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HomeMy WebLinkAbout1982/09/01 - Agenda Packet• U= CITY OF RANCHO CM'0V1Q Gj% CITY COUNCIL UIL- AGENDA 1977 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California September 1, 1982 - 7:30 p.m. All items submitted for the City Council Agenda most be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such items. 1. CALL TO ORDER. A. Pledge of Allegiance to Flag. B. Roll Call: Dahl, Buquet Frost, Schlosser_, and Mikels. C. Approval of Minutes: July 22, 1982 2. ANNOUNCEMENTS. a. Wednesday, September8, 7:00 p.m - PLANNING COMMISSION' - Lions Park Community Center b. Tuesday, September 14, 7:00 p.m. - HISTORIC PRESERVATION COM- MICSION - Lions Park Community Center. c. Presentation of Proclamation to Vineyard Little League. 3. CONSENT CALENDAR The following consent calendar items are expected to be rountine and _ nor. - controversial. They will be acted upon by the Council at one time without discussion. a. Apprnv:❑ of Warrants, Reg. No. 87 -9 -1, in the amount of $182,500.55 _ 1 b. Alcoholic Beverage Application for Carl C. and Ferdinanda 3 Del.lomo, Hole in the Wall, 9668 Baseline Avenue for off sale beer and wine, c. Alruholic Buverage Application for Brookside Enterprises, 5 Brook..Lde Vineyard Company, 12281 Arrow Blvd for winegrower. f. Acrep Lince of Street Improvements and Release of Bonds. 17 * M.S. 76 -0529 - located on Hillside Road and Mayberry Avenue - Kennrth Retner d Assoc. 0""LA Faithful Performance Bond $28,000 City Council Agenda -2- September 1, 1982 d. Refer Claim by Robert H. Behnke to City Attorney for handling 7 e. Release of Bonds: 16 * Tract 9903 - located on the north side of Banyan, west of Sapphire - Steven H. Sanberg. Cash Deposit (Monument) $1,670 * Tract 9136 - located south of Banyan and west of Amethyst - Regency Estates. Cash Deposit (Monument) $1,650 * Tract 9137 - located on the south side of Banyan, west of Amethyst - Regency Estates. Cash Deposit (Monument) $1,550 * Tract 9180 - to ^ated on the east sideof Sapphire south of Hillside - Steven H. Sanberg. Cash Deposit (Monument) $3,800 • Tract 9409 - located on the north side of Foothill, west of • Ramona - R S J Investors. Cash Deposit (Monument) $2,500 • Tract 9475 - located on the north side of Lemon, east of Haven - J. Anthony Development. Cash Deposit (Monument) $1,900 * Tract 9223 - located north of Banyan Street and West of Sapphire - Camco Land Co., Inc. Cash Deposit (Monument) $2,700 * P.N. 6582 - located on the southeast corner of Helms and Foothill - Praver Bros. Investments. Lahar and Mawrial Sand $:5,800. f. Acrep Lince of Street Improvements and Release of Bonds. 17 * M.S. 76 -0529 - located on Hillside Road and Mayberry Avenue - Kennrth Retner d Assoc. 0""LA Faithful Performance Bond $28,000 City Council Agenda -3- September 1, 1982 • * D.R. 78 -30 - located at 8515 Archibald Avenue - Mobil Oil Faithful Performance Bond $30,000 * 5727 Carnelian Street, north of Wilson, Permit *858 - Mr. & Mrs. Richard Harney Faithful Performance Bond $13,100.00 RESOLUTION NO. 82 -151 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING THE STREET IMPROVEMENTS FOR MINOR SUBDIVISION 76 -0529, DIRECTOR REVIEW 78 -30 AND FOR 5727 CARNELIAN STREET. g. Agreement for Construction Management Services -- Assessment District 82 -1. Recommend approval of contract with Willdan Associates to provide construction consultation, preparation of as -built plans, review of progress estimates, and further consul - ration on assessment district law and procedures not to exceed $32,000, h. Rncuest for Authorization to Seek Bids for the Construction of Hillside Road Improvements. Phase I. It is recommended • that City Council authorize the Engineering staff to seek bids for the construction of Hillside Road Improvements, Phase I. i. Acce�+[nnce of Extension Agreement for Director Review 79 -06 - tiredricks Development Corporation, It is recommended that Council accept the extension agreement submitted by Fredricks Development Corporation for their project located at the northwest corner of Ramona Blvd. and 19th Street, Is 23 76 j.rvyt nce o RESOLUTION NO. 82 -152 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT FOR DIRECTOR REVIEW 79 -06. Bond and AP.r_ ffiI4 innr Dcv_e to enf 82 -0] -O] - > d'caC Rubbc It is - - mthat Goun at by nt Mnor Dov lop nt Rev ew -01 l Indust gin Lane smttud ty odyear ubhe , • City Council Agenda -4- September 1, 1982 RESOLUTION NO. 82 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVE- MENT SECURITY FOR MINOR DIRECTOR REVIEW NO, 82 -01 k. Acceptance of Base Line Reconstruction Project. Base Line Road from Carnelian west to City limits bordered by west side of Carnelian to east City limits of Upland has been completed to the satisfaction of City Engineer{ thus it is recommended that a Notice of Completion be filed with the County Recorders' Office. RESOLUTION NO. 82 -154 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING BASE LINE RECONSTRUCTION FROM BASE LINE ROAD FROM CARNELIAN WEST TO CITY LIMITS BORDERED BY WEST SIDE OF CARNELIAN TO EAST CITY LIMITS OF • UPLLND AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. Acre Lance of Real Property Improvement Contract and Lien AArecment for 8218 Ninth Street. It is recommended that Council adopt the resolution authorizing the City Clerk and Mayor to sign said Real Property Improvement Contract and Lien Agreement for 8218 Ninth Street submitted by Burt Chisum RESOLUTION NO. 82 -155 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONT5ACT ,,ND LIEN AGREEMENT FROM BURT CHISUM AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. m. Ar c �l nnro of Real _Pronor`v Its roveiont Contract and Lien 52 -._P Ate'. r, ar nt for 688t Ame LI st Avoruo. It is recommended that - -- Cminril adopt the resolution authorizing the City Clerk and Fin ant to Siy;n said Real Property Improvement Contract and Lien Agreement submitted by Thomas and Barbara Trombatore. RESOLUTION NO. 82 -156 A RESOLUTION Of TUE, CITY COUNCIL OF THE CITY OF RANCHO CUC.VI()NGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROCIiNEN'r CONTRACT AND LIEN AGREEMENT PROM THOMAS AND BARBARA TRONRATORE AND AUTHORIZING THE MAYOR AND CTT1' CLERK 10 SIGN THE SAME. • City Council Agenda -5- September 1, 1982 n. Set public hearing for September 15, 1982 for Notification Procedures Ordinance. o. Set public hearing for September 15, 1982 for Zone Change 81 -04 Wilson. A change of zone from R -1- 20,000 (Single Family Residential - 20,000 Sq. Foot lot Minimum) to R -1- 10,000 (Single Family Residential - 10,000 Sq. Ft. Lot Minimum) for 6.9 acres of land located on Banyan Avenue, east of Archibald Avenue - APN 201- 251 -63 and 64. 4. PUBLIC HEARINGS A. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT #2 - VICTORIA PLANNED COMMUNITY It is recommended that Council order the work in connection with the formation of a landscape maintenance district for Victoria Planned Community. Staff Report by Lloyd Hubbs. RESOLUTION NO, 82 -157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE • WORK IN CONNECTION WITH THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT N0, 2. R. FOR;L%1 ION OF STREET LIGHTING MAINTENANCE DISTRICT N0. 3 - VICrO:,'A PLANNED GOMNUNITY. It is recommended that Council order the work in connection with the formation of a lighting maintenance district for Victoria Planned Community. RESOLUTION NO. 82 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LTCHTING DISTRICT NO. 3. 5. CITY MANAGER STAFF REPORTS A. CIL \;1:1 C!i OF COM: !FLGH AGRFFAi'.Ni', It in recnmmwulcd that tbo 94 City Council approve the a };rcemvnt between the City and Rancho Cucamonga Chamber of Commerce. Staff Report by Lauren Wasserman. R. CO:MPNITY DEVRLOPMEN7' BLOCK GRANT. (lousing Rehabilitation 101 Loan ('rug rn m-- updete - -app m vnl of contract. Stuff Report by .lank Lam. 9 City Council Agenda -6- September 1, 1982 • C. ACCEPTANCE OF BONDS, AGREEMENTS, FINAL MAPS AND VACATIONS FOR TRACT 9658 - RICHUOOD DEVELOPMENT COMPANY. Staff Report by Lloyd Hobbs. 131 RESOLUTION NO. 82 -159�i 133 A RESOLUTION OF THE CITY CALIFORNIA, OF THE CITY\ OF RANCHO CUCAMONCA, FRNIA, ACCEPTING �Y IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 9658. RESOLUTION NO. 82 -160 �u. 134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY + OF RANCHO CUCA.MONGA, CALIFORNIA, SUMMARILY P\ ORDERING THE VACATION OF A PORTION OF MADRONE�1 AVENUE. D. AUTHORIZATION TO AWARD CONTRACT TO OWEN ELECTRIC. Request 151 authorization to award contract to Owen Electric of Rancho Cucamonga to upgrade parking lot lighting and install emergency lighting at Lions Park and the Lions Park Com- munity Center. Finance 75/25 by State /Local & grant funding. Staff Report by Bill Holley. • E. AUTHORIZATION TO AWARD CONTRACTS TO ALTA RANCHO GLASS & HERITAGE FLOORING 153 Request authorization to award contracts to Alta Rancho Glass Company, Rancho Cucamonga and Heritage Flooring, Rancho Cucamonga to make certain improvements to Lions Park Community Center. Funded by the Recreation Trust Account Staff Report by Bill Holley. F. AU'mo RI'ZATION TO SIGN AGREEMENT WITH MARLBOROUGH DEVELOPMENT 154 Authorize Mayor to sign agreement on behalf of City, between City and Marlborough Development Corporation, delineating procedures for dedication and development of a 6.5 acre neighborhood park on Church Street east of Turner Avenue. Staff Report by Bill Hollev. G. REPORT TO COUNCIL ON METHOD OF REACTIVATION OF A PORTION OF 159 Till, AIL`IY CORP OF ENGTNFERS RECREATION ELF.MEN'l' ALONG THE Clf_l.\Vln;;r;A /nrir:NS CHANNEL PRO.MCT.. oral Report by Bill. Holley H. RP:pnR'r 1'0 COrNOTI, ON OPT'NN FOR FORMATION OF PARR CWd ITTSSION Oral StagRepoa i >y Bi].i_lia }iey -- - -- • L J n U ID City Council Agenda -7- September 1, 1982 I. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE . The League of California Cities conference business session is scheduled for Wed- nesday morning, October 29th in conjunction with the League Conference. It is customary for the City Council to designate a voting delegate and alternate prior to that meeting. The staff will relay the names of the voting delegate and alternate after the City Council has made the necessary decisions. J. ETIWA,'D, SPECIFIG PLAN UPDATE. Staff Report by Jack Lam. K, x16w - r ��- 6. CITY ATTORNE �S REPORTS 7. CODNCIL BUSINESS A. Discussion of Mobile Home Park Issues B. Appointments to Rancho Cucamonga Advisory Commission C. Adjustments to Planning Commission Compensation 8. ADJOU�R/IZIENT 170 171 174 180 1 1 l C4161' CI "V CF RANC,NU GDCARI191GA \6RR P Vr6 M 9 r N D C R N A A E 1)111 rl?` ACZIC&_ 1RAV'1.6r FNCV I IC. 54V ING IiE FE KCCT 16C 6I STS TV I d 56 S CIFIV . Cr G U' SES A rIST �E0 CT AARRF.1" RECCC NCMA[ 'r,ili:' 1110:L102 NTE f .AC DIS CODM F A JF NtE NET 3. )69 50 9G..G 31.00 91353.39 217A].5C 1.406.96 1.611.PT 3.206.23 640.NC 797.31 9.723.07 PAG i R867 CITY C*CRC CUCANONGA W4RR E YEN A V E N D O R N A N E WARRANT RECCNCILI•N 9101/62 RARR JOVRKAL DISCOUNT NET DATE REFERENCE 5/01182 250.00 9/01/12 93.69 9/91/92 12:152.23 S /01/22 7.695.42 3.59 5%91/92 .91 '33.00 VOUS2 s /ol /y2 s /OI /J 5.022.12 9101/92 142.03 S/01/82 5.00 9/01/92 122.33 9101182 139.64 s /01/U 450.00 5/01/92 44.00 5 /nl /R2 6.1s 9101/12 145.00 9/01142 123.00 S/31/111 59.33 9/91102 2.000.00 51111122 89.42 9/01/82 1.00 5 /ol /02 605.21 S/01/82 990.40 9/01/22 10.00 5 /Cl/d2 FINAL TOTALS 182,500.55 RAGE• 2 • COPT. He. ....Yet.Oot- AF111CATION T(I11 1NCONONC BEVER.AOE OtlN 3) To: coee, .n, N 1h.loolk E .,Doe C-ew NETN.dy Serw,f., Call. 9381 _ TM -dnynN Ali ejeol -1w U.., dahrb.d K Who- 1. TTPEISI OF LICENSEISI FILE NO. APFIlied zo, SK. }pff Q fdemn Dora. IIfCFIpI NO GEOGRAPHICAL pie IVKd 0. NAA1ff51 Of AFNICANT(S) Toole Ierml M.eR.e Co. S, LYN(b Of TRANSACTIONS) FEE LIC. YPE If .1A •` CITE CF7n, pCOC:S; f. Name el W,Im, ,r1 ' 3. lxeren of WUnn,- NVmbe. wN Shen wlontll w Dry and Ip Cod. - -_ ^ Cmnry a ^„ ,TV,t Tofu y ..0 Cllr bmin+ E. Moiling Ohl— (AGRerenr bee 31-H&I eM Se. f. Non T.v em b..n .nnd,red N A fow'? 10. No.e ym ..n riN.letl goy N Me McNV.er of rM Ak.F.M • r - -- Nrera 1. h. All An K npbNm of dr. dpernn.rrr ANY- .1 m IM All? 11 . f.plein a "YES' Dome ro Jem, IF K to en an .N,Fmem mbaA Jell N teemed per N rbit appli -Am. 12. Afopk-r W-, (el rFM eery memg.r .mpley.d in en.wl. Heeled germ will Fe, all the avaifi,a Res of p r, A.e wN IS) rhe, be vJ, mr .mlaror ,pnmr ro be vidand eny N rM pronden, of rFe AlwAdi, Nnrry. Comnl A0. 13. STATE Of CALIFORNIA Co.., of Ho- n.... 'I M 1re..• we M re„? M se e.,.- -1 A e.,.— 1 F ...u... .r .wm M1�.re:.m ww e. inwrn ..r s ^n4�� 4.Mn IL ANIICANT M SIGN MERE APPLICATION BY TRANSFEROR S. STATE Of CALIFORNIA Coot, of Den Id NameNl of Lm..rnmDl _ V. S,- ,-W of Llee sets) IC. Life... NneNdn Ip. tampon N.mbn oed S,N., City a.d I,p Code Co.., fM,\'nl lVrilr Arlmr IW, f.inn l'nr Orfnrlmrnl l'a Onln - - - -- _— _ - - -- AnKMd '" R.I.,dM o l , ^ FldKmrl poprre. r.ran COPIES MAILED .� �-.I. FmN Ind K Glfim an BK.I 11A I1 e.e K.nreemcnol, 0 !l iTric 1 [ p'fit nl CFA I:AR.FTj'� BF1A I 7i[ub � � 1 lids �J't/i[ WALL 9"9 3ncrLuc f}zr r. - n .. �IeutuA r� Faoean� J dl ��/ II'' �/ r -Ilse Jk�e w the k)nLL is LeareD eAl l -tle Llox-alvesT oo.FA/e2 yF;6&e 1.Ve I qRun R&IIiSALD UjnkAl -I#e &/# &7V l LOI/P.i. I GeimeAL Rau o Ne1611&9dWZ) C�smn�e�eisFL 'I eolpdry Cu- Mecriv goma e C7-/ ADsnceAJ Cr ve¢TES �aucD: kIM7Y, - C' -1 1�-32PD EAsr-_ A -P tout— e -1 4( F—I bUEST — 9-3 0 • • IC C�fl�'Yn nnllr•nn ` � • • ••�- APPLICATION NOR ALCOHOLIC 81VIMAGF 1 Ia Oepvrrmenl of AI[a.iol.e Bereroge Cenrrol 1 2150 SIree1 _ , Sac, --, CoIA. SESTI ' O x^1SEIILLS:lO u.n.n,r•...e .n.n=., TA. unde ... 9,m Aerebr ."S., 1., free +le, de,crrbed a, to i— 1.'(vPYPP ^[YI; CF LICENSES) ..��• y -� is iLu Applied vale. Sec, 2444 ["1 FfleUne Ov,e. %CC FILE NO. :LI SIBI�{2 PECEIF' NO • ' OEOGSAFM:CA CODE +YSS — 0.'. I„ved - 1, NAMES' OF AI T, Permit ER<nbe Ome tNy�mJb1eR UxE:.C:1D- .....'S:.I :c".a IITr•. A� A J. TYPE(SI OF TRANSACTIONS! FfE llC. TYPE AUG AC_ •MC. 2 /g73.i 6100.GG 2 aoc;: � P'G72.1 IGG.CG Iv (arn�,n. ey,ml,.: ,rite s�r..r np n.d:.p e d. en,,.„ ' • r+ __.L. ^q1 1 --•-.F ',t.v. �[ ..-. '••gN•n. (`•'4 °to ^;.f B1T +J ._ .. 11n •'7TJCItl1II2 —___ no, \'nl iv.,r,. l +r l,r,. iLn I ru.. 1' „r (o-n•nrnlr,nr 1'rr lhrM A e.1- 'ioc�.,s'f ;S:.eynrA Ccmacy r; F dvoary pvpr,r, 8/8/82 COP05 MAILED s. L «vucn of B.- es_Namb.r and S,um 1 =1 Arxr%mv UlYG. - �Hx agd zl�cvd< \p coon Y Ca.�OVy^] (1:: Ii�D ✓.7aci. TOTAL s = wJ.CG 6. If Re. Lee lk-e , ). Are Premim Inside Sbav T, .1 111 CS�GB Lip lim :CJ F. MPibnR['A,ddr<rr(IId(R rent lrvm Sl- NVmb., and - Sl,e.l mi.1':1 'SROC1 .. - At,SS:Sp w] i93°•.II P. H ... ... ..e, be- [andned vl.leI 10. 11-. e, .ml.Hd any el Th. p,.,;. -. of ,b. AI[ebeliC B...... C-d.1 Aa v ,,,1I of rb Oep. meal per 1.11ma 1. rb. All' = pre—, ni" F.— .11 he pvvli(,[vlinne v1 a 13. STATE OF CALIFORNIA C-1, vl IP2'ELRSST O Dob MCI . nuv ., .an..r.. m ,4. n. n..rl. ...u..u....r b -, ro.... a.. +r n....,w.•r .. n. ivw.r. . ��r�s 14 APpnC:NT• U'ntY'w3ID:: Z17 --Tn mm. SIGN MERE SF APPLICATION BY TRANSFEROR 5 STATE OF CALIFORNIA C—, vi :LI SIBI�{2 r ^ ,..^'17 - n(Lar••r•Y I L[ . "1 S. N'.nC.i 1B 1,1 rl, — - `^ t••• i^ .� - / ` tNy�mJb1eR _ AUG __ __7L819IY11Ui�1112EU14W16 '. Iv (arn�,n. ey,ml,.: ,rite s�r..r np n.d:.p e d. en,,.„ ' • r+ __.L. ^q1 1 --•-.F ',t.v. �[ ..-. '••gN•n. (`•'4 °to ^;.f B1T +J ._ .. 11n •'7TJCItl1II2 —___ no, \'nl iv.,r,. l +r l,r,. iLn I ru.. 1' „r (o-n•nrnlr,nr 1'rr lhrM All >,Aed e,d ^d non .. r; F dvoary pvpr,r, 8/8/82 COP05 MAILED ❑Rma.Pl Fee of Pddof .. ORme on ......... .eeu DLit � un ,m� 7! i iAu,uec Ca. 'vice Jliup 1410 /rr.kLm liui I(1R1� /id, l -.knLP L,.ocgAa, Au6 i 5,,,.: Enu <F 1u'rrl.7P.7/_ l� oN 2�f = crl(rslcc U ttie • L e CT. I • PnEr�r!L' ��,:o : �IG:u'+ �,tt:r_�uu,:L (2o9ekv Cudhl:d'iL? ZnueD e C =Aflaae1A[ SGic/rlc W, 1,0 f1tY�ACE 1111 e,ie: -r C-. Aloe iH — Ts:'- GemeiAl 1A)DRs retitL u ,'sr. r I • _r{ :.cu: ti — �, P- iirl i U Y .:u.H.unr21RL 0 - CD July 21, 1982 City Clerk, CITY OF RANCHO CUCAMONGA P.O. Box 907 Rancho Cucamonga, CA 91730 To the City of Rancho Cucamonga: U i CITY 0f Q PA"aCH :.> �i.r,Q'.i O17ih A1X"11 NISTRATF AM 71 ^r. T.e,T Kltt,i�IZT21 .pS.'pu p':. OY.It,4✓ Robert H. Behnke hereby makes claim against the City of Rancho Cucamonga for Implied Indemnity, Contribution and Declaratory Relief and makes the following statements in support of the claim: 1. Claimant's address is 1553 West Seventh Street, Apt. 110, • Upland, California. 2. Notices concerning the claim should be sent to Roberts 6 Morgan, Attorneys at Law, P.O. Box 5980, Riverside, California, 92517. 3. The date and place of the accident giving rise to this claim is Pebruary 5, 1982 at the intersection of Vincent Avenue and Jersey Avenue, City of Rancho Cucamonga, California. 4. The circumstances giving rise to this claim are as follows: An action for damages entitled Rickev L. Farmer vs. Robert H. Bchnke, County of San Bernardino Case Number CCV 27052, arising out of a vehicular collision at the above time and place has been filed; that said intersection at the time of the accident was in a dangerous condition that created a substantial risk of the type of injury all.cgn.d when the intersection was used in a manner that was reasonably forsceabl.e in that visibility was limited and there was no stop sign for northbound traffic on Vincent Avenue; that due to the dangerous conditions at and about said inter- section, said vehicular accident was caused to occur. 5. A copy of the aforementioned complaint is attached hereto • and marked Exhibit "A ". Claimant was served with said complaint on July 12, 1982. 1 RODURTS & MORGAN ATTORNEYS AT, LAW • rroxms G eucsenac.N PRA-,ER � N PRA-,ER o noanson sc ca", r,ao= ^axowlrOM mCw•nO w na,...A "r N RIVERSIOE.CALIPORNIA 92517 July 21, 1982 City Clerk, CITY OF RANCHO CUCAMONGA P.O. Box 907 Rancho Cucamonga, CA 91730 To the City of Rancho Cucamonga: U i CITY 0f Q PA"aCH :.> �i.r,Q'.i O17ih A1X"11 NISTRATF AM 71 ^r. T.e,T Kltt,i�IZT21 .pS.'pu p':. OY.It,4✓ Robert H. Behnke hereby makes claim against the City of Rancho Cucamonga for Implied Indemnity, Contribution and Declaratory Relief and makes the following statements in support of the claim: 1. Claimant's address is 1553 West Seventh Street, Apt. 110, • Upland, California. 2. Notices concerning the claim should be sent to Roberts 6 Morgan, Attorneys at Law, P.O. Box 5980, Riverside, California, 92517. 3. The date and place of the accident giving rise to this claim is Pebruary 5, 1982 at the intersection of Vincent Avenue and Jersey Avenue, City of Rancho Cucamonga, California. 4. The circumstances giving rise to this claim are as follows: An action for damages entitled Rickev L. Farmer vs. Robert H. Bchnke, County of San Bernardino Case Number CCV 27052, arising out of a vehicular collision at the above time and place has been filed; that said intersection at the time of the accident was in a dangerous condition that created a substantial risk of the type of injury all.cgn.d when the intersection was used in a manner that was reasonably forsceabl.e in that visibility was limited and there was no stop sign for northbound traffic on Vincent Avenue; that due to the dangerous conditions at and about said inter- section, said vehicular accident was caused to occur. 5. A copy of the aforementioned complaint is attached hereto • and marked Exhibit "A ". Claimant was served with said complaint on July 12, 1982. 1 City Council, City of Rancho Cucamonga Re: Behnke v. Farmer PAGE: 2 6. The names of the public employees causing the dangerous • condition are unknown. y' DATED: July 21, 1982 ROBERTY& MORGANN I BRUCE MORGAN On behalf of Chant, Robert H. Behnke BM /cae Attachment • G\q Al. '. :11in' C:V A1:un6LI ((IEVNON(NO -- [nn LOUPTUSEONLY RAMON CUME•l., A PrOfcssiu..a1 Law Corp- (714) 993 -3119 1063 la. Sixth Street:, Suite )(13 Ontario, CA 91762 Ananut +rrnllw• ^•a RICKEY L. FARMER; J_ _ uUKA r• rn o• L:I'xn cowl 1 •.( rI P"ll On •0 Sn t fmbtiv 1; 101 COURT FOR THE COUNTY 01' SAN BERNARDINO 1540 N. Mountain Avenue Ontario, CA 91762 Wt:r,T DISTEICT V\n.n Lit RICKEY L. FARMER IJ an n(rU.0 Ant ROBERT W. BENNKE, DOES I through X, inclusive SUMMONS `QgCyMIJEA NOTICE! you nave been sued. The coon may dacide {AVISO! Ulled ha side d�ejmallndado. El tribunal ponce against you without your being heard untess you respond decide contra Ud. in audisncla a menos qua Ud. ra- wigdn 30 days. Read file information below, spends dentro de 30 dills. Lea Is Inlormael6n que sigue. • It you v Oi to s1•ek the adv¢c of an aucrney in this St Usled desca sollmtar of consefo de on abogado en matler, yoq sbOu:d do so pro ^gall se that your written es!e asunto, deberla hacerlo inmedlatamenle, de esta re;pnnrr: f hy, nvy be !ded on Inne maseta, 'mu lespuesta osenta, sl hay Liguria. puede sur reglshada a bempo 1 10 THE DEFENDANT'. A clvd complaint has been filed by the. plaintiff against you. If you wish to defend Iles lawsuit, you m1151, vnihln 30 ddyS Ltler Ibis s"mmons is served on you, life With this COUrt a wnllen response to b0 complaint W16_ss you do so, your default wilt be entered On application of the plalntdf• and this court may enter a judgment against you Inn the rel!nl demanded 10 the complaint, which could result to gamghmenl of wages, IakmU of money or proparly or other relief rt:Ouesled in the complain: II 4 to32 CHi+RLEi \l: LAYMENCE AiCU � ,Clerk, By _ . Deputy (5( A[,) P. NOTICES TO THE PERSON SERVED You are served a [�] As an fJ1v1dual defendant b [_] As d".• pe,snn suad under On fictitious name of c Q On beh"If of Undv Q CCP 416 10 (Defunct hors) Q CCP 41 60 (Minor) [� CDP 416 20 (Defunct Corporation) Q f,CP 416 6 70 Incompetent) CCP 416 40 (Assoclahon or Partnership) Q CCP 416 9d (In londua0 L-1 Q Other l /-/ _ j, •� Z"' �,.wr d Q By personal}ryr9 nn (Dab:) , n:'nnn r. p'um.r m„v! Lt it 11 f, him nM1 "I'll ^. Iq aR Lan Lnn.a 1 ✓11 U1 i.pu'I n m:s111e Ly: 1 n, uni (nail rr In lee -. VmD Ipt tnU clear !I v n!I .n.t1 �i' %% 'n e.nV 1!.Irn!•1 nUl r:.lnnv ^r:ltU pY an ,illnrneY 1Ve knit wl'tri i SVmmOni :4 Ittm1D Sflrte .! L.Ir1Y •r.,�l ,A'Y :.!... r. � , :.� !I:r mne:U•1 nl 1: •r�l i' 1 r: rr.: n.l1�t vie I.CI' , I' In 11npUp" t I S M Ilrt wnr0 CUm DIAVII :ef!UUt\ (rpSS<UmYl,rlil 1"nr111 r:!in ^.r �. r.:,vv (!�rv;n,In:Anl rltlr'nri :1 : ^. v, lr., !:.v\Utln.,:j /r:l llm SnrtinF1'"CIwIPi Ike Ll:rrn. list, l,.1:N. Inn Vrpr11015trrlttl ru::n /...!rVl.J li N..!. r.a �7]] 101021 If.nmrfll wl ACI6 Uy + 2 Cnda ,Unle _ —_,.,___.J SUMMONS . 1 wail lV /p UIn uJ, Lpr l> 10 la'IOe LS ael Ne 1;01 n I " EXHIBIT "A" �. i I I +t'ACI: IIIILUW 1,'011 fl Ll V G VtANI' ONLY) ' 1 RAMON GOMEZ ATTONNry AT LAW 2 t. O. a., 170 lose W.., ;0..1. V... mm aoa ODIGI 4;' ONTAOIO, RNIA 171.1 ..1.311• O • 3 4 'IL JbjJ 19 Plaintiff $ Atbmey for co ' �� yOF O �! GE.�'NARDiNO 6 7 g IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN BERNARDINO 10 I WEST DISTRICT '1 RICK ; L. FAR +;E a ri L•y `� 11 R, ) CASE NM 12 Plaintiff, ) COMPLAINT FOR PERSONAL II ) INJURIES 13 -vs- ) l,Q II 11051i1d' W. BEIINKR. DOES 1 ) iv through X, inclusive, ) �:. • lDefendan L. I 17 Plaintiff alleges: 1 i to IS 1, Plaintiff is ignorant of the Lruc namej- and capacities I� 19i� co of defendants sued herein as DOES I through X, inclusive, and therefore 20 1i sues these defendants by such fictitious names. Plaintiff will 21, mnand Lhis complaint. Lu al lejo their true narks and capacities when �I . ^2i; ascarLained. Plaintiff is informed and believes and thereon allege( thot each of the fictitiout;ly named defendants is neg)igontly 2Q I1 responsible in some manner for the occurrences herein alleged, and ploint.ifl', injuries as herein alleged were proximately caused by .. dl; t cn(:.ln l.;:' nr,l) igence. 2. At all times horcin meat ionod defrrsdant, lofsgiz1• t-i. nclINKE, • ;•rt and DOES I Lhrounh X, inclusive, were the owners of a certain 1980 I *' i's • I iChevrolet Camaro automobile bearing California License Ho. 971 ZXA. 3. At all times herein mentioned, defendants, DOGS I through X, inclusive, were the agents and employees of defendant, ROBERT W. DLHNXE, and in doing the things herein alleged were acting within the purpose and scope of their or its agency and employment. A. At all times herein mentioned, defendants, ROBERT W. BEIINXii, and DOES I through X, inclusive were driving and operating the 1900 Chevrolet Camaro bearing California License No. 971 ZXA with to consent, permission and knowlege of each other. � 5. At all times herein mentioned, plaintiff was and is the owner of a certain 1952 Harley Davidson motorcycle bearing California Liconel, Ilo, 1.12902. 6. At all times herein mentioned, Vincent Avenue and Jersey AVUnu,: arc intersecting public streets and highways in the city of N.ulllr, Cur.amonga, County of San Bernardino, State of California and running in a northsouth and eastwest direction. 7. On or about February 5, 1902, between the hours of 10:30 and 11:00 a.tn. plaintiff was operating said motorcycle in a westbound direction of Jersey Avenue at or about the intersection o Vincent: Avenue and at said time and place, defendant, ROBERT B. (t1:I1NK!;, and DOES I through X, inclllsivc, and each of Chum, nenli- ginnt1; and carcicealy drovo, operated, controlled, and maintained, till' 197)0 Chr:vrolcl California License No. 971 ZXA in n norl.hhounll direction on Vincent Avenue so that it was caused to Il'Illd, With plaint :fi'n vehicle and to proximately cause the Iu ill)". and clamages horrin after described. :i. As n proximate renult or the negligence, carelessness, and m•.lnwfulnrss or d,�f.endantsz:, and each of them, and the resultin• (2) collision as herein alleged, plaintiff was injured in his health, str.enath and activity sustaininq injury to his body and shock and injury to his nervous system and person, rendering plaintiff sick, ' sore, lame and disabled. These injuries will result in some perma- non t disability to plaintiff, all to his general damage. 9. As a further proximate result of said negligence in said collision, plaintiff was unable to work and will be unable to work for an indefinite period of time in the future. 10. As a further proximate result of said negligence in said collision, plaintiff has been and in the future will be required to obt:lin the services o f physicians and to incurr other medical expenses in an amount unknown to plaintiff at this time. SECOND CAUSE OF ACTION 11. Plaintiff refers to paragraphs 1 through 7 of plaintiff's 'First Cause of Action and incorporates them as if fully set forth. 12. As a further proximate result of said negligence in said collision, plaintiff's motorcycle was damaged and plaintiff has sustained tho loss of the value of said motorcycle and or the cost of ruuair and the loss of use thereof. WHEREFORE, plaintiff prays judgment against defendants and each Of them as follows: .. 1. For general damages according 'to proof; 2. For all medical and incidental expenses accordinq to pronf ; 3. l'or all loss of earnings according to proof; (3) I C? 1� 2 • 3 4 G 7 G 9 10 11 12 13 14 15 • 16 ]7 18 19 20 21 22( 2J 24 25 26 27 • 2H 4. For the value of the property lost or the cost of repair according to proof; S. For the loss of use of said vehicle; 6. For cost of suit incurred herein; and, 1. For such oLhcr and further relief as the court may deem proper. DATED: June 24, 1982 Respectfully submitted, RAMOM GOMEZ A Professional Corporation RAMOM GOMEZ Attorney for Plaintiff (4) 13 a VCRIFICATION STATL 01''( Al- 11 'ORNIA, COUNTY OF I hpvr rr.iJ lh <brt<gc..ig__LOt1PLAIN'1_L''Oli .PE1LSOI11kI�2HJ1112ILS ._.. and know its contents. N CHECK APPLICABLE PARAGRAPH Q 1 am a Part) pi Ihi. ucnun. The matters stated in it are true of my own knowledge except as to those mauas which arc stated oo of ormauun and bclmf, and as to those matters I believe than to be true. I am ❑ mt Officer ❑ a partner ❑ a —Of— p", I, to II o .r:onu, uod "on mnhoroed to nsake this vcnfaea, o , for and un its behalf, and I make this vcadreation for that reason. I hasc read the foregoing document and know its contents. The matters stated in it arc true of my own knowledge except as to those matlen which arc Stated on m formal ion and hchcf, and as to those matters I believe them to be true. ❑ 1 am one of the au ern cyv for _____._.. a party to this uctron. Such party is bsat front the comity of aforesaid where such attorneys have their ufficts, and I make thin verification for and on belmif of Alai Party for that reason. I have read the foregoing document and know its contents. 1 :nn iofnrmcd and helve :oval on that ground allege than the mutters stated in it are true. I.acaurcd oo...__7unc._?4 r__ - -. —• I9_112 at— _OAY.ALin— __— California. I declare under penalu ul perjury under the laws of the State of Califurnia that the forc¢aing is true and corset. RICM Sia9EE ACKNOW I EDGMLIsT OF RLCEIPT OF DOCUMENT (other than summons and complaint) Recri"d copy of document dcscribcd as - -_ on ._— ___In_-- __— __. —_.— • PROOF 01 SERVICE BY MAIL STATL 01' CAt.11 ORNIA. COUNTY OP t I ain cniplo)cd in the county of_._ .._ —. _- I ani over the apc of IS and not a parry to the within action; my business address On.__ ____..19_, 1 sated the foregoing document described State of California. ------ in this ucnon by Plucmg a Irtte copy Iheteof enclosed in a seaid envelope with Postage thereon fully Pspaid in the United Stew mad .n addre"cd :n follows: ❑ 01Y SIAll.l I ..roved such envdupe with postage thereon fully prepaid to be placed in the United States mad at , Cahforma. ❑ 011' PI.R.90NAL 51.I0 ICI:l I caused such envelope to be deintied by hand to the offices of the addressee. Evccans•J mi.___ —.. ..__.. 19__. ate—.._ __.._, Cabfemu. ❑ ISlarcl I Acdarc undo pcnnll) of "criury under the laws of the Stale of California that the above Is true and correct. 11'cde1.0l I declare Ih.o I am cinplo)M in the office of a member of tht bar of this court at whose direction the servict was ni.ole r �..,. nms,...1 ,.a i.•� .o... — • e. 'n.. rwo. �fI . S.awwr • LJ 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (VERIFICATION — AAA, 2015.5 C C. P.) STATE OF CALIFORNIA, COUNTY OF m rhr ohow rmv /rd opion ar. pracrrdim. I have read ,hr and A non rAr ronrrnv rherca /' old I rofY that Ihr umr it vat ofmy awn know/rdtr. errrpr or ro rhmr malren vhirA arc rhrrcin ,mrrd upon me Infmmarlan w brli f and ar ,o ,Aorr mourn I Arlirw it ro hr star. Eamrrd an o, , v. . Cdi /omia I drrlmr. Yndrr prnalry of prriura, rU, ,hr forctairy it r. o.d row, PROOF OF SERVICE BY MAIL (1013.. 2015.5 C. C. P.) STATE OF CALIFORNIA. COUNTY OF I am a » ruidrm of rhr.1y frc,od. I-- -'al (Ar ar afrithrwn wn d na, apnY w rhr IN. mW1d.,1M.: my Aminat admr ., 5015 Canyon Crest Drive, 2nd Floor Rir irl C -lifor On July 22. .19 82 ,/xrwd rAr rirhN CLAIM FOR CONTRIBUTION onrhr City of Rancho rucamonaa - City Clerk m,ad anion. hr p/annq a,wr ropy 1ArnoJmrlocN In a rmfrd rme/ope wvh ponatr .Anton /Wly prcpold. In rAe Vnilyd Smp, mtl/ .r P,i ye.raide. California addrn,rd a, follow.: City Clerk, CITY OF RANCI!0 CUCAMONGA P.O. Box 807 Rancho Cucamonga, CA 91730 E wrurrJ July e� 1989 ar Ri mersidp Cd/famb / derfare . andrr prnabY of prparY. that rhr forrtaint 0 ,wr and eorrre, SItIWryw IS Carlein A. Evans 0 0 • vaa a va aa�uvvaav vu�niuviv aaz Gv^np�, MEMORANDUM DATE: September 1, 1982 F' TO: City Council and City Manager 1977 FROM: Lloyd B. Hubbs, City Enginee SUBJECT: Release of Bonds Tract 9003 - located on the north side of Banyan, west of Sapphire continued... I6 OWNER: Steven H. Sanberg 202 Fashion Lane, Suite 101 Tustin, California 92680 Cash Deposit (Monument) $1,670 Tract 9136 - located south of Banyan and west of Amethyst OWNER: Regency Estates - Alta Loma 4010 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Cash Deposit (Monument) $1,650 Tract 9137 - located on the south side of Banyan, west of Amethyst OWNER: Regency Estates - Alta Loma 4010 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Cash Deposit (Monument) $1,550 Tract 9189 - located on the east side of Sapphire south of Hillside OWI4ER: Steven H. Sanberg 202 Fashion Lane, Suite 101 Tustin, California 92680 Cash Deposit (Monument) $3,800 Tract 9409 - located on the north side of Foothill, west of Ramona OWNER: R 8 J Investors 540 South Pasadena Glendora, Calfiornia 91740 Cash Deposit (Monument) $2,500 continued... I6 City Council Staff Report Re: Bond Releases September 1, 1982 Page 2 Tract 9475 - located on the north side of Lemon, east of Haven OWNER: J. Anthony Development Corp. 10889 Wilshire Blvd., Suite 1030 Los Angeles, California 90024 Cash Deposit (Monument) $1,900 Tract 9223 - located north of Banyan Street and west of Sapphire Street OWNER: Cameo Land Co., Inc. 2950 Redhill Costa Mesa, CA 92626 Cash Deposit (Monument) $2,700 All of the project engineers for the above tracts have verified that all final monuments have been set and that they have been paid in full. The County of San Bernardino requests that City Council release these deposits. M.S. 76 -0529 - located on Hillside Road and Mayberry Avenue • OWNER: Kenneth Ketner & Assoc. Faithful Performance Bond $28,000 The street improvements have been constructed in accordance with the approved plans and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. 0. R. 78 -30 - located at 8515 Archibald Avenue OWNER: Mobile Oil Corporation 612 S. Flower Street Los Angeles, California Faithful Performance Bond $30,000 The street improvements have been constructed in accordance with the approved plans and it is recommended that the City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. P.M. 6562 - located on the southeast corner of Helms and Foothill OWNER: Praver Bros. Investments 16311 Ventura Blvd., Suite 1245 Encino, California 91316 • Labor and Material Bond $25,800 17 City Council Staff Report RE: Release of Bonds September 1, 1982 Page 3 5727 Carnelian Street North of Wilson, Permit #858 OWNER: Mr. and Mrs. Richard Harney 5727 Carnelian Street Rancho Cucamonga, CA 91701 Faithful Performance Bond: $13,100.00 The street improvements have been constructed in accordance with the approved plans and it is recommended that City Council accept said improvements and authorize the City Engineer to file a Notice of Completion. LBH:jaa • CJ 5 . f' E RESOLUTION NO. f a•IS 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STREET IMPROVEMENTS FOR MINOR SUBDIVISION 76 -0529, DIRECTOR REVIEW 78 -30 AND FOR 5727 CARNELIAN STREET WHEREAS, the construction of street improvements for Minor Subdivision 76 -0529, Director Review 78 -30 and 5727 Carnelian have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 1st day of September, 1982. AYES: NOES: • ABSENT: ATTEST: Lauren M. Wasserman, City Clerk J V/ Jon D. Mikels, Mayor 0 X00 ?a *:x F Q'=S:'EC 3•. CITY OF RANCHO CPCVIONGA Post Office Bost 907 Rancho Cucamonga. California 91-130 NNEY REC0it0E0 :iiIL TO: CITY CLERK CITY OF r V:CitO CUCNM;Gd post Office Bo..307 Rancho Cucamonca, California 91730 NOTICE Or COMPLCTION NOTICE I5 HEREBY GIV£N THAT: 1. no undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which Interest or estate is: Mhar Subdivision 76 -0529 2. The full name and address of the undersigned owner is: • CITY OF RANCHO CO(.MONGA, 9330 -C Baseline Road, Post Office Box 807, Ranc...c Cucamonga, California 91730. 3. on the 1st day of September , 1982 , there was ccm- pletod on the hereinafter described real property the work of im- provement set forth in the contract doc=ents for Minor Subdivision 76 -0529 • 4. The name of the original contractor for the work of im- provement as a whole was Kenneth Ketner A Assoc. , 5. The real property referred to herein is Situated in the City of Rancho Cucamonga, County of San Bernardino, California, env is descrilond as follows: Minor Subdivision 76 -0529 Ti.c 5troWL oddross of said propo:'L;' is: N/A CIT'i OF R.\::, ^,a0 =A E)::Gd, a x'cn :a +Pal cnr;:nr:tion, a:wnar 4r01 Lloyd B. Nubbs- (1't:1,'1 City Engineer 0 RECC2DINdd ? -C -5= ur CITY OF R1::CHO CCC.X0 =). Post Offica cos 807 Rancho C ... r.onga, Ca lifora is 91730 I WHEN RECORDED Y_ \IL TO CITY CLRRE C:TY OE F=X:tO CUCA••:ONG.I Post Office Dor'807 Rancho Ccc3=nc3, California 917:0 NOTICE IS HEREBY GI'✓EN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate in: D. R. 78 -30 2. The full nave and address of the undersigned owner is: • CITY OF WXCHO CUC.VIOVGA, 9320 -C Baseline Road, Post Office NO, 807, Rancho Cucamonga, California 91730. 3. On the 1st day of Septewber , 1982, there was de- pleted on the herein..... described real property the work of im- provement set forth in the Contract documents for Director Review 78-30 e. The name of the original contractor for the work of im- provement as a whole was Mobile Oil Corporation S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: O. R. 78.30 The ntt..t address of said property is: 8515 Archibald DATCD: , 19 . CITY OF P=CiiC CCCf:YC::';fy a BY: • U6:r v L GYd B• Hubbs (Titl'_) City Engineer t :u jr -1- C'_TY OF RANCHO CCCAP:OROA 9. The nane of the original contractor for the work of in- precement as a whole was John Boa Construction S. The real property referred to herein is situated in the City of Rancho Cucamonga, county of San Bernardino, California, and is described as follows: $727 Carnelian Street North of Nilson The street address of said property is: DATCD: , 19 . CITY Or R,44CIO CDC:.:IC::'.'l, a cu n:c ln.al corporatlon. C:.m, • CY: R:nrol t N h 'Y VA 1 Poor Office Box 807 i Rancho Cucax,,a, Califoza is 91730 MER RECORDED ?NIL TO: CITY CLERK CITY OF R,C:C11O CDCA40NGA Post Office Box-807 Rancho Cuoaacnca, California 91730 NOTICE OF CC }IPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the estate of whit.!: interest or estate is. 5727 Carnelian Street 2. The full name and address of the undersigned owner is: • CITY OF =XFO CUCT ONGA, 9320 -C Baseline Road, Post Office Bo:: 507, Rancho Cucamonga, California 91730. 3. On the 29th day of July , 1502, there was cprr plated on the hereinafter described real property the wor:a of im- prpcerent set forth in the contract documents for 5727 Carnelian Street 9. The nane of the original contractor for the work of in- precement as a whole was John Boa Construction S. The real property referred to herein is situated in the City of Rancho Cucamonga, county of San Bernardino, California, and is described as follows: $727 Carnelian Street North of Nilson The street address of said property is: DATCD: , 19 . CITY Or R,44CIO CDC:.:IC::'.'l, a cu n:c ln.al corporatlon. C:.m, • CY: R:nrol t N h 'Y VA 1 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Agreement for Construction Management Services Assessment District 82 -1 Attached for Council approval and execution is an agreement with Willdan Associates for construction management assistance for Assessment District 82 -1. The contract is time and materials with a not to exceed value of $32,000. As you know, Willdan acted as project manager through design of the District and was in charge of plan checking. This contract allows us to utilize their services in plan interpretation, review of change orders, preparation of as- built plans, review of progress estimates and further consultation on assessment district law and procedures. Funds are also included to allow consultation with the design engineers on the project working through Willdan. RECOMMENDATION It is recommended that Council approve the agreement with Willdan Associates to assit in contruction management for Assessment District 82 -1 and authorize the Mayor to execute on their behalf. Respectfully submitted, LBH:jaa Attachment • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered iota this _day of 1982, by and between the City of Rancho Cucamonga, a municipal corporation located in the Slate of California, County of San Bernardino. hereinafter re- ferred to as "CITY" and Willdan Associates. Consulting Civil Engineers, with offices located at 155 Hospitality Lane, Suite 110, San Bernardi., California, hereinafter referred to as "ENGINEER ". W ITN E S S ET H: larly rlrscrthed as (allows: Oil WHEREAS, CITY has formed Assessment District 82 -1 for the purchase of certain properties and the Installation of certain public improvements in con- nection with certain Industrial uses: and WHEREAS, to accomplish said district, contract documents, plans and specifications have been prepared for construction and bids therefor are to be Osolicited from tlualified contractors and; WHEREAS, to accomplish said district CITY will require engineering assistance to implement the bidding and construction phase of the proposed im- Provemonls as shown on the plans entitled "Assessment District 92 -1, 6th Street Industrial Area" approved March 12, 1982; and WHEREAS, said engineering assistance is to include certain construction management tasks; and WHEREAS, ENGINEER is knowledgable in construction management, de- sign and assessment district prat Mures, has experience in providing such servic, to industrial development similar to Alto Street Industrial Park, and has a number of relevant capabilities necessary for implementing said serv- ceS: NOW. THEREFORE, in consideralmn of the covenants and conditions herrmabove contained, the parties hereto agree as follows: CITY dnps hereby retain ENGINEER in a contract capacity and ENGINEER sh.11l perform certain functions of fanOruclion management. as more partleu- larly rlrscrthed as (allows: Oil A. CONSTRUCTION MANAGEMENT Construction management Includes those services necessary to pro,ldo • management and coordination among persons accomplishing the work. Services will include the following for the project: t. Assist the CT' In securing bids, analysis of bld results and furnishing recommendations on the award of the construction as contract. 7. Assist the Assessment ENGINEER in adjusting construction cost figures for respreading purposes. a. Assist the CITY in obtaining all permits and licenses required to Implement construction of proposed improvements. h. Assist the CITY In preparing any change orders necessary when modification to the construction contract is necessary. S. Prepare, on a regular and periodic basis, estimates of construe- than progress, based an Information supplied by CITY Inspection forces, for the CITY'S use In making progress payments to the • contractor. 6. Assist the CITY in preparing aAS- BUILT^ plans for the project during the construction period, based on Information supplied by CITY Inspection forces. 7. Assist the CITY In processing shop drawings submitted by the contractor, and review Inspections, soils and survey reports. B. COMPENSATION 1. Inasmuch as the scope of the work to be performed by ENGINEER consists of establishing the work to be accomplished, it would not be practical to fix fees on such services in advance of know- ing the extent of the work to no dnor. To limit the obligations under the terms of this contract, however, ENGINEER sets forth below certain maximums for porlions of such work which shall not be exceeded without separate aulhorirallon from CITY. No work will be undertaken on those items for which a fro Is not set forth herein without separate authorisation from CITY. • as d 1� I. For the services to be performed herminder, ENGINEER shall he • compensated on a per diem basis at the hourly rates set forth In Exhibit "A ", Fee Schedule, attached hereto and by reference in- corporated herein and made a part hereof. 3. Unless separately authorized by CITY, compensation for the varl- ous work Items shalt be as follows: a. For services set forth in Section A, "Construction Manage - mente, shall be a fee not to exceed 533,000. R. PAYMENT OF COMPENSATION: Charges shall be billed monthly to CITY and payment by CITY shall be made within a reasonable period of time. Invoices shall include billing for labor charges and outside direct costs incurred by ENGINEER during each month for services rendered to CITY in conformance with this Agreement. C. RESPONSIBILITY OF ENGINEER The ENGINEER Is employed to render a professional Service only, and • it eery payment made to It is compensation solely for such services as may render and recommendations it may make In carrying out the work. The ENGINEER makes no warranty, either expressed or Implied, as to Its findings, opinions, recommendations, factual presentations or pro- fessional adxlce other than they were promulgated after following a practice usual to the engineering profession. D. INSTRUCTION TO ENGINEERS In the performance of the efforts set forth in this contract. ENGINEER shall report l0 and receive instructions from the CITY'S engineer or such other person or officer which CITY or CITY'S engineer may des - Ignate. E. TERMINATION 1. CITY reserves and has the right and privilege of cancelling, suspending, or abandoning the execution of all or any work In connretlon with this Agreement at any time upon written notice M ENGINEER. d 1� 3. In the event of termination, all finished or unfinished da la, • stu Iles, maps and reports prepared by ENGINEER, shall at the option of CITY, become CITY'S properly. g. In the event of termination. CITY shall pay ENGINEER for all serv- ices performed and all expenses incurred to date of termination of this Agreement on a time and materials basis in accordance with ENGINEER'S standard billing rates set forth in Exhibit "A" attached hereto. F. ANNUAL COST INCREASES As stipulated on Exhibit "A ", ENGINEER'S Fee Schedule. ENGINEER'S hourly rates are subject to increase on August Ist of each year. Maxi- mum fee limits as stipulated in Section B, Compensation, take thin ac- count projected increases as of August 1. 1901. If, however, ENGINEER is requested to provide service In CITY, in conformance with this Agree- ment, after January 31, 1981, Engineer reserves the right to renegoliale upper fee limits with CITY W cover increases in cost after January J1, • 1981, and all subsequent August 1st dales until such time Agrme. mt is fulfilled or mutually terminated. O. SCHEDULE The execution of this Agreement by the parties hereto shall constitute an authorisation to proceed whereupon ENGINEER will commence Imme- diately on the required work. IN WITNESS WHEREOF, said parties have executed this Agreement on the date first hereinabove written. CITY OF RANCHO CUCAMONGA WILLDAN ASSOCIATES a munir.ipal corporation a Califnrnia corporation Mayor Vincent M. Frasca Vice president • Atlnsl: CiIY Clerk a7 • • • EXHIBIT "A" FEE SCHEDULE August 1, 1982 Our hourly wage rates are as follows: CLASSIFICATION FEE RATE PER HOUR Prinupal Engineer i 68.00 Division Manager 56.00 Project Manager 52.00 Senior Project Engineer 50.00 Project Engineer 44.00 Design Engineer 36.00 Senior Designer 41.00 Designer 30.00 Senior Draftsperson 35.50 Draftsperson 28.00 Junior Draftsperson 21.00 Real Property Agent 48.00 Assistant Real Property Agent 40.00 Real Property Technician 21.00 Computer Analyst 30.00 Survey Analyst /Sr. Computer Analyst 43.00 Construction Observer 35.00 Delivery 20.00 Field Coordination 53.00 Party Chief 50.00 Two -Man Field Party 95.00 Three -Man Field Party 140.1%1 Four -Man Field Party 175.00 The above schedule is for straight time, Overtime will be charged at 1.25 times the standard hourly rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates. It should be noted that the foregoing wage rates are effective through January 31, 1983. The rates may be adjusted after that date to compensate far labor adjustments and other increases in labor costs. L� u L I TTV OLD DATir ITO rTir A MAN!('A STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cots, Associate Civil Engineer �� C9 / O ci; d SUBJECT: Request for Authorization to Seek Bids for the Construction of Hillside Road Improvements, Phase I &Yh Associated Engineers, the firm awarded the contract for design services, is approaching completion of the final design plans and specifications for the improvement of Hillside Road, Phase I. These plans call for the reconstruction /widening of and drainage improvements for Hillside Road between Amethyst and Sapphire Streets, excluding the Heritage Park area. Construction will likely begin early to mid - October. Phase 2 of this project would construct full street improvements on Hillside Road adjacent to Heritage Park and reconstruct Beryl Street from Hillside Road to existing improve- ments south of Manzanita Drive. Although Phase 2 is under design, no construction date has been scheduled. Current estimates for Phase 1 and 2 are $120,000 and $60,000 respectively. Expenditures to date for Phase 1 and 2 jointly are $41,000.00. RECOMMENDATION It is recommended that City Council authorize the Engineering Staff to seek bids for the construction of Hillside Road Improvements, Phase I upon completion of final design plans and specifications for said phase. Respectfully su itted, LBH:RC:jas aq • CITY OF RANCHO CUCAMONGA STAFF REPORT F_ DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Acceptance of Extension Agreement for Director Review 79 -06 - Fredricks Development Corporation Fredricks Development Corporation has submitted the attached improvement extension agreement to extend the length of time to construct the off -site improvements for their development located on the northside of 19th Street at Ramona Avenue. This development was approved by the Planning Commission on August 27, 1980 for the construction of a 200 -unit apartment complex. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the improvement extension agreement and authorizing the City Clerk and Mayor to sign same. Respectfully submitted, LBI:BK jaa Attachments 30 • RESOLUTION NO. QJ-ISdt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT FOR DIRECTOR REVIEW NO. 79 -06 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Extension Improvement Agreement executed on September 1, 1982 by Fredricks 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 Ramona Avenue and 19th Street; and WHEREAS, the installation of such improvements, described in said Extension 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 Extension 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 Extension Improvement Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Extension Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 1st day of September, 1982, AYES: NOES: ` ABSENT: ATTEST: Lauren ;I. lJasserman, City Clerk 3I Jon D. tlikels,Mayor • l 0 --------- -- �7 Gr .!T ( x ;', C11 l 1 Y t i t le; 01: RANCI 10 C(�'CAN IONGA TT It 79-06 ENGINFERING DIVISION wi page z � FREDRICKS DEVELOPMENT CORPORATION 9 BROOKHOLLOW DRIVE • SANTA ANA, CALIFORNIA 92705 • (7141 549 -4877 MAILING ADORES& P.O. BOA 4158. SANTA ANA, CALIFORNIA 92702 • July 29, 1982 Lloyd Hubbs City Engineer City of Rancho Cucamonga 9320 Baseline, Suite C Rancho Cucamonga, CA 91730 RE: Time extension of improvement agreement for Fredricks Development 200 unit apartment project !Director Review 79 -06) Dear Mr. Hubbs: Enclosed please find our check of $251.00 for renewal • of the offsite improvement agreement between Fredricks Development and the City for our project located on the N.W. corner of 19th Street and Ramona. According to our records this agreement lapsed on 7/23,82 and we would appreciate your assistance in renewing this agreement. Thank you for your cooperation and if there are any questions or comments, please contact me. Sincerely, David W. Graf Project Manager Fredericks Development Corporation DWG:g enclosure • 33 A SU881DIARY OF PACIFIC LIGHTING CORPORATION • CITY OF RANCHO CUCANONOA IMPROVEMENT EXTENSION AGREEMENT FOR DIRECTOR REVIEW 79 -06 MOW ALL MEN BY THESE PRESENTS; That this agreement is node and entered into, in conformance with the provisions of the Subdivision Map Act of the City of Rancho Cucamonga, California, a municipal corporation, by and between the said City, herein- after referred to as the City, and Fredricks Development Corporation hereinafter referred to as the Developer. WITNESSETH: THAT, WHEREAS, said Developer entered into an improvement agreement wit the City as a requisite to issuance of Building Permits, and WHEREAS, said Developer desires an extension of time to corplete the terra of the said improvement agreement. NOW, THEREFORE, it is hereby agreed by the City and by said Ceveloper as follows: 1. The completion date of the terms Of the said improvement agreenent is hereby extended for a period of 12 months from the date of expiration of the said agreement. 2. Increase in improvement securities to reflect current improvement costs shall be furnisned by the developer with this agreement and shall be approved by [Pe City Attorney. 3. The required bond and the additional principal amounts thereof are set forth on Page 2 of this agreement. • 4. All other terms and conditions of the said improvement agreement shall remain the same. As evidence of understanding the provisions contained herein, and of intent to comply with sane, the Developer has submitted the below described imprc%e—ent security, and has affixed his signature hereto: FAITHFUL PERFORMANCC 8040 Description: Additional Principal Amount: No additional See attached Surety: Address: MATERIAL AND LABOR BOND Description: Additional Principal Amount: NO additional See attached Surety: Address; 1 ,. ,., nu,�r „� 1101tI5 YYxr1ER bunt; $6.800.00 YL1LC C'. 31l! Asc C ` ... .. ., uWnt •.......ru.u. .., ....� ...� �.... i.,, -.. . ...�.,r..r .�. .... ,• „' elooment Corp. • .... ^ T OF FT, IA I, SSAt a ' x at111 Vtl )'I >Q^ F p..A,C bnlirf [' jtuYC nuSt L^ wn�nih A9 29, 19M,. Ifabul n S6,1- Ti 7-c I= Cin, 0- C..'umc:.o ---Ix,Q lr� C93-,7.C-.Z ':D -S71 m 01:181 rMIRT No. Col::711= ;, R. XrW File p.eferce O.R. 79-06 Ci,-.- Drr,m, 4., 7410 NOT7 w We, Eu111ni f— 6or scc ,t E, .enE d.m EiE, CO3NSTq'=CN' COST ESTIXWE TT c" I T :I - C CCGT I cos. .S 4.155. ^0 TOTdL UNIM,71ON COSTS 63,000.00 FAITIM:1. IA):;() (100'.) 63,000.1^0 L%I.IX "!.rl (30:.) 31.500.00 . '7:":: F". 2,960.CD DZ t, 1: ) f J960 7.71, I )'.i' (CA';II) .0- uh S. F. 1. �j YXXAXAIXIAUIw X !1 .r00 20."— 0W "I i3l) t—` t wh.ei Cll ,r Ramos u. 'I'Lu ;oLod Ri1en8a-1, mp L. aupr L I CC , Ao L F 74- o 0 G F . 55.00 4.460.1 . P 3 L 5U.Cu JUOC,on Str I Er. 30,10.00 3 0u u W-- z,ro, Cn:;ST::iCTION COST CCGT I cos. .S 4.155. ^0 TOTdL UNIM,71ON COSTS 63,000.00 FAITIM:1. IA):;() (100'.) 63,000.1^0 L%I.IX "!.rl (30:.) 31.500.00 . '7:":: F". 2,960.CD DZ t, 1: ) 7.71, I )'.i' (CA';II) .0- 0 • • CITY OF RANCHO CUCAMONGA STAFF REPORT 6 DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Butts, City Engineer BY: Barbara Krall, Engineering Technician � G�cA.>7gti c� z 1977 SUBJECT: Acceptance of Bonds and Agreement for Minor Development Review 82 -01 Minor Development Review 82 -01 was approved on March 29, 1982 for the addition of a 3,254 sq. ft. building located at 8814 Industrial Lane. Goodyear Rubber Company has submitted the attached bonds and agree- ment to guarantee the installation of required landscaping improve- ments. • It is recommended that City Council adopt the attached resolution accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign same. Respectfully submitted, :BK: jaa Attachments F-1 �o • RESOLUTION N0, fi�-�5; ° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR HINOR DIRECTOR REVIEW NO. 82 -01 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on September 1, 1982 by Goodyear Rubber Company as developer, for the improvement of public right -of -way adjacent to the real property specifi- cally described therein, and generally located at 8814 Industrial Lane; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Minor Director Review No. 82 -01; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improverent 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 1st day of September, 1982. AYES: NOES: ABSENT: ATTEST: Lauren M. rlassernian, City Jerk 0 Jon D. M kels, Mayor 0 • V. 11977 title; FY OF RANCI 10 CUCAN IONGA Minnr I ment R( No. 82. ENGINEERING DIVISION VICINITY MAP N page 0 P..1 5 144 A_ 11 13nl Po, E. I I ROJECT SITE k I- T-H` 411W co V. 11977 title; FY OF RANCI 10 CUCAN IONGA Minnr I ment R( No. 82. ENGINEERING DIVISION VICINITY MAP N page CIT'i OF RANCI:O CDCAVONIA IMPROVEMENT AGREEY.EST KNOW ALL MEN By THESE PRESENTS: That this agreement i made and entered into, in conformance with the o visions of tae Xur,.cipai Cade and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to a s the City, by and between said City and Goodyear Rubber Company of Southern California hereinafter referred to as the Developer. WITeESSETII : THAT, WHEREAS, pursuant to said Code, Developer has requested approval by the City of Minor Development Renew So. 82 -01, in accordance with the provisions of the report of the Community Development Director thereon, and any amendments thereto; located at 9814 Industrial Lane; and 2. The term of this agreement shall be three years, cemmencrnq on the dare of execution hereof by the City. This agreement shall be in default on the day following the lase day of the le, stipulated, unless said term has been extended as hereinditer provided. 3. The Developer may request additional tine in whr:b to complete the provisions of this agreement, in writing not Ies:. t:,u fqi m•ks urior to the default date, and including a stat ... ot of cir'cumutances of necessity for adainiunal time. In ecnsid ar.a inn of such ro,unat, the City reserves the riqht to review the provisions hereol. including construction standards, cost estimate, and sutficucnc•; of the improvement security, and to require adjustments then,to when wnrrantnd by substantial changes therein. • 4. If the Developer fails or neglects to comply with the provrsrons of this agreement, the City shall have the right it an timu to c e said provisions to be Completed by any lawful me.ms, nod thereupon to recover from said Developer and /or his Surety the toll ,not and expense incurred in _,o doing. 3 WHEREAS, the City has established certain requirements to be met by said developer prior to granting the final approval of ..•i development; and WHEREAS, the execution of this agreement and posti,-•,a of improvement security as hereinafter cited, and approved by the City' Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval. NOW, THEREFORE, it is hereby agreed by and between the Cit, and the Developer as follows: • 1. The developer hereby agrees to construct at developer's expense all improvements described on pane 3 hereof within tho specified time, as follows: (a) A six -foot high chain link fence with slat: is to be constructed around the storage area in conjunction with the eucfosuro of the building addition. (b) Within one year from the date of approval of Meer Development Review 82 -01, a five -foot wide planter is to be conscructu,i along the outsiue of tha 4enco along Industrial Boulevard and plonted With Oleander (minimum 5 gallon size, planted 4 feet on center!. (c) Within three years from the date of approval of Minor Development Review 82 -01, a five-foot wide planter is to be constructed adjacent to the property line along Industrial Boulevard, between the two northern best driveway approaches and planted with Eucalyptus trees (minimum 15 gallon sire planted 20 feet on contort. 2. The term of this agreement shall be three years, cemmencrnq on the dare of execution hereof by the City. This agreement shall be in default on the day following the lase day of the le, stipulated, unless said term has been extended as hereinditer provided. 3. The Developer may request additional tine in whr:b to complete the provisions of this agreement, in writing not Ies:. t:,u fqi m•ks urior to the default date, and including a stat ... ot of cir'cumutances of necessity for adainiunal time. In ecnsid ar.a inn of such ro,unat, the City reserves the riqht to review the provisions hereol. including construction standards, cost estimate, and sutficucnc•; of the improvement security, and to require adjustments then,to when wnrrantnd by substantial changes therein. • 4. If the Developer fails or neglects to comply with the provrsrons of this agreement, the City shall have the right it an timu to c e said provisions to be Completed by any lawful me.ms, nod thereupon to recover from said Developer and /or his Surety the toll ,not and expense incurred in _,o doing. 3 5. Encroachment permits shall be obcai,ied be thu Developer• from the office of the City Engineer prior to start of any work the public right -o`. -way, and the developer shall conduct sucn Ilk in full Compliance with the regulations contained th.1cin. See- compliance Pay result in stopping of the work by the City, and assessment at the penalties provided. 6. Public tight -of -way improvotaent work required shall be constructed in conformance with approved i.r,provement plans, Standard Specifications, and Standard Drawings and any special ac.endments thereto. Construction shall include any transitions and /or ocher incidental work deemed necessary for drainage or public safety. ]. Work done within existing streets shall be dilieencly pursued to completion; the City shall have the right to compivte a 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 removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the Cit; :: 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 on the adjacent property or within said right- of-• -ay. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director, 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be sub) i-t 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 SUBMITTED: Faithful Performance Bond $5,600.JJ Material and Labor Bond $2,800.00 IN WITNESS HEREOF, the parties hereto have caused these presents to be ,.uly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures: DEVELOPER BY :N,nvw� DATE:_% BY: e DATE; -jT /Y✓ WITNESS : DATE: CITY D, M.NCHO CUCAMONGA, CALIFORNIA ^� Sees, �CALIf0RNL1 ~� 79th J_ uly 9_2 Dorms me rar al _19_'te bre me.'. c,,.nty or SAN OEIHARDJ'!0 (11, MAR( L, FWRRISO'I /// me undnrogned Notary Public. Personally evesereO E. A. SEARS and L. R. SEARS Pr..nn m, 1 on the toss W sapel,ucry ev d =nte t, be me le"I"l5l he I'll men 111 .,min mnmmen, m _ OF FICIAl. SF, /, I, g ^con a,t of tNe carooralron mer �j}t;_� LU n^y 11,1061"5(:4 ^amrn and...... i dge0,0'nn".I the cP....anon mewl odd L i! ea ru. ov am �Pa ,. wnwi WITNESS m, can ^,n ^d.@Ual sea, III Sµ RANe.I,a 11 nor. rr o 1:0 D Du N ll> yo Na..,.;,., , a bnn.l .ln+on lv: it n'�a nv r u..r n. ,., .�.e. Rn 1.1 10 r. anM F Br4A NO: SCI 709 74 49 P"EMIL^': $105.00 FAITH"UL FE:RFOFMi,MU SIND WHEREAS, the City Council of the C ty of Rancho C "..1ronga, St:.1a of Califovnia, and HASnLD y 6 nnNNA D= SEA ^.E ( hereinafter designated a ^prl rev pal'1 tic ve unterec vn tin to an mreemen where., principai agrees to install antl complete certain desig na rod public Irpro ... snts, which said agreement, dated MAy ?p 1982, and identified as protect Minor ecvelopment Review 8 1 w- hereby referred to and made a part hereof; and WH ERF.AS, said prinlcpal is required under t'ne tens c xai3 agreement to furnish a bond for the faithful yu,io,manro of .,I, agreement. NOW, THEREFORE, we the o _ cipal and PAE'AN'S FCCO I>SL,A_CF. COMPANY sr surety, art heldheld and f bound u n�c cheCvty of Rancho Cuca mo nqa (hereinafter called "Cite "1,iin the Rural sum of Fivn Thousand - Six hundred and 00'10) Dollars money oi'eho u`nlc3 sea`ees -,one --- of which sum well and truly to be made, ve bind ourselves, our hev•rs.' successors, executors and administrators, lolntly and severall,, .irmiy by these presents. The condition of this obligation is such that if tlh.e above bounded principal, his or its heirs, exenieor s, ad mvnistra cprs, successors or assigns, shall in all thin(,, stand to and ,lbld.' b , and well and truly keep and perform the covenants, conditions and p:avisunu; in the said agreement and any alteration tIneroof made as thcn:rn • provided, on his or their part, to be kept and oerformed at the time and in the manner therein specified, and in all respects 1ccQrdinq to their true indent and meaning, and shall lndennify and save harmless t'i1•'. its ofrl_rra, anent, and employees. as therein stipuiatod, than Lhir. nbligatiou shall become null and void: otherwise, it s,ra,v in mla rem nn 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 1ncluJ r,i Costs and reasonable expenses and fees, including reasonable attc,, 'a fees, incurred by City in successfully enforcing such oblieah uon, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no chance, ex. tension of time, alteration or addition to the terms of the aareemont or to the work to be performed thereunder or the specifications )Cgompon} the same shall in anywise affect its obligations on this bond, and is does hereby waive notice of any such change, extension of time, alturatvo or addition to the terms of the agreement or to the work or to the spccificati,,u , IN WI'rN4SS WHEREOF, thls instrument :fas been doly + rutc, the principal and surety above named, on 'AY 21 _ - x199:, 0 STATI.. 111 CAi.TFVF:ItK C11; Nly nP LOS HNr•r LES ]602r] - 5 -1,5 on ,a -r.ft Javof MAV ,,n •,elotl9 82 a rvncur rich m,e sJ Inr uni Counq .,.A Sure, prwnalh ap <rmd V. E. £IEY _ boron m n: r.+ 1. r'. oa�e nmm n r.,J.wrdnl m de wn6m ,n.,umem a .oA ll:t.n,rr h ,n.:•nnn1: rr l ,AXill']I r 1`. A1:x.1 I't v. 'A.A f 1.11 w1. t :.v1^rall 1 11 d 1 IIRIlla.N iVl' \PIT +L'R. \NCh.<ON. IN 1, .I P:Id O IIILI J I' r, I I'l J nr Frml rnJ nm.J rn "rurJv t..r.q "I'll, m ur.l 4 a ry J vruc r,m :b. +„J , % n�.nurz I:m ilwe .nvrr•. '1 Mr r,.m„r,nTa r.ren BOND ':D: 5CR 209 24 49 Migt% INCLUDES IN FEL'Oa,ANCE B9Nf • LAHCR AND XATEair16>IF.9 :ICNO WHFRFAS, the City Council of the cat of Ranche :, ,r; :..;.r, State of California, and yyyDy_• >- .RruYr�O, S_A?5 __ Ihcrovnafter designated as "pa ncvpa l") have e-tered into u`ni whereby principal agrees to install and complete certain desv,:ru cod public improvements, which said Agreement, dated I Is and identified as protect Minor Development Revvcw d1 -31, is lie :eb; referred to and made a part hereof: and WPF.REAS, under the terms of said agreement, principal is red before enterinq upon the performance of the work, to file a good and sufficient payment bond with the Cit. of Rancho Cucamonga t.. secure the claims to which reference is made in Title 13 (chm;anuanu with Section 3082) of Part 4 of Division 3 of the Ci,! Code art L.._ state of California. NON, THEREFORE, said principal and the undersigned is n Irporate surety, are held firmly bound unto the City of Rancho C canun.;a and all contractors, subcontractors, laborers, material en and othor persons employed in the performance of the aforesaid aq^ecmenn ari referred to in the aforesaid Code of Civil Procedvte in the sum. c^ - Two Thousand - Fight Hundred and 00 /100 Do lairs 152,900. —O61 TmacerialS iurnishad oiTa� [he �eonny 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 hereanabove set forth, and also in case suit is brought upon this band will pay in addition to the fame amount thereof, costs and reasonable expenses and fees, includ ins • reasonable fees, incurred by City in successfully enforcing such .blwation, to be awarded and fixed by the court, and to be taxed as rn. od -d in the iud,oe,t therein rendered. it Is hereby expressly stipulated and strand that this 1•on.l ,ball inure to the benefit of any and ;,11 persons, companies, , ra corporations entitled to file claims under Title 15 (commichil., with Section 3082) of Part 4 of Division 3 of the Civil Code, so is to a we 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, Chen this obligation shall become null and void, otherwise it shall be anal remain ,, full force and effect. The surety hereby stipulates and agrees that no change, ex- tension of time, alcnrition or addition to the terms of as id agreement or the specifications accompanying the same shall in an" manner affect its obligations on this band, and it does hereby waive ;.base of ncch eYnrna ^x ee ns io n, alteration or addition. IN wtTNESS WHEREOF, this instrument has been duly exr,,O o h, the principal and surety awve name[, .,r PAY l STATII tll Ey : :'CFIaL _ ., _ I n COUNTY OI' LOS gumVLES ' Onddr 2 xt Jar al Ysv 8) in lire )Orr 19 kfurc me NRi NIr; M !'I r,caraernnr.c.nvn.I br vrd tl„nry nd 5ue, p;twndir rppcuN ._ , 1 C. E. My _ .UU mnn r, le ie 1U"V,\ \SIt Ill \'N rIL \ \(r l' t'MV%\YrrrnJ n 1nnvl• 1411d 1-1 11 n.n l�r edam nhd r6e ,Iv IINI MAN G^t \U ... ..._.. r., N r;r,,,r urine rpe 114" tiern.\hu.t.oa I \v lTN1 11 vIII K 11 1 nry e, \ .< I( /* % nil 1(aunty and yn rdrvnJ x I Jmya. ,6a1r,mt 1� ,i t -n vWrr nnen. Mt enmmmnn op en .... 360207 - 5 -66 G/ n 46 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Base Line Reconstruction Project Base Line Road from Carnelian west to City Limits bordered by west side of Carnelip- to east City Limits of Upland has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve acceptance of the project and authorize the City Engineer to file a Notice of Completion with the County Recorder and release performance surety and retention. RECOMMENDATION It is recommended that Council accept as complete the Base Line Reconstruction Project and authorize the City Engineer to file the Notice of Completion and release the Faithful Performance and Labor 6 Material Bonds and retention. Respectfully suomitted, Attachments ?1 • RESOLUTION NO. Q.� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCflI CUCAMONGA, CALIFORNIA, ACCEPTING BASE LINE RECONSTRUCTION FROM CARNELIAN STREET TO THE WEST CITY LIMITS WHEREAS, the reconstruction of Base Line from Carnelian Street to the West City Li.aits has been completed to the satis- faction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete; NOW, THEREFORE, BE IT RESOLVED, that the work is hereby accepted and t;:e City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED and ADOPTED this 1st day of September, 1982. AYES: • NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk u yY Jon D. Mikels, Mayor • RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA Post Office Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAIONGA Past Office Be. 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: BASE LINE RECONSTRUCTION 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAfONGA, 9320 -C Baseline Road, Post Office Box 807, Rancho Cucamonga, California 91730. 3. On the 1Btlday of August 1982, there was com- pleted on the hereinafter described real property the work of im- provement set forth in the contract documents for BASE LINE RECONSTRUCTION 4. The name of the original contractor for the work of im- provement as a whole was Fontana Paving, INC. 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Base Line Road from Carnelian Street to the West City Limits The street address of said property is: DATED: , 19 . CITY OF R,kNCHO CUCAMOUGi,, a municipal corporation, Owner BY: (,mcl (Ti cl el 0 STATE OF CALIFORNIA ) • sa: COLNTY OF SAN BERNARDINO I The undersigned, being first duly sworn, says: That the undersign A has read the forecoing ):otice of Completion and knows the contents thereof, and that the same is true of the undersigned's own knowledge. (Nan.) (Title) Subscribed and sworn to before me this day of 19 . (Name) Notary Public in and for said County and State • _Z_ • <'e • u • ...,.,.. �n n • 1111tH 1,11 ♦ 1.1111 � STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Jr. Asst. Civil Engineer O C 2 l ^ c ai F- U UI SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for 8218 Ninth Street Mr. Burt Chisum, property owner, has applied for a building permit to construct a dwelling unit on the property located at 8218 Ninth Street, a public street. As a prerequisite to issuance of building permit as established by City Council Ordinance No. 58, the construction of public improve- ments such as curb, gutter, sidewalk and street paving shall be required. Mr. Chisum has entered into a Real Property Improvement Contract and Lien Agreement on said property to provide the required street improvements. In addition, Mr. Chisum has agreed to complete the required street improvements prior to occupancy. RECOMMENDATION It is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to accept and sign the Lien Agreement on behalf of the City. Res p ectfully submitted, V �r / $BE is.3" Attachments y7 i • RESOLUTION N0. S.P- I `' S .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BURT CHISUM AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public right -of -way irprovements in conjunction with building construction; and WHEREAS, installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of building permit for 8218 Ninth Street has been met by entry into a Real Property Improvement Contract and Lien Agreement by Burt Chisum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property IrDrovenent 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 1st day of September, 1982. AYES: NOES: ABSENT: ATTEST: La m'co id, 4lasserrian, City Clerk �/P Jon U. !Tikels, Mayor AECORDI NG REGDEETEO BY and WEN RECORDED HAIL TO: CITY CLERR CITY OF RANCHO CUCA.MONGA 9130 -C Base Line Road Post office Box 807 Rancho Cucamonga, California 91710 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1991, by and between Sort rhi= (hereinafter referred to as "Developer "), and the CITY OF RANCHO CDCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of missing off -site street improvements, including curb. • gutter, sideWalk—driya 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, TINFEFORE, THE PARTIES AGREE: 1. The Developer hereby agrees that they will install off- site street improvements, including "ah. cutter. sidewalk. drive dPY[SLlSh�7nd p +•nr .,.___, in accordance and compliance With all applicable ordinances, resolutipus, rulus and requlations of • the City in effect at the time of the installotien. Sz ad improvements shall he installed upon and ilonq Ninth Street adincent to developer's ,r,,crt•. hereinafter 1escribed. vq 0 2. The installation of said improvements shall be cem?leted 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. 3. In the event the Developer fails or refuses to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. a. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City the following described real property situated in the City of Rancho . Cucamonga, County of San Bernardino, State of California, to -wit: Lot 8 and the east 5 feet of Lot 7, Tract No. 3221, Rancho Cucamonaa, as per plat recorded in Book 45 of Map, Pages 62 and 63, records of said County. Ercepting therefrom the east 5 feet of said Lot 8, 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 obl :gations of the parties with ra or_ct thorct.o shall be governed by the 'ern :,lions of the Civ,l Codo n. the State et California, and any other aeolicobla statute, porta,ning to mOrtgages on real property. 7. This Aareement shall be binding upon and shall insure to the hanetit of the heirs. excrutors, adm,nise nto rs, sucrossors and ,ssi-ms c; each Of the ?.;rtles h "t" • S� 0 • • a. To the extent regvared to give effect of this Agreement as a mortgage, the term "Developer" shall moan "mortgaccrn and t-.- City shall be the "mortgagee" as those terms are used in the Ci•:al Code of the State of California and any other statute pertaining m 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 f... c, the mortgage created hereby, then the prevailing party shall be ent'_txid to recover its costs and such reasonable attorneys' fees as sho:_ be awarded by the Court. IN WITNESS WHEREOF, the parties hereto have exen:ted t..... Agreement on the day and year first above written. CITY: DEVELOPER: CITY OF RANCHO CUCA.MONGA, corporation I, a municipal corporation r✓ -,�.rl i CAM �..1 BY: SON D. MIE£LS MAYOR ATTEST: LAUHE.h' N. WASSLEINN city clerk I'll, n,. 111111111;1 t , ':,i v1\ m. 5.m Bc rn'rtJine• •.'I 11"I :Jr 19 P; blm. \ , I'bin .... r.., nA m.. g Illr Pu rt he FOe NotA NY SEAL f eASirn • r CITY OF RANCHO CUCAMONGA STAFF REPORT F DATE: September 1, 1982 1 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Joe Stofa, Asst. Civil Engineer SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for 6881 Amethyst Avenue Mr. and Mrs. Trombatore, property owners, have applied for a build- ing permit to construct a dwelling unit on the property located at 6881 Amethyst Avenue, a public street. As a prerequisite to issuance of building permit as established by City Council Ordinance No. 58, the construction of public improve- ments such as curb, gutter, sidewalk and street paving shall be required. Mr. and Mrs. Trombatore have entered into a Real Property Improve- ment Contract and Lien Agreement on said property to provide the required street improvements. In addition, Mr. and Mrs. Trombatore have agreed to complete the required street improvements prior to occupancy. RECOMMENDATION It is recommended that City Council adopt the attached resolution and authorize the Mayor and City Clerk to accept and sign the Lien Agreement on behalf of the City. Respe tfully submitted, LBH:JS: jaa Attachments sa • RESOLUTION NO. `6 1-MS1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IM- PROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND BARBARA TROMBATORE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for con- struction of public right -of -way improvements in conjunction with building construction; and WHEREAS, installation of curb, gutter, sidewalk and pavement es- tablished as prerequisite to issuance of building permit for 6881 Amethyst Avenue has been met by entry into a Real Property Improvement Contract and Lien Agreement by Thomas and Barbara Trombatore, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County • Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this Ist day of September, 1982. AYES: NOES: ABSENT: ATTEST: uren N. Wasserman, City Cler • �r :Z Jon D. Mikels, Mayor u RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCA.MONGA 9120 -C Base Line Head Post Office Box 807 Rancho Cucamonga, California 91730 Trombatore REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT 6881 Amethyst TH ?S AGREEMENT, made and entered into this _ day of 1981, by and between Thomas and Barbara (hereinafter referred to as "Oevelcoer "), and the C1TY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City ") , provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of missing off -site street improvements, including curb. • 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 Develof r 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 tf.j City shall have a lien upon the real property hereinafter described as security for the Developer's performance, and any rcl *\yment due City. NON, THERCPORE, THE 1`. \R'Ctf:S AGRUE: 1. The Developer hereby agrees that they will install off- site street improvements, including curb gutter, sidewalk and pavement , in accordance and coinpliance 1 with all ipplieahle ordinances, re colations. rulos and reanlations of • the City in effect at the time of the inatallition. Said imoroll "Ments shall be installed npon and ilOnq Amethyst. Avn_nyn ad)aren[ to Aeseloper's prnoer.y herelna /(er !eScrlb,d 1 0 Y. The installation of said imcrovemente shall be cc-plcted 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. 3. In the event the Developer fails or refuses to cooplete 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. 6. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the renaynent to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City the following described real property situated in the City of Bancho Cucamonga, County of San Bernardino, State of California, to -wit: . Parcel 2 of Parcel Map 5130, recorded in Book 61, Page 95, Records of said County. 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully Perform all of the acts and things by them to be done under this Agreement, then this 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 abligations of the parties with respect thereto shall be governed by the provisions of the Civil Codn of thq State of California, and any other applicable statute, pertaining to mortgages on real property. 7. This Agreement shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors .ind nssinns of aach of the Parties horeto. r 1 L_J s s' T t • R. 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 commented to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder or to foreclose the right of the Developer to redeem the above - described property from the mortgage created hereby, then the prevailing party shall 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: DEVELOPER: CITY OF RANCHO CUCAMONGA, • CALIFORNIA, a municipal'- -� corporation /? /yLO �:�en� /, %!•'!v SON D. MIXELS MAYOR i s: 1 ATTEST: LAUREN M. Rgs-s—EIR City Clerk J STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO On , 19 , before me, the undersiuned, personally appeared JON D, MINELS, known to me to be the Mayor Of the CITY of RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. WITNESS MY HAND AND OFFICIAL SEAL Notary Signature (SEAL) Notary game Typed STATE OF CALIFORNIA ) 95: COUNTY OF SAN BERNAPDI NO 1 On � 19 82 before me, the undersicned, a Notary Public in a' '— nd far said County and State, personally appeared Trcabatare , know, to me to be the• person whose name is subscribed to the witnrn instrurent and a, knowledged that they executed the same. WITNESS MY HAND AND OFFICIAL SEAL. wrlcnt mr.EliriwU :2 i.wo-rR.Y :aoMx :r iY m, Notary bignature ei fOMn +_w' filr•i'.Iw ]5 1911 (SEAL)i Terry Notary Name Typea NOTE: When document is executed by a Corporation or Partnership, the above SURAT is not acceptable. A Corporation /Partncrxnip JUIb1T is required. • S7 L • nTmv ^V n A XTOssn OTTO A 114AVO A STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician � f K� C [-ICI 19i7 I SUBJECT: Formation of Landscape Maintenance District No. 2 - Victoria Planned Community The attached Engineer's Report was tentatively approved on August 9, 1982 for the formation of the Landscape Maintenance District No. 2 covering the entire Victoria Planned Community, along with Resolution No. 82 -140 setting the date of Public Hearing for September 1, 1982. Basically the District is separate from the City -Wide District and includes the maintenance of all common landscape front yard trees throughout the tract. This extensive commitment on the part of the City results in assess- ments which will likely begin exceeding $200 and eventually seeking a level between $150 and $200 per year. The level of involvement of the City is significant and will help insure the quality of the development but it will also likely result in a great deal of commu- nity interaction which will result in a certain amount of conflict. This should be expected as we assume these responsibilities. The most sensitive part of this program will likely be front tree mainte- nance. Other unique features of this report is the assessment of vacant and commercial uses. To date, this has not been a part of City -Wide District but seems to be necessary to balance the development of assessments for the Planned Community. The key result of this approach is to accomplish making The William Lyon Company a major partner in maintenance of the early stages. The area has been posted and the owner notified by mail of the date of this Public Hearing. continued...... S8 CITY COUNCIL STAFF REPORT September 1, 1982 Page 2 RECOMMENDATION It is recommended that Council adopt the resolution required to approve the City Engineer's Report and order the formation of Landscape Maintenance District No. 2. Respectfully subm'. ted, LBH:BLilas Attachments • • .� 3 9 • RESOLUTION NO. Sd- /�;- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LA14DSCAPE MAINTENANCE DISTRICT NO. 2 WHEREAS, the City Council of the City of Rancho Cucamonga (the "City ") did on August 9, 1982, adopt Resolution No. 62 -139 aiving its preliminary approval to an Engineer's Report (the "Engineer's Report ") prepared in connection with the formation of an assessment district to be known as "Landscape Maintenance District No. 2" pursuant to the Landscapino and Lighting Act of 1972; and WHEREAS, the City Council of the City did on August 9, 1982, adopt Resolution No. 82 -138 declaring its intention to order the formation of an assessment district to be known as "Landscape Maintenance District No. 2" and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, a certified copy of said Resolution No. 82 -138 was duly published in the time, form and manner required by law as shown by the Affidavit of Publication of said Resolution on file in the office • of the City Clerk of the City; and WHEREAS, a certified copy of said Resolution No. 82 -138 was duly mailed to all persons owning property within the proposed Landscape Maintenance District No. 2 in the time, form and manner as required by law as shown by the Affidavit of Flailing of said Resolution on file in the office of the City Clerk of the City; and • WHEREAS, a public hearing has been held and this City Council has duly received and considered evidence, oral and documentary, concerning the necessity for the contemplated work and the benefits to be derived therefrom and this City Council has now acquired jurisdiction to order the proposed work. NOI1, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby gives its final approval to the Engineer's Report. SECTION 2: This City Council hereby orders the formation of Landscape Maintenance District No. 2 and the maintenance of certain land- scape improvements to be located within said Landscape Maintenance District, as more particularly described in the Engineer's Report. Z, 0 Resolution No. 4a+ -fib 7 Page 2 SECTION 3: This City Council hereby confirms the diagram of • Landscape Maintenance District No. 2 as more -particularly described in said Engineer's Report and hereby confirms the assessments for fiscal year 1982 -83 and the method of assessment as more particularly described in the Engineer's Report. SECTION 4: The City Clerk of the City of Rancho Cucamonga is hereby authorized and directed to file the diagram and assessment con- tained in the Engineer's Report, or a certified copy thereof, with the County Auditor. PASSED, APPROVED, and ADOPTED this 1st day of September, 1982. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Jon D. Mikels, Mayor 41 L C CITY OF RANCHO CUCAMONGA C ENGIiNEER'S REPORT FOR • LANDSCAPE MAINTENANCE DISTRICT NO. 2 VICTORIA COMMUNITY SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirement of Article 4, Chapter 1, Division 5 of the Street and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. GENERAL DESCRIPTION This report deals with the establishment of a Landscape Maintenance District for the Victoria Planned Community. The District will include the majority of the area as included within the planned community, as approved by Ordinance No. 143. Areas to be included in the work program are the Victoria linear park, the trees within the dedicated tree maintenance easement, the trees and ground cover within the tree and ground cover maintenance easements dedicated to the City, the public parks, and other areas required by the P.C. plan or by the City Council, or as I� • dedicated by the various subdivisions. These areas listed above will become part of the active work program, at such time as the specific areas are dedicated to the City. Annual Engineer's reports will be prepared and approved by the City Council defining the specific work programs for each year and the estimated cost for those years. As the development proceeds within the Victoria Planned Community, the area to be maintained by the District will increase and so will the cost; however, the number of units will also increase. It is hoped that the number of • units would increase at approximately the same rate as the maintenance area would increase; thereby, keeping constant or decreasing the cost per unit, excluding cost of living increases. The normal process will be the dedication of the areas to the City, then the areas landscaped by the developer, then after a period of maintenance_ by thn developer, the acceptance of maintenance by the Maintenance District. There will be a lag time from the original dedication until the District actually begins the cast of maintaining property, SEMCII 7. PL,,NS MO SPECIFIC,ITIC 'S (SCOPE OF SICPY.) • The plans Jr! specifications and installation for all landscaping will be completed' by the develGpers at their cost for the individual areas to be maintained within C � each subdivision and be approved by the Community Development Department. Maintenance Activities Detail maintenance activities on the areas to be maintained by the District includip The repair, removal or replacement of all or any part of any improve- ment, providing for the life, growth, health and beauty of the land- scaping, including cultivation, irrigation, trimming, spraying, fertiliz- ing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and replacement as necessary of all irrigation systems, and the removal of graffiti from walls immediately adjacent to the cultivated areas. SECTION 4. ESTIMATED COSTS No costs will be incurred by the District for original improvement construction. Based on data from other cities, and from the City of Rancho Cucamonga for land- scaping maintenance District No. 1 and from a review of the Victoria Community Plan, it is estimated that the maintenance cost for assessment purposes, based upon current dollars, estimated area to be maintained and estimated number of completed dwelling units will be as follows: is A. Cocolete District The cost (at current dollars) for the District upon completion of all areas within the planned community is shown below: Victcria Park Lane 1,176,000 sq. ft. X $0.30 /sq. ft. = $352,800 Trails and Parkways 1,224,J00 sq. ft. X $0.30 /sq. ft. = $403,920 Arterials 1,393,900 sq. ft. X $.33 /sq. ft. _ $460,000 Parks 40 acres X $5,000 per acre = $200,000 Trees 6,250 X S5 /Tree = $ 31,250 TOTnL ANNUAL MAINTENANCE COST $1,447,970 B. Staaa Orr Cons tr;,c ti on The estimated cost (at current dollars) for Landscape Maintenance District for all of Tracts 11934, 12044, 12045, and 12046 comprising 737 units is shown belerr: Victoria Parr. Lane 450,000 sq, ft. X SO.33 /sq. ft. = $135,000 Trail; and Parkway 251,;;00 sq. ft. X 50.33/sq. ft. = S 33,094 Parks 2 acres X 55,000 per acre - $ 10,000 • ' Trees 1,636 X S5 /T,ce = S 8,43C TO Td!_ Ftp;UdL hA C.T EaA):LE COST = ;236,' ?4 1 r? SECTION 5. A,SESSI'EP!T DIAG," -M A copy o� the proposed boundary map and legal description of the Assessment District are attoched to this report and labeled "Exhibit A" and "Exhibit 0 ". Copies of recorlod naps of Tract 11934, 12GI,t, 12J45, and 120'6, shoeing areas to be maintained by the District, are hereby incorp0rdted into the text of this report. Precise lot di7ensions are included in the referenced tract maps and Assessor's records. SECTI0;1 6, A, SE S C'IrNTS • :!,O ncer,ance costs, for the entire district are found to be of specific benefit to C. Land Use Summary f • Ill timate Total Acres of uses other than residential = 294 Total Acres of Residential = 935 1,229 Other (Arterial Roads, Open Space, SCE, Schools, Parks, flood Control, etc.) = 580 Total Acres -1,809 Staoe One Construction Total Acres of uses other than residential = -0- Total Acres of Residential = 159 Total Vacant Acres -1,280 1,439 Other (Arterial Road, SCE, Schools, Parks Flood Control) '= 370 Total Acres =1,809 • All of the costs and areas are based on current estimates and may or may not be valid for future years. The total cost and unit cost vary as the additional areas for maintenance are added to the district. The size of the areas being added to the district for maintenance have a great influence on the unit cost. The casts shown are estimates only, and the actual assessment will be based on actual cost data. SECTION 5. A,SESSI'EP!T DIAG," -M A copy o� the proposed boundary map and legal description of the Assessment District are attoched to this report and labeled "Exhibit A" and "Exhibit 0 ". Copies of recorlod naps of Tract 11934, 12GI,t, 12J45, and 120'6, shoeing areas to be maintained by the District, are hereby incorp0rdted into the text of this report. Precise lot di7ensions are included in the referenced tract maps and Assessor's records. SECTI0;1 6, A, SE S C'IrNTS • :!,O ncer,ance costs, for the entire district are found to be of specific benefit to l ,f t all property within the District in accordance with the following relationship: Land Use Assessment Units Residential Dwelling Assessment I Units Unit 1 Unit Vacant Land } Unit /Acre Commercial 2 Units /Acre 0 Estimated Assessments Estimated planned Community Complete: Total Annual Cost (Section 4) _ $1,416,720 Assessment Units Summary Land Use Units Assessment I Units /Unit Assessment I Units Dwelling Units 8,255 D.U. 1 8,255 Vacant Land 0 } unit /Ac. 0 Commercial 294 Ac. 2 units /Ac. 588 i I TOTAL ASSESSWIT UNITS 8,843 Assessme ^t Rate = $1.447,970 = $163.74 8,843 • • Effective Assessments Dwelling Units =$163.74 per year = $13.65 per month Other Developed Land Uses = $327.48 per acre per year = $27.29 per acre per mo. Stage One (737 units complete Section 4) = 5236,524 Assessment Units Summary Land L'se Units I Assessment Units /Unit Assessment Units C:,eiling Units 737 1 737 i SUCOnt Land 12 20 Ac, I Acre I 310 Co; rc ial 0 0 TOTAL ASHSSIIENT UNITS —1057 • C C Assessment Rate = $236,524 M3.77 • 1057 Dwelling Unit Assessment = $223.77 per year = $18.65 per month Vacant Land Assessment = $55.94 per acre per year = $4.66 per acre per month Estimated assessments are for comparison only. Actual assessment will be set by pu7lic hearing each year in June and will be based on actual maintenance expenses and developed land use summaries. • is 5� I ti SCALE it f��' ' �I I• ^'� b 7 , VICTORIA LANDSCAPE MAINTENANCE DISTRICT EXHIBIT 'A 6-7 RE`IISED 5 -19 -32 r.5 '7 -09 -9T VICTORIA LANDSCAPE MAINTENANCE • DISTRICT EXHIBIT "B" THOSE PORTIONS OF SECTIONS 31 AND 32 IN TOWNSHIP 1 NORTH, RANGE 6 WEST OF THE SAN BERNARD;NO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT t APPROVED BY THE SURVEYOR GENERAL DATED NOVEMBER 13, 1955 TOGETHER WITH THAT PORTION OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 7 WEST OF THE SAN BERNA.RDINO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL DATED JUNE 20, 1884 TOGETHER WITH THOSE PORTIONS OF SECTIONS 5 AND 6 IN TOWNSHIP L SOUTH, RANGE 6 'WEST OF THE SAN BERNA.RDINO MERIDIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL DATED APRIL 19, 1884 AND THAT PORTION OF r 6ECT[CN 8, TO'W'NSHIP 1 SOUTH, RANGE 6 WEST OF THE SAN BERNARDIPIO MERI- DIAN ACCORDING TO THE TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL DATED NOVEMBER 3, 1873, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF. SAID SECTION 8, DISTANT EASTERLY 60 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY ALONG A LINE THAT 15 PARALLEL WITH AND DISTANT EASTERLY 60 FEET FROM THE WESTERLY LINE OF SAID NOR Ti t:lE57 QUARTER TO THE SOUTHERLY LINE OF THE NCP.THERLY 1650 FEET OF SAID NORTHWEST QUARTER; THEICE WESTERLY 60 FEET ALONG SAID SOUTHEP.(-'f TO TH'? 'WES -CRLY LI':E OF SAID SEC7IO.'1 3; THEiiCE NORTHE.RL'f ALONG SAID 'dE;TE ?L'f LINE TO THE N08iH:, ST COR)!ER OF SAID SECTION 3; THENCE ._ ',. TERL! 310 F"cEF ALONG 7ME SOUTHEPLY LINE OFSAID SFCTICN 6; THENCE I.CR7i -ERLY I or 6,2 C C VICTORIA LANDSCAPE MAINTENANCE DISTRICT EXHIBIT "B" ALONG A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 370 FEET FROM THE EASTERLY LINE OF SAID SECTION TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT I OF TRACT NO. 8369, RECORDED IN BOOK 118, PAGES 36 TO 39 OF MAP SOCKS, RECORDS OF SAID COUNTY; THENCE WESTERLY TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID TRACT NO. 8369, THE EASTERLY LINE OF TRACT NO. 8805 RECORDED IN BOOK 126, PAGES 61 AND 62 OF MAP BOOKS RECORDS OF SAID COUNTY AND THE EASTERLY LINE AND ITS NORTHERLY PRO- LONGATION OF TRACT NO. 8806 RECORDED IN BOOK 130 PAGES 38 AND 39 OF MAP BOOKS, RECORDS OF SAID COUNTY TO THE SOUTHERLY LINE OF SAID SEC- TION 31; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF THE EASTERLY 430 FEET OF SAID SECTION 31; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID EASTERLY 430 FEET TO THE SOUTHERLY LINE OF THE PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE TO THE 'WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION BEING ALSO THE CENTERLINE OF ROCHESTER AVENUE; THENCE SOUTHERLY ALONG SAID WESTERLY LIME AND SAID CENTERLINE TO THE SOUTHERLY LINE OF SAID SECTION 31; THENCE 'WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTH- WEST CCP ?IER OF: SA(D SECTION 31 AND THE CENTERLINE OF MILLIKEN AVENUE; THENCE NORTHERLY ALO`IG WESTERLY LIME AND SAID CENTERLINE TO THE SCUTHERLY LPIE OF THE PACIFIC ELECTRIC RAILROAD RIGHT -OF- '.JAY, THENCE 2 of b� \I C C VICTORIA LANDSCAPE MAINTENANCE ' DISTRICT ERHI BIT "B" WESTERLY ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OF THE EASTERLY 260 ACR--S OF SAID SECTION 36, THENCE , t NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID SECTION 36; THE?ICE EASTERLY ALONG THE NORTHERLY LINE OF SECTION 36 AND THE NORTHERLY LIME OF SAID SECTION 31, TO THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID EAST HALF TO THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID EAST HALF TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID EAST HALF TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SECTION 31 TO THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTHERLY 50 FEET ALONG THE EASTERLY LINE OF SAID SECTION 31; THENCE EASTERLY ALONG A LINE THAT IS PARALLEL AND SOUTHERLY 50 FEET FROM THE NORTHERLY LINE OF SAID SECTION 32 TO THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER. OF SAID SECTION 32; THENCE NORTHERLY 50 FEET ALONG SAID WEST LINE TO THE NORTHERLY LINE OF SAID SECTION 32; THENCE EASTERLY ALC:lG SAID NORTHERLY LINE OF SECTION 32 TO THE 'WESTLRLY LINE OF ETIWAHDA COLONY LANDS AS PER .MAP RECORDED IN BOOK 2 OF MAPS PAGE 24, RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER OF LOT 4 IN BLOCK 3of8 i0 C VICTORIA C LANDSCAPE MAINTENANCE DI STI.I CT EXHI3IT "B" 1 OF SAID ETIWANDA COLONY LANDS; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF THE LAND OESCP.TBED IN THE DEED RE- CORDED IN BOOK 5397, PAGE 475 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE 1ESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE. i SOUTHWEST CORNER THEREOF; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE NORTHERLY LINE OF SAID BLOCK I; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK TO THE NORTH- EAST CCRNER OF THE SOUTH 150.00 FEET OF THE EAST 200.00 FEET OF LOT 8 IN SAID BLOCK I; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTH 150.00 FEET TO THE 'WEST LINE OF THE EAST 200.00 FEET OF SAID BLOCK I; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF LOT 9 IN SAID BLOCK 1; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO SAID EASTERLY LINE OF BLOCK I; THENCE SOUTHERLY ALONG LAST MENTIONED EASTERLY LINE TO THE NORTHEAST CORNER OF THE SOUTHERLY 360.00 FEET OF LOT 9 IN SAID BLOCK 1; THENCE WESTERLY ALCNG THE NORTHERLY LINE OF SAID SOUTHERLY 360.00 FEET TO THE WESTERLY LIIF OF THE EASTERLY 300.00 FEET OF SAID BLOCK 1; THENCE SOUTHERLY ALCNG 5A(D LAST MENTICNED WESTERLY LINE TO THE NORTHERLY LINE OF THE SOUTHERLY 200.00 FEET OF SAID LOT 9; THENCE EASTERLY ALONG LAST MENTICNED NORTHERLY LINE TO THE EASTERLY LINE OF SAID BLOCK I; 4 of 6 • VICTORIA LANDSCAPE MAINTENANCE ' DISTRICT EXHIBIT "B" THENCE SOUTHERLY ALONG LAST MENTIONED EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE SOUTHERLY LINES OF LOTS 9 AND 10 IN SAID BLOCK I TO THE SOUTHWEST CORNER OF SAID LOT 30; I THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 15 IN SAID BLOCK I, ITS SOUTHERLY PROLONGATION, THE WESTERLY LINE OF LOT 2 IN BLOCK J AND THE WESTERLY LINE OF LOT 7 IN BLOCK J OF SAID ETIWANDA COLONY LANDS TO THE NORTH - EASTCORt;ER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE WESTERLY ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER TO THE 'WESTERLY LINE OF THE EASTERLY 40 FEET OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG LAST MFNTIONEO 46 ESTEERLY LINE TO THE NORTHERLY LINE OF THE PACIFIC ELECTRIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE WESTERLY LINE OF THE EASTERLY 200 FEET OF LOT 8 IN SAID BLOCK J; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND ITS SOUTHERLY PROLONGA- TION TO THE SOUTHERLY LINE OF THE NORTHERLY 50 FEET OF LOT 9 IN SAID BLOCK J; THENCE 'WESTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE WESTERLY LINE OF THE EASTERLY 220 FEET OF SAID LOT 9; THENCE SOUTHERLY ALCNG LAST MENTIONED 'WESTERLY LINE TO THE SOUTHERLY LINE OF THE NORTH- ERLY 250 FEET OF SAID LOT 9; THEt,CEE EASTERLY ALONG LAST l9E:NTIONED S OUTY.ERI_'! LINE TO THE EASTERLY LIME OF SAID LOT 9, THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE WESTERL'! ALGNG THE SOUTHERLY L(N "E OF SAID LOT TO THE NORTHEAST CORNER OF LOT l5 IN SAID BLCG; J; T`EICE SCU ^'F RLY ALC,` THE L-+52RLY L;,':E GF SAID LOT 15 TO 7'- t••;`2l'! LI1.E CF ThE SGUTHERL'! 37.33 FEET OF SAID 5of8 i C VICTORIA LANDSCAPE MAINTENANCE DISTRICT dr EXHIBIT "B" LOT; THENCE WESTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE WESTERLY LINE OF THE EASTERLY 72 FEET OF SAID LOT; THENCE SOUTHERLY ALONG SAID 'WESTERLY LINE AND ITS SOUTHERLY PROLONGATION TO THE NORTH- ERLY LINE OF LOT 2 IN BLOCK S OF SAID ETIWANDA COLONY LANDS; THENCE EASTERLY ALONG LAST MENTIONED NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT TO THE NORTHEAST CORNER OF LOT 6 IN SAID BLOCK S; THENCE SOUTHERLY ALONG THE EASTERLY LINES OF LOTS 6, 11 AND 14 IN SAID BLOCK S TO THE NORTHERLY LINE ETIWANDA CACTUS ACRES RECORDED IN • BOOK 19 OF MAPS, PAGES 63 RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH- ERLY ALONG THE EASTERLY LINE OF SAID TRACT TO THE NORTHWESTERLY LINE OF STATE HIGHWAY 31; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE TO THE SOUTHERLY LINE OF BLOCK 6 OF SAID ET[WWANDA CACTUS ACRES; THENCE WESTERLY ALONG LAST MENTIONED SOUTHERLY LINE TO THE EASTERLY LINE OF LOT F OF SAID ETIWANDA CACTUS ACRES; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE NORTHWESTERLY LINE OF THE RIGHT -OF -'WAY OF HIGHWAY 31; THENCE SOU7. "IESTERLY ALONG SAID RIGHT -OF -WAY TO THE SOUTHERLY LINE OF THE NORTHERLY 50 FEET OF SAID SECTION 8; THENCE WESTERLY ALONG, SAID SOUTHERLY LINE TO THE NORTHEAST CORNER OF THE LAND DESCRI3EO IN THE DEED TO THE SOUTHERN CALIFORNIA EDISON C0MPANY RECORDED IN 3CCK 3279, PAGE 62 OF OFFICIAL RECORDS; THENCE SOUTHERLY 6of8 C VICTORIA i LANDSCAPE MAINTENANCE DISTRICT EXHIBIT "B" ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO THE NORTHER'WESTE.RLY LINE OF THE RIGHT -OF -WAY OF HIGHWAY 31; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. EXCEPT THE NORTH 200 FEET OF THE 'WEST 230 FEET OF THE EAST 380 FEET OF LOT 4 IN BLCCK S OF SAID ETIWANDA COLONY LANDS. ALSO EXCEPT THE NORTH 200 FEET OF THE WEST 218 FEET OF THE EAST 363 FEET OF LOT 3 IN BLOCK 5 OF SAID ETIWANDA COLONY LANDS. *ALSO EXCEPT THAT PORTION OF LOT 14 IN BLOCK J OF SAID ETI'WANDA COLONY LAUDS, LYING EASTERLY OF THE EASTERLY LINE OF THE WESTERLY 330 FEET OF SAID LOT. ALSO EXCEPT LOTS 21,22,23,24,29,30.31,32 AND THE EAST HALF OF LOT 28 OF ORANGE EMPIRE ACRES AS PER MAP RECORDED IN BOOK 20 OF MAPS PAGE 1 RECORDS OF SAID COUNTY. ALSO EXCEPT LOTS 10,11,12,13,14 AND THAT PORTION OF LOT 9 OF ORANGE EMPIRE ACRES AS PER MAP RECORDED IN BOOK. 20 OF NAPS, PAGE 1, RECCRDS OF SAID CCL'G Tf LYING WESTERRLY OF THE WEST LINE OF THE EAST HALF OF THE SCUTH,iEJT QUARTER OF SAID SECTION 32. Al-50 EXCEPT THAT PCRTION OF LOT 19 OF ORANGE EMPIRE ACRES AS PER NAP RECORDED IN 9OOK 20 OF MAPS, PA;E I, RECORDS OF SAID COUNTY LYING • 7of8 -7 y lr VICTORIA LANDSCAPE MAINTENANCE DISTRICT EXHIBIT "B" EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 19 WITH A LINE THAT IS PARALLEL WITH AND 270.00 FEET EASTERLY FROM THE WEST LINE OF LOT 18 OF SAID TRACT; THENCE SOUTHERLY TO THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 19 WITH A LINE THAT IS PARALLEL WITH AND 300.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID LOT 18. ALSO EXCEPT THAT PORTION OF LOT 13 IN BLOCK J AND THE UNNAMED ROAD 66.00 FEET WIDE ADJOINING SAID LOT ON THE SOUTH OF SAID ETI'WANOA COLONY LANDS LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF SOUTHERLY LINE OF BASELINE AVENUE 66 FEET WIDE AS DESCRIBED IN THE DEED RECORDED IN BOOK 1174 PAGE 148 OF OFFICIAL RECORDS WITH THE 'WESTERLY LINE OF LOT 13 IN BLOCK. J OF SAID ETI'AANDA COLONY LANDS; THENCE EASTERLY ALONG SAID SOUTHERLY LIVE TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THE EAST- ERLY 150 FEET OF LOT 4 IN BLOCK S OF SAID ETI'dANDA COLONY LANDS; THENCE SOUTHERLY ALONG SAID PROLONGATION TO THE SOUTHERLY LINE OF SAID UN- NAMED ROAD. ALSO EXCEPT THE NORTHERLY 652.25 FEET OF THE EASTERLY 800.01 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 5. 0 ALSO EXCCP7 PARCEL 1, OF PARCEL MAP NO. 1, RECORDED IN BOOK 1, PAGE 1, OF PARCEL NAPS, RECORDS OF SAN 3ERNARD Ci0 COU:ITY, CALIFORNIA. ALSO EXCEPT THE LAND DESCRIBED IN THE DEED TO ELLENA BROTHERS RECORDED JANUARY 3, 1945 IN 300:< 1723, PAGE 305, OFFICIAL RECORDS. flora -7 • STATE OF CALIFORNIA ) ss COUNTY OF SAN BERNARDINO) AFFIDAVIT OF POSTING NOTICE OF IMPROVEMENT I, Lloyd B. Hubbs, being duly sworn, deposes and says, that he is the duly appointed, qualified Superintendent of Streets for the City of Rancho Cucamonga, and that pursuant to Resolution No. 82-137 and Resolution No. 82 -138 of the Council of the City of Rancho Cucamonga, State of California, he on the 20th day of August 1982, posted the "Notice of Improvement" of the City Council's intent of consideration of Formation of Landscape Maintenance District No. 2 and Forma- tion of Lighting Maintenance District No. 3 which notices are attached hereto • and made a part hereof; that Notices were posted not more than three hundred (300) feet apart in a consipicuous place along each parcel of property affected. DATE: Sworn and subscribed to me this day 1982 Notary • 76 S(Tpepi— n endeni of Streets of the Gitvef Rancho Cucamonga ATY OF RANCHO CUCAMONGA Mw Jon D. Mikela • Charles J. Ruywl 11 Jame. C. Frml Riehard M. Dahl Phillip D. Schlo..<r August 24, 1982 The William Lyon Company 9613 Arrow Highway Rancho Cucamonga, California 91730 Gentlemen: The City Council will be having a public hearing to discuss the formation of Street Lighting Maintenance District No. 3 and Landscape Maintenance District No. 2 for the Victoria Planned Community. The public hearing will be held on September 1, 1982 at 7:00 pm • at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. If you have any questions, please feel free to contact this office. Cordially, COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION BARBARA KRALL Engineering Technician BK:jaa • 9320 BASELINE ROAD, SUITE C a POST OFFICE 80% 907 • RANCIIO CI:CAMONGA, CALIFORNIA 91730 • (714) 99!1991 C :• AFFIDAVIT OF MAILING: I, Judy Acosta, Engineering Secretary for the City of Rancho Cucamonga, do hereby swear that I deposited in the City's outgoing mail located in the administration building at approximately 4:00 pm on August 24, 1382, the attached letter to The William Lyon Company regarding the formation of Street Lighting Maintenance District No. 3 and Landscape Maintenance District N0.2 for the Victoria Plavned Community. ° Judy Acosta, Engineering Secretary i 1 U DATE: v � E 0 • I* 11mv nc n 1 w111Sn 1111.. 1Rnwln I STAFF REPORT DATE: September 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Rrall, Engineering Technician 2r yC I9 SUBJECT: Formation of Street Lighting Maintenance District $3 - Victoria Planned Community Attached is the Engineer's Report for the Street Lighting Mainte- nance District No. 3 which has tentatively approved on August 9, 1982. Street Lighting Maintenance District No. 3 is the first of such districts and covers the first phase of the Victoria Planned Community. The estimated assessment in District No. 3 is $56.09 per unit per year. Resolution No. 82 -138 approved on August 9, 1982, set the Public Hearing for the Formation of this District on September 1, 1982. The area has been posted and the owner notified by mail of the date for Public Hearing. RECOMNENDAT it is recommended that the Council adopt the appropriate resolution to approve the Engineer's Report and form Street Lighting Mainte- nance District No. 3. Respectfully subtgitted, LBH: Il :jaa Attachments • RESOLUTION NO. 8 d-19 S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LIGHTING DISTRICT NO. 3 WHEREAS, the City Council of the City of Rancho Cucamonga (the "City ") did on August 9, 1982, adopt Resolution No. 82 -136 giving its preliminary approval to an Engineer's Report (the "Engineer's Report ") prepared in connection with the formation of an assessment district to be known as "Street Lighting Maintenance District No. 3" pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council of the City did on August 9, 1982, adopt Resolution No. 82 -137 declaring its intention to order the formation of an assessment district to be known as "Street Lighting Maintenance District No. 3" and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, a certified copy of said Resolution No. 82 -137 was duly published in the time, form and manner required by law as shown by the .Affidavit of Publication of said Resolution on file in the office of the City Clerk of the City; and • WHEREAS, a certified copy of said Resolution No. 82 -137 was duly mailed to all persons owning property within the proposed Street Lighting Maintenance District No. 3 in the time, form and manner as required by law as shown by the Affidavit of Itailina of said Resolution on file in the office of the City Clerk of the City; and • WHEREAS, a public hearing has been held and this City Council has duly received and considered evidence, oral and documentary, concerning the necessity for the contemplated work and the benefits to be derived therefrom and this City Council has now acquired jurisdiction to order the proposed work. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: This City Council hereby gives its final aonroval to the Engineer's Report. SECTION 2: This City Council hereby orders the formation of Street Lighting maintenance District No. 3 and the maintenance of certain street lighting improvements to he located within said Street Lighting Maintenance District, as more particularly described in the Engineer's Report. 19 3 Resolution No. Z ✓• i = 'a Page 2 SECTION 3: This City Council hereby confirms the diagram • of Street Lighting Maintenance District No. 3 as more particularly described in said Engineer's Report and hereby confirms the assessments for fiscal year 83 -84 and the method of assessment as more particularly described in the Engineer's Report. SECTION 4: The City Clerk of the City of Rancho Cucamonga is hereby authorized and directed to file the diagram and assessment con- tained in the Engineer's Reoort, or a certified copy thereof, with the County Auditor. PASSED, APPROVED, and ADOPTED this 1st day of September, 1982. AYES: NOES: ABSENT: ATTEST: Lauren 11. Wasserman, City Clerk V11 Jon 0. Mikels, Mayor • • • C CITY ENGINEER'S REPORT FOR STREET LIGHTING NAINTENAYCE DISTRICT NO. 3 Original Formation lro—jn Cit7 Engin.,ar • Cate r ^ U .L t C TABLE OF CONTENTS A SECTIC`1 1 Authority For Report Page SECTION 2 General Description Page SECTION 3 Plans and Specifications Page SECTION 4 Estimated Costs Page SECTIO`! 5 Assessment Diagram Page SECTION 6 Assessments Page SECTION 7 Order of Events Page RESOLUTION APPROVING ENGINEERS REPORT Page RESOLUTION OF INTENTION TO FORM DISTRICT Page RESOLUTION! FOR1ING DISTRICT Page ASSESSMENT DIAGRAM Page Cl Pi • C C • CITY OF RAir'CHO CUCA.`IONC.4 C ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3 - SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). l SECTIC:1 2. GENERAL DESCRIPTION The report deals with the estimated assessments for Fiscal Year 1933 -34 of Street Lighting Maintenance District No. 3 for Tracts Nos. 11934, 12044, 12045 and 12046 within the City of Rancho Cucamonga. The area to be considered is specifically defined in the body of the report and on the attached Assessment Diagram. Work to be provided for, with the assessments estab- lished by the District are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of any street light improvement. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per dwelling unit basis. SECTION 3. PLATS AND SPECIFICATIONS The plans and specifications for street lighting have been prepared by the developers for the subdivision improvements. The plans and street lights are as stipulated in the conditions of approval for the subdivision and as approved by the City Engineering Division. Reference is hereby made to the subject tract maps and the assessment diagram for the exact location of the street lighting aro a. The plans and specifications for street lighting improvement on the ' indiiidual tracts is hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. - Detailed maintenance activities on the street lighting district include: the repair, removal or replace ^.ent i. • of all or any part of any improvement, providing for the kEz - illumination of the subject area. l . C C SECTIC3 4. ESTIMATED COSTS r No costs will be incurred for street li5-:ing improvement con- ` struction. All improvements will be constructed by c= Velopers. Based on • historical data adjusted for inflation, it is estima-.:d that maintenance costs for assessment purposes will be as indicated below fv the fiscal year 83 -84. These costs are estimated only, actual assessments w':1 be based on actual cost data. l 1933 -84 Estimated Assessment 1. S.C.E. Maintenance and Energy: Lanp Size* Quantity 5800 L 333 Rate ** 9.97 *High Pressure Sodium Vapor * *S.C.E. Schedule -5 -1 All night service per lamp per month. Effective 1/5/82 plus 201 Lamps Rate Mos. (333) ($9.97) (12) = $39840.12 2. Incidental Expenses: Engineering and Assessment District Records 51,000 City Administration and Procedures 500 3. Costs per dwelling unit within Tracts Nos. Total Annual Estimated Costs X of Dwelling Units in Tract 0 51,500 /year 1193 1. 12044, 12045 and 12046 $398 =..!2 + $1,500 /near 737 dwelling units = $56.09 /yr/ /uni 56.09 + 12 = 4.67 /month /dwelling unit Assessment shall apply to each dwelling unit as er.- erated in Section 6 and the attached assessment Diagram. EC' 0.r 5. ASSE- 'r'E'IT D^!�%,FI A copy of the proposed Assessment Diagrri is attached to this report and labaled "Street Lighting '^ aintenance Dis --ict No. 3 ". This diagram is her^_oy ir,corpon;tod within the text of this report. E • C t SECTION 6. ASSESSMENT Improvements for the District are found to be of general benefit to all • duelling units within the District and that assessment shall be equal for each dwelling unit. It is proposed that all future development within the P.C. Boundary of the Victoria Community shall be annexed to District No. 3. The District does not include any lights on Arterial Highways such as Baseline or Highland, and it is not intended in the future annexations to include arterials. It does include Victoria Park Lane. SECTION 7. ORDER OF EVENTS •- 1. City Council approves institution of District proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's report. 3. City Council adopts Resolution of Intention to form a District and sets a public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon proceedings. S. Every year in May, the City Engineer files a report with City • Council., 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • T4zp J _==!I CITY OF RANCHO CUCAMONGA ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 3 CITY OF RANCHO CUCAMCNGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA 1 2 3 n .a , B IRIS RACE MARIGOLD COURT 11 123 122 121 I� 119 118 12 � I3 75 33 70 71 c a 11 112 113 114 115 I!6 117 IS 35 36 16 LARKSPUR PLACE 17 37 107 x I6 III uolmlm i6 � 33 06 ° 19 60 40 °I 05 2C 99 IM 101102 104 Y1 % 57 id w A � 103 m 22 9g J45 -VINE COURT 22 45 24 91 % 95 94 93 92 91 '4 99 25 A 2( 2i 01 »aa m acxc]an IRIS RACE 77 31 A 9 32 75 33 70 71 72 1.4 2 34 73 $ 35 36 CROCUS COURT 37 66 6768 69 i6 � 33 64 63 62 61 60 40 °I 55 % 57 id w A � m 45 LLOYD HUESS, CITY ENGINEER RCE. 23989 DATE 77 Aq TRACT NO. 11934 `HT I IOF 4 CITY OF RANCHO CUCAMONGA AQSESSMENT DIAGRAM iHTING MAINTENANCE DISTRICT N0. 3 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TRACT NO. 12044 SHT 2 loF L10Y0 NUB9S, CITY ENGINEER RCE. 23889 DATE 4 OL CITY OF RANCHO CUCAMONGA ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTFICT N0. 3 • CITY OF RANCHO CUCA,MCNGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ` I TRACT NO. 12045 -HT 3 LLC(O HOSSS� CITY E'1GC;EER RCE. C3 "a59 Cd E ^ cF 4 C:J J • CITY OF RANCHO CUCAMONGA ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0. 3 CITY OF RANCHO CUCAMONGA COUNTY OF SAN DERNARDINO STATE OF CALIFORNIA L _ I TRACT N0. 12046 IoF S"r 4 LLOYD HUBBS, CITY ENGINEER RCE.23e89 4 c6 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN BERNARDINO) AFFIDAVIT OF POSTING NOTICE OF IMPROVEMENT I, Lloyd B. Hubbs, being duly sworn, deposes and says, that he is the duly appointed, qualified Superintendent of Streets for the City of Rancho Cucamonga, and that pursuant to Resolution No. 82 -137 and Resolution No. 82 -138 of the Council of the City of Rancho Cucamonga, State of California, he on the 20th day of August 1982, posted the "Notice of Improvement" of the City Council's intent of consideration of Formation of Landscape Maintenance District No. 2 and Forma- tion of Lighting Maintenance District No. 3 which notices are attached hereto and made a part hereof; that Notices were posted not more than three hundred • (300) feet apart in a consipicuous place along each parcel of property affected. DATE: Sworn and subscribed to me this day 1982 SUPerinten�enj, of Streets of the fity'of Rancho Cucamonga a • August 24, 1982 The William Lyon Company 9613 Arrow Highway Rancho Cucamonga, California 91730 Gentlemen: The City Council will be having a public hearing to discuss the formation of Street Lighting Maintenance District No. 3 and Landscape Maintenance District No. 2 for the Victoria Planned Community. • The public hearing will be held on September 1, 1982 at 7:00 pm at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. If you have any questions, please feel free to contact this office. Cordially, COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DI�V /ISION BARBARA KRALL Engineering Technician HK:jaa O 9850 RASEMNE ROAD, SUITE C -POST OFFICE BOX 007 • RA3CITO ('FGUIOS ,A. CALIFORNIA 91730 • 17109891851 Cl'G \.110 f . CITY OF RANCHO CUCAMONGA as.r7on D. Mikela ?.................... h Charles J. Ruyuet II ]amn G Frost Li 'y Richard M. Dahl Phillip D. Schlosser 197] August 24, 1982 The William Lyon Company 9613 Arrow Highway Rancho Cucamonga, California 91730 Gentlemen: The City Council will be having a public hearing to discuss the formation of Street Lighting Maintenance District No. 3 and Landscape Maintenance District No. 2 for the Victoria Planned Community. • The public hearing will be held on September 1, 1982 at 7:00 pm at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. If you have any questions, please feel free to contact this office. Cordially, COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DI�V /ISION BARBARA KRALL Engineering Technician HK:jaa O 9850 RASEMNE ROAD, SUITE C -POST OFFICE BOX 007 • RA3CITO ('FGUIOS ,A. CALIFORNIA 91730 • 17109891851 0 AFFIDAVIT OF MAILING: I, Judy Acosta, Engineering Secretary for the City of Rancho Cucamonga, do hereby swear that I deposited in the City's outgoing mail located in the administration building at approximately 4:00 pm on August 24, 1982, the attached letter to The William Lyon Company regarding the formation of Street Lighting Maintenance District No. 3 and Landscape Maintenance District No.2 for the Victoria Planned Community. • / /� G 'dy Ac}�s ta, Engineering Secretary DATE: I "/0 o U • G! 7 0 L r 1 iJ CITY OF RANCHO CUCAMONGA STAFF REPORT August 26, 1982 TO: City Council FROM: Lauren M. Wasserman, City Mana! SUBJECT: Chamber of Commerce Agreement H 0j As directed by the City Council, the City Attorney and administrative staff have drafted a proposed agreement between the City and the Rancho Cucamonga Chamber of Commerce for consideration and adoption. The primary provisions of the agreement are as follows: 1. City shall pay a sum equal to the rent cost for Chamber office facilities in a amount not to exceed $5040.00. 2. City will pay the cost for the Chamber's liability and property insurance in an amount not to exceed $2,000.00. 3. City will pay a sum equal to the cost of the Chamber's utilities in an amount not to exceed $3600.00. 4. City will pay to the Chamber a sum not to exceed $3,000 to help defray cost associated with a West End Economic Development Conference. It is significant to note that the payment of this amount shall occur only after the City Council has approved the Chamber budget for the activity and only after receipt of an itemized statement from the Chamber. 5. City will assume the cost for providing heath insurance for two full time Chamber employees as participants in the City's health insurance program. The maximum contribution shall not exceed $2,400.00. The terms of the agreement are from July 1, 1982 through June 30, 1983. The agreement does contain termination provisions in the event of failure to perform any obligations outlined in the contract. It is our understanding that the Chamber's legal counsel has reviewed the proposed agreement and generally concurs with the contents. The one exception, however, is regarding the Council requirements that the 9 `/ Continued.... Chamber of Commerce Agreement August 26, 1982 Page Two Chamber of Commerce follow the prcvisions of the Brown Act which require all Chamber meetings to be opened with the exception of executive sessions dealing with personnel or litigation matters. It is our understanding that this was one of the requirements the City Council had asked to be included in the agreement since the Chamber is receiving a substantial amount of City funds. Therefore, no amendment has been made regarding the Brown Act requirement. RECOMMENDATION: It is recommended that the City Council approve the agreement between the City and the Rancho Cucamonga Chamber of Commerce. LK4 /vz Attachment qs n E • AGREEMENT THIS AGREEMENT, effective as of the first day of July, 1982, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation, hereinafter referred to as "City," and the RANCHO CUCAMONGA CHAMBER OF COMMERCE, a California corporation, hereinafter referred to as the "Chamber," provides as follows: WHEREAS, City is desirous of promoting its advantages as a business, educational, cultural, recreational, industrial, and residential center, disseminating information relative thereto, and properly following up and giving consid- eration to inquiries made from time to time relative to the various activities of City, and • WHEREAS, Chamber is organized for, and equipped to carry on, promotional activities on behalf of City, and to publicize the City's industrial, commercial and residential advantages; NOW, THEREFORE, CITY AND CHAMBER AGREE AS FOLLOWS: 1. Chamber shall: a. employ competent personnel to carry on the promotional activities herein described; b. answer promptly all correspondence relative to the business, industrial, residential, educational, cultural, recreational advantages and opportunities in the City, and disseminate information by correspondence, newspaper, • publicity, and personal contacts favorably advertising such advantages and opportunities; C n 3 -2- C. aid in promoting th development and use of unoccupied, and vacant property in the City; • d, provide the City with copies of all re- ports prepared by the Chamber for its Board of Directors or its membership; e. make Chamber financial records available to the City, or its auditors, for inspection in order to verify expenditures of City funds; f. expend City funds only in accordance with the limitations set forth herein; g. not use any City funds to pay any debt in- curred prior to the effective date of this Agreement; h. hold all meetings of its membership, its Board of Directors, and any committee of its Board of Directors, • as open meetings. In this regard, Chamber shall comply with the Ralph M. Brown Act provisions relative to open meetings in the same manner as the Chamber would be required to comply if i� were a "local agency" for the purposes of said Act; i, appoint a member of the City Council as an -��ex- officio member of its Board of Directors; j. carry out such other activities as are specially funded by the City as herein provided. 2. City shall: a. pay to the Chamber a sum equal to the actual cost of rent for Chamber office facilities. Said sum shall be paid monthly upon receipt of Chamber's invoice therefor. In no event shall the total sum paid pursuant to this paragraph • exceed Five Thousand Forty Dollars ($5,040.00) for the contract year; 97 -3- • b. pay to the Chamber a sum equal to the actual cost of Chamber's liability and property insurance. Said sum shall be paid monthly upon receipt of Chamber's invoice there- for. In no event shall the total sum paid pursuant to this paragraph exceed Two Thousand Dollars ($2,000.00) for the contract year; c. pay to the Chamber a sum equal to the actual cost of Chamber's utilities. Said sum shall be paid monthly upon receipt of Chamber's invoice therefor. In no event shall the toal sum paid pursuant to this paragraph exceed Three Thousand Six Hundred Dollars ($3,600.00) for the contract year; d, pay to the Chamber a sum not to exceed Three Thousand Dollars ($3,000.00) to defray a portion of the cost • of an economic development conference to be held in the West End of San Bernardino County. Payment of any sum pursuant to this paragraph is contingent upon City Council approval of the Chamber's budget for said activity. Said sum shall be payable upon receipt of an itemized statement from the Chamber; e. 'pay on behalf of Ch ma ber t e —ii- cost ofprrl - viding insurance for two (2) full -time Chamber employees as participants in the City's health insurance program. The 'City \ contribution shall be calculated on the basis that the perso�s I insured are single persons with no dependents. The maximum ity/ contribution pursuant to this paragraph shall be Two Thousan Four Hundred Dollars ($2,400.00) for the contract year. ment of the sum subscribed in this paragraph is continge up6n said • Chamber employees being allowed to participate in. -the Civ;'s �heaith insurance program, - - -- - -- �C -4- 3. For the purposes of this Agreement, the term "contract year" shall mean the twelve -month period eginning • July 1, 1982, and ending June 30, 1983. Ca�tgy- �Jbu.hen th4—eueat Chamber fails—tc,—observe Br- perform any of�ts l , 4 f� - eblioa_1a hereunder. In the event of termination prior to the end of the contract year, City shall have the obligation / ) to pay only those sums which are then due to Chamber and which were invoiced to City prior to the effective date of termination. 4. This Agreement may be amended or modified only by written agreement signed by both parties. 5. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a • waiver of the right to compel enforcement of the same pro- vision or any other provision. 6. This Agreement, and the right to receive payment from the City pursuant hereto, shall not be assigned by the Chamber without the written consent of the City. 7. All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage pre- paid. Notices required to be given to the City shall be addressed as follows: City Manager, City of Rancho Cucamonga, 9320 Base Line Road, P. O. Box 807, Rancho Cucamonga, California 91730. Notices required to be given to the Chamber shall be addressed as follows: Rancho Cucamonga Chamber of Commerce, 8137 Malachite Ave., Suite A, Rancho Cucamonga, California • e�dti �c r� �.JARtil.t5� 91730, Attention: President. Either party may change such address by notice in writino to the other party and thereafter .; }C notices shall be addressed and transmitted to the new address. • 8. Chamber shall obtain and maintain during the term of this Agreement such workers' compensation insurance as may be necessary to protect itself from claims under State of California workers' compensation laws, and Chamber shall comply with each and every applicable provision of the federal and California Occupational Health and Safety acts_ 9. Chamber's relationship to the City is that of an independent contractor. Between the parties hereto, Chamber is solely responsible to its employees, agents, and independent contractors and their parties for all losses, costs, damages or injuries (including wrongful death) caused by an act or omission of Chamber, its employees, agents or • independent contractors relating to the services performed or to be performed by Chamber hereunder, and Chamber shall hold and save City harmless in connection therewith. City shall be named on any liability insurance policy of Chamber by a certi- ficate showing City as an additional insured and said certi- ficate shall be filed with the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF RANCHO CUCAMONGA, a municipal corporation BY: Jon D. Mikels, Mayor ATTEST: RANCHO CUCAMONGA CHAMBER OF COMMERCE, a non- profit corporation BY: President 3A • Lauren M. Wasserman, City Clerk ):i :l • 0 nTm ns n A XTncrn nT Tn A%Xnw.nA STAFF REPORT DATE: September 1, 1982 TO: Members of City Council and City Manager FROM: Jack Lam, AICP, Community Development Director BY: Rick Marks, Associate Planner SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT: HOUSING REHABILITATION LOAN PROGRAM �O C7 F'. 1977 ABSTRACT. This report is an update on the City's Housing Rehabilitation Loan Program to be funded out of the City's Community Development Block Grant. It will review staff activity regarding the program, other options available to the city and present a recommendation to contract for service with the San Bernardino County Office of Community Development. SUMMARY: N November of 1981, staff prepared an introductory report to the City Council describing the federal Community Development Block Grant (CDBG) Program and the City's new status as an Entitlement City (please see attached November 18, 1981 Staff Report). The main activities of the CDBG are the prevention of property deterioration, elimination of conditions detrimental to helath and safety, and the conserve' tion of housing stock. In February 1982, staff presented the Council with a report outlining the options available for conducting a Housing Rehabilitation Program (please see attached report) with the recommendation that staff be instructed to meet with County Staff and work out the details of a possible City /County rehabilitation program. On March 17, 1982, at its legally noticed and required public hearing on the Block Grant Program the City Council approved In concept a Housing Rehabilitation program and instructed staff to work out program details and arrangements. The amount of money now set aside to fund this effort is $87,000. CITY OPTIONS: Staff explored several options available to the City for conducting a rehabilitation program. These options included a totally city administered and operated program, contracting out a program with a private sector firm, and a joint city- county program. /o! COkISINITY DEVELOPMENT BLOCK GRANT: HOUSING REIIATIILITATION LOAN PROGRAM City Council Agenda September 1, 1982 Page 2 The option of a totally city administered and operated program was eliminated due to the City's lack of experience with the federal regulations governing project estimating, the need for additional staff, and start of costs in terms of time and resources. The option of contracting with a private sector firm was explored but HUD's experience with them is unsatisfactory and the local HUD office discouraged City staff from pursuing such an option. The option recommended by staff is a joint City, /County program which gives the City the responsibility for setting program goals and conducting the outreach efforts and charges the County with the processing of paperwork and on -site rehabilitation work. During the past several months City and County staff have met numerous times to draft a program and contract that met the needs of each party. A draft contract went through several versions based on input from County and City planning and building staff, County Counsel and the City's Attorney, Mr. Dougherty. The final version of the draft contract is attached for your review and approval. The attached contract contains several key provisions designed to insure that the City's • funds are expanded in the way the Council directed staff. These provisions include: 0 60% of the money must go toward Housing Rehabilitation Loans. 0 40% of the money must go toward Senior Repair Grants. o County Administrative costs shall not exceed 25% of program funding. o At any one time the County will receive no more than 25% of total funding program. o The County shall submit itemized monthly reports to the City showing location of projects, costs, and work performed. NEST STEP: If the City Council approves the attached contract for services from San Bernardino County the staff can begin to process applicants for loans and repair grants upon contract approval by the County. Staff has begun work on an extensive outreach effort to make people aware of the program and will continue efforts in that area (please see attached chart). • /U2 COMKINITY DEVELOPMENT BLOCK GRANT: HOUSING REHABILITATION LOAN PR ,RAM City Council Agenda IS September 1, 1982 Page 2 RECOMMENDATION: Staff recommends that the City Council approve the attached contract with the County of San Bernardino and instruct staff to begin processing repair loans and grants. Rasp ettully sub fitted, JACK LAM, AICP Community Development Director JL /RJI /kep Attachments • 00 /03- 0 THREE MONTH WORK PROGRAM: HOUSING REHABILITATION PROGRAM OUTREACH Time Required Approximate for initial gear up Cost English Write up; design; graphics $1000 (40° of Brochure Brochure Soanish Printing; (30 work days) Budget) Posters Write up; design; production $25 (501 of Poster Budget) (10 work days) On -Site Signs Write up; design $250 (total item budget) • (5 work days); production Public Service Write up Announcements (Radio) (5 work days) Newspaper Advertisements Write Up; Design /layout (No Cost) (5 work days) Direct Mail to 2 (to be investigated) target areas Article: Completed (No Cost) Grapevine pal • C O N T R A C T THIS AGRMff= is made and entered into this day of ' 1982, by and betcween the CO[. * *cv'PY OF SAN BERN:APSJP.O (hereinafter referred to as " COUNTY") and the CITY OF RANCHO CUCA%UNGA (hereinafler referred to as "CITY "). WI TN E S S E T H WHERFAS, both OOUN'TY and CITY are eligible to apply for grants from the United States Department of Housing and Urban Development, pursuant to the provisions of the Housing and Community Develcpment Act of 1974; and UEERFAS, both COUNTY and CITY have been approved for funding in the form of a Cc, c .ity Development Block Grant under Title I of the Housing and Cam;unity Develcpv t Act of 1974, for the program year beginning July 1, 1982, and ending June 30, 1983; and {:71FRFAS, both COUNTY and CITY have each developed a community developsent plan pursuant to Title I of the Act that includes a Housing Program that will help meet the housing assistance needs of lodes income persons residing in their respective jurisdictions; and • W19 REAS, the Office of Community Development (hereinafter referred to as "OM "), as the COUtTY entity responsible for administering the Federal Community Develcpn. .t Block Grant Contract and CITY desire to coordinate their efforts to mn:xiraze utilization of personnel and resources and increase the efficiency and economics in administering their Housing Assistance Program. Nal, MMREFORE, wu= AND CITY for and in consideration of the mutual premises and agreements herein contained do agree as follows: 1. This Agreement is maces pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California (canning with Section 6500), relating to the joint exercise of powers ccmmn to public agencies. The purpose of the Agreement is to utilize OM's repair crews to make repairc on and for Rancho Cucamonga senior and handicapped and disabled ha:r_'aunero as part of the CITY's Housing Program. 2. TY:c CITY hereby authorizes the COUNTY to utilize and assume re:;crsibility for COLiTY work crows to accanplish essential repairs on housing units of hcrard=s in the CPPt of Rancho Cuca.,cnca ..too quali fy for Senior Repair granta un.ccr the CI'TY's Coumwuity Development Block Grant program guidelines as adar istcrld by the COUNTY. For the purpose of this progrann the cities housing program guicielir,es are the sane as the County's 3. a. COC27TY shall act as the agent for the CITY in all matters related to assessing, estimating, assigning, and of footing all repair work to be conducted as part of the CITY's Senior Hoare Repair Program and Housing • Rellabilitition Lcan Program. fJj b. Bach party agrees to inda mify, defend and save harmless the • other party from any and all claims losses and damages occurirg or resulting from any negligent or wrongful act or omission of its officers, agents or employees in the perfo_=ance of this contract. C. The County shall indenify and hold ham less City against any liability clams, losses, demands, and actions incurred by City as a result of determination by the United States Department of Housing and Urban Development that activities undertaken by County under the program or programs failed to comply with any lwas, regulations or policies applicable thereto or that any funds billed by and disbursed to the County under this agreement were improperly expended. 4. The tenors of this agreement shall became effective on the date menticned above and shall continue in full force and effect during the CDBG Program year, beginning July 1, 1982 and ending June 30, 1983 or until conclusion of the program; in any event either COUNIR or CITY may terminate this program relationship by giving the other party a written notice 30 calendar days before termination is to take effect. S. a. CDLT7rY agrees to process to completion a minimum of nine (9) Housing Rehabilitation Ioans. b. COCTUY agrees to perform all necessary work to cocplete minim.. -n of h.enty -one (21) Senior Hone Repair program grants. C. OCUWrY administrative costs shall not exceed 258 of the program funding. Administrative costs shall include but not necessarily limited to: grant • and loan processing, legal fees, title reports and supplies. In no event shall administrative costs exceed $1000 per Housing Rehabilitation loan and $500 per Senior Horne Repair grant. d. COULM and CITY declare that it is the intent of this agreement and all work performed in accordance with it to spend a total of $79,000 on the two program activities with 608 being spent on the Housing Rehabilitation Loan Program and 40a being spent on the Senior Harm Repair Program, 6. CITY shall assume sole responsibility for planning and implementing all outreach activities and efforts and for the printing and dissemination of all written raterial. 7. a. OCD shall suErit itemized monthly statemnts of %;ork performed or undenaay showing location of projects. type of project, costs, work to be perfcc, " or already undemiv, number of applications received, number of enroll:;ents, number of ccrlAeticrs. A saplo reporting fern for nnnthly reporting is attaches; to this agrcc m t. b. CITY shall at the beginning of each quarter of the program year advance to the COMNIY an amount of money adequate to cover expected program costs to he incurred during that quarter of the program year pursuant to the terms of this agrerent. I b!r • 8. In the event this agreement is terminated by any party for any reason, COU,rY shall be paid by CITY for all services rendered on the basis of the percentage of work completed on the date notice of tear nation is given, and e;:cept for the obligations described in Paragraph 3b and 3c of this Agreement, neither party shall have any further obligation under this Agreement. 9. CITY and COUNTY hereby agree to meet in an informal meeting to resolve all disputes arising out of or relating to this Agre— .rent or the breach thereof. 10. CITY and COUNTY hereby agree that the employees hired to work in the repair program described herein will meet the minimum standards currently required in the COU'l Y's Housing Program, 11. All information obtained from or about the participant shall be used solely for the purposes of this Program and for determininq eligibility. The names of participating individuals and all information obtained from or about them will be held in absolute confidence by the CITY and the Office of Community Development and its employees. Any information requested by other County departmants, State, local, or federal agencies which would permit the identification of a participant or his /her address will be granted only upon receipt of a written permission from the program participant. IN WITATSS WHEREOF, the governing bodies of the parties hereto have authorized this Agreement and have caused the said Agreement to be executed as of the date hereof. • By: Mayor A=T: City Clerk APPPOIRJ AS TO PONM: By; City Attorney • �J7 By: Chairman, Board of supervisors ATIFST: Deputy 1 :I_Y !ANCHO CUCAMONGA YEAR—TO —OATE CITY 1E AIR R?P0 ?T ( b — 36 — ?2 ) (AUN OAT 2— JUL -32) dA?- LICATICYS ASN?OLLNESTS "COM_L_TICVS _- -5[057 —• 60 31 56 5? ?73_ 0C 0 • 17(;;: County of San Ecruardino 104 OFFICE OF COA"MUNITY DEVELOPMENT REPAIR SERVICE PROGRAM —WORK COMPLETION Identification Partin pans Name Number: ^95]06 Foothtll. 11v:!, soon _ Cuz%.e..,.n add..,. nrrizn Code COMPLETED WORK DESCRIPTION: Date of Completion: C6 -2 °-PO ' Repaired kitchen and bat! rooa faucets ......... Painted h.:ndrails and carpeted front porch. , Put holiday fogger -ender cosch.to kill.blscknieo:;s. Levelled coach. Cleaned furcce. Coach Or calx. O.C.D. noftfied. on 6- 17732,_we were- toid,to so ahead with Vora; not to ¢zcted $ 75D,G0.,.., •...: .. Pesi lid^ Name Manhours /Cost Eousics S,_pair Worhor /I ._.T.Zis:ietta.. ...13 ... Hours, .. 30 liour9'q "1'5.65 50 469. Total ... -_ . ._. MATERIAL: Irani Unit Cost • Guano C/ Total Cost AL 1IAGI ❑ a.nal /Jhua: .h'S Qa ,Q _ I _ miles ra e 5 9. ^5 Tuq 69.25 Siryn,:d. �. �•��' ��ii ( i Oaw %- 7 V - f� 2 6(•R, 5° llmsiny rtran. 5'mu v, o. - -. Grand Total Y.":'-T.-C.T2 C:TT : .i TLI•AT:!g R ?IrFT ( ? - 30 - g2 'd. �x1 r • 171 CPU% C%T?: 2}-:U; -':.: • CITY 9LOAf. .•?Ci .el._- a!CIN ASIT. 4Cpy2L °T:C ^.S i i S -r i ^ ,. -- - -- iA %ci: C:;Clx;7; .A 'd. �x1 r • 171 Y tan ( 1 "1 - 1:.: 1 T_ -AT? C 5 - .. - ' 1 9 °: °:! :T ST:O'i 2RCCUC T:V:TY 2 °_o4n' WA .,C_ . ?sL :CLT ::1S _ ""'CLL' 77:N . ::� /�: ^� .CMa L.•__ %CRTs D-Sc LT aC= L aP= =1 :A( r• 3A7 1T. .A: 1 n "c5 vi A L2V LL'C 1? p..i 1r Sv: 1 V:. 17 TCT =L SC7Tn SS;: 40 3 NS_ TVA 7E T :L IAiT V1 ` _„ n SST C:, t i•77 as LC'" !!: Y KUi SE %L L r. N•:7 NTi T:. T :L a [T V:LLcY l.i JP. T ^.: :L ��PN7 TiTPL 7TP 1 1 7 _ i 7 12 5 ?S 5 n ? 4 1J 1 C 1 � 1= 2 1 :E 15 2 +� 12 L! 17 11 ? z 1w i 22 12. 27 V 2i 11 40 16 1 ?5 21 1 1 i 7 1 1 0 1 1 17 1: 21 ? a i\ t1 C1 T 11 77 1 T) ? r , 270 11C 734 1:4 46 6 0 CITY OF RANCHO CUCAbIO \'GA STAFF REPORT DATE: February 3, 1982 TO: Members of the City Council and City Manager FROM: Jack Lam, AICP, Director of Community Development BY: Rick Marks, Associate Planner SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.: HOUSING REHABILITATION - City options for housing rehabilitation as an Entitlement City. ABSTRACT: This report will outline the existing County administered Housing Rehabilitation Loan Program of which Rancho Cucamonga, by virtue of its participation in the Cooperating Cities Program, is participant. It will also examine the options available to the City to conduct housing rehabilitation when it assumes its new role as an Entitle-ent City in the Community Development Block Grant Program. SUBRARY: For the last five years Rancho Cucamonga has been a member city in the County administered Participating Cities Community Devel- opment Block Grant Program. Next July the City assumes the status of an Entitlement City (a city with a population of or in excess of 50,000) and will be eligible to assume administrative and program selection re- sponsibilities of its own. During this five year period City residents have been eligible to par- ticipate in the County's Housing Rehabilitation Loan Program and the program itself served to meet federal participation requirements and objectives as well as to meet various city needs. The County program actually consists of a major home rehabilitation loan program offering low interest loans and a minor repair grant program for senior citizens, handicapped and disabled people. In the next two months the City Council will be selecting those programs it wishes to fund with CCGG funds during the next fiscal year. One of the programs that staff will ask the Council to consider is a Housing RenabiIi to ti on Program. �l7 Community Development Block Grant Program City Council Agenda February 3, 19G2 Page 2 Sta" finds that if the City Council chases to fund a Housing Rehabilitation Progra,r., it has two options for doing so; (1) a joint City /County run proaram with the City and County sharing administrative functions; or, (2) a program run totally by the City. Staff recommends that the City Council direct staff to work out the specifics of a joint City /County program and bring it back to the Council for review at its February 17, 1982 meeting. BAC!:GRO C'; 0: As a member City within the County Cooperating Cities COBG Program., Rancho Cucamonga is required to pay 30; of its total Block Grant award into a fund that is used to finance housing rehabilitation on a County -wide basis. The San C rnardino County Rehabilitation Loan Program - The County Rehabili- tation Loan Procram is designed to provide below market interest rate loans to logs and moderate income homeowners for the purpose of improving their homes and for bringing them up to code. Homeowners enrolled in the program are con- sidered for low interest loans (currently 6;) and may borrow up to 515,000 with a tern not to exceed 15 years, according to their ability to pay. Eligibility requirements are as follows: 1. Resident homeowner anywhere in the County of San Bernardino and all cities, excluding Ontario and San Bernardino, for 12 months or lancer (one or more persons). 2. Total household income (including all members of the household and all sources of income) at or below specific income limits. Most low income and moderate income families will qualify if net family assets exceed 55,000, income for eligibility shall include actual income from assets or 10; of assets, whichever is greater. Net assets include equi ty in nonowner- occupied real property, savings, stocks, bends and other forms of capital investments. I person household $12,000 Annual Gross Income 2 person household 13,700 Annual Gross Income 3 person household 15,400 Annual Gross Income 4 person household 17,100 .Annual Gross Income 5 person household 13,200 Annual Gross Income 6 person household 19,250 Annual Gross Income 7 person h 0 u s a hold 20,350 Annual Gross In ca me 8 or more person household 21,400 Annual Gross Income !,3 Conaauni ty Development Block Grant Program City Council Agenda February 3, 19B2 Page 3 The actual process required in order to qualify an applicant for a Rehabili- tation Loan is very lengthy and involved, often taking months to complete. The basic steps in the process are: 1. Initial interview (explanation of requirements) 2. Financial interview (determination/verification of financial eligibility) 3. Credit approval (review of information by money lending agency) 4. Cost estimate approval (determination of work to be performed) 5. Bid procedure (all work must go to bid unless homeowner is qualified by County to do own work) 6. Loan document signing 7. Disbursement of loan funds and contract signing (money received; contracts signed) B. Construction period (actual performance of rehabilitation work) 9. Ccmpletion (evaluation of work. performed) Repair Service Program - This program is a sub- program of the Rehabilitation Loan Pro ^ram in that the funding source is the money contributed by cities as a requirement for membership as a Cooperating City (30'S of Block Grant award). However, there are several very basic differences in the administration of the program. This is a home improvement rg ant, not a loan; there is no payback re- quirement. Basic eligibility is determined as follows: 1. Be an individual of 60 years of age or more, or disabled, or handi- capped. 2. Be an owner - occupant of a single - family dwelling or mobile home for 12 months or more. 3. Have a total family income (including all members of the household and all sources of income) of no more than: 1 person household 512,000 Annual Gross Income 2 person household 13,700 Annual Gross Income 3 person household 15,400 Annual Gross Income 4 person household 17,100 Annual Gross Income (Because there is no payback requirement, eligibility requirements are much reduced) IN Community Development Block Grant Program City Council Agenda February 3, 1982 Page . The maximum amount of money an applicant may be awarded is $1000. Additionally, the application process is much more simple. An application indicating basic eligibility is made, a site inspection to determine necessary work is conducted and, if approved, the work is done through an already established contract. Program Impact in Rancho Cucamonga In the last four and one -half years the Housing Rehabilitation Program has rehabi- litated 21 housing units at a total cost of $138,355, and repaired 194 housino units (under the Repair Service Program) at a cost of 5106,106. The following charts recount the history of each program in Rancho Cucamonga based on information received from the San Bernardino County Office of Community Development. It should be noted that the numbers of loans granted and housing units rehabilitated or repaired don't reflect all of the activity of the program - only the success side. Many more loan applications are processed that fail to qualify or complete the process. There are probably many reasons for this, among them; (1) failure to meet lender loan requirements, (2) applicant change of mind and voluntarily withdrawal of application, and, (3) obviously unqualified people submittino an application or making inquiry about the program "just to see what happens ". For exarDle, in the time period between July 1, 1981 and November 30, 1981, nineteen acolicaticns were processed under the Rehabilitation Loan Program; not one of them qul`fied or processed to a successful conclusion. REHABILITATION LOAN PROGRAM Iii RANCHO CUCAIIONGA Program Year Number of Rehabilitated Total Expended Do lars Housing Units 1977 -73 10 $ 67,931 1973 -19 5 29,696 1919 -f?O 2 16,896 19 :f0 -7,1 4 23,832 Lo31 -Pi2 (as of 121311,11) 0 -0- TPT,,L 21 S133,355 During the time the program has been in existence, interest rates have varied fro;a a low of 3; to a hian of 7 "; in cases of extreme need, the Rehabilitation Program extends a deferred loan to applicants which, in effect, constitutes a grant (money is usually not paid back). it 41 n f� Connunity Development Block Grant Program City Council Agenda Febrgary 3, 1932 Page 5 REPAIR SERVICE PROGRAM IN RANCHO CUCAMONGA Program Year Number of Housing Units Repaired 1977 -78 25 1978 -79 77 1979 -80 48 1980 -81 22 1981 -32 (as of 12/31/81) 22 Total Dollars Expended S 12,500 38,500 21,828 11,085 22,195 TOTAL 194 $106,103 Source: County of San Bernardino, Environmental Public 'Works Agency, Office of Community Development Pr.o-,rar. Prchle -s: 0 =spite •.mat staff believes to be a very well conceived program, the Rehabi- tation Loan Program (excluding the Repair Service Program) has not had the success that we feel is possible. The program has rehabilitated only 21 units in the last four years and in the current program year has yet to rehabi- lit3te one housing unit. We believe the program is basically sound, but at least in Rancho Cucamonga, suffers from the following problems: 1. Lack of adequate outreach effort - In the delivery of human services, outreach is a concept that is essentially the seeking out or informing of potential users or clients in order to make them aware of a program (the existence of which they may not be aware or the eligibility for they may meet but again, be unaware). Outreach often includes hiring field workers to locate people, publicity, public speaking efforts, press releases, and paid advertising. The theory is that if a program is worth doing, worth spending money on, then it is worth locating all those people who qualify for it and informing them Of its ability to help them. It is a recognition that programs often fail to achieve their purpose because people simply don't know about them. It is staff's contention that in Rancho Cucamonga the outreach effort has been minimal. Staff is aware of only one article or ad run in the local papers about the program, if a person missed that one article, they missed all of the outreach effort. The key to successful outreach is repetition in order to reach otherwise difficult -to -reach peonle by using a variety of techniques. The second reason that :re believe the Rehabilitation Loan Program to be less than successful is that the literature distributed by the County in cur Neighborhood Center is written only in English. The entire Community Development Program is neared II(c Coamunity Development Block Grant Program City Council Agenda February 3, 1982 Page 6 toward helping low and moderate income people and until this year they had to live in specific area; in Rancho Cucamonga the selected area was North Town. However, within that geographic area and income level many of the people who might be in- terested in participating in the program and who may be eligible for it speak and write primarily in Spanish. Staff suspects that many people either don't know about the program because of this or have questions about it that they haven't gotten answers to in a language that they feel comfortable with. Interviews with area residents tend to bear this out in that there was at one time a bilin- gual outreach worker living and working in North Town and during this time inte- rest and participation in the Rehabilitation Loan Program was at its highest level. The position was eliminated and there is nobody to fill the void. In order to make the program succeed, staff believes that not only is some outreach effort necessary, but it must be a bilingual outreach effort. 2. City Reimbursement- In order to participate in the Cooperating Cities Pro - gram, Rancho Cucamonga is required to pay some 307e of whatever money comes to the County due to the City's participation to a housing rehabilitation fund disbursed on a County -wide, first -come first - served basis. The total amount of money placed in this fund is unknown due to the way the County set the pro- gram up and keeps records (it is not possible to separate out city -by -city contributions) but it appears that in some program years there has been very little ,:iajor rehabilitation activity in Rancho Cucamonga. Staff assumes that during the entire time since City incorporation, on a yearly basis, some amount of money flowed to the County because of our participation in the Cooperating Cities Program yet we cannot say for sure exactly how much money was received and whetner the City received an adequate return from the program. However, staff estimates that in the last three years the City lost the use of approx- imately 5131,000 because of this process. As a final note on the overall Rehabilitaiton Loan Program, staff recognizes that program activity may be low because of the generally unstable nationwide economy and the resulting uneasiness of people to borrow money at any price during such times. It may be the case that even with an improved outreach effort, people will not participate (or, as is the case now, people will apply but fail to qualify for a loan) any more than now. However, it is staff's opinion that bettor outreach and a more clear picture of what is available to work with can improve the chances of reaching people and bringing the program to its opti ;::ma level. City Options for Continuinn a Housing Rehabilitation Program: _ OPTICH L City /County Joint Housing Rehabilitation Program: This option is at root a continuance of the existing Housing Rehabilitation • Program now solely administered by the County in the sense that what it offers to the home rehabilitation loan applicant remains the same. In the experience of the applicant the terms of a loan (or, in the case of the Senior Repair Pro- gram, a grant), eligibility requirements, procedures and processing remain as now is the case, However, from the City's point of view there are several /(% Community Development Block Grant Program City Council Agenda February 3, 1982 Page_ 7 significant changes. As has previously been stated, City staff feels that one of the key problems with the existing County Housing Rehabilitation Program is the lack of an outreach effort. Citizens who may be interested in participating in the program rarely, if ever, hear about it or what it can offer to them. Therefore staff suggests that a very small percentage of the overall amount of money earmarked for housing rehabilitation be used by the City exclusively for outreach efforts including newspaper and radio advertisement, bilingual litera- ture, slide presentations, and other outreach activities. The second change staff would recommend if this option were selected for conducting housing re- habilitation in Rancho Cucamonga is that of operating the program on a cost rein.bursement basis, that is, rather than giving the County a lump sum of money at the outset of the program based upon expected costs or activities, the City shouid negotiate a reimbursement formula and process by which to reimburse the County for work actually performed. Pros o Less expensive for City than a program totally run by City o Administratively more efficient o Provides City with expertise acquired by County Housing Rehabilitation Program o Provides ongoing City direction and a solution to outreach problems of existing County administered program. Cons o City remains part of a Housing Rehabilitation Program that during this program year has yet to rehabilitate one house under the Housing Rehab- ilitation Program (the Senior Repair Program on the other hand has been very much more successful). OPTION I1: City Housing Rehabilitation Program To conduct a Housing Rehabilitation Program that is totally run by the City is the second option available to Rancho Cucanionqa. While this is obviously a more difficult option to implement, it has the advantage of giving the City the maximum amount of control possible for the program and program costs. However, it must be kept in mind that the City has no direct experience in adminstering a housing rehabilitation program and would require planning time and start up money to develop a program and make it operational. This would mean that during the next program year actual rehabilitation of housing stock would be indefini- tely delayed until such time as the program comes on -line. Pros • Jo Maximum City control over program administration, costs, awards. A rt � 18 Coamunity Development Block Grant Program City Council Agenda February 3, 1982 Page a Cons o Greater expense to City (increased staff costs, administered costs) o Delay in actual rehabilitation work during planning phase of program o Potential problems due to lack of staff experience with program HCOS i;;G REHABILITATION: Policies /Commitments City of Rancho Cucamonga General Plan The continuance of a housing rehabilitation program has a basis in existing City policy. The General Plan is the primary policy document designed to guide and shape the physical development of the City. State Law mandates every city to prepare a General Plan and one of the required elements that every General Plan must contain is a Housing Element. If the General Plan is the primary policy document guiding the overall physical develomcent of the City, the Housing Element is the primary policy instrument passed by the City Council for the purpose of guiding the City's development of housing stock and housing opportunities. The Housing Element states that of the 16,957 housing units in the City, 130 units are in need of some rehabilitation work and 47 units are estimated to be beyond repair (p. 69). The Housing Element concludes with a series of policies that are designed to maintain and preserve existing housing stock via housing rehabilitation programs (please see attached material). Regional Context As a member city in the Southern California Association of Government, Rancho Cucamonga is charged (as are all SLAG member cities) with providing a "fair share" of affordable for -sale housing units and rental opportunities to the SLAG area population. There are various ways in which to meet this fair share obligation including building single family housing units in the affordable price ranne (affordable meaning housing affordable to people earning up to 120: of County median income), building multi - family rental units that charge rents affordable to low and moderate income people, and by undertaking the re- habilitation of housing stock in order to preserve units that are basically sound and already close to or within the affordable price range. Without wishing to open a debate on the City's obligations or lack of them vis -a -vis SCAG it is simply worth noting that: SCAG assumes member cities to have a fair share housing obligation • to the Southern California region �(q Community Development Block Grant Program City Council Agenda February 3, 1982 Page 9 SCAG assigns cities a fair share goal (number of units) to meet within a specified period of time Cities may gain credit toward meeting this fair share housing unit goal by means other than new construction of units, in other words, housing rehabilitation. Housino Assistance Plan As a requirement for participation in the Community Development Block Grant Pro- gram, either as a Cooperating City or an Entitlement City, jurisdictions are re- quired to produce and follow a Housing Assistance Plan. This Plan must include a survey of existing housing conditions, a statement of housing needs, general locations for needed housing and an annual action program. Rancho Cucamonga has a Housing Assistance Plan that was approved by HUD as part of the Cooperating Cities Program and, in a recent letter from the local HUD office, staff was notified that our HAP was good for one more year. In fulfilir.:ent of its Housing Assistance Plan, the City did participate in the Countywide Rehabilitation Loan Program and there is some basis to expect that since use have been given a one year extension on our existing Plan, which calls for the use of this approach to providing housing, HUD will look to the City to continue housing rehabilitation efforts. RECC"51ENDATI011: It is the opinion of staff that no decision on either option for conducting housing rehabilitation should be made at this time. Many of the details of how a City /County program would actually operate are as yet unknown requiring more time to bring them to fruition. There is no need for a decision on whether or not to fund a housing rehabilitation program until March 17, 1982 City Council public hearing on the Community Development Block Grant Program. Moreover, on February 17, staff will bring to the City Council a status report on the entire CON program. Staff should be instructed to meet with the appropriate County staff, work out the details of a possible City /County program option and bring the item back to the City Council at its February 17, 1982 meeting. This course of action will allow the City Council a full month to review the details of a liousing Rehabilitation Program before it must decide on the range of programs to be funced with next year's CD3G award. Respectfully submitted, a ' i� JACK LAM, AICP Director of Community Development JL:RM:jr Attachments IoZ O fir` CITY OF RANCHO CUCAMONGA: GENERAL PLAIT FINANCING: Department of Housing and Urban Development. SCHEDULE: 19E1 -82. PRESERVING HOUSING AND NEIGHBORHOODS OBJECTIVE: Promote programs which are designed to maintain and preserve the existing housing stock and community identity of existing neighborhoods, POLICY: o The City shall promote programs to rehabilitate deteriorated housing units, The housing condition survey conducted for this element will provide the basis for establishing target areas and the extent of their deterioration. The following programs shall be used to improve stan- dard housing units. Ill.a. ACTION: Allocate Community Development Block Grant funds for rehabilitation of up to 15 substandard housing units per year through the used low interest loans/ grants for low income households. r' ANTICIPATED IMPACT: Rehabilitation of up to 15 units per year. RESPONSIBLE AGENCY: Community Devel- opment Department. FINANCING: Community Development Block Grant Funds, pending "Entitlement' desig- nation. SCHEDULE: 1982 -84. Ill.b, ACTION: Determining the feasibility of urban homesteading for abandoned and delapidated units. ANTICIPATED IMPACT: If found feasible, the programs would provide an opportunity for families to purchase abandoned homes at a reducad amount and make repairs to bring buildings up to code and after a minimal period of time receive title to ownership. 86 /a� RESPONSIBLE AGENCY: Community Oevel- opment Department and Mortgage Company. FINANCING: Community Development Bud- get. SCHEDULE: 1981 -82. POLICIES: o The City shall encourage the protection of existing resiuential neighborhoods from substantial changes in life style and neighborhood character. o The City should promote the conservation and maintenance of the City's sound housing stock through the following programs. Ill.c. ACTION: Determine feasibility of use of Section 312, Rehabilitation Loans. ANTICIPATED IMPACT: If feasible, seek participation in Section 312, Rehabilitation Loans. RESPONSBILE AGENCY: Community Devel- opment Department and U.S. Department of Housing and Urban Development, FINANCING: Community Development Block Grant Funds, pending "Entitlement" desig- nation and rehabilitation funds, U.S. De- partment of Housing and Urban Develop- ment. SCHEDULE: 1982 -84. III•d. ACTION: Investigate the use of redevel- opment agency to carry out rehabilitation program of neighborhoods and individual homes. ANTICIPATED IMPACT: If found feasible, pursue establishment of redevelopment agency. RESPONSBILE AGENCY: Community Devel- opment Department. e • r 87 ��1 v •+v GCr ^CVS FNDUAI" EIVELOPMEnT +:. \I'Y Cf veln.M. . aLGCA GAFNT PRQG ^M R'JUs"a Lssn:FNCE r{AN . iAeLa Y. A::':7AL HC'�ING ACT:CN PHCGRA.'.S ANNUAL COAL i = ;rCC �; FYUCF9IL:YY E - racr. •% 6/30/31 of I. FPPLICF'ICN /GnFNT NUTAaEA 3I —ISIO I —IU IC. — I016I- 105'1013 •. G cn+clN.+L U"'_ AEV:SICN.CAT. 512717n G AMENCMENT, OAT! ;• --;A7i , c r.:::::n ancmonaurn -n n nrrvry ano ICpnrey.v,m rre ^f anover 1 -Cc:np: }Vnr++ 'Gr:n. nenoicaneaa. Refer co Urban a, :rq nrc^ tr ' Rma unn,r In's Ca +• ^_cry ^]s, mufn+n to !30 "'It ;of M0+ : n! e0i11. Count, RAP. .b �I e'er r i.V.1l5 I, II inC :'/ of :nf ilre!Y!ar �e7 I I NEpCC:a1nE I1V m4'! ^C! pnC a'! nC::CT.:'nfE .n 1',rt R[::nn/ r +'Nlnr V ^A Vr••n`nurr• ! AExciuces Repair Gran,. rregraa. ... '.,•q Rev ;sed S /2E1c0 **Only to be combined with Section 8 Existing. ` 176 at 1 �3 �.veS a::C • SCVrCECF MUSING FSS :STFNCE vV!A ?r_ CL LOWi'n.:'•C.�.Me uO+.'S'env zs Ta EE Ass:S i7 TCYAL EL➢EALY SVSIL "Aci f;121 n r I FAMILY FAMILY AND 1 MANCI. 11 • fsM. CFP.e�,r I eertanrl i pMenN !u I lel 10 I I[: M + i .: ie:, ^ev +•np ?I %Ia:Nte 1. MamrpMrr+ h,,, c'�n• -+ •,n<51 I 50 I 5 I 35 I 10 1 Nw ,l:rv<:mn u.v,nee ler em o m r_r. uo•.nr 7enea � 34 1 I 25 i 8. 55 1 d 1 5 2 C. ?WA I 26 f 0 20 6 _ = enn -wnlon Ao't%..erIII? nemro..nrn - nom cr an -: S. 7"It Sr � I 16 I 4 I 30 j 1 2 + s - ••- _ mn x 1 lU � o F I S ro:,: aua:c: - •OUVnp .:nn:ann :er �m:rn 65 1 5 I 49 I 11 0 I 0 I 0 I 0 ;1 U 0 p U —U a •••••::• tm +Sr I 55 ! 0 I 45 ! 30 1 :. -IC +n.+:•c i•c,.l -, 1 55 i 0 43 10 •:Sine 7!! I $ 2 i 3 I 0 t: .rr.. 0•ann uR x:, 1 is I A3 I :4 • '•nn ^: num o!'rnu tF •:01 I 5 2 1 1 0 I 1 :5 z.e n,n...uuon 1 0 I 0 1 U 1 0 1 1 5 2 1 3 1 0 ! 1- c••:�c I 0 I I U�j {� -1 hum or yn „7 -: Fr 5 I 3 I 1 I 1 rgym„ i I: 1 U 1 U 1 U 0 I ] I • I a I n I• 0 1 0 0 ;• --;A7i , c r.:::::n ancmonaurn -n n nrrvry ano ICpnrey.v,m rre ^f anover 1 -Cc:np: }Vnr++ 'Gr:n. nenoicaneaa. Refer co Urban a, :rq nrc^ tr ' Rma unn,r In's Ca +• ^_cry ^]s, mufn+n to !30 "'It ;of M0+ : n! e0i11. Count, RAP. .b �I e'er r i.V.1l5 I, II inC :'/ of :nf ilre!Y!ar �e7 I I NEpCC:a1nE I1V m4'! ^C! pnC a'! nC::CT.:'nfE .n 1',rt R[::nn/ r +'Nlnr V ^A Vr••n`nurr• ! AExciuces Repair Gran,. rregraa. ... '.,•q Rev ;sed S /2E1c0 **Only to be combined with Section 8 Existing. ` 176 at 1 �3 :.x S CE�.R: \•Fr:T 0: r.OLs'.G.NOURI.. OE.f0"ENT I —.. Jr C].'..U:vIT" C"ELD"ENT!LOCK GRANT PROGRAM I Cit -, of Rancho Cucanonca 0NIGRANi VU'.! NCUS:r:C A=IST ANC2 PLAN i.....; III aES' /F1.n XOUSIRG PROGRA.'.1 ?i _I U I I C 0 6 I I I 10 5I 0I TX.PEc YEAR GOAL -• . �- 92CII il1 /i9 TO 6/3018: T•ES ANC SC U R CSS C HOUSING ASSIST ANCS ;: m, S " C::FA I _ I �C „ aens:c::. CAr? 5/2/.0 -F J C E -vLCi 7C ? t ❑ •ifERN, _.;L3:::.*i0EE 3 3 LIm• Y 1 1 3 1 p I SMRLL 20 rNWI'5-A l RRa:Em:::RJ ( FAMILY SAA1LY I ! 0 Oe L � ESD.mNP CADPEJ % D.n:anl! ( penMa/ I iC� l :l n n I 150 22 98 ( 30 I i5 i 5 i 45 ! 25 '1; L n nn K' , 15 7c V 17 ! 51 5 78 0 I -"5,— 55 ai r_ '9 3 :0 3 3 10 1 1 3 1 5 % 65 % 20 1 51 ' i6 0 0 ! 0 0 45 10 n n n 2 I G A u 1 u n 0 - yr ' _ _ ..r c• :nn a. ` : _ 1001; I l5 ;i 66 I 10. _ - �.•n a. I IC,^, ". 15 056 'I o• 1 RAP a .C:y' ...,::crt lnnbmnl. :ne -� d n.: E:rary an: mrnrrly wrrn rttmE IDOVN � :naa .1m IC 1p Ora,e! to mE nJnn¢:O{Tra Crse,n ,. vcry 1mI ."It, 'n"' •.n Ur,00,v Beier to Urban ,cm:rl-ca! m 4r::•ula mP rccGmnlnnn.,t nl I,! VCM Cauney HAF. 1 C F. ara•.'UNi lagreS i:'IFVrt:v :.L -SC:: i C:..aU S:Nr. r S C nr S A L: . I L •,.I . ^^ • ••••"•• *EXCludeS Repair GranC 2:ogr=. Revised **Only To Be 6acbined With Section S Existing. 511 °1130 172 iay 40 • STAFF REPORT DATE: November 18, 1981 c TO: Members of the City Council and City Manager u FRC:I; Jack Lam, AICP, Director of Community Development ts: BY: Rick. Marls, Associate Planner 512JECT: BACKGROUND REPORT: COMIMUlli TY DEVELOPMENT BLOCK GRANT PROGR.LM AM TR.CT: This background report has been prepared for the City Council in orcer to provide background on the Federal Community Development Block Grant Program and the City's participation in it as a new Entitlement City. The information contained in it describes the basic thrust of the program, the work :which must be accomplished in ordar to prepare an application for funding, and the general time frame in which staff will achieve each work item. BACKGPO;!:ID: In August of 1974, President Ford signed the omnibus Housing ana Co=unity Development Act of 1974 charting an entirely new course for the nation's housing and urban aid programs. The new taw consolidated 10 different catagorical aid programs into a locally administered block grant program and contained broad revisions in the formulas for distributing federal aid. The Community Development Block Grant Program has as its primary objectives the enhancement and maintenance of viable urban ccsnuni- ties througn the provision of decent housing and a suitable living environ- ment and the -:mansion of economic opportunities, rinrically for lo•:r and moderate inrnme oerspns. The act provides fina ncia assistance for commu- nity acnvities directed toward: A. Eliminating slums and blight, preventing deterioration of property, and providing needed neighborhood and community facilities; B. Eliminating conditions which are detrimental to health, safety and pu!;lic welfare through interim rehahilitation, code enforcement, etc.; C. Conserving and expanding housing stock for all, but principally for lms weal modp.rote income persons; D. Exn.;nhiq and improving the qu.inr.ity and quality of com;nuni[y services, principally for low and odcrate incrre persons; E. A ^.ore rational utilization of land and outer natural resources; F. Reducinn the isolation of income groups within communities and geo- grapniral areas; I c� tip �a s STAFF REPORT rove —..ber 10, 1931 Pa. e 2 C0 Restoring and preserving properties of special value for historic, architectural or aesthetic reasons; and, Alleviating physical and economic distress through the stimulation of private investment and community revitalization in areas M th population outmigration or stagnating or declining tax base. Entitlement Cities The Ccnmunity Development Block Grant Program automatically entitles cities with a population greater than 50,000 to block grants. The amount of the blocl; grant received by an entitlement city is based on a five -part formula reflecting the ratio of a particular community's population, extent of housinq overcra::ding, poverty, age of housing, and growth lag to the average figures for all similar communities. Las' year the City of Rancho Cucamonga was part of the San Bernardino County Ccc-erating Cities Program (this type of program is also authorized by the 197; Housing and Community Development Act) and was awarded approxi- mata7y S350,000.00. Out of that sum the County took 30.`S for housing reha- bilitation (only a fraction of which was used in Rancho Cucamonga, the rest renamed with the County), and up to 10; for administrative costs (precise dollar amounts are unavailable because our money was "lumped in" with money for all other Cooperating Cities). Earlier this year the City was informed that the 1980 Census of Population conducted by the federal government confirmed that the City has a population in excess of 50,000, thereby giving it status as an Entitlement City under the 197; Housing and Community Develooment Act. The implications of this change in status from Cooperating City under the County administered program to Cntitlement City are that the almost 40: of the grant award that now goes to the County will remain in Rancho Cucamonga to be used as the City Council determines. This change in status allows the City to select the prngra::is it will fund, administer them and overall, give the City greater local control over the program. The :r.o,, recent information given Entitlement Cities (and Cooperating Cities) by VP Los An-elos Area Office of the Department of Housing and Urban Devel- o,, =P,nt is that because the Reagan Administration is trying to substantially reduce the federal budget all grant recipients will receive between IV and 201 ins, this vear than thev received last year. The federal government is a o gree �iy reduci nq the nuir.ner and scope of regulations governing the pro - grrm in hco,?s of makinn it adr.inistrativel_v ;..ore mananablo. The new regula- tion; should be available for review early next year. Tt J STAFF REPORT November 13, 1931 Pace 3 Next Steps During the next four months or so the City must begin work on (and complete a portion of) the following: 1. Conduct a departmental needs assessment designed to afford the City an opportunity to evaluate potential target area capitol facilities and programing needs. (When as yet unreleased Census data is made available, actual target areas will be established; for purposes of conducting the needs assessment all potential target areas will have to be examined). 2. Develop a proposed statement of Community Development Objectives pro- jecting the use of funds. 3. Develop a citizens participation process that will: a. furnish citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be under - taken; b. Publish a proposed statement in such manner to afford affected citizens and opportunity to examine its content and to submit co:r.:rents on the proposed statement and on community develop- ment performance. C. Hold one or more public hearings to obtain the views of citizens on community development and housing needs; and, d. Consider any such comments and views in preparing the statement and, if deemed appropriate, modify the proposed statement, and mate the final statement available to the public. 4. Prnnare a final statement of Community Development Objectives and use of furs, S. Cahn the Environr:entat Review of pr000sed projects according to National Environ °ental Policy Act Guidelines. 5. Cevelun tho.e ad:rioistrative procedures and systems required by the Federal rov2rr� °gnt of local jurisdictions oarticipating in the Community Cev ^loclmnc Dlai: Gran. Projrim as Entitlement. Cities. STFFF REPORT Novenber 18, 1981 Pace 4 SUP..ARY: PartiCiDation this year as an Entitlement City in the Community Develo�::•ent Bloc", Grant Program offers the City the opportunity to continue and exoand the work already begun under the Cooperating Cities Program but with creator local determination and control. Staff has already begun pre - liminary wort: on preparing the necessary information to support an applica- tion and anticipates conducting a needs assessment during the months of - November and December of this year. If members of the City Council have any suggestions for capitol improvements projects or programs they would like to see evaluated as part of the needs assessment process, it would be helpful if they were received during that time period. Additionally, if the Council would like any specific information regarding the Community Development Block Grant Program, Staff will gather it as quickly as possible. It is important for the City Ccuncil to bear in mind that while the City has some experience in the CC20 program as a former Cooperating City under the County program, there are scc:e critical "unknowns" that will have an impact on this program. A;:org these "unkno.ens" are the exact level of funding the City may expect to receive and the final regulations governing the program. As this infor- mation is made available to the Staff (probably in early 1982), it will be sent to the City Council. Respectfully sutmitted, i r•' Jack Lam, A1CP, Director of Community Development JL: R }l: kp Attach,ent 1_• Eligible and ineligible Activities L•. -.:er re_,.n:_crz issued by 1,WD hated Augurt 27, 1579). '.`.ere are six 10• _< cz:a M- es of ellgibla activit•es: 1) ?as-'c eligible ecti•ri� es: 2) -.n. and Rresern_ :ion activ : ::es: 3) eli3ll'_e de,,- activ es; 4 act_ by cr ;a: e. ^ruffles, rria crnecd -eased non - profit ccroca Jr- cr ='= - ^ lccl or sm." :csiness iaves -e= ellgi-" ps_ `_:d desich costs, and: o) el"5-fble �= :ni_ :a :i•.� ref's. A!: e•:'= -:.icn of each of the cstzRories of eligble ac:_rties is gren L� v ^.v points, however, shccld be notad. Fi: he foh_ :.vir g +ist is .ccndenaad t: Lie reralations and is sic_'�`isd; the f'_r_h decision as to ' a project is elzible or not shculd to cede by referring directly to the re5a'.icns_ Second. ehhv e1i. Lire nun+ -__ -cr ..t a A. sas!c FlIzible Activities This sec-icn inc?• des the =jo,- ., of cspi`al L^ cve=ent trt'r_ts =„+Le ccsizered f-. s_:a; a'_:1:ir_ des' -ed 'tars - ar =as. 1. AcT�_sit'n_.n. or Res ?r__en -r 4n_c6 . does no: _ c.LYa :. .rg e-a- s- .ansa:cs, xnic: czl to yraserved aea his:cri: s'_:z or v21=ble r... -•Jr17 serv'_Je, or,used for sn ac 71ty. 2. D!e=2It4= of Real pan _ ac-.-- 'red under the C-K 3• A.cp: _ "cn Ccns - -_ P =b'' +tat cr _ - - oS ear :,. p:alicz_; erred n:ac:il:.as, vc. as: - --- a. Senior Centers b. Parks, P1ay3: curds e. Centers for the P2ndicaeted d. Neighbo :hood ? :ilities e. Solid 'aeste Discosal Facilities f. Fire Protection Facilities anal ?cu:: =en: g. Parkng 2ac`li :ies h. Street rmcrovaxants L. Hater and saxer sis:acs J. Pedestrian M�-Is anal Xz?'c.ay. k. Flood- Control and D:•sira4a *atrovecen:J I. Other rzprove_enta vital to a ec�ri -�'s de' :etc °ern.: d. C_e_-yr.e and ,t�ncl'• :'- or de :a- ' :n._d Lull' <_.o and 1d ,. 5• In >r:_ p_sis :. ^_ -re or te=mra,- ejo to 'a lr ., suer. ` or r •v, o: .rear, rera fig °s--...a. 6. Re alien ---- - un.�nn -? - . du_ :J- -� ... _..�3n . re.. .'._' _..._ .. •._-_ 7. Y `�y - +N_bilitaticn and orsser, atior. Actl -nttss U'.-: n43 section CDr-u lund4s may be used for _of • by liinzs and L.rove_ it3, both cub?'ic and privately a+.ed. ^Tit's . secrcn of the ieyu =Lions aut.`.or ces the County's ec?iisit -, e.^_ reab!litaticn financing for, pri2:e croce^es, it a?_o fc.- :__ a.f relocation assistance, code er=f:rcecent, and c:eser: . on activities. - C. _liaibla ?eca �'c Develot =ent Activi- . " lei fork c based or-pozfit orgini:atiors, anal business inr_e _en: cc= �a es, or lei development co -ora :ions are elie -ble for :cos _ C_znt Ards to iamlenzent cer.ain er•n^ic de•elop^_ent and c —e _..1 activities. The fir= Cial as'aistancs can be in w>a " -*c:= of grants, lazes, lean guarantees, or technical' assistan -- to exis :irb call bush -saes, amority businesses neignbo:hccd corn r.- :fin bus_: es3. :M above grows can use LN Blcc-v Grant fulls fc: :. ": following parroses: Working capital. operational funds, i.d l. p.: -c.- .- , purc^a of equipment any fixtarse, energ7 Bors it:rc•:ements, acquisition, cons-me.-Ion, rehabilitation, or ins: :ion of cc--erciel and Industrial buildings. 8e eve: , "I ecc c =4c develop-•^t activities c¢:st meet t�s foilas:rg c :i :a.^ -s: 1) Cc --`.: private ad public inves..ents t-mrd 01-1- viatirg p.h s_oa_ de =-•- -:ion or economic dis :ress in a c —•n_ r ; 2) :ersfl- .._: +ay incc=e hard!cappee persons by providirg jobs; 3) e. ^3 fit in t- a:. - cvera_ eperci. strateg. ' D. p•, - ar/ }.A_'. ^.Ga ::3ti ^.n 1c: -ales Cal fr=;3 are authorized for the foL'csrirg activities: 1. Pre_z•rg comprehensive_ cca=i� develop =?. ^.: pl -ans; - 2. ?:e:arirg cc--un!ty =side pl2 ^s for Lan d use historical preservation, economic deveiopant, end mighborhoed r eserm- ,4-r.; 3. Ad= inistrative cost relating to the p� =._n� and Lnp_ _qnt.- :.... CC c c—�.i7 develop=nt activities. Irac _b_e Activities The follvding tyTes of activities ere Saner"-Liq ineL'� ble: 1. $.L!11:3, conv°nticn centers, ccnceY. halls, Cit-.- h3_l3, regi:ral ' he^, Cgzrters `or public safe') ag:.rcies (bul'ki'ng_ end .ac.:..ies for sae general conduct of govern =ent). _ 2. Fire stations and equipeent in target areas where no other ^1_ ac:i•rf-, is ccc_: ir_g in the sage pr-g-= year. 3. Fac:lc..es for excl _ uz-a by ore a:o . . org ni- -.inn. 4. ila_ :_._.__ and aper -..... ,-__, defe -led ,etc-: 5• Net in3 , ^, ^_Q....• "•__. a... 2y _._ : :.i�. 7. Ec-a,- .!:3. ...: _ ^ j ..zi9 .nd ot.._r sub•..aye, ..._.y kirss, b1s .r c:he: N(. 9. Y3rC: J£.� of �.V :b.. !_ .._n.. Or ....:::'..:,: ..,..Ter... Q 0 • _e CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 1, 1982 ��- 19; TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer By: Joe Stofa, Jr., Assistant Civil Engineer SUBJECT: Acceptance of Bonds and Agreements, Final Map and Vacations for Tract 9658 - Richwood Development Company The subject map, located north of Ninth Street, east of Baker Avenue and west of Madrone Avenue is submitted by Richwood Develop- ment Company. The tentative map was approved by the Planning Commission on July 22, 1981 consisting of 52 single family residen- tial dwelling units on 26 lots. The improvement agreement and improvement secuiity have been sub- mitted by Richwood Development Company to guarantee installation of the off -site improvements in the following amounts: Faithful Performance: $218,900.00 Labor and Material: $109,450.00 Letters of approval have been received from Chaffety Joint Union High School District, Cucamonga School District and Cucamonga County Water District. C.C.SR.'s have been approved by the City Attorney. Additionally, a portion of Madrone Avenue within Tract 9658, must be vacated prior to recordation of the tract map. The realignment of Madrone Avenue, approved by Cask -N- Cleaver, will form a "tee" intersection at Ninth Street, thus eliminating the confusion that presently exists at the intersection. It is recommended that City Council adopt the attached resolution authorizing the acceptance of improvement agreement, improvement security and the signature of said map. continued...... 13r CITY COUNCIL STAFF REPORT September 1, 1982 Page 2 It is furthrr recommended that the City Council adopt the attached resolution approving the vacation of a portion of Madrone Avenue and authorizing the City Clerk to record same. Re pec tfully s bmitted, r LBH :jaa Attachments /21-1 0 • n • RESOLUTION NO. 9,9 -1b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 9658 WHEREAS, the Tentative Map of Tract No. 9658, consisting of 26 lots, submitted by Richwood Development Company, Subdivider, located north of Ninth Street, east of Baker Avenue and west of Madrone 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 cimpliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prere- quisite to approval of the Final Map of Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, toaether 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 of dedication and the Final Map delinea- ting same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of the City. PASSED, APPROVED and ADOPTED this 1st day of September, 1982. AYES: NOES: ABSENT: Jon D. Mikels, Mayor • ATTEST: Lauren M. Wasserman, City C1erK RESOLUTION NO. 1? a - /(O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF MADRONE AVENUE WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highways Code, the City Council of Rancho Cucamonga is authorized to summarily vacate a portion of the City street hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that a portion of Madrone Avenue is unncessary for present or prospective public street purposes because it has been superceded by relocation. BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby makes its order vacating that portion of street on Map V -022 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A ", and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said portion of Madrone Avenue no longer constitutes a street or public utility easement. SECTION 3: The City Clerk shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 1st day of September, 1982. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk ��y Jon D. Mikels, Mayor EXHIBIT "A" Parcel 1 (Portion of Madrone Avenue) • Being a vacation of that portion of Madrone Avenue (formerly Arrow Route) as described in Book 871, of Deeds, at Page 177 thereof, records of San BErnardino County, California lying easterly of the following described line: Commencing at the intersection of the east line of said Madrone AVenue (60.00 feet wide) with the north line of lot 23 of Section 9, Township 1 South, Range 7 West, per map of Cucamonga Lands on file in Book 4 of maps, at Page 9, Records of San Bernardino County. Thence S 0' 02' 11" E along the east line of Madrone Avenue, 65.06 feet to the true point of beginning, said point also being the beginning of a curve concave westerly having a radius of 330.00 feet; thence southerly along said curve through a central angle of 7 024'07 ", an arc length of 42.63 feet to the beginning of a reverse curve, concave easterly having a radius of 270.00 feet; thence southerly along said reverse curve through a central angle of 1 024'07 ", an arc length of 34.88 feet, a radial line through the beginning of said reverse curve bears N 82'38'04" 'w; thence S 0 002'11" E and parallel to said East line 376.12 more or less feet to a point in the southeast line of Madrone Avenue, Parcel 2 (Portion of Madrone Avenue) • Being a vacation of a portion of Madrone Avenue (formerly Arrow Route) in Lot 23, Section 9, Township 1 South, Range 7 West, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as shown on map of Cucamonga Lands, recorded in Book 4, Page 9, of Maps, in the Office of the Recorder of said County, Described as follows: Commencing at the intersection of the Centerline of Baker Avenue with the centerlinge of Ninth Street (63 Feet wide) as shown on map filed in Book 10, Page 90, of Records of Survey, in the Office of the Recorder of Said County: Thence (1) Along said centerline of Ninth Street as shown on said last mentioned map, N 89054'21" E 476.12 Feet: Thence (2) N 0005'39" W 33.00 feet to the intersection of the northwesterly line of Madrone Avenue and the north line of said ninth Street; said intersection being on a non - tangent curve, concave northwesterly having a radius of 157.99 feet, a radial line of said curve through said point bears S 0005'39" E, said curve being that certain non - tangent curve, concave north- westerly having a radius of 157.99 feet, as described in the resolution of the Board of Supervisors of San Bernardino County, abandoning a portion of Ninth Street as recorded in Book 6176, Page 455, of Official Records, in the Office of the Recorder of Said County, said point being the true point of Beginning; • i3<- EXHIBIT "A" (Can't) Thence (3) Northeasterly along said non - tangent curve through a . central angle of 33 °59'36 ", an arc length of 93.74 feet to a point on a line parallel with and 60.00 feet northerly, measured at right angles from said centerline of Ninth Street; Thence (4) Along said parallel line N 89 °54'21" E 5.26 Feet to a point on a non - tangent curve, concave northwesterly having a radius of 160.99 feet(formerly recorded as being 161.00 feet), a radial line of said curve through said point bears S 35 °38'23" E, said curve being the northwesterly boundary of that certain 60.00 foot wide strip of land, for Madrone Avenue, as described in deed recorded in Book 871, Page 177, of Deeds, . in the office of the Recorder of Said County; Thence (5) Northeasterly along said curve through a central angle of 40104147 ", an arc length of 112.62 feet to the intersection with a line parallel and 35.00 feet westerly, measured at right angles from the southerly prologation of that certain course "South 880.7 feet" in the centerline of the 60.00 foot wide strip of land, for Madrone Avenue, (formerly Arrow Route) as described in deed recorded in Book 871, Page 177, of deeds, in the Office of the Recorder of Said County; Thence (6) Along said parallel line S 0 002'11" E 103.04 feet to the beginning of a curve, concave northwesterly having a radius of 15.00 feet: • Thence (7) Southwesterly along said curve through a central angle of 89 056'32 ", an are length of 23.55 feet to a point on a line parallel with and 33.00 feet northerly, measured at right angles from said centerline of Ninth Street; Thence (8) Along said parallel line S 89 054'21" W 140.85 feet to the true point of beginning. Containing 0.11 Acres more or less • EXHIBIT "B" • Reservations and /or exceptions for the vacation of Madrone Avenue(formerly Arrow Route): • • Reserving the rights of the utility companies over the area as described in Exhibit "A ". 13 i 0 NORT,11 VACATION PARCEL / PORTION OF MAORONE AVENUE (I) 6 =7 "24'07' R.330' L° 42.G3 (R) S "24'07" A= 27o' L• 54, 93' c T.P.O._q lug .�3 •d { +wr SCALE / " ° ?O' 3) 41 IV12'40" R• MA I' L'47 10' ,4RM /NUS i ! 3 4 eac -ooi P. rO Of /f 0 „r TRAcr Ao. usa VACA;' -ION PARCEL 2 PCIR1 i ON O :- WADROME AMMIle 15) a 49'0447' R AWi9' 4 W: 333 01 330 ^'[il (II I� i 1 1� 17) d4M,32” R•IS.00' L =2355' y W X35' i( 4i µ SCALF / " +40' O Cl V1 EiCC -0/01 7 -IC -02 'PAP Poll, 19-19-91/7p � C • •� lM � tit .M • � U�upuC • .w.� I jI li jjjl''��J to wv 1 —.7 • • � • • _ Imo— `^ ��)f2TH an, a, Ill :M: RA CIIo cuc.- 1,N lom;,1 El1G1iVEERIiV6 DIVISION IiC1111;i'I - S( xLE: r lyb pl..EST r6rX STREET .I.T :. 410 ;S2 I GOuaO..nni'4 August 12, 1982 Letter of Certification of School District Capacity Within the Chaff ey .70int Union Rich School District and the Alta Loma �igfi Scchioo�_ dance bouraaries for the ollowi ny descr�Ced project: Location /Description: Tract No, 9658 9th 8 Baker Rancho Cucamonga, CA Number of Dwellings: 52 Anticipated Completion Date: April 1983 The school district hereby certifies that the capacity for 8 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 :.aroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulaticns 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 corunitment.• Sucerinten ent /Asst. Superintendent riT ly cc: Planning Division City of Rancho Cucamonca R �y� 49 LI r1 lJ r� v Cucamonga School District BOAwo OF TnmT[n 6776 Archibald Avenue GAROL GOMFZw Rancho Cucamonga, California 91770 WILLIAM CRAwrowG Telephone (714) 967 -6941 LUIS M GONZALES P GEORGIA GIVIFIN MANUCL M LUNA Richwood Development Company August 13, 1982 265 North San Gabriel Pasadena, California 91107 Date c/0 Tom McCutchan LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Cucamonga School District and Cucamonga School District attendance boundaries for the following described project: Location /Description Tract 69658 - N/S 9th between Baker 6 Madrone Number of Dwelling Units 52 Anticipated Completion Date 7/22/83 Gentlemen: The Cucamonga School District hereby certifies that the capacity for 26 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 60 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 60 day period shall validate such commitment. siacerely, ,04* Sup rintendent a pU� cc: Planning Division, City of Rancho Cucamonga RV: 11 �!G 14 0 CITY OF RANCHO CUCAMONGA SUBDIVISION IMPROVEMENT AGREEHEDT TRACT NO. %58 00'A ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and Richwood Development Company n?tlrred a California Corpon[ion-- herein to as [he Subdivider. YITNESSETH: THAT, WHEREAS, said Subdivider desires to subdivide certain real property in said City as shown on the previously approved Tentative Map of Tract No. %58; and, WHEREAS, said City has established certain requirements to be met by said Subdivider as prerequisite to approval of the Final Hap of said Tract by said City; NOW, 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 improve- ments described on Page 5 hereof within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving said Final Map and this agreement. This agreement sM it be in default on the day following the first anniversary date of said approval • unless an extension of time has been granted by said City as hereinafter pro- vided. 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 60 days before the expiration date hereof, and shall contain a statement of circum- stances 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 be comply with the previsions of this agrcer. ot, 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 petered water service to each lot on said Tract in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. Utility- Oenosit- Statement. Subdivider shall file with the City Engineer, prior to the cop gncerent of any work to be perforred within the areas described by said rap. a written statement signed by Subdivider, and each public utility corporation involved, to the. effect that Subdivider has made the deposit lagelly required by such public utility corporation for the connection of any and all public utilities to be supplied by such Corporation within such sub- division. 2. The Subdivider shall be responsible for replacement, relocation, or removal Of any o,,00ent of any irrigation water System in conflict with construction of required improverents to the satisfaction of the City Engineer and the owner of such water system. • :y. • IMPROVEMENT AGREEMENT TRACT MO. %58 PAGE 2 8. Improvements required to be constructed shall confanm to the Standard Drawings and Standard Specifications of the City, and to the Improvements Plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 5 bemeof, 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 works 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. 10. The Subdivider shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said Tract resulting from 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 inprovement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting diagram approved by the City Community Development Director in all locations where the adjoining lot has been completely developed and built upon. • M Richwood Oevelopnent Company __ the Subdivider shall be re- sponssT'or ma m t26 a trees p ante n good 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 Map Act, City ordinances, and this aareement for the Tract, and for the maintenance of all improvements constructed there- under until the Tract is accepted for maintenance by the City, am no im- provement security provided herewith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee bond here- inafter described has been released by the City, or until a new agreement together with tie 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 abell be approved by the City Attorney: A. A faithful performance guarantee bond 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 rateria is, services, equipment rentals, and labor furnished to the Subdivider in the course of meeting the conditions of Ws agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the tract engineer or surveyor whose certificate appears upon the Final Tract Map for the setting of all tract boundary, lot corner, and street center- line monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the tract engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shorn on the [unslruction and Bond estimate contained herein. • M 0 IMPROVEMENT AGREE'!ENT TRACT R0, 9658 PAGE 7 Said cash deposit may be refunded as soon as procedure permits after receipt by the City Of the centerline tic notes and written assurance of Payment in full from the tract engineer or surveyor. D. The required bonds and the principal amounts thereof are set forth on page 4 of this agreement. 16. The Subdivider warrants that the improvements described in this agreerent 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 data 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 shalt furnish a maintenance guarantee bond in a sum equal to ten percent (101) of the con- struction estimate or $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 perforxnce by the Subdivider of any obligation of the Subdivider to do specified work with respect to any parkway maintenance assessment district. Once the irproverents have been accepted and a maintenance guarantee bond has been accepted by the City, the other improvement security described in this agreement nay be re- leased 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 term of this agree- ment, such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreerent few 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 negli- gence of the Developer or any contractor or subcontractor or anyone eroioyed by said persons. The public liability and property damage insurance shall also directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance Policies issued hereunder shall So state. The amounts of such insurance shall be as full...: A. Contractor's liability insurance providing bodily injury or death lia- bility 11--S of not less than 5100,000 for each person and S1,000,C00 for each accident or occurrence, and property damage liability limits of not less than 5100,000 for each accident or occurrence with an aggregate limit of $200,000 for claims which may arise from the operations of the Devel. oper in the performance of the work herein provided. B. 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 $700,000 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 5103,000 which may arise from the operations O( the Developer or his Contractor in performing the work provided for herein. M. 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 rertificat. ahall bear an endorsement preluding the cancellations, or redaction in coverage of any policy evidences by such certificate, before the expiration of thirty (70) days after the City shall have received notifica- tion by registered mail from the insurance carrier. • - Iy5 IMPROVEMENT AGREEMENT TRACT NO, 9659 PAGE 4 As evidence of undemanding the p,hYls,ons contained herein, and of intent to comply with same, the Subdivider has sussitted the belmJ described irprovelrenc security, and has affixed his Signature hereto: FAITHFUL PERFORMANCE BOND Description: Principal Amount; S218,9GO Surety: Attorney -in -Fact; Address: P.ATERIAL ANO LAGOS PAYMENT POND Description: Principal 'ToYht: S109,450 Surety: Attorney -in -Fact: Address: I7ATE �rrvNa5lLRaNCE SrATE OFfAtIFORNIA ��''r 1 2'500 1 ca,•,vry oe Loa 11 198 pn__ ae 11, 1983 pyUmt mt.IM nMmipmt, va.ry M,FIk In .m fn vW an.. rc^.munY •w.ana _ RicM1Ud N. Macteea _axing 1 1mm. mew MlM _ .. .._ __ Pmxkm. amr_� Wreia J. MacLeod_ ' I21 ,x.90 IM '-In— ,Aar i a 0,= . . - A xh., nlrin un Maas cw^ 'ar rnr M r.rnJ narAVl. aml 1 If AL E� a^I no.leJ.N NM _ I .nAin imWnen In in FY'aval« .rtum ,M A )�. ; : "1[]lfL>N WONJ E dVl j• ppurmanr 1 n,d dof Jirm ry p nl fyi Cr.n ..', ^rpu '4 j Fa s SCL ^la.Hj^ WRNFiS mYNN anJ WY.'nl v.l LC: I 'e p,{.y I :Jider irennvr.l.l2(ru/Yn Ll: t(r1.riv/ • victor .................... ........•..' CITY OF NNW CUCNal'L�A, CALIFONRIA a Iruni,,rl CDrpfrntinn cL,y.r n tec;t: c. n iI��1L ❑IY ,torney ; Ll ,o r � CITY OF FWXHO CUCNNONCA . CO%STSVCTlO1 AND BOND ESTV'..TE ENCROACHUtENT PESIIT FEE SUIEDDLE (ACtoch m '•Inapeetor's CnPv') DATE: August, 1982 PERMIT N0. CO:I ?L'T A BY MCCutChan File Reference City D[GVing Ne, 775 40T£: Dees not include current fee for weitio; permit or ,call replace- ment depesiw. CONSTRUCTIDM COST ESTIMATE ITEM OI'.1NTITY iNIT :`a C —T a °OL "S .- F.G.C, I - R" r. F. 1 322 I.. P. 6.J0 I P.C.C. 1.1,11, only F' C.F. L. F. A.C. Dera 15:00 .in) I L. F. 4.50 684.00 c" P.C.C. Sfdevoll, I •1.0 F. ,i5 23.35 i. 75 6" Drive AnereACc ,� S.F. .o C . C[nsa culler b.GeO. UU stP.E.F. Street v.. enTnc ton I 1,000 V.. 1, 1.50 n n Ime0[ted Embankment C.Y. Prc, 1.. S.F. 0.15 9,015.95 � 4r t.. a 1\ - - 5,31 8.16 A.0 . (over 1300 r 1,a I roN A.C. 1900 to 1100 12 nal I TO] 3 ,So a. L'3 a.r. a dvr s00 to 00 tons) TO`: .\ r. 1 son I'D') TON Purh AX. Rrenchl I 459 =-1 •'a 803.2 I" T",'k A.C. Ovellnv I 8 343 S.F. 0.39 2 502.90 nn � fade i It E, \. 2 D.00 ddiust S C.O. 10 Grade E: d: A111,11 nr Caly . 10 OlOdl G f - srrct c 1 3 '�.\. 2 e 2 eetainfn9 wall 1 669 In in 11 len on I em- oTCross Gutter 1 117 2.00 234.00 I em0va ea wa unci »)n Ntrul 0C 2 OOO.OU u1. Gutter 1— i,� u 12 936.00 Outlet N tructure [. I 1 1 0 ,DO awcu 0 2 ratn Cox wt Parkway ura, 1 CO:^l:RCCT:ON COST 199,010.46 C¢ <r 1 -:1: F0S15 19,901.05 to I`J. '''DR1alY:n nu C05T, 218,911.51 Fdi ToTUL FESie::L\SCE BOND (100%) 218,900.00 Id GOD, AND !LUCRIAL FJ:(D (50'.) 109.450.00 F:,ClNEERI %G INSPLCr1OC FEE 9,341.00 (VEF. SCIi1 :�,ILF) .I�Ia!:1::. B.iing i1i1;D Itl.Sip 24500400 )y7 • • • • B :D. 104990 Ppc42LM: $3.065.00 EAITHFUu PEN O^D!AYCE 301:0 WHEREAS, the City Council of the Cib of Ra nepp Q:camo nga, Swte of California, and RIQN0C0 DEVt1nFTff1S1't>?�A \Y (hereinafter des igna tee as "p ancipa ) nave en ce rem inro an a,,unt whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198_, and identified as project is hereby referred to and ca Le a part F.7.1. ; and, WHEREAS, said principal is required under the terns of said agreement to furnish a bond for the faithful perfornarce of said agreement. WOW, THEREFORE, we the principal and D6VQCP MSLiiJ:= @'s'AW as surety, are held and firmly bount ^.c unto the City of Rancho Cucamonga (hereinafter called "Ci-y '), in the onto sum of Two hundred and ei hteen thousand and nine hundred and 00/100- Dollars ( ) ladrui mo ncy o the tni rep Eta ees, or the pa .'rent o w ion sum we I and truly ^_o be made, we bind ourselves, our heirs, successors, executors and admini- strators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bocnded principal, his or its heirs, executors, administrators, successors or assigns, shall in all thin.. stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said acreement and any alteration thereof trade as therein Provided, on .`.` ^.is 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 har -.less city, its offioe rs, agents and e. ^..ployees, as therein stipulated, then this oblication shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the oblication secured hereby and in addition to the face axount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, inc•.:rred by Cii, 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 acreement or to the work to be performed thereunder or the specifications accompanying the s,,- shall in anywise affect its cb L'gations on this bond, and it does hereby waive notice of any such change, extension of time, alteracio:, or addition to the terms of the agreement or to the work or to the SpeGificatloni. I❑ 4a T :IES� t :IIL'REOF, this instrument has been duly executed by the pri r. ^;pal and r.urety nbove named, c Aunrt IRh 19b 2, Rl(}Mn:3 OF:Ni[fA ni.Vf r W,%Nd DEVf �Phlc(, MSLW{N'1/T f stephtn d. :;p,,noia. —• fly'____ / -� Attortuy -tn -fact , /yS forts fc. 104970 -A P4, E24M: L`1CU.= L100R Asn •!ATE^IA1,ME:1 30 ::D wREREAS, the City Council of the City of Ranc F.o Cucamonga, State of California, and RIMKM ne'E196 NP GQ+FAVY (hereie.fter designated as 'princips,) have enreret Into an acrcement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 198_, and identified as project start 9048 as hereby referred to and -ado a part e rem o:; and , WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (cc.— .mencina 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 corcorate surety, are held firmly bound unto the City of Rancho Cueemonca and all contractors, subcontractors, laborers, material..., and other persons employed in the performance of the aforesaid acreement and referred to in the aforesaid Cede of Civil Procedure in the sum of nma hundred and nine thousand and four hundred and fift and 00/1 --------- (,� 109,4mSS0 ) ,—Ter na rrals urnisned or later t ereon o any kind, or too an ova is 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 bre:;cct upon this b will pay in addition to the face amount thereof, costs and reasenabl e xne Imes and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fir4ed 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 0, Division 3 of the Civil Code, so as to aive a riche of action to them -r their assigns in any suit brought upon this'bord, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration no 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. TD WITNESS I.HOREOF, this instrument has been duly exIcuted by the princip j; and surety above named, on August 12th 1992. RIQ [Vp1rNi•4NP r rt+lhY DEYF PER.S LN6U '.\'Cf. RTV+; 4y r Swptrn A. urxxnolo' . Ry; Attorneyao -fact • )y9 J SUBDIVISION OUTRT].EE ;:0 r-RR'r OMM:CE (SITTING OF FINAL 90%UMF.FTS) city council city of Rancho Cucamonga P. 0. Box I 93 Rancho Cucamonga, California Gentlemen Pursuant to Article 8 of CiLy Ordinance ,'a. 28, the undersigned hereby agrees that all moiomchts shown oa the final map of Tra OgqR to to be set and f. -niabed by the subdivider's engineer ors veyor on of before nut.St 1964 , as specified In he certificate of Foci ... r and agrees co furnish the notes thereon as required by Chapter 4 Article 9, and to complete all engineering require...[. specified in Section 66499,.£ the Subdivision Map Act. The undersigned hands y.. herewith the sun Of $ 2.500.00 ash deposit, said deposit to guarantee that the monuments will be set and the notes furnished as above provided On or before the date specified and that the en'soneer or surveyor will be paid by the undersigned. Ic is father understood and agreed that in the event the undersigned falls to ..- place the above requirements within the time specified, the City of Rancho Cue amcnga IS authorized to complete said requirements or cause than to be CO Plated, and the cost thereof is to be a charge against said cash de pas it, and the City of Rancho Cucamonga is authorized to make the necessary transfer from said cash deposit to the • credit of the proper city fund. It is further agreed that if the undersigned does not present evidence t0 the City Council that he has paid the engineer or surveyor . , the setting of ct_ final mou-marts, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the subdivision Map Act, the City shall pay to said engineer or surveyor, the cash deposit herein made. . If the cost of completing said require.ene. a eeds the ..out of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual cost of said requirement. /V c,{ruly y Fve /a'. ✓Ce ✓n / /FtEI �F i Su�dlvii ei �( // f Data The do any Portion nC.: the cash .,a)A.tT eGrd pose ter of record (Cot return of any part£.. o[ the cash dep0 ail shall To be s. „.rd by p.rt releasing his riche: to the ra:b :Wpo:,lt o, S il hlrruy acknnmledged D.p. <IC Permit N.. City of honcho Lu...mougn NOTE: T. be subnilt, fully filled Out 'all .lined. BY: `f ig lnal; f.l[y Carnal .- )) —Ln�. r 1 cold C,.py.; ru aandlvlder / '� D 0 I • ,-rry roc o A n� r-1 v A %x> _A rt1Cn•Nn. STAFF REPORT ir C August 26, 1982 1977 To: City Council and City Manager I From: Bill Holley, Director, Community Servi c Subject: Authorization to Award Lighting Contract to Owens Electric for Lions Park This project, authorized by Council Resolution 81 -86, has been in the making for sometime, due primarily to lack of serious interest from qualified bidders and our leveraging the calendar to our advantage. Circumstance in the economy now makes it opportune to complete the project. Background: The Roberti-Z' Berg Grant Fund from the State of California, a 75• - 25% State - Local match program, authorized $12,000 in State funding for a project in Rancho Cucamonga. Rancho delayed submitting a specific project until several days before the deadline to keep our options open, with an eye toward acquisition. As nothing concrete was materializing in that area, Council authorized the much needed lighting improvements to the Lions park Facility. At that time, price estimates given by contractors for exterior lighting only, hovered around the $15,000 +/- level. As times and economic conditions have changed since then, we can now provide both exterior and interior lighting modification for roughly the same amount. This is what was meant by the earlier comment about 'leveraging the calendar to our advantage'. The Project: The project would consist of installing: 1) Six new multi- fixture heads on existing poles in east parking lot. The County owns the parking lot and will continue to pay utility coats if City provides maintenance of the fixtures. This is an extremely good deal from our perspective. (The reason why the library agreed to this is the High Pressure Sodium fixtures are much more energy efficient than the incandescent ones now in place and will not increase the cost for energy for a much improved system.) 2) Two poles installed in concrete bases with fixtures in west parking lot. 3) One sign lighter for front of Community Center to provide nightime identification and address location. /sr 4) Photo cell timing system. 5) Emergency lighting in Council Chamber, Lions Hall, Restrooms and three classrooms. 6) Track light fixtures. Total Price: $16,134.63. This would be funded with $12,000 from State and $4,134.93 from Park Development Fund. Comment: The improvements listed above are, with the exception of the track lights, all necessary and related directly to participant safety. The track lights are a functional improvement for activities and classes. Staff Recommendation: Authorize award of contract by the Community Services Department in the amount of $16,134.93 to Owen Electric for the lighting improvements listed above. BH /mw :4 a r-7 • 0 • • MY OF RANCHO CUC4MONGA STAFF REPORT August 26, 1982 U��u 1977 To: City Council and City Manager I From: Bill Holley, Director, Community Set Vi res Subject: Authorization to Award Contracts to Alta Rancho Glass and Heritage Flooring for Improvements to Lions Park Community Center. This project is proposed to be funded by the Recreation Fund which is separate and apart from the General Fund. The first part deals with placing mirrors upon the east wall of Lions Hall for the benefit of the dance, exercise, gymnastics and Karate classes which meet there. (Incidentally, it is the user fees from these and similar classes that make up the Recreation Fund, so in essence these improvements are user supported.) The Project: Affixing a strip of 10 4' by 6' mirrors to the east wall of Lions Hall. Total Price: $800 Staff Recommendation; Authorize award of contract by the Community services Department to Alta Rancho Glass Company (lowest bidder) in the amount of $800 from the Recreation Fund for installation of mirrors in Lions Hall. The second part of the project deals with removing the carpet in the hallway portion of the building and replacing it with tile matching that within the uncarpeted portions of the building. The reason for this change is that the phenomenal amount of foot traffic along that central corridor (along with the spilled soft drinks and coffee) makes it difficult to keep a clean appearance possible. The tile can be damp mopped each evening by our maintenance contractor, rather than shampooed every other week. The Project: Replace carpet in hallway with tile. Total Price: $1508.90 Staff Recommendation: Authorize award of contract by the Community Services Department to Heritage Flooring of Rancho Cucamonga in the amount of $1508.90 from the Recreation Fund for removal of carpet and installation of tile in hallway of Lions Park Community Center. �J J QTY OF RANKM CUCAM NUA STAFF REPORT 1 4 C F_ August 26, 1982 U 1977 To: City Council and City Manager From: Bill Holley, Director, Community Services Depar tm Subject: Agreement Between City and Marlborough Development for 6.65 Acre Park Site On Church Street east of Turner Avenue. As Council will recall, the Marlborough condominium project, fronting on both Archibald and on Ramona, brought about many community meetings, several continued public hearings and much negotiating. The bottom line of that process was, among other things, exchanging the 5 acre General Plan park designation covering a portion of MDC'a project area for a 6.65 acre site located a quarter mile to the east. This exchange provides an increase to the City in parkland dedication over what would have been the case originally. illustrating that point, MDC in now going to develop 383 townhomes. This translates to Ordinance 105 as follows: "• 383 x 5.0 x 3.1 x (65,000 + 40,000) $623,332 1000 `Less credit for private open space. Assuming that we had kept the original designation in place, that value would have been halved, or, $311,666. With the subject land in that location appraised at $65,000 per acre, in order to secure the five acres from MDC, the price would have been $325,000, or $13,334 above MDC's requirement plus the value for any approved private open space. So, we would have ended up with a five acre undeveloped park and a park development fund at least $13,334 less than we started with. MDC would have recognized a significantly lowered potential profit and may have elected to not proceed. A 'Lose -Lose' situation. What we have before the Council is an agreement between the City and MDC which is a 'Win -Win' situation. It is an agreement, which is self explanatory, setting forth a method for dedication, planning, engineering and developing the 6.65 acre site at the sole expense of MDC and setting a cap cost equivalent to the value expressed in the above cited formula. However, an appraisal of the Church Street site showed a lower value of the land, therefore, the City will benefit from a higher acreage development value than that required by the Resolution setting a "D" factor at $40,000 per acre. IKy 0 Rather than go through the details in this staff report on how the agreement works, it would be simpler to refer you to the agreement itself. Comment: While the location is not as good as the original site, the positive factors associated with this agreement make it a better deal for the community and for the developer than if we had proceeded with the original plan. This is a good example of using the General Plan for leverage while at the same time exercising the flexibility to meet the business interest benefiting our community. Also, this agreement now will protect our park interest connected with this project from any possible effect by SB 1785 (PORAN). Recommendation: Authorize Mayor to execute attached agreement. • • • City of Rancho Cucamonga AGREEMENT This Agreement is entered into in the State of California by and between the City of Rancho Cucamonga, hereinafter called CITY, and the Marlborough Development Corporation, hereinafter called DEVELOPER. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the CITY has a Park Dedication and Development Ordinance applied to residential subdivisions as condition of approval; AND, WHEREAS, the DEVELOPER is undertaking to construct a residential subdivision, known as Tentative Tract 11663, hereinafter called TRACT, containing 383 townhome units; AND, WHEREAS, the CITY Ordinance would require dedication and development, or equivalent in -lieu fees for the provision of 5.94 acres of public parkland from the TRACT, less credit for private open space contained internal to the TRACT; AND, WHEREAS, the DEVELOPER Owns a 6.65 acre parcel on the north side of Church Street east of Turner Avenue, hereinafter called SITE; • AND, WHEREAS, the DEVELOPER has indicated a willingness to design, develop and dedicate to the CITY the full SITE as way of meeting the requirement of the Park Dedication and Development Ordinance for the TRACT; AND, WHEREAS, the CITY, in recognition of the mutual benefit accorded both parties to this agreement, specifically a larger and more centrally located neighborhood park for the CITY, and, more developable acreage for DEVELOPER; NOW, THEREFORE* the CITY and the DEVELOPER agree to the following: FIRST: The DEVELOPER within 90 days of the execution of this Agreement shall convey to the CITY a free and clear title to SITE. Further, the site at time of conveyance will be in a state clear of debris and vegetation not of benefit to the Neighborhood Park Site Plan. SECOND: The DEVELOPER agrees to provide, at his expense, engineering and architectural services for the design of the SITE as a Neighborhood Park. The designed amenities contained within the Neighborhood Park, and the conf!guration thereof, shall be coordinated with the CITY through the t;nmmunity Services Department, Those designed amenities shall include standard roadway improvements, a lighted, paved and striped parking area, restroom facilities, and walkways; playground /tot lot area, picnic facilities, and an unlighted softball field with backstop; and, all trees, turf, shrubbery, automatic irrigation system deemed appropriate to a proper design of the Neighborhood Park. ! The CITY maintains final design approval for the Neighborhood Park. . The DEVELOPER shall provide to the CITY within 30 days of the execution of this agreement, a preliminary site plan of the Neighborhood Park, where upon a design review process will transpire. The DEVELOPER will cause to be made such changes to Preliminary Site Plan as mutually agreeable to the CITY and DEVELOPER to gain CITY approval of the Site Plan. Upon written acceptance of the Site Plan by the CITY, the DEVELOPER will cause the Site Plan design to proceed to Construction Drawings. These Construction Drawings will be delivered to CITY within 45 days of acceptance by the CITY of the Site Plan. Any technical corrections required to the Construction Drawings by the CITY will be the responsibility of the DEVELOPER. These corrections will be made within 10 days. THIRD: The DEVELOPER will, prior to or concurrent with recordation of the 8th phase of project, construct or caused to be constructed the Neighborhood Park to the specifications in the CITY approved Construction Drawings. The DEVELOPER will provide a 60 day plant maintenance period after written acceptance by the CITY of the installation of the plant material. At the end of the 60 day maintenance period, a final • inspection will be performed by the CITY to insure the healthy state of plant material in park. Should the plant material not be in a healthy state at the final inspection the maintenance period may be extended by CITY in 21 day increments until such time as a healthy state is achieved, whereupon final acceptance by the CITY will occur. Final acceptance shall occur prior to recordation of the 10th phase of the project. FOURTH: The DEVELOPER's financial responsibility toward construction of Neighborhood Park described in THIRD above shall not be required to exceed $285,644.36. DEVELOPER will, upon request by CITY, provide to CITY all financial records connected with THIRD above. FIFTH: This Agreement shall be binding upon Successors or Assigns to DEVELOPER wherein the TRACT is concerned. SIXTH: It legal action is brought about through any provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in said action. • �z 7 For the CITY For the DEVELOPER Marlborough Development Corporation City of Rancho Cucamonga Attested: • City Clerk City Attorney • Name Title Address 0 • 41 QTY OF RANCHO CUCANKMA STAFF REPORT Date: August 26, 1982 To: City Council and City Managcr 1977 From: Bill Holley, Director, Community Services Department Subject: Report to Council on Reactivation of Corps of Engineer Recreation Element at Cucamonga Creek /Demens Channel During th^ last several years, Lloyd Butts and myself have at every possible opportunity attempted to get a positive response from the Army Corps of Engineers, or anyone else who would listen, on reactivation of the Recreation Element of the Cucamonga Creek Project. The County abandoned its support as you recall of the Recreation Element in 1979, which was then put into the Army's inactive file as dead history. During the discussion with the Corps on Channel Beautification, which the Council considered several months ego, another opening occurred to discuss reactivation and we took it. This time the Corps said yes it was possible, it just hadn't been done by a City before, only large districts, counties or states have acted in the capacity as local sponsors. But it could be done. The details of how that could transpire are spelled out in the attached letter from myself to John Shone, County Engineer. On August 19, we received a positive response from the County to our correspondence, which is also attached. Pam Henry and myself have had two informal meetings with the Corps and have a design concept meeting with them again on August 31. what we will do is construct a "shopping list" with attached prices for Council to decide on the scope of the project, or, Whether there is even to be a project. Staff request Council direction: 1. Do we proceed informally with the preliminaries to reactivation and come back to Council to formalize the process when the financial scope has been determined; or. 2. Do we not proceed, knowing that two years down the road we will be called upon to deposit a quarter of a million dollars, plus or minus, with the Corps for construction? (The quarter of a million dollar figure could be far less or far more, depending upon the scope of the project as determined by Council) Staff Recommendation: Direct Community Services Department to proceed on preliminary process to develop project scope options. /59 ENVIRONMENTAL PUBLIC WORKS AGENCY •5 East Third Street - San Bernardino. CA 92415 • (714) 383.1718 • L] August 19, 19P2 Mr. William L. Polley, Director Community Services Department City of Rancho Cucamonga 9320 Baseline Road, Suite C Post Office Box 807 Rancho Qtcamonga, CA 91730 Dear Bill: COUNTY OF SAN BERNARDIN• JACK E. PEOOY.Administmtor Oe .W Admini,vamn EARL COLEY MAR V IN SHAVI JOHN SHONE In response to your letter of August 13, I will be happy to prepare an agreement for joint use of flood control facilities with the City of Rancho Cucamonga. It is my understanding you wish to use certain district right -of —ray for equestrian trails and bicycle routes. Please send me a list or a description of the facilities you wish the joint use agreement to cover. The District will prepare an agreement for review and approval by the City Council and the Board of Supervisors. JRS:ch cc: Bob Tngram Very truly yours, John R. Shone Deputy Administrator for Public Works 1t "` "` " °F� CITY OF RANCHO CUCAMONGA Charles J. Bu9uA 11 James C. Frost C+4- jh Richard M. Dahl Phillip D. Schlosser August 13, 1982 John Shone, County Engineer 825 East Third Street San Bernardino, California 92415 Reference: Cucamonga /Demens Trail Easements for Bicycle /Hiking /Equestrian Use Dear Mr. Shone: Since our meeting in your offices last April 6th, we feel significant progress has occurred toward reaching compatible use of the flood control rights- of-way for multi -use trail purposes. Specifically, after continued persistence, the Corps of Engineers has indicated • that the recreation element of the Cucamonga Creek project, while inactive at this time, can be reactivated with the City acting in capacity of local spon- sors. This reactivation will of course be on a scaled down dimension from the original recreation element of the mid- 1970's, which the County abandoned its local sponsorship of due to financial constraints. The Corps indicates that bid /construction, after necessary preliminary conditions are met, would occur in the late Summer or early Fall of 1984. Those preliminary conditions referred to in the proceeding paragraph were discussed at a meeting held at the Corps offices in Los Angeles Thursday, August 5th, attended by Corps representatives Dennis Marface, Ruth Chase, John Williams, et al, San Bernardino County Flood Control District Represen- tatives Mina Ghali and Jack Kruse, and, the City of Rancho Cucamonga as repre- sented by myself. In summary, the preliminary conditions are basically as follows: 1. A letter to the Corps from the City stating our desire to act as the Local sponsor for the recreation element of the Cucamonga Creek project, and outlining the scope of the project we envisioned. (lie are currently meeting informally with the Corps to determine what amenities are possible and their related cost. Through these discussions, the scope of the project will be developed based on selection of possible amenities matched with available fiscal resources.) 2. The City acting as local sponsor will enter an agreement directly • with the Corps to deposit with Corps, 507, of the estimated construc- tion cost at the time of bid solicitation. This bid solicitation would occur in the Summer of 1984. I >i 9820HASELISF1 ROAD, SCITEC s POSTOFFICE IIO$ P07 • 11dSC110 CIICAM0SGA.C. %1JF'0R%1:191730 • 1710999 -Ml John Shone, County Engineer August 13, 1982 Page 2 ri LJ 3. The City acting as local sponsor will have to demonstrate evidence of an agreement between the City and County permitting the use of these public rights -of -way for trail purposes. It is this third preliminary condition, an agreement between the City and the County, that should be moved upon at this time. The reason is obvious... no agreement... no project. From your standpoint, John, I can understand a concern that may have been developing as you read this letter...'the County is being asked to enter into an agreement to allow City /Corps construction of unknown and undesigned improve- ments on County owned property. Isn't that a little like being asked to buy a Pig in a po"O, It comes down to a which comes first type of situation... the agreement or the engineering design. Without an agreement, the designs will not be done ... but without the designs the County will be understandably hesitant about entering into an agreement. To mitigate that concern, which I don't feel is unwarranted, I would propose that an agreement be executed between the City and the County that would contain, along with the standard boiler plate, the following principles: 171 1. The City would have the right to access defined portions of the public rights -of -way of the Cucamonga Creek project for the pur- poses of bicycle /hiking /equestrian uses; 2. The City would assume all maintenance of property and liability for incidents occurring within those defined portions of the public rights -of -way which were a result of activities arising out of or in connection with the recreational use of the trail system; 3. All improvements proposed by the City or City /Corps would be sub- mitted for final approval of the County; 4. All recreational improvements constructed by the City or City /Corps would be totally maintained by the City. Sliould the concept cited above be an acceptable premise upon which to proceed, we would draft a preliminary agreement for Board and Council consideration and ultimate action. Of course, if you would prefer to draft the agreement through County Counsel we will defer to your preference. ldFdle 1984 seems a long way off, as you know, in dealing with the Federal Government it is like only day after tomorrow. We would like to proceed on this matter as expeditiously as possible to insure its success on behalf of the community we serve. . JG-n • John Shone, County Engineer August 13, 1982 Page 1 toThank you for your consideration of this matter and we will await your earliest possible reply. • • Cordially, William L. Holley,, Director Community Services Department WLH:nm cc; City Council City Manager Mina Chali, San Bernardino County Flood Control District Jack Kruse, San Bernardino County Flood Control District Pam Henry / I r J • STAFF REPORT August 27, 1982 To: City Council and City Manager From: Hill Holley, Director, Community Services D Subject: Formation of Park Advisory Commission The Council gave staff direction at their regular meeting of August 4, to prepare recommendations regarding the "technicalities" of formation of a Park Advisory Commission. This report will be aimed at the mechanics and Council options involved. The Advisory Commission • Should be advisory to Council on policy issues such as, should a recreational facility be placed in location "A" or would it be better located at "e "; • Should be Advisory to Council and Planning Commission on site Plan design of recreation facilities; • Other items which Council refers to Advisory Commission for response. The Membership • Should be 5 members; • Should have overlapping 4 year terms of office, • Should be individuals with a wide scope of interest and broad based community involvement. Meetings • Should be once monthly and open to the public. Council options 1. Determine to form Commission, outline its scope of responsibility, and give staff direction to prepare an appropriate Ordinance for Council action 2. DDetrmine not to form a Commission. 3 Refer it to the Advisory Commission for their study and recommendations. BH /mw I (O 'l 0 Rancho Cucamonga City Council P.Q. BON 807 Rancho CuoamonLa, Ce. 91730 "Dear Iayor nikels and City Council Newbers It has recently come to my attention that the council is considering the formation of a Parrs and Trails Commission. S am in favor of such a connissaion for our city. A strong and active Parks and Trails Commission :could be a major force in helping to mobilize the many citizens of our community who are eaCor and able to acheive goals which the city alone, with itc limited funds, seems unable to accomplish. !lease create this such needed Parks and Trails Commission and give is the _:over to do the job for our ir,tire city. Sincerely, ' c r Rancho Cucamonga City Council P.O. B0% 807 Rancho Cucamonga, Ca 91730 Dear 1:aycr !:ikels and City Council Members It has recently come to my attention that the council is considering the formation of a Parrs and Trails Commission. I am in favor of such a commission for our city. k strong and active Parks and Trails Commission would be a major force in helping to mobilize the many citizens of our community who are eager and able to acheive goals which the city alone, with its limited funds, seems unable to accomplish. Please create this much. needed Parks and Trails Commission and give it the power to do the job for our intire city. Sinceroly, Rancho Cucco.onga City Council P.O. So:: 807 Ranct.o Cucamonga, Ca. 91730 Dear Qyor !Ahels and City Council rewbers It has recently cone to my attention that the council is considering the formation of a "arks and ' =rails Cor.nisnion. I an in favor of such a c.,mnission for our city. N strong and active Parks and Trails Commicsion would be a major force in helping to mobilize the many citizens of our community who arc eager and able to acheive goals which the city alone, with its liritod funds, secon unable to accem lash. ;lease create this ruck noedc:d ?arkc ane ':raps Cor.e.iosion and give it the lower to do thr. job for our intire city. Sincerely, 0 • C , J Rancho Cucamonga City Council P.C. Bo:: 807 Rancho Cucamonga, Ca 9&1730 Dear ?:ay,-,r :.ihels and City Council Members It has recently come to my attention that the council is considerinE the formation of a Parrs and Trails Commission. I am in favor of such a cun4ission for our city. A strong and active Parks and Trails Commission would be a major force in helping to mobilize the many citizens of our community who are eager and able to acheive goals which the city alone, with itc limited funds, seems unable to accomplish. Fleace create this much. needed Parks and Trails Commission and give it the ^over to do the job for our intire city. Sincerely, 7 Rancho Cucamonga City Council P.C. Bon 807 Rancho Cucamonga, Ca 9!730 Dear !:ay-,r !:i-.els and City Council rectors It has recently come to my attention that the council is considerinL the formation of a Parks and Trails Commission. I am in favor of such a cam "ission for our city. R strong and active Parks and Trails Commicsion would be a major force in helping to mobilize the many citizens of our community who are eager and able to acheive goals which the city alone, with its limited funds, seems unable to accomplish. Fleace create this much needed Parks and Rraile Commission and give it the power to do the job for our intire city. Sincerely, ►a9 • 1!A®OF ..,. Qs ®s Awma MIsmes as =t C,WC,m,I Ylori icarlrcr 1>-",-i4�4 League of California Cities z Sacramento, California August 11, 1982 TO: TIIE HONORABLE MAYOR AND CITY COUNCIL RE: DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE Dear City Official: The most important aspect of the Annual Conference is the General Business Session at which time the membership takes action on conference resolutions. It is especially important during these times of uncertainty for California cities to take the initiative in developing positive programs for the future. Annual Conference resolutions will guide cities and the League in our effort to improve the quality, responsiveness and vitality of local government within this state. All cities should be represented at the Business Session on Wednesday morning, October 20 at 10:00 a.m. in the Town and Country Hotel, San Diego. To expedite this important policy- making meeting, each City Council should designate a voting representative and an alternate who will be present at the Business Session. The League Constitution provides that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by Mthe City Council on the enclosed "voting delegate form." If the Mayor or a member of the City Council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the City Council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or Alternate. Please forward the enclosed "voting delegate form" to the Sacramento office of the League at the earliest possible time, so that the proper records may be established for the Conference. The, voting delegate may pick up the city's voting card in the League Registration Area, Lower Level, Conference Center, Town x Country Hotel, San Diego. If it becomes necessary for the voting delegate and the designated alternate to leave the Conference, the card may be transferred to another official from the same city, providing the transfer has been cleared with the Credentials Committee, which will be responsible for distributing voting cards. It is suggaAod that the Mayor and all council Members from a given city try to sit together at the Business Session so that, if amendments are considered, there may be an exchange of points of view and a consensus arrived at before the city's vote is cast. Your cooperation in returning the attached "voting delegate form" as soon as possible will he appreciated. Don Benninghoven I)BAII Executive Director Attachment HEADQUARTERS OONFERENCE REGISTRATION OFFICE SOUTHERN CAL OmNA OFFICE 14O0ISTREECSAQRAMENTD951111 HOTEL CAREMONT RERIEL EY W105 900VA( SHIRERLVD, SUITE ID2.LDSANGELEa9E017 19161N SIN (A15)a1J']C9J 1213) 6244" /73 r l rITV nm nANruO rI Tr AVONf`e City Staff is completing final production of the Draft Etiwanda Specific Plan. The entire plan is scheduled to be available for public distribution after Friday, September 3, 1982. Staff has held two work shops with the Etiwanda Specific Plan Advisory Committee to discuss all components of the draft plan. Their input has been useful in helping to complete modifications on the draft plan prior to printing of the full document. The Document will be divided into two parts. Part I consisting of the policy plan which has already been viewed by the Advisory Committee through public review process and Part II which contains the regulatory provisions to implement Plan Policies. A more detailed outline of the text of the plan is enclosed with this report. In addition, staff is now preparing a Draft Environmental Impact Report which will be available with the public review process as the Draft Plan goes forward for review to the Planning Commission and City Council. It is anticipated that all members of the Advisory Committee, Planning Commission, and the City Council will receive a copy of the Draft Specific Plan on Friday, September 3, 1982. The Etiwanda Specific Plan Advisory Committee has scheduled a public meeting for Saturday, September 11, 1982 at 10:00 a.m. at the Lions Community Forum to review the plan and take public input. This meeting will be an all day session in order to provide the greatest opportunity for public input and committee response. if necessary, the Committee has scheduled another meeting for Tuesday, September 21, 1982, 7:00 p.m., at the Lions Community Center for consideration of any additional changes. We anticipate that the review process with the Advisory Committee will be focused on specific details which are limited scope, thereby assuring completion of the review es scheduled. Following the Committee's actions, staff will make final changes and prepare the document for presentation to the Planning 1 *7l STAFF REPORT�v C!; Q x F'; D 2 DATE: September 1, 1982 U > 197 TO: Members of City Council and City Manager FROM: Jack Lam, AICP, Community Development Director BY: Tim J. Beadle, Senior Planner SUBJECT: STATUS OF DRAFT ETIWANDA SPECIFIC PLAN City Staff is completing final production of the Draft Etiwanda Specific Plan. The entire plan is scheduled to be available for public distribution after Friday, September 3, 1982. Staff has held two work shops with the Etiwanda Specific Plan Advisory Committee to discuss all components of the draft plan. Their input has been useful in helping to complete modifications on the draft plan prior to printing of the full document. The Document will be divided into two parts. Part I consisting of the policy plan which has already been viewed by the Advisory Committee through public review process and Part II which contains the regulatory provisions to implement Plan Policies. A more detailed outline of the text of the plan is enclosed with this report. In addition, staff is now preparing a Draft Environmental Impact Report which will be available with the public review process as the Draft Plan goes forward for review to the Planning Commission and City Council. It is anticipated that all members of the Advisory Committee, Planning Commission, and the City Council will receive a copy of the Draft Specific Plan on Friday, September 3, 1982. The Etiwanda Specific Plan Advisory Committee has scheduled a public meeting for Saturday, September 11, 1982 at 10:00 a.m. at the Lions Community Forum to review the plan and take public input. This meeting will be an all day session in order to provide the greatest opportunity for public input and committee response. if necessary, the Committee has scheduled another meeting for Tuesday, September 21, 1982, 7:00 p.m., at the Lions Community Center for consideration of any additional changes. We anticipate that the review process with the Advisory Committee will be focused on specific details which are limited scope, thereby assuring completion of the review es scheduled. Following the Committee's actions, staff will make final changes and prepare the document for presentation to the Planning 1 *7l l STATUS OF DRAFT ETIWANDA SPECIFIC PLAN City Council Agenda September 1, 1982 Page 2 Commission now tentatively scheduled to is anticipated that the Commission will to conclude their review of both Part I recommendations will be forwarded to the and adoption. Iy submitted, Jlul CP - -- Community Development Director JL /TJB /kep Enclosure 1 %a occur in mid- October. It require several meetings and Part II. Their City Council for review ETIW.ANDA SPECIFIC PLAN CONTENT The Etiwanda Specific Plan draft text consists of two major parts: PART I is the foundation of the Plan as it contains policy decisions about major components of the document. Part I includes: CHAPTER 1: INTRODUCTION, introduces the document and contains the necessary legal provisions. CHAPTER 2: SETTI' describes the project area setting and outlines the areas co s ncern and potential problems. CHAPTER 3: GOALS 08 JECTIVES AND POLICIES, identifies (1) what the Specific Plan is trying to accomp ish, and (2) defines a set of ground rules to be used in developing appropriate solutions in each of the topic areas. N CHAPTER 4: CONCEPTUAL PLAN, (1) outlines the evolution of several concepts that form the basis of the Plan, and (2) presents an over- all picture, in conceptual terms, of what the various Plan components do and how they are interrelated. `il PART II contains regulatory provisions necessary to carry out the policies and concepts. Part II consists of: CHAPTER 5: STANDARDS AND REGULATIONS, is designed to stand on its own in that it contains a substantial is of what a person needs to know in order to submit a development proposal in Etiwanda, in- cluding detailed development standards. CHAPTER 6: IMPLEHENTATION, contains a description of how the pro- visions of ay the Plan m be implemented. In addition, a Draft Environmental Impact Report is being prepared by the staff. 1 -7 3 q�'r4;fca[�,s OFDI::TSCE ::0. 732 AN OUr.OV4CE OF THE CIS:' CL:CIL OF TOE CITY OF FON7A::A C'E.tTix CYlu4ER 34 OF ME CODE of ME CITY OF FONT.VA Ct TI;A A MOBI.LE Bm2 RENT REVIEW CW.- YISSIO%, h£CLIFING P,!E L3tG£ :C'i TAtyEGF i Oi FROCIDEIG MJ%T SMIS ORDINANCE SHALL TA12 EFFECT ^_ . L'SELY. THE CIT:' COUNCIL OF THE CITY OF FO :IT :AC:A WES ORDaV AS FOLLO` :S! S<c cis n: 34,01 purpose. )4,02 Definitions. abllicy. Applicability. 34.04 Crearea. Created. 34.06 ewers of the eo ®issicn. 34.04 Initiation of inn revive. arbitration and hearing proces e. 34.07 de t fund. gearing deposit fwd. 34.08 Reduction in services provided. 34,00' Civil remedies. Civi em 34.10 34.11 epar.b111ty cy. Separability. 34,13 tent increases. 34,13 Inereasa upon sale .r rransft c. , 34.01 jEU m.. The city council finds and declares it necessary to Protect the owners and occupants of mobile homes from w-.: easanabia rent screasea Mile ac the save time « e.gnL Sing the need of the park own ers to receive a lei: .turn or. their investment and rental increases sufficient to cover the increased cos. of .pairs, ..Jet .... ce, iesucents, upkeep and additional ..eni- ties. 33.02 Definitions. Foe the purposes of this chapter, ohs woad, sec out in this s . ccioni shall have the following meanings: A. "Comol,.k." scans the ..bile home rent cevieu commission establmhed by section 34.04 of this chapter. B. "Member." means commission.,, of the ..bile home tint review commis - .i.e. C. "Space rent" means the consideration, including any bonw, benefits or gratuity demanded or received in connection with the use and .,,open, of a mobile hone spot. to a mobile he. park, or for the transfer of a Items foe park space, services and amenities, .ubiecting and ..,.city deposits, but exclusive of any amounts paid for the u e of the mobile home duelling post. D. "Mobile how park owner" means the owner, lessor, operator or manager of a nubile Mme park within the purview of this chapter. E. "Mobile home tenant" or "Tenant" means any person entitled to occupy ...bile hone dwelling unit pursuant to nwnerehip thereof of a renal of I .... ...... no, with the Owner thereof. F. "ease ,set" seam the apace rant charged for any "bile h... dwelling unit space in effect for chat op... on August 1. 1982, or any sub- sequent space rent which has been act in accordance with the regwire- .ents of this chapter. A. The provisions fo this cbapteG shall apply to any mobile home park .wt. the city• B. None mf the pr.vini,ne of this chanter shall prohibit any tammt of a mobil, home park from ,nt,,Ing iota . ,mile" tense with the .wgte of said park vhirh, by its terms. pr0vaA0s for rental 'ncr.ases Greater than would be ill ... d by this chapter. 34.04 Urn tired. - A. Thar. is ,o•nt vd wi0in the city a mobile home rant ravlww c,misai.n, cnnv +t tn4 •'i live reGm lair the .van „rnhip of which .boll be appointed rat by I,. rlv c inl to ­'I.. :v. ml!', ale sni t., and thine at ter rate 1111,11 m brncb—cii `'v she :u. ,ulv -,.comas ,cbj,,,t to up prow al by the - acy c.unill. I �,y B. One of the [c¢v:a.- : rovers shall' re + moot.. no.-. .coat.. one ...a -i� be aelec-zv by [be cnc: C —oc-.. C. Ono of t A rcular nenbers shall be a mobile home park weer, cperatar me manager and s bell be aeltcced s. the c11': C..nail. D. The :hard, fourth and :fifth regular members shall be neither c ie home tenants nor mobile home Park a er r opators a nagers. but shako be selected by the city council from a list of appilc an is at large. E. One of the alremate m tubers shall be . mobile home c non' and shall be selected by A majority vote of the five regular members. F. One alternate member shall be a mobile home park omor. operator or manager and shall be selected by a majority voce of the five regnia; memoers. G. One alternate member shall be neither a mobile home tenant nor mobile home park owner, operator o nager and shall be selected b majority voce of the five regular members from a v list of applicants at large. N. Each a • arge member of the commission. both regular and altet-..Ate, shall be a permanent resident of the city. 1. No member of the c mmission, either regular or alternate, may Parti- cipate in the hearing or decision of a petition concerning a mobile note me park in which he or she resides of has a financial or management interest. J. the three a[ -large regular members shall be appointed for tera of one year, two years and three years respectively. K. The regular member who is the mobile home tenant shall be appointed for a term of three years. L. The regular member who is the mobile home park owner, operator or manager shall be appointed for a term of three years. M. The three alternate members shall be appointed for a tern of three yenta. N. No member of the commission. either regular or alternate, may serve eon Chan two conseeu rive full terms. 0. A member chosen to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member whom he or she is to ..creel:. P. A vacancy in the commission of one of the ao-large positions shall not impair the right of the remaining members to exercise the pavers of the commission. Three affirmative votes are required for a ruling or decision. p. M alternate member may only replace a regular member of the same category: tenant; owner, operator, manager or at- large. The alternace members .hall sit on the commission when his or her corresponding regular member is either absent or disqualified. R. Neither regular nor alternate members of the commission shall be eomnensiced for their services an the c scission, but shall be entitled to receive the s of thirty dollars ($10.00) per person, per hearing, and a mammon o st ty dollars ($60.00) per day, when hearing complaints from the tenants of a park with respect to a rent increase by she park ownership as hereinafter ercv,ded. 14.05 P,wers of the r nclan: Within the limitations provided by law, themssion shall have the coliovmg powers: A. To meet from 4me to Clow as requested by she city manager, or n [be IIItnR of a pelt. un after the failure of arbitration, and co utilise u[y nfflres and /el facll(ttvs as nlededi so B. To reeetve, l escigate, hold bearings en and pass upon the pccinuns of I me [nndn[a as it firth In this chapter; -Z L_ 1 IBS It atplblri` a ..']!r. a. ^�1�i .a .tel .•�](, ... :Set"a l :e ::. .alas] .Is ..., a lame e+•.:.a, of !heir beartnce and lavexeaoa :ens: E. To render, at less[ semiannual!,'. a c o - n:harni.c written resort to he c.. council concernrne their activleies,: ,tnzs. acttlbl, or heartnes and all other sate,!, pertinent .,. .. :bapter '+ .c - v e of interest to the oily council. All such reports are ten be r zters o ;ob:,.- record which may 'al viewed at the office of the :iti clerk or may be capital upon vratmen reguest therefor and tern p .Tent oi appropriate cast of rep --cec- .to.; I, To adopt, promulgate. astral and rescind adminis :rative rules rb .(Sect..!. the proposes and policies of -his chi?cer; G. To maintain and keep at city hall. mobile hose cent review heat c-b files and dockers listing the time, date, and place of hearing, the s involved and the final disposition of the petition. These files and dacketa are to be a matter of public record and are access Cole to the public according to the rules std procedures enunciated in subsection E above; M. To assess such unbent. of money agalhst the hearing deposit fund upon the conclusion of the hearing, a. may be reasonably necessary to compensate the members of the commission in accordance with the ptavisions set torch is subjection R of Settle. 34.01, not to exceed the a= of three hundred dollars and to assess such amounts of money against the heating deposit fund upon contlu- %Joe of the hearing, as may be reasonable to compensate for clerical duties performed by city staff, not to exceed three hundred dollars. 34.06 Toltiation of commission review. arbitration and hearint process. A. Upon the written petition of the residents of more than .fifty percent of the spaces of a mobile home park, ,he will be or have been within a slxty- doy period subject to a .peal me ..rvice charge increaaa, the e.mus,. ion. shall review the petition, The review shall result in one of the following two welfare: 1. If the rent increase which is the subject of the petition coaputes to the lesser of either .even percent of the base rent or wee hundrsd ,.neat of the percents g< by which the tom Angeles - Long Beach - Anahein Metropolitan Area Consumer ,rice fallen for Urban Vags garners and -erica, Umkars, as raported to the U.S. Buse au of Labor Statistics has increased in the welve months immediately preceding oho off ... 1.4 dace of the subject rent increase. the petition shall be denied. Only one such rent increase shall be allowed in any twl•n -monvh period, 3. It the petition is not denied pursbont 1. aubs<crion A. 1. above, it shall be certified tar arbic:anon. S. it a petition is certified for arbitration pursuant to the provision of sub..•ctton A, 2, of this section, one of the tallowing pros educes shall be fixed: 1. The b will ll by c a .ued by 'he c'nalroan of the commis- Sion wan will lot as the arbisrntor. 1. Tlw erhi ... tlon ;brill `. , an info r -]l, nonbinAtno, emceed ia; far t`:u nu:posv of raoivtn ; :he :es r,,rl,.d in the ,atitian vitboul thu need for a full bean nr{ buiore roe c... t,mml. 3. The ar Sitratnr shall, within thtr l•: dove of the certification of the pettlinn by the c ..alon, hive at tst fifteen days wfill" notice to the partl••x ea s oa the 1rMtt.1t i,:n. The notice maw bas either ,normal{, d,j:,e,, -d or ova, by United St.¢ es all to thr add .... a. wit 0,, par. :.n an :tIo vi C, 'It. ...rtm .,t.m. The notice -;hall cow r b.e Jac.•, 1 m- nri Lcataon a. toll: at i.�n p(oc nN In gs. The r,ticv ..:ant :,., ,a1 `r ri ;4t ab- .. o . . ,I:al . .'l,o npnon tt.i: ,ntn.m .,yin 1.1 n.. e,nie wit to ❑:v ,p rncvvI :nos. I !7t, Foilooi -c .he n,.cedecex :er the aro :a omen. to be n ii _ be the <cxof ell.. and rev [need 'o^ tic- tr •x L. to time.sthe n� [rater shall caae his [ecamaendatme. This racommeldation ail; b be made by written notice ii [hw parties within five days of the t.'vinat[on of ohm arbitration oroeaed,n,s. S. An party Ans atisfied with the result of the arbi:Tatton It's. within fitreen days of the written decision of the arbic :.tor. file a written request. for a hearing before the cc v[Tsmn, fie Teeuest is to be filed wish. the office of the cit clerk the hours of 8:00 a.m. and i:M p... Monday :hr. -O Fird.y. b. The party requesting the hearing before the commission shall have the burden of proof at zhe hearing. Such burden shall be satisfied it the party proves their case by a p,.,btder.." of ebe evidence. C. It s fall commission hearing is requested the following a,.cad.rc. .hall be used: 1. Ac the requoc of the Chalman, be pe[iti ... r shall produce such records. receipts or reports as the commission may require. Failure to produce such requested items shall he sufficient basis for the commission co terminate the proceedings and deny the petition. 2. At be request of the Nat,man, the comer. vaoa {ere or up...... shall p,"a.. ap.eified fin d. tai records vich .....tc to ch. park. Ups. fail.,. of the gnat, as operator to peeduc. the resuested data, the chairman may issue A snip... directed to the worse, veager or operate. to produce ca the commission be requested brio". papers. records and documents in his possession at under his control relating n the affairs at chs .bile home park. ). Aiehin a parted of thirty drys felloving the request for a hearing at a time and place set by the commission for the ern emu tion of evidence as to chs propriety and /or rea.onablenea et the subject rent increase, written metre at the time and place of the hearing shall be given to be parties thereto net leas than fifteen days prior to the hearing. The notice shall be given by person delivery or by deoositing in the United States mail directed to the addresses an file with the commission. A reasonable comtinusnc., me to eared thirty days may M {ranged by stipulation of the parties or at discretion of the .omission. a, In evaluating rent increases before the coatission the following fact.,. bell be censidered by the cumabsian: a. lnticAses In utility races and property [axes: b. Insa,ance; C. Cavwrnmehint nasessmencs; d. Amortized capital improvement.; e. UpSrading or addition of sexennial or .,vices. S. The comntasion shall make a final decision no late[ than fifteen days after the c neltion of the hearing on the petition. All parties to the hearing shall be sent notice of the ruling of the eommtenion t, the add roe on file vlth the eemmisslan. d. in the a ant chat either the pen [inner n, caner, manage[, or 1per,inlr V. hm.IJ fail to appeir at the bearing, the eommtastpn r hems, and review a mh evidence as dry be pre.enged and p.ke aur.h Jer la,v ns .ms if hnth -,s,tiee had Seen prexent. 1. All parties to a hearing ray have the a.stxcance in presenting evidence or in setting inrth by argument their position, from an '11 -Iney or any such uthe, pu,a.n as may be d.a L,eatcd be said parties, tech party however, shall have only one sprkespcI'ob at the hems rtnn. A. All m.bit, hum. rent rev lets coariusien hoarl.t. shall he up-* 9. Any Juclsion of tn,- - n,, ,.ion .sat is supported by ., .,,Moe /7 tt «, .ier,"'. : n....t,..ne._. cane l,:: am .taw ::-c; oc, rhu .- •--t ., ::e nr..::. .mr. :here <nall Are, •;enu,a eb leh `• ve a n arllucrvd oy , w er. Or a naeife hone '� r . rocs exa a ^_d - -.not a :aed per +mn[eco'+ decrstae of ti,, c .miss En shall b "ci'+:av l ra fife tenants n late, zh :hire': da':s t- ..all... :tit nEr:Ce eElthe coeassalan's oec a:en an v. penttco. I- -. Any failure or e fusel c reap!: ''it:. at•. order a. the crcaission shall be unlaviu3 aada tisdemeanut. 24,0' Hearin' dmnef[ fund. With:' ten days (rem the dace of the request for a ht.ring 'o iare the co::'a us Sen. the nett', epe[ater or - ar.ajar shall deva sit with the co, fission the su: of six hundred dollars. Snit sue .hall be dead for the pymtnts of costs authoriecd by this cheater. Any fee Wining balance shall be returned to the owner, opt ..tor or manage I vtti:ia fifteen days of the .ailing of the notice of the decision of the com�usten. 34.03 Reduction '.n services mr,vided, No landlord shall redcce or eliminate tae service to a mobile home pare or co any tenant within any :.obil. home park unless and until a proportionate share of the cost savings It,u'c rz (rot such reduction or elininauon is p.,.ad on to the tenant tm N. Sara oa - a decrmee in . et. ' 34.09 Civil Remedies. A, My tenant Igg,iev.d by the wilful violation of any el the P':"- .for. of this eMpter may sue Cher eon and recover actual damage- therefor, plus a civil penalty not to exceed two hundred dollars for each ever. vialAtion- 1. The fact of env wilful violation of this cheater ts : be ced by the acerin'ed tenant as a defense to any action for unlawful deta 'a iner arau,at by the owner, manager or Operator it said unlawful detainer is based ,e eanpay- .are of rant. 34.10 Te_vination. Unless est ended by met i on of ehe city crune 1. the oIdUuac cadtfied his chapter shall [.,mina[t and be of no force and after, after Umcember 31. 1984. 7611 8em 'ability. It any s than, subsection. sent en<e, clause. phrase or po[Ue', this chapter is for any reason held invalid or uaconstl- tutional by any court of comoetent Jurisdiction, such partial shall be damned a separate, distinct and an lndenendent pro. ielon and such decision shall not affect the validity of the eeeatale, portions thereof. 34.12 Rent inereases. Any rent increases Ear which the notice nquin- ent of section 198.30 of the Civil Code has not aspired prior to the of, active data of this ordinance shall be subject to the provisions of this chapter. 34.13 leffe_ nnn` s.+le, or ttansfer. There shall be no Increase I. ehe ac,i:mt of rent charged for a spar Within a mobile hoc. park upon the sale or otlur transfer of title to a mobile home dwe lling unit placed thereon unless a lieu rcrease to apace erne is cha ,ed In at least :iffy (50'p percent of it [teal na ,sud spaced in the mob :le pore park. Tlus Ordl..a race is an u,,,rq- ard,mance and is pawed and becsnrs effee- tive r- aedi.uciv sere its introduction end it becomes effsrtlee t-- dutalY her in Onbnanrr rel.ltunq It lb.• ...bill health. ' fete mad valferc of he p.• ... le of tdr City of fenten a. : prevent : n —rcl.labla chnn ;a 17. rental tit,••:, nd ;"In, 'a the eiplratlan tit f laern (15) days from the passa.,e thereof, shell be ne4IL. hod by the- City C:erh at leant u r c in the 1,M114 flows, a nwepaPat of , nil rlrcnlnttnn, publl.hrd and elteularrd In the Cite of rrntaaa and thente- Lurth anal ihr tats n•r, the name dintl he in full feat and effect. �5- % Q oe- J APrBOYED %ND AOOPTCD this ;rd day of au Gwac. 1413. F, Ir It chu ..... 11-111. Ia— AFT-FT: Pa crtc is )1..`:urrvv r 1, PatrLP N. Murray, Clty Clerk of the Cl, of FPnEans and 'cx -Oii t<io Clerk of the Ctty Coancil, do hereby certify that the fore ce:ng Ordlamce vas by the following ice to -wit: AYES: Mayor Sim., C.uncltve. Day, Freeman, Koehler NOES: None ABbENT: Councllran Nragness /s/ Potsicta '1 City Clerk of the Cie: of roa.aaa 1, further testify that said Ordinance was thereupon signed by the Ma of the city of Fontana. -6- /s/ ratc;cia Clcy Clark of the Citea of Fontana I* r MEMORANDUM ; August 13, 1982 U ". U TO: City Manager and Members of the City Council FROH: Jim Robinson, Assistant City Manager RE: Appointments to the Rancho Cucamonga Advisory Commission The following is an updated list of the Planning Commission applicants who have expressed an interest in serving on the Rancho Cucamonga Advisory Commission and the current Advisory Commission members who have expressed an interest in continuing to serve: ALTA LOMA: Wanda Dixon C John D. Dunlap, II U. Sheryl Moody��� Sally Riehn g Carl Pete Stark Livia Lea Vallance -, Bradlee F. Williams(' Current Members Sharon Romero Helen Blanchard Anne Calinsky CUCAMONAGA: Jefferson E. Hill Sr. (I Mrs. Peter Kerdike;, L: Morgan Pahl -Henry (!, Peter J. Pita 5i [�t: Paul Saldana(3, _ Robert Wayne furner`j Current Members T. Harrell Allen Jim Mendez Macho Gracia /o5 Continued..... Appointments to Rancho Cucamonga Advisory Commission Page Two August 13, 1982 ETIWANDA: David P. Flocker ls'.��.- eil Westlotor C . Curre I. n nt Members Glenn Rankin Joe White Don Baer Attached are copies of their applications for your review, (Applications distributed previously) 40 JHR /vz Enclosure CC/ Lauren M. Wasserman, City Manager so /V G1'1'Y VN KANGKV UUUAMVNUA GUGMOk MEMORANDUM' , >il F' August 27, 1982 1977 TO: City Council Gt FROM: Councilman Dick Dahl SUBJECT: Request for Adjustment of Planning Commission Salaries Council may recall that during our budget discussion, we considered an adjustment in the compensation for Planning Commissioners. Unfortunately, no official action was taken, although there appeared to be concurrence of the members of the City Council. As most of you are aware, the expenses incurred by Planning Com- missioners, particularly those related to traveling about the City to personally research issues which appear on the Planning Commission agenda, are considerable. In my view, based on my experience as a Planning Commission, the present montly compen- sation does not adequately cover those additional expenses. Therefore, I would suggest that the City Council increase the amount by a minimum of $10.00 per meeting. Since the amount of funds involved is not substantial, it is my view that the adjustment could be handled during this current budget year, rather than the next. A42 PARK ADVISORY COMMISSION I. COMMISSION GUIDELINES A. COMMISSION PURPOSE The purpose in establishing a Park Advisory Commission is to provide a citizen body to recommend policy regarding the development of a well - balanced system of municipal recreation facilities. B. COMMISSION ORGANIZATION The terms of office, organization, and other details relating to conduct of business shall be as follows: 1. The terms of Commissioners shall be four years and staggered in order to provide continuity of experience on the Commission. The five Commissioners will draw lots to determine which terms will be four years and which initial terms will be for two years. The majority of the membership will be for four -year terms. After the expiration of the initial terms, all will be for a period of four years. 2. The Commissioners shall elect a Chairman and a Vice - Chairman and determine frequency of meetings, preferably monthly, with other additional meetings as necessary. 3. All Commission meetings shall be open to the public and publicized in advance. In addition, the agenda should be prepared in advance and made available to interested individuals and organizations. C. COMMISSION RELATIONSHIPS 1. The Commission shall be advisory to the City Council and shall submit recommendations to the City Council and be responsible to the Council. 2. The Commission shall operate within established procedures and coordinate with such other City departments as necessary, and specifically. the Community Services Department. D. AUTHORITY AND RESPONSIBILITY The Commission shall act within established Council policy, rules and regulations Of the City and within the prevailing philosophy of the City Council as representative of the City as a whole. -1- 1. The Commission shall review recreation facility priorities and objectives, and other matters as requested by the City Council and make recommendations to the City Council on such matters as appropriate. 2. The Commission shall recommend on broad, general budgetary matters such as capital improvement items. E. PUBLIC RELATIONS Public relations and information is a prime activity of this Commission. Public statements and release of information on recreation facilities shall be coordinated and in accordance with policies of the City Council• in the II. RULES AND PROCEDURES A. PARK ADVISORY COMMISSION MEETINGS 1. Regular meetings of the Park Advisory Commission shall be held on the second Thursday of each month. Any meeting may be cancelled by a majority vote of the Park Advisory Commission. 2. Special meetings may be ordered by the Chairman. Notification by telephone shall be given by the secretary at least twenty -four hours prior to the meeting time, if ordered by the Chairman. 3. Regular Park Advisory Commission meetings shall be called to order at 7:00 P.M. and shall be held at the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The time and place of special meetings shall be designated by the Chairman of the Park Advisory Commission when such meetings are ordered. 4. The order of business at regular Park Advisory Commission meetings shall be: a. Chairman calls meeting to order b. Pledge of Allegiance c. Roll Call d. Approval of minutes e. Announcements f. Commission Items q. Adjournment 5. A quorum for conducting the business of the Commission shall be a majority of the voting members. -2- B. ELECTIONS APPOINTMENTS AND TERMS OF OFFICE 1. The Park Advisory Commission shall, each calendar year in January, elect from among the appointed members a Chairman and Vice - Chairman. 2. Election shall be by secret ballot with ballots cast separately for each office. Balloting for Vice - Chairman shall follow election of the Chairman. In each case, the Commission members with the highest number of votes shall be declared elected. 3. The Chairman or Vice - Chairman may be removed from office at any time by two- thirds vote of the Commission. 4. In case of the absence or the inability to act of the Chairman and the Vice - Chairman, the members present at any meeting shall, by an order entered into the minutes, select one of the members as Chairman Pro -Tem for that meeting. 5. The Director of Community Services or his appointee shall serve as Secretary and is responsible for agenda preparation for the Commission. C. DUTIES OF OFFICERS AND MEMBERS 1. The presiding officer shall preserve order and decorum and shall decide questions of order. 2. The Chairman, or in his absence, the Vice - Chairman, or in his absence, the Chairman Pro -Tem. shall be the presiding officer at all Park Advisory Commission meetings. .3. All Park Advisory Commission members wishing to make a statement or ask a question shall first gain recognition by the Chairman. 4. The Chairman shall facilitate the business of the Commission. He may limit the amount of time which a person may use in addressing the Commission. 5. The Chairman shall appoint and discharge all committees, which shall act in an advisory capacity. 6. With the approval of the Commission, the Chairman may suspend or vary the regular order of business. 7. Members of the Park Advisory Commission shall absent themselves from the meeting whenever items are being considered wherein there is a conflict of interest. Such action may be taken voluntarily by a member. The conflict of interest may otherwise be determined only by a majority vote of all the Commission members present upon motion duly seconded. Before such a motion may be heard, all allegation of the conflict of interest must be stated and the member allegedly subject of the conflict of interest must be heard, 8. The Chairman shall certify such documents as may be required and shall perform all other duties necessary of incidental to his office. 9. The Secretary shall maintain minutes of the Commission meetings and shall record the official actions of the Park Advisory Commission as required. He shall examine all incoming mail for proper referral and answer correspondence for the Commission. 10. The Community Services Director shall furnish professional and technical advice to the Commission and shall assist the Commission in the discharge of its responsibilities. 11. All questions of law shall be referred to the City Attorney for opinion. D. GENERAL RULES AND PROCEDURE 1, All Park Advisory Commission meetings shall be open to the public. 2. The Park Advisory Commission will receive appearances from the public. 3. Any matters of urgency may be considered by the park Advisory Commission upon request of any member of the Commission or upon request of the Community Services Director. In the interest of facilitating the Commission meeting, a member of the Commission requesting consideration of an urgent matter should notify the Secretary at the earliest time practical. 4. Scheduled agenda items shall take precedence over urgent matters. However, the Chairman may allow consideration of an urgent matter as such time as he deems appropriate. 5. Any of the rules and procedures not required may be suspended, changed or modified by a majority vote of the Commission, providing notice has been made to each member of the Commission on the agenda for that meeting. E. PROCEDURE FOR CONDUCT OF PUBLIC HEARINGS Chairman announces the hearing, stating the nature Of the hearing and the general location, -4- 2. Community Services Director or his designated officer presents report describing the physical situation and other facts bearing on the matter and reads or notes communications received. 3. Chairman declares the public hearing and calls for testimony. 4. Chairman calls for further testimony of proponents. S. Chairman calls for testimony of opponents. 6. Chairman calls for closing statement. 7. Chairman declares the public hearing closed. S. Chairman calls for discussion or examination by inspecting committee and by member of Commission in rotation. 9. Chairman may call for Community Services Derector to present summary, alterations and recommendations. 10. Chairman asks if there is further discission on the motion. 11. Question is called for. 12. Vote is taken 13. Chairman announces decision of Commission and proceeds to next item on Agenda. -5- M E M O R A N D U M TO: City Councilpersons FROM: Edward A. Hopson, Assistant City Attorney DATE: September 1, 1982 RE: Proposed Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga Chamber of Commerce. The Rancho Cucamonga Chamber of Commerce ( "Chamber ") has objected to several paragraphs in the proposed Agreement with the City. We would respond as follows: (1) Paragraph 2e (Page 3): The Chamber has requested that the City pay directly to the Chamber the cost of providing the re- quested insurance. Should this be the wish of the Council, we would propose the first three (3) sentences of this sub - paragraph be reworded as follows: "e. Pay to the Chamber the cost of providing health insurance for two (2) full -time Chamber em- ployees. The City contribution shall be: "1. Calculated on the basis that the per- sons insured are single persons with no dependents; "2. If not insured directly through the City's health insurance program, be in amounts not to exceed the rate available and charged for City single employee coverage; and, "3. Be the lesser of 2 or the actual cost for such insurance incurred by the Chamber. The max- imum City contribution pursuant to this paragraph shall be $2,400.00 for the contract year. ". (2) Paragraph 3 (Page 4): To meet the Chamber's require- ments, we would propose rewording the second full sentence of the paragraph as follows: -1- U "Either party may, by sixty (60) days' written notice to the other, terminate this Agreement at any time. ". If the Chamber wishes the right to cancel the contract on sixty (60) days' notice for no reason, it would seem that the City should have the same right. If it is determined by the Council that eith- er side should be able to terminate only "for cause ", then that provision should be added at the end of the proposed revised sen- tence. (3) Paragraph lh (Page 2); The Chamber has objected to the requirement that it comply with the Ralph M. Brown Act as a condition of its compliance with the Agreement. It is clear that a public agency may impose any one of a number of conditions on a grant of money or authority without the recipient of the grant being declared to be a legal agent of the City. For example, the federal government places certain restrictions and conditions on the grant of transportation and educational funds, which conditions do not make school districts or states agencies of the federal government. It is our opinion that the Council can retain the Brown Act re- quirements if it should so choose without a serious risk that the Chamber would later be determined to be an employee or agent of the City. (4) Paragraph 7 (Page 4): The notice paragraph provides for delivery of notice in person, as well as by certified mail. We see no requirement to change the wording of the paragraph. (5) Request for Arbitration: It would be unusual to find a provision in a City grant of money that the city could not ter- minate the grant unless an arbitration proceeding was undertaken. The request almost presumes that the City will operate in bad faith -2- in assessing the performance of the Chamber or in making the pay- ments required under the Agreement on behalf of the City. Since it is the City that is granting the money and it is the City's as- sessment of the Chamber's performance which would be a condition for elimination of City payments, we see no reason why there should be an arbitration provision inserted into the Agreement. EAH:sgg cc: Lauren M. Wasserman, City Manager -3- CITY OF RANCHO CUCAMONGA MEMORANDUM September 1, 1982 T0: City Council FA02t: Lauren M. Wasserman City Manager / SUBJECT: Chamber of Commerce Proposed Contract i Attached is a letter received on September 1 from the Chamber of Commerce concerning various items on the proposed contract between the city and the chamber. My continents are strictly personal. The city council may deal with each issue as you deem appropriate. Item 1 - compliance with Brown Act. 'The chamber as indicated in the letter does not wish to comply with the Brown Act. I would only say that the Brown Act, if properly followed, is for the protection of both the chamber and ultimately the city. That is a policy issue to be determined by the city council. It was my impression that when we discussed the concept prior to drafting a contract, the council did support the requirement. Item 2 - modification of termination clause. This is a very minor item and should not present any problem. Item 3 - modification of insurance plan. This request is attributable to a specific problem in the chamber A this time. I see no problem with the request. However, I have asked the city attorney to draft some appropriate language so that the city will never pay more for coverage than is set for our employee insurance. For example, if we can cover an employee for $60.00 per month (no dependents), we should not pay more than that amount for a chamber employee to provide his or her own coverage through another carrier. This is • problem which is unique at this time, and probably will work its way out over • period of time. Ted Hobson will have some language for you to consider. Item 4 - modification of notice provision. The chamber President's point is well taken. This can be modified very easily if you so desire. Item 5 - request for bindingarbitration in the event of dispute. I would very strongly oppose this provision of the contract, Bob Salazar has included it in his letter because the attorney representing the chamber has suggested it. However, Bob has indicated this is not a major problem if it is eliminated. The reason for my opposition is that from an employee relations standpoint this could be a dangerous precedent. It is my feeling that we should never agree to binding arbitration in any form whatsoever whether it involves our employees or other contracts with other agencies. our attorney may also have some comments on this provision. City Council Re: Chamber Proposed Contract September 1, 1982 Page 2 With the exception of items 1 and 5, the proposed modifications are relatively insignificant and can be worked with. Item 1 is a council policy item, and item 5 is something that, in my view, is just not acceptable for any contract. LMW:baa cc: City Attorney attach. kancho Cucamoa Chamber of Commerce 8137 MALACHITE AVE., SUITE A RANCHO CUCAMONGA, CALIFORNIA 91730 TELEPHONE: 714/9871012 Mr. Lauren Wasserman August 31, 1982 City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91701 Dear Mr. Wasserman: Thank you for the proposed contract attached to your letter of August 16, 1982. We have reviewed same and would suggest the following modifications. 1. With reference to Paragraph IH, we find no justification for the requirement that the Chamber of Commerce in any of its meetings comply with the Ralph M. Brown Act /Local Agency requirement. This contract clearly specifies and contemplates an independent contractor relationship. The Chamber of Commerce is in no way an agent or an agency of the City of Rancho Cucamonga (reference Paragraph 9). To require compliance with regard to notice, disclosure and other provisions of the Brown Act would be unnecessarily costly, time consuming and would wrongly imply an agency relationship between the Chamber of Commerce and the City of Rancho Cucamonga, We therefore re- spectfully request the deletion of that provision. 2. Regarding Paragraph 3, we request remodification of said para- graph such that the contract may be terminated by either side upon 60 days written notice. 3. We request a modification of Paragraph 2E such that the Chamber posesses the option to either enroll its employees on the City's plan or obtain its own insurance and be reimbursed by the City of Rancho Cucamonga with a maximum of $2,400.00 per year. In this fashion, were an employee of the Chamber to have a pre- existing condition requiring current and ongoing medical treatment, then there would exist no lapse in their medical coverage due to exclusions from the coverage of pre- existing conditions in the City's coverage. 4. We suggest a modification of Paragraph 7 by which notices under this contract be sent by Certified Mail to the Executuve Director of the Chamber of Commerce. As a practical matter, it would be most inconvenient kancho Cucamoa Chamber o f Commerce 8137 MALACHITE AVE., SUITE A RANCHO CUCAMONGA, CALIFORNIA 91730 TELEPHONE: 7141987-1012 for the President of the Chamber of Commerce to be required to sign for the receipt of said notice since he would not likely be at the office of the Chamber upon its arrival. 5. We request an additional paragraph by which both parties agree that any dispute which may arise under this contract be submitted to arbitra- tion by the America] Arbitration Association and agree to be bound by the rules of said association upon submission. In this fashion, any dispute may be settled in a more expeditious manner with a minimum of cost to both sides. Kindly consider these modifications and please accept our thanks for the pleasant spirit of negotiation which has prevailed thus far. Very truly yours, Bob Salazar P, my no A e WT[IVTn C7 Tr AM (W(' A .wsn.. STAFF REPORT August 31, 1982 T0: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Recommendation to Purchase Addit' 1 Word Processing Components LL � � z 197 It is recommended that the city council authorize the additional purchase of two word processing terminals, two printers, one storage unit, and one math package for use in administering the industrial assessment district. Cost for this material is approximately $26,000. In addition the equipment will be available to the city clerk's office for records retention program. LMW:baa SUBJECT: Acquisition of Additional Word Processing Components The Community Development Department has taken delivery of the new office automation equipment recently approved by Council. It would be advantageous to the City to make use of this newly acquired equipment in administering the 6th Street Industrial Assessment District. This can be accomplished by purchasing additional work stations, updating the storage capacity of the C.P.U. and proportioning the work load among the existing clerical and technical staff. It was intended, during the development of the staffing needs of the Assessment District, to hire an additional clerk typist on a contractual basis and renting the necessary office equipment for clerical support and using the consulting engineer, now under contract, and their computer equipment for the development of progress and related reports. The proposed equipment would increase production thereby allowing existing staff the additional time needed for the assessment district. The cost of the addition- al time spent on the assessment district by staff would be borne by the City as its contribution towards the purchasing of the equipment even though the entire cost of the equipment would be charged Against the assessment district offseting the contractual savings as outlined below: Contractual Savings: New Equipment Cost: Clerk Typist $18,480 Office Equip. Rental 1,200 (Typewriter, desk, chair, etc.) Engineer Consultant (Monthly progress report, etc.) (Exist. agreement = $32,000 estimated 207 for reports) 6,400 TOTAL SAVINGS 26,080 2 Terminals complete 8,650 2 Printers Complete 9,650 1 Additional Storage 3,880 1 Math Pack plus single key stroke option 3,880 26,060 MEMORANDUM , 2 C / 9 DATE: August 30, 1982 `z T0: Lauren Wasserman, City Manager U" SD FROM: Lloyd B. Hubbs, City EngineerA_ 1977 BY: Monte Prescher, Public Works Engineer SUBJECT: Acquisition of Additional Word Processing Components The Community Development Department has taken delivery of the new office automation equipment recently approved by Council. It would be advantageous to the City to make use of this newly acquired equipment in administering the 6th Street Industrial Assessment District. This can be accomplished by purchasing additional work stations, updating the storage capacity of the C.P.U. and proportioning the work load among the existing clerical and technical staff. It was intended, during the development of the staffing needs of the Assessment District, to hire an additional clerk typist on a contractual basis and renting the necessary office equipment for clerical support and using the consulting engineer, now under contract, and their computer equipment for the development of progress and related reports. The proposed equipment would increase production thereby allowing existing staff the additional time needed for the assessment district. The cost of the addition- al time spent on the assessment district by staff would be borne by the City as its contribution towards the purchasing of the equipment even though the entire cost of the equipment would be charged Against the assessment district offseting the contractual savings as outlined below: Contractual Savings: New Equipment Cost: Clerk Typist $18,480 Office Equip. Rental 1,200 (Typewriter, desk, chair, etc.) Engineer Consultant (Monthly progress report, etc.) (Exist. agreement = $32,000 estimated 207 for reports) 6,400 TOTAL SAVINGS 26,080 2 Terminals complete 8,650 2 Printers Complete 9,650 1 Additional Storage 3,880 1 Math Pack plus single key stroke option 3,880 26,060 Regular Meeting[ 1. CALL TO ORDER A 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, September 1, 1982. The meeting was called to order at 7:36 p.m. by Mayor Jon D. Mikels. Present were: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; Assistant City Attorney, Ted Hobson; Assistant City Manager, James Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Buquet, seconded by Dahl to approve the minutes of July 22, 1982 which had been amended prior to the meeting. Motion carried unanimously 5 -0. 2. ANNOUNCEMENTS a. Mayor Mikels acknowledged receipt of a plaque from the Interstudy Group which expressed their thanks for use of the Lions Park Community Center and the help in providing housing for them while in the community. The Interstudy Group was a group of Japanese students studying English. b. Mayor Mikels stated that at the last Council meeting the Mobilehome Rent item was continued to this meeting. He pointed out that the meeting this evening was to discuss procedural matters only and had been placed at the end of the Agenda. Although people were welcomed to stay for the discussion, it was not a public hearing. c. Mr. Wasserman asked that an item be added to the Staff Reports Item 5K, Purchase of Word Processing Equipment. Council needed to adjourn the meeting to an Executive Session to discuss legal matters. Consent Calendar item "j" is to be deleted from the agenda. It will be brought back at a later time. 3. CONSENT CALENDAR a. Approval of Warrants, Register No. 87 -9 -1 in the amount of $182,500.55 b. Alcoholic Beverage Application for Carl C. and Ferdinanda Bellomo, Hole in the Wall, 9668 Base Line Road for off -sale beer and wine. e. Alcohlic Beverage Application for Brookside Enterprises, Brookside Vineyard Company, 12281 Arrow Boulevard for winegrower license. d. Refer Claim by Robert H. Behnke to city attorney for handling. *Tract 9903 - located on the north side of Banyan, west of Sapphire - Steven H. Sanberg. Cash Deposit (monument) $ 1,670 *Tract 9136 - located south of Banyan, west of Amethyst - Regency Estates. Cash Deposit (monument) $ 1,650 *Tract 9127 - located on the south side of Banyan, west of Amethyst - Regency Estates. Cash Deposit (monument) $ 1,550 *Tract 9180 - located on the east side of Sapphire, south of Hillside - Steven H. Sanberg. ash Deposit (monument) $ 3,800 *Tract 9409 - located on the north side of Foothill, west of Ramon - H6J Investors. Cash Deposit (monument) $ 2,500 *Tract 9475 - located on the north side of Lemon, east of Haven - J. Anthony Development. Cash Deposit (monument) $ 1,900 *Tract 9223 - located north of Banyan Street and west of Sapphire - Cameo Land Co., Inc. Cash Deposit (monument) 2,700 *P.M. 6582 - located on the southeast corner of Helms and Foothill Blvd - Praver Bros. Investments. Labor 6 Material Bond $25,800 f. Acceptance of Street Improvements and Release of Bonds: M.S. 76 -0529 - located on Hillside Road and Mayberry Avenue - Kenneth Ketner 6 Assoc. Faithful Performance Bond $28,000 *D.R. 78 -30 - located at 8515 Archibald Avenue - Mobile Oil Faithful Performance Bond $30,000 *5727 Carnelian Street, north of Wilson, Permit No. 858 - Mr. A Mrs, Richard Harney. Faithful Performance Bond $13,100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STREET IMPROVEMENTS FOR MINOR SUBDIVISION 76- 0529, DIRECTOR REVIEW 78 -30, AND FOR 5727 CARNELIAN STREET. g. Agreement for Construction Managment Services -- Assessment District 82 -1. Recommend approval of contract with Willdan Associates to provide construction consultation, preparation of as -build plans, review of progress estimates, and further consultation on assessment district law and procedures, not to exceed $32,000. h. Request for Authorization to Seek Bids for the Construction of Hillside Road Improvements, Phase I. It is recommended that city council authorize the engineering staff to seek bids for the construction of Hillside Road improvements, phase I. i. Acceptance of Extension Agreement for Director Review 79 -06 Fredricks Development Corporation. It is recommended that Council accept the extension agreement submitted by Fredricks Development Corporation for their project located at the northwest corner of Ramona Blvd. and 19th Street. RESOLUTION NO. 82 -152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT FOR DIRECTOR REVIEW 79 -06. 3. Aeeeptaaee of Sonde and AgpeesaRt fop Miner Deve;ep"Rt Review B2 -04 - Goodyear Rvbbep Company. ;t }e peeo=oRded that eewaeil aesept bards cad agposmsRt fop Mtaer Development Review 62 -94 ;seated at 6644 IRdaetrlal 6ame evbnttied by Geedyoap Rubber Gompany Item removed from Consent Calendar. RSSGLOT ;GN NO, 82 -353 A RESOLUTION OF IMF& G ;TV GGVNG ;6 OF THE G;TF OF SANGHO GDGAMGNGAr GA6 ;FGRN ;Ar APPROVING ; MPROVEMENT AGREEMENT AND IMPROVEMENT SEGORITV FOR MINOR DIRECTOR REV;gM NG. 62 -Oi k. Acceptance of Base Line Reconstruction Project. Base Line Road from Carnelian to city limits bordered by west side of Carnelian to east city limits of Upland has been completed to the satisfaction of city engineer; thus, it is recommended that a Notice of Completion be filed with the County Recorder's Office. RESOLUTION NO. 82 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING BASE LINE RECONSTRUCTION FROM BASE LINE ROAD FROM CARNELIAN WEST TO CITY LIMITS BORDERED BY WEST SIDE OF CARNELIAN TO EAST CITY LIMITS OF UPLAND AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. resolution autnorizing the city clerk to sign .. .d . Property Improvement Contract and Lien Agreement for 8218 Ninth Street submitted by Burt Chisum. RESOLUTION NO. 82 -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BURT CHISUM AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. m. Acceptance of Real Property Improvement Contract and Lien Agreement for 6881 Amethyst Avenue. It is recommended that council adopt the resolution authorizing the city clerk and mayor to sign said Heal Property Improvement Contract and Lien Agreement submitted by Thomas and Barbara Trombatore. RESOLUTION N0. 82 -156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND BARBARA TROMBATORE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. n. Set public hearing for September 15, 1982 for Notification Procedures Ordinance. o. Set public hearing for September 15, 1982 for Zone Change 81 -04 Wilson. A change of zone from -1- 20,000 (single family residential - 20,000 square foot lot minimum) to R -1- 10,000 (single family residential - 10,000 square foot minimum) for 6.9 acres of land located on Banyan Avenue, east of Archibald Avenue - APN 201 - 251 -63 and 64. Motion: Moved by Dahl, seconded by Schlosser to approve the Consent Calendar with the deletion of item ",J ". Motion carried unanimously 5 -0. 4. PUBLIC HEARINGS 4A. rVttmNllUry ur Lx1YWLxrc mxlni cnnmc COMMUNITY It is recommended that Council order the work in connection with the formation of a landscape maintenance district for the Victoria Planned Community. Staff report by Lloyd Hubbs. City Clerk Wasserman read the title of Resolution No. 82 -157• RESOLTUION N0. 82 -157 A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 2. Motion: Moved by Schlosser, seconded by Buquet to approve Resoltuion No. 82- 157 ordering the work for the landscape maintenance district. Motion carried unanimously 5 -0. 48. FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 3 - VICTORIA PLANNED COMMUNITY Staff report by Lloyd Butts. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Frost, seconded by Schlosser to approve Resolution No. 82- 158 and to waive the entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title. RESOLUTION NO. 82 -158 A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH THE FORMATION OF LIGHTING DISTRICT NO. 3. 5. CITY MANAGER'S STAFF REPORTS 5A. CHAMBER OF COMMERCE_ AGREEMENT Staff report by Lauren Wasserman Mr. Buquet asked for input on item I "h" of the Agreement in reference to the Brown Act. Mr. Hopson, assistant city attorney, responded that in their opinion there was no legal foundation that the Chamber would become an Agent of the city if council conditioned the grant of money to the Chamber. Mr. Frost pointed out that item 1 "i" of the Agreement would be an appointment made by the city council. Mr. Buquet asked for input on item 5, "failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of the same provision or any other provision." Mr. Hopson said this was a policy item for Council to make. He has never seen a contract with this clause before, but because he had not, it does not mean that it con't be done. He did not feel this would add to the contract since they have a 60 -day termination clause. Mayor Mikels opened the meeting for public input. Speaking was: *Bob Salazar, President of the Chamber, stated he had no problem regarding the arbitration as stated by Mr. Hopson. The Chamber simply did not want to become an Agent of the City. Regarding the insurance request, they have an employee due for surgery and did not want to lose her coverage; that is why they requested the money. Mr. Dahl asked what the Chamber's plan was for the year to aid the smaller businesses in the community. Mr. Salazar stated they had a plan; in fact they had ,Just released their Executive Director because they felt he would not fit into that plan. Mr. Dahl expressed concern regarding the dropping of the Hawaiian Days promotional since it was the only retail program they had, and he wanted to know if there were any programs being set up to replace this. ;L Mayor Mikels asked if there was any opposition to the request regarding the Brown Act since the legality of this regarding the Agency had been removed. Mr. Salazar stated there was no problem. Council made the following determinations: 1. Regarding item 2 "h" that all meetings of its membership, etc. the Chamber shall comply with the Ralph M. Brown Act provisions. Since the Chamber has withdraw its position regarding this, Council concurred to leave the item as written. 2. Item 3 - Termination of Agreement: Council concurred that this should be changed to a 60 -day notice. 3. Item 2 "e" - Insurance Plan: Council concurred with the revised language by the city attorney as follows: Pay on behalf of the Chamber the cost of providing insurance for two full -time kChamber employees as participants in the City's health insurance program, The City contribution shall be: Calculated on the basis that the persons insured are single persons with no dependents. 2. If not insured directly through the City's health insurance program, be in amounts not to exceed the rate available and charged for City single employee coverage; and 3. Be the lesser of 2 or the actual cost for such insurance incurred by the Chamber. The maximum City contribution pursuant to this paragraph shall be $2,400.00 for the contract year. Payment of the sum subscribed in this paragraph is contingent upon said Chamber employees being allowed to participate in the City's health insurance program. 4. Request by Chamber for binding arbitration: Council concurred in their opposition to this; therefore, the item was not included in the Agreement. 5. Item 7 - regarding the sending of notices: Council concurred with the requested change by the Chamber to address any correspondence to the President and /or Executive Director. Mr. Frost referred to item 1 1tc" which he felt was not clear. Mr. Buquet suggested that the word, "prudent" be added, thus Section "c" would read as follows: "aid in promoting the prudent development and use of unoccupied and vacant property in the City; ". Council concurred with this change. Mr. Salazar stated that all the changes were okay with the Chamber. Motion: Moved by Dahl, seconded by Buquet to approve the Agreement with the Chamber of Commerce as amended. Motion carried unanimously 5 -0. Councilman Schlosser wanted to make it clear that although he voted to approve the contract, he still did not approve giving the money to the Chamber. Mayor Mikels opened the meeting for public comment. Addressing Council was: *Richard Feuerstein, Fire Chief, asked if any provision were in the contract for updating of fire alarms, etc., and if not, could we make this a requirement so people could get them. Mr. Wasserman stated that this didn't really relate to the contract, but we could discuss this at a later time. There being no further public comments, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Dahl to approve the contract with the County of San Bernardino, Office of Community Development, for services relating to the Community Development Block Grant Program. Motion carried unanimously 5 -0. Mayor Mikels called a recess at 8:35 p.m. The meeting reconvened at 8:50 p.m. with all members of the Council and staff present. 9b58 - RICHWOOD DEVELOPMENT COMPANY Located north of Ninth Street, east of Baker Avenue and west of Madrone Avenue. Staff report by Lloyd Hubbs. Improvement agreement and improvement security have been submitted to guarantee installation of the off -site improvements. Also, letters of approval have been received from Chaffey Joint Union High School District, Cucamonga School District, and Cucamonga County Water District. CC&Rs have been approved by the city attorney. A portion of Madrone Avenue must be vacated prior to recordation of the tract map. The realignment of Madrone will form a "T" intersection which will eliminate the present confusion at that intersection. City Clerk Wasserman read the titles of Resolution No. 82 -159 and 82 -160. RESOLUTION NO. 82 -159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 9658. RESOLUTION N0. 82 -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF MADRONE AVENUE. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Dahl, seconded by Schlosser to approve Resolution Nos. 82- 159 and 82 -160 and to waive further readings. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost. NOES: None. ABSENT: None. ABSTAINED: Mikeis. A request to authorize the $12,000 received through the Roberti- Z'Berg Grant from the State of alifornia to upgrade parking lot lighting and install emergency lighting at Lions Park and the Lions Park Community Center. The City is obligated under the grant to a 25 percent match of funds. Total cost for the project would be $16,134.63. Request is also that the contract be awarded to Owen Electric. Mayor Mikels opened the meeting for public input. Addressing Council was: *Livia Vallenace asked if this was put out to bid. Mr. Holley responded that this had gone to bid, and Owens Electric was the lowest bidder on the base bid. There being no further comments from the public, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Frost to approve the request to use the Roberti- Z'Berg Grant funds of $12,000 with $4,134.93 of Park Development funds and to award the contract to Owens Electric, the lowest bidder. Motion carried unanimoulsy 5 -0. 5E. AUTHORIZATION TO AWARD COwTRACTS TO ALTA RANCHO GLASS AND HERITAGE FLOORING Staff report by Bill Holley. A request to authorize award of contracts to Alta Rancho Glass Company and Heritage Flooring, both Rancho Cucamonga businesses, for improvements in the Lions Park Community Center. Needed are mirrors along the east wall of Lions Hall for the benefit of the various dance and exercise classes. Cost for the mirrors would be $800. The request also includes the replacement of carpet in the hall with tile. Total cost for this would be $1,508.90. Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. Motion: Moved by Buquet, seconded by Schlosser to approve awarding the contracts to Alta Rancho Glass for $800 and to Heritage looring for $1,508.90 with funds coming from the Recreation Trust. Account. Motion carried unanimously 5 -0. 5F. AUTHORIZATION TO SIGN AGREEMENT WITH MARLBOROUGH DEVELOPMENT Staff report by Bill Holley. Paul Brynes, Project Engineer for Marlborough Development, told Council that in the project on Church Street, east of Turner Avenue, a 6.5 acre neighborhood park would be included. Mayor Mikels opened the meeting for public comment. There being no response, the public portion of the meeting was closed. Motion: Moved by Frost, seconded by Schlosser to authorize the mayor to sign the Agreement with Marlborough Development for the development of a 6.5 acre park. Motion carried unanimously 5 -0. Mayor Mikels opened the meeting for public comment. There being no response, the public portion of the meeting was closed. Mayor Mikels inquired if there had been any discussions with Ontario regarding the possibility of continuing this all the way to Guasti Park. Mr. Holley reponsed that we would be working on a cooperative agreement with Ontario in the future. Mr. Buquet requested an estimate of future costs since he felt we would be acugiring a great deal of area to maintain. Mr. Dahl stated that we are committed to a trail system through the General Plan, and this was a good opportunity to obtain some trails. He felt we should approve this and authorize Mr. Holley to come back with more substantive maintenance costs as requested by Mr. Buquet. Motion: Moved by Dahl, seconded by Schlosser to authorize Mr. Holley to proceed with the preliminaries to reactivate the Recreation Element of the Cucamonga Creek Project, and to report back to ouncil to formalize the process with some maintenance costs. Motion carried unanimously 5 -0. 5H. REPORT TO COUNCIL ON OPTION FOR FORMATION OF PARKS COMMISSION Staff report by Bill Holley. Mayor Mikels stated the first thing council should decide is whether to proceed in forming a Commission. Mr. Frost stated he would like to hear from those in the audience first. Mayor Mikels opened the meeting for public comment. Addressing Council was: *Sharon Romero, member of the CAC, stated she was in favor of referring this item to the CAC. There being no further comments, Mayor Mikels closed the public portion of the meeting. Motion: Moved by Dahl to determine to form the Commission, outline its scope of responsibility, and give staff direction to prepare an ordinance; and to refer it to the CAC for their study and recommendation, but not for inclusion as part of the Advisory Commission. For lack of a second, the motion failed. Mr. Buquet stated that he did not want to form a Commission and then decide what its scope was afterwards. Motion: Moved by Dahl, seconded by Buquet to form a Parks Advisory Commission. Mr. Frost stated that this was premature without first getting input from the Advisory Commission and whether this would be a duplication of efforts and excessive expenditure of city resources. Mr. Schlosser stated that this should be sent to the CAC first. Mr. Frost stated it was his understanding an ordinance is required in order to form a Commission. Mr. Hopson stated that was so. Mr. Frost responded then that council could not make a full determination until the full public process is made. Mr. Hopson stated it was permissible to direct staff to prepare an ordinance. He would not see this as a predetermination. Motion: Moved by Dahl, seconded by Buquet that the material which was presented by Mr. Holley for the formation of a Parks Advisory Commission be referred to the CAC for their input and recommendations. Motion carried unanimously 5 -0. 51. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE CONFERENCE Staff report by Lauren Wasserman. Concensus of Council was that Mr. Buquet be named the delegate and Mr. Frost the alternate. 5J. ETIWANDA SPECIFIC PLAN UPDATE Staff report by Jack Lam. An oral update report on the progress of the Etiwanda Specific Plan was presented by Tim Beedle, Senior Planner. Council received and filed the report. Mr. Dahl suggested that a Resolution be prepared for the members of the Etiwanda Specific Plan Committee in appreciation for their work. 5K. ADDED ITEM: REQUEST AUTHORIZATION TO PURCHASE WORD PROCESSING EQUIPMENT Staff report by Lauren Wasserman. Motion: Moved by Buquet, seconded by Dahl to authorize the purchase of two word processing terminals, two printers, one storage unit, and a Math package not to exceed $26,060 with Hinds from the Assessment District. Motion carried unanimously 5 -0. 6. CITY ATTORNEY'S REPORTS Mr. Hopson stated he had nothing to report. Mayor Mikels called a recess at 10:20 p.m. The meeting reconvened at 10:35 p.m. with all members of Council and staff present. 7. COUNCIL BUSINESS 7A. DISCUSSION OF MOBILE HOME PARK ISSUES Mr. Dahl stated that this was an extremely complex issue, and felt that there should be more input. He suggested that a fact finding subcommittee be formed and set a date when this subcommittee should have a recommendation back to the Council. Mayor Mikels opened the meeting to the public by asking for suggestions from the audience on ways for the Council to proceed. *Sam Rodda recommended that meetings be set with the homeowners and with the park owners. *Mr. Keenoy stated that one problem is that the park owners do not shown their financial statements, and he felt this was necessary for negotiations. *Nat Liebowitiz suggested we try to arrange a meeting. 'Eileen Berkhaven suggested that the increase be put into an escrow until the process is complete. 'Margaret Brain stated that the increases are about 12 -14 percent per year. *Wanda Dixon suggested that we visit or write other cities who have passed ordinances to see what they did. There being no further comments, Mayor Mikels closed the public portion of the meeting. Mr. Dahl suggested that we put together a two -man subcommittee. Mr. Buquet suggested that the committtee process should be expanded in order for more people to be involved. He suggested two councilmen, five park residents, and five park owners. Motion: Moved by Dahl, seconded by Frost to form a committee composed of Councilmar Buquet and Councilman Dahl. Motion carried unanimously 5 -0. Mr. Dahl expressed he would like a time frame given as to when this report should come back to Council. Council concurred on October ?0, 1982. Mayor Mikels opened the meeting for public input. *Sam Rodda stated that this would be twenty days too late for those in Alta Laguna since notices will be given on October 13t regarding increases. Mayor Mikels stated that the subcommittee would look into this problem and advise the council and get with the city attorney for legal direction. The public portion of the meeting Was closed. 7B. APPOINTMENTS TO RANCHO CUCAMONGA ADVISORY COMMISSION Mayor Mikels stated that each councilman should vote for two individuals from Alta Loma from the list of appointees as follows: Wanda Dixon, John D. Dunlap, II, Sheryl Moody, Sally Riehn, Carl Pete Stark, Livia Lea Vallance, and Bradlee F. Williams. Mr. Wasserman, city clerk, passed out paper to each councilman After collecting the voted ballots and counting the votes, Mr. Wasserman announced the following: Wanda Dixon 1 vote cast John D. Dunlap,II 1 vote cast Sheryl Moody 1 vote cast Sally Riehn 3 votes cast Carl Pete Stark 0 votes cast Livia Lea Vallance 3 votes cast Bradlee F. Williams 1 vote cast New members of the Alta Loma Advisory Commission are: Sally Riehn and Livia Lea Vallance. Jefferson E. Hill, Sr. Mrs. Peter Eerdikes Morgan Pahl -Henry Peter J. Pitassi Paul Saldana Robert Wayne Turner 1 vote cast 1 vote cast 1 vote cast 4 votes cast 3 votes cast 0 votes cast New members of the Cucamonga Advisory Commission are: Peter J. Pitassi and Paul Saldana. For the Etiwanda community, Mr. Wasserman announced the following: David P. Flocker 2 votes cast Neil I. Westlotorn 5 votes cast Jim Banks* 3 votes cast *Mr. Bank's name was added to the list by Councilman Richard Dahl prior to voting. New members of the Etiwanda Advisory Commission are: Neil Westlotorn and Jim Banks. Council concurred that the terms were for two years and will become effective at the next meeting on September 23rd at 7:00 p.m. in the Lions Park Community Center. Also, for those filling unexpired terms, the terms would be for that unexpired term. 7C. ADJUSTMENTS TO PLANNING COMMISSION COMPENSATION Motion: Moved by Dahl, seconded by Frost to direct staff to make the necessary changes in the Ordinance and to bring back to council for approval to increase the Planning Commission salaries $10.00 per meeting. Motion carried unanimously 5 -0. R. ADJOURNMENT Motion: Moved by Buquet, seconded by Frost to adjourn to an Executive Session, not to reconvene. Motion carried unanimously 5 -0. The meeting adjourned at 11:30 p.m. Respectfully ss.�ubmmit t��ed,, Beverly Authelet Deputy City Clerk