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HomeMy WebLinkAbout1981/10/21 - Agenda Packet0 MY Of RANCHO CUCANICNGA CITY COUNCIL AGENEA Lion's Park Community Center 9161 Base Line Road Rancho Cucamonga, California October 21, 1981 All items submitted for the City Council Agenda must be in writing. The dead- line for submitting these items is 5:00 p.n. 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_, Mikels_, Falombo_, Bridge_, and Schlosser_ • C. Approval of Minutes: 2. ANNOUNCEMENTS. a. Thursday, October 22, 1981, Advisory Commission. Lion's Park Community Center - 7:00 p.m. b. Thursday, October 22, 1981, Etiwanda Town Meeting. Etiwanda Middle School - 7:00 p.m. 3. CONSENT CALENDAR. RQ,� 4, The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. a. Approval of Warrants, Register No. 81- 10 -219 in the 1 amount of $530,812.70. b. Acceptance of Tract 11350, Bonds and Agreements - Lesney 4 • Development Co. Recommend that Council accept the subject tract, bonds, and agreement located at the northwest corner of Base Line and Hermosa. .y City Council Agenda -2- October 21, 1981 RESOLUTION NO. 81 -146 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11350. c. Acceptance of Real Property Improvement Contract and Lien 18 Agreement for Tract 11350 - Lesney Development Co. Recommend that Council accept the Real Property Improve- ment Contract and Lien Agreement for Tract 11350 for a median island on Base Line. Subject tract is located at the northwest corner of Base Line and Hermosa. RESOLUTION NO. 81 -147 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LESNEY DEVELOPMENT CO. AND _ AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. • Approval of Cooperative Study on the Day - Etiwanda -San 24 Sevaine Drainage System. Recommend approval to proceed on a cooperative drainage study to establish a plan for Day, Etiwanda, and San Sevaine Creeks and authorize $15,000 to fund the city portion. e. Award of Street Striping and Pavement Marking Services 45 Contract. Staff recommends that Safety Striping be awarded the contract as the lowest bidder at $25,155. f. Demens Channel Pedestrian /Equestrian Bridge Agreement. 47 - Recommend approval of agreement with San Bernardino County Flood Control District for the construction of the Demens Channel pedestrian /equestrian bridge. RESOLUTION NO. 81 -160 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING NEED FOR AND AUTHORIZING CONTRUCTION OF A PEDES- TRIAN /EQUESTRIAN BRIDGE ACROSS DEMENS CHANNEL. g. Intent to Order Annexation No. 7 to Landscape Maintenance 61 District No. 1 for Tract 9584 and 9584 -2. Recommend that Council approve the annexation of the subject tracts -- to the Landscape Maintenance District No. 1. • City Council Agenda -3- October 21, 1981 RESOLUTION NO. 81 -161 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 7 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACT 9584 AND TRACT 9584 -2). RESOLUTION NO. 81 -162 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXA- TION NO. 7 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. (TRACT 9584 AND TRACT 9584 -2). h. Acceptance of Tract Map 9584, Bonds, and Agreement - 69 • Deer Creek Company. Recommend that Council accent the subject map, bond, and agreement from Deer Creek Company. Subject tract is located east of Haven, north of Hillside Road. RESOLUTION NO. 81 -163 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584. I. Acceptance of Tract Hap 9584 -2, Bonds and Agreements - 79 Deer Creek Company. Recommend that Council accept bonds, agreement, and the subject map; located east of Haven, north of Hillside Road. RESOLUTION NO. 81 -164 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 -2. J. Acceptance of Bonds and Agreement for D.R. 79 -06 - 89 Fredricks Development Corporation, located at the northwest corner of 19th Street and Ramona Avenue. Recommend that Councii accept bonds and agreement for Director Review 79 -06. City Council Agenda -4- October 21, 1981 90 RESOLUTION NO. 81 -165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 79 -06. k. Release of Bonds: 97 -Tract 9440 - located on the west side of Hermosa, north of Banyan. Owner: Crismar Development Co Release Road Maintenance Guarantee Bond $6,402.48 -Tract 9434 - located on the south aide of 19th Street, east of Haven Avenue. Owner: Chevron Construction Co. Release Road Maintenance Guarantee Bond $6,400.00 -Tract 9617 - located southerly of Foothill Blvd., west ` • of Hellman Avenue. Owner: M. J. Brock 6 Sons, Inc. Release Monumentation Bond $2,659.00 - Parcel Map 5157 - located at the northwest corner of Haven Avenue and 4th Street. Owner: John D. Lusk 6 Son. / ^l Release Monamentation Bond $3,250.00 ( �. 1_ '�uarterly Financial Report. It is recommended that Council 98 approve t e`Fi�f%iW g �CE%ns: (1) Deactivate Central Services Fund No. 55 and the fund balance of $167,458 be transferred to the General Fund. (2) Balances from the Traffic Safety Fund of $15,815 and Revenue Sharing Fund of $207,256 be transferred to the General Fund. (3) $128,809 be transferred from the Reserve Funds to the General Fund to counter the short fall in motor -in -lieu fees. i, • City Council Agenda -5- October 21, 1981 4. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 105 80 -12 (IT 11663) - MARLBOROUGH DEVELOPMENT CORPORATION. A total development of JR townhouses on 40 acres in the R -2 zone, 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. Recommended that Council approve Ordinance No. 153 apnrov- ing Planned Development No. 80 -12 and the issuance of a Negative Declaration. ORDINANCE NO. 153 (second reading) 105a 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 CF RAMONA, CONSIST- ING OF APPROXIMATELY 40 ACRES, FROM R -2 TO R -2- P.D. • B. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 81 -02 - _ LEWIS. A proposed change of zone from R -1 (single family residential) to R- 1- 20,000 (single family resi- dential 20,000 sq. ft. lot minimum) on 52 acres of land located on the south side of Summit Avenue between Etiwanda and East Avenues - APN 225 - 181 -04 through 09, 26, and 43. Recommended that Council approve Ordinance No. 156 approv- ing Zone Change No. 81 -02 and the issuance of a Negative Declaration. ORDINANCE No. 156 (second reading) 121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 225 - 181 -4 THROUGH 9, 26, AND 43 FROM R -1 TO R -1- 20,000 LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE, BETWEEN ETIWANDA AND EAST AVENUES. E City Council Agenda -6- October 21, 1981 • C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 80 -04 (TT 11614) - DEVELOPMENT GROUP. A change of zone from R -1 and R -1 -5 to R- 3 /P.D. for a total planned develop- ment of SO single family attached units on 10.1 acres of land generally located on the west side of Ramona at Monte Vista Avenue - APN 202 - 181 -05, 06, and 16. Recommended that Council approve Ordinance No. 157 approv- ing Planned Development No. 80 -04 and the issuance of a Negative Declaration. ORDINANCE NO. 157 (second reading) 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 181 -05, O6, 16 FROM R -1 AND R -1 -5 (SINGLE FAMILY RESIDENTI TO R- 3 /P.D. (SINGLE FAMILY RESIDENTIAL /P DEVELOPMENT) GENERALLY LOCATED ON THE WEST SIDE OF RAMONA AT MONTE VISTA AVENUE. D. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 81 -03 DAON. A proposed change in zone from M -2 (general • manufacturing) to C -2 (general business commercial) on 18 acres of land located on the northeast corner of Arrow and Haven - APN 208- 622 -01. Recommended that Council approve Ordinance No. 158 aonrov- ing Zone Change No. 81 -03 and the issuance of a Negative Declaration. ORDINANCE NO. 158 (second reading) 123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 622 -01 GENERALLY LOCATED ON THE NORTHEAST CORNER OF HAVEN AND ARROW, FROM M -2 TO C -2. E. UNIFORM SCHOOL FEES - ELEMENTARY SCHOOL. DISTRICTS. 124 Council directed staff at the last councli meeting to draft an ordinance which would implement a uniform school fee. A development fee of $1100 would be anolied to single family homes with a fee of $550 for mobile homes and all multi- family developments containing two or more bedrooms. It is recommended that Council set November 4, 1981 for second reading and adoption of Ordinance No. 69 -C. 10 City Council Agenda -7- October 21, 1981 • ORDINANCE NO. 69 -C (first reading) 125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUB- SECTION "A" OF THE SECTION 16.24.080 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PRO- VIDE FOR AN INCREASE IN THE FEES IMPOSED FOR THE FINANCING OF INTERIM SCHOOLS. 5. CITY MANAGER'S STAFF REPORTS. A. AWARD OF CONTRACT TO CONSTRUCT PORTION OF PALO ALTO 127 STREET. Recommend Council approve contract with American Asphalt to complete the northerly half of Palo Alto Street in conjunction with Dona Merced School. RESOLUTION NO. 81 -166 128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CONSTRUCTION OF PALO ALTO STREET AND DECLAR- ING THE EMERGENCY NATURE OF THE PROJECT. B. REQUEST DIRECTION FROM COUNCIL REGARDING DECEMBER REDEVELOPMENT MEETINGS. An oral report will be presented by Lauren Wasserman. C. REQUEST TO AUTHORIZE STAFF TO SEEK PROPOSALS FOR 130 ARCHITECTURAL SERVICES FOR RANCHO CUCAMONGA CIVIC CENTER. Staff report by Jim Robinson. 6. CITY ATTORNEY'S REPORTS. 7. ADJOURNMENT. iJ 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, October 21y 1981. The meeting was called to order at 7:04 p.m. by Mayor pro tem Arthur H. Bridge. Present were Councilmen: James C. Frost, Jon D. Mikels, Michael A. Palombp, and Mavor pro tem Arthur H. Bridge. Also present were: City Manager, Lauren M. Wasserman; Assistant City Attorney, Robert Dougherty; Assistant City Manager, James Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hobbs; Finance Director, Harry Empey. Absent: Mayor Phillip D. Schlosser who was in Europe on business, and Community Services Director, Bill Holley. 2. ANNOUNCEMENTS. a. Mr. Wasserman requested an addition to the Agenda; item 5F, Revenue Sharing, which had been advertised as a public hearing and had been inadvertently omitted from the agenda. b. Mr. Wasserman also requested that Consent Calendar item d be changed to item 5A. C. Councilman Palombo requested that Consent Calendar item 1 be removed until he talked with the Finance Director since he had some questions. He would see him during a break time. Council could discuss item as a staff report number 5E. 3. CONSENT CALENDAR. a. Approval of Warrants, Register No. 81- 10-21, in the amount of $530,812.70. b. Acceptance of Tract 11350, Bonds and Agreements - Lesney Development Co. Recommend that Council accept the subject tract, bonds and agreements located at the northwest corner of Base Line and Hermosa. RESOLUTION NO. 81 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11350. c. Acceptance of Real Property Improvement Contract and Lien Agrement for Tract 11350 - Lesney Development Co. Recommend that Council accept the Real Property Improvement Contract and Lien Agreement for Tract 11350 for a median island on Base Line. Subject tract is located at the northwest corner of Base Line and Hermosa. RESOLUTION NO. 81 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM LESNEY DEVELOPMENT CO. AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. menc.s that Uafety Striping be awarded the Contract as the lowest bidder at $25,155. f. Demens Channel Pedestrian /Equestrian Bridge Agreement. Recommend approval of agreement with San Bernardino County Flood Control District for the Construction of the Demens Channel pedestrian /equestrian bridge. RESOLUTION NO. 81 -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING NEED FOR AND AUTHORIZING CONSTRUCTION OF A PEDESTRIAN/ EQUESTRIAN BRIDGE ACROSS DEMENS CHANNEL. g. Intent to Order Annexation No. 7 to Landscape Maintenance District No. I for tract 9584 and 9584 -1. Recommend that Council approve the annexation of the subject tracts to the Landscape Maintenance District No. 1. RESOLUTION NO. 81 -161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING IT3 INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO, 7 TO LANDSCAPE MAIN- TENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OP 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (Tract 9584 AND TRACT 9584 -2). RESOLUTION NO. 81 -162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINkRY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 7 TO LANDSCAPE MAINTENANCE DISTRCCT NO. 1. (TRACT 9554 AND TRACT 9584 -2). h. Acceptance of Tract Map 9584, Bonds, and Agreement - Deer Creek Companv. Recommenu that Council accept bonds, agreement, and the subject man; located east of Haven, north of Hillside Road. RESOLUTION NO. 81 -164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 -2. j. Acceptance of Bonds and Agreement for D.R. 79 -06 - Fredricks Development Corporation, located at the northwest corner of 19ch Street and Ramona Avenue. Recomned that Council accept bonds and agreement for Director Review 79 -06. RESOLUTION NO. 81 -165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. 79 -06. -Tract 9434 - located on the south side of 19th Street, east of Haven Avenue. Owner: Chevron Construction Co. Release Road Maintenance Guarantee Bond $6,400.00 -Tract 9617 - located southerly of Foothill Blvd., west of Hellman Avenue. Owner: M. J. Brock d Sons, Inc. Release Monumentation Bond $2,659.00 - Parcel Map 5157 - located at the northwest corner of Haven Avenue and 4th Street. Owner: John D. Lusk 6 Son. Release Monumentation Bond $3,250.00 }:-- @nerter }r- Finnnein }- Repeet. Item removed to Staff Report No. 5E. Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar with the deletion of items d and 1. Motion carried unanimously 4 -0 -1 (Schlosser absent). 4. PUBLIC HEARINGS. NU. nU -12 Cll llbbd) - report was presented by Lam. A total development of 383 townhouses on 40 acres in the R -2 zone, 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 FAST 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. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 153. Motion carried unanimously 4 -0 -1 (Schlosser absent). Mayor pro tem Bridge opened the meeting for public hearing. Addressing Council were: Paul Brynes, Vice President of Engineering for Marlborough. Andy Solorzano, Teak Way. He stated there had been many changes in the development since it was first presented. The residents were pleased they could work with city staff to bring about the many changes. There being no further public comments, the public hearing was closed. 2. Major ingress has been rerouted up to Church Street with most traffic being directed onto Archibald. 3. Total reduction of number of units from 413 to 383. Councilman Frost inquired as to the timing of the traffic signal at Archi' .'_d. Mr. Lam responded by stating that the timing of the signal will be when C, access road comes onto Archibald. The signal will be installed at that time. Motion: Moved by Palombo, seconded by Frost to approve the zone change for Planned Development No. 80 -12, approve the issuance of a Negative Declaration, and approve and adopt Ordinance No. 153. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge. NOES: None. ABSENT: Schlosser. 4B. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 81 -02 - LEWIS. Item was introduced by Lauren Wasserman. A proposed change of zone from R -1 (single family residential) to R -1- 20,000 (single family residential 20,000 sq. ft. lot minimum) on 52 acres of land located on the south south side of Summit Avenue between Etiwanda and East Avenues - APN 225- 181 -04 through 09, 26, and 43. City Clerk Wasserman read title of Ordinance No. 156. ORDINANCE NO. 156 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 225 - 181 -4 THROUGH 9, 26, AND 43 FROM R -1 TO R -1- 20,000 LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE, BETWEEN ETIWANDA AND EAST AVENUES. Motion: Moved by Palombo, seconded by Mikels to waive the further reading of Ordinance No. 156. Motion carried unanimously 4 -0 -1 (Schlosser absent). Mayor pro tem Bridge opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Mikels, seconded by Palombo to approve the zone change :'y aporoving Ordinance No. 156 and to approve the issuance of a negative declaration. ::otion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge. NOES: None. ABSENT: Schlosser. 4C. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 80 -04 (TT 11614) - DEVELOP- MENT GROUP. Lauren Wasserman introduced the item. City Clerk Wasserman read the title of Ordinance No. 157, ORDINANCE NO. 157 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 181 -05, 06, 16 FROM R -1 AND R -1 -5 (SINGLE FAMILY RESIDENTIAL) TO R- 3 /P.D. SINGLE FAMILY RESIDENTIAL /PLANNED DEVELOPMENT) GENERALLY LOCATED ON THE WEST SIDE OF RAMONA AT MONTE VISTA AVENUE. Motion: Moved by Palombo, seconded by Frost to approve the zone change by approving Ordinance No. 157 and to approve the issuance of a negative declaration. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge. NOES: None. ABSENT: Schlosser. 4D. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 81 -03 - DAON. Item was introduced by Lauren Wasserman. A proposed change in zone from M -2 (general manufacturing) to C -2 (general business commercial) on 18 acres of land located on the northeast corner of Arrow and Haven - APN 208 - 622 -01. City Clerk Wasserman read the title of Ordinance No. 158. ORDINANCE NO. 158 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL 'AMBER 208 - 622 -01 GENERALLY LOCATED ON THE NORTHEAST CORNER OF HAVEN AND ARROW, FROM M -2 TO C -2, Motion: Moved by Palombo, seconded by Frost to waive further reading of Ordinance No. 158. Motion carried unanimously 4 -0 -1. (Schlosser absent). Mayor pro tam Bridge opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Mikels, seconded by Palombo to approve the zone change by approving Ordinance No. 158 and to approve the issuance of a negative declaration. Motion carried by the following vote: Frost, Mikels, Palombo, Bridge. NOES: None. ABSENT: Schlosser. 4E. UNIFORM SCHOOL FEES - ELEMENTARY SCHOOL DISTRICTS. Item was introduced by Lauren Wasserman. Council had directed staff at the October 7 meeting to draft an ordinance which would implement a uniform school fee for all the elementary school districts. A development fee of $1100 would be applied to single family homes with a fee of $550 for mobile homes and all multi - family developments containing two or more bed- rooms. City Clerk Wasserman read the title of Ordinance No. 69 -C. ORDINANCE NO. 69 -C (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUB - SECTION "A" OF THE SECTION 16.24.080 OF THE RANCHO COCA - MONGA MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN THE FEES IMPOSED FOR THE FINANCING OF INTERIM SCHOOLS. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 69 -C. Motion carried unanimously 4 -0 -1 (Schlosser absent). Mayor pro tam Bridge opened the meeting for public hearing. There beine no response, the public hearing was closed. Councilman Frost pointed out that this would increase the cost of new housing for people. a 4F. ADDED ITEM: REVENUE SHARING. Lauren Wasserman introduced the item. Item had been inadvertently left off the Agenda. However, advertising had been made and several were present to address the issue. Mr. Wasserman stated that because of changes in the apportionment, there were approximately $57,000 additional funds. Therefore, Council must hold pd•Iic hearings on how to fund the $57,000. In the past Council has directed the revenue sharing funds toward offsetting the costs of the sheriff's contract. It is staff's recommendation that this additional amount also be directed toward public services. Mayor pro tem Bridge opened the meeting for public hearing. Addressing Council was: Herb Williams, who works at the Neighborhood Center on Arrow. He pointed out that the Center needed improvements in the kitchen ; namely, ventilation and additional space. He stated that they are serving approximately 1300 meals each month from the small inadequately ventilated kitchen. He also pointed out that there was inadequate parking space for the number of people that used the facility. Nellie Ayala, who also works at the Neighborhood Center dispensing food. She concurred with Mr. Williams in that the kitchen was too inefficient with poor ventilation and inadequate space. There being no further public input, Mayor pro tem Bridge closed the public hearing. Councilman Mikels asked staff to look into the parking congestion. Mr. Wasserman stated that the City had received petitions from the senior citizens today and staff was already looking into this. Perhaps something could be worked out with the Chino Basin Water District regarding joint parking. Councilman Frost recommended that the item be continued to the November 4 meeting for the second public hearing. Council concurred. Mayor pro tem Bridge called a recess at 7:55 p.m. The meeting reconvened at 8:00 with all members of Council and staff present. 5. CITY MANAGER'S STAFF REPORTS. 5A. AWARD OF CONTRACT TO CONSTRUCT A PORTION OF PALO ALTO STREET. Mr. Hubbs pre- sented the staff report. Mr. Hobbs stated that this item had not been included in the budget. However, staff felt it was the best approach to enter into a contract now with the school's contractor, and to complete the work at the same time. It would be cheaper to do this than to go out to bid ourselves. Mayor pro tem Bridge opened the meeting for public hearing. There being no response, the public hearing was closed. Mr. Hubbs stated that no action would increase expenditure. The school's contractor would be there now. We would have to go out for bids. There would be a time loss, advertising costs, and we could end up with higher costs. Councilman Mikels asked Mr. Hobbs if he felt confident that the situation which developed has been worked out so that there would not be a reoccurrence of this happening again. Mr. Hobbs answered that hopefully this would not occur again since we have made out position clear with the school district. Mr. Hubbs pointed out that at this time it was more cost efficient to use the school's contractor. He said the school district has stated that thev would not use the architect of this project again. Councilman Mikels asked if there was a way we could be assured that this would not happen again by somehow checking before the plans go to the State. Mr. Hubbs stated that it would take the cooperation of the school districts. He felt in this case that the school district had learned its lesson. We have not had any problems with any other school district in the past. Mr. Wasserman asked if whether a letter to the school district's superintendent and board to indicate council's concern and that we did not want it to happen again would be appropriate. Motion: Moved by Mikels to approve using the school district's contractor to complete the street and to send a letter to the school district's school board and superintendent indicating our concern that it not happen again. Councilman. Frost stated that as a matter of courtesy perhaps we should require school districts that the city review plans before sending them to the State. Mr. Hobbs said there was no simple procedure to accomplish this. A school district is not under any legal mandate to seek the city's approval. Councilman Mikels stated that one concern we must be concerned with and that is our liability exposure. Councilman Frost disagreed. He said the school district is in the same position as the city with a fixed budget. Mikels suggested that a subcommittee of the council meet with the school district board to resolve the problems. Motion: Moved by Frost, seconded by Palombo to approve the expenditure of one half of the cost if the school district agrees to bear the other half of the amount. Vote on the motion was as follows: AYES: Frost and Palombo. NOES: Bridge and Mikels. Councilman Mikels recommended the appointment of two representatives from Council as a subcommittee to work with a subcommittee of the School Board to negotiate this. Mr. Dougherty suggested that a special meeting could be held on Thursday, October 29 to approve the final negotiations. Motion: Moved by Mikels, seconded by Frost to appoint a subcommittee to negotiate with a subcommittee of the school board and to set a special meeting of the council for Thursday, October 29 at 6:00 p.m. in the Lion's Park Community Center to finalize the problem. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, NOES: None. ABSENT: Schlosser. Council concurred in appointing Councilman Mikels and Council Frost to this sub- committee. reading of the ordinance which must be at least five days after the first reading. Staff recommends the date of December 23 at 6:00 p.m. for the special meeting. General concensus of Council was to approve the date if necessary, but for staff to try to cut the process in order that the second reading could be done earlier. 5C REQUEST TO AUTHORIZE STAFF TO SEEK PROPOSALS FOR ARCHITECTURAL SEE IC 9 FOR THE RANCHO CUCAMONGA CIVIC CENTER. Staff report by Jim Robinson. Mr. Robinson pointed out that the city has been at a disadvantage since the county has selected their architect and construction managers. He said the city does not want to be left with an area designated on the site which may prove to be incompatible with a future city hall. He recommended that Council authorize staff to seek qualification statements from potential architects to design the future city hall and to assist in the completion of the master plan for the site. And, that council also make appointments to a selections committee to review potential architects. Motion: Moved by Frost, seconded by Mikels to authorize staff to send out requests for qualifations, and to appoint a selections committee comprising of two council members, two planning commissioners, and three staff members. Motion carried 4 -0 -1. Councilman Bridge suggested that the planning commissioners be selected by the council. Motion: Moved by Bridge, seconded by Frost to appoint Phil Schlosser and Jon Mikels as council appointees to the selections committee, and to have the sub- committee select the two planning commissioners to serve with them; and to have the selections committee pick three or more of the top applicants to present to council for final selection. Motion carried 4 -0 -1 (Schlosser absent). 5D. ITEM FROM CONSENT CALENDAR: APPROVAL OF COOPERATIVE STUDY ON THE DAY- ETIWANDA- SA.Y SEVAINE DRAINAGE SYSTEM. Report by Lloyd Hubbs. Staff had recommended approval to proceed on a cooperative drainage study to esta- blish a plan for the Day, Etiwanda, and San Sevafne Creeks and to authorize $15,000 to fund the city portion. Mayor pro tem opened the meeting for public input. There being none, the public portion was closed. Motion: Moved by Mikels, seconded by Palombo to approve the staff's recommendation subject to the following conditions: 1. There be a cost sharing of $15,000 from Fontana, Ontario, and $30,000 from San Bernardino and Riverside County Flood Control Districts with remaining funds coming from the priviate sector. 2. San Bernardino County Flood Control be designated the lead agent. 3. The $15,000 be taken from the Storm Drain Fees. Motion carried unanimously 4 -0 -1 (Schlosser absent). Motion: .ad ar by .s to recommendations by staff: 1. Deactivate the Central Services Fund No. 55 and the fund balance of $167,458 be transferred to the General Fund. 2. Balances from the Traffic Safety Fund of $15,815 and Revenue Sharing Fund of $207,256 be transferred to the General Fund. 3. $128,809 be transferred from the Reserve Fund to the General Fund to counter the short fall in motor -in -lieu fees. Motion carried unanimously 4 -0 -1 (Schlosser absent). 6. CITY ATTORNEY'S REPORTS. The city attorney said he had nothing to report but requested an executive session to discuss pending litigation. 7. ADJOURNMENT. Motion: Moved by Palombo, seconded by Frost to adjourn to an executive session not to reconvene this evening, but to reconvene on Thursday, October 29, 1981 for a special meeting. Motion carried unanimously 4 -0 -1 (Schlosser absent). The meeting adjourned at 9:20 p.m. Respectfully �submitted, Beverly Authelet Deputy City Clerk ^ *7 CITY OF RA4ON CUCA4O>IGA RARR 9 VEN 0 V F Y 0 D R R A C E 11134 0141S lWh 1 411 011 %10 A 1419 01W, 11441 7144. 1541 11154 01446 9145T n144R n I44Y 1 Y151 1 5 714 714551 11451 .11`%54 5 71 n1143A 9155• )T " "5 41 ]+ E'i30 65i'1 T3l'. 7.45 ]11� 2:1) JS L: l23A 12511 Y15n i]]9 X155 155 9500 9!70 34 ?1 ansl 9[nn :U 71515 WARRANT REC ^'XILMtQR 10RVA1 J lF NFFFREM,F DISCOUNT REt 9.11 10^., n.91 nn 2.`154.95 ]94.15 23, no 10.415. J] 90 14'9.4 ]9.40 571..19 5,M11].M11 3,5;6.37 43.411 21733,49 ].]40.37 40.00 12.0 1.90 Ida 27 2,1)1. ^.D 111.t19 tl.7 UL.70- I2.01- PAGE • 1 9 ! CITY IN,H) C.UCA!3n11:A WARRANT RFCF9!CI * ON 10/211011 f.W, Y F IT U O R N A M E MP nis ca i NET F :p AE 4JJS 0: i1I IT�AxgL DF 9c .q ` /i" I I 2h. i0 " ^4 4307 Srl•ILI V1P:1'11A W /'1/11 15,99 ' "h 4!04 iTorFt7••71111. 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IF LIT 110 /2t 1111 10%•1181 21.50 — 11^-52 4114 5 JU ^A 1 ^ /'1 / ^3 122.09 5.00 I.4 46 ^1 ;t �V, n AL TFIFf -VIII° C^ 10/.'t /ill 3.023.2A Oars 4119 o: y- C11:i OLTANTS 110 /21111 21700.011 n"0401 4715 GAG-.f, Jr PJY P 1n /21 191 250.00 0.1:47 794 F.-M K YNFIS ^N IO / ?I /al 34,391.36 079:1 411 11PRM r;nlfil 1.11'IIC 101211al 142.50 _ :1.159 441.1 f.AkY 91YI) ` LOUI(: IO /%1161 120.00 O::-K` 411) -I,•tArY. WILL 14.1 1 to /Jl /511 1 00.:)0 0,:051 4'11•• V''LLIn1Y nrfK Cn INC I0121/61 4,11.54 4111. 1.11 LI "Ir- Ca W-1 /91 66.22 01 1115' 911 11,32 V: "STmItT IGV SPEC 1C/21 tilt 115n3.13 09954 4'1, µu•1. JULIE In121 111 500.00 nl.155 Silo I9H 14/21 /81 861`.51 1rl" 5175 III- CITY NiT ASSOC 111/21/91 29.50 n 019.1 '12.1 C R JA.3f.HKF INC 1411/11 A1.54 0' 159 111 ,II •'S x••! 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IPPLY CO n. -)Ir )61: 11.11 V ^9'" •1 ^1' COlrR 7145 1r.'.:' (�•[A`.qr lr.�FR O:I9f9 Tfln P.1S "R SAL CS , -p 0An T /tl nAIT^•" Sn FS T P-1 O ann3 "II I'll, C11 1`1Il p'tIN1(Nf OFI"3 7;115 PI -.:P'SS'rVLLrTtl 04 -• "4 dnh5 vlF (IY. 51 CP:rStl SFRVICH PIJ IS t01^)) PIAOLi TTI` Rc IAIP 110.141 1311591:CUI Fra -.J n9tnl4 BR5 PIT) (A +-RA CFNT(R p? ^f.9 n2'l 1':IF (•1 "d' ^'. JAViS N 0:W9.1 1122] R1-0911UF/ DANA 0v0^1 01 11 11 -ITY 9`1'1`+.: SVC ONV'V 0311 51:: l "O CL• SII'V•r 'p . O4C91 11314 4L1 CAI `,TY 0.:994 13•f SUIT, JLR'•Y .) rtp.1n5 91"!4 Sr Ai[ SUPVl'IS ST ^RF P. 196 013P SFV`•' DAY AJIO PA ?TS oblPlr 01l) SC "VLF JtinY ISJe4 YET') VFV'l.'FR CP. v39n 05(99 all. :, l''RA L'LIF FolsO4 C-: 1:'9 394 Ir ..1bT W-IL 'T-L FFO - 11l_ S .T rl,tf'.AS C:' I ^2 lily' Sr r1. OP1,13 1471 00IO4 946' SVI11 C.C7.TC1 -L SPLY G MF eel ^.s iso; C'19^ lnll1 Usii SUP, Tr CP PIC I r!F. T.0 :T OCCUNPIT 1.•a••.• •11� O11^1411, SI091 ". DICK nvinn --f 1N T. g'!V.41- F',TILi I %C p':I10 111; • "J PACIFIC 1STR M 00111 917-, 111K C CV.01,71.Y I -ILS 0C111 1!35 PIAo Ph3Tn 9911' 1.11.1 11`p 4A. GF: PGF 0:1116 91 G0 V ^:,.U, _ ICtl1 rr'T° L SF �I'F'!CAL LAO �G.-I.117 J�PIt. (IN 12.1 • 9F121 0 >1» 11.•1, f Li »r.l • Ih55t 9fuf 9301 9515 9575 vii 5 LA f4I. r VARS ANT MCC5IK IL �Y 10 /il /01 N4Rp ..I1 1111^ LLL ntSCOUNT ^ATv PFFfRC'.!F FI11AL 7TIT4LS J P4r 3 AFT , 5n,•ID 121. I1. 7 11 1(.99 :.21 121.21 J M1.h(1 594. tq J 627.9111 1 6,41 21.0.99 z. a9r,. T9 I T9.65 6.'12M1.4$ 1 4.40 653.411 1.967.44 15.09 In5.'1J J 5.931.44 125.25 46. 4'6.24 24 zsn.n0 .50 103.14 lOx.00 29.70 6n.00 13.14 I J IO.Dn 169.30 tot.5o 4 ?.x4 7.10. 29,308.15 15 3.200.29 160.52 o.0n 0,672.41 8.2T- 53U,012.i0 I ' i �i :e 0 • 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 21, 1981 " `= F_ TO: City Council and City Manager O� FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Jr., Assistant Civil Engineer SUBJECT: Acceptance of Tract 11350, Bonds and Agreements Lesney Development Company The subject map, located at the northwest corner of Base Line Road and Hermosa Avenue is submitted by Lesney Development Company; it was tentatively approved by the Planning Commission on November 26, 1980 for the division of 10 acres into 117 lots for 114 units of planned development. An agreement and bonds have been submitted in the following amounts to guarantee the installation of off -site improvements: Faithful Performance $420,000.00 Labor and Material $210,000.00 Letters of approval have been received from Chaffey Union High School and Alta Loma School Districts. C. C. & R's have been approved by the City Attorney. RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing the acceptance of bonds and agreement and the signa- ture of said map. Respectfully submitted, C LDH:JS:bc Attachments RESOLUTION NO. 'S - w(A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11350 WHEREAS, the Tentative Map of Tract No. 11350, consisting of 117 lots, submitted by Lesney Development Company Subdivider, located at the northwest corner of Base Line Road and Hermosa Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet_ the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; and, 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, mayor • ATTEST: Lauren,M. Wasserman, City Clerk F4- 4 a wl- Tr, AC 'r IV E V S. 0 N 5 I ............. IV E V S. 0 N 5 I • CUCAMONGA COUNTY WATER DISTRICT VICTOR A. CHERBAK. JR,. P-111.1 September 24, 1981 City of Rancho Cucamonga Engineering Department P. O. Box 807 Rancho Cucamonga, California 91730 Attention: Mrs. Barbara Krell V.—P ... u.,, FRANK LESINSKY S.. IN". I --, Ty-'- LLOYD W. MICHAEL Dirt CHARLES T, VATH EARLE R. ANDERSON ROBERT NESBIT Gentlemen: Lesny Development Company, Developer of Tract No. 11350, • situated in Rancho Cucamonga, have deposited with this District a Material and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement. These bonds and agreements, previously filed with the County, are now being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District. In addition, this letter is to verify that the above refer- enced Developer has complied with all requirements for de- velcp-,ent that are mandated by District policy. Yours truly, CCC;,::O;GA COUNTY WATER •DISTRICT (; am n T C >.nc, Jr,/ Ass>_stant Civil Engineer 071C: 1;; rol C CHAVFEY JOINT UNION HIGH SCHOOL DISTRICLP,,,..1W9yw;;--w- JIO 241 11110 FIFTH STREET. OM51110. CALWORMIA 11052 qf. r ivi.n4aeanq p.... VUUrtt wswn..e[e wrwn...¢, wanwwparnoLwu [r.n[Vn.[.rwp.oetu.q. nwrtu....rmo wwn[Yn.4 wtln. T.[M�un Letter of Certification/ of School District Capacity t: ^ia the C-arfey-_J_o_in.t aninn Tli gh Schaol District and the Alta Loma N. f— _ - attendance 5oulicaries for the- ta n: 3ecte i.or.,�ior�!nes <:ription: Tract 11350 Baseline 8 Hermosa Ave. horror= of liweJ J. i. airs 114 (Townhouses) A;iticiu:ated Completion Rafe: September 1, 1982 Thin school district hereby csr,tifies that tilt: capacity for 17 studnnts will be provided within 24 months of the c:1.Cciun of the above project. ^ahi5 certification is gi.ot:n cn t9up cin-dition that the Stata of California continues to I- the pro•:isions of Lae Leroy G. Greene Leasa /Purchose Act. o% 1976, or any successor Act, in such mariner that the state P11r ;cation Board r „ay fund all school building projects under its curraant rules anJ regulations wi Lhout priority points. Thu- commitmo-^-t of this capacity shall expire GC days frcm the i, tv o!: thir. lntter. Appvoval of thn final. map or tluu lesoancr- u: bpi.Jr'.in ^, permits by tba City of f:accho Cucr:cloaga within. -0b.1L 60- -day p•er Joel shalt, validste such commitment. rdnui't;TsLL sa�rcrinunac ^t btC0.<.�...L.A_ ( 1LiC11 cc: PJor,ning ni.visinn September 11, 1981 Ci Ly of :tanchn Car-, monoa nom. M Established 1885 BOARD OF TRUSTEES ROBERT 5. FROST ROBERT W. TANGEMAN MRS. NANCY K. KETTLE MRS, SANDRA A. OERLY JOAN C. BOOK to 0 Alta Loma School District - - 9350 F Baseline Road - Past Office Box 370 Rancho Cucamonga, California 91701 . 714/987.0766 JOHN' E. McMURTRY 5aprnmradrn4 October 13, 1981 FLOYD M. STOpK Date Pr..rrVsapp,t Srrvaes STACY NEES" etu�nr :: Srmrrs MILLY STRAVA Camn.lum/Sprnal Projects LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY V an JC! Within Alta Loma School District and Alta Loma School an District attendance boundaries for the following CO, Y described project: as Location /Description Tract Number 11350 Northwest corner of Baseline and Hermosa Number of Dwelling Units Anticipated Completion Date August 1982 Gentlemen: The Alta Loma School District hereby certifies that the capacity for 35 students will be provided' within 24 months of the completion of the above project: This certification is given on the condition that the State of California continues to fund the provisions of the Leroy F. Greene Lease /Purchase Act of 1976, or any.' successor Act, in such manner that the State Allocations Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 day period shall validate such commitment. Sincerely, x Floyd M. Stork Administrator Personnel and Support Services cc: Planning Division, City of Rancho Cucamonga jh n i..•l.-u L.g Lm,d Gothic No. 6126 >srgin . 12 - 96 6127 • 61�61 CITY Of RANCHO CUC7d'ArIGA SUBDIVISION IRPROVEP.ENT AGREEMENT TRACT NO., 11350 CNOU ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of Califon and of the applicable ordinances of, the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as 'the City, and d ursxv oeaetoanexr Co. , hereinafter referred to as the ubdivider HITNESSETH: THAT, Ifd EREAS, said Subdivider desires to subdivide certain real property in said City as shown on the previously approved Tentative Map of Tract No. 1135o ; and, 6WEREAS, said City has established certain requirements to be met by said Subdivider as prerequisite to approval of the Final Nap of said Tract by said City; h0'A, THEREFORE, it is hereby agreed by said City and by said Subdivider as follows: 1. The Subdivider hereby agrees to construct at Subdivider's expense all Improvemen described an Page 5 hereof within twenty -four months from the date hereof. 2. This agreement shall run for a period of 12 months from the date of t resolution of the Council of said City approving said Final flap and this apr:aent. This a:roe:ent shall be G. default on the day follo.,in; the se anniversary date of said approval unless an extension of time has been granted by said City as hereinafter provided. 3. The Subdivider may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 4 weeks before the expiration date hereof, and shall contain a staic:ient of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Subdivider fails or neglects to ccnpl)' with the provisions of this agrecment, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Subdivider and /or his surety the full cost and expense incurred, S. The Subdivider shall provide mrterod '.,afor >orvice to each lot on said Tract in ac<ar once with the regulations, schedules, and fees of the Cucamonga County Rnler District. 6. Utility Subdivider shall file with the City Engineer, prior to lbu ✓ -nv n-ot of any w.uri, to Fr perfm. ed within Ll:e areas des. ribed by said map, a writtnn statrnonf. si,ord by Subdivider, and each public utility 11,plratimp involved, to the effrcl that W,divider has pride the deposit legally re ti quired by s,,,.h public ulity corporation for the coun,•ctiun of any and all public utiI itirs to he suppl ird by such Cm portion within such sut.d i, k i no, 7. Tim So Fdivider shall be prsponsible for replacement, relocation, or romoval of any cu-.pnnent of any irrigation •.ester system in conflict with ccnstnrction of required improvcuents to the satisfaction of the City Engineer and the owner of such pater system. • /D PI IMPROVEMENT AGREEMENT TRACT .:D. 11350 PAGE 2 B. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvements Plan approved b .and an file in the office of the City Engineer. Said improvements are tabulated an the Construction and Bond Estimate, hereby incorporated on page 5 hereof, as taken from the improvement plans listed thereon by number. The Subdivider shall also be responsible for construction of any transitions or other incidental work beyond the tract boundaries as needed for safety and Proper surface drainage. 9. Construction permits shall be obtained by the Subdivider from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shall be subject to the penalties provided therefor. 1D. The Subdivider shall be responsible for removal of all loose rocks and other debris from public rights -of -way wichin or adjoining said Tract resulting tram development work relative to said Tract. 11. Work done within existing streets shall be diligently pursued to completion. 12. Parkway trees required to be planted shall be planted by the Subdivider after other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting diagram approved by the City Commsnity Development Director in all locations where the adjoining lot has been completely developed and built upon. j+.. trs" rWzs,oP'M= Co. the Subdivider shall be re- spon r maintaining a trees p ante to goad health until the end of the • guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Subdivider is responsible for meeting all conditions established by the City pursuant to the Subdivision Pap Act, City ordinances, and this agreement for the Tract, and for the maintenance of all improvements constructed there- under until the Tract is accepted for maintenance by the City, and no im- provement security provided herewith shall he released before such acceptance uMass otherwise provided and authorized by the City Council of the City. 14, this agreement shall not terminate until the maintenance guarantee bond here• inaf ter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the Subdivider herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvements security to be furnished by the Subdivider with this agreement shall consist of the following, and shall be approved by the City Attorney: A. A faithful performance guarantee band assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the City. B. A material and labor payment guarantee bond assuring payment in full by the Subdivider for all mate.rialo, services, epuiprent rentals, and labor furnished to the Subdivider in the course of meeting the conditions of this agree ^.ant. C. A cash deposit with the City to guarantee ra,-unt by the Subdivider to the tract nngimgar or aurveyor •elmse cm tificate appparc ufon the Final Tract Map for the settinn of all tract Mundary, lot corner, and street center- line rmnurents and for furnishing centerline He notes to the City. The a' ^cunt of the deposit cay bin any amount certified by the tract engineer or surveyor as acceptable pap,:eut in full; or, if no value is su Flitted, the cash bond shall be as shmm on the Construction and Cord estimate contained herein. • IMPROVEMENT AGREEMENT TRACT NO. 11350 pAA9 Said cash deposit may be refunded as soon as procedure permits after receipt by the City of the centerline tie notes and written assurance Of payment in full few the tract engineer or surveyor, 0. The required bonds and the principal amounts thereof are set forth on page g of this agreement. 16. The Subdivider warrants that the improvements described in this agreement shall be free from defects in materials and workmanship. Any and all portions of the improvements found to be defective within one (1) year following the date on which the improvements are accepted by the City shall be repaired or replaced by subdivider free of all charges to the City. The Subdivider shall furnish a maintenance guarantee bond in a sum equal to five percent (5:) of the con- struction estimate of $200.00, whichever is greater, to secure the faithful performance of Subdivider's obligations as described in this paragraph. The maintenance guarantee bonds shall also secure the faithful performance by the Subdivider of any obligation of the Subdivider to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee bond has been accepted by the City, the other improvement security described in this agreement may Ce released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain, during the tern of this agreement such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement iron claims for property damages which may arise because of the nature Of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Ceveloper or any contractor or subcontractor or anyone employed by said • pa ^ern T s. ::e public liability and property eamage insurance shall also directly protect the City, its officers, agents and employees, as welt as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death lia- bility limits of not less than $300,000 for each person and S1,C00,000 for each accident or occurrence, and property damage liability limits of not less than $100,000 for each accident or occurrence with an aggregate limit of 5200,000 for claims which ray arise from the operations of the Developer in the performance of the work herein provided. 8. Automobile liability insurance covering all vehicles used in the per- formance of this agreement providing bodily injury liability limits of not less than 5200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than $50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the operations of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall hear an endorsement precluding the cancellations, or reductirn in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notifica- tion by registered nail from the insurance carrier, 1.2 • li:PROVE"ENT AGREVIENT TRACT NO, 11350 PAGE 4 As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the below described improvement security, and has affixed his signature hereto: FAITHFUL PERFO lANCE BOND Description: Principal Amount $420,000.00 Surety: Attorney -in -Fact Address: MATERIAL AND LABOR PAITENT BOND Description: Principal Mount: $210,000.00 Surety: Attorney -ia -Fact: Address: CASH DEPOSIT FsJNJ!ENTING BOND Amount stipulated by tract engineer or surveyor: • Amount as shown an Construction and Bond Estimate: $1.000.00 Amount deposited per Cash Receipt No. Date MAINTENANCE GUARANTEE BOND To be posted prior to acceptance of the tract by the City. Principal Amount: $21,000.00 IN 'WITNESS HEREOF, the parties hereto have caused these presents to be duly execyted and ackncwled;od with all formalities required by law on the dates set forth opposite their signatures. LESNY DMIAx'u= cro. /- Date, ph _ by Subdivider Rudolph J. Low, or sldrae Date v,_ by I Subdivider .....xx .............x,..ar,,....x,,... 13 CCTV OF PAWHO CUCA'SONGA, CALIFMIA a nonicipai corforation by,______.__ F'ayor A L'cs t: `city C erk — Date — �Ci[yAtforney - -� I CITY OF MACRO CCCSIOSCA CONSTRUCTION A::D BOND ESTI:ATE EYCROAChMENT PERMIT FEE SCHEDULE (Attach m "inspector's Copy ") • DATE: A., It 1S 1981 PERMIT NO. COMPETED BY: Shintu Bose File Reference Tract 11350 City Drawing %O.a 430 NOTE: Does net include torrent fee for vriting permit or pavement replacement depwlta. CONSTRUCTION COST ESTI:ATE ITEM QL'A.NTm Ir IT 0IT COST $ AMOUNT P.C.C. Curb - 12" C.F. 1206 L.F. $7.25 $ 5,743,50 P.C.L. Curb - 6" C.F. 535 L.F. 6.00 3,210.00 A.C. Bern ($200 min) 615 L.F. 4.50 2,767.50 4" P.C.C. Sidewalk 8422 S.F. 1.75 14,738.50 6" Drive >pptoach 1920 S.F. 2,50 61800.00 R" P.D.C. Cross Gutter 657 S.F. 3.40 2,233.80 Imported Ecbankmenc 17252 C.Y. 1150 25,878.00 Prepar,eiaa of 5ubgrade 92700 S.F. .15 13.905.00 Chrushed AS, Base (per inch chick) 92700 C.Y. .12 11,124.00 A.C. (over 1300 tuna) 2410 Teo 30.00 72,300.00 A.C. D/R 2" 262 S.F. 2.00 524.00 1" Thick A.C. Overlay 1728 S.F. .35 534.80 Adjeae Secer M.H. to Grade 2 Ea. 250.00 500.00 Adjua. Water Valves to Grade 4 Ea. 75.00 300.0 Street LiFhcs 8 Ea. 1500.00 12,000.00 Scree. Signs 2 Ea. 200.00 400.00 Removal of A.C. Pavement 22400 S.F. .35 7,840.00 Removal of Rock Wail 1875 L.F. 3.00 5.625.00 Removal of P.C.C. Pave-ent 30300 S.F. 1.00 30,300.00 ReE iec co rs end Ponta 3 Ea. 35.00 105.00 Concrete Block tall 50 L.F. 22.00 1,10 00 Retaining ':all - 3' 550 L.F. 18.00 9, 9 cvrr _tc ? :rla 1: - ^e_ov,l - 5.99 Retaining =all a5' 310 L.F. 26.00 8,060.00 Retaining '6.11 - 4' 120 C.F. 22.00 2,640.00 Retaining tall - 2' 50 L.F. 15.00 750.00 18" R.C.P. 340 L.F. 30.00 10,200.00 8" ASS Pipe 140 L.F. 14.00 1,960.00 Catch Basin :1.7' 4 Ea. 1500.00 6,000.00 Junction Structure 1 Ea. 1500.00 1,500.00 Local Depression 7' 1 Ea. 500.00 500.00 Outlet Structure 1 Ea. 2500.00 21500.00 Relocate Fire Hydrant 1 Ea. 500.00 500.00 Relocate e" Water Line 1420 L.F. 16.00 22,720.00 Re)OCace 4" Ga. Line 700 L.F. 20.00 14,220.00 Striping 3708 L.F.. Lump Sum 260.00 Landacaping - Parkway 20500 S.F. 2.75 56,375.00 CON.MLL'TlaN COST $357,239.10 COATLIILENCI' COSTS $62.760.90 TOT.\], 01'.STRCCTIf I: :1015 $420,000.00 L'AITHiUL i4.HFn.R%C CK BOND (100:) $420,000.00 FAROE V,D :WF.MAL BOND (50.) $210,000.00 L'JGII::.ER1:6 IDSF&;FION FEE $9,025,00 MOALHEBTA(ION BOND (CASH) $7,000,00 • • 11 BOND NO. 1.013R1 PREMIUM; $S,0 .L FAITHFUL PERFOF JVtn= 90N0 P•HEREAS, the City Council of the City of Rancho Curamonga, State of California, and /. cMNY DEVer,OPMEN'E CO (hereinafter designated a- have entered in [o an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated ,L Sint mEber z 19 91 , and identified as project , 1nsO 15 hereby referred to and made Apart hereof; and, I!Ft PEAS, said crd^r :pal 1 racuirad under the terms of said agreement to furnish a bond for the faithful performance of said agree: ant. NON, THEREFORE, we the principal and )( b£lEUAPERS IHSEPF %EE C0xPANY as purety, are held and i^ , hap unto the City o: Raccer, Cucamonca (hereinafter called 'City "), in the penal bum of Four 1 nd Yed and Trent, Thousand Dollars 1 a}O.OGO GO ) aw: ul no: ey o: :ne united States, for the payment of which sun well and truly to be made, we bind ourselves, our heirs, successors, execu- ters and administrators, jointly and severally, firmly by these presents. The condition of this chl'oaticn st such t bounded principal, his or its heirs, executors, administrators, succersoa or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, cond2- tires and provisions in the said agreement and any alteration thereof made as therein provided, on his or their mart, to be kept and performed at the tine and in the manner :herein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and 'a Va harmless City, its officers, .cents and employees, as therein stipulated, then this obligation shall baccnc null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and a.reos that no chance, ex- tension of tine, alteration or Ad d irion LO the toms of the agre(;nont or to the work. to Le purforo -d thnrrund ^_r or the s :,ee- lficnLiu::c nce:omomying the $age shall in any,ir.c affect iLn" obligation.^• on Lk bond, and it does hereby waive notice oC any Bitch channr, exto m :i ui o: ti,"', alteration or addition Lo the tnr -a of lh^ 1,,,, writ or to the 'wcr): or to this im, :tnnnrnt ho: Lnen dnly c s- cutod by the. pe;nei :,at any cnr :;tp abc vn nanad, on J moat-- --' DEVELOPERS PISDPANCE Con NNY n, • Ste nfi .•n A. Sp9p a Atror m•y- fn -(nc[ OCF.11 I [, J ✓ LESNY DEVELOPMENT CO„ A California cI,ratia urla i]]'vF P- rrr Id.n, - -- 11 }ilea% •! air.. • /'J hrlena Stovac4, hsst. Seers ury J• ao;:U 40. 103391 -A PRL.11Ci1: INCLUDED -i LABOR AND MTERIALNEN DOBD 14H cegAS, the City Council of the City If Rancho Cucamonga, State of California, and .clr n Lclp=x[nT Co. — (hereinafter designated as ^Prrncipal ") have entered into an egreer..ent whereby orincipal agrees to install and ooanleee cer- tain designated public imorovemen ts, which said agreement, dated ,A September 2 1981 , and identified as Pro- ject T 11150 1s hereby referred to and made a —p .I. hereof{ and, HFER =AS, under the terms of said agreement, principal is re- u fired bef w r * ore entariOc on the cerfo-ance of t wor ?, to file a coca and sufficient payment bond with the City of Rancho Cuca- ,00ga to .-cure the claims to which reference is .ads in Title 15 (co—. encing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOS, T9'_REFO?F, said principal and the undersigned as a Corporate surety, are held firmly bound unto the City of Rancho Cucamonc_a and all contractors, subcontractors, laborers, material - men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of TR o Hundred and Ten Thousand Dollars ( 210.000.00 ) r erNI. ur,.:shec cr labor tbereon of anv :[ind, or for arounts due under the Unemployment Insurance Act with respect to sec`. we:°. r_ la"ot,• that saac surety will pay the same in an ar,.ount not exce, dine the amount hereioabova set forth, and also in case suit is brava ht upon t s bond will pay in addition to the face amount thereof, _ Costs and reasonable expenses and fees, incleding reasonable at- torn^_y's fees, joc.:rrod by City in success -fully snfcrcite such Obligation. to be awarded and fixed by the court, and no be taxed as costs and to be included in the judgment therein rendered. It is hereby exprassly stipulated and agreed that this bond hall irate to the be rc Eit of any and all persons, co.- .panics, and corporation. entitled Co file claims under Title 15 (cop. enci.ng wits Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no el ...... ex- tension of time, alteration or addition to the tcrms of said ayra: mr, nt or the sp^cificotious accomp,vlyi ng the same eha11 in any m,00c, of Ertl. its obligAi.no on Lhis bond, and it do.. horc- by vaiv^. notice of any such chance, extension, alteration or ad- dition. 21: wI ^.:: :;5 bu Y.PI:OF, this instrrment has bcen 11111, :::ecuLrd by the Principal and suro Ly :,Love named, on `srp,_:u,r_2 DEVELOPERS ItRUR NICE CO' +PNtl LES4Y 0EVEUPaf4P W., a Califcrni: rirporatim N � .f(r ' /nil' ..y -, ^Y (•• Rud—.1111 J. Lorry, Vrs itlen. _ -�.• • s re pfien .l. SP avnnl ",' %/?? AC 6rt ne Y-in -fact toyack', Asst. ie r�'G ilr iill,: i(OVa [4., 955[. apCYVtlfy RCE24 6' 0 SOSOIVISiON 6UAPANTEE NO PERionA.CCE (SETTING OF FINAL 40SLYENTS) City Council City of Rancho Cucamonga P. 0. Be. 793 Rancho Cucamonga, California Gentlemen Pursuant to Article 8 of City Ordinance No, 28, the undersigned hereby agrees Nap All m encs shown on the final map of Tract 11350 Are Cu be At and furnished by the subdfvider's engineer o "•yar r before March 1 1 -81 specified in the certificate of onthe Enoincer And agwes to furnish tie n s thereon as required by Cnapcer 4 Article and no complete all engineering requirements specified In Section 66497,of the Subdivision Me, Act. The undersigned hands you herewith the su of $ 7,000.00 as a cash deposit, said deposit to guarantee that the monuments will be set and the notes furnished a above provided on or before the date specified and that the engineer or surveyor will be pale by he undersigned. It is father understood and agreed that in the event the undersigned fails to com- plete the above requi- ements within the time specified, the City of Rancho Cueenonga is authorized to complete said cequireeents or cause them to be completed, and the cost thereof is co be a charge against said cash deposit, and the City of Rancho • Cucamonga is authorized to make the necessary c-ansfer it= said cash deposit to the credit of the pros:: c und. It is further agreed that if the undersigned does net present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final mounments, and if the orgineer o sueyor gives the notices prescribed in Section 66:97 of the subdivision Map Act, ry the City shall pay to said engineer or surveyor, the cash deposit herein mad,.. If the cost of completing said requirements exceeds the am unt of the cash deposit, the undersigned agrees Cu pay the difference within thirty (30) days ,after receiving written statement from the Clcy of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual east of said requirement. Very truly yours, LE"ai:V pi1•prgpryplT_ Co. Subdivider Date P f i � P.O. nnv.i 536, Odl., CA vJ]lJ � AAd [esf The JCpusi[er of record (far return of any pnrtion of the cash deposit) hnil be To be signed by part Illy Isinl; his ri,;bl. to the Cash deyusit _. V, of $____is hereby ,,Ln— Icdged D.,pusit Poetic No. • Cucamonga NOTE: I. be w,ndA fully City of Rancho ill let cur C and signet, BY: Signed o City Council City Engineer Signed Copy: To SYSE i•: ids[ i 1 LJ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: .October 21, 1981 UII Q1 TO: City Council and City Manager 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Jr., Assistant Civil Engineer SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for Tract 11350 - Lesney Development Company Lesney Development Co. has applied for a building permit for the construction of townhouses on the northwest corner of Base Line Road and Hermosa Avenue. The conditions of approval for the construction of the townhouses include entering into a Real Property Improvement Contract and Lien Agreement for the future installation of one -half landscaped median island on Base Line Road. To guarantee the installation, Lesney Development Co. has entered into a Real Property Improvement Contract and Lien Agreement for the future installation of one -half of the median island, including landscaping and irrigation on meter, adjacent to their property along Base Line Road. It is recommended that the city Council adopt the attached Resolu- tion and authorize the Mayor and City Clerk to sign and accept the Lien Agreement on behalf of the City. RespRctfully submitted, LBH:JS:bc 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 LESNEY DEVELOPMENT COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. WHEREAS, Tract No. 11350, located on the northwest corner of Base Line and Hermosa, submitted by Lesney Development Company was approved on November 26, 1980; and WHEREAS, Installation of landscaped median island on Base Line Road established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by Lesney Development Company; NO'.-I, 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 21st day of October, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren Il. Wasserman, City Clerk 17A Phillip D. Schlosser, Mayor 0I A- REVISIONS , L ............... TT 9 4 �9F 1 X ....... FHERMOSA TOWNHOMES ............ CT I ") MA i r W6 Allo, ' to piton Nag Card Couriar No. 6118 H." 12 - 96 61]] Singular 61] 61] RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAIONGA 9120 -C Base Line Road Post Office Box 802 Rancho Cucamonga, California 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1981, by and between Lesav DWELarmesT m. _ (hereinafter referred to as - Developer'), and the CITY OF RANCHO CUCANONGA, 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 a Landscaped Median Island with irrigation oa meter 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 AGREE: 1. The Developer hereby agrees that they will install one -hall of the landscaped median island with Irrigation on meter , in accordance and compliance with all applicable ordinances, resolutions, rules and regulations of the City in effect at the time of the installation, Said improvemente shall be installed upon and along saeeline mad ediacent to oeveloeer's — FUUerev h•ra ins bar dmcribed • 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 not expense to the City. d. 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 in trust by these presents grant, bargain, sell and convey /to the City the following described real property situated in the City of Rancho • Cueamon ^,.a, County o3 San Bernardino, State of California, to -wit: That Portion of rot 6, Block 4, Cucamonga nomastead Association Lands, as per plat reiarded in Back 6 of Mops, Page 46 Records of said County, (Also Known as Tract 11]50) , (AM 202- 182-1]) 7 S. 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 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. a� 0 B. 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 eccated 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: DEVE W PER= CITY OF RANCHO CDCAMONGA, • CALIFORNIA, a municipal corporation LFSITY DWSW"ENT W. BY• PI!ILLIP 9CHLOSSER MeyOz ATTEST: LAUREN M. WASSERMAN City Clerk BY: Allan N Benior Vice President L STATE OF CA LIFOKNIA }55. CQCNTYOFWs Angeles Y QOn 21St I+Y Of S ✓ot.eb r![ ITL .Mlnre me.rM ,Mr nn «I. • Nnr«Y Aale m rM ler «W Cnunr[ +M Slnr. prwl +Yl +f9«rM AI an N. Lewy M lM Eenl.r VICe n «4;n I.rM «mrn ra ale mlrrMnm I.M IFr Htrt.....Fe tarMSlmnrF'MMII aM tlpn la mr ra N IFr prpF1 nM rrtnNl mr n,I F,n rMrr. nom M n111M e'"l rl 1 I ,vm[I,+Ma[YnJ�IM «tl rn mr lMl ruM tali«+Imne«t«N IM Ymr. prn+M In rn Lrvm+mMlnnn xr lorN O /O.MmY MIINEtS mYMM UJ afMW VM. ,AYnh OF:I - eA Mateo T Rur «M! «.mu+wn n,manp.« rw ra sa nn L 0 • GIXAMO� STAFF REPORT o' p F� D U L977 DATE: October 21, 1981 TO: Members of the City Council and City Manager FROM: Lloyd Hobbs, City Engineer SUBJECT: DAY- ETINANDA -SAN SEVAINE CREEK DRAINAGE STUDY As the Council is aware, the Staff and Mayor have for sometime been involved in a committee to develop a plan and financial mechanism for the completion of Day and Etiwanda Creek. This study, which to date has been funded exclusively by developers, has reached completion of its first phase. Attached for your information is a letter summary and minutes of the last technical committee meeting outlining the major conclusions of this phase. Briefly, the process has concluded that the plan should be expanded to include San Sevaine Creek and to bring Fontana into the planning process. Phase 2 of the study should begin as soon as possible to prepare a detailed master plan of the entire system. To fund this plan it has been recommended that the responsible agencies split the overall study coat with the private interest. This cost sharing has been proposed to include $15,000 each from Fontana, Ontario, and Rancho Cucamonga and $30,000 each from San Bernardino and Riverside County Flood Control District. Remaining funds would come from pri- vate interests. Also attached is a copy of the draft agreement outlining the scope of work to be conducted in phase 2. San Bernardino County Flood Control is the designated lead agent. Phase 2 would complete a master plan for the drainage area and continue financial planning to develop an implementation program. Financial dis- cussions to date have revolved around fees, assessments, redevelopment funds and grants. The most promising approach seems to involve elements of each of these options. It has been determined that any of the plane would likely require development of a Joint Powers Authority. The frame- work for this J.P.A. would be one of the first items of work in phase 2. Ca 4 City Council Agenda • October 21, 1981 Day, Etiwanda, San Sevaine Creek Drainage Study Page 2 CONCLUSION: The program to date has been an unusual model of public and private cooperation which should not be allowed to stop because of a lack of financial commitment on the part of the Public Sector. Staff is confident that the process, if continued, will result in both a suit- able plan and a funding program to allow responsible phased development of our community. RECOMMENDATION: It is recommended that the Council approve up to $15,000 from Storm Drain Fees to contribute to a cooperative program to complete planning of the Day - Etiwanda -San $evaine Drainage System. Respectfully submitted, LLOYD HUBBS City Engineer LH:jr Attachments a5 lJ • BILL MANN & ASSOCIATES Civil Engineering • Drainage — Flood Control • Special Studies October 8, 1981 File #81 -08 !' = o D, CITY OF RANCHO CUCAMONGA TO: Day & Etiwanda Creeks Drainage Plan COPAMUNITY 6EVEIOPMENT DEPT. Steering Committee OCT 12 1981 SUBJECT: Day and Etiwanda Creek Drainage Planplik P4 Committee Meeting of October 15, 198y1819110111112111213141516 The next Steering Committee meeting will be held on Thursday, October 15, at approximately 10:30 a.m. in the City of Ontario Council Chambers. There is a Zone I Flood Control District Advisory Committee meeting at 8:30 a.m. in the Council Chambers. Due to the fact most of the Steering Committee members will be attending the Zone I meeting, it was decided to follow that meeting with the Steering Committee meeting_ The Steering Committee will immediately follow the Zone I Advisory Committee meeting. • The proposed agenda is attached, along with the draft minutes of the September 17 and the final minutes of the August 28 Technical Committee meetings. Other data and information will be made available at the meeting. The following specific recommendations were made by the Technical Committee with hopeful action by the Steering Committee on October 15: Phase II of the Drainage Plan should be initiated immediately with the inclusion of San Sevaine Creek as part of the plan. A contract with Bill Mann & Associates for Phase II should be initiated. San Bernardino County Flood Control District will act as interim lead agency. See the September 17 minutes for specific recommendations. The formation of a JPA or other joint agency should be initiated. Due to the importance the need to move into hoped that most of the members can attend. 1 i Fit. an Consulting Engineer of this meeting, particularly Phase lI of the study, it is Steering and Technical Committee c�1p 823 Val Mar Road 6 San Bernardino, California 92404 • (714) 8862979 ,.: BILL MANN & ASSOCIATES Civil Engineering • Drainage — Flood Control • Special Studies DAY CREEK AND ETIWANDA CREEK • DRAINAGE PLAN Steering Committee Agenda October 15, 1981 - 10:30 a.m. City of Ontario Council Chambers 1. Opening Remarks: Supervisor McElwain Supervisor Schroeder 2. General Status of Drainage Plan 3. Action on Recommendations by Technical Committee (See 9/17 draft minutes) (a) Initiate Phase II with contract with Bill Mann & Associates (b) Establish S.B.Co. F.C.D. as lead agency (c) Enlarge study to include San Sevaine Creek • (d) Include City of Fontana and San Sevaine drainage area major developers on Committees (e) Initiate formation of a JPA 4. Funding of Phase II of Drainage Plan (a) Prior general recommendations (b) General Discussion (c) Action 5. Discussion of various methods of financing flood control facilities 6. Other 7. Closing Remarks Supervisor McElwain Supervisor Schroeder `J C 823 Val Mar Road • San Bernardino, California 92404 • (714) 8862979 DAY /ETIWANDA CREEK DRAINAGE PLAN MINUTES . TECHNICAL COMMITTEE MEETING September 17, 1981 All voting members present. Attendance list attached. San Sevaine Creek - As recorded earlier, there is a $10 million savings by combining the solution for the San Sevaine Creek with Day/ Etiwanda. Bob Nelson stated that Riverside County would support the concept of combining the solutions. Bob Schoenborn stated that pending the confirmation of the savings that the City of Fontana anuld nlcn support the combining concept. Bill Mann stated that combining the Etiwanda flows with San Sevaine was not necessarily a diversion of flows since in flood conditions, San Sevaine and Etiwanda Creeks would co- mingle anyway. Bill Mann reported that the previous, probably under- stated, estimate for the costs of the Day /Etiwanda Phase II of $81, 000 would increase by an additional $71, 000 to include San Sevaine and that the estimate on timing would go from six months to nine months, but that the timing would not delay the Day and 'lower Etiwanda Creek sections of the Study. Formal Recommendation from Technical Committee - On a motion by • Bill Budge, seconded by Bob Jackson, the Technical Committee unani- mously voted to recommend to the Steering Committee that the Phase I1 Study for Day /Etiwanda Creek he commenced immediately with the Study to include the combining of Day and Etiwanda with San Sevaine Creek flows; further that the Technical and Steering Committees he expanded to each include one member of the private and public sectors (both) of the City of Fontana; further that a contract with Bill Mann be initiated under terms acceptable to all agencies with the funding of approximately $230, 000 for Phases I and 11, spread equally between the public and private sectors, with the private sector having already contributed about $80,000 and with tentative funding by the public sector to be shared by the three cities and two counties involved; further that the San Bernardino County Flood Control District to be named the interim lead agency with the intention that a JPA or other joint agency be formed as the ultimate lead agency, with the formation started immediately. Financing - While the San Bernardino County Flood Control District would initially be the lead agency for planning purposes, the Joint Powers Agency most probably would have to be the lead agency for financing purposes. The discussion on fees contained the following: 1. That any fee, whether one [line or yearly, would not duplicate any • other fee. 2. That it would be possible to establish a specific fee either one time rY�, Day /Etiwanda Creek Drainage Plan Minutes, Teclnical Committee Meeting September 17, 1981 Page Two lJ or yearly for the water shed areas of Day, Etiwanda and San Sevaine Creeks as part of flood control zones 1 and 2. It was repeated that the IPA could act as an "umbrella" agency with each jurisdiction providing financing mechanisms underneath that umbrella. It was agreed that the next step for financing would be for each jurisdiction to study the various mechanisms (one time or yearly fees, assessment districts, redevelop- ment agencies) within its boundaries. 3. Ralph Lewis asked that the Minutes show that Lewis Homes will pay its "fair share ", that Milliken Avenue may not be the appropriate dividing line between Day and Deer Creeks, that he would like to review the ' property ownership maps as they are completed and that he does not agree with the concept of an equal fee per acre but rather that the fee should vary with a runoff factor. Recommendation from Technical Committee - It was agreed unanimously to recommend to the Steering Committee to proceed with the formation of a IPA or other joint agency regarding the overall financing scheme and that each jurisdiction study appropriate financing mechanisms within its own boundaries and that the joint agreement reflect the responsibility of • each agency and all agencies combine to complete these efforts during the Phase II Study. Flood Control /Water Conservation - It was briefly reported that a computerized analysis had indicated that there was sufficient area avail- able in the existing San Bernardino County flood control spreading grounds above Highland Avenue to provide for debris control and the storage of a full winter's worth of rain for both Day and Deer Creeks, thereby opti- mizing water conservation along with flood control with a possible substan- tial reduction in total costs. This concept is to be studied further at the next Technical Committee meeting, which will be held at 9:30 a. m. on September 24 at the offices of Williamson and Schmid located at 17782 Sky Park Boulevard, Irvine (off MacArthur Boulevard, north of the San Diego Freeway). The next Steering Committee meeting will occur October 7 at 10:30 a. m. at Ontario City Council chambers immediately following the 8:30 a. m. float control zone 1 meeting. • n./ Oi DAY /ETIWANDA CREEK DRAINAGE PLAN . TECHNICAL COMMITTEE MEETING ATTENDANCE - September 17, 1981 Bill Budge Joe DiIorio Rick Doolittle Dick Fields Bob Ilowes Bob Jackson L. Dale King Ed Levine Ralph Lewis • Stanley Liu Bill Mann Kay Matlock Bob Merrell Bob Nelson Henry Roberts Dick Schmid Rohcrt Schoent Mike Walker Shaw & Talbot RC Land Company Hall & Foreman Southern Pacific Company Santa Fe Land Improvement Company City of Ontario LD King, Inc. Southern Pacific Company Lewis Homes L & L Investments Bill Mann & Associates Lewis Homes Willdan Associates Riverside County Flood Control District Chevron Land & Development Company Williamson & Schmid )orn City of Fontanta San Bernardino County Flood Control District 33 BILL MANN & ASSOCIATES /I Civil Engineering a Drainage — Flood Control a Special Studies September 29, 1981 Mr. Mike Walker Assistant Flood Control Engineer San Bernardino County Flood Control District 825 East Third Street San Bernardino, California 92415 Subject: Day, Etiwanda and San Sevaine Creek Drainage Plan - Consultant Agreement Dear Mike: File:' 81:-0$ 'J E D CITY OF RANCHO CUCAMONGA CCMMUNITY DEVELOPMENT DEPT. CLT 8 1381 AM PM 718191101 H 112111213141516 A I have enclosed a draft of the proposed agreement covering Phase II of the subject drainage plan. Due to the time necessary to achieve approval, I felt it necessary to initiate an agreement now, even though preparations are still being made for funding and including San Sevaine Creek in the project. The agreement is similar to one approved earlier by the District, with changes reflecting the addition of San Sevaine Creek. Due to possible changes in the Scope of Work, I did not include budget figures in the agreement. However, the budget is presently estimated at $150,000 to $160,000, depending upon the Scope of Work. I have enclosed a copy of the original agreement that was never consummated. I have also enclosed a copy of the 'reimbursement agreement" between the developers and the District that was never completed. By copy of this letter, I am also forwarding copies of the draft agreement to the Cities of Ontario, Rancho Cucamonga and Fontana, and Riverside County. I understand you would like a separate "letter of understanding" or agreement from the other involved agencies requesting and designating the District as the lead agency. However, I think this should be handled separately from the Consultant Agreement. If comments regarding the agreement could be received from the agencies in two weeks, I will finalize the agroement for possible approval by or around November 1st. Please let me know if there are any questions or if other in- forwtion is necessary. Cordially, cc: Riverside County Flood Control District attn: Bob Nelson B ILL�'C. pL, City of Rancho Cucamonga ✓ Consulting Engineer attn: Lloyd Hobbs City of Ontario Encl as noted attn: Bob Jackson City of Fontana attn: Jack Ratelle 823 Val Mar Road 0 San Bernardino, California 92404 0 (714) 8862879 0 • • SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT FOR DISTRICT USE ONLY san e.,n,romw co�n,v Frowl con owl o „m., cwmn=, N�mnv iloOe<onvor DUwc, con4am RePre.enHrH PN, e.,. eunviLmr, U.... Numn «•, auene, unit rvo, sub onpct No. Fina No. Jon No. Amwum of eon..... Proleel N.m1. I”" . m,n wn. P.vm.m or s.rm. mo e,. tn. lolrowin9: P., -.nN Eni-1. Aonrwnm.m Amnom E-h TI4IS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and N.,+ Bill Mann S Associates hereafter called CONSULTANT AI '11 '1 '1323 Val Mar Rd., San Bernardino, CA 92404 F, 11.1 ie':a. or Sam.l 5e­nry No. IT IS HEREBY AGREED AS FOLLOWS: (Use sn.-,ce below and slditinaaJ bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, rime lot pedorrnance or coup /enon, ecronninetion o! satisracrary performance and cause for termination, o0er rearms and conditions, and att,—h plans, specificapons, and addenda, it any.; W I T N E S S E T H • WHEREAS, there has been a "Preliminary Drainage Analysis and Plan for the Day Creek - Etiwanda Creek System" report and a "Preliminary Drainage Analysis for the San Sevaine Creek System in the Counties of San Bernardino and Riverside" report prepared discussing alternative methods of improving the Day Creel:- Etiwanda Creek System and San Sevaine Creek System to reduce the existing flood hazards in the flood prone areas; and WHEREAS, there is a need for a Drainage Plan for the improvement of Day Creek, Etiwanda Creek, and San Sevaine Creek, along with a multi - agency agreement, financial plan, and development phasing plan before development can proceed; and WHEREAS, there is agreement among the development interests and cognizant public agencies that an additional study and drainage plan are necessary, and private develop- ment interests and public agencies are willing to fund such a plan; and MIE.REAS, the San Bernardino County Flood Control District will act as the interim sponsoring agency for the private developers and public agencies to administer the additional study and drainage plan and act as trustee of funds to be deposited with the District by private development interests and public agencies; and WHEREAS, there is a need for consultant services to assist the District in pre- Paring the drainage plan and coordinating with the public agencies; and 1 12 o: q:d:94T Ilar, 1 r n 1 e... .r WHEREAS, Consultant has the necessary qualifications to perform the required • services; and WHEREAS, certain private developer interests and public agencies will provide the funds for said study and Drainage Plan, and District will be under no obligation to said private developer interests by acting as sponsor for the project; and WHEREAS. it is the desire of the District and Consultant to set forth in writing the obligation and responsibilities of each party relating to providing the engineering services. NOW, THEREFORE, in consideration of the premises and mutual benefits which will accrue to the parties hereto in carrying out the terms or this agreement, it is mutually understood as follows: I. DEFINITIONS A. DISTRICT shall mean the San Bernardino County Flood Control District. B. CONSULTANT shall mean Bill Mann E Associates and its officers, cgents and employees. • C. DEVELOPER or DEVELOPERS shall mean the private developer interests that will provide partial funding for the above mentioned Drainage plan. D. PUBLIC ACENCIEs shall mean Cities of Rancho Cucamonga, Fontana and Ontario, and Counties of San Bernardino and Riverside. 2. n1PLOYMENT OF CONSULTANT The DISTRICT hereby employs the CONSULTANT and the CONSULTANT hereby accepts employment to perform the described professional services upon the terms and for the payments all described herein. 3. PERSOSNEL The CONSULTANT will have, or will secure, all personnel required to perform the services under this agreement. All of the services will be performed by the CONSULTANT or under his supervision and all personnel engaged in the a Page 2 of 12 i • • WHEREAS, Consultant has the necessary qualifications to perform the required services; and WHEREAS, certain private developer interests and public agencies will provide the funds for said study and Drainage Plan, and District will be under no obligation to said private developer interests by acting as sponsor for the project; and WHEREAS, it is the desire of the District and Consultant to set forth in writing the obligation and responsibilities of each party relating to providing the engineering services. NOW, THEREFORE, in consideration of the premises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this agreement, it is mutually understood as follows: 1. DEFINITIONS A. DISTRICT shall mean the San Bernardino County Flood Control District. B. CONSULTANT shall mean Bill Mann 6 Associates and its officers, agents and employees. • C. DEVELOPER or DEVELOPERS shall mean the private developer interests that will provide partial funding for the above mentioned Drainage Plan. D. PUBLIC AGENCIES shall mean Cities of Rancho Cucamonga, Fontana and Ontario, and Counties of San Bernardino and Riverside. • 2. E`PLOYNENT OF CONSULTANT The DISTRICT hereby employs the CONSULTANT and the CONSULTANT hereby accepts employment to perform the described professional services upon the terms and for the payments all described herein. 3. PFIM)O:SEL The CONSULTANT will have, or will secure, all personnel required to perform the services under this agreement, All of the services will be performed by the CONSULTANT or under his supervision and all personnel engaged in the / Page 2 of 12 work shall be fully qualified and shall be authorized or permitted under • State and local laws to perform such services, and shall be acceptable to the DISTRICT. Bill C. Mann will act as Project Director for the Drainage Plan development. 4. DESCRIPTION OF PROJECT The project for which engineering service is to be provided is generally described as follows: Prepa-e a Drainage Plan for the construction of flood control facilities for Day Creek, Etiwanda Creek, and San Sevaine Creek, including a financing plan, construction phasing plan, development phasing plan, water conservation plan, and multi- agency agreement. 5. SCOPE OF SERVICES • Phase I of the subject Drainage Plan has been in process for several months. The scope of services under this contract are listed below under Phase II. Although some of the work included in Phase II has been partially completed as part of the Phase I work, it will be necessary to continue and complete the tasks as shown under the Scope of Work items. PHASE II Task 1. Development of Plan Strategy and Coordination Continue to develop a strategy for the development and approval of the Drainage Plan in coordination with the various PUBLIC AGENCIES and DEVELOPER interests. Coordination of the Drainage Plan throughout its development with the PUBLIC AGENCIES and DEVELOPERS through the use of meetings, workshops, status re- ports, and public hearings as necessary. • �h Page 3 of 12 • Task 2. Drainage Plan Develop a Drainage Plan for Day Creek watercourse from the mouth of Day Creek Canyon to the vicinity of the Pomona Freeway and the U.P.R.R. in Riverside County, Etiwanda Creek watercourse from the mouth of East Etiwanda Creek Canyon to the Riverside Basin, and San Sevaine Creek from the mouth of San Sevaine Canyon to the Santa Ana River. The Plan will consider both the natural environment and economy of the area. The Drainage Plan will include the following: A. Plan and profile sheets for Day Creek, Etiwanda Creek, and San Sevaine Creek ac a scale of 1" -200' horizontal and I"= 10' vertical. B. A hydrology study to determine detailed design storm • flows for Day Creek, Etiwanda Creek, and San Sevaine Creek. Hydrology to be used for the Drainage Plan shall be approved by the San Bernardino and Riverside County Flood Control Districts. C. A detailed preliminary construction cost estimate for the approved preliminary flood control facilities. D. An analysis and determination of cost per acre in both San Bernardino and Riverside Counties to fund the approved facilities. E. The determination and general location of major drainage inlet points to the channels and inlet design flows, based on existing Comprehensive Storm Drain Plans and /or proposed and known storm drain inlets. 36 Page 4 of 12 F. The possibility of developing flood retardation capabil- • ities at the Day Creek Spreading Grounds, Etiwanda Creek Spreading Grounds, San Sevaine Creek Spreading Grounds, Wineville Basin, Riverside Basin, as well as other loca- tions will be explored. G. A preliminary site investigation of the debris dam sites. The investigation will be based on a search of available data and reconnaissance survey. The investigation of the debris dam sites will be performed by a soils engineering/ geologic engineering firm. Preliminary dam locations and design parameters sufficient to provide for preliminary cost estimates will be established. This Task was initiated in Phase I and will be completed in Phase II. Task 3. Water Conservation Plan If the final plans include hard - lining of channels, the re- • placement of water losses will be necessary. A study will be made to determine the losses and methods of providing off - site recharge capacity in existing or new spreading grounds and basins. Location and sizes of turnouts from the channels into the water conservation areas will be provided. Coordina- tion will be enacted with all of the water service related agencies in the study area, including the Conjunctive Use Study presently being pursued by the California Division of Water Resources and the Southern California Metropolitan Water District. Optimum use will be made of the spreading ground area for water conservation enhancement. Task 4. U. S. Bureau of Reclamation File a Notice of Intent with the Department of Water and Power Services for grant and long -term loan funding for the • Page 5 of 12 ::?7 • construction of flood control, water spreading, and appurtenant facilities. The San Bernardino County Flood Control District (DISTRICT) will be the sponsoring agency. The possibility of forming a Joint Powers Authority will be purused to manage the financing and construction of facilities. Task 5. Financing Plan An exhaustive search of means of financing the flood control facilities will be conducted. This will include, but will not be limited to, the following: A. The possibility of the development of an assessment financing to fund all or a portion of the flood control facilities, including lease /leaseback, special assessments, and redevelopment agencies. • B. The research of the use of EDA and UDAG funding for the construction of a portion of the necessary flood control facilities. Grant and long -term loan financing through the U. S. Bureau of Reclamation will be sought. C. The use of special assessment acts, including 1911 and 1913 Improvement Acts, to fund all or a portion of the flood control facilities. D. The establishment of drainage fees by all involved agencies for flood control facility construction. E. Presentation to and coordination of the recommended financing plan with the various agencies. F. The formation of a Joint Powers Authority or other joint powers association will be reviewed to manage the financing • plan and construction phases of the program. Page 6 of 12 C Task 6. Review and Development of a Preliminary Flood Control • Facility Construction and Development Phasing Plan The development of a Development Phasing Program and a Flood Control Facility Phasing Program consistent with the availability of construction funds and the availability of the existing flood control facilities to receive increased drainage flows without adversely affecting adjacent or down- stream properties. Interim channel improvements, phased channel construction, and the utilization of basin retarda- tion of flood flows will be reviewed and recommended consistent with the downstream problems, and in coordination with the responsible agencies. This will require an elaborate and detailed budgeting process. Task 7. Multi- Agency Memorandum of Understanding A Memorandum of Understanding or Agreement among all involved • agencies will be prepared and coordinated with the agencies. The Agreement will include the Cities of Rancho Cucamonga, Fontana and Ontario, the Counties of San Bernardino and Riverside, and the San Bernardino and Riverside County Flood Control Districts. Workshops will be arranged with the various agencies, decision- making officials, utility companies, and developers to provide sufficient knowledge to allow the overall Drainage Plan to be approved by the agencies. This Task will be ongoing and will progress with the Drainage Plan in coordina- tion with all involved parties. Task 8. Environmental Analysis and Report Review of the potential short -term and long -term environmental concerns with the plan in coordination with the various agencies. • Page 7 of 12 • A brief report will be developed to accompnay the Drainage Plan. The report will include basic data, comments received from various utility companies and other interested parties, and sufficient information to assist the San Bernardino County Environmental Analysis Division to make a determination of environmental concerns. This scope of work does not include the preparation of an Environmental Impact Report. 6. METHOD OF PAYMENT DEVELOPERS and PUBLIC AGENCIES shall deposit funds in advance of work with DISTRICT to hold in a trust account. DISTRICT shall reimburse CONSULTMNT for services based on hourly rates as provided to DISTRICT by CONSULTANT. Each Task is designated as a time and material fee as designated below. DAY, ETIWANDA AND SAN SEVAINE • CREEK DRAINAGE PLAN ESTIMATED BUDGET (See Scope of Services) Phase II Task 1 Estimated Budget - $ Task 2 Task 3 " - Task 4 Task 5 " Task 6 " - Task 7 " Task 8 - Printing Costs ESTIMTED TOTAL PINSE II e $ Page 8 of 12 NOTE: Due to the flexibility and ongoing changes in the Scope of Work 0 and the unknown factors inherent in the project, the budget and payment will be on a time and material basis. The Estimated Budget will be reduced or increased as necessary. All recommendations for a change in the Scope of Work or the Budget will have to be recom- mended by the Technical Committee and approved by the DISTRICT. The printing costs included in the Budget are for material for the Steering and Technical Committees, interim technical reports, and communication with other interested agencies. A. The above budget includes incidental expenses such as equipment and instruments, the use of office space and minor materials, and supplies. The budget does not include travel expenses or printing costs. Work to be done outside the scope of the project shall not be without written authorization from DISTRICT. Compensation for extra work shall be determined at the mutual consent of DISTRICT and CONSULTANT. • B. DISTRICT shall pay the CONSULTANT upon billing twice each month. In the event any monthly invoice is not acceptable for any reason whatso- ever, DISTRICT shall notify CONSULTANT within ten (10) days of date of such invoice giving CONSULTANT the reasons for the unacceptability of such invoice in order to allow CONSULTANT to promptly respond and make any correction necessary in order to ensure timely payment. Billings shall be itemized by Task and shall indicate the percentage of completion for each Task. Billings shall be in accordance with the attached billing schedule of Bill Mann and Associates dated Nay 1, 1981. Any work after January, 1982, will be at the billing schedule in effect at that time. C. All copies of reports, plans, and other printed data shall be billed at cost to the DISTRICT + 157.. / Page 9 of 12 `(I • D. All existing preliminary and final plans, mapping, hydraulic and hydrology calculations, and other useful information shall be provided the CONSULTANT by various agencies and developers at no cost. The estimated budget is based on using available topographic mapping, plans, or other existing data and does not include any costs for sur- veying or mapping. E. Any additional work, changes in scope of services, or reductions in engineering services will be based on estimated time and material charges, negotiated, and followed up with necessary paperwork. F. The budget estimates are based on best estimates with expected high emphasis on necessary meetings, workshops, and public hearings. The final budget for these items could be less or more than estimated budgets. G. DEVELOPERS and PUBLIC AGENCIES shall deposit sufficient funds with • DISTRICT in advance to cover the projected work for the following month. CONSULTANT shall keep informed of the trust account balance at all times. At such time as it is determined sufficient funds have not been deposited, CONSULTANT shall cease or limit work until such funds are deposited. 17J H. DISTRICT shall not be responsible for any payment due, unless funds to cover the payment have been deposited into the DISTRICT's trust account. 7. PERIOD OF PERFOR %%XCE The estimated time frame for completion of the Drainage Plan from the date of this agreement is nine (9) to twelve (12) months. The time for each Task is estimated below. fl h Page 10 of 12 Phase II Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 8. EMPLOYMENT PRACTICES Pi In the performance of the terms of this agreement, CONSULTANT shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of the race, color, national origin, ancestry, or religion of such persons. • 9. ACCOUSTING RECORDS CONSULTANT shall keep complete, accurate and detailed accounts of all time, costs, expenses and expenditures pertaining in any way to the rendering services by CONSULTANT under this agreement in a manner consistent with generally accepted accounting procedures. 10. ACCESS TO WORK PRODUCT DISTRICT shall at all times have access to the work product of CONSULTANT hereunder whenever it is in preparation and progress. 11. SUSPENSION OF AGREEMENT Either party of this agreement shall have the right to cancel or suspend the agreement by giving each other fifteen (15) days written notice to that • Page 11 of 12 1 • effect. If such cancellation or suspension shall take effect during the performance of any uncompleted work, CONSULTANT shall be paid the reasonable value of the work accomplished. 12. OtdNERSHIP OF DOCUMENTS Upon completion of project or termination of the agreement pursuant to Section 11, CONSULTANT shall deliver to DISTRICT copies of all reports, calculations, maps and other documents relating to project. 17. ENGINEERS AND INDEPENDENT AGENT The CONSULTANT and the agents and employees of the CONSULTANT, in the performance of the agreement, shall act in an independent capacity and not as officers, employees or agents of the DISTRICT. 14. EXTENT OF AGREEMENT This agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements either written or oral. SA +•: CCUNTY FLOOD COPT ROL DISTRICT _BI_LL_N_ A \N d ASSOCL \TES ► rr;,,:v d.cmorm :.. ,::r,nam•. ^rr.r C'u ^'ten, L'n.:rz o. .,.•.. ]: /ou;5 .____ ___ ..uu.,." ..r In:......: r. ;.r .�..... r „� • ClurrrY CrwnYVl rA,.r� JIr. 14') j iAvP.OnxG Sp^ 11.10 ^nr .rn nnrra'ar. C.10 one p,., 12 or 12 By n Dated _ ATTCSTE D. Title _ S':cwtery of tn'• F,o..n t,t,.•itrol D';tnct - - --- Address ..uu.,." ..r In:......: r. ;.r .�..... r „� • ClurrrY CrwnYVl rA,.r� JIr. 14') j iAvP.OnxG Sp^ 11.10 ^nr .rn nnrra'ar. C.10 one p,., 12 or 12 0 U • s� s CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 21, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Paul A. Rougeau, Senior Civil Engineer SUBJECT: Award of Street Striping and Pavement Marking Services Contract The City's third annual striping contract proposal received three bids ranging from $25,155 to $30,596. In spite of an increase in quantities, the low bid is lower than obtained last year. The low bidder is Safety Striping Service, Inc. who has been this year's striping contractor. The quality of the company's work has been excellent. It is recommended that the contract for 1981 -1982 for Street Striping and Pavement Marking Services be awarded to Safety Striping, Inc. of Anaheim, California for $25,155.00. LBR/.PAR:jaa Attachment q5 -r\ PROJECT G vw rk to LOCATION CITY 00 CUCAIVIOA • Sun f ROVOSALS OPENED DATE 't'Urr 5. I'M CONTRACT NO. Safety Str IP1nA_ Otenge Co. SteiPir, ] 6 5 Slgn Co. ITE %:$ UDAi:T IT IES 0ID fd'0'J0f BID M1' "OUllt _ BID A'B)DIIT _ 010 AF%IpAi UID A:(OUNT BL:de,I Sund 1 Reflective Centerline and Lane L1nec a. +" Broken Limes 320,000 I.F .021 6.720.00 .027 8.640.00 .D33 11.200.00 b. 4's Solid Lt.. 66.000 Lk' .06 3.960.(0 .054 3.564.00 .04 2.640.DC c. Two 4" Double Solid lines with 4" black sepaztton 54,0DO LF .13 7,020.00 .09 4,860.DU .30 5,400.00 d. B" solid I.Ines 1,700 LF .04 68.00 .075 127.50 .08 136.DO 2 Stencils - Reflective a. B' Lec re rs 1,300 Ea 2.15 2,795.00 3.25 4.225.00 3.50 4,550.00 b. Limit Bars 12" Wide 1,300 LF .24 111.00 .35 455.01) .40 52D.00 e. Armvs 30 La 4.00 120.00 MO 210.00 4.00 320.00 d. R2% ComPle[e both aidea of [tack 15 Se 60.00 900.00 5D.CD 750.00 50.00 750.00 3 Crosswalks - Reflective 1 12" 'Wide 9.DO0 LF .24 2,160.00 .35 3,150.00 .40 3,600.00 PatklrF a. Parking Tss 40 ea .60 24.00 1.20 40.00 1.00 40.00 b. Curb Painting 2,000 Lk' .09 380.00 .20 - 400.00 .35 100.20 5 Small Scencisl l" umn -ref te¢ive letters 40 E. .15 6.00 1.20 40.20 .50 20.00 6 tkiaA Remova3 Wet Sandblasting 1,000 rSF .70 700.00 .85 850.00 .75 750.OD 7 Biackowc 1,000 SP .13 130.00 .03 30.00 .31 110.00 8 Pre - Lining 2,000 LF .03 6D.00 .03 60.00 .OS 60100 I f 25,155.00 t 27.401.50 30,596.00 J l J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 21, 1981 TO: Members of the City Council and City Manager FROM. Lloyd B. Hobbs, City Engineer BY: Monte Preacher, Public Works Engineer SUBJECT: DEMENS CHANNEL PEDESTRIAN /EQUESTRIAN BRIDGE AGREEMENT Per previous Council action, the Engineering Division has been actively working toward the construction of the Demens Channel pedestrian /equestrian bridge. The design has been completed and reviewed and approved with minor changes by key Advisory and Equestrian Committees. For construction, only two options were available to the City; one being formal bid procedure, the other contributing funds through the present Cucamonga Creek project. Informal bids were sought from three responsible contractors, including the Corp of Engineers contractor, Resler Corporation, to determine the feasibility of formal bid. (See attached summary.) After taking into consideration the additional cost required to prepare for formal bid and the timing problem, it was decided to pursue the latter option. The Corp of Engineers and County Flood Control were sent plans for their use in preparing a change order. We have recently received an Agreement from the County Flood Control along with a request to deposit $20,000 into the Flood Control District Contributing Fund. RECOMHENDATION: It is recommended that the City Council adopt the attached Resolution establishing need and authorizing execution of the Agreement and to authorize the Finance Director to deposit $20,000 in the Flood Control District Contributing Fund from the Systems Development Funds. Res ec [fullylly s LL YD HURBS City Engineer LBH; MP: jr ALtachments 0 RESOLUTION NO. '3 1 -1C (D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING NEED FOR AND AUTHORIZING CONSTRUCTION OF A PEDESTRIAN/ EQUESTRIAN BRIDGE ACROSS DEMENS CHANNEL WHEREAS, the improvement of the Demens Channel between Carnelian Street and Sapphire Street has Beverly impaired the access between Alta Loma Junior High School and the residences to the north and the continuity of the equestrian trail system, and WHEREAS, current City policy is to correct as many deficiencies as fiscally possible. THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said bridge will be of benefit to the community and be constructed through the San Bernardino County Flood Control District contributing funds by Contract Change Order and Agree- ment for same to be executed as provided for in the Master Agreement of the current Cucamonga Creek Project. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. • AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk • ' 7 Phillip D. Schlosser, Mayor ........... . ^ a CITY ulo wcanNGA SUMA TPROPOSALS OPENED PROJECT DEMENS CHANNEL CROSSING (EQUESTRIAN /PEDESTRIAN BRIDGE LOCiTIilN OEMENS CHANNEL NEAR JASPER • DATE SEPTEMBER 2, 1981 CONTRACT NO. 0 ITEP:S QUANTITIES onadiman -McCa i n, I nt Kas Ier Corp. K.E.C. Co. GID N10tIpT pl0 A:10UNT Elff—f AMOUNT BID MAMT BID — •11:C @IT 010 NIOU:G B 5ader's Cunt 1 2 3 -... Reinforced concrete bridge Cnain lint fence Vechicle barriers TOTAL LS LS 3 -- 15. DO 60O.DO 8,200.00 3,400.00 1,200.00 12,800.00 - -- - -- -- IS 20D 11,000.00 5,500.00 600.00 —_— ___ _ 1 1S,600.00 17,100.00 CONSTRUCTION AND COMMON USE AGREEMENT Cucamonga Creek (Demens), Phase VI • Equestrian /Pedestrian Bridge Crossings At Vicinity of Jasper Street (Sta. 64t81.5D ±) THIS AGREEMENT, made and entered into this _ day of , 1981, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California, hereinafter referred to as "CITY ", and SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic of the State of California, hereinafter referred to as "DISTRICT ". W I T N E S S E T H WHEREAS, DISTRICT is owner of or exercises cognizance over certain rights • of way and easements for flood control and water conservation purposes; and WHEREAS, the United States of America by and through the United States Army Corps of Engineers, hereinafter referred to as "CORPS ", is constructing a flood control facility and appurtenances thereto within said rights -of -way, hereinafter referred to as "CHANNEL ", in accordance with plans entitled "Cucamonga Creek and Demens Creek Channel ", hereinafter referred to as "CHANNEL PLANS ", for the purpose of aiding in the confinement of waters of the Demens Creek hereinafter referred to as "CREEK "; and WHEREAS, CITY desires to construct a pedestrian /equestrian bridge and access roadway, hereinafter referred to as "BRIDGE ", crossing the channel for use by the public; and WHEREAS, DISTRICT is the local interest representative for coordinating construction of CITY'S facilities within CHANNEL: and • AB12/09004 �� Page 1 of 6 WHEREAS, CITY desires to conditionally occupy portions of DISTRICT lands • with BRIDGE and public utilities; and WHEREAS, DISTRICT entertains no objection to the occupation of those portions of DISTRICT lands for said BRIDGE and for public utilities, which lands are hereinafter referred to as "AREAS OF COMMON USE ", and outlined in cross hatching on plat map marked EXHIBIT "A" attached hereto and made a part hereof; and WHEREAS, CITY desires DISTRICT through the CORPS, to construct BRIDGE: and WHEREAS, CITY and DISTRICT will mutually benefit by setting forth herein the rights and responsibilities of each within the AREAS OF COMMON USE and with regard to construction and costs of BRIDGE. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: CITY SHALL: • 1.1 Acknowledge the right of DISTRICT, its successors, permittes, or assigns, to construct, reconstruct, operate, and maintain CHANNEL for flood control and water conservation purposes within AREAS OF COMMON USE without need for any further permit or permission from CITY; provided, however, that any such use by DISTRICT and /or other specified herein, shall not endanger, interfere, or conflict with the use of BRIDGE by CITY or the public without first obtaining approval as set forth hereinafter. 1.2 Assume all costs for construction of BRIDGE and public utilities as set forth hereinafter in paragraph 1.7. 1.3 Submit to DISTRICT, at least 30 days in advance, plans for any pro- posed construction, reconstruction, or maintenance within AREAS OF COMMON USE . • A812/09004 Page 2 of 6 which may occupy, endanger, conflict, or interfere with CHANNEL or its func- tional operation, and obtain written approval from the DISTRICT of such plans, • which approval shall not be withheld, provided that the work contemplated does not or will not, in the opinion of the DISTRICT, unreasonably conflict with, interfere with, or endanger CHANNEL or its functional operation. 1.4 Indemnify the United States of America and the DISTRICT, their officers, agents, and employees against and hold them free and harmless of and from all claims and liabilities of any kind arising out of, in connection with, or resulting from, acts or omissions on the part of CITY, its officers, agents, contractors, and employees in its operation and maintenance of BRIDGE, and /or in the performance by CITY of any work within or adjoining AREAS OF COMMON USE. 1.5 Accept full responsibility and liability for use of BRIDGE by the public. 1.6 Accept full responsibility and cost for any and all reconstruction, • maintenance, or operation of the BRIDGE subsequent to transfer thereof to CITY, and including approaches, parapets, walkways, and railing. Transfer of BRIDGE to CITY by DISTRICT for operation, maintenance, and responsibility shall be effective as of the date of final inspection and acceptance by authorized representatives of CITY and DISTRICT or within ten (10) calendar days of final inspection of CHANNEL by CORPS and DISTRICT whichever is sooner. 1.7 CITY further agrees: A. To provide the DISTRICT with plans and specifications for said BRIDGE, including fencing and gate plans; and B. To deposit with the DISTRICT prior to construction the amount of $20,000.00 which covers the estimated cost of construction and the Corps of Engineers' overhead. The actual amount of the CITY cost will be determined after completion of the work. • A812/09004 i Page 3 of 6 C. Promptly pay to DISTRICT actual costs in excess of estimated cost of construction should final cost including CORPS overhead • exceed $20,000.00. D. Construct and maintain BRIDGE in accordance with the provisions of Permit No. P- 181075 issued by the DISTRICT to the CITY on September 23, 1981, said Permit attached hereto as EXHIBIT "B ". The terms of which are incorporated herein. DISTRICT SHALL: 2.1 As cognizant Local Agency, agrees: A. To provide for the incorporation of work described above into the CORPS construction at no cost to DISTRICT; said work to be per- formed in accordance with CITY'S drawings and specifications. S. To submit to CITY a final report showing the actual cost of con- struction of the BRIDGE and, in the event the final cost, in- cluding CORPS overhead, is less than that advanced by OWNER, the difference shall be returned to the OWNER within ninety (90) days of completion of the CORPS contract. 2.2 Acknowledge the right of CITY, its successors or assigns, to use AREAS OF COMMON USE in common with the public; to reconstruct, operate, and maintain public utilities, provided, however, that any such use by CITY does not or will not occupy, endanger, interfere, or conflict with CHANNEL or its functional operation without first obtaining approval as set forth hereinbefore. 2.3 Indemnify CITY, its officers, agents and employees against and hold them free and harmless of and from all claims and liabilities of any kind arising out of, in connection with, or resulting from acts or omissions on the part of DISTRICT, its officers, agents, contractors, and employees in the con- struction, reconstruction, or maintenance of CHANNEL within AREAS OF COMMON USE, • and /or in the performance of any work within AREAS OF COMMON USE. 2.4 Notify CITY ten (10) days in advance of final inspection of work encompassed by this Agreement. A812/09004 .� -m Page 4 of 6 2.5 Promptly refund to CITY all funds in excess of actual cost. IT IS FURTHER UNDERSTOOD AND MUTUALLY AGREED: • Except as expressly set forth herein, this Agreement shall not terminate CITY'S or DISTRICT'S rights within AREAS OF COMMON USE. Both CITY and DISTRICT shall use AREAS OF COMMON USE in such manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation for damages which CITY or DISTRICT may have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either CITY or DISTRICT in such manner as to cause unreasonable interference with the use of AREAS OF COMMON USE by the other party. The DISTRICT is the local interest representative for the CORPS in coordina- ting this project and that the CORPS is the contracting agent for accomplishing this work through their contractor and is responsible for this construction • item as a change order to the original contact; therefore, that the DISTRICT is not responsible for the construction, inspection, or other contract related matters, however, if construction is found not to meet the specifications of the change order, DISTRICT agrees to join the owner in whatever action required to obtain compliance. A812/09004 Page 5 of 6 • THIS AGREEMENT shall insure to the benefit of and be binding upon the • successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused their respective names to be hereunto subscribed and their respective seals to be hereunto affixed by 0 lJ their respective proper officers thereunto duly authorized. APPROVED AS TO FORM: Alan K. Marks County Counsel County of San Bernardino By ATTEST: By Secretary, Board of Supervisors San Bernardino County Flood Control District APPROVED AS TO FORM: By By City Clerk SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By Chairman, Board of Supervisors San Bernardino County Flood Control District CITY OF RANCHO CUCA14ONGA By '1 City Attorney A812/09004 Page 6 of 6 0 p I - 400?w Stu BLOCK % Area of Common Use 'Ti IPWI f S. o-P. I .400/ DEPARTMENT OF TRANSPORTATION AND FLOOD CONTROL 825 Ent Third Street • San Bernardino, CA 92415 • (7141383-1634 • COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY September 23, 1981 JOHN R. SHONE, Dvectw PERMITTEE File: 1- 451/2.04 City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Lloyd Hubbs City Engineer Re: Zone 1, Demens Channel, C/E PERMIT NO. P- 181075 Gentlemen: In reply to a letter dated August 10, 1981 from Associated Engineers on your behalf, pemission is granted to construct and maintain a pedestrian and equestrian bridge crossing and access roadway, subject to the following Special and General Provisions. The proposed work is located on District's Demens Channel north of Banyan Street • and east of Sapphire Street, in the northwest portion of the City of Rancho Cucamonga. SPECIAL PROVISIONS • 1. The proposed construction shall be in accordance with: a, The Plats, Exhibit "A ", and the General Provisions, all of which are attached hereto and made a part of this permit. b. The San Bernardino County Flood Control District's Standard Specifications, available at the District Office. c. All applicable provisions of the "Construction Safety Orders" issued by the State Division of Industrial Safety and "Manual of Accident Prevention in Construction" issued by the Associated General Contractors, Inc. 2. The Pemictee shall hold the District and all officers, employees and agents of said public body free and harmless from any and every claim, demand or action for damages, or injury to any person or persons or property of any kind whatsoever, and any cost or expenne in connection therewith, and agrees to defend the Flood Control District, the County of San Bernardino, and all officers, employees and agents of said public body against any claims or demands which may arise out of or result from Permittee's occupation and activities on District right -of -way. 3, Attention is directed to General Provision "Kr', and prior to starting activity authorized in this permit, the Permittee, and /or his agent, shall discuss the work to be done with the District and reach an understanding as to the manner in which the work is to be done. EXHIBIT "B" R01KHr a RIGNLY 0uard of S.,w,iaon l'mn 11 AUmn•,r n.e•r• un¢rr I 800 OLDrR ..... Pint Di,rnm DAVID L McRENNA ....... Thmt Distant JOII \M 61flM1AND. A.I.���n lra rvr CAI M.EtWALV .. ���((C......���..Se<und Onu¢t ROOLRrO TO WNSEND ....Fourth Dnbwt JOuram,.,.r �;N,;.bc 1':um.: is p•ncY Ro JEnrl HAMMOCK....... FIIh0otuo J CITY OF BA.NCHO CDCAi40NCA Permit No. P- 181075 Page Two • 4. Prior to beginning any activity authorized in this permit, the Permittee shall provide to the District written confirmation accepting full responsibility for the maintenance and operation of the pedestrian bridge and appurtenances upon completion of construction. 5. In accepting this permit, the Permittee agrees that he will replace all access road pavement, irrigation pipelines, chain link fencing and landscape replacement with like kind products installed to size, line and grade as the existing products removed as directed by the District. 6. Work done in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cast of removal and replacement, including the cost of all materials used in the work thus removed, shall be borne by the Permittee, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the District, shall upon order of the District, be uncovered to the extent required, and the Permittee shall bear the entire cost of performing all the work and furnishing all the materials necessary for the removal and subsequent replacement of the covering, as directed by the District. 7. This permit will be void if construction has not started within one (1) year from the date of this permit. All wort: is to be completed within sixty (60) days from start of work on District right -of -way. • 8. No more than one -third (1/3) of any District facility may be obstructed during the period October 15 to April 15, nor more than two- thirds (2/3) of any facility may be obstructed during the remaining period. The term "obstruction" shall include all temporary or permanent structures, falsework, excavated material, and equipment connected with the construction. For the purpose of computing the area of an obstruction, dimensions shall be taken normal to the channel flow of the actual physical outline of the obstruction. 9. No floatable materials or stockpiling shall be maintained in the channel area, and equipment shall be kept out of the channel except when in use during working hours. 10. In accepting this permit, the Permittee agrees that he will pay the cost of all survey work of referencing, checking and replacing of all District right -of- way monur..:ncs or survey control points that are removed, disturbed or destroyed as a result of work perfumed in connection with this permit. 11. Access to the District's levees, channels and patrol roads shall remain open and free to vehicular traffic at all times. Alternate access to the facilities shall be provided when existing access is severed or impaired. Contractor must prevent the public from entering the construction area or the District's right - of -way. 12. Permittee shall, at all tines, exercise proper dust control and dust abatemen0 f EXHIBIT "B" CITY OF RANCHO CUCMONGA Pen it No. P- 181075 • Page Three 13. All hardware on District's sixteen -foot (16') double -drive access gates to be tack welded. 14. Should future activities of the District so require, the Permittee shall, at its own expense, relocate all or any part of the subject works as so required. 15. The location of any temporary construction roadways or ramps which the Permittee may wish to build on District right -of -way shall be subject to the approval of the District. 16. Any structures or portions thereof, including fences, shall be a temporary nature and shall be constructed in such a manner that removal or relocation may readily be made. Said removal or relocation shall be made at no cost to the District. 17. If the Permittee should refuse or neglect to comply with the provisions of the permit, or the orders of the District, the District may have such provisions or orders carried out by others at the expense of the Permittee. 18. Permittee agrees to pay all costs of suit arising from the breach of any covenant or condition herein contained on the part of the Permittee to be kept . or performed. The District shall be entitled to such reasonable attorneys' fees as shall be fixed by a Court of competent jurisdiction and all other costs and expenses of suit. 19. At the completion of the construction activities, the area shall be cleaned, graded and dressed to the satisfaction of the District. A joint inspection (Permittee /District) shall be made to determine if the work has been completed in accordance with permit requirements. The Permittee will submit "As- Built" plans at the time of the final inspection. Very truly yours, OHNR. SHONE, Director Dept. of Transportation d Flood Control JRS:RASI: cm Attachments as noted EXHIBIT "B" s PERMIT NO. P- 161075 GENERAL PROVISIONS • A. This permit is valid only for the purpose specified herein. No change on program as outlined in application or drawings submitted with application is permitted except upon writcen permission of the Flood Control Engineer. B. Activities under this Permit are subject to anv instructions of the Flood Control Engineer or his representative. ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED. C. District activities shall take precedence at all times, and when, any work or activity must be performed to carry out the functions and purposes of the District, Permittee must allow same to be done without interference. D. Permittee shall assume entire responsibility for all activities under this Permit, and shall save the District free and harmless from any and all expense, cost or liability in connection with or resulting, from the exercise of this Permit E. Any damage caused to Flood Control facilities or structures by reason of the exercise of the Permit shall be repaired at the cost of the Permittee to the satisfaction of the District. Permittee will be billed with the actual cost to the District should Pernittee neglect to make such repairs promptly. F. Any Flood Control right -of -way monuments that are removed, disturbed, or destroyed as a result of activity under permit will be replaced by the District. Permittee will be billed and agrees to immediately pay all costs of such • replacement. G. Any structures, portions thereof, or other works placed on District rights - of -wnv or which affect District facilities or structures must be removed, revised, or relocated by Permittee without cost to the District should future activities of the District so require, unless otherwise specified. H. This Permit is valid only to the extent of District jurisdiction. Permits required by other interested agencies and consent of underlying fee owners of District easement lands shall he the responsibility of the Permittee. NOTHING CONTAINED IN THIS PERMIT SHALL BE CONSTRUED AS A RELINQUISHMENT OF ANY RIGHTS NOW HELD BY THE DISTRICT. 1. unless otherwise specified herein, this Permit is subject to all prior unexpired permits, agreements, easements, privileges or other rights, whether recorded or unrec.ordod, En Lhe area specified in this Permit. Permittee shall make his own arrangements wiLh holders of such prior rights. J. Exercise of this Permit shall indicate acceptance of all provisions. Violation of any provision shall be caora for imledlato revocation of Permit. K. AT LEAST AS HOPES NOTICE SI1:11.1. IiE GIVEN TO THE DISTRICT BEFORE STARTING ANY I %)F,'T::OCII TIIIS PI',F'!IT. Telephone number to be used for this notification is Urea Code ]1.) 751 -1739. Failure of notification is cause for revocation of this Permit. • SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT EXHIBIT "B" 0 OTT AV D A Airiln nt TO a MnXTOe Attached for approval is a Resolution declaring the City Council's intent to annex Tract 9584 and Trat 9584 -2 to Landscape Maintenance District No. 1 and setting the date for Public Hearing on November 18, 1981. RECOMMENDATION: It is recommended that Council approve the attached Resolution declaring :.he City's intent to annex Tracts 9584 and 9584 -2 to Landscape Maintenance District No. 1 and setting the date of Public Hearing. / Respectfully submitted, LHB:BBKK:bbc` Attachments STAFF REPORT' DATE: October 21, 1981 V TO: City Council and City Manager 1977 FROM: Lloyd B. Rubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Intent to Order Annexation No. 7 to Landscape Maintenance District Y1 for Tract 9584 and 9584 -2 Attached for approval is a Resolution declaring the City Council's intent to annex Tract 9584 and Trat 9584 -2 to Landscape Maintenance District No. 1 and setting the date for Public Hearing on November 18, 1981. RECOMMENDATION: It is recommended that Council approve the attached Resolution declaring :.he City's intent to annex Tracts 9584 and 9584 -2 to Landscape Maintenance District No. 1 and setting the date of Public Hearing. / Respectfully submitted, LHB:BBKK:bbc` Attachments RESOLUTION N0. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS IN- TENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 7 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (TRACT 9584, AND TRACT 9584 -2) NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work That the public interest and convenience require and it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and facilities thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and • supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and walls in connection with said parkways. SECTION 2, Location of Work The foregoing described work is to be located within roadway rtgh� -way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 7 to landscape Maintenance District No. 1 ". SECTION 3. Description of Assessment District That the contemplated work, in the opinion of said ity Counct , is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Mao of Annexation No. 7 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. _^;_. indicating by said boundary lines the extent of the territory included within the proposed assessment district •' and which map is on file in the office of the City Clerk of said City. LI�� Resolution No. Page 2 SECTION 4. Report of Engineer The City Council of said City • by Resolution No. has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 7, Landscape Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments The assessment shall be collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Heario9 Notice is hereby given that on the November lg 1981, at the hour of 7:00 p.m. in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried nut or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for • the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described, SECTION 7. Landscaping and Lighting_Act of 1972 All the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Liqhtinq Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention Published notice shall be made pursuant to Section 61961 of the Government Code. The Ilayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dailv Report, a newanaoer of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: h3 • RESOLUTION NO, S) - 16w' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 7 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (TRACT 9584 AND TRACT 9584 -2) WHEREAS, on October 21, 1981, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscap- ing and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each ar.J every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City • of Rancho Cucamonga as follows: SECTION 1. That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2. That the diagram showing the Assessment District referred to and described in said report, the boundaries of the sub- divisions of land within said Assessment District are hereby prelimin- arily approved and confirmed. SECTION 3, That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4. That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: • NOES: ABSENT: 6 r� CITY OF RANCHO CUCAMONGA • Engineer's Report for ANNEXATION NO. 7 to the Landscape Maintenance District Number 1 Tracts 9584 and 9584 -2 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chaoter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tract 9584 and 9584 -2 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right -of -way or easements to be granted to the City of Rancho Cucamonga. • SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract 9584 and 9584 -2. The plans and specifications for the land- scaping are in conformance with the Planning Commission. • Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that ,iintenance costs for assessment purposes will equal thirty (S.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. /9 '1 Engineer's Report pane 2 The estimated total cost for Landscape Maintenance District No. 1 • (including Annexation No. 7 comprised of 0 square feet of landscaped area and 97 lots) is shown below: Total Annual Maintenance Cost 5.30 X 236,688 square feet = 71,006.40 Per Lot Annual Assessment 1257 lots ; 71,006.40 = 56.49 Per Lot Monthly Assessment = 4.71 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION S. Assessment Diagram A copy of the proposed assessment diagram is attached to this • report and labeled "Exhibit A ", by this reference the diagram is hereby incorporated within the test of this report. SECTIO'7 6. Assessment Improvement for Annexation No. 7 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June, 1982, to determine the actual assessments based upon the actual costs incurred by the City during the 1981/82 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's report. 3. City Council adopts Resolution of Intention to Annex to District and sets a public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. • 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 6 i� 0 0 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO.1 ANNEXATION NO.7 CITY OP RANCHO) CUCAAIONC,,\ ENGINEERING DIVISION r�? R �,7 vICINITV MAP i ATfCT 9584 N52 LOTS jc° * CITY OF IZANCI10 CUCAj%lO \G;\ A TRACT 9594- 45 LOTS ENGINEERING DIVISION ` -T' VICINITY MAP i N n 0 ,Tr r^L n,%Tnxn nt.n A%.rnwtn The subject map, located on the east side of Haven Avenue, north of Hillside Road is submitted by Deer Creek Co. for final approval. This tract was approved by the County with approval extended by the City on October 26, 1980 for a one year period. An agreement and bonds insuring construction of off -site improve- ments have been received in the following amounts: Faithful Performance $272,000.00 Labor and Material $136,000.00 A letter of approval has been received from Cucamonga County Water District, C. C. S R's have previously been recorded. RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing the City Clerk and City Engineer to sign said map and forward it to the County Recorder. R�sp�ertc tful lLted, LHB:BK:bc Attachments STAFF REPORT', , DATE: October 21, 1981 0l t TO: City Council and City Manager U11 i 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Tract Map 9584, Bonds and Agreement - Deer Creek Co. The subject map, located on the east side of Haven Avenue, north of Hillside Road is submitted by Deer Creek Co. for final approval. This tract was approved by the County with approval extended by the City on October 26, 1980 for a one year period. An agreement and bonds insuring construction of off -site improve- ments have been received in the following amounts: Faithful Performance $272,000.00 Labor and Material $136,000.00 A letter of approval has been received from Cucamonga County Water District, C. C. S R's have previously been recorded. RECOMMENDATION: It is recommended that City Council adopt the attached Resolution authorizing the City Clerk and City Engineer to sign said map and forward it to the County Recorder. R�sp�ertc tful lLted, LHB:BK:bc Attachments • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 WHEREAS, the Tentative Flap of Tract No. 9584, consisting of 49 lots, submitted by Deer Creek Company Subdivider, located east of Haven Avenue, north of Hillside has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; and, • 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip 0. Schlosser, Mayor 0 " 9,^ CITY 017 RANCI10 CUCANK ENGINEERING l)ll'ISION 3y VICINiTI' NIAP TRACT 9584 Page Gothic" No. 6:'E -_ Margin - 12 - 96 _ 612i 6128 612• CITY OF RANCHO CUMIONGA SUBDi'715ID14 IMPROVEMENT AGREEMENT TRACT NO. 9584 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of Califorr, and of the applicable ordinances oG the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and THE DEER CRREK COMPANY eretnafter referred to as the Subdivider WITNESSETH: THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said City as she. on the previously approved Tentative Map of Tract No. ggga_; and. WHEREAS, said City has established certain requirements to be not by said Subdivider as prerequisite to approval of the Final Map of said Tract by said City; NOU, THEREFORE, it is hereby agreed by said City and by said Subdivider as follows: 1. The Subdivider hereby agrees to construct at Subdivider's expense all improvement described on Page 5 hereof within twenty -four months from the date hereof. 2. This agreement shall run for a period of one year from the date of the resolution of the Council of said City approving said inai Map and this agreement. This agreement shall be in default on the day following the seco anniversary date of said approval unless an extension of time has been gran by said City as hereinafter provided. 3. The Subdivider may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than four weeks before the expiration date hereof, and -shall contain a statement of nrcumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. C. if the Subdivider fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be amt by any lawful means, and thereupon recover from the Subdivider and /or his surety the full cost and expense incurred. 5. The Subdivider shall provide metered water service to each lot on said Tract in accordance with the regulations, schedules, and fees of the Cucamonga County Water nistrict. 6. Utility- Oeposit- Statement. Subdivider shall file with the City Engineer, prior to the co=encement of any wort to he perfor:red within the areas deae r5 bed by said nap, a written sL'tdrent sicnM by 9rtd ivide r, and each public utility carpe �'.uon involved, to tM eftnct that Su6divider has made the deposit legally required by Stich ruhlic utility corporation fur the concr:c; ion of any and all P"l a utilities to be sutplled by such Corporation within such subdivision. 7. The Sritlivider shall be responsible for replacement, relocation, or removal of any co ^000ent of any irrigatinn water system in conflict with construction of re;:uired improvements to the Satisfaction of the City Engineer and the owner of such water system. CJ 7 1 ^ It1r ROFEIEar ACACEa,IE'tT TMCT t:0. 9584 PACE 8. Imp rove +w nta 1e9nired to he mn:arueted shall ten Gum to the Standard • prawfn gs and Standard Specificncions of the City, and to the Improvements Plan approved by and no file In the office of tla City Pngineer, Sold Improvements a e tabulated en the Construction and Pond Estimate, hereby incorporated of Page 5 hereof, as taken from the improvement plans listed thereon by ponder. The Subdivider shall also be responsible for construe- then of any transitions or other incidental work beyond the twee bound- aries as needed for safety and proper surface drainage. 9. Construction permits shall be obtained by u+r Subdivider from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention 6fee. to safety procedures, control of duct, noise, or ether nuisance to the area, and to proper notification of public utilities and City Departments. failure to comply with this section shall be subject to the penalties provided [berefor. 10. The Subdivider shall be responsible for removal of all lease rash, and other debris from vuhlic rights of way within or adjoining said Tract resulting from development work relative to said Trace, 11. Work done within existing streets shall be diligently pursued to completion. 13. Putkvay trees required to be planted shall be planted by the Subdivider after other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in a ce.,dnote with the planting dia- gram approved by the City Community Development Dir.cinr in all locations where the adjoining let bas been completely developed and built upon. The Subdivider shall be res- ponsible for maintaining all trees planted in Sued health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Subdivider is responsible for meeting all conditions established by the • City pursuant to the Subdivision slap Act, City ordinances, and this agree- ment for the Tract, and for the maintenance of all improvements constructed thereunder until the Tract is accepted for maintenance by the City, and no improvement serntity provided herewith shall be released before Inch accep- tance unless otherwise provided and auchorixed by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee bond here- inafter described bps been released by rile City, or until a new agreement topetl,ua with tlu required Improvement I aril, he, been submitted to the City by a successor to the Subdivider herein m.iced, and by resolurion of the City Council s me has been accepted, and this agreement and the Improvement security therefor has been released. 15. Tic improvement s urity to be furnisled by tlu Subdivider with this agree- ment shall <o esisn of the following, and shall be .pp roved by the CIL, Attorney: A. A ruithful err Rnn.m re guarantee bond assuriel completion by the Sob - divider of If rondltinns prercanioite to acceptance of the Tract by the City. R. A material and 1n1.or pnvn,mrt goar.nere hand a inS p.rmr.t in full by the 5 „bdivider for ell m.tcr64s, servieec, e4nirmrnt rentals, end imbue firnirlmd to the Subdivlder in the course of meeting the condttlong of this mgr, mrnt, C. A rant, epns,t vilh The City to guarantee payrrnt by the subdivider to ehr trorl vigi,T'v, . rveyor whole rerluicaty ar,ear•, upon the final trarl Hon• fill Ibr .etting er 111 h art hnundarv, pot r .11,11 street •,n aril nr. rxnm -Into and for fnrninbpng centreline tie netts to the City. 711, amn,mt of nw, Arrnslt m v be any a ma certified by the tract eng- v rep Uhlr paynrnlnfn Odli or, if n value Is cub - rin rJ�r that, rob rleedar. hall be as chnwm on tl,e [nnstructlon and Aoad E.tirl c.mtalmJ herein. F_ L 1 Y BfOlg VITROVEIVIT A(;nE'IE::T TRACT t:0. 9584 FACE _ ♦ Said cash deposit may, be refunded as soon as procedure permits afteO receipt by the City of the c ntorline tic notes and written assurance of payment in full from the tract engineer or server., D. no required bonds and the principal amounts theeeef are act forth on page 4 of this agreement. Ib. The maintenance gm .also bond herelnabove referred to shall be furnished by the Subdivider to guarantee any and all portions of all improvements free of defects of materials or workmanship for a petted of oM year from the date of acceptance of the Tract by the City, and shall be furnlshed prior to such acceptance and release of the above de ... lbed it cm,ement security. Vila ma inten.nee guarantee bend also specifically includes all specified work .f any parkway maintenance "eE.ament district that may be requirement of this tract, during 'let period of time for which the Sub - dietder, is required to provide such maintenance. Said maintenance guarantee bond shall equal 5E of the construction esti- mate or 5200.00, whichever is greater. 17. That the Developer shall take out and maintain, during the term of this ngrtemmt, s rlr public liability and prnperte damage insurance as-ahatl protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may .rise because of the nature of the work or free operations under this agreement, whether such operations be by Mirm,lt or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, .wen though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persona. The public liability and property damage insuranee-shall also directly protect the City, its officers, *Cants and employees, as sell a. the Develops.. his contractors and fill subcontractors, and all Insurance policies issued hereunder shall ao lest.. The amount. of ouch insurance shall be as follovat A. Coat mein r'x liability insurance providing bodily injury or death lie bility limits of not less than $700.000 for each person and $1,000,000 for each accident or occurrence, and property damage liability It-it' of not lens than $100,000 for each accident or occurrence with an agg- regate limit of $200,000 for claims which may arise from the operations of the Developer in the performance of the work herein provided. A. Automobile liability Insurance m vering .11 vehicles ..ad in the per- formance of this agreement providing bodily injure liability limits of not less thon $:00,000 for each person and $300.000 (.f each acci- dent .1 nnrrnc., and prep -et, damage liability limits of not less than $50,000 for each Acddent or oc n,rrente, still an aggregate of net I... than $100.000 which m OF arise Irem the .,,felt... of the Developer or his Eo,ttrctar In pert. cm(ng the work provided fat herd.. la. That before the execution of this .gteement. the Developer shall file with the City a certificate or certificates of insurance covering the specified Insurance. Each such certificate shall bear an andotsement precluding the coneeilatiess, or reduction it cnverage of any policy evidence* by such crtmcate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. • gCE23C ^��� • 11PR07EMENT AGREEMENT TRACT NO. 9584 PAGE 4 As evidence of understanding the provisions contained herein, and of intent to comply with Same, the Subdivider has suF.uitted the below described improvement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND Description: Principal Amount: $272,000 Surety: Attorney -in -Fact: Address: - MATERIAL AND LABOR PAYMENT BOND Description: Principal Arai $136,000 Surety: Attorney -in -Fact: Address: CASH DEPOSIT MONUMENTING BOND $3,850.00 Amount stipulated by tract engineer or surveyor: Amount as shown on Construction and Bond Estimate: • Amount deposited per Cash Receipt No. Date NAINTE9ANCE GUARANTEE BOND To be posted prior to acceptance of the tract by the City. Principal Amount: 13,600.00 IN ':ITIIES5 HEREOF, the parties hereto have caused these present; to be duly executed and acknowledged with all formalities required by 1a., on the dates set forth opposite their signatures. THE E9 cFEBA COSIPhIY Date Ontoher 2. 1981 by ^,RG'� Gi I'i+'i1P• a ° r 'SLAiA .tfL?.r B Oa (_= Oc tnbrr ., In ?t by Fta / Subdivider ;. L" ?Si t 'vtnnr P.vaI i. trirfin. es'+,t CITY OF RANCPi CUCT,'?;GA, CALiF: }'dd a municipal corporation by , Ma"r Attest: [I ty C1 a 4. -f , --- Tit, itterncy Clr( OF RANMIO CCC:aIONGA • CONSTRUCTION AND BOND ESTI:4ITC ERCEOACTIENT PERMS FEE SCLEOULS (Attach to "Inspector's Cup, ") October 2, 1981 PERIIT N0. COMPUTED BY C r.. Fite Reference TR 9584 City Br..0, No.. 698 NOTE Oeee not inelude current fee for rlei., pS.iL er pa,tcrol replace - .ent deposica. CONSTRUCTION COST ESTS TE ITEM OTIAN7MLFNTT I UNTT OS 5 •0'^. "r S Pr . r.'9 -A" e. F. A On 4R 114 00 ^.E.0. ' Cure only C.F. QF L.F. A.C. Xern (s,an nin) I. F. 4" P.C.C. S drvalk S.F. 5" Ori re Annrracn ]980 S.F. 2.10 16 75 .00 N" P.0.C. Croix fu t[e[ 94 S.F. 0 .00 Street E[eal.linn I imu: cetl E.banR d.r 0.1'. Pre.Naratlan of Sub -lade 1 49 S.F. .) 7 24 .65 "1]00 S.F. A.C. Inver [Una) 3875 TON A.C. f9OO to 1300 tonal TON a r [n Son [ona TON e—d., 5M na) I TO] Pace A.L. (trench) I S.F. 1" Thick A.C. I S.F. AM 1— p r de Admat Sever C.O. to Grade I EA. f EA. ld 1.SL Rater falvex to trade I F.A. 'In-e. 1 1S I F.A. I-SOO.00 22-Son-00 5 r r "In, 1 4 1 EA. 200,00 Street —1 a I iA. ARRICA0E5 IZU I kA- 700 18" RCP 24" REP CATCH BASIN L•_ 14 LA. w,z5u.uO I,zuu.uu REMOVE EXIST BARRICADES 1 3 VV— . �G CONSTRUCTION COST $247,123.65 COHTtNr,EOCS' COSTS 4 24.212„j2_ TOM CONSTRUCTION COSTS l 71 RVA 01 FAITHFUL FERFOMANCC BONG (10050 $272.000 OD UBOR AND MATERIAL BOND (50.) t136.n00 On ENGINEERING INSPECTION FEE 11,505.00 (FEE SCHEDULE) MO:.VIENTATIO': FANG (CASH) 3,850.00 • BOND NO.: 103554 PREMIUM $2,720.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California and (hereinafter designate as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ac,oem > font 199, and identified as project Tgw, -�. is hereby referred to and made a part WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and c Rucu onuY as surety,, are held and "firmly bound unto the City 0, Rancho Cucamonga (hereinafter called "City "), in the penal sum of Iwo Hundred Seventy Two Thousand and no /100 ---- - - - - -- Do lars ($ , 1 aw ul money Of e United States, or the payment o w E—h l ct sum ve 1 and truly to be made, we bind ourselves, our heirs, successors, executors and admini- strators, jointly and severally, firmly by these presents. / 7 The condition of this obligation is such that if the above • 1 bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless • City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. , The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accmnpanying the are shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on OCTOBER z. , 1981. BY: THE DEER CREEK COMVANV, a General Paetnarflhi BY: GRIGSPI' MVVE�LOPH INC., A Grtue ral Nairn, BY: //( IOC BY: UEVfn,MTRS INSUMNIE COMPANY, surety H. er Incby. lr • Pte4 ident ^/ NSA' •By -t ') +V�o.t. BY: GRIFFEN rR;vg9PMEHT,CO., d Gencrnl Parana, _ Larry R. Ande r:aon, Attorney- in-Fact BY: Paul E. Griffin, J,/, Pre Sidpnt / 7 BOND NO.: 103554 -A PREMIUM : INCLUDED LABOR AND MATERIALMEN BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and THE DEER CREEK COMPANY (hereinafter designated as "princapa ) ave ¢n to red nto an agreement whereby principal agrees to install and complete Certain designated public improvements, which said agreement, dated oCM9Ex 2 1981, and identified as project TRACT 9594 _ 1s ereby re —C -T— to an ma e A part ereo� ate— WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient paynent bond with the City of Rancho Cucanonga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOti, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the Sum of One hundred thirty six thousand and no /100 -------- --------- ------------ ars or mater als urnrshed or a or t ereon o any kind, or or— i—amoun isdua under the • Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Coder so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwl9e it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named. on OCceFR 2 , 1981. BY: THE UrR CUE. COMPANY, a General ParOVt] hip By CD Jgs0V DEVVEEEWr4ENT INC., a Central Partner Y: COMPANY, Surety BY: r• �+ Paolo M. Grigg +Y •i 'f President LarPy R. Anderson. Attorney- in -6Y: GRTPPTN DEVELOPMENT CO., a General Partner Tact BY; / •. Pout F G[i (fl n, 1[.i ProeidMt �1n • • 7 n,mv nc o A XTPUn rT Tr a unhM e The subject map, located on the east side of Haven Avenue, north of Hillside Road, submitted by Deer Creek Co., was tentatively approved by the County and extended for one year by the City on October 26, 1980. An agreement and bonds insuring the construction of off -site improvements have been received in the following amounts: Faithful Performance $230,000.00 Labor and Material $115,000.00 A letter of approval has been received from Cucamonga County Water District. C. C. 6 R's have previously been recorded. "CUPOLNUA IUn: It is recommended that City Council adopt the attached Resolution authorizing the City Clerk and City Engineer to sign said map and foward it to the County Recorder. Respectfull submitted, LBti:BK:bc Attachments %y STAFF REPORT god n DATE: October 21, 1981 I Z TO: City Council and City Manager O� 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Tract Map 9584 -2, Bonds and Agreement - Deer Creek Co. The subject map, located on the east side of Haven Avenue, north of Hillside Road, submitted by Deer Creek Co., was tentatively approved by the County and extended for one year by the City on October 26, 1980. An agreement and bonds insuring the construction of off -site improvements have been received in the following amounts: Faithful Performance $230,000.00 Labor and Material $115,000.00 A letter of approval has been received from Cucamonga County Water District. C. C. 6 R's have previously been recorded. "CUPOLNUA IUn: It is recommended that City Council adopt the attached Resolution authorizing the City Clerk and City Engineer to sign said map and foward it to the County Recorder. Respectfull submitted, LBti:BK:bc Attachments %y RESOLUTION NO. • 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9584 -2 WHEREAS, the Tentative Map of Tract No. 9584 -2, consisting of 45 lots, submitted by Deer Creek Company Subdivider, located east of Haven, north of Wilson Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient improvement security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved • and the Mayor is authorized to execute same on behalf of said City, the City Clerk is authorized to attest thereto; and, 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and, 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981, AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk z �� 0 9 ,. crry or• ►t:\Ncl io cuci \io.Nc,\ A ENGINEERING DIVISION VICINITY \I: \I' 1 �, l TRACT 9584 -2 P .1Si CITY OF RANCID CUCAMONGA SUBDIVISION IMPROVEMENT AOREEt6NT TRACT NO. 9584 -2 KNOW ALL LIEN BY THESE rfUSFNTS: That this agreement is made and entered into, in conformance with the Provisions of the Subdivision Map Act of the State of California, and nr he app li cabin ordinances of the City of Rancho Cucamonga, California. a municipal corporation, by and between as id City, here- inafter referred to as the City, and - DEER CREEK COMPANY , hereinafter voleered to as the subdivider. , WITNESSETH: THAT, WHEREAS, said Subdivider desire., to subdivide remain real property in said City as shown on the previously approved Tentative Map of Tract No. 9584 -2 and, WHEREAS, said City has established certain requirements to be met by said Sub- divider as prerequisite to approval of the Final Map of said Tract by said City; NON, TIEREFORE, it is Irtreby agreed by said City and by said Subivider as fol low: I. The Subdivider hereby agrees to construct at Subdivider's expense all Im- provements described on Page 5 hereof within twenty -four months frm th� data hereof. i. This agreement shall run fnr a period of two Years from the date of the resolution of the Council of said City approving said Final Map and this a6,,ment. This .,moment shalt be in default on the day following the second anniversary date of said approval unless on ion or Cie. has bren granted by said City as hereinafter provided. 1. The Subdivider may regvest an excension of rime to complete the terms here - Of. Such request shall he n,,bOtttcd to the City in writing not less than weeks before the expiration date hereof, and shall contain a statement Of circumstances nceessitating the extension of t1we. The City sball have the right to tvvicw the Vtovisions of this ioraco -rt. iocludlnc tLe crn- slruction so�uda sin, lost estimate, and improvement securitY, and to rrquf re adjustmentx therein if any substantial change has occurred during the term hrreof. 4. If the Subdivtdrr fails Or ncglectx to comply with the provisions of this agreement, :br City 'hall III— 111e ftgnt at airy too to cause said .� prm'1- sions to hr mrl b, a lawful n d the re,q.on r r fern the Sub- divider and /tar his surety the Mull an cost and expense incurred. 5. The Subdivider - I�.,II 11OIi'II eltnr,:d water Polo to rash tut on ..aid Tract in rnnlaurr vihh fta rv'gnl ,Minns, srhnAulcr„ and Ices of the Cucamonga County N.ltnr Ui:.t Pic 1. b. U"Itt Y1b1un1it- Slnle,mnt. Subdivider shall file with Ihr Clly Enclorer, Pnnr to for c anent of a work to he yorlors,d within the a s Jes- "t"ed by slid ..m....1 wriu cu stnlrment slgnvJ by subdivider, and each public util lay volP^tnl inn involved, to the offutt that Subdivider b,, mrde the d- posit legally hrdnilrd by ,orb public utility ,nhpurat inn for the ennoee- Linn of any and ell publle utilities to be supplied by sudl Corporation with - to such sublivislon. , T. The Subdivider shall Im resPmwthlc for ro.plu,vet. , rele,.W.n, dt re10 of any component of any Irrigation water syslrm in conflict with construction al regoirrd Improvements to the satj,f.,tlu. of III, City Engtneer sod the owner of and, water system. RCE22A �c hl evL u'I:n \T -`IlLr n:bf.Cli':T TgAC: ':O, 958: -Z PACE . 8. InT roar rc etc rcgnireA to he constructed shall ronfnrn to the Standard Drawings and Stamdntd Specifications of the City, and to the lep[ovemonts Plan arproved by and on file in the office of the City Engineer. Said i mp rove vents .+ a tabulated on the Conctrvctfon and Bond Estimate, hereby incorporated n: page 5 hereof, as taken from the improvement plans listed thereon by tn,mbor. Tile Subdivider shall also he responsible for monde., tion of any transicfoos or other incidental work beyond the tract bound- aries as naednd 01 safety and paper, surface drainage, 9. Constramtion perelta shall be obtained by the 5111ldivider from the office of the City Fnpineer prier In sear[ of work; all regulations listed thereon shall be observed, with attention given m safety procedures, control of Just. AuiAr, or other nuisance t. the area, and ro proper verification of public utilities and city pel•artmco[s. Failure to comply with this section shall he subject ro the penalties provided therefor. 10. The Subdivider shall be responsible for rearval of all loner ranks and other JMri. (ram- pnbllc rights of way within or adjoining said Tract resulting fro. development work relative to said Tract. 11. Nark done uitbin cailtin, streets shall be diligently pursued to conpletioa. 13. Pakway trees required to be planted shall be planted by the Subdivider aft. ether irs,relemm, week, grading, and cleanup has been ca.pleted. Planate, shall be done as provided by ordinance in accordance with the planting dia- gram approved by the City Cnr,monfty Development Director in all locations where the adjoining lot has been completely developed and built capon. Tim Subdivider shall be rcs- "ralible for m a intaining all trees planted in good health until the end of the guarante•dmaintenance p.tied, or for one year after planting, whichever is later. • 13. The snbdivider, is rle,ce.ibin for meeting all conditions established by the City pursuant to the Subdivision ?lap Act, City ordinances, and this agree - mont for the Tract, and for the maintenance of all improvements constructed thereunder until the Tract is Accepted for maintenance by the City, and n imTnovem aI s ... 1ritY Provided herewith sbali be released before snch aerep- tn"r, unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall net terminate until the maintenance guarantee bond her. inafur deacribed bas been released by the City, or Instil a rev agreement together with the reluired lmrmvom nt sncnrity has been submitted to the city by A swcces.,nr to the Subdivider herein armed, and by resolution of ehe City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The ing,m vemvnt seorrlty to be furojshed by the Subdivider with this agree- ment shaft conpist of tin following, and shall be approved by Oho City Attorney: C. A. A fuitbful rerfnre+nce guarantee bond a taring cnmlfletion by the Sub- divider of all condition, prerrAnisits to acceptance of the Tract by Iia Cit,. B. A material :unl Inhnr pay meat guarantee band a ,n ri of payment in full by the Snbn:ividvr for all materinls, s ,viers, ngnipment rentals, and mbar fur ' shrd to thSubdivider e S in the course of meeting the conditions of this a grrrm,•nt. C. A ra..1, dr l,,,It with rho City tow gnarnnI er p. vs, A by the Suhdf vide, tA ❑sr vurI rag I er , w ynr who,, rev ilirnto nrrears upon the Final T"" 'lq• in, iii• <rlt•In F. n1 all unct bon....." lot ,er. and street rem eel n•r n nnA I'll f.no llIte, centerline Lie pet,'. to tho City 11- It of the drrnlit ray be Any ., of rertdfiod by the rtaot eng- resin Inerr n �,1111c, o ar1.,tablr P.hy... l fell; .1, 11 no wait,, I sub- rtile mitted, r,.l, broil •,hall be as shave on Ilse Cen%trnctlon And Bond • fslimnc con minvJ Imrcin. C. • ❑Sit +v[`IC:ry R:. _'EIlE1:T TRACT Y.D. 9584-2 FACE Said cash JrpeiiI may be reftoded a soon as p,.ccdgre permits site• eeipl by the City of the centerline tic notes and written aaauranct of payment to full from the tract engineer o r vcyor. D. the required hard, sad the principal aemuata thereof are get forth on page 4 of this agreement. 16. The maintenance guarantee bond hereinabove referred to shall be furnished by the Subdivider to guarantee any and all portions of all improvements free of defects of materials or workmanship for a period of one year from the date of acceptance of the Tract by the City, and shall be furnished prior to such a c ceptance and release of the above described improvement security. This maintenance guarantee hand also specifically includes all specified work of any parkway ,naintcuance asea..mont district that may be requirement of this tract, during the period of time for which the Sub- divider is required to provide such maintenance. Said maintenance g,harancee bond shall equal 50 of the construction esti- mate or $200,00, whichever is greater. ❑, That the Developer shall take out and maintain, during the term of this ' np ree,n'nL such public liability and prnpert, damage Insurance a shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature or the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or Indirectly emploved by said persons, even though such damages be not c a pe sad by the negllgente of the Develor or any eon tractor or subcontractor or anyone employed by said persons. The public liability and pfope c,y damage ins urance'shall also directly protect the City, its officers, agents and employees, as well as the Developer, big Contractors and his subcontractors, and all insurance, policies issued hereunder shall ao state. The amames of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury or death 19 bility limits of not less than $700,000 for each person and $1,000,000 for each accident or occurrence, and property damage liability limits of not lens than $100,000 for each • cident or occurrence with as agg- regate limit of 5200,000 for claims which may arise from the operations or the Developer in the perfprmance of the work herein provided. B. dntomobile liability insurance covering all vehicles used in the per- of this agreement providing bodily injury liability limits of not less than $:00,000 for each person and $100,000 foi each acci- dent or mccolclnce, and property damage liability limas of out less than $50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which m v arise from the operations of the Developer or his Coneraclor to performing the work provided foe herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified Insurance. Each such certificate shall bear an endorsement precluding the cancellations, or fednctipn in coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the Insurance carrier, RCg1tC /� d 4 IIIr NUCEMEN1, M ;RMIENT TRAIT Y.O. 9580_2 PAGE c • As evidence of n derstandine the Prnvlaions contained herein, and of intent In conply with s s , the Subdivider has Fu bmitted the below described reprove. u .not scvity, and has affixed his signature hereto: FAITHrUL PEAFOWIANCE BOND Description: Princfpal Mount: 230,900.CO Surety: ABtorO,-in -Fact: Address: MATERIAL AND LABOR PAYNENT BOND Description: Principal Mount: 115,000.00 Surety: At comp• -i n -Fact : Address: CASH DEPOSIT NONUHENTING BOND 3,450.00 Amount stipulated by tract engineer or surveyor: Moue; as shn.,e on Construction and Bond Estimate: 2aaount deposited per Cosh Receipt No, Date M14TEYANCE GUARANTEE BOND • To be posted prior to acceptance of the tract by the City. Principal Amount: 11,500.00 ♦RRRRRRRRR I,RRRaa,lRRxa1 IN t!IIPCSS HFSF.OF, the parties hereto have caused these presents to be ' duly a cuted and acknowledged vi N: al] Formalities required by Aaw on the dates set forth opposite their signatures. THE DAR CREEK CO,ypANYr fGe� 47 Partnership • Date October lr 1981 byEY:G f,5a nEVRLOP IT,�.((t. Nff1�iO�-.a/,aaG1 oral Parf:9abdivider Date octobar 1 1981 byY' all+an A.Grigsay, flea +dent _ Subdivider 8Y:GR1FYI"VCWPMENT CO., a Nerveral Partner RY: eel E. Gr1 (Y1n,Sr•r Preaadent • CITY OF RANC110 MCAHOBOA, CALIFORNIA a municipal cnrporatlnn by Mayor Attest: C1 17 Clcck Date • R RCE220 it , lw C. TO,:CA c"p., DATE: . 9/30/81 PERMIT NO, COMPUTED 3Y C.R. File R.j.,n, TR 9584-2 424 :OTC: W.. CONSTRUCTION COST ESTIMATE T 7 It I LNTT 1-VI r, 2",660,00 TOTAL CONq•CTTON COSTS F I I 23n.000.00 IACC', AND MATERIA1. WND (50.) T I INSPECTION FFF 91825.P (rFE SCI"ULE) NON0.. I CNTAT TO'; RUND 3,450.00 I. G. Holn IS2OO mtn) • ...C.C. Cr,, 1p .-_U erl _.F• I, 1 9000 . . ..... 0, A.C. TON F TON 70% S. F. lows[ r C.O. to Glade EA. t, °a. 00.0 u. • F I woes i A. LA. n n 0 CONSTRUCTIO.'; COST 207,30 O.nn CONTPXENCY COSTS 2",660,00 TOTAL CONq•CTTON COSTS 220.900.00 FAITHFUL PCRFORNANCE WND (100',') 23n.000.00 IACC', AND MATERIA1. WND (50.) 115,C00 00 INSPECTION FFF 91825.P (rFE SCI"ULE) NON0.. I CNTAT TO'; RUND 3,450.00 • iii 0 BOND NO.: 103552 -A PRGMIUM : INCLUDED LABOR AND MATERIALMEN BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and ((hereinafter designated as "principal r °)e have entered into an agreement whereby principal agrees to install and complete cer- tain des=X. d public improvements, which said agreement, dated 1, 1991 , and identified as pro- ject is hereby 'referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- __ monga to secure the claims to which reference is made in Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the 1 Civil Cede of the State of California. NOiv, THE.EICIIR, said principal and the undersicned as s a corpo -ate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material - men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One hundred fifteen thousand and no /100 --------------- - - - -- Dollars IS ,000.0 ), for materials • furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such oblicaticn, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (tormenting with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Shoald the co•3i Lion of this bond be fully performed, then this nhligaticn shall become null and void, otherwise it shall be and re,,iin in full force and effect, The surety hereby stipulates and agrees that no chance, ex- tension Of tiro, alteration or addition to the fens of said or spcci:;Glticns aceonpanying the same shall in ev. - .. ge !t its oF,lination, on this bond, and it d... her. - b. v, nct;rl of any such charge, extension, alteration or ad- this instr.,cnt h..n been dul;' esncuad by th- 4vinci Del Dr.d surety above nacod, on OCME.R 1. • Ur.V!.I4PCi5 1N..:UR46CE CG::PAUY, Surety I arry R. Anderson, door re y -ln -Fact �7 BY: THE DEEP CREEK COxi'id:Y,a Len•`rul Partn -rship BY: GRIGSBY DEVE'IGPaxT,INC Ge..' Yartnar aT:�I�fil)f BY: GNlrfin DIoVELOPMENT CO., a General P.artncr � BY; i� p Veul E. G If rn, h., Pfe.id .t BOND NO.: 103552 • PREMIUM $2,300.00 FAITHFUL P£RFOPYANCE BOUD NHEREAS, the City Council of the Citv of Rancho Cucamonga, State of California, and Ms DESA CRIZK CO AKY (here r nafter designated as - prr:.clpal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated pubiio improvements, which said agreement, dated ornosER !. , 19 E1 , and identified as Project TRACT 9584 -2 is hereby refcrrei to and made a part hereof; acne WHEREAS, said principal is required under the terms of said agreement to furnish A bond for the faithful performance of said agreement. NON, THEREFORE, w0 the principal and DEVELOPERS INSURANCE COMPANY , as surety, r— a he l� dOd firmly bound unto the City of Rancto Cucamonga Ihereirafter called "City "), in the penal sum of Ten Rundred Thi,tV Thousand and Wloo - Dollars ( 230 000.00 I awful money o; the Unr ted States, or the payment of which sum well and truly to b- made, we bind ourselves, our heirs, successors, execu- tors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above . bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, acents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and affect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no chance, ex- tension of tine, alteration or addition to the terns of the aq.ner.ont or to the worl: to be performed thereunder or tha spec - i— cation:; accce. r.r.yinrn the care shall in ar.,,, sa affect its oR!iq:.Gluns of thts bond, and it does hereby ,,aive notice of any cveh cim Agee c::t.enslon of time, alteration or addition to the tors of the anrcen:ent or to the t: nih or to the sceeifieaeionP. Lhis inr.Lr::: vIt has been du:v e::eec:ed r:r.c ioal 'In'! ..u:e ;y cbove nared, on =C:n.r 1. 19 nl - -_ DF.V—EIWFERi VlZU,,P.AY!'E CIKrV Y, Surety Ljj:,,x,R. Anderson, Attorney -ln- P.Y t 4`.'_ BY: THE LEER CAEEr. Co8>dNY,a General Partnergrip BY: GFIGaaY DE \TWFY2Nt,IGener Port• BY: R. YT 'll LLam P. Gnaca Y, csumr BY: GAIErttr o8l•E.WPFYIIt CO., a General Partner BY: 2i J / 4 Paul L. G ';fin, Jr., President Ul CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 21, 1981 0 TO: City Council and City Manager u 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Bonds and Agreement for D.R. 79 -06 - Fredricks Development Corp., located at the northwest corner of 19th Street and Ramona Avenue Fredricks Development is submitting the attached bonds and agre to insure construction of offsite improvements for Director Rev 79 -06 located at the northwest corner of 19th Street and Ramona Avenue. Faithful Performance $63,000.00 Labor and Material $31,500.00 RECOMMENDATION• It is recommended that City Council adopt the attached Resolution and authorize the Mayor and City Clerk to sign and accept the agreement and bonds. Respectfully submitted, LHB:BK:bc Attachments , • RESOLUTION NO. —/-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NUMBER 79 -06. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on October 8, 1981 by Fredericks Development Corporation as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at the northwest corner of 19th Street and Ramona Avenue. 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. 79 -06; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient improvement security, which is identified in said Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City • of Rancho Cucamonga, California, that said Improvement Agreement and said improvement security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: ATTEST: Lauren hl. Wasserman, City • Phillip D. Schlosser, Mayor C� 0 • : ........ �Y i' i r I :n 4w.w A', CITY 017 RANCHO CUCAIMONGA /.� D. R. 'cr /; :• y; F\G\ffRl \G DI \1510\ � T ., VICINITY MAP page 1477-�y 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and Fredericks Development Corp. _ hereinafter referred to as the Developer. WITNESSETH THAT, WHEREAS, Pursuant to said Code, Developer has requested approval by the City of, Director Review 79 -06 in accordance with the pravanons of the report a the Community Deve opment Director thereon, and any amendments thereto: located on the northwest Corner of 19th Street and Rxnnna and. WHEREAS, the City has established Certain requirements to be met by said developer prior to granting the final approval of the development: and WHEREAS, the execution of this agreement and Posting of improvement security as hereinafter cited, and approved by the City Attorney, are seemed to be equivalent to prior completion of said requirements for the purpose of securing said approval; NOW. THEREFORE, it is hereby agreed by and between the City and the Developer as follows: 1. The developer hereby agrees to construct at developer's expense all • Improvements described on page 3 hereof within 9 months from the date hereof. 2• The term of this agreement shall be 9 months , commencing on the date of execution hereof by the City. This agreement shall be in default on the day Following the last 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- sions of this agreement, in writing not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have. the right at any tire to cause said provi- sions to be completed by any lawful means, and thereupon to recover from said Oevelaper and /or his Surety tfa full cost and expense incurred in so doing. 5. Enc era c n:ne n[ permits shall be obtained by the Developer from the office of the City Engineer 1110, to start of any work within the public right. of -stay, and the developer shall conduct such work in full compliance with the regulations contained therein. Non - compliance may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right -of -,ray inprovement work required shall be constructed in conformance with approved Improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall Inclw:e any transitions and /or other incidental work deemed necessary for drainage or public safety. `5`a n u IMPROVEMENT AGREEMENT 7. Mork done within existing streets sMll be diligently pursued to comple- tion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. B. The Developer shall be responsible for replacement, relocation, or re- moval of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right -of -way resulting from work done an the adjacent property or within said right -of -way. - 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11, The improvement security to be furnished by the Developer to guarantee c- oletion of the terns of this agreement shall he subject to the approval of the City Attorney. The principal amount of said improvement security shall be not less than the amount shown below: IMPROVEMENT SECURITY SUMMED; Faithful performance Bond tea onn an Material and Labor Bond tat con on • IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalitias required by law an the dates set forth opposite their signatures: ///��— BE j.G /`/ BY: DATE: -fee a er Exec�ve v.ce PreeTdS1R B'f:r_- &,•'L�LIf DATE: —Char o p%yp :; !(-a sysEaRF Sgt'Y2 [SYp WITNESS: .Y� " ; ^7 e DATE: ED -e -el ave ra y CITY OF RANCHO CUCA40NGA, CALIFORNIA C7 a municipal corporation san ar tuu0range }" ta.m. or_ob_ October A 1981 a.rw. ..w. n. „wr.y.w. CLERK o„ Wade Cable _ "Ex VL Cherlocee Yeear AS., [a at _wrr. nr ei .. ..... rN rM .limn ro,rrrm.nr. <xaXa,SeX�Gi: .^. ul^Yy.+s9epn. A�..� .................r..a ... _ // 00NI4 `.f FOIVLui 'm/r •e•••�• �"�N V f �. [ me 1. If ^a ' m�a •.65 .r �M. -n e. i . DDOO i D,r M. li wl.r • .." I. C7 CI:': OP N ', ::P.O 0:;D OTM CCIDACTITIOn EC!1 ]O:A ESCNEDUL E:(ttacto PERMIT PEE SCopy")_ (Attach co ••xnzrec co is Copy") GATE: 10 /5 /e1 PERMIT 30, COM PUTED BY 8. Kral! File Reference D,R. 79 -06 City Drawing No.s ThfO NOTE: Wes net inexude current fee for writing peenie oc pavement replace- ..., depoeica. CONSTRUCTION COST EST ME t-r,, OG.AYRTY I VITT I V 4.355.00 n., - I,° :- r 63,000.00 I I S 63,000.00 * .,C. rn h - All r s. 610 1 *... y. 8.00 2.960.00 4 BO.CO n C.F. L. F. MON=T.NTATION BOND (C \Sip 0 A.C. gam 19::)0`n(nl I L. F. I" o,G r. Sidr•:al'a .1. F. 2.00 .0 V mile 4 ?rh S. F. °. f.. f.. t'ren< rnttcr Spandrei 1 77— . •U Screer :: rarfan 1 C.Y. IraS2ehan:aent C.Y. Pa noon nF Bu6:rade rcllll B.F. =(9100 A.C. fLtXM 0 TON to 130 A. C.. f900 to ❑00 mrsl I TON 1 r. 9 �� , I TON C. r. nn TON Pntrh A.C. RrenrM I S.F. •' Cnick Ad. R—lav —q. F. ddlusr e r C.O. to Crade I Fl4 G. Adinar • salves t0 trade EA. I ..... . F.\. S1r111 S - EA. .w street T I ,A. Wheel Chav an s r I Red'n0O Mea er I 40 LT. 60.00 I F 55.00 4 400.00 In" R.C.P. Inlet aoron =1 1 1 I L COYSTRUMON COST 58.fi45.00 CONTINGENCY COSTS 4.355.00 TOTAL CONSIRUCT105 COSTS 63,000.00 FAITNrCL PERFORMANCE BOND (100°) 63,000.00 IAftOR AND `LATERIAL BOND (50]) 31,500.00 E::CINECR/NC ISSPFCTICN FEE 2.960.00 (FEE SCHEDULE) MON=T.NTATION BOND (C \Sip 0 • q't Bond No, 4164827 • eie: 5670.00 Executed in Triplicate FAITIUML PERFOP.M1ICt OOIIO MICMIS, the City Council of the City of Reecho Cucamonga, State or' California, and FREDRICKS OEVELOPMENT CORVORATIO4 (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated October 81h 19 el „ and identified as protect Own Hin nl - n R 79 -06 MC 19th Street and Ramona is hereby referred to and made a part hereof; and, 1.'H-AEAS, said principal is required under the terns of said agreement to furnish a bond for the faithful performance of said agreement. ' NO:4, TNEVPFORE, we the principal and SAFECO INSURANCE COMPANY OF AMFRI CA , as surety, or -- a held an8- firnly Louna unto the Cnty of Rancho Cucamonga (hereinafter called "City"), in the penal sum of sixty-three thousand and 001100--------- - -- Sollars IS 63 000 lawru money of the Unite States, for the payment a whit sum well and truly to be made, we bind ourselves, our heirs, successors, execu- tors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above • bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tior6 and provisions in the said agreement and any alteration thereof Dada as therein provided, on his or their part, to be kept and performed at the time and in the manner therein Spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and Save harmless City, its officers, agents add employees, as therein stipulated, then this obligation shall beccae null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- toraey's fees, incurred by City in successfully enforcing such pbilgatio n, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, ex- eensinn of time, alteration or addition to the terms of the anr ^.^.nent or to the wor!: to be oprforned thereunder o: the spec - icOtione accompanying Lhe same shall in anywise affect its 01)11- atinn; on thin bond, and iL does hereby waive notice of any such rho ngp, extoOr,non of time, alteration or addition to the terms of the agreement or to the work or to the specifications. I:1 Wr T::IIOS WHSRWV, this inatrumnnt has been duly executed by the principal and surety above named, on OCTOBER 8th 19 81 . FREORIC (a✓✓(R�� L���,,,,}; jT CORPORATION ey:y_i( LIGI� A e Ca b, e, %ccu ry i e Pres. by.: �rr11LCLC /< F3r� cr, C a[lo Cte Y� ec �e Fa "ty SAFECO INSURAUCCCCCC�WTANY OF AMERICA OY�ny, A�arneY n• att RCEt7 n Vj1 Bond No. 4164827 Executed in Triplicate Premium included in that on performance bond. LABOR AND MATERIALMEN BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and FREDRICKS DEVELOPMENT CORPORAT N (hereinafter designated me pr ano'pal ) eve entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated October 8th , 1981 , and identified as pro- ject ad Ramina _ is hereby re errs to ar. s ma e a pact eree an , WHEREAS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. - NON, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material - men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of thirty -one thousand, five hundred and 00 /100--------- - -- ---- --------------- ------ °----'-'---- Do lar9 B r Or materla under kind, or ar amounts due uzn'sned of ahoy t ereon of any the unemployment Insurance Ant with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hersinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and re be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 Commencing With Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this band. Should the condition of this bond be fully perforred, then this obligation shall become null and void, otherwise it shall le and remain in full force and effect. The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of said agrnemcnt or the specifications accompanying the samo shall in any manner affect its obligatiorm on this bond, and it does here- by waive notice of any such change, extension, alteration or ad- dition. IP WITNESS IillrPTOF, this instrument has been duly executed by the principal and surety above named, on October 8th 19 81 FREnRICS 11 C OPMENT OR� PORITIOB By. jca c (�xoc. v ce Preaid� 1. /�dttiis� c C a[lc It Ygao [, �cgig i[y SAFECO INSURANCE COMPANY OF t4JERICA �( J I Igry h. ny, Att .ey - Fatt sOEi4 By: �� Is • • i hi. 111v / 1 n J ).111}1 1111 ♦ un \,n - STAFF REPORT r g DATE: October 21, 1981 o c TO: City Council and City Manager U U � FROM: Lloyd Hubbs, City Engineer rm7 SUBJECT: Consent Calendar, Release of Bonds Tract 9440 - Located on the west side of Hermosa, north of Banyan OWNER: Crismar Development Corp. 2120 Wilshire Blvd. Suite 200 Santa Monica, California 90406 Release Road Maintenance Guarantee Bond $6,402.48 The road improvements for Tract 9440 are in an acceptable condition at this time and it is recommended that the Maintenance Guarantee Bond be released. Tract 9434 - Located on the south side of 19th Street, east of Haven Avenue OWNER: Chevron Construction Co. 2120 Wilshire Blvd. Suite 200 Santa Monica, California 90406 Release Road Maintenance Guarantee Bond $6,400.00 The road improvements for Tract 9434 are in an acceptable condition at this time and it is recommended that the Maintenance Guarantee Bond be released. Tract 9617 - Located southerly of Foothill Blvd., west of Hellman Avenue OWNER: M. J. Brock 6 Sons, Inc. 6767 Forest Lawn Drive Los Angeles, California 90068 Release Monumentation Bond $2,650.00 Certification from Thomas 0. McCuthan, Engineer indicates that all final monuments have been set and they have been paid in full. Parcel Map 5157 - Located at the northwest corner of Haven Avenue and 4th Street) OWNER: John 0. Lusk 8 Son 17550 Gillette Avenue Irvine, California 92713 Release Monumentation Bond 1 7 $3,250.00 • v MEMORANDUM V October 14, 1981 To: City Council - City Manager From: Finance Directo Subject: Quarterly Financial Report Please find attached a copy of the First Quarter Financial Report for fiscal year 1981 -82. The General Fund is experiencing a serious lack of revenue support for the expenditures incurred. As a result of the first three months of activity, the General Fund is in a deficit situation by $349,960. The deficit can be reduced, however, by transferring into the General Fund, $207,256 of Revenue Sharing and the available fund balance in the Central Services Fund of $167,458. An interesting note is that there has been only one month out of the first three that produced more revenue in the General Fund than was expended. This whole process has put a severe strain on cash flow, as more often than not, the General Fund supports the activities of other Funds until these other Funds have had a chance to catch up. If it weren't for the cash from Reserves, we may be in a borrowing situation. As a result, it has been necessary to freeze the use of Reserves until the General Fund has had a chance to recover. As things stand right now cash in Reserves has had to support deficits in the following funds: General Fund: Capital Reserve: Special Districts: Short Fall In Motor Vehicle in Lieu: $(349,960) (272,649) ( 8,263) (128,809) $ 759,681 We have all been aware of the effects of SD 102. This is the Bill that eliminated Financial Aid to Local Agencies (FALA) ($55,000); Liquor License Fees ($25,000); and Highway Carrier in Lieu Fees ($14,000). Also SB 102 reduced the amount of Motor Vehicle in Lieu Fees that we will receive and that amount has just been made available. For Rancho Cucamonga it is $128,809• This coupled with the permanent elimination of the above mentioned revenues, and a total slow down in building activity, has essentially forced a turn around in what otherwise has been a very healthy General Fund. Some of our fee related funds are showing signs of erosion due to the lack of building activity, i.e., the Storm Drain Fund. 0 I The Capital Reserve Fund is $272,649 down, however, it is anticipated that -I Quarterly Financial Report Page Two October 14, 1981 by the January 15, deadline for payment to the County, that this Fund, will in effect, have the necessary $750,000. This will necessitate transferring from Reserves approximately 100 -300 thousand dollars. Recommendation; Fund 55 (Central Services) deactivated and the fund balance of $167,458 transferred to the General Fund. Also fund balances from the Traffic Safety Fund ($15,815) and Revenue Sharing ($207,256) be transferred to the General Fund. This will, for now, eradicate the deficit situation in the General Fund. In addition, $128,809 should be transferred to the General Fund from Reserves to counter the Short Fall in Motor in Lieu Fees. MJE:mk 1? E • • .. Y' TAXES Property Taxes - Current Property Taxes - Prior Year Penalties & Interest Other Property- Related Taxes Total Taxes LICENSES b PERMITS Business Licenses Non - Business Licenses Building Permits Other Permits Total Licenses b Permits INTERGOVERNMENTAL REVENUE Sales b Use Tax Motor Vehicle In Lieu Other Intergov'tal Revenues Federal Grants State Grants a Total Intergov'tal Revenue -,CHARGES FOR SERVICES General Government Public Safety Recreation Total Charges for Svcs. FINES b FORFEITS Fines Forfeitures Total Fines b Forfeitures MISCELLANEOUS Interest Rents 6 Leases Other Revenue Total Miscellaneous TOTAL AVAILABLE REVENUE Y.T.D.: Year -To -Date INTERIM STATEMENT OF ACT* AND ESTIMATED REVENUE • Total 1991182 Sept. 1991/82 Y.T.D. Act. Nnrralizrd Y.T.D. Actual Rev. as a % of Est. Rev. Art. Rev, Revenue Revenue Est. Rev. $ 774,160 $ -0- $ -0- $ 774,160 -0- 29,950 -0- 9,592 19,358 33.14 1,000 -0- -0- 1,000 -0- 634,544 6,638 29,268 605,276 4.62 $1,438,654 $ 6,638 $ 38,860 $1,399,794 2.71 $ 190,000 $ 5,138 $ 15,222 $ 174,778 8.02 16,900 15 16,506 394 97.67 484,000 24,937 57,336 426,664 11.85 1,000 115 175 825 17.50 $ 691,900 $ 30,205 $ 89,239 $ 602,661 12.90 $1,589,596 $ 259,435 $ 481,033 $1,109,563 30.27 961,620 66,790 259,909 701,711 27.03 1,549,517 36,103 151,204 1,398,313 9.76 560,239 151,132 260,875 299,364 46.57 275,777 992 5,700 270,077 2.07 $4,936,749 $ 514,452 $1,158,721 $3,778,028 23.48 $ 622,193 $ 37,965 $ 193,100 $ 429,093 31.04 1,075,000 160,634 198,266 876,734 18.45 52,635 19,487 28,706 23,929 54.54 $1,749,828 $ 218,086 $ 420,072 $1,329,756 24.01 $ 96,500 $ 91101 $ 26,700 $ 69,800 27.67 13,500 598 1,709 11,791 12.66 $ 110,000 $ 9,699 $ 28,409 $ 81,591 25.83 $ 340,360 $ 83,809 $ 184,821 $ 155,539 54.31 3,564 285 855 2,709 23.99 18,345 779 1,617 16,728 8.82 $ 362,269 $ 84,873 $ 187,293 1 $ 174,976 51.70 $9,289,400 $ 863,953 $1,922,594 $7,366,806 20.70 • INTERIM STATERENT OF ACTUAL EATED • AND EXPENDITURES - GENERAL FUND Total 1981/82 Total Y.T.D. Y.T.D. Exp. 6 Appropriations _�PL,1981/B2 Outstanding Expenditures 6 Unemcumbered Enc. as a X of (Revised) Expendicures Encumbrances Encumbrances Balance Appropriations GENERAL GOVERNMENT Legislative Personnel Services $ 14,400 3,231 -0- 3,231 11,169 22.44 Supplies 9,889 1,221 394 1,615 8,274 16.34 Other Svcs. 6 Charges -0- -0- -0- -0- -0- -0- Capital Outlay -0- -0- -0- -0- -0- -0- Total Legislative $ 24,289 4,452 394 4,846 19,443 19.96 Administrative Personnel Services $ 147,570 36,096 -0- 36,096 91,482 24.46 Supplies 62,945 9,214 5BB 9,802 53,143 15.58 Other Svcs. 6 Charges 47,704 13,128 -0- 13,128 34,576 27.52 Capital Outlay 1,450 -0- 1;361 1.361 89 93.87 Total Administrative $ 259,669 58,438 1,949 60,387 199,282 23.26 Finance Personnel Services $ 152,074 37,708 -0- 37,708 114,366 24.80 Supplies 69,400 13,252 425 13,677 55,723 19.71 Other Svcs. 6 Charges So,903 13,530 -0- 13,510 43,393 23.75 Capital Outlay 9,460 -0- 4,823 4.823 4,637 50.99 Total Finance $ 2R7,837 64,470 5,248 69,718 218,119 24.23 City Facilities Supplies $ 147,757 53,605 1,046 54,651 93,106 36.99 Capital Outlay 572 060 -0- 750,000 750y 00 177 940 131.11 Total City Facilities $ 719,817 53,605 751,046 904,651 (84,834) 111.79 Non - Departmental Supplies S Services $ 875,366 105,691 -0- 105,691 769,675 12.08 TOTAL GENERAL GOVT $2,166,978 286,656 758,637 1,045,293 1,121,685 48.24 • INTERIM STATEMENT OF ACTUAL ESATED • AND EXPENDITURES - GENERAL FUND Total 1981/82 Total Y.T.D. Y.T.D. Exp. 6 Appropriations Sep_ 1981/84 Outstanding Expenditures 6 Unemcumbered Enc, as a % of (Revised) Expenditures Encumbrances Encumbrances Balance Appropriations PUBLIC SAFETY Personnel Services $ 91,879 18,141 -0- 18,141 73,738 19.75 Supplies 2,423,575 752,378 9,268 761,646 1,661,929 31.43 Other Svcs. 6 Charges 687,228 198,784 -0- 198,794 488,434 28.93 Capital Outlay 88,783 -0- -0- -0- 88,783 -0- Total Public Safety $ 3,291,435 969,313 9,268 978,581 2,312,854 23.70 PUBLIC WORKS Personnel Services $ 777,196 183,973 -0- 183,973 593,223 23.68 Supplies 1,006,809 224,588 30,488 255,076 751,733 25.34 Other Svcs. 6 Charges 1,068,166 211,551 -0- 211,551 856,615 19.81 Capital Outlay 2,4D7,410 412,759 43,733 456,492 1,950,918 18.97 Total Public Works $ 5,259,581 1,032,871 74,221 1,107,092 4,152,489 21.05 COMMUNITY DEVELOPMENT -� Personnel Services $ 781,925 177,083 -0- 177,083 604,842 22.65 Supplies 94,886 28,446 9,543 37,989 56,897 40.04 Other Svcs. 6 Charges 224,924 52,592 -0- 52,592 172,332 23.55 Capital Outlay 5.780 -0- 1,119 1,119 4,661 19.36 Total Cam. Dev. $ 11307,515 258,121 10,662 268,783 838,732 24.27 CULTURE - RECREATION Personnel Services $ 218,896 55,702 -0- 55,702 163,194 25.45 Supplies 88,735 18,967 11165 20,132 68,603 22.69 Other Svcs. 6 Charges 186,470 17,889 -0- 17,889 166,581 9.60 Capital Outlay 424,064 1,930 _0- 1,930 422,134 .46 Total Culture - Rec. $ 918,165 94,488. 1,165 95,653 822,512 10.42 Total Service Centers $10,576,696 2,354,793 95,316 2,450,109 8,126,587 23.17 CITY OF RANCHO CUCAMONGA FUND BALANCE ANALYSIS * There is an unallocated reserve of $1,320,185 in the General Fund. ** Park Development Fund. $121,018 received as a result of the sale of part of the park property. The amount received is restricted to the development of Heritage Park. * ** Central Services Fund to be deleted and fund balance transferred to the General Fund. ESTIMATED ENCUMBRANCES ESTIMATED BALANCE REVENUE EXPENDITURES AS OF BALANCE FUND 7 -) -8) MM SEP TRANSFER IN TRANSFER OUT MM SFP 9 -30 -81 9 -30 -81 General *$ -0- $1,339,285 $ 153,262 $ 86,3D8 $1,702,505 $ 53,694 $(349,960) Traffic Safety 15,815 26,699 -0- 7,243 -0- -0- 350271 Gas Tax 168,640 102,384 -0- 1,348 6,987 -0- 262,669 Article 8 S.B. 325 531,004 2,208 -0- 1,941 101,660 5.217 424,394 Recreation 37,154 22,082 -0- -0- 23,339 2,457 33,440 Benefice Contingent 42,343 -0- 5,073 -0- -0- -O- 47,416 Capital Replacement 169,758 -0- 5,835 -0- 11,266 -0- 164,327 Revenue Sharing 207,256 99,068 -0- 99,068 -0- -0- 207,256 Insurance 58,918 -0- 27,812 -0- 45,660 493 40,577 �. Capital Reserves 429,763 -0- 47,588 -0- -0- 750,000 (272,649) ,J Park Development 216,698 * *124,921 -0- -D- 1,803 -0- 341,816 Beautification 117,760 5,160 -0- -0- 789 -0- 122,131 Systems Development 439,223 28,428 -0- 1,980 12,928 -0- 452,743 Storm Drain 236,989 27,866 -0- 36,182 259,740 1,431 ( 32,498) F A U -0- 130,181 -0- -0- -0- -0- 130,181 Grants ( 19,927) 32,616 -0- -0- 30,706 -0- ( 18,017) Central Service * *x167,458 -0- -0- -0- -0- -0- 167,458 Special Assess. District 17,971 -O- -n- 5.500 20.f86 -0- ( 8.263) TOTAL $2,838,775 $1,940,898 $ 239,570 $ 239,570 $2,218,069 $ 813,292 $1,748,312 * There is an unallocated reserve of $1,320,185 in the General Fund. ** Park Development Fund. $121,018 received as a result of the sale of part of the park property. The amount received is restricted to the development of Heritage Park. * ** Central Services Fund to be deleted and fund balance transferred to the General Fund. • TOTAL AMOUNT INVESTED $5,946,976.01 AVERAGE C.D. RATE /INVESTMENT ON $100,000.00 16.79047. a FLOATS AT 1.3752 BELOW PRIME 1D L/ cny OF PANCHO CUC INVESlMENr SCHEDULE —%Qpt---3Or ioal Locations of Investnent Type Amount Pexcentage rate 11 State S/L C.D. $ 100,000.00 18.750 Bank of America Savings 1,126,011.68 5.5 C.D. 700,000.00 16.875 C.D. 100,000.00 17.00 C.D. 200,000.00 16.75 C.D. 100,000.00 16.25 C.D. 100,000.00 15.50 C.D. 100,000.00 15.00 Central Federal Savings C.D. 100,000.00 18.875 Chino Valley Bank C.D. 100,000.00 17.50 Far West Savings C. 1). 100,000.00 19.00 Fidelity Federal S/L C.D. 100,000.00 19.00 First Interstate Bank Savings /C.D. 1,012,124.70 17.00 First Interstate Bank C.D. 300,000.00 17.10 Foothill Independent Bank C.D. 100,000.00 13.50 Foothill Independent Bank C.D. 100,000.00 16.375 Glendale Federal S/L C.D. 100,000.00 17.50 Glendale Federal S/L Def. Comp. 108,839.63 16.750 Great Western Savings C.D. 100,000.00 17.00 Great Western Savings C.D. 100,000.00 16.75 Imperial S/L C.D. 100,000.00 17.00 Monterey Park Nat, Bank C.D. 100,000.00 • 17.625 Pacific Federal S/L C.D. 100,000.00 18.75 Pacific Federal S/L C.D. 200,000.00 19.25 cific Federal S/L C.D. 100,000.00 19.00 rogressive Fed. S/L C.D. 100,000.00 17.00 Republic Fed. S/L C.D. 100,000.00 17.50 San Diego Fed. S/L C.D. 100,000.00 18.75 Sierra S/L C.D. 100,000.00 18.825 Southwest S/L C.D. 100,000.00 14.25 • TOTAL AMOUNT INVESTED $5,946,976.01 AVERAGE C.D. RATE /INVESTMENT ON $100,000.00 16.79047. a FLOATS AT 1.3752 BELOW PRIME 1D L/ • a `a CITY OF RANK}IO CUCAMQNQI �pC�Ir_AAJO c STAFF REPORT ' r DATE: October 21, 1981 l a z > TO: Members of the City Council and City Manager U 1977 FROM: Jack Lam, Director of Community Development BY: Joan Kruse, Administrative Secretary SUBJECT: ENT VI RO O -12 AMOE ANNED D DEVELOPMENT NO 80 663 L ROUGH DEVELOP OROA - - A Tota development of 383 town ouses on 40 acres in the R 2 zone, 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. At Council's direction this item was referred back to the Planning commission with the concurrence of the developer, the Marlborough Corporation. In the meantime, several meetings have taken place with staff, the homeowners and representatives of Marlborough to discuss alternatives that could mitigate the neighborhood concerns. As a result of those meetings modifications have been worked out with the developer which would alleviate the homeowners' concerns. The Planning Commission met on October 14, 1981 and adopted Reso- lution No. 81 -124 which contains modifications that address the concerns raised. The neighborhood representatives were present at the Planning Commission meeting and no objections were raised. RECO14MENDATION: It is recommended that the City Council proceed with the second reading of Ordinance No. 153, adopting the zone change. Re pectful y slbbmiittteeddl, JackanY,, R"[CP Cmmmunity Development Director JL:JK:jk Attachments: Planning Commission Staff Report - 10/14/81 Planning Commission Resolution No. 81 -124 Site Plan and Phasing Map c c ORDINANCE NO. 16'. 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 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner 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 manner 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.O. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shat 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 1981. AYES: NOES: '� ABSENT: 0 • • C CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 14, 1981 TO: Members of the Planning Commission FROM: Jack Lam, Director of Community Development SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80 -12 TT 11663 MARLBOROUGH DEVELOPMENT CORPORATION - A total development of 393 townhouses on 40 acres in the R -2 zone, 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: The City Council, with the concurrence of Marlborough Development Corporation, referred the Marlborough project back to the Planning Commission to consider alternative design modifications that concerned residents and Marlborough might develop. Further, the Coun- cil continued the zone change until October 21, 1981, to enable the Commission to review and act upon such alternatives prior to finalizing the zone change. Staff and the homeowners group net with representatives of Marlborough at numerous meetings to try and develop alternatives that could miti- gate the concerns of the neighborhood. The following summarizes the neighborhood concerns: 1. The desire for the Ramona frontage to have as similar an ap- pearance as possible with the single - family scale across the street. 2. The desire for the major Ramona access road to be rerouted in such a way that less traffic will utilize Ramona to en- ter the project. 3. A reduction in the number of units especially in the area closest to the Ramona frontage. 4. Encourage the use of the Archibald access and further disuade traffic from utilizing Ramona. 5. Phase the project with construction occuring first along Ramona so that subsequent construction would have less of an effect on the existing neighborhood. 6. Provisions be made to assure the opportunity of school child- ren to have access through the project enroute to school. 7. Completion of all the street improvements along Ramona as part of the first phase. ' ITEM K October 13, 1981 Marlborough - PD 80 -12 (TT 11663) Page Two r � As a result of the numerous meetings Marlborough has submitted for your review a revised plan. The project has been totally re- engineered on the Ramona half. Marlborough proposes the elimination of 20 units along the Ramona frontage and has deleted the major Ramona access road and rerouted the street up to Church, the effect being that there will be no major entry to the project from Ramona. Any major access will be from Church and Archibald and because of the requirement of a traffic signal on the Archibald access, it will be more convenient for traffic to go on to Archibald than Ramona. Furthermore, the design now re- flects a unit type that is more closely associated with the single - family residences on the other side of the street. The four -plex and six -plex units of the original single -story design along Ramona have been deleted and replaced by a unique duplex unit. This results in a density along the Ramona frontage approximating the single - family density across the street. To add further to the single - family cha- racter, a number of driveways have been introduced into the project. These driveways are intended to add an element associated with single - family but yet are few enough that these would not significantly de- tract from the project nor cause any safety hazards. Please notice that the duplex units are laid out in such a way that access from one of the units is from Ramona while the other one is from the project side. All units along the Ramona frontage have floor plans designed in such a way that the main living areas are along Ramona. In other words, the units all "front" Ramona. The residents felt that would • not only give a greater measure of single - family character but also promote a better sense of security. The developer has deleted the number of units that were originally planned for the long -term future on the retention basin south of the project. The developer has also agreed to provide access through the project as a route to school and will coordinate this with the Central School District. Further, the developer has agreed to change the phasing of the project so that the Ramona frontage will be built prior to any other phases of the project. It must be understood, however, that the entire frontage units cannot be constructed all at once but that the phasing will move up from the southern end to the northern end. The street improvements, however, will all be placed at the same time. The Design Review Committee met to review the site plan modifications that were made as a result of the discussions with surrounding residents. Upon review of the plan, the Committee recommended the following changes in the plan: Reduce the main roadway, with the median island, to 16 or 17 -foot travel lanes. 2, Eliminate parking on the main roadway that contains the median island. • �i • October 13, 1981 Marlborough - PD 80 -12 (TT 11663) Page Three 3. Reduce the 36 -foot interior street to 26 feet and provide pockets of parallel parking where appropriate. 4. Alter the tot lot areas to provide better secured play areas and better continuity with other recreation areas and open space. In the Committee's opinion, this will necessitate the elimination of approximately ten (10) dwelling units. 5. Redesign the roof on garages facing Ramona, to eliminate the flat look. The developer has submitted a revised site plan in response to the Design Review Committee comments. The revised plan does not fully address the following items: 1. Parking is still shown along the main roadway. The ORD recommended complete elimination. 2. The tot lot areas, recreation and open space areas have been redesigned to provide better continuity, and the additional ten units have been deleted. • Staff and the Design Review Committee strongly recommends that these two items be incorporated in any Commission approval. SUMMARY: The total effect of the changes if adopted would be: 1. Deletion of 30 units from the original plan. 2. Shifting of densities off of the Ramona frontage so that the frontage now approximates the density of the single - family homes across the street. Furthermore, units have been designed as much as possible to give the scale and cha- racter of a single - family neighborhood and all access has been rerouted to collectors other than Ramona. These major shifts have also resulted in other shifts internal to the project both described in this report and the plan itself. REC- INE,'IDATION: The staff recommends that the Planning Commission re�ci,)nsider the original approval of the Marlborough project and approve modifications recommended by staff and the Design Review Committee. Staff has worked closely with the neighborhood representatives and feels these modifications would do a great deal to alleviate the concerns of the residents. New conditions and additions, stating modifications are attached for your consideration. If the Planning Commission concurs, these new conditions must be adopted and added to the Resolution of Approval. • Reslpec ulhy Ilsu I td, �I�115� L /l -JACk LAM, AIC Community Development Director Attachment: Resolution of Approval , RESOLUTION NO. 81 -70 A RESOLUTION OF THE PLANNING COMMISSION OF THE • CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT MAP NO. 11663 WHEREAS, Tentative Tract Map No. 11663, hereinafter "Map" submitted by Marlborough Development, applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as a subdivision for a total development of 413 townhouses on 40 acres in the R -2 zone, located on the east side of Archibald, on the south side of Church, west side of Ramona - APN 1077- 133 -08, and 1077- 631 -03 into 437 lots, regularly came before the Planning Commission for public hearing an on June 10, 1931, and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Divisions reports; and , WHEREAS, the Planning Commission has read and considered the Engineering and Planning Divisions reports and has considered other evidence presented at the public hearing. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: SECTION I: The Planning Commission makes the following findings • in regard to Tentative Tract No. 11663 and the Map thereof: (a) The tentative tract is consistent with all applicable interim and proposed general and specific plans; (b) The design or improvements of the tentative tract is consistent with all applicable interim and proposed general and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. • Page 2 • (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 11663, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLANNING DIVISION: 1. Site and Landscape Plans shall be revised to provide an adequate landscape buffer along the westerly boundaries of the project adjacent to existing school and apartment complex. Such revisions shall be subject to approval by both the City Planner and the Foothill Fire District, prior to final map recordation. 2. A continuous looped pedestrian walkway shall be provided along all interior boundaries of the project. 3. A minimum of six (6) permanent children play areas shall be incorporated into the design of the project. Three (3) of the areas shall be active areas with play equipment. Precise location of such facilities shall be subject to approval by the City Planner prior to final map recordation. 4. The temporary retention basin /play area shall be fenced • with a 5' high wrought iron fencing, and its periphery shall be heavily landscaped. A lawn or other appropriate ground cover shall be installed and maintained within the fenced area. 5. The design and intensity of architectural detailing of all structures and patio walls shall be in substantial compliance with submitted elevations. 6. CCLR's for this project shall be subject to approval by the City Planner prior to recordation. Clear indication of five lanes shall be included. 7. All units along the southern most property line shall not exceed one -story in height. 8. Directories, identifying location of units and buildings shall be provided at key positions within the development. ENGINEERING DIVIS1071 9. A soils and geological study regarding the effect of ground saturation due to the storm retention basin on the foundation of the existing adjacent house and any suggested mitigating measures shall be submitted to the • City Engineer for review and approval prior to recordation of the map. 10. An on -site and off -site drainage study for the project shall be provided to the City Engineer for review prior • to recordation of the map. After review of the study, the City Engineer reserves the right to determine requirements of construction, reconstruction or alteration of on -site storm drainage system to his satisfaction. APPROVED AND ADOPTED THIS 10TH DAY OF JUNE, 1981. PLANNING COMMISSION OF THE CITY /O.F( RANCHO CUCAMONGA �Richard Dahl, /Chahaaiinna ATTEST: ��l/ 1,6 j��/,�/ � I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning • Commission held on the 10th day of June, 1981 by the following vote to- wit: AYES: COMMISSIONERS: Sceranka, Rempel, King, Tolstoy, Dahl NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None • r C ! Mr. Hogan asked if that is relative to additional parking. • Commissioner Tolstoy replied that is what he had in mind. Motion:- Moved by Rempel, seconded by Tolstoy, carried unanimously, to adopt Resolution No. 81 -68 and the environmental assessment on this project. Motion: Moved by Tolstoy, seconded by Rempel, carried unanimously, that the Planning Commission review the current standards for cul -de -sacs within the City. Commissioner King stated that earlier he said he wanted a study done on parking and would like aesthetics of cul -de -sacs examined also, especially off of streets like Sapphire. • * f * 8:00 p.m. The Planning Commission recessed. 8:15 p.m. The Planning Commission reconvened. E. ENVIRONNiNTAL ASSESSMEIT AND TENTATIVE TRACT N0. 11663 - (P.D. 80 -12) - MARLBOROCGH DEVELOPMENT CORPORATION - A total development of 413 townhooses on 40 acres in the R -2 zone, 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. Senior Planner, Michael Vairin, reviewed the staff report. He recommended a change to Condition No. 1 on page 2 of the Resolution relative to landscaping because he felt that this could be worked out with the developer. Commissioner Sceranka asked what the General Plan designation for this area is. Mr. Vairin replied that it is medium - density with 4 -14 dwelling units per acre and the proposed project is proposed to be 10.8 dwelling units per acre. Commissioner Sceranka asked what the density is to the east of this project. Mr. Vairin replied that they are betwe n 3.25 and 4 dwelling units per acre. C,:r::gi. ;sinner Sceranka stated that he would like to see more consistency whcri thoro are multiple i,unily units and that there should be no more than a one -story units next to single family hnmes. fie indicated that he would like to see a policy where the Commission dues not encourage mare than one -story units bordering single family homes and stated that this is a privacy and security issue. • Planning Commission `ltnutes -6- June 10, 1981 c c Chairman Dahl stated that this type of precedent was set with the project at Hellman and Foothill. He then asked if a condition had been included • for a children's play area in the project. Mr. Vairin replied that they will be required to show this in the final landscape plans. Commissioner Tolstoy asked if the roof the was traditional or flat. Mr. Vairin stated that he would let the architect reply. Comnissioner Tolstoy asked what the standards are for sound proofing in a project such as this. Mr. Vairin replied that they would have to meet the Building Code requirement and that he was unable to provide that information. Mr. Lam stated that the Uniform Building Code requirements would have to be met at the time of plan check. Commissioner King asked if the developer intends to have totally along the perimeter of the project an interconnecting or interlocking pedestrian path, and especially around Ramona. Mr. Vairin replied that this is a condition. Hr. Paul B,vrnes, representing Marlborough Homes, stated that they did not specifically address tot lot areas because they felt there were an • adequate number of places within the complex to place tot lots -- they anticipated having to put in 6 and the 3 requested by staff are well under what they thought they would have to put in. Commissioner Sceranka asked what Mr. Byrnes' definition of tot lot is. Mr. Byrnes replied that it is a grass -lined area without a lot of play equipment that may be fenced for security. He indicated that if the tot lot was along a major street, it would be fencedt if it were along the green belt, it would not be. Co;-�missioner Sceranka stated that one of the trade -offs of higher density adjacent to single family is the provision of parks that the single family units may utilize and it is a fact that tot lots are necessary. Further, that they should be positive and keep children from the street as much as pocsibic. Mr. Bvrnos stated lhnt he wan not sure that this is an issue because it is a mnrkotina, cnncern and he had not had any input that tot lots are desired. lie indicated that he did not have a problem in accepting this condition and having swingsets. Further, that they are planning on 6 tut lots. Mr. Barnes stated that a perimeter wall was not considered but was not sure at this time if it would be more desirable to put the perimeter wall in front of or behind the walkwn,v because of the heavy landscaping, that will be put in. He indicated that there would be no • problem with this condition. Planning Commission Minutes -7- June 10, 1981 C C Mr. Byrnes stated that the roof tile is the traditional "S" type. He indicated that they want a quality project and have wanted it from day • one and that this will not be an inferior project. Mr. Byrnes provided the price ranges of these units for the commission and the audience. Commissioner Tolstoy asked that since Commissioner Sceranka brought up one -story frontscape and since he was not on the Design Review Committee, he would like clarification. Commissioner Sceranka stated that on the south perimeter of the property there would be a problem with these units. Chairman Dahl asked Mr. Byrnes if he would have a problem with making these units one - story. Mr. Byrnes replied that he did not know and could not say. Airs. Elaine Parnham, 8003 London, was opposed to this project because of the increased densities. Further, that she did not want a two -story building next to her home so that people could look into her back yard. Mrs. Gay Lesch, 9913 Norwich, was opposed to this project because of being told that single family homes would be built at the time that she purchased her hone, also being told that there would be a park and she did not want two -story units looking into her property. She indicated it was her feeling that property values would deteriorate. • Mr. Bill Butek, 7960 Perlite, asked what would be done to handle increased traffic because it is difficult on Ramona now. Mrs. Alvarado, who lives just across from this development on Ramona, was opposed to the entire project and especially the two -story units. Mrs. Mary Brite, 8021 Melvin, was opposed because of increased school impacts and higher densities. She felt that traffic would be increased and asked when the zone changed on this property. Mr. Vairin replied that this zone was created prior to the City's incorporation. Mr. Max Agate, 9911 Stafford, stated that when he purchased his property he had been told that there would be a park area and single family homes. fie indicated a concern of increased traffic. He asked why he had not been notified by letter of this hearing. Commissioner Sceranka asked that staff advise the audience of the notification procedure. A resident, of 8016 Pasero, stated that he did not want two -story units looking info his back yard and was totally against this project. He Indicated that the Mnrlharonch Development Company told lies to the property owners relative to theit plans for this project. • Plannln}� Commission "!inures -8- June 10, 1981 Mr. Oscar Jones, 7752 Ramona, was opposed to this project because of the reasons stated by the other residents. • There being no further comments, the public hearing was closed. lir. Byrnes stated that this property was always zoned R -2 and was that way before the property owners purchased their homes. He indicated that while he did not doubt that they might have been told that there would be single family homes developed on this land, the statement that it would he single family homes, was not authorized. Mr. Byrnes explained that they would have to procure school letters before development can commence. He indicated that this project will be completed in six phases approximately 6 months apart. Chairman Dahl stated that it was his understanding that the developer is putting in a park site. Mr. Byrnes replied that they are as part of this and another project site near Turner and Church and that it would be approximately 7 acres in size. He stated that this park will also serve existing residents of the area. Commissioner Hempel stated that the idea of the park probably came from the Blavney Plan. As far as the rest, Design Review has done a good job in reviewing the plan overall. He further stated that people are saying that they don't want this density but that more efficient land uses must be made. Mr. Hempel stated that if this were a single - family development there would be nothing to prevent the homes from being two- • story and that the applicant has stated that he would have single - family along the south perimeter. Commissioner Hempel stated that there will be no units built until there is a school letter and as far as property values are concerned, a good condominium that is well maintained could be like the units that are in Red Hill and he was in favor of this project. Commissioner Tolstoy stated that he would like to be stronger than Commissioner Hempel and would like to emphasize the condition of having one -story units along the existing houses. He indicated that this will help their concern and felt that this project would boost property values. Commissioner T,,'.stoy asked Paul Rougeau to give some information on traffic on Ramona Avenue. Mr. Rougeau replied that he did not have any numbers available. He indicated thnt this is a collector street and of adequate size to handle traffic. There was discussion of the traffic and water drainage. Commissioner Kin; stated that he agreed with the consensus on single - story along the southern perimeter of the project and was concerned that there is euou;th room to really add any children's play areas. He indicated that he also wanted an access trail. Planning. Commission Minutes -9- June 10, 1981 • 1 ; 0 L i0 There was discussion of tot lots between the developer and the Commission. Commissioner Tolstoy stated that at some point in time the Commission needs to define what a tot lot is and what they should contain. Commissioner Sceranka stated that he would like to make a recommendation as part of the condition of approval that this be a minimum of at least three active lots and at least three others. Chairman Dahl stated that he believed that the phasing and traffic was well covered. He further stated that he did not feel that density of 10.8 was very much different than 7200 square foot lot sizes where you are looking at 4 -5 dwellin., units per acre. He felt that the growth management plan goes a long way in easing the impaction on schools and added that the developer will be putting in a fully developed park at Church and Turner. He stated that it is a good idea for prospective buyers to check the zoning on surrounding property before they purchase and thought that it should be a policy of the Planning Commission that whenever a townhouse development abuts a single family tract, it should be mitigated by single -story buildings. Commissioner Rempel thought that even if it was necessary to eliminate one or two units, there should be provisions not only for tot lots but for areas for adults to enjoy as well. Commissioner Sceranka stated that one reason there seems to be a traffic problem is because the streets are not at full width. He indicated that when they are fully developed, they will help the traffic problem. He indicated that the project would not he approved if the street would not be improved. He did not feel that this project would depreciate property values. Commi;sioner Tolstoy stated that he would like to see the CCSR's state where the fire lanes are and that they cannot be encroached upon. He indicated that he would be in favor of a homeowner association and also a badninton court. He indicated that he would rather see a turf block situation in this project because when there is open space you are always afraid that the fire lanes will be blocked. Mo [Son: Moved by Scoranl:n, seconded by Rempel, carried unanimously, to adopt Resolution No. 81 -69 to change the zone from R -2 to P.D. Motion: Moved by Scernnka, seconded by Rempel, adopt Resolution No. 81 -70, approving Tentative nmendr,ont to remove the 10 -foot landscaping and ,areas he contained within the projects 3 active Planning Commission Minutes -10- I, carried unanimously, to Tract No. 11663 with an that a minimum of 6 play with play yard equipment June 10, 1981 in the north, west and east areas. Further, that there be only single - story units on the south side of the project abutting single family residences and that fire access not be encroached upon. The project should also contain a directory board to be located at the clubhouse. 9:30 p.m. The Planning Commission recessed. 9:40 p.m. The Planning Commission reconvened. G. CONDITIONAL USE PERMIT NO. 81 -10 - VICTOR D. EASON - Interim use of the business office located at 9513 Business Center Drive, Suite J, for the Foursquare Gospel Church in Rancho Cucamonga. City Planner, Barry Mogan, reviewed the staff report. Commissioner King asked relative to Conditions Section 2, No. 2, was it fair to restrict the times that they can do business and felt that this could be amended. Mr, licpson replied that the condition is somewhat ambiguous and does not mean what it implies. Commissioner Rempel stated that the first part of the sentence could be strikes. Commissioner King replied that this would be acceptable. • Chairman Dahl opened the public hearing. Mr. Victor Eason, 6635 Masada, the applicant, stated that this is a subsidiary of the Four Square Church and that they would hope to locate within the Etiwanda area in two years. There being no further comments, the public hearing was closed. Motion: Moved by Rempel, seconded by Sreranka, carried unanimously, to adopt Resolution No. 81 -71 with the change to Item 2 in Section 2 of the Resolution. H. E1:111R0iJ!ENTAL ASSES ffi4ENT ARD DEVET,nPP1!:NT RP.VT6W NO. 81 -11 - DEASoN The dev,•lopmonc of a 17,860 square lout professional office complex .ind o 4050 sgnue toot restaurant building on 1.84 acres of land in the A -P zone located on the west side of Archibald Avenue approximately 150 feet south of Devon Street - APN 208 - 801 -39 6 40. Miehnrl pnirin, Senior Planner, reviewed the staff report. • Planning Commission Minutes -11- June 10, 1981 ii - • RESOLUTION NO. 81 -124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITION- ALLY APPROVING REVISED SITE PLAN FOR PLANNED DE- VELOPMENT NO. 80 -12 (MARLBOROUGH DEVELOPMENT CORPORATION /TENTATIVE TRACT NO. 11663) WHEREAS, the site plan for Planned Development No. 80 -12 (Tentative Tract No. 11663) has been approved by the Planning Commission by Resolution No. 81 -70; and WHEREAS, the City Council and Marlborough Development Corporation has agreed to refer the original submission back to the Planning Commission to consider alternative modifications that would help mitigate neighborhood concerns; and WHEREAS, City Staff, representatives of the neighborhood group, and Marlborough Development Corporation have met and discussed various design alternatives to do the same; and WHEREAS, the Planning Commission has read and considered all reports and evidence presented at the public hearing; NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: SECTION 1: The Planning Commission makes all the findings contained in Section 1 of Resolution No. 81 -70. SECTION 2: The Planning Commission approves the modified site plan for Planned Development No. 80 -12 (Tentative Tract No. 11663) a copy of which is attached hereto subject to all the following conditions: 1. All conditions of Resolution No. 81 -70 shall become conditions of Resolution No. 81 -124. Wherein those conditions that may conflict, Resolution No. 81 -124 shall take precedence. 2. Marlborough Development Corporation shall work closely with the Central School District to provide the proper route to school access through Planned Development No. 80 -12, and shall be included in CCY.R's, 3. All elevations and design of units along the Ramona frontage shall be as per the revised elevations sub- mitted and attached hereto. • 4. Parking as shown along the main roadway through the project shall be completely eliminated, between Archibald and the circle. p 0 Resolution No. 81 -124 Page 2 5. The tot lot areas and recreation and open space • areas shall be redesigned to provide better continuity. To provide su -h better continuity, ten additional units shall be deleted from the site plan and shall be subject to Design Review prior to final map approval. 6. All construction phasing shall give priority to the Ramona Street frontage prior to other portions of the project. 7. Ramona Street improvements shall be done at the time the first increment of street improvements are started. 8. A traffic signal shall be installed at the Archi- bald entry to the project at the time this main road is constructed to intersect with Archibald Avenue. APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER, 1981. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Jeffrey King, Chairman ATTEST: Secretary of the P anning Commission I, ,TACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of October, 1981, by the following vote- to-wit: AYES: COMMISSIONERS: Dahl, Remoel, Sceranka, Tolstoy, King NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None n U )1� • SITE PLAb AJWD PHASING MAC TENTATIVE it TRACT NO. 11663 .. .......... c am SITE DATA UM Y ORDINANCE NO. ')SW • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 225 -181 -4 THROUGH 9, 26, AND 43 FROM R -1 TO R -1- 20,000 LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE, BETWEEN ETIHANDA AND EAST AVENUES The City Council of the City of Rancho Cucamonga, California, does ordain as follows: following: SECTION 1: The City Council hereby finds and determines the 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 Cherein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. R -1 (single family residential) to R -1- 20,000 (sinqle family residential) Said property is located on the south side of Summit Avenue betneen Etiwanda and East Avenues know as Assessor's Parcei Numbers 225 -181 -4 through 9, 26, and 43 . SECT ;;_'1 3: The Mayor shall sign this Ordinance and the City Cier- sho—caii llsa Che same to be publ i ;hed si thin fifteen (15) days aftor • passege at least once in The Daily Report, a nev;snaper of ril r v!at ion pn hlisiicJ in the Ci [v o -I`�lr [j rio, California, and c iec,.,.,- in ;hr City of Rancho Cu r,.ar.;n nqa, California. PASSED, APPROVED, and ADOPTED this 16th day of September, 1981. AYES: NOES: • ABSENT: L r � ORDINANCE NO. X57 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 181 -05, 06, 16 FROM R -1 AND R -1 -5 ACRE (SINGLE FAMILY RESIDENTIAL) TO R- 3 /P.D. (SINGLE FAMILY RESIDENTIAL /PLANNED DEVELOPMENT) GENERALLY LOCATED ON THE WEST SIDE OF RAMONA AT MONTE VISTA AVENUE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION! 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner pre- scribed by law as duly heard and considered said recom- mendation. • 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 manner stated, and the zoning map is hereby amended accordingly. Assessor's Parcel Number 202 - 181 -05, 06, 16 are hereby changed from R -1 and R -1- 5 acre to R- 3 /P.D. SECTION 3: The Mayor shall sign this Ordinance and the City Cler% shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of generil circulation published in the City of Ontario, California, and eirculntrd in the City of Rancho Cucamonga, California. PASS-10, APPROVED, and ADOPTED this 7th day of October, 1981. AYES: NOES: /• ABSPIT: I fIP ORDINANCE NO. 15c1 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 622 -01 GENERALLY LOCATED ON THE NORTHEAST CORNER OF HAVEN AND ARROW, FROM M -2 TO C -2. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner pre- scribed by law as duly heard and considered said recommen- dation. 8. 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 manner stated, and the zoning map is hereby amended accordingly. Assessors Parcel Number 208- 622 -01, located on the northeast corner of Haven and Arrow, from M -2 (General Industrial) to C -2 (General Commercial). SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shat -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 7th day of October, 1981. AYES: NOES: ABSENT: • L • • �r nc o A nvy.ui r v-. �%.h%�A V%%CAMn S UT REPORT <� O ' C H U i 1977 DATE: October 21, 1981 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development BY: Joan Kruse, Administrative Secretary SUBJECT: UNIFORM SCHOOL FEES - ELEMENTARY SCHOOL DISTRICTS At their last meeting, the City Council responded to a request by the elementary school districts to impose a uniform SB -201 school fee. A development fee of $1100 would be applied to single - family homes with a fee of $550 for mobile homes and all multi - family de- velopments containing two or more bedrooms. In accordance with.Council's direction, a Uniform School Fee Or- dinance has been prepared by the City Attorney which would imple- ment the uniform school fee. RECOMMENDATION: It is recommended that the City Council adopt first din9 of the attached Ordinance implementing a uniform school fee for the elementary school districts. Respectfully s bmitted, Je "Lam; tAICP"'V(L Community Development Director JL:JK:jk Attachment: Uniform School Fee Ordinance Chu 0 0 9TAFF REPORT v lkrm DATE: October 21, 1981 TO: Members of City Council, and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: AWARD OF CONTRACT FOR CONSTRUCTION OF PALO ALTO STREET Attached for Council review is a previous memo dealing with problems re- lating to construction of Palo Alto Street fronting the Dona Merced School. In order to complete this construction, Staff has been negotiating a con- tract with the School District Contractor. we are in the process of final- izing a proposal in the area of $12,000. This amount being nearly $2,000 lower than the initial bid submitted to the District. The final proposal will be made available to Council as soon as the details have been com- pleted. Because of the unusual nature of this project, and the need to complete construction to alleviate public safety hazards, it is recommended that the Council declare the urgency of the situation and order the emergency completion of the work. RECOFIMENDATION: It is recommended that the Council adopt the attached eso ution declaring the emergency need to complete this project and authorize the Mayor to execute contracts to complete the work. Respe/eccaat��fuullyb Iittt /edd,, / / ///II " -v '4 Lloyd B. Hubbs City Engineer LBH:kp lr^7 • RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE CONSTRUCTION OF PALO ALTO STREET AND DE- CLARING THE EMERGENCY NATURE OF THE PROJECT WHERFAS, Palo Alto Street is a significant missing street improvement serving the newly constructed Dona Merced Elementary School; and WHEREAS, Without City participation in completion of this project a substandard hazardous project will be constructed that will endanger the lives of residents and children utilizing said street; and WHEREAS, School contracts to complete the substandard con- struction are eminent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California that construction of the northerly half of Palo Alto Street is an emergency project requiring immediate attention and hereby authorizes execution of contracts with American Asphalt to complete said construction. • PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk • Phillip p D. Schlosser, Mayor Y f�' 1 V • • 0 MEMORANDUM .r DATE: September 14, 1981 0 < a TO: City Council and City Manager 1 u a S 1977 FROM: Lloyd Hubbs, City Engineer} SUBJECT: Dona Merced School : With school opening this week the Council may hear some complaints about the lack of a street in front of the Dona Merced School. This unfortunate problem was due to negligence on the part of the Central School District and its architect to properly coordinate the construction. Palo Alto Street fronting the school currently exists as a unimproved private easement accessing several homes. Because of grade differences the City Staff spent a great deal of time with the schools engineer and property owners obtaining dedication to allow construction of a standard street that would access the homes and the school. Prior to completion of the final plans the architect bid the project with an unapproved set of plans. When the final plans were complete changes in the contract were required. When these changes were submitted to the State they refused to participate in anything north of the street centerline. This would leave a 18 foot street unsuitable for two way traffic and did not make provisions to connect drives to existing houses. The School District appealed to the State to fund the improvements and were denied. The District further refused to fund the improvements. The City faced with a no win position with local homeowners and parents reluctantly consented to present a recommendation to Council to fund the remaining street improve- ments. The District rebid the project splitting the improvements. The City portion came in at ;13,875. This entire process, which was fully coordinated by the District has yet to be concluded and it will likely be another month before construction on the District's portion will begin. Engineering feels the bid received by the District is inflated and will try to negotiate a better price for our portion if possible. This contract will be presented to Council after the District has awarded its contract. Construction of the two portions will be coordinated as best as possible under pror conditions. It should be noted that the Alta Loma District has constructed a similar street to City Standards without these problems. If you have any questions please call. LBH :bc 0 11 CITY OF RANCHO CUCAMONGA STAFF REPORT October 15, 1961 TO: City Manager and Members of the City Council FROM: Assistant City Manager ir- RE: Request To Authorize Staff To Seek Proposals For Architectural Services for Rancho Cucamonga Civic Center. As you are already aware, the City and County for the past few months have been evaluating development of a master plan for a joint Civic Center on a 25 acre site located at Haven and Foothill. Next week staff hopes to have a refined master plan,which Council has previously seen, as well as a proposed alternative. In addition, Gilbert Aja and Associates should be close to completion of our "Needs Assessment" outlining the size of a structure necessary to accommodate the City's current and future space requirements. The County has retained H.M.C. in Ontario as architects and Metcalf d Eddy as construction managers to complete their portion of the Civic Center project. The County has also retained the services of H.O.K. of San Francisco to design the Master Plan for the site. Throughout the development of the Master Plan the City has been at a distinct disadvantage because the City has not yet developed a "footprint" based on the design of a structure. The County has an advantage in that their portion of the site plan is being developed concurrent with the design of the Court Facility. The City does not want to be left with an area designated on the site that may prove to be incompatible with a City Hall yet to be designed. In summary, it would be to the City's advantage to design a building that meets our community's long range needs without being constrained to any great degree by a poorly developed Master Plan. Therefore, staff would request that Council consider initiating the preliminary process for selecting an architect. This process would include sending out "Qualification Statements" to a representative Continued.... 0 Auth. Staff to Seek Proposals for Architect October 15, 1981 Page Two group of architects. Qualification statements would be reviewed and a manageable number of architecture firms would be selected to parti- cipate in an interview process by a selection committee. Staff would suggest that Council consider appointing two (2) Councilmen, two (2) Planning Commissioners, and three (3) staff members to the Selection Committee. Staff members on the selection committee at a minimum would include the City Manager and Community Development Director. 1. That City Council authorize staff to seek Qualification Statements from potential architects to design the Rancho Cucamonga City Hall, and assist in the completion of the Master Plan for the site. n U 2. That the City Council make the necessary appointments to establish a Selection Committee to review potential architects and ultimately prepare a recommendation for selection to the City Council. • JR /vz 11 • 171 C, J •Rnw,n w v - MEMORANDUM n�77 October 13, 1981 Oj a, ' I U' � TO: City Council FROM: Lauren M. Wasserma� City Manager SUBJECT: Civic Center Prio ies Councilman Mikels has suggested that we provide a summary of the issues which must he dealt with concerning the development of our civic center. The issues to be resolved are as follows: 1. Consideration by Council f architect's estimate of space needs. This docarent is netring completion, and copies will be forwarded to you in the near future. The architect has recommended that we plan for a civic center of approximately 60,000 square feet. This estimate is somewhat higher than our original estimate, but is based upon the information received by depart- ment heads and reviewed by the city manager and assistant city manager. 2. Selection of Architect. It is important that we begin the selection process for our architect even though construction is obviously quite some time away. We find that we are at a great disadvantage in discussing the site plan since we have not even decided what the shape of our structures may be. We should also plan to establish a long -range schedule for con- struction of the civic center. This particular action is, in our view, estremely important and is in the city's best long -range interest. 3. Location of Dad for future police building. We have reemphasized the imoortance of designating a future location for a police facility if the city ever desires to construct one. While we have indicated that at the ,resent time we are satisfied with the contractural law enforcement services, we do not want to foreclose on the option of having our own police department in the event the services deteriorate or become too extensive. 4. Anoroval of Site plan. This is a very high priority. The County has indicated that if the city council is satisfied, they will probably concur with sour approval. The staff has spent some months now negotiating, arguing, and fighting for a site plan which is in keeping with the type of development we are encouraging in the community but is still practical. Within the next few weeks we hope to have some alternative site plans for the review of the Council. 5. Financing Alternatives. As we have indicated in previous memos, there are a number of alternatives which are being studied as a means for financing the civic center. At this point, it appears that no matter which alternative is ultimately selected, it is in the city's best interest to tie in with the I —� Hemp Re. Civic Center Priorities October 13, 1981 Page 2 County since that will result in a more attractive financial program for potential investors. Naturally, at some point in the future we will have to decide whether or not the city is really ready to go or whether we will be forced to wait because of the difficult economic conditions which presently exist. 6. Traffic Studies by City Staff. Our city staff is presently analyzing the traffic which will result from the overall civic center development. We want to be certain that whatever is planned will be able to handle the large volume of traffic generated by the city and county use. This is particularly important since the courts will generate a substantial number of clients each day. 7. Precise Designation of City Property. As you may recall, the city has agreed to purchase 7.5 acres of the total site for the city hall /law and Justice center. At some time in the near future, Probably after we have a specific site plan approved, it will be necessary for us to designate the city property. We do not see this as a high priority item; however, it must be taken care of as soon as we know what the overall site plan looks like. 8. Lone -ranee Parking Problems. It is our view that at some point, perhaps many years from now, the price of land will be so high that a parking structure will be necessary to make the most efficient and best use of the land. If a parking structure is ultimately needed, we should provide some means, perhaps in our joint powers agreement which will require the County to participate in the financing of that facility. The County has clearly stated that they have no intention of financing a parking structure. It is more economical at today's prices for the County to purchase more land than it is to plan and finance a parking facility. That is one reason why the County originally agreed to purchase a larger block of land. The above summary indicates all of the major decisions which will required over the next several months. We are intending to bring the selection of an architect to the city council at your next meeting. We will be suggesting some tvne of committee, Perhaps composed of council members, staff, and a planning commissioner to interview and recommend the selection to the city council. All of the other issues are being worked on a day -to -day basis. As we resolve them, we will keep you apprised, If yon have questions or would like additional information concerning anv item on this memo, please contact either me or Jim Robinson. cc! Department Heads 40 • CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 13, 1981 TO: Jack Lam, Director of Community D elopment FROM: Tim J. Beedle, Senior Planner SUBJECT: REDEVELOPMENT AGENCY MEETI S DURING THE MONTH OF DECEMBER The Consultant has indicated that it will be necessary for the Redevelop- ment Agency and City Council to hold three meetings during the month of December. The reason for this is that C e m en 1 o� Redevelopment Plan may not occur until after December 16. There- fore, the City Council will need to conduct a public hearing on December 2 on both the Plan and the EIR and a first reading of the adopting Ordinance on December 16. It will be necessary for the City Council to conduct a second reading of the adopting Ordinance sometime around December 23 in order that we may be able to record all necessary documents with the County before December 31. I would suggest that we discuss this schedule with the Council at their next meeting in order to establish a specific time for a meeting around December 23. � r3 DECEMBER 2 DECEMBER 16 Open public hearing on Plan Close public hearing and F. (Coned. to Dec. 16) rot tin Ordinance TJB:jr Attachment: Memo from MSI dated September 28, 1981 CC: Lauren Wasserman Jim Robinson d* `I M 7, DECEMBER 23 2nd reading of g adopting Ordinance t1 z A i MI!S:CIPAL Sf.liw'I�Fa I�G September 28, 1981 - , '..: _Tim Beadle City of Rancho Cucamonga I'• - P. O. nox 807 - - j 1 Rancho Nczmonge, Cali. 91730 n -- Subjectt Rancho Redevelopment Project Plan adoption schedule .. - I Der TUB: ,,, .. 7. Thaui% you fa- the sending me copies of the correspondences from the. State Board of Egan .ration and San Bernardino's Chief Administrative Officer. 1 would eppreciate "- . continuing to receive copies of any future correspondence regarding Rancho Rer'evelopment t7miect which. the Agency may receive. With r•ogards to !h" Deechib r 17, 1981 filing date with the State Baud of Equalization, due to their receipt o; the revised legal description and project area maps, the pl n a?opt`nn s�vduln of events will hove to ue slightly altered, we will still plan on having the joint p%!)(ic 1•:earin7• on ?December 2, 1951. However, the public hearing will be contimred until Decr.:nhei 1G, 19'0.1. This is to allow the Coun +.y the 90 day period which strnrts from filing of the amp; :with the State Board o` Equalization to prepare the report required in 3ecticr, .. 3".8 of the f lr.RRA and 554y Code Ode Code" ). The 99 By review period begins September 17, 1031 end ends December 16, 1981. On that elate the joint public hearir„ on An prcposod redevelopment plan will bn Owed and the Cily Council will have the first reading of tiu) City ordlenee edopttng the proposed redevelopment plan. A second readin ;; of the City ordinance is proposed to be held the following A'cdnesdsy on December 23, 1981,: Tlri:; will a::ow recording and trarnmitting of the required documents Specified in Sections 33373 and 33375 of the "Code% thereby permitting allocation of tax revenues for the first time to On Agency the following tax year in accordance with Section 331114 of thp, "Code". . It will be a light aahedMo and will regnire your close ecardfnetion of and cooperation among . the Agency, City Council and staff to insure that the filing in completed before December If }on t vr, "ny questions regarding this ,Masse Contact me r � � r -- r . Abrahhrn -Or flips . "1•cam Coordinator 1 Co: Manny De Dos .. j • Dwight French .. r Lauren iVe:;sermen • . i 7phn Brown. ... Fivannzli'la,a, purr:. 19. 11 6IH,uo,•. K- 1.Gttnfln,lii.i�,.C>LLn,�f.91 ;A6 .'I'.IrpL,i,c ( "Ifi9i25: %21 i i b1cm flapa Pon COMMOY Mill LIGENEEO, 90NOE0 . INSII REO t' %CgvgTING • oAVING GOADING 5055 wl[ l 5 • [ Srn[[i Imo; P OryTAflIO CALIFORNIA 91]62 TE�EnXOx[ ]II /9n].36d5 PROPOSAL AND CONTRACT To City of Rancho Cucamonga 9320 Baseline. Rancho Cucamonga Calif, _ I /we herby .pee m fvrni,h 211 lab.,, nureriah ..d tynipmm, for the mmplerion, in good, and workmanlike meaner, of ,he work d «dbed bd.w on property known a. Clty._p_QCt1 o,D_pf Palo Altg Dr W. of „meow.: Do the necessary grading, Install .42 A.C. paving over an area of approximately 6400.98 sq.ft. L 1.10/ sq.ft. 7,040.00 install approximately 425 ln.ft. 2" X 4" redwood header @ 1.85/ ln.ft. 786.09 Grade out and install 2" A.C. driveways. Approximately 240E sq.ft. C 1.50/ sq.ft. 3,600.00 If aggregate base is required to bring area to subgrade elevation add the sum of 8,25/ ton in place. Exclusions: Testing, Staking of drives. CITY OF VNCHO COCAb10NGA COhihlliNIT'i EEVEIOP,VMT DEPT, ca r'40YFCM/L is r9BfRo"'r(0i PRe/eL� t es h CCe-R? tOtE PM 77i PNe AM 71 S 19110111112111213141 v 16 .n 6,r he mm o1 s - __ as above __, my.bl< a, Wl.o ,o on completion nor,.... perms,. nR�l m.in. nom he', m he an .ddiunn.tl roe m dl« 2hn.e ilgure DATE__ _ __;bar —I$-. 19 $j__ AMERI AS ALT AVING ACCEPTA NC 1 /we a (ay Gwnrr, Agent or Gm 1 utor) «<p, the within Prnlv,aal. Y.. are mihorhed to P,,farm the work <ompreh.nd <d hereunder and 1 /we agree ro py the ,.ld a m In .unn6mc wr:h Ihr term, .n (nah. All of the term, erred on revere ride ere ipmrpon,ed herein end In.& a Pert hermf. T )a71� CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 21, 1981 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Day - Etiwanda -San Sevaine Creek Drainage Study ,2Q GVCAA10 C G F 19;' I This memo is an addendum to my previous Council memo of October 21, 1981. In that memo, it was Staff's recommendation that Council authorize up to $15,000 as a City contribution to the study of the Day - Etiwanda -San Sevaine Creek. After further review, I feel it appropriate that the Council make the funding authority subject to the following stipulations: ° That San Bernardino County Flood Control District take a strong role as lead agent for the design of the channel. ° That the funds not be expended until all agencies and development interests involved have posted their proportionate share. If full funding is not obtained, the City will receive a full refund. ° That the City receive full credit for funds expended towards any future funding obligations related to the channel construction or receives future reimbursements if available. ° That the County seek proposal from consultants and establish a review committee to make consultant selection. Engineering will transmit these provisions to the County as the basis for a funding agreement. This agreement would be subject to future approval by the Council prior to funds being posted. RECOMMENDATION• It is recommended that the Council approve the appropriation of $15,000 for the Phase 2 Study of Day - Etiwanda -san Sevaine Creek subject to the previous stipulations. Respectfully submitted, 1 LBl1: jla 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 29, 1981 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Construction of Palo Alto Street CA:1fON IC a� z .. 9 1977 At the October 21, 1981 meeting, the Council entertained a Staff recommendation to fund the northerly portion of Palo Alto Street in conjunction with the Dona Merced School. The Council appointed a committee composed of Councilman Frost and Mikels to meet with the School Board to determine joint funding options. The committee has met with the School Board and have been unable to reach a compromise solution. The District based on the attached findings of the State maintain that they are statutorily restricted front participation. These statutes presume that the City by re- quiring 26 foot of paving and drive connections are making a re- quest that can be construed as a gift of funds. It is Staff's opinion that these two requirements are minimal to provide for traffic safety to serve the school and that drive connection to disrupted neighboring property is a consequence of the street de- sign.. The Council would appear to have two options: 1. Assume responsibility as a gesture of concern for community safety and service to the children. 2. Deny funding and allow the substandard street to be constructed, refuse dedication and maintenance and in essence make the street a private drive to the school. Staff as previously indicated,feels that consideration of public safety makes the second option unviable, however, shares the Council's feeling of frustration at being forced to cover costs that accrue only because of error and lack of coordination on school projects. If it is decided to fund the improvements, it would be recommended that the Mayor notify the District of the reasons for this decision and of the normal budgetary process for scheduling these expenditures for future projects. STAFF REPORT October 29, 1981 Page 2 RECOMMENDATION It is recommended that the Council adopt the attached resolution declaring the emergency need to complete this project and authorize the Mayor to execute contracts to complete work. Funds should be authorized in the amount of $11,426.00 plus 108 contingency to be drawn from SD 325 funds. Respectfully submitted, LBH:jaa Attachments O C STAFF REPORT o; FN L- 1977 DATE: October 21, 1981 TO: Members of City Council, and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: AWARD OF CONTRACT FOR CONSTRUCTION OF PALO ALTO STREET Attached for Council review is a previous memo dealing with problems re- lating to construction of Palo Alto Street fronting the Dona Merced School. In order to complete this construction, Staff has been negotiating a con- tract with the School District Contractor. We are in the process of final- izing a proposal in the area of $12,000. This amount being nearly $2,000 lower than the initial bid submitted to the District. The final proposal will be made available to Council as soon as the details have been com- pleted. Because of the unusual nature of this project, and the need to complete construction to alleviate public safety hazards, it is recommended that the Council declare the urgency of the situation and order the emergency completion of the work. RECOMMENDATION: It is recommended that the Council adopt the attached esolu l2 Lion declaring the emergency need to complete this project and authorize the Mayor to execute contracts to complete the work. Respectfull submitted, Lloyd B. Hubbs City Engineer LBH:kp CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: September 14, 1981 T0: City Council and City Manager FROM: Lloyd Hubbs, City Engineer SUBJECT: Dana Merced School _�7L v With school opening this week the Council may hear some complaints about the lack of a street in front of the Dona Merced School. This unfortunate problem was due to negligence on the part of the Central School District and its architect to properly coordinate the construction. Palo Alto Street fronting the school currently exists as a unimproved priva*^ easement accessing several homes. Because of grade differences the City Staff spent a great deal of time with the schools engineer and property owners obtaining dedication to allow construction of a standard street that would access the homes and the school. Prior to completion of the final plans the architect bid the project with an unapproved set of plans. When the final plans were complete changes in the contract were required. When these changes were submitted to the State they refused to participate in anything north of the street centerline. This would leave a 18 foot street unsuitable for two way traffic and did not make provisions to connect drives to existing houses. The School District appealed to the State to fund the improvements and were denied. The District further refused to fund the improvements. The City faced with a no win position with local homeowners and parents reluctantly consented to present a recommendation to Council to fund the remaining street improve- ments. The District rebid the project splitting the improvements. The City portion came in at $13,875. This entire process, which was fully coordinated by the District has yet to be concluded and it will likely be another month before construction on the District's portion will begin. Engineering feels the bid received by the District is inflated and will try to negotiate a better price for our portion if possible. This contract will be presented to Council after the District has awarded its contract. Construction of the two portions will be coordinated as best as possible under poor conditions. It should be noted that the Alta Loma District has constructed a similar street to City Standards without these problems. If you have any questions please call. LBH:bc 011A4tMENt Of GE.WL SEWUS OFFICE OF LOCAL ASSISTANCE %- -"-� 10x3 I SifER. ROOM I13 SLCR ENIO, Q111ORNIA 05014 JVtCF tlA{,;CIiC CUta'•'C�'Cf1 (915)445 -2704 Cl;' " : 10mEni 9EP {' October 31, 1980 COY ^:,UNIT•I DEV (3, 4tol�t'��L {�i1�2�314f�t� Mr. Norman C. Guith, Ed. D. Superintendent Central School District 9457 Foothill Mvd. Rancho Cucamonga, CA 91730 Dear Dr. Guith: State School Building Aid Central School District Application No. 1921514 County of San Bernardino On October 23, 1950, Leo Jette of Frick, Frick and Jette, Architects submitted a revised plan for off -site development at the Central School site to our office for review. This plan appears to cover work which is part of the present construction contract, but also incorporates additional street developments required by the City of ?Ancho Cucamonga. Our review indicates that all of the additional .cork, with the exception of the street lighting, is ineligible for financiig under the State School Building Aid Program. TYe State Allocation Board's policy on street improvements prohibits development of adjacent properties without equitable participation by the owners of such property. Board policy also limits street paving to a width o° 20 feet along the school frontage. (See applicant handbook Section A -1103) Also it should be brought to citys' attention that in situations such as this that the Streete and Highway Code requires the local entity to bear the costs of i.'norevements different from those reccmmended by the State AIlocation Board. (See extract from Streets and Highways Code) If our office can be of addition assistance on this matter, please let us know. Sincerely, Robert L. Oldham Area Supervisor 7�� 1,d4 Harr ',leaver Field Representative cc: City Architect County Counsel South Area 7 EXTRACTS FROM THE STREETS AND HIGHWAYS CCG_ 18tu<t.>ne If'.a6wer. CA, . 100 51 Sims. ISM, Ch. -n' t DIVISION 1. STATE FIICDWASS Ctu1-�t 1. .tOU::: rr _sr:ov Artie!a 5. Funds far fligSmsP PurPosea 2117. lC lo:nc err a sctroo; divtrict ro::strt,a is a school In:il for thr nm'truot inn of "Iti,!: unv up p•irlh,nnlant is uoole vurl:k,,,a to ('Iu,VLr Y (n oy,rin� J v1;" $PCLnn Ni:lll nud f ^•1, t'4'" =l . •r. rc�ho�+eith Pion f ^]I1 of Itivainn 14 of th., 1':JUrntl+^ Cori ^. and t1n• rite• r,,,': u l rncnip. Or tm: ..... m xiocil vica 5cnnol buiLiin, is q"ontid r -gmrrr tl:r cn nst: nc lion of nny start Or road cnr.nrcttd III iti: :.Lr W11r,'! p-arlisr; on •:rh:c is .sud:.schcol bmld'mg !a cmistn:cted. tha S Ail :ratio:: 1L•.rrd rinV rcvv ^.v the rcq u:rr ^,rr.i nnrl :reoP:- mrml In ^ - ovrrnrlq Ywl,- of the city, Pity and em:P.ly nr MIrt_: n Phln ni !: ::rt'mn:'A"',': r:b: to mm•' ti:1 rerds of the school ri r,l Pct r•w and I ,I!. tv of O:c public. if - • .,I• of : ^•s' :1L, mi r )i,'r '. ,v n... hn,r „t - -r "fv .vni rmnn° .. ," xry o r prow smn of thlc co 4c nr any 01,:, Ime u';lilirg :Im P::rpons fur W ic!t mrnrP r.pp"tionni to nitico• cri•p'.t and from rlo, Cr rs Tax Fim,] ry L¢ =x. prrdrd, y f tm mnny rc mray be gxpcerirIl for the con ::fn non of If, starts or ro,lds rof•rr ^II In In lllin slr,tion 1dnOrir¢ in ti:i,i s'rrtinn aha➢ ow cesslrtoad to require each rOSt itc:n ll inrlun, ^i in r _ ulLVgc r.:m!e P:vSUV:t t0 this section to Le s nmtAy.vntrd. rllnnln rinp 9r,n,on 7117 h1' Stnl, ;%-.. f;b. 16,2 ,1 DIVIMON 7. IJTCO'7 r'YF.NT ACT OF 1011 CfiAl'rrr1 15. Orvcan. PROM -,tons I1tLATt \O To .is;r.;av rr:'rs 5702.5. If Ibp 1, gi.letivc Lady, In thr resnintion of intcmim,, dr. cl,vrc Il•nl nn Tot or pa 1111 nI land nv: nrd and n:rd as provide:! in Seed... f.ril ah::ii he illrinrb•,1 le 11r 1111",11114`117, nr if no dVei9ra(1nll is nmdP r­11 !,,, nn >rm,h h,l. ,.r pnrrri of land thro any 111"4` +un :rt up,m ,o 11 i,4 nr Par. ri of laud, rSmyLL .ur: lot Or Pureet "I""' l,y ;i:,• Ulfllyd AtM, n or L";., ,J, p•ui uo ut ;Iwrruf 1111 Slay Of C,:11 fi r:ra , b1 or auy ^µ.0 711.:•rIln o,d, .hall br all ,a ri.r cubic old l_nhon 1, ruat Llu• mvu "r „I' >w 4 p , J•: and �i,.111 L,• p: "i, r, vr,n f', ii.lyv oflor 1111 71::1,. ..f r1c,n Lr; �'h�• s.u:ru 1, 11 y' 1;. o f •,,'Grr r, nR:: ,':'v, nr lom rd luu ro•� ,irIr;; of k1, dI. :, rk, r r II: �., of the 0, 1. r r sort, I,ur :, f:r lot nr pa ,'•.I n Ll oil .ue!, if a „I p.ud kIILm Nall :111 day •., sLa1' Io I- t_IJII A-1103 (Cont. 4) If the charges are special assessments of an improvement district which are outstanding against property being purchased by the school district, all of such charges ray be included, provided the assessments are outstanding ` at the tine the application is filed (assessments of improvement districts fo:r..ed after the filing date of the application and before completion of construction are limited to 7) percent of the amount of the assessment). Eligible u,ViLity assessments or similar charges must be shown in the detail sheets of the cost estimate as a separate item within the utilities cate- gory. Such costs may not be included in the plans and specifications as they are paid directly by the district from project funds. ilncnever a school district includes construction in an application which benefits other properties, the dist riot most submit a reimbursement agree- ment, acceptable to the Executive Officer, which will return all cost of construction not directly benefitting the district. F 2. Of' -situ. i'eveloement. Include here the cost of constructing roads, st=eels, sto= drainage lines, curbs, gutters, sidewalks, and street light - dng along the perimeter of the site. tto cost for any item of off -cite development is allowable if such cost can be construed as a gift of public funds, by vr_rtue of benefitting adjacent prpperties without such properties equitably sharin.; the cost of such development. Gcnerallj•, these costs are for improvements on prupc —y to be dedicated for public use, and the imprcvements are required by local ordinance or by reason of being included in an improvement dicLricL. In order that a schccl district pay its fair share of off -site development end still conserve state funds for needed classrooms, reoneut.s for funds for off -site development mov not exceed the following: ,. a. Strect paving (including existing paving). One -half of the width of a standard residential street, up to a maximum or 20 feet from . "ace or curb to center line, on not, morn than two sides immediately ad,Jncent to the site. Roadways of a width or standard greater than those of a normal subd.ivirdon may be provided by the city or cosnty under Section 2117 of the Street and highway Code or from other than State aid funds. b. Curbs, knitter:;, and walks on not more than two sides immediately adjacent to Lh., site. To be includod in an application when the t 6/77 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: October 29, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Enginee J SUBJECT: Palo Alto Street Attached for Council information is a resolution from the School District which somewhat opens a door to future negotiations of participation in Palo Alto Street. Staff feels, however, that if the City funds the project, there will be very little incentive for resolution. The options are still the same as presented in my Staff Report of October 29, 1981. LBH: jaa Attachment W. CENTRAL SCHOOL DISTRICT Rancho Cucamonga, California RESOLUTION NO. 15_(81_82_ Paving of Palo Alto Street 22a5nn Cm OMINISp�MOw AM OCT 28 I9 7i81�1Dp111211�y�S B WHEREAS, the Palo Alto Street: on the north side of Dona Merced School remains unpaved, and WHEREAS, the paving needs to be completed for emergency vehicle access, and WHEREAS, the Central School District may only pay for the cost of paving to the center line, NOW THEREFORE BE IT RESOLVED, that in the event it becomes possible for the Central School District to share in the City's expenses for paving of the north side of Palo Alto Street, the Central School District will, at that time, negotiate the cost with the City of Rancho Cucamonga. Adopted this —47— day of 1981. CENTRAL SCHOOL DISTRICT BOARD OF TRUSTEES Norm n C. Guith, Superintendent Secretary to Board of Trustees RESOLUTION �-, / - M.V A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE CONSTRUCTION OF PALO ALTO STREET AND DE- CLARING THE EMERGENCY NATURE OF THE PROJECT WHEREAS, Palo Alto Street is a significant missing street improvement serving the newly constructed Dona Merced Elementary School; and WHEREAS, Without City participation in completion of this project a substandard hazardous project will be constructed that will endanger the lives of residents and children utilizing said street; and WHEREAS, School contracts to complete the substandard con- struction are eminent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California that construction of the northerly half of Palo Alto Street is an emergency project requiring immediate attention and hereby authorizes execution of contracts with American Asphalt to complete said construction. PASSED, APPROVED, and ADOPTED this 21st day of October, 1981. AYES: NOES: ABSENT: Phillip p 0. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk I 3922 required to provide such utility services by other agencies, reimburse- (Cont. 3) ment of all costs directly attributable to those utility services, including planning, test and inspection, must be covered by an acceptable reimburse -T Lncnt 'agrccment., OFF -SITE DEVELOPMENT 3923 The cost of constructing roads, streets, storm drainage lines, curbs, gutters, sidewalks, and street lighting along, the perimeter of the site may be included in the project application. No costs for any item of off -site development is allowable if such costs can be construed as a gift of public funds, by virtue of benefitting adjacent properties without such properties enuitably sharing the cost of such development. Conerally, these costs are for improvements on property to be dedicated for public use, and the improvements are required by local ordinance or by reason of beine included in an improvement district. In order that a school district par its fair share of off -site development and still conserve State funds for J neede,l clnssrooms, requosts for funds for off -situ development may not exceed the following: (a) Street pavin!! (including existing paving), nne -half of the width of a standard residential street, un to a maximum of 20 feet from face of curb to center line, on not more than two sides immediately adjacent to the site. Roadways of a width or standard greater than those of a normal subdivision may be provided by the city or county under Section 2117 of the Street and Ilighway Code or from other than State aid funds. (h) Curbs, nutters, and walks on not more than two sides immediately adiacont to the site. TO be included in an application whon the property in the immediate area is so developed and only to such mu extent as will make the facilities on the site readily usable. the reouirements of a standard subdivision also apply to these items. Any portion of sidewalks in excess of five feet in width are chargeable to general site development. (c) Funds for street trees, street name signs, and street lights. Such costs will not be financed unless: 6/81 3923 (Cont. 1) (1) Existing and proposed streets in the neighborhood are either so improved or are required by local ordinance or assessment district to be so improved within a reasonable period of time; and (2) Such financing is limited to the development of not more than two sides of the school site, including, any sides already so improved. Rough grading required for off -site development may be classified under service site development if the balancing of cut and fill involves both categories of work. If rough grading costs are combined in this manner, so state in the supporting detail of the cost estimate and in instructions to bidders. A school district may not include off -site development costs in an appli- cation which benefits other properties; however, if the district should be / required to provide such off -site development by other agencies, all costs directly attributable to that off -site development, including planning, test and inspection, most be borne by the district. \✓ f .SERVICE SITE DEVELOPMENT 3924 This category is essentially the site preparation work usually required before proceeding with building construction and installation of general site development items. Service site development is limited to work which is necessary, represents good practice, and conforms to efficient principles of engineering. The chief items of service site development are: (a) Site clearance, including demolition. (b) Pough grading of the site to required contours, including cut and fill, leveling and terracing operations. May include off -site cut and fill operations under certain circumstances. See instructions for off -site development. (c) Soil compaction. (d) nn -site drainage facilities (except drainage of football fields and running tracks). (e) Erasion control work on banks having a slope of at least two to one �( and a vertical height of more than six feet. includes sprinkling systems and retaining walls and stairways more than six feet in vertical height in connection with such facilities. d. Cl 1,\ I - I F It 1:1. GE N1 ACA 1. 1 '11( A IYIONS 141, 1 A I IN(, I II . 'ISSESSIMEN 1'S scc. 1IaNITIC-111 of oIsscssolvill: (Mliga lion; Iola•rest: Coilowlion ----------- It tilt, jcl!ISI;Ill,,'c lood\. ill fill, ru.sollill"ll k1•, if ic it any 1, it I or I )ilrk d of hill I ( M 11VT MITI I csr(f as 1l \,it 1v( I III it( )it r,:;( I I Shull Ill I IT ' I I IT it 1, IT '( I In Ih( or it no .: duclaralion 1s made resp(w1jog, Mn\ o( 11 Otor p;ircvlofl;1nd in ain, q rsw.'l it, -111 ill rin Ski, Iflotorlim, I IR M I 2. Ex*rRACTS FROM I'l Ir STREETS AND HIGHWAYS CODE DIVISION 3. APPORTIONMENT AND 1: XPENDITURF OF IIIIGIAVA;Y 17UNDS CIIAP Est 3. HIGIMAY t'SERSTAX 17t*.NI1 C. 211:. Street or lioad Constro(fion in Connec. 777 YY lion Wilb stale-aideill Sol Con. s1ruclion Whenevcra s(,Ii(x)l district Coostrk" 14;' s(IIIN)i loollding for 111c con."Iruciloll oI willch aliv is pursuant lochaptor m icoillown, ing %'1111'w(tioll 11 moll and Chapicr 10 (contill•m im! NN-1111 S('( Will 1! 1151)1111 )1% i.111 IT) 14 of tilt- Ethicality) Colic and flit' city. I Iry Tind ('I x1111 \'. or moniv Ili which sit( 11 sk 114 Ill holl, ling Is Gilllawll rc(I'llo Ill(' consIrLAC1101) (if am sirevI or roact ( ('fill( .( led will, ille hool prcrilim..'; ( 11 1 whit'll so S( hoof hoil, ling, IS I on'lrl IT 1", 1. lilt, Still(• ooltocaflon Board shall rookw%% Ow •clum-orcrif and WCOI I I I Ill.[) I I It, I I Ic go 'v I mIT If,, I MIT N I 'I I 111 . I It\. I I I.N i ld(otsolv or rnnnly (pion of consin iction ; l(le(It [;If(' 1" mc•l ti lit vd.qof 111 Tilt, si hool I lisim I and Iho solt-lv, A ill(, I )111)li, Ifo, filk I I I I 1.11111 q of I I To I ro )e T, I I ic 111 I of in I 11 nove I I re 11: of I119111, r st i it 1, 1. 1 r, Is I 11; 111111; 11 W', 011lolctldcd by thc Board iA reclum-H 1w My governing liodv of I)(- ("I\" I Troll N or (ounI)-, tlic is(lditiomil virsi Illercof shall IT(• loortic Iry �hc (1t\'. city mid Couniv. or coontv Ili \% NOT stich so hool Imilffirij.! Is silocit•(l. Nolwj I I Isa t I of I 11 g all)' 4 it I Ic r 1 w w jslol I of I I Its ('or It' Too art v o I I I er hw limiting Illc porposcs for which mom• oloporlionud 11) OtIcs. Cities ;111( 1 (*or moor S. or col ollivo; Iron I Ih( - I hglm av I sCr 'I ON Forld Moot') n1oIwvso;il porfiorw-1 111M, I W (-xl wlu f(-( I for [I it - I )list To I( it. on I If it w si To 1 1., 1 or tilt I( I(s To •1vrrc( I to I in Ih is sc, (nil, I I)1 VISION 7. 3 111 . IXI I 'ItOVE \1 I : N I M : I of 1'A I il 3. 1'1' I if:( HIM IN(; I Ill: %VOlt K Cl 1,\ I - I F It 1:1. GE N1 ACA 1. 1 '11( A IYIONS 141, 1 A I IN(, I II . 'ISSESSIMEN 1'S scc. 1IaNITIC-111 of oIsscssolvill: (Mliga lion; Iola•rest: Coilowlion ----------- It tilt, jcl!ISI;Ill,,'c lood\. ill fill, ru.sollill"ll k1•, if ic it any 1, it I or I )ilrk d of hill I ( M 11VT MITI I csr(f as 1l \,it 1v( I III it( )it r,:;( I I Shull Ill I IT ' I I IT it 1, IT '( I In Ih( or it no .: duclaralion 1s made resp(w1jog, Mn\ o( 11 Otor p;ircvlofl;1nd in ain, q rsw.'l it, -111 ill rin Ski, Iflotorlim, I IR M I An adjourned 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 October 29, 1981. The meet- ing was called to order at 6:15 p.m. by Mayor Phillip D. Schlosser. Present were: Councilmen James C. Frost, Jon D. Mikels, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Lauren M. Wasserman, City Manager; Robert Dougherty, Assistant City Attorney; Jack Lam, Community Development Director; and Lloyd Hubbs, City Engineer. Absent: Councilman Michael A. Palombo. 2. PALO ALTO STREET. At the October 21 city council meeting, Council appointed Councilman Frost and Councilman Mikels to a subcommittee to meet with representatives of the Central School District's Board of Trustees to work out a possible joint funding of the northerly portion of Palo Alto Street which runs along the front of Dona Merced School. The subcommittee met with school board members was was unable to reach a compromise solution. The issue before Council was whether to assume full responsibility and complete the street as a gesture of concern for community safety and as a service to the children; or, deny funding and allow a substandard street to be constructed, refuse dedication, and maintenance. In essence, the street would become a orivate drive to the school. Mr. Wasserman pointed out that the problem was that the State Allocation Board would only approve paving 20 feet from the centerline. Mayor Schlosser asked Council what they wished to do. Councilman Frost read Section 3923, paragraph 2 on page 2 (excerpts from the State Allocation Board's Policy Handbook) which stated "a school district may not include off -site development costs in an application which benefits other properties; however, if the district should be required to provide such off -site development by other agencies, all costs directly attri butable to that off -site development, including planning, test, and inspection must be borne by the district." Mr. Frost continued by reading Section 2117, Extracts from the Streets and Highways Code, "...if a different plan of improvement of higher standards than that recommended by the State Allocation Board is required by the governing body of the city, city and county, or county the additional cost thereof shall be borned by the city, city and county, or county in which such school building is situated." Mr. Frost stated that these are contradictory statements. Councilman Frost stated that the road needed to be completed. He asked the city attorney if we were legally required to complete the street, and if so, would this set a precedent? Mr. Dougherty replied that in his opinion we were not legally required to complete the street. Councilman Bridge stated that we have to be concerned with the liability issue. Discussion followed between Council and the City Attorney regarding whether we would be setting a precedent if the city completed the street. Councilman Frost commented that regardless of what else needed to be done, the city f needed to first complete the street. Councilman Bridge asked that if we could get the idea of protest across, would this help to show we are not setting a precedent? Mr. Dougherty stated that any action we took, it would not require as to take a similar action in the future. Councilman Mikels inquired that if we pass the resolution, would it be nossible to include in the resolution that we were doing so under protest and for emergency reasons and to cite Section 3923. Mr. Wasserman stated that we should have the city attorney draft some appropriate language for us. Mr. Dougherty stated that we are not in a position to compet anyone to prc ide improvements. These sections are difficult to resolve. An interpretation is needed, and the one to give such an interpretation would be the State Attorney General's Office, and that would require one of our state legislators to -ake such a request for the city. Both Councilmen Frost and Mikels concurred that the resolution should be approved in order to get the street completed. Mr. Wasserman expressed concern that we could have a similar problem with Chaffey High School District with the access road the city is requesting. Mayor Schlosser asked if we could include in our protest to the School District that the money be repaid if we found a loop hole in these two sections. Mr. Dougherty stated that it did not appear that we could require the school district to put in the other half of the street at their expense. He stated that these two sections needed to be tested. To test this in court would cost the city more than the $11,000 to complete the street. It is really a situation of whether a school district or a city can compel the other to fund that half of the street. Councilman Mikels stated that he felt we had grounds to compel the State Allocation Board to amend the contract to complete the northern side of the street. Mr. Dougherty stated that he doubted we could get very far. He felt it would not be the best use of the tax dollar to have a court aciton. Councilman Frost suggested that the resolution include a dollar amount. Mr. Hubba stated the amount would be $11,4000 with a 10% contingency. Councilman Frost suggested that the word, "policy," be changed to "opinion." Councilman Mikels stated the words, "an emergency," should also be included. Motion: Moved by Frost, seconded by Mikels to approve Resolution No. 81 -166 and waive the entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo. City Clerk Wasserman read the title of Resolution No. 81 -166, RESOLUTION NO. 81 -166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CONSTRUCTION OF PALO ALTO STREET. Councilman Mikels requested that staff get a complete version of the State Allocation Board's Policy Manual and see how it compares with the Street and High- ways Code, Motion: Moved by Mikels, seconded by Frost to adjourn. Motion carried unanimously. The meeting adjourned at 6:45 p.m. Respectfully submitted, Il1.e:L�L� �Lt:t��c -EL� Beverly Authelet Deputy City Clerk