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1983/06/15 - Agenda Packet
�s °c C"'4gc' i.' o� 1077 CITY OF RANCHO CU)CAIN UA CITY COUNCIL AGENDA Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California June 15, 1983 - 7:30 p.m. All items submitted for the City Council Agenda must be in writing. The deadline for submitting these item 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; Buquet_, Dahl_, Frost_ Schlosser_, and Mikels_ C. Approval of Minutes: May 4, May 18, and May 23, 1983. / // •, ,/�` /a 2. ANNOUNCEMENTS ANNOUNCEMENTS + `.T s a. Thursday, June 16, 7:00 p.m. -PARKS ADVISORY COMMITTEE- Lions Park Community Center, 9161 Base Line Road ( — O b. Thursday, June 230 7 :00 p.m. - ADVISORY COMMISSION- Lions Park Community Center, 9161 Base Line Road • 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. a. Approval of Warrants, Register No. 83 -06 -15 and Payroll ending, 05 -29 -83 in the amount of $648,483.23. b. Foward Claim against the City by Kenneth Coffey to the City Attorney and Carl Warren Co. for handling. 3 • City Council Agenda -2- .tune 15, 1983 c. Authorization for staff to' accept surplus land 4 (Assessor's Parcel No. 207 - 025 -12) from San Bernardino County located north of Eighth Street between Grove and Baker Avenues at no cost to the City. RESOLUTION NO. 83-82 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ASSESSOR'S PARCEL NO. 207- 025 -12 FROM SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AS SURPLUS PROPERTY. d. Award the maintenance contracts for: Parkway Landscape 9 and Irrigation to SCLM Co, Inc. in the amount of R84,106.32/yr., City -wide Street Tree to Homer's Tree Surgery in the amount of $3,022.30/mo., and Street Sweeping to R. F. Dickson Co. in the amount of $2,250 /mo all lowest bidders. • e. Acceptance of Final Map for Tract Nos. 12023, 12024, and 11 12025 Marlborough Development located east of Archibald Avenue, south of Church Street and west of Ramona Avenue. RESOLUTION NO. 83 -83 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NOS. 12023, 12024, AND 12025. f. Approval of Tract Map 11460 for condominium purposes 14 from Lewis Development Company on Sunscape I; approval of Improvement Agreement for completion of certain landscape improvements; and approval of agreement for condominium conversion. RESOLUTION NO. 83 -84 16 A RESOLUTION) OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND FINAL MAP OF TRACT N0. 11460. g. Acceptance of Bond and Agreement for D. R. 82 -25 17 submitted by C @ C Construction for Stop IN Go Market IV located at 6760 Carnelian Street. u City Council Agenda -3- June 15, 1983 RESOLUTION NO. 83 -85 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 82 -25. h. Acceptance of Agreement and Security for Tract No. 9369 24 (11173) submitted by M. J. Brock and Sons., Inc., located on the southeast corner of Archibald Avenue and 19th Street. RESOLUTION NO. 83 -86 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 9369 (11173). i. Acceptance of Agreement and Security for Tract No. 11144 33 submitted by TAG Builders located on the west side of Vineyard and north of Arrow. • RESOLUTION NO. 83 -87 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TACT NO. 11144. J. Acceptance of Agreement and Security for Tract No. 11173 46 submitted by M. J. Brock and Sons, Inc. located at the southeast corner of Archibald Avenue and 19th Street. RESOLUTION NO. 83 -88 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11173• k. Acceptance of Agreement, Security, and Final Map of 55 Tract 12184 submitted by Town and County Development located on the east side of Beryl Street, south of Base Line Road. Is • City Council Agenda -4- June 15, 1983 RESOLUTION NO. 83 -89 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT 12184. 1. Approval of Parcel Map 7852 and Real Property 72 Improvement Contract and Lien Agreement submitted by Beverly Fishback. RESOLUTION NO. 83 -90 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 7852, REAL PROPERTY IMPROVEMENT CONTRACT, AND LIEN AGREEMENT. m. Acceptance of a Real Property Improvement Contract and 78 Lien Agreement from Steven and Vera Sensenbach for • single family room addition at 7928 Sierra Vista. RESOLUTION NO. 83 -91 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEVEN AND VERA SENSENBACH, FOR 7928 SIERRA VISTA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. n. Set Public Hearing for July 6, 1983 for formation of 85 Landscape Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of the Route 15 freoway. RESOLUTION NO. 83 -92 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3. RESOLUTION NO. 83 -93 91 A RESOLUTION OF THE CITf COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. City Council Agenda -6- June 15, 1983 E r. Set Public Hearing for July 6, 1983 for Environmental Assessment and Industrial Area Specific Plan Amendment 83 -01: An amendment to the Industrial Area Specific Plan regarding development standards for interim uses. 4. ADVERTISED PUBLIC HEARINGS A. VACATION OF 77H STREET. Located on the south side of 7th Street, east side of Center Avenue. (Item originally set for aOCh 16, 1983). Staff report by CLL Lloyd Hubbs. RESOLUTION NO. 83 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF 7TH STREET. •d. GRANTING OF EASEMENTS ACROSS 8TH STREET. In connection with Parcel Map 6194 (Cadillac - Fairview) for railroad spur purposes. Staff report by Lloyd Hubbs. RESOLUTION NO. 83 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING TWO EASEMENTS ACROSS 8TH STREET FOR RAILROAD SPUR PURPOSES. C. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE REVISIONS. An amendment to the sign regulations contained within Title 14 of the Rancho Cucamonga Municipal Code. This is a comprehensive amendment intended to improve its administration and to provide for more effective signing. The basic regulations are not being changed. ORDINANCE N0. 65 -B AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 14.04, 14.08, 14.12, 14.16, 14.20, AND 14.28 OF TITLE 14 SIGNS OF THE RANCHO CUCAMONGA MUNICIPAL CODE. ORDERING THE VACATION OF EIGHTH STREET. From Haven Avenue to 2,500 feet + east of Milliken Avenue (Cadillac - Fairview and O'Donnell- Brigham). 112 113 114 121 124 143 159 • City Council Agenda -7- June 15, 1983 RESOLUTION NO. 83 -99 161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO ?Q?lACATED, 8TH STREET FROM HAVEN AVENUE ,jPPROXIMATELY 2,500 FEET EAST OF MILLIKEN AVENUE. S. ORDINANCES FOR CONSIDERATION A. AN ORDINANCE REGULATING CERTAIN ADULT BUSINMES. An ordinance prohibiting certain nude conduct in establishments which serve alcoholic beverages ORDINANCE NO. 200 -8 (first reading) 167 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.08 THERETO PROHIBITING CERTAIN NUDE CONDUCT IN ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES FOR ON PREMISES CONSUMPTION, AND DECLARING PENALTIES FOR THE VIOLATION THEREOF. AN ORDINANCE AMENDING THE CITY'S ANIMAL CONTROL 169 ORDINANCE AND APPROVAL OF FEES. Staff report by Lauren Wasserman, City Manager. ORDINANCE NO. 63 -A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING EXISTING PROVISIONS OF THE ANIMAL CONTROL ORDINANCE IN ORDER TO BE CONSISTENT WITH THE COUNTY ORDINANCE. RESOLUTION NO. 83 -100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE ENFORCING OFFICER FOR ANIMAL CONTROL SERVICES AND ESTABLISHING A FEE SCHEDULE FOR THE LICENSING OF DOGS IN THE CITY OF RANCHO CUCAMONGA. L City Council Agenda -8- June 15, 1983 6. CITY MANAGER'S STAFF REPORTS A. CONSIDERATION OF A REQUEST DY THE COMMUNITY ADVISORY 170 COMMISSION. The Advisory Commission has requested the Council consider a policy relating to residential densities. Staff report by Jim Robinson, Assistant City Manager. B. APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A 176 REQUEST TO MODIFY CUP 81-04 - VINEYARD RAN[. A request to expand their existing modular facility with an additional 936 square feet, related parking, and an extension of time. Staff report by Rick Gomez, City Planner. C. ZONE W - FLOOD CONTROL BENEFIT ASSESSMENT AGREEMENT WITH 198 SAN BERNARDINO COUNTS. An agreement with San Bernardino County on provisions for the administration of funds received under the successful passage of the proposed Measure "W ". Staff report by Lloyd Hubbs, City Engineer. •,. HERITAGE PARR DESIGN CONTRACT: CONSIDERATION OF 203 CONTRACT MODIFICATION. Staff report by Bill Holley, Community Services Director. E. AGREEMENT BETWEEN THE UNITHD STATES OF AMERICA AND THE 215 CITY OF RANCHO CUCAMONGA POR RECREATION ubvmI uPMENT OF THE CUCAMONGA CREEK AND DE CIS CHANNEL. Staff report by Bill Holley, Community Services Director. F. REQUEST FOR WAIVER OF CONDITIONS FOR PARCEL MAP 4773• 22A Located on 23rd Street, 850 feet east of Etiwanda Avenue and 950 feet north of Summit Avenue. Staff report by Lloyd Hubbs, City Engineer. G. PROPOSED SOUTHERN _PACIFIC AND SANTA FE TRACK 249 CONSOLIDATION. Recommend participation with the City of Montclair in a study to pursue the abandonment and tract consolidation of the most northerly Southern Pacific Rail line. Staff report by Lloyd Hubbs, City Engineer. H. CONSIDERATION OF EXTENDING CITY OFFICES LEASE 262 AGREEMENT. Request to extend existing Agreement though June 30, 1985. Staff report by Robert Rizzo, Administrative Analyst. • City Council Agenda -9- June 15, 1983 7. CITY ATTORNEY'S REPORTS No items submitted. 8. COUNCIL BOSINPS, No items submitted. 9. ADJOURNMENT • i • May 4, 1923 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES 'Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, May 4, 1983. The meeting was called to order at 7:50 p.m. by Mayor Jon D. Mikels. Present were councilmembers: Richard M. Dahl, Charles J. Buquet, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Jim Robinson; Assistant City Attorney, Ted Hopson; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Buquet, seconded by Schlosser to • approve the Minutes of March 16, and April 6, 1983. Motion carried unanimously 5 -0. 2. ANNOUNCEMENTS a, Thursday, May 5, 7;00 p.m. - HISTORIC PRESERVATION COMMISSION, - Lions Park Community Center. b. Thursday, May 19, 7:00 p.m. - PARK COMMITTEE MEETING - Lions Park Community Center, c. Applications for the Parks Committee vacancy due by 5:00 p.m., Thursday, May 12, 1983. J. Tuesday, May 17, 7:00 p.m. - ETIWNADA SPECIFIC PLAN HEARING - Lions Park Community Center. 3_ CONSENT CALENDAR Councilman Phillip D. Schlosser requested that Consent Calendar items "k ", and "o" be removed for discussion. a. Approval of Warrants, Register No. 83 -04 -29 in the amount of $43,132.26 and Register No. 83 -05 -04 and Payroll ending 4 -17 -83 in the amount of 5313,605,05. City Council Agenda -2- May 4, 1983 b. Approval of Assessment District 82 -1 Warrants for March 1983 in the amount • of $539,726.89. c. Alcohol Beverage Application for Off -Sale General License, Stater Bros. Market t53, 8770 Base Line. d. Alcohol Beverage Application for Off -Sale General License, Stater Bros. Market No. 78, 9750 Nineteenth Street. e. Alcohol Beverage Application for On -Sale Beer & Wine Eating Place License, Jeanette C. & Mohamad Ali Musa, Moe's Deli, 8760 Base Line. f. Approval of City -State Agreement to the City -State Federal Aid Urban Traffic Signal Project at 4th Street and Archibald Avenue. The city's share for the signal to be done in cooperation with the City of Ontario. Project will be 100% federally funded. The 50% City share amounts to $46,000. RESOLUTION NO. 83 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF LOCAL AGENCY -STATE AGREEMENT NO. 08 -5420, PROGRAM SUPPLEMENT NO. 6. g. Approval of Alta Loma Channel Guarantee of Payment Agreement with the Roberts Group which guarantees payment of $3,863.96 share of the engineering • costs for formation of Alta Loma Channel Assessment District 82 -2. h. Approval of Reimbursement Agreement for Planned Drainage Facility Construction between City of Rancho Cucamonga and M. J. Brock & Sons, Inc. RESOLUTION NO. 83 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FROM M.J. BROCK & SONS, INC. FOR TRACT 9369 AND TRACT 11173. i. Approval of Parcel Map 7264 - Watt Commercial - located on southeast corner of Haven Avenue and Lemon Avenue. RESOLUTION NO. 83 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 7264, 3, Authoriaat49n to establish a Seeviee Reeogoition Program, (Item removed for discussion). k, Ag9reva4 is requested for the GoAtraet with the Gfty of 9Rtdr4e to share • eests equally {$10,099 eaeh) for a seRse4taRt to develep a GowuRity Faeilities Aet 9istr4t for the eenstr4et4R of day Greek, Gity fuRdiRq to City Council Ageada- -3- May 4, 1983 • cewe threwgh the Redevelepment Ageney. Gensw4ants se4eeted were W *43dan Asseeiates and Drawn and Naaarek. (Item removed for discussion). 1. Approval of Furniture for Employee Lounge in the Sheriff's Department. Request that S720 be transferred from the Sheriff's Department overtime budget for this expenditure. M, Approval of Indenture with Southern Pacific Railroad to allow 84 inch storm drain under the railroad at the Victoria Parkway underpass. RESOLUTION NO. 83 -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN INDENTURE AGREEMENT BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE RIGHT TO CONSTRUCT AN 84 INCH STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS WITHIN THE VICTORIA PROJECT. n. Acceptance of Street and Drainage easements from Southern California Edison Company located at various places which cross transmission lines east of Day Creek Boulevard for future drainage and street crossings. RESOLUTION NO. 83 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, ACCEPTING STREET AND DRAINAGE EASEMENT OVER SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY, NORTH OF BASE LINE ROAD (VICTORIA PLANNED COMMUNITY). e, Appreva4 of Proposed Day Greek Agreement §etween the Redevelepment Ageney and the G4ty Of Ranehe Gweareenga providing far city iwp4emeetat ion Of Ray Greek €aeilities pre3eet and estah445h4ng RDA €wnd4ng. (Item removed for discussion). p. Set Public Hearing for May 18, 1983 for Emergency Expenditures to meet National Needs (Federal Jobs Bill Projects). Motion: Moved by Dahl, seconded by Frost to approve the Consent Calendar with the deletion of items "j ", "k ", and "o ". Motion carried unanimously 5 -0. Item "j ", Authorization to establish a Service Management Program Discussion: Mr. Schlosser expressed that a five -year service pin was too short a time for such an award. He felt it should start with ten years. Because of the economic conditions, the money should go into more important things such as repairing pot holes. Mr. Frost expressed that it was worthwhile to discuss later, but the item should be deleted for now. Mr. Dahl expressed that he did not want to defer it. A decision should be City Council Ag904e -4- May 4, 1983 made tonight and not put it off. • Motion: Moved by Buquet to adopt the Service Recognition Program. Mr. Dahl stated that the five year's merit pin was a good stimulant, but he was concerned about the type of award. He felt we should proceed with the award program, but study how they are given out and to whom. For a lack of second, the motion by Mr. Buquet failed. Motion: Moved by Frost, seconded by Schlosser to indicate the report was received and filed. Mr. Schlosser stated he wanted to see this program extended to ten years. The motion failed by the following vote: AYES: Schlosser and Frost NOES: Dahl, Buquet, and Mikels ABSENT: None Motion: Moved by Dahl to adopt the Service Recognition Program to come back at a later time with criteria. He would like to have the various phases or areas that qualify for the award and who gets the award studied. After Council discussion, Mr. Dahl withdrew the motion. Motion: Moved by Dahl, seconded by Buquet to approve the Service Recognition Program and to direct staff to come back at the next meeting with some criteria for the Program with costs not to exceed the recommended $2,000. Motion carried by the following vote: • AYES: Dahl, Buquet, Frost, Mikels NOES: Schlosser ABSENT: None "k" - ADDroval for contract with the Ci y.o Schlosser stated he voted "no" on this item at the RDA meeting. He woul like to also express "no" as a councilmember. Motion: Moved by Buquet, seconded by Frost to approve item "k" on the Consent Calendar. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels NOES: Schlosser Item "o" - Acceptance of Street and Drainage easements from Southern a i orni'a Edson: Mr. SchTsser statecTfhi; was the other item which he vo'no" on at the RDA meeting. He would also like to express "no" now. Motion: Moved by Buquet, seconded by Frost to approve item "o" on the Consent Calendar. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels • NOES: Schlosser City Council �,rettda -5- May 4, 1983 • 4. ADVERTISED PUBLIC HEARINGS A. VACATION OF SERVICE ROAD. Road located on the south side of Foothill Boulevard in connection with Parcel Map 6114 submitted by Vista Investment. (Item continued from the March 16, 1983 agenda). Mr. Wasserman stated that the applicant had requested the item be continued to June 1. 1983. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to continue the item to June 1, 1983. The motion carried unanimously 5 -0. B. APPEAL OF PLANNING CUMMISSIUN Ut(;1S1UN tUK atNLKAL PLAN MtNMLM1 no -UaA - KANOKVECHAYANT. A request to amen tFe-General Pan Land Use Plan from medium residential 4 -14 dwelling units /acre) to medium -high residential (14 -24 dwelling units /acre) on approximately 15.5 acres of land located at the northeast corner of Base Line Road and Rochester Avenue - APN 227- 091 -45. (Item continued from the April 6, 1983 city council meeting). Mr. Wasserman stated that the applicant, Dr. K, had sent a letter requesting a 30 -day continuance. • Mayor Mikels opened the meeting for public hearing. Addressing Council was: Tom Davis, architect for the project, stated he had only been on the project about two weeks and had not had the time to put together a proposal for consideration. There being no further public response, Mayor Mikels closed the public hearing. Motion: Moved by Buquet, seconded by Dahl to continue item to June 1, 1983. Motion carried unanimously 5 -0. 12362)= RANCHO CLNit.R. A cnange or zone Trom n -u lmu ILIP ie rami iy residential to R- /PO (multiple family ^esidentialfplan.^.ed development) a ^a the development of 88 units arranged as four - plexes on 6.4 acres located south of Base Line, on the west side of Hellman - APN 208- 011 -02 and 04. City Clerk Wasserman read the title of Ordinance No. 202. ORDINANCE NO. 202 (second reading) AN ORDINANCE OF THE CITY COUNCIL REZONING ASSESSOR'S PARCEL NUMBERS 208- 011 -02 AND 04, FURTHER DESCRIBED AS PARCEL 3 OF PARCEL MAP 6395 LOCATED SOUTH OF BASE LINE, ON THE WEST SIDE OF HELLMAN AVENUE FROM R -3 TO R -3 /PD FOR City Council -Agaida -6- May 4, 1983 TENTATIVE TRACT 12362. • Motion: Moved by Dahl, seconded by Buquet to waive full reading of Ordinance No. 202. Motion carried unanimously 5 -0. ' Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed.' Motion: Moved by Schlosser, seconded by Dahl to approve Ordinance No. 202. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: Frost ABSENT: None Mr. Frost stated that he felt this was compromising with what they expected for a planned development. D. GRANTING OF EASEMENTS ACROSS 8TH STREET. It is required that easements be gran te across 8th Street for railroad spur purposes in connection with Parcel Map 7555. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 83 -53. • RESOLUTION NO. 83 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, GRANTING TWO EASEMENTS ACROSS 8TH STREET FOR RAILROAD SPUR PURPOSES. Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 83 -53 and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None E. SENIOR HOUSING OVERLAY DISTRICT: GENERAL DEVELOPMENT AGREEMENT. Draft General evelopment Agreement to be used in conjunction with senior citizen housing project developed under the provisions of the Senior Housing Overlay District. RESOLUTION NO. 83 -54 • City Council AgMAda -7- May 4, 1983 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A GENERAL DEVELOPMENT AGREEMENT TO BE USED IN CONJUNCTION WITH SENIOR CITIZEN HOUSING PROJECTS DEVELOPED UNDER THE PROVISIONS OF THE SENIOR HOUSING OVERLAY DISTRICT. Mr. Wasserman requested that the item be continued to June 1, 1983. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Schlosser, seconded by Dahl to continue the item to June 1, 1983. Motion carried unanimously 5 -0. None submitted. 5. NON - ADVERTISED ORDINANCES FOR CONSIDERATION 6. CITY MANAGER'S STAFF REPORTS A. PURCHASE OF SURPLUS PROPERTY FROM THE CHINO BASIN MUNICIPAL DISTRICT. Request that the CommunityServices Director a authorized to open escrow proceedings for the purchase Gf surplus property from Chino Basin Municipal • Water District for the purpose of construction of an addition to the Rancho Cucamonga Neighborhood Center. The Neighborhood Center addition is a two -year project, funded under the Housing and Urban Development Department's Community Development Block Grant Program. It will provide added community meeting and recreation facilities with particular emphasis given to senior citizen activities. Staff report by Bill Holley, Community Services Director. Mr. Holley reported that Chino Basin Municipal Water District accepted the City's offer of $65,700 for the .7 of an acre of land south of the Neighborhood Center. It is requested that authorization be granted to distribute Request for Proposals for the design of the Rancho Cucamonga Neighborhood Center. Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Buquet to authorize staff to open escrow on the subject property and to prepare and distribute RFP's to architectural firms for design. Motion carried unanimously 5 -0, B. SUPPORT OF BENEFIT ASSESSMENT PROGRAM. A resolution supporting placement of a lood contro bene it assessment on the November ballot. Staff report by Lloyd Hubbs, City Engineer. 19 City Council- - Agri= -8- Mayor Mikels opened the meeting for public input public portion of the meeting was closed. May 4, 1983 There being none, the • Deputy City Clerk Authelet read the title of Resolution No. 83 -55. RESOLUTION 90. 83 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE PASSAGE OF A FLOOD CONTROL BENEFIT ASSESSMENT MEASURE ON THE NOVEMBER BALLOT. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 83 -55 and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None Mayor Mikels called a recess at 8:40 p.m. The meeting reconvened at 8:55 p.m. with all members of the Council and staff present. «a.ex C. INDUSTRIAL SPECIFIC PLAN CIRCULATION REVIEW. On March 16 the city council re Form Yhis item to the p annrng Commission for study. Results of their study of the north /south access road east of Haven Avenue between Fourth and Sixth Streets is now before the City Council for consideration. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels opened the meeting for public input. Addressing Council were Bruce Strickland, representing the Vanguard Company, handed out a study which a traffic engineer had completed. He was the owner of a parcel 320 feet wide and 315 feet long along Haven and Utica. Street "A" created a problem for them and urged Council to give consideration for the elimination of that Street. Rus Bluett, 2035 Redding Way, representing the Church of Latter Day Saints, recanmended that Council consider the deletion of Street "A ". He felt it would encourage piecemeal development. They also felt it was a heavy burden to have such a large portion of land for the street coming from their property. There being no further public input, Mayor Mikels closed the public portion of the meeting. J City Council Agenda- -9- May 4, 1983 • Motion: loved by Dahl, seconded by Buquet to move the conceptual Street "A" to a conceptual location to the west and as close as possible to Haven into a configuration like a frontage road and to refer this to the Planning Commission for a Specific Plan Amendment. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: Frost ABSENT: None Mr. Frost felt we should stay with the present plan, but make it know we are open for suggestions and change when a development comes in. E. DRAFT FOOTHILL COMMUNITY PLAN. Tommy Stephens and Chuck Coe, of the County planning stafft off, reviewer status of the foothill Area Community Plan and answered questions by the City Council. F. PROPOSED CITY /COUNTY POLICY PACKAGE. Item requested by Mayor Mikels. Mr. Wasserman requeste tTe--j�t—em-5—e—tabTe7 since only one other City has adopted this Plan. They are concerned about the issue relating to annexations. Motion; Moved by Schlosser, seconded by Frost to table the item. Motion carried unanimously 5 -0. • 7. CITY ATTORNEY'S REPORTS No items submitted. 8. COUNCIL BUSINESS Mr. Wasserman stated that one item had been left off the Consent Calendar in error. It was the setting of a public hearing for May 18, 1983 - Environmental Assessment and Zoning ordinance Amendment 83 -03. An amendment to the residential use standards to allow for second dwelling units on single family zoned residential lots. Council concurred with the setting of the public hearing for May 18, 1983. Mr. Buquet stated that he would like to have the Sheriff's contract studied carefully before it is renewed. Mr. Dahl suggested that a Subcommittee be formed to work on this. Motion: Moved by Dahl, seconded by Frost to appoint Mr. Buquet and Mr. Schlosser to work on the Subcommittee to study the Sheriff's contract and to report back at budget time. Motion, carried unanimously 5 -0. 2 City Council -Aga wia. -10- May 4, 1983 Mr. Schlosser stated he would be out of town until the evening of May 13th. • 9. ADJOURNMENT Motion: Moved by Buquet, seconded by Schlosser to adjourn to May 17th at 7:00 p.m. for the Etiwanda Specific Plan hearing. Motion carried unanimously 5- 0. The meeting adjourned at 10:55 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk • • May 18, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, May 18, 1983. The meeting was called to order at 7:34 p.m. by Mayor Jon D. Mikels. Present were councilmembers: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. • 2. ANNOUNCEMENTS a. Presentation of Proclamation for Spring Clean Sweep Week, May 14 -21. b. Presentation of Spring Clean Sweep Poster Contest Place Winners. Judges of the 250 posters and presenters of the awards were: Mrs. Buquet, Mrs. Dahl, and Mrs. Frost. Winners of the Senior Division: First Place, Laura Jaeger - $50.00; second Place, Victer Perry - $30.00; third Place, Eric @J Harris - $10.00. Junior Division: First place, Starr Shaw - $50.00; second place, Kimberly Bowman - $30.00; third place, Kenny Schaedle - $10.00. c. Thursday, May 19, 7:00 p.m. - PARK ADVISORY COMMITTEE - Lions Park Community Center, 9161 Base Line Road. d. Thursday, May 26, 7:00 p.m. - ADVISORY COMMISSION - Lions Park Community Center, 9161 Base Line Road, e. Mr. Buquet presented a report that the Cities of Ontario, Fontana, and Montclair have been dropped from the Committee working on Measure "W ". 3. CONSENT CALENDAR Mr. Wasserman requested item "h" be removed from the Consent Calendar to be brought back at a later time. Mr. Frost requested item "q" be removed for discussion. • Mayor Mikels requested item "f" be removed for discussion. a. Approval of Warrants, Register No. 83 -05 -18 and Payroll ending 5 -01 -83 in the amount of $353,010.54. b. Approval of Assessment District 82 -1 Warrants for April 1983 in the amount of $235,506.63. c. Approval of Assessment District 82 -2 Warrants for April 1983 in the amount of $15,237.50. d. Forward Claim against the City by Hughes Development Corporation to the City Attorney and Carl Warren Co, for handling. e. Request approval of Assessment District 82 -1 Contract Change Order No. 4 relating to the deletion of curb and gutter and a catch basin near Station 76 +75.13, Sixth Street, f. Request approval of Assessment D45tR46t 92 -1 6entKast ShaRge BR9eR No, 7 nelatiRg to the neeessaR,y neloRation of a 6'-' waters main and a 12-' waters maiAT both beleA94A9 to the 6ity of NRtar4a, loeated iA Nillihen AveROeT ReRth of Feenth Sweet, (Item removed for discussion). g. Request approval of Assessment District 82 -1 Contract Change order No. 8 • relating to a deviation in storm drain pipe alignment for the storm drain A 0 west of the west end of Trademark Street connecting to the Deer Creek Channel. h. Approval of Feimbursement agreement with Lewis Hewes and Robert and Karen Packer for the fair share portion of Hellman Avenue and Feethill Boulevard FeeenstFUetien and widening ppe3eet, RESOLUTION NO, 83 -56 A RESOLUTION OF THE CITY OOWN916 OF THE CITY OF RANCHO CWGAMONGAr CALIFORNIA; APPROVING REIMBWRSEMENT AGREEMENT FOR STREET AND DRAINAGE IMPROVEMENTS AT FOOTHILL BOULEVARD AND HE66MAN AVENWE, (Item removed for discussion). i. Acceptance of Improvement Agreement and Security for Parcel 7 of Parcel Map 5760 submitted by O'Donnel, Brigham & Partners located at the northeast corner of 6th Street and Milliken Avenue. RESOLUTION NO. 83 -57 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL 7 OF PARCEL MAP 5760. j. Acceptance of Agreement, Security, and Final Map for Tract 12090 submitted by USA Properties Fund, Ltd. located at the northeast corner of Archibald Avenue and Feron Boulevard. RESOLUTION NO. 83 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP 12090, k. Acceptance of Improvement Agreement and Improvement Security for Director Review 80 -04 submitted by George Robins and Berry Construction, Inc. located on Hyssop Street, south of 7th Street. RESOLUTION NO. 83 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 80 -04. 1. Acceptance of Improvement Agreement and Security for CUP 82 -24 submitted by McIntyre Partners located at the southeast corner of Haven Avenue and 3 Arrow Route. RESOLUTION NO. 83 -60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 82 -24. m. Acceptance of Final Maps for Tract Nos. 12021 and 12022 for Marlborough Development located east of Archibald Avenue, south of Church Street and west of Ramona Avenue. RESOLUTION NO. 83 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NUMBERS 12021 AND 12022. n. Approval of Change Order to design contract for Hellman Avenue restoration project to increase design scope of work and budget to include plans for widening west side of Hellman Avenue from Church Street to Southern • Pacific tracks. o. Approval of Contract Revision for changes in work scope for the Beryl - Hellman Storm Drain design to include additional foundation investigations and revised topography required to reflect recent storm erosion. Contract with Bill Mann & Associates. p. Authorization to advertise for bids on construction of a traffic signal at Archibald Avenue and Fourth Street. A federal aid project with 100% funding of the estimated $92,000. Authorization is contingent upon receipt of authorization from Cal Trans. q. Request authorization to establish a Risaster Repair Aeeewnt under the Systems Development Rwnd. In order to fund necessary disaster work, an acsewnt with su € €icient funding must be established. (Item removed for discussion . r. Request authorization for the Engineering Division to seek bids for the annual contracts for Parkway Landscape and Irrigation; City -wide Street Tree Maintenance; and Street Sweeping. s. Approval of Parcel Map 5795, bonds, and agreement - Granger, located on the south side of Wilson at Mayberry Avenue. RESOLUTION NO. 83 -62 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 5705, I I MPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY. t. Approval to destroy certain records in the City Clerk's Office. RESOLUTION NO. 83 -63 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. u. Adoption of Resolution authorizing purchase of CBMWD property for Rancho Cucamonga Neighborhood expansion project. Item approved at the May 4, 1983 city council meeting. RESOLUTION NO. 83 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF SALINA STREET AND MALVERN AVENUE IN RANCHO CUCAMONGA V. Set Public Hearing date of June 15, 1983 for annexation No. 13 to Landscape Maintenance District No. 1 for Tract No. 11734. RESOLUTION NO. 83 -65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 13 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (TRACT 11734). RESOLUTION NO. 83 -66 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, All ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 13 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. w. Set Public Hearing date of June 15, 1983 for Annual Assessments few' Landscape Maintenance District No. 1. RESOLUTION NO. 83 -67 r 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLUTION NO. 83 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 1983 -84; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1982; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Motion: Moved by Dahl, seconded by Frost to approve the balance of the Consent Calendar (minus items "f ", "h ", and "q ". Motion carried unanimously 5 -0. Discussion of Item "q ": Mr. Frost suggested that we change the source of • funding from the Systems Development to SB -325 (gas tax) fund. Motion: Moved by Frost, seconded by Schlosser to approve the establishment of a Disaster Repair Account under SB -325 fund. Motion carried unanimously 5 -0. Discussion of Item "f ": Mayor Mikels asked to what extent does the City of Ontario have mains within the City of Rancho Cucamonga? Mr. Hobbs responded that they have a well site about 600 to 800 feet from 4th Street off Milliken. There is a mian line from that well running down to service their city. Motion: Moved by Mikels, seconded by Dahl to approve Item "f" - Approval of Assessment District 82 -1 Contract Change Order No. 7. Motion carried unanimously 5 -0. Mr. Wasserman requested an addition to the Agenda - Staff Report Item 6C - Consideration of Request relating to the Christmas House. Also, the Council needed to adjourn the meeting to an Executive Session. 4. PUBLIC HEARINGS . A. VACATION OF A PORTION OF 7TH STREET. Located on the south side of 7th 0 Street, east side of Center Avenue. Item originally set for public hearing on 'larch 16. Request that the Vacation be continued to June 15, 1983. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. .Motion: Moved by Buquet, seconded by Dahl to continue item to June 15. Motion carried unanimously 5 -0. B. ENVIRONMENTAL ASSESSMENT AND ZONING ORDINANCE AMENDMENT 83 -03. An amendment to the residential use standards to a ow for second dwelling units on single family zoned residential lots. Approval is recommended and the issuance of a Negative Declaration. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. • City Clerk Wasserman read the title of Ordinance No. 204 ORDINANCE NO. 204 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 61.024 .A(b) OF THE RANCHO CUCA40NGA INTERIM ZONING ORDINANCE TO ALLOW FOR SECOND DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES. Motion: Moved by Dahl, seconded by Schlosser to waive full reading of Ordinance No. 204. Motion carried unanimously 5 -0. Mayor Mikels set June 1 for second reading. C. EMERGENCY EXPENDITURES 1D MEEI NAIIUNAL NttUS \rtutnAL aUMJ DILL PROJECTSlnfn o— rr�fOr•tFe ity to receive un ing under mmunty Oevuluo ment Block Grant /Jobs Bill, the Federal Department of Housing and Community Development requires that the City publish, distribute, and hold a public hearing on its intended projects. Mayor Mikels opened the meeting for public hearing. Addressing Council was: George Belzter, 7275 Hellman Avenue, stated he would welcome any improvements on Hellman, but he would like to see something done at the source at Beryl where it joins Hellman. If not now, then he would propose IS that we continue working to correct the problem at the source. There being no further public respone, the public hearing was closed I 0 City Clerk Wasserman read the title of Resolution No. 83 -69. RESOLUTION NO. 83 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PROGRAM FUNDING FOR THE RECONSTRUCTION OF HELLMAN AVENUE WITH FUNDS RESERVED UNDER PUBLIC LAW 98 -8 (EMERGENCY JOBS APPROPRIATIONS BILL) TO BE ADMINISTERED UNDER THE PROVISIONS OF THE REGULATIONS GOVERNING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 83 -69 and to waive full reading. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None 5. RON- ADVERTISED ORDINANCES FOR CONSIDERATION • None submitted. 6. CITY MANAGER'S STAFF REPORTS A. KEEPING OF ANIMALS IN EQUESTRIAN /RURAL AREAS. The establishment of a City Council policy that subdivision CC R's sha not prohibit the keeping of animals in the equestrian /rural areas. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public input. Addressing Council: Dick Summerhas, Appalossa Street, was concenred that people would make the area like a farm yard. Mr. Gomez stated we had other policies regulating the number of animals which can be kept on a property. There being no further public input, the public portion of the meeting was closed. After some discussion, Council made the following changes: 1. To eliminate the words, bovine, cleft hooves, and poultry from the • Resolution; and v 2. to strike the 6th Whereas clause. City Clerk Wasserman read the title of Resolution No. 83 -70. RESOLUTION NO. 83 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A POLICY FOR THE KEEPING OF ANIMALS WITHIN EQUESTRIAN /RURAL AREAS OF THE CITY. Motion: Moved by Dahl, seconded by Buquet to approve Resolution No. 83 -70 as amended and to waive full reading. Motion carried by following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None B. RECOMMEND APPROVAL FOR PROPOSED JOINT USE OF ARROW PARK BY CITY AND CENTRAL SCHOOL DISTRICT. It is recommended that the City Council approve a • proposed relocation of a north -south street to serve both the City park and the new elementary school. It is further recommended that the funds for the construction of the street required for park access be financed from park development fees. Staff report by Paul Rougeau, Associate Civil Engineer. Mayor Mikels opened the meeting for public input. Addressing Council: Larry Dutton, Central School District. There being no further comments, the public portion of the meeting was closed. Motion: Moved by Frost, seconded by Dahl to authorize the Mayor to sign the Memorandum of Understanding and approve the relocation of the street, with costs not to exceed $30,000. Motion carried unanimously 5 -0. Mayor Mikels called a recess at 8:30 p.m. The meeting reconvened at 8:45 p.m. with all members of Council present. C. CONSIDERATION OF APPOINTING A REPRESENTATIVE TO THE SAEDCOM COUNTY -WIDE LOCAL DEVELOPMENT COMPANY. staff report by Lauren �dasserman. Is Council directed staff to obtain further information regarding the organization and to come back on June 15th meeting. 0 D. PROPOSED COUNTY SOLID WASTE REFUSE RATE ADJUSTMENT. Staff report by Robert Rizzo, Administrative Analyst. Mayor Mikels opened the meeting for public input. Addressing Council were: Ed Burr, Rancho Disposal Joe Avakian, Yukon Disposal There being no further comments, Mayor Mikels closed the public portion of the meeting. Council directed staff to submit a report after the Solid Waste Council's meeting on May 27th. If they proceed with the concept, then a letter should be drafted over the Mayor's signature to the Board of Supervisors for consideration by the Council at the June 1st meeting expressing that any action be delayed until all the costs, revenues, and policy decisions related to the operation of an "enterprise" system for the land fill sites be determined. In particular, consideration of the economic value of the sale of the present land fill site, and to express concern over the 145% rate increase • -- and that all rate increases should be considered only once a year. 6E. Added item - Christmas House. Mr. Wasserman reported that a letter had been received from Janice Toews and Jay Ilsley proposing a plan to use the Christmas House as a Bed and Breakfast Inn. The applicants were requesting Council's views on such a venture. After some discussion, the Council expressed the following: Mikels - stated he has always supported efforts to restore the historical sites in the City. Dahl - No Buquet - Expressed concern about such a project since we have not had input from the neighbors, and they have expressed concern to him about commerical uses on that site. Schlosser - No Frost - would be receptive for potential uses that would provide for improvement of the facility in keeping with its historical site. Mr. Wasserman stated he would draft a letter to the applicants expressing these views. • 1b 0 None submitted. 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSINESS A. CONSIDERATION OF APPOINTMENT TO FILL A VACANCY TO THE PARKS ADVISORY COMMITTEE FROM THE 91739 AREA. Mayor Mikels stated that three applications had been received from the 91739 zip code area: Patricia H. Gearhart Leslie Raenell Riggs Gary L. Stevens Mayor Mikels recommended that Council consider Leslie Riggs to fill the vacancy. • Motion: Moved by Frost, seconded by Buquet to approve the Mayor's recommendation of Leslie Riggs to fill the vacancy on the Parks Advisory Committee. Motion carried unanimously 5 -0. Added Item; Mr. Buquet requested that Council consider starting a Student Government Day. Mayor Mikels directed Mr. Wasserman to contact the schools and start the process toward this. 9. ADJOURNMENT Motion: Moved by Dahl, seconded by Schlosser to adjourn to Monday, May 23, 6:15 p.m. for public hearing on Ordinance No. 200 -A, extending moratorium on adult businesses. Motion carried unanimously. The meeting adjourned at 9;22 P.m. Respectfully submitted, Beverly Authelet Deputy City Clerk \` CJ May 23, 1983 • CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting 1. CALL TO ORDER A special meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Monday, May 23, 1983. The meeting was called to order at 6:24 p.m. by Mayor Jon D. Mikels. Present were Council members: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, and Mayor Jon 0. Mikels. Also present were: City Manager, Lauren M. Wasserman; and City Attorney, Robert Dougherty. Absent: Councilman James C. Frost, who was at League meeting in Sacramento. • 2. PUBLIC HEARINGS A. CONSIDERATION OF EXTENDING MORATORIUM ON ORDINANCE NO. 200 - THE ADULT TUSINESS ORDINANCE. Ordinance No. was approved as an urgency measure on ApriT6 -76` period of 45 days. The ordinance expired on Friday, May 20, 1963. Under consideration is an ordinance to extend the moratorium on adult businesses for an additional period of ten months and fifteen days. This must be approved by a four - fifths vote of the Council. Robert Dougherty, City Attorney presented the staff report. City Clerk Wasserman read the title of Ordinance No. 200 -A. ORDINANCE NO. 200 -A (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF. Motion: Moved by Buquet, seconded by Schlosser to waive full reading. Motion carried unanimously 4 -0 -1 (Frost absent). Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed, • Motion: Moved by Buquet, seconded by Schlosser to approve Ordinance No. 200- C% 0 A. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: None ABSENT: Frost 3. ADJOURNMENT Motion: Moved by Dahl, seconded by Schlosser to adjourn. Motion carried unanimously 4 -0 -1 (Frost absent). Meeting adjourned at 6:28 p.m. Respectfully submitted, Lauren M. Wasserman City Clerk • 19 ®rl 0 7. CITY ATTORNEY'S REPORTS None submitted. R. COUNCIL BUSINESS A. CONSIDERATION OF APPOINTMENT TO FILL A VACANCY TO THE PARKS ADVISORY COMMITTEE FROM THE 9 739 AREA. Mayor Mikels stated that three applications had been received from the 91739 zip code area: Patricia H. Gearhart Leslie Raenell Riggs Gary L. Stevens Mayor Mikels recommended that Council consider Leslie Riggs to fill the vacancy. • Motion: Moved by Frost, seconded by Buquet to approve the Mayor's recommendation of Leslie Riggs to fill the vacancy on the Parks Advisory Committee. Motion carried unanimously 5 -0. Added Item: Mr. Buquet requested that Council consider starting a Student Government Day. Mayor Mikels directed Mr. Wasserman to contact the schools and start the process toward this. 9. ADJOURNMENT Motion: Moved by Dahl, seconded by Schlosser to adjourn to Monday, May 23, 6:15 p.m. for public hearing on Ordinance No. 200 -A, extending moratorium on adult businesses. Motion carried unanimously. The meeting adjourned at 9:22 p.m. Respectfully submitted, Beverly Authelet \\ Deputy City Clerk 2 • May 23, 1983 CITY OF RANCHO CUCAMONGA u CITY COUNCIL MINUTES .Special Meeting 1. CALL TO ORDER A special meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Monday, May 23, 1983. The meeting was called to order at 6:24 p.m. by Mayor Jon D. Mikels. Present were Council members: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; and City Attorney, Robert Dougherty. Absent: Councilman James C. Frost, who was at League meeting in Sacramento. 2. PUBLIC HEARINGS A. CONSIDERATION OF EXTENDING MORATORIUM ON ORDINANCE NO. 200 - on Apri 6 for a period of 45 days. The ordinance expired on Friday, May 20, 1983. Under consideration is an ordinance to extend the moratorium on adult businesses for an additional period of ten months and fifteen days. This must be approved by a four- fifths vote of the Council. Robert Dougherty, City Attorney presented the staff report. City Clerk Wasserman read the title of Ordinance No. 200 -A. ORDINANCE NO. 200 -A (urgency) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING THE URGENCY THEREOF. Motion: Moved by Buquet, seconded by Schlosser to waive full reading. Motion carried unanimously 4 -0 -1 (Frost absent). Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to approve Ordinance No. 200- C, A. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels NOES: None ABSENT: Frost 3. ADJOURNMENT Motion: Moved by Dahl, seconded by Schlosser to adjourn. Motion carried unanimously 4 -0 -1 (Frost absent), Meeting adjourned at 6:28 p.m. Respectfully submitted, Lauren M. Wasserman City Clerk 0 • • C r 8861 CITY CF RANCHC E11CAWONGA WARR Y VFN I V E N D 0 R N A M E 13391 19352 193x3 19394 19395 18391 7 19 19 I39 IR319 401 18 1940 19402 2 1401 189404 19405 I40 IN407 19409 I4n9 18N410 18411 18412 19413 19414 19415 19416 19417 18418 18419 13420 19427 1842) te4r, I4 18R4225 5 19426 42 IR 9428 0 18429 I43 I431 19RR432 18433 18434 18435 18416 19433 19439 18439 18440 19441 18441 19443 19444 18445 18446 38447 19449 18450 18451 Ifl452 18453 18454 18455 18456 5112 5145 5'75 5150 6140 f19' 1.95 66 e' 66r? 6f C4 6613 6M115 0617 6619 ef19 6640 6145 6727 6.930 f P51 6565 69P0 71CI 7115 7160 7115 7210 75x9 7646 7665 7195 7710 77c4 7]55 Ff.S 8077 F115 P2 ^0 8435 8455 8535 8550 0560 0578 f595 8591 NC1C PA 1 8615 5 8630 8645 8726 8725 880.5 9660 S195 9t95 5507 5507 96.5 S 5687 9687 9688 96fl9 vclo to 1132a 90 9.113.03 198, 2, 67.078.93 14.41 9.155.19 129.00 14.46 16.210.00 169.37 113.95 15.00 150.00 45.00 84.75 70.00 30.00 19.00 19.00 9.50 9.50 FINAL TOTALS 599.399.98 WARRANT RECONCILIATION 6/15/83 PAGE 2 WARR JI111RNGl 01SCOl1w NET DATE RFFERFN CE 15/83 291.00 15/33 2.040.00 15/83 119. 18 15/93 62.01 15/83 2.653.12 15193 21.47 15/93 147.00 15/83 17.016.00 to 1132a 90 9.113.03 198, 2, 67.078.93 14.41 9.155.19 129.00 14.46 16.210.00 169.37 113.95 15.00 150.00 45.00 84.75 70.00 30.00 19.00 19.00 9.50 9.50 FINAL TOTALS 599.399.98 A167 CITY RANCIV3 CUCAMONGA WAR0. A V V E N 0 0 R N A M E 7 WARRANT RECONCIL ON W ARR JJDURN GATE RVEREN 6/15/83 DISCOUNT NET 150.00 330.00 285.31 20.]5 25.00 T'.00 12.00 1.056.12 5.546.42 4.121.39 15.44 9.852.60 26.00 1.851.]5 1.]98.65 51.00 2.]33.00 1.416.44 113.531.56 615.00 9.548.41 45.00 4.]23.50 12.438.22 1.000.00 - 350.T5— 6/15/83 1.180.00 6/15/83 43.21 6/IS/83 2.141.64 6/15/83 652.00 6/15/83 61.48 6/15/83 - 257.3D 6/15/93 895.95 6115/83 200.00 6115/63 15.02 6/15/53 1.000.CC 6115/63 1530 6/15/83 111.81 6115183 200.00 6/15183 175.00 6115183 200.00 6/15183 783.07 6/15/83 11.10 6115/83 23a.29 6/15/B3 1.664.09 J PAO I I ' I' I I V I I • I I• I I 1 I � r I .I 1 J U� I • r• I � I I r I J I IM I I O i otC � tt%'A5 CLAIM FOR WAMAGE OR INJURY Claims for death , injury to person, or to personal property must be filed not laterr th 100 days after the occurrence (Gov. Code, Sec. 911.2). Claims for damages to real property must be filed not later than I year after the occurrence (Gov. Code, Sec. 911.2). 3i /'g e Address to which Claimant wishes notices sent. ''U WHEN did damage or injury occur? WHERE did damage or injury occur? 9-4vs- HOPJ and under what circumstances did damage or injury occur? WHAT particular action by the City, or its employees, caused the alleged damage or injury? (Include names of employees, if known) WHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it may be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed: (Attach estimates or bills, if possible) $ Total Amount Claimed: $ NAMET',�ji Ofd &VJ0fl > UVAM0N" Dortors and Hospitals: ADMINISTR)MON �- MU 2719gi -- -- - - Sn7f 47n Sir;�a'um 0 • 19 l TTI) 11 T A TTITTTl / TT/ A IV/ XT/ A STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of County Surplus Property GVI. n�vIU1 G� C9 Fi /f� U :J 197,7 San Bernadino County has offered to transfer title to the City of pieces of surplus property located between Eighth Street and the Santa Fe Railroad running from Grove Avenue to Baker Avenue. The property is a 4.31 acre narrow strip approximately 68 feet deep. With removal of added street rights -of -way, the parcel is not developable. It is, however, useful for storage purposes and is currently used by the City for temporary storage of street sweeper dumpings. The property being located in close proximity to the current City Yard is of benefit to the City and Staff would recommend acceptance of the land. RECOMMENDATION It is recommended that Council adopt the attached resolution indicating its willingness to accept at no cost to the City, surplus County lands located on the north side of Eighth Street between Baker and Grove Avenues. Resp ctfully submitted, jBJa/a Attachment JI DEPARTMENT OF TRANSPORTATION AND FLOOD CONTROL • I COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY ast Third Street • San Bema,dina, CA 92415 • (714) 3833771 JOHN R. SHONE .•�. Deputy Aemin,straty for Public Works a. L.INGRAM D�ralpr Mey 24, 1983 n , City of Rancho Cucamonga P.O. Box 807 File 4: 1.200/2.03 Rancho Cucamonga, CA 91730 Re: FCD ZONE 1, WEST CUCAMONGA Attention: Lloyd B. Hobbs SYSTEM @ PARCEL 68 AND City Engineer COUNTY PARCEL Gentlemen: Enclosed is a copy of County Assessor's plat map Showing a strip of land from Baker Street to Grove Avenue, between 8th Street and the railroad, in the City. Our review shows that this strip is excess to the needs of this Department. This strip may be useful for the City's storm drain or roadway needs and this letter is, therefore, to offer this property to the City. If review shows that the City is interested in this strip, please let us know and we will arrange for transfer of the property. Please call Pete Mercado at telephone (714) 383 -2788 if you have any questions or desire additional information. AJG:AP @1; es Enclosure as noted cc: Field Operations B. Thomas A. Mercado Very truly yours, B. L. INGRAM Flood Control FASineer By OLI- Anthony J. Gray Chief Design Engineer zoo 25 r Fs 4" r <- i �; :Por Gucamongo Fruij.La ds Code cuaaCode Area ! ;., �i _✓ s _ -SY .,• �� ! `.+� 18 419 i �J z w, R A c 7 4 132 G r:�iii u - - / - -- Assessors WP - I, w Beck er Page , a r _.I -Sm, Bernardino C ounry - ,.. `• - ,_ P0r Tro6f No. -9 M.B. 131160 65- - caFomong9 -� "Jr j � _ - - .207, ' Toa Code Area. _r- .. 6706 . 'J - .. - 14�FEE 4 S(RFET._ -Il' 69 - I '2 - B "19 -20 .. 21 2 _ 1( 23 . 2Y 25 /a6 - I -1 IFj2I�2e xl IVyo�l C 13 I 3z 6e �g [ O X96It 95I`4Y 1 IY3 ?lit O l4O x:39 Ike -039 ICJ3J -q36 1J35 I39 33 `c a 671 ti a . -. . . 3a4 ♦ 6hr O - fJ2}I �_ a , -_ __. —_. _._ _�_ -. STREET. — - 6 6 T i9 . ieA9 aJ30 L 5 I! J2 I 1133'C.�SY C�53U36 _ 9 0158 1i 39 C- 6o ( 361x1 f_'62 \.63 1 xsstsstD ox ae� - for n �� - i z,areoY :e -z -- i5[6 ne.zre er roe -oU �9 tl - - . ` Geper, Co, 30 `.EIGHTH ___— __— �__— __________— ___ —__. STREET -�— a 1 r--------- �aJJ l .. r' '- r _ Assessor's Map - r Par $ W.I /4, Sea Book 207, Poge 54 _ - vol Curmoxya r.uit tanaz Me.ai9 T. I$., R 7 '- Son Bernardino County I _ RESOLUTION NO. * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ASSESSOR'S PARCEL 10. 'S 207 - 251 -012 AND 207- 541 -060 FROM SAN BERNARDINO COUNTY AND THE FLOOD CONTROL DISTRICT AS SURPLUS PROPERTY WHEREAS, San Bernardino County and the Flood Control District has offered to convey to the City at no cost surplus property located between Eighth Street and the Santa Fe Railroad running from Grove Avenue to Baker Avenue: and WHEREAS, the City can utilize said property for roadway, drainage and maintenance storage purpose. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga hereby requests and accepts Assessors Parcel No.'s 207 - 251 -012 and 207 -541 -060 from San Bernardino County Flood Control District as surplus property. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ARSE "i T: Jon 0. Mikels, Mayor ATTEST: Lauren M. 'Wasserman, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ASSESSOR'S PARCEL NO.'S 207 -025 -012 AND 207 -54 -060 FROM SAN BERNARDINO COUNTY AND THE FLOOD CONTROL DISTRICT AS SURPLUS PROPERTY WHEREAS, San Bernardino County and the Flood Control District has offered to convey to the City at no cost surplus property located between Eighth Street and the Santa Fe Railroad running from Grove Avenue to Baker Avenue; and WHEREAS, the City can utilize said property for roadway, drainage and maintenance storage purpose. NN, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga hereby requests and accepts Assessors Parcel No.'s 207- 025 -012 and 207 -54 -060 from San Bernardino County Flood Control District as surplus property. PASSED, APPROVED, and ADOPTED this 15th day of June, 1963. AYES: • NOES: ABSENT: ATTEST: Lauren 'm. Wasserman, City Clerk I Jon D. Mikels, Mayor • • r,,, , nV V t VOUO CTratitnvna —r111_ STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave Leonard, Maintenance Superintendent SUBJECT: Annual Maintenance Contracts w'- As authorized by Council, bids were received on June 3, 1983, for street sweeping, parkway maintenance and tree trimming. All contracts were advertised in the contractor's Green Sheet, the City's legal newspaper and Notice inviting Bids were mailed to known local responsible contractors. A summary of bids received for the tree contracts is attached for your review. Four bids were submitted for street sweeping with R. F. Dixon the low bidder. The bid represents a 14% reduction over last years contract. Two bids were submitted for parkway maintenance with SCLM, Co., Inc. the low bidder. The bid represents a 12% reduction over last years contract. Finally, one bid was received for tree trimming. Homer's Tree Surgery, the City's current contractor, submitted a bid with a 10% increase over last year. in the past three years, two contractors have been utilized for tree trimming. Both have demonstrated poor traffic control which is extremely important with this type of contract. The increase in Homer's contract represents a need to address this function with the tree trimming contract. RECOMMENDATION: It is recommended that Council award the Annual Maintenance Contracts to the following contractors: fiTY'n'IDE STREET SWEEPING: R. F. Dickson Co., Downey, California CITY'd IDE PARKWAY & IRRIGATION MAINTENANCE: SCL11, Co., Inc., La Verne, CA CITY'41DE STREET TREE SERVICE: Homer's Tree Surgery, Upland, CA Respectfully submittgd, LLOYp , . HUBB CITfL ENGINEER CITYWIDE STREET SWEEPING: Per Cycle Cost Hourly Rate Curb Mile Rate BID SUMMARY ANNUAL MAINTENANCE CONTRACTS Dixon Inland $2250.00 $2275.00 48.00 45.00 13.50 11.00 CITYWIDE PARKWAY 6 IRRIGATION MAINTENANCE Yearly Cost Unit Cost CITYWIDE STREET TREE TRIMMING Group Charges Hourly Rate After 2 Hour Minimum SCLM,Inc. Dave Bromage $84105.32 $94824.63 .0102 .138 Homer's Tree Surgery $3022.30 30.00 25.00 10 WW Mobile Hovey $2587.06 $5400.00 51.00 54.00 12.82 18.00 • 0 • I rimv nVPevcr -in lllir AMnSGA `fAil- STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Joe Stofa, Jr., Assistant Civil Engineer 1011 .. -- " 9 SUBJECT: Acceptance of Final Maps for Tract Nos. 12023,12024 and 12025 - Marlborough Development located east of Archibald Avenue, south of Church Street and west of Ramona Avenue The subject map located east of Archibald Avenue, south of Church Street and west of Ramona Avenue is submitted by Marlborough Development. The tentative map, Tract 11663, was approved by the Planning Commission on October 14, 1981 consisting of 393 townhouses. The development of Tract 12023 consists of 33 townhouses, Tract 12024 consists of 34 townhouses and Tract 12025 consists of 40 townhouses as part of the 393 townhouses previously approved. The improvement agreement and securities have previously been approved with Tract 11663 and Tract 12019 to guarantee installation of all off -site improvements for the entire development. Letters of approval have been received from Chaffey Joint Union High School District, Central School District and Cucamonga County Water District. The CC &ds have previously been approved by the City .Attorney on the overall Tract 11663. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the signature of said final maps. Respectfully submi ted, LBH:J':jaa Attachment RESOLUTION NO. * °7[ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUU MONCA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO'S 12023. 12024 AND 12025 'rJHEREAS, the Tentative Map of Tract No's. 12023, 12024 and 12025, consisting o; lots, submitted by Marlborough Development, Subdivider, located east of Archibald Avenue, south of Church Street and west of Ramona Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; ,no WHEREAS, all the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NO'd, 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 on behalf of said City. • PASSED, APPROVED, and ADOPTED this * day of *, 19 *. AYES: NOES: ABSENT: ATTEST: Lauren M. hasserman, City Clark Jon D. MRels eelayor JICHUFC.0 I Saco. - PRCJECTr �4 A s^tEET Q 9 •• ] C� STPF -CF2D N o7 F' sae = - a VICINITY MAP NOT T`) E,`t•4CT 5r .LE lllb; CITYOF RANCHO (,LC..A,AION(,; L 7TO 24, 8 LNGINEFRING DIVISION - VICINITY ,,NI. \P irn•, —" j � 1 pagi 0 • 42 1111 nV D A VOWn rI�O s AMVC'_A STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Approval of Tract 11460 \Ifs y Z o„ Attached for Council consideration is a resolution for the approval of the final map of Tract Map No. 11460. This map will create condiminium units out of the Sunscape I Apartments, located on the north side of 19th Street, east of Carnelian Avenue, owned by Lewis Development Company. The map has been reviewed for compliance with the State Map Act and local ordinance regulations. The mathematical accuracy of the map has also been accepted through plan check reviews. RECOMMENDATION: It is recommended that Council approve the attached resolution approving the final map of Tract No. 11460 authorizing Mayor and City Clerk to sign on behalf of the City. Respectfully submitted, LB JM:jaa Attachment � y f LOT 6 4 rti CEO LOT LOT 3 LOT LOT CITY OF RANCI 10 CUCAMONCA IMISION VICINITY' NIAII • RESOLUTION NO. * ;;3- e ;q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, AND FINAL MAP OF TRACT NO. 11460 WHEREAS, the Tentative Map of Tract No. 11460, consisting of 6 lots, submitted by Lewis Development Company, Subdivider, located on the north side of 19th Street (Route 30) 650 feet east of Carnelian Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, and submits for approval said Final Map. NO'.J, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is • authorized to attest thereto. 2. That the Final Map be and the same is approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren .4. Wasserman, City'Trc(, 10 ,Jon D. Mike s, Mayor Ih • • STAFF REPORT DATE: June 15, 19'33 TO: Members of the City Council and City Manager FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner c�r � S III. SUBJECT: TRACT 11460 LElJIS Approval of Agreement for Condominium Conversion 1977 SUMMARY: on February 25, 1981, the Planning Commission approved Tentative Tract Map 11460 for the purpose of conversion of 172 existing apartments into condominiums, commonly known as Sunscape I. Pursuant to Ordinance 119, Condominium Conversions, the Commission conditioned the tentative map to require certain improvements or items to be completed prior to recordation of the final map (see Resolution 81 -14). In order to expedite the sale of Lot 6 of this tract to Caltrans, Lewis Homes is requesting approval of a this agreement to ensure compliance with the tentative tract conditions. The City Attorney and staff recommend approval of the attached agreement. ANALYSIS: The proposed agreement would be recorded with the final map and remain as an encumberance on the property to ensure compliance with approval conditions (remaining to be completed) prior to conveyance of title to any condominium dwelling unit. The major provision of the agreement deals with conversion conditions regarding the CC &R's and physical improvements to the property and /or units. A letter of credit will be posted as security for the completion of the work, per the attached letter. The total proposed bond amount is 523,500. This will cover the cost for Condition 6A, sound attenuation, 65, structural pest inspection certificates, and condition 3, new landscape treatment along 19th Street and the construction of a tot lot. RECOMMENDATION: It is recommended approve the attached agreement. I Respectful ly'fsubmi tted, GitylPlanner RG:DC:jr Attachments: Tract Map 11460 Letter from Lewis Homes Agreement i that the City Council review and LEGAL DESCRIPTION OF PROPOSED TRi:CT NO. 11460 That portion of Lot 6, Block 15 of Cucamonga ifemestead Association Lands, in the City Of Rancho Cucamonga, Countv of San Bernardino, State of California, as nor map recorded in Book 6, page 46 of mans, in the office of the County Recorder of said County, described as follows: Beci.n.ninc at the Southwest corner of Lot 4 of Tract NO. 11461, in said City, as ner man recorded in Book 155, pages 95 and 96 of };aps, in the office of said County Recorder, said corner also being on the Northerly line of Nineteenth Street (formerly Olive Avenue), as shown on said ;dap of Tract No. 11461; thence North 0° 36' 17" west along the west line of said Lot 4, 630.72 feet; thence South 840 25' 25" West 722.72 feet to the Nest line of the parcel of land shown on the Man of the Record of Survey, as per man filed in Book 32, page 16 o- Records of Survey, in said office of the County Recorder; thence South V 36' 17" East 565.31 feet along said west line of said Record of Survey, to the Northerly line of Nineteenth Street, as described in the easement to the City of Rancho Cucamonga as recorded in Book 9070, page 1082 of Official Records in said office of the County Recorder; thence North 89° 36' 58" East 720.01 feet along said Northerly line to the point of beginning. 5/12/73 Andrrlsor. cnor. Co. Tract 11460 L,Cw;s C-I • C, J n • LEWIS HOMES !!66 vcnh Mountain Avenue , PO e x 670 Udldnd. G 91796 114 MC 0971 February 14, 1983 Mr. Rick Gomez City Planner City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Re: Interim Proposal For Satisfying Map Conditions (Tract 11460) Dear Rick: As a follow -up to our conversation of the 10th, I have enclosed a document entitled "Development Agreement" which we would propose to execute and record in exchange for City approval and recordation of the final map for the subject tract. The Agreement would remain as an encumbrance on the • property as an interim measure to ensure the City that approval conditions for the map will be met, and would be released by the City (by quit -claim or other appropriate release) only when the imposed conditions have been fully complied with. You will note that the Agreement is drafted so as to prohibit the planned condominium conversion from proceeding until we have fully complied with your requirements. The reason vie would like the map recorded is that we are negotiating to sell Lot 6 of the tract to Cal- Trans, and it obviously simplifies the transaction, and preserves the work already done on the tract definition, if a metes and bounds description can be avoided. I would be pleased to discuss this further with you or with any of the staff to try to accomplish the objective. Best regards, r eJ Jerry Walsh s sociate rounsel J JPW:drh Attachment cc: Gerald T. Bryan i l ) /. G RE::'JRDIIIG REQUESTED BY • AND RECORDED RETURN TO: LEI;IS HWES Post Office Box 670 UPLAr@, CA 91736 -0670 AT T E'I T 10!1: LEGAL DEPARTMENT A G R E E R E '1 T THIS AGREE!!EUT is entered into this 7th day of June 1983, by and between LEWIS DEVELOPMENT CO., a general partnership, hereinafter referred to as "Developer ", and the City of Rancho ucanonga, a municipal corporation, hereinafter referred to as the "Cit with respect to duel opment of certain property known as: Lots 1 through 5, inclusive, of Tentative Resolutioo 14 0 81- approved the 25th day of February, 1981, per "Resolution ") by the Planning connission of t'ne City of Rancho Cucamonga, California, 'hereof re by fully this described in hereibnafter �referredattached to r as the mP "Property". WHE'EAS, Developer desires to convert the apartment conplex situated on the Property to a condominium, and has received approval to do so from the City subject to certain terns and conditions contained in the Resolution; and ;MEREAS, Developer desires to record the nap for Tract 11460 prior to the tine that all of the above- mentioned terns and conditions have been fully satisfied; and WHERC,1s, Developer desires to provide assurances to the City that all said terns and conditions of the Resolution shall be complied with prior to such condominiun conversion taking place, CN, THEREFORE, for consideration sufficient unto the parties, it is agreed as follows: ARTICLE I c011'IERSIOI! COIIDITIO'IS Developer shall not convey title to any condominium dwelling unit on the Property until the following conditions are complied with: q. A copy of the Covenants, Conditions, and Restrictions (CC7,R's) and Articles of Incorporation of the ligieowners Association, subject to approval by the City Attorney, which approval shall not be unreason- • ably withheld, shall be recorded in the official records of San Bernardino County, and a copy provided to the City; 1)� Agreernent Page 2 • S. The CC &R's shall restrict the storage of recreational vehicles on the Property unless they are the principal source of transportation for the owner; C. Tne CC&R's shall include appropriate reciprocal access agreenents for all lots of the property., D. The CCFR's shall require that all parkways, open areas, and landscap- ing of the Property shall be fully maintained by the Homeowners Association. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris; and E. Unless waived by the City, a Notice of Intention to form a Landscape and Lighting District shall be filed with the City Council, and costs involved in the formation of said District shall be borne by Developer. ARTICLE I1 PHYSICAL IMPROVENEHTS Developer shall not convey title to any condominium dwelling unit on the Property until the following have been completed: A. A structural pest control report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. B. Sound insulation in the form of resilient floor covering material shall be added to kitchens and bathrooms in upstairs dwelling units where such application is necessary to meet State Noise Insulation Standards. C. The following physical improvements shall be installed on the property pursuant to Exhibit "B" (Landscape Screening) to that Staff Report dated February 28, 1931, and submitted to the [!embers of the City Planning Commission, and as further delineated in that Working Drawing entitled "Landscape Enhancement Plan ", Dwg. Nos. L1 and 1_2 dated April 21, 1991, applicable to the subject property. 1. Additional landscaping and irrigation shall be installed along 19th Street frontaga, in substantial compliance with llorking Drawing to the satisfaction of the City Planner. 2. In addition to the new landscaping treatment of 19th Street frontage, no less than twenty -four (24) additional trees shall he planted throughout the site. Of these, no less than half shall be of specimen size, defined as no less than 24" box trees. Precise location, type, and size of such trees is indicated on the Working Drawing, ;Mich drawing is subject to approval by the City Planner, or his designee. ® 3. dppropriate play areas or tot lots shall be provided as indicated 3 on the Working Drawing. Agree�ient Page 3 ARTICLE III • CERTIFICATE OF COMPLETION Pronptly after corpliance with the conditions of Articles I and II of this Agreenent, the City shall furnish Developer with a Certificate(s) of Compliance in a form suitable for recording for the entire Property or a lot or lots thereof upon written request by Developer. Such Certificate of Compliance shall be, and shall so state, conclusive determination of satisfaction of the covenants and conditions required by this Agreenent, and of full compliance with the terms hereof. After issuance of such Certificate of Compliance, any party then owning or thereafter purchasing, leasing, or otherwise acquiring any interest in that part of the Property for which a Certificate of Compliance has been issued shall not (because of such ownership, purchase, lease, or acquisition), incur any further obligation or liability under this Agreement, and shall be thereafter released from any covenants, conditions, or restrictions herein contained. ARTICLE IV ADDITIONAL AGREEMENTS OF DEVELOPER A. Developer shall provide written certification to the buyer of each condoiainiun unit on the initial sale after conversion that any dish- washers, garbage disposals, stoves, refrigerators, hot water tanks, and air- conditioners that are provided are in working condition as of the close of escrow. At such time as the Homeowners' Association takes over management of the development, the Developer shall provide • written certification to the Association that any pool and pool equip- ment and any appliances and mechanical equipient to be owned in common by the Association is in working condition. D. Any signs proposed for this development shall be designed in confor- mance with the City's Comprehensive Sign Ordinance and shall require review and approval by the Planning Division prior to installation of such signs. C. All buildings numbers and individual units shall be identified in a clear and concise manner, including proper it lurination. D. Each tenant of the development has been, or will be, given written notice within ten (10) days of City's approval of a final nap. E. Each tenant of the development has been, or will be, given one hundred eighty (180) days' written Notice of intention to Convert prior to ten.iination of the tenancy. F. Each tenant has been, or will be, given a right of first refusal to purchase his unit, on the same terns as a public purchaser. This right shall run for not less than ninety (90) days fron the date the unit is first offered for sale, unless tenant gives prior written notice of his intention not to exercise the right, and shall be effec- tive only as to those tenants resident in the development at the tine • such offer for sale is made. �' a Agreement Page 4 • G. Each tenant and each person applying for the rental of a unit has, or will have, received all notices and rights required by law. H. Each tenant has, or will have, received ten (10) days' written notice that an application for a public report will be, or has been, sub - nitted to the Department of Real Estate. 1. Transportation for non - ambulatory renters, not to exceed seventy -five (75) trip miles per affected dwelling unit, shall be provided to enable such renters to view reasonable replacement housing. ARTICLE V MISCELLANEOUS A. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties. B. Any approval of plans or execution of documents by the City required according to this Agreement, including the issuance of the Certificate of Compliance, shall be in writing and nay be signed by the City Planning Director, his designee, or any agent or employee of the City authorized to issue a certificate of compliance. C. In any action or proceeding arising out of this Agreement, the pre- vailing party shall be entitled to reasonable attorneys' fees and expenses. D. Tine is of the essence in the performance of this Agreement. E. If, for any reason, any provision hereof shall be unenforceable, the renaining provisions shall be carried out and given full effect. F. Any notice to be given under this Agreement shall be in writing and shall be given by personal service or by registered or certified nail, postage prepaid, to the addresses shown below, as may be changed from tine to time by notice given pursuant to this paragraph. This Agreement is entered into as of the date first above written. "DEVELOPER" "CITY" LEAS OEVELOPNENT CO., CITY OF RANCHO CUCAMONGA, a genrr.al partnership a GIunicipal Corporation By: i'�,� By: 'Its Authorized Agent - Its Address: 11.`16 North Mountain Avenue post Office Box 670 Upland, CA 91786 -0670 947/i 060683 Address: 9320 Base Line Road Post Office Box 807 Rancho Cucamonga, CA 91730 • • I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician Fib SUBJECT: Acceptance of Bonds and Agreement for D.R. 82 -25 submitted by C & C Construction for the Stop N Go Market located at 6760 Carnelian Street C & C Construction has submitted bonds and an agreement to guarantee the construction of street improvements for the Stop N Go Market in connection with D.R. 82 -25 approved by the Development Review Committee on January 11, 1983. These street improvements include curb, gutter, drive approach, sidewalk, street light and the removal of the existing curb and sidewalk. RECOMMENDATION It is recommended that Council Improvement Agreement and Bonds sign same. Respectfully subm'tted, LB :,9K:jaa Attachment adopt the attached resolution accepting said and authorizing the Mayor and City Clerk to Ih z Ij CITY OF iinxcl to cc :cnMx)NC,� title; IiNGI \hliRl \G DIVISION I ` arne t G VICINITY iWl' ivn "� page • CITY DF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR D.R. 82 -25 KNO'd ALL NEN 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- 6 C ed to as the City, by and between said City and C Construction hereinafter referred to as the Developer - THAT, WHEREAS, said Developer desires to develop certain real property in said City located at west side of Carnelian Street, south of 19th 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 Attar, y, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval. NOW, THEREFORE, it is hereby agreed by and between the City and the Developer as follows! 1. The Developer hereby agrees to construct at developer's expense all improvements described an page 4 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 appre vi rig this agreement. This agreement shall be in default an the day follow- ing the first anniversary date of said approval unless an ee[en- 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 statement than 30 days prior to the default date, and including n of circumstances of necessity for addit;p nal time. In considera- the tion of such request, the City reserves the right to review provisions hereof, including construction standards, cost 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 can, 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 fro ^i.he office of the City Engineer prior to start of any work within the public rin_ht -of -way, aed the developer shall conduct such work in full compliance with the regulations contained lharnic. Non - compliance may result in stopping of the work by the City, and assessment of the penalties provided. 6. pnbl is right -of -way improvement work required shall be constructed in conformance with approved improvement plans, Standard Spec ificatipnS, and Standard Or awings and any special amendments thereto. Construction shall intrude any transition, and /or other incidental work deemed necessary for drainage or I 0 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. 8, 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 rack 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: • FAITHFUL PERFORMANCE Type: Bond Principal Amount: $5,000.00 Name and address of surety: Covenant kutcal lnsarz.nce Comoany vart`ord, Connecticut MATERIAL AND LABOR Type: Bond Principal Amount: 52,500.00 Name and address of surety: Ca .mart vutual Insurance Company Htrtfor ^. Con r ecti ut CASH DEPOSIT MONOMENTATISN Type: Principal Amount: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledge with all formalities required by law on the dates sa forth opposite their signatures. Date 5�9' �� by 'Imi Developer inngna ure f Rn Atc� �i'n me • Date by gnature , Developer Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: City Lien Approved: i oo' cy ttorney DEVELOPER'S SIGNATURES MUST BE NOTARIZED 7 • lA� CITY OF RANCHO CUCAMONGA • CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For Improvement Of; Carnelian Street Date: 5119/83 deputed y: B. Krall File Re 'erenci �e:- a —City Owg. No. none ava: a6 e NOTE: Does eat include current fee for writing pemit or pavement deposits. CONSTRUCTION COST ESTIMATE ITEM LAN Uim IT UNIT COST s AMOUNT P.C.C. Curb - 12" C.F. P.C.C. Curb - B" C.F. P.C.C. Curb only 6" C.F. 120 L.F. 6,00 720.00 A.C. Berm ($200 min.) 4" P.C,C, Sidewalk 461 S.F. 1.75 842.00 6" Drive Approach 8- P.C.C, Cross Gutter 560 S.F. 2.10 1,176.60 Street Excavation Imported Embankment Preparation of Subgrade 1800 S.F. 0.15 270.00 Crushed Aggregate Base (Per in. thick) A,C. (over 1300 tons) P.C. (900 to 1300 tons) P.C. (under 500 to 900 tons) A.C. (under 500 tons) Patch A.C. (trench) I" thick A.C. Overlay _ Adjust sewer manhole to grade Adjust sewer clean out to grade Adjust water valves to grade Street Lights 1 L.S. 1000.00 1,000.00 - Street Signs Street Trees Parkway Landscape and Irrigation Removal of P.C.C, curb 120 L.F. 1.50 180.00 -. Removal of P.C.C. sidewalk 481 S.F. 0.35 160.00 CONSTRUCTION COST S 4,356.00 CONTINGENCY COSTS 644.00 TOTAL CONSTRUCTION 5,000.00 FAITHFUL PERFORMANCE SURETY (100%) 5 M.00 LABOR AND MATERIAL SECURITY (50x) 2,500.00 ENGINEERING INSPECTION FEE W.aa •RESTORATION /UELINEATION CASK DEPOSIT 50460 (REFUNDABLE) MONUMENTATION SURETY (CASH) -- - *Pursuant to City of Rancho Cucanenga Municipal Code, Title 1, Chapter 1,08, adopting San Bernardino County Code Titles, Chapters 1 -5, a cash restoration /delineation deposit shall be made Prior to issuance of an Engineering Construction Permit. -4. • dY• • RESOLUTION NO. * 71'' - ; r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 82 -25 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 15, 1983, by C & C Construction as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at 6760 Carnelian Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Director Review No. 82 -25; 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 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk- 49 Y '7., Jon 0. Mi e s, Mayor I 0 • il — CITY OF RANCHO CUCAMONGA ��cnnroy STAFF REPORT DATE: June 15, 1983 ~` > - B7 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Acceptance of Agreement and Security for Tract 9369 (11173) submitted by M. J. Brock & Sons, Inc., located at the southeast corner of Archibald Avenue and 19th Street The subject tract located at the southeast corner of Archibald Avenue and 19th Street is submitted by M. J. Brock & Sons, Inc. The improvement agreement and security have been submitted by M. J. Brock & Sons, Inc., to guarantee installation of the storm drain improvements along Archibald Avenue in the following amounts: Faithful Performance Bond: $225,000.00 Labor and Material Bond: $112,500.00 RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizinn the acceptance of improvement agreement and security. Respectfully submitted, LBH :' :jaa Attachment 'er 71 Ja • CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR F5CH19 %d� STORH SPAN ST%•T IJ4 :13 50 __ STAT IOM 24 .77.60 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision ,Nap Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, A municipal corporation, by and bebneen said City, hereinafter referred to as the City, and M_ JyBRO[R S SO -N S, INS - hereinafter referred�to as the Cevel oiler. Tracts and Comm /Ind. P.M. / fc WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tras}sS36g_ _,___— _i and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located at VICTORIA G ARCHIBALD NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 here- of within twelve months from the effective date hereof. • 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed, 3, The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of eirceistances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 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 met by any lawful means, and thereupon recover from the Developer and /or his surety the full cost and expense incurred. 5, The Developer shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. The Developer shall be responsible for replacement, relocation , or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. t_ Tracts and Comm /Ind. P.M. / fc n L-A 7. improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated o page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construc. tion of any transitions or other incidental work beyond 'the tract boundaries as needed for safety and proper surface drainage. Errors or omm issions discovered during constructin shall be corrected upon the direction of the City Engineer, Rev lseit 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. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; at regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section s.._.l be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -cf way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the • Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements in said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condi Lion existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 6 to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. 12, Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed mai ote.nance period, or for one year after planting, whichever is later. 13. the Developer is responsible for meeting all condi- tions established by the City pursuant to the Subdivision • "37 0 Map Act, City Ordiances, and this agreement for the development, and for the maintenance 0 all improvements constructed thereunder until the improvement is accepted for maintenance by the City; and no improvement security provided hare inwiin shall be released before such acceptance unless otherwise provided and authorized by the City Counc II of the City. 14. This agreement shall not term in eta until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the city by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement' and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A 9 • C C I To secure faithful performance of this agreement. 1.. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government rode Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. To secure laborers and materialmen: I. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3, A deposit with City of money or negotiable bonds of the kind approved for securing A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the rash bond shall be as shown on the Cc"truction and flood Estimate contained herein. Said cash deposit may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement, 16. The Developer warrants that the improvements described in this agreement shall be free from defects in materials and wnrAnanship. Any and all portions of the improve- ments found to be defective within one ( I) year following the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (10%) of the construction _3. 0 estimate or S200.00, whichever is greater, to secure the faithful performance of Developer's obi gations as described in this para- graph. The maintenance guarantee security shall also secure the f a it h fu l performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been• accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Nap Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall Iist the City as additanal insured and directly protect the City, 1t5 officers, agents and employees, as welt as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: Contractor's liability insurance providing bodily injury or death liability limits of not less tha • $300,000 for each person and 51,000,000 for each accident or occurrence, and property damage liabil- ity limits of not less than $100,000 for each acci- dent or occurrence with an aggregate limit of 5250,000 for claims which may arise from the opera- tions of the Developer in the performance of the work herein provided. Automobile liability insurance covering all vehicles used in the performance of this agreement providing bodily injury liability limits of not less than 5200,000 for each person and Sao D,000 for each accident or occurrence, antl property damage liability limits of not less than 550,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the opera- tions of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. AS evidence Of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: -a- • L—L7 - 0 FAITHFUL PERFORMANCE Type: Principal Amount: 5225,000,DD Name and address of surety: INSURANCE COMPANY OF ':ORTH AMERICA, 6767 Forest Lawn Drive, Los Angeles, [A 90068 MATERIAL AND LABOR PAYMENT Type; Principal Amount: 5112,500.00 Name and address of surety: INSL'RA4CE COMPANY OF NORTH AMERICA, 6767 Forest Lawn Drive, Los Angeles, CA 90068 CASH DEPOSIT MONUMENTATION Type: N/A Principal Amount: Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: $12,500.00 Name and address of surety' INSURANCE COMPANY OF NORTH AMERICA, 6767 Forest Lae,, Drive, Los APgeles, [A 90068 TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY Date _.. by _.... __.Developer SSTnTture lntetl - - -- Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest - - - --_- —_- -- -City Clerk Approved: DCVFLOPIR'S SIGNATURE MUST BE NOTARI /ED APPROVED AS TO FORM -B- alt _ n n _ uwaau ur � oulwnu IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their _ • Signatures. �) M. J. BURR K 6 SONS, INC., a Delaware C..Opo ration /./ /�-i� Date _April 27,_1993 by �� (i /C� Developer A EXECUTIVE VICE PRESIDENT J/ CR R. HAR ER, nEXECUT P�InLeE Date _.. by _.... __.Developer SSTnTture lntetl - - -- Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest - - - --_- —_- -- -City Clerk Approved: DCVFLOPIR'S SIGNATURE MUST BE NOTARI /ED APPROVED AS TO FORM -B- alt _ n n _ uwaau ur � oulwnu CITY OF RANCHO CUCf MONGA • CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For Improvement of: AR.HIeALD STORM DRAIN Date: ConV��teJ by; File Reece: City Owg. No. _ NOTE: Ones not include current fee for writing permit or Pavement deposits. CONSTRUCTION COST ESTIMATE ITEM OUANII$Y UNIT UNIT COST S AF10'JV L.F. P.C.C. Curb - 12" C.F. P.L.C. Curb - 8" C.F. P.C.C. Curb only 6" C.F. R.C. Berm ($200 min.) 4" P.C.C. Sidewalk 6" Drive Approach e" P,C.C. Cross Gutter Street Excavation Imported Embankment Preparation of Subgrade Crushed Aggregate Base (per in, thick) A.C. (over 1300 tons) A.C. (900 to 1300 tons) A.C. (under 500 to 900 tons) A.C. (under 500 tons) Patch A.C. (trench) 1" thick A.C. Overlay • Adjust sewer manhole to grade Adjust sewer clean out to grade Adjust water valves to grade Street Lights Street Signs Street Trees CONSTRUCTION COST _ $200.000,00 CONTINGENCY COSTS $ 25,000.00 TOTAL CONSTRUCTION $225.000.00 FAITHFUL PERFORMANCE SURETY (100 %) $225.000.00 LABOR AND MATERIAL SECURITY (50 %) __$112,500.00 ENGINFERING INSPECTION FEE NOWMENTATION SURETY (CASII) u RESOLUTION NO. * �� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SECURITY FOR R TRACT MAP IMPROVEMENT NO. 9369 (11 NT 173� AND WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on April 28, 1983 by M. J. Brock & Sons, Inc. as developer, for the improvement of storm drains generally located on the west side of Archibald Avenue, south of 19th Street; and WHEREAS, the installation of the storm drain improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract No. 9369; 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 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk �T Jon D. id ike s, Mayor 1. e ..k/S607 U 7-1 rimy nc n n TirUn CT Tr a eenntr n STAFF REPORT F• DATE: June 15, 1983 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Acceptance of Agreement and Security for Tract No. 11144 submitted by TAC Builders located on the west side of Vineyard and north of Arrow The subject tract located on the west side of Vineyard and north of Arrow is submitted by TAC Builders. The improvement agreement and security have been submitted by TAC Builders to guarantee the installation of off -site improvements in the following amounts: Faithful Performance Bond: $33,500,00 Labor and Material Bond: $16,750,00 Monumentation Bond: $ 4,300.00 Letters of approval have been received from Chaffey Joint Union High School District, Cucamonga County Water District and Central School District. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of improvement agreement and security and sign the Final Mao. Respectfully su6mitte LBH: .Jaa / Attachment 33 _j 7 7 all TENTATIVE TRACT MAP No. 11144 IklI-, I I I �flj ----------- RESOLUTION NO. * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11144 WHEREAS, the Tentative Map of Tract No. 11144, consisting of 63 lots, submitted by TAC Builders, Subdivider, located on the west side of Vineyard Avenue, north of Arrow Route has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983- AYES: NOES: ABSENT: ATTEST: Jon D. Mikels, Mayor • E IV — CITY OF RANCHO CUCAMONGA cn.tit�t, STAFF REPORT zr\ F II DATE: June 15, 1983 —_ > ie-- TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: by TACa Builders located on he Security side west Tract Vineyard 11144 and submitted north of Arrow The subject tract located on the west side of Vineyard and north of Arrow is submitted by TAC Builders. The improvement agreement and security have been submitted by T & M Builders to guarantee the installation of off -site improvements in the following amounts: Faithful Performance Bond: $33,500.00 Labor and Material Bond: $16,750.00 Monumentation Bond: $ 4,300.00 Acceptance of the bonds and agreement prior to accepting the Final Map will enable the developer to build model home units only. Letters of approval have been received from Chaffey Joint Union High School District, Cucamonga County Water District and Central School District. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of improvement agreement and security. Respectfully submitted, 10 LBH[JM:jaa Attachment 41 K `�����Ii !III ��:,�� ; .�, �, .,�: � -- . IVA Td TENTATIVE I TRACT MAP NO- 11144 is IW May 24, 1983 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga P.O. Box #807 Rancho Cucamonga, Ca.,91730 Ref; Tentative Tract #11144 Dear Mr. Hubbs we are the developers of Tentative Tract #11144, consisting of • 16 buildings totaling 62 units on approx. 5.0 acres located on Vineyard Ave. south of Foothill Blvd. in the City of Rancho Cucamonga, Calif. We agree to have the tract included in the "Special Assessment District" for landscape and the "Special Assessment District" for lighting, as provided by the City of Rancho Cucamonga, Cal. Sincerely, Tac Develonment Corp. Mr. T. A. Christensen President 19 hm; ter. •733311ELL ?1.\X.\ \T•,. • R.\ X(')IO('l'('.1 ?1O \('. \,G \L1POli \1.191730 (714)989.1720. ' n ' FRANK L ESIN SKV CUCAMONGA COUNTY WATER DISTRICT b,.em.v. Gwew( .Vvvv vrr LLOYD W. MICHAEO EARLE R. ANDERSON VICTOR A. CHERBA K. JR., Pr.,iJ.e� ROBERT NEIJFELD BEVERLY E. BRADEN May 23, 1983 TAC Development 7333 Hellman Avenue Rancho Cucamonga, California 91730 Attention: Howard Mason Re: Availability of Water and Sewer Service for Tract No. 11144 Gentlemen: The above mentioned property can receive water service from this District, subject to pipeline extension policies, rules, regula- • tions and rate ordinances of this District. Adequate waterline and water storage capacity exists and will exist to serve the above referenced property at the time of occupancy. The sewer system capacity and the sewer treatment plant capacity will be sufficient to serve the above mentioned property at the time of occupancy. Yours truly, CUCAMONGA COUNTY WATER DISTRICT H. M. Olson District Engineer bf CC: City of Rancho Cucamonga S • g ar � ai !1 1 i��.1 rl ., �,, '�'(�,pj1j1j S �j 1' i✓i l: 1 r) � Y' �l/o „14 �si 11Mb IIN �',il 1�f (O1 May 23, 1983 TAC Devt. Corp. 7333 Hellman RC, CA 91730 Attn: Howard Masor • E Letter of Certification of School District Cana^_ity '94t: ^.in the Chaffev Joint Union Hiah School District and the Alta Loma High School attendance boundaries for the fcliowrng described project: Location /Description: TAC Development Corp. Tract No. 11144 Number of Dwellings: Vineyard So. of Foothill Blvd. 64 Townhouses Antic_pated Completion Date: Mar. 1984 The school district hereby certifies that the capacity for 10 students will he provided within 24 months of the c cmo ieu on of the above project. This certification is g..ven condition that the State of California continues to fund the provisions cf the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building protects under its currenc rules and regulations without priority ponni s. The cemmrtment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or...t.he issuance o:: huiidi. ^.c permits by the City of Rancho Cucamonga within that 90 -da-: poriod shall validate such commitment. ...,......,, ��.✓ti �C /ac/v�rw.aw Snper_^tenc± t Asst. Superinte n_d Sf^.= by Dianne Allen- (� \/],(`, /CJ11'((AJJ,`_— cc: Planning Division Cit: of Zancho Cucamonga �:-7 CENTS 11� �c��OOT DISTRICT 9457 Foothill Boul May 23, 19883 1. 01... M. Wi .rd, Cl.d �N�LD2E!1 hmJ. J. Wri9M, M.mba ALLOWED N.,... C. G.71h, Ed. D.. S...rinr.nd..r J.hn A. M.Cl.,. Aniara.r 5.;,.rin,..denr evard Rancho Cucamonga, California 91730 Tel. 714- 989 -8541 TAC DEVELOPMENT CORPORATION LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District Attendance boundaries for the following described project: Location /Description Tract No. 11144 West of Vineyard, north of 'Arrow Hiqhway, and south of Foothill Blvd. Number of Dwelling Units sixty -three (63) townhomes Anticipated Completion Date 12/31/84. Gentlemen: The Central School District hereby certifies that the capacity for 18.9 students will be provided within 24 months of the completion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of Leroy F. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocations Board may fund all school building projects under .its current rules and regulations without priority points. The comnitnent of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 day period shall validate such commitment. Sincerely, DISTRICT SUPERINTENDErlT CENiRAt SCHOOL CUCAMOIIGA JUNIOR HIGH SCIIOOI DONA M.ERLED SCHOOL 79S5 7611 Ildlmon Ave. 10333 P.le Alm sl. lei. 714.93/.2541 Tel. 714.947.17CS ? Tel, 714.9CO.IE00 • • • VALLE VISTA rCll JOE 7777 V.IL: Dd•rt Tel. 714 981 CW7 0 U CITY OF RANCHO CUCAMORGA IMPROVEMENT AGREEMENT FOR TRACT I114A KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and TAC OEV= LOPmEYT RPOILITIO[T CALU, CORP.I M1er Pin after referred o ds [ve eve oper. WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved subdivision known as Tract 11144 and WHEREAS, said City has established ce•tain requirements to be met by said Developer as prerequisite to approval of said subdivision generally located at wesle rly side of Vineyard Avenue northerly of Arrow Route NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developers expense all improvements described on Page b here- of within twelve months from the effective date hereof. 2. Ths agireement 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. J. The 0e veloPer may request an ex L n s i a a a time to complete the terms hereof. Such request shall be so", t ad to the City in writing not less than 70 days before the ex plr a t i an date hereof, and shall Contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to on, Rly with the provisions of this agreement, the City shall have the right at any time to cause said provisions to he met by any lawful me an s, and the reu Pon recover from the Be veloper and /or his surety the full cost and expense incurred. 5. The Developer shall provide metered water service to each lot of said development in accordance with the re qulatlons, schedules, and fees of the Cucamonga County Water District. 6. The Developer shall be responsible for replacement, relocation, or removal of any cnnponent of any irrigation water system in conflict with construction of required Improvements to the satisfaction of the City fnglneer and llie owner Of such water system. J i Tracts and Comm /Ind, P.M. J ,Q .. L ). Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file. in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by cumber. The Developer shall also be responsible for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or dmm issions discovered during constructin 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. 6. Construction permits shall be obtained by the Developer from'the office of the City Engineer prior to start of work; aII regulations listed thereon shall be observed, with attention gfvan to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments, failure to comply with this section shall be subject to the penalties provided therefor, 9. The Developer shall be responsible for removal of All loose rocks and other debris from public tights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in • completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements in said subidivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 6 , to he performed, each of said streets not accepted as improvements shall be under the charge of said Dnveloper. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. 12. Parkway trees re go red to be planted shall be planted by the Developer after Other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted in goad health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later, 17. The Developer is responsible for meeting all coldl- tinn5 eslabl,ihed by the City pursuant to the Subdlvislon -2- • �I� n u Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder, until the improvement is accepted for maintenance by the City, and no improvement security provided herei owith shall be relea sad before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security beret rafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. is. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materialmen; 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content • specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash hand shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the improvements descr ihed in this agreement shall be free from dofeCts to materials and workmanship. Any and all portions of the improve- ments found to be defective within one ( I ) year following the data on which the improvements are accepted by the City shall he repaired or replaced by Developer free of all ch urges to the City. The Developer shall furnish a maintenance guarantee security in a sum equal to ten percent (10 %) of the construction - 3- 40 I TI 0 estimate or S200.00, whichever is greater, to secure the faithful Performance of Developer's obligations as described in this para- graph. The maintenance Guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do Specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authori aed by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which nay arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death liability limits of not less tha • S300,ODO for each person and 51,000,000 for each accident or occurrence, and property damage liabil- ity limits of not less than S100,000 for each acci- dent or occurrence with an aggregate limit. of 5250,000 for claims which may arise from the opera- tions of the Developer ,n the performance of the work herein provided. a. Automobile liability insurance covering all vehicles used in the performance of this agreement providing bodily injury liability limits of not less than $200,000 for each person and 5300,000 for each accident or occurrence, and property damage I abi ti ty limits of net less than 550,000 for each accident or occurrence, with an aggregate of not less than 5100,000 which may arise from the opera- tions of the Developer or his Contractor ,n performing the work provided for herein. 18. That before the avacetion of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have race, ved notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has sub., it,,) the following dclo, bed improvement secure ty, and has off lied his signature hernia -a- • 0 i J FAITHFUL PERFORMANCE Type: Principal Amount: $33,500 Name and address of surety: MATERIAL AND LABOR PAYMENT Type: Principal Amount: $16,750 Name and address of surety: CASH DEPOSIT MONUMENTATION Type: Principal Amount: $4,300 Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: Name and address of surety: TO BE POSTED PRIOR To ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates Set forth Opposite their signatures. / TAC DE VF, LOpMHMT CORPORATION Date WaK z! ,Developer cur ^m fr T.r rr iA ". nsen, president ntee T c Dry OPME c�c p�nanTxory Date gra ure _ Developer a ure Linda L. Christensen, secretary Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: City Clerk Approved: DEVELOPER'S SIGNATURE MAST BL NOTARIICD -5- H. 7` CITY OF RANCHO CUCAMONGA • CONSTRUCTION ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For Improvement of: Tract 11144 u5 Comp[eJ by: Date: eIB nP3 T File rece city Own. No. NOTE: Does sat include current fee for writing permit or pavement deposits. CONSTRUCTION COST ESTIMATE ITEM 0 AN 1 Y UNIT UNIT COST S AMOUNT P.C.C. Curb - C.F. 352 L.F. 7.25 2,552 P.C.C. Curb - 8' C.F. P.L.C. Curb only 6- C.F. P.C. Berm (5200 min.) 520 L.F. 4.50 2,340 4- P.C.C. Sidewalk 1800 S.F. 1.7S 3,150 6` Drive Approach 8• P.C.C. Cross Gutter 1200 S.F. 3.40 4,000 Street Excavation Imported Embankment Preparation of Subgrade 11,112 S.F. O.1S 1,667 Crushed Aggregate ease (per41n. thick) 7,412 S.F. 0.08 593 P.L. (over 1300 tons) P.C. (900 to 1300 tons) P.L. (under SOO to 900 ton %) A.C. (under 500 tons) 176 TON 60.00 10,560 Patch A.C. (trench) I- thick A.C. Overlay Adjust sewer manhole to grade Adjust sewer clean out to grade Adjust water valves to grade Street Lights I EA. 1500.00 1,500 Street Signs I EA, 200.00 200 Street Striping L.S. L.S. 1,500 Parkway Landscape and Irrigation Barricades (lot, 'sec. $500 min) MIN. 500.00 500 Removal of A.G. Berm 1013 L.F. 1.00 1,013 Reflectors .. %,ts 4 EA. 35.00 140 Sawcut 1013 L,F. 0.50 507 CONSTRUCTION COST '10,302 CONTINGENCY COSTS 3 0, 30 TOTAL CONSTRUCTION 33,332 FAITHFUL PERFORMANCE SURETY (100%) 33 500 _ LABOR AND MATERIAL SECURITY (501) 16,750 ENGINEERING INSPECTION FEE 1,632 'RESTORATION /OELINEATION CASH DEPOSIT 1,000_ (REFUNDABLE) MONUMENTATION SURETY (CASH) 4,300 -Pursuant to City of Rancho Cucamonga Municipal C.odr:, Title 1, Chapter I.OR, adopting San Bernardino County Code Title,, Chapters 1 -5, a cash restoration /delineation deposit shall he made prior to issuance of an Engineering Construction Permit. -6- r.�1 • �;..� RESOLUTION NO. * • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11144 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 15, 1983, by T & M Builders as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Vineyard Avenue, north of Arrow Route; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Tract No. 11144; 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 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk F J Jon D. Mikels, Mayor )� 4 0 E 10 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15. 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer 10 C' ctsrpl^ F � 7 197 SUBJECT: Acceptance of Agreement and Security for Tract 11173 submitted by M. J. Brock & Sons, Inc., located at the southeast corner of Archibald Avenue and 19th Street The subject map located at the southeast corner of Archibald Avenue and 19th Street is submitted by M. J. Brock & Sons, Inc. The tentative map was approved by the Planning Commission November 10, 1961. The improvement agreement and security have been submitted by M. J. Brock & Sons, Inc., to guarantee installation of the off -site improvements in the following amounts: Faithful Performance Bond: $155,000.00 Labor and Material Bond: $ 77,500.00 Monumentation Bond: $ 1,500.00 Acceptance of the bonds and agreement prior to accepting the Final Map will enable the developer to build model home units only. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the acceptance of improvement agreement and security and the signature of said map. Respectfully submitted, LBH /JM: jaa Attachment a 4 • • J1, . ..... ---- -------- .. ....... .. I ni�il ;Ml log • CITY Of RANCHO CUC,AMONGA IMPROVEMENT AGREEMENT FOR Tract !1173 5 Tract 11173 -1 KRO,T ALL MEN BY THESE PRESEliTS: [hat this agreement is made and entered into, in cO,fA, -ante with the pro v, Slant of the Su hd ivisi on Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cud alone a, Ca l if arm ia, a municipal corporation, by and between said City, hereinafter referred to as the City, and y1 J. m,o c °.s SOWS — e oelawame corooration here toa`ta, referred tD as the Deve oper. WITNESSE7H: THAT, WHEREAS, said Developer desires to deVelaD Certain real property in said City as shown on the conditionally approved subdivision mown as TRncT i1 P3 d' ; and WHEREAS, sf,d City has established certain requi raments to be met by said Developer as prerequisite to approval of said Subdivision generally located at 19th and Archibald NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 here- of within twelve months from the effective date hereof. • 2. This agreement shall he effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3, The Developer may request an extension of time to complete the terns hereof. Such request shall be submitted to the Citv in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, And to requ,ro adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the Provisions of this agreement, the City shall have the right at any tine to cause said prov,;ions to be met by any lawful means, and thereupon recover from the Developer and/or his surety the full cost and expense incurred. 5, The Developer shall providnn n red water service to each lot of said develepTent in accprdanr.e w i t0 the regulations, sch edaIa , and fees of the Cucamonga C"Tity 'pater Distr let. 6. The Developer shall be r e S p o ns, b le for replacement, r e le r, It,nn, or removal of any component of any irrigation water systnm in conflict with con Strur,t,nn of ;wired improva',ents to the sat, sfact, on of the City Engineer and the nw mgr Of such water S y 510 To u w. - -_"_ Tracts and corm /Ind. P.M. /1 �-, n 7. Improvements redo i red to be constructed shall conform to the Standard Drawings and Standard Specifications Of the City, and to the Improvem en. Plan approved by and on file in the office of the City :all neer. Said improvements are tabulated on time Construction and Rand Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or Ommiseions discovered during constructin 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. a. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust., noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Work done within exi sti mg streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the • Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements in said subidivi Sion, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condl tion existent in said street or easement, and will protect the traveling public from such defective or dangerous canal tions. Until the completion of all improvements, herein incorporated on Page 6 to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the mend pions contained in a temporary street closure permit, Issued by the City Engineer, whenever it is necessary to protect the public during the r.onst ruction of the impr p v e m ents herein agreed to be made. 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible far maintaining all trees pl an taA 1 n goad health until the end of the guaranteed ma l o t e a an c par l0 d, or for One year after planting, whichever is later. 17. The Ed, IOpel is responsible far meeting all card i. tions 0StabI IShed by the City pu rsl:ant to the Subdivision 0 Map Act, City Drdiances, and this agreement for the development, and for the maintenance of all improvements Constructed thereunder until the i,prd bnent is accepted for maintenance by the City,- and no improvement se cu r1 t pr ovsd ed here inw ith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the i me movement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the fill)o'wing a...e shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement, 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Goverment Code Section 66499.1. 2. An Improvement Security Instrument in the farm and content specified by the City Attorney. 3. A deposit with the City of money or negatiabl= bonds of the kind approved for securing deposits of public monies. S. To secure laborers and materialmen: 1. A bond or bonds by one or mare duly authorized derpor ate sureties in the farm and content . specified by Geva r n ment the Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline mbnunents and for furnishing centerline tie notes to the City. The amount of the deposit nay be any amount certified by the engineer or surveyor as ac Ceptable payment in full; or, if no value is submitted, the trim bond shall be as shown on the Construction and Bond Estimate contained herein, C_J Said Cash deposit may be refunded as soon aS prpCe- dure p nai t; after re cei of by the City of the centerline tie notes and written assurance of Payment in full from the engineer or surveyor. D, the re IT b rod bonds and the principal amp unts thereof are set forth on page 6 of this agreement. 16 . The Developer warrants that the improvements dnscr b•,I in this agreement shall be free from defects in materials antl vnrkmansh,p. Any and all Dcrtions of the improve- ments fnuml to he defect ivn with,n one 11j year fill lowing the dit. an which the improvements are accepted by the City shall be repairrd or replaced by Developer free of all charges to the City. The Or, leper shall fu t n, vh a naintenance guar antra security in a sun eVuol t0 ten -errant (10:) Of the construction 3- fD n u estimate or 5200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this para- graph. The maintenance nuarantee security shall alto secure the faithful' - performance by [he Developer of any obligation of the Developer to d0 specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map pct and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and Amy contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations antler this agreement, whether such operations be by himself or by any contractor or subcontractor, a anyone directly or indirectly employed by said persons, even though such damages he not caused by the negligence of fM1e Developer or any contractor or subcontrac tar or anyone employed by said persons. The Public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers. agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death liability limits of not less tha • 5300,000 for each person and 51,000,000 for each accident or occurrence, and property damage liabil- ity limits of not less than 5100,000 for each acci- dent or occurrence with am aggregate limit of 5250,000 for claims which may arise from the opera- tions of the Developer in the performance of the work herein provided. B. Automobile liability insurance covering all vent c l es used io the performance of this agreement providing bodily injury Iiabt l t ty limits of not less than S200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than S50,000 for each accident or occurrence, with an aggregate of not 1055 than S100,000 which may arise from the Opera - tinns of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Oeveloper shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear am endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the expiration of thirty egi days after too City shall have re cQivr.d notification by rgtste•ed mail from the insurance carrier. As rvidence of amderstanding the provisions contained herein, and of int ^ot to coannly with same, the Subdivider has Submitted the follo'nng descn bpd impr ovnm en[ security, and has affixed his signature hereto: -u- • si 0 FAITHFUL PERFORMANCE Type: P.inci; al 6mount: Si55,1':LOO Name and address of surety: MATERIAL AND LABOR PAYMENT Type: Principal A10 u t: 577,5G2.00 rya. *e and address of surety: CASH DEPOSIT MONUMENTATION Type: Principal F,;.c:nt: fit S00 Nape and address of surety: MAINTENANCF GUARANTEE Type: Princ,pal Ambunt:'dii S,aab Name aid address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to he duly executed 'and acknowledced .,tin a!I formalities required by law on the dates at forth opposite their • Slynatures. H. J. BROCK 6 SONS, INC. — O a to by 'S,gnature A. O. Tus -, Seni nr Vic«'. Rresl Lo. nt -- -Pr, ntee - -- Date by Accepted: City of Rancho Cucamonga, California A Blun,cipal Corpnration LOS Png °ICs �. „une3.19B3 M-•rr ,. . ,i....ne �f,.�...... i_ Tusher Sen,pr Vice ,.,:.. �,�n . . M. J. Or pci 4 Sons. Inc. .........._ ,n.., JD d1''10T . li l EL l ,.... 'J l),a t Lr,ei V CITY OF RANCHO CUCAMONGA • CONSTRUCT104 ESTIMATE ENCROACHMENT PERMIT FEE SCHEDULE For SmPrpveaent of: rzct 1 3 & T,a ^.t 9359 Date: 5127/E3 CC71oted A.C. (900 to 1300 tons) 1,285 TON File Reference: City Owg. rlo. ¢ A.C. (under 500 to 900 tans) NOTE: Does not include current fee for writing permit or pavment deposits. CONSTRUCTION COST ESTIMATE Patch A.C. (trench) ]TIM DL'ti iT liY U3_IT UNIT COST S AMnC'IT P.C.C. Curb - 12" C.F. 3,900 S.F. 0.30 P.C.C. Curb - B" C,F. 2172 L.F. 6.00 13,055.00 P.C.C. Curb cnly 6" C.F. 250. Adjust sewer clean out to grade A.C. Berm (S200 min.) 513 L.F. 4.50 2,30',.50 4" P.C.C. Sidewalk II,COJ S.F. 1.75 19,250.0: 6" Drive Approach 150.00 Street Lights 12 8" P.C.C. Cross Gutter 2,040 S.F. 3.10 6,935.00 Street Excavation 4,90 C.Y. 1.50 71350.00 Imported Embankment 1.600 C.Y. I.EO 2,400.CO Preparation of Subgrade 71,500 S.F. 0.15 10,725.00 Crushed Aggregate Base (per in. thick; 54,X3 S.F. 45.00 4,336.00 A.L. (over 1300 tons) A.C. (900 to 1300 tons) 1,285 TON 35.00 44,975.00 A.C. (under 500 to 900 tans) A.C. (under 500 tons) Patch A.C. (trench) 1" thick A.C. Overlay 3,900 S.F. 0.30 1,170.0 Adjust sewer manhole to grade 1 EA. 250.30 250. Adjust sewer clean out to grade Adjust water valves to grade 2 EA. 75.CO 150.00 Street Lights 12 EA. 1509.00 18,000.00 Street Signs o EA. 200.30 1,200.00 Street Trees Parkway Landscape and Irrigation Barricades (Interset 5500 min. x 2) L.S. L.S. L.S. 1,000.00 2" x 4" Redwood Header 490 L.F. 1.75 852.00 Removal of A.C. Paveoent 160 S.F. 0.35 56.00 Reflectors & Posts 3 EA. 35.00 105.00 CONSTRUCTION COST 140,937.SC COAT I UE0 CONTINGENCY COSTS 14,094.00 SEE ATTACHED TOTAL CONSTRUCTION S155,031.EO FAITHFUL PERFORMANCE SURETY (100:) 51551000.00 LABOR AND MATERIAL SECURITY (50:) $77,500.00 ENGINEERING INSPECTION FEE % &'a z -6 PESTORATION/OELINEATION CASH DEPOSIT 2 000 ,00 (REFUIfOABLE) d —�- MONU'EIiTAT10N SURETY (CASH) bto .ate_ *Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1,08, adnptinq San Bernardino County Code Titl PS, Chapters 1 -5, A cash resturatmn/ dclinnatinn drpnsit shall fie made prior to issuance of an Engineering Construction Prmmi4. -6- L RESOLUTION NO. * % � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11173 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on June 15, 1983, by M. J. Brock & Sons, Inc. as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the southeast corner of Archibald Avenue and 19th Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Tract No. 11173; 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 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. 'Wasserman, City Clerk il ��r Jon D. Mi e s, Mayor • • CI n Tmv nc n ATTPUn OTTO e W)NTO A STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Jr., Assistant Civil Engineer F 1977 SUBJECT: Acceptance of Agreement, Security and Final Map of Tract 12184 submitted by Town & Country Development located on the east side of Beryl Street, south of Base Line Road The subject map located on the east side of Beryl Street, south of Base Line Road, is submitted by Town & Country Development. The tentative map was approved by the Planning Commisson on July 14, 1982 consisting of 32 single family homes on 8.5 acres. The improvement agreement and security have been submitted by Town & Country Development to guarantee installation of the off -site improvements in the following amounts: Faithful Performance Bond: $178,000.00 Labor and Material Bond: E 89,000.00 Monumentation Bond: 8 2,800.00 Letters of approval have been received from Chaffey Joint Union High School District, Central School District and Cucamonga County Water District. RECOMMENDATION It is recommended tha City Council adopt the attached resolution authorizing the acceptance of improvement agreement and security and the signature of said map. Res /gectfully sub it�ted�,, ��V V LBf{':JS: jaa Attachment w k -ij CITY OF RANCI'10 CC,'CA\IO \GA A Tract 12184_ ENGINFERI \G DIVISION w T tip' 1 \`II — VICINITY \I�\P P�B� K �n • TOWN &COUNTRYOEVELOPMENTS DNarch 8, 1983 _ !,IR. JOE STOFFA CiTr c;p UN12,W Curn:a�, +' _ty of Rancho Cucamonga 9320 C Baseline Road Rancho Cucamonga, California 91730 Re: Tract 12184 - Letter of Intent Dear @Ir. Stoffa: Please use this letter as Town & Country Developments, "Notice of Intention to join the Landscape and Light- ing District." • Very t I your / RCJ:hs r TCO 133 N 11 P.aey C.,f. —e 92668 j7141 S97 -3690 CUCAMONGA COUNTY WATER DISTRICT ;a -11 .-L,4 : n .. ...c. 11 ....,- . - - 111no . .. u I ... .. 1. VICTOR A. CHERBAK. JR.. P..ndnnt May 18, 1983 FRANK LESINSKY S .... ' -". G--I At... LLOYD W. MICHAEL nn,r I... EARLE R, ANDERSON ROBERT NEIIFELO BEVERLY E. BRADEN City of Rancho Cucamonga -. Engineering Department P. O. Box 807 Rancho Cucamonga, California 91730 Attention; Mr. Joe Stcfa Re: Tract No. 12184 - Sewerline Easement Requirement Gentlemen: As a requirement for development for the above referenced tract, this District required the developer to obtain offsite sewerline easements from property owners situated on lots 7 and 8 of tract no. 3573. The easements were required for the installation of a sewerline from tract no. 12184 easterly to Lion Street. The • District has since received the signed documents for this sewer- line easement from the affected property owners. The easement requirements have been met by the developer subject to the satis- factory completion of the following onsite water and sewer ease- ments: a. Waterline easement between Lemonwood Place and Spinel Avenue. b. Sewerline easement on the southerly portion of lot no. 19. If you have any questions concerning this matter, please contact the undersigned. Yours truly, OP:GA COUNTY WATER DISTRICT CAM �0 Dis trict Engineer ❑MO:bf • cc: Town 6 Country Developments J! v 1 l'�r rl�r „id [n1 FRANK LESINSKY Srnrm ru. C.nonl pn +n n.. �UCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHAEL EARLS R. ANDERSON ROBERT NEU RA VICTOR A. CREReA K. JR.. P..,idr.:r j BEVERLY E. BRAD EN March 16, 1983 City of Rancho Cucamonga Engineering Department P. O. Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Shintu Bose Re: Tract No. 12184 - Sewerline Easement Requirement Gentlemen: • Reference is made to the District's letter dated February 28, 1983, in which the District would not be requiring an easement through lots no. 7 and no. 8 of Tract No. 3573. The District has now determined that the existing 15 foot "drainage easement” would not be adequate to allow the installation of the proposed sewerline from Tract No. 12184 easterly to Lion Street. Cucamonga County Water District's letter of February 28, 1983, is hereby rese.indod. Therefore, the District will require the developer to provide separate sewerline easements from the affected propert, owners. I£ you have any further questions concerning this matter, please contact the undersigned. Yours truly, CCC A }10�.::. T'i WATER DISTRICT H. M. Olson District Engineer I IMO! bf cc: Town 6 Country Developments :'G CUCAMONGA COUNTY WATER DISTRICT •611 SAN ��.P N.P..INJ " CJCA.��NGi .' ?��J VICTOR A. CHERBAK, JR, P11.1-e February 8, 1983 City of Rancho Cucamonga Engineering Department P. o. Box 807 Rancho Cucamonga, California Attention: Barbara Krall Gentlemen: _:? g 1383 CI I GF 'dfiCHO Cu C'.' 91730 `- '!OIi1EEfl!YG D'.Y'ISI011 .i FR Vir L ANK ESIN SKY LLOYD W. MICHAEL ife Orr LLOYD W. . DL..1- EARLE R. ANDERSON ROBERT NEUFELD BEVERLY E. BRADEN Town and Country Development, Developer of Tract No. 12184, situated in Rancho Cucamonga, have deposited with this District Letters of Credit from California First Bank in lieu of the standard Material and Labor Bond, and Faithful performance Bond. • These letters, previously filed with the County, are now being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District. In addition, this letter is to verify that the above referenced Developer has complied with all requirements for development that are mandated by District policy. Yours truly, CUCAMONGA COUNTY WATER DISTRICT ///y� ."cs ti. Clinn, Jry Assistant Civil Engineer JIIC:bf • � "IJ l J JOHN G. GOETTEN Consulting Civil Engineers. Inc. Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga 9320 -C Baseline Road Rancho Cucamonga, CA 91730 Subject: Tract 12184 Storm Drain Plans 788 -D City of Rancho Cucamonga Gentlemen: 1900-H East Warner Avenue Santa Ana, California 92705 714 - 5493040 May 20, 1983 We, the undersigned, are owners of the property shown on Tentative Tract 12362. We have reviewed the subject plans approved April 22, 1983, and accept the installa- tion of the facility and discharge of storm runoff as • shown thereon. We further hold the City of Rancho Cucamonga harmless from any claims for damages arising from such discharges within our property. Very truly yours, Rancho C nter Associates, a Limited Partnershi[ �. ,Ad �� 0 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT O211 ;VEST FIFTH STREET ONT(•g10 ",,fONNIA 91762 ..S..r n v � � D 0 O a•,au Ei '� Itv: + "'v ... nvic 5 <FVlkc r - -.r r. 90.nJ C•ry rt.. :' .. a... y. a i.l v.. :vl .. .:...:. .: .:... :. :.... a. .e..n.-n ni.. ..:. ia.rs ni. I. 1 t....... .: na.l. June 9, 1983 TOWN & COUNTRY DEVT. 133 No. Pixley St. Orange, CA 92668 Richard Jackson Letter of Certification of School District Capacity within. the Chaffey Joint Union High School District and the Alta Loma H S. attendance boundaries for the foliowi. ^,g cescribe� project: Location /Description: Tract No. 12184 Baseline & Beryl Rancho Cucamonga, CA Number of Dwellings: 32 Single Family Anticipated Completion Date: Fall 1983 • The school district hereby certifies that the capacity for 5 students will be provided within 24 months of the cemnietion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. - v'�.v��K �L•f�F'bIPW Est. Superinte t by Dianne Allen�� cc: planning Division City of Rancho Cucamonga • ':r C`,JIVT_;1 � D.L E. L,lor, bo,d.m Dl.n. M. Nivord. Cb,r , RuIh M.merr J ^'l� SC�t00T s O'd.r, 6hn E Ogd.., M..e.r � � eN1LDh� 9.md. J. WngM, M.mb.r /U ALLOWED N.rm.n c.Gvnh Ed. O., mpof.n.d.mr �ISTRICT •J John A. M.CI.,..Cr6bM Svpolnrm<rn 9457 Foothill Boulevard Rancho Cucamonga, California 91730 Tel. 714- 989.8541 June 9, 1983 LETTER Or CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District Attendance boundaries for the following described project: Location /Description Tract 12184 s/s of Baseline, e/s Beryl Town & Country Development Number of Dwelling Units Thirty -two (32) single family Anticipated Completion Date December, 1983 Gentlemen: - - The Central School District hereby certifies that the capacity • for '1912 students will be provided within 24 months of the completion or the above project. This certification is given on the condition that the State of California continues to fund the provisions of Leroy F. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocations Board may fund all school building projects under its current rules and regulations without priority points. The comnitment of this capacity shall expire 90 days from the date of ,this letter. Approval of the final map or the issuance of building, permits by the City of Rancho Cucamonga within that 90 day period shall validate such commitment. Sincerely, , Assistant Superintendent. - CC: City of Rancho Cucamonga . C[NIRA[ SCHOOL CUVW014GA JUNIIN IIIOH SCHOOL 7915 Archibald Ave. 7411 AVp. Tot. 714.987.7541 Tel. 714.907.1708 DONA N„R:[D SCHOOL 10333 Polo Alto St. • Tcl. 714.9:0.1(00 VA[[[ VISTA `-CHOOL 7727 Vullc Vr,b Odvc Tel. 714981 .L07 0 GM OP RANCHO CUChMDNOA IMPROVEMENT AMEEIvIP-NT FOR "DIN ALL MEN By THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Nap Act of the Slate of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to ea the City, end TO'NN & CO NTiY DEVELOFM'e.NT hereinafter careered to es the Developer. WITNESSETH: THAT, bVEREAS, said Developer desires to develop certain real property in said City as shown on the conditionally approved PLANNING COMISSION RESOLUTION NO. 82 -69 IsHEREAS, said City has established certain requirements to be at by said Developer as prerequisite to approve1 of Tract 12194 generally located It east side of Be rvl south of Baseline NOW, THEREFORE, It is hereby agreed by said City end by Said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 & 7 here- of within twelve months from the effective data hereof. 2. This agreement shall be effective on the date of the • resolution of the Council of said City epp r oving this agreement. This agreement shall be in default oa the, day following the first anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided, J. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 60 days before the expiration date hereof, and shall contain a statement of circumstances neccessitaling the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost esllmale, and improvement security, and to require adjustments therein if uny substantial change has occurred during the term hereof. 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 cruse said provisions to be met by any lawful means, and thereupon recover from Ilic Developer and /or his surety the fall cost and exp�ase incurred. 5. Tim Developer shall provlAC ctcred water service to l rh let of said �. rlopmnnt rdunee with the rugulalloas, schedules, and foes of tbo C,urmnnngn County Ivalrr District. G. lltilit, Statement, Ileveleper shall file with the City Engineer, prior to the ,uinnrnremrnt of any work to be rfnnnrA within the arras Ac,crihrd by sold map, a wr111en stntrrwrnt sigrrd by Developer niul rmch pebllc utility corporation involved, to the effect that Dceloper has made the de p0a it Ivg.1I I r q u I r rd by such public u t l Ily corporatin for the connection of any and all public I i l I Ira t0 be sup,Iled by suc0 i Corporation within such subdivision. 7. The Developer shall be responsible for replacement, re to cat ion, or removal of any component of any irrigation water sysl em in conflict with co his t rue t1 on of required improvements to the satisfaction of the City Engineer and the owner of such water system. B. improvements required to be constructed shell conform to the Standard Drawings and Standard Specifications of the City, and to the improvement Plan approved by and oa file in the office of the City Engineer. Said improvements are tabulated an the Construction and Bond Estimate, hereby incorporated on page 6 he roof, as taken from the improvement pleas listed thereon by number. The Developer shell also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. 9. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments, Failure to comply with this se a lion shell be subject to the penalties provided therefor. 10. The Developer shall be responsible for removal of ell loose racks and other debris from public rights -of -way within • or adjoining said development resulting from work relative to said development. ll. Work done within existing streets shall be diligently pursued to completion; the Ci ly shall have the right to complete any and ell work in the event of unjustified delay in completion, and to recover ell cost and expense incurred from the Developer and /or his contractor by any lawful means. 19. Said Developer shall at all times following dedication of the streets onil casements in sold TRACT 1,2184E up to the complel ionand ecce ptence of sa,a work or imps vement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the trnvolinf puhiir from arh dcfcetivc or dangerous conditions. Until the completion of all improvements, herein incorporated on page 6_A 9, to be performed, each of said streets not accepted es improvements shall be under, the charge of said Developer. Said Developer may close all or a portion of nay street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is avrtSSAry to protect the public during the construction of the vemcnis herein ngraed le be made.. 13. Partway trees required to be planted shall he pleated by the Developer nftcr other nt 'ork, grading I'd cleanup has hero np l r 1 ed. PI n1nl 1 ng n.he l 1N he done as pr, ,dad by Crulaunce in scrnrdn.nae "in the planting diagram aPProved by the Cily Cunnvnily ncvrinp nrnl I),rtar. The Developer shell Lc re spa a si blo for inn rat ni it i I all bars planted in fond hen l I 1111 it the rod of the gua r nn f eed me Inlenenee period, or (or one yrnr of ire plant lug, whichever is Inter. 14. The Developer is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City Ordiances, and this agreement for the development, and for the maintenance of ell improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided hereinwith shell be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 15. This agreement shell not t a r m i A le until the mat atenance guarantee bond hereinafter described has been released by the City, or until a new agreement legal her with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 16. The improvement secur i ty to be furnished by the Developer with this agreement shall consist of the following and shell be in a form ececpteble by the City Attorney: A. To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly authorized corporate sureties in the farm and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materiahnen: 1. A bond or bands by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. ]. A deposit with City of money or negotiable bands of the kind approved for securing deposits of public monies. C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Finn) map far the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline` tie notes to the City. The Amount of the deposit may be Any .mount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the rush bond shall be as shown on the Construction and Mond Fst inote contained herein. Said cash deposit may be refunded As soon ns procedure perms is after receipt by the City of the ceatcrl i re Ito notes and r, llcn u o aseuran cc of pa ymenl in fll from the cog iurer or surveyor, D. The rr qu, rr.d bonds And the pr iAciPat amounts thereof are set forth on page 6 _nf this agrcemrn 1. 17. The Developer ran rr.n:ts Ihat Ibe imp I vane a is de c ib est 1n this ngrr e.or n shell be free from defects in mn to ,A is And war 4,nnns h, p. Any A oil all portions of IIm improvements found to be drfecti ve w, thin unc II) year following the date an wh, ch the improvements are aereptcd by the CiI shall be repaired or reply red by Dc vclnper free of all charges to the C. t y. The Developer shn 11 fur n, sh a mn, n l r n e nee gun rant ce L�r 0 • 0 security in a sun equal to ten percent (I00r) of the construction estimate or $200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this paragraph. The maintenance guarantee bonds shell also secure the faithful per to trance by the Developer of any obligation of the Devel0 per to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee bond has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is othenaise authorized by the Subdivision rlrp Act end any applicable City Ordinance. 18. That the Developer shall take out and maintain such public liability and property damage insurance as shell protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcantr a ctor or anyone employed by said persons. The pub '1a liability and properly damage insurance shall list the City as addilonel insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his s u1ba.nt1Act.,s, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: • A. Contractor's liability insurance providing bodily injury or death liability limits of not less the $300,000 for each person and 51,0001000 for each accident or occurrence, and prop.. ty damage liability limits of not less than $100,000 for each accident or occurrence with an aggregate limit of $250,000 for claims which may prise from the operations of the Developer in the performance of the work herein provided. B. Automobile liability Insurance covering all vehicles used in the performance of this agreement providing bodily injury Iinbility limits of not less than 5200,000 (or arch parson and $300,000 for each accident or occurrence, .ad prnperty damage I ix In i l ity I „al is of ,ml I a Ihnn Sf10, 0n0 for ,eb are I den t or oueu r if ne c, with an „ggr ego to of not, less than $100, ono wh,ah on a rl se from the operations of the Developer or his Contractor in performing the work provided for herein. 19, Thet before the exerulion of this agreement, the Developer shell file wllll the City a rcrllfirxle or certificates of overing the 5p. f1cd .u, a are. E.ch such Derr , ., ee rli f l en le xbrli bear an andu, n pr a eludi,I the cy nru ,an ion in coverage rf uny policy n11 a ion t, or cf (e h r by sreh ec irate, ❑ef o re the rap,rat,f of thirty c, he .f .r the r',ty shall have rereiveJ nnt,(,rnlion by registered C,t , by mr,lr (rn,n ;hc ,n,u r.vue oxrt ier. As evidi,n, of st „rd,ng the rontnlned h.roln, and 1,51, n111y of ,nt,n1 to ,ill ,.nun, t!,rr 11,11 VSI •Irr M1xs Subml tird this f-111111 11 r,rhrd .r ,n at vt cur, tv, and Ims of f,.,it his 519 11n I „re ter Crt o: ��7 IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with ell formalities signatures. required by law an the deter set forth opposite their • � Date by / �C>� ?' ,Developer ^h1V k :0U /h: Lu✓�OP :Agnli nAgTy,- cY C' JAX Prinated _ Date .�- >'' -(s'3 by C / -�L� - -`T-- t1,r ,Developer Si natu rc TC'a'N „t, ',;O pfi ;;. D -c'I Et UPNC4P Gi;L PAfl TTIF.R .1.c.Et P, c' Pnted Accepted: Ci tY of Rancho cuem"nga, -- Calife'rio A Municipal Corporation uy _ Attc rte CL_Y Ua le: �___rf: IS' Ailnrncy� • 0 PAITIB:UL PERFORMANCE Type: Principal "Cunt: $178,000 Name and address of surety: MTFRfAL AND LABOR PAPfENT Type' Principal .amount: 599,000 Name and address of surety: CASH DEPOSIT NIONUMENTATION Type: Principal Amount: Name and address of surety: MAINTENANCE GUARANTEE Type' Principal .amount: Namd end address of surety: M RE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with ell formalities signatures. required by law an the deter set forth opposite their • � Date by / �C>� ?' ,Developer ^h1V k :0U /h: Lu✓�OP :Agnli nAgTy,- cY C' JAX Prinated _ Date .�- >'' -(s'3 by C / -�L� - -`T-- t1,r ,Developer Si natu rc TC'a'N „t, ',;O pfi ;;. D -c'I Et UPNC4P Gi;L PAfl TTIF.R .1.c.Et P, c' Pnted Accepted: Ci tY of Rancho cuem"nga, -- Calife'rio A Municipal Corporation uy _ Attc rte CL_Y Ua le: �___rf: IS' Ailnrncy� • For L)prove:unt of: Tract 12134 Ecle: _2/10/83 (:rnvted by: C G Lngivicering File Ecforcnce: City Q:, . No. WIT.: Ibes rmt i.aLWa current fee for rr )ling perrml or pavurent deposits. 6NMIMON MST rSrlll \TF, IT@1 1x:1 \TI TT ici1T ITIT (SST 5 ,Vmt r L. F. P,C.C. Curb - 12" C.F. P.C.C. Curb - 8" C.F.24" Gait 2,800 6.25 1-. 500 P.C.C, Curb cnly 6" C.P. A "C. Berm (5200 min.) 4" P.C.C. Sidewalk 10,150 S.F. 1.45 19,763 6" Drive Approach 6,900 S.F. 2.50 17,230 e" P.C.C. Cross Ga tter Street Excavation Inported E:icank:nnt Preparation of Subgrade 70,650 S.F. 0.15 10,598 Crushed Aggregate Base (per inch thick) A.C. (over 1300 tons) A.C. (900 to 1300 tons) 86.4 45.00 38,860 A "C. (under 500 to 900 tons) A.C. (under 500 tons) • Patch d.0. (trench) 200 S.F. 1.75 700 1" [hick A.C. Overlay 9,200 B.F. 0.30 2,160 Adjust sewer clean a to grade 1 EA. 250.00 250 Adjust sewer clean out to geode Adjust water vnl vas to grade Street Lights 11 1500.00 16,6600 3 street Signs 3 Ed. 200.00 600 Strcet Trees Oarrlcade:: L.S. 500 Ranoval of A.C. Pat'e:nent 750 S.F. 0.35 263 Rcmmal of P.C.C. Curb 43 3.30 142 Remo vai of A.C. Germ 580 1.00 580 36 18" CP (2000 D) 36 25.00 000 24" R RCP 0500 D7 718 30.00 21,500 Catch Basin W = 14' 2 EA. 2500.00 5,000 Catch Ra:iln W = 7' 1 E:1. 2000.00 2,000 Local D,•prens[on I 2 EA. 1000.00 2,000 Local tructure S i 1 EA. 800.00 800 M.H. Structure 8:.d. 511 1 EA. 2500.00 2,500 (C?TISIIED ON QYSr,r Tl( r r ATTACHED SHUT) qNr IA'NY CusIS 1fi L189 _ Wf41, tltC'D!lf)rICC: CU7 195,009 _ E \I IiPR.I. PI1UTH.;WZ. SO.C:Il' (10TO _ ...... L Vi 9i W..),MM V, SIILillll' (60'=) 89,000 I:I :IIO:iA I`Y I6TPFCrIQ4 Hy.. Ir, \5111 -- -_ "-- __- - - - - -_ I li j CITY OP mt` n Q %% %}I.A QS.S"I1�LTIC+V AVO 111 E MM\TE E GV31,,1EW PERAIT FEE S0001JIE For L)prove:unt of: Tract 12134 Ecle: _2/10/83 (:rnvted by: C G Lngivicering File Ecforcnce: City Q:, . No. WIT.: Ibes rmt i.aLWa current fee for rr )ling perrml or pavurent deposits. 6NMIMON MST rSrlll \TF, IT@1 1x:1 \TI TT ici1T ITIT (SST 5 ,Vmt r L. F. P,C.C. Curb - 12" C.F. P.C.C. Curb - 8" C.F.24" Gait 2,800 6.25 1-. 500 P.C.C, Curb cnly 6" C.P. A "C. Berm (5200 min.) 4" P.C.C. Sidewalk 10,150 S.F. 1.45 19,763 6" Drive Approach 6,900 S.F. 2.50 17,230 e" P.C.C. Cross Ga tter Street Excavation Inported E:icank:nnt Preparation of Subgrade 70,650 S.F. 0.15 10,598 Crushed Aggregate Base (per inch thick) A.C. (over 1300 tons) A.C. (900 to 1300 tons) 86.4 45.00 38,860 A "C. (under 500 to 900 tons) A.C. (under 500 tons) • Patch d.0. (trench) 200 S.F. 1.75 700 1" [hick A.C. Overlay 9,200 B.F. 0.30 2,160 Adjust sewer clean a to grade 1 EA. 250.00 250 Adjust sewer clean out to geode Adjust water vnl vas to grade Street Lights 11 1500.00 16,6600 3 street Signs 3 Ed. 200.00 600 Strcet Trees Oarrlcade:: L.S. 500 Ranoval of A.C. Pat'e:nent 750 S.F. 0.35 263 Rcmmal of P.C.C. Curb 43 3.30 142 Remo vai of A.C. Germ 580 1.00 580 36 18" CP (2000 D) 36 25.00 000 24" R RCP 0500 D7 718 30.00 21,500 Catch Basin W = 14' 2 EA. 2500.00 5,000 Catch Ra:iln W = 7' 1 E:1. 2000.00 2,000 Local D,•prens[on I 2 EA. 1000.00 2,000 Local tructure S i 1 EA. 800.00 800 M.H. Structure 8:.d. 511 1 EA. 2500.00 2,500 (C?TISIIED ON QYSr,r Tl( r r ATTACHED SHUT) qNr IA'NY CusIS 1fi L189 _ Wf41, tltC'D!lf)rICC: CU7 195,009 _ E \I IiPR.I. PI1UTH.;WZ. SO.C:Il' (10TO _ ...... L Vi 9i W..),MM V, SIILillll' (60'=) 89,000 I:I :IIO:iA I`Y I6TPFCrIQ4 Hy.. Ir, \5111 -- -_ "-- __- - - - - -_ I li j (Continued) COSTRCCTIOY COST ESTIVATE Tract 12184 • ITEM. UNIT MT COST 5 A4:Ot'ST Outlet Structure Std, 507 2 EA. 500.00 1,000 Guard Panel (Wood) 16 25.00 600 Suu'cut 600 1.00 600 Grouted Rip Rap Pad 1 EA. L.S. 1,000 1 r �V 1 • • RESOLUTION NO. * C i - � = I • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12184 WHEREAS, the Tentative Map of Tract No. 12184, consisting of 32 lots, submitted by Town & Country Development, Subdivider, located on the east side of Beryl Street, south of Base Line Road has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Nap Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same • on behalf of said City and the City Clerk is authorized to attest thereto; and Lj 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. 0 • I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician Z`�i C9 a„ VVe iZ 1977 SUBJECT: Approval of Parcel Map 7852 and Real Property Improvement Contract and Lien Agreement submitted by Beverly Fishback Parcel Map 7852 for the division of 9.41 acres of land into 3 parcels within the northeast corner of East and Victoria Avenues received Planning Commission approval on February 9, 1983. Since a house is being constructed on Parcel 3, a Real Property Improvement Contract and Lien Agreement is being submitted at this time for the future improvements of that parcel, Improvement for Parcel 1 and Parcel 2 will be constructed at time of development. RECOMMENDATION: It is recommended that City Council adopt the attached resolution approving Parcel Map 7852 along with the Real Property Improvement Contract and Lien Agreement and authorizing the City Clerk and City Engineer to sign same map. Respectfully submitted, LBH:BK:jaa Attachment 7� .ry PARCEL MAP N0.7852 r R W ♦ 1'95, +S I(n u 140n x os vxs5, n(t xx. R(pT5 C. YY Rlvxu0w0 (Wn19 in i a h7 • • 0 V RECORDING REQUESTED BY: and 'HEN RECORDED MAIL T0: CITY CLERK CITY OF RAIC40 CUCA;SONGA P, 0. Box 007 RANC40 CUCAMONGA, CALIFORNIA 91730 REAL PROPERTY IMPROVEMENT CONTRgCT RXD LIEN AGREEMENT THIS AGREE ".ENT of_ Fishback and Bev ar 1 "Developer "), and the municipal corporation provides as follows: made and entered into this day 19_, by and between Janes A. Fishback(hereinafter referred to as CITY OF RANCHO CUCAMONGA, CALIFORNIA, a (hereinafter referred to a5 "City"), 'WHEREAS, the Developer's desire to postpone construction of such improvements until a later date, as determined by the City; and WHEREAS, the City is agreeable to Such postponement provided that the Developer enter into this Agreement requiring the Developer to constr VCt said Improvements, at no expense to the City, after de'rand to do so by the City, which said Agreement shall aISO provide that the City may construct said improvements If the DPV ^IOper fall or nelloct to do so that the City shall have a Ilen upon the real property hereinafter described as sn,.,r, ty for the leveloper's perforranta, and any repayment due City. WHEREAS, as a general condition precedent to the recordation of Parcel Map 7952, the City requtres the construction of missing off -site street improvement including curb, gutter, asphalt, paving and appurtenant work adjacent to the property to be developed; and 'WHEREAS, the Developer's desire to postpone construction of such improvements until a later date, as determined by the City; and WHEREAS, the City is agreeable to Such postponement provided that the Developer enter into this Agreement requiring the Developer to constr VCt said Improvements, at no expense to the City, after de'rand to do so by the City, which said Agreement shall aISO provide that the City may construct said improvements If the DPV ^IOper fall or nelloct to do so that the City shall have a Ilen upon the real property hereinafter described as sn,.,r, ty for the leveloper's perforranta, and any repayment due City. ,NO'A, THEREFORE, THE PARTIES AGREE: • I., The Developer heresy agree that they will install off -site street improvements Including curb, gutter, asphalt paving and apportenant work in accordance and compliance with all appl lc aala ordinances resolutions, rules and regulations Of the City in effect at the time of the installation. Said improvements shall be installed upon and along Victoria Avenue. 2. The installation of said improvements shall b2 completed no Later than one ( I ) year following written notice to the Developer from the City to commence installation of the same. Installation of said imorovments shall he at no expense to the City. 3. In the event the Developer fail Or refuse to complete the installation of said improvements in a timely • manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. d, To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may he expended by City in completing said tnprnvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City the following described real property situated in the City Of Rancho Cucamonga, Bounty of San Bernard,ec, State of California, to -wit: Parcel 3 of Parcel wag 7052 as recorded in Parcel stay Bonk Pages official records of San Bcrnari{t no (minty`, State of f,al {f 0rnld. • v, '—Jz�mr w 0 • 5. This convevance is it trust, hone ver, for the puroose5 described above. 6. Non, therefore, :f the Developer shall fatthf. illy Perform all of the acts and things by them to be dono under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full ,force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with re %pOct thereto shall be governed by the provisions of the Civil Code of the State of California, and any other aoplicable statute, pertaining to mortgages on real property, 7. This Agreement shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of each of the parties hereto, 8. To the extent required to give effect of this Agreement as a mortgage, the term "Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms are used in the the Civil code of the State of California and any other statute pertaining to mortages on real property, 9. if legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder or to fornrlose the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys fees as shall be. awarded by the Court. �L RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 7852, (TENTATIVE PARCEL MAP NO. 7852), AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT WHEREAS, Tentative Parcel Map No. 7852, submitted by Beverly Fishback, Subdivider, and consisting of 3 parcels, located at the northeast corner of East and Victoria Avenues, being a division of Lot 13, Block "G" Etiwanda Colony Lands, as per map recorded in Book 2 of Maps, page 24, 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. 7852 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 and a Real Property Improvement Contract and Lien Agreement. 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 r- lineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and ATTEST: I 2. That said Parcel Map No. 7852 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 15th day of June, 1983. AYES: NOES: ABSENT: --7, IV Jon 0. Mikels, Mayor 0 • I rrry nV n e MOM'. r71r e MOW'_ e The attached agreement from Mr, and Mrs. Sensenbach will allow them the time they need to complete certain items required with the home addition proposed. The agreement is for street improvements in front of 7928 Sierra Vista. It will be recorded and become a burden with the property requiring the improvements within one year. RECOMMENDATION It is recommended that City Council approve the attached resolution authorizing the Mayor and City Clerk to sign the Real Property Improvement Contract and Lien Agreement on behalf of the City. Respectfully sub'pi(itttteed,dd,, 1-4!JM: j as Attachments /F STAFF REPORT ?jam` cz DATE: June 15, 1983 F � !> 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement from Steven and Vera Sensenbach for single family room addition at 7928 Sierra Vista The attached agreement from Mr, and Mrs. Sensenbach will allow them the time they need to complete certain items required with the home addition proposed. The agreement is for street improvements in front of 7928 Sierra Vista. It will be recorded and become a burden with the property requiring the improvements within one year. RECOMMENDATION It is recommended that City Council approve the attached resolution authorizing the Mayor and City Clerk to sign the Real Property Improvement Contract and Lien Agreement on behalf of the City. Respectfully sub'pi(itttteed,dd,, 1-4!JM: j as Attachments /F 5 35 7 59 C) 60 79 AL 37 54 78 9 38 53 62 77 205 '19 52 76 40 51 01 64'175 u 65 1,* 74 42 49 66 473 • 104 43 48 67 082 co 44 1 47 Gs 68 71 45 46 69 70 C14 • w Pill (Do 19 17 < y 10 16 CITY OF RANCI 10 CUCAMONGA LNGINEFRING DIVISION VICINITY NIAP I II rol (D AC t i t l e ; page �T cVINEYARD rzB `National `Bank May 4, 1983 Jerry Grant Building Department City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Dear Jerry: On December 13, 1982 I filed a set of plane with the City for a plan check and approval on a proposed addition at my residence located at: 7928 Sierra Vista, Rancho Cucamonga, California. I believe that the allotted time is due to expire since I have not pulled a permit, so I'am asking you to extend the time period beyond that of June 13, 1983 for an additional 4 months. As you know I applied to the City Council with the request to have the street improvement conditions removed from my • project and of course the request was denied. In addition to that problem we have not yet signad a contract for the project do to many various factors. So based upon this I would ask that the extension be granted. It was also .,. rtioned to me on the phone today that the Soil Test Repor' A ch was requested by the City, was not sent to you by R. 'tdrd Mills and Associates, so I'am enclosing a copy of that for your files. Also enclosed you will find an executed copy of the Real Property Improvement Contract and Lien Agreement as requested by the City. Please advise me if there is any problems with the extension or any of the enclosed documents. Enclosures rOF N%Il f, Hr DIV1810N � GUC%•MONGA P.O. BOx ] '6t08-VI rEYARD AVENUE. Very Truly Yours even P-e en President n RANCHO CUCAMONGA, CALIFORNIA 91770 • QN1987 -0177. i; U:i- RECORDING REQUESTED BY: • sad WILE WED MIL TOr CITY CLERIC CITY OF MNCHO Q'CA\gNGA P. O. Box 80", RANCHO CLC,U10NGA, CALIFORNIA 91730 REAL PROPERTY INTROVESIENT CONTRALT AND LIEN AGREEMEIN THIS AGREEMENT, made and entered into this 4th day of May , 1983, by and between Steven R. and Vera N. Sensenbech (hereinafter referred to as "Developer"), and the CITY OF RANCHO CUCAMONCA, CALIFORNIA, a municipal corporation (hereinafter referred to as "city "1, provides as follows; kHEREAS, as a general condition precedent to the Issuance of a building permit for residential development, the • City requires the construction of missing off -site street improvement including curb, gutter, sidewalk, drive nP p r o aah and pavement adjacent to the property to be developed; and NMEREASp the Developer's desire to postpone construction of such improvements until a later date, as determined by the City; and NNEREAS, the City is agreeable to such postponement provided that the Developer enter into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by in% City, which said Agreement ,bell also provide that tlia City may construct snrd improvements if the Dv vc toper fail or neglect to do so that the Citv shall have a lien open thu rent properly hereinafter described as secarily for lhr Developer's perfo,mnnce, and any repayment due City. • NCIV, THEREFORE, THE PARTIES AGREE: 1. The Developer hereby agree that they will install off -site street imor o vane a t s including curb, gutter, sidewalk, drive approach and pavement is accordance and cop, liance with ell applicable ordinances resolutions, rules and regulations of the City is effect at the time of the installation. Said improvements shell be installed upon and along Sierra Vista adjacent to Developer's property he r ctuafter described. 2. The installation of said improvements shall be completed no later than one ( I) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvments shall be at no expense to the City. • ], in the event the Developer foil or refuse to complete the instillation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereender, the Developer floss by these presents grant, bargain, sill null v.,,v to the Cl ty the following described 1041 Property situated in the City of Rn ncho Cucamonga. Coantv of San Ile, ma rd inn, Sta tr of CaliOrrin, to-11t; True .ANA, Lot 70 nil South .1 1/2 fact of Lot ;1, na recorded to Wrp (look .Lt, Pages 14 -I6 of said County I(dl'N ,u9- 032- 1:,9'J) 3 5. This conveyance is in trust, however, for the purposes • described above. 6. Now, therefore the Developer shall faithfully perform all of the eels and things by them to be done under this Agreement, than this conveyance she 11 be void, .Octal se, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on reel property. T. This Agreement shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of each of the parties beret.. I 1 L J I. To the extent required to give effect of this Agreement as a mortgage, the term "Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms , .$ad in the the Civil Code of the Stale of California And Any other statute pertaining to mortages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreemen,, to recover any sum which the City is entitled to recover from the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and au eh reasonable attorneys fees ns shall be aWArded by the Court. 10. Regardless of any requirements net forth in the preceedgng paragraphs of this agreement, the developer shall only be required to make the tmpeovcments as called for and outlined in the minutes of the April 6, 1983 mectinq of the City Council of Rancho Cucambis a J RESOLUTION NO. * • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEVEN AND VERA SENSENBACH, FOR 7929 SIERRA VISTA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, property located at 7928 Sierra Vista has been proposed to have a room addition and was submitted by Steven and Vera Sensenbach; and WHEREAS, Installation of certain street improvements established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Steven and Vera Sensenbach; and WHEREAS, Steven and Vera Sensenbach has executed a Real Property Improvement Contract and Lien Agreement, a copy of which is attached hereto and incorporated herein by reference. NO'd, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County • Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Is Jon D. Mikels, Mayor • • I 01 TV nP AANTO nrTTOaWWC-a STAFF REPORT DATE: June 15, 1983 _ h TO: City Council and City Manager 197 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Setting of Public Hearing for July 6, 1983, to form Landscape Maintenance District No. 3 for Parcel Map 7349 located on the North side of 4th Street, East of Route 15 Freeway Lewis Homes, developer of Parcel Map No. 7349, a General Industrial subdivision, have requested the City form an Assessment District for the maintenance of landscaping, a detention basin and storm drain within their project. These improvements will be installed by the developer. The landscaped area on the Westerly side of Hyssop (between Hyssop and the Freeway), the temporary detention basin located on Parcel No. 8 and the storm drain easement which provides the drainage of Hyssop Street South to the detention basin will be maintained by the Assessment District. Total annual maintenance cost is being estimated as follows: Landscaping $0.30 X 6057 sq. ft. _ $1817.00 Detention Basin & Storm Drain LUMP Sum - $1000.00 12817.10 Per Lot Annual Assessment $352.14 Per Lot Monthly Assessment $29.35 RECOMMENDATION: It is recommended that City Council adopt the attached resolutions, initiating and forming Assessment District No. 3, approving the Engineer's Report, and setting the date and time for Public Hearing For July 6, 1983. RespectfulWsubritted, Lloyd 8. Hubbs City Engineer �'5 • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets and Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscaping, basin and storm drain located therein; and WHEREAS, pursuant to Resolution No. ' this City Council initiated proceedings for the formation of an assessment district to be known as "Landscape Maintenance District No. 3" to improve and maintain landscaping, basin and storm drain to be located in the boundaries of said Landscape Maintenance District and ordered the preparation and filing of a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code; and WHEREAS, there has been presented to this City Council that certain "City of Rancho Cucamonga Engineer's Report for Landscape Maintenance District No. 3 "; and • WHEREAS, this City Council has duly considered said Engineer's Report in each and every part thereof, and finds that each and every part of said Engineer's Report is adequate and sufficient and that said Report does not require modification in any respect. S NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby gives its preliminary approval to the Engineer's Report referred to in the recitals hereinabove. SECTION 2: Said Engineer's Report which is referred to in the recitals hereinabove shall stand as the City Engineer's Report for the purposes of all subsequent proceedings in connection with the formation "Landscape Maintenance District No. 311. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: c CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 3 original Formation Lloyd B. Hubbs, City Engineer July 6, 1983 �7 0 • • CITY OF RANCHO CUCAMONGA • ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT N0. 3 SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTIOIi 2. GENERAL DESCRIPTION The report deals with the establishment of Landscape Maintenance District No. 3 in the City of Rancho Cucamonga. Area to be included in the work program are specifically defined in the body of the report and on the attached Assessment Diagram. The total area of said parkways being 6,057 square feet, and a detention basin located on Parcel No. 8. 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 any parkway and detention basin improvement. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. SECTION 3. PLANS AND SPECIFICATIONS The plans and specifications for landscaping, detention basin and storm drain are to be prepared by the developer. The plans are as stipulated in the conditions of approval and as approved by the City Engineer and City Planning Division. Reference is hereby made to the subject Parcel Map and the assessment diagram for the exact location of the landscape area. The plans and specifications for landscape improvements on the individual Parcels are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. Detailed maintenance activities include: The repair, removal or replacement of all or any part of any improvement, to include landscaping, detention • basin and storm drain, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems, and cleaning of drainage inlet and outlet structures, pest control, debris removal, fence repair and all associated work for the successful functioning of the systems. SECTION 4. ESTIMATED COSTS No costs will be incurred for improvement construction. All improvements will be constructed by developers. Based on data from other cities, contract analysis and dcveloped work standards, it is estimated tha maintenance costs for assessment purposes will equal thirty cents ($.30) per square foot per year for parkway and a Lump Sum $1000 annually for detention basin maintenance. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Landscape Maintenance • District No. 3 comprised of 8 lots and per lot costs are Shown below: Total Annual Maintenance Cost: Landscaping 0.30 x 6057 $1817.10 Detention Basin - Lump Sum = 1000.00 and Storm Drain TOTAL 8 0 Per Lot Annual Assessment $2817 divided by 8 = $352.14 Per Lot Monthly Assessment = $29.35 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. SECTION 5. ASSESSMENT DIAGRAM A copy of the proposed Assessment diagram is attached to this report and labeled "Exhibit A ". SECTION 6. ASSESSMENT Improvement for the entire district is found to be of general benefit to all lots within the District and tha • assessment shall be equal for each parcel. . SECTION 7. ORDER OF EVENTS 1. City Council approves institution of District proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engieer's report. 3. City Council adopts Resolution of Intention to form a District and sets a public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon proceedings. 5. Every year in May, the City Engineer files a report with City Council. 6, Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • 19 0 RESOLUTION NO. * rl� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, on June 15, 1983, this City Council adopted Resolution No. proposing the formation of an assessment district to be known as "Landscape Maintenance District No. 3" for the purpose of installing and maintaining certain landscape, basin and storm drain improvements to be located within said assessment district; and WHEREAS, on June 15, 1993, this City Council preliminarily approved an Engineer's Report with respect to said "Landscape Maintenance District No. 3" and caused said Engineer's Report to he filed in the City Clerk of the City of Rancho Cucamonga; and WHEREAS, this City Council desires to form Landscape Maintenance District No. 3 for the installation and maintenance of certain landscape improvements to be located therein. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: • SECTION 1: This City Council hereby declares its intention to order the formation of an assessment district to be known as "Landscape Maintenance District No. 3" for the purpose of maintaining certain landscape improvements therein and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972. SECTION 2: The landscape improvements to be maintained within the boundaries of Landscape Maintenance District No. 3 are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The general location of Landscape Maintenance District No. 3 is more particularly described on the diagram attached as Exhibit "B" and incorporated herein by reference. SECTION 4: Reference is hereby made to the Engineer's Report on file with the City Clerk of the City of Rancho Cucamonga for a full detailed description of the boundaries of Landscape Maintenance District No. 3 and the proposed assessments upon assessable lots and parcels of land within said assessment district. q1 Resolution No. Page 2 SECTION 5: This City Council hereby sets the date, time and place of a public hearing on the formation of Landscape Maintenance District No. 3 to be as follows: DATE: July 6, 1983 TIME: 7:30 p.m. PLACE: City Council Chambers at 9161 Base Line Road, City of Rancho Cucamonga SECTION 6: The City Clerk of the City of Rancho Cucamonga is hereby authorized and directed to cause a certified copy of this Resolution to be published at least once, ten (10) days before the date set for said public hearing in The Daily Report, a newspaper of general circulation published in the City of Ontario and circulated in the City of Rancho Cucamonga. The City Clerk is also authorized and directed to cause a certified copy of this Resolution to be sent by first -class mail to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization Assessment roll with respect to the real property to be included in Landscape Maintenance District No. 3. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: * • NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Iv Jon D. Mikels, Mayor • RESOLUTION NO. * • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1974 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets & Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscaping, basin and storm drain located therein; and WHEREAS, this City Council desires to initiate proceedings for the formation of an assessment district to be known as "Landscape Maintenance District No. 3" to improve and maintain landscaping, basin and storm drain to be located within the boundaries of said landscape maintenance district. NO'd, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as fntlows: SECTION 1: This City Council nereoy proposes Lice for�aat;— of an assessment district to be known as "Landscape Maintenance District No. 3" pursuant to the Landscaping and Lighting Act of 1972. • SECTION 2: The nature, location and extent of the improvements to be installed and maintained within "Landscape Maintenance District No. 3" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of Landscape District No. 3 is more parts ularly described in Exhibit "B" attached hereto and incorporated herein, and this City Council hereby specifies the designation "Landscape Maintenance District No. 3" for said landscape maintenance district. SECTION 4: The City Engineer is hereby authorized and directed to cause the preparation and filing of a report with respect to the formation of Landscape Maintenance District in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: \J ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.3 w= 1 2 x a' r � - ° 6 IU ~ • -- 1 w q L Y - z •. -•. 4TN STrtC�T .. \" \ \f 11lpl, tIt IP.� crr)' Or anNCl 10 cUcmlcYNcA w ENGINEERING DIVISION ,� T ivn VICINITY NIAP C'.'! 1 \ill page i� L • CJ EXHIBIT "B" Parcel Map 7349 as recorded in Book , pages of Parcel Maps, Office of County Recorder, County of San Bernardino, State of California. i 9 i DATE: TO: FROM: BY: SUBJECT nimv nt n n winvn OT TO n Aln%Trn STAFF REPORT June 15, 1983 City Council and City Manager Lloyd B. Hubbs, City Engineer F inn = I Paul A. Rougeau, Senior Civil Engineer Street Lighting Ownership and Benefit Assessment Districts Since the beginning of 1982 the City has been experiencing the effects of significant street light rate increases which promise to continue indefinitely under present PLC policies. The City's street light system consists of about 3600 lights along local and arterial streets and another 100 or so larger lights at intersections. The bi- monthly bill is currently $63,000 or $378,000 per year. Projected increases in this bill amount to 20% thru January, 1984, with constant increases thereafter of 10 to 15% per year. In 1980, the City's entire system was converted to high pressure sodium vapor lights which run on less than half the power of the previous mercury vapor lights, however, at that time the rate reduction was only 15 %, and even that required dropping to a lower output lamp. There was some savings, however, and it was felt necessary to save as much as possible in both money and energy. Rates since the conversion have increased by 41 %. This burden is now so great that cost reduction and funding options must be explored and steps taken to relieve what will soon be a half - million dollar drain on the City budget. Cost Reduction Options_ The foTTowing methods have been used in the past by various agencies to cut lighting costs: 1. Removal of street lights. This would eliminate all energy costs but would ential capital costs for much of the removal and leaves nothing for the future. 2. Turn off lights. This option would appear to give good savings but even if all lights were turned off, the City's bill would be 60% of current rates due to the "facilities charge" imposed for leaving the poles in place. Thus we would be paying a great deal for no benefit. 3. Lights off at midnight. This would cut energy use by 50% but would still cost 86% of the normal rate. (e CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 2 • 4. Greater spacing of lights. This has been carefully considered, but remembering that the present spacing offers minimal light levels, the following disadvantages exist: a. If spacing is not doubled, future infill, if ever done, would result in excessive levels of lighting. b. If spacing is doubled, totally dark areas will result between lights, making the remaining light of little value. C. As in Option 1, there could be public cost in upgrading the lighting in the future. 5. The size of the light could be reduced, but poor lighting would result and the savings of 10% would be very small. 6. Change type of light. The only other light available which is low pressure sodium vapor, could only be changed over at great capital cost. 7. Acquire the system. This is being used increasingly around the State and would produce at least a 45% savings but there would be the cost of buying the system to be considered. S. Require new installations to be City owned. This would result in an • apparent savings of at least 45% for the new lights. Funding 0 tions �ffese options are quite limited; they are as follows: 1. General Fund /Gas Tax. This is our present method and impacts the capital improvement program, which is at an already low funding level. 2. Benefit Assessment under the 1972 Lighting and Landscape Act. This option would remove all General Fund burden if applied city -wide and would prevent further impact if applied now to all newly recorded tracts. Short -and Lonq -Term Solutions Several of the above options can be combined to produce a program for reducing costs over a period of several years. To begin with, Cost Reduction Options 1 thru 6 should be rejected for the reasons given. The remaining options could be implemented as follows to provide progressive reduction of General Fund support. • n 7 CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 3 • Short Term 1. Require new installations to be City owned. Immediate Cost Savings This would be implemented immediately and would cause the new lights to be billed under the LS -2 schedule, which is 31% of the Company -owned LS -1 rates, resulting in a 69% savings. To this base cost should be added a maintenance costs, which would be the City's responsibility. Experience in other cities indicates that this maintenance cost is quite low. Generally, the evidence indicates a maintenance cost of under $2 per light per year, resulting in a savings of 45% for the City owned lights. Developer Costs for City Nned Street Lights At this point it would be well to consider the difference in cost to the developer, and the new home buyer, of city -owned vs. SCE -owned street lights. Presently, the SCE -owned lights being installed in the City cost the developer $260 plus the cost of trenching for cable. Trenching cost varies with length and number of utilities sharing the trench. A cost analysis obtained from a developer of a tract with 8 street lights showed a trench cost of $5,600 or $700 per light, giving a total cost of about $960 per light. • Cost data from suppliers gives a cost of $715 for a street light, installed, to a developer for a City -owned system. Adding foundation, cable and trench costs gives a total of about $1,600 per light. This data is summarized below; For the one or two light small developments, such as commerical or industrial, the cost could go up to $2200 per street light. Cost Savings to City Under City -Owned System Balanced against the cost increase to new homeowners for the installation of such a system is the savings to the City. As stated above, this savings is about 45% of present rates and is expressed in summary below: cv Street Light Cost to Developer City -Owned SCE -Owned Pole & light $ 900 $260 Trench 700 700 TOTAL $1600 $960 Cost per house $400 to $600 $240 to $360 For the one or two light small developments, such as commerical or industrial, the cost could go up to $2200 per street light. Cost Savings to City Under City -Owned System Balanced against the cost increase to new homeowners for the installation of such a system is the savings to the City. As stated above, this savings is about 45% of present rates and is expressed in summary below: cv CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 4 Street Light Cost Comparison City -Owned SCE -Owned Billing Schedule LS -2 LS -3 SCE bill per light $2.70 $8.75 Mtc. cost (est.) $2.05 Total per month $4.75 $8.75 Savings per year per light under LS -1 = $48.00 Yearly savings for average tract of 60 houses and 15 lights = $720 or $12 per house • Because of such savings, ownership of lights is the trend among most agencies today, even though the cost difference of $160 to $240 would be gained back by the homeowner only after 13 years of using the LS -2 schedule. Of course, the homeowner is not usually paying for the energy cost directly, so the • comparison is hypothetical. 2. Establish a benefit assessment for newlv - acquired street liaht enerav and maintenance costs This benefit assessment district would include only those subdivisions where such a requirement has already been imposed as a condition of approval, plus older approvals which could be included in an assessment district thru public hearing. Only unbuilt subdivisions are being considered here; those which are still under a single ownership. A district such as this has already been established for the Victoria Planned Community and is planned for the Terra Vista Planned Community. It also would be very similar to the existing city landscape maintenance district into which new developments are included. This approach would eliminate new lighting costs for the General Fund. Preliminary estimates of the annual assessment for each affected homeowner are shown below. Both the present LS -1 schedule and the LS -2 schedule have been used, showing the degree of power cost savings using the latter schedule. However, if the increased cost of the city -owned lights is included in the home - buyer's loan, the additional yearly cost is such that the SCE -owned LS -1 lights are 8 to 10 dollars per year cheaper. Thus for an assessment district, it would be less expensive for the new homeowner to remain hnderc e u e. • lq • CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 5 ASSESSMENT DISTRICT FOR STREET LIGHTING Annual Assessment Per Dwelling Unit Billion Schedule Local Street Lights Arterial Street Lights Total LS -1 $30 $16 $46 LS -2 $18 $10 $28 Because of fixed costs, these figures would decrease slightly as the district is enlarged but steady increases in electric charge will cause a gradual increase in the annual assessments. Long Term 1. Establish a City -Wide Street Light Assessment District The present burden of $380,000 per year of lighting cost will continue to rise and will remain as a General Fund expense until an assessment • district is established to obtain additional offsetting revenue. Such an assessment district would involve commercial, industrial and special use property as well as residential for the arterial lighting. Local street lighting would remain a responsibility of the affected residents and would take different lighting levels, lack of lights, etc. into account. These districts have been established, under the 1972 Lighting and Landscaping Act, in many local communities, using a variety of assessment formulas. The initial work is usually done by a consultant because of the labor required to inventory lights, determine land use categories and parcel counts, establish a formula and prepare mapping. A report is then prepared for Council review at a public hearing at which the district can be established by majority or 4/5 vote depending on the level of protest. Efforts have to be started early in the year to have results ready to submit to the County Assessor in August. Such a district is limited to this once -a -year establishment opportunity. A city -wide district is an ideal solution to the funding problem from the standpoint of spreading the costs in an equitable manner to all types of property. The assessment for residential property would be somewhat lower than that in the table above due to the inclusion of other types of property. These rates shown are comparable to other cities with similar districts. FJ )OL> CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 6 • Acquire the Existing Street Light System The maximum decrease in street lighting costs would be realized by putting the entire system on the LS -2 or City -owned schedule. This can only be accomplished through the purchase of the 3600 lights now owned by SCE. Such purchases have been made recently involving systems of a size similar to ours but arriving at a price has been difficult. The utilities, including SCE, presently value their systems at a "replacement cost, less depreciation" basis rather than an "original cost, less depreciation" basis. This results in a considerable gap between the "fair" prices as viewed by SCE and its customers. Purchases made by other cities and counties have involved negotiating between these values at great length. In any case there is a great cost involved and it appears that the best position for Rancho Cucamonga to take at this time is to wait for the California City- County Street Light Association to arrive at a statewide agreement on valuation. This will most likely be accomplished in the next two years. Loans, grants and one -time assessments have been us.d to fund such acquisitions. Summary The City's current street lighting bill of approximately $380,000 per year is • paid from general and gas tax revenues. Increases in this bill can be reduced by acquiring new lights as city -owned installations, providing a savings of about $700 per year for each new tract developed. Other new lights would also cost 45% less to operate. This would increase installation costs to developers by $600 to $1200 per light and housing costs by $160 to $240 per house. Increases in the bill could be restributed by establishing an assessment district for new installations. For homeowners the annual assessment would be about $46. The entire expense for lighting could be redistributed by establishment of a city -wide assessment district, resulting in' a homeowner annual fee of about $40, with other types of property assessed at varying rates. The first year assessment would be slightly higher due to consultant costs. The assessment for a city -wide district could be lowered to a minimim level by acquiring the 3600 existing street lights in the City, but at a capital cost. This cost could be offset by various means including loans and a one- time assessment. • w I • CITY COUNCIL STAFF REPORT Street Lighting Ownership and Benefit Assessment District June 15, 1983 Page 7 RECOMMENDATION It is recommended that: 1. The attached Resolutions Intiating Proceedings for the formation of Street Lighting Assessment Districts for new installations, using the LS -1 schedule, be approved. A detailed report and resolution setting a date for a public hearing will then be prepared for your next meeting. 2. The City Engineer be directed to request consultant proposals for the establishment of a city -wide lighting district. 3. Consideration of acquisition of existing lights be coordinated with the efforts of the California City- County Street Light Association regarding establishment of an equitable valuation for the street light system. Respec fully submit d, V • Attachments 12 %(J c' • RESOLUTION NO. *' -' ;, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT N1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets & Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain street lighting located therein; and WHEREAS, this City Council desires to initiate proceedings for the formation of an assessment district to be known as "Street Lighting Maintenance District No. 1" to maintain street lights to be located within the boundaries of said Street Lighting District. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby proposes the formation of an assessment district to be known as "Street Lighting Maintenance District No. I" pursuant to the Landscaping and Lighting Act of 1972. • SECTION 2: The nature, location and extent of the street lights to be maintained within "Street Lighting Maintenance District No. 1" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of "Street Lighting Maintenance District To-r- is more particularly described in Exhibit "A" attached hereto and incorporated herein, and this City Council hereby specified the designation "Street Lighting Maintenance District No. 1" for said district. SECTION 4: The City Engineer is hereby authorized and directed to cause the preparation and filing of a report with respect to the formation of Street Lighting Maintenance District in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: ID Jon D. Mikels, Mayor EXHIBIT "A" 174 Properties and improvements to be included within Street Lighting Maintenance Districts 1 and 2; TRACT N NO. OF DWELLING UNITS ARTERIAL LIGHTS LOCAL LIGHTS 10491 20 0 8 9539 18 0 5 9584 52 0 15 9584 -1 47 12 19 9584 -2 45 0 15 10569 42 0 11 9638 25 5 14 11350 117 7 0 11609 12 4 4 9441 72 0 32 11696 7 0 1 10762 57 1 4 10277 -1 30 0 2 9269 53 10 18 11663 12019 12020 12021 12022 413 6 9 9658 54 0 13 • 11734 144 6 0 12090 128 4 3 10045 10 0 5 10045 -1 16 3 7 u J�7f • RESOLUTION NO. *G y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT H2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Part 2 of Division 15 (commencing with Section 22500) of the California Streets & Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain street lighting located therein; and WHEREAS, this City Council desires to initiate proceedings for the formation of an assessment district to be known as "Street Lighting Maintenance District No. 2" to maintain street lights to be located within the boundaries of said Street Lighting District. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby proposes the formation of an ii stict to be known as "Street Lighting Maintenance District No. 2" pursuant to the Landscaping and Lighting Act of 1972. • SECTION 2: The nature, location and extent of the street lights to be maintainJ� within "Street Lighting Maintenance District No. 2" are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: The location and extent of "Street Lighting Maintenance District No. 2" is more particularly described in Exhibit "A" attached hereto and incorporated herein, and this City Council hereby specified the designation "Street Lighting Maintenance District No. 2" for said district. SECTION 4: The City Engineer is hereby authorized and directed to cause the preparation and filing of a report with respect to the formation of Street Lighting Maintenance District in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the California Streets and Highways Code. PASSED, APPROVED, and ADOPTED this 15th day of June, 1963. AYES: NOES: ABSENT: Jon D. Mikels, Mayor i EXHIBIT "A" • Properties and improvements to be included within Street Lighting Maintenance Districts 1 and 2: TRACT # NO. OF DWELLING UNITS ARTERIAL LIGHTS LOCAL LIGHTS 10491 20 0 8 9539 18 0 5 9584 52 0 15 9584 -1 47 12 19 9584 -2 45 0 15 10569 42 0 11 9638 25 5 14 11350 117 7 0 11609 12 4 4 9441 72 0 32 11696 7 0 1 10762 57 1 4 10277 -1 30 0 2 9269 53 10 18 11663 12019 12020 12021 12022 413 6 9 9658 54 0 13 • 11734 144 6 0 12090 128 4 3 10045 10 0 5 10045 -1 16 3 7 E E • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician O C x Rill SUBJECT: Setting Public Hearing on July 20, 1983 for the Intention to Vacate an Alley located between Red Hill Country Club Drive and Foothill Blvd. requested by the Gera] Evans, developer of D.R. 83 -08 Development Review 83 -08 for the development of a 3,858 square foot auto service building on .37 acre of land in the C -2 zone located on the north side of Foothill Blvd. 750 feet west of Grove Avenue was approved by Planning Commission on May 11, 1983. The design of this project includes a portion of the alley, therefore approval of this project as proposed is contingent upon the vacation of the alley along the north and east of the project boundary. All properties adjacent to the alley have access on Red Hill Country Club Drive or Foothill Blvd. RECOMMENDATION It is recommended that City Council adopt the attached resolution setting the Public Hearing on July 20, 1983 for the vacation of the above described alley. Respectfully submitted, LSH: :jaa Attachment I�J 0 s 1 RED ULL WONTRY CLUB 5P�T mcTIN E 30 K bFFM I 2 TO BE VACATED - m m m - CITY 01: RANCI 10 CUCAMONGA A t 't 'P; ENGINEERING DIVISION VICINITY NAP N im p =g 25 43 (D 47 49 10 11 42 113 x 41 (D- v O 39 0 40 k SAN DEANARD1N0 @4 TO BE VACATED - m m m - CITY 01: RANCI 10 CUCAMONGA A t 't 'P; ENGINEERING DIVISION VICINITY NAP N im p =g RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A 20 FOOT ALLEY ADJACENT TO LOTS 2 THROUGH 12 OF TRACT NO. 2521 GENERALLY LOCATED BETWEEN FOOTHILL BOULEVARD AND RED HILL COUNTRY CLUB DRIVE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION! 1: That the City Council hereby elects to proceed under Section 8300, et. seq., of the Streets and Highways Code, also known as the Street Vacation Act of 1941. SECTION 2: That the City Council hereby declares its intention to vacate the alley adjacent to lots 2 through 12 of Tract No. 2521 generally located between Foothill Boulevard and Red Hill Country Club Drive, a City street, as shown on Map No. V -028 on file in the Office of the City Clerk, a legal description of which is attached hereto marked Exhibit "A" and by reference made a part hereof. SECTION 3: That the City Council hereby fixes Wednesday, the 20th • day of July, i98 , at 7:30 p,m., in the Lions Park Community Center Building, located at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation for the purpose of its determining whether said City street is necessary for present or prospective street purposes. Is SECTION 4: That the City Street Superintendent shall cause notices to be posted conspicuously along the line of the street or part thereof proposed to be vacated at least 10 days before the hearing, not more than 30 feet apart and not less than three signs shall be posted, each of which shall have a copy of this resolution on them and shall have the following title in lettering not less than one inch in height: "NOTICE OF HEARING TO VACATE STREET ". SECTION 5: The subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 6: The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause 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 ntario, Ca i ornia, and circulated in the City of Rancho Cucamonga, California. 110 G EXHIBIT "A" LEGAL DESCRIPTION OF ALLEY FOR PROPOSED VACATION: All of the alley(s) adjacent to Lots 1 through 12 inclusive as shown on tract 252i, as recorded in map book 36, pages 37 & 38, County of San Bernardino, State of California. E • �17 CITY OF RANCHO CUCAMONGA STAFF REPORT n DATE: June 15, 1983 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician ��,,o �uw.NOyc9 a i > Ix F j SUBJECT: Request to Continue Public Hearing for the Vacation of a Portion of 7th Street located on the south side of 7th Street, east of Center Avenue 1977 California Finished Metals has requested additional time to submit the bonds and agreement required for the improvement to 7th Street prior to the vacation. Therefore, the public hearing for the vacation should be continued until July 6, 1983. tfully submitted • Iii rte tL -v- 6 -K3 • RESOLUTION NO. * "� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATIO^! OF A PORTION OF 7TH STREET WHEREAS, by Chapter 4, Article 1, Section 9330, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the City street hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that a portion of 7th Street is unnecessary for present or prospective public street purposes. BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby makes its order vacating that portion of street on Map V -025 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A ", and by reference made a part • thereof. SECTION 2: That from and after the date the resolution is recorded, said portie�th Street no longer constitutes a street or public utility easement. SECTION 3: The City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 16th day of March, 1963. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: 1p Lauren M. Wasserman, City Clerk • • k] STAFF REPORT f�GATE: June 15, 1983 TO: City Council and City Manager 197 FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Public Hearing to Approve Granting of Easements Across 8th Street for Railroad Spur Purposes in Connection with Parcel Map 6194 Cadillac- Fairview has requested that the City grant railroad easements across 8th Street to provide for railroad spur lines from the Atchison, Topeka and Santa Fe Railroad track to serve their property to the south. This rail service will be needed in the near future, These easements as shown on the attached map and described in the attached legal descriptions will be reserved for railroad spur use when 8th Street is abandoned. The abandonement for 8th Street is on tonight's agenda. RECOMMENDATION It is recommended that City Council adopt the attached resolution granting the above described easements. Respectfully subryitted, LB M:jaa Attachments tIf- C C • RECORDING REQUESTED BY AND WHEN' RECORDED MAIL TO: Allen, ^catkins, Lock, Gamble & Mallory 515 S. Figueroa Street, Suite 800 Los Angeles, CA 90071 Attention: Richard C. Mallory, Esc. L GRANT OF RAILROAD EASEMENTS OVER EIGHTH STREET THIS GRANT OF RAILROAD EASEMENTS OVER EIGHTH STREET is executed as of June , 1983, by The City of Rancho Cucamonga, California (the "CitTT with reference to the following facts: A. The City has rights by grants and the operation of law in that certain parcel of real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, commonly known as and hereinafter referred to as "Eighth Street." The City contemplates the abandonment of Eighth Street (the "Abandonment "). B. Cadillac Fairview /California, Inc., a California corpo- ration ( "CF "), is the owner of those certain parcels of real • property in the City of Rancho Cucamonga, County of San Bernardino, State of California, hereinafter referred to as "Parcel 23," "Parcel 24," Parcel 2," "Parcel 26" and "Parcel 27" as more particularly described in Exhibit A attached hereto. CF and any subsequent holder of fee title to such parcels shall hereinafter sometimes he referred to respectively as "Parcel 23 Owner," "Parcel 24 Owner," "Parcel 25 Owner ", "Parcel 26 Owner" and "Parcel 27 Owner." C. CF has requested that the City grant easements over Eighth Street for the purpose of passing rail cars, rolling stock and freight to and from such Parcels. NOWe THEREFORE, in consideration of the foregoing, and for other valuable consideration, the receipt and sufficiency of which is herby acknowledged: 1. Grant of Easements. The City hereby grants the follow- ing irrevocable easements: (a) To Parcel 23 Owner, Parcel 24 Owner, Parcel 25 owner, Parcel 26 Owner and Parcel 27 Owner, respectively, for the CJ J C t benefit of, and appurtenant to Parcel 23, Parcel 24, Parcel 25, • Parcel 26 and Parcel 27, perpetual easements and rights -of -way to: (1) Construct, maintain, operate, replace, renew and enlarge railroad spur tracks and related improvements (together with replacements and improve- ments thereto) (the "Easement Tracks ") for the benefit of and appurtenant to Parcel 23, Parcel 24, Parcel 25, Parcel 26 and Parcel 27 within that portion of Eighth Street more particularly described in Exhibit S attached hereto ( "Easement Area ") and construct, maintain, operate, replace, renew and enlarge connections and related improvements (the "Switches ") within the Ease- ment Area; (2) Use the Easement Tracks and the Switches and pass railroad cars, rolling stock and freight over, across and upon the Easement Area for the purpose of providing railroad access to and from the trackage located adjacent to and North of Eighth Street, and Parcel 23, Parcel 24, Parcel 25, Parcel 26, and Parcel 27; (3) Grant any easement or lesser right • to use the Easement Tracks and the Switches to a provi- der of rail service, if such right shall be a condition to providing rail service to and from Parcel 23, Parcel 24, Parcel 25, Parcel 26 or Parcel 27; and (4) Enter upon the Easement Area at such time as Parcel 23 Owner, Parcel 24 Owner, Parcel 25 Owner, Parcel 26 Owner or Parcel 27 Owner deems neces- sary to maintain the Easement Tracks, provided that such exercise shall not unreasonably interfere with the use of Eighth Street as a public road until the Abandonment or with the rights of Parcel 23 Owner, Parcel 24 Owner, Parcel 25 Owner, Parcel 26 Owner, Parcel 27 Owner, as granted herein. (b) The City hereby reserves to itself the right, without expense to or unreasonably interfering with the respec- tive rights of Parcel 23 Owner, Parcel 24 Owner, Parcel 25 Owner, Parcel 26 Owner or Parcel 27 Owner hereunder, to establish, maintain and use, from time to time, across, under and over the Easement Area such sewers, drains or drain pipes, utilities, wires, pipes and pipelines, poles and pole lines and easements (together with such access rights as may be reasonable and neces- sary to permit such establishment, maintenance and use) as the City reasonably deems necessary or desirable; provided such sewer, • drains or drain pipes, road crossings, utilities, wires, pipes -2- H! C � • and pipelines, poles and pole lines and easements are made ex- pressly subject to the easements granted herein. .2 2. Subject To. The easements and rights granted herein are subject to all easements, restrictions, conditions, covenants, liens and encumbrances of record. 3. Easements Run with Land. The easements granted hAein shall be binding upon the City and any of its successors and assigns and shall burden Eighth Street. The easements con- tained herein shall inure to the benefit of Parcel 23 Owner, Parcel 24 Owner, Parcel 25 Owner, Parcel 26 Owner and Parcel 27 Owner and such easements shall run with Parcel 23, Parcel 24, Parcel 25, Parcel 26, and Parcel 27. 4. Scone of Easements The easements granted herein are for the use and benefit of Parcel 23 Owner, Parcel 24 Owner, Parcel 25 Owner, Parcel 26 Owner, and Parcel 27 Owner, respective- ly, and the respective lessees of any portion of Parcel 23, Parcel 24, Parcel 25, Parcel 26, or Parcel 27. No such lessee shall have any right to consent to or approve any amendments, modification or termination hereof. 5. Non - Interference. No walls, fences, grade differ- entials or other barriers or physical conditions which create an impediment to the use and enjoyment of the easements and rights granted herein shall be constructed or permitted to remain in or upon Eighth Street. 6. Antimer. er. In the event that the fee or any lesser estate in 77 the Easement Area and (ii) any Parcel which is benefited by such easement are held by the same person or entity, such easement shall not merge and extinguish, but shall remain appurtenant to the benefitted parcel. 7. Representation and Warranty by the City. The City hereby represents and warrants that it has duly authorized the easements and rights granted herein. 8. Covenant by the City. The City hereby covenants that upon the Abandonment it will reserve all easements and rights set forth herein for the benefit of each respective Parcel Owner. General. (a) The provisions of this Grant of Railroad Easements shall not be deemed to constitute a dedication for public use nor to create any rights in the general public. -3- C t (b) No supplement, modification or amendment • of this Grant of Railroad Easements shall he binding unless in writing and executed by the City and the Parcel Owners affected thereby. IN WITNESS WHEREOF, the City has caused this Grant of Railroad Easements to be executed as of the date first set forth above. The City of Rancho Cucamonga By _4_ bs:6 /1/83 12469 Al -7 ��c C C • EXHIBIT A Description of Property Owned by Cadillac Fairview /California, Inc. That certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: Parcel 23: Parcel 23 of Amending Parcel Map No. 6194, as shown on the Map filed in Book 66 of Parcel Maps, Pages 66 through 70, in the Official Records of said County. Parcel 24 Parcel 24 of Amending Parcel Map No. 6194, as shown on the Map filed in Book 66 of Parcel Maps, Pages 66 through 70, inclusive, in the Official Records of said County. • Parcel 25 of Amending Parcel Map No. 6194, as shown on the Man filed in Book 66 of Parcel Maps, Pages 66 thru 70, inclusive, in the Official Records of said County. E Parcel 26: Parcel 26 o' Amending Parcel Map No. 6194, as shown on the Map filed in Pon'r. 66 of Parcel Maps, Pages 66 thru 70, inclusive, in the Official Records of said County. on .n.l 97. Parcel 27 of Amending Parcel Map No. 6194, as shown on the Map filed in Book. 66 of Parcel Maps, Pages 66 thru 70, inclusive, in the Official. Records of said County. re:06 /l /e3 #2469 A5 r, C C EXHIBIT B • Eighth Street Easement Area That certain portion of land known as 8th Street (60 feet wide) declared to be a Public Highway at Action of the County of San Bernardino, Board of supervisors on October 4, 1892 and numbered a4 Action No. 185, on file in the office of the Clerk of the Board of said County said land being in the City of Rancho Cuca- monga, County of San Bernardino, State of California, together with the land described in a grant deed to said County and recorded as Document No, 46 on March 14, 1974 in Book 8387, Page 57 of Official Records of said County. EXCEPT therefrom that portion lying westerly of the Northerly projection of the Westerly line of Parcel 23 of Parcel Map 6194, Amending Map, in said City filed in Parcel Map Book 66, Pages 66 thru 70 inclusive in the office of the County Recorder of said County, said line bears North 4° 14° 49" East. ALSO EXCEPT that portion lying East of the northerly projection of the Easterly line of Parcel 27 of Parcel Map 6194, Amending • Map, in said City filed in Parcel Map Book 66, Pages 66 thru 70 inclusive in the office of the County Recorder of said County, said line bears North 0° 06° 28" West. re; 06 /1/83 #2469 A6 1vJ is KoRJ:e :V /4/G.7/' I Iw ^ f J� - -- -- io 4• I I � � l ' � �. -- --✓ Iii „ 1 4 -� � I lilt \ ��: � � � •, �� a ti w �7GJ' iLIMIUN7 �l[ev� .r,vJS ev�,vu� .✓av�c'r�:r sry NO'OG m iY 14" �. EXIII ©IT 6 EASEMENT AREA loop, • I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: John Martin, Assistant Civil Engineer GtG'h0j,' C J IIF 1977 SUBJECT: Ordering the Vacation of Eighth Street from Haven Avenue to 2,500 feet + east of Milliken Avenue (Cadillac- Fairview and O'DOnnell- Brigham) The Industrial Specific Plan allows the vacation of Eighth Street (or portions thereof) from Haven Avenue to 2,500 feet + east of Milliken Avenue as requested and required for rail spur services. Upon completion of Sixth Street within Assessment District 82 -1, Eighth Street can be abandoned without adversely affecting circulation in this area. The companies of Cadillac - Fairview and O'Donnell- Brigham have requested that the City vacate Eighth Street so that they may plan for rail spur tracks. This request concurs with City plans and policy. The City Council declared its intention to vacate Eighth Street on April 20, 1983. Since that date, Staff has not received adverse comments to the vacation. Staff has worked with utility companies and developers for the reservation of easements within the right -of -way to be vacated. RECOMMENDATION Attached is a resolution ordering the vacation of the above described right - of -way. If Council is in agreement with the subject vacation, the City Clerk shall cause a certified copy of the Resolution to be recorded in the Office of the County Recorder of San Bernardino County, California. Respectfully submi yted, LBO: Jyf: jjaa Attachments 15 g jv� CITY OF RANCHO CUC IONGA EIC:HTH St WACAT16#4 ENGINEERING DIVISION N VICINITY NIAP RESOLUTION NO. * `P2' = A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, 8TH STREET LOCATED FROM HAVEN AVENUE To 2,500 FEET t EAST OF MILLIKEN AVENUE WHEREAS, by Resolution No. 83 -47 passed on April 20, 1983, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularly described, and set the hour of 7:30 p.m. on June 15, 1983, in the Lions Park Community Center Building, located at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds all the evidence submitted that a portion of Eighth Street is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that portion of said City street as shown on Map No.V -026 on file in the office of • the Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A ", 'and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and exceptions, i any, set forth in Exhibit "B ", which is attached hereto and by reference made a part hereof. SECTION 3: The Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ro EXHIBIT "A" LEGAL DESCRIPTION OF THE • ABANDONMENT OF BTH STREET BETWEEN HAVEN AVENUE AND 2500 FEET, MORE OR LESS, EAST OF MILLIKEN That certain portion of land known as 8th Street (60 feet wide) declared to be a Public Highway at Action of the County of San Bernardino, Board of Supervisors on October 4, 1892 and numbered as Action No. 185, on file in the office of the Clerk of the Board of said County said land being in the City of Rancho Cucamonga, County of San Bernardino, State of California, together with the land described in a grant deed to said County and recorded as Document No. 46 on March 14, 1974 in Book 8387, Page 57 of Official Records of said County. EXCEPT therefrom that portion lying westerly of the Northerly projection of the Westerly line of Parcel 23 of Amended Parcel Map 6194 in said City filed in Parcel Map Book 66, Pages 66 thru 70 inclusive in the office of the County Recorder of said County, said line is shown as bearing North 40 141 49" East, per said Map. ALSO EXCEPT that portion lying East of the Northerly projection of the East line ol- Parcel Map 7797 in said City filed in Parcel Map Book 80, Pages 29 thru 32 inclusive in said Recorders Office • said line is shown as bearing North 00 20' 30" East, per said Map. ri U 1612 • EXHIBIT "B" RESERVATIONS AND /OR EXCEPTIONS FOR THE VACATION OF EIGHTH STREET FROM HAVEN AVENUE TO 2,500 FEET, MORE OR LESS, EAST OF MILLIKEN AVENUE RESERVING AND EXCEPTING THE FOLLOWING NON- EXCLUSIVE EASEMENTS OVER THE LAND DESCRIBED IN EXHIBIT "A ": UNTO the City of Rancho Cucamonga 25.00 foot wide easements for the right, at any time to construct, maintain, operate, replace, renew and enlarge storm drain facilities and appurtenances for the operation and /or transmission of storm water flows being the North 25 feet of said street lying East of the Easterly line of the land described in a resolution by said City (No. 83 -53) recorded as Document No. 83- 104613 on May 13, 1983; together with 25 foot wide strips of land lying 12.5 feet on each side of the lines described as follows: LINE 'A' Beginning at a point on a line parallel with and one foot South of the centerline of Eighth Street, distant thereon, 75.00 feet east of the intersection thereof, with the centerline of Utica Avenue projected; thence Easterly 2300 feet along said parallel line. LINE 'B' Beginning at a point on the South Right of Way line of the Atchison, Topeka and Santa Fe Railway Company (100 feet wide) distant thereon 53.36 feet Easterly thereon from the centerline of Utica Avenue; thence South 290 31' 52" • East 9.82 feet to the beginning of a tangent curve concave Northeasterly having a radius of 45 feet and a central angle of 60°; thence Southeasterly along said curve an arc length of 47.12 feet, to the point of beginning of Line 'A' described above. LINE 'C' Beginning at a point on the North Right of Way line of said Railway distant thereon 12.00 feet East of the centerline of Vincent Avenue projected; thence South 00 03' 40" East 86 feet to the beginning of a tangent curve concave Northwesterly having a radius of 45.00 feet and a central angle of 90° 12' 60 "; thence Southwesterly along said curve an arc length of 70.85 feet. EXCEPT that portion lying within said Railway Right of Way. LINE 'D' Beginning at a point on a line parallel with and one foot South of the centerline of Eighth Street distant thereon 32 feet East of the east line of Parcel 26 of said Amended Parcel Map No. 6194 described in EXHIBIT "A "; thence North 600 28' 08" East 24.36 feet to the beginning of a tangent curve concave Northwesterly having a radius of 45.00 feet and a central angle of 600 31' 31 "; thence Northeasterly along said curve an arc length of 47.54 feet. EXCEPT that portion lying within said Railway Rights of Way. ALSO EXCEPT that portion lying within Line 'A' described above. LINE 'E' Beginning at a point on the North line of Parcel 25 of said Amended Parcel Map No. 6194, distant thereon 15.88 feet East of the West line thereof; thence North 00 23' 27" East 6.5 feet to the beginning of a tangent curve concave Southeasterly having a radius of 22.50 feet and a central angle of 39 0 59' 41 "; thence Northeasterly along said curve an arc length of 35.34 feet. Page 1 of 4 /o 3 LINE 'F' Beginning at a point on said North line of said Parcel No. 25 distant there,, 9.12 feet East of said West line; thence North 00 28' 27" East . 6.5 feet to the beginning of a tangent curve concave Southwesterly having a radius of 22.5 feet and a central angle of 900 00' 19 "; thence Northwesterly along said curve an arc length of 35.34 feet. EXCEPT that portion lying within Line 'A' described above. NOTE: The sidelines of said 25.00 foot easement lines 'A' thru 'F' inclusive to be extended or shortened to meet any angle point and to terminate at the beginning and ending points so stated. AND UNTO: the Southern California Edison Company the South 25 feet of said Eighth Street an Easement for the right, at any time to construct, maintain, operate, replace, renew and enlarge lines of pipe, conduits, cables, wires, poles and related appurtenances for the operation and /or transmission of telegraph, telephone or electric energy; TOGETHER with that portion of said Document No. 46 described in Exhibit 'A' lying Easterly of said line bearing North 40 14' 49" East. AND UNTO the Atchison Topeka and Santa Fe Railway Company the North 25 feet of said Eighth Street an Easement for the right at any time to construct, maintain, operate, replace, renew, and enlarge railway lines and related appurtenances for the operation and /or transmission of railway traffic. AND UNTO the General Telephone Company of California a 10 foot strip of land for an easement for the right at any time to construct, maintain, operate, replace, renew, and enlarge lines of pipe, conduit, cables, wires, poles and related appurtenances for the operation and /or transmission of telegraph, • telephone or electric energy, the centerline of said strip described as follows: Beginning at a point on the centerline of Haven Avenue being 22 feet North of the centerline of Eighth Street; thence Easterly parallel with and distant 22 feet North of said centerline of Eighth Street (measured at right angles) to a point 55 feet East of the centerline of Milliken Avenue; thence South parallel with said centerline of Milliken Avenue to the South line of said Eighth Street. NOTE: The sidelines of said 10 foot Easement to be extended or shortened to meet at angle points and and to terminate at said south line. AND UNTO the owners of property described as Parcel No. 1 of Parcel Map No. 7555 in said City filed in Parcel Map Book 77 Pages 42 and 43 and as Parcels 1 and 3 of Parcel Map No. 5760 in said City filed in Parcel Map Book 54, Pages 53 thru 56 and as Parcels 1, 2 and 3 of Parcel Map No. 7797 in said City filed in Parcel Map Book 80, Pages 29 thru 32, and as Parcel number 1 of Parcel Hap No. 6585 in said City filed in Parcel Map Book 62, Psges 77 and 78, an Easement for railroad spur tracks, for the right at any time to construct, maintain, operate, replace, renew and enlarge railroad spur track facilities and appurtenances for the operation and /or transmission of railroad traffic.Said e:seTent being more particularly decribed in a Resolution of the City Council of said City (No. 83 -53) recorded as Document No. 83- 104613 on May 13, 1983. Page 2 of 4 • )ir )� •AND UNTO the owners of Parcel 23, Parcel 24, Parcel 25, Parcel 26 and Parcel 27 of Amending Parcel Map No. 6194 as shown on the map filed in Book 66, Pages 66 through 70, inclusive, Official Records of San Bernardino County, an easement for railroad spur tracks, including the right at any time to construct, maintain, operate, replace, renew and enlarge railroad spur track facilities and appurtenances for the operation and /or transmission of railrcac traffic. Said easement is more particularly described in a Resolution of the City Council of said City dated June 15, 1983 (No. 83- ), recorded as Document No. 83- on 1983. AND UNTO the City of Rancho Cucamonga the area bounded on the West by the Northerly projection of the West line of Milliken Avenue and on the East by the Northerly projection of the East line of Milliken Avenue as shown on said Parcel Map No. 7555 for the right to construct, maintain and operate an overpass bridge. • &- Page 3 of 4 AND UNTO, Chino Basin Municipal 'Water District, an Easement for the right at • any time to construct, maintain, operate, replace, renew, or enlarge . pipelines, mains and /or surface structures for the purpose of conveying waste- water, liquids or semi - liquids and to otherwise maintain and operate sewer line facilities and appurtenances for the transmission of wastewater flows within a strip of land 25 feet wide, the centerline of said strip of land being described as follows: BEGINNING a= the intersection of a line parallel with and distant Southerly 11.00 feet measured at right angles from the Centerline of Eighth Street (60 feet wide) with the Northerly projection of the Westerly Line of Parcel 23 of Parcel Map 6194 filed in Book 66, Pages 66 through 70 of Parcel Maps in the office of the County Recorder of San Bernardino County (said line having a bearing of North 40 14' 49" East); thence Easterly along said parallel line to the Northerly projection of the Easterly Line of Parcel Map 7797 filed in Book 80, Pages 29 through 32 of Parcel Maps in said County Recorders Office (said line having a bearing of North 00 20' 30" East). The side lines of said strip of land are to be lengthened or shortened so as to terminate Westerly in said Northerly projection of the Westerly Line of Parcel 23 of Parcel Map 6194 and Easterly in the Northerly projection of said Easterly Line of Parcel Map 7797. AND ALSO within a strip of land 25 feet wide, the Centerline of said strip of land being described as follows: BEGINNING at the intersection of a line parallel with and distant Southernly . 11.00 feet measured at right angles from the Centerline of Eighth Street (60 feet wide) with a line parallel with and distant Easterly 833.00 feet measured at right angles fromthe Centerline of Haven Avenue; thence North along said last mentioned parallel line to the North Line of said Eighth Street (60 feet wide). The side lines of said strip ofland shall be lengthened or shortened so as to terminate Southerly in the North Line of said first described strip of land and Northerly in the North Line of said Eighth Street. AND ALSO within a strip of land 25 feet wide, the Centerline of said strip of land being described as follows: BEGINNING at the intersection of a line parallel with and distant Southerly 11.00 feet measured at right angles from the Centerline of Eighth Street (60 feet wide) with a line parallel with and distant 'Westerly 40.00 feet measured at right angles from the East Line of Section 12 and 13 of Township 1 South, Range 7 'West, San Bernardino Base and Meridian; thence Northerly along said last mentioned parallel line to the North line of said Eighth Street (60 feet wide). The side lines of said strip of land shall be lengthened or shortened so as to terminate Southerly in the North line if said first described strip of land and Northerly in the North lines of said Eighth Street. I 4 of 4 Page IL_U RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING EASEMENTS ACROSS EIGHTH STREET FOR RAILROAD SPUR PURPOSES WHEREAS, the City Council of the City of Rancho Cucamonga hereby elects to proceed under Government Code Sections 37350 and 37351; and WHEREAS, the City Council hereby elects to grant easements across Eighth Street for use as railroad spur tracks, the legal description of which is attached and marked Exhibit "A ", along with Map marked Exhibit "B" and by this reference made a part of. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga grants easements across Eighth Street for use as railroad spur tracks to the owners of Parcel 23, Parcel 24, Parcel 25, Parcel 26 and Parcel 27 of Amending Parcel Map No. 6194, as shown on the Map filed in Book 66 of Parcel Maps, Pages 66 through 70, in the Official Records of the County of San Bernardino. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: ►•NOES: ABSENT: ATTEST: Lauren M. Wasserman, Cork I� i Jon D. Mikels, Mayor EXHIBIT "A" r Eighth Street Easement Area • That certain portion of land known as 8th Street (60 feet wide) declared to be a Public Highway at Action of the County of San Bernardino, Board of Supervisors on October 4, 1982 and numbered as Action No. 185, on file in the office of the Clerk of the Board of said County said land being in the City of Rancho Cucamonga, County of San Bernardino, State of California, together with the land described in a grant deed to said County and recorded as Document No. 46 on March 14, 1974 in Book 8387, Page 57 of Official Records of said County. EXCEPT therefrom that portion lying westerly of the Northerly projection of the Westerly line of Parcel 23 of Parcel Map 6194, Amending Map, in said City filed in Parcel Map Book 66, Pages 66 through 70 inclusive in the office of the County Recorder of said County, said line bears North 40 140 49" East. ALSO EXCEPT that portion lying East of the northerly projection of the Easterly line of Parcel 27 of Parcel Map 6194, Amending Map, in said City filed in Parcel Map Book 66, Pages 66 through 70 inclusive in the office of the County Recorder of said County, said line bears North 00 060 28" West. •r i' i �l i Y� n IQ V. • ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.08 THERETO PROHIBITING CERTAIN NUDE CONDUCT IN ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEV- ERAGES FOR ON PREMISES CONSUMPTION, AND DE- CLARING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Title 9 of the Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 9.08 thereto to read as follows: Sections: • 9.08.010 9.08.020 9.08.030 9.08.040 Chapter 9.08 CERTAIN NUDE CONDUCT PROHIBITED Nude Conduct in Establishments serving Alcoholic Beverages Unlawful. Procuring Nude Conduct in Establishments Serving Alcoholic Beverages Unlawful. Penalty for Violation. Exceptions. 9.08.010 Nude Conduct in Establishments serving Alcoholic Beverages Unlawful. It shall be unlawful for any person who acts as a waiter, waitress, or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establishment which serves alcoholic beverages for consumption on the premises of such establishment. 9.08.020 Procurina Nude Conduct in AJ.conoilc UeVer'aae5 Un lawtUl. It Snail be Unlawtui Tor any person to permit, procure, counsel or assist another person who acts as a waiter, waitress, or entertainer, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establish- ment which serves alcoholic beverages fot consumption on the pre- mises of such establishment. 9_08.030 Penalty for Violation. Every person who violates the provisions of Section 9.08.010 or 9.08.020 of this Chapter is guilty Of a misdemeanor. 1 61 7 9.08.040 Exceptions. This Chapter shall not apply to a thea- ter, concert hail, or similar establishment which is primarily • devoted to theatrical performances. All the words used in this Chapter which are also used in California Penal Code Section 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in said Sections 318.5 and 318.6. SECTION 2: The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional, then all other provisions thereof shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circula- tion, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this day of 1983. AYES: NOES: ABSENT: ATTEST: City Clerk 1("q • C J 0 0 11 Uar a yr nn Nvu V uuui IVIvivu� MEMORANDUMS. June 10, 1983 Oil 1977 TO: City Council FROM: Beverly Authelet Deputy City Clerk SUBJECT: Item 5B, An Ordinance Amending the City's Animal Control Ordinance and Approval of Fees. Because the ordinance and resolution was not available at the time the Agenda was being assembled, it will be delivered to you the first of next week. ba Inc i B.zA-' & lliw hi' " TO� JAH ES OnNK S.JR TMOVAS o .'TC.iC A� 23 May 1983 Mr. James Robinson Assistant City Administrator City of Rancho Cucamonga post office Box 807 Rancho Cucamonga, California 91730 Re: Community Advisory Committee Dear Jim: 99 C STREET, 5111E 108 PO Si Of.iC[ BO% 21B V v�AN O�CALIf C�N�A 91)86 I)i�' 961 -C9 ]i As you recall, the Community Advisory Committee directed me to prepare a proposed resolution which did not attack the approved 30 du /ac project in Alta Loma (north of Baseline, west of Archibald) but which might prevent a reoccurrence. I gave this task considerable thought and vacillated back and forth between a very specific statement on the one hand or a more general expression of intent on the other. I drafted one resolution of each type. After long reflection I decided it may be best to begin with a more general expression no I have enclosed that resolution for the May 26 agenda. I am sending the more specific resolution to Sharon Romero, Chair, to do with as she deems best. j S i�n/c ee_j,"/e�ly, \ _ . JAMES BAdICo, JR. JBJ: cr Enclosures cc: Sharon Romero (with enclosure) PROPOSED RESOLUTION 0 The Community Advisory Commission advises the City Council that: (1) The residents of Rancho Cucamonga are strongly opposed to residential densities in excess of twenty -four (24) dwelling units per acre in any part of the city under any circumstances. (2) The residents of Rancho Cucamonga have a strong determination to keep no less than 94% of the residential land to be developed at densities less than twelve (12) dwelling units to the acre. (3) The prevailing attitude of the residents of Rancho Cucamonga is that developers desiring to build more than four (4) dwelling units to the acre should have very strong restrictions imposed, particularly designed to minimize the impacts of these higher densitites on lower densities already existing within one (1) mile of the proposed higher density project. ��77 (4) The r Qdent4 f •a�8.3nning policy which limits 4P the Zi �1 t�dt� p elation to 150,000 or less reswit _ c ent boundaries of the city. 0 • i CITY OF RANCHO CUCAMONGA STAFF REPORT June 15, 1983 TO: City Manager and Members of the City Council FROM: Jim Robinson, Assistant City Manager SUBJECT: Consideration of a Request by the Advisory Commission At its regular meeting of May 26, 1983, the Advisory Commission expressed concern regarding certain densities within the City of Rancho Cucamonga. Their concerns are outlined in the attached minutes of the May 26, 1983 meeting. In summary, the Advisory Commission recommended that points (1), (2), and (3) of the letter dated May 23, 1983 from Jim Banks, regarding opposition to existing densities, be forwarded to the City Council for consideration at our regular Council meeting of June 15, 1983. Members of the Advisory Commission will be present to respond to any specific questions that the City Council may have regarding this issue. JR:mk Attachments 17d- . RANCHO CUCAMONGA ADVISORY COMMISSION MINUTES May 26, 1983 1. CALL TO ORDER. The regular meeting of the Rancho Cucamonga Advisory Commission was held at Lions' Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:10 p.m. by Chairman Sharon Romero. 2, ROLL CALL. Present: Sharon Romero, Sally Riehn, T. Farrell Allen, Pam Henry, Nacho Gracia, Glenn. Rankin, Joe White, Don Baer, Jim Banks, Jim Mendez, and Neil Westlotern. Absent: Anne Calinsky, Paul Saldana, Livia Valiance, and Pete Pitassi. Also Present: Jack Lam, Community Development Director and Tim Randle, Senior Planner. • 3. APPROVAL OF MINUTES. A motion was made by Joe White, seconded by Don Baer and unanimously carried to approve the minutes of April 28, 1983. Since Jim Banks had not arrived at this point, it was decided to proceed to New Business since he had originally requested Dwelling Unit Density issues be placed on the agenda. NEW BUSINESS A. Sally Riche asked, in view of the recent earthquake in Coalinga, if the City had a coordinated disaster plan in this area. Mr. Lam replied that Bill Holley, Community Services Director, was in charge of this and could make a presentation to the Advisory Commission at the next meeting. B. Joe White had tickets available for the Etiwanda Scholarship dance, Friday, June 3, if anyone present was interested. C. Pam Henry mentioned that a survey was being conducted door -to -door in her area regarding Wild Fire Hazard. Some questions asked of her were: responsibility, if assessments were established, and requirements. Mr. Lam stated the County of San Bernardino had participated in a program and the results would be incorporated into this area. Mr. Lam stated that fire retardant roofs are required by all structures in the City. Pam stated that one suggestion was planting certain type, of vegetation. Tim Beedle stated the study areas all lie north or the city. I-7� Advisory Commission Minutes May 26, 1983 D. Sharon Romero asked if cable companies were hooked up to satellites. Don Baer added that Croup W would not come into the area because they needed existing lines. Mr. Lam stated there is no hook up. Don Baer wondered why developers don't include lines in their projects. Jack Lam replied that Lyon Company and Lewis homes are looking into their own cable companies. He also stated that Robert Rizzo can provide more information on cable TV. Jim Banks arrived at 7:30 p.m. It was established that the June 23 regular meeting of the Advisory Comission would be held. There would be a recess for July and August subject to call by the Chair. Nacho Gracia arrived at 7:35 P.m. Nacho Gracia asked about the Park Advisory Committee looking at the General Plan regarding parks. He wanted to give input regarding North Town park area designation in the General Plan. The Park Committee was to look into the area in front of Cucamonga Middle School. Pam Henry stated the Park Committee was setting priorities. This was not on the General Plan, but they would be looking at this issue now. 4. STAFF REPORTS. A. DWELLING UNIT DENSITY ISSUES Jim Banks stated at first he prepared a very detailed resolution regarding dwelling unit densities, but refined it and the compromise result was sent to Jim Robinson. He also brought up the May 4 issue of the Highlander Community News, Point of View Section and noted that all those intereviewed except one felt density was the main problem. Sharon asked what the build out figure in the General Plan was; she had heard different figures quoted. Tim replied 142,000. The reason for varying figures was that we have a density range and numbers quoted were probably quoted from opposite ends of that range. Sharon also asked how different bonuses, such as PUD, overlays, etc., affected build out. Mr. Lam replied only one project (Calmark) received a bonus. The project on Lemon was a project that wanted a density bonus, but instead the City negotiated elimination of beautification fees and fees of prior year were frozen and postponed until time of occupancy. Neil Westlotorn asked what the present projection of population is and Mr. Lam replied 142,000. Sharon Romero asked what number the schools were using. Mr. Lam replied that Alta Loma School District was using a smaller student generation number. Nacho Gracia expressed concern with people in Rancho Cucamonga who are making $1,3,000 - $15,000 per year and the fact they may never be able to own their own home. He also felt that Etiwanda and Alta Loma should have their share of • different housing. With creative financing we could have zero lot line I1 Y, Advisory Commission Minutes 3 May 26, 1983 housing in every community. Nacho wanted solution so that low income families could buy in Rancho Cucamonga and not move to other areas. Jack Lam stated the two factors may be involved in Nacho's concerns (1) density - can affect price of product. (2) subsidizing. Ray Trujillo, Los Amigos School, asked if Nacho's concern was high crime or the density of people of same economic background in one area. Nacho felt higher density provides lower cost housing. Some members expressed agreement with Nacho's concern but felt his issue was separate from densities and could be discussed at another meeting. There was a discussion of Section 8 program. Mr. Lam explained there are two section 8 programs: (1) rent for existing housing and (2) new housing, both having no future with the Federal government. Mr. Lam asked if the commission's concern was to limit dwelling units or limit the average. Jim Banks stated in item 1 he had in mind over population of the area; crowded conditions such as Los Angeles, Orange, etc. He felt it was wrong to make every area the same. Nacho felt all areas should share in higher density. Sharon Romero stated bringing in apartments in Alta Loma would totally disrupt area. • Jim Mendez asked what Sunscape range is. Mr. Lam replied 14 dwelling units per acre. Pam asked existing density of North Town, excluding Turner apartments. Tim Bundle replied 6 -8 dwelling units. Don Baer felt 6 -8 types of density should be boiled down to 3 densities: items 11 2, and 3 on the resolution. Banks stated item 2 limits land available for high density uses. Mr. Lam stated that while the General Plan can be a living document, it can be changed only three times year, two sessions general public, one session for City. The only exception is affordable housing which could be changed any time of the year. Moved by Allen seconded by White that items 1, 2, and 3 be adopted and sent to City Council as is. Carried unanimously. Moved by Baer, seconded by Riehn that items be brought to City Council at June 15 meeting. Unanimously carried. Banks requested staff prepare one to two page report on subsidized housing. 6. ADJOURNMENT There being no further business, a motion was made by Joe White, seconded by Don Baer, and unanimously carried to adjourn the meeting at 9:08 p.m. to the next regularly scheduled meeting of June 23, 1983. • I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: Mayor, Members of the City Council and City Manager FROM: Rick Gomez, City Planner _ � F v (Z 797T � SUBJECT: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO MODIFY CONDI IONAL USE ERMIT - VINEYARD ANK A request to expana their existing modular facilities with an additional 926 square feet, related parking, and an extension of time. SUMMARY: An appeal has been filed by Gilbert Rodriguez, the owner of t e real estate being utilized by the Bank for their temporary facilities. Mr. Rodriguez is appealing the Commission's decision because the he contends approval was given without his knowledge or consent. BACKGROUND: It is the Planning Division's practice to require either the property owner's signature on the application or a letter authorizing the applicant to act as his agent. In this case, neither of these two options was provided with the Bank's application. Staff contacted the Bank expressing their need for this authorization in order to proceed with the approval process. The Bank was unable to aquire Mr. Rodriguez's approval prior to the public hearing. Staff recommended continuance of this item at the May 25, 1983 public hearing. The Bank's attorney presented a copy of the tease agreement to the City Attorney. Based on the City Attorney's opinion, because of the nature of the lease agreement, in this case a ground lease, any additional approval by the property owner was unnecessary, since his signature was on the original Conditional Use Permit. The Commission proceeded with this item and approved the Bank's request. RECOMMENDATION: The Planning Commission recommends approval of the modification of Conditional Use Permit 81 -04, based on the findings within their Resolution and the information provided to them at their public hearing on May 25, 1983 concerning this item. RespRctfylly/SUbmitted, tachments: May 25, 1983 Planning Commission Staff Report May 25, 1983 Planning Commission Minutes Correspondence !%% CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 25, 1983 TO: Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Michael Vairin, Senior Planner SUBJECT: MODIFICATION OF CONDITIONAL USE PERMIT 81 -04 - VINEYARD NATIONAL BANK - regest to pan existing modular bank building by adding ex an additional 936 square feet and related parking; plus requesting an extension of time for the time limits on the modular building. This facility is located at 8158 Vineyard Avenue. SUMMARY: Attached is a written description provided by the bank which explains their need for expanding their current temporary facility. Additionally, the bank has found that they are not in a position to construct a permanent facility on this site and requests an extension of time for approval of the Conditional Use Permit. BACKGROUND: Conditional Use Permit 81 -04 was originally approved by the Commission on March 25, 1981, as listed in Resolution 81 -33. Those conditions of approval gave a one -year approval date and the requirement for submission of permanent building plans. Subsequently, on August 25, 1982, the Planning Commission approved Resolution 82 -79 which extended the expiration date to September 15, 1983 and amended the condition for the submission of permanent plans. Attached as Exhibit "B" is the existing approved site plan and the current physical layout of the site, Attached as Exhibit "C" is the proposed site plan showing the additions to the modular facility and the relocation of the displaced parking on the south side of the site. ANALYSIS: The additions are proposed to be of the same exterior u_T1T ing materials and will be constructed in a fashion to blend with the existing facility. The proposed elevations are shown in Exhibit "D ". No other changes in the facility or site are proposed at this time. The total amount of parking required for this facility would be 23 parking stalls and the site plan indicates a total of 25 parking stalls. ITEM C li7 Modification of CUP Planning Commission May 25, 1983 Page 2 • 81 -04 /Vineyard National Bank Agenda In addition to the expansion of the facility, the applicant is requesting an extension of time for keeping the modular units on this site. The current expiration of this approval is September 15, 1983. The applicant has requested an additional one -year extension. However, the applicant has indicated that they have a five -year lease on the property and would prefer to have approval to coincide with the termination of that lease, which is in 1986. If the Commission concurs that an extension of time is appropriate, amendment of condition number two of Resolution 82 -79 would also be required or eliminated. RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing to consider all public input. Resolution 82 -79 -A has been provided for your review. The dates for a new expiration date have been left blank for your action. ly sulmitted, ity Planner RG:MV:jr Attachments: I Exhibit "A" - Location Resolution 81 -33 Resolution 82 -79 Exhibit "B" - Existing Exhibit "C" - Proposed Exhibit "0" - Proposed Resolution 82 -79 -A Map Approved Site Plan Site Plan Building Elevations r c CITY OF RANCHO CUCAMONGA PLANNING DIVISION I -? P • NIORTIi HT\I:_ -C-U-p-sI -o4 TITI.t L6 C.A'f1ON Jim EXH P r • IBIT: �Scml. _ _ • Reference: CUP 81 -04 At the present time the Bank is located at 8158 Vineyard Avenue, Rancho Cucamonga, California, and has accupancy of a 5 unit modular building consisting of 3600 sq.ft. on approximately 30,000 sq.ft. of land. Our present Conditional Use permit has been renewed one time and now expires on /or about September 15, 1983. At the time the last extension was granted which was on August 20, 1982 the condition was that if a permanent facility was desired on our site then appropriate plans were to be submitted within 9 months from September 15, 1982. The City must understand that Vineyard National Bank does not own the property, we merely have a 5 year lease on the land we are using. We have no control over the development of the entire parcel, however we are continually negotiating with the property owner to allow the bank to purchase the property. We can not force him to sell it, however in the mean time we are forced to expand our facility to accomodate our customer base. Since the addition being added at this time will match the existing building we foresee no problem with our request. In addition and based upon the fact consummate the purchase of the land our existing Conditional Use permit • period of one year from its present I that we have not been able to we would ask at this time that be extended for a minimum time expiration da�te.^ / 0 I; J ,. RESOLUTION NO. 31 -33 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNTi1G COMMISSION APPROVING CONDITIONAL USE PERMIT N0, 81 -04 FOR A TEMPORARY BANK LOCATED 130 FEET SOUTH OF FOOTHILL ON WEST SIDE OF VINEYARD IN THE C-24 ZONE 0 )'�f WHEREAS, on the 6th day of February, 1981, a complete apolication was filed by Vineyard Bank for review of the above - described project; and WHEREAS, on the 25th day of March, 1981, the Rancho Cucamonga Planning Commission held a public hearing to consider the above- described project. NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as follows: SECTION 1: That the following findings can be met: 1. That the proposed use is in accord with the General Plan, and the purposes of the zone in which the use is proposed; and 4 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the • vicinity; and 3. That the proposed use will comply . th each of the applicable provisions of the Zoning Ordinance. SECTION 2: That this project will not create adverse impacts on the environment and that a Negative Declaration is issued on March 25, 1981. SECTION 3: That Conditional Use Permit No. 81 -04 is approved subject to the following conditions and attached Standard Conditions: PLANNING DIVISION 1. The temnorary Bank facility i5 approved for a one -year period frn,i occupancy and shall he rorloved frnm the ,ite and the site aopropriately restored, unless an exten <ion of time in accordance with Commission nnlicy i; aporived 0 )'�f Resolution No. 51-3' Page 2 C 2. If a permanent facility is desired on this site, then appropriate plans must be submitted within 9 months from the date of occupancy of temoorary building and to be reviewed and approved by the Planning Commission and be under construction prior to the expiration of the approval for the temporary facility, including more precise plans for the shopping center. 3. If screens are needed for roof mounted equipment, then they shall be constructed with like building materials to provide a solid screen. The final design must be submitted to and approved by the City Planner prior to issuance of building permits. ENGINEERING CONDITIONS: 4. Improvement of Vineyard Avenue with asphalt concrete pavement beyond the subject parcel shall be required as follows: a. Widen west side of the street with A.C. berm at the edge to 30 -foot half street width from north parcel line to Foothill Boulevard. b. Widen eastside of the street to provide for two • through lanes and a 5 -foot wide half left turn pocket, from south parcel line to the proposed driveway with 150 -foot incoming and outgoing flare to meet existing pavement. C. Restri oe affected lane's lines and left turn pocket to the satisfaction of the City Engineer. 5. Final plans and profiles shall show the location of any existing utility facility that would affect construction. 6. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City standards. 7. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. APPROVED AND ADOPTED THIS 25TH DAY OF MARCH, 1961, PLANNING CC'dMISSION OF THE CITY OF RANCHO CUCANONGA /` C- Richard Dahl, Chairman vft ATTEST: I -1., Secretary o�anninq Commission IG�. C RESOLUTION i.0. 82 -79 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNMG C0MMISSION APPROVING THE EXTENSION FOR CONDITICN'iL USE PERMIT NO. 81 -04 WHEREAS, an application has been filed for a time extension for the above - described project, pursuant to Section 61.0219(0)83 of the Zoning Ordinance; and WHEREAS, the Planning Commission has held a duly advertised public hearing for the above- described project; and WHEREAS, the Planning Commission conditionally approved the above - described project, SECTION 1 The Rancho Cucamonga Planning Commission has made the folloA ng findings: A. That prevailing economic conditions have caused a lack of financing and high interest rates for construction; B. That these economic conditions make it unreasonable to build at this time; C. That external physical conditions have caused delay in the start of construction; D. That strict enforcement of the conditions of approval regarding expirations would not be consistent with the intent of the Zoning Code; E. That the granting of said time extension will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: The Rancho Cucamonga Planning Commission hereby grants a time extension for the above- described project as follows: Conditional Use P -rmit 81 -04 New E %oiration Date September 15, 1963 S_ELTIG_; is The Rancho Cucanonga Planning Commission hereby amend;, Re50iution Section 3, Condition No. 2 to read as follows: 2. If a permanent facility is desired on this site, then appropriate plans must be submitted within 9 months from September 15, 1932 to be reviewed and approved by the Planning Commission and be under construction prior to the new expiration of approval for the temporary facility, including )c e • • Resuituion No Page 2 i more precise plans for the shopping cenccr. APPROVED AND AOOPTEO THIS 25TH DAY OF AUGUST, 1 932 . PLANNIIIG COMMISSION OF THE CITY OF RANCHO C'JCAiIOIICA BY: i Jeffrey .((ng; Chairmajn ATTEST: Secretary of the Planning mmission I, JACK' LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that. the foregoing Resolution was duly ano regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of August, 1982, by the following vote - to -wit: 40 AYES: COMMtISSIONERS; Rempel, Stout, Barker, ^'ciliel, ''inc, NOES: COMMISS IOYERS: None 1p ABSUi T: COMMISSIONERS: None AIRY }{ I I . � •� �. .�� . .� s• � �. zmNaoe "w msss � i� � i' �i � � � � 'i.YY�N 9 fAONl 'i brtY lYMO1tYM a11,t3N11 • Z r� ■ Ate b jp IT r 0 0 • 'tiM.'- y.rtirt" I Nv'a 3!IS � wn.a- c�tvn cyvyw+ � :lI - e V I E 1 =w ff so* �A1181T °C" [I J11ff d �� pd N: 3n�N 2 141Y3 (r. C u T c r c C e I!I c x ` III ` 1 a� �c Z ai f� I u .c Y11 is si; Eu 1j!J u!' 1 =w ff so* �A1181T °C" [I J11ff d ••••n••� wryw u' % "f'H`+ - ,^S`N011vn3"13�I•• III nR�- 4iYJry1R \^4'hV'h3i`�In i'i�F�l� I i t I�1 1 i ]a1 1 ffzb M6w iaLWATicN s • May 25, 1983 City of Rancho Cucamonga Planning Commission Rancho Cucamonga, California 91730 Re: Application of Vineyard National Bank to improve existing improvements on the corner of Foothill and Vineyard, Rancho Cucamonga Gentlemen: Attached please find a copy of the lease agreement which is currently in existence between the owner of the real estate Gilbert Rodriguez and Vineyard National Bank which is leasing •the real estate from Mr. Rodriguez. As you can see by a review of the very simple memorandum or letter agreement dated January 20, 1981 executed by the parties, the only thing that Mr. Rodriguez is leasing to the Bank is the ground. The Bank is responsible for all improvements to the site per page 2 item 10. This is a ground lease and as a result the landlord Mr. Rodriguez has nothing to say concerning any improvements on the site whatsoever. All the improvements are done in the discretion of the Bank and do not require Mr. Rodriguez's consent whatsoever. Please proceed with the application of the Bank to the Planning Commission for the appropriate consent to erect the applied for improvements. If there are any questions or problems, please feel free to contact me. Thank you. Very truly yours, BUXBAUM ^& �j11AIUTAK �-,- A aw CoXp�r,afixl / F7"9ID A. "i31t13\Ci1 DAB:pc 1 Enclosure I"v BUXBAUM & CHAKMAK May 25, 1983 City of Rancho Cucamonga Planning Commission Rancho Cucamonga, California 91730 Re: Application of Vineyard National Bank to improve existing improvements on the corner of Foothill and Vineyard, Rancho Cucamonga Gentlemen: Attached please find a copy of the lease agreement which is currently in existence between the owner of the real estate Gilbert Rodriguez and Vineyard National Bank which is leasing •the real estate from Mr. Rodriguez. As you can see by a review of the very simple memorandum or letter agreement dated January 20, 1981 executed by the parties, the only thing that Mr. Rodriguez is leasing to the Bank is the ground. The Bank is responsible for all improvements to the site per page 2 item 10. This is a ground lease and as a result the landlord Mr. Rodriguez has nothing to say concerning any improvements on the site whatsoever. All the improvements are done in the discretion of the Bank and do not require Mr. Rodriguez's consent whatsoever. Please proceed with the application of the Bank to the Planning Commission for the appropriate consent to erect the applied for improvements. If there are any questions or problems, please feel free to contact me. Thank you. Very truly yours, BUXBAUM ^& �j11AIUTAK �-,- A aw CoXp�r,afixl / F7"9ID A. "i31t13\Ci1 DAB:pc 1 Enclosure I"v January 20, 1981 Mr. Gilbert B. Rodriguez 759 N. Mountain Avenue Upland, California 91786 Re: Lease of Real Property Located at Vineyard and Foothill - Rancho Cucamonga by Vineyard Ntional Ban%: Dear Gil: This letter will serve as a written memorandum of the option you have agreed to give to Vineyard National Bank (in organization) whereby the Bank may lease a portion of the real estate which you own located at the southeast corner of Vineyard Avenue and Foothill Boulevard in the City of Rancho Cucamonga. The basic terms of the lease are as follows, all of which are • subject to review and acceptance by Comptroller of the Currency: 1. The temporary lease will commence upon the occupancy of the temporary site of the Bank. The permanent lease will commence upon the occupancy of the permanent Bank building. 2. The permanent lease will terminate twenty five (25) years from the date of commencement. 3. The Bank will have two five year options to renew the permanent lease on the same terms and conditions. Thereafter, the Bank will only have a right of first refusal to lease these premises. 9. The temporary lease will be a ground lease of thirty thousand (30,000) square feet of property, the permanent lease will be for more. 5. The Bank will have the full responsibility for obtaining all construction funds for the construction of the temporary quarters of the Bank. 6. The Bank will join with you, if appropriate, in obtaining or assisting you in obtaining the permanent financing for the construction of the permanent building for the Bank. BUXSAUM S CHAKMAK - JOOO[5'B.. rnn= C.P >EM O+.' CP'.i .'CAVIL 9'/ _ -p_ r ar n 32660 7 c CJJJ ^ • +. January 20, 1981 Mr. Gilbert B. Rodriguez 759 N. Mountain Avenue Upland, California 91786 Re: Lease of Real Property Located at Vineyard and Foothill - Rancho Cucamonga by Vineyard Ntional Ban%: Dear Gil: This letter will serve as a written memorandum of the option you have agreed to give to Vineyard National Bank (in organization) whereby the Bank may lease a portion of the real estate which you own located at the southeast corner of Vineyard Avenue and Foothill Boulevard in the City of Rancho Cucamonga. The basic terms of the lease are as follows, all of which are • subject to review and acceptance by Comptroller of the Currency: 1. The temporary lease will commence upon the occupancy of the temporary site of the Bank. The permanent lease will commence upon the occupancy of the permanent Bank building. 2. The permanent lease will terminate twenty five (25) years from the date of commencement. 3. The Bank will have two five year options to renew the permanent lease on the same terms and conditions. Thereafter, the Bank will only have a right of first refusal to lease these premises. 9. The temporary lease will be a ground lease of thirty thousand (30,000) square feet of property, the permanent lease will be for more. 5. The Bank will have the full responsibility for obtaining all construction funds for the construction of the temporary quarters of the Bank. 6. The Bank will join with you, if appropriate, in obtaining or assisting you in obtaining the permanent financing for the construction of the permanent building for the Bank. Mr. Gilbert B. Rodriguez January 20, 1981 Page Two •" These thirty thousand (30,000) feet of rented area will "float . By this we mean that the thirty thousand (30,000) feet initially will be somewhere centerron co;ner or ate north themutual of the shopping g or the agreement of the parties, or the anchor the tenant, be permanent Bank, upon mutual agreement, at a location mutually agreeable between us as part of the permanent buildings to be constructed or as a separate permanent building in the center. The rent will be Fifteen Hundred Dollars ($1,500ion per month for thirty thousand (30,000) square feet or any portion of same for the temporary structure plus C. °•I• increase annually not to exceed nine (9) percent of prior year's rent. The rent will be renegotiated at the time of the commencement of Permanent lease for the permanent building. The Bank will have a right of first refusal such that if you ever shopping center the first portion ght to purchase shopping the offered premises at the offered price. Any improvements to the site which the Bank must put in now for its temporary quarters will be paid for by the Bank. The lessor will only reimburse the Bank for those improvements which will become part of the permanent improvements for the center once the center its the Bank constructed inemen improvements iflthey mus tnbel altered r or removed in has been any material substantial way for the final development. If the shopping center is not built within three (3) years of the date of this letter, then the lease will be cancelled at the Bank's option. The Bank will agree to commence conPeruStion on a permanent building ou or before the perrzeaent full shopping ccater has co ^,rwnced con- struction. The Bank agrees to complete its permanent building on or before the time that the anchor tenant part of the center will be completed in its final permanent As you are aware, since you are a proposed director and since you are an organizer of the Vineyard National Bank, the rental value p the land must be at a price no greater than the market value in the area since all agreements including this letter are subject to review by the Comptroller of the Currency. tl 8 9 60. 11. 12 It 106 Mr. Gilbert B. Rodriguez January 20, 1981 Page Three • The basic terms of the lease are set forth in this letter, but we agree that all other specific terms and conditions of the lease will be worked out at some future time when we are more definite about the opening date of the Bank. If this letter correctly sets forth the basic terms of your agreement to lease to the Bank, I would appreciate it if you would sign the bottom of this letter indicating your acceptance of these basic terms. Mr. Bert C. Francis will sign on behalf of the Vineyard National Bank Organizing Committee. Very truly yours, B HAKMAK A Law Car ati6n DAVID A. BUXHA M DAB:pc Accby: • BERT FRANCIS, Vice Chairman of Vineyard National Bank Organizing Commi -tee, Lessee Accepted by: � GILBERT B. RODRIGUF� ssor 1 °I • • w uso� ANDERSON, TAVES AND REEVER June 7, 1983 v Rancho Cucamonga Planning Commission 9320 Baseline Road Rancho Cucamonga, California 91701 Re: Appeal of C.U.P. C.U.P. No. 81 -04- Vineyard Bank Our Client: Gilbert Rodriguez Gentlemen: Please be advised that this office represents Mr. Gilbert Rodriguez the fee owner of the real property located at 8158 Vineyard Avenue, Rancho Cucamonga, California. • By this letter, you are hereby advised that Mr. Rodriguez does hereby appeal the findings and order granted by the Planning Commission on May 25, 1983, with regard to the modification request for the above numbered Conditional Use Permit. Also enclosed is our client's check in the sum of §,L20-00 'which represents the filing fee for that appeal. You are advised that the basis for this appeal is that the request for modification was made without the knowledge or permission of Mr. Rodriguez, the land owner. Very truly yours, / ANDERSON, TAVES Sr REE/,.- BY: R'IC{ihllD R; Al vRSON RGA:rmv cc: Mr. Rodriguez k� Iw � Motion: Moved by Mo Niel, seconded by Juarez, carried unanimously, to adopt Resolution No. 81 -110A, with an amendment to the resolution to require a replacement agreement rather than Articles of Incorporation of the Homeowners • Association. PUBLIC HEARINGS C. MODIFICATION OF CONDITIONAL USE PERMIT 81 -04 - VINEYARD NATIONAL 9AN'K - A request to expand existing modular bang building by adding an addit Iona: 936 square feet and related parking; plus requesting an extension of time for the time limits on the modular building. This facility is located at 8158 Vineyard Avenue. Senior Planner, Michael Vairin, reviewed the staff report. He stated that the current City ordinance governing the issuance of Conditional Use Permits requires consent of the legal property owner, or in the event that the applicant is not the legal property owner, a statement from the legal owner that the applicant is the authorized agent for the property. Mr. Vairin stated that such consent or authorization has not yet been received and therefore the applicant cannot proceed. Mr. Dougherty stated that the applicant's attorney has just furnished a letter to him for his review in which the first paragraph refers to a letter dated January 20, 1981 would give authorization to the applicant. He asked for time to review the letter and asked that this item be deferred to later in the agenda. C. • - A request to expand existing modular bank building by adding an additional 936 square feet and related parking; plus requesting an extension of time for the time limits on the modular building. This facility is located at 8156 Vineyard Avenue. Mr. Dougherty stated that the firm of Buxbaum and Chakmakhas provided a letter which he read; however, the question remains whether Mr. Rodriquez, the owner of the property has any say in this. Further, the letter states that the bank is responsible for all temporary improvements and the lessor is responsible only and will reimburse for those improvements which will become part of the permanent improvements. He indicated that it is the interpretation of Mr. Buxbaum that the landlord does not have anything to say. Mr. Dougherty questioned whether the improvements that the bank wants to make are temporary or 'ahetner they are considered permanent. Mr. Vair'_n replied Ilia, the '_ mprovements dill be temporary. :.Jr. Dougherty stated that Inder the circumstances, it would appear that this correct and that ;fir. Rodriquez' approval is not r^,quired on those im;rovements. Pianning Commisoion ;.linuteo -4- May 25, 1983 • Mr. Va it in stated that in that case, if the Planning Commission chooses to move forward, there are two blanks for a new expiration date and asked the Commission if they wished to continue this extension on an annual basis or make an extension that would be consistent with the lease. Commissioner Barker asked how long an extension date would the Commission be allowed to give. Chairman Reuel replied that it could be extended indefinitely but the Commission has not granted any beyond two years. Mr. Vairin stated that there is no limitation on an interim use and from a policy standpoint this project has been granted the longest extension. Chairman Rempel stated that there should be a longer term than one year but there should be another condition placed on the project which states that if another modification or building is done it would bring the conditional use permit back to the Planning Commission, and if any development should occur it would spur the permanent facility. Mr. Vairin replied that the Commission can modify any condition of approval on the original resolution and if they wished to key in under section 3, the date could also be modified. Chairman Rempel stated that it is not a good procedure to mix temporary with permanent modifications. • Commissioner Stout asked what would be used to trigger it. Chairman Rempel replied that it could be done if the permit were pulled, any part of the center began to develop, or if the plans were given to the Building and Safety Division. Mr. Vairin stated that he could provide the language for this. Commissioner Stout asked if the expiration date of the ground lease is known. Chairman Rempel opened the public hearing. Mr. Steve Sensenbach, the applicant, stated that they have been in negotiation with the property owner for about a year. He indicated that they will continue negotiation but were unable to do so at this time. W. Sensenbach stated that the existing ground lease is indefinite but they have been given 5 years by the board of directors of the bank and they desire to develop the property. Further, that it is necessary that they expand the building now. Planning Commission Minutes -5- I'b'y 25, 1983 j ��4 Commissioner Stout stated that the bank has a ground lease that can go longer than 5 years and asked if it includes the right to develop that particular • corner of the shopping center. Additionally, what was the expiration date of that five year period. Mr. Sensenbach replied that it will expire in September 1986. There being no further comments, the public hearing was closed. Commissioner Stout stated that he sees no reason to bring this back on an annual basis inasmuch as the expiration date of the ground lease could be the triggering mechanism. Notion: Moved by Stout, seconded by Mc Niel, carried unanimously, to adopt Resolution No. 82 -79A, approving the modification of Conditional Use Permit No. 81 -04, with a modification to the resolution language to allow expiration of the CUP to coincide with the ground lease in September 1986. It w r * F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT N0. 83 -06 - KINDERCARE - The development of a 6400 square foot child care center for Kindercare Child Learning Center, Inc., on 1.1 acres of land in the C -2 zone, located at 10100 E. Foothill Boulevard - APN 208 - 331 -21. G. ENVIRONM "cNTAL ASSESSMENT AND PARCEL MAP 7891 - KINDERCARE LEARNING CENTERS. INC. - A division of 2.9 acres into 2 parcels within the C -2 zone located at 10100 E. Foothill Boulevard - APN 208- 331 -21. (Related • File: CUP 83 -06) City Planner, Rick Gomez, reviewed the staff report. He recommended that two additional conditions be incorporated in the conditions of approval: the earth tone fiberglass roofing material proposed on the main building shall be used on the entrance cupola; and brick veneer detailing provided on all exterior elevations. The use of T1 -11 cedar ply ngd be allowed. Relative to the parcel map, he indicated that the subdivision of parcel No. 1 would create an approximate 1.2 acre parcel. Commissioner Stout asked if the block wall belongs to the property owner of parcel 9337. Mr. Gomez replied that he believed it was built in conjunction with the adjacent property. Commissioner Barker stated that he has some concern with access from Foothill, getting cars into the parking lot and drooping children of.` at the school. Ne asked if any adjustments 'cad been made. Mr. Gomez replied that they have been made and they will have a shared driveway. Planning Commission Minutes -6- May 25, 1983 • IG5 • RESOLUTION NO. 82 -79A A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING AN EXTENSION FOR CONDITIONAL USE PERMIT NO. 81 -04 AND AN EXPANSION OF BUILDING AREA LOCATED AT 8158 VINEYARD AVENUE WHEREAS, an application has been filed by the Vineyard National Bank for a time extension and building expansion for the above - described project, pursuant to Section 61.0219(o)8B of the Zoning Ordinance; and WHEREAS, the Planning Commission has held a duly advertised public hearing for the above- described project; and WHEREAS, the Planning Commission previously conditionally approved the above - described project. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: A. That strict enforcement of the conditions of approval regarding expirations would not be inconsistent with the intent of the Zoning Code. • B. That the granting of said time extension or building expansion will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: The Rancho Cucamonga Planning Commission hereby grants a time extension or the above - described project as follows: Conditional Use Permit New Expiration Date 81 -04 September 15, 1986 SECTION 3: The Rancho Cucamonga Planning Commission hereby amends Resolution N o.- 81=33, Section 3, Condition No. 2 to read as follows: 2. If a permanent facility is desired on this site, then appropriate plans must be submitted 3 months prior to August 15, 1986, or at the time of development review for any other portion of this site (whichever comes first). These plans shall be reviewed and approved by the Planning Commission and be under construction prior to the new expiration of approval for the temporary facility, including more precise plans for the shopping center. APPROVED AND ADOPTED THIS 25TH DAY OF MAY, 1983. Ir, 6 Resolution 82 -79A Page 2 • PLANNING COMMISSION OF THE -ZNY OF RANCHO CUCAMONGA BY: f HQrman Rempei, GhziTmaA � 7 ATTEST: Secretary of the Planning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of May, 1983, by the following vote -to -wit: AYES: COMMISSIONERS: STOUT, MCNIEL, BARKER, JUAREZ, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • • • - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 ` ^�!'.Z T0: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Zone W - Flood Control Benefit Assessment Agreement with San Bernardino County Attached for Council execution is the Final Agreement with the San Bernardino County Flood Control District on the administration of funds collected under the proposed Measure "W ", if it is approved by the voters. This agreement is substantially the same as,the agreement previously approved by the Council prior to last year's election, The most significant change in the agreement is in Item No. 9. This item indicates that if a legal judgement is obtained against the Benefit Assessment Program, the City would be liable to return all funds expended by the City at the time of judgement. This would appear to be a fair approach. The City cannot expect to benefit from 87% of the funds and not share in a legal exposure that the County faces. RECOMMENDATION It is recommended that Council approve the Zone W Administration Agreement with the San Bernardino County Flood Control District and authorize the Mayor and City Clerk to execute on their behalf. Respectfully sub itted, IW� LBHoaa Attachment n N CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 15, 1983 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Zone W - Flood Control Benefit Assessment Agreement with San Bernardino County (Supplement) At the Thursday, June 9, 1983, Zone 1 Flood Control District Advisory Committee, it was recommended that the $40,000 cost of the Measure W election be born by the participating agencies. Twenty thousand dollars in District Administration costs would be born by the Zone. All City representatives at the meeting concurred in this approach. The Rancho Cucamonga share under the cost split formula would be $8,400.00. The formula relates to relative percentage of funds to be received by the Cities of Upland, Ontario, Rancho Cucamonga and the unincorporated area. Again, it seems fair that the beneficiaries of the program share in the costs of the development. RECOMMENDATION It is recommended that Council appropriate $8,400.00 from the General Fund as the City's share of election costs on the proposed Measure "W ". lly .lO CW111i''(JpI1Q? SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT FOR DISTRICT USE ONLY San Bernard— County FIOOd Control pis+rlct COnbac+ Nnmb., FIOOd Control .rcn 1 Ont act Peprew 1.1— Con Ven or a Lcenw Number Jack W. K--use an. Ea+ 2679 9 uu get umt No SuneblaR rvo. FvnO No, JOO No. �oum 0� epn v.0 N/A N/A N/A N/A r0- uromnetnaampr.n one pavnent o, ,ebe�p t, Pro l.ct NamO mple+F ib. lollow organ Pay man tf Ef time +e' APP . A- t Each THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and Name CITY OF R.A:ICRO CUCAMONGA hereafter called Add - 9320 Base Lire. Unit C - P. 0. Box 807 Rancho Cucamonga, California 91730 Phone gin, oat. (714) 989 -1651 F.Oegi 10 No or Soaal S -111 No IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service tote rendered, amount to be paid, manner of payment, time for performance or completion, determination of sanefwror, performance and cayse for termination, other mnmr and conditions, and attach plans, specifications, and addenda, if any.) WHEREAS, the DISTRICT has formed SPECIAL ZONE W in a portion of the West • Valley area of San Bernardino County for the purpose of presenting a benefit assessment program to the voters of said Zone on the November 8, 1983, ballot; and WHEREAS, the City of Rancho Cucamonga, hereinafter called CITY, lies within said zone; and WHEREAS, CITY and DISTRICT desire to cooperate in the selection and construction of projects within CITY. NOW, THEREFORE, the CITY and DISTRICT hereby agree as follows: If this program is approved by the voters, eighty -seven percent (871) of the money collected in CITY will be expended for construction purposes on projects requested and prioritized by CITY after deduct- ing prorata administrative costs of the Treasurer -Tax Collector, Clerk, Auditor /Controller, County Counsel, Flood Control District, Registrar of Voters, and Office of Management Services. The amount of these charges and justification therefore shall be submitted to the CITY for approval. The remainder of said (871) funds shall be deposited in a separate account which shall be credited with interest. 2. CITY shall design and administer construction of the projects requested by CITY pursuant to a separate agreement for each project. 3. From the funds referred to in paragraph 1 above, DISTRICT shall pay for all engineering, surveys, right -of -way, utility relocation, and construction on those projects authorized under said program, 02- 13159691 Rev. 11/80 P.9. 1 0--i 4. DISTRICT shall determine for each project requested by CITY that there is adequate downstream capacity for the project and a statement of that determination shall be included in each project agreement. • 5. CITY shall inform the public regarding subject benefit assessment proceedings within CITY and shall answer all questions relating thereto. 6. DISTRICT shall, at CITY's request, reimburse CITY for all administra- tive costs incurred by CITY in the course of establishing parcel assessments and otherwise implementing the program only if Measure "W" passes. 7. DISTRICT shall maintain and operate regional facilities within CITY as described in Exhibit "A" for the life of said facilities. CITY shall maintain and operate all other facilities within CITY for the life of said facilities. 8. CITY shall defend, indemnify and hold the DISTRICT harmless from all claims or injury arising from the use, operation or maintenance of facilities which are to be maintained by CITY under this agreement. 9. CITY shall defend, indemnify and hold the DISTRICT harmless from all claims arising out of proceedings taken by DISTRICT pursuant to the Benefit Assessment Act of 1982 to the extent of those funds expended within CITY. 10. DISTRICT shall defend, indemnify and hold the CITY harmless from all • claims or injury arising from the use, operation or maintenance of facilities which are to be maintained by DISTRICT under this agreement. 11. This agreement shall be terminated at such time as all funds under this contract have been expended, except that CITY's obligations under paragraphs 7, 8 and 9 shall continue for the life of any CITY — maintained facility or until terminated by mutual agreement of the parties. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT Chairman, Board of Supervisors Dated ATTESTED Secretary of the Flood Control District APPIa v411 1410 1.x B.l Fa,m Il, vie wntl .ti 191.1 ti, ma W Cou my Caun,nl 0213059 097 A.Y. 11100 CITY OF RANCHO CUCMIONGA (Stare Acorporanon. company „e rc.! By lAVrnmitee S�gnamrrl Dated Title Address F 0 H 807 Ra 1 C rn P,lion l� 0. ".u.? Pr? EXAM7 "A" SAN BERSARDINO C ;T :.Lt3.. C NTSOL :r.ST,.:CT USTINO OP . DISTRICT :.."..M 7,6:11705 nail:; T11E CITY OF '—'2;C : ::O C*. A:!l :q—, PROJECT NiCIE AW Cucamonga Channel CIE Reot, Cont. Channel All :''a.______., within City :limits Cucamonga Debris Dam CIE ,._. :a.._..__es .,_.sill. �_ _.ells Cucamon;_;a Was ::ails 15ter Spreading n_1 Facilities ):..e.n Ci': L_c_ts D1 thru k13 Facilities Demens Chan-,l CIE Rect. R. C. Che=& All :a...uties Demens Basin Debris Basin All Facilities Demers Basin & Cutlet District SIT Aii Ezistin; F.C.D. SO' Channel Beryl St. Storm D.,,.-, Masonry C.J.,6uIit A-i Facilities Red Hill Basin Percolation Basis. All Facilities • Alta Loma Storm Drain Earth Trap. Channel Raven Ave. to Alta Loma aii :. =1 & Al.a Lo ^.a to T'. ;rner Ave. Alta Loma Basins . 'Q Percolation ilasins Ali Facilities Church St. Storm Jrai.n R. C. P. Conduit Archibald Ace. to SL. Basin OuIrc'h St. B.An Percolation Sash] All Facilities Haven Ave. Storm Drain R. C. P. Conduit Alta Lama Basin :2 to 70' ,/O };i,h LUlc; Ace. Cucurmonca Storm Drain R. C. P. Conduit P.e.R.R. " Archib. -c to Cncanion „a Channcl NilSCn AVe. SL,),:!! J.,.... C . Chinln'.I Ar Cnl :lilld Avg, to l 1.D. Storm Oran Carn, C.,n:o;i..'n a RoOrts to :,or. 11iIL ;..,sin Doer Creek Chann.,L U: Mr. Cont. to M.” I All F,t Slides '•.Cain CQ7 Limits Hillside Basin ,. Mor-Is Min V Rrtt. Ali Facilities Nithin City Limits Channel C(c Con,:. Cham:c l son • S;,I: a. ;... so c0 .;Ti .LO JD c0:1-1 F"'. L -.._C- ..:5:�. .. IS'AIG. ......�..:..... .: \C ; = -.:CS 1:IIiiiS THE CITE" U.�.. PAOSECi :' ESMIPI'I:L: Deer Creel: Sprendinq 'dater SprcaM4 All :cc____. s an 7.20. G .. Grounds 'racili:ies ..__M, CRY L_c._._. Deer Crcek Bece7 ion leme Earth intaco_:C All Portions ......,_,. _..,._.., Le,ev Day Creek Channel A & U i:ew"M Ci u-,nul S,;-,, .�Qrnar i::o Ave. _a iU;;k_aaa Ave. Day Drees Sasins 1 & Q Percolation S..sins An Cacilitias Etiwanda Channel Trap. Earth & F. C. S. City L005 to 1-i3 C'n inna 1 Etiwanca Spreading Percolation "...,ins All acili ties ::i C.tin -,C.D. /W Grounds Within City Limes Victoria Basin Percolation Dasin All ^ccilities • 24th St. Stns Drain Trap. EartF. CVn nel All Porcians 'Sithi:: Oty L..:_t., San Sevaine C'n.un:el Trap. Cone. Cin=el San Sevaine Lasiu : ;5 co 1 -:1 San Se•:aine Basins 51 Parcalacicn 3 a s in:, AIL 7acilities thru e5 Surnit Ave. Stern Drain Trap. Cone. C,: anr.al : -_: to San Sevaine',aair. ". Hawker Crawtiorr.' Channel Trap. Cone. Channci San Suvaine Basins to S.ircic Ave. • 2 t/ a • u Recreation Systems, Inc. (RSI) submitted a letter (attached) to this office April 6, 1983, proposing a modification of the existing contract for the design ani engineering services on Heritage Park. The first three paragraphs of Ron Paige's letter outlines the reasoning for the proposed changes. The stated reasons listed, having to do with 'phasing', are not without some merit. It is, however, relevant to note that the contract we prepared, and RSi signed, anticipated 'phasing'. Note ARTICLE II -A -7 of the attached contract. What Paige did not mention in his letter was that the bid RSi and the other respondents submitted, was for designing a project with an anticipated construction budget of $1,360,000 + / -. It is now, however, anticipated to be $2,000,000 + / -. , How did that $640,000 increase in the anticipated construction budget occur? The answer is a 'good news/bad news' story. The 'good news' was that we had heavy 'citizen participation' in the design process. Leaders of organizations and lay people without specific organizational affiliations, all participated for several months in developing what they felt would best serve the community needs. The end result was a design that meets a good number of the recreational needs in the community ... soccer; softball; picnicing; equestrian /canine shows and training areas; playgrounds; nature area; fitness trails; and, passive open space. This expansion of development design beyond the original concept was the direct result of being responsive to community expression. -- The 'bad news' side of the coin is that to implement what the community says it wants will cost $2,000,000 + / -. Havinq proceeded down the path of the 'citizen participation' route, I believe we cannot return to the original concept, even though the cost is significantly less. Further, even if we could return to the original design, I don't believe we should ... the new design is better and addresses a broader range of rommunity interests than the original preliminary concept. (Who knows ... as we refined our own preliminary concepts, they may have ended up here anyway.) continued ... r t,aa I Ur rL n Ilu 1.VI AIVIUIN bA MEMORANDUM CL;CA.t;O \y Date: June 7, 1983 To: City Council and City Manager u F C I From: Bill Holley, Director, Community Services Departments 707= Subject: Heritage Park Design Contract Consideration of Modification Council Agenda: June 15, 1983: Item 6 -B Recreation Systems, Inc. (RSI) submitted a letter (attached) to this office April 6, 1983, proposing a modification of the existing contract for the design ani engineering services on Heritage Park. The first three paragraphs of Ron Paige's letter outlines the reasoning for the proposed changes. The stated reasons listed, having to do with 'phasing', are not without some merit. It is, however, relevant to note that the contract we prepared, and RSi signed, anticipated 'phasing'. Note ARTICLE II -A -7 of the attached contract. What Paige did not mention in his letter was that the bid RSi and the other respondents submitted, was for designing a project with an anticipated construction budget of $1,360,000 + / -. It is now, however, anticipated to be $2,000,000 + / -. , How did that $640,000 increase in the anticipated construction budget occur? The answer is a 'good news/bad news' story. The 'good news' was that we had heavy 'citizen participation' in the design process. Leaders of organizations and lay people without specific organizational affiliations, all participated for several months in developing what they felt would best serve the community needs. The end result was a design that meets a good number of the recreational needs in the community ... soccer; softball; picnicing; equestrian /canine shows and training areas; playgrounds; nature area; fitness trails; and, passive open space. This expansion of development design beyond the original concept was the direct result of being responsive to community expression. -- The 'bad news' side of the coin is that to implement what the community says it wants will cost $2,000,000 + / -. Havinq proceeded down the path of the 'citizen participation' route, I believe we cannot return to the original concept, even though the cost is significantly less. Further, even if we could return to the original design, I don't believe we should ... the new design is better and addresses a broader range of rommunity interests than the original preliminary concept. (Who knows ... as we refined our own preliminary concepts, they may have ended up here anyway.) continued ... r page 2 6/7/83 memo to: CC b CM from: R.Holley • re: Rai contract modification Hack to the subject at hand ... the proposed contract modifications RSi, like other professional design firms, whether they are architects, engineers or park planners, base their fees for services on a percentage of the anticipated construction budget. Their fee for services, $72,480, was projected on the originally anticipated construction budget of $1,360,000. This equals 5.26. Three of the original unsuccessful respondents bid at the 7.06 level. If the final construction budget comes in at $2,000,000, and RSi's fee remains as it is, it will equate to a 3.66 fee service. As I previously indicated, RSi has not protested this fact. I do believe an underlying factor in this proposed contract modification, while not so stated, is to remedy th'_s situation. If you follow the service fee schedule in RSi's letter and with an anticipated construction budget of $2,000,000, the revised fee would total $85,000, or an increase of 512,680. This would produce an overall percentage factor of 4.256. The question Do you wish to modify the contract with Recreation Systems, Inc., for design • and engineering services for Heritage Park? The Council options Let contract stand as is and proceed through working drawing plans as agreed. RSi states that these plans will probably have to be modified somewhat as the available funding is determined for each phase, which of course will determine the scope of that phase, resulting in extra cost to-the City. Hence, the stated reason for the proposed modification. 2. Modify the existing contract as outlined in RSi letter with a superseding addendum eliminating the existing $72,480 fee for services; contracting for the Design Development Report at $18,120; and, doing construction drawinus for each phase on a 'pay as you qo' basis by Council approved addendum to the contract. (The nuts and bolts of this contract modification are simple, it is the concept of 'do we wish to go this way or not' that is the issue for Council direction.) Staff comrents In my deliberations on this matter, I have settled on a couple of factors that I feel are central to makinq my recommendation to you. • continued ... C, page 3 memo 6/7/83 to: CC 6 CM • from: B. Holley re: RSi contract modification First, I have confidence that Ron Paige is giving his best professional judgments to us. They know that we are going to be building more parks in the future. RSi wishes to establish a good record of performance with Heritage Park so that they will receive positive consideration in the future. Second, do we drive hard money saving bargains at the expense of fairness and equity to all the parties involved? In fairness, RSi did not increase the project scope, the community desires did. Perhaps we, the community, should then consider compensation equity. On the other hand, RSi had a budget of $1.3 million to work with and they could have told the citizens they had to make certain choices ... either softball or horses ... either soccer or playgrounds ... but not everything was possible. In reference to the preceding paragraph, I think the right choice was made ... plan everything possible and build as you can. And it is a fine plan. Staff Recommendation • Option 2 ... direct staff to modify contract as outlined above and proceed. I BB /mw att: Psi letter of April 6, 1983 Contract between City and RSi, October 10, 1983 T- IdnahL 65f • RECREATION SYSTEMS, INC. April 6, 1983 William L. Holley, Director Community Services Department City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES - HERITAGE PARK Dear Bill: Reference is made to our discussion on Thursday, March 24, 1983, regarding possible adjustments to our contract and scope of services to more nearly reflect probable phasing requirements of Heritage Park. Resultant savings could also be directed toward other park planning services that may be needed by the City, if possible. It is understood that an established funding program for Heritage Park is not as yet finalized, and that actual development will definitely involve several phases, and probably a number of volunteer efforts. Our current contract dictates that we complete a Design Concept and preliminary draw- ings (Design Development Report) for the. entire project and, following necessary reviews and approvals, proceed with the preparation of work- ing drawings, details, specifications, computations, structural and engineered site plans for the entire project. The estimated scope was based on a $1,360,000 construction cost. It will be almost impossible to complete a set of construction contract documents for the total project that can be separated into a series of viable phases. This is particularly true where the scope and content of the future phases cannot be identified prior to plan preparation. The inter - relationships between various elements of a park construction project would require extensive alterations to both plans and specifica- tions for each increment. Moreover, the introduction of volunteer im- provements would further complicate the process. We propose that the City authorize a change in our scope of services that would more nearly meet the existing needs for Heritage Park. We are nearing the completion of the Preliminary Development Plan, and as soon as the schematic grad:nq is revised, we will be preparing a ren- dering for review and approval by the Parks Advisory Committee and the City Council. It is our recommendation that we complete a Design Development Report for the total project. The DOR is an association of planning and de- sign functions composed specifically to meet the particular needs of I 800 E. 61u1w99a Amur, Sua9 310 • FuIIMO , Ctl11. 91601 • 7141679 6 313 033 Sz,len n0ea • 01161d. C1111. 93033 • 605I1639011 �✓' J William L. Holley April 6, 1983 Page 2 the public agency. Its purpose is to encourage citizen and staff involve- ment in the design process and to establish accurate engineering and cost requirements. The Design Development Report evaluates environmental im- pacts, determines logical phasing priorities and develops community sup- port for the entire program. More than half of the specific tasks included in the DDR process have been completed. Additional work products would include: 1. Assess possible environmental impacts as they affect development scope and projected uses; 2. Prepare preliminary development plan, rendered for public pre- sentation, detailing recommended program scope, space require- ments, circulation patterns and functional relationships for review by all interested parties as directed; 3. Prepare initial cost estimates of proposed improvements; • 4. Present preliminary development plan to elected officials and others, as directed; 5. Prepare schematic construction plans to verify project feasi- • bility, define engineering problems and establish project scope for total site, including floor plans of all building elements for review and approval; 6. Prepare detailed cost analysis for all projected improvements; and establish a logical phasing program for implementation con- sistent with funding availability; and 7. Prepare final Development Plan and Report incorporating all desirable or required changes for review and approval by the City and others, as directed. The Design Development Report will set design standards and theme for all improvements, including those provided by volunteers or special interests. RSI would then complete the final construction drawings and contract documents for the initial phase of construction in accordance with a scope of work established in the DDR. This portion of the process would include the following work products: 1. Prepare preliminary construction plans and outline specifica- tions to establish design theme and finalize actual scope of initial improvements; • ao 7 • William L. Holley April 6, 1983 Page 3 2. Prepare detailed cost estimate for all Phase 7 improvements; 3. Prepare final plans, specifications, and bidding documents in sufficient detail to obtain competitive construction bids. Plans to incorporate City standards and meet all Federal, State, and local requirements, as necessary. Consultant shall provide re- quired check prints and reading copies of specifications for checking and processing; 4. Submit for final checking and correct plans, as necessary; 5. Present final cost estimate for review and approval; 6. Assist City in the bidding process. The Design Development Report could be completed for the entire project, including volunteer improvements, for the lump sum fee of $18,120.00. Construction plans for the first phase of work, and all subsequent phases, would be accomplished in accordance with the following sliding • scale: Construction Costs Fee 0 - $100,000 6,4; $100,000 - 5200,000 $6,400 + 6 in excess of $100,000 $200,000 - $500,00o $12,400 + 5.6`; in excess of $200,000 $500,000 - $1,000,000 $29,200 + 5.2`, in excess of S500,000 $1,000,000 - $2,000,000 $55,200 + 4.8 in excess of 51,000,000 $2,000,000 - $5,co0,000 $103,200 + 4,4; of balance The full fee for the Design Development Report shall be proportionately credited against professional fees for construction documents for Phase 1 and all subsequent phases, exclusive of volunteer improvements. It should be noted that similar to the existing contract, construction observation services are not included in the above fee schedule. It is our opinion that the above changes to our agreement would provide the flexibility necessary to assure provision of services to meet the changing needs of the City without incurring additional costs. To clarify the intent of this revision, if the City decides to proceed with site grading as a first phase of construction at an estimated con- struction cost of 5250,000 with an assumed total project cost of CY William L. Holley • April 6, 1983 Page 4 $2,000,000, the fee would be computed as follows: $12,400 + 5.6% of $50,000 = $15,200. The credit would be computed as follows: $250,000 - $2,000,000 x $18,120 = $2,265, or a net fee of $12,935. Additional phases of construction could be handled similarly. If a viable funding method is not established for the construction of the total park facility, this process would provide the City with sufficient plans to control volunteer improvements and administer future capital budgets. Moreover, the City would realize substantial savings in plan preparation costs at this time. It is understood that the City is desirous of completing conceptual plans, cost estimates and feasibility studies associated with other proposed park facilities throughout the City. If the City desires, RSI could provide these additional services at standard hourly 'rates • to a negotiated maximum for each requested element. Your early consideration of this alternative program would be appre- ciated to avoid any duplication of effort or slowdown in plan prepara- tion. If you have any questions, please contact us at your convenience. Z 1Sli erel \ TROMALO F. PFI E President RPP:bh L J • CITY OF RANCHO CUCAMONGA CONTRACT THIS CONTRACT is entered into in the State of California by and between the City of Rancho Cucamonga, hereinafter called CITY, and RECREATION SYSTFI4S, INC., hereinafter called CONSULTANT. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the City intends to design the Facility described as Heritage Park, southwest corner of Hillside Road and Beryl Avenue, Rancho Cucamonga, California; AND, WHEREAS, the Consultant has signified his willingness to undertake the Architectural and Engineering work in connection therewith; NOW, THEREFORE, the City and the Consultant, for the considerations hereinafter named, agree as follows: FIRST: The Parties hereto agree to the following definitions: A. The "Project" shall mean the Facility described herein. B. The "Council" shall mean the City Council of the City of Rancho • Cucamonga. The Council is the governing body of the City. C. The "Director" shall mean the Director of Community Services for the City of Rancho Cucamonga, authorized by the Council to represent the City in matters pertaining to the Project. D. The "Approved Final Estimate" shall mean the estimate of construction cost approved by the Council at the time the working drawings, details and specifications are adopted or approved. SECOND: The Consultant agrees to perform, for City, work, professional services, in accordance with the public laws, ordinances, and regulations applicable to the work to be performed, and as hereinafter set forth. THIRD: The City agrees to pay the Consultant for such services, a fee of $72.480.00. FOURTH: The parties hereto further agree to the following conditions: ARTIrLE I - COST OF THE PROTECT The anticipated Budqet for construction phase of the Project is $1,360,000.00~/ -. The Approved Final F.stinate for construction is based on the Consultant's final workinq drewino, and specifications, when approved by the rouncil. eII C T' ARTICLE II - CONSULTANT'S SERVICES A. The Consultant shall perform required professional services in • accordance with all public laws, ordinances, and regulations, as applicable. The services to be rendered by the Consultant shall include, but not be limited to the following: 1. Attend all necessary community meetings for input into site plan concert. 2. Provide a site plan concept of the project, that will show pictorial views of the major design features. A construction cost estimate of this concept will also be provided by the Consultant at this time. 3. Furnish preliminary plans to include layout drawings of the proposed construction, a complete site plan showing all of the major or important components of the work to be constructed, and an estimate of construction costs. �. Attend all necessary consultations and conferences with the Director, and the Council. 5. Provide necessary services required to make corrections of preliminary sketches and drawings required by the City. 6. Provide original tracings of working drawings, details, specifications, computations, including structural and engineered • site plan, subject to approval by the City. Preliminary Plans, described in Section 3, above, must be approved by City before Consultant may proceed with final working drawings and specifications. 7. Assist City in preparation of Construction Bid Package, or Packages in the case of phased construction, and Construction Contract, or Contracts in the case of phased construction, consistent with all applicable Federal, .State, County and local regulations. B. Extra Consultant Services - Services not within the scope of this Agreement shall not be rendered by the Consultant unless such extra services shall first be authorized in writing by the City. The additional fee to the Consultant for extra services shall be determined by negotiation between the City and the Consultant. ARTICLE III - PAYMENTS Payments to the Consultant on account of the fee shall be computed on the basis of the Cgrsultant's fee of $72,480.00. A. Upon completion and acceptance of the Design concept, and preliminary drawin ,s And .specifications, a sum .shall be paid to the Consultant on account of the fee, equal to 252 of the fee, or $19,120.00. D. Upon completion and acceptance of 502 of the working drawings and • details, a sum sufficient to increase the total amount paid to the Consultant on account of the fee to 50% of the fee, or $36,240.00. C. Upon completion of corrections of working drawings, details and r specifications as may be required by public agencies pursuant to required approval and upon approval or adoption of the working drawings, details and specifications by the Council, together with a • final estimate of construction cost, a sum sufficient to increase the total amount paid to the Consultant on account of the fee to 1009 of the fee, or $72,480.00 D. Payments for extra services authorized by the Council shall be made upon completion of said services, in the manner in which all other City claims are raid. F. All demands for payments under this Agreement shall be submitted in triplicate to the City. ARTICLE IV - REPRESENTATIVE OF THE CITY The Director shall represent the City in all matters pertaining to the services to be rendered under this Agreement. The Consultant shall designate, in a letter addressed to the City, an agent who in the Consultant's absence may sign, in the name of the Consultant, papers and other documents relating to the Consultant's services to be performed hereunder. ARTICLE V - SURVEYS It shall be the responsibility of the consultant to provide any information as to sewer, water, steam, gas, electrical and other utility services which are • not indicated on the survey. ARTICLE VI - CHECKING AND PF,RMIT FEES The Consultant shall not be required to pay any plan checking fees or permit fees. The Consultant shall have a current Rancho Cucamonga business license. ARTICLE VIZ - TERMINATION OF AGREEMENT The Council reserves and has the right and privilege of cancelling, suspending or abandoning the execution of any work in connection with this Agreement at any time upon written notice to the Consultant. The Consultant may terminate this Agreement upon written notice to the City should the City substantially fail to perform in accordance with this Agreement. In the event of termination, all finished or unfinished Design Development and Construction Documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Consultant shall, at the option of the City, become the City's property. In the event of termination, City rhall pay the Consultant as full payment for all services performed and all expenses incurred under this Agreement the sum dun under Article. IV, as shall have become payable under that article because of the progress in the •work, plus a pro -rata portion of the next and incompleted step, if any, as the services actually rendered hereunder by the Consultant boar to the total :;rrvtces necessary for the full performance of the next succeeding step, plus any sums due the Consultant for extra services described under Article III herein. Y e o, o_ In ascertaining the services actually rendered hereunder up to the date of termination of this Agreement consideration shall be given to both completed work and work in progress to complete and incomplete drawings, and to other documents whether delivered to City or in the possession of Consultant and to authorized reimbursable expenses. • If, upon payment of the amount required to be paid under this Article following the termination of this Agreement, City, thereafter, should determine to complete the original Project or substantially the same Project, City for such purposes shall have the right to utilization of any original tracings, drawings, calculations, specifications, estimates and other Construction Documents prepared under this Agreement by Consultant who shall make them available to City upon request without additional compensation. ARTICLE VIII - DRAWINGS, SPECIFICATIONS, OWNERSHIP AND REPRODUCTION A. The Consultant shall deliver to the City full completed preliminary drawings, working drawings, details and specifications which shall become the property of the City. H. All working drawings shall be drawn in ink on a high grade 100h or linen paper, or City approved equivalent. C. The specifications shall be typewritten, and furnished in such form, that they may be duplicated on standard office copiers. D. Prior to final delivery of the drawings to the City, the Consultant shall furnish required copies of drawings that may be required for plan check, building permit, etc. D. The Consultant shall be entitled to copies of the prints of the • drawings and the specifications for his files. F. The City will furnish copies of all drawings and specifications required for bidders, contractors and for construction. ARTICLE I% - KEEPING ACCOUNTS The Consultant shall keep separate books of accounts in connection with his work to be performed under this Agreement. These books shall be subject to audit by the City. ARTICLE % - TINE OF COMPLETION The conceptual design, the preliminary drawings, the specifications, the working drawings, details, and the final approved estimate shall be complete.,] within 120 calendar days from the date Consultant receives an executed copy of this Agreement. The time during which the Consultant is delayed in his work by the acts or neglect of the Council, or its employees, or those under it by contract or otherwise, or by the Act of God which the Consultant could not have foreseen and provided for and which is not due to any fault or negligence on the part of the Consultant shall be added to the time of completion of the work and the Consultant shall not be liable for any damages on account of such delay. • ARTICLE XI - INDFMNIFICATION, LIABILITY INSURANCE, AND 6'ORKERS COMPENSATION A. Indemnification • The Consultant shall hold harmless and indemnify the City, its officers and employees and agents against liability (bodily injury, including death and property damage) arising out of negligent acts of the Consultant or his employees in the performance of this Agreement. B. Liability Insurance The Consultant shall maintain combined single limit general liability insurance covering bodily injury and property damage in an amount not less than $300,000 or the equivalent thereof. Said insurance must contain an endorsement that the City named as additional insured. Certificates of insurance evidencing this coverage must be delivered to the City prior to commencement of the professional services described herein. C. Worker's Compensation The Consultant shall furnish evidence of compliance with Worker's Compensation laws or Certificate of Self - Insurance for employees, satisfactory to the City. CITY OF RANCHO CUCAMONGA • Jon D. Mikels, Mayor N C EATION Sj'.STRIS1I�(C. Ronald F. Paige,)) Pressi' (V 1010-1 - Date ATTESTED: 2500 E. Nutwood Avenue, Suite 210 Fullerton, California 92631 (714) 879 -6373 /Laurel Wassenna n, /City Clerk Approved as to legal form: Robert E. Dougherty, City Attorney 0 Ll 0 CONTRACT BETWEEN • THE UNITED STATES OF AMERICA AND CITY OF RANCHO CUCAMONGA CITY COUNCIL for RECREATION DEVELOPMENT at the CUCAMONGA CREEK AND DEMENS CREEK CHANNELS, SAN BERNARDINO COUNTY, CALIFORNIA THIS CONTRACT entered into this day of by and between the UNITED STATES OF AMERICA (hereinafter called the "Government "), represented by the Contracting Officer executing this Contract and City of RANCHO CUCAMONGA, CITY COUNCIL (hereinafter called the "City "). WITNESSETH THAT: WHEREAS, construction of the Cucamonga Creek and Demens Creek channels, - San Bernardino County, California (hereinafter called the "Project ") was • authorized by Act of Congress, Flood Control Act of 1968, Public Law 90 -483, 90th Congress, 2nd session, approved on 13 August 1968; and WHEREAS, recreational development at the project was authorized by Public Law 543, 78th Congress, as amended and was included as a post authorization change of 12 May 1976. WHEREAS, the City is authorized to administer project land and water areas for recreational purposes, and operate, maintain and replace facilities provided for such purposes and is empowered to contract for such purposes, and is empowered to contract in these respects; and WHEREAS, the City has the authority and capability to arrange for the non - Federal cooperation required by the Federal legislation authorizing the recreation features of the project and by their applicable law; WHEREAS, the Government is authorized by Section 207 of the 1962 Flood Control Act, as amended, (16 U.S.C. 406 d) to make contracts with non - Federal • bodies for development, management and administration of the recreation resources of Federal water resources projects; and WHEREAS, the City is required by separate agreement with the Government to purchase all lands, easements, and rights -of -way necessary for the construction of the flood control features of the Project upon which the subject recreational features will also be constructed; and WHEREAS, the recreational development at Federal nonreservoir water resources projects shall be in accordance with the cost - sharing provisions in the Federal Water Resources Project Recreation Act of 1965 (Public Law 89 -72). NOW, THEREFORE, the parties agree as follows: ARTICLE 1 - DEFINITION OF TERMS. For the purpose of this contract certain terms are defined as follows: a) First costs, used interchangeably with the terms "capital costs" and "project cost," is the initial capital recreation cost of the project, including engineering, design and supervision, and administrative costs. b) Recreation lands: Project lands acquired primarily for recreational purpo:. o, ewoluuju, lw, o u, a "ed for flood control or other Project purposes, o) Recreational facilities: Those facilities for recreation which may be installed pursuant to this agreement. ARTICLE 2 - LANDS AND FACILITIES. a) The City will provide any additional lands outside the boundary of the flood control features necessary for recreation, access, health and safety, b) The Government agrees to design and construct the recreation features of the Project to provide for optimum enhancement of general recreation 0 P1 consistent with other authorized Project purposes. Details on lands and • facilities necessary for such enhancement will be shown in the Feature Design Memorandum. c) The Government in cooperation with the City will prepare a mutually acceptable Feature Design Memorandum which will depict and identify the types and quantities of facilities which the Government and the City will construct in accordance with this contract. The estimated cost of facilities to be so provided is given in Exhibit "A," entitled "Estimated Separable Recreation Costs," attached hereto and made a part hereof. Such estimate of facility cost is subject to reasonable adjustment as appropriate upon completion of construction and approval of the above mentioned Feature Design Memorandum. d) The facilities shown in Exhibit A, as it may be adjusted in accordance with paragraph (a) above, shall be constructed jointly by the parties through mutually satisfactory division of responsibility for construction, which takes • into account direct and indirect cost savings that may be gained by the parties in the public interest for certain specific facilities, provided, that the facilities to be constructed by each party shall be formally agreed upon by the two parties prior to construction, consistent with the provisions of Articl= ;. e) Title to all lands acquired by or with Government assistance rtII specifically to enhance the recreation potential of the project, and title to all recreation facilities constructed on such lands, shall at all times be in the United States. Title to all lands acquired by or with Government assistance for other authorized project purposes, and title to all recreation facilities constructed on such lands, shall at all times be in public ownership. d � 3 f) The performance of any obligation or the expenditure of any funds by the Government under this contract is contingent upon Congress making the • necessary appropriations and funds being allocated and made available for the work required hereunder. ARTICLE 3 - CONSIDERATION AND PAYMENT. Each party hereto will pay or contribute in kind fifty percent (50x) of the first separable costs of recreation development and fifty percent (50X) of the separable cost of future development. a) Initial Development. Fifty percent (50X) of the estimated separable first costs of initial recreation development is estimated to be $285,000.00. Before advertisement of the first construction contract hereunder and again before advertisement of each subsequent construction contract thereafter, the Government Contracting Officer shall calculate the estimated expenditure which the Government and the city shall have made through the end of such contract. If the total estimated expenditures by the . Government shall exceed those of the City, the City shall pay to the Government such sum as will equalize the expenditures of both parties before award of such contract in computing expenditures, there shall be considered, In addition to each rxponditures, contributions in kind such as land and facilities, at the fair market value thereof at the time such land and facilities are provided by the City, which value shall not include enhancement due to the Project. Upon completion of initial recreation development, an adjustment will be made on the basis of actual costs incurred. It is understood and agreed that the City's share of the cost of each construction contract shall be computed on the basis of actual costs to the Government of the work included In the Government construction contracts above and on the basis of unit prices in each Government contract and final quantities covering • 4 � T labor, matari als, and equipment required for the work under each Government's . constructional, engineering and overhead expense and not on the basis of previous estimates. b) Future Development. Neither the Government nor the City is obligated by this contract to undertake any future recreation development of the project, except to the extent this contract may be so modified by future supplemental agreement signed by all parties and approved by the Secretary of the Army or his authorized representative. If at any time the City wishes to undertake further development of the facilities hereunder, it may do so at its expense provided prior approval of the Contracting Officer is obtained, but the Government shall not be obligated to reimburse the City for any portion of such expense in the absence of a supplemental agreement hereto as aforesaid. c) Other Federal Funds. No repayment credit of any kind whatsoever will • be allowed the City for expenditures financed by, involving, or consisting of, either in whole or in part, contributions or grants of assistance received from any Federal agency, except HUD block grants, in providing any lands or facilities for recreation enhancement hereunder. d) Adjustment to Reflect Costs. The dollar amounts set forth in this Article are based on the Government's best estimates, and are subject to adjustments based on the costs actually incurred. Such estimates are not to be construed as representations of the total financial responsibilities of each of the parties. ARTICLE 4 - CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES. Certain types of facilities including, but not necessarily limited to, restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation. type structures, stables, marinas, swimming pools, commissaries, chairlifts, +� and such similar revenue- producing facilities may be constructed by the City 5 r 'i r• or third parties and may be operated by the City or third parties as concessions. Any such construction and operation of these types of facilities • shall be compatible with all project purposes and shall be subject to the prior approval of the Contracting Officer. However, the City shall not receive credit for costs of such facilities against amounts due and payable under Article 3. ARTICLE 5 - FEES AND CHARGES. The City may assess and collect fees for entrance to developed recreation areas and for use of the recreation project facilities and areas, in accordance with a fee schedule mutually agreed to by the Government and the City. Not less often than every five (5) years, said parties will review such schedule and upon the request of either, renegotiate the schedule. The renegotiated fee schedule shall, upon written agreement thereto by the parties, supersede prior schedules without the necessity of modifying this contractual document. ARTICLE 6 - FEDERAL AND STATE LAWS. • a) In acting under its rights and obligations hereunder, the City agrees to comply with all applicable Federal and State laws and regulations, including but not limited to the provisions of the Davis -Bacon Act (40 U.S.C. 276 a- a(7)); Li,e CcrmracL Work Hours and Safety Standards Act (40 U.S.C. 327- 333); and part 3 of Title 29, Code of Federal Regulations. b) The City furnishes, as part of this contract, an assurance (Exhibit B) that it will comply with Title vI of the Civil Rights Act of 1964 (78 Stat. 241, 42 U.S.C. 2000 d, et sec) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations. The City agrees also that it will obtain such assurances from all its concessionaires. 6 • 7, -� • c) The City furnishes, as part of this contract, its assurance that it will comply with Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646). ARTICLE 7 - OPERATION AND MAINTENANCE. The City shall provide for the operations, maintenance and replacement without cost to the Government of all facilities developed to support project recreation opportunities. The City shall provide for the maintenance of all project lands, waters, and facilities to the satisfaction of the Contracting Officer. ARTICLE 8 - RELEASE OF CLAIMS. The Government and its officers and employees shall not be liable in any manner to the City for or on account of damage caused by the development, operation and maintenance of the recreation facilities of the Project. The City hereby releases the Government and agrees to hold it free and harmless and to idemnify it from all damages, claims or • demands that may result from development, operation and maintenance of the recreation areas and facilities. il ARTICLE 9 - TRANSFER OF ASSIGNMENT. The City shall not transfer or assign this contract nor any rights acquired thereunder, nor grant any interest, privilege or license whatsoever in connection with this contract without the approval of the Secretary of the Army or his authorized representative except as provided in Article 4 of this contract. ARTICLE 10 - DEFAULT. In the event the City fails to meet any of its obligations under this agreement, the Government may terminate the whole or any part of this contract. The rights and remedies of the Government provided in this Article shall not be exclusive e;id are in addition to any other rights and remedies provided by law or under this contract. 7 ;II ARTICLE 11 - M IINATION OF RECORDS. The Government and the City shall maintain books, records, documents, and other evidence pertaining to costs and • expense incurred under this contract, to the extent and in such detail as will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, and services and other costs and expenses of whatever nature involved herein. The Government and the City shall make available at their offices at reasonable times, the accounting records for inspection and audit by an authorized representative of the parties to this contract during the period this contract is in effect. ARTICLE 12 - RELATIONSHIP OF PARTIES. The parties to this contract act in an independent rapacity in the performance of their respective functions under this contract and neither party is to be considered the officer, agent, or employee of the other. ARTICLE 13 - INSPECTION. The Government shall at all times have the right to make inspections concerning the operation and maintenance of the lands and • facilities to be provided hereunder. ARTICLE 14 - OFrFICIALS NOT TO BENEFIT. No member of or delegate to the Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any oenefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. ARTICLE 15 - COVENANT AGAINST CONTINGENT FEES. The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the • 8 rn r �: Government shall have the right to annul this contract without liability or in • its discretion to add to the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 16 - ENVIRONMENTAL QUALITY. a) In furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law 91 -190, 42 U.S.C. 4321, 4331 -4335) and Executive Order 11514, entitled "Protection and Enhancement of Environmental Quality,' March 5, 1970 (35 Federal Register 4247, March 7, 1970) the Government and the City recognize the importance of preservation and enhancement of the quality of the environment and the elimination of environmental pollution. Actions by either party will be after consideration of all possible effects upon the project environmental resources and will incorporate adequate and appropriate measures to insure that the quality of the environment will not be degraded or unfavorably altered. b) During construction and operation undertaken by either the Government or the City, specific actions will be taken to control environmental pollution which could result from their activities and to comply with applicable Feder:'-, °..___ —._ _c_c_ _awz and regulations concerning environmental pollution. Particular attention should be given to (1) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gases and smoke from temporary heaters; (2) reduction of water pollution by control of sanitary facilities, storage of fuels and other contaminants, and control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) on and offsite disposal of waste and spoil aetivitl.es; and (5) prevention of landscape defacement and damage. 9 rr ARTICLE 17 - EFFECTIVE DATE. This contract shall take effect upon approval by the Secretary of the Army or his authorized representative. • IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. THE UNITED STATES OF AMERICA By Colonel, Corps of Engineers Commanding Contracting Officer DATE APPROVED: By Deputy Commander, USAGE Authorized Representative Secretary o. the Amy CITY OF RANCHO CUCAMONGA Mayor of the City of Rancho Cucamonga DATE ATTEST • City Clerk DATE DATE • m n � OP ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE • UNDER TITLE VI OF CIVIL RIGHTS ACT OF 1964 City of Rancho Cucamonga (hereinafter called "Applicant- Recipient") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to the Department of Defense Directive 5500.11, December 28, 1964 issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant - Recipient receives Federal financial assistance from the Department of the Army, and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant - Recipient by the Department of the Army, assurance shall obligate the Applicant - Recipient, in the case of any transfer of such property, any transferee, for the period, during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant- Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant- Recipient for the period during which the Federal financial assistance is extended to it by the Department of the Army. , • THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal finzncin apsistence extended after the date hereof to the Applicant - Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant- Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and the United States have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant - Recipient, its successors, transferees, and assignees and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant - Recipient. City of Rancho Cucamonga (Applicant - Recipient) By Mayor (Applicant - Recipient's Mailing Address) 9 EXHIBIT B h �A�. • 0 V STAFF REPORT'`` DATE: June 15, 1983 r Ip TO: City Council and City Manager 1977 FROM: Lloyd B. Hobbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Request for Waiver of Conditions for Parcel Map 4773 located on 23rd Street 850 feet east of Etiwanda Avenue and 950 feet north of Summit Avenue Mr. Leonard Charles, Jr. has submitted the attached letter requesting a change in conditions for Parcel Map 4773. Mr. Charles is in the process of purchasing Parcel No. 2. This parcel map was first brought before the Planning Commission on January 24, 1979 for the divison of 1.8 acres into two lots. The conditions of approval required a 40 foot dedication of land along 23rd Street from Etiwanda Avenue to Lot 1 and through Lot 1 and Lot 2 and the paving of a 26 foot wide strip of this dedication, After discussion of the 40 foot dedication, as shown on the attached minutes, the project was continued to February 14, 1979. At this meeting, Planning Commission adopted Resolution No. 79 -09 with the original condition for the 40 foot dedication. Attached are minutes from this meeting. After receiving a letter from Mr. Kortepeter's attorney requesting clarificaton of certain requirements of Resolution No. 79 -09, Planning Commission again discussed the conditions of Parcel Map 4773 at the meeting of October 24, 1979. At this time, conditions 1 -10 of Resolution. No. 79 -09 were deleted and replaced with the conditions as shown on the October 24th staff report attached. These new conditions stated that the 26 foot wide paved access to Etiwanda Avenue would be done at the time of development of Parcel 2, with a lien agreement and street plans being submitted prior to recordation of the final map. Mr. Kortepeter then appealed to City Council on November 21, 1979 requesting the condition to provide 26 feet of pavement to Etiwanda Avenue be waived. The City Council upheld Planning Commission's approval. Mr. Kortepeter has provided the City with plans and a lien agreement to complete the work in the future. Mr. Charles is now purchasing Parcel No. 2 and again would like the condition to pave the 26 foot strip from Etiwanda Avenue to Parcel No. 1 waived. � r D'C .� CITY COUNCIL STAFF REPORT Request for Waiver of Conditions for Parcel Map 4773 June 15, 1983 Page 2 As pointed out in the attached minutes, the original purpose of the Parcel Map • was a split for tax purposes only. Had other development occurred in the area to create adequate access, Parcel 2 could be relieved of the condition. No such access has been created. It has been City policy to not allow creation of additional parcels without the provision of adequate public access. It is Staff's opinion that this policy should be retained and the request for waiver denied. In the event that the Council should wish to waive the conditon at this time, it would be neessary to amend the conditions of the Parcel Map through the Planning Commission holding a Public Hearing on the issue. RECOMMENDATION It is recommended that Council deny the request for waiver. Respectfully submitted, L :9K:jaa Attachment a. cv • .v TENTATIVE PARCEL MAP N0. 4773 - -., -- !+ txr c n ! 11 .,., ��- ^d'�'- atr.l olrl;iwwlnxnwstm u. aa+'e-a [room coon tom .5 H! Rtl acwflu Ix p5 16 Wvi. vVF St aLdNS R SW - awuulW mwn. cunonu. 6 _ . 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PIA 31/67 N , -S rwel MOP t CITY OF RANCHO CU(NIONGA W STAFF REPORT DATE: JANUARY 24, 1979 • TO: PL\NI;G MMISSION FROM: JACK LC•1, Director of Community Development SUBJECT: NEGATIVE DECLARATION' FOR PARCEL `LAP N'0. 4773 AND PARCEL MAP SO. 4773 - KORTAPETER - The division of 1.8 acres of land into two (2) .9 acre lots Located 850' east of Etiwanda Avenue and 950' north Of Summit Ave. BACKGROUND: This parcel map is being brought before the Planning Commission as an example of staff's suggested policy regarding access improvements on Parcel Naps. This application is of particular interest in that several inherent problems related to street improvements are associated with this map. Access to this site is provided by an 847' unimproved private easement from Etiwanda Avenue. Residential development has occurred on both sides of this easement and no street improvements have been provided. ANALYSIS: An existing single family residence exists on the western portion of the site and the lot split will create one (1) buildable lot on which one additional single family residence may be built. The property is zoned R -1 and the proposed General Plan designation is Windrow Preservation, The Engineering Division has reviewed this project and suggests the following • requirements: 1, A 40' dedication of land along 23rd St. from Etiwanda Ave. to Lot 1 and through Lot 1 and Lot 2; 2. Full street improvements along Lot 1 only; 2 the time of development; 3. Deferment of improvements on Lot until and 4. 26' wide paving of the easement from Eitwanda Avenue to Lot 1 and through Lot 1 to Lot 2. These suggested requirements reflect staff's proposed policy for street improve- ments on parcel maps. ENVMO: ^(ESTAL REVICW: The subject site is located on deep alluvial soil and has a Rradienc of 4 percent. A Eucalyptus windrow runs along the northern boundary of the property and would have to be removed when the desired street improvements pro installed. The only alternative which would allow retention of these trees is the requirement of an additional amount of dedication, using the trees as n median island. Staff feels that this alternative is not viable, realistic or equitabl0 for the affected property owners or for the City. Policy regarding the ':indrow preservation designation suggests preservation of windrows whenever it is feasible to do so. Preservation of trees at this site i:; mat feasible in light of the existing development. Staff feels that removal of these trees will not he detrimental to the existing windrow pre5er"tion nolicv. lherefnre, removal of these trees would net Create a .,nnilicint • environmental impact. ITEM "G" P -, C/ — 0 • Page 2 The environmental check list did not indicate any other significant adverse environmental impacts as a result of this project. Staff has field checked the site and has found no discrepancies with the checklist other than the re- moval of the windrow. Staff finds no other significant adverse environmental impacts associated with this project. RGCO: =-. :DATIO'<: It is recommended that the Planning Commission 1) issue a Negative Declaration for Parcel Map Vo. 5773 and 2) adopt Resolution So. 79 -09 approving Parcel Map \o. 4773. Respectfully1submitted, JACK LAM, Director of Community Development JL: SN-H:elm Attachments: Resolution No. 79 -09 • I d, , • Q A Motion was made by Commissioner Garcia and seconded by Commissioner Jones to continue review of the service station standards and snecial boulevard • standards to the next regular meeting of February 14, 1979. AYES: GARCIA, JONES, DAHL, TOISTOY, REfPEL NOES: NONE ABSENT: NONE � • � x a NEGATIVE DECLARATION' FOR PARCEL MAP NO. 4773 AND PARCEL `LAP NO 5773 - KORTEPETER The division of 1.8 acres into two lots located 850' east of Etiwanda Avenue and 950' north of Summit Avenue - R -1 zone Bill Hofman, Assistant Planner, reviewed the staff report in detail, these being on file in the Planning Division. He recommended that the Planning Commission issue a Negative Declaration for Parcel Map No. 4773 and adopt Resolution lie. 79 -09 approving Parcel Map No. 4773. Chairman Rempel asked for questions from the Commission of the staff. Commissioner Dahl stated he would like to publically state that he knows Mr. Kortepeter; however, he does not feel it will impair his judgement on the matter. Mr. Hopson, City Attorney, stated his interpretation of conflict of interest is that of financial involvement. Anvthing other than financial involvement is not considered a conflict of interest. . Barry HoFan stated he might add this parcel map is not a proposed development, the applicant only proposes to split the property. At the time of development of Lot 2, they would be required to meet all city requirements. Commissioner Garcia asked what is the proposed land use? Bill Hofman stated the general plan designates windrow preservation which allows for residential development at a density of .1 to 3 units Per acre. Chairman Rempel stated the major item of concern is the improvement of 23rd Street to Etiwanda Avenue. Chairman Rempel asked for comments from the applicant. Mr. Kortepeter, applicant, stated he applied for a land division on November 22, 1977. He has taken pictures of the area end has taken notes on the pictures which he reviewed with the Commission. The road is now maintained by the people that Live there. lie sees no rva <on m cut done 159 eucalyptus trees that protect residents frnm the wind. He stated he has n question concerning the 40' offer of dedication. Is this 40' offer of dedication from Lot 1 west to Etiwanda Avenue? Planning Commission Minutes -10- January 24, 1979 • V1 Mr. Hobbs stated that is correct. • Mr. Kortepeter stated if this is required, the people in the area w511 not only lose their eucalyptus trees but also some of the homes, garages, water lines, etc. Mr. Hobbs stated the 40' is required under the Street Highway Act, the City can not accept into the maintenance system less then 40' of road -lay. He would like to see a residential area served by public roads and maintained by the City. It is more egoftahle from an access standpoint and from maintenance stand- point. If the streets are to be maintained by the people living in the area, there tends to be serious problems and something that all cities try to eliminate. The Engineering Division would like to work with the applicant to help him get the neighbors together and help them understand what we are trying to do. The road will be to their benefit. If the people on the street, in order to preserve the windrows, were willing to make some sacrifices there is some possibility that this could be worked out. However, this has to be done with concurrence with the people on the street. The City Council on numr�us occasions has required improvements such as those required on this parcel map. Mr. Kortepeter stated he would agree to pave the front of his property; however, he does not feel it should be up to him to see that the entire road is completed. Commissioner Tolstoy stated if he understands correctly, is Mr. Kortepeter required to dedicate the entire 40'? Mr. Hubbs stated we are asking that Mr. Kortepeter attempt to obtain dedications • from his neighbors equaling 40' of right of way from his parcel to Etiwanda Avenue. Chairman Rempel stated there are other streets within our city that will have the same problem as Mr. Kortepeter. He doesn't feel the City wants any more streets of this nature because of the problems they cause. People will complain to the city and say they want the street paved and maintained and streets of this nature cause many problems. Mr. Kortepeter stated this is a private road at the present time and the people in the area are not asking the city to do anything. Commissioner Garcia asked if the other residents in the area are totally opposed to the engineering recommendations. Mr. Kortepeter stated he can't speak for the other people in the area. From talking with the people they have indicated they would like to be left alone. The only people that use this road is the ones that live in the area. Clara Murillo, 1166-) Monte Vista Avenue, Chino, stated as far as a solution to thie prohicm, one solution would be to state that if any applie a[ion is made for a sw;mming F.... 1, room, addition, or any building permit, it be tied to putting in hnnrovvments and mnkiuc dedication. For Mr. Kortepeter to have to do ell improve- rent!; is not right, but would he more equitable to he tied to any future building permits. Mr. Vir Sherback asked if the City has the authority to require a road to be developed under the 1911 Art if a majority of the People want to put it in. planning Commission Minutes -11- January 24, 1979 e ,Y-6 Mr. Hubhs stated if 50 percent of the People will conc::r, the 1911 Act could be instituted. Co=issioner Garcia stated he would like to have an (p ?ortunity Co review this • site a little more before ^akin, a determination. He would like to become more familiar with the 1911 Act. Mr. Rortepeter stated the people in the area minht not be hesitant )f maintaining or coning up with funds to maintain what is there but as far as cutting down trees, garages, etc., they would not he in favor of this. Doug Taylor, owning property cast of Mr. Bortepeter stated he is presently building a house on his property. He will not cut down his eucalyptus trees to put a road in. Comm issioner Garcia stated this decision will set a president for future develop- ments in the city. He would like the applicant to work with staff and contact the property owners to get sufficient data to be submitted to the Commission in order for them to properly analyse the situation and make a proper judgement in this particular case. A 'lotion was made by Comm. issioner Garcia and seconded by Commissioner Dahl to continue review of Parcel Map No. 4773 to the next regular meeting of February 14, 1979. In the meantime, it was requested that a meeting be held with owners of property in this area and City Staff to try to work out a solution to the problems. AYES: GARCL\, DAHL, JONES, TOLSTOY, REIPEL NOES: NONE ABSENT: NONE POLICY FOR iMPROVB11ENTS ON PARCEL MAPS A Motion was made by Commissioner Garcia and seconded by Commissioner Tolstoy to continue review of this policv to the next regular meeting of February 14, 1979 in conjunction with review of Parcel Map No. 4773. AYES: GARCIA, TOLSTOY, DAHL, JONES, REMPLL NOES: NONE ABSENT: NONE INTERP! L4ND PSE, CIR of L1T10:: AND PUBLIC FACILITIES ET.EMENT - Referral from Council for rccommendatinn on specific areas of concern. Area: aaet h.: es[ of 17th and ArehfhaLd (Vanir Prr Pe tt_y). • Jack lam, Direotor of Community Dove!epment revtew,'d the staff report in detail, this being on file in the Planning Division. He rrpnrted the general plan desig- Planning Commission Minutes: -12- January 24, 1979 • r J: CITY OF RANCHO CUCN UNGA r � STAFF PEUT • DATE: February 14, 1979 TO: PLA:, LING CONCUSSION FROM: JACK LAM, Director of Community Development SUBJECT: Parcel Map No. 4773 -- Kortepeter -- the division of 1.8 acres of land into two (2) .9 acre lots located 850' east of F.tiwa.nda Avenue and 950' north of Summit Ave. BACKGROUND: As the Planning Commission will recall, this application was continued from the January 24, 1979 meeting to allow staff to meet with and receive input from the residents affected by this subdivision. Lloyd Hobbs, the City Engineer, and Bill Hofman, of the Planning Staff, met with the residents at the home of Cary Kortepeter on January 31, 1979. The Staff members explained the access improvement policy being, proposed to the Planning Commission and the reasons for the conditions of approval placed on 'it. Kortepeter's map. In summary, the conditions are: 1. A 40' dedication of land along 23rd St. from Etiwanda Ave. to lot 1 and along the frontage of lot 1 and lot 2; 2. Full street improvements along the frontage of lot 1; • 3. Deferment of improvements along the frontage of lot 2 until the time of development; and 4. 26' wide paving of the easement from Etiwanda Avenue to lot 1 and along the frontage of lot 1 and lot 2. The majority of the residents in attendance stated that they did not want to dedicate their land to the City nor pave the street. They indicated their desire to retain the rural atmosphere of the neighborhood and felt that paving, would invite unwanted traffic. They further expressed their desire to stop new residential development along their street, however, indicated that Mr. Kortepeter's lot split could be an exception. ANALYSIS: The Planning Commission is aware of similar situations involving unimproved private easements in other areas of the Citv. The maintenance of such easements becomes increasingly difficult and costly as development continues. The proposed nceess improvement policy is designed to alleviate existing access problems and prevent future ones. The resident: of 23rd Street have indicated tbuir desire to retain a rural atmosphere in their neighhorhood by limiting development, however, the, feel Mr. Kortepeter could he an exception. Staff's position is prior applications before the City Council have alreadv set policy for improvements, and to waive improvements in this situation would he setting n precedent and create incon- sistencies in policy. If improvements were waived, other subdividers could de- lob, mand the same treatment and existing access problems would perpetuate. ITEM 4 '. 4 � Page 2 RECO ?LIIEND.ATION: Staff recommends 1) issuance of a Negative Declaration for • Parcel Map No. 4773 and 2) adoption of Resolution No. 79 -09 approving Parcel Map `Jo. 4773 (with improvement and dedication of 23rd St.) Respectfully )Isu'bbmjfit ted, JACK I.AM, Director of Community Development JL: BNII: elm Attachments: Resolution No. 79 -09 Exhibit A - Parcel Nap No. 4773 Staff report to Planning Commission, January 24, 1979 • • SEG : \T IC F: D=!V ,ATTn)1 FOR 11,0,CEL NAP NO 6773 ARM P ?.;CFI. `! , ^ '::1. ..777 • 1'na civir.ien of 1.8 acres inn t',;o 10.5 i0c ace.: 'dot' vn sto: Ery :anca : \v enua ::n c:. o g0` nort'n of Su.. ^.lt Avenue - R -1 zone. Bill ao[raa, Plann in; ds s'isCant, reviewed thr staf sport in detai' this beinq on file i;: t a Planning Division, indicating that 'notn lie ant the C4,:: = ^aineer had net witiv'tim a';p"C3nt and tole area residents to tile srt uat inn. Staft issuance of a ::ogetive Declaration Por Parcel 'in? ::o. -773 and adoption of Resolution So, 79 -09 epprovinn Parcal :'an 9o. 4773. C'tni r•.an Rem ?al asked for Questions from the C1=11aio1 of the Staff There being no questions from the Commission of the Staff, Chairman Rempel asked for co ments from the applicant. Mr. &ortepeter, applicant, thanked Lloyd Hubbs and Bill Homan for meeting to listen to the people in the area. He hoped that the Commission would understand his problem and that he shouldn't be responsible for someone else's street frontage. Mr. Cone Rice, property owner to the south, stated he understands some of the conditions for approval do not involve monetary expense but are impossible due to the fact that the width of the road is not available. He wondered if the city is imposing conditions that will be impossible to meet not necessarily from monetary expenditure but just an impossibility to meet. • >1-. Hopson, City Attorney, stated the City's position is never to impose condi- tions which are legally impossible. Mr. Hogan stated there are certain developments that may encroach on straight alignment of the street. We are not suggesting through this condition that those structures, or irrigation lines be removed or relocated. The Engineering Division has indicated that the irprovements as recotmaended can be acco- •.plished. I Commissioner Garcia stated he had the opportunity to drive through this area. The Engineering Division has to look at this area as a special area in which the street pattern will have to be designed in order that the hundreds of eucalyn- tuS trees are not demolished. A Motion was made by Comnissioner Garcia and seconded by Commissioner Jones to approve Resolution !Go. 79 -09 subject to the findings and conditions as contained therein. AYES: GARCIA, Jn`;F.S, TOLSTOY, REMPBL NOES: KOFIS ALI SE :': DAI:L Pinning c:onmio-s ion )Iinut.; -9- F,bruary 14, 1979 C� t „) RESOLUTIOM: NO. 79 -09 • A RESOLUTION OF T1OZ rA: ;ClIO MCC,\.. ^,O'li;A PLANNING COMMISSION APPROVING PARC. M. KAP `i0. 4773 TO DIVIDE 1.9 ACRES OF LAND INTO TWO LOTS LOCATED 850' FIST OF ETIWANDA AVENUE AND 950' NORT -H OF SUIMIT AVENUE I`i THE R -1 7.0NC. WERF.AS, on the 30th day of November, 1978, a formal application was filed with the City Planning Division; and WIAEREAS, on the 24th day of January, 1979, the Planning Commission held a meeting to consider said project and continued to February 14, 1979. follows: NON, THEREFORE, THE RANCHO CUCA.NONGA PLANNING MMISSION resolved as SECTION 1: That the following findings have been made: 1. That the proposed map is consistent with the proposed General Plan of the City of Rancho Cucamonga. 2. That the design for improvements of the proposed • suhdivision is consistent with applicable general and specific plans for the City of Rancho Cucamonga. 3. That the site is physically suitable for rile proposed density of development. 4. That the design of the proposed improvements is not likely to cause substantial environmental darage or substantially and unavoidably injure fish or wildlife or other habitat. 5. That the design nor the type of improvements is not likely to cause serious public health problems. G. Thot the design or tho tvpu of improvements will not conflict with easrments acquired by tilt, I- •ublic al large for access throe {;h or use of property within the proposed eubd icia inn. S1'fTi0': ^ 'Ph:t rhis 1,19d division will not cronte adverse impacts o . th - - - u:d that a tb'eativo Nrrlaratien is issuod on SF_CTInN 3: 1'1:it Pnrrcl Map 90. 4773 is nl'proved subject to the followi"0 C ondi L ionS: ,ja 9. The City Engineer shall make the determination, pursuant to Section 66476 (C -1) of the subdivision map act, that the division and development of the property will not unreasonably interfere with the free and complete exercise of any public entity or p•.lblic utility right - of -wav or easements. The signature of any public entity or utility moy be omitted from the final map if written notification of objections is not filed with the City within the time limits specified in Section 66436 (C -1). 10, the developer siva ll Hoer all Final flap requirements of lho City inc hiding het not limited to providing Traverse calculation sheets, copica of recorded map and deeds used as rcierenro I'Vor showing original land dieinion, tie note: and hooch marks that are reticrenced thereon. 11. All regeiremento of tlw i`ucthill Fire District shall to coma li eJ with. APPt VEP A!M ,1ILOP'IFIl TIIfS 1 .1'!I DAY OF 1079. PLAtaiF11G COlg.li:i 51011 PP -lpi: CITY nP 9.V;C110 CDCAMON(i:A. N�a 1. 40' of dedication shall be n,u1c nlcnl: 23,1 stn•ot from F.tiwanda Ave. to lot i and tl.r,,::rh Lot 1 an•l Lot 2; this access shall be 1'.1v"d •.:itil 26' wide paving. fr..m Etiwanda Avenue to L'It 1 and cilre.gh lot 1 to Lot Z. 2. Full street inprovements shall be provided along the frontage of Lot 1 alon. iird Street. 3. , \t the time of development street improvements shall be provided along, the frontn3e Of lot 2 along 23rd Street to the satisfaction of the City Engineer. 4. Developer shall coctdir,nto and pay where necessary for relocation of any public utililicS. 5. Developer shall provide all construction plans for drainage and street imprOVCmentS to the SatiSt.Ction of the city Engineer. 6. Sanitary sewers and wator system shall be designed and coordinated with the Cucamonga County Water District standards-. 7. The proposed subdivision shall meet the provisions of Zone D of the iYational flood Insurancc, Program. •B. All requirements of the Southern California Edison and Southern California Gas Cos• shall be met. 9. The City Engineer shall make the determination, pursuant to Section 66476 (C -1) of the subdivision map act, that the division and development of the property will not unreasonably interfere with the free and complete exercise of any public entity or p•.lblic utility right - of -wav or easements. The signature of any public entity or utility moy be omitted from the final map if written notification of objections is not filed with the City within the time limits specified in Section 66436 (C -1). 10, the developer siva ll Hoer all Final flap requirements of lho City inc hiding het not limited to providing Traverse calculation sheets, copica of recorded map and deeds used as rcierenro I'Vor showing original land dieinion, tie note: and hooch marks that are reticrenced thereon. 11. All regeiremento of tlw i`ucthill Fire District shall to coma li eJ with. APPt VEP A!M ,1ILOP'IFIl TIIfS 1 .1'!I DAY OF 1079. PLAtaiF11G COlg.li:i 51011 PP -lpi: CITY nP 9.V;C110 CDCAMON(i:A. N�a CITY CS RA)1C HD CJCA101: ;A ASSTg,AC•;; As the Commission will recall, this item came before you approximately six weeks act in order to resolve some of the conditions of approval which the a_:p1i- eant felt he could not meet. Staff has met with the applicant, his Engineer and Attorney, to seek a resolution of the problem. Attached, please find Resolution No. 79 -09 aonroving Parcel Nap No. 4773. The conditions of approval which the applicant finds unacceptable or in his opinion is not able to meet are condition P1 and 4 -8. The applicant has suggested that condi- tions 2 and 3 be reworded so that he may provide a bond to do the street work on Lot 1 and 2 frontage or provide cash in lieu of the bond. Additionally, the applicant indicates that he will prepare street plans within 300' of either side of the property or street plans from his property to Etiwanda Avenue, whichever is more acceptable. • in meeting with, the applicant, he expressed that it was his desire to divide the property only for tax purposes, not for development. In light of this development, staff feels that for the applicant to meet the conditions of approval .nor to recording the Final Nap might be an undue hardship or burden upon the applicant since no development is contemplated at this time. We suggest that the Resolution be amended as follows: 1) An irrevocable offer of dedication shall be made on Lot 1 and Lot 2 and recorded with the Final Parcel Map. 2) At the time of development of Lot 2, a 26' wide paved access from Etiwanda Avenue to the eastern property line of Lot 2 shall be installed at the Lot 2 owner's exrense. A lien agreement prepared by the applicant to the satis- faction of the CitJ Engineer shall be provided and recorded with the Final :fan to gnarantce the 26' wide paved access installation at Lot 2 owner's expense. 3) The applicant shall provide all the construction plans for drainace and street improvements for the 26' width Of pavement prior to the recornttion Of the final man and to the aatisfaction If.. the Cit; Engineer• 4) Danrtlry n.wer.s and mntcr syntens shall he desia:nari and coordinated wit's the Cacamon'ta County latcr District standards. S) The n.m('r of Lot 2 shall cetr:iir,ato and ;'ay where necessary for the • relocation of any p1drlic ntilitics at the time of construction of the 2G' width of pavement. '1 y ITFN °Kn r' c" GTp,-r p_cO RT • DATE: October 24, 1979 TO: Planning Commission FROM: Jack Lam, Director Of Co:rmn ^.it;• Development SUSJ CT: PARCEL 14;P NO. 4773 - KORTEPETER ASSTg,AC•;; As the Commission will recall, this item came before you approximately six weeks act in order to resolve some of the conditions of approval which the a_:p1i- eant felt he could not meet. Staff has met with the applicant, his Engineer and Attorney, to seek a resolution of the problem. Attached, please find Resolution No. 79 -09 aonroving Parcel Nap No. 4773. The conditions of approval which the applicant finds unacceptable or in his opinion is not able to meet are condition P1 and 4 -8. The applicant has suggested that condi- tions 2 and 3 be reworded so that he may provide a bond to do the street work on Lot 1 and 2 frontage or provide cash in lieu of the bond. Additionally, the applicant indicates that he will prepare street plans within 300' of either side of the property or street plans from his property to Etiwanda Avenue, whichever is more acceptable. • in meeting with, the applicant, he expressed that it was his desire to divide the property only for tax purposes, not for development. In light of this development, staff feels that for the applicant to meet the conditions of approval .nor to recording the Final Nap might be an undue hardship or burden upon the applicant since no development is contemplated at this time. We suggest that the Resolution be amended as follows: 1) An irrevocable offer of dedication shall be made on Lot 1 and Lot 2 and recorded with the Final Parcel Map. 2) At the time of development of Lot 2, a 26' wide paved access from Etiwanda Avenue to the eastern property line of Lot 2 shall be installed at the Lot 2 owner's exrense. A lien agreement prepared by the applicant to the satis- faction of the CitJ Engineer shall be provided and recorded with the Final :fan to gnarantce the 26' wide paved access installation at Lot 2 owner's expense. 3) The applicant shall provide all the construction plans for drainace and street improvements for the 26' width Of pavement prior to the recornttion Of the final man and to the aatisfaction If.. the Cit; Engineer• 4) Danrtlry n.wer.s and mntcr syntens shall he desia:nari and coordinated wit's the Cacamon'ta County latcr District standards. S) The n.m('r of Lot 2 shall cetr:iir,ato and ;'ay where necessary for the • relocation of any p1drlic ntilitics at the time of construction of the 2G' width of pavement. '1 y ITFN °Kn r' c" 06) The proposed subdivision shall meet the provisions cf zone D of the eatioml Flood Insurance Program. 7) All requirements of the Southern California Edison and Southern California Gas Company shall be met. 8) The City Engineer shall make the determination pursuant to Section 66436 (C -1) of the Subdivision Map Act of the division and development of the property will not unreasonably interfere with the free and complete exercise of any public entity or public utility right- of -wav or easements. The signature cf any public entity or utility may be omitted from the final map and written notifi- cation of objections is not filed with the City within the time limits specified in Section 66436 (C -1). 9) The developer shall meet all final map requirements of the City including, but not limited to, providing traverse calculation sheets, copies of recorded maps and deeds used as reference and /or showing original land division tie notes and bench marks that are referenced thereon. 10) All requirements of the Foothill Fire District shall be complied with. It is our feeling that with the revisions on the conditions that are suggested above, the applicant would have little or no development oriented cost involved in recording his Final Map. RECOMMENDATION: It is recommended that the Planning Commission amend Resolution No. . 79 -09 as suggested herein. Respe6tfully submitted; Jack a-1',"py rlll e{Jcto�r /jo` '' — "" Community Development JL:6KN:cc Attachments: Resolution No. 79 -09 dUU PA 4 ram ",a o. sr]: _ ::IIRT_?'.-: - Ramses[ tar el aI if I -a :von of ce o mein sea •it IN ual —t parcel nap located -dill' ease at Ecivando Avenue and 9,0. nar[II S- -r, Avenue. Lloyd Hobbs. CI[) Engineer, ravi owed the staff report. Staff r ends coat the Coeuzs ion amend Hesolutice b. 79 -09 as suggested in to. s,.:fr port. Chaie..n Russell asked for c,mmtents fro. the audience. Carol Tanenha c, A¢cney for ^r. bercepetrr, asked t`at additional '•ord:nc for • elarifizat :pee be a ndition ? =3 listed in the staff [ She a d that a An•i c.sle offer o Ledica[i0000 aD' [made for stn ^ ^[ n shall be on Lotri and Lot 2 ped recorded s u� esSne �o3nb Final Parcel f, r asked for clarification that condition worded as fcllcvs: The app L c.mt shall p vide all the c nst-actaon plans far dto i:mom a I. rov ..nt: : 25' width. o "'It [a r [the eCit. e r and to i the recordation of thew f' the ing:neer fro -. a Ao.,- to be and of for ; San i rdic.,I dot eii +'o vita trey sta:: r at let$ tire " t'^,e ins of the Cip, t,hatr -6u rE paved access from r ands Avenue to the eastern - -ty line of Lot - shall be installed at che v low o is a alone withy� relocation mst of a public utilities. Such a condition at this lime would he unfair and arbivrary. Sheasked that Condition A2 within t'ne staff report be tharand as follows: Applicant shall provide a lion t1tacrer, for s i.prov.ila nts alone the fron- cage of Lots 1 and ; on the frontage of 23rd Street. In addition to the above changes, she submitted a -Iron to the Ccnnisaion suegesung the r in and e79 deletion of certain conditions within the current Resolution No. -091 Mr. Hubbe indicated he does not see a problem with revising condition al and vo 03 a vadii.,ed by Mrs. Tanenbaum. No indicated under r subdivision ord ir.axe, the Cit, ingineer and the Comm, ission have to m certain findings before a parcel map is a'p,oved. Amore [lane are coat the design and proposed I rtee-ents are not likely to c l danger o create a problem of health and safety. e • cnet Staffs' opinions is [ bar these• finding, v0aid be able to be rude vilh.al the conditions as listed in the s art. He stated he is i agreement with conditions Ill and ^3 as listed in Mrs. T ... -omen oalyr, and can not accept the ...aining conditions as indicated iv her me.. Cipl- assioner Garcia asked if it will be almost tape ... ble for the applicant to make the improvements as required by staff. Mr. Lam stated the condition E2 which Mr. Korterster is opposed to, aces not place a e burden upon Mr. Aortepecer. The condition applies to the development of lot 02 and met Lot E1. Mr. 6oriepdter has Indicated that he wishes to split [his lot far tax purposes a this time. Therefore, no paved access will be required • t : development of Lot ^ This r nu4ement will not be required a a cendltion of: ' - p but will be required or [he tire of Lot C develo!rlent. It is his opi-annstaff 'seas worked with the applicant In gvgp way possible. Mr, a-Lbs stated when Resolution No. 79_07 was adopted, it w s the intent to stop the proleferat inn of lots that don't have Rood public access. That Folios was in rat occasions. effect at the [into of ration end upheld by the Conncil o n c Thu City is tr yang Is Fro rect the pub l,, safety by nac all ov conditions that are unsafe and undesirable. In undo, to divide and prolo[e more development on that prop cr o-;, the :n vamp rov ncen[s need to be made. Conrill"aler Dahl indiossed what concerns him is that there hive been hoes. In this area built recede!. or lv er under construction that this condition did not aFplr to. He does at feel it is fair to require this an a condition of the parcel cap when others in the same area have not been required to comply with the ain tradition. . e Ye 'n cn rri t •• h „_,.n . II, grrie.i•m•r Dabl Is .... ,, of v I, wed r the r ;Inn r , 1. ro nl1m. _. r Apo loollnp s apn—vold to ,ill Cits .noid t• r rr'i ti t the :a. r r{a In ns a, Mr. Sort ....... Ca - ^I's hn ^r Pala ='l tr-0 "^ . ll l iii, r, r - n'll n,at, thgt h^ n ^pr nc in R< ^r. L omit•[ •.• •.r„ 'a :'rr. rrv.l-•1 .1 rr711^-1'.: nn 11111 pmc9 ra v. lit•,: n.: •t cant [: ..... .:1” ... r, ry null F, , vbnr stiff i:: rl". '. Nov.. a doe. .., If.,: :t v..n. .,r n . ,1.1`;1,• 1n. n •. Irol r., arm .m.v vl Ina 1. A _.r:..r : .ter .. :.. ....ir1 1.., f.•-- ..-air r L4 -d „,. urat I,, 'I sti.' -. `., :..� � ... r +� i.l d• L inn: -Il ..: 1.11t11 -. 2 and cool l.,. 1y- '11h C .. ., , . .. Con ti te #1 a,, ':l ,, l.. 116 ac 1 11, ., 1, n . Il .. '.•Io er a of dti ^r ,r rr..r =hall ball b: man^ 'm Lot Lnr anA r r,... .�t �r -trot l.nd.- is -r�61 )lap. 2. Th= ar ::l: art .h.ra me1,:.• .LLI Pro ron.[r.'tics alarm Ion tir. •.•, .-: rrvr a -A •a r. .. -e 11 ': at rr 1..• r inn r rr L Ile r •; rov” n :or ^. hau rn p rho f:rai r, nd r^ :hr a rsl a:u ml If rh: rib: i :nc.- le 1 nenrrfrr- of i_c.l nda Avunw rn tM rm1 r! Lo, Z. -- — AYES: Rt9P•L, 1'01STM, GARCIA /99, NOB DAHL �U•S D�j;�Y� • CITY OF RA1lC110 CUCNpNGA MK!ORA:DLN Date: Sovember 21, 1979 To: City Council and City Manager From: Jack Lam., Director of Community Development Subject: APPE,IL OF PLANNING C(U^1ISSION DECISIO): REGARDING RFSOLUTION' S0. 79 -09 FOR PARCEL NAP NO. 4773 - KORTEPETER Attached, please find the letter of Appeal from the applicant's attorney. After a number of meetings with the applicant and his attorney, staff worked out what we believed to be an amiable compromise. In meeting with the applicant, he expressed that it was his desire to divide the property only for tax vurnesec and not for development. In light of this fact, staff amended the conditions of approval to waive the requirements for improvements until the development of Lot 2. The applicant's attorney at the tine of the Planning Commission meeting insisted that Government Code, Section 66411.1 did not allow the City to require improve- • m nts beyond the limits of the lots created. Specifically, the attorneV Was ree ferring to the condition of approval that required a 26' wide paved access from Etiwanda Avenue to the eastern property line of Lot 2. What the attorney's letter does not state is that the full quote of that sentence of the Government Code Section. It is as follows: "Whenever a local ordinance requires improvements for a division of land which is not a subdivision of 5 or more lots such regula- tions shall be limited to the dedication of rights -of -way easements for the parcels being created." It was the Planning Commission's opinion that reasonable off -site improvements is a 26' wide paved access from the eastern property line of Lot 2 to Etiwanda Avenue. This is in line with the Planning Commission policy and Council policy. Further, Chapter 4, Article I, Section 66474 requires that a legislative body of the City or County shell deny approval of a final or tentative map if it makes any of the following findings: a. That the proposed rap is not consistent with the applicable general in,! :;pceific plans. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific Plans. C. That the site is not suitable for the tvpc of development. t3 I d. That the site is not suitable for the proposed dens it^ of the development. • e. That the design of the subdivision of the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or other habitat. f. Ihat the design of the subdivision or the type of improvements is likelv to cause serious public health problems. g. That the design of this subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection the governing body may approve a map if it finds that alter- native easements for access or use will be provided and that these will be substantially equivalent to one's previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgement of court or competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. It is our belief and the belief of the Commission that if the 26' width of pavement is not required as a condition of approval at the time of development of Lot 2, that the City must deny the parcel map based on the following findings: 1. That the site is not physically suitable for the type of development. • 2. That the site is not physically suitable for the proposed density of the development. It is the Planning Commission's opinion that the conditions as revised are reasonable and equitable and that the lack of a paved access to Lot 2 at the time of develop- ment would be contrary to past City policy and would constitute a denial recommenda- tion for the Parcel Nap. RECO`MEXDATION; It is recommended that the City Council deny the applicants appeal upholding the Planning Coounission's decision. Res ec tfu, uhmiCCed, II JACK ty1M, '{.1_r Coanunity Development JL:RM:nm Lot Car of Appeal Attar'nmeats; Planning Commission Minutes Planning Commission Staff Report EAJ by folloeinl; voeu: AYES: l.�, P:,:.n,.n .r, .•r.•..c, n„ ,,,..t ,. . ASSENT: None, Mavor Frost read t.tle and nuc6cr. RESOLUTION" NO. 79 -98 A P.`_SOLUTIOX OF 1"HE CITY IMM:CIL OF 1 : -- r:! ', nl' R.'',NCHO CUCA)10 : ;CA, CALIFOR::lA, TO -..1: u ENERGY CONMTSSIO::. 6D. An,il of P ^Lunn in^ Cor,.a_is s.ip is de::irion r__ eee��i Resol,aion 9 -Oo iur P rccl iu1n_r. 773 for�Cnrr •n. _or. .,, .nn L.- ','Vdrrc ,an. f 7 Staff's recoraendatian to Council was to deny the r�0[- ieanc'� .,I „„ i r� ,rhold the P lapping Corc.i55inn's deco ien. Council deliberated for sor.c time hearing ta[-1's recor..vund,'Ll`n r,•,a `1r. K,,rt=_noter's. Mr. i:orteneter was represanced by Carol Tanehnun, attorney. Motion: Paved by Bridge, seconded by Palorbo to denv the appc.tl ba., ,I nn the findfr.gs that if the 26 foot width of pavement is not required av n „,,]ition of approval u: the time of develepaent of Lot '_, the City must dory te' I,.lrr;, i clan on the fe11u.:iag finc.inFs: (1) site is not physically suita'olc for h, ly;,,. of develepccnt, and (2) the site is not physically Suitable for L'u: :,rm,,,,... de.nst [�' of the rece iepr.ept. Motion carried by following vote: AYES: Bridge, aMi Frost. NOES: None.. ABSENT: None. AS 0 • 1 wTn TTn nT7n A %XnXTn , The City of Montclair in conjunction with an application for a grade crossing at Monte Vista Avenue and the Satna Fe Railroad has been exploring the possibility of abandoning the Southern Pacific Track which currently passes through Montclair, Upland, Rancho Cucamonga and Fontana northerly of the Santa Fe Mainline. This line passes through Rancho Cucamonga primarily north of Base Line with a diagonal connection running from Base Line and Amethyst to Grove Avenue at Ninth Street. The line currently services only a few industries and has less than one train per day through a primarily residential area. It would be proposed that train traffic currently using the line be consolidated into the Santa Fe Mainline. Removal of the line would prove a major financial benefit to the City by eliminating several road and expensive drainage crossings of this lightly traveled line. Not the least of these would be the narrow bridge over Foothill Blvd, just west of Baker. In order to further pursue this option, Montclair has requested that each city participate in hiring L. 0. King Engineering, Inc, to prepare and process the proposal. The cost to the City at this time is $625.00 with potential, additional expenses if the Railroad's review the proposal favorably. The potential benefits of the track consolidation are such that the expenditure is very reasonable. In order to allow Staff to flexibly pursue this program, it is recommended that Council authorize an amount not -to- exceed $2,000.00 to pursue the program. The initial purchase order will be restricted to $625.00 and further report will be transmitted to the Council of any added expenditures. Funds would be drawn from the Systems Development Fund. continued ............... n l;r STAFF REPORT DATE: June 15, 1983 �s TO: City Council and City Manager 977 FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Proposed Southern Pacific - Santa Fe Railroad Track Consolidation The City of Montclair in conjunction with an application for a grade crossing at Monte Vista Avenue and the Satna Fe Railroad has been exploring the possibility of abandoning the Southern Pacific Track which currently passes through Montclair, Upland, Rancho Cucamonga and Fontana northerly of the Santa Fe Mainline. This line passes through Rancho Cucamonga primarily north of Base Line with a diagonal connection running from Base Line and Amethyst to Grove Avenue at Ninth Street. The line currently services only a few industries and has less than one train per day through a primarily residential area. It would be proposed that train traffic currently using the line be consolidated into the Santa Fe Mainline. Removal of the line would prove a major financial benefit to the City by eliminating several road and expensive drainage crossings of this lightly traveled line. Not the least of these would be the narrow bridge over Foothill Blvd, just west of Baker. In order to further pursue this option, Montclair has requested that each city participate in hiring L. 0. King Engineering, Inc, to prepare and process the proposal. The cost to the City at this time is $625.00 with potential, additional expenses if the Railroad's review the proposal favorably. The potential benefits of the track consolidation are such that the expenditure is very reasonable. In order to allow Staff to flexibly pursue this program, it is recommended that Council authorize an amount not -to- exceed $2,000.00 to pursue the program. The initial purchase order will be restricted to $625.00 and further report will be transmitted to the Council of any added expenditures. Funds would be drawn from the Systems Development Fund. continued ............... n l;r CITY COUNCIL STAFF REPORT Proposed Southern Pacific -Santa Fe Track Consolidation June 15, 1983 Page 2 RECOMMENDATION It is recommended that Council authorize $2,000.00 from Systems Development Funds to pursue abandonment of the Southern Pacific northern line and track consolidation with the Santa Fe (Pasadena Line). Respectfully s bmitted; ell ' p �� LBH 'aa Attachment p5� • i1 L.J • City of montclair `tr. Lauren Wasserman City Manager City of Rancho Cucamonaa 9320 -C Baseline Rancho Cucamonga, CA 91730 PROLO M MAYES M,von WALTER HACKETT JR MAIOM 0 TE+ ` CEORGEC K'-Op' ELOG:sE vaLLV• AR LEONPRO PP.. LITi May 25, 1983 Subject- Proposed Southern Pacific - Santa Fe Track Consolidation Dear Lauren: As a result of the meeting held in my office on May 3, 1983 concerning consolidation of the Southern Pacific and Santa Fe tracks, I have enclosed for your information a copy of a proposal to consolidate the train tracks. This proposal has been sent to the railroad companies. L. D. King, Inc. has submitted a budget which reflects their services to be $2,500 to complete and submit an application to the Southern Pacific and Santa Fe Railroads; therefore, your City's cost to participate in this endeavor will be $625. Upon receiving a positive response from the railroad, L. D. King, Inc. would then prepare a follow -up program for final consideration by participatinq Cities at a cost of $1,500. This cost would then he borne by those Cities continuing in the program. GhUt: jr Encls cc: Sack Ratelle Lee Travers, Sin en e ew"T G. Michael Milhiser City Administrator City of Fontana City of Upland civic center /59990ernto streot /mont clot r, caiiforrna 99763 / (794) C_D5 -es79 �f I , ROLO N nav ES �.♦en M ALT EP ✓AC4E :q , �.rvn evo r[y C[r NOT: ci Gy oL montclEir May 3 -, 3,993 Mr. Donald K. Skaff Area Engineer Southern Pacific Transportation Company Pacific Electric Building 610 South Main Street Los Angeles, CA 90014 Subject: Proposed Track Consolidation, Santa Fe Raileav (Pasadena Line) and Southern Pacific (former Pacific Electric Line) through western San Bernardino County Dear Mr. Skaff: The City of Montclair has a strong desire to plan for and to establish a program to implement vehicular circulation system improvements in the area impacted by the existing Southern Pacific (formerly Pacific Electric) and Santa Fe Tracks. Our early plannina efforts have been assisted by the consulting team of L. D. King, Inc., in association with De Leuw, Cather and Company. we have identified a track consolidation plan that we feel could be of significant benefit to Montclair and neighboring cities. With the concurrence and support of the Cities of Upland, Rancho Cucamonca and Fontana, L. D. King has been directed to prepare and submit the attached proposal for your evaluation. You may contact either me or Carl Freeman with L. D. King if additional information is necessary for your consideration of this program. We are excited about the potential of this program and look forward to pursuing the project with you. Encl Sing -r. rely, G. ?Iichael Milhiser City Administrator civic center /5111 b,zn mg stroet l mop tc1m,%canforrna 91763 / (714) GP-6-9571 e,' n+ b1r. Donald K. Skaff Southern Pacific Transportation Company May 25, 1993 •Attachment cc: Mr. H. B. Berkshire Assistant Vice President Maintenance of Way F Engineering Southern Pacific Transportation Co ^.pa. ^.y 1 Market Plaza San Francisco, California 94105 Attn: Mr. William Allen, Manager of Public Protects Mr. Roger L. Enqle, Regional Engineer Atchison, Topeka 6 Santa Fe Railway 5200 East Sheila Street Los Angeles, CA 90040 Mr. Carl S. Freeman Senior Vice President L. D. Kinq, Inc. 517 North Euclid Avenue Ontario, CA 917622 Mr. Robert M. Barton Chief Civil Engineer De L _aa, Cather S Company • 120 iioward Street P. O. Boc 3821 San Francisco, CA 94119 I L. D. King, Inc. • 517 N. Euclid Avenue Ontario, Caldomia 91762 (714) 9885492 ENGINEERSiPLANNERS May 20, 1983 Mr. Donald K. Skaff Area Engineer Southern Pacific Transportation Company Pacific Electric Building 610 South Main Street Los Angeles, CA 90014 SUBJECT: Proposed Track Consolidation, Santa Fe Railway (Pasadena Line) and Southern Pacific (former Pacific Electric Line) through ? western San Bernardino County Dear Mr. Skaff: This letter is being written on behalf of the Cities of • Montclair, Upland, Rancho Cucamonga and Fontana, to obtain your preliminary reaction to a proposed track consolidation and joint trackage project involving the Santa Fe and South- ern Pacific (former Pacific Electric) lines through all or portions of these four Cities. THE BACKGROUND The main line of the Santa Fe Railway (between San Bernardino and Los Angeles via Pasadena) and a branch line of Southern Pacific parallel each other along the base of the San Gabriel Mountains through La Verne, Pomona and Claremont in Los Angeles County; and Montclair, Upland, Rancho Cucamonga, Fontana, Rialto and San Bernardino in western San Bernardino County. The Southern Pacific line is the former Pacific Electric com- muter line, which once served downtown San Bernardino from Los Angeles. Santa 're nr�sently nporates an .ivii of 14 through trains a day in our 1rra. ':his inciur:es four AMTI.VC passenger trains. Future increases in t.ra.in traffic are anticipated by Santa Fe. • 011aes in ONTARIO and SANTA ANA 0 Mr. Donald Skaff Southern Pacific Transportation Company P ;ay 20, 1983 Page Two The SP line is only lightly used in the four -City area. Apparently in the westerly outskirts of Fontana it is not operated at all, as a recent field inspection disclosed several thousand feet of track occupied by piggyback flatcars in dead storage. Those portions of the line which still operate are used intermittently and reported to carry only one train movement in each direction per day during use periods. In the mid- 1970's, these two parallel lines through the City of Claremont in Los Angeles County were consolidated and the SP track was removed. All SP trains through Claremont now operate via the Santa Fe under a joint trackage agreement. THE PROPOSED STUDY • Our proposal calls for extending this existing joint trackage arrangement from the Los Angeles County line farther to the east under one of two options. These alternatives are =sum- marized below: E OPTION 1 - Consolidation through Upland This project proposes SP -Santa Fe track consolidation for about 4 miles from Claremont through Montclair and Upland only. Southern Pacific would operate on the Santa Fe track to a point near 11th Street or Campus Avenue in Upland. About 16 existing or proposed SP grade crossings would be eliminated. A new track connection from ATSSF to SP would be constructed in cast Upland. In connection with this option, we would also explore the possibility of closing one or more existing AT&SF grade crossings on minor streets in Upland and the feasibility of constructing ATSSF vehicular grade separa- tions in Montclair. Montclair has ,i special need for opening Monte Vista Avenue across tho railroad barrier. Attention i.s now being given to either at -oracle crossings of both the existing SP and Santa r/� n u Mr. Donald Skaff Southern Pacific Transportation Company May 20, 1983 Page Three Fe tracks or an at -grade crossing of the SP and an underpass at the existing Santa Fe track. A separation at Central Avenue in Montclair is also being considered. We understand this location is within an area where Santa Fe contemplates the construction of a possible future passing track. OPTION 2 - Consolidation to or through Fontana This alternative is for SP -Santa Fe consolidation for 13 to 15 miles or more from Claremont through Montclair, Upland, Rancho Cucamonga, and portions of Fontana. With SP operations on Santa Fe track, about 40 existing or proposed SP grade crossings would be eliminated assuming the extended joint use to Citrus Avenue in Fontana. We would also explore the feasibility of eliminating lightly used Santa Fe crossings as described under Option 1; explore • the feasibility of retaining short sections of existing SP trackage as spurs to some selected shippers; consider the need of Rancho Cucamonga for a new crossing (at -grade or Sep- arated) across the Santa Fe at Milliken Avenue; and (if the consolidation can extend as far easterly as Sierra Avenue in Fontana), the feasibility of including that City's proposed Sierra Avenue Underpass in the track consolidation program. Attached are vicinity maps which show the area under consid- eration for possible consolidation. The 1i.mits described in the two Options are identified on the maps. BENEFITS We visualize significant benefits would accrue to the two car- riers through concentrating all train movements into a single corridor. The limited funds available for grade crossing and separation improvements could focus on this single corridor. Savings would be realized in the cost of maintaining existing • .�f %J 0 Mr. Donald Skaff Southern Pacific Transportation Company May 20, 1993 Page Four crossings, automatic protection, maintaining existing trackage and taxes. Erosion or washout problems associated with serious drainage conditions along the SP line would be avoided. For the public agencies, there are significant potential ben- efits associated with the elimination of the former Pacific Electric tracks. Many existing crossings are narrow, and sight distance is poor because of grade changes. Drainage is a problem at many locations; existing underpasses on Foothill Boulevard are of obsolete design and create hazardous traffic conditions. STUDY SUPPORT • We fully recognize that the implementation of any track con- solidation proposal requires studies to assure that the existing Santa Fe track does have adequate capacity to accommodate SP. Approval of the managements of the two carriers is required as well as approval of the United States Interstate Commerce Commission. Existing industries which might be deprived of rail service must be dealt with, and spurs or relocations to preserve rail service need to be investigated. However, if the railroad agrees that either or both of the above Options warrant further study, then the affected Cities would consider directing a consulting engineering firm effort to prepare a detailed study, identify which specific grade crossings and sections of track appear might be retired, determine where new track connections might be installed, develop concepts for serving the more important existing shippers, obtain and ana- lyze data on existing shippers and car movements, and develop preliminary costs and a recommended plan for financing. we believe that the capital costs to imnlement such a track consolidation plan would qualify for funding either under the California Grade Separation Proqram (Section 190 of the Streets and Hinhways Codc), and /or Section 203 of the Federal -Aid Surface Transportation Assistance Act, and /or the State Hail Plan Program, U r�• -, 0 Mr. Donald Skaff Southern Pacific Transportation Company May 20, 1983 Page Five It will be recalled that the on -doing consolidation of Southern Pacific and Western Pacific through Pleasanton, and the consolidation through Claremont previously referred to, were both financed in part from California Grade Separation funds. We respectfully request your serious consideration of this proposal and would appreciate your reaction as to whether either or both of the aforementioned Options would warrant a more detailed engineering study. Sin xely yours, Ca 1 F[eema�— CJF /mn Attachment - Vicinity Maps • cc: Mr. H. B. Berkshire Assistant Vice President Maintenance of Way s Engineering Southern Pacific Transportation Company 1 Market Plaza San Francisco, California 94105 Attention: Mr. William Allen, Manager of Public Projects Mr. Roger L. Engle, Regional Engineer Atchison, Topeka s Santa Fe Railway 5200 East Sheila Street Los Angeles, California 90040 11 S �.�.: be e_:. 4nated wat., this t_acri OBTTCS 1 - ta_C No. Street glare Cit. .. }!ente Vista AV-nce ,'pro ca�c; liontc Lair 2 Central Avenue xontcla__ Benson Avenue Ttcmtclalr & �ulanc 4 mo- retain Avenue Upland 5 San :•.ntcnio Avenue Up'- -and 6 Palm Avenue Upland 7 Laurel_ Avenue Upland • 8 Euclid Avenue Upland 9 1st Avenue Upland 10 2nd Avenue Upland 11 3rd Avenue ;;plans 12 6th Avenue Upland 13 Carious Avenue i7pland 14 eth Avenue Upland 15 9th Avenue Upland 1,6 10th Avenue Upland 17 ll �h ?r✓enue Upland �' ArYO'A ?i.ch•aa }' Ccla .d o. st avenue '.c......., 20 r. ..__...a..::ce°ue -- ....__.._ C.:c a.- C.. 22 G- Avenue 23 ,._.,..__a is Avenue '_nc:nu ___ter_,...._ ... .'•a..on& ..venue 25 Turner :Avenue .,c.,cho C-carcnpa 26 I.-Havel; Avenup R.a', c hC -,cn a 27 ..,,,__::en Avenue (prcpcsed) Rancho C. car.enca 25 :,,=nester Avenue (proposed) lanc- C'ccamonca 29 Et_wanda Avenue Rancho -uca-cnga Rancho C:caner.ga 30 .,..st Avenue 31 Banana Avenue (prcpcsec) Rant-0 Ccca -7cnca Rancho C,...al -Cr.ca 32 Rsse-_ine Avenue 33 ?.;.no. ^.c Avenue (nropr,saA) ?ar,chc C.._rr -.cnca • 3: Avenue (propose ^.l Rancho Cuca -cnca .asset Rancho Cuc a -.en- lies lcck Avenue Rancho Cnca-onca 3; - 37 Salta..c Avenue Ranc.nc C'.:ca7onca Avenue Rancho -. - Coca onca 30" Aiaaria 39 Tekay Avenue Rancho Cucar.•enca 50 Citr:s Avenue Fontana • 0P77 ON 2 - Cons olia .,'ter.dea zc Sa r. Set -. ar d_r.o *:e. Street Name Ci 4.1 Oleander Avenue Fcstana 42 C•.•tress Avenue Fontana Acenne =ontana 44 Sierra Averii:e Fcntan =_ Y.anao Avenue Fontana 46 Encenitas Avenue Fontana 47 Tamarind Avenue For. Lana 4S Alder Avenue FcnIana 49 Laurel Avenue Fontana 50 Locust Avenue Fontana 51 Oracle Avenue Fontana 52 Linde -, Avenue Rialto 53 Cedar Avenue Rialto • 54 Cactus Rialto 55 Lilac Avenue ...alto 56 Willow Avenue Salto 57 Palm.. Averse Rl.alto 54 Orange Avenue Rialto 59 Riverside Avenue Rialto 60 Olive Avenue Rialto 61 Date Avenue Rialto 62 Sycamore Avenue Rialto 63 Acacia Avenue Rialto E4 Eacal,ptus Avenue Rialto 65 'eppet Aver. •,�e San Bernarainc 6G .. __ _.._an .,. _nue San Berra: Gino r -* 11 • nrmv nV n A rrnvn rrrn n a1nXT0 A STAFF REPORT June 15, 1983 TO: City Manager and City Council FROM: Robert A. Rizzo, Administrative Analyst SUBJECT: Consideration to Extend City Office Complex Lease Agreement for One Additional Year to Expire June 30, 1985 BACKGROUND Per City Council direction of June 1, 1983, this matter was removed from consent calendar and returned to Council for consideration June 15, 1983. A. H. Reiter Development has requested the City of Rancho Cucamonga consider extending the City Office complex lease agreement (at same rental rate) for an additional year to continue through June 30, 1985 (present lease will expire June 30, 1984). If the City is agreeable with this extension, then A. H. Reiter Development will provide an additional seven parking spaces located on the east side of 9360 Base Line (adjacent to Dependable Auto Repair) exclusively for City /employee vehicles, and a (City of Rancho Cucamonga, City Hall) monument sign. Attached is a letter from A. H. Reiter Development proposing and discussing this matter. ANALYSIS In considering to extend our lease agreement at the Base Line Business Center for the use of City office space, two major factors were studied. First, could our occupancy of present site be projected to continue for another two year period; and second, is current rental rate competitive in respect to comparable office space in town. First, could our occupancy of present site be projected to continue for at least another two year period. If we work under the assumption our next City Office complex will be a permanent site, then present site would be suited to our needs. • There would be a minimum of 24 months from the time grading was started before new buildings) would be ready for business. Staff Report Extend Lease Agreement Page 2 Additionally, if the likelihood of a permanent site is seen within the next 3- • 5 years, a move to another interim site would be financially prohibitive. The moving, relocating, telephone system purchase, and on site impoovements would_ be estimated in the neighborhood of $150,000. Some of these same costs would be occurring again once a move to a permanent site was undertaken. Second, is current rental rate competitive in respect to comparable office space in town. Listed below is a comparison of our present rental rates (classified use), and the prevailing rental market in Rancho Cucamonga: Present City Offices Local Office Rental Rates Comm /Industrial .436 sq. ft. •50 - .50 sq. ft. Community Develop. (6680 sq. ft.) Professional .65 sq. ft. •70 - .75 sq. ft. Admin /Finance /Com Sery 4000 sq. ft. Industrial storage .28 sq. ft. .45 - .50 sq. ft. 1200 sq. ft. As can be seen, our present rental rates are ranging between .07 and .23 per square foot less than the current market rate for comparable space in Rancho Cucamonga. . The offer by A. H. Reiter Development provides the City with the opportunity to secure office space through June, 1985 at a competitive rental rate. Additionally, they are proposing to make some on site improvements (added parking and signage) which will assist in alleviating parking congestion and aid in our visibility to the public. NOTE A. H. Reiter Development has left this offer open. If the City Council desired to consider this matter as part of the budget process, formal action could be taken in July after the budget has been adopted. RECOMMENDATION Accept A. H. Reiter Development's proposal to extend City Office complex rental agreement (at no rate increase) through June 30, 1985 -- contingent that on site improvements of seven additional parking spaces (located at east end of 9360 Base Line, valued at $5,600), and placement of a City of Rancho Cucamonga monument sign (valued at $1,500) be completed by January 1, 1984. RAR:mk Attachment ? G_ • A.H. REITER DEVELOPMENT May 6, 1983 Mr. Robert Rizzo CITY OF RANCHO CUCAMONGA F.O. Box 807 Rancho Cucamonga, Ca 91730 Dear Bob: As you requested, this letter is written to verify our conversation Wednesday, May 4, when I requested the City of Rancho Cucamonga to extend their leases an additional one year term. For this extension I will provide a monument sign (value $1,500.00) and seven additional parking stalls located on the east end of 9360 Baseline (cost of $5,600.00, includes demolition, regrade, and asphalt). I hope this meets with your approval. Yours truly, A.H. REyTER DEVEL VENT CO. i "4' / Aug £y� Reiter, III PC9,on[Q CITY OF RANCHO CUCAMONGA AOMINISTR,•,i10N MAY 10 1983 7 1819110IU121112131415 6 4. A P.O. Rn, 7250 • Newport Huath, Cdidumia 91660 7188 Pullman • Cnsta Mesa. Cahlnrma 92626 • 714 / 751.4594 E 0 I CCCnStp,p OF CI •P CITY c e i RANCHO CUCANIONGA REDEVELOPMENT AGENCY z AGENDA U > ® 977 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California / /?` - June 15, 1983 - 7:00 P-m. AO*& I. CALL TO ORDER � R A. Roll Call: Buquet_, Dahl_ Frost se Schlosr_, and Mikels_ B. Approval of Minutes: None submitted. 2. CONSENT CALENDAR No items submitted. 3. STAFF REPORTS A. REVIEW OF CHINO BASIN BUDGET REQUEST!. Staff report by Jack Lam, Community Development Director. B, REVIEW OF PROP03RD IMPROVEMENT OF THE FOOTHILL BOBLEVARD/I-15 INTERCHANGE AND THE DAY CREEK BOULEVARD CONNECTION. Oral report by L1oyd Mubbs, City Engineer, 4. ADJOURNMENT 30 ORDINANCE N0. . � 1 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA REPEALING CHAPTER 6.04 OF TITLE 6 OF THE RAN- CHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING MUNICIPAL CODE PROVISIONS WHICH ..n r.., ..m - nn rvin•.c- .. 11 .. I,CL:,TN6 ANIMALS. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council finds and determines that: A. By Ordinance No. 17, effective March 29, 1978, the City Council adopted by reference portions of that certain code known as the "Codified Ordinances of the County of San Bernardino" also known as the "San Bernardino County Code" and the portions so adopted included all of Division 2 of Title 3 (commencing with section 32.011) pertaining to animals. B. By Ordinance No. 63, effective March 7, 1979, the City Council adopted Chaptek 6.04 of Title 6 of the Rancho Cucamonga Municipal Code pertaining to dog licensing and vaccination. C. The City Council has determined that it is in the best interest of the City to enter into a contract with the County of San Bernardino whereby the County of San Bernardino will provide the City with animal control services. As a condition of this contract the County has required the City to bring its Ordinances pertaining to animals into conformity with the County Ordinances on the subject. D. Ordinance No. 63 did not repeal any portion of Division 2 of Title 3 of the San Bernardino County Code but to the extent that the same coexist Chapter 6.04 of the Rancho Cucamonga Munici- pal Code will control. E. The intent of the City Council in repealing Chapter 6.04 of the Rancho Cucamonga Municipal Code is to eliminate any conflict with the provisions of Division 2 of Title 3 of the San Bernardino County Code so that all County Code sections pertaining to animals will be fully enforceable within the limits of the City. SECTION 2: Chapter 6.04 of Title 6 of the Rancho Cucamonga Municipal Code entitled "Dog Licensing and Vaccination" is hereby repealed. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Re ort, a newspaper of general circula- tion, published in the City of Ontario, California, and circulated in the city of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this day of , 1983. AYES: NOES: ABSENT: ATTEST: CITY CLERK AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REGULATORY PROVISIONS SECTION OF THE ETIWANDA SPECIFIC PLAN AND AMENDING THE CITY'S ZONING MAP FOR THE ETIWANDA AREA ACCORDING TO THESE PROVISIONS The City Council of the City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: The Regulatory Provisions of the Etiwanda Specific Plan are hereby approved and adopted, based on the following findings: The Etiwanda Specific Plan has been prepared in accordance with Section 65450 through 65553 of the Government Code. 2. The Etiwanda Specific Plan contains regulatory provisions that are necessary for the protection of public health, safety, and welfare of the people o£ Rancho Cucamonga, and required for the systematic implementation of the City's General Plan, as amended, in the Etiwanda Specific Plan area. The Etiwanda Specific Plan substantially mitigates the potential for adverse impacts that would likely occur as a result of development under the existing Zoning Ordinance. The Specific Plan contains detailed regulatory provisions tailored specifically to the Etiwanda area that are designed to replace current city -wide regulations that could not deal effectively with Etiwanda's unique qualities and problems. .SECTION 2: The City's official Zoning Map is hereby amended to contain an ESP designation on the real property described in Section 3, below. Further, the development of said property shall be regulated by the Regulatory Provisions of the Etiwanda Specific Plan text, and maps, except that the City of Rancho Cucamonga Zoning Ordinance and /or other applicable regulations shall continue to govern items not specifically addressed by these Regulatory Provisions. SECTION 3: The provisions of this Ordinance shall apply to all real property described below: Etiwanda Specific Plan area - approximately 3000 acres within the City of Rancho Cucamonga, bounded on the north, northwest and east by current city limits, on the south by the centerline of Foothill Boulevard, and on the west by the boundaries of the Victoria Planned Community; also including all properties located within 200' of the centerline of Etiwanda Avenue, between Foothill Boulevard and 24th Street; and also including the area south of Foothill Boulevard, east of Etiwanda Avenue and north of Arrow Route, but excluding the area south of Miller Avenue and west of Etiwanda Avenue. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its Passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. RESOLUTION NO. 83-79 A RESOLUTION OF THE CITY COUNCIL u, THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ETIWANDA SPECIFIC PLAN WHEREAS, the General Plan of the City of Rancho Cucamonga calls for the preparation of a specific plan for the Ftiwanda area; and WHEREAS, a draft of the Specific Plan was prepared by the Advisory Committee and forwarded to the Planning Commission; and WHEREAS, the Planning Commission has reviewed the Draft Specific Plan, considered public comments, reviewed the environmental implications of the draft Plan and recommends approval of the Etiwanda Specific Plan with modification to the City Council; and WHEREAS, the City Council has held a duly advertised public hearing pursuant to Section 65500 of the California Government Code to consider further public input; and WHEREAS, the City Council has adopted Resolutions certifying the adequacy of the associated Draft Environmental Impact Report and adopting General Plan Amendment 83 -07B. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby resolve as follows: SECTION 1: That the Etiwanda Specific Plan is hereby adopted, based on the following findings: 1. The Etiwanda Specific Plan has been prepared in accordance with Section 65450 through 65553 of the Government Code. 2. The Etiwanda Specific Plan contains regulatory Provisions that are necessary for the protection of public health, safety, and welfare of the people of Rancho Cucamonga, and required for the systematic implementation of the City's General Plan, as amended, in the Etiwanda Specific Plan area. 3. The Etiwanda Specific Plan substantially mitigates the potential for adverse impacts that would likely occur as a result of development under the existing Zoning Ordinance. The Specific Plan contains detailed regulatory provisions tailored specifically to the F, tiwanda area that are designed to replace current City -wide regulations that could not deal effectively with Etiwanda'a unique qualities and problems. PASSED, APPROVED, and ADOPTED this 15th day of June, 1983. AYES: NOES: 4 ABSENT: Jon D. Mikels, Mayor