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Home My WebLink About1981/08/19 - Agenda PacketO •C�. j QTY OF • , RRAV(HO CL AN10N,A ZZ r CU1 ( NUL OF W Z AGENDA U > 1977 Lion's Park Community Center 9161 Base Line Road Rancho Cuamonga, California August 19, 1981 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on Thursday prior to the first and third Wednesday of each month. The City Clerk's Office receives all such items. 1. CALL TO ORDER. A. Flag Salute. • B. Roll Call: Frost'_, MikelV , Palombo�__, BridgeX , and Schlosser. C. Approval of Minutes: December 11, 1980; May 7, 1981; June 22, 1981; and August 5, 1981. 2. ANNOUNCEMENTS. A. Redevelopment Project Meeting -- August 20, 7:00 p.m.; Cucamonga Neigh- borhood Facility, 9791 Arrow Route. 7 B. Advisory Commission Meeting -- August 27,1_4d p.m.; Lion's Park Community Center. C. Presentation of Proclamation for Muscular Dystrophy Days. 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 with- out discussion. a. Approval of Warrants, Register No. 81 -8 -19, in the amount of $584,937.29. b, Refer Claim by Cheril Lyn Brown to the City Attorney for 1 handling. City Council Agenda -2- August 19, 1981 c. Alcoholic Beverage License for Brookside Enterprises, Inc. 12281 Arrow Blvd., for Winegrower Still License. a d. Alcoholic Beverage License for Beom Soo and Chong In Kim, 5 Quality Market, 10120 25th Street, for Off Sale Beer and Wine. e. Acceptance of Bonds and Agreement for Director Review 78 -30 Mobil Oil Corp. It is recommended that Council approve bonds and agreements for O.R. 78 -30 located at the north- east corner of Archibald Avenue and Arrow Route. 6 RESOLUTION NO. 81 -122 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 78 -30. f. Acceptance of Real Property Improvement Contract and Lien IA Agreement for 9260 Mignonette Street.it is recommended that Council adopt the resolution accepting the Lien Agree- . ment for 9260 Mignonette Street submitted by Stephen Butters. RESOLUTION NO. 81 -123 IS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEPHEN BUTTERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. g. Acceptance of Real Property Improvement Contract and Lien 20 Agreement for 9120 La Senda Road. It is recommended that Council adopt the resolution authorizing the City Clerk and Mayor to sign said Real Property Improvement Contract and Lien Agreement for 8120 La Senda Road submitted by Pall W. and Mary Jane Bohne. RESOLUTION NO. 81 -124 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PALL W. AND MARY JANE BOHNE, HUSBAND AND WIFE AS JOINT TENANTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. 11 City Council Agenda -3- August 19, 1981 h. Acceptance of Bonds, Agreement and Real Property Improvement 26 Contract and Lien Agreement for Willows School located at 8968 Archibald Avenue. RESOLUTION NO. 81 -125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING BONDS, AGREEMENT, AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM OWEN LOFTUS, III. i. Release of Lien Agreement and Acceptance of Lien Agreement for Melvin B. Kornblatt located on Almond west of Hermosa. RESOLUTION NO. 81 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RELEASING THE REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DR. MELVIN B, KORNBLATT. • RESOLUTION NO. 81 -127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM OR. MELVIN B. KORNBLATT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. j. Award of Carnelian Street Improvement. Bids were received on August 11, 1981. It is recommended that Council award the contract to Sully- Miller Contracting Company, the lowest bidder, at $232,555.90 and authorize execution of the contract and the contract amount plus 10% for contin- gencies. k. Forward Claim by Barbara L. Rogers to the City Attorney for handling. 1. Forward Claim by Randy R. and Ronnie L. Stephens to the City Attorney for handling. m. Release of Bonds for: Tract 9423: located on the west side of Beryl, south of Base Line. Owner: Coral Investment, Inc. Labor & Material Bond $137,500.00 27 34 35 36 43 48 50 • City Council Agenda -4- August 19, 1981 Tract 9583: located east of Haven Avenue at Hillside. Owner: The Deer Creek Company. Accept Maintenance Bond $ 22,000 Release Performance Bond (road) $440,000 4. PUBLIC HEARINGS. A. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -12 (TT 11663): Marlborough Oevelopment Corporation. A request for change of zone from R- 2-jtwo Corporation. residential) to R -2- P.D. (two family residential /planned development) for a total development of 413 townhouses on 40 acres located on the east side of Archibald, on the south side of Church west side of Ramona - APN 1077 - 341 -01, 1077 - 133 -08, and 1077- 631 -03. ORDINANCE N0. 153 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S • PARCEL NUMBER 1077- 341 -01, 1077 - 133 -08, AND 1077- 631-03 GENERALLY LOCATED ON THE EAST SIDE OF ARCHIBALD, SOUTH SIDE OF CHURCH AND ON THE WEST SIDE OF RAMONA, CONSISTING OF APPROXIMATELY 40 ACRES, FROM R -2 TO R- 2 -P.D. 53 55 B. CONSIDERATION FOR ADOPTION OF THE DRAFT INDUSTRIAL SPECIFIC 56 LAN AND CERTIFICATION OF THE ENVRONMENTAL IMPACT REPORT. RESOLUTION NO. 81 -128 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR THE INDUSTRIAL AREA AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT. C. ZONING ORDINANCE AMENDMENT 80 -03 AND ENVIRONMENTAL ASSESS- 73 WENT - An amendment to t e Zornng Co a add ng Section 6 .023 UT- implementing the Industrial Specific Plan. ORDINANCE N0. 154 (first reading) 74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SAN BERNARDINO COUNTY LAND USE AND BUILDING REGULATIONS AS ADOPTED BY ORDINANCE N0. 17 !' OF THE CITY OF RANCHO CUCAMONGA SPECIFICALLY ADDING SECTION 61,023(f) TO THE ZONING CODE PROVIDING FOR IMPLEMENTATION OF A SPECIFIC PLAN. City Council Agenda -5- August 19, 1981 • D. ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03 78 TT 11610. A change of zone from A -1 limited agriculture) to R- 2 -P.D. (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land located on the west side of Turner Avenue between Church Street and Base Line. ORDINANCE NO. 150 (second reading) 85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 061 -03 FROM A -1 (LIMITED AGRICULTURE)TO R- 2 -P.D. (MULTI- FAMILY /PLANNED DEVELOPMENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER AVENUE BETWEEN CHURCH STREET AND BASE LINE. E. PERS CONTRACT AMENDMENT. Council had approved the change 86 to the PERS contract during the budget process. RESOLUTION NO. 81 -129 87 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE RANCHO CUCAMONGA CITY COUNCIL 5. CITY MANAGER'S STAFF REPORTS. A. RE pUEST FROM CUCAMONGA SCHOOL DISTRICT FOR THEIR DECLARATION 95 F IMP CTI- 7-6N. Std' -f` report by Lauren Wasserman. RESOLUTION NO. 81 -130 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONCURRING IN THE FINDINGS OF THE CUCAMONGA SCHOOL DISTRICT THAT CONDITIONS OF OVERCROWDING EXIST IN SAID DISTRICT. 6. CITY ATTORNEY'S REPORTS. 7. ADJOURNMENT. Tonight's meeting will adjourn to a Redevelopment Agency Meeting. is The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lion's Park Community Center, 9161 Base Line Road, on Wednesday, August 19, 1981. The meeting was called to order at 7:03 p.m. by Mayor Phillip D. Schlosser. Present: Councilmen James C. Frost, Jon D. Mikels, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Lauren M. Wasserman, City Manager /City Clerk; Robert Dougherty, Assistant City Attorney; Jim Robinson, Assistant City Manager; Jack Lam, Community Development Director; Lloyd Hobbs, City Engineer; Harry Empey, Finance Director; Bill Holley, Comunity Services Director. Absent: Councilman Michael A. Palombo. Approval of Minutes: Motion: Moved by Mikels, seconded by Frost to approve the minutes of December 11, 1980, May 7, 1981, June 22, 1981, and August 5, 1981. Motion carried unanimously 4 -0 -1. 2. ANNOUNCEMENTS. a. Mayor presented a proclamation to representatives of the Jaycees declaring August 28 and 29 as Muscular Dystrophy Days in Rancho Cucamonga. b. Mayor presented a certificate of appreciation to Lorraine Bailey for her service in taking pictures of historical sites in Rancho Cucamonga and present- ing them to the Historical Commission. 3. CONSENT CALENDAR, Councilman Frost requested that item "j" be removed from the Consent Calendar for discussion. Councilman Mikels requested that item "a" be removed since he had not received a copy of the Warrants, a. Appreved -ef- Herrenl a;- He6} el er- He-- 8�- 8- �9 ;- 4n- lhe- emenne- ef- $ ;84;983r99r Re- moved for discussion. b. Refer Claim by Cheril Lyn Brown to the City Attorney for handling. C. Alcoholic Beverage License for Brookside Enterprises, Inc., 12281 Arrow Blvd., for Winegrower Still License. d. Alcoholic Beverage License for Beom Soo and Chong In Kim, Quality Market, 10120 25th Street, for Off Sale Beer and Wine. RESOLUTION NO. 81 -122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 78 -30. Acceptance of Real Property Improvement Contract and Lien Agreement fer 9260 Mignonette Street. It is recommended that Council adopt the resolution accepting the Lien Agreement for 9260 Mignonette Street submitted by Stephen Butters. RESOLUTION NO. 81 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEPHEN BUTTERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. g. Acceptance of Real Property Improvement Contract and lien agreement for 9120 La Sends Road. It is recommended that Council adopt the resolution authorizing the city clerk and mayor to sign said Real Property Improvement Contract and Lien Agreement for 9120 La Senda Road submitted by Pall W. and Mary Jane Bohne. RESOLUTION NO. 81 -124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PALL W. AND MARY JANE BONNE, HUSBAND AND WIFE AS JOINT TENANTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. h. Acceptance of Bonds, Agreement and Real Property Improvement Contract and Lien Agreement for Willows School located at 8968 Archibald Avenue. RESOLUTION NO. 81 -125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING BONDS, AGREEMENT, AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM OWEN LOFTUS, III. I. Release of Lien Agreement and Acceptance of Lien Agreement for Melvin B. Kornblatt located on Almond west of Hermosa, RESOLUTION NO. 126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING THE REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREE- MENT FROM DR. MELVIN B. KORNBLATT. RESOLUTION NO. 81 -127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DR. MELVIN B. KORNBLATT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. k. � I .. Cl. i by Barbara L. Rogers to the City Attorney for handling. 1. Forward Claim by Randy R. and and Ronnie L. Stephens to the City Attorney for handling. M. Release of Bonds for: Tract 9423: located on the west side of Beryl, south of Base Line. Owner: Coral Investment, Inc. Labor 6 Material Bond $137,500.00 Tract 9583: located east of Haven Avenue at Hillside. Owner: The Deer Creek Company. Accept Maintenance Bond $ 22,000 Release Performance Bond (road) $440,000 Motion: Moved by Mikels, seconded by Frost to approve the Consent Calendar with items "a" and "j" deleted. Motion carried unanimously 4 -0 -1. Item "i ": Councilman Frost stated that the removal of item "j" was a matter of self indulgence since he had a friend that had been fatally injured on that section of roadway. He wanted to move approval of the item. Motion: Moved by Frost, seconded by Mikels to approve the awarding of the Carnelian Street Ir..provement contract to Sully- Miller for the total amount of $232,555.50 plus 10% for contingencies. Motion carried unanimously 4 -0 -1. 4. PUBLIC HEARINGS. Development Corporation. A request for change of zone from R -2 (two familv resi- dential) to R- 2 -P.D. (two family residential /planned development) for a total develcp- ment of 413 townhouses on 40 acres located on the east side of Archibald, on the south side of Church west side of Ramona - APN 1077 - 341 -01, 1077 - 133 -08, and 1077 - 631 -03. City Clerk Wasserman read the title of Ordinance No. 153. ORDINANCE NO. 153 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077 - 341 -01, 1077- 133 -08, AND 1077- 631-03 GENERALLY LOCATED ON THE EAST SIDE OF ARCHI- BALD, SOUTH SIDE OF CHURCH AND ON THE WEST SIDE OF RAMONA, CONSISTING OF APPROXIMATELY 40 ACRES, FROM R -2 TO R- 2 -P.D. Motion: Moved by Bridge, seconded by Mikels to waive further reading of Ordinance No. 153. Motion carried unanimously 4 -0 -1. Mayor Schlosser opened the meeting for public hearing. He requested that the developer make a presentation first. Speaking for Marlborough Development Corporation was Paul Byrnes, the project engineer. Mayor Schlosser then asked for those who were in opposition to the project to speak. a. Density of the units. b. Lack of transition from the multi - family to the single family. c. Most everyone was led to believe single family dwellings would be built. d. This project will bring additional unwanted noise, traffic congesti:n, and higher demand for public services, e. Ramona situation has not been resolved; widening of street will only take place at the southeast corner of the project; beyond that it cannot be widened because of the homes. 2. Andy Solorzano (lives in the other Marlborough tract). He opposed the: a. Rapid growth and high density proposed for the entire city. b. In the SIR there were several areas such as air quality, noise level, traffic, fire and police protection which the rapid growth would affect. 3. Fred Stuart, 10054 Balsa. Requested a stop to the irresponsible growth which created air pollution and problems for schools, sewers, and other services. 4. Dannv Bruno, corner of Ramona and Church. Marlborough representatives assured him when he purchased his house that only single family dwellings would be built in the area. 5. Mike Gillatti. Spoke against the density. 6. John Klemptner. Requested that the project not be built because it is unacceptable. 7, John DiMuccio. Addressed the crime and fire protection problem. Also stated that Marlborough had promised him things in the past (a brick wall around his property) and did not honor the promise. 8. Betty Core, 9911 Stafford. She questioned the integrity of the builder. 9. Owner Barnes, 7915 Ramona. Felt there was a lack of storm water drainage. 10. Jane Lish, 9911 Notwick. Brought up the problem of access to Central School. 11, Bill Malone, 7853 Ramona. He supported the original plan with single family dwellings and a park. 12. Bob Dutton, 10155 Magnolia. Spoke in favor of the project and felt it was needed in the community. 13. Dr. Norman Guith, Superintendent of Central School. He said he was present to clarify the issues relating to schools. He said the project will not result in double sessions. The School District did not experience growth during the past year, and little growth was anticipated during the next year. Dr. Guith offered his services to Marlborough and the community to help mitigate any school problems. 14. Mr. Hackett said they now understood the process and no longer included the school issue as one of their objections. 15. Jeff Hill. He had a question for the School Board -- would they issue passes so the children could ride buses to another school if there was not room at Alta Loma High? 17. Mr. _ asked Dr. Guith if the figures of generating students from multi- family units were accurate. Dr. Guith said at the time it seemed to he, but they were watching it. Mr. Paul Byrnes responded to the residents: 1. Regarding to what was always suppose to be he said this project has been zoned R -2 on the County's general plan and the city's general plan -- it has never been zoned R -1. 2. Regarding what someone had heard that this was a federally subsidized project, he said he did not know where this came from, but this was an F.H.A. project. 3. He said one of the residents made a reference to Mr. Parker who was the Vice President of Marketing for Marlborough. He said he was not familiar with the wall problem and what Mr. Parker might have said, therefore, he could not address the issue. 4. Regarding the storm water: He said that in order to satisfy the city engineer the run off during a storm on the project as developed could be no greater than the run off in the undeveloped stages; that is the amount of water allowed to run off to Ramona. The remaining portion must be retained and /or percolated into the pond. This pond has been determined as adequate in size. He said this was a condition of the map which could not be recorded until the require- ment was met. 5. Regarding crime going up with higher density: he did not believe such statistics prove out; perhaps with very high density and very low subsidized housing. 6. Regarding the wall along Ramona: He said there was no wall planned along Ramona. There is a set back green belt planned along Ramona. 7. School Access. He emphasized again that there was not a block wall along Ramona. He said perhaps a low wall will have to be put along Archibald, although they would prefer to use the same green belt there. There are walls along the south part and around the school there will be a low block wall with wrought iron. He said there was no problem in providing school access. There was a complete perimeter walk system around the project and both major streets will have side- walks on both sides. 8. Student generation. He stated that Marlborough would be willing to provide their own actual student generation data phase by phase, and voluntarily provide fees to the school district in accordance with that whether its higher than those set by ordinance or not. It is their intent, as with the drainage, to have no negative impact on the community. He said if the experts are wrong, and they do generate students as fast as an R -1 development, they would be willing to pay those fees which will allow the school district to accommodate those children and to apply to the State in order to get nermanent school facilities. He said that Marlborough committed here and now to generate their actual buyer data to the city as these tracts are sold out and apply that fee to the next phase when they apply for permits. They committed to accumulate that through- out the project. Regarding the crime rate: he said they were not indicating that the people in this project would be out stealing their property. He said these types of units make it more convenient for others to come in to burglarize single family units. Regarding the wall: according to the staff report, he understood that there would be a 48" high wall along Ramona. Bill Atterberry, 7472 Matterhorne. He said increased density increases the traffic. He felt this was a tremendous risk and safety to the children playing in the area. There being no further public response, the Mayor closed the public hearing. Councilman Bridge stated that he favored a well planned development. Because of the great interest and that many issues had been presented which had not been addressed adequately, he felt this should be continued. Motion: Moved by Bridge, seconded by Frost to refer this back to the Planning Commission for further study and to come back to Council for consideration. Motion carried unanimously 4 -0 -1. Mr. Lam suggested that the ordinance be continued for second reading to a stated date since this is second reading. He requested that there be enough time allowed to work out all the issues. Council concurred that this should go to the Planning Commission on September 23rd and to come back to Council on October 7. Mayor Schlosser called a recess at 9:10 p.m. The meeting reconvened with all four council members and staff present. 4B. CONSIDERATION FOR ADOPTION OF THE DRAFT INDUSTRIAL SPECIFIC PLAN AND CERTIFICATION OF THE EWIRONMENTAL IMPACT REPORT. Tim Beedle presented the staff report. Mayor Schlosser opened the meeting for public hearing. Michael Jauron, general manager of the Chamber of Commerce, stated that the Chamber is anxious to have this passed and wished for it to be adopted this evening. There being no further response, Mayor Schlosser closed the public hearing. Motion: Moved by Mikels, seconded by Frost to approve Resolution No. 81 -128 and to waive the entire reading. Motion carried unanimously 4 -0 -1. City Clerk Wasserman read the title of Resolution No. 81 -128. RESOLUTION NO. 81 -128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A SPECIFIC PLAN FOR THE INDUSTRIAL AREA AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT. Mr. Beedle suggested that a letter be sent to the Chamber of Commerce and other individuals thanking them for their cooperation and help during the planning process, 4C. ZONING ORDINANCE AMENDMENT 80 -03 AND ENVIRONMENTAL ASSESSMENT. An amendment to the Zoning Code adding Section 61.023(f) implementing the Industrial Specific Plan. Tim Beedle presented the staff report. DINO COUNTY LAND USE AND BUILDING REGULATIONS AS ADOPTED BY ORDINANCE NO. 17 OF THE CITY OF RANCHO CUCAMONGA SPECIFICALLY ADDING SECTION 61.023)f) TO THE ZONING CODE PROVIDING FOR IMPLEMENTATION OF A SPECIFIC PLAN. Motion: Moved by Bridge, seconded by Frost to waive further reading. Motion carried unanimously 4 -0 -1. Mayor Schlosser opened the meeting for public hearing. There being no response, the Mayor set second reading for September 2, 1981. Jack Lam commended Tim Beedle for all the work he put in on the Specific Plan. 4D. ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03 (TT 11610). A change of zone from A -1 (limited agriculture) to R- 2 -P.D. (multiple family /planned develop- ment) for the development of 28 condominiums on 4.55 acres of land located on the west side of Turner Avenue between Church Street and Base Line. Mr. Lam pointed out in his staff report there were several issues raised by residents. After a meeting with both the residents and architect, solutions were reached as follows: 1. The swimming pool will be moved further north away from the residents; 2. The space between the residents and development will be planted with trees to avoid any gathering activity; and 3. A secondary access will be provided to the project through the con- struction of Teak Way going south from Ironwood to the project. (This will be accomplished through the parcel mao that must be approved prior to finalizing of the project). City Clerk Wasserman read the title of Ordinance No. 150. ORDINANCE NO. 150 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 061 -03 FROM A -1 (LIMITED AGRI- CULTURE.) TO R- 2 -P.D. (MULTI- FAMILY /PLANNED DEVELOP- MENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER AVENUE BETWEEN CHURCH STREET AND BASE LINE. Motion: Moved by Mikels, seconded by Bridge to waive further reading Motion carried unanimously 4 -0 -1. Mayor Schlosser opened the meeting for public hearing. Addressing Council was: Roland Sanchez, 322 Saratoga, Los Gatos, owner and developer of the property. Mr. Sanchez pointed out that there were two families involved historically with the property. The Sanchez family, which included his father, brother, and himself, who owned one parcel; and the Cortnev family which was his aunt who awned the other parcel. Originally when they went to the Planning Com- mission, they felt all conditions for approval were met. Now they have found out that the city is requiring a secondary access. He personally felt that it would be a personal affront to have to go to his aunt and ask for 30 feet from her property since he felt the access was totally unnecessary. Mr. Sanchez requested that Council approve the project without the lot split. Councilman Frost asked Mr. Lam if this would present problems since there are significant revisions made to the plan from the time of the Planning Commission approval to tonight's presentation. Would the developer be bound by certain conditions that are not formally required. Mr. Lam stated that this information has been transferred to the city, and that it would be placed as approved on the final drawings. He pointed out, however, that this plan does not address itself to Teak Way. In order for this pro j- to receive actual formal approval, even if the Council made the formal zone cha:-e tonight, it would require as a condition that the developer must come in with a parcel map and a condition of that parcel map would include these items. At that point staff would be requiring that Teak Way be built as a condition of that parcel map. The reason it was not made a condition was at the time the original parcel map came in, there was no indication of development and it is not normal practice to require minor streets when one does not know how the development is to proceed. In this case, the selection was from the lower parcel; one which we could not condition that other street on. We were fortunate enough that the parcel map had elapsed. New that we know the development is going to occur on the south, there is a need for best possible secondary access, it can be achieved through this new parcel map that must be submitted, and staff feels that Teak Way is the best secondary access and not to double access onto Turner. As far as the landscaping, these will have to be approved at a later time when formal landscape plans are submitted. As far as the move of the swimming pool, they will request a letter from the applicant stipulating that he agrees with the drawings as transmitted by the architect. Mr. Sanchez responded to Mr. Lam's convents by stating that they always planned on developing this property. He opposed the comment that "we were fortunate to have the parcel map lapse." They were always under the impression that Teak Way would be abandoned since it was only a half street anyway. Mr. Lam pointed out that the only thing that has changed on the site plan that has to do with the site approval itself is the location of the swimming pool. He said that Mr. Dougherty just informed him that because of the change of the swimming pool location which changes the Planning Commission's approved site plan, then the Planning Commission needs to approve the change of the location of the swimming pool. Mr. Dougherty said the item before Council was simply a zone change. Now the developer is talking about changing the site plan. The site plan was once approved by the Planning Commission and no appeal of the site plan has been filed. It is an approved site plan and not the one shown to Council. If anyone wants to ch:.:ge location of items on the site plan, then it is encumbered upon him to apply to the planning commission for a site plan change, and allow them the opportunity to decide whether they agree with the location of the swimming pool. It would defeat the whole purpose of our review procedure if we permit a change in an approved site plan with- out review by the proper body; unless there is an appeal. Normally the Council does not see the site plan unless there is an appeal. In this case it was a condition of the zone change. Motion: Moved by Mikels, seconded by Bridge to continue the second reading of Ordinance No. 150 to the September 2 Council meeting, and to refer the site plan back to the Planning Commission for review. Motion carried unanimously 4 -0 -1. Council as part of the budget process as one of the employee benefits. He said there would also have to be an ordinance passed revoking Section 20614 of the Government Code and an election by the employees. The election has been held. There 68 eligible employees; 64 voted in favor and 4 did not vote. Mr. Empey stated it was also a requirement to read publicly the following state- ment: "The current rate for our agency is 18.63% of gross payroll for those eligible to be members. If Section 20614, Statutes of 1978 is revoked, the city's rate becomes 9.36%, a change of 9.268% (18.631% - 9.363%). The cost to the city becomes $145,038, a reduction of $143,056. This percentage decrease is the pro- jected actuarial rate to the year 2000; but, as our contract reads, the employer rate is subject to change with future amendments and /or experience and other factors. "In addition to the above change, the city will continue to pay the additional 7% liability owed by the employee. This was previously agreed to. This will result in an overall net reduction in costs to the city of $34,622." Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Mikels, seconded by Bridge to approve Resolution No. 81 -129, a resolution of intent to amend the PEES contract and to waive the entire reading. Motion carried unanimously 4 -0 -1. City Clerk Wasserman read the title of Resolution No. 81 -129. RESOLUTION NO. 81 -129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE RANCHO CUCAMONGA CITY COUNCIL. 5. CITY MANAGER'S STAFF REPORTS. 5A. REQUEST FROM THE CUCAMONGA SCCOOL DISTRICT FOR DECLARATION OF IMPACTION. Staff report by Lauren Wasserman. Mayor Schlosser opened the meeting for public input. There being none, the public portion was closed. Motion: Moved by Frost, seconded by Mikels to approve Resolution No. 81 -130 and to waive the entire reading. Motion carried unanimously 4 -0 -1. City Clerk Wasserman read the title of Resolution No. 81 -130. RESOLUTION NO. 81 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONCURRING IN THE FINDINGS OF THE CUCAMONGA SCHOOL DISTRICT THAT CONDITIONS OF OVERCROWDING EXIST IN SAID DISTRICT. 81 -8 -19 in the amount of $584,937.29. Motion carried unanimously 4 -0 -1. Councilman Frost said that one of the directions from the Etiwanda Advisory Cone- :tLte'c was to request that the Etiwanda School District provide a representative to th. Committee to serve in an ex- officio capacity. Councilman Bridge said he would not approve any more members to the Committee. Any- one is welcome to participate at the meetings, but he felt the present size of ne committee was a workable group. Council concurred with Mr. Bridge that this was the philosophy of Council and fo- Mr. Frost to relay this message back to the school district and advisory commit,:ee. 6. CITY ATTORNEY REPORTS. Mr. Dougherty said he had a matter which should be dealt with with the Council in legal session after the meeting. Councilman Mikels reported that he had testified at the Transportation Commissi., hearing representing SANBAG. He said the Commission made no commitment to provides any right -of -way protection funding for route 30 in the absence of the passage of SB -215. However, if SB -215 passes, there will be some right -of -way funding coming. Jeff Hill expressed concern about citizens saying that they did not have a chance for input into the General Plan. 7. ADJOURNMENT. Motion: Moved by Frost, seconded by Bridge to adjourn the meeting to a Redevelcl u'enr Meeting with a Council Executive Session to follow the redevelopment meeting. Mc_ic-. carried unanimously 5 -0 -1. The meeting adjourned at 10:45 p.m. Respectfully submitted, /l Beverly Authelet Deputy City Clerk Prarlamation ', CA.U1f J - p1-- (Office of the fKagor MUVAS, Muscular Dgetraphg is a muscular disease flint crippler thoasando of Americans, and 1MIEREA5, file Muscular Dgetropl );1 Assacintion prauides a natian -wide program to provide free medical services to Muscular Dgstraphg patirnfe and families, and 1MiERiL'15, rxtrneiur rereardl is the anlg channel to find a cure, and MHEREli, Ole D.S. 3agcres, comprising 8,1111 local rhaptera and 3.0,0111 membrra Ilas pledged its efforts to find a cure, and 1MJl.TULN5, thy' Rancho Cucamonga 3agceea are ennducting fund - raising prn- jects in are city, and MEREA5, the "Jarreva believe that srruice to humanifg is the brat wurlt of life, �fET is" °'3i, 3, ',!hillip o. Schlosser, elaynr of file Citg of Rancha Cucam�. tta an ilerrhr proclaim Argust 23 and 'g as "3agere Muscular Bilatroohy gaga" in tllr City of Ruttcl;a Qrucamonna, and 3 call upav Ille ritkono of our situ to join mull milliung of Americans in Ilrlping to prnnidr the Nadu to find a cure for iilnucular ❑getruplly- Dafed this 19H) day of Aunust. in the gear of on. Lard nintren handrrd rinlitg -ottr. Sinn,hill' D. Sc hl Asper CLAIM FOR DAMAGES ` TO PERSON OR PROPERTY m tm mt INSTRUCTIONS 01. Maims for death, injury to peded me to personal property must be flied at later than 100 days after the aecOrrewre. (Gov. Code Sec, 911.2) 2. Claims for damages to real property mist be filed trot tatty than 1 year after the er:curan... (Gov. Code Sec. 9112) 2. Read entire claim before filing. e. See page 2 far diagram upon which to locate piece of accident. S. This claim form must be signed on page 2 at bottom. T. Claim must rbeefiled with CityClerk. (Gov. Code See. 9132)SIGN EACH SHE Ey. TO: CITY OF RANCHO CUCAMONGA 0 RESERVE FOR FILING STAMP CLAIM No. CiIY 6F•HAIJ:Ii000CniFONO11 ADMIP41STRATION 1•,UG 7 1991. ! ee : Business Address or Otmmanr 26 FR(� it I (1k �Il r ;Y -114• k)it Give addres to which you desire notices ar communseahots m be sent regarding this claim: Icg05 En,54r•o- H 4I =�._ rmo ock. X117 How did DAMAGE or INJURY occur? Give lull particulate. D.f1.V ".I)vr /atf=1it,`(L it.tf110.Li rIAC. Ct�Crt -iA29 -4.'iLII7YiG'LJ 11G& t[1Dy�: W fi1�71U1�y, r�(,�i71CACL:G, i70.Ci .fL< I 'ii;f�iCL'i`U V'f(1L•: 'itfl;'E.. � I fL.��1.1fiI.:LI ..G'f'i'.f'I' —WAI; mai rirutnl cord t�crw —f�(f Vxfi ;t trcee d:1 r VU Wen did DAMAGL or tvauna occur: v... •�•• r -•• ^ -- - - - -• - - -- — - -• L0 iii,:• on 4 Fib 51-o P11)• Where did DAMAGE or INJURY occur? Descnbe fully, and locate on magram on reverse s d L W heat, hen pprop t pv street names and address and measurements from landmarks: 1 NzC r7nr; Ccc. .C�('4u i �C', Ki'� � da � Yni fi'rne• What particular ACT or OMISSION do you claim caused the injury or damage' Give names of City employees causing the injury V. damage, if known: Cl{ • filCuih.nclnf�. u I.t;w ru1 Ic >ce. -fo Ctc.an -u� cE.P d-chu. -Fir �;.I,ilf , Pn117��?� +2r�.i� ^�,,a n;ooc.rll; :�4itzi What DAMAGE ur IWUR1ES do you dmm resulted? Give full extent of injuries aDdamages claimed: s blru;rl �t ^cal A {' ; 't.;rl I ICIr1,nI -tiC (-` 61 n ,[ 1- 'c'r• ".�J 7flGlti) I What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, SivingI best la o: computation: Mot, l fAc ;,, �f �7 �� C(�i' r^ IUrI 11 r, h � Pt ^•I'I }�;n,'(Q i�l;'. ll7,r�ltl', �`�1i,� we ESTIM:\ HO AMOUNT as far as known you ciaun on account of each Item of prospective injury or damage, giving basis a I',Li ri�ln;nnr;• •I' . L�i(I CIJ � . ( l �i)i 61'r I x SEE PACE 2 LOVEIII THIS CLAIM MUST BE SIGNED ON REVERSE SID? I tY N Insurance payments received, if any, and names of Insurance Company: Expenditures made on account of accident or injury: (Date — Item) (Amount) L J CLCA ' �i hnllel�a5 I!1, +71;rItflno F.6yC7r, 011;'4ih "� • J G r� Hni=f L�n4m -i � READ CAREFULLY For all accident claims place on following diagram names of streets. including North, East, South, and West; indicate place of accident by "\" and by showing house numbers of distances to street corners, If City Vehicle %vas involved, designate by letter "A" location of City vehicle when You first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -1" and location of yourself or your vehicle at the time of the accident by 'B -1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS SIDEWALK �\ -- PAKKWAT I /%/ _ SIDEWALK S ` GUR FOR AUTOMOBILE ACCIDENTS Z J U L 7 /\77, F person filing on his behalf giving 1'11 16 1 �. (J..l t °q I NOTE: Presentation of a false claim is a felony (C41. Pen. Code Sec. 72). CLAIFIS DfUST RE FILED NITN CITY nCI,ERK (COV, CODE SEC, 915x). C" Date CLAIM FOR DAMAGES RESERVE FOR FILING STAMP r TO PERSON OR PROPERTY CLAIM No...__.- -.. —.- aa61HR FOR FILE INSTRUCTIONS •I. Claims for death. injury to parson or to personal property must be filed not later than 1no days after the mocurrenee. (Gov. Code Sec. 911.21 2. Claims for damages to real property must be filed not later than 1 year after the oecumnee. (Gov. Code Sec. 9112) 2, Read entire claim before filing. 1. See page 2 for diagram upon which to locate place of accident. S. This claim form must be signed on page 2 at bottom. 6. is separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec, 915a) TO: CITY OF RANCHO CUCAMONGA Name of Claimant Home Address of Claimant Business Address of Claimant Give address to which you desire notices or City and Slate to be sent regaramg mu Age of Claimant (if natural person) How did DAMAGE or INJURY occur? Give full Particulars. li i.[;cti r.(1 1;111 AN11, 4114 0— 14"L .� &rnL C.I P. (ulcfuu:�� rIw 1cIcC . ICIf:�iii([(.flfi hCaf E��UtLJ Oft QI,�(10i)e fLrLl //It-ak PCL7�Lfr� ()Ll'ter�iliCli -IC' 'Ji ,1.L'C �C G•L =ii� J �rij. kQ 11 AE -t1' CY i� en did DAMAGE or INJURY occur? Give full particulars, date, time of day: J Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and address and measurements from landmarks: What parl¢alar ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: What DA:dA GE or C,'JC110.5 do Yf"i cluun rcxulleu? GIVe foil nxlenl of utjunus or What Al•IOU co :(T do you claim on account of each Rem of injury or damage as of date of presentation of this claim, 9i"119 basis o' computation: , as far as kmle'n you elaun on account of each Item of prnspecuve injury or damage, giving basis o, �e SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED O\ REVERSE SID) ;7ty rnav APPfICOWN FOR ALCONOEEC BEVERAGE O[LNSE(SI 1, WH(S) Of IICENSEISI FILE NO. FEE NO. To: Oepemm.nl aE Allo .lic lererep C-Fl N130 Sh «r .'AE RiFFEFLA rTTRD C.P. 9E11 {I$yeGpE$ GFOORAh11CM Swrmmenw, 0< r + +. •' COPE TM wd «vpned MnbY epPlbr Iw^r Ulm PON fm..Nt dewibM o, lolb.r: Lmp. F«mn UP, 3. NAALE(S) OF APAICANT(S) Applied w f S «. 310M ❑ F4n:T]WTGR• EB «b, DMe: EfI DOle: (PL-12) 3, iWNS) Of iRANSACiION(S) FEE VC. . TYPE f B 1 l Nome of Fu,inm ffioDtvLle YSn®FUd s. L «even of ewi:,en— NVmb., end v,pl ' 1Z%I ArAO+Hlvd. Pry end kCOde__n.r,:n _YC?^rM ud (CLIFF NO. ''1 TOTAL Q v. no.Ypm AM SR. 9R, 10 —1 en Wol_ mcrvy.r <mp ]. Are hemiN, ImMe Rr �I ryv er« .1A . 1 l .I FF, p- 1i,:oer of Me AkaM1 — rqe CnnM1el Atl or rpvbNe t M. wpaRmmr P «- port M S[AIE,OFJCALIFORNIA C—, of WTI saxlLNstifm . �IqR N~ + MAaNI:w rr n«rrr,'IPM1'�r_n+l_n„'+wl'^'m :�., N _n:.N._. N r.:M, :N rw.M: n h hr...r _nmJ•n : +NI.M1 i� nr . �. .. . t' ' � ••.Ilr A1NCANL'..1mVyTrt{TTj �Qj i� .._ ... ....... .. :.. ._ '••rSIGtN11q'I((PgEE • ... _ . .. - - - -- APPLICATION BY TRANSFEROR G1 I3. STATE OF CALIFORNIA C-1, al -T.1 ✓Cmrae"1An pore B`�A�1 .1, J:v'.. _..v .. .. .... Ji Ib Nem.y eF'Pt merlO� •• ea••••,r •n.v.r':.n. ou+• 17 , S:gnnrur.l0 n_F tl:.n �e//.lfl Is tit a Nemberhl }1BDOQ12DE. E,T:31'RI6u:±_,_.L ••;/4. +A�i a ._s, nv �z�nnn . .. . .. ... ' ADnuLlsl ar Tl - - ; _ 19. Lomua Nta.Mr and Srreer Clq- a8�t ^A.:�� . I UP Nof wrOr Brlou r111a l,inr; Fat WINllrnenl l tt Ody m el I 1 APoteed " Rerd.d a 1 r. r c FM t:e N PRN, P .. I n ._........ COPIES MARED . '❑•.newel fn of Paid al .� /.. 06o en 1 R«apr Na ... ........ COPYa. 0. NN WNN AM..,Mr alw Mwlewrrn,. MNOn1. MPLICATION FOR ALCOHOLIC WIRAGE LICENSEES) I.: lk H—. or M.Wk M<na9. Connd 1:150 Sh..r S- . -..... Colic 9501, 8s -Bollial'CS u.nnm nvr... TM ,mdvrr I, w h-6, oppAe la Atwr dw<,rh.d w kffew: 1, OPEW Of HCENSE(51 FELT 140. Off Bale Bear L vine A,,11M uN w 5r<. NKHM ❑ £ew re Rttj et ', FEE NO GfOGMPHOA, CODE 0.N r„wd 3. NAME(S) OF APN1GNT(S) amP. P..mH ,17,45 .�L a–)1 ER In D re:' aii HICJ 6D0 6 CLOP ID ., +'d r :rte`...; ... I(C. rrPE ' YOr.Ref. _ I COPYa. 0. NN WNN AM..,Mr alw Mwlewrrn,. MNOn1. MPLICATION FOR ALCOHOLIC WIRAGE LICENSEES) I.: lk H—. or M.Wk M<na9. Connd 1:150 Sh..r S- . -..... Colic 9501, 8s -Bollial'CS u.nnm nvr... TM ,mdvrr I, w h-6, oppAe la Atwr dw<,rh.d w kffew: 1, OPEW Of HCENSE(51 FELT 140. Off Bale Bear L vine A,,11M uN w 5r<. NKHM ❑ £ew re Rttj et ', FEE NO GfOGMPHOA, CODE 0.N r„wd 3. NAME(S) OF APN1GNT(S) amP. P..mH ,17,45 .�L a–)1 ER In D re:' aii HICJ 6D0 6 CLOP ID ., 3. bPE(5) OF TRANSAC?ION(51 FEE I(C. rrPE ' YOr.Ref. 5 25.00 20 A Nam. of Evdnm 3, laanon e? 0vu•en- Nvmher aM Sh.w `10120 -225th Bt. ' 1=120 lue:�"" 91730 FAIR Ha3Ta311 dIECEI" NO. 223:8 TOTAL ' 25.00 a rune rrw LrtmW, p.0a3090 r' cm U-10 .N. Ise rpeor Uaeu .. t.IAdliey Add, IRISH .NIII I,- 5) -N.AAH r MSMx 2 611 'cr Oat- i CA R2 91" ee^ 9. Ha.e you e.w bwn <and0.d e10 Llony? 10. H.,. yw <rw dd P d aq el rh. P–m-, d M. AkoAdrt Lwete9. Ceeoer All w rNUIaNOm a( IA. D.portnr.nl W. Nr1 a„me9 r. m. Ad? ra er 10 en ae arye<Fm.n, vN.h o. sure OF CAtPORNPA ew..q .r .__ fien BA![Iait11D0 ..._. ea. I•„«n•en,M yWee N�h ^•rr.r.e r.•wr•+w ,M, +•:r Mr».e v F :r,arn ., u,.tlw«~!1 N.r n., rr,n:,w •yl..v..n n« ,• .r,«.._,•N w• rn. ,.p'nn., « n, rr..r _rx. « ..rre.r'ru v h W le. APPLICANT SIGN HERE Y APPLICATION BY TRANSFEROR 15. STATE OF CALEOPNIA C.." er Sea BetmIRSdiaot N. Too C. LID'Tr1A n m<a n Numew, o,,d Sr,nl 1,ry oed £'.Pad. C.-I c]MZ0 _05th FYt.ARWJgf!4 feC190yieT. (1_i5 017 �_ Rgpi..rnmM!ne Oa NO IV W, 11Amr TM, Lldrv, 1'.P Dr,,m,rnl I'll OWE _ I 4NOM1.d Qj RwmdM aodte EADC- 231fo. _ .. 7 -30-1 (3 .. COPIES MATTED ...... __..... .. „ Ptneval F.r d Fald O'rtt nn Retelpt Na .. .. 0 E 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Bonds and Agreement for Director Review 78 -30 - Mobil Oil Corp. ,to G�JCAMO,IG tr, ¢I ' 0 Q z FII L7 Z 1977 Mobil Oil Corporation has submitted the attached bonds and agreement to guarantee the installation of off -site improvement for their site located at the northeast corner of Archibald Avenue and Arrow Route. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the improvement agreement and improvement security and authorize the Mayor and City Clerk to sign same. ,Respectfully suyP..itted, LBH:$k: j as Attachments 6" RESOLUTION NO. 'I/ A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 78 -30 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Agreement executed on August 12, 1981 by Mobil Oil Corporation as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at the northeast corner of Archibald Avenue and 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, Director Review No. 78 -30; 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, ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk \I Phillip D. Schlosser, Mayor t � • -- ' _ .. ..,� Y Si ... 'v im - -_- -+ =j -•t a1 RGM /HALO -_- /�- . -V��u ��-' a 111 1 Ilj n E ' f EXH • +•° r Men on comelalar. . _ 1 NGC .� MU.�MCOI 1 _ II' ` .1 CIIf OF RLI.CIHO LJCA ONCA • IMPROVEMIEY, ALRE,ICST DIRECTOR REVIEW 78 -30 MW ALL MEN BY THESE PRESENTS: ne- this egreemkvt is made and entered into, in conformance with the provisions of the Municipal Code and Resla- lions of the City of Rancho Cucamonga, State of Califorr, ;i, a municipal Cor- poration, herein.f ec referred co as the Clcy, by and u�r.,en said City and Bat iJ Oil Comorat LON ,. hereinafter rCf.rCcd to as the Developer. Wf .'NESSEIH: T%kT, 4HEREAS, purroi= to said Code, Dow.I.Pir has requested appfmvd by the Cit'7 of, Director Aevice 78 -10 in a car<aace reh the provisions of the report of the rommernity Develement Director thereon, and any amendments thereto; located ,t tt, northeast corner of Archibald Avenue and Arrow Route and, 1.9EREAS, the City has established certain requirements to hem t by said developer prior Co granting the final approval of the development; sea lnERE /S, the execwtion of this agreement and poall, of improvement a t urity s h.emlcaiter cited, and :.,proved by the City Attorney, are deemed eed ro be equivalent to prior Completion of said requirements for the purpose of securing sa of approve:; NJ!;, TM,EiEFORE, it is hereby agreed by and between the City and the Develop.• as follows: 1. The developer hereby agrees to construct at developer's expense all improveneoos described on page 1 hereof within one veer free the data hereof. 2. the tarn of this agreement shall he One year commencing on the ,Tate of execution hereof by the City, This agreement shall be in default on the day following, the last day of the tens stipulated, ull—A sal,, ,v.1 has been uxter,ded as hCt.inafcer provided. 1. T,e Omelo per may request additional Lime in which to Complete the pcovi- siors of this agreement, in writing rot less than four weeks prior to e de[ ,i,,1 r, and iocluding a ata[e m nent of ,rcuscance m . of neczity ter .,Cdi[tnc.l time. In cons idece[ioo of such request, the City reserves the right t the provl,her, hereof, inciading Corrlructeon standards, matt' rtand us ufitielley of till impruvement secocity. and to require ad;(:, moms .hereto warn warranted by seba.antlal ehhngus Cher ern. 4. ,veloper fails r. 1 neglects to enmply with the provisions of this Cho City vig tv e il I the right ac any line to cause said provi- Tell lavl,l c and lb, —,n to recover fram +,.,., a. hI' aunty tins full cast and expense foevrred in su a. Encl— ehi:—1 pornlL,1 shall hu obtained by the neeeluper from the office of .a C,L1 Ca;; 11lCr Prior to start of any work wiLhro the public right w m d eve In pot shall condo,[ ouch work in full Compliance will, the, :;uluumv ou : cont,uhod morel,. von -cans pl Sancu m sul[ in stopping of ta. or, by the Ciq, and assussmer, of the p hallicsc p,.vidad. n. Pool" rl,;t ot coy tmprovoment work required shall be constructed in o ,Lh aVprove.l i.,tovumont plans, Standard 5I.Cification.,, has o:d Sl anJard 1ravm,;:. and an7 ,pedal mien nu n[s Ih ore tu. G1 N.Lroc"op zha:i :. - . any tranalttom. andler .1hor incidental work tn.11 nvc- .or drai .,14 or ryibitc ,for,. RC-::A 1 Pa,, 2 r INPROMNINT AGREEMENT BY: ATTi.s r: DAIS: CITY OF RANCHO CUCRWNGA, MIFOBNIA a municipal corporation NAYOR CITY CLERK ADDENDUM 12. MOtwichstandiro any provision herein to the contrary, if prior to breaking ground or the starting of any work on the proleet Devdlouer elects to withdraw, such action shall not be construed as a default and Developer and /or its Surrty; without penalty or liability, shat to relieved Of cc- nuance with any obligations or provisions arising under thin Agrecrent or pireetor Review 78-30. ]. 'Work dare within cristing streaCS shall be diligently cued to couple- tic"; lino City shall heve, the right to complete anv end all v In the m:' u unjunci ricJ delay in camp letiun� and m r .11 cost sad expense incurred from the Developer and /or his contractor by any lawful 8. The Developer ,hall bu responsible for replaedr•ent, Itic lm;, or 0- anva3 nr ally cemponent of any irI,,atian wetcr system in conflict with the, required wrrrk to the satisfaction of the City Engineer an.l t.,. Doer of Ill. wu tar system. 9. Tho Developer ,hail be responsible for rumn al of all lovsc rock and ocher debris frun; the Pul.lic right of way resulting from work done on the adja- cent property or within said right of way. 10. The pnvetoper 11,111 p11c, and maintain parkway trees as directed by the Cammonity Develoyment Director. U. The imprnvsever security to be furnishad by file Developer to guareneee mpietiwn of tins terms of this agreement shall be subject to the approval Of Chu City Attorney. The principal .rotat of said improvement security sh.lt be net less than the amount shown below: 1DPRJVENENT SECURITY SUIINITTED: Faithful Perforevnce Bond TYPL SUREY /AGENT PRINCIPAL A`WUNT Faithful perfomwnte $30.000.00 . • Ju lal and Labor Bond 115.000.00 See Addendum set forth below which is incorporated herein. IN UfTNESS IICPCOF, the 11.111as hdreto have caused chase pre enfa td be duly u,ted and acknowledged with all formalities required by law on file dates set forth opposite their signatures: DEVELOPER BY: ' ./..�71._/,rrGJ DATE: BY: /sir• — ✓..11. c' DATE: UITNCSB: DATE: BY: ATTi.s r: DAIS: CITY OF RANCHO CUCRWNGA, MIFOBNIA a municipal corporation NAYOR CITY CLERK ADDENDUM 12. MOtwichstandiro any provision herein to the contrary, if prior to breaking ground or the starting of any work on the proleet Devdlouer elects to withdraw, such action shall not be construed as a default and Developer and /or its Surrty; without penalty or liability, shat to relieved Of cc- nuance with any obligations or provisions arising under thin Agrecrent or pireetor Review 78-30. p'3CC r[J:: 6:A .In:o rSCSILOT:: LSC'J. \Ci::T ^CCI[: k'C. ^. SCIIL�r L[ (. \ua:L co "invpa<co r'x L.rO j') 0dT9: 5121181 VC,*I IT NO. CJ:@GiCO 5y J. SLOfa 17:4• ..u, nn,. OR 78 -30 CL/ 01, .,.n, ..,, 399 ::Jim: Jocs r. fnc luuc curan. ...e for vrt cic.; pen:i[ or Pavenenc reptace- .aenc depu.i [s. CJYSTRUCTIO� CO.S1 EST➢6\TE CO11S::CC7I01 COS; 526,732 LOI::::p:E1CT CC.i:S ]. ?E8 'TOTAL Cc%S76L'C:J1 CO;79 530.030 FAIT:IFUL i'E81'OR`1,\1CF 30%0 (1000) 530.000 IA &Jlt AND 1: \TCniAI. W \9 (50::) 515.000 L::CISCCRC:G C:SI�CC710%4'CC 51475 U'CC N.ilE9L'L::) • CT'I IT 'i 1 11.1- 1117 InIT a : It ::1 1 . r. --I 354 6.00 2,i24 1 51 4�u I , .• " ^•'.,+: !. 1 1400 I r. ti.e 1 �rz: •^ I .5.F. I n - -7 J rnx Tll': S.F. j •3150 1 - 1 JU +> 1 r t 1 1 C. C . •�3�LF. I E 1 Z50 UQ S "x 3" Cra rn Under Sidewalk 1 j ToO� L� ll C. GAP �sva1- .�" '9d,,, Island ' 378 1 LF 1 7,25 — 74 1 1 em.nv+i d.f.. Ptvemen' 2200 1 SF. I 5 19, 1 [ 1 1 SC 1 375 I 1, � •' : f _p 117 I 1 p 412 . o. 45 LF. Z5.00 I.1z. 1 r�i :a^ 1 1717 I ^n OP 1 2500.00 SO 2. f<:;t'n'I '•17117: Uesin i' 42 L 10.E 1 CO11S::CC7I01 COS; 526,732 LOI::::p:E1CT CC.i:S ]. ?E8 'TOTAL Cc%S76L'C:J1 CO;79 530.030 FAIT:IFUL i'E81'OR`1,\1CF 30%0 (1000) 530.000 IA &Jlt AND 1: \TCniAI. W \9 (50::) 515.000 L::CISCCRC:G C:SI�CC710%4'CC 51475 U'CC N.ilE9L'L::) • • Bond Nu ,8087 -9200 .,. ,. Premium:$150.00 FEDERAL INSURANCE COMPANY k) PACIFIC INDEMNITY COMPANY ( ) PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL HENRY THESE PRESENTS, That we, MOBIL OIL CORPORATION .... .,, .. ... .. as Pnneipal. and FEDERAL INSURANCE COMPANY . a Corporation organized and eamnling under the laws of the Slate of . NEW JERSEY .... end aothm'oad to transact sareh' bu n.m.,, in the State of C.Iih ads. u Sw'e, are held and firmly bovod unto ..... CITY OF RBNCHO CUCN40111GA, CA. lheremafter rolled the Obligee). is the sum of THIRTY THOUSAND AND NO 1100 ------------------------------------ .. ____________________ _____ ____________________ __ _ ___ Dollars0 30,000.00.1. • for the paynlenl whermf well mad tally to be made and We each of as bind Ourseltea, our heirs, ese titors. adnn lletratorc nuetessr.rs and aeelgns. lalntl)' and mevermlly. finely by these !"events. "I'IIE ('ONDITION of the aN,le abllgatlan is .iurh that. Whereas. the alat,'a named haunden lll'theipal nntnrM int., a r,,m,ni t datM 19 With the said Obligee to do and IKrform the fnllnxmg wm k. tnw'it: Installation of off -site improvements including curbs s gutters, sidewalks, storm drains, paving, streets and installation of a center median at property located at 9710 Arrow Highway at Archibald in the City of Rancho Cucamonga, Ca. , Mobil W. 0. 1 8035. a herd why I: 1 le, "tI,Inm.l,heatU"I.1 berrtu..mdi, herele I'rfml M t o and made a I'am lmv Imf. Nolt', TIII'.ITT0111':. 1f ❑n• ubovl• Immmlen Imnl. gvd .hall Pell :md billy Im,fal the walk ran. Da1'. d n• ... ..l foln'i nmlrr .a:.l umnart. 0..1 n thry Nrbgat nIn)e Will :md yonl; ntherwllr to rom.n. a 11111 f•d.e .red. III I t. No I'M •r .r. (nnr,ball art me Ilndrl 1111[ Komi to ur fn the'ise If my ""Im Idb.1 1".." 11 • ..11.1 01.1:m o, 111,NElr AND .0 F.Ahl.1) Ih1, 22nd day of June to 81 Mobil Oil �IC'OCPOrstiOD � ny: . -/I - C�.va✓r C,.—. L::'ii , :itra l:;' plm,q'A FEDEP.Ar._)NSUIbWCE CO:IPANY Rut'a E. LCDVC Altpmm,,m.Wt Executed in duplicate it Bond Nu ,8087 -9200 .,. ,. Premium:$150.00 FEDERAL INSURANCE COMPANY k) PACIFIC INDEMNITY COMPANY ( ) PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL HENRY THESE PRESENTS, That we, MOBIL OIL CORPORATION .... .,, .. ... .. as Pnneipal. and FEDERAL INSURANCE COMPANY . a Corporation organized and eamnling under the laws of the Slate of . NEW JERSEY .... end aothm'oad to transact sareh' bu n.m.,, in the State of C.Iih ads. u Sw'e, are held and firmly bovod unto ..... CITY OF RBNCHO CUCN40111GA, CA. lheremafter rolled the Obligee). is the sum of THIRTY THOUSAND AND NO 1100 ------------------------------------ .. ____________________ _____ ____________________ __ _ ___ Dollars0 30,000.00.1. • for the paynlenl whermf well mad tally to be made and We each of as bind Ourseltea, our heirs, ese titors. adnn lletratorc nuetessr.rs and aeelgns. lalntl)' and mevermlly. finely by these !"events. "I'IIE ('ONDITION of the aN,le abllgatlan is .iurh that. Whereas. the alat,'a named haunden lll'theipal nntnrM int., a r,,m,ni t datM 19 With the said Obligee to do and IKrform the fnllnxmg wm k. tnw'it: Installation of off -site improvements including curbs s gutters, sidewalks, storm drains, paving, streets and installation of a center median at property located at 9710 Arrow Highway at Archibald in the City of Rancho Cucamonga, Ca. , Mobil W. 0. 1 8035. a herd why I: 1 le, "tI,Inm.l,heatU"I.1 berrtu..mdi, herele I'rfml M t o and made a I'am lmv Imf. Nolt', TIII'.ITT0111':. 1f ❑n• ubovl• Immmlen Imnl. gvd .hall Pell :md billy Im,fal the walk ran. Da1'. d n• ... ..l foln'i nmlrr .a:.l umnart. 0..1 n thry Nrbgat nIn)e Will :md yonl; ntherwllr to rom.n. a 11111 f•d.e .red. III I t. No I'M •r .r. (nnr,ball art me Ilndrl 1111[ Komi to ur fn the'ise If my ""Im Idb.1 1".." 11 • ..11.1 01.1:m o, 111,NElr AND .0 F.Ahl.1) Ih1, 22nd day of June to 81 Mobil Oil �IC'OCPOrstiOD � ny: . -/I - C�.va✓r C,.—. L::'ii , :itra l:;' plm,q'A FEDEP.Ar._)NSUIbWCE CO:IPANY Rut'a E. LCDVC Altpmm,,m.Wt Executed in duplicate vo I,i C9 eE� Qj .nom�I: Is �i`aE st .. • Bond No, 8089-9200..,...... FEDERAL INSURANCE COMPANY (X) PACIFIC INDEMNITY COMPANY f ) PAYMENT BOND CALIFORNIA PUBLIC WORK KNOW ALI, MEN BY THE,RF. PRFSIl Thal we. ... MOBIL OIL CORPORATION .... ..., ea Pnoci,atend .... FEDERAL INSURANCE COMP&iX ... .. ... J Corteliion organized andexistinR under the lawn of the Stale of NEW JERSEY .,.. .,, ...,., and authoon d to transact surety businea in the State of California, as Surety, are held and firmly lyrund unto ... .. ......CITY OF RANCHO CUCAMONGA, CA. Obligee, in the araresale total of FIFTEEN THOUSAND AND N0 /100--------- ------- ----------- - ----- -------------------- D-11-111 ($ 15,000.04. fnrthe Payment whereof well and truly to be made. we herebv hind ouneh'a, our helm. executors, adimm. stmm to, oo,,,,son, and anion . jointly and roserally. firmly by these presents. WHEREAS, the Principal ha, by written agreement dated _... ... entered into a Cuntmct with CITY OF RANCHO CUCAIdONGA, CA. Installation of off-site improvements including curbs a gutters, for sidewalks, storm drains,, paving, streets and installation of a ?,star med an at property located at 9210 Arrow Hglway at Archibald in '�e0&','ftitR a�flt!° 7? m�45tlidR:,9�•�1n£'m,ei.iAeie }n W� �rl'ail �9iibr'Pnp aqr lurson named in Serlion 8181 of the Ciyil Code of the Slate of California, or amounts due under the L'nemployntent Imur- ce Crxlo with res,ect to work or lidwr Iwrfanned by anv person name In Sealun 3181 of the Ckli Code of the State of California, or any amounts rcnuircd In be deducted, witbhelA, and paid nrer to the Fran- chise Tax Roard from the wag, of employees of the Contactor and hie suhcnnn'netora panuant to Sec. tots I8806 of tho ke,orne mod Taxation Cale. with respect lo.aneh work and L tar, the Surety willµ )• fm' theseme In an awgmxaleamnunt notexceeing thesum twilled in this bond, and also, in ease tout ie braught ulmn no, lend, a remoo,t rte attorney: fee, to be fixed by the Courtin accordance with Seaton 32in of the Ci%it Code of the State of Californv. Thie bold shall min to the benefit of any Iverson named in Sort ion 3181 of the Cieil Cale of the Fine of ('Aliful ma in i s In Rn,n a ri,ht of action In loch I,ermri oo nfi aa1Rn[ in any' ont brunt Rl:l orms this hod. SIGNED AND SEALED thi,. 22nd ,day of June .. 11 dl MOBIL OIL /COORPOMITION // Dyl M. i,r •, _^ Pnneu,Al FEDERAI�IINSUPANCL CONPAMY 13, r,LtL�.�� y Ruth L. LeDUC Al Z i 1.m -fan Executed in Uuplicate • "" 13 • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for 9260 Mignonette Street Mr. Butters, owner of the property located at 9260 Mignonette Street, has applied for a building permit to construct a single family residence. This property does not front on a public street. Access to the lot is provided from Hellman Avenue through an offer of dedi- cation to be paved by the developer prior to occupancy. As a prerequisite to issuance of a building permit for landlocked parcels as established by the City Council's Resolution No. 80 -38, a lien agreement for future improvements of the street is required. Mr. Butters has executed a Real Property Contract and Lien Agreement to provide for street improvements at some future date to be deter- mined by the City. RECOMMENDATION It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the lien agreement on behalf of the City. ftesg¢ctfully sub)hitted, LB11: BR: jaa Attachments �-{ RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEPHEN BUTTERS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 80 -38 of May 7, 1980, to establish requirements for landlocked parcels where no subdivision is occurring, and; WHEREAS, Parcel 2 of Parcel Map 3189 as recorded in Book 30, page 95 of Parcel 95 of Parcel Maps Official Records of County of San Bernardino, State of California, is a landlocked parcel within the meaning of said Resolution No. 80 -38, and; WHEREAS, Stephen Butters has executed a Real Property Improvement Contract and Lien Agreement, a copy of which is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in • the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren rI. Wasserman, City Clerk Phillip 0. Schlosser, Mayor 16 9260 MIGNONETTE ST. ' F ' - 22 AC, M/L L m L 6 3 AC 'J /L y Ac. I Fur ez 3 '43' (k ?"' CITYOF I\,\NCl 10 CUCA.N IONGA ENGINEERING DIVISION VICINITY NIAP 0 RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERR CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Post Office Be. 807 Rancho Cucamonga, California 91930 REAL PftOP£RTY IMPROVEMENT CONTRACT ANO LIEN AGREEMENT THIS AGREEMENT, made and entered into this - day of , 1981, by and between Mona F. Butters, Stephen L. Butters, Ruth U. Daugherty and Bernard C. Daugherty (hereinafter referred to as "Developers'), and the CITY 02 RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City"), provides as follows: WHEREAS, 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 improvements, including curbs, gutter, and pavement, adjacent to the property to be developed; and, WHEREAS, the Developers 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 Developers enter into this Agreement requiring the Developers to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvementi :e the Developers fail or neglect to do so and that the City shall ha11^ a tien upon the real property hereinafter described as security for the Developer's performance and any repayment duo City. NOW, THEPEFOPF, THF. PAPTTES AGREE: 1. The Developers hereby agree that they will install off - site street. improvements, including curbs, gutter and pavement, in accordance and rnaplianrn with ail applicable nrdininces, resolutions, is rules and requldtinns of the CitY in affect at the tine of the installation. Said imp rnvcma n4; shall Le installed cpon and Hlonq The developers property heroin described. 2. The installation of said improvements shall be complae not later than one (1) year following written notice to the Developers from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developers fail or refuse to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developers 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 Developers. 4. To secure the performance by the Developers 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 Developers hereunder, the Developers do by these presents grant, bargain, sell and convey to the City the following described real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, to -wit: . Parcel 2 of Parcel Hap 3189 as recorded in Book 30 page 95 of Parcel maps official records of County of San Bernardino, state of California. 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developers shall faithfully perform all of the acts and things by them to he done 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 ornperty 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 real property. 7. This Agreement shall be binding upon and shall insure to the Uenefit of the heirs, executors, administrators, successors and assigns of each of the parties hereto. • il? • x.15 ItLLILAICURf {y 8. To the extent required to give effect Of this Agreement as a mortgage, the term 'Developers" shall mean "mortgagors' and the 1�I34elna woos.,.. \.....;11 I City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages 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 Developers hereunder or to foreclose the right of the Developers to redeem the above- described property from 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: DEVELOPERS: CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal q� • corporation / �.tBSC �C—�1. ,C2!��t✓ /i1a> BY: PHILLIP D. SCFILOSBER Mayor 7 ATTEST: /�',17JCL l{�(; I.C�GC �%7�•lI� LAUREN M, WASSGRINN City Clerk 9111 rr 111 1,111n, /5 . !em.• - \ "{ � e , Nv.r, ^ �, m un mr - d y.•, r „nnp :penne 41-t . ._ tdl�.i. ,; n�� ♦ �) __ _ •1114 f. <, 'n0 ^15: !;IanS ,'llrnrvi �Al ;4pv[Ir:e'n,A. "enVUY'INMeL nllYl.1 -f A,rJ l'S r••.: i.b �l �� .)r x.15 ItLLILAICURf {y ANMfM11K�f1a1'f11M �/ $A \6IIIMAWOf04.:IY MLr I ^xs il.law 1�I34elna woos.,.. \.....;11 I !em.• - \ "{ � e , Nv.r, ^ �, m un mr - d y.•, r „nnp :penne 41-t . ._ tdl�.i. ,; n�� ♦ �) __ _ •1114 f. <, 'n0 ^15: !;IanS ,'llrnrvi �Al ;4pv[Ir:e'n,A. "enVUY'INMeL nllYl.1 -f A,rJ l'S r••.: i.b �l �� .)r • E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 O TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for 9120 La Sends Road Mr. and Mrs. Bohne, the property owners, have applied for a building permit to construct a dwelling unit on a piece of property at 8120 La Senda Road. The property does not front upon any public street. The access to the lot is provided from Sapphire Street by La Senda Poad -a 15 foot wide paved access through private easements among the adjacent property owners. As a prerequisite to issuance of a building permit for landlocked parcels as established by the City Council Resolution No. 80 -38, a Real Property Improvement Contract and Lien Agreement for future improvements of the street are required. An irrevocable offer of dedication on their portion of the access for street purposes has previously been made by Parcel Map No. 1492. Mr. and Mrs. Bohne have entered into a Real Property Improvement Contract and Lien Agreement to provide required street improvements at some future date to be determined by the City. RECOMMENDATION It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the Real Property Improvement Contract and Lien Agreement. ,. RAF fully subm ted, LBH:Jsk�ta Attachments n,� RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PALL W. AND MARY JANE BOHNE, HUSBAND AND WIFE AS JOINT TENANTS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. WHEREAS, Installation of curb, gutter, sidewalk, and pavement estab- lished as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Pall W. and Mary Jane Bohne, Husband and Wife as Joint Tenants for 8120 La Senda Road, located on the west side of Sapphire Street, between Almond Street and Hillside Road; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 19th day of August, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren I1. 'rla.sserman, City Clerk to r�0 Phillip o. Schlosser, Mayor 8120 LA SENDA ROAD ftl C" n Homes I e0d 4 sso,c ?,on, Al 6. 6/46 q: 0 C) O Ilz CITY 0FRANCHO CUCAMONGA LN(;INI:I'.RI.NG DIVISION VICINITY NIAP <n lui RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCA ?CONGA 9320-C Base Line Road Post Office Box 807 Rancho Cucamonga, California 91730 l� REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT -,; "IS AGREEMENT, made and entered into this / � day of 99 A/ r", % , 1981, by and between Pall W. and Mary Jane Bohne, Husband and Wife as Joint Tenants (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, 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 improvements, including curb, • gutter, sidewalk and pavement, adjacent to the property to be developed; and, WHEREAS. the Developer desires to postpone construction of Ruth improvements until a later date, as determined by the City; and, WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct Said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or ncglocts to do so and that the City shall have a lien upon the real property heroinafter described as security for the Developer's performance or! any i'p"ymg,t due City. NOW, THEREFORE, THE R\RT11:S AGREE: 1. The Developer hereby agrees that they will install off - site strcrt improvements, including curb, gutter, siiewalk and pavement, in accsrdln,:c enl rompli.Inc(, with all applicable ordinances, resolutions, rules and regulnticnv of the City in effect at the time of the 4lstalla- tics. Said impcoce nests sh,ll I:e inr.tnlled upon and along L,, Send., Rond ad1.IC.:nt to DeVrlot,r'S property, hC[rinaf1-r de6C[Ihrd. l� 2. The installation of said improvements shall be comple ttO not later than ooe (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer fails or refuses 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. 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 improve- ments upon default by the Developer hereunr.er, 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, County of San Bernardino, State of California, to -wit: • Parcel "B" of Parcel No. 1 of Parcel Map No. 1492, in the County of San Bernardino, State of California, as per map recorded in Book 13, Page 3 of Parcel Maps, in the office of the County Recorder of said County. (APN 1061- 101 -13). 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things by them to be done under this Agreement, then this eonve�anco shall be void; otherwise, it shall remain in full force and effect and in all respects shall be considered and treated a.. n mortgogc be the real property and the rights and oblv;ationc of the parties with respect thereto shall be governed by the prevrstons of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on real property. 1. Th:s Agreement shall be binding upon and shall rnsure • to the boncf,t of the heirs, executors, ndmtm strators, successors and assigns of each of the parties her -to. 'M Cl. Y 0 8. To the extent required to give effect of this Agreement as a mortgage, the term "Developer" shall mean "mortgagor" and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages 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 foreclose the right of the Developer to redeem the above - described property from the mortgage created hereby, then the prevailing party shall he entitled to recover its costs and such reasonable attorneys' fees as shall be awarded by the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY; DEVELOPER: CITY Of RANCHO CUCAMONGA, //' corporation a municipal ,y//' /I S� / / E2_' corporation ilr h PEILLIp 0. SCHLOS EER Mayor ATTEST: LAUREN 11. WASSEMIAY City Clerk stlgrTr:1111 hVIA t1) n, n,S lY or Sao Bernardino nr Augur[ l0, 1981 . I, L•t •<. p . A,r .`: r1 I`.I Ir in .r,d rnr .,iA fruinl .d 3r,re. ..r •11;11 W. Ben „e and Hap' Jane Bnhue- - ...- --. .. ...JO 8h lr le� a. l.e sh 0 �n � L JIr:O I I:N Nui /.IIY el 11. fJ 11 .f AIAP ...M sxlmn w uxH 1 l,,l rsrA:r neua Gnro.N4 Hp e:gn.app;e f0urlr Mr Cnmrnaxon F.pvo OtL 0. 1 ^IM 11 3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: city Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Assistant Civil Engineer �0 CUCA111047 A 1977 SUBJECT: Acceptance of Bonds, Agreement and Real Property Improvement Contract and Lien Agreement for Willow School Willow School has applied for a building permit for the expansion of classroom purposes at 8968 Archibald Avenue, located on the west side of Archibald Avenue approximately 300 feet south of 8th Street. The conditions of approval for the expansion of the school are to install sidewalk, drive approach, street lights and to enter into a Real Property Improvement Contract and Lien Agreement for the future construction of one -half landscaped median island on Archibald Avenue. TO guarantee the installation of the off -site improvements, Willow School has submitted an agreement and a Time Certificate of Deposit in the amount of 56,500. In addition, the school has also entered into a Real Property Improvement Contract and Lien Agreement for the future installation of one -half of the median island, including land- scaping and irrigation on meter, adjacent to their property along Archibald Avenue. RECOMMENDATION It is recommended that the City Council adopt the attached resolution and accept the Time Certificate of Deposit, Improvement Agreement and authorize the Mayor and City Clerk to sign and accept the Lien Agreement on behalf of the City. RCsp�zcVullyy sub fitted, a LBH:Jvaa Attachments J6: RESOLUTION N0. 'D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,. ACCEPTING TIME CERTIFICATE OF DEPOSIT, IMPROVEMENT AGREEMENT AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM OWEN LOFTUS III. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agraement, Certificate of Deposit and a Real Property Improvement Contract and Lien Agreement executed on July 30, 1981 by Owen Loftus III as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at 8968 Archibald Avenue on the west side of Archibald Avenue approximately 300 feet south of 8th Street. WHEREAS, installation of one -half landscaped median island on Archibald Avenue established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Owen Loftus 111. WHEREAS, all of the requirements established as prerequisite to approval by the City Council of said City have now been met by • entry into an improvement agreement guaranteed by acceptable improvement security; 19 N041, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said improvement agreement, said improvement security and said Real Property Improvement Contract and Lien Agreement are hereby approved and the Mayor is hereby authorized to sign said agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and directs the City Clerk to record said Lien Agreement in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor n _, sf c silnl 8968 ARCHIBALD AVE. I a 1`i e I s Ih 1 r, �.Vi � xss.c urt I I .I .' I j I q Iq I � a tit�r� ITY 01_x:1 \CI 10 C.'C . %IONGA /,� EXCI\EEhI \G DIVISION �/ /� 7 \`� VICINITY NIAP �` 0 CITY OF MSCHO CIIC,t.MO ::GA IMPROVEMENT ACR fME:a FOR R9fi8 Archibald Avenue WAN ALL MEN By 111tSF. PRESENTS: That this agreement is Made and entered into, in conformance with the provisions of the Municipal Code and Regula- tions of the City of Rancho Cucamonga, State of California, a municipal c pe,uelon, hereinafter ecfecred to as the City, by and between said city and hereinafccr referred to as the Developer. NI71VESSEll1: MVT, NRERE.IS, pursuant to said Code, Developer has requested approval by the City of, R9fiA arc l6 +ld 4w ea a in accordance with the provisions of the report of the Co —city Develop+ent Director thereon. and any mnendments thereto; locatedwest side of dechibald Avenue, approximately 300 fee, swch of Bch Street. and, NNERF�CS, the City has established certain requirements to be net by %aid developer polar to granting the final approval of the development; and kREREeS, the execution of this agreement and Posting of improvement security as hereinafter cited, and ePPr wed by the City Attorney, are deemed to be equivalent . prior completion of said requiremenes far the purpose of actor lag • said approval; NOW, THEREFORE, it is hereby agread by and between the City and the Developer as follow: 1. The developer hereby agrees to construct at developer's expense all improvements described oa page 3 hereof within 9 h from the dace hereof. t. The term of this agreement shall be 9 mon[M1S conamencing oa the dace of execution hereof by the Cicv. This agreement shall be in default on the day following the lase day of the term stipulated, unless said term has been extended as hereinafter provided, 3. The Developer may request additional time In which to complete the provi- alone of this agreement, In writing net less than four weeks prior to the default dace, and including a statement of circumstances of necessity for additional time. in consideration of such request, the City reserves the right to review the prow lepers hereof, including construction standards, cost estimate, and sufiicieocy of the improvement security, and to requite adlusoments thereto when warranted by substantial changes therein. 4. If the Developer falls or reflects to empty with the provllials of this agmmenc, the City shall have thn right at any time to eouae said provl- sfanx no be completed by any lawful m and thereupon to r r fee., nd D,•velo,,, ardlur hie Surety the full cost and expense lncurred in so da,n,.. 5. F.n c coachmen[ pwrnfts shall be obtained by the pevelaper from the office of the City Eo,ia•we prier to start of env work within the public eldht ul w nd the Jove Lqa• :hall .enduI,t such work in full compl Omen with the r,R.I I urt.,invd there tn. Non -, mpl lance may revolt in stoppin; of the work by the City, auJ of in, penalties provlJvd, t. RlblIt ri.girt of way tmprn, —neat r+euired .I, Ill be c + +cructed in ,c,fen arc. witl, apprnm.l Inpr„vament plan Seunda,d Seri f ieat tons, new "bmAarJ :I pen nG., and . ;p•eial .v+ nd -,nt, thereto. Com,.tructie. ull in,lud, s n v rroo;it la m: nud;u, ntlmr inc W -1,11 work donned mete >sary fur Iralnafe or public ca L•t y. RCC12A / V q Page . 9 LNROYCHLST AGM:INT 1. VulIN too, 1,11.in a,U11., etreevl shnil be dlligmnly Pursued to comple- ilon: rho City stall ivve the righ, to rumpictc annov and all work in the event Of ! r motif iaJ &clay in cru,lu,ion. and to r all rest and eaFnnse incurred from the Developer and /.r his contractor by any Iav(Ul means. A. Vol Cev.lopef Shull be responsible for repincemgn0, relocation, or c- ml of any cluclner, of any irrigation water system i .amflict l with the Iluired work to the satin❑ction of the City Engin.er and the wane, of the water system. 9. The Ocvrlrper shall be responsible for re,il of all lo.su ruck and other d.hris from eho public [i,o, of way r e soloing from work done oa the adja- cent property er within said right of way. 10. The De vp lope, sbolt plant ai uintain parkway trees as directed by the Cam-unity Development Dirocmr. i1. Till 1' vnvexnt security to be furnisLed by the R•vc lnpe.c to Sunranoee inmplelum of for teems of this .,,cement x1.11 be sUhjcct In the approval of the City Altor!my. TLC principal ar,.urt of said improvement security shalt be not less than the amount shown below: fI1TR0VE)ZNT SECURITY SUB:IITTEO: Fa"lifni Performance Bond $6,500 TYPE SUGEI`Y /AGENT PRINCIPAL MOUNI Haterial and tabor Bond 53,250 . IN VIT:T Sfi HEREOF, the r let here,[. lave [nosed tl!ese presents to be July 1,l anA ar ,. 1t1, n)) f alines required by law on the date, le[ L.Yth app ,it w F,• [ .cl,r�[u fj A BY: BY: _ DATE: 417:: E.S: �,a (/' DATE: 3� CITY OF RANCH ,.C:UIJ'a:A, CAL1S0'651A a men. rat ........tine e:': . 1L1Yne fn't Of t3{Il4ttm, .... ............. C \r Mlorz me !0< ea•rs(ntaY YYnr OoP.t �n a'd Itr tad Sd!t C9W,aYY aDJUrld I. c.i • 0 Ci7l, OF RA:100 %%'D E:XROAC:z-I-:;e Fri. SCRED'M (At I xb 1. " lnx,uc LI, - r, Copy') DATE: 7/26151 PIDMIT NO. COXPUTED BY File Ref"'Ocu willce i City Drauiag NO.3 NOTE: Does net include current fee for writin- pereit or pavement replaze- .ont dc,,.xce. CONSTRUCTIOC, COST ESTIXATE TTEM WiNTTV 1927 I t'lrT ICS7 i A O—T L. 1. A.1, u,1- -In- 4" P.C.C. S. F. 1.75 2,226 I" S.F. I SO n seller =C% . 111111.d 1, hlnk—nl C.S. - 1-- �X. (1.", 1100 G:; M:; t. A. C. 19: >i1 to I It') t.rs I : \. f, VII t, On zr.r,,) I TO': I—A— Sol It p 7 pv A.C. (1r.n1,l +' I C hl,k A.C. 1,1i I - s Ad .1, c-I � 11. .. • +d+ Ad �:11 1-11 C.O. 1. Or.., AI t At I �11— to Bred, 1-11 T I ,Zq F nnD se=c e 1 1. fl 4 CMITIUMON COST CV:,TV:OFX() Cl`.M, 67� TOTAL CONSTRVCTNON COSTS 6,500 FA17P—A. PLRFOakI,0:CF. HX,11 (IMO'.) 6,500 FARM MM ATrll U. FOND (56.) 3.2511 n•;,: r;Er, 71,,.% FEE 325 (17C qIIHIII.El -f i Ll RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Post Office Box 807 Rancho Cucamonga, California 91770 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEME-NT THIS ACRE &MENT, made and entered into this 30 day of Jo N 1981, by and between Barbara Salyer and Simone T. Payne (hereinafter referred to as -Developer-) , and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal Corpo ration (hereinafter referred to as 'City "), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of one -half landscaped median island on Archibald Avenue adjacent to the property to be developed; and, WHEREAS, the Developer desires 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 enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have. a lien upon the real property hereinafter described as security for the Developer's performance and any repayment due City. NOW, THEREFORE, THE PARTIES AGRLE: 1. The Developer hereby agrees that they will install ono -half of the median island, including landscaping and irrigation on meco r, in accordance and compliance with all applicable ordinmces, resolutions, rules and regulations of the City in effect at the tine of the inc Ulla Cron. Said improvements shall be installed upon and along Archibald Avenue adjacent to Developer's property hereinafter • described. -7)1 • 2. The installation of said improvements shall be completed not later than one (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer fails or refuses to complete the installation of said improvements in a timely manner, City may at any Limo 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 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, County of San Bernardino, State of California, to -wit: • That portion of the East 1/2 of the North 1/2 of the North- Fast 1/4 of the Northeast 1/4 of Section 15, Township 1 South, Ba-.le 7 West, San Bernardino Base and Meridian, according to Cucamonga : ods, as per Plat recorded in B00% 4 of Maps, Page 9, Records of said County. (APN 209-171 -15) 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform ill of the acts and things by them to be done under this H), ,n this cor.voyancc shall be void; ocY. ^_,wise, it shall re ^ii r. in fell force ,,I ^ffrvt and in all respects shall be considered and treated Is a mortgacc on the real property and the rights and oblic.:tion;, of the parties with resooct thereto shall be governed by the provision, of the Civil Code of the state of California, and any other ii,plian!.Ie statuto, per Gaini nn to mn[tgnges on real property. 7. Thu; ,Agreement shall be bind vul upon and shall insure to rho bnnef,L of the heirs, rxecuGnrs, admini. ;tritorg, sucrescors and assigns of each of the parties nctato. • ,0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Release of Lien Agreement and Acceptance of Lien Agreement for Melvin B. Kornblatt located on Almond west of Hermosa Dr. Melvin B. Kornblatt has requested release of the Real Property Improvement Contract and Lien Agreement accepted by City Council on October 5, 1980 per Resolution No. 80 -96 for financing purposes. A Real Property Improvement Contract and Lien Agreement submitted by Dr. Kornblatt to replace the original is attached for City Council approval. Recommend that Council approve the attached resolutions directing the Mayor and City Clerk to sign the Lien Agreement on behalf of the City. Attachments RESOLUTION NO. ter)_ f'� • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DR. MELVIN B. KORNBLATT WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 80 -96 accepting a Real Property Improvement Contract and Lien Agreement from Dr. Melvin B. Kornblatt, and; WHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded in official records of San Bernardino County, California, on December 1, 1980, as document No. 80- 273071, and; WHEREAS, said Real Property Improvement Contract and Lien Agreement is no longer required; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, does hereby release said Real Property Improvement Contract and Lien Agreement and that City Clerk shall cause this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED. and ADOPTED this 19th day of August, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman; City Clerk 19 Phillip D. Schlosser, Mayor J F RESOLUTION NO_ ',5) % A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCE'TING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DR. MELVIN B. KOR4BLATT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. WHEREAS, the City Council of the City of Rancho Cucamonga, California, adopted Resoltuion No. 80 -38 of May 7, 1980, to establish requirements for landlocked parcels where no subdivision is occurring; and, WHEREAS, Parcel 1 of Parcel Map No. 3298 as per map recorded in Book 30 of Parcel Maps Page 79, records of the County of San Bernardino, State of California, is a landlocked parcel within the meaning of said Resolution No. 80 -38; and, WHEREAS, Dr. Melvin B. Kornblatt has provided the dedications required by Resoltuion No. 80 -38 and has executed a Real Property Improvement Contract and Lien Agreement with respect to the same, a copy of which Real Property Improvement Contract and Lien Agreement is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the • City of Rancho Cucamonga, California, does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign the same, and directs the City Clerk to record the same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ATTEST: Lauren fl. Wasserman, City Clerk 11 Phillip D. Schlosser, Mayor V RECORDU:G REQUESTED BY and WHEN RECORDED FAIL TO: CITY CLERF CITY OF RANCHO CUCAMONGA 9320 -C Base Line Road Post Office Box 907 Rancho Cucamonga, California 91730 ��7 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this 19th day of August, 1981, by and between Melvin B. Kornblatt (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City '), provides as follows: WHEREAS, 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 improvements, including curbs, • gutters and pavement, adjacent to the property to be developed; and, WHEREAS, the Developer desires 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 enters into this Aareement requiring the Developer to ^- c,,...,..,,. ,;aid i-pro'✓ec, -acs, at no ,.<pohie to the City, after denand to do so by the City, which said Aareement shall also provide that the City may eonutruct said impcpvaments if the Developer fails Or neglects to do so ana that the Cis, shall. have a li,in upon tha real property hul Oinaftcr descril'ed as saci,rity for the Ceveloprr's prrfarmanee ail any , ,r,t der City. V041, 7P7- :r1,RF, Till: PART ::::; TGnFII: 1. Th.: -111, 1 tl',at thin; xi!1 install o,.- SILO ctl�It. imnrovrmenl.s, Inelud,nq curbs• gutters and Vavenrht, in acre r.lo m:,, .md aomplia m ;r will! all iPPlnvably ordinance., rrs'olutions, rules Ind r,Ugl 0;,, Or I•, ('it.. I- It the tin_ of the inslallntio, ,^,aid n-p ; ,11 1..' Ili rt it l,.,, ul^n and aloe, the' :' :'tF m'1': onc- c ip halt (1•.`) o• tF,. ,....enti.on . +f ;,Iv+,::d r,,oa, td ;,C,t to G ^ :nl or pl'a per t•i I� :.i :n R ^r ,L. srriL•d. ��7 r-1 \J 2. The installation of said improvements shall be completed not later than one (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer fails or refuses 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. 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 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, County of San Bernardino, State of California, to -wit: • PARCEL A: Parcel 41 of Parcel Map 43298, as per map recorded in Book 30, Pages 79 and 80 of Parcel Maps in the Office of the County Recorder of said County. PARCEL B: A non - exclusive easement for road and utility purposes over and across the South 30 feat of Parcel Numb^_ts 1, 3, and 4 and over and across the vest 30 feet of Parcel ::umbers 1 and 2 Of Parcol Map 43298 as per map recorded in Book 30 Pogns 79 and 90 of Parcel Maps in the Offiro of tt'.r Country P -orde- of said County. Except thvrvfrO. any portion lying within Parcel A above. PAP ^B6 C: Anon- exclus >ve easement for read and utility purposes over and across the following described property: The Rar,t 30 feat of the best 220 font of the East 1100 fact of tho ;forth 495 foot of the `lorthwost one - quarter of • cectinn 23, Township 1 North, Range 7 West, 5nn Be rear'. i rm Merilian, according to the official plat thereof. 10 AT -r5-: I'N ILLS? D. tiC11LU5FifR City Clerk �-f 5. This conveyance is in trust, however, for the purposes described above. ' 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things by them to he done 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 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 real property. g. 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. S. To the extent required to give effect of this Agreement as a mortgage, the term "Developer' shall mean "mortgagor" and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages 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 Co recover from the Developer hereunder or to foreclose the right of the Developer to redeem the above- described property from 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. IN WITNESS WHCREOR, the parties hereto have executed this Agreement on the day and year first above written. CiT_1': DE.VELOMR: CITY CC it. ale 110 rVCANOHSA, CAU., 11RNIA, a municipal cnrporu rron 10 AT -r5-: I'N ILLS? D. tiC11LU5FifR City Clerk �-f 0 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Award of Carnelian Street Improvement On August 11, 1981 bids were received on the Carnelian Street Improvement Project. The low bidder was Sully - Miller Contracting Company at $232,555.90. The Engineer's Estimate for the project was $280.880.00. The Staff has analyzed the bids and finds whem correct and acceptable. The low bidder, Sully - Miller Contracting Company was 178 below the Engineer's Estimate. A summary of all bids is attached. RECOMMENDATION It is recommended that the Council award the contract to Sully - Miller Contracting Company at $232.555.90, authorize execution of the contract and the contract amount plus 108 for contingencies. R spectfully subm }tted, 'r , / LBE{: jaa Attachment f'lV� CITY CND CUCA14ONSA SUMARY ROPOSALS OPENED • PROJECT CARtiF..IId9 STNCFT IMPROMMEWS GATE _ Ave-r 11. 1981 LOCAL10% CONTRACT 140. rm nrr 80 -01 I ?tn5 1puJII IES SnI1,- M41ler BID A111011NT Mar3rb Corp. BID AI100NT Rlve [s {Jo Cnnst. B10 1J1UUtlT a C... tact. eti 010 AMOUNT^ Lalyd C.npsl. DID A.' UL� �____ BID .X.-nali Bel!, s ce,3 .__ _ 1Dr. lox toy to': m +. 1 f!o6ll Lar ton and Tr.lfft: [..nr rnt L.S. L.S. 4,500.00 L.S. 15,000.DO L.S. 30,000,00 L.S. L.S. 10,000,00 30,500.00 Clo.0 6 Grubbing L.S. L.S. 21,000.00 L.S. 11,500,00 L.S. 12,000.00 L.S. 10,000.OD L.S. 55,000,00 3 - ..cavatoa 2070 ;Y 4.75 9,832.50 10.D0 20,700.00 8.00 16,560.00 12.00 24,840.00 10.60 21,942.00 1np.11 Bnttov 900 'Y 5.25 4,125.00 16,00 14,400.00 4.00 1,600.00 6.00 5,400.00 6.00 5,403.00 5 .Adjust Mombole ELL 215,00 550.00 500.00 1,000.00 170.00 340.00 300.00 600.00 300.00 600.00 6 .4FA ro[.,[e B.- 1830 7.95 14,548.50 9.50 11,385.00 7.50 13,725.00 10.00 18,300.00 10.00 18,300.00 2 1 A.C. Pave , 1730 n 'F 28.50 49,020.00 22.00 46,440.00 32.00 55,040,00 26.00 44,720.00 40, DO 66,800.00 8 Cn[b and 1-1¢- _+376 6 -15 1 14.612.40 6.00 14,256,00 8.00 19,008.00 6.00 14,256,00 7.00 16.612.00 9 Sleioalk u' -6' 1580 SF 145 2,133.00 1.30 2,054.00 2.80 4,424.00 1.50 2,320,00 1.40 2,212.00 .0 Sld<v IR W4' 2240 NSF 1.40 3,135.00 1.30 2,912.00 3.00 6,220.0D 1.50 3,360.00 1.40 3,316.00 t 18" Gunlre 258 LF 6.00 1,548.00 9,00 2,322.00 6.00 1,548,00 20.00 5,160.00 16.00 4,225.00 2 I 1'nder Sldewt'a Oral. 18 LF 60.00 1,440.00 150.00 2,2W.00 20.00 1,260.00 125.00 2,750.00 100,OD 1,800.00 3 L:-,l Depression 1 1 )CA 260.00 260.00 300.W 300.0 250.00 250.00 450.00 450.00 340.00 340.00 rrb Ca Basin ? EA 1650,00 3,30C.00 3000,OD 6,000.00 2000.00 4,00D.00 170.00 3,400.00 100.00 2,26.00 5 18" RCP 0ra1. ]8 45.00 3,510.00 53.00 4,134,00 30.00 2,340,OD 40,00 3,120,00 52.W 4,056.00 6 6" Or.,ln Plpe 1�1LF L40 (6F 9.40 1,316.00 6.W 840,00 5.00 23D,3D 15,DO 2,100,00 9.00 1,260.00 % X- Hurst 3 Spandrel 1086 SF 2.95 3,203.20 3.50 3,800.00 3.75 4,022.50 4.00 4,344.00 3.60 3,909.60 8 RcoLLnL q '.'all 270 SF 13.25 10,587.50 12.00 9,240.0D 10.00 1,26.6 12.00 9,140.00 9.00 6,930.00 9 Son Recaln:nA 4.11 52 LF 34.15 2,035.80 50.00 2,60.0 4D.0 2,080.00 4D,00 2,OBO.00 6D.OD 3,121,6 �J CITY CNO CDCAIiONGA SUMYARYOPOSN.S OPENED PROJECT CARNELf AN STREET 1MPROVPHENTS LO CAT ION F.,r 511,1[ from Vin-Ild [n 25011' Votlh • PA80 2 DATE August 111 1981 CONTRACT Y0. "21"80-01 ITQ:S QUANTITIES DIO M1MOWlT BID AMOUNT BID NIO@IT DID AMO @IT U10 AMINT B10 NUu:a Ii nL:r r'S I:anJ 5,]5].00 18.00 D 51454.00 20.00 6,060.00 20.00 6,060.00 __ 9.00 2,727.00 20 6' eC-1- Fence 3111 3111 LF 19.00 or dllern.,[e Yu. 1 21 1.,rd R-1 30 LF 55.00 1.650.00 60.00 1, Boo. 00 55.00 1,650.00 55.00 1.650.00 52.00 1,560.00 22 Chain Link Fence '? Brldge L.S. L.S. 4, Wo.W L.S. 5,000.00 L.S. 4,000.00 L.S. 4,400.00 L.S. 5,000.00 23 6" PFC Slr,e 200 LF 9.40 1,880.00 6.00 1,200.00 2.00 400.00 8.00 1.600.00 10.00 2,000.00 SOB TOTAL A STREET 111PR04'E50iNT5 1165,345.40 191,038.00 197.677.50 200,200.00 249,052.66 B. Brid;,e eo,ra rua ion L.S. 63,423.00 59,350.00 ]],00040 ]5,]05.00 88,000.00 5[rua unLL 51,13 lb. 2.90 2.72 2.00 2.25 1.25 b.I RGn. Can,rete Foundation YD 207.00 192.OD 200.00 480.00 247.00 c. Cancrele ':all, TD 244.00 235.00 600.00 480.00 400.00 d.i Cnncrel, Slab YD 236.00 22D.00 300.00 150.00 447.00 Abutments YD 354-OD 325.OD 400.00 480.00 325.00 f.lConcrete Decking IYO 414.OD 390.00 500.00 480.OD 672.00 Canoe.c Barrier YD 765.00 725.00 600.00 480.00 251A0 h. Shear Scuds EA 3.54 3.OD 5.00 4.00 10.00 1. Wing Walls YD 295.00 250.00 300.00 480.00 336.00 C. Alternate Bid 6' Black Wall 303 L" 31.50 9,544.50 35,00 10,60S.Oo 31.SO 9,S44.50 34.00 10,302.00 21M I 6,363.00 Con[rmr Bid Price vi1h 228,268.40 250,388.00 224,4]].50 225,908.OD ]3],052.60 Cedar Fence Cmtract Bid Price virh 232,555.90 255,539.00 2)].962.00 28D.150.00 340,688.60 Alternate Block Wall 1 1 a.' CLAIM FOR DAMAGES TO PERSON OR PROPERTY aR161R0NL FOR his INSTRUCTIONS 1, Claims for death. Injury to person or to personal properly must be filed not later than 100 days after the occurrence. (Gov. Code See. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occu'ruer. (Gov. Code Sec. 911.2) 2, Read entire claim before filing. e. See page 2 (or diagram upon Which to locate place of accident. 5, This claim form most be signed on page 2 at bottom. 6. Attach separate sheets. if necessary, to give full details. SIGN EACH SHEET. 7, Claim must be filed with City Clerk. (Gov. Code Sec. 915a) TO: CITY OF RANCHO CUCAMONGA Name of Claimant RESERVE FOR FILING STAMP CLAIM No. ...._.�_..__..__.._, �cLeQ `6"7-3557 rr cgtu 3' 3 1:_ ` .S C ^ . V 7 J /. Y GF ?ANChO GIIII �[AQMA ACA §(:r l °TneiTlOi`I PIN 3 1 9 110 1 11(12111213141516 Age of Claimanti(if natural person) Business Address of Claimant n City and Stale I Business Telephone Number rlTn s^ A'F =t�fr fJrrl� IVirj CiM �.t<:,ret'.�L.i C /)•Yn: Give address to which you desire notices or communications to be sent regarding this claim: G' _7F.5 k1l J ",40 . AL', -)) - c`It7A CH G7 /7: I Haw did DAMAGE or rNJURY occur? Give full particulars. c_LAN&aAR : LC &a srcfPrb O�tR�aD 5M -i'LT 5..%Et'i'tTL Awr♦tT')Ia0 /} ls,� UG11r Ar Trfl 5-La:rrL IAiTL•i'L.f`t7lew• 5r1*•eer 5..: cLq`ca- 6ACV,JAt_'0 IN TC c_e.n rmnNTS Vcirt [.��: or INJURY occur? (live full particulars, date, time JjokLY 14, 1991 Ao.zcx T,15 AM Where did DA\TAGE or INJURY occur? ]Describe fully, and locate on diagram an reverse side of this sheet, where appropriate, girt street names and address and measurements from landmarks: Cn2.JC-L„A+J 5— Ard IN IL:Ttf What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: -KC FA IL.. rte- crf= rntl" p9-IVy11- of Snteer S.V�t'PtrN 7+If P�RT/t+yJ '< ANC ;rltcbT $.vttl'eit F Rr .n (=. L.i 1 ti C. (Zi:T,LC.,MU, t+ t11 L4f A r A rP,L SAC r.: At What UA:.IAl1E or j \JUItIF :S do you claim resulted'. Cave full eYlent of injuries or damages claimed; fun ?F tz'.,aLvl. ItJ .a:cp_y Fr:,r•r OF- C IA�MANrj- b'trn I(L.' AdsN Atsn : Pittrvli tai- i)b1 -1 hI7) ON ri cb i Ncol' cu'r'l �1 DaYrnnf.dD , G..Iwt'aY rscr+...nasb Jitr -rK6e,,s r What A!.101::(T Jn You claim .m account of cacti (:cm of injury or damage as of date of presentation of this claim, givmg basis o computation: . 7: , 1 -1 , 111 . \.`d Ui;.'I n :peouve injury or damage, giving basis o 0 — scr. f ao r. _lot r.Rt TIIIS CLAIM MUST FI£ SIGNED O\ REVERSE SID! Insurance payments received, it any, and names of Insurance Company: , i` Expenditures made on account of accident or injury: (Dale — Item) (Amount, Name and address of Witnesses. Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North. East, South, and West; indicate place of accident by "X" and by showing house numbers of distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A -1" and location of yourself or your vehicle at the time of the accident by "B -I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS SIDEWALK CUREIr CUR PARKWAY 7 SIDEWALK f ]I,, FOR AUTOMOBILE. ACCIDENTS If ren Sr Ctin )it �w G) y i Swnalure of Clmmmu or person Citing on hu behalf ,pang I Typed Name: I Date relatmnvNp to Claimant %) NOTE: Presentation of a false claim is a felony (Cal. Pen. Code sec. 77). CLAI7IS tfUST BE FILED 11ITIF ,CITY CLERK (GOV. CODE SEC. 9I5a). 'J' (FORD uixUS MOTORS ONIARIO, INC. 1741966 6644 835 Wesl Holt Boulevard • ONTARIO. CALIFORNIA 91761 [....E - .ODfiL p [OO. SALE LiCEPS[ sPm _Df �sPaasz a monf xr y CODf t u.oP m .DDPass cn. OWP[P [....E - .ODfiL p [OO. SALE LiCEPS[ sPm _Df �sPaasz a monf xr y CODf t u.oP m S 1 s s v 10 11 12 ES y� 1R 19 RD RI — — ]] RD 9e RS OPEN ITEMS TOTALS L ' %1 .I a.. Pnels PNNT �INIF If;_ I Wt' tn* TOTALS INSURANCE DEDUCTIBLE Of CLAIM MU 51 6: LAID p „ UPON DELIVERY OP CAR, CAUEORNIA IN'UAN<F _. CODE FORBIDS II CHARGED ON ACCOUNT. TOTAL S �4� TRAFFIC COLLISION REPORT t ..7 ��. . .. ..2 ii -11 ❑, S NTr: I) I 93 ,..... 51 t4LoL687-g3 e :29 c A, F - 1851 . G.. n��p.,...o ... _..� .... ........ p.,_. .. AILL.1Lj f� Wk HAIR .,..,...,., A r �ucAm o..�2. ....vr._,.,_.. �a .. ........ �. _...,,..., 6w E T E e •„ e 0 tCA"C"tI a A:'cLINE c i 'c",1 1 p.. - 1 L. 7 — 14- GOLL1510n n/.nn.TIVC _ 81 1o7i s 136! 6_ _Igoo4s 11104 177 -11 1 Z I ,} - - S- sue- - 5 tM C. —All- ✓/� _I ..n( _1 to /..1 A.1 % /� }f 1A.%= n, K.«CI ,_: 4a n . c..ve .. -• <.. ear�r �--�- a - - - -. ... �.... ..� ..... IL Z4.5-4 .. ...... LL2 itl •� •HR1'- >•1Rir1`[_.1 f: CACtIr-u N. - w w krrlhl&z ,} - - S- sue- - 5 tM w A - JZ,6,4i PWO nrJL4 W A D Z - -2 w o ui cK. P -? v� srooPrn g- tine? —P I z - o. - .4^ S��p SNF SA" '7k4T i1-1 Up qc- 5Aw +C mac, _ - ' - C. '1ST c 2 u .— 1,I..I.o. I .;1.c..e. e ;. 0 0 0 ....... .. .... ...... a u If In °• ea [ . I r L. . < II 4a n . c..ve .. -• <.. ear�r �--�- a - - - -. ... �.... ..� ..... IL Z4.5-4 .. ...... LL2 itl •� •HR1'- >•1Rir1`[_.1 f: ,..- �, •,; a y uvr," CLAIM AGAINST CITY OF RANCHO CUCA,NONGA ° '! CITY, ?atFAPJCNh CUF:p!.Ory'Cy1 a'1M I'dl$7Rr,ihY Dated: Jav 22, 1981 JUL 07 1WA) To: Lauren P!asserman, City Clerk X81 1`IxIHI City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, CA 91730 Randy R. Stephens and Ronnie L. Stephens hereby made claim against the City of Rancho Cucamonga pursuant to the provisions of Government Code Sections 905 and 910 in the amount of $515,000.00 and make the following statements in support of this claim: 1. Claimants' post Office address is 5267 London Avenue, Alta Loma, California 91701. 2. Notices concerning this claim should be sent to Jones, Van Stockum F Tibbals, 404 North Second Avenue, P.O. Box 638, Upland, California 91786. 3. The date and place of the occurrences giving rise to this claim is April 20, 1981 at Alta Loma, in the City of Rancho Cucamonga, California. 4. The circumstances giving rise to this claim are as follows: !a) From the above date, claimants learned by letter signed by Paul A. Rougeau, for Lloyd B. Hubbs, Engineer for the City of Rancho Cucamonga, that the storm drain providing drainage for virtually all the property in Tract 9590 in the City of Rancho Cucamonga, was not under public ownership and requires extensive rep -sirs before the City would accept a dedication of this facility although claimants were led to believe prior to purchasing their property that this was a public facility. Unless and until such repairs are made to this facility, claimants arc in danger of potential liability to downhill property owners from erosion or other damage caused by drainage as well as potential health and other difficulties because_ of the damage to tho drain. Claimants have inquired of licensed engineers as to the nature and extent of 'epnirs necessary and have learned that the approximate co;l, would be $500,()00.00. Until the forma letter from the City referred to above on Anril 20, 192,1, claimants were rot aware of the full consequences of (� the failure of the City o,' Rancho Cucamonga to accept the storm drain across the claimants' property as a public facility. Claimants are sui furin(l to Llt.:t the City of :2anc;ho Cucamonc;o allowed occupancy of the house at 5267 London Avenue, Alta Loma, California, occupied by claimants. moreover, the City of Rancho Cucamonga has caused claimants to re suffer gross and wanton violations of the Uniform Building Code in the home including, but not limited to, over spanning of floor joists, improperly vented fireplaces, and other major structural defects that will, according to a licensed general contractor, cost $15,000.00 to repair. The nature and extent of the repairs necessary to bring the home at 5267 London Avenue, Alta Loma, California, into compliance with the provisions of the Uniform Building Code were discovered after discussions with a licensed contractor subsequent to April 20, 1981. Furthermore, claimants have diligently pursued relief from the various departments of the City of Rancho Cucamonga that have discovered many irregularities and improprieties including, but not limited to, anunexplained gap in the records of the City Building Department concerning improvements and improvals of the claimants' home at 5267 London Avenue, Alta Loma, California. 5. As a direct and proximate cause of the acts of the City of Rancho Cucamonga through its employees, claimants have suffered damages from these acts that were in direct contravention of the provisions of established city policy and the Uniform Building Code that were enacted for the specific avoidance of the conditions set forth herein. Claimants will be constrained to hire professional engineers and contractors to make their home suitable for habitation and to relieve them of the serious exposure to litigation. To date, the estimated costs of these repairs and services is $515,000.00. Should other inadequacies in the structure at 5267 London Avenue, Alta Loma, California, or in the storm drain on their property being covered, claimants will amend this claim. 6. The damage occurring to claimants is continuing until such time as all repairs can be made to the property identified herein. DATED: July 22, 1981. JONES, VAN STOCKUM, 6 TIBBALS A Professional Law Corporation Tracy Lowman Tibbals, Attorneys for Claimants I ib -2- ' �I 0 L] t J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City Council and City Mana r FROM: Lloyd Hubbs, City Engineekw' SUBJECT: Consent Claendar, Release of Bonds Tract 9423 - located on the West side of Beryl South of Base Line OWNER: Coral Investment Inc. 540 S. Pasadena Avenue Glendora, California 91740 Labor and Material Bond $137,500.00 Six months has passed since the release of the Faithful Performance Bond and it is recommended that the City Council authorize release of the Labor and Material Bond. Tract 9583 - located east of Haven Avenue at Hillside OWNER: The Deer Creek Co. P. 0. Box 488 Alta Loma, California 91701 Accept Maintenance Bond $ 22,000.00 Release Faithful Performance Bond oad F $440,000.00 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the Road Maintenance Bond, release the Faithful Performance Bond and authorize the City Engineer to file a Notice of Completion. LBH:bc RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA Post office Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA Post Office Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest Or estate is: Street Improvements for Tract 9423 • 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320 -C Baseline Road, Post Office Be. 807, Rancho Cucamonga, California 91730. 3. On the 19th day of August 1981, there was com- pleted on the hereinafter described real property the work of im- provement set forth in the contract documents for Street Improvements for Tract 9423 4. The name of the original contractor for the work of 5m- provement as a whole was The Deer Creek Company 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Tract 9423 The street address of said property is: N/A DATED: , 19 . CITY OF RIdICHO COCAMONGA, a munrcinal corporatson, Owncr BY: (Tit ITi I c h// MEAL WHIS r and 1m association MEAD OFFICE. 315 EASY 101ORA00 aLVo . PASADENA. CALIF 91109 PHONE 449.3345 OR 684.15OD January 15, 1980 City of Rancho Cucamonga P. 0. Box 793 Rancho Cucamonga, California 91730 Re: Offsite Improvements - Residential Subdivision Tract No 9423 ` Material and Labor Payment Gentlemen: This will serve as notice and agreement that Mutual Savings and Loan Association, a financial institution subject to regulation by the State and Federal Govern- ment, holds in a fund the necessary amount of $137,500.00, pledging these funds to the City of Rancho Cucamonga for the payment of labor and materials for off - site improvements on a subdivision of Coral Investment, Inc., known as Tract No. 9423, County of San Bernardino, State of California, according to that certain Improvement Agreement dated January 15, 1980 between the City of Rancho Cucamonga and the owners as above stated. The $137,500.00 will be disbursed according to the direction and only upon the authorization and direction of a duly authorized representative of the City of Rancho Cucamonga. Said fund to be disbursed after Mutual Savings and Loan Asso- • ciation has satisfied itself that the work to be paid for has actually been per- formed; however, in the event that the City determines that the owner has failed to complete and /or pay for the subdivision offsite improvements as required by the City of Rancho Cucamonga, the above sum shall be immediately available to the City of Rancho Cucamonga to complete and /or pay for the cost of said improvements, This agreement shall expire upon the disbursement to the City of Rancho Cucamonga or six (6) months after the acceptance of the City of that portion of the above - mentioned work secured by this agreement provided no stop notices or other action has been taken in pursuance to the law made and provided by persons supplying labor and materials to the work of improvement above - described. , This agreement approved: Cora /llIIgestment, Inc. ACCEPTED: i Your` sy vvvery tru P. E. Lynn Senior Vice President Approved as to form: City Attorney • r • I nPry nv U A UrT-10 PITC. A MONWIA _,,rA&,,. STAFF REPORT DATE: August 19, 1961 V�O TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development Vol V�O �eF �! Z 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -12 TT 11663 - Marlborough Development Corporation - A request for change of zone from R -2 (two family residential) to R- 2 -P.D. (two family residential - planned development) for a total development of 413 townhouses on 40 acres located on the east side of Archibald, on the south side of Church, west side of Ramona - APN 1077- 341 -01, 1077- 133 -08, and 1077- 631 -03. BACKGROUND: At the July 14, 1981 meeting of the City Council, the second reading of an ordinance rezoning this property from R -2 to R- 2 -P.D. was set over the meeting of August 19 in order that a meeting be arranged between Marlborough Development Corporation and concerned homeowners. Said meeting was organized for Tuesday, August 4, 1961 at the Lion's Park Community Center and was well attended by concerned residents. The concerns of the residents were voiced to Marlborough which was represented by Mr. Paul Byrnes, project engineer. Primarily issues of concern were: 1. Schools 2. Traffic 3. Density of the project Mr. Byrnes explained the project and reasons why the design was done in the manner proposed. There was considerable discussion on the school situation and how the Growth Management Plan, the timing of the school letter, the item of Leroy /Greene applications to the State and school fees interrelated in assuring that school districts will not be impacted, and that continued fund - inn can be received by school districts for new facilities over tine. As for traffic, residents were concerned about the possibility of additional traffic along Ramona. The desire was for more of a focus from Archibald. Signaliza- tion on Archibald was also discussed. As for density, the residents feel that 10.3 units per acre was to great. Although there was not any discussion of a compromise in density by either residents or Marlborough, staff perception was that there was a very strong desire by residents for a less intense character along the Ramona street boundary of the project so that there is a greater transition between single family residences and the project boundary. Staff has advised the residents that they carefully consider various aspects of the project and formulate specific concerns in the manner in which the Council STAFF REPORT August 19, 1981 Page 2 can review them. As a reminder, the City Council is considering not the site plan for the project, but rezoning of land. The Planning Commission has already considered both the subdivision and the site approval. The following are the various alternatives the Council has for the entire proposal: 1. The City Council may approve the second reading of the ordinance thereby approving the entire project; 2. The City Council can elect not to approve the second reading of the ordinance thereby denying the project; 3. The City Council can postpone the second reading if it desires modification to the project, in which case, the Council can request the Planning Commission to reconsider whatever aspect of the project it wishes to reconsider or request the applicant to wil`ingly make modifications in the manner the City Council desires. Attached please find the exhibits from the priur meeting. There are no new exhibits. Respectfully bmittedd, JACK JLIAJYt� ,,/ Director of Community Development JL:kp Attachments l 0 ORDINANCE NO. 1 J5'— • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077 - 341 -01, 1077- 133 -08, AND 1077 - 631 -03, GENERALLY LOCATED ON THE EAST SIDE OF ARCHIBALD, SOUTH SIDE OF CHURCH AND ON THE WEST SIDE OF RAMONA, CONSISTING OF APPROXIMATELY 40 ACRES, FROM R -2 TO R- 2 -P.D. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION l: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. • C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2. The following described real property is hereby rezoned in the manne, stated, and the zoning map is hereby amended accordingly. 1077 - 341 -01, 1077- 133 -08, and 1077- 631 -03, generally located on the east side of Archibald, south side of Church and on the west side of Ramona, consisting of approximately 40 acres, from R -2 to R- 2 -P.D. SECTION 3: 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. PASSED, APPROVED, and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ,z`,i C� • CITY OF RANCHO CUCAMONGA STAFF REPORT ('rO GVCAM(�C'. a C _ r LLi Qi Q U!'. > DATE: August 19, 1981 T0: City Manager and City Council FROM: Jack Lam, Director of Community Development BY: Tim J. Beedle, Senior Planner SUBJECT: CONSIDERATION FOR ADOPTION OF THE DRAFT INDUSTRIAL SPECIFIC PLAN AND CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT ABSTRACT: The City Council will consider recommendations on adoption of the Industrial Specific Plan as revised by the Planning Commission and certification of the Environmental Impact Report, BACKGROUND: Earlier this month, the Planning Commission adopted the IIraf— dustrial Specific Plan with revisions and recommended cer- tification of the Draft Environmental impact Report. Copies of both the Draft Plan and Draft EIR were forwarded to the City Council August S. Accompanying this material were previous Staff Reports to the Planning Commission, Planning Commission minutes, and a Staff Report to the City Council outlining the changes which the Planning Commission made on the Draft Industrial Specific Plan. Attached to this report is a Resolution approving the Industrial Specific Plan and certifying the Environmental Impact Report as complete, should the City Council wish to approve the Plan. RECOMMENDATION: Upon completion of review of the Draft Industrial Specific P an and Draft Environmental Impact Report, it is recommended that the City Council adopt the attached Resolution approving the In- dustrial Specific Plan and certifying the Draft Environmental Impact Report as adequate and complete. Respectfully 's mi tted, JACK. LAM, Director of Community Development JL:TJB: it flt Attachments PLEASE PE "E "HR TO `� `v= 1977 RESOLUTION NO. S i - + % A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING A SPECIFIC PLAN FOR THE INDUSTRIAL AREA. WHEREAS, it is the desire of the City to encourage an orderly and planned system of growth throughout the industrial area of the City, and WHEREAS, A Specific Plan for the industrial area would provide for such a system of growth, and WHEREAS, planning laws of the State of California provide for the City's adoption of a Specific Plan which sets forth land uses and standards for development, and WHEREAS, the California Environmental Quality Act (CEQA) of 1970, as amended, potential mitigation measures, and possible alternatives that might be caused or found necessary by the adoption of the Specific Plan, and WHEREAS, both the City of Rancho Cucamonga Planning Commission and City Council held duly advertised public hearings to solicit public review and comment on the Draft Industrial Specific Plan and Environmental Impact Report in accordance with Government Code Section 65500, and WHEREAS, full consideration has been given to each comment or request made concerning the Draft Industrial Specific Plan and Environmental Impact Report, and WHEREAS, all items have been accomplished in accordance with the State Law of California regarding adoption of the Specific Plan and certification of an Environmental Impact Report, NOH THEREFORE BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga certifies that the Environmental Impact Report pre;:ared for the Industrial Specific Plan as being an adequate review of the potential significant environmental impacts including potential mitigation measures and all alternatives where necessary, and BE IT FURTHER RESOLVEO, that the City Council of the City of Rancho Gira,)onua adopt,, for the industrial area is shoom in Exhibit "A" tii^ �i°ir. Plan as pr"ired by the City Staff and revised by the Planning Commission. PASSED, APPROVED and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: 6'% IPIDUSTRIAL SPECIFIC PLAM BOUNDARY EX141BIT A I i I � /y y�� LL�1_ I�h Y �r !I 0 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: August 19, 1981 TO: City Manager and City Council FROM: Jack Lam, Director of Community Development BY: Tim J. Beedle, Senior Planner SUBJECT: COMMENTS AND RESPONSE ON DRAFT EIR TO THE INDUSTRIAL SPECIFIC PLAN Attached are the comments and resoonses received on the Draft Environ- mental Impact Report. This material, along with any other written or oral comments and responses, will supplement the Environmental Impact Report. 0 TJB: jr Attachments 19 ^i CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: August 19, 1981 TO: City Manager and City Council FROM: Jack Lam, Director of Community Development BY: Tim J. Beedle, Senior Planner SUBJECT: RESPONSE TO COMMENTS BY THE AIR RESOURCES BOARD ON THE DRAFT INDUSTRIAL SPECIFIC PLAN Item 1 Staff has contacted the South Coast Air Quality Management District and has received most recent tabulation of the air quality standards for the air monitoring stations in both Fontana and Upland. These readings are attached and will be incorporated into the Draft Environ- mental Ir.,pact Report. Item 2 Area analysis of air quality impacts at the level of the Industrial Specific Plan is very general and could vary significantly dependent upon the specific type of industrial operations which ultimately reside within the industrial area; however, to provide for a worse case analysis, Staff has computed the annual emission rates at full buildout for both stationary and mobile source emittors. This information is attached and will be inserted into the text of the Draft Environmental Impact Report. The results of the analysis indicate a significant increase in the emissions in this area due to development within the industrial area; however, current air quality in the area already is significantly im- pacted through many source activities outside Rancho Cucamonga. The level of pollution activity from the industrial area is unlikely to significantly impact on the existing air quality. In order, however, to address the City's desire for improved air quality, the City has adopted. fhrnugh the Ceneral Plan, nolicies to encouraae energy conser- vation and to implerent the Air Quality Management Plan. These policies are as follows and will be incorporated into the Industrial Specific Plan: AIR QUALITY Major street improvements throughout the industrial area to provide for smooth flowing traffic. w' G • Responses to Air Resources Board . City Council Agenda August 19, 1981 AIR DUALITY (Contd.) 2. Promotion of local and regional transit systems including the pro- posed commuter rail service along ATRSF track, the proposed HOV express along San Bernardino Freeway, and shuttle buses providing access to Ontario International Airport. 3. Develop an extensive network of pedestrian and bicycle paths within the area. 4. Development of a transportation management plan to be implemented on a basis according to activity within the industrial area. 5. Arrangment of land uses to encourage future use of transit systems. 6. Restrict location of new major pollution sources. 7. Assure compliance with the South Coast Air Quality Management Plan. ENERGY POLICY • 1. Develop an energy conservation program which: a. Encouraaes cogeneration and use of waste, process heat for domestic space and water heating, and b. develops design criteria for both active and passive solar appli- cation. 2. Encourage programs for resource recovery and recycling. 3. Develop, housing programs which Provide for adequate housina oppor- tunities for locally employed thus discouraging large scale commuting. Item 3_ Mieroseale. modeling for CO emissions causing "hot soots" will be done during the. environmental review of major projects within the industrial area. 19 JL:TJB:,ir 0 �t.ttc of Ctfifornia GOVERNOR'S OFFICE OFFICE OF PLANNING AND RESEARCH 14M TENTH STREET SACRAMENTO 95514 Eouury �G6 B.." J., Mr. Tim J. Beedle Sr. Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 CJ. 9 r •• ?7 9 q P+ IYiG7`)7�• 61 t July 22, 1981 SUBJECT: SCH4 80060402 - INDUSTRIAL AREA SPECIFIC PLAN Dear Mr. Beadle: The enclosed corments were prepared by the follcwing state depar =ents regarding your pro'ect: Air Resources Board These cerments were not included in the package you received dated July 17, 1981 certifying state review of your draft environmental document. To ensure compliance with the intent of the California Environ- mental Quality Act you should attenpt to incorperate these additional comments into the preparation of your °iaal environ- mental document. S'r'i,' t r attac::ment cc: Ken Fellows, DI-m Sinca_e1_i, dy_ephen h•:I114am50n State l-ar.nc:ncuse l � • n U State of California Atlemor and urn 1) Jim Burns, Project Coordinator Resources Agency 2) Tin J. Beedle, Senior Planner City of Rancho Cucamonga P.D. Box 307 Rancho Cucamonga, CA 91730 From : Air Resources Board 1 Date . July 7, 1981 S-ci- d-Rancho Cucamonga Industrial Area Plan and Draft Environmental Impact Report SCR No. 80060402 We have rev'.ewed the Rancho Cucamonga Industrial Area Plan Draft Environmental Impact Report (DEIR). This project is a specific plan for the development of sore 5000 acres for primarily industrial uses. The City of Rancho Cucamonga is located in the southwest corner of San Bernardino County. The County is in the South Coast Air Basin which experiences the worst air pollution problem in the state. Considering the size and scope of the intended development, we find the air quality section of the DEIR to be deficient in several respects: �•- The summary of air quality data (p. VI- 84,85) contains data only for 1977. One year of data is not suf`icient to determine air quality trends or even be representative of air quality in the • area. For example, the 1977 data indicate the Fontana air monitoring station did not exceed the CO 8 -hour standard, but 1978 and 1979 data indicate the standard was exceeded 'both years. Data more recent than 1977 can be obtained from the ARS, Technical Services Division, P.O. Box 2815, Sacramento, CA 95812. :2,- The discussion of impacts (p. VI -87) acknowledges that the Industrial Area Plan would result in increased air pollutant emissions, but no attempt has been made to quantify them. This project will result in substantial stationary and mobile source emissions. We acknowl- edge that future specific uses cannot yet be identified but this should not preclude making a worst case or likely case estimate of emissions resulting from a buildout of the project. Only when this is done and weighed against regional emissions can the impact of the project be fully assessed. �j•- Tne discussion of impacts (p. VI -87) also states that Projected traffic volumes on some of the streets located in and around the project area .ill have a potential for causing CO "hot spots." We suggest that CO microscale modeling be done to verify and determine the extent of the problem (intersections identified in the traffic /transportaticn section of the DEIR as having volume to capacity ratios of 1 or greater should be candidates for modeling). Should the modeling verify the existence of the problem, than additional mitigation measures beyond those identified in the plan should be developed. i Mr. Burns Mr. Beedle -2- July 7, 1981 • If you have any further questions, please contact Harry Ng of my staff at (916) 323 -8409. Gary Agid,�Chief Local Project Support Branch cc: J. Stuart, SCAQMD M. Pisano, SCAG • • PROJECTED MOVING VEHICULAR EMISSIONS PER DAY • AT FULL BIIILDOUT OF INDUSTRIAL AREA Pounds CO 102 S02 TSP 2.495 Million Vehicular Miles @30 MPH 92,000 lb. 10,000 lbs. 1,000 lbs. 17,000 lbs. Rates of emisssions as set forth in "Air Quality Handbook ", Oct. 1980, SCAQMD PROJECTED ANNUAL EMISSIONS DUE TO CONSUMPTION OF NATURAL r.AS AT FULL BIIILDOUT OF INDUSTRIAL AREA (Pounds) HYDPO- CO NO' 2 S09 TSP CARBON Industrial Park 663 Mil. Cu. FT. • 13,000 80,000 100 5,000 Warehousing 450 Mil. Cu. Ft. 9,000 54,000 - 67 4,000 Light & Ved. Industrial 594 Mil. Cu. Ft. 12,000 71,000 - 90 5,000 Heavy Industrial 264 Mil. Cu. Ft. 5,000 31,000 - 40 2,000 TOTAL 1971 Mil. Cu, Ft. 39,000 236,000 - 297 16,000 Adjusted 20 , for 31,000 188,000 - 240 13,000 increase efficiency by time of full buildout Rates of eadssion as set forth in "Air Quality handbook ", Oct. 1980, SCAQMD NE c� AREA Upland Fontana NUMBER OF DAYS /MONTHS STATE STANDARDS WERE EXCEEDED AND ANNUAL MA %IMUM DAILY /MONTHLY AVERAGES 1980 TSP SULFATE Days a)Maxb) Daysa) Maxb) NM NM NM NM 29 417 3 40.0 LEAD No. of Sampli ngd Monthsa)Maxc) Days ) NM NM 0 0.86 51 a) Number of days /months exceeding state standard for indicated pollutant. b) Single highest 24 -hour average of the year in ug /m3, c) Single highest monthly average of the year in ug /m3. d) Measurements are normally made on every sixth day. NM Not Measured Source: "Air Quality Handbook "; SCAQMD, 1980 0 A OZONE NUMBER OF DAYS OF FIRST /SECOND STAGE EPISODES hourly averaoe 0.20 ppm 0.3 nom AREA 1976 1977 1978 1979 1980 Upland 6111 85/2 68/2 59/2 73/4 Fontana 69/1 98/6 98/11 95/9 84/6 Source: "Air Quality Handbook'; SCAQMD, 1980 NUMBER OF DAYS STATE STANDARDS WERE EXCEEDED WND ANNUM MAXIMUM H URIY AV AGES 1980 CARBON.) SUIFURd) RTTOOCEN AREA _ OZONE MONOXIOE DIOXIDE DIOXIDE Daysa) Maxb) Days Max Days Max Days Max Upland 159* 0.44 0 14 0 .021 2 0.35* Fontana 181 0.42 0 19 0 .018 1* 0.25* a) Days number of days exceediva state standard for indicated pollutant. b) Max - single highest 1 -hour (for S02 24 -hour) average of the year in parts per million c) All exceedances are of the 12 -hour standard. The 1 -hour standard was not exceeded * less than 12 months of data Source: "Air Quality Handbook "; SCAQf,1O, 1988 In� PROJECTED ANNUAL EMISSIONS FACTOR DUE TO POWER GENERATION AT FULL BUILDOUT OF INDUSTRIAL AREA Pounds HYDRO CO NO2 S02 TSP CARBON Industrial Park 540 Mil. KWH 108,000 1,243,000 1,458,000 216,000 92,000 Warehousing 216 Mil. KWH 43,000 496,000 583,000 86,000 37,000 Light 8 Med. Manuf. 751 Mil. KWH 150,000 1,727,000 2,027,000 301,000 128,000 Heavy Manuf. 334 Mi1. KWH 66,000 768,000 901,000 134,000 56,000 1,841 Mil. KI4H TOTAL 368,000 4,234,000 4,969,000 737,000 313,000 Adjusted 20 for 294,000 3,381,000 3,975,000 589,000 250,000 increase efficienc,Y by time of full build - out Rates of emissions as set forth in "Air Quality Handbook ", Oct. 1980, SCAQMD E �C 0 A CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: July 22, 1981 TO: tlembers of the Planning Commission FROM: Jack Lam, Director of Community Development BY: Tim J. Beedle, Senior Planner SUBJECT: COMMENTS BY DEPARTMENT OF TRANSPORTATION ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE INDUSTRIAL SPECIFIC PLAN Item 1 California Transportation Commission has determined not to take action on abandonment of the Foothill Freeway right -of -way corridor, but rather to provide an opportunity for cities along the Foothill Freeway Corridor to consider implementation measures for development of the freeway. The California Transportation Commission will consider in 1982 an official position on status of the Foothill Freey!av Corridor. It is the City's position through the General Plan that development of a high -speed limited access transportation corridor will be necessary within the Foothill Free- way Corridor. Without this travel route, reconsideration will be neces- sary in both the City's reneral Plan and on the Specific Plan. A state- ment regarding this consideration will be included in the Specific Plan. Item 2 No official design considerations have been submitted to the California Transportation nenartment renarding a freeway interchange at Devore and 7th Street. Further, CALTRANS has been reluctant to give any indication regarding the potential feasibility of a freeway interchange until a formal submission has been made to them. The City Staff and its traffic consultant consider the location of the free,wav interchange as shown on the Draft Industrial seeri ric Plan as entirely possible and meets the minirum standards set for`,h for freeway desion. Should, however, the notential lncation of 7t11 Street interchanne tint he considered acceptable by both CALTPA.NS and Federal Transportation authorities, modifications will be made to the Industrial Specific Plan. �^ l Comments by Department of Transportation July 22, 1981 Page 2 Items 3 & 4 The Specific Plan incorporates, by reference, the Storm Drain Master Plan recently completed by L.D. Kino Engineers for the City of Rancho Cucamonqa. This plan supercedes the San Bernardino County Flood Con- trol District's Comprehensive Storm Drain Plan No. 2 for Rancho Cucamonqa. Further, the implementation of the storm drain plan in the industrial area will be accomplished through the consideration of an assessment district for a substantial portion of the industrial area. Foothill Boulevard (Route 66) is substantially outside the drainaqe area of the Industrial Specific Plan and therefore is not significantly impacted by industrial development within the Specific Plan. Storm runoff drainaae from the industrial area would be handled essentially by two systems. The Deer Creek Drainage System in the western portion of the Industrial Specific Plan area is being improved as Part of a U.S. Army Corps of Engineers project. The Day Creek System, which serves the eastern portion of the Industrial Specific Plan area, is part of the overall system as designed in the City's Master Storm Drainage Plan. Adequate facilities are provided within the CALTRANS right -of -way to handle ultimate drainage from Rancho Cucamonga and the industrial area. TJB:JL:jr Attachments 7D 0 C, J 1;Yra,. EVMU N G. BROWN JR. eoven,wn July 17, 1981 Statr of Cififorllia GOVERNOR'S OFFICE OFFICE OF PLANNING AND RESEARCH I4 TENTH STREET SACRAMENTO 95814 Mr. Tim J. Beedle, Sr. Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SUBJECT: 80060402 - Industrial Area Specific Plan Dear Mr. Beedle: �nJ I p)!Jp!; L i i � 2i:3; si1316 The State Clearinghouse submitted Cie above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter certifies only that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act (EIR Guidelines, Section 15161.5). Where applicable, this should not be construed as a waiver of any jurisdictional authority or title interests of the State of California. The project may still require approval from state agencies with peirnit authority or jurisdiction by law. If so, the state agencies wi11 have to use the environmental document in their decision - making. Please contact them immediately after the document is finalized with a cccy of the final document, the Notice of Determination, adopted mitigation measures, and any statements of overriding considerations. Once the document is adopted (negative declaration) or certified (final EIR) and if a decision is made to approve the project, a Moticc of Determination must be c_-led with the County Clark. if the project requires discretionary approval from any state agency, the votice of Determination must also be filed ;with the Secretary for Resources (SIR Guidelines, Sections 15051(£) and 15085(h)). Sincerely, {/� S too ^e. WL111.3mson G tat clearinghouse 7/ >tary of C- 14-,nia Memoranriam To Hs. Ann Bar!ciey, DOTP Attention Mr. D. Husum from DEPARTMsNT OF TRANSPORTATION District 08 Business and Transportation Agency DOie: July 13, lo 481 . HI-1 08v3d -060- 5.1/10.1- 10- 6.1/10.9 SCE 180060402 .. s.ojccn D °IR for Rancho Cucamonga Industrial Area Plan We 'nave reviewed the above- referenced document and request consideration of the following: �•Tl.e Traffic /Circulation section of the document assumes construction of the Foothill Free-ay as one of the mitigation measures. It should be noted, however, that the Foothill Freeway (Route 30) bett•reen Damien Avenue in La Verne and Route 157_ in San Bernardino is presently being considered for abandonment, due to the lack of funding in the foreseeable future. Until a final decision is reached, limited funds have been authorized for rieht of way protection to preserve the corridor while various options are being considerea. Q, The recommendation for a new Interstate 15 (Devore Freeway) interchange at Seventh Street is probably not feasible. preliminary ird - lone are that there is insufficient distance between Inter- changes for such constriction, and even then the ability of Ca pronS to provide it, based noon anticipated development or future demon- strated need, is not likely. ,?.The Hydrolo section of the report should address impacts to State Route 56 and _-n'aratata Hwv 10 resulting from increased runoff. Mitigction measures to alleviate these tmnacts should also be di- cuc -ed. !r, T e Jcc=an dcp.c not adequntel addresa the lmpLcmentacion of cne San Rernar ono County :lcod Con.tro- Conprehancive Storm Drain ?tan :,o. 2. We :;ould Lice a copy of the final document as coca as it In ?vail,bLe. If you have any question -, please contact Linda Laurin at (714) 38� -'SSG. R. G. ?OTE CL-ief, T_ran-portntion ?lanninq F;C•o JiA 1; 1581 • cc: DCWeaver GcPoon File L': If � 9 0 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: City Manager and City Council FROM: Jack Lam, Director of Community Development BY: Tim J. Beadle, Senior Planner SUBJECT: ZONING ORDINANCE AMENDMENT 81 -03 AND ENVIRONMENTAL ASSESSMENT - An amendment to the Zoning Code adding Section 61.023(f) implementing the Industrial Specific Plan ABSTRACT: Upon adoption of the Industrial Specific Plan, development regulations contained within the Plan replaced those previously con- tained within the industrial zoning classifications of the Zoning Ordinance. In order to implement this action, it is necessary that a statement be provided in the Zoning Ordinance which establishes the order of priority. The attached proposed Zoning Ordinance Amendment provides language which assures that the industrial Specific Plan development regulations would supersede those contained within the underlying old zoning designations. This provision will also be utilized when other specific plans are adopted. The Planning Com- mission approved this Amendment at their August 12 meeting. RECOMMENDATION: It is recommended that the City Council adopt the attached Zoning Ordinance Amendment and issuance of a Negative Declara- tion. Res 1IFectfu/1ll'y s mittet d, _...1, r it LAM, Director o- -- -- Cormunity Development JL:TJU:,jr Attachments: Proposed Ordinance Initial Study ORDINANCE NO. 16Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SAN BERNARDINO COUNTY LAND USE AND BUILDING REGULATIONS AS ADOPTED BY ORDINANCE NO. 17 OF THE CITY OF RANCHO CUCAMONGA SPECIFICALLY ADDING SECTION 61.023(F) TO THE ZONING CODE PROVIDING FOR IMPLEMENTATION OF A SPECIFIC PLAN, The City Council of the City of Rancho Cucamonga, California hereby ordains the following: Section 61.023(F) of the Zoning Code is hereby amended to read as follows: 61.023(F) SPECIFIC PLAN: In any areas where a Specific Plan has been adopted for said area as provided for in Section 65450 ET.SE4• of the Government Code of the State of California, to the extent where they may be in conflict, such regulations contained within the Specific Plan shall supersede those regulations contained within the Zoning Districts within the Specific Plan boundary. 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. PASSED, APPROVED, and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: AT-E;T. Lauren H. '.Ia sserman, City Cl rrk 9 714 Phillip O. Schlosser, Mayor U r CITY OF RANCHO CUCXMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $ 90.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no significant environmental impact and a Negative Dsclaraticn will be. filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. PROJECT TITLE: ZOMING ORDINANCE AMEHOMEMT APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonqa, P. 0. Box 807, Rancho Cucaironaa, CA 91730 (71f,)989 -1851 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Tim J. DeedlP. Senior planner City of Rancho Curamonaa, Community Development Department (713) 989 -1351 LOCATION OF PROJECT (STREET ADDRr'SS AP:D ASSESSOR P.4;iCEL NO.) LIST OTHER PEP-';ITS NECESSAR'i PROM LOCAL, REGIONAL, STATE AND FEDIiRAL AGENCIES AND 'THE AGENCY ISSUI2lG SUCH PERMITS: Y- ( I - C � PROJECT DESCRIPTION • DESCRIPTION OF PROJECT: Amendment of the Zoning Code to provide for implementation of the Industria pect a an ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: DESCRI?E THE ETVIRO';}' ,r.nL SETTING OF THE PROJECT SITE INCLUD 1:G INFOR ?LOTION ON TOPOGRAPHY, PLOVrS (TREES) , ANID +ALS, ANY CULTliZ.OL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROU :TDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): REFER TO INDUSTRIAL SPECIFIC PLAN EIR i Is the project, part of a larger project, one of a series' Of cumulative actions, which although individually small, may as a whole have significant envircr—mental impact? I- 2 • WILL THIS PRO.'.ECT: • YES NO _ X 1. Create a substantial change in ground contours? _ X 2. Create a substantial change in existing noise or vibration? _ X 3. Create a substantial change in demand for municipal services (police, fire, water, -. sewage, etc.)? • X 4. Create changes in the existing zoning or general plan designations? X 5: Remove any existing trees? Pow many? F 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YFS answers above: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information rocaired for this in_ti =.1 evaluation to the best or my ability, and that the facts, statements, and i.r.formati.cn prc^eptcd are trade an correct to the best of my ? :nco: ledge and balief. I farther understand thzt additional information may be recuired to be submitted before an adequate evaulation can be made by the Development Review Committee_ A / Date QI .. • � Signatu S2 �IZ711 r ^• Title Senior Planrrr 7; .• 0 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1981 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development CUCAMO4,�' 2 � n r C'111 F F;I Z U'e � SUBJECT: ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03 TT 11610 - A change of zone from A -1 limited agriculture) to R -2 -PD (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land located on the west side of Turner Avenue between Church Street and Base Line. 1977 BACKGROUND: This matter was continued to the August 5 meeting of the City ounce in order to receive input from residents concerning the project and to receive added information from the applicant. Upon review of the project there were a number of issues raised by the residents which they desired mitigated. These items were: 1. The effect of grading and the relationship of views to existing residences; 2. Height of structures; 3. Location of the proposed swimming pool and club house; and 4. Secondary access to the project other than Turner Avenue. Upon meeting with both the residents and the architect, solutions have been arrived at to mitigate these concerns as follows: 1. The swimming pool will be moved farther north, away from the residences; 2. The space in between will be planted with trees to avoid any gathering activity; and 3. The secondary access will be provided to the project through the construction of Teak Way going south from Ironwood to the project. (This will be accomplished through the parcel map that must be approved prior to finalizing this project.) r. STAFF REPORT August 19, 1981 • Page 2 Since there is only one - two -story building adjacent to the existing residences, and since the only 2nd story window from that structure is a small bathroom window that provides light to an indoor terrarium, that issue is no longer of major concern. Additional trees will be provided along the fence line near that structure. Furthermore, the project engineer has dropped the grades in the project so that there will be no adverse views into the yards of the residents. Because the resolution of these items was not done in time for the August 5 meeting, this item was continued to the August 19 meeting. With the adjustment and modification to the project, it appears that the concerns of the residents have been mitigated. However, in discussion with Mr. Sanchez, the property owner, he has indicated displeasure with any condition that Teak Way be constructed. However, this will be a condition of the parcel map not this project. RECOMMENDATION: Based upon the mitigating measures arrived at through discussion with residents and the architect, staff recommends approval of the second reading of the ordinance rezoning this property to a Planned Development. Respectfully s b /mQiittted, JACK LAM, Director of Community Development JL:kp Attachments: Prior Exhibits 40 CITY OF RANCH-) CL; ,'00. \GA STAFF REPORT DATE: August S. 1981 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: ENVIRONMENTAL ASSESSMENT FOR PLANNED DEVELOPMENT NO. 80 -03- 77 11610 - A change of zone from A -1 limited agriculture to R -2 -PD (multiple family /planned development) for the development of 28 condominiums on 4.55 acres of land lo- cated on the west side of Turner Avenue between Church Street and Base Line. Staff has been working with the applicant to resolve homeowners concerns. We have just now received some revised plans and need the opportunity to review these plans with the residents before a decision is made by the City Council. We request that this be continued to the August 19 meeting. Respectfully submitted, JACK LAM, Director of Community Development JL:jk i t Following brief discussion, it was the consensus of the Planning Commission that this be reviewed by the Design Review Committee. z z z z • • I. UPDATE ON STATUS OF TENTATIVE TRACTS NO. 9647 11595 11597 11598 11599, 11606, 11610 S 11614. Barry Hogan, City Planner, advised that Michael Vairin would review the staff report. Mr. Vairin explained the difficulties that were being experienced by various tracts in being consistent with the General Plan. Further, review of the tracts was continued to a date specific which was established as this meeting because it was thought at the time of review that the General Plan would be well under way and that a determination on these projects would be able to be made. Mr. Vairin stated that in the interim, the City had to seek an extension of the General Plan from the state and several conditions were imposed with the extension. This has meant that consistency problems which were hoped to be resolved have become further complicated. Commissioner Sceranka asked if when the Planning Commission recommended adoption of the General Plan and sends it to the City Council, the Planning Commission can approve these projects or must it first be approved by the City Council. Mr. Vairin stated that approval of these projects cannot take place until • after the City Council has approved the General Plan. He further stated that what is being suggested is that when the Planning Commission has reached a recommendation on the General Plan, we will begin review on the projects. Commissioner Sceranka asked what would happen if the letter from the State was interpreted as the opposite and what if they were not making that statement. Mr. Hogan replied that he did not see any benefit in debating the issue. Commissioner Sceranka stated that the interpretation of what the State meant is debatable. Mr. Hop;mn rupl.ied that the City Attornrv's office does not feel it to be d--bat-1h10- Further, that if the excerpt in the staff report is read Ch, re is no f0o14i'4 around with the Iwtguugo and that the CtLv could be in vi�+la Lion, if Lhu Gffir.,, of Planning and S,.aearch find; that we are oat fn o "B Inc'! wi.t ii the Gorarnmont Code ,ecLi.ri Lhuc required the City to have a General Plan some months ago. Comm lss Loner Rcmpel stated that not only OPR but private citizens could tnkv the City to court and it could get quite involved. Plannin; Commission Minutes -12- January 14, 1981 . CI Mr. Hopson stated that at that point we would be a city without a General Plan and that all the memos that have been put out and everything that • has been done flows from that statement. l Mr. Vairin stated that the land use element is the hangup with these tracts. Chairman Dahl stated that according to the present schedule the Planning Commission would be through the General Plan hearings on February 17 and asked if a recommendation is made to the City Council can they then move directly into these projects. Mr. Hogan replied that what staff will do is being the review process if these tracts are consistent with the Planning Commission recommended General Plan that has been reviewed by the Planning Commission with the idea that the City Council will not make any major land use revisions. However, the tracts will not be put on an agenda until the General Plan has been approved by the City Council. Commissioner Sceranka asked if it hadn't been stated that the Commission could adopt these tracts when the General Plan was sent to the City Council. Mr. Hopson replied that he did not say that. Mr. Hogan explained the review process to the Planning Commission. Mr. Hopson stated that the conflict will not be eliminated until there is no interim plan. Further, that the Commission will not be able to make findings on items "A ", "B ", or "C" of the State criteria until there is • adoption of the General Plan. Chairman Dahl then asked if the tracts could be processed on the date that the City Council passes the plan. Mr. Hopson replied that they could then because the City would have a General Plan. Mr. Ralph Lewis of Lewis .Homes stated that he had some information that may change the discussion and tie is not sure he is getting the full picture from staff. He indicated that he attended a meeting where there was considerable discussion on the Foothill corridor. He indicated that the developers who have submitted these tracts are stuck and feel that staff could be processing the tracts pending adoption of the General Plan as this places a hardship on developers. Mr. Lewis indicated that it is unfair to make the developers go through the growth management procedures and then not process their tracts. Further, Choy have contacted OPR and OPR stated Cn them that the interpretation that Staff is using is not what they intundcd. Mr. Hopson sCattd Civil, lie did not care what OPR might have said to them and unless hr saw that in writin;;, this; is tile. interpretation that will stand. Further, that :1r. Lewis, as a la�er should know this. Planning Commission Minutes -13- janu.ary 14, 1981 Commissions Tolstoy stated that he did not like what Mr. Lewis said about staff. Further, that the only wav that he would have known about the OPR ruling is through information that staff provides to him. He stated • that he did not like him making allegations regarding staff and does not think that staff has been remiss in their dealings. Mr. Tolstoy stated that when Mr. Lewis makes a statement as he did in public, he wants to have documentation on it. Mr. Lewis stated that it would have been appropriate to say that CPR is looking into this. Commissioner Tolstoy stated that if Mr. Lewis knew something that he did not know he wants to hear it. Further, that he has not seen any evidence on this. Chairman Dahl stated that he felt that he Commission must move ahead on these projects; however, as of this meeting, their hands are tied until the Commission has a document in writing. Mr. Dahl stated that they will immediately begin the review through Design Review and the growth management program on all of these tracts so that when we have approval to go ahead these tracts will be ready. Mr. Vairin provided the Commission with projections on when these projects would cone before the Commission. He further stated that those projects that did not have consistency problems could come before the commission sooner. Mr. Haman stated that if there is a choice of putting an August submittal • or a December submittal on a Planning Commission Agenda, the August submittal will go in first. Chairnan Dahl asked if there is a withdrawal and CPR rescinds their r- quire;nents, would it be possible to escalate these projects. Mr. Hopson stated that CPR is more stringent than the State Law. Under State Law, the land use problem would probably he handled by stating you have consistency and you could approve the projects. Further, you would not have to wait until the General Plan was finalized. fir. Hopson stated that the CPR letter is more stringent than the State Commissioner Sceranka stated that there is a filing period in December and another in April and that the Commission cannot adopt any inconsistent tentative tract until May, when the City Council adopts the General Plan. He asked when it was proposed that review of these projects would begin. Mr. He +;nn replied, in "arch, after the Plannin+, Cormission has made their recooimondations. Further, that looking at the time allocation, it was felt that it would be best to hold Off on review of tho projects until after the r.cnrnondntion is made to the City Council, Planning Commission Minutes -14- January 14, 1981 • Commissioner Sceranka stated that his only concern Is that these do not wait until after April. • Commissioner Tolstoy asked if Mr. Lewis thought that staff was holding his projects up. He also asked if Mr. Lewis thought the Planning Commission was trying to hold them up. Mr. Lewis replied that he felt that they were. Commissioner Tolstoy stated that if he felt that this is what he thinks is happening he would like to know about it because he would like to deal with it. Mr. Lewis replied that he did not feel that the Planning Commission was holding him up. Commissioner Scerankp. stated that if Mr. Lewis felt that this was a problem, who he felt he should tell. Mr. Lewis replied that he has an appointment with the City Manager. Chairman Dahl stated that Mr. Lewis has told the Commission before that he thought staff was doing him wrong and that there was no documentation of specific items. Commissioner Tolstoy stated that he thinks that Mr. Lewis should bring this up at a meeting and that he would like to hear what, if any, the specific problems are. Chairman Dahl stated that he did not think it appropriate to bring this up in a public meeting. Further that he would like to leave this up to Mr. Lewis and staff to resolve. Chairman Dahl indicated that he would like to see staff move along in the review process for these projects, and if the condition of OPR is rescinded, then the projects should move along even faster. Co.- .missioner Rempel stated that be felt the Commission should move onto other items. * * ;': * * Cum...;sion -•r Rempel stated that under Old Business the street namring policy noed.al to be brought up. Cor,mi ; ;ioc.or Tolstoy stated that he agrrcd. Ui RI!(:TUit'S REPORT Mr. IIo^m; stated that the lntorim ton LnO Ordinance has finaliv come back to !ln.inr iI for the second reading and that c.on;;idorable discu::sion was Plinnin;; 6m emission Mioutes -15- January 1G, 1981 • ORDINANCE NO. )50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSO 'S PARCEL NUMBER 208 - 061 -03 FROM A -1 (LIMITED AGRICUL -URF� TO R- 2 -P.D. (MULTI- FAMILY - PLANNED DEVELOPMENT) AND GENERALLY LOCATED ON THE WEST SIDE OF TURNER AVENUE BETWEEN CHURCH STREET )QIVD BASE LINE.'-Pogo. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Conmii,sion of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of . the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. 0 SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. Assessor's parcel number 208 - 061 -03, generally located on the west side of Turner Avenue between Church Street and Base Line, is hereby changed from A -1 to R- 2 -P.D. SECTION 3: 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. PASSED, APPROVED, AND ADOPTED THIS _ -DAY OF • it MEMORANDUM v DATE: August 12, 1981 T0: City Council FROM: Harry Empey, Finance Director \. SUBJECT: Contract Amendment Attached is a resolution of intention to amend the City's contract with the Public Employees Retirement System. This process will revoke Section 20614, Statutes of 1978 for local miscellaneous members. The current rate for our agency is 18.631% of gross payroll for those eligible to be members. If Section 20614, Statutes of 1978 is revoked, the City's rate becomes 9.36 %, a change of 9.268% (18.6312 - 9.363%). The cost to the City becomes $145,038, a reduction of $143,056. This percentage decrease is the projected actuarial rate to the year 2000, but, as our contract reads, the employer rate is subject to change with future amendments and /or experience and other factors. In addition to the above change, the City will continue to pay the additional 7% liability owed by the employee. This was previously agreed to. However, the philosophy behind the program is different. The benefit to the City is a reduction in costs of $34,622. It is very important that the information in the second paragraph be made public. HJE:cam • RESOLUTION NO. 81- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE RANCHO CUCAMONGA CITY COUNCIL. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedures by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20614, Statutes of 1980 (to prospectively revoke Section 20614, Statutes of . 1978) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga gives notice of intention to approve an amendment to the contract between the Rancho Cucamonga City Council and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as "Exhibit A" and by this reference made a part hereof. PASSED, APPROVED, and ADOPTED this 19th day of August, 1981. AYES: NOES: ABSENT: ATTEST: ® Lauren M. Wasserman, City Clerk "7 D. Schlosser, Mayor RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE • PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of s contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution sball contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20614, Statutes of 1980 (To prospectively revoke Section 20614, Statutes of 1978) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. BY NAME Date adopted and appro—ve—d7 Rat. Form 122 to A AMENDBOA TO COMTRACT R� THF. • BOARD OF S' RETIRE PUBLIC EMPLOYEES' RETIRE SYSTEM AND THE 'it, CITY COURC(.A;(, OF THE CITY OF RANCHO��#CAMONCA h "he Board of Administration, Publ' mployees' Retirement System, herein- after referred to as Board, and the Abverning body of above public agency, hereinafter referred to as Public ency, having entered into a contract in date of January 26, 1978, effect 60 January 28, 198, and as amended effete.! September 22, 1980, which proviV for participation of Public Agency in Bain System, Board and Public Agenc}�hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as execut.oc effective September 22, 1980, and hereby replaced by the following pare- graphs numbered 1 through 9 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" sna_: mean age 60 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement. . System from and after January 28, 1978 making its employees as hereinafter provided, members of said System subject to all provisin ^.s of the Public Employees' Retirement Law except such as apply only or. election of a contracting agency and are not provided for herein acs to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contrartinc agencies. 3. Employees of Public Agency in the following classes shell become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other then local safety members (herein referred to �r local miscellaneous members). In addition to the clssses of employees excluded from membership oy said Retirement Law, the following classes of employees shell not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 4. The fraction of final compenantion to be provided for each year o" credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2R at age 60 Full). 17 • 5, The follw wing additional provisions of the Public Employees' Retire- shall ment Lax which apply only up on election of a contracting agency _ apply to the Public Agency and its employees: Section 2024.2 (One -year fine Iapensation). • e. b. Section 20930.3 (Military s!vOice or as defined in Chapter 830, Statutes of 1976. 6�1 Section 21022.1 (Indu trial disability retirement) for local C. miscellaneous membeSr9Anly. (4i®1•eased non - industrial disability allowance). d. Section 21298 (1959 Survivors Program), excluding Section e. Sections 2131387, ' 213,2.2 (Iefrz eased 195'1 Survivors benefits). eP SactionQ2'0614 (S to tutee of 1979; reduction of normal member f. contribution rate). From and after September 22, 19809 the norms' member contribution rate shall be -04. Section 20614 (Statutes of 1980; to prospectively revoke Section g. 20614, Statutes of 1978). 6. Public Agency, in accordance with Section 20759.1 Government Code, 6 of the shell not be considered an "employer" for purposes of Chapter the Public Agency Public Employees' Retirement Law. Contributions of as in Section 20759, ent shall be fixed and determined provided hereafter made e shall be held by the Board Code, end such contributions • as provided in Section 20 59, COVern 7. Public Agency shall contribute to said Retirement System as follows: With respect to miscellaneous members, the agency shall con- a. tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: • (1) 9.227 percent on account of the liability for current service benefits. (2) 0.136 percent on account of the liability for the 1950 Survivor Program. b. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount as fixed by the Board, payable in one instq:l- ment as the occasions arise, to cover the costs of special valun- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. • `7d S. Contributions required of Public Agency and its employees shall be . subject to adjustment by Board on accr,int of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Lax. 9. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of + 19 Witness our hands the BOARD OF ADMINISTRATION PUBLIC EMPLOfEES' RETIREMENT SYSTEM U BY Carl J. Blechinger, Executive Officer Approved as to form: / � r n {,ia .. PeIeme Legal Office, Date 9 day of 19_• CITY COUNCI &o OF THE T CITY OF RANCF; CUCAMONGA T O O Z BY O. Presiding OflAcer 0 Z Attest: X S w O Clerk L PERS CON -702 q1 COMMACT BLTWEEii THE BOARD OF AIXiIRIS'TR1TI03 PUBLIC E11PLOYEES' RETIRY-=1 SYSTEa AND THE CITY COWNCIL OF THE CITY OF RtiiCHO CUC.'v*10:ICA ' In consideration of the covenants and agreement hereafter contained and on the part of both parties to be kept and performed, the governing body of above public agency, hereafter referred to as "Public Agency ", and the Board of Administration, Public Employees' Retirement System, hereafter referred to as "doard ", hereby agree as Follows: 1. All words and terms used herain which are defined in the public Employees' ietirement Law shall have tha meaning as defined therein unless othenrisa specifically provided. "Normal retiremxat age" shall moan age 60 for miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978, making its employees as . hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as miscellaneous members). In addition to the classes of employees excluded from nembers'dp by said Retirement Law, the following classes of employes shall not become members of said :tetiremant System: NO :1UDITJWIAL EX,=SIMIS 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said aetirenent Law (24 at age 60). r PEAS -CON -126 -1 3. The following additional provisions of the Public Employees' Retire -oat Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: • a. Section 20024.2 (defining "final compensation" on the basis of average compansation earnaula during the year immediately preceding retirement or any other one year period elected by the member). b. Section 20)30.3 (allowing public servica credit under the provisions of Chapter 839, Stats. 1976, for up to four year of continuous military or merchant marine service). c. Section 21022.1 (providing industrial disability retirement benefits for miscellaneous members). d. Section 21298 (providing increased non - industrial disability retirement allowances of up to fifty- percent of final compensation to members retiring after the effective date of the amendment). e. Sections 21330 -21333 (providing for allowances for survivors of mombers covered under the 1939 Survivor's Program upon the member's death before retirement). 6. Public Agency, in accordance with Section 20759.1 Government Code shall not be considered as "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law. Contributions of the • Public Agency shall be fixed and determined as provided in Section 20739, Governnent Coda, and such contributions hereafter made shall be held by t:ie Board as provided in Section 20733, Government Coda. 7. Public Agency shall contribute to said Retirement System_ as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of mont:ily salaries earned as miscellaneous members of said Retirement System: (1) 0.033 percent until Juie 3J, 2000 on account of the liability for prior service benefits. (2) 7.137 percent oa account of the liability for current service bencflts. (3) 1.300 parcent ou account of the liability for the 1939 Survivor Program. b. A reasoiable amount per anew, as fixed by the Board to cover the costs of ad;ainistcring said System as it affects the emuloyeea of Public Agency, not including the costa of special valuations or of tea periodical iivastigatioo and valuations required by law. c. A reaaonabla amount as fixed by the Board, payable in one • installxnt as tae occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical invastigation and valuations required by lax. G �. 8. Contributions required of Public Agency and its employees shall be • subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law. CJ 19 9. Contributions required of Pubic Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulations. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. Witness our hands this 26th day of January 19ZL-. BOARD OF AMINISTRATION CM COUNCIL PUBLIC EMPLOYEES' REfIRMIEUT SYSTEM OF THE CITY OF RANCRO CUCAMWGA BY Carl J. Blechinger, Executive Officer ( / /•j„' a ding or layor Approved as to form: Legal Office, PERS �4 Attest: . Clerk lJ El CITY OF RANCHO CUCAMONGA STAFF REPORT August 13, 1981 TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Request from Cucamonga School District For Their Declaration of Impaction 1977 As set forth in Ordinance No. 69 -B, the Cucamonga School District has sub- mitted the information to verify a condition of impaction within the elementary school district. City Ordinance No. 30 requires that the District notify the City of conditions of impaction. In addition to the notice, the District must also indicate any reasonable alternatives available to mitigate the overcrowded conditions. The Cucamonga School District has submitted a declaration of impaction which indicates that all available classrooms, both permanent and temporary, are currently being utilized for instructional purposes. In addition, the over- crowding affects all attendance areas within the school district. In an effort to mitigate these conditions, the District has used relocatable structures to the extent feasible with District finances. The District has also considered realignment of school boundaries, reconfiguration of grade levels, and use of all local bond and State loan revenues to the extent allowed by law. Recommendation: It is recommended that the City Council adopt Resolution No. 81- concurring in the findings of the Cucamonga School District that conditions of overcrowding exists. LMW:baa 11 0 Cucamonga School District BOGI10 C. TIrV.fEE. 8778 Archibald Avenue CAROL CONFER Rancho Cucamonga. California 91730 WILLIAM CRAWFORD Telephone (714) 987-8901 LUIS M GONZALES GEORGIA GRIFFIN MANUEL M LUNA August 12, 1981 Lauren M. Wasserman, City Manager 9320 Baseline Road Rancho Cucamonga, California 91730 Dear Ms. Wasserman: On behalf of the Cucamonga School District I would like to submit our Declaration of Impactness document for the Rancho Cucamonga City Councils' consideration and approval. Should the Council require additional information, all information relating to this matter are on file at the Cucamonga School District office. RV: II cere ly\ ,�o�).� Ro 'to Velasque Sup rin tendent �l "V CUCAMONGA SCHOOL DISTRICT • DECLARATION OF IMPACTf ON On motion of Member William Crawford , seconded by Member Carol Confer the following declaration is made and adopted: persuant to Government Code Section 65971 and Section 4 of Ordinance 30 of the City of Rancho Cucamonga, the Board of Trustees of the Cucamonga School District submits to the City Council this Notification of condition of Over- crowding. The decision to file this Notification of condition of Overcrowding is based an the following: 1. All available classrooms, permanent /temporary, owned /leased are being utilized. 2. The overcrowding affects the attendance areas of all existing schools. The Cucamonga School District has reviewed all practical and reasonable methods for mitigating overcrowded conditions. Those adopted include: a. Use of relocatable structures and trailers to the extent feasible with district finances. The Cucamonga District can no longer fund additional classrooms from Distract funds. b. Realignment of school boundaries. C. Reconfiguration of our grade levels. d. Use of all local bond and state loan revenues to the extent allowed by law. e. There are currently no regular classrooms used for non - instructional purposes. There are currently no agreements between the Cucamonga School District and any residential developers whereby temporary -use buildings will be leased to the school district. PASSED AND ADOPTED this 11 day of Au dst , 1981, by the Governing Board of the Cucamonga School D:utrict of San Bernardino County, California, by the following vat, AYES: 3 NO'S: A A63FNT: 2 STrIYE of CA�IWORNIA ) 55 COUNTY OF SAN BEIUNARDINO) I, Carol Confer, Clerk of the Governi. ^.q Beard of the Cucamonga School mutriet of Gan Bernardino F'nunty, i'alilornia. 30 hereby certify thot the foregoing as a full, true, and correct Copy oL a declaration adopted by the said Board "t A Regular Boar( eatinq thereof held at its regular place of meeting at the - V" - time, and on the date and by the vote above stated, which declaration is • on file in the office of the said Board. Clerk of the Board of Trustees Cucamonga School District 7 0 RESOLUTION NO. 81- I3c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA. CALIFORNIA, CONCURRING IN THE FINDINGS OF THE CUCAMONGA SCHOOL DISTRICT THAT CONDITIONS OF OVERCROWDING EXIST IN SAID DISTRICT. WHEREAS, the governing board of the Cucamonga School District of San Bernardino County, Calfiornia, at its regular meeting on August 11, 1981, adopted a motion entitled "Declaration of Impaction" wherein said governing board found and declared that conditions of overcrowding existed in said school district; and WHEREAS, the governing board of the Cucamonga School District has notified the City Council of the City of Rancho Cucamonga, California, as required by Government Code Section 65971; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga California, does resolve, determine, and order as follows: The City Council concurs in the findings of the governing board of the Cucamonga School District which findings are contained in the aforesaid . "Declaration of impaction" for all attendance areas within the Cucamonga School District. PASSED, APPROVED, and ADOPTED this 19th day of August 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor n.. AGENDA RANCHO CUCAMONGA REDEVELOPMENT AGENCY August 19, 1981 1. CALL TO ORDER. Frost, Mikels_,i_, Palombo _&, Bridged, and Schlosser �4 . Approval of Minutes: July 1 and 14, 1981. 2. STAFF REPORTS. . A. AGENCY TRANSMITTAL OF THE PRELIMINARY PLAN. 1 For Council's consideration is a Resolution receiving the preliminary plan, legal description, and boundaries for the Rancho Cucamonga Redevelopment project and authorizing their transmittal to the affected taxing agencies. Adoption of this Resolution is necessary to begin the 90 -day filing period. RESOLUTION NO. RA81 -3 3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA RECEIVING THE PRELIMINARY PLAN, LEGAL DESCRIPTION AND MAPS DESIGNATING THE BOUNDARIES FOR THE RANCHO CUCAMONGA REDEVELOPMENT PROJECT AND AUTHORIZING THEIR TRANSMITTAL TO THE AFFECTED TAXING AGENCIES. B. APPROVAL OF MEMBERSHIP AND PAYMENT OF DUES TO THE COMMUNITY R DEVE OP ENTt T AGENC3ES SS CATION. 3. ADJOURNMENT. 9 Meeting of the Rancho Cucamonga Redevelopment Agency met on August 19, 1981 following the regular meeting of the City Council. The meeting was called to order at 10:45 a.m. by Chairman Phillip D. Schlosser. Present were Agency Members: James C. Frost, Jon D. Mikels, Arthur H. Bridge, and Chairman Phillip D. Schlosser. Also present were: Executive Director, Lauren M. Wasserman; Consultant, Abe DiDios, and Jack Lam. Absent: Michael A. Palombo Approval of Minutes: Motion: Moved by Mikels, seconded by Frost to approve the minutes of July 1 and July 14, 1981. Motion carried unanimously 4 -0 -1. 2. STAFF REPORTS. 2A. AGENCY TRANSMITTAL OF THE PRELIMINARY PLAN. Mr. DeDios explained that Council needed to act on a Resolution stating they had received the preliminary plan, legal description, and boundaries for the Rancho Cucamonga Redevelopment project, and to authorize their transmittal to the proper affected taxing agencies. The adoption of this Resolution is necessary to begin the 90 -day filing period. Motion: Moved by Mikels, seconded by Frost to approve Resolution No. RA 81 -3 and to waive the entire reading. Motion carried unanimously 4 -0 -1 (Palombo absent). Title of Resolution No. RA 81 -3 was read by Secretary Lauren M, Wasserman. RESOLUTION NO. RA 81 -3 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA RECEIVING THE PRELIMINARY PLAN, LEGAL DESCRIPTION, AND MAPS DESIGNATING THE BOUNDARIES FOR THE RANCHO CUCAMONGA REDEVELOPMENT PROJECT AND AUTHORIZING THEIR TRANSMITTAL TO THE AFFECTED TAXING AGENCIES. 2B. APPROVAL OF MEMBERSHIP AND PAYMENT OF DUES TO THE COMMUNITY REDEVELOPMENT AGENCIES ASSOCTATTON. Mr. Wasserman presented the request. He said this organization was to the Re- development Agency as the League of Cities was to the city. Motion: Moved by Bridge, seconded by Mikels to approve joining the CRA and authorize payment of dues in the amount of $300. Motion carried unanimously 4 -0 -1 (Palombo absent). 3. ADJOUR?TMENT. Motion: Moved by Mikels, seconded by Frost to adjourn. The motion carried unanimously 4 -0 -1. The meeting adjourned at 10:50 a.m. Respectfully submitted, Beverly Authelet Assistant Secretary 7 CfrY OF RANCI -10 CLICAMONC,A STAFF REPORT DATE: August 19, 1981 TO: Members of the Redevelopment Agency and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: AGENCY TRANSMITTAL OF THE PRELIMINARY PLAN Attached for your consideration is a memorandum from the Redevelopment Agency consultant, Municipal Services, Inc., along with a Resolution receiving the preliminary plan, legal description and boundaries for the Rancho Cucamonga Redevelopment project and authorizing their trans- mittal to the affected taxing agencies. Adoption of this resolution is necessary to begin the 90 -day filing period. RECOMMENDATION: That the Agency adopt this Resolution and transmit it to the affected agencies. Re pec tfully qL'_ ac< 4amDirector of Community Development JL:jk attach. • MUNICIPAL SERVICES, INC. M E M O R A N D U M TO: Jack Lam FROM: Abe De Dios.�_-`r DATE: August 14, 1981 SUBJECT: Agency transmittal of the Preliminary Plan Accompanying this memo are 18 additional copies of the Preliminary Plan and Assessment of Conditions Report, and a Resolution of the Agency acknowledging receipt of the Preliminary Plan, and authorizing transmittal of the following items to the affected taxing agencies, the Chief Administrative Officer, Auditor, and Tax Assessor of San Bernardino County, and the State Board of Equalization: 1. Legal Description and Maps of the Project Area 2. A Statement that a Redevelopment Plan is being prepared 3. Specification of the last equalized roll proposed for use • in allocating taxes to the Agency M.SI will prepare a draft of the letter transmitting the above required documents. Upon receipt of the above information, the County officials charged with the responsibility of allocating taxes shall prepare a report which addresses assessed valuation information pertaining to the project. The report shall be delivered to the Agency and each taxing agency within 90 days of the date of filing by the Agency of the legal description, map, and letter described above in accordance with Section 33328 of the Health and Safety Code. The Schedule of Activities for the Rancho Redevelopment Project' Plan adoption anticipates receipt of this report from the County prior to the public hearing. This necessitates filing with the State Board of Equalization and notifying the County as soon as possible. The Aconcy':; action on August 19, 1981 will allow the filing and mailing to occur so that the 90 day period can begin. If you have any questions please don't hesitate to call. ncl E os Enclosures CC: Manny De Dios Tim Beadle • RESOLUTION NO. P "1 - Z A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA RECEIVING THE PRELIMINARY PLAN, LEGAL DESCRIPTION AND MAPS DESIGNATING THE BOUNDARIES FOR THE RANCHO REDEVELOPMENT PROJECT AND AUTHORIZING THEIR TRANSMITTAL TO THE AFFECTED TAXING AGENCIES WHEREAS, pursuant to Section 33323 of the California Health and Safety Code, the Redevelopment Agency and the Planning Commission of the City of Rancho Cucamonga have cooperated in the selection of a Project Area and in the preparation of the Preliminary Plan for the Rancho Redevelopment Project; and WHEREAS, Section 33328 requires the transmittal of said documents to the affected taxing agencies. NOW, THEREFORE, the Redevelopment Agency of the City of Rancho Cucamonga does resolve as follows: SECTION 1. That the Redevelopment Agency hereby acknowledges •receiopt f—the Preliminary Plan, Legal Description and Maps designating the boundaries for the Rancho Redevelopment Project. SECTION 2. That the Redevelopment Agency hereby directs the City Clerk to transmit to the Chief Administrative Officer, Auditor and Tax Assessor of San Bernardino County, to the California State Board of Equalization and to affected taxing agencies the following: SUBSECTION A. A description of the boundaries of the Rancho Redevelopment Project Area. SUBSECTION B. A statement that a Plan for Redevelopment of' the Project is being prepared. SUBSECTION C. A map indicating the boundaries of the Rancho Redevelopment Project. SUBSECTION D. A statement indicating the .last equalized assessment role to be used for tax allocation purposes. SECTION 3. The Secretary of the Agency shall certify to the adoption of this resolution. 0 APPROVED AIJD ADOPTED this day of , 19_. Chairman 2 A'ITIi G T • �J CRA �f 1 Community Redevelopment Agencies Association ...a.N 16168 Beach Boulevard. Suite BL Huntington Beach. CA 92W U141842.8411 d.'w J. NoW u w. vN. E,.Nwnv July 28, 1981 ft" ... PKmon UWd a Uz. N to V..R ft. MNa.nV NMMrn P.•bn M5111.m P. fNmq S.r'L..Mro Mr. Lauren Wasserman cnw.e F. Nn.w City Manager City of Rancho Cucamonga e..mw a..no.. P.O. Box 807 �oN Rancho Cucamonga, CA 91730 L.wnu Dear Lauren: a.P. We are very pleased that the City of Rancho Cucamonga Mmlgny OonNo em.owu is interested in joining CRA Association. Enclosed L.W EMm is a membership application form and the 1981/82 dues W..m Go.ru NNI.tl statement which should be filled out and returned °'""°"'• with your remittance. EEr.N E L.cto'r'M CRA was conceived only a year and a half ago and it .M H,11 °O now has 114 city members and 42 associate private n....m nni Y P NNm.�Fn.N sector members. This rapid growth would certainly M.ne m seem indicative of the long overdue need to join O.vA W.m s.m. M• together in an effort to educate the public and the legislature on the value of keeping the redeve- P.LO.M H.n r,.n. smne lopment process viable in California. We welcome s r.mmo your participation in this effort. G.,.IE inmob s.nu'.°. Please let us know if you would like any further Gew0 e.N w0'.m, information on our Association. o Sincerely, �f Milton R. Farrell Executive Director ' MRF:cf Enclosures ..%r.M.r.r.wj Y'1.riFV.Yn�•.r.nl.i:.n....f .4�t. 51+r +rr4':��:: 0 • v !; MEMBERSHIP {21 ]4-' - -j I ., ,� 1961.82 FISCAL YEAR Community ;7edevelooment agencies Association Yn.n CRS\ m.mheMm , bored nn a mmh;naunn of sour eny's pnpulmion and the amnum of lax incremenl your agency received In the 196) -51 heal year Pl,— c,,k cortex bones below, ;n,en <nrt,ct mbrmatnn and lees, and return :hu nalemen, u.1h Saar paymen, Make check, payable In C_ R— A—. MEMBER AGENCY NAME & ADDRESS POPULATION RTnc hn L ,,mxmi n di del p=& Age 1 undo 25.000 11150 ❑ 5. IW,WO- 200,000 $5000 P.Or BOX 807 2 25,w - 50,000 200 ❑ 6. 200,000 500,000 600 ❑ �� Cucamn0a. a17�n 7 50.ntn. 75.000 000 ❑ 7 500.000 1,000.000 7000 C� — 4 75.U14. IW.000 4M 8. (No 1,000.000 8000 TAX INCREMENT reMw MP M 1. CITY POPULATION 549" f 1. Undo 11100,400 $150 7 5 11600.000 - 1,000.000 11500 ❑ 2. TAX INCREMENT GO' f 2 100.0)0 - 200.000 200 ❑ 6. 1,000,000. 2,000.000 600 ❑ a 200,WO - 400.000 7W ❑ 7 2,000,000 a 000.4)0 700 ❑ TOTAL FEE f 4. 41X1.000. 600.000 400 O 8, pvo 56,000,000 800 C (TOTAL OF LINES 1 & T 16163 Beach Blvd, Suite 111, Huntington Beech, Co. 92647 15- (714) 642.8477 7/14/81 MEMBERS OF CRA ASSOCIATION lJ C AGENCY Alhambra Garden Grove Paso Robles Anaheim Glendale Pico Rivera Arcadia Glendora Pinole Azusa Grand Terrace Pittsburg Bakersfield Hanford Pleasant Hill Baldwin Park Hawaiian Gardens Pomona Hayward Porterville Banning Hemet Rancho Mirage Barstow Bell Gardens Huntington Park Redwood City Brawley Indio Richmond Brea Industry Riverside Brisbane Inglewood Salinas Buena Park Irwindale San Bernardino Burbank La Habra San Buenaventura Carlsbad La Mesa San Diego Carson La Mirada San Dimas Cerritos Lancaster San Jose San Leandro Chino Lakewood Chula Vista Long Beach San Pablo Claremont Los Angeles San Rafael Coachella Lynwood Santa Ana Colton Milpitas Santa Barbara Monrovia Santa Fe Springs • Commerce Montclair Santa Maria Compton Concord Montebello Seal Beach Corona Monterey Signal Hill Costa Mesa Monterey Park Simi Valley Covina Mountain View South Gate Culver City Napa South San Francisco Daly City National City Sunnyvale Duarte Oakland Temple City El Cerrito Oceanside Thousand Oaks E1 Monte Ontario Tulare Emeryville Oxnard Walnut Creek Fairfield Palm Desert Watsonville Fontana Palm Springs West Covina Fresno Paramount Whittier Fullerton Pasadena lJ C MEMBERS OF CRA ASSOCIATION (cont.) ASSOCIATE "PRIVATE SECTOR" S Developers Edward C. Ellis & Associates Olympus Pacific Corporation Goldrich Kest & Associates J. H. Hedrick & Company Kowin Development Corporation ✓Lewis Properties Inc. u--John D. Lusk & Son Newman Brettin Properties W & A Builders Ernest W. Hahn Inc. McKeon Construction Consultants Blyth Eastman Paine Webber Inc. Economic Research Associates Keyser Marston Associates Inc. Miller & Schroeder Municipals Inc. Municipal Services Inc. Nowack and Associates PAE International • Phelps Company Inc. Pod, Inc. Port & Flor Inc. H. M. Scott & Associates ' Shearson Loeb Rhodes Inc. Stone & Youngberg Wainwright & Ramsey Inc. Willdan Associates Rod Gunn & Associates Woodward -Clyde Consultants Pacific Relocation Consultants Sutro & Company Inc. E.F. Hutton Inc. William D. Feldman Associates Security Land & Right of Way Services Leal Counsel Goldfarb & Lipman Weiser Kane Ballmer Berkman Jones Hall Hill & White ►_4est Best & Krieger Orrick Herrington Rowley & Sutcliffe Stradling Yocca Carlson & Rauth Tompkins & Farrington • Wilson Morton Assaf & McElligott Douglas V. Hart An adjourned Bu- _ .1 _ . Ci., was held in the Lions Park Community Center, 9161 Baseline Road, on Monday, June 22, 1981. The meeting was called to order by Mayor Phillip D. Schlosser. Present: Councilmen James C. Frost, Jon D. Mikels, Arthur H. Bridge and Mayor Phillip D. Schlosser Absent: Councilman Michael Palombo Also Present: Lauren Wasserman, City Manager; James Robinson, Assistant City Manager; Jack Lam, Director of Community Development; Lloyd Hubbs, City Engineer; Harry Empey, Finance Director; and Bill Holley, Community Services Director. 2. CITY MANAGER'S STAFF REPORTS A T.D.A. ARTICLE 8 AND ARTICLE 4 CLAIMS FOR TRANSIT (OMNITRANS) AND CITY STREETS AND ROAD PURPOSES Staff Recommendation: 1. That the City Council authorize the City Manager to sign the attached Article 8 Claim. 2. That the City Council adopt the attached Resolution authorizing the following distribution of T.D.A. funds for Fiscal year 1981 -82: a) Omnitrans $155,809 b) City of Rancho Cucamonga $612,413 Total $768,222 City Clerk Lauren Wasserman read the title of Resolution 81 -98 seeting forth staff's recommended distribution of T.D.A. funds. RESOLUTION NO. 81 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING AUTHORIZED AMOUNTS OF THE CITY'S T.D.A. ALLOCATION TO BE CLAIMED BY OMNITRANS FOR LOCAL TRANSIT AND ARTICLE 8 FOR CITY STREETS AND ROAD PURPOSES FOR FISCAL YEAR 1981 -82. A motion was made by Councilman James Frost, seconded by Arthur Bridge and unanimously carried to approve Resolution 81 -98 setting forth approved T.D.A. allocations for the City of Rancho Cucamonga for F.Y. 1981 -82. Motion carried 4 -0 -1 (Palumbo Absent) B. APPROVAL OF SALARY AND BENEFITS CHANGES FOR ALL FULL TIME AND PART TIME EMPLOYEES FOR FISCAL YEAR 1981 -82 Jim Robinson, Assistant City Manager, stated that the proposed Resolution 81 -97 incorporated salary increases and benefit changes previously considered by the City Council. Resolution No. 81 -97 included an across the board salary increase of 7.5 %, an increase of $50.00 per month in the employees' medical insurance premium, the implementation of a dental insurance plan for employees within a provided for the elimination of Lincoln's Birthday and the addition of a discretionary holiday. This change allows the City offices to remain open one additional day during the year, but still provides the employees with an equal number of holidays. Councilman Jon Mikels stated he was in favor of the Resolution incorporating these changes but expressed concern over the language in the last section, of Section I Philosophy of Compensation. A motion was made by Councilman Jon Mikels, seconded by James Frost and unanimously carried that Resolution 81 -97 be approved but that staff draft the appropriate revised language in Section I Philosophy of Compensation of Resolution 81 -97 and bring back for Council review at its July 14, 1981 meeting. City Clerk Lauren Wasserman read the Title of Resolution 81 -97. RESOLUTION 81 -97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 80-63 RELATING TO SALARY RANGES IN ITS ENTIRETY, AND ESTABLISHING REVISED PAY RANGES S BENEFITS FOR ALL FULL TIME AND PART TIME EMPLOYEES OF THE CITY OF RANCHO CUCAMONGA FOR FISCAL YEAR 1981 -82, AND AMENDING PORTIONS OF RESOLUTION 81 -14 (APPENDIX A) AFFECTING RULES AND REGULATIONS GOVERNING THE DETAILS OF THE ADMINISTRATION OF THE CITY'S PERSONNEL SYSTEM. The Resolution carried unanimously 4 -0 (Palumbo Absent). C. ADOPTION OF 1981 -82 CAPITAL IMPROVEMENT PROGRAM. A staff report was made by Lloyd Hobbs, City Engineer requesting Council approval of Capital Improvements Program for inclusion In the 1981 -82 Fiscal Budget. A motion was made by Councilman Jon Mikels, seconded by Arthur Bridge and unanimously carried to approve Resolution 81 -99 setting forth the City of Rancho Cucamonga Capital Improvement Program for F.Y. 1981 -82. The motion carried unanimously 4 -0. ( Palombo Absent). City Clerk Lauren Wasserman read the title of Resolution 81 -99. RESOLUTION 81 -99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING THE 1981 -82 CAPITAL IMPROVEMENTS PROGRAM. D. CONSIDERATION OF 1981 -82 PROGRAM OF SERVICES (BUDGET) FOR F.Y. 1981 -82 Lauren Wasserman, City Manager, presented an overview of the Citv's Program of Services for F.Y. 1981 -82. Mr. Wasserman stated tha the 1981 -82 Program of Service totals $10,179,003 of which $5,984,417 would be designated to General Fund expenses and $4,194,586 for special fund activities. Mr. Wasserman outlined the City Budget priorities as presented in the June 22, 1981 budget message. This Included a substantial commitment to Park Acquisi- tion, development of the Etiwanda Specific Plan by hiring two staff members in Travels and Meetings account within the Finance Department, Harry Empey, Director of Finance stated the proposed increase could largely be attri- buted to an increase in the Business License Field Inspector activity. Lauren Wasserman, presented an overview of the proposed San Bernardino County Sheriff's Department Contract for F.Y. 1981 -82, Council requested staff provide more information at a later date in the Sheriff's Department Helicopter Program. A motion was made by Councilman Mikels, seconded by James Frost and unani- mously carried to approve the Sheriff's Contract 80- 7621A -1 in the amount of $2,233,070 between the City of Rancho Cucamonga and County of San Sernar- dino. A separate motion was made by Arthur Bridge seconded by James Frost and unanimously carried to approve the proposed F.Y. 1981 -82 Program of Services in the amount of $10,179,003 as submitted by staff at their June 22, 1981 meeting. As part of that motion, the City Council also unanimously approved a loan from the City in the amount of $48,000 to the Redevelopment Agency to complete the identification and analysis of potential redevelopment projacts in the industrial - commercial center of the community. The motion carried 4 -0 (Palombo absent) Councilman Bridge stated he would like to receive more information regarding the status of acquisition of park sites. 3. ADJOURNMENT A motion was made by Arthur Bridge, seconded by Jon Mikels to adjourn to their next regularly scheduled meeting of July 1, 1981. Respectfully Submitted, im Rv obinso�_ 41istant City Manager 1. CALL TO ORDER A special Budget Study Session of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Baseline Road, on Thursday, May 7, 1981. The meeting was called to order at 7:05 p.m. by Mayor Phillip Schlosser. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge and Mayor Phillip D. Schlosser. Also present were: City Manager Lauren M. Wasserman; Assistant City Manager Jim Robinson; Jack Lam, Director of Community Development; Lloyd Hubbs, City Engineer; Harry Empey, Director of Finance; Bill Holley, Community Services Director. 2. STUDY SESSION REPORTS A. STATUS REPORT ON PROPOSED PROGRAM OF SERVICES FOR F.Y. 1981 -82 Lauren Wasserman, City Manager, stated the total budget for F.Y. 1981 -82, including all funds was in balance and would total $9,231,253.00. Harry Empey, Finance Director, stated that the Budget for F.Y. 1981 -82 will reflect cost centers and overhead, and more emphasis will be placed on programs rather than line item accounts. B. MAINTENANCE ASSESSMENT DISTRICTS A report was presented by City Engineer, Lloyd Hobbs, regarding the feasibility of establishing city -wide maintenance districts for parkways throughout the City. Councilmen Frost and Bridge expressed concern about the impact of a parkway assessment district on other pending issues such as proposed Foothill Fire District assessment and Flood Control assessment. Lauren Wasserman, City Manager, suggested that a survey be included in the next "Grapevine" raising the question of a parkway assessment district and the public's willingness to support the assessment. The City Council concurred that such a poll of public opinion regarding a Parkway Maintenance Assessment District should be included in the next issue of the City's newsletter "Grapevine ". C. STAFF RECOMMENDATION REGARDING ADJUSTMENT OF MILEAGE REIMBURSEMENT FOR CITY EMPLOYEES Lauren Wasserman, City Manager, stated that it had been some time since the per mile reimbursement for employees who use their personal vehicles for city business had been adjusted. Mr. Wasserman recommended that the current reimbursement of 224 per mile should be increased to 30e per mile to appropriately reflect some of the increased cost in fuel. Mr. Wasserman also recommended that monthly auto- mobile allowances for department heads be increased $50.00. A motion was made by Councilman Arthur Bridge, seconded by Phillip D. Schlosser and unanimously carried to increase the per mile reimbursement for City employees who use personal vehicles for city business from 22C per mile to 304 per mile and increase current Department Head monthly automobile allowances by $50.00. that ridership, was decreasing. Mr. Robinson also explained that S.B. 620 required an 80/20 split in the Fare Box return. Any route which generated (fare box) revenues less than 20% of the cost of operating the route would have to be made up by local funding sources (General Fund). Mr. Robinson stated that Route 50, because of its poor ridership, generated less than 9% of the cost of the route and that the City was not in a position to support local transit with General Fund monies. Mr. Robinson further explained that Route 51 in Upland experienced a similar dilemma with low rid—ahip and that the route had been eliminated. Staff recommended that Route 50 be eliminated because of low ridership and low fare box return, but recommended continuation of General Purpose Dial -A -Ride in the City so transit dependent would still have access to transportation. A motion was made by Arthur Bridge, seconded by Phillip D. Schlosser and unani- mously carried to eliminate Route 50 effective July 1, 1981 but recommended continuation of General Purpose Dial -A -Ride throughout the City for F.Y. 1981 -82. E. PROPOSED DESIGNATION OF RESERVE FUNDS Harry Empey, Finance Director, stated that as the City grows, and its direction becomes more clearly defined, it is imperative that Council approve a redesig- nation of its Reserves which will put them more in tune with the City's needs. Mr. Empey stated that any reserve designation made at this time could be changed by the City Council but recommended that the total redesignated reserves of $1,396,600 and the undesignated reserve amount of $1,446,840 as outlined in his ISay 5, 1981 memo be adopted by Council. After discussion, a motion was made by Councilman James Frost, seconded by Arhtur H. Bridge and unanimously carried that Reserve Funds be redesignated as outlined in Harry Empey's May 5, 1981 memo to the City Council. F. RECOMMENDED ADOPTION OF RESOLUTION No. 81 -67 ESTABLISHING SPENDING LIMITATION FOR FISCAL YEAR 1980 -81 Hr. Empey, Finance Director, stated that this Resolution is required annually and sets forth the legal spending limitation for the City's General Fund. City Clerk, Lauren Wasserman, read the title of Resolution 81 -67 RESOLUTION 81 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALI- FORNIA CONSTITUTION. A motion was made by Councilman James Frost, seconded by Arthur Bridge to adopt Resolution 81 -67. Motion Carried 4 -1 -0 (Palombo opposed). 3. ADJOURNMENT The meeting adjourned at 8:37 to an Executive Session to discuss pending litigation, not to reconvene. Respectfully Submitted, JRobinson A s scant City Manager I. ,T_ THE ISSUE SHOULD BE DETEPUMI \-ED BY REFERENDL^i. Fi73U Yeti-!,. / �1 -AIL �4oY� y�i..�e� - cica�wad \'J Irk i1-�� _ s / �� „��_ ,.,, •� -- F. 730 r--s-'2 =1 4 E. WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. 3 4or,-w, C s1- / !'i i U '. r, / WE BELIEVE, THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. A MEDIUM /NIGH DENSITY PROJECT IMMEDIATELY ADJACENT IS CONSIDERED UNACCEpTABLE. WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM, WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. NAME ADDRESS 3o Ll-- 14. 9 19 30 )(,a ca 1.76) WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. e. r D A/t CQ- t,) # 0C� C>A)A- / (�a M /?- _V _ / S. a >.,. ' 47,t, ?e- a „_,M -:..,_ / moo_ ,r.,-_. . AW 1 'i Asa j &itr C . 1/7-36 BE nz NAME ADDRESS BE DETERMINED By REPERENDM. 7 NE BELIEVE THE ISSUE SHOULD BE DETE1piIRED By EEnEENDIM. DE BELIEVE 'Ad ISSDS MOULD BE DETER INED BY RE►ERER]DM. i ME BELIEVE THE ISSUE SHUM BE DETERMINED By WEB6MN. B ' ,'- to 0 RE BELIEVE THE ISSUE SRUM BE DETERMINED BY REIERENDUM. Rom ADDRESS NE WUEVE YRE ISSUE SRDDID BE DEMKINED BY REPEMMUM. MOM AMRESS 3, F' A NE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM . IS o ABLE. WE BELIEVE THE ISSUE SHOULD BE DETERMINED By REFERENDUM. GIn R vi la's. Uc T.al <RQs Tcn Io0 4 ck? Cu c.gmti lr r -' ?t -f t 1i n., / t7 1, ii. 2,36 ,iea `l)� ID 73� WE BELIEVE rid ISSUE SWOW BE DEIBBMIMB BY RMINNI M. ✓e.i X. WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. NAME ADDRESS WE THE UNDERSIGNED DO HEREBY SIGNIFY OUR OPPOSITION TO THE TOWNHOUSE DEVELOPMENT AS PROPOSED BY THE MARLBOROUGH CORPORATION, ON THE VACANT PROPERTY WEST OF RAMONA STREET, SOUTH OF CHURCH STREET, EAST OF ARCHIBALD AVENUE. WE PRIMARILY OPPOSE THE DENSITY OF THE PROJECT AND RECOMMEND THE REQUESTED ZONING CHANGE NOT BE APPROVED SINCE THE SURROUNDING AREA CURRENTLY CONSISTS MAINLY OF SINGLE FAMILY RESIDENCES. A MEDIUM /NIGH DENSITY PROJECT IMMEDIATELY ADJACENT IS CONSIDERED UNACCEPTABLE. WE BELIEVE THE ISSUE SHOULD BE DETERMINED BY REFERENDUM. d 1 ii 11