foothills. The proposed project will not affect any design resources noted as significant by the General Plan. Figure 25, page 79 illustrates the Open Space Plan, as taken from the adopted General Plan. This illustration shows that Open Space Plan 9B Source : Legend: City of Rancho Cucamonga Proposed Park Flood Control Lands Special Vegetation I Figure No. Donald G. King and Associates Community Design Resources Source : Legend City of Rancho Cucamonga • Landmarks It Fonal Points A = Special Vegetation L c> Scenic Corridors Figure No. Donald G. King and Associates ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM SCENIC QUALITIES Final Environmental Impact Report November 1984 Page 80 the proposed flood control system is intended to be included within the community open space system. The community trail system, used for pedestrians, equestrians and bicyclists, could follow the proposed flood control channel from line 3A south to 19th Street and Hermosa Avenue. Line 3A, in this case, needs to be adequately fenced and signed. 3.7B IMPACT Construction of the proposed debris basins in Phase I will involve excavation, grading and construction of rip -rap to avoid erosion by active water during periods of high water flow. According to the preliminary drawings by the project engineer this construction will utilize native rock for much of the facing material, and earthworks for the majority of the remaining construction. As such, no significant impacts are anticipated resulting from this construction over the long term. Short term impacts will, however, occur. Noise, dust, and visual scars will occur and will be apparent during and after construction of these improvements until groundcover heals over the raw earth. This vegetation regrowth should be established within a few months after completion of construction. The northerly portion of line 3A (see Figure 19, page 60) is proposed to be a "natural channel ", meaning that no 'improvements' will be made in this area. This site is proposed to have a setback restriction prohibiting the construction of dwellings in areas where these houses might be subject to flooding from stormwaters resulting from a 100 year storm. These setback areas are shown on Figure 20, ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM SCENIC QUALITIES Final Environmental Impact Report November 1984 Page 81 page 64. These setbacks may change somewhat pending the grading plan for the eventual development of that site. Currently several natural drainage paths cut through this site in a zig -zag manner which fosters erosion and creation of debris. This portion of the channel is a scenic stretch among a planted grove of red gum eucalyptus. A few native coast live oak, scrub oak and toyan trees exist also. The northern quarter of this site functions as a 'hot spot" for a number of species of birds. Along the channel itself a number of trees (about 35 eucalyptus and 2 coast live oak) will need to be removed. These trees are or will be undercut by erosion and will eventually block the channel, perhaps causing localized flooding during periods of high water flow. Because of the shape of this parcel, along with the flood control setbacks, it is likely that the majority of the existing vegetation will be removed through conventional development techniques. In Phase I, chain -link fencing is proposed along and parallel to the improved channel. A roadway is proposed for maintenance and access parallel to the channel. Together these items may not be aesthetically pleasing to the adjacent properties. 3.7C MITIGATION MEASURES Bydroseeding of all earthworks, along with periodic watering until the vegetation is established, will speed the "healing over" of construction scars and earthworks. The preliminary (schematic) grading plans do not show massive earthworks that would function as visual detriments IVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM SCENIC QUALITIES Final Environmental Impact Report November 1984 Page 82 to the scenic corridors. Utilization of cluster development techniques could preserve both the residential density and scenic qualities of the unimproved channel site while enhancing the setback distances from the potential floodway. Landscaping of the channel with trees and shrubs will emphasize the open space and trail character envisioned in the General Plan while softening the man -made hard edge character of the channel. The system of right -of -way could be considered as a portion of the City trail network, with appropriate paving and landscaping. 3.71) URAVOIDRDLE ADVERSE IMPACTS The visual qualities of natural and. eroded bluffs and canyons will be altered by the construction of a debris basin. This basin will be further altered as debris is excavated and stored at these basins. The natural, rocky 'creek" or •brook" appearance of the majority of the Alta Loma System that exists today will be altered to a concrete trough with none of the character of the prior system. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 83 3.8 Land Use and Planning Considerations This section is intended to assess the land use impacts which might occur as a direct or indirect result of this proposed project. This analysis will consider the impact to housing and population both within the project area and any area outside of the project area affected by it. 3.8A SETTING The project area is only partially urbanized at this time. A series of separate development proposals have been submitted to the City for approval. Figure 26, page 84 illustrates the extent of pending development within the project area. Because adequate flood control facilities do not now exist the City has delayed tentative or final approval of the pending development proposals. As new development proceeds the percentage of impervious surface within the project area will increase thereby incrementally Increasing the total quantity of storm water run -off than has heretofore occurred. One portion of the proposed project is to be left as an unimproved or 'natural' channel, in an attempt to retain the unique qualities of an eucalyptus grove. Setback requirements (and minimum floor elevations) will be required as shown on Figure 20, page 64. A natural channel will necessitate a higher degree of maintenance than will an improved channel, and the Flood Control District will not maintain the natural channel. For this channel, the City of Rancho Cucamonga or a homeowners' association will be responsible for maintenance, with all related costs being Page 84 uq l: O 10046 ... . .. .. r- r .{ 10047 a 7i � I - i M41 111111// � I q rJ Pending Development Source City of Rancho Cucamonpe Tone represents Tracts proposed or approved pending flood control pnprovements Flgure No. Ooneld G. King and Associates NIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 85 the responsibility of the property owner (and future owners). The legal agreements for this maintenance cost reimbursement have not yet been finalized. The site through which the natural channel passes had previously been proposed for and designated on the General Plan as a public park. This designation was later removed by Council action. A proposed development plan, Tentative Tract 12237 had been submitted and was approved by the City Planning Commission. Given the shape and floodway setbacks imposed on this site, it will be difficult to design a conventional subdivision on it while still accommodating the design and environmental quidelines as set out in the adopted General Plan. 3.8B IMPACT Upon completion of the proposed project, a good portion of debris flowing in the natural channels will deposit in the new Debris Basin. This will alleviate the debris transport to the existing Basins 1 and 2. The new culvert structures and street improvements at Hillside Road and Wilson Avenue will also reduce the chances of sweeping people and vehicles into the channel at these existing crossings. Upon completion of Phase I, at least seven proposed development projects will be permitted to proceed unless other problems arise preventing one or more from developing. These proposals account for about 189 acres of the total project area. They are itemized as follows: ENVIRONMENTAL SETTING/ ALTA LORA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 86 Tentative Tract Dwelling Units Potential Population 12237 - 86 267 10046 27 84 10047 43 133 11609 12 37 9441 72 223 9649 40 124 10045 _2¢ _¢1 TOTALS id6 242 The development of 306 dwelling units housing about 949 persona will undoubtedly increase the total quantity of storm water runoff than has heretofore occurred. The additional runoff resulting from such development will increase the magnitude of property damage and related flooding problems existing south of the project area if no improvements to the existing drainage system are made. It has been determined that the flood control improvements are necessary to prevent any further flooding problems to areas south of the project boundary. These problems can be mitigated if the amount of storm water flowing south of the West Basin can be reduced. This project thus proposes: 1. the installations of an equalizer between the two Alta Loma Basins and an outlet pipe between the East Basin and the Haven Avenue Storm Drain to increase the flowthrough function, and 2. the excavation of the West Alta Loma Basin to enlarge its storage capacity. These improvements will therefore reduce the storm water flowing south of the West basin as development proceeds. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 87 Property damage south of the project area is still possible in heavy storms. Traffic flow along 19th Street and along Hermosa Avenue will continue to be occasionally blocked due to high, rapid flow of water. The volume of the flow will not increase because of the enlarged storage capacity of the West Basin. The proposed project will, however, remove some of the debris that currently is swept along by storm water. Damage caused by this debris will be reduced as a result of the proposed project. The development of conventional residential lots along the •natural channel" (line 3A) will have two primary impacts: the removal of most, if not all of the eucalyptus trees currently existing, and the juxtaposition of family housing- -with children -- adjacent to the potentially dangerous facility, during times of heavy runoff. Children playing adjacent to the natural channel could be swept into the system during periods of heavy flow. A natural channel offers no protection from injury due to rocks or debris. 3.BC MITIGATING MEASURES To avoid loss of trees the City could encourage custom lot siting and /or cluster development. Alternatively, the City could encourage a change in building type from single family detached to single family attached. To avoid lose of life and /or injury the natural channel could be fenced off preventing access. This latter option is, however, not seen as being either aesthetically desirable nor totally effective. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 88 The debris basin proposed as part of this project will mitigate damages caused by debris otherwise swept along by storm water. To avoid the potential of magnifying the problem of property damage occurring south of the project area there are two potential mitigating measures: first, as proposed for Phase II of this project, the flowthrough function from the Alta Loma Channel to the Haven Avenue Storm Drain via the Alta Loma Basins will be improved and the storage capacity of the West Alta Loma Basin will be enlarged. This will reduce storm water flowing directly south of the West Basin. Since development within the project area will bring potential adverse impacts of additional water runoff, it is reasonable to assume that developers are responsible to mitigate the impacts. Therefore, Phase II calls for a policy decision as to a match between any development within the project area and an excavation of the West Basin to an extent that the excavation can accommodate the additional runoff water as a result of the particular development. That is, the improvement of the West Basin keys in the developments within the project area. Upon the completion of Phase II, no increase of flood impact will occur within or south of the project area. This policy is vital for avoiding any serious property damage south of the project area in moderate and heavy storms. The City should apply this as a condition of any new development in the project area. To implement this proposal, a method needs to be set to determine the amount and procedure of excavation in relation to the development. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM LAND USE AND PLANNING Final Environmental Impact Report November 1984 Page 89 Phase III proposes the construction of a new outlet drain to connect Basins No. 1 and No. 2 following a route along Hermosa and Turner Avenues to Foothill Boulevard then easterly to the Deer Creek Channel. These workings will be required as an ultimate flood control measure and are noted as a part of the adopted L. D. King Comprehensive Storm Drain Master Plan. 3.811 UNAVOIDABLE ADVERSE IMPACTS The ultimate urbanization and growth in population will occur after the completion of this initial flood control improvement, and such improvement will facilitate this urban growth. Land use impacts resulting from restricted access will continue to occur until ultimate improvements are completed. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM ECONOMIC FACTORS Final Environmental Impact Report November 1984 Page 90 3.9 Economic Factors This section is intended to review the several economic criteria considered in the design of the proposed project. While impacts in this area may not have a direct environmental effect, a decision based wholly or partly upon economics could result in secondary environmental effects or impacts. 3.9A SETTING -_ The existing Alta Loma Drainage System produces a quantity of debris, consisting of sand, gravel, rocks, and other material. This debris causes damage to the roadways, blocks floc -dway channels and plugs catchbasins, causing an expansion or extension of the flooding that otherwise would occur. Figure 18, page 54, portrays some of the damage that has recently occurred along this floodway. Assessment District 84 -2 has been established to finance the construction of the improved channel and debris basin. In this manner, properties directly benefiting from the improvement would pay the costs to install their frontage improvement. The street improvements at Hillside Road and Wilson Avenue will be borne by the City as a Gas Tax expenditure. Subsequent to construction the maintenance responsibility and maintenance costs will be borne by the San Bernardino Flood Control District, except for the unimproved channel on line 3A. The unimproved portion of line 3A would be the responsibility of the individual property owners. ENVIRONMENTAL SETTING / ALTA LOMA DRAINAGE SYSTEM ECONOMIC FACTORS Final Environmental Impact Report November 1984 Page 91 3.9B IMPACT The financing of the proposed construction and improvements will have a one time economic impact upon the City of Rancho Cucamonga, and /or upon taxpayers in general. As the proposed street improvements will be funded from Gas Tax and Systems Development Funds. The project will impact property owners within the boundaries of Assessment District 84 -2 (see Figure 3, page 11). Property owners within this district will be assessed the costs for the channel improvements estimated to be about $2,250,000 (see Appendix 9.2). This cost will be spread on a basis of acreage to all properties. on this basis a cost of about $6,500.00 per acre, spread over a period of 15 to 20 years at a set rate of interest will become the responsibility of and encumbrance upon all properties within the assessment district. During February and March of 1983 the City of Rancho 0 Cucamonga sustained $357,000 in damages to public property and an estimated one million dollars in damages to private property. There has been no breakdown in these damage assessments to isolate those attributable to the project area, but considerable damage has occurred to Hermosa Avenue at 19th Street, requiring that this street surface be replaced twice to date. This damage has been caused . primarily by the debris flowing from the unimproved natural channel onto Hermosa Avenue. Upon completion of Phase I of the proposed project, the amount of debris in the form of cobbles and large rocks flowing onto the street will be reduced. Damage from that cause, therefore, will be reduced. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM ECONOMIC FACTORS Final Environmental Impact Report November 1984 Page 92 As noted in Section 3.3 (beginning on page 43), upon completion of Phase I of this proposed project new development will be facilitated. This new development will increase the total amount of runoff quantity above the quantity now flowing through the system. Meanwhile the excavation of the West Alta Loma Basin in Phase II will accommodate this additional runoff. However, the total volume, pressure, and velocity resulting from moderate and heavy storms will still be adequate to cause property damage and total (but temporary) street closure of Hermosa Avenue south of 19th Street. Maintenance coats of the proposed system would be borne by the San Bernardino County Flood Control District except for line 3E which is short, which would be maintained by the City. The setback restrictions proposed along the natural channel 3A as shown on Figure 20, page 64, would not place an undue burden upon the property owner. These setbacks, however, may diminish the total potential residential density permitted by the City on this parcel through conventional design processes. The reduction of debris flows will reduce the periodic rebuilding and /or repair of at least Hillside Road, Wilson and Hermosa Avenues. This may result in avoiding significant cumulative future costs and expenses. ENVIRONMENTAL SETTING/ ALTA LOMA DRAINAGE SYSTEM ECONOMIC FACTORS Final Environmental Impact Report November 1984 Page 93 3.9C MITIGATION MEASURES The proposed project itself is a mitigation measure designed to mitigate existing problems within the project area which result from a lack of stormwater control facilities. Potential density loss due to setbacks on the unimproved portion of line 3A can be avoided through use of planned development techniques and clustering instead of conventional minimum lots of a half acre each. 3.9D ONAVOIDABLE ADVERSE IMPACTS If the proposed project is constructed, then the debris basin will require cleaning on a periodic basis. This cleaning and debris removal will become new costs to the Flood Control District and the City. In addition, the District will maintain the improved system of channels - -also a new cost. If the proposed project is constructed, some volumes of water will continue to flow south on Hermosa Avenue. In periods of high stormwater flow, property damage may still occur due to corrosive effects of water. While this impact is avoidable by future or alternative measures, it will continue to occur if the project is not built, but will be more significant without this project than with it. 4.0 Alternatives Donato Q. King and Associates ALTERNATIVES ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 95 4.0 Aftematives 4.1 ALTERNATIVE 1: EXPAND THE PROJECT In addition to the components included in the proposed project, this alternative would involve the improvements of the flood control system south of the project area, including the construction of a pipe of adequate size under Hermosa Avenue south of 19th Street to accommodate the volume of stormwater generated. This system would connect with the system at Foothill Boulevard which will carry this stormwater to the Deer Creek Channel. For this alternative, the environmental impacts would compare with the proposed project as follows: Geology - no significant difference. Soils - no significant difference. Hydrology - this alternative would eliminate all impacts otherwise noted south of the present project termination. Biota - no significant difference. Traffic and Circulation - this alternative would eliminate all noted impacts upon access and circulation in the current proposal, except that because construction would require excavation of the street (at least in part). This street would be unavailable for general use for six months to one year due to the size of the drain and extensive street reconstructions involved. ALTERNATIVES ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 96 Emergency Services - This alternative would eliminate all impacts related to flooding and access south of the project area noted in the current proposal. Scenic Qualities - This alternative would require the reconstruction of Hermosa Avenue to Foothill Boulevard. As a new street it would look better. Nuisance waters ever present along the streets would be removed. High (2 feet +) street curbings used to maintain floodwaters in the past could be replaced with standard sections. Land Use and Planning Considerations - No significant difference. Economic Factors - This alternative would involve substantial new construction. This additional expense would be paid for by the City as a whole (through some vehicle). In any case the increase in costs would be significant- - beyond the ability of the City to fund in any single year with current revenue sources. Staged construction of a new revenue source must be found to accommodate such workings. 4.2 ALTERNATIVE 2: SANE PROJECT AT A LATER DATE This alternative presumes that nothing will change in the design or construction of the proposed project except the time of construction which will occur at some unspecified future time. For this alternative the environmental impacts would compare with the proposed project as follows: ALTERNATIVES ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 97 Geology - no significant difference. Soils - no significant difference. Hydrology - impacts due to the proposed project would not occur until constructed. Existing problems would remain. Biota - no significant difference. Traffic and Circulation - impacts due to the proposed project would not occur until constructed. Existing problems and impacts would remain. Emergency Services - impacts due to the proposed project would not occur until constructed. Existing problems and impacts would remain. Scenic Qualities - impacts due to the proposed project would not occur until constructed. Existing problems and impacts would remain. Land Use and Planning Considerations - the implementation of the adopted General Plan would be delayed. There would be no other significant difference. Economic Factors - inflation in the construction industry would increase the cost of this project. If property damages are considered resulting from debris from the existing system are added, then costs to the public also increase cumulatively. Delay in this project prohibits the construction of developments in the project area already otherwise approved. These houses will inflate in cost over time as construction and materials costs rise. ALTERNATIVES ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 98 4.3 ALTERNATIVE 3: PD PROJECT This alternative presumes that no changes from the existing situation will be made. Under this alternative there would be none of the impacts or benefits associated with the proposed project. Under this alternative public costs would surely continue, and would continue to rise due to damages caused by debris flow and erosion on both public and private properties. This alternative would result in a significant impact upon all lands affected by this system. This alternative would require alteration in the storm drain master plan. This alternative would prohibit or at least delay the construction of all developments otherwise approved in the project area. This alternative would defeat the spirit and intent of the adopted General Plan. 4.5 SUMMARY Based upon the foregoing consideration, it would appear prudent to carry out the proposed project because: 1. The alternative one, expanding the project to a city -wide scale, is not fiscally feasible at the present time. 2. The alternative two, postponing the proposed project to a later date, adds costs to implement the project in the future, adds the public cost due to the continuous property damage south of the project area, and delays the development in the project area otherwise approved. 3. The alternative three, presuming no changes from existing conditions, allows the damages caused by debris flow and erosion on both public and private properties to continue. This alternative is counter to the General Plan. 5.0 Growth Inducing Impacts Donald G, King and Associates • GROWTH INDUCING IMPACTS ALTA LORA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 100 5.0 Growth Inducing Impacts AUTHORITY AM SCOPE Section 15143(8) of the California Administrative Code requires that every Environmental Impact Report shall contain a section to discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly in the surrounding environment. PURPOSE This section is intended to provide the reader with a general understanding of whether and how the proposed project might stimulate new growth in the project vicinity. The purpose of this section is to facilitate an understanding by the reader of the implications of approval and development of the project as proposed. In this manner a more informed decision- making process may occur. 5.1 PROTECT SITE The absence of adequate flood control improvements within the project area is delaying urbanization at this time and hangs as an undesirable element over the existing social environment. The proposed project will facilitate the development of seven Tentative Tract maps (see Figure 26, page 84) containing 306 dwelling units. This urbanization will add about 949 persons to the population of the City if the current average of 3.2 persons per housing unit is maintained. GROWTH INDUCING IMPACTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 101 5.2 PROTECT PERIPHERY The proposed project will have no measurable growth inducing impact beyond the perimeter of the project area. Within the project area, the growth inducing and cumulative impacts of the individual tract maps proposed have already been considered by the City. 6.0 Cumulative Impacts Donald G. King and Associates CUMULATIVE IMPACTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 103 6.0 Cumulative Impacts AUTHORITY AM SCOPE Section 15143(a) of the California Administrative Code requires that all Environmental Impact Reports shall contain a section describing cumulative impacts when found to be significant. PURPOSE This section is intended to provide the reader with a good understanding of the developments proposed, approved, and under construction in the project vicinity, which, acting together would cumulatively cause impacts that might not be apparent if analyzed individually. The purpose of this section is to facilitate an understanding by the reader of the overall events which should be expected to occur as a result of the proposed project, acting together with other projects in the project vicinity. 6.1 SHORT TERM IMPACT The City of Rancho Cucamonga has experienced a tremendous rate of growth since 1970, increasing its population by over 311 %. The 1984 estimated population was 66,000. The City has enacted a growth management system to accommodate growth in a more regular pattern. The proposed project will facilitate the already proposed urbanization within the project boundaries. CUMULATIVE IMPACTS ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 104 The proposed project will reduce the amount of debris and volume of water flowing onto City streets south of 19th and Hermosa Avenue. As water exceeds the height of curbs, the resulting boiling motion may exhibit corrosiveness, rapidly eroding topsoil and undermining street and structures. This impact occurs now and will be lessened: 1. by the removal of debris from the water flows through the construction and excavations of the debris basin, 2. by the improved flow diversion from the Alta Loma Channel to Haven Street Storm Drain via the Alta Loma Basins, and 3. by the enlarged storage capacity of the West Alta Loma Basin through excavations. 6.2 LONG TERM IMPACT The proposed project will, as time progresses, provide for the eventual safe use of lands within the project boundary, as provided and proposed by the adopted General Plan. Since runoff of storm waters increases with new development, the total flow of water into the system will continue to increase incrementally. Meanwhile, the corresponding excavation of basins with new development in Phase II will increase the storage capacity of those basins and thus to accommodate the increasing runoff of storm waters. Therefore, the magnitude of flooding and damage that may occur south (downstream) of the project area will not be enlarged. 6.3 RELATIORSEIP TO LANG TERM PRODUCTIVITY The proposed project will not utilize agricultural land nor land required for mineral resource recovery. The project CUMULATIVE IMPACTS ALTA LORA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page 105 will not detrimentally impact the long term productivity within the region. Some productivity restrictions due to flooding which occur south of the project area now will not be eliminated by this project. The stimulation or facilitation of development of 306 dwelling units along with the housing of 949 people will require the utilization of more natural resources and will stimulate the economy locally through a net increase in demand for supplies, services, and potential labor force. C7 0 7.0 Organizations /Persons Consulted Donald G. King and Associates ORGANIZATIONS/ ALTA LOMA DRAINAGE SYSTEM PERSONS CONSULTED Final Environmental Impact Report November 1964 Page 107 7.0 Organizations /Persons Consulted AUTRORITY AND SCOPE Section 15144 of the California Administrative Code requires that every Environmental Impact Report shall include a section disclosing the identity of all federal, state, and local agencies, other organizations, and individuals consulted in preparation of the EIR. PURPOSE This section is intended to show who was contacted for information, comments, and review during the preparation of this report. The purpose is simply for disclosure, to permit the reader to check and insure that no important initial consultation has been forgotten. ORGANIZATIONS/ ALTA LOMA DRAINAGE SYSTEM PERSONS CONSULTED Final Environmental Impact Report November 1984 Page 108 ASSOCIATED ENGINEERS Mr. Jim Aindig, P.E. (project designer) 316 East •E' Street. Ontario, California 91761 889 -0491 WILLIAMSON AND SCBMID Mr. Mark Seits, Hydrologist (project hydrologist) 17782 Sky Park Boulevard Irvine, California 92714 549 -2222 CITY OF RANCHO CUCAMONGA Mr. Lloyd Hubbs, City Engineer Mr. Slane W. Frandsen, Senior Civil Engineer Mr. John Martin, Assistant Civil Engineer Mr. Rick Gomez, City Planner Mr. William Holley, Community Services Director 9320 Base Line Road Rancho Cucamonga, California 91730 989 -1851 SAN BERNARDINO COUNTY SHERIFF Lt. Futcher 9333 9th Street Rancho Cucamonga, California 91730 989 -6611 FOOTHILL FIRE PROTECTION DISTRICT Mr. Jim W. Bowman, Battalion Chief 6623 Amethyst Avenue Rancho Cucamonga, California 91730 987 -2535 SAN BERNARDINO FLOOD CONTROL DISTRICT Water Resources Division Mr. Allan J. Rielhold, P.E. Division Chief Mr. Peter J. Rusher, Senior Hydrologist 825 East Third Street San Bernardino, California 92415 383 -2926 8.0 Report Preparation Staff Donald G. King and Associates REPORT PREPARATION STAFF ALTA LORA DRAINAGE SYSTEM Final Environmental Impact Report November 1964 Page 110 8.0 Report Preparation Staff AUTHORITY AND SCOPE Section 15144 of the California Administrative Code requires that every Environmental Impact Report shall contain a section disclosing the identity of all persons, firms, or agencies preparing the EIR, whether by contract or by other authorization. Section 15151(b) of the California Administrative Code also states that: (a) A number of statutes provide that certain professional services can be provided to the public only by individuals who have been registered by a registration board established under California law. Such statutory restrictions apply to a number of professions including but not limited to engineering, land surveying, forestry, geology and geophysics. (b) In its intended usage, an EIR is not a technical document that can be prepared only by a registered professional. The EIR serves as a public disclosure document explaining the effects of the proposed project on the environment, alternatives to the project and ways to minimize adverse effects and to increase beneficial effects. As a result of information in the EIR, the Lead Agency should establish requirements or conditions on project design, construction, or operation in order to protect or enhance the environment. State statutes may provide that only registered professionals can prepare technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. REPORT PREPARATION STAFF ALTA LOMA DRAINAGE SYSTEM Final Environmental Impact Report November 1984 Page ill PURPOSE This section is intended to identify the individual persons who prepared the report or portions thereof. The purpose is to facilitate an assurance that appropriate individuals of competent ability were utilized in the preparation of this report. PLANNING CONSULTANT D. G. Ring Associates•Planners 9375 Archibald Avenue, Suite 212 Rancho Cucamonga, California 91730 (714)987 -7077 AUTHORS: Donald G. Ring, Ph.D., Principal Edward T. Huang, Ph.D., Project Manager PROTECT STAFF: Frank Cuomo, Planner Terri Tborson- Eagan, Planner Ronald Quinn, Ph.D., Terrestrial Ecologist Susan DeBamer, Data Processing Administrator 9.1 Appendix Donald G. King and Associates APPENDIX Page 113 CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: ALTA LOMA DRAINAGE SYSTEM APPLICANT'S NAME, ADDRESS, TELEPHONE: CITY OF RANCHO CUCAMONGA P. 0. BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: CITY ENGINEER, LLOYD HUBBS LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) The drainage system lies generally between Archibald and Hermosa, in a LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS:_` San Bernardino County Flood Control District I -1 APPENDIX PROJECT DESCRIPTION Page 114 VP • ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING A:CC PROPOSED BUILDINGS, IF ANY: Project drainage area Acres DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE • INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES) , ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): • The drainage site lies within the foothill area of the San Gabriel 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? YES, implementation of this construction is in accordance with the City of Rancho Cucamonga's Master Plan for Drainage System 2 -3 of the L. D. King Report of June 1981. 1-2 APPENDIX Page 115 WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground contours? X 2. Create a substantial chance in existing noise or vibration? X 3. Create a substantial chance in demand for municipal services (police, fire, water, sewage, etc.)? _ X 5. Create changes in the existing zoning or general plan designations? X 5. Remove any existing trees? How many ?Maybe - Unknown _ X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: 1. Basin excavation and earth fill for debt IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development R view Committee. Date 7/9/84 Signatur Title CI k ENGINEER I -3 APPENDIX Page 116 • RESIDENTIAL CONSTRUCTIO\ The following information should be provided to the City of Rancho Cucam..onaa Planning Division in order to aid in assessing the ability of the school • district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Specific Location of Project: • PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: • 2. Number of multiple family units: • 3. Date proposed to begin construction: 4. Earliest date of occupancy: • Model # and # of Tentative 5. Bedrooms Price Range • I -4 • 0 hPPENDTR CITY OF RASCHO CDCA:IGAGA PART lI - TNITIAL Siv'DY ESNIRONCIENT.IL CHECKLIST Page 117 APPLICANT: CITY OF RANCHO UCAMONGA - - FILING DATE: _LOG MMBER: PROJECT: ALTA LOMA DRAINAGE SYSTEM - LINES 3A, 3_ PROJECT LOCATION: ALTA LDMA AREA - BET'dEEN ARCHIBALD AND NE RMOSA I. ES7=0M2:ENTAL I1D`ACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO 1. Soils and Geology. Will the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? -- X b. Disruptions, displacements, compaction or burial of the soil? X — C. Change in topography or ground surface contour intervals? X — d. The destruction, covering or modification of any unique geologic or physical features? e. Any potential increase in wind or water erosion of soils, affecting either on or off site conditons? -- Y 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? X h. An increase in the rate of extraction and /or use of any mineral resource? % 2. Hydrology, Will the proposal have significant results in: APPENDIX Page 118 YES MAYBE NO a. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? 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? e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? Y g. Change in the quantity of groundwaters, either through direct additions or with- drawals, cr through interference with an aquifer? Quality? Quantity? h. The reduction in the amount of water other- wise available for public water supplies? _ y i. Exposure of people or property to water 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? Stationary sources? IL 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? X 4. Biota 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 Ll C 0 APPENDIX Page 119 YES TNYu° SO c. Introduction of new or disruptive species of plants into an area? A d. Eeductien in the potential for agricultural Production? __ X fauna. Will the proposal have significant results in: a. Change in the characteristics of species, including diversity, distribution, or numbers of anv species of animals? _ __ K b• Reduction of the numbers of any unique, rare or endangered species of anima'. ' K C. Introduction of new or disrupti "r species of animals into a- area, or result in a barrier to the migzatL .: or movement of animals? N d. Deterioration or removal of existing fish or wildlife habitat? = S. Population. Will the proposal have significant results in: a. Will the proposal alter the locat! .. distri- bution, density, diversity, or grow:.;. rate of the human population o1 an area? b. Will the proposal affect existing housing, or create a demand for additional housing? 6. Socio- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or commercial diversity, tax race, and property values? x- b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? 7. Land Use and Planning Considerations. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? b. A conflict with any designations, objectives, policies, or adopted plans of any governmental X entities? _. --- — e. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? APPENDIX Page 120 YES ?L \YaE 30 0 E, Iransnortation. Will the proposal have significant results in: a. Generation of substantial additional vehicular movement? X • b. Effects on existing streets, or demand for new street construction? X C. Effects on existing parking facilities, or demand for new parking? X d. Substantial impact upon existing transporta- tion systems? X e. Alterations to present patterns of circula- tion or movement of people and /or goods? 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? X • 10. Health, Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health hazard or potential health hazard? • b. Exposure of people to potential health hazards? _ C. A risk of explosion or release of hazardous substances in the event of an accident? • d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? e. Increase in existing noise levels? 0 f. Exposure of people to potentially dangerous noise levels? X_ g. The creation of objectionable odors? %— • h. An increase in light or glare? __ X- APPENDIX Page 121 TES KAYBE NO 11. Aesthetics. Will the proposal have significant results in: a. The obstruction or degradation of any scenic vista or view? )L b. The creation of an aesthetically offensive site? X _ C. A conflict with the objective of designated or potential scenic corridors? jL 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? X _ b. Natural or packaged gas? _ X c. Communications systems? X _ d. Water supply? X _ e. Wastewater facilities? X _ f. Flood control structures? X _ - g. Solid waste facilities? X h. Fire protection? X _ i. Police protection? X - J. Schools? k. Parks or other recreational facilities? X 1. Maintenance of public facilities, including - roads and flood control facilities? X _ m. Other governmental services? 13. Energy and Scarce Resources. Will the proposal 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 - new sources of energy? ]L d. An increase or perpetuation of the consumption of non - renewable forms of energy, when feasible renewable sources of energy are available? _ 1(PPENDIX Page 122 YES :11\113E NO • e. Substantial depletion of any nonrenewable or scarce natural resource? K 14. Mandator[ 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? 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? II. DISCUSSION OF ENVIRONMENTAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). SEE ATTACHED 0 APPENDIX Page 123 I. l.b The project site will require removal of earth materials along the course of the channel to accommodate the channel lining as well as gradings for the access roadways along either side of the channel. The most significant earthwork feature will be at the northern end of the channel construction where gradings will be performed to construct a new debris -dam and basin. The dam will be constructed from materials excavated from the basin. I. l.c The deepest fill for the proposed debris dam will be 28 feet from the bottom of the existing wash to the access roadway along the top of the earth embankment. The typical height will vary from 0 to 23 feet around the lower and easterly face of the embankment. The westerly face will be keyed into an existing earth bluff. At the deepest point from the bottom of the basin to the top of the embankment, an 18 foot height is noted. I. l.f The fill for the debris dam although not extending to the fill height of the existing bluff should serve to retard the continual erosion and sloughing of the near vertical face of the bluff overlooking the canyon area. Debris carried down to the basin will be caught within the basin requiring seasonal removal. Such debris currently migrates to the existing flood control detention basin at the lower end of the channel. The seasonal erosion of materials from the existing unimproved channel wash and resultant siltation of the noted basin will be significantly reduced by virtue of the construction. A trade off of maintenance of the new debris basin for reduced channel and basin maintained is noted. I. 2.a The equalizer culvert being constructed through Hermosa Avenue will transfer flows from the westerly basin to the easterly basin where such can be released in a controlled manner to the existing storm drain on Haven Avenue. Overflows from the westerly basin through the existing overflow will be immediately reduced in frequency upon construction. Additional basin excavations will be required outside or separate from this project to maintain the new level of storm protection as runoff increases from development along the channel. The project, therefore, will give immediate yet temporary relief of the localized flooding caused by basin overflows to properties south of the westerly basin. S.a Without installation of the proposed improvements there is insufficient basin capacity to accommodate added runoff from the proposed development within the drainage system. Existing runoff levels already cause infrequent flooding when basin overflows are experienced. APPENDIX Page 124 The initial formation or act to form the Assessment District, as this ! project, allows for those involved with developent within the drainage area to collectively construct the needed facilities. City Gax Tax and Storm Drain Funds will also be expended to complete street widening and improvements where the roadways and channel intersect. I. 5.1b As previously noted, an immediate relief will be felt by those ! properties downstream from the westerly basin where flooding has been experienced during the heavy winter rains of the recent past. This relief will gradually diminish as upstream development occurs or until additional excavation can be performed within the basins. I. 6.b The Assessment District being proposed is or has been reduced in size ! from the originally proposed AD 82 -2 which was opposed by various parties in the past. The new District boundaries include immediately adjoining land owners. An assessment fee based on the size of parcel (per acre) will be proposed upon on the yet to be developed parcels within the District. ! The sale of bonds to provide the initial construction funding will be paid back over a 15 -year period as fees are collected from the land owners. Assessments will be due and payable at time of development. Credit will be allowed for channel right -of -way dedications or for previous payment of drainage fees. Existing ! residential owners will be excluded unless such property is considered as predominately vacant or undeveloped. Those undeveloped parcels where the owners have no immediate intent to develop may defer payment until development or pay such in installatments over the bond period of 15 years. 0 I. 7.a It must be noted that fluoding will continue to occur and that planned developments will be unable to occur without the mitigating effects of these or similar channel and basin improvements. To not do the workings prior to development, flooding to those existing tracts below the west basin will increase in severity and frequency 0 as runoff increases due to development. I. 8.d Transporation: Waters from the existing channel requires the closure of Wilson and Hillside Avenues during storm periods. The two proposed culverts at these locations will have the positive effects of eliminating the storm hazard and temporary street closures. ! Traffic along Hermosa Avenue below the basins will also be improved. During storm periods as overflows from the basins can be reduced by virtue of the diversion to the Haven Avenue Storm Drain. Nuisance waters along Hermosa will be intercepted through construction of a new catch basin and connector pipe to the westerly basin. New curbs 0 and gutters between 8anyon and Coca will better traffic flow past the basin where the roadway narrows and curves as it goes past the channel. APPENDIX Page 125 I. lO.b Previous studies with regards to the project have commented regarding a safety hazard of people falling into the lined channel being carried rapidly to and over the proposed spillway to the west basin. The transport or travel time for flows within the channel will decrease due to the smooth channel. The "baffle piers" at the bottom of the spillway would indeed have disastrous effects to people or persons falling into the channel being carried over the spillway. The only mitigating measure is to fence the channel as proposed which will protect to the measure possible all but deliberate entry into the channel. It must be noted that the existing channel already possesses similar if not a more severe hazard with storm waters flowing over Wilson and Hillside Streets, and without fencing along the steep cobbly channel to protect against accidental entry. The spillway hazard will need to be created to eliminate those of the exposed natural channel and of those hazards of the two street crossings. 12. Utilities and Public Services a.c. Electrical Power and Communication Systems Both electric power and communication systems will be required to relocate and or underground existing overhead pole lines and wires. Such workings are normal occurances to such improvements and fall within franchise requirements between the City and utility agencies. d.e. Water supply and waste water lines will be required to relocate for the box culverts being constructed at Hillside, Wilson and Hermosa. These workings are incorprated into the planned workings. The intent of the project is to modify and upgrade the existing storm drain system and structures, channel and basins will be upgraded and improved. Additional workings will required in subsequent projects to complete the ultimate development of the system. h,i,j. Transporation routes for police, fire and school currently subject seasonal storm closures will become all weather routes. Construction disruption to such services will be mitigated by detour during the proposed construction. Maintenance to the roads and existing natural storm drain channel will be significantly reduced. Occasional roadway washouts at Wilson and Hillside should be eliminated. Debris and siltation within the existing basins will be reduced. A new maintenance requirement to maintain the new debris basin north of Hillside is created as previously noted. Low maintenance activities to maintain fencing and the new concrete channel lining will also exist. APPENDIX Page 126 • III. DETERMINATION On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect 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 in this case because the mitigation measures described on an attached sheet have been added to the project. T NEGATIVE DECLARATION WILL BE PREPARED. ,I I find the proposed project MAY have a significant effect on the n envirnment, and an ENVIRONMENT IMPACT REPORT is required. Date 7/9/64 Signature CITY ENGINEER Title n u r 0 n U 9.2 Appendix Donald G. King and Associates APPENDIX Page 128 POWECT_OUT_ESTI NATB6' 1. ASSESSMENT DISTRICT - PHASE I: Construction costs for Main channel and Basin No. 3 $2,200,000.00 Assessment District Engineering 23,000.00 Bond Council ____26,Q00.44 SUBTOTAL: $2,249,000.00 2. CITY SUPPLEMENTS i GAS TAX EXPENDITURES -PHASE I: Design2 (Flood Control Fund) $240,000.00 Street Improvements (Gas Tax) 300,000.00 Construction Engineering2 (Development Fund) _2QQ,QQQ,QQ SUBTOTAL $740,000.00 3. PEASE II3: Basin excavation and equalizer culvert between Basins 1 a 2 $500,000.00 Construction Engineering ___5Q,QQQ,QQ SUBTOTAL $550,000.00 GRAND TOTAL: 1 + 2 t 3 - $3A3AQ.QQ0,QQ lEStimates prepared by: Slane W. Frandsen, Senior Civil Engineer of the City of Rancho Cucamonga, 28 September 1984 2zone 1 i Flood Control Matching Funding has been requested from the San Bernardino County Environmental Management Agency which would see county funds being expended if approved. 3Funds yet to be appropriated. 9.3 Appendix uonma U. King and AaaOdiat96 0 0 a :IN APPENDIX Plants observed on the study site SPECIES ALLUVIAL MASH Armaranthaceae Amaranth-us californlcus California amaranth Anacardiaceae Toxicodendron diversilohum Poison Oak Asclepidaceae Ascienlas Sy Milkweed Asteraceae Ambrosia anthicaraa Annual bur weed Ambrosia psilostachna Western ragweed A:temisin californlra California sage Artemisia doualasiana California mugwort Baccharls of ,tom Mulefat C_ntauraa solstialis Yellow star thistle Cirsium A4 Thistle Conyza cenAdensls_ Horseweed X x x x x x x x X x Page 130 FOREST x x x x x X APPENDIX Plants observed on the study site SPECIES ALLUVIAL MASH Conyza bonarlensis South American conyza Conyza canidensis Horsetail Gnapthal I m Spy,. Cudweed Gnaohalium beneolens Fragrant everlasting Corethroayne fiiapinlfolia Common corethrogoyne Brassicaceae Alyssum maritime Sweet alyssum Brassica Lem "late Summer mustard Brassica geniculata Short podded mustard Chenopodlaceae Chen000d ium murale Nettle leaved goose foot Chenonodlum album Lambfs quarters Euphorblaceae Croton californice California croton Eramocaraus steleerus Dove weed X X X x x X x X Page 131 FOREST x X x X x X x X x X APPENDIX Plants observed on the study site SPECIES ALLUVIAL MASH Fabaceae Lotus sconarius x X Deerweed LunInus U. x Lupine Fagaceae Ouercus ,0yrltollm Coast Live Oak Ouerr„s Lumosa Scrub Oak Hydrophyllaceae Eriodictvon trichocaroa X x Yerba sante Phaceilla jpp, X X Phacelia Lamlaceae Marriuhlum vulgnre Horehound Salvia &plane X X White sage Salvia col umbarae X Chia Mytaceae Eucalvntus U, x Eucalyptus Page 132 as -iMl X X X 71 APPENDIX Page 133 Plants observed on the study site SPECIES ALLINIAL MASH FOREST Eucalyptus alobulus x Blue gum Eucalyptus rostrata X X X Red gum Onagraceae Cam T sson la gy X Camissonla Epllohlum andenocaulon X Willow herb Paeoniaceae Paeonia californica X California Peony Pol emonlaceae Lentodacty Ion Sp. X X Prickly phlox Naverretial X Spine flower Polygonaceae Erl000num fasciculatum X X California buckwheat Eriogonum SGi Buckwheat ruiyuonum AXjS&jjLM X Knotweed Rannunculaceae De l ph inum W, X Larkspur APPENDIX Plants observed on the study site SPECIES ALLUVIAL MASH Rhamnaceae Rhamnus crocea Buckthorn raanothu% crass Ifol l us Hoary -leaf ceanothus Rosaceae Adgnostoma fasciculatum Chamise Scrophulariaceae Penstemon spectabllis Solanaceae nature metaloldes Jimson weed Nl cotlana ,clauca Indian tree tobacco SOJ.CDum nodlfolium Small flowered nightshade Poaceae Avenn 1"- Wild oats Bromus molIIs Soft chess BrJmus rubans Red brome X X X X X x x X X x x X x Page 134 FOREST X X X X X APPENDIX Plants observed on the study site Page 135 SPECIES ALUIV IAL MASH FOREST Elvmus condensatus X x Giant wild rye Eraorosils n1losa Love grass Lamarkia aurea Goldentop x x x Srhismus harhatus x x Mediterranean schl smus S±W cornata x Crested stipa a single specimen of Dudlgn [Anran JAJLA x Common Dudlea APPENDIX References Page 136 California Native Plant Society. 1980. Inventory of Rare and Fndmnnnred Vascular. Plants of California. CNPS Special publication 11 (2nd ed.) Hanes, T. 1976. Vegetation types In the San Gabriel Mountains, In Letting, J. (ad.), Plant Communities of Southern Cal ifornia, California Native Plant Soclety, Special Publication 02. Munz, P. 1974. A Flora of Southern Cal lfornla. University of California Press, Berkeley, California. Smith, R. L. 1980. Al lnvlal Scrnh Vagptation of the can Gahriel River Floodolain, California. Madrono 27 (3) 126 -138. 9.4 Appendix Donald 6. King and Assooiatss APPENDIX Page 138 9.4 Comments Received and Responses ADTBORITY AND SCOPE Section 15146 of the California Administrative Code requires that every Final EIR shall contain a listing of all comments received and the responses to them. In addition fa 1981 Appellate Court decision in Cleacy_YB rgylLty__9i__Staoielaus (118 Cal. App. 3rd 348) clarified requirements for responding to review comments. Specifically, the court indicated that comments must be addressed in detail, giving reasons why the specific comments and suggestions were not accepted. The responses must show factors of overriding significance which required the suggestion or comment to be rejected. Responses to comments must not be conclusory statements but must be supported by empirical or experimental data, scientific authority or explanatory information of any kind. The court further said that the responses must be a good faith, reasoned analysis. The following section is included here to satisfy the needs stated above. • APPENDIX Page 139 The following are' summaries of comments received during the response period. Responses to these comments follow. The letters of comment and response are appended to these responses. A. State Office of Planning and Research John B. Ohanian, Chief Deputy Director COMMENTS: The comments deal with State procedure, but not with the project EIR substance. RESPONSE: The procedural information is noted and appreciated. B. State Department of Water Resources Robert Y. D. Chun, Chief Planning Branch, Southern District COMMENT: 1. The lined channel might reduce groundwater recharge to a small degree which could be cumulatively significant. 2. The project should not flood downstream areas. 3. The City should enact and implement a flood plain management ordinance to qualify for entry into the National Flood Insurance Program. 4. The City should also consider solving flooding problems not impacted by this project. RESPONSES: 1. While groundwater recharge is a consideration (enlarging the Alta Loma Basins will increase recharge potential) it is significantly secondary to the protection of the health and safety .of the present population. To not line the proposed channel would be to invite severe erosion potential along with significant siltation of the downstream flood control system thereby reducing overall system effectiveness. Any reduction (admittedly small) in channel recharge potential APPENDIX Page 140 is more than made up for by enlarging the Alta Loma Basins and creating the debris basin as proposed. 2. Flooding now occurring "downstream" will be lessened to a significant degree by this project. No new flooding will be created. A project to eliminate all existing flooding was considered in detail and was found to be note feasible (financially) at this time. 3. The City has enacted and is implementing these ordinances. Membership in the NFIP has recently been renewed. 4. This consideration is a regular and ongoing part of the work program of the City. To this end a laudable amount of intergovernmental coordination has been experienced between the City, the County Flood Control District, the State, and the Army Corps of Engineers. The City has a Comprehensive Storm Drain Plan (adopted 1981) and is proceeding to implement the Plan. This project, in fact, is part of that Plan. The Department also included a series of water conservation measures related to development projects. The City will review these and utilize all applicable suggestions. C. Department of the Army Corps of Engineers, Los Angeles District Carl P. Enson, Chief Planning Division COMMENTt Effects of additional storm flow resulted from this project on Cucamonga Creek should be analyzed. RESPONSE: This Alta Loma System flows into Deer Creek System which flows to the Cucamonga System. The entire systems are a part of the Comprehensive Storm Drain Plan and are all sized accordingly to be compatible. The concern was addressed both previously in the Moffit- Nichols Study and in the currently approved Comprehensive Storm Drain Plan which met environmental acceptance. APPENDIX Page 141 D. County Departments of Transportation/Flood Control /Airports Allan J. Eielhold, Chief Water Resources Division COMMENTS: 1. The equalizer culvert under Hermosa Avenue needs to be included in Phase I work. 2. In periods of high storm water flow, property damage occurring south of Banyan Street will become more significant as the project area approaches 1008 build out. 3. The increase in maintenance costs of the System including the debris removal costs from the basin will be new costs to the Flood Control District. 4. Two additional problems and three recommendations in association with the overflow discharged from the West Basin to Hermosa Avenue were identified. RESPONSES: 1. The equalizer with an available funding from the County is now part of Phase I instead of Phase II as noted in page 15 of this report. 2. The improvement of the Channel will reduce the degree of property damage south of Banyan Street caused by debris. In addition, Phase II is designed to offset the increased peak runoff and storm water volumes generated by the development in the project area through the concurrence of development and excavation of basins. The net result will be no significant change to the volume of overflow from the West Basin south to Hermosa Avenue. 3. The cost is actually a shift of public expenditure. While maintenance cost of the debris basin will be a new cost to the Control District, both the lining of the Channel and the siltation in the West Basin will reduce the maintenance costs of the system. 4. The improvement of the Alta Loma System is a part of the City's Comprehensive Storm Drain Plan, and this report is an impact analysis of the proposed project focusing on the improvement north of Banyan Street. Those two problems are recognized and were studies in prior projects and EIRs which deal with broader areas in the system. The three APPENDIX Page 142 recommendations are consistent with the Comprehensive Storm Drain Plan and needed to be addressed in Phase III which is intended to deal with the area south of the proposed project area. No other comments were received Page 143 STALE OF CALIFORNIA -0FNCE OF NE COV MR GECRGE pE WUTAN, Opnmp, OFFICE OF PLANNING AND RESEARCH 14 TENN StREET SACRAMENTO. CA 9914 rt November 19, 1984 Mr. Blare Frandsen City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Sub;ect: SD:= 64100111, ,Alta Loma Drainage System Dear !1r. Frandsen: The State Clearinghouse Submitted the above named draft aivirormental Impact Report (EIR) to selected state agencies for review. The review period is closed and the com- ments of the individual agency(ies) is(are) attached. If you would like to discuss their concerns and recomnndations, please contact the staff from the appropriate agency(ies). When preparing the final EIR, you must include all comments and responses (CEQA Guidelines, Section 15132), The certified EIR mist be considered in the decision - making process for the project. In addition, we urge you to respond directly to the commntinng agency(ies) by writing to Linea, including the State Clearinghouse nester on all correspondence. In the event that the project is approved without adequate mitigation of significant effects, the lead agency must make written findings for eadh significant effect and it mist support its actions with a written statement of overriding considerations for each unmitigated significant effect (CEQA Guidelines Section 15091 and 15093). If the project requires discretionary approval from any state agency, the notice of Determination nst be filed with the Secretary for Resources, as well as with the County Clerk. Please contact Peggy Osborn at (916) 445^0613 if you have any questions about the environmental review process. Sincerely, r t ion Deputy Dir for cc: Resources Agency attachment State of caRfornin Memorandum Page 144 The Resouress ARemy To : 1. Gordon F. Snow, Ph.D. Dole ; OCT J0 Assistant Secretary for Resources - 2. City of Rancho Cucamonga Fib No.: Post Office Box 807 Rancho Cucamonga, G 91730 Subjach DEIR, Alta Loma Attention: Blane Frandsen Drainage System, August 1984. Frwn ; Depwrhnsnt of Water Raaounes SCR 84100111. Los Angeles, CA 90055 In accordance with your letter of September 28, 1984, the Department of Water Resources has reviewed the subject report and offer• the following comments: The lining of the existing natural channel will reduce infiltration to the underlying basin by an mount that cannot be determined from the data. Because of the relatively short channel, 4,745 feet, the amount of water that would be lost from this project is assumed to be small. But, when considered in con- junction with other channels that may also require concrete lining for flood control, the total amount lost to the ground water resources could be signifi- cant. Although flood control in this area seems to have high priority, the accumu- lative loss of recharge from the lined channels, with consequent losses of ground rater in storage, my be an issue that will need to be addressed in the future. Moreover, it should be recognised that even though the proposed drainage project provides some degree of flood protection, the disposal of drainage floes should not aggravate flooding to the dowslope communities. In areas not drained by the proposed project, but determined to be flood prone, the City should enact and implement a flood plain management ordinance to qualify its entry into the Rational Flood Insurance Progress (HFIP). The City's draft EIR states that it is participating in the NFIP and has enacted regulations to address its flooding problems as well as setting policies and objectives to guide its future development. However, we note that the latest October 1984 listing of flood prone communities prepared by the Federal Emer- gency Management Agency, Region 11, indicates that the City is not participating in the NPIP. RICIND OFRC[ OF PUNNING a R95ucr Page 145 Cordon P. Snow, Ph.D., et al Page 2 k?Jo0 The City should also give consideration to solving any residual flooding problems not impacted by the presently proposed project through the use of non-structural measures, such as setting aside flood prone land* for parks and other compatible uses. Sincerely, Robert Y. D. Chun, Chief Planning Branch Southern Discrict Attachments Page 146 l'. ON SPLPD -RP DEPARTMENT OF THE ARMY l05 aNLEIES Ci5'iiCl LJP >S Oi ENGiNEEPS V CCOi ]'f, t O2 �MLElES • {09Ni� W5).}]IE Nove•aber Li, 1984 'Ir. 31ane :.. Crandsen Capitai ?rojects Section .. ity -)f lanc'no Cucamonga 93 20 3aseLine Road aanc'ao Cucamonga, California 91730 :)ear 'ir. Frandsen: 'Chic is in response to a letter from your office dated September 28, 1984, whicd requested review and comments on the Draft Environmental Impact Report for the Uta Loma Storm Drainage System. The droposed project appears compatible with the Corps' flood control project on Cucamonga Creep; however, we sn;gest that the final EIR include an analysis of the effects of the additional stow flow on Cucamonga Creek, which -would eventually receive this flow. Thank you for the opportunity to review and comment on this docunent. Sincerely, Carl F. Enson Chief, Planning Division • DEPARTMENT OF TRANSPORTATIONI FLOOD CONTROLIAIRPORTS 825 Eatt Third Street • San Bernardino, CA 924150835 • (714) 383.2388 City of Rancho Cucamonga 9320 Baseline Road, Ste. C Rancho Cucamonga, CA 91730 Attention: Mr, Slane W. Frandsen Senior Civil Engineer Gentlemen: Page 147 COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY 27, 1984 File: 1-405 11.00 1- 406/1,00 Be: Zone 1, Alta Loma Storm Drain and Associated Assessment District /84 -2 This letter Is in response to your letter of September 28, 1984, received in this office on Cctober 4, 1984, in which you enclosed a Draft Environmental Impact Report for the Alta Loma Storm Drain and Associated City of Rancho Cucamonga Assessment District No. 84 -2. We have reviewed the report and have the following comments relative thereto: Assessment District 84 -2 has been established to finance the construction of a flood control channel and basin north of Hillside Road in the Alta Loma area of Rancho Cucamonga. The plan also involves the enlargement of the existing Alta Loma Basins. The outlet structure of the East Basin to the existing Haven Avenue Storm Drain will be modified. It is proposed to accomplish the project in three phases as follows: Phase I Improve the Alta Loma Channel north of Hillside to Alta Loma Basins. Provide culverts and street improvements at Hillside and Wilson Avenues. The outlet structure of the East Basin to Haven Avenue Storm Drain will be modified during Phase I. The equalizer culvert under Hermosa Avenue must be included in Phase I work - it cannot be deferred to a later Phase because it would cause an interim situation with increased risk for persons affected by discharges from the westerly basin via the spillway. Phase II Modification of the East and Nest Basins, structures and certain other street improvements will be accomplished during this phase. The excavation of the West Basin will also be a part of the task. This will increase the West Basin capacity from 85 ac.ft, to 120 ac,ft. Page 148 Letter to City of Rancho Cucamonga November 27, 1984 Page 2 Phase III This phase is not included within the limits of this project. Phase III proposes to excavate the East Alta Loma Basin and provide channel improvements south of Banyon Street. The proposed project is designed to provide a collection system of local drains with capacity of Q. and provide significant reduction of the Q peak flow rates from the basins. The project, in effect, provides a dagrree of flood protection for the areas north of the Alta Loma Basins. The Alta Loma Outlet Channel south of Banyon Street to Hermosa Avenue will continue to affect the local residents in storm periods much as it does now, except that with the aforementioned modi- fications,it will take a larger storm to discharge flood flows over the spillway in the westerly basin — or conversely, it will result in a smaller discharge down Alta Loma Outlet Channel for a given frequency of storm. In periods of high storm water flow, property damage will still Occur as the storm waters flow south to Hermosa Avenue. The impact of this becomes more significant as the area to the north approaches 100% build out. Alternate measures planned for the future are not a part of this project. Phase III will attempt to mitigate the flood flows as they exist today. As the E.I.R. (August, 1984), states The proposed project will affect the surfacial Clow of water and will mitigate area flooding. The developments will be obligated to increase flow attenuation in the basin(s) to offset the increased peak runoff rates and increased storm water volume(s) generated by development. The net result will be that no increase in peak flow rates will be discharged from the basins as a result of development. The limits suggested are not far reaching for the future. Finanding of the project will be a one time impact on the City of Rancho Cucamonga and the property owners within Assessment District 84 -2. Maintenance of the proposed system would be borne by the County Flood Control District. The increase in main- tenance and debris removal costs from the basin will be additional new coats to the Flood Control District. The flows leaving the westerly basin via the spillway and Alta Loma Outlet Channel will continue to discharge onto Hermosa Avenue. In a major storm, this discharge could cause a series of problems: (a) the channel needs to be upgraded to have the hydraulic capacity anticipated as peak flow rate. (b) a stilling basin with turning vanes (walls) needs to be constructed at discharge onto Hermosa Avenue. (c) street surface will be damaged in large storms by high velocity flows of substantial volumes. Page 149 Letter to City of Rancho Cucamonga November 27, 1984 Page 3 (d) the wall on east. side of Hermosa Avenue is not thought to be struc- turally capable of withstanding the combination of velocity, impact, and erosion expected from the flood flows. (e) in the future, a portion of these flows would be captured and conveyed in a closed conduit at some point upstream from the discharge point at Hermosa Avenue to a downstream, adequate facility. ?his would greatly diminish the risk to property and life. Should you have any further questions concerning this matter, please feel free to contact the undersigned at the above telephone number. AL��Very truly yy /cuu(rr)js,,/ 'ICIELHOLU, Chie..� Water Resources Division AJK:AAL:mjs 71 `� CCG�x74� CITY OF RANCHO CUCAMONGA M.a«Jon D. Nikeb F � A ,I _Z C•.kJn,ewle,• Charles J. Duquet 11 Je7fre, 19L- Rkhaed )1. Dahl Ring Pamela Wright December 12, 1984 StasO of � aifornia Department of Water Resources, Planning Branch Southern District 1400 Tenth Street Sacramento, California 95814 ATTN: Robert Y. D. Chun, Chief SUBJECT: DEIR Alta Loma Drainage System - SCH 84100111 Dear Sir: This letter is in response to memo dated October 30, 1984. Page 150 A copy of the renewal lettP, for the City's participation in the national Flood insurance Program is attached. The renewal is dated November 12, 1984. The subject of ground water recharge is valid and shall be noted for further review with the ultimate excavation of the Alta Loma Basin (Phase II & III). Respectfully, COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING D ION BLANE W. RAN Senior Civil Engineer BWF:ko Attachments 9320 BASELINE ROAD, SUITE C • POST OFFICE BOX 807 • RANCHO CUCAMONGA, CALIFORNIA 91730 • (714) 989.1881 C.00AMO, ' Page 151 CITY OF RANCHO CUCAMONGA Charles J. Buqu,n 11 IeffrryRmg 19:' Riehard 5l, Dahl Pamela J. Wright December 12, 1984 Department of the Army Los Angeles District, Corps of Engineers P. 0. Box 2711 Los Angeles, California 90053 -2325 ATTN: Carl F. Enson /Lois Goodman SUBJECT: Environmental Impact Report for the Alta Loma Drainage System. Dear Mr. Eason: This letter is in response to your letter of November 15, 1984 addressing the subject Environmental Impact Report. In the final paragraphs of the letter, an analysis of the affects of the Alta Loma Project upon Cucamonga Creek is suggested. In response, it i5 noted that the proposed Alta Loma Drainage System is only improving the existing Alta Loma Creek Cnannel upstream of the Alta Loma Flood Control basins. These • basins drain to Hermosa and Turner Streets and to the Haven Street Storm Drain both tributary to Deer Creek Channel. The Alta Loma Drainage System and Deer Creek are tributary to Cucamonga Cr,.ek. The Alta Loma Basins to which the proposed system drains, although not yet fully developed, serves to throttle flows down streams. No net increase • in flows from the basins will result. The system proposed has been analyzed in two previous Master Plan studies including the Moffit, Nichol Comprehensive Storm Drain Plan, (March, 1969) prepared for the San Bernardino Flootl Control District and the L. 0, King • Co rehensive Storm Drain Plan for the City of Rancho Cucamon a adopted and approved with revisions in June 1981. The system being tributary to the new Deer Creek Channel constructed in 1983 by the Corps of Engineers was reviewed again at that time. The request for additional analysis for what remote effect this project could • have upon the Cucamonga Creek Channel would seem redundant to what has already been analyzed in two Master Plan studies and the Deer Creek Study performed previous to this project, Respectfully, • COMMUNITY DEVELOPMENI;DEPARTMENT ENGINEERING ZSEN J BLANE W. FRR • Senior Civil Engineer 9320 RA &&ELINE ROAD, SUITE C • POST OFFICE RO% 807 • RANCHO CUCAMONGA. CALIFORNIA 91730 (714) 989.1851 BWF:ko C�'CA%,. Page 152 CITY OF RANCHO CUCAMONGA F_ ^� J i _Z OuneJmrme.n _ ( harl,, J. RUmarf 11 J'rfr , Km' 197- Rkhard )I. Dahl Pemvla J. IN i,ht December 12, 1984 County of San Bernardino Environmental Public Works Agency Department of Transportation /Flood Control /Airports 825 East Third Street San Bernardino, California 92415 -0835 ATTN: Mr. Allen J. Kielhold, Chief, Water Resources Division Dear Sir: This is in response to your letter of November 27, 1984 giving comment with regard to the Environmental Impact Report for the Alta Loma Storm Drain and Associated Assessment District 84 -2. As noted in the Phase I comments, the construction of an equalizer culvert at Hermosa Avenue is now included in the project pursuant to the complcticr. funding agreements between the City and the County. Plans for this improvement were previously prepared and only funding constraints prohibited its inclusion with the original project. The street improvements of Hermosa Avenue will also be included with these workings. The Phase II basin excavations are proposed for completion by virtue of an impact zone requiring developing properties within the zone to provide additional basin capacity to off set any increase in runnoff by virtue of their development. The Phase III constructions would be targeted for flood protection South of the Alta Loma Basins and not North of the Basin as your letter wouldstate. The master plan would show a new or improved outlet line leading from the West Basin to a point south of Highland Avenue where the line would turn easterly to Hermosa then along Hermosa, and Turner to Foothill then east on Foothill, to Deer Creek. The new drain would be required to carry basin overflows and local runnoff maintaining street flows in Hermosa, Turner and Foothill to an acceptable depth. The alignments and designs for the Phase III improvement will require separate environmental study and are therefore excluded from the report. The concerns noted shall all be addressed by the Phase III improvements. 9320 BASELINE ROAD. SUITE C • POST OFFICE BOX 807 • RANCHO CUCAMONGA. CALIFORNIA 91780 • (714) 9994851 yVI L U Mr. Allen J. Kielhold page 153 December 12, 1984 Page 2 In response to the new maintenance costs identified for Basin 63, an offsetting reduction in maintenance expenditure for siltation and debris removal from the West Alta Loma Basin is noted as well as reduced maintenance to the channel by virtue of lining the channel. Respectfully, COMMUNITY DEVELOPMENT DEPARTMENT (ENGINEERING DIVIS Y BLANE W. FRA NDSEN�� Senior Civil Engineer BWF:ko