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RANCH arAMONcn
CITY C XJI14M
AGENDA
Lions Park Community Canter
9161 Base Line Road
Rancho Cucamonga, California
January 18, 1980 - 7:30 o.m.
All items submitted for the City Council Agenda m•tet be in writing. The
deadline far submitting these items is 5:00 p.m on the Wednesday prior to
the meetiR3. The City Clurk's Office rerelvea all such Scene.
Ccro<.e
1. CALL TO ORDER''//
Wa.�6�5
A. Pledge of Allegiance to Flag.
B. Roll Cu.l: Buquet _L_, Dahl '1 Frost yJ lie
Schlosber an3—Ocels -
1,4 w
C. Approval of Minutest
2. ANNOUNCEMENTS
a. Thursday, February 16, 1984, 7:00 p.m. - Rescheduled
CITY COUNCIL /FINE DISTRICT BOARD MEETING, Liona Park
Community Center.
b Thursday, January 19, 1984, 7:00 p.m. - PARKS
ADVISORY COMMITTEL MEETING, Lions Park Community
Center.
i c. Tuesday, January 24, 1934, 7:00 p.m. - ADOU N D CITY
COUNCIL MEETING to discuss CATv, Lions Park Community
Center.
3. CONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non - controversial. They will be acted upon
by the Council at one time without discussion.
a. Approval of Warrants, Repiutar Noe. 84 -1 -I8 and 1 -2
141,771.56, and Payroll ending 12-25 -83 for the total
amount of $50,868.50.
City Council Agenda -2- January 18, 1984
b. Forward Claim against the City by M.irviao Mill to the 3
City Attorney and Insurance Carrier for handling.
C. Forward Claim against the City by Theme$ R. Miller to 5
the City Attorney and Insurance Carrier for handling.
d. rarythe claim
City against lity by
Insurance dCarrierar Carrier
handling.
e. Approval of the Summarily Vacation of a 20 -100t 7
public utility easement for sewer and water purposes
dedicated to the City of Rancho Cucamonga in
connection witn Parcel Map 7349 located east of the
I -15 Freeway at Hyssop.
RESOLUTION N0. 84 -07 12
A RESOLUTION OF THE CITY LOUNCIL OF THE
CIrl OF RANCHO CUCAMONGA, CALIFORNIA,
SUMNA21iY ORDSRING THE VACATION OF A 20
FOOT RIDE rIBLIC EASEHENT FOR SEFSR AND
• RATER PURr ":S DEDICATED TO THE CITY OF
RANCHO CUCn. uNGA IN CONNECTION HITil PAR "L
MAP "349 (V-034).
I. Approval of Parcel Hap 8007 and Real Property 14
improvement Contract and Lien Agreement submitted by
Philo Blare and located on the west aide of Hermosa
between wiaun and IU.11side Road.
RESOLUTION NO. 84 -08 20
A RESOLUTION OF THE CITY COUNCIL CALIFORNTHE
CITY OF RANCHO CUCAMONGA,
ACCEPTING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIFN AGREEMENT FROM PHTLO
BIANE FOR PARCEL HAP 8010 A.%D AUTHORIZING
THE MAYOR AND CITY CISRK TO SIGN THE
SAME.
FESOLIrIION N0. 8 -23 21
A RES)LUTION OF CIUI CICY COUNCIL OF THE
CITY OF RAN,110 CU,'AMONGA, CALIFORNIA,
APPRO'IING PAP::EL MAP NO. 8007, (TENTATIVE
PARCI:1, HAP NO. 8007)
E•-
_
City Council Agenda 3_ January 18, 1984
22
8, "lease of Bonds:
P.M. 5792 - located north of Base Lino on tht 14t
side of Archibald Avenue, ge` bonds eonds ento
aubmlLted by
Levis Properties and P
submitted by Calmacic development Corp.
Release Faithful Performance Bond $49.000.00
Line and l ArchibalddAvonul� owner BneC norteast corner of
, DlC Associates,
Release Faithful Performance Bond $ 8,250.00
p.M. 5922 - located at Jasper and Gel *; owner, Family
Savings 6 loan Association.
Release Labor 6 Material Bond (road) $48,513.02
29
RESOLUTION N0. 84 -09
A RESOLUTION OF THE CITY COUNCIL �OFOVIN
CITY OF RANCHO T AND CA, IMPROVEMENT
IMPROVEMENT AGREEMENT AND
SECURITY FOR PARCEL MAP 5792.
h APprov4u t sr the extension
cone tructiont Sof fuffBeite 31
or onds and Agreement
lmprov¢mence for Parcel Map 5981 submitted by Arlan
Walton and located on the Cast side of Sapphire
Street, South of Hllleide Road.
RESOLJTION NO. 84 -10
RESOLUTION RANCHO CUCAri NGA,UNC E
CALIFORNIA. ITY OF
APPROVING II*ROVEHENTV URITYERFOR NPARCEL
AND MAP
5981.
I. construction of improvements for nTract 9472tsubmitted
by Boulevard
19th Street, cast located on the north
Avenue ,
side of
RESOLUTION NO. 84 -11
® A RESOLUTION OF TIIE CITY COUNCIL CALIFORN H
CITi OF RANCHO LUCAMOHGA,
IV IMPROVEMENT 2- AND
MMPROVEMENT SECURITY TRACT947
35
36
38
i
City Council ..geode -1- January 18, 1984
J. Approval of Security and Agreement for a Single 39
Family Residence Located on the southeast corner of
Summit and Etiwanda Aveducs nub�itted by Richzrd
French.
RESOLUTION NO. 84 -12 46
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITI FOR 12919 SUMMIT
AVENUE LOCATED AT THE SOUTHEAST CORNER OF
SUDIIT AND ETIWANDA.
k. Approval of destruction of Personnel Records no 47
longer required by Law,
RESOLUTION NO. 84 -13 49
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CITY
A�1 RECORDS AND DOCUMENTS WHICH ARE NO LONGER
�I REQUIRED AS PROVIDED UNDER GOVERNMENT CODE
SECTION 34090.
1. Approval of authorization for the City of Rancho 51 k'k
Cucamonga to renew participation in the California
State Surplus Property Program.
RESOLUTION NO. 84 -14 53
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AUTHORIZING THE EMPLOYEES DESIGNATED BY
t NAhE AND TITLE BELOW TO ACT AS
REPRESENTATIVE OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, IN ACQUIRING
FEDERAL SURPLUS PROPERTY UNDER THE TERMS
AND CONDITIONS ATTACHED.
i'
M m. Approval of agreement with City of !bottle it to 54
complete a cooperative study to concolldate en1I
abandon the Southern Pacific's Foothill Railroai
c Line. Cost not -
to- exceed $9,000 to be funded from
1 Systems Development funds,
E
•
City Council Agenda -5- Janua.y 18, 19e4
n. Approval to designate the Cherbak Family Home as a ^3
significant historic feature of the City of Rancho
Cucamonga and therefore designating it as a City
Historic landmark.
RESOLUTION 110. 84 -15 73
A RESOLUTION FOR THE CITY COUNCIL OF TEE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RECOGNIZING THE CdERBAK FAMILY HOME AS A
SIGNIFICANT HISTORIC FEATURE OF THE CITY
OF RANCHO CUCAMONGA AND THEREFORE
DESIGNATING IT AS A CITY HISTORIC
LANDMARK.
o. Approval to designate the United Methodist Church of 74
Cucamonga as a slgnificanL historic feature of the
City of Rancho Cucamonga and therefore designating
it as a City Historic Landmark.
RESOLUTION NO. 84 -16 74
• A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA. CALIFORNIA,
RECOGNIZING THE UNITED METHODIST CHURCH OF
CUCAMONGA AS A SIGNIFICANT HISTORIC
FEATURE OF THE CITY OF RANCHO CUCAMONGA
AND THEREFORE DESIGNATING IT AS A CITY
HISTORIC LANDMARK.
4. ADVERTISED PUBLIC HEARINGS
A. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE 83 -08 75
TENIATIVE TRACT 1 525 - TRUAX - A c age o zono
2rom Medium Density Roe antia (8 -14 du /ac) to Low
Mudlum Residential (4 -8 du /ac) for a total
development subdivision of 16.5 acres into 123 lots,
comprising 122 zero lot line units generally located
on the South aide of Arrow Highway, between Turner
Avenue and Center Avenue - APN 209 - 091 -I0.
ORDINANCE NO. 216 (first reading) 96
AN ORDINANCE OF TILE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 209 - 091 -10 LOCATED ON THE
SOUTH SIDE OF .LAROW HIGHWAY, BETWEEN
TURNER AVENUE, AND CENTER AVENJE FROM
MEDIUM DENSITY RESIDENTIAL t8 -14 DU /AC) TO
LOW MEDIUM RESIDENTIAL (4 -8 DU /AC).
E
City Council Agenda -6- January 18, 1984
B. APPROVAL OF THE FINAL CNVIRONMENTAL IMPACT REPORT 98
EIR FOR TAE LTA-U59 DRAINAGE SYSTEM - It le
iecommecae t ac c e City Course -cone er approval
of the attached reenlution'certifying and adopting
the Environmental Impact Report for the Alta Loma
Dralmge System.
RESOLUTION NO 84 -17 109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA. CALIFORNIA,
APPROVING THE ADOPTION AND CERTIFICATION
OF THE FINAL ENVIR0N1ZNTA1. "PACT REPORT
FOR THE ALTA LOMA DRAINAGE SYSICI.
C. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE 11U
AMENDMENT - An amen went to Title !4 of c a Ranr.
Cucamonga Municipal Code, Section 14. ?0.110 of
Chapter 14.2n, Signs, to change the maxinum height
limit for a wall sign on an industrial building from
20 feet to a height not to project above thr
roofline.
ORDINANCE h0. 65 -C (first reading) 11'
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA AMENDING CHAPTER
14.20, SECTION 14.20.110 OF TITLE 14 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE WHICH
REGULATES SIGNS TO ELIMINATE THE TWENTY
(20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR
WALL SIGNS ON INDUSTRIAL BUILDINGS.
D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE 116
AMENDMENT 84 -01 - An amendment co the Bancho
ucamonga Deve opmont Code, Title 17 of the
Municipal Code, amending Section 17.08.040 -B and
17.08 040-C to require a Corditional Use Permit for
single family detached dwellings lees than 900 sq
ft.
ORDINANCE 211 -A (first reading) 122
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING TITLE 17, CHAPTER 17.08, TABLES
17.08.040 -B AND C, OF THE MUNICIPAL CODE,
TO REQUIRE A CONDITIONAL USE PERMIT FOR
SINGLE FAMILY DETACHED DWELLINGS LESS THAN
900 SQUARE FEET.
City Council Agenda -7- January L), 1984
E. ORDER TO VACATE THE NORTHISOUTH ALLEY LOCATED WEST 125
OF CENTER AYENUE AND SOUTH OF 25TH STRLET
�— � 1J0
RESOLUTION N0. 84 -18
A RESOLUTION OF THE CITY COUNCIL OF THE
ClrY OF RANCHO CUCAMONGA, COUNTY
BEINARDINO, STATE OF CALIFORNIA, ORDERING
10 BE VACATED, THE NORTHISOUTH
LOCATED WEST OF CENTER AVENUE AND SOUTH OF
25TH STREET.
F. DEVELOPMENT AGREEMENT
- CALHARR DEVELOPH'dNT - 132
HERITAGE PARK ENIOR ITI BN HOUSING PROJE T -
Approval o a pave opmen[ Agreement etvean t a City
of Rancho Cucamonga and Celmurk Dovelopman[
Corporation of Archibald, Senior Citizen
If Bass
Lin&.
ORDINANCE N0. 217 (fire[ reading)
155
• AN ORDINfd10ECALIFORNIA, CITY PROVING CHA
DEVELOPMENT AGREEHF.NT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND CALMARK riVELOPHENT
CORPORATION.
5. NON- ADVERTISED PUBLIC ;1EARINGS
A. JPPEAL OF USE DETERMINATION BJ -O7
- ALTA LOMA PEED 157
S.ro - raquo— a—t co term ne L a ee store
aei it) a 6681 Etivanda Avemuo to appropriate for
the VL Olatrict of Etivinda, Staff report by Rick
Gomez, City Planner,
B. APPROVAL PF CONDEMNATION AGREEMENT WITH R.C. LANG 166
CO. CC roetruct ono Train ng Levae Pcovt, ^8 Flood
end
Protection for Tracts 11934, 12044, 12045,
12046. Aparovol is recommended of agreement with
R.C. Land Go. to cover all costa involved in the
condemnation of lands required for the construction
of a flood protection training loveo.
•
City Council Agenda -8- January 18, 1984
S. CITY HANAGER'S REPORTS
A. FORHATIOt: OF ASSESSMENT DISTRICT 82 -2. Rea=and 117:1
approval or a,tlona necessary Co Solt! n to
proceedings to formation of Assessment District 82 -2
and approval of plans, specifications, Cngineer's
Report and fixing the dace for protest hearing for
Marta 7, 1984.
RESOLUTION N0. 84 -19 ISO
CITY SOF�IRANCHO THE CITY
ON COUNCIL CALIFORNIA,
COVERING PRELIMINARY DETERMINATION AND
ORDERING THE PREPARATION OF A REPORT ON
SAID IMPROVEMENT -
RESOLUTION NO. 84 -20 ^82
CITY COUNCIL OF THE
RESOLUTION
C11-f OFaANCHO THE CALIFORNIA,,
PASSING ON THE ,REpORY• OF THE ENGINEER,
e GIVING PRELIMINARY APPROVAL, AND SETTING A
TIME A'ID PLACE OF PUBLIC NEARING.
kESOLUTION N0. 84-21 184
A RESJLUT104 01 THE CITY COUNCIL OF THE
CL1Y OF RANCHO CUCAMONGA, CALIFORNIA,
APPRO'JINC A REFURT UNDER THE "SPECIAL
ASSI'eSHEAT INVESTIGATION. LIMITATION AND
•NJORL:Y PROTEST ACT OF 1971 ", AND FIXING
\ O \TE OF HEARING. 1 .REON.
^.LSOLUTLON NO. 84 -22 185
A FESOLUTION OF 111E CITY COUNCIL OF THE
L1.1 OF RANCHO CUCAMONGA. CALIFORNIA,
AUT'IORIZIIG TILE SALE OF SPECIAL ASSESSMENT
LONDS IC FINANCE IMPROVEMENTS IN S SPECIAL
niSESSN'NT )ISTRICT
B. ,Ilr "ICATIO.1 JP PERSONNEL AUKS Sca REr,I'_ \PIONS, the
187
RS•;
Cou 11 u13 tonsl er mo �so:�nel
P.ulas and Rcgulacf ans regard lug ttlon of
"Part- time ", and '•Regular Part- tl.ze' employee
classifications. Staff report by Robert Rizzo,
Assistant to City Hancgl r.
a]
City Council Agenda -9- January 18, 1986
7. CITY ATTORNEY'S REPORTS
8. COUNCIL BUSINESS
9. AAJOUR'.2MNT
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CLAIM FOR DAMAGES II allmn roRia&v sz
TO PERSON OR PROPERTY cLAU Na
ea � .. tewa.a Ste rar<
VMMUCTIONS CRY OF IWNCR I S E
1• �aW fr ae.u, w� n g•e.e. w to /r••ad_ ar•erty .feat be aw ar ADMINISTRA_.A
Z `IW !ga elan e1Nr W aeeerr•am. flora • [1111
° ► (O Gde Sin [t 1 marl be AW an Wr taaa 1 You attar tae
Y. n«d mUre dale, before duns. AN 00 W3
3 n%e l,ap Y for diagram uDOn Which W Ioule ptaco M acridtnt �p
e: Alenrl'm Iona mwt a daned on pa• 1 at Ooltom �!ln91'fd11t11
7" muffin a plyry tp Cil tO give NU drtaUr. SIGN EA SM=. �fQ1e
ICar Code SeC [taai
TO: CITY OF DztwxxXXW RANCHO CUCAMONGA c" 1 LA-111' QUga
of Claimant (U natural prsanl
3701
Give addr•ae to ohleh you dnhe notkn ar <ammuakatlom to N unt re[ardin[ lw cbtm:
Lynberg 6 Nelsen 000 West Sixth Street, $1000
Attnrneu. .♦ r..,.. _
., u a.amnum r muuar occurs Give full DartlruLs - - --
City Plaintiff Eric J. Klock was struck while crossin Baseline Avenue,
Of Rancho Cucamonga by vehicle driven bySusan Diane Sachett.
•
%'he" dta DAMAGE ar INJURY acur' Give full parttcul•ra, date, tun • of day:
October 15, 1982 at 2:13 p.m,
Whern did DAMAGE or INJURY occur• Dew,lbe fumy, and {acue on alyram on ,verse aide of Uu then, rheas
Street names and addreu and menuremems ham landmar a. DDropnne, live
Just outside o: parking of Alta Loma Nigh School
What parrtrular ACT or OMISSION do You claim caused the mlury or damage' Give names of City emD1aY<ta cawm[ the mlury or
auur•,ul"°"'r" Negligent owner, supervised, designed, repaired, maintained and
inspected roadway and negligent supervision of minor leaving school ground
and using available existing exits.
What DAMAGE or INJUlt= des you Claim reaultedl Give hdi extent oI Inluriea or aunafn dStmed:
Cross - complainants seek indemnity and contribution,
WWI AMOUNT do you deim on account at each Item o/ mlury or dune • u of dne o! uamtetlon of this c
acmputation: [ P lain, giving buu at
Total araunt of any settlement or judgment rendered against
cross- complainants including attorney's fees and costs.
Ghe &nmdATTD AMOUNT as fu u imotrm you ddm on aecouot of each Item ,. ro
Plaintiffs claim in response P expenses Injury or dsavg•, pYing haw d
hospital $15,000, personal damages medical expenses 520,00,0
Unknown pursuant to C.C.p. S$255..11Y 5100.00, general damages $1,000,00
Irrutanbo payment s*Mvod. It soy, and names of Insurance Company:
Unknown
Rgpandituree mode ten account of socJdrnt or Injury' (Tate — Item) (Amount)
Unknown
Name and address of Witnesses. Doctors and HorpltaL.
UakaowD, edcCept Sian Hill, 9717 Palo Alto Street, Rancho Cucasonga
BEAD CAGEFULLY
ror all accident clatms place on following die am names of Kresu. IncluOina North. Last, South. and Wen; Indicate piece of
accident by "%" and by showing house numbers o! diaunco to street corner.
It Clty Vehicle was Involved, designate by letter "A" location of Ch vehicle when 1nu flnt saw it. and by "S" location of yourself
v°tehylcU II.V timhen you first ity'D•�inA location iof city void �at %e of accident by "A-I" and location of yourself or yuur at
NOTL: If diagrams below do not fit the situation, attach hereto a proper diagram signed by clolmant.
MW
7
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FOR OTHER ACCIDENTS
Of
J1DENUILK
IL
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PARKWAY
V/ 11 SIDEWALK
FOR AUTOMOBILE ACCIDENTS
I I U L-1 L..__.
7A77//
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Slgtnnstuff of Claim t or D on fills n his behalf giving •Typed Name: �„ a LL it . t Date
reLtiomND to C ant
PATRICK L. GRAVE& 1 -E -•
NOTL: A6 alt
maults/66611 rsqulrsd 10 be examined u to their clam urder both (Charter Sea p). Pteeentetion of 6 Mm classes
L felony (Cif. Pat Cccis Sat.)
C"IMS UM &L rn= Fir "ITY CLnK (007. CODL UC. 9130).
cc,
CLAIM FOR DAMAGE OR INJURY u+.t
.fY
±tlrttt Ter d@.A , irqury to pNeon, •w b rgettel popery riWt b fill °
ueenea fGay. Code, See. 911.2).
r . .& ADIM
1 }ee#erty mud be filed not later than i year after the
a JAN VFW
TO: CITY
T_�
7
1110AN "
one Pqa
WHEN did damage or Injury occur?
INHERE did damage or injury occur? DN 7jt ��,,, 1'Mrfan V+� t?eCLtttste•' -cltr. �C a
HOW and under what circumstances did damage or injury occur?—.T W, SLDCI.Jll
J6-.V— �,�p.�. =c�Q l �s.+a Ra-i� 7.... l� ILs�� s..i i ..n.l.... 131L
('Iw .±Itt ��y u... +.rrt iM..f• nu ne oytt t'tt ti° (• ^is— d�rsrl- t-�'16R1''y�ent�.rn r,�rj(tr•
�,.reS •i'itl f�j
WHAT particular action by the City, or Its rmpioyees, coused the alleged uomogo or Injury?
(Include non is of employees, If known)
ffa-pV uq rM,rk 4a4 'A J - F4t...F ihL r sr +r.., tfu.v ".141 JAF' gem,
HAT sum do you claim? Include the estimated amount of a y prospective loss, insofar ce It may be known
of the time of the presentation of this claim, together with the is nis of computation of the amount ciclmed:wf"
(Attach estimates or bills, If possible) �+
a.r
trot
Lsk 42. Mr�.�.( ES�PEPI: teiM rn i{a(•t�s FAI
Total Amount Clalmed:
, and addresses of o Itiesses. Doctors and Hospitals:
S
�$ JQD ,rev
CC: Wow,,a1.
CLAIM FOR DAMAGE OR INJURY a��+
W :s 4 , Injury to person, or to peseenel property must he file�fi�1
f
eecuweeee (Gov. Code, Sec. 911.2).
Cl ' reel prepeoy mud be fled not later than I year after the occurrence
(G
TO: CITY OF /(pvi/,t,. Lutan/ius.4
q
Age
7607 Ar.•.
Address to Ih ch Claimant wls r, notices sent.
WHEN did damage or injury occur ?__ , %C7•
WHERE did damage c Injury occur? 7601 tx` -.v, Ze- ,Cd
HOW and under what circumstances did damage or injury occur? 114,,s /. -eVe6e
e!
��a ova
OFF Tnw %/ILC,{
� �, /°,e...r OF WNcLB A/d /A,f ,+sod N.,•D
WHAT particular action by the City, or its employees, caused the alleged damage or injury?
(Include names of employees, if known)
%5'7166 LuAf +ou.,,.T.o D,eiIE,P Bf AF/' /CE? Ain,A,ET%
WHAT sum do you claim? Include the estimated umount of any prospective loss, insofar os it may be known
at the time of 'he presentation of this claim, together with the basis of computation of the amount claimed:
(Attach estimates or bills, if possible)
the T./A rac e? �e. /ha7 �-�. �G.!4e A ✓�. �nw T..H �0. 1JT1i' S /i*r- 99
A,. >.., U /�,��i..-, /170 W..L� A�,t,u�ti_ 9/7t, S �j f Lo ��f i_f� f7wi re
Total Amount Claimed: S f�9 8 .98
NAMES and addresses of witnesses, Doctors and Hospitals:
11
2
CITY OF RANCHO CUCAMONGA
STAFF REPORT'
DATE: January 18, 1984 yen
TO: City Council and City Manager
FROM: Lloyd B Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Summarry Vacation of a 20 -foot public utility easement for sewer
and water purposes dedicated to the City of Rancho Cucamonga in
connection with Parcel Map 7349 located east of the 1 -15 Freeway at
Hyssop
Lewis Homes has requested the above described easement be vacated. This
easement was dedicated in error on Parcel Map 7 ?49 for sewer and water
purposes and is only requi ^ed for Cucamonga County Wuter District.
The Cucamonga County Water District has appr;ved a Grant of Easement from
Lewis Homes for a 10 -foot easement at this same location. A copy of that
easement is attached
RECOMMENDATION
It is recommended that :he City Council adopt the attached resolution
approving the vacation of the above drscribed easement and authorizing the
City Clerk to cause same to bs recorded
Respectfully subgritted,
LBHR1K:Jaa
Attachments
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WIS HOMES !nam MMAt=Aw /°Oen, 670/V0W4CA 91796/ 74 9650971
January 5, 1984
v
Lloyd Hubbs
City Engineer
City of Rancho Cucamonga
9320 Base Line Road
Rancho Cucamonga, CA 91730
Su.jec -: Parcel Map 73.9,
Sewer and Storm Drain Easements
Dear Lloyd
HAND DELIVERED
1/5/84
We erroneously dedicated a Sewer and water easement to the City of Rancho
Cucamonga across the northerly twenty feet of Parcel No. 1 See attached
portion of recorded Parcel Map for details
We have sold this parcel and the closing of the escrow is being held up
Pending the City's release of the twenty -foot easement Cucamonga County
Water District only requires a ten -foot easement for water purposes We
have provided them this easement by separate deed (copy attached)
Both the Cucamonga County Water District and ourselves have executed an
agreement (copy attached) which reflects the responsibititiea of each party
We hereby request the City to follow through with the quitclaiming of the
existing easement If you will e,3c, execute the attached agreement, it
will enable us to close escrow
Please Contact me if you have any questions
Cordially,
LEWIS HOMES OF CALIFORNIA
RON NOTTINGHAM
Engineering Coordinator
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• RESOLUTION HO. 01- 18 -07CR
A RESLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF
A 20 FOOT PUBLIC EASEMENT FOR SEWER AND WATER PURPOSES
DEDICATED TO THE CITY OF RANCHO CUCAMONG.A IN CONNECTION
WITH PARCEL MAP 7349 (11-034)
WHEREAS, by Chapter 4, Article 1, Section 83,0, of the Streets and
Highway Code, the City Council of the City of Rancho Cucamonga is authorized
to summarily vacate a 20 foot public easement for sewer and water purposes
dedicated to the City of Rancho Cucamonga In connection with Parcel Map 7349
(V -039) hereinafter more particularly described; and
WHEREAS, the City Council found all the ev'dence submitted Urat said
20 foot easement is no longer requirid.
NOW, THEREFORE, BE IT RESO..VED by the City Council of the City of
Rancho Cucamonga as follows:
SECTION 1: That the City Council of the City of Rancno Cucamonga
hereby mL eTc s its order vacating said easement further described in a legal
description.
SECTIOU 2: That from and after the date the resolution is recorded,
said easement no longer constitutes a public easement which is attached
hereto, marked "Exhibit A° and by reference made a part thereof
SECTION 3. That the City Clerk shall cause a certified copy of this
resolution to oe recorded in the office of the County Recorder of San
Bernardino County, California.
PASSED, APoROVED, and ADOPTED this 18th day of January, 1984
AYES.
NOES:
ABSENT:
ATTEST:
® Lauren M. Wasserman, ty er
Jaa
Jon 0. Ilikeis, Mayor
- /8—
`Exhibit An 0
LEGAL DESCRIPTION
V -034
The 20 foot wide public utility casement as shown on Parcel 1 of Parcel Map
1349 in the City of kancho Cucamonga as recorded in Book 83 of Parcel Maps,
Pages 20 through 23, official records of the County of San Bernardino, State
of California.
11
0
I
E
Parcel Map 8007 was approved by Planning Commission on July 27, 1983 for the
division of 17 8 acres into 4 parcels within the R- 1- 20,000 zone.
City Council approved an appeal of the cond tion to construct the off -site
improvements on Parcel 3 prior to recorda'ion on September 7, 1983 and
concluded that a Lien Agreement be accepted it lieu of the construction.
A resolution accepting the Lien Agreement is attached along with a resolution
approving the map.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving
Parcel Map 8007, accepting the Real Property Improvement Contract and Lien
Agreement and authoring the City Clerk to cause same to record
Respectfully submitted,
L BH:or. j,la
Attachments
1<
CITY OF RANCHO CUCA14ONGA
cr
STAFF REPORT
tvn
DATE:
January
18, 1984
TO:
City Council and City Manager
FROM:
Lloyd 8
Hubbs, City Engineer
BY:
Barbara
Kral], Engineering Technician
SUBJECT:
Approval
of Parcel Mao 8007 and Real Property Improvement Contract
and Lien
Agreement submitted by Philp 31ane and located
on the west
side of
Hermosa between 1i 11son and Hillside Road
Parcel Map 8007 was approved by Planning Commission on July 27, 1983 for the
division of 17 8 acres into 4 parcels within the R- 1- 20,000 zone.
City Council approved an appeal of the cond tion to construct the off -site
improvements on Parcel 3 prior to recorda'ion on September 7, 1983 and
concluded that a Lien Agreement be accepted it lieu of the construction.
A resolution accepting the Lien Agreement is attached along with a resolution
approving the map.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving
Parcel Map 8007, accepting the Real Property Improvement Contract and Lien
Agreement and authoring the City Clerk to cause same to record
Respectfully submitted,
L BH:or. j,la
Attachments
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PA.FLCEL MAP NO.. 8007
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RECORDING REQUESTED RY:
and
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF-RANCHO CUCAMONGA
P. 0. do. BO7
RANCHO CUCAMORGA. CALIFORNIA 91770
REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT
THIS AGREEMENT, made and entered Into this day
of 19_, by and between Philp
Slane and JtanAC C Rlane (hereinafter referred to as
• Developer•), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a
municipal corporation (hereinafter referred t0 as 'City').
Provides as follows:
WHEREAS, R a general condition p'ecedant to the
recordation of Parcel NIP 8007, the City required the
construction of .(sling off.site street improvements including
curb gutter, A.0 pavement and appurtenant wort adllCent to the
property to be developed, And
WHEREAS, the Developer desires to postpone Construction
of Sucn Improvements until Parcel No a dr Parcel No 7 of said
Parcel Nap are developed, and
(0
I
WHEPEAS,
the City
11 lgreeeble to such postponenenl
provided that the
Developer
enters Into in s Agreement requiring
the Developer t0
COnYrYCt
slid "I'"Vemdpts, at no *'Dente to
the City after demand to do
so by the City, wnlgh said Agreement
shall also provide
that the
City may construct %aid Improvements
if the Developer
fa'It or
neglects to do so and that the City
shall have a lien
upon the real property hereinafter described as
secur IF for the
Developer
1 p <r /Orman Ge, and any repayment due
A
City.
(0
I
MOW, THEREFORE, THE PARTIES AGREE:
1 The Developer +areby agrees that they mill Install
Off-site street Improvement: Including curb, gutter, A.0
pavement and Appurtenant mart n accordance and Cpmplltnce vlth
All applICablA ordinances resol_tlpns, rules and regulations of
the City In Affect at the time of the Installation Said
Improvements 'hall be Installed u0o'- And along Wilson Avenue.
2 The installation of '.Id Improvements shall be
Completed no later than one (1) year fallowing vrltten notice to
the Developer from the City to comeee- a Installation of the
same Installation of said Imp...... is s.s I be at nc expense to
the City Said notice shall not be be71n 10, to the Issuance
of a building permit with respect to Alit parcel NO 2 or
Parcel no A of psrc@i Map 8007
s
7 In the event the Developer shall f or refuse to
complete the Installation of said Improvement n a timely
Manner, City MAY it Any ties thereafter, upo living the
Developer vrltten notice Of Its Intention to do s0 enter upon
the 0r00arty hereinafter described and COSplete Said IOp- ovtoents
and recover all Costs Of rO.pletion Incurred by the C,ty rr0m 4ie
Developer
e
e To secure the performance by the Developer of ne
l'
terms And Conditions of this Agreement AMC to secure A
�
repayment to City Of any funds whlCh nay De expanded D r city
A.
COMPIetIM9 said Improvements upon default by in, 0... 100sr
f
hl-sunder, the Developer does by tnese presents grant, bargain,
sell and convey to the Cltr. In -rust, in' fO111v119 described
1
real property situated in the City of Rancho CucAmonga. County of
San Dernardl'lo, State of Callfornla, to -wit:
•�
Force? Mo. 0 of parcel Map 8007 As recorded In Bolt
pages 0
01f ICIAI retards of the County of SAn arnar no,
State bT"E17 /ornN
1.
ro$�
1
11
5 This conveyance Is In trust for the purposes
described above
5 how, therefore, If the Developer shall faithfully
perform all of the acts and thingt by them to be done under trio
Agreement, then this conveyance shall be Vold, otherwise, It
&hall remain In full force and effect and In all respects Shall
be considered and treated as a mortgage on the real property and
the rignts and obligations Of the parties with respect thereto
shall be govehed by the provisions of the Civil Code of the
State of California, and any other applicable statute, pertaining
to mortgages on real property
►_I
e To the extent required t0 give affect of this
Agreement as a mortgage, tee term •Derr *per- shall be
- eortgagorw And the City shall be the 'mortgagee- as those terms
are used in the the Civil Code of the State of California and any
other statute pertalning to mOrtagt% on •oil property
9 If legal dawn IS commenced to enforce any of the
provision% of this Agreement i recover any sul which the City
I% entitled to vaporer from ilia Developer hereunder or to
foreclose the mortgage created hereby then the provasltng party
shall be entitled to recover Its costs and such ref%enable
attorneys as a% shall be awarded by the Court
IL
7
i
7 Thls agreement
Shall be
binding upon dad $hall Inure
to the benefit of the
het,%,
executors, administrator&,
40
successors and assigns Of tacn Of the
D,,ties hereto
►_I
e To the extent required t0 give affect of this
Agreement as a mortgage, tee term •Derr *per- shall be
- eortgagorw And the City shall be the 'mortgagee- as those terms
are used in the the Civil Code of the State of California and any
other statute pertalning to mOrtagt% on •oil property
9 If legal dawn IS commenced to enforce any of the
provision% of this Agreement i recover any sul which the City
I% entitled to vaporer from ilia Developer hereunder or to
foreclose the mortgage created hereby then the provasltng party
shall be entitled to recover Its costs and such ref%enable
attorneys as a% shall be awarded by the Court
IL
7
i
IN WITNESS Vr EPEOF, the P"tles hereto here executed
this Agreement on the aay and year first above written
CITY DEVELOPER
CITY OF RANCHO CUCANONGA,
a ounfc 1pal
corporation
corporation
✓ �r
By
00 N1 < f
Mayor
ATTEST:
EA
our en u
C1[Y Clert
lark
A
......•.. e..•.....,......• ...... ................................
STATE OG EALIFORN IA 1
COUNTY OF SAN BERNARDINOI si
mte A
s Dn S Ona y aPDeare _.19_.
before
, per
anally par
known t0 me t0 be the Mayor Of the CITY OF RAN 0.
CUCAMONGA, CALIFORNIA, A muhlClpal Corporation and tno.n to me
to bA the person who e.ecuted the wlthln Instrument an behalf of
R✓d OUR iCIPS' Corporation, and aCknowledgld to me that suCI,
w.nlClpal Corporation eAecuted It
WITNESS NY HAND AND OFFICIAL SEAL
ury 91e L.rt
STATE OF CALIFORNIA 1
COUNTY OF SAN BEANAR OINOI ss
me,
✓n ,19- ,before
the unoers 9ne teary vo lc persona r appau��
known to me w e L e
InStan t . Ost namely su scrlbrd to the within
Int trustnt and K[na +I<9e0 c aT, i etecuted It
+ITNESS MT NAND AND OFFICIAL SEAL
notary 9natere
NOT' ✓NEH DOCUMENT IS EAECJTED BT A CORPORATION 02 PARTNERSHIP,
THE SOME JURAT IS NOT ACCEPTABLE A CORPORATION /PARTRERSe..IP
JURA• S REMTWO
- - /1 a
• RESOLUTION NO. 01- 18 -09CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 8007,
(TFNTATIVE PARCEL MAP. NO. 8007)
WHEREAS, Tentative Parcel Map No 8007 submitted by Philo Roane
Subdivider, and consisting of 4 parcels, located on the west side of Hermosa
Avenue between Hillside Road and Wilson Avenue, being a division of a portion
of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 Section 23, Township
1 North, Range 7 West, San Bernardino Meridian was approved by the Planning
Commission as providea in the State Subdivision Map Act and is in compliance
vith the requirements of Ordinance No. 28 of said City; and
WHEREAS, Parcel Map No. 8007 is the Final Map of the division of land
approved as shown in said Tentative Parcel Map; and
WHEREAS, to meet the requirements established as prerequisite to
approval of the Final Map, said subdlvrder submits for approval said Final Map
offering for dedication for pub Ur, use the ;tracts delineated thereon.
NOW, THEREFOPE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, Calirornia, as follows:
M1. That the offers fo• dedication and the Final Map
delineating same be approved and the City Clerk is
authorized to execute the certificate thereon behalf
of said City, and
2. That said Parcel Map No 8007 be and the same is
hereby approved and the City Engineer is authorized
to present same to the County Recorder to be filed
for record.
PASSED, APPROVED, and ADOPTED this 18th day of January , 1984
AYES:
NOES:
ABSENT:
Jon D. Mikels, Mayor
ATTEST
Lauren M. Wasserman, Ulty Clerk
jaa
zo
• RESOLUTION NO. 01- 18 -1OCR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM PHILO BIAHE
FOR PARCEL MAP 8007 AND AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN THE SAME
WHEREAS, , located Parcel Ma 8007 submitted by Philo Biane was
approved on January 18, 1984; and
WHEREAS, Installation of street improvements established as
prerequisite to recordation has been met by entry into a Real Property
Improvement Contract and Lien Agreement by Philo Biane,
NOW. THEREFORE, 3E IT RESOLVED that the City Council of the City of
Rancho Cucamonga, California does accept said Real Property Improvement
Contract and Lien Agreement, authorizes tae Mayor and the City Clerx 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 18th day of January, 1984
ATTEST
Lau —ren IiI Wasserman, City Clere.
jaa
L�
Jon 0. MiZe-Ts. Mayor
AYES
•
NOES:
ABSENT:
ATTEST
Lau —ren IiI Wasserman, City Clere.
jaa
L�
Jon 0. MiZe-Ts. Mayor
•
F
Due to the change is ownership, Calmark Development Corporation is submitting
bonds and agreement to replace those previously submitted by Lewis Properties
for the above desc••ibed project
This project divided approximately 16 acres into J parcels Calmark has
submitted plans to construct apartments on one of the parcels and will be
constructing the off -site improvements
RECOMMENDATION
It is recommended that City Council adopt the attached resolution accepting
the attached bonds and agreement for Parcel Map 5792 and releasing the
previously submitted bonds and agreement from Lewis Properties.
Respectfully submitted,
LBH:BK :Jaa
Attachments
_ a z-
CITY OF RANCHO CUCAMONGA
c% 3 CA
STAFF REPORT°
�c
DATE:
January 18, 1984
1977
TO:
City Council and City Manager
FROM:
Lloyd B Hubbs, City Engineer
BY:
Barbara Krall, Engineering Technician
SUBJECT:
Release of Bonds and Agreement submitted by Lewis Propertie: and
acceptance of Bonds and Agreement for Parcel Map 5792
submitted by
Calmark Development Corporation located north of Base
Line, west of
of Archibald Avenue
Due to the change is ownership, Calmark Development Corporation is submitting
bonds and agreement to replace those previously submitted by Lewis Properties
for the above desc••ibed project
This project divided approximately 16 acres into J parcels Calmark has
submitted plans to construct apartments on one of the parcels and will be
constructing the off -site improvements
RECOMMENDATION
It is recommended that City Council adopt the attached resolution accepting
the attached bonds and agreement for Parcel Map 5792 and releasing the
previously submitted bonds and agreement from Lewis Properties.
Respectfully submitted,
LBH:BK :Jaa
Attachments
_ a z-
f I 1f
•' I 1f a I �P, LI' � � 1 �i F ♦ ate. \ 1 I 1 .4\ 1
di 1�! i- ,In �• II Sii 1 � 11�� \�`;��1��.�� �, � � m, �
I I
e 3_f \ \i. 7.C.�T � � � —. 1 • 1f.71 _ y `i•.I \\
as ��• �j, I 1.— �• _� y�._t..�C;: C'•i `'C
i=� \`♦ ""`��� 'T ���i�_� '�I '• .�"iJ mil_.
iJ1 3 j \ , ` ` r` •' ter` � ��
•1 in! :� :: d 'slt�i �lui
_ clTr OF 9ti4on cuca7alw
® ll ^WVEME AGREETIDIT
PARCEL IUD AD. $792
VVW ALL TEN by THESE PAISEHTS: That this sgretatnt IS Audi and intend
info. In conforcuna with the previsions of the Iunfcipil Code And Regulations
of Ih City of poncho CoOmnga. State of Callfornta, a mnlctptl corooration,
here) after referred to As the City. by •M between Said City and
CI NARK 0V,LONINT (OPP PATIOn
mrn i+ —ter a errta to a t a re opar.
WITTICISM
THAT. Ifs (AS pursuant to said Code. Developer has requested ao7roes1 by the
City of hrcei pup NPKer $792 In accorLnce with the
provisions of the report *f'EF@Zjfy g Aesf tnereon, and any aendnents
thereto: located m tom wave .sex o/ ArchtWold. SAW, at Aver Lt..
Md.
IMEREAS, tM City has established certain requirements to be Set by said Dev-
eloper prior to grating the final approesl Of the PSI"', pup; .red,
IMEpEAS, the eaetutlon of this Agreewent and posting of loprorevant security
es hereinafter cited. and aDproted by the City Attorney, in doomed to be
eoulra7ent to prior glotlon Of sow u rtyulrorents far the pupose of securing
said .pp m
roval;
tOH. THEREFORE, it Is hereby agreed by and between the City wad the Developer
as follows:
T The Developer hereby Agrees to construct At Oesaloper'S expense all
• iepror¢ents described an Fege S hereof wit'dn nine "Atha f" tte
date hereof. es per Section .12 Of Ordlnarca No. 20.
ES
2. The torn of this agrtemont shall be nine moths ccmrancing on the data
of necutlon Mnof by the City. This adrcorent she'll c. In default on
the day fallowing the last day of the tom stipulated, unless said tern
his been extended as hereinafter prorlred.
7. The Deral oper may request additional tine In which to Conplese the pro-
vlalons of this agreinnte In writing not less than far wa.b prior to
the default date, and including a state.ent of cirmstancts of necaslty
for additional tin. in consideration of such request, the City resents
the right Co review the provlticos hereof. Including constru_tlon standards,
cost estimate, end spfflcienty of the Iprovwlmt security. and to require
adjustmnts thereto when warranted by substantial cha119es therein.
d. if the Developer /ails or atgle•.ts t comply with the provlslom of this
m
.gn.nt, the City shalt have the right at ;ray tfm to Ouse said provisions
to be Coeplated by any lawful mans, and Ltempon to recover Iron es14
Developer and /or hit Surety the full etst and expenst Incurred fn so doing,
S. Encm,cheent pemits shall be obtatnes by the Developer fro,a the office of
the City Engineer prior to Stir-. of Inv work within the public right of way,
and the Developer SNIT conduct such work In full canaliance with the n-
gulations contained therein. lion- mpllann Auy molt In stopping of the
spat by the City. and .11.11mt of the penalties provided
a. publta right of way leprovenent work reg+lred Shall be constructed to ter
fomance with approved 1pnrrvAt plans, Standard Spesificsttonl, and
Standard Drawings and any special MMdOnts thereto. Construction shall
include any trinsltlons and/or ether incidental pun dnnd necessary fo
dretnage or public safety
REEK{ act
I
vap 2 •
INr AOtT: ma ACRIT)"r
T, Nv\ J•+w Within CatallnG art..,. a1N11 M AIIISently `unwed to eoeal.-
t4•nl [Led CltwytlflcJ doloyt to cnq la lmt ." ton ..... of all was am
M
.rat e[ new
mrvnrg ineurrrJ lrels he OevAep'r end /ae his eon[neto[ by any laW to
-aaa
R. Tu MvCloroc pall be rcarrnalble for rerImc nt, relocation, or re-
w•ral of any ermI,.t et any 1"tptien ..ter aYet" In conflict With
tin rtanl'ed Wary to the u[laf ... 1.. of the City chit near and he onnar
of the carer qun.
9. T ' A•valorcr ehall be r,.ronalbl* far teen
ral n�apr\ done oe tMdsdOs-
JeMlr fro• the pd•lie riot[ .f Way -t °uiK
cent pna,r[y or W191,10 eatd '/'ht of War.
10. Tim WreloKr Mall rlant a14 -Intel" prtuy tiger a, dlreaed by IN
Co..", cv..W -nt Ottertail
11 III. ,�feton ofntne ter- of to be furnialled [I b sCra,.¢nt shall be SAJ ca oo [Maaieroral
of tits City Attorney- The aviaries' amen[ of "Ed 1pmw -ot saeurtq
•lull be net lase than tM a-w[ •hove talrot
1,WWMOJIT SECUREIT SUPIITTot Talehful fIt IIMace % *M S49,000
TYPE
IURETT/ CUT pRIWCUAE Flom
W uvlal area Labor SoM
({9,000.00
15 WITNUS NEUOr, the pattl- hereto Mre ean.ed Flied' rn..ner to be duly
,.tnfertl geld lth all tot -littu ntnlrsd by fall on the data,
G JJx A... +�� __OEYFIOe[M
'7.t t DATE
Vii: 13 TE
WITNESS
CITY OF RANCHO CUCANONW Ea11rDaN1A
I euniciptl caroo"110,
MAYOR
er -- -- — -
-� Fir tt[•�
ATTEST --
CATE
n �
lr 1• J
WYl (. .J J1MYl
RCEIEB
7 ,
xSTUCTIOx AND IOl1 LSTI..MTI
' xctptamn rma fez SGICDU[•
• (Attach t0 "Insfaccer•s capy")
Dtrtl • rs@IIT M. sOVtRLD IT Iarlara
tlly Is /ervnu -a= Men p0} city Dravin9 Na.• Not cmcifte
xO• Tel Dvaa nvt lIgeclta. nelud. current is. f" vrltin/ F <mlt or pvTNht Taaiaca4
unt
0
eDY:rADRihY msr fntnATr
TOTAL MSrxmr011 COST
40.000.00
tMf @KIEV rF[S
MISrtUCTIDx Ixf /tCfIDN •
nC Cn
VT nCt CV Ctt
f. n1
M, fC •lt I.T lyf
I'MMIs eAVUI
YT ete11CIHCMT 1 '
TOac YItrA ♦1 •I At rr -Ebu.T L.
In
' TOM txsF[RIC•t rc•f
1•
} 1.1]2 21
CCJ,ValO.Y TEST its,
Tlv 102 sd.Y2ixct.YOics
•/
Dist" rssf (10• yr intal Cvnnrua tla., Cect Cu level
®
f T'�10
Faithful hrtetnnaa Iv -a • S 49,000,p) fOT.0
rittarlal .01 ular tan" f 44 :000 00
etclntananen 1Ln1 S
Cash Nvnwen[In0 W %'t: S
A• 9221
_ ac.
0
M•In yn .W61t
rArvirm it nFryAtl�Ct =npp 1'rf•IIVVr SCtl W
MornLA5, the City rosined of the Clty of n mreo
State or lar torn la, And 1 Wq
ehorelnattOn deal grated As Cuc. +.qnq r,
In agrornrnt wnurob; D 1 el -: nnmpn •w aA.Vy
da bddnlam red pvDlleclsprovenevs to lss4il'sndteo•pletvaecr-
:UfDI /rt t6 anti. which veld agrereena
ptoloet 19 ei•, a., [fend( lad on
a era y to area to an
ti n •part ergo J an ,
s9ioe I'm s, as id Principal la required
agrevnent fuenl.h a bond far the iredhfhder the term[ of said
porfamanao of gold
Iron, Tncll[roill.', me the principal and rlllr,q. IVU.HIn Qtrrlyr
Cm Y sin unto t a try O PAnr as au4ty, atI C an
Y "1. !n tha penal sus of Cuuennga (here lna free called
c4sw,nu Inn el
money o •t a nJ to
tn1Y t0 ba made, v to t.a, oe the Psymant pt vole �••• av u •••
tars add .drinktratoo,� ouncivas1 out heirs, suce et"ll ono
presents Jointly and sovarallY. flrvlY by thesatu
The rondltyan his in obtenal rnn la .ech that tf tnr alpve
Succebounded Prior tsaolgn-, ohall It. I., nil •recut..., .......erstora
ssors
and well and truly heap am tninge nand to
t ors and Provisions Derfom the coven. nt androndlc
thataa made as tAetat, [ne 81111 ageernon[ and en
kept and portornrd DrovlAed on A1s or tlu so sit eration
tiled. and 1n A" tea too tine Ann In tna runner Para to be
"anlnq, an0 oMlI Ind gets seeordl n9 to rho therein apse -
agants and l• y and anve It true Intent and
Shot l beraaeanullgor, ss that• bare l.sa C", Ir. of ll ten,
full force and votdl of n„ wlrpui aced then onto 06Loat inn
.nd offer[ r'r it "pall M , 1 re.11n
n
to thus a Part of the oh1111r 1u• a•.f tad ....bl n adq,tm•
Costs sr.ierc.rnOlt I-protfJ.•n en, .snail
torray�o f.vn, v.. urt eJ• 1 1' rnrlud•r
obi lgaela" 'It to be toedtaalr• v "O'cra.f °!lip en /nrelnal auea
Tender au Included 1r
any furl.. nr
"a surety her.•b
torsion of tine Y ar yno,lrw w I agorae. tool .
a9 ... nrn' or to allararlan nnt,••n to rho ter th „n
lllutton. sccoatan 11urh to b, l•rr 1n, t t^t resin •.•. ti.
ob]lgatlon+ an , Ylnn err a,. . rn •1
such ehanyn carnal bonJ an•I , d1 1- rrhn•,vra. ,r1
tore. tn. ^r t, 1 war
of 1grr.err. . L.er 1. 1mt.n rt .n aA ,
. . 1j •
Lr 1•• NIT'.1: VIIf1i J.,I ter
19tn Prin.r.•' an• s•. . n. It L
0
'A"U's OtttWNLW 04MUTION
e. ✓ ” d r
„ � �/ /�� _� n p Gsl -lOV It. At100.ytT•Ir -InR
..1, a /
RRRO'.UTION NO. 83 -222 -A
A RESOLUTION OF THE CITY COUNCIL nF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THE BOAR OF
SUPERVISORS OF THE C)UNTY OF SAN BERNARDINO TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE CON-
DUCT OF A CENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY ON TUESDAY, APRIL 10, 1984.
WHEREAS, a General Munim pal Election is to be hold in the City of
Rancho Cucamonga, on April 10, 1984; and
WHEREAS, in the course of conduct of the election it is necessary
for the City to request services of the County; and
WHEREAS, all n-iceeaary expense in performing this service shall be
paid by the City of Rancho Cucamonga;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1 That pursuant to the provisions of Section 22003 of the
Elections Code of the State of California, this City Council requests the Board
of Supervisors of the County to permit the Registrar of Voters to prepare and
furnish to the City for use in conducting the election the computer record of
the names and address of all eligible registered voters in the City in order
that the City may print labels to be attached to self- caller sample ballot
pamphlets; and will also furnish to the City printed indices of the voters to
be used by the precinct board at the polling place; and will make available to
the City additional election equipment and assistance according to state law.
SECTION 2. That the City shall reimburse the County for services
performed when the work is completed and upon presentation to the City of a
properly approved bill.
SECTION 3 That the City Clerk is directed to forward without delay
to the Board of Supervisors and to the Registrar of Voters, each a certified
copy of this resolution.
SECTION 4. That the City Clerk shall certify to the Passage and
adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, and ADOPTED this 18th day of January 1984,
AYES:
NOES:
ABSENT:
Jon D. -K-LE. e, Nayor
ATTEST:
Lauren M. Wasserman; City Clerk
ZASOR AND KATtRIALMCn motto
IOM NO. 106646
VRNIVM. INCLUDED
wHCPL\S, the City Counctl of the Cltpp of Rancho Ncanonga,
state of California, and CALVARt -.VEL01t fOFpncho
lhare:nat whereby deelgeelte ai pr -Cape eve •ntu .1O •n
Igzee,nent vheraDy Gtlnc.pal Agra@ to Install
tan
end complete ar-
d.IlanateA public lryrv.acnt•. which Sole Agreement,
faced
and Identified as
sett Intl ..° !� Stiff i pro-
8 ere y to art, o a .e • ro
Mamas- Older dhe game of Said agroanent. principal 1s s-
quired before entering upon She
performance of the work, to file
a good and sufficient tvl> nt bond with the
City of Rancho Cuts -
.onqa LO Iecur• the -1114 to which reforande 1s mud. In y3tle 13
ecodnq with section
30N) of /ars t of Division 7 of ens
Civil
c1V13 Cope OI the state Of California.
Mow, ?UNITORf. Said principal and Na urdsrlgned as
- OCParr Iuraty are halt tlmly be
unto et• Ctty of Rancho
Neamnp and all contract Subcontractors, leborta, material-
and Other persons Sapleyed In
the
agreement and referred to I- the aforesaid COt�dn of of aforesaid
•
1
1n the Su! Of rd�myt TNQ!rAPd AMJ m /1•JOn3r 0dm.f _CIwi ...Hi.
boo o os • r t anon of onyyakfnd, or oc arounureuorut~d��ru;
the Uneeryloy.ent 7eeurvna
Act vfth respect to weh work or labor, @&og in
°[orth�
upount harelnabovelue oldir.glgthe
and aYsoatn uso`uult
ex
,eCunt upon ras,onall ° *opens,, andofesa.
lorney's fees, Incurred by City in Iuee including
!n- IUdlnq reeonrble`�i-
enforcing rush
obligation, to be awarded end flsad by the ch
as
carts and to -oust, and to be taxed
included In the
1udguent thezNr rendered
yW
It Is Shall Inure ho tie b1°enefltYOttanylAt'daand agreed that this bond
-or ration• entitled to file clelea ° Title sl!`(corlientingnd
Under
with section ION) of part 6 of Division
1 of Na C1v31 Coda, so
as to give s r1 ht of action to them Or Mdr aealgns
Drought
Saw ,.Ys bond In any cult
this obllgat on SaAll condition
yy
become a Il bond be diAlll than
an.t ra.afn In full force and Watt
7h, aunty hereby stipulates and agree. that m Change ex.
tenslon of tlee, aitartlon
Or addition o the terns Of raid
egto.ent or the sparifoatlon..ccampanying
the rSa aNll !n
any .Inner effect It. Obligations on this ono,
byy
and It doll hero-
wive notfce of any such Change SatSa Ueo Olt-ration
Altice
,
ar ad
IN w17ACSS wMC1901, thll inattuaent Na been dear r.e ✓,fed
D1 the prfrctW and
.uretY above named or xo. tyvR Is
ALYARKDDEEVVEIODMENT
CORp(WylDN
rreicn/t�/•,/Mcu rr twrA,
_
By:
N -
// tl. O. GaL'a 1A. ATrDaNET•IN•rACf
RESOLUTION NO. 01- 18 -06CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA14CHO
CUCAMOuGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND 19PROVEMENT SECURITY FOR PARCEL MAP 5792
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has f�• its consideration an Improvement Agreement ezecutt+ on
January 18, 1984 by Calmark Development Corporation as Developer, for the
improvement of public right -of -way adjacent to real property specifically
described therein, ano generally located north of Base Line, west side of
Archibald Avenue; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said real property referred to as Parcel
Map 5792; and
WHEREAS, said Improveme,'t Agreement is secured and accompanied by
good and sufficient Improvement Security, which is identified in said
Improvement Agreement.
NOW, THEREFORE, BF. IT RESOLVED by the City Council of the City of
. Rancho Cucamonga, California, that said Improvement Agreement and Improvement
Security previously accepted by the City for Parcel Map 5792 submitted by
Lewis Properties be released.
F{
NOW, THEREFORE, BE IT FURTHER PESOLVEO 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 18th day of January 18, 1984.
AYES
NOES:
ABSENT:
ion 0 4ikels, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk
jaa lk
J
•
\L
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1984
TO: City Council and City "anager
FROM: Lloyd 8 Hubbs, City Engineer
SUBJECT: Release of Bonds
P.M 6651 - Located on the Northeast corner of Base Line and Archibald
OWNER: D1C Associates
270 S Bristol, Suite 201
Costa Mesa, California 92626
Faithful Performance Bond and Labor and Material Bond
for the removal of an existing structure $8,250.00
The above bonds were required to guarantee the removal of structures on
the subject Parcel Map prior to constrdction The structures have been
re.ioved and the bonds are no longer required.
P.M. 5922 - Located at Jasper and Gala
OWNER: Family Savings b Loan Assoc
3683 Crenshaw Blvd
Los Angeles, California 90016
Labor and Material Bond (Road) $48,513 02
•
0
`J
CITY OF RANCHO CUCP.IIIONGA COCAM_
C>
STAFF REPORT
C
�b
p
Z
C
U �
1977
DATE: January 18, 1984
TO: City Council and City Manager
FROM: Lloyd B. Huobs, City Engineer
81: Barbara Krall, Engineering Technician
°0
SUBJECT: Request for extension of time for bonds and agreement for the
construction of off -site improvements for Parcel Map 5981 submitted
by Arlan Walton and located on the east side of Sapphire Street,
south of Hillside Road
Mr Arlan Walton has requested additional time to complete the off -site
improvements for his project, Parcel Map 5981 for economic reasons. The
o Parcel Map 5981 rhich
construction of for Parcel 1
Bonds in the following amounts are being held by the City Clerk:
Faithful Performance Bond: $1,800 00
Labor and Material Bond: S 9D0 00
RECOMIENOATION
It is recommended that City Council adopt the attached resolution extending
the above described agreement to CCtOber 7, 1984
Respectfully subm
Attachments
31
(fie 0
5c -- ..w-�
,�daltl-
- 3 �_
•
it
r
CITY OF RAX-m ctvmxDA
IWROYFMENT EXTENSION AREfxLMT
FOR
PARCEL MAP 5981
KNOW ALL MEN By THESE PAli ^i"S• hat this oveekc Is mete am sntved Into,
In ConriOmance .ith let aro.talans of the S odms:on May A;! of ina City of
Rancho Cucamnga, California, a auhiclpal lor'1nt'0n ty and bet "" the said
City, he- alnafte. nfe"m to as the C Y. and AAL(a V VAL.OM
referred to as the DOW ner
MITMESSETN:
THAT, WMAS said Dvelooer intend into an nrnvMpt agrrtaant with the
City as a Illuislte to Icsuanct Of pulldtngs permits, and
VHEREAS, said perelewr des,r,, an It" "o. of line to co'Late the !d •t of
the said Iwboement agreaent
AOa THEREFOR[, It is he•eoy ag'"i by the City and by said Deveieper As
fat 0.1,
I The CoWIet10A date of tae tare{ of the $ay Inprleegnt .drteae0t It
haply utendel by a .erlpd Of 11 =Mt" from the date or ea.Irattrn of
the laid Nreeeent ENpirictc- dace to to October 7 1984
2. Theresa in 4yroaenent Hcurlttel t, nfiact current imdroveaant costs
mall to f„rnynad by the cow,dv +stn tnit yratsent Lm shalt to
...raved by the City Attorney.
7. Tht ry00188 011d and the additional ynntipal
Oauntl thb
torth on 'M Att ... 8! sheet lof are met
• a •11 -thc- tare! and -,.e gent to the sold Irprdve - agreenant shall
regain the
:{ tv+drrcl of "de -hand t+T cre :rpv sd•t <:nsamH ne -ten, and dI inunt t1
Ce—J lY .'u fare, tnr Di el:per has '"Ott" the Woo defcelted Iedrt.",t
tecurtty, all has afflaep A's signature hereto
FAITHFL: PERFORMANCE RONO
Descripttdn Bond .0.ttt' -pal P. nc toil ""t NONE
Surety Co rcial Union Inerace Co
A up u •i
ndress San Bernardino Ca
MATERIAL AND LABOR BONO
DesCryilpn Adattlona princlool :saint: NOME
Surety S.WE
Aldrats
Aed':iOnal Cash Depaf't
CASH DEPOSIT +CLNRIENTINO Sao
NONE
MAIMTEMAACE OU AWEE BOND
To at pastel .riot !o a;ceo:an:e of tnc Or ArinC�.li or'OAt N/4
............................ ..............o..............:. :..................
PIT' OF RA:CNO C-J-:AwJ'a;A %i E.CO EA
CALIFORNIA, t dun tt toll COrpoq l'On
By
Analt:
u.ren ., nslernm, LltY t vt
NOTE: DEVELOPER'S SIGNATURE RM EE MOIARIIEO
3 3
"ATcm, or [l CTto?[vr MO ST GTC
GCWaWVC.T FE" r[[ SCIJO IL
(A[nrh ru "Imp .[or'• [o•y ")
DATE, 12/i/80 r[tillT .W.- Cayce By B. [rall
Tit. •cf.reaa 551 S981 Cl., Gnuln7 K].• 1715
mlet a.•. eat In[luj. turr.n[ 4• fnr url4n0 oonit or p....... rap
wnc J[p..lm.
013"VM04 CST [STDMn
.0
TOTAL CO.ST7:CTICS COS: $1,5!3.75
I'q•rT•nY •TC<
•!'•STR:C:II: I.Ip[CTI:•: -
-
„•t+
L•
• -•••l ,.vwnOr rCp
II MPACTInr MT tit$
tit 100 ralliwLSCIS
IV Otiml I'm (101 et T•wl Cnnatruc[Iml Coat [a ln][•1
ralthtul hr /orwna f•M TOTAL
.71,808 00
q :.rUl ]n7 L+S•r 7.rA [ 900.00
'Ialnnnanu bM 7
- :o.h •bnr.n[In7 O.ro.lt 7 n, A
.1
f i5L.8
11.!17.7
0 RESOLUTION NO 01- !8.04CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 5981
INiEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Extension Agreement
executed an January 18, 1984 by Arlan Halton as Developer, for the Improvement
of public right -of -way adjacent to real property specifically described
therein, aid generally located on the east side of Sapphire Street, south of
Hillside Road; and
WHEREAS, the lestallation of such Improvements, des- ,bed in said
Improvement Extension Aq- eement and subject to the terms thereof, is to be
done in conjunction with the development of said real property referred to as
Parcel Map :981; and
WHEREAS, said Improvement Extenaion Agreement is secured and
accompanied )y good and sufficient Improvement Security, which is Identified
In said Imprcvn+ Agreement.
VOW, iHEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Impras,�aent Extension Agreement and
said Improvement Security be and the same are hc•eby approved and the Mayor is
hereby authorized to sign said Improvement Agreement on benalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto
PASiE), APPROVED, and ADOPTED this 18th day of January, 1984
AYES
NOES
ABSENT:
ATTEST:
Lauren M. kassermaf, ty Cler
at jaa
Jon 0 Mi a s, ayoF— —
3s
•
J
i
CITY OF RANCHO CUCAMONGA
STAFF REPORT
CUCA^fo .
o'
A
2
19%7
DATE: January 18, 1984
TO: City council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: Request for extension of time for construction of improvements for
Tract 9472 submitted by Boulevard Development, Inc. located on the
north side of 19th Street, east of Hermosa Avenue
Boulevard Improvement Extension Agreement developers l request an Tract
extension 2to construct submitted doff^
site mprovements for Phase 2 of their project.
An agreement and bonds in the following amounts are on file in the city
Clark's office
Faithful Performance Bond: $68,000.00
Labor and Material Bond: SJ4,000.00
RECOMMENDATION
it is 12- month extension on that
for Trac Council 9472 adopt atlhorizing attached resolution
approving a signs ^the
Improvement Extension Agreement.
Respectfully submitted,
jaa
Attachments
3 C&
N
CITY OF RARC10 CUCAMORD.L
EHPROy[MHr MEASIOII ACAEEI(EHT
FOR
Tit 9412
EATN ALL BEB BY THESE PRESERTS: that this agrem, fi site 114 entered Into.
in confdrwu:e with the 0roYltlons of the Subdlrislon Rap Act of the City of
Rancho CUCASCn9a, California, A anlci0ai corporation, By and bRnrn Ne said
here I
the Developero es the Clty, and g,. t, . M -- -�hL
YITHESSETH:
THAT, A:RLiS said D,,vt%atr entc,en I,.a en i „r",w, a9rae alit with the
City AS a rtdulslta to Isteadte of buildings pemits, and
WHEREAS, said Dfrelo;er easiris an ascension of tips to p/ corpleto the term
the $alit IaprasfrAnt a9reerxnt,
IHOV. THE.9EFORE. It Is hereby silted by the City and by said Otvelarer as
fallout :
1. The eaytotion data of the tai Of Of slid Inpravtntnt ogre”, is
hereby astMdeo by a period of S? re anon MS frm me date of a.0'41tl n of
the Said agrtedent. A9reaaent ecp s on January 18, 1985
2. Increase In "Droveaent cecurltlfs to reflect current Iayravtaint colts
shalt be furnished by the developer with this AgremAt ant shall be
.;O.VJ by the City Attorney,
7. The rmul -td bond and the additional principal a,,unts thereof are set
forth On the Attaehad sheet •
a. All ocher firs. and <dndltloni of lye said laprov", agreexnt shall
rem In the tam
As evidence of understandlnS the M01110nt CdntAin•d herein, And of Intent to
ciuiDly wIth 3441, the pevalpper has subutted the below, deCcrlOed Imra,,^. nt
security, and ha$ Liflced h t slgnatur. hereto
FAITHFUL PERFCRAMCE 5010
Description: Bond Additional p•� t 1
Surety: Cmenant vutua Inlursoce nc pa - 568,000
Address
itaTERIAL AND LABOR BOND
Surerlptlpn•Sing Addrttnnal p•tnclpal Amunt: S34,000
Surety:
ACC-ea$
CASH DEPOSIT TtO.VIKNEIr, 90M
Additional Cash Deposit
r'AIBTEHAYCE GUARANTEE AM
To be post dn;r Printlpal Mount 3-251.11 ($a. theca
••••� p......u...•IO.atClC . oiKf•0••t• •orated. b:. t" city. ••.w•.ou•uu.ee ttach.d)
• •• .o.• ow • • • .a u. • • • •..
CITY OF RARCHSI COCAHO%A DEVELOPER
CALIFOAAIA, a unicipal corporation
By n 9oulmmd b.s NO - e fin e
Attest: , /`Its..` _
Hlcturd Aacayas) n E0706Y
auren Hasaersan, ty e"(itl'fa �- / on
WTI: OCYEEOFOt•S SIGMATURE KIST BE NOTARIZED
,7 J atapo aUlpwa taFPY
• RESOLUTION N0. 01- 18 -03CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION
AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 9472
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Extension Agreement
executed on January 18, 1984 by Boulevard Development, Inc. as Developer, for
the improvement of public right -of -way adjacent to real prcpe�ty specifically
described therein, and generally located on the northslde of 19th Street, east
F of Hermosa Avenue; and
WHEREAS, the Installation of such improvements, described in said
Improvement Extension Agreement and subject to the terms tnereof. Is to be
done in conjunction with the development of said real property referred to as
Tract 9472; and
WHEREAS, said Improvement Extension Agreement is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement.
NUW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, that said Improvement Extension Agreement and
said Improvement Security be and the same are hereby approved and the Mayor is
.hereby authorized to sign said Improvement Agreement on behalf of the City of
Rancho Cucamonga, and the ulty Clerk to attest thereto
PASSED, APPROVED, and ADOPTED this 18th day of January, 1984.
AYES:
WOES
ABSENT
ATTEST:
Lauren M. Wasserman, City Clerk
jaa
Jon D :i ke f, mayor
38
L
A
•
Y3
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1584 "
TO: City founcll and City Managt.r
FROM: Lloyd 8. Hubbs, City Engineer
BY: Barbara mall, Engineering Technician
SUBJECT: Approval if Security and Agreement for a Single Family Residence
located on the southeast corner of Summit and Etiwanda Avenues
submitted by Richard French
Security and Agreement have been submitted by Mr French to guarantee the
const- uction of off -site Improvements in connection with the construction of a
single family residence located at the southeast corner of Summit and Etiwanda
Avenues.
An Improvement Security Instrument In the amount of $12,750.00 is attached for
acceptance.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving
the Improvement Agreement and Improvement Security described above.
Y Respectfully submitt�J
/ LBHh :yaa
Attachments
39
a If the Developer falls or neglects to comply with
the provisions of this agreament, the City shall have the right
It any time t0 cause said 010v101as t0 be completed by any law.
ful means, and thereupon to recover from said Developer and /or
his Surety the full cost and expense Incurred In so doing
S Construction welts shall be obtained by the D1161.
open from the office Of the City Engineer prior to start of any
.ark wtinln the Public right- of -.ay. And the devetogo' shall
conduct such work In full C0.011I.C• with the regulations
contalned therein non- compilance may result In stopping of the
.ark by the City, and assallment of the penalties provided
b public rl'g ht -of -way Improvement work required shall
be Constructed In cant armance wtin approved t.PrQVeeaAt plant AM
Standard Specifications, and Standard Dravingt and any special
amendments thereto Construction Shall Include any transltlons
and /or other Incidental work deemed necessary for drainage or
public safety Errors m Quells Ions discovered curing construc-
tion shall be earrecteJ upon in dly.etloh of the City
Engineer gevised work due to said plan .edtficattcnt mall be
Covered by in* provisions of this Agr<emeht and Secured by the
Surety covering the original planned works
CITY OF CARCMO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR
" SUMMIT AVENUE
(Southeast corner of Summit G Ellwanda)
KNOW ALL HER BY THESE PRESENTS: That this agreement Is
made and entered Into, In conformance with the provisions of thq
Municipal Code and Regulations of the City of Re a Cho Cucamonga,
State if California. a municipal corporation, terainafter referr-
ed to as the City. by and between told City on! Richard T French
e hereinafter referred to ap the Developer
THAT, WHEREAS, said Developer desires to develop certain
real property In said City located at it southeast corner of
Suamlr and Etivanda; and
WMERcAS, said City has established certain requirements
to be met by laid Developer as prerequisite to granting of final
approval; and
WHEREAS, the a.ecdtlen of this agreement and posting of
Improvement security as Hereinafter cited, and approve* ay the
City Attorney, are deemed to be equivalent to prior completion of
said requirement, for the purpose of securing said approval
NOW. THEREFORE, It Is hereby agreed by and between the
City and the Developer as follows:
I The Developer hereby agrees LC construct at
developer's expense all ImOralements described an page a hereof
within iE .01ths fro. the Batt hereof
E This agreement shall be effective on the date of the
refolutian of the Council of said City Approvinq this
agrt"en t. This agreement shall be in default on the day follow -
Ing tHe first anniversary date of said •oproval unless an ectln-
Stan of time his Data granted by said City As hereinafter Provld-
Ad.
S The D.veloDe. nay request additional time In which
to cooplote the provisions of this agreement, In .rltl,g no- I.,
than 70 days prior to the default date, and Inel,dlnqq a Beaumont
of circumstances of necessity for iddltlanal time In tPnsidera-
Slon of such request, the CSty reserves the rignt to review the
provisions hereof, including construction standards, cast
estimate, and sufficiency of the improvement security, and to
requlr. .0justrents thereto when warranted by substantial changes
therein
a If the Developer falls or neglects to comply with
the provisions of this agreament, the City shall have the right
It any time t0 cause said 010v101as t0 be completed by any law.
ful means, and thereupon to recover from said Developer and /or
his Surety the full cost and expense Incurred In so doing
S Construction welts shall be obtained by the D1161.
open from the office Of the City Engineer prior to start of any
.ark wtinln the Public right- of -.ay. And the devetogo' shall
conduct such work In full C0.011I.C• with the regulations
contalned therein non- compilance may result In stopping of the
.ark by the City, and assallment of the penalties provided
b public rl'g ht -of -way Improvement work required shall
be Constructed In cant armance wtin approved t.PrQVeeaAt plant AM
Standard Specifications, and Standard Dravingt and any special
amendments thereto Construction Shall Include any transltlons
and /or other Incidental work deemed necessary for drainage or
public safety Errors m Quells Ions discovered curing construc-
tion shall be earrecteJ upon in dly.etloh of the City
Engineer gevised work due to said plan .edtficattcnt mall be
Covered by in* provisions of this Agr<emeht and Secured by the
Surety covering the original planned works
I York done within existl.g streets shall be diligent.
ly pursued to completion= the City shall have the right to
COmptete any and All work In the event of unjustified delay In
Completion, and to recover all Cost and expense Incurred from the
Developer and /or his contractor by any lawful means
d The Developer •hall be responsible for replacement,
• relocations, or removal of any component of any Irrigation water
m, N stem In conflict with the required work to the satisfaction of
e City Engineer and the owner of the water system
9 The Developer shall be responsible for removal of
All loose rock and other debris from the public right.of• way
10 The Developer shall plant and maintain parkway
trams AS directed by the Community Development Director
11 The Improvement SOCarltY to Oe furnished by the
Developer to guarantee Completion of the terms of this agreement
that be subject to the approval of Ire City Attorney Tre prin.
cloal amount of Said Improvement Security Shall not be less than
the amount Shown:
E
r
FAITHFUL PERFORMANCE
Type: INprorement Security Instrument Principal Amount: $8,500
Name and address of surety: Western Community Bane
6th Street, Corona, CA
MATERIAL AND LA304
Type: tame Principal Amount 11,500
Name and address of surety: Same
CASH DEPOSIT MC411!EATAiIOM
Type Principal Amount: N!A
time and address of surety:
10 BE POSTED PRIOR 10 ACCEPTANCE BY THE CITY
IN WITNESS HEREOF, the parties hereto have caused theta
presents to be my raacutet and acen0rledge mith all foreallties
rodulrad by IU on tnd dates set(�forrth pposlto their signatures
Date if 1.N -Y3 dr��' .1 � oer atoper
"Ti —qe� urf— i
nt•
Date by Dere toper
Signature
,',.tea
Accepted:
City of Aan•hp C+camonga, Callferlla
A 4u it 1pal Corporatlon
By Mayor
Attest:
city lare
ApDroNO
Ly t orney
DEVELOPER'S S16MATURES MUST BE NOTARIZED
yz.
1
�1
L_J
C,
CITY OF RAMCM CIKAMDKA
CONS WJCTIDR ESTIMATE
E1R70MDP110 PIJSIIT FEE SGICOIJU
for Iaprprmmt Olt 5uas111 Avehu, erns EelwaAde to 160.- East
,ate: 11 /28 /tll 1.0u a la
T.
Fl le R1 erenca' —T. wIF —�Ity d9. 1 _
WM: Oats rot Include mrr mt fa For
writing paaslt a pnrmt depositS.
CONST''JCTION COST ESTIMATE
ITEM Tif UNIT COST
S A-MNT
P.C.C. Cure - 12- C.F
P.C.C. Care - 6• C.I. 160 L.F
6.00
960.00
P.C.C. Cure only 6- C.F
A.C. Ben ISM eln.)
a• P.C.C. Sidewalk
6. 0,118 ApiNaCN
8- P.C.C. Cats Gutter 70S S.F.
7.40
1,077.00
Street E cavatton
Imported Embarleent
Preparation of Su 'Ads
Crushed Age -* to sale (per In. thick)
A.0 (over 1700 tons)
A.C. (900 to 1700 tom)
A.C. under $00 to 900 tons) 77 Tons
60.00
2,220.00
A.0 under 500 tons)
Patch A.C. (trench)
V thick A.C. Overlay
Adjust sewer earNeh to grade 1070 S.F
0.70
700.00
Adjust fever Clem out to 9116,
Adjust Niter valves to glade
Street ' Ignb
Strut Signs
Street Trees
Partway Landscape and Irrlgatim,
Amoval of A.C. Partsent SOO S.F
0.75
175,00
Type -L- Parker% 2 E1
75.00
70.0')
EucalyPtus 01a04t1 Tress 20 Ea
75.00
1.500.00
Eatrwed Conc. fence 160 L.F
6.00
1,280.00
CONSTRUCTION COST 57.502.07
CONTINGENCY COSTS 958.00
TOTAL CONSTRUCTION 6.500.00
FAITHFUL PERFORMWE C,, ETC (100 %) 8.500.00
LA80A AND HATERIAL SECURITC (50 %1 4.250.00
EhOIFEEAM, INSPECTION FEE 425.00
- RESTORATION/OELIMEATION CASH OEPOS,T 500.00
(REFUNOASLE)
HOOWENTATICN SMETY (CASH) N,A
,""ant to City of Rancho Cucamonga MmIcl,al Coco, Title 1, Chapter 1.06,
V' Wptin9 See kmrdlm CountS, Code Titles, Chapters 1 -5, A cash
mteratim /d,llcJatim denoslt Shall be aside Prier to issunu of ere
Eeslneerla9 Cmttractlm Pnasit.
• - - yj
q -(
•
IMPROVEMENT SECURITY INSTRUMENT
for
THIS AGREEMENT, good and entered Into this 280 day
of _•tnaCer , 19 93. by and between
nerelrafter referrer
Un r -, an 1.1.1"fte- referred
to a •Borrower u n CAMUMGA. CALIf00. MIA,
hdeelnafter referrer to as •City, provides as follows:
LITNESSETN:
WHEREAS, Lender Is a financial inatitution Subject to
regulation y the State of federal government within the eianing
of California Government Code Section 66499(s)(3); and
WHEREAS, from the proceeds of a loan fro* Lender to
Borro.er, Le19fs J3�t,,,Bn de PONt Ior tnr account of Borrower, the
$-a of etive asvv .en N_-vtM FY ltv c ro /100 d0llan , two -thlree
(2/JI ol'which end court to a an a rela'Tred to as -the
Performanca fund- and the other one -third (I /j) of rhIch shall
constitute and be referred to at the 'Payment fund' and
WHEREAS. Borrower has entered Into in Agreement, herein.
after referred to IS 'the Agreement'. .Ith the City whereby
Borrower, agrees to Install and complete certain defl;l -tad
public lnpravemints, which said Agretment dated nsmwrtrr 2g.
19 4 1 . and Identified a refer, Ing to ProJect
11 hreby refereed to and wade I part here0/
NOW. THEREFORE, in consideration of the City
e
giving
final aporOrel to the Project known as cr
and Guth Orlt119 the recordation of any MICI,Or pewit up
pertllming thereto. Lender and Borrower a9reet:
1 The performance fund It security ;lodged to the City
to in to re that Ba•';wa r. Its heirs, succesiors, eacutort and
Jdalnlst,atora, shall In all tillage stand to and gold@ by, and
will and tru y keep and Perform the covenants, conditions and
prOwlsonf of the Agreement and any aIte•ation thereof made as
inert n provided, C% Bp -rower I part to to kept and aerforned
Join- .ere and in the manner therein specified and in all
'esp. is accord AT to is true and lawful meaning, and to insure
that Borro.er. Its hells, successors, etetvtars and
administrators, shell indemnify and save Morales% City, Its
GfflCere, agents and 4.210y@ee as stipulated 1n the Agreement
2 Lender mall disoirse the PerferpnCe fund to the
City In Such amounts as the City demands, Proettly join receipt
Of written demands 119.100 by the City Engineer of the Clty, and
SPICllylag therein that Bo,r,,.er if 'n default under the Agree-
ment or twls Agreement
I In the event City comeenCee yg 1 action to recover
al' or any partlnn Of the PerfarmemC, fund. then the City Shall
of "Slidell to re eo.e., In addition !o the images *f the Parlor.
debate fund, Costs and reesanabto otpon-ws and fees, including
reasonable - t!orley a fees
e Lender and Borrower ague that the Payment fund Is
security 51e9od for the oayment of all contractor %,
subcontractors, laborers, mater whaft and Other Persons employed
In in- oerfo,mance of the Agreement and who are referred to in
Title is (Comm @Ating with Section 7082) of pert A of Division J
of the Civil, Code of the State of California for mat, r 1.1,
furnished or labor oerforved of any kind, or amounts due under
the Unemployment Insurance Act with respect to such work or
labor, and that Lender will Pay the same In an amount not exceed-
lag the Payment fund, and to tale suite is brought will pay, In
. - yy
1 t
0
The City of Aaneho Cucamonga, Cal if Crnia hereby accepts the
foregoing Imyoveetnt Security Instrument and agrees:
I Upon final completion and acceptance of the re0u1re0
work, and the Perf Ormance of all lets specified In the Ayreeeent,
City will •eleese any past of the performance fund not claimed by
the City In accordance with the above prov11101%. net needed at
security deemed necessary by end City for any guarani#* or
warranty period or not needed as security for costs and
reasonable OOpenses let fees Of the City, Including reasonable
attorney s fees
Sedition to the payment fund, costs and reasonable expenses and
iftir the completion and acceptance
fees. Including attorney's fees
' I This Agreement and the payment fund %hall Insure to
wll release the Paynent fund escape
the benefit of any and all persons, campanlet and corporations
entitled to file cities under Title 15 (commencing with Section
the total of all Cietos on which an
7082) of part t 07 Division 0 of the Civil Code so as to give a
right of action to them or their assigns In any suit brought upon
this Agreement or against the payment fund.
City Council of the City
6 No change, aatenslan of time, alte-attan or addition
to the terms of the Agreement or to the wort to be performed
CITY OF RANCHO CUCAMONGA.
thereunder or the speclflCations accempIRYlng the sane shall In
any wise affect this Agreement or Lender and Burrowar's ebliga-
a municipal corporation
tiens hereunder, one they do hereby waive notice of any such
Chano'. extension of time, alteration r• add l ties to the terms Of
the Agreement p• t0 the work or to the specification This
Ag /#*ment shalt becomt effective upon acceptance by the City and
APFROTED A: 10 FORM
she,: •test, In full farce :nd effect until Such time as the City
thall wales* the performance fund and payment fund as
>y:
hereinafter provided
IN WITNESS LBEREOF. Lender and Borrower have eaecut•d
this Agreement on the day and year first above written
_
mayor
LENDER: '•
mA IBFI D.h le"A
y.w -eem mrSnity as9t byI ...r_
fm* W. am�fteelmz
ATTEST,
BURROWER:
J
• J by Or.
--
ame
< t
city Clark
v Sec tie
The City of Aaneho Cucamonga, Cal if Crnia hereby accepts the
foregoing Imyoveetnt Security Instrument and agrees:
I Upon final completion and acceptance of the re0u1re0
work, and the Perf Ormance of all lets specified In the Ayreeeent,
City will •eleese any past of the performance fund not claimed by
the City In accordance with the above prov11101%. net needed at
security deemed necessary by end City for any guarani#* or
warranty period or not needed as security for costs and
reasonable OOpenses let fees Of the City, Including reasonable
attorney s fees
yS
2 SIX (6) month-
iftir the completion and acceptance
of the required work, City
wll release the Paynent fund escape
Such Part thereof as tousis
the total of all Cietos on which an
action has been Iled and not ce tnere0f given In writing to the
City Council of the City
CITY OF RANCHO CUCAMONGA.
a municipal corporation
APFROTED A: 10 FORM
>y:
_
mayor
mA IBFI D.h le"A
ATTEST,
city Clark
yS
0 RESOLUTION NO. 01-- 8 -OSCR
A RESOLUTION OF THE CITY CrA)NCIL OF TdE CITY OF RANCHO
CUCAMOhGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
AND IMPROVEMENT SECURITY FOR 12919 SUMMIT AVENUE LOCATED
AT THE SOUTHEAST CORNER OF SUK4IT AND ETIWANDA AVENUES
WHEREAS, the City Council of the city of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement executed on
January 19, 1984 by Richard T French as developer, • the improvement of
publ Ir. right -of -way adjacent to the real property .rcc.fically described
therein, and generally located on the southeasC corner of Summit and "tiwanda
Avenues; 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 deve opnent of said real property as referred to as 12919
Summit Avenue; and
WHEREAS, said Improvement Agreement Is secured and accompanied by
good and sufficient Improvement Security, which is identified in said
Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City council of the City of
Rancho Cucamonga, California, that said Improvement Agreement and said
Improvement Security be and the same are hereby approved and the Mayor is
hereoy authorized to siln said Improvement Agreement on behalf of the city of
Rancho Cucamonga, and the City Clerk to attest thereto
PASSED, APPROVED, i,d ADOPTED this 18th day of January, 1984
AYES
NOES:
ABSENT
ATTEST:
Jon 0. Mikels, Mayor
Lauren M. Wasserman, L ti y t'lerTc
® jaa
1' I
CITY OF RANCHO CUCAMONGA �cir
MEMORANDUM
=i
et �
2�2oi3 d3� 19
FNovembdr 2J, 1983 �y� l 4 �. 77
to
ti ` rravtse�
ti RECcIV2r3 v
T0: Robert Dougherty, City Accorney to
FROM Nary Kuhn, Personnel
RE: Destruction of Records
Enclosed for your approval is a Records Irvontory tlorksheat
for destruction of personnel files This is scheduled to go
to City Council on January a, 1987, so I will need approval
by December 17, 1983
Thank you for your assistacce. If you have cny questions,
please contact me
mk
Enclosure
INSTRUCTIONS FOR
RECORDS INVENTORY WORKSHEET
DEPARTMENT Administration FILE CAB. NO.
LOCATION Personnel Office SHELF CASE N0.
PAGE NO. 1 of 1 OTHER
PREPARED BY/DATE_ Mary Kunn _ VOLUME (CU FT.)
INCLUSIVE DATES June, 1981 - December, 1x81
SERIES TITLES) d DESCRIPTION OF CONTENTS
0
DRAWER NO.
SHELF NO.
F.L`LVM: Job Applications for:
509 -02
Associate Planner
June, 1981
509 -02
Assistant Planner
June, 1981
509 -02
recreation Supervisor
June, 1981
509 -02
Associatr Planner
August, 1981
509 -0'
Assistant Planner
August, 1981
509 -02
City Fusser
September, 1981
509 -02
Purchasing Clerk
November, 1981
509 -02
Engineering Technician
December, 1981
FOR
DISPOSITION OF RECORDS:
_ 4P
0 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CITY RECORDS AND DOCUMENTS WHICH AR.". NO LONGER REQUIRED
AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090.
WHEREAS, it has been determined that certain City records under the
Charge of the following City department are no longer required for public or
private purposes:
Personael Department
WHEREAS, it has been determined that destruction of the above -
mentioned catarials is necessary to conserve storage space, and reduce staff
time, expense, and confusion In handling, and informing the public; and
WHEREAS, Section 30090 of the Government Code of the State of
California authorizes the head of a City department to destroy any City
records and documents which are over two years old under his or her charge,
without making a COPY thereof, after the same are no longer required, upon the
approval of the City Council by resolution and the written consent of the City
Attorney; and
WHEREAS, It is therefore desirable to destroy said records as listed
in Exhibit "A" attached hereto and made a part hereof, in storage, without
making a copy thereof, which are over two years old; and
WHEREAS, said records have beer. approved for destruction by the Cicy
Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
,;ESOLVE AS FOLLOWS;
SECTION 1. That approval and authorization is hereby given to
destroy those records described as Exhibit "A" attached hereto and made a part
hereof.
SECTION 2. That the City Clerk is authorized to allow examination by
and donation to the Department of Special Collections of the University
Research Library, University of California, or other historical sooiety
designated by the City Council, any of the records described in Exhibit "A"
attached hereto and made a part hereof, except those deemed to be
confidential.
SECTION 3. That the City Clerk shall certify to the adoption of this
Admow resolution, and thenceforth and thereafter the same shall be in full force and
effect.
aPASSED, APPROVED, and ADOPTED this 18th day of January, 1984.
AYES: a
0
NOES: e
ABSENT: e
ATTEST:
�eurea '+ y •: i '"ftr Clolk
0
Pdld" 'A'
.SESTA6 'ON OF FWn0h'NEL NECJAq
6ePlo)ment ' -olci :lane
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I
ILI
CITY OF RANCHO CUCAMONGA
STAFF REPORT
January 18, 1984
TO:
City Manager and
City Council
PROM:
Robert A.
Rizzo
hi
Assistant
to the
City Manager
47WECT
Renewal
of Participation Agr.ament with
CAlifornla
State
Surplus Property Program
larl
a rir; .he past three years the City of Rancho Cucamonga has been
- °toelpatl.g in 111,, :alifornia State Surplus Property Program which transfers
wrP1 e r -3r 1 i, oparty for donatior to non - federal public agencies. The
e a arr =1 jut hority and mangos this program. The property available
the P,cgr -,P lnci�'as hand and machine tools, hardware, motor vehicles,
IF` P' avatars construction equipment, and a hoot of other item. Also,
ear ava!:#,µr Stec- a:a continually changing according to the property
a.t Lures ..r Gr_e?-
t a. -, afty la at 1% of its retsil value
e The purchaser nag one year to put properties in service, and it
cost stay n service for ore year (in sonic cases, this is 1 112
year`
a .he purchaser as allowed 10 lays to return property to receive a
refurd ho /ever, this "riod may ce extWed if contact is kept
with the agency
This program la: provided the City or Rancho Cucamonga with an avenue to
obtain equipment for public safety purposes at reasonable prices. It should
be noted that same of the equipment is new, however, moat of it seeds work.
Also, a "card• oys'em Sa used, An agency fills out a card requesting sow
type of . quipment, and when it is received, they are called to view it. They
are not held to purchase this property. This program has been utilized by our
city to obtain such items as two electric generators, fitters for the street
sweepers, and various other equipwnt that have been used to assist our
Maintenance Division.
Continued ..
hi
larl
a rir; .he past three years the City of Rancho Cucamonga has been
- °toelpatl.g in 111,, :alifornia State Surplus Property Program which transfers
wrP1 e r -3r 1 i, oparty for donatior to non - federal public agencies. The
e a arr =1 jut hority and mangos this program. The property available
the P,cgr -,P lnci�'as hand and machine tools, hardware, motor vehicles,
IF` P' avatars construction equipment, and a hoot of other item. Also,
ear ava!:#,µr Stec- a:a continually changing according to the property
a.t Lures ..r Gr_e?-
t a. -, afty la at 1% of its retsil value
e The purchaser nag one year to put properties in service, and it
cost stay n service for ore year (in sonic cases, this is 1 112
year`
a .he purchaser as allowed 10 lays to return property to receive a
refurd ho /ever, this "riod may ce extWed if contact is kept
with the agency
This program la: provided the City or Rancho Cucamonga with an avenue to
obtain equipment for public safety purposes at reasonable prices. It should
be noted that same of the equipment is new, however, moat of it seeds work.
Also, a "card• oys'em Sa used, An agency fills out a card requesting sow
type of . quipment, and when it is received, they are called to view it. They
are not held to purchase this property. This program has been utilized by our
city to obtain such items as two electric generators, fitters for the street
sweepers, and various other equipwnt that have been used to assist our
Maintenance Division.
Continued ..
Surplus Property Program -2- January 18, 1984
0
Participation in this program requires we authorize personnel in different
classifications; this allows us to purchase and receive goods. The four
categories these buyers (doneas) are classified in are as follows:
A. Category One - Select and take delivery of properties:
Wasserman
gubbs
Fspey
B. Category Two - Same as Category One, but a member of Category Onc must
. wthorize purchase:
Preacher
Leonard
gougeau
Rizzo
C. Category Three - May select and not take dnlive.-y: none at this time.
O. Category Four - Temporary authorizations - same as Category Three for
limited period of tics: none at this time.
REC09MATION:
Staff recommends the City Council renew its participation agreement in this
program to allow us a possible means to secure public safety equipment at
reasonable prices.
RAR:ek
�I
0 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CU�AMONGA, CALIFORNIA, AUTRORIZING TUE EMPLOYEES DESIGNATED
BY MARE AND TITI1: bECOW TO ACT f5 REPRESENTATIVE OF THE CITY
OF RANCHO CUCANONGA, CALIFOR111A, IN ACflUIRING FEDERAL
SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR
SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED
WHEREAS, the City Council of the City of Rancho Cucamoogn, California,
desires to participate in the California State Surplus Property Program.
NOM, THEREFORE, BE IT RZSOILVED by the City Council of the City of
Rancho Cucamonga as follwat
1. That the City of Rancho Cucamonga will participate
in the above mentioned CalLfornfe State Surplus
Property Program.
2. That the following listed City employee, will act se
authorized representatives to acquire federal
rurplus property from the Ca1lfo cola Etste Agency
for Surplus Propertyt
Lauren Wasserman, City Manager
tarry Empey, Finance Director
Lloyd Hubbs, City Engineer
PASSED, APPROVED, and ADOPTED this 18th day of January, 1983
AYES:
NuES:
ABSENT:
ATTEST:
Lauren M, Wosserm,an. City ClerW
L ,
LJ
Jon D. Mikes, Mayor
63
rn
lJ
i
E
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1984"
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Southern Pacific Track Consolidation Study
Attacned for Council execution is the final agreement with the City of
Montclair to participate in the cost of a consultant study aimed at
eliminating the Southern Pacific's foothill rail line through consolidation
with Santa Fe operations or where appropriate abandonment.
This Item was reviewed In concept at your December 7, 1983 meeting where the
Council approved the proposal.
The Rancho Cucamonga share of the consultant study shall not exceed $9,000.00
to be drawn from Systems Development funds. The detailed scope of services
are outlined as Exhibit A to the Agreement.
RECOMMENDATION
It is recommended that the Council authorize the Mayor and City Clerk to
execute the Agreement for Feasibility Study Consolidation of the tracks of The
Atchison, Topeka and Santa Fe Railway Company and the Southern Pacific
Transporation Company and authorize funding not -to- exceed $9 000.00 from the
System Development fund.
Respectfully submi( zed,
LBH: jV
Attachments
Y
DATE: December 7, 1983
C
CITY OF RANCHO CUCAAiONGA
STAFF REPORT
TO City Council and City Manager
FROM: Lloyd B. hubbs, City Engineer
SUBJECT: Southern Pacific Track Consolidation proposal
Several months ago the Council authorized 5625 to participate with the
Cities of Montclair and Upland in exploring a proposal to eliminate the
existing Southern Pacific Foothill Line, the old Pacific Electric Line,
through the three Cities
As you recall this line runs from south of Grove and Arrow Route to an
area midway between Highland Avenue and Base Line Road at Archibald and
then runs directly east into Fontana.
This proposal was submitted to the Southern Pacific Co. The attached
response cautiously approved the concept. In meeting with Railroaa
representatives they agreed with the Engineering and economic benefits of
the proposal but were skeptical of chances of working out joint
oper- stional characteristics with the Santa Fe Co. They fealt that these
problems could actually be heightened by the recent merger of Southern
Pacific and the Atchison Topeka and Sante Fe
A few industries are served by this line to Rancho Cucamonga These
industries could not be served from the Santa Fe line Consolidation in
Rancho Cucamonga would not be possible. The line would be totally
abandoned and alternative service to the industries would be required.
The industries would have to be relocated or alternative transportation
provided In ,hart problems in Rancho Cucamonga are somewhat more
difficult than the other cities
The benefits of abandoning this iine are great and could result in
savings of millions of dollars to the City along with the removal of
numerous hazards and environmental problems
Adding to the attractiveness of abandonment Is the existing availability
of grant funds to remove and restore existing grade crossings.
Attached is a proposal from L. D King through the Cit, of Montclair
proposirg to complete additional studies to carry track consolidation and
abandonment through the Cities of Pomona, Montclair, Upland, Rancho
continued
. _ Sf
C �
City Council Staff Report
Re: Southern Pacifc Consolidation
December 7, 1983
Page 2
Cucamonga and Fontana The scope of services are as outlined and the
total fee is 545,000 to be divided equally to the five agencies, or
$9,000 each.
This proposal obviously involves unusual risks of failure, however there
would seem to be sufficient potential for success and massive benefits
which would warrant the expenditure to proceed with these studies. If
the Council agrees you should direct staff to prepare the necessary
agreements for Joint participation.
The City of Montclair would act as lead agent The project would be
funded from System, Development funds.
REC"ENDATION:
It is recommended that Council direct staff to complete the necessary
agreements to continue application procedures to abandon the Southern
Pacific Foothill Line.
• Respectfully submitted,
LBH:bt
Attachments
E
$to
CaoNfhern pacific
Txanspartation Company J •
r
Sa,Vwm Punk eullGnA . ens MM" Plan . San hamla G111ani. 91105
.............
: :'.;�u7 :•�.•• October 6, 1983 •.`+ °�"`••��•
Ur. Carl J. Freeman RECEIVED 32558 �•••••••••
Senior Viee President
932558/323
L. D. King, Inc.
517 North Euclid Avenue QuT 2 '. i9 83
Oatario, CA 91762
CITY Of RANCHO CUCAUONGA
Dear Mr. Freeman ENGINEETNG D.V'S.O11
Refer to your letter of May 20 to Mr. D. J. Skiff
regarding the proposed consolidation of Santa Fe and Southern
Pacific trackage through western San Bernardino County.
We have reviewed the preliminary data you have furnished
concerning the two options being considered and find that the
proposal does have merits and may eery well be feasible. While
there are some benefits to be derived by SPTCo. due to the .
elimination of track maintenance and from the grade crossing
closures, the majority of the benefits seem to accrue to others
and the SPTCo, branch line trackage to be eliminated is the vehicle
to accomplish the desired results.
While we see no major engineering problems that could
not be resolved, there could be some problems from an operating
standpoint and, of course, the continuation of service to our
shippers is of paramount importance. Our preliminary information
indicates that the industries `aking service within the project
limits yield approximately 200 carloads of traffic annually.
In summary, the project eoes seem feasible in concept
but would be beneficial to SPTCo. only if t1a6 savings to be
derived more than offset (1) the initial and annual costs of
operating on Santa Fo trackage and (2) Railroad's share of the
capital costs associated with the project. Without fu:tber
details of what is proposed and how it will impact SPTCo., we are
not in a position to submit the matter to Management and therefore
our above comments must be considered preliminary in nature and
without commitment.
(See Page 2 for cc's)
Yours very truly,
,S17
Ll
AGREEMENT FOR FEASIBILITY STUDY
CONSOLIDATION OF THE TRACKS OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY A`H)
THE SCUTHERN PACIFIC TRANSPORTATION COM.IANY
THIS AGREEMENT ,.a made and entered into this day of
_, 198_, by and between the CITY OF
MONTCLAIR, a municipal corporation, hereinafter referred to
as "HOntciair ", and he CITY OF RANCHO CUCAMONGA., a municipal
corporation,.hereinafter referred to as "Rancho"
W I T N E S_ E T H
WHEREAS, MONTCLAIR and RANCHO have immediate need for a study
of the possible ccnsolidation of railroad operations of the
O Southern Pacific Transportation Comoany (SP), presently utili-
zing the tracks commonly referred to as the Pacific Electric
tracks, to the Atchison, Topeka and Santa Fe Railway (AT A SF)
tracks between the City of Laverne to the City of San Bernar-
dino so that numerous existing grade crossings of streets and
SP tracks may be eliminated; and
U
WHEREAS, the Cities of MONTCLAIR, RANCHO, Upland and Fontana
have desires to pursue the consolidat! ^^ of railroad operations
in their boundaries and have requested that MOh =L:Z7 act as
lead agency in preparing a study to further these goals; and
WHEREAS, the City of Pomona and others may also support the
proposed consolidation; and
WHEREAS, the support of adjacent Cities will enhance the possi-
bility of accomplishing a consolidation project; and
5 g Page 1 of 5
WHEREAS, MONTCLAIR is willing to act as lead agency for cooper-
ating Cities and direct a study effort; and
WHEREAS, RANCHO is willing to participate in the study effort;
and L. D. King, Inc., in association with DeLeuw, Cattier and
Company, has prepared a preliminary project proposal for SP and
AT a SF review; and
WHEREAS, SP and AT 6 SF staff have indicated the consolidation
may be feasible subject to their further consideration when
more complete data is available; and
WHEREAS, MONTCLAIR intends to proceed with the development of
additional data and intends to contract with L. D. King, Inc.,
and DeLeuw, Cather and Company, hereinafter referred to as
"Consultant ", to undertake and provide such services
THEREFORE, It is agreed as follows: •
I SCOPE OSCOPE O =ES
It is the intent of this Agreement to provide the financing
an.: lead agency support for a portion of a feasibility plan
report oA the pt,-posed SP -AT S SF track consolidation gener-
ally between the City of ..a Verne in Los Angeles County and
the City of San Bernardino in San Bernardino County The
scope of services shall be as further defined in Exhibit A.
At this time, the Cities Of MONTCLAIR, RANCHO, Upland and
Fontana wish to proceed with the consolidation study, and
initial study limits will be from the Los Angeles County
Line easterly through the City of Fontana to an appropriate
0
Page 2 of S
s9
easterly terminus. The easterly terminus will be deter-
mined by the study.
As directed by MONTCLAIR, the study area may be expanded
into Los Angeles County.
II SERVICES BY RANCHO
RANCHO shall provide CONSULTANT existing traffic counts,
accident records, Gereral Plan Zoning Map,, existing land
use maps, and other pertinent mapping in RANCHO; assist
the CONSULTANT in identifying existing drainage problems,
land use conflicts, or other supporting information for
the study; and coordinate any necessary meetings with
existing SP customers within the City limits o! RANCHO
• III. COMPENSATION
El
MONTCLAIR shall assess each participating City an equal
share of study preparation costs RA14CHO shall reimburse
MONTCLAIR for an equal share of these study preparation
costs, but not to exceed a total of nine thouzand dollars
($9,000).
MONTCLAIR shall bill RANCHO monthly or as appropriate as
the study preparation is completed
Iv. TIME OF COMPLETION
MONTCLAIR will direct that a draft consolidn .ten report
be completed by March 20, 1984. A time schedule for the
completion of other continuing tasks will be developed by
Page 3 of 5
(00
0
the Director of Public Works and CONSULTANT. All work
to be performud under this Agreement shall be completed
by January 1, 1985, unless a time extension is mutually
agreed to by XONTCLAIR and RANCHO.
V TERMINATION
The right is toserved by RANCHO to terminate this Agree-
ment at any e1.me upon written notice to MONTCLAIR in the
event the project or any portion thereof is to be aban-
doned or indefinitely postponed. In any slich caso, MONT-
UA1R 4hall be paid the value of the services rendered up
to the time of termination.
Vr 7ETIGNA
TANCHO hereby designates Lloyd B. Hobbs, City Engineer, to
ae its principal contact and agent in all consultations
with RP.NCHC during the fulfillment cf the terms of this
Agreement.
21
61/ Pago 4 of 5
4 ® IN IITNESS WHEREOF, the parties hereto have executed this Agree-
. ment on the date first herainabove written.
ATTEST:
C ty Clerk
ATTEST:
City Clerk
E
;L-
CITY OF MONTCLAIR
Mayor
CITY OF RANCHO CUCAMONGA
Page 5 of 5
C E X H I B I T A
SCOPE OF WORK FOR AN ENGINEERING STUDY OF TRACK CONSOLIDATION
OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY (PASADENA LINE)
AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY (FO;LMERI.Y THE
PACIFIC ELECTRIC LINE) IN EAST LOS ANGELES
BERNARDINO COUNTY COUNTY AND WEST SAN
TPis presents an outline scope of work for engineering studies
tc evaluate the technical and economic feasibility of consoli-
dBt!OR of operations of the Santa Fe and Southern Pacific via
a joint u-e aL the Santa Fe tracks.
TEE BACKGRCUND
Th.j gain line of .ha Santa Fe Railway (between San Bernardino
and 1.os Angeles via Pasadena) and a branch line of Southern
Pacific parallel each other along the base of the San Gabriel •
Mountains through LaVerne, Pomona and Claremont in Los Angeles
County; and Montclair, Upland, Rancho Cucamonga, Fontana, Rialto
and San Bernardino in western San Bernardino County. The
Southern Pacific (5p) line is the former Pacific Electric com-
muter line, which once served downtown San Bernardino from Los
Angeles.
Santa Fe (AT 6 SF) presently operates an average cf 14 through
trains a day in the study area. This includes four AMTRAK pas-
senger trains. Future increases in train traffic are anticipated
by AT 6 Sr.
The SP line is Only lightly used. Apparently in the westerly
outskirts of Fontana it is not operated at all, as a recent
field inpsection disclosed several thousand feet of track occu-
pied by piggyback flatcars in dead storage. Those portions of i
l/�3
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the line which still operate are used intermittently and re-
ported to carry on.y one train roverent in each direction per
day during use periods.
In the mid - 1970'x, these two parallel lines through the (•ity
of Claremont in Los Angeles County were consolidated and the
SP track was removed All SP trains through Claremont now
operate via the AT 6 SF under a joint trackage agreement.
THE PROPOSED STUDY
This project will evaluate the feasibility for extending the
existing Claremont joint trackage arrangement westerly to La-
Verne and easterly to Fontana The study will present docu-
mentation inpacts under four geographical headings as summa-
rized below.
1. East Los Angeles County - LaVerne to Claremont
This reach of consolidation would tie to the existing con-
solidation in Claremont and extend westerly to a location
near white Avenue in eastern. LaVerne. There are about
four existing SP grado crossings that would be eliminated
in this two -mile consolidation A new track connection
from AT c SF to SP would be constructed in east LaVerne.
2 West San Bernardino County Consolidation - Montclair
through Upland
This study urea wi..l consider SP -AT a SF track co:solidation
for about four miles from Claremont through Montclair and
upland. SF would •3porate on the AT1,SF track to a point
near 11th Street or Campus Avenue in Upland. About 16
2
I
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existing or proposed SP grade cr,.ssirgs would be elimina-
ted. A new track connection from AT S SF to SP could be
constructed in east upland In connection with this
option, we would also explore the possibility of closing
one or more existing AT & SF grade crossings on minor
streets in Upland.
3. Central Consolidation - Upland to Fontana
This reach is for SF -AT S SF consolidation for 13 to 15
miles or more from Upland through Rancho Cucamonga and
portions of Fontana. With SP operations on AT SSF track,
about 26 existing or proposed SP grade crossings would be
eliminated in this study area, assuming the joint use ex-
tended to Citrus Avenue In Fontana.
4 East San Bernardino County Consolidation - Fontana and East
This study area is the City of Fontana easterly to Cedar
Avenue in the City of Rialto and would involve about three
miles of consolidation and the elimination of about 12
existing crossings of the SP line.
STUDY REPORT TASKS
The study will document the costs and benefits of a track con-
solidation project. The tasks to accomplish this presentation
are outlined as follows:
Railroad Customer Service Impacts
;t
SP service to existing customers on their line will he elimina-
ted or alternative service must to provided with the consolidation
U
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program. The study will document the present service levels
and explore alternative service costs Local agency )and use
planning for lands adjacent and in the vicinity of the SP line
will be reviewed and tho probable timeframe of continued opera-
tions by existing customers on these sites will be projected.
Relocation of existinq customers and service via portions of
existing SP main linty and existinq /new spur tracks connecting
to the AT 6 OF t racks will be considered.
The study will identify the sections of track that appear
might be retired, determine where now track connections might
be installed, develop concepts for serving the more important
existing shippers, obtain and analyze data on existing shippers
and car movements, and develop preliminary costs and a recom-
+s mended plan for financing This effort will includo consulta-
tions with owners or tenants of industries served along the SP
line to determine the importance of rail service, whether these
industries plan to relocate, the probabilities that they will
need rail service in the future, and zoning policies or plans
for redevelopment by public agencies that may affect each
industry. Thu objective would be to determine the length of
OF *racks that could economically be abandoned, giving due con-
sideration to other community factors. While dosirable, it does
not appear economically nor technically feasible to preserve
service to all industries which now ..avo access to a rail siding
and actively use rail service.
Railroad Oneration Impacts
SP and AT a SF consolidated operations on a single track will
require additional coordination and scheduling by both railroads.
A
66
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The study will present information so that AT aSr can confirm
that the existing AT a SF track does have the capacity to accord -
modate SP operations. Costs associated with the accommodation
of SP on the AT S SF tracks will be presented To this end,
the following studios will be ur.dertakeni
1. Feld inspection of the tracks, stations, and other rail-
rcad facilities. Obtain up -to -Cate information on train
movements and up -to -date track naps.
2. Prepare formal letters requesting cooperation from each of
the railroads, and obtain data on expected future train
movement.
Obtain data as to possible future changes in operations,
Possible extensions of passing tracks, general growth of
rail traffic, ponsibility of double tracking, and relative
importance of the various rail services desired in the
corrio�
i. Projoct fu:u:e vehicular traffic across each of the grade
crossings, or raining such data from previous traffic
studies or City Engineering departments.
4. Identify any pecial problems causing excessive delay to
vehicular traffic by trains, such as future passing tracks
where trains must wait for opposinc movements to clear.
5. Consider relative effect of various grade separations on
railroad operations, as for example, providing unobstructod
lengths of auxiliary tracks for opposing train movements
to pass.
5
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6. Idontify possible problems of railroad traffic congestion
or conflicts at the consolidated rail facility.
7. Compile data on switching operations
e Consider need of improvement /relocation of the existing
Pomona AMTP.XK station.
Benefits of the Elimination of Existing Tracks and :.radc
Crossings ' --
Significant benefits would accrue to Cities and the two car-
riers through concentrating all train movements into a single
corridor. Savings would be realized in the cost of maintaining
eiiating trackage, crossings and automatic protection on the
portions of the SP tracks abandoned. These oust s.,vinga will
be estimated by crossing and by reach of consolidation.
Local Agency Benefits
e track = ensolidaticn program will enhance the funding poten-
t1a1 for grade separations on the ATa SF line. This study will
separately identify consolidation benefits using California
Public Utilities Commission (CPUC) criteria for use by indivi-
dual Cities in grade separation nominations for projects in
their jurisdiction. Pomona expects to nomirato a ueparation
at Garey Avenue, Montclair will propose sepa -ation projects at
Monte Vista Avenue and possibly Central Avenue, and Rancho Cuca-
monga has a need for a new crossing (at -grade or separated) at
Milliken Avenue and is in the process of considering other
separations. Upland does not plan a separation project at this
time Fontana plans a separation at Sierra Avenue.
6
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1.1
In addition to reinforcing grade separation nominations, there
are significant potential benefits associated with the elimina-
tion of the SP tracks . Many existing crossings are narrow and
sight distance is you because of street grade changes at the
crossings Drainage and existing drainage devices at crossings
pose traffic hazards. These conditions will be identified by
crossing, by City, and by consolidation reach. This will in-
volve a review of conditions at each track- street crossing
by Consultant and City Engineering Staff and written documen-
tation of conditions, benefits and potential cost savings by
crossing.
Among the benefits to be realized by the communities from the
consolidation and from elimination of some of the existing
trackage will be a number of tangible and civic values.
Depending upon the needs and desires of the Cities, an attempt
could be made to evaluate some of the following:
i Noise. While activity on the SP line is minimal, the study
could compare present noise levels witt e"pected levels
follcwing the relocation of train :movements.
2. Blighting effects of the SP facility on existing and pro-
posed residential neighborhoods in the consolidation cor-
ridor.
3. Potential uses of the SP rignt -of -way to be abandoned. Is
there some identified need for this corridor? Son.e of the
abandoned railroad riants -of -way in Santa Clara County have
been converted into attractive, landscaped parkways and
expressways.
4b
7
C C
4• Effsct of the present rail corridor on seoaraloocJsneighbor-
hoods and school districts. Ir.,proved safety oOl
children-
5. Improved accessibility Ind increasedymarket Values tto those to
parcels of land affected by Proximity
Scnedule
It is anticipated that the consolidation study will be ini-
tiated by the City of Montclair on December , 1983. Formal
written notification of the start of the project and requests
for data will be made to both SP and AT 6 SF by December 8th.
This will enable Montclair, Pomona, Rancho Cucamonga, and
their
Fontana to reference this ongoing project in the1
19B4 -65
tions for crossings or separations to the CPUC for office in
annual list. These nominations are i on December 12, 1983.
San Francisco no later than d %00 p•
The Consultant shall camplete a draft consolidation report by
March 20, 1984. This schedule will enable the Cit
its in support
porate more definitive consolidation Project
of their nominations at the CPUC hearings that will be
conducted
cisco on April and beginning Los
beginning in San Fran
Angeles April 10, 1a84.
Financin
f the study, alternative methods of finer -
Under this portion o ve funds for improvement
cin9 will be investigated. We belie
and restorations along the portions of the SP track to be
8
-)o
C l
abandoned will be available under the Section 203 Federal High-
way Safety Act program. This would include the removal of rail
facilities at existing crossings, regrading to eliminate sight
distance hazards, rerouting of drainage systems and utilities,
and reconstructioi of street improvements. D.hile it is antici-
pated that it will take about two years to complete the consoli-
dation agreement between the railroads, applications for Section
2e3 funds could be processed concurrently so that each City
would have assurance th.•t improvements could be implemented
immediately following the removal by SP of the existing trackage
between street intersections.
Portions of the cost of implementing a consolidation may prove
to be an incidental fei;ture of a comprehensive program of grade
crossing elimination. These item would be eligible for State
allocations under the $15 milllo ;. annual grade separation pro-
gram administered by CPUC and Caltrans
During the study, the Consultant will watch the developments
in the Federal and State sector closely. If alternative
funding assistance programs become available, the Cities will
be notified and an attempt to adapt the format of the report
would be made as aprropriate to meet these program requiramrnts.
Cooperation by Cities
Data furnished by the City and County would include:
I. All pertinent data, maps, and reports available in its
offices, including detailed engineering plans of streets
and highways
I9
9
0
C C
2 Copies of previous plans and reports relating to the rail-
road grade separation pt, lem, and the most recent develop-
ment plans for the City and irmediate area.
3. Latest vehicular traffic data Obtain additional traffic
counts where required.
4 Aerial photographs of the study area, if available.
5 Plans cf existing and proposed public and private drainage
and utility systems in the study area.
6. Basic data and City Engineering Department consultations
relating to costs of restorations and the value of bene-
fits to be derived by the project.
to Mars of Study Areas
UI
The attached vicinity maps illustrate the existing SP and
AT s SF tracks and the location of the Cities adjacent to these
facilities.
100
1-
L_ J
RESOLUTION NO. 84-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ot
RANCHO CUCAMONGA, CALIFORNIA, RECOONIEING TPE
CHERSAK FAMILY HOME AS A SIONIPICAhT HISTORIC
FEATURE OF THE CITY OF RANCHO CUCAMONGA AND
THEREFORE DESIGNATING IT AS A CITY HISTORIC
LANDMARK.
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has adopted Chapter 2.24 of the Rancho Cucamonga Municipal Code
relating to historic preservation) and
WHEREAS, the Rancho Cucamonga Historic Preservation Coactaslon has
investigated the historic significance of the Cherbak Family Home a„d has held
public hearings concerning this Community Church in accordance with Chapter
2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation,
and
WHEREAC, the Historic Preservation Commission has found the Cherbak
Farll. Home to be a significant historic feature of the City, and thereby
recomnends it for designation has a City Historic Landmark.
NON, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho C�cnmonga, California, as follovsl
The City Council finds and determines that the Cherbak Family Hone,
located at 9983 Hillside Road, has pet the criteria established for
ddslgnation as a City Historic Landmark, and therefore, and with the
recommendation of the Historic Preservation Comnission, designates this site
.13 a City Historic Landmark.
PASSED, APPROVED, and ADOPTED this 18th day of January, 1984.
AYES
NOFSI
ABSENT,
Jon 0. Mikele, rlayor
® ATTEST,
r
Lauren M. Wasserman, City Clak
n
RESOLUTION NO. 84-
A RESOLUTION OF THE CITY CCUNCIL Of TAE CITY OF
R?HCHO CUCAMONGA - ALIFORNIA, RECOGNIZING THE
UNITED METHODIST CHURCH Of CUCAMONGA AS A
SIGNIFICANT HISTORIC FEATURE Of THE CITY Of
RANCHO CUCAMONGA AID THEREFORE DEStONATIW IT r_a
A CITY HISTORIC LANDMARK.
NHEREAS, the City Council of the :,ty of Rancho Cucamonga,
California, has adopted Chapter 7.34 of the Rancho Cucamonga Muricipal Code
relating to historic preservation and
WHERFAS, the Rancho Cucamonga Historic rreservation ComrSaslon bas
inveutlgated the historic significance of the gnited Methodist Church of
Cucamonga and has held public hearings concerning this Community Church in
accordance with Chapter 7.74 of the Rancho Cucamonga Municipal Cide relating
to historic preservation, and
WHEREAS, the Historic Preservatio,. rommisnion has found the United
Methodist Church of Cucamonga to be a ctgnificant historic foature of the
City, and thereby recommends it for desigration tea a City Historic Landmark.
1OW, THEREFOR „, BE IT RESOLVI i the City Council of the City of
Rancho Cucamonga, California, as follu,
The City Council finds and determines that the United Methodist
Church of Cucamonga, located at 7690 Archibald Avenue, has met the criteria
established for designation as a City Historic Landmark, and therefore, and
with the recommendation of the Historic Preservation Commission, designates
this site an A City Historic Landmark.
PASSED, APPROVED, and ADOPTED this 18th day of January, 1984.
AYES,
NOES,
ABSENT,
ATTEST,
Lauren M. Wasserman, City Clark
Jon D. Mikels, Mayor
7`i
0
C
E
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE- January 18, 1984
TO: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
BY: Frank Dreckman, Assistant Planner
comas
,
n
1977
SUBJECT: ENVIRON14ENTAL ASSESSMENT AND ZONE CHANGE 83 -08 (TENTATIVE
i - - c ange o zi one prom PEdium
Density es ent a -14 du /ac) to Low Medium Residential
(4 -8 du /ac) tar 16.5 acres of land located on the west
side of Center Avenue between Arrow Highway and 26th
Street - APN 209 - 091 -10.
SUM14ARY: The Planning Commission, at its January 11, 1984 meeting, held
as pull hearing and approved Zone Change 83 -08 and recommended approval
of the Negative Declaration for the above - described project. In
addition, on December 14, 1983 the Planning Commission approved
Tentative Tract 12525 for the development of 122 single family
dwellings Please find attached a copy of the Planning Commission staff
report which fully describes the project
The proposed zone change and project are consistent with the City's
General Plan and related ordinances The project site is appropriate in
size and shape to accommodate the proposed development. No adverse
emvironmental impacts are anticipated as a result of this zone change
RECOMMENDATION: The Planning Commission recommends that the City
O approve the zone change request through adoption of the attached
ordinance and issuance of a Negative Declaration
Resp�ctflluilI``y. srdbmitted,
Rick GomPf� `
City Planner
, G /FD /jr
Attachments: Planning Commission Staff Report - ZC 83 -08
Planning Commission Stuff Report - TT 12525
Planning Commission Resolution - ZC 83 -08
Planning Commission Resolution - TT 12525
Proposed City Council Ordinance
-- CITY OF RANCHO CUCA 1ONGA
STAFF REPORT
LLy
DATE: January 11, 1984 t,
TO: Chairman and Marbers of the Planning Commission is
FROM: Rick Gomez, City Planner
BY: Frank Dreckman, Assistant Planner
SUBJECT: ZONE CHANGE 83 -08 - TRUAX (TENTATIVE TRACT 12525 - A
change in zone from um - u ac to —Odium (4 -8
du /ac) for 16.5 acres of land located on the west side of
Center Avenue between Arrow Highway and 26th Street -
APN 209- 091 -10.
1 PROJECT AND SITE DESCRIPTION:
A. Action Request d: The applicant is requesting approval of a
zone change from Medium Density Residential (8 -14 du /ac) to
Low Medium Residential (4 -8 du /ac).
8 Purpose: To construct 122 zero lot line dwellings.
C Location: Nest side of Center Avenue, between Arrow Route and
[h treet.
D Parcel Size: 16.5 acres.
E Existing Zoning: Medium Density Residential (8 -14 du /ac).
F Existing Land Use Vacant Parcel.
G Surroundino Land Use and Zoning:
North - Industrial, zoned Medium High (14 -24 du /ac)
South - Single Family Residential, zoned Low (2 -4 du /ac)
East - Vacant parcel, zoned Industrial Park
West - Vacant parcel, zoned Medium (4 -14 du /ac)
H. General Plan Designations:
Protect Site - Medium Residential (4 -14 du /ac),
Industrial Park
North - Medium High Residential (4 -14 du /ac)
South - Low (2 -4 du /ac)
East - Industrial Park `
Nest - Medium (4 -14 du /ac)
,7& ITEM E
O
2
PLANNING COMMISSION AGEIDA
January 11, 1984
Zone Change 83 -08
Page 2
II ANALYSIS:
A. General: The' Planning Commission at its December 14, 1983
me�g held a public heart,g and approved Tentative Tract
12525 for the construction of 122 zero lot line units In
addition, the Commission recommended approval of the
associated Negative Declaration. Please find attached a copy
of the Planning Commission staff report which fully describes
the project. A change of zone to LM was a condition of
approval on the Tentative Tract Map.
The project site is adequate in size and shape to accommodate
the types of u -;es that would be permitted within the Low
Medium (4_8 du /a•) zone. The zone change in conjunction with
the developmJnt will be compatible with the Medium Density
General Plan designation of 4 -14 du /ac.
III FACTS FOR FINDINGS: The project site is adequate in size and
s ape to aeon- ate the proposed project. The change of zone is
consistent with the Seneral clan and has a density within the
range allowed The aoproval of this zone change will not create
adverse Impacts on surrounding properties
IV. CORRESPONDENCE: This tem has been advertised as a public hearing
[em in he ail Re o•C newspaper and all property owners within
300 feet o the suo eci property have keen notified To date, no
correspondence related to the zone change has been received.
V. RECOKKIDATION: It is recommended that the Planning Cortmisslor
comsid-e—r--a-TT input and elements relative to this project. If
after such consideratior the Commission can -upport the findings,
/adoption of the attached Resolution would b appropriate
Resoettf lytdGhitted,
I
RICK G ME
City P anner
RJ /FO /kep
Atta:hments: Staff Report Tentative Tract 12525
Resolution
7 71
RESOLUTION NO. 84 -01
A RESOLUTION OF THE RANCHO CUCAMONGA PUINNING COK41SSION
RECOMMENDING APPROVAL OF ZONE CHANGE NO. 83 -08 REQUESTING
A CHANGE IN THE ZONING FROM MEDIUM TO LOW MEDIUM FOR 16.5
ACRES, LOCATED WEST OF CENTER AVENUE BETWEEN ARROW
HIGHWAY AND 26TH STREET - APN 209- 091 -10
WHEREAS, on the 10th day of November, 1983, an application was filed
and accepted on the above - described project; and
WHEREAS, on the 11th day of January, 1984, the Planning Commission
held a duly advertised public hearing pursuant to Sectio,i 65854 of the
California Government Code.
SECTION 1: The Rancho Cucamonga Planning Commission has made the
followingilndings:
1 That the subject property is suitable for the uses
permitted in the proposed zone in terms of access,
size, and cenpatlbility with existing land use in
the surrounding area; and
2 That the p- oposed zone change would not have
significant impact on the environment nor the
surrounding oroperties; and
3 That the proposed zone change is in conformance with
the General Plan,
SECTION 2: The Rancho Cucamorga Planning Commission has
found that his project will not create a significant adverse
impact on tie environment and recommends issuance of a Negati,e
Declaratiun rn January 11, 1984
NOW, THEREFORE, BE IT RESOLVED:
1. That pursuant to Section 65850 to 65855 of the
California Government Code, that the Planning
Commission of the City of Rancho Cucamonga hereby
recommends approval on the 11th day of January,
1994, Zone Change No. 83 -08
2. The Planning Commission hereby recommends that the
City Council approve and adopt Zone Change No
83 -08
3. That a Certified Copy of this Resolution and related
material hereby adopted by the Planning Commission
shall be forwarded to the City Council
7�
APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY, 1984. •
4!SSION OF THE CITY OF RANCHO CUCAMONOA
BY
u
I, Rick Gomez Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Recolutlon was Culy and
regularly introduced, passed, and adopted by the Planning Cnnmissidn of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 11th day of January, 1984, by the following vote -to -wit:
AYES: CO!:41SSIONERS: REMPEL, BARKER, JUAREZ, IICIIIEL, STOUT
NOES: C"ISSIONERS: NONE
ABSENT: COK41SSIONERS: ,NONE
0
• 79
- CITY OF RANCHO CUCA`31ONGA c0CAt1
STAFF REPORT
DATE: December 14, 1983 Isn
TO: Cnairnan and Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Frank Dreckman, Assistant Planner
SUBJECT ENVIRONMENTAL ASSESS14ENT AND TENT`TIVE TRACT 12525 - TPUAX
- A total development and sub v is ion of acres lato
123 lots, comprising 122 zero lot line units in the R -3 /PD
zone, generally located on the west side of Center Avenue,
between Arrow Highway and 26th Street - APN 209 - 091 -10.
I. PROJECT AND SITE DESCRIPTION:
A. Action 4eauested: The applicant is requesting approval of a
•tentative tra map for the above - described project.
i
B. Purpose: To create 122 single family units
C. Location: Generally located on the south side of Arrow
gnway, etween Turner Avenue, and Center Avenue
0. Parcel Size: 16.5 acres
E. Existing Zoning_ R -3 /PD
F Exist inq Land Use: Vacant Parcel
G, Surroundin Land Use and Zonina:
flort - n ustr a , zoned Medium High (14 -24 du /ac)
South - Single Family Residential, zoned Low (2 -4 du /ac)
i East - Vacant Parcel, zoned Industrial Park
Nest - Vacant Parcel, zoned Medium (4 -14 du /ac)
H. General Plan Desionations:
ro a -t Site - 1UTTe-Tdential (4 -14 du /ac), Industrial Park
North - Medium High Residential (14 -24 du /ac)
South - Low (2 -4 du /ac)
East - industrial Park
West - Medium (4 -14 du /ac)
:i
B O ITEM I
PLANNING COMMISS(r STAFF REPORT
TENTAiIYE TRACT 11,6 /1RUAX
December 14, 1983
Page 2
I. Site Characteristics: The site consists of a vacant vineyard
with a slight e evat on gain towards the center of the site.
In addition, the site contains a variety of indigenous plant
materials which are native to the area. The project site is
surrounded to the north, south, and east by paved streets which
are unimproved There are no stractures located on the site.
II. ANALYSIS:
General: The applicant is requesting the approval of a
tentat ve tract map (Exhibits "A b 30), which will create 122
zero lot line homes on 16.5 acres of land located on Center
Avenue, between Arrow Highway and 26th Street. Please note
that a previously approved project (TT 11915 - Mayer) would
have created a mix of patio and towr.home units, for which x
zone change from R -1 to R -3 /PO has teen previously granted
The new Truax proposal of 122 zero lot line units is in keeping
with the predominant single family character of the North Town
area, ultimately creating an environment which is more
supportive and compatible with the existing neighborhood.
In addition, the applicant is proposing a chance of zone from
•
the previously approved R -3 /PO (Medium Densify, 4 -14 du /ac)
des tgnation to Low Medium (4 -8 du /ac). A condition of approval
has been provided requiring the appl cant to secure the
necessary zone change at a subsequent Planning Commission
meeting.
Please note that this project reflects the City's recently
adopted zoning regulations which outlirie various standards
related to open space, recreation facilities, landscaping,
energy conservation, etc. Conditions of approval have been
provided which fully address the new requirements
B. Desion Review Committee: The Design Review Cortmitt +y teas
p�rVl y conteRe with the perimeter block wall (graffiti
problem) and suggested the following alternatives to tl,e
present design configuration (Exhibit "0 "). These include:
(a) adding earth berating along wall frontages, designed to
reduce ultimate wall height; (b) providing segments of wrought
iron fencing designed to eliminate writing surfaces; and, (c)
Planting perimeter walls with thorny shrubs and vines designed
to maximize security while eliminating writing surfaces. Staff
recommends that one of the aoove alternatives (or a
combination) be chosen by the Planning Commission and added as
a condition of approval for this project.
•
gl
e
PLANNING COMISSIC STAFF REPORT
TENTATIVE TRACT 12,tS /TRUA%
December 14, 1983
Page 3
The Design Review Committee was also concerned with 2 -story
zero lot line dwellings (blank elevations) facing Arrow Highway
and 26th Street and suggested: (a) that 2-story dwellings be
eliminated on units visible to public view (unit •8" facing
26th Street), or, (b) that these unit elevations be reversed
providing greater amounts of variety and visual relief to the
streetscape A condition of approval has been provided on the
attached Resolution designed to mitigate this situation.
C. Development Review Committee. The Development Review Committee
was or I mar I y concerned w th providing street improvements
contiguous to Arrow Highway, Center Avenue, and 26th Street
Improvements are to include curb, gutter, pavement, sidewalks,
drive approaches, street lights, cross gutters, etc , where
appropriate (see Standard Conditions),
In addition, the Development Review Committee recommended that
the applicant work in concert with the County Flood Control
District in order to convey storm water to the Deer Creek
Channel
S 0 ^-adinq Comittee: The Grading Committee approved the
applicant,, conceptual grading plan subject to approval of a
precise grading plan
E Environmental Assessment. Part I o. the Initial Study has been
completed by the applicant and I= attached for your review.
Staff completed the Environmentas Checklist and found no
significant adverse environmental impacts related to the
Project
III. FACTS FOR FINDINGS: The randings listed on the attached Resolution
are suprorte by tFe following facts
0 The project Site Is adedJate In size and shape t0 accommodate
the development and the proposed single family uses are in
accordance with the objectives of the General Plan and Zoning
Ordinance.
o The proposed site ola,, in conjunction with the conditions of
approval, is ronsiste t with the current development standards
of the City
IV. CORRESPONDENCE: This item has been advertised as a public hearing
Tt—erP7—'--n--fFe-6aiIY Report newspaper and notices were sent to
proper v owners within Juu feet of the subject property.
0
¢ :k-
PLANNING COKMISSZr STAFF REPORT �l
TENTATIVE TRACT 1 - t5 /TRUAX
December 14, 1983
Page 4
J
V. RECOMMENDATION: It is recommended that the Planning Commission
con utt a pub is "hearing and receive all public input On this
matter If after such consideration the CC.mmission caa support the
facts for findings and conditions of approval, adoption of the
attached Resolution and issuance Of a Negative Declaration is
recommended
Respef t4fl ly Imitted,
�—
Rick mez
C 1ty lanner
RIG:FD ;r
Attachments Exhibit "A" - Tentative Tract Map
Exhibit "B" - Site Plan
Exhibit "C" - landscape Plan
Exhibit "0" - Nall Details
Exhibit "E" - Site Utilization Map
Exhibits "F -I" - Elevations e
Initial Study, Part I
Resolution of Approval With Conditions
0
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f4
• evn.e w•7r .roan
V _
t•= �.. T YV�ti Q
ru
iL _! '
_%z•, Z
NORTH
Llama KOZ
RAID i •��i _ � .2.,,.
PLANNING DIVL90N EXHIBIT, p- SCALE,
zy
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o s 10j1�� s i •\
CL
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yy
� r
NORTH
CITY OF rrE%t:
RANCHO CUCAMONGA TITLE, - —_z � — - -`Uti vzl� �
PL.ANNIN3 DIVOON ExHIBrr, �$CALE,
_ QS
C C
• RESOLUTION NO. 83 -142
A RESOLUTION OF THE PLANNING C0Y.41SSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE TRACT MAP NO. 12525
WHEREAS, Tentative Tract Map No. 12525, hereinafter "Map" submitted
by Miller /Truax G Associates, applicant, for the purpose _f subdividing the
real property situated in the City of Rancho Cucamonga, County of San
Bernardino, State of California, described as a residential subdivision of 122
zero lot line homes on 16.5 acres in the R -3 /PD zone generally located on the
west side of Center Avenue, between Arrow Highway and 26tIl Street into 122
lots, regularly cane before the Planning Commission for public hearing and
action on December 14, 1783; and
WHEREAS, the City Planner has recommended approval of the Map subject
to all conditions set forth to the Engineering and Planning Division's
reports; and
WHEREAS, the Planning Commission has read and considered the
Engineering and Planning Division's reports and has considered other evidence
presented at the public hearing
NOW, THEREFORE, the Planning Commission of the City of Rancho
Cucamonga does resolve as follows:
SECTION 1: The Planning Commission makes the following findings in
regard td end tative Tract 'lo. 12525 and the Map thereof
(a) The tentative tract Is consistent with the General
Plan and specific plans.
(b) The design or improvements o` the tentative tract is
consistent with the General 213n and specific plan;;
(c) The site is physically suitable for the type of
developmeit proposed;
(d) The design of the subdivision Is not likely to cause
substantial environmental damage and avoidable
Injury to humans and wildlife or their habitat;
(e) The tentative tract is not likely to cause serious
public health problems;
(f) The design of the tentative tract will not ccnflict
with any easement acquired by the Publlc at large,
now of record, for access through or use of the
property within the proposed subdivision.
17.+
Resolution No.
Page 2
E
(g) That this project will not create adverse impacts on
the environment and a Negative Declaration is
issued.
hereto, IT heIeby2 approved Tentative
subject to all of 1the 5following which (conditions aandcthe
attached Standard Conditions:
PLANNING DIVISION
1. Details of energy conservation equipment shall be
submitted to the Planning Division for review, and
approval by the City Planner, prior to Issuance of
building permits
2 A zone change (from R -3 /PD to Low Medium 4 -8 du /ac)
shall be required prior to Issuance of building
permits
3 Unit "8" facing Z5th Street shall either (a) be
reduced to a singlL story; or (b) be "flipped" in
order to expose a dwelling facade which provide
greater amounts of variety and visual interest •
4
All two story travelling units facing Arrow Hwy„
Center Avenue, o• 26th Street shall include wood
trim, window mullins, or ocher fenestration designed
to provide variety and visual interest. The City
Planner shall review and approve these details prior
to issuance of building permits
5 The Phase I project boundary shall be expanded to
include the common - ecreational area.
ENGINEERING DIVISION
6. Permits shall be required from the San Bernardino
County Flood control District to connect required
storn drains to the Deer Creek Channel
7. Arrow Hw,., shall be reconstructed to eliminate
deficient paving and street sections (full tridth) to
the satisfaction of the City Engineer
8 The required sidewalk on 26th Street shall be a
straignt type at the property line.
1. J
g r�
Resolution No. 83 -1420 `
Page 3
9 Construction of off -site improvements beyond a phase
boundary are required at the discretion of the C4ty
Engineer as needed for drainage and traffic safety
and shall be bonded for prior to recordation of that
phase.
30. All median islands at the entrance of the private
access roads shall have a setback of a minimum of 5
feet from the right -of -way line
APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER. 1983.
PLAN, CO .M ISSION nOF THE CITY OF RANCHO CUCAMONGA
X ^ _
Dennis •$Lout,,,:na1rman
i
ATTEST.
Acting Secretary or the Planning Commissi an
i
1, RICK GOMEZ, Acting Secretary of the Manning Commission of the City of
Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Cemnissimi of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
On the lath day of Decamoer, 1983, by the fo'lowing vote -to -wit
AYES: CO,'0115SIONERS REMPEL, BARKER, STOUT
NOES COMISSIOUERS: NONE
ABSENT COMISSIONERS JUAREZ, MCNIEL
- _ 88
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77
,'-ail
E
ORDINANCE NO. 01 -18 -03 CO
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
REZONING ASSESSOR'S PARCEL NUMBER 209- 091 -01 LOCATED ON
THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN TURNER AVENUE
AND CENTER AVENUE FROM MEDIUM DENSITY RESIDENTIAL (8 -14
DU /AC) TO LOW- MEDIUM RESIDENTIAL (4-8 OU /AC).
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
SECTION 1: The City Council hereby finds and determines the
following:
A. That the Planning Commission of the City of Rancho
Cucamonga, following a public hearing held in the
time and manner prescribed by law, recommends the
rezoning of the property hereinafter described, and
this City Council has held a public hearing in the
time and manner prescribed by law and duly heard and
considered said recommendation.
B. That this rezoning is consistent with the General
Plan and Development Code of the City of Rancho
Cucamonga.
C. This rezoning will have no significant environmental
impact as provided in the Negative Declaration filed
herein
SECTION 2: The following described real property is hereby rezoned
In the manner stated, and the Development Districts Map is hereby amended
accordingly
Assessor's Parcel Number 209- 091 -10 approximately 16.5
acres in size located on the west side of Center Avenue,
between Arrow Route and 26th Street 1s hereby changed
from Medium Density Residential (8 -14 du /ac) to Low
Medium Residential (4 -8 du /ac).
The Mayor shali sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its
passage at least once in The Dail Re o�rt, a newspaper of general
circulation published in C —� C1ty�on tario, California, and
circulated in the City of Rancho Cucamonga, California.
c1G
1984. PASSED, APPROVED, and ADOPTED this 18th day of January, e
AYES
NOES:
ABSENT:
ATTEST:
Jon e s, ayor
auren asserman, ty er
/Jr
0
- 97
CITY OF RANCHO CUCAMONGA Gt
STAFF REPORT
r
i
DATE: January 18, 1984 1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Richard Cota, Assistant Civil Engineer
SUBJECT: Approval of the Final Environmental Impact Report (EiR) for Alta
Loma Drainage System
E
51
Attached for Council approval is a resolution certifying and adopting the
subject Final Environmental Impact Report for Alta Loma Drainage System Said
project Is located north of Banyan Street between Archibald and Hermosa
Avenues, and includes construction of debris and detention basins, channel and
tributary storm drains This -eport, as prepared by Donald G King and
Associates, is in conformance with the Cavifot+la Environmental Quality Act
(CEQA), addresses prooable environmental effects and mitigation measures, and
responds to cor.ients received from locally affected agencies Attached for
your review are comments on the draft report and responses for inclusion in
the Final EIR Also attached is the Craft Final EIR.
Following the public hearing scheduled this date to consider said project
report, the Council may then approve the aforLmen•ioned resolution.
RECOMMENDATION
It is recommended that the City Council consider approval of the attached
resolution certifying and adopting the Environmental :mpact Report for the
Alta Loma Drainage System
Respectfully subaltted,
Attachments
COMMENTS AND RESPONSES 134 0
The following are surmarles of comments received during the response
per lod. Responses tr these ccamonts follow. The letters of response
are appended to these responses.
I A. Metropolitan Water District of Southern California
Mr. Edward J. Thornhill, Principe! Administrative Analyst.
1. There exists an MWO 120 Inch ploal lne and right -of -lay south of the
existing Alta Lana Onsins. Improvements to these basins may require
Imposing loads onto this plpel [no. Loads greater than those described
In AASHTO H-20 14ulre submittal of plans to MWO for approvbl.
2. The MWD wants to review and comment on Improvement plans for work
adjacent to the right -of -way noted above, when these plans are
available.
3. Prior to encroachment onto M.YD right -of -way noted above it will be
necessary to obtain a permit (or lease) from the MID. Contact Mr. A. L.
Hovanec at 213- 230 -6000 ex. 460.
RESPONSESi
The location of the MWD right- of -vay pipeline have been noted. When
Plans are completed the appropriate port,ons will be transmitted to the
MWD for review, All loading, encroachment, and other permit
rcquiremenrs will be met as suggested and required.
S. Department of Transportation and Flood Control
San Bernardino County
Allan J. Klelhold, Chief
Water Resources Division
COH3ENT:
The Dist-Ict has reviewed and will continue to review proposals for
basin moolf lcatlons. The Olstrlct will continue to coordinate pinnc
With the City and consulting engineers
RESPONSE:
No Issues for change were requested.
9
0
1r
LOPPENTS AND RESPONSES 1 33
C. Land Nanagoment Department
Environmental Public Mork, Agency
San Bernardino County
Stave Latterly, Environmental Analyst
COMENf s
San Bernardino County has reviewed the EIR and concurs with the
determ lnation.
• REPONSEs
No response Is required.
D. Departmem• of the Army
Corps. of Engineers, Los Angeles District
Carl F. Enson, Chief
Planning Division
Cfd9ENTs
The proposed plan does not conflict with existing or authorized plans of
r,e Corps. of Engineers. Post - drainage project Improvements will not
occu within the 100 -year flood plain.
RESPONSEs
ho raspsnse Is required
E. State Office of Planning and Research
Terry Roberts, Manager
CONENTS s
The comments deal .•Ith State procedure, but not with the project EIR
substance.
RESPONSES
The procedural Information Is noted and appreciated.
CO)ENTS AND RESPONSES 136 •
F. State Departwnt Of Transportation
R. G. Pate, Mlef
Transportation Planning, 0rTnch A
COM ENTS:
These comments deal with responsibilities and procedures should the
project cross a state highway right of way (State Route 30) and notes If
the project does cross State Route 30 the EIR should be modified to note
this.
RESPONSE:
The project Initially considered (alternative 1) crossing State Route 30
via line 4C. Line 4C was subsequently deleted. The project does not
cross a State highway right of way at this time. The comments are
appreciated, however, and will be retained for ijture reference.
No other Corvenid were received.
/Q/
is
0
1 :
VARTMENT OF TRANSPORTATION
0 FLOOD "ONTROL
,Q lot (hind Street . Son ge tmwchna, CA r4150830 (710363.
1. IC .
City of Rancho Cucamonga
9320 Baseline Road. Ste. C
Rancho Cucamonga. CA 91730
Attenticn: Mr. Blane N. Frandsen
Gentlemen:
M� .
e
"•
COUNTY Of SAM IERNAADIN0
ENVIRCNMENTAL
rti••
_^-+�
NEUC WORKS AGENCY
t•
a L NGaau
BLu r
November 18, 1983
Fl.e: 1- 995/1.00 -10
1-405 /1,00
1 -406/1 00
Re: Zola 1, Alta Lcma
Drainage System
Reference is made to your letter of October 28. 1983. with acccmoanytng
distribution draft of the Alta Loma Drainage System Environmental Impact
Report, requesting the District's review and comments
The Alta Lcma Drainage System constitutes a major flood control facility,
and because of this we are concerned with continued ecerdination with all
asscctated agencies. We have rtviewed .nd will continue to review proposals
for basin modification, channel construction and new structures, as well
as ascertaining the capacity of existing facilities
District representatives will continue to coordinate with the City and
with the consulting engineers to alleviate flooding and drainage problems
within the area.
Should you have any further que3t1cn3 Concerning this matter, please feel
to contact the undersigned at (714) 383 -2388
Very truly yours,
LLA OL�hiaff
Water Reso roes Division
AJK:JJJ:m3s
�( cc: Charles L. Laird, Asat. Dir., Administration
'� Ruben V. Nontn, Chtef. Flald EnKineerina
a
The Metropolitan Water District or Southern Calitornia
rr• r ...I
Mr. Blane W. Frandsen
V.4 C :; i
City of Rancho Cucamonga _
Community Development Department
Engineering Division
P. O Box 807 C _ '
Rancho Cucamonga, California 91730
' Dear Mr. Frandsen:
jDraft Environmental Impact Report
for the Alta Loma Drainage System
Thank you for your letter of October 28, 1983, trans-
mitting a copy of the draft Environmental Impact Report (EIR)
for the Alta Loma Drainage System We previously commented on
the storm drain Line 4C entioned In your notice of preparation
for the EIR in a letter dated March 4, 1983, to Mr. John L. Martin
of your org 2rization However, because of new information found
during our revie4 of the draft EIR, we have additional comments
Metropolitan's Rialto Pipeline as shown in Figure 4 on
pave 11 of the draft EIR lies immediately south of the existing
Alta Loma Flood Control Basins for which improvements have been
proposed. Construction of your proposed project may affect our
115- to 180- toot -wide fat property and our 120- inch- inside-
diameter Ri+t_to Pipeline located therein.
For example, because of the substantial grading
associated with the pro3ect, you may wish to cross our fee right
of way during the construction work on the basins with fairly
heavy loads. Metropolitan's pipeline in this area is adequate
to withstand AASHTO H -20 loading. if the contractor plans to
use eny equipment over Metropolitan's pipeline which wil, impose
loads greater than AASHTO H -20, it will be necessary to submit
tte specifications of such equipment for our review and approval
prior to its use. Also, we would appreciate the opportunity to
review and comment upon any plans that you prepare for the
construction of facilities that are in the vicinity of our right
of way
11119.,.•t IuWr.ud Lw 41.01 C4�i 'U'1`4,edn+. 8... nU W. " "', U., 0.1)74 TJq.n.w _1 .w •.•a
•
t +e Metropolitan Water Dotna of Southern California
Mr. Plane W. Frandsen -2- DEC : 1323
I Please be advised that this response is based upon
information available to the Metropolitan Water District which
was pre-ared by or on behalf of Metropolitan for general record
purposes only. Such information may not be sufficiently detailed
or accurate for your purposes. No warranty of any kind, either
1 exprass or implied, is attached to the information herein con-
( veyed as to its accuracy, and no inference should be drawn from
Metropolitan's failure to comment on any aspect of your plans.
You are therefore cautioned to make such surveys and other field
Investigations as you may deem prudent to assure that your plans
are correct.
Before our property can be used for any construction
or other purposes, it will be necessary for you to obtain an
entry permit or possibly a lease. For information regarding
this, please contact the Director of our Right of Hay and Land
Division, Mr A. L Hovanec, telephone (213) 250 -6000, extension
460
We appreciate your informing us at an early stage of
your proposed project Should you require additional information,
please contact Mr Jim Hale, telephone (213) 250 -6000, extension
564
JHB:gg
1
Very truly yours,
Edward J, rnhill
Principal dmint.strative Analyst
Environmental Planning
/Or)'
yu
DEPARTMENT OF THE ARMY
LOS
ANa[Laa OIiTNInT Can" or [No1Na[Ila
T
1 .. P.0 sax nl l
LOS ANO[Laa, R*X 271, eeeaa
.
+niN1.0, Or December 19, 1983
SPLPD -R
Hr. Blane V. Frandsen, Associate Civil Engineer
City of Rancho Cucamonga
9320 Baseline goad, Suite C
PLSt Office Box 807
Rancho Cucamonga, Californla 91730
iDear
Hr. Frandsen:
This is in response to a latter from your office which requested review
and convents on the Draft Environmental Impact
Report (DEIR)for the Alta Loma
Drainage System.
The proposed plan does not conflict with existing or authorized plans of
tho Corps of Engineers. We have no convents on the DEIR
other than to note
that the post - drainage project development cited in the DEIR will he
not
taking PIS ca in the 100 -year flood plain.
Thank you for the opportunity to review and count on this document
0
Sincerely.
�,
/
�CaMF Enao
1
Chlef, P!anning Division
F
4 �� ED
a
•1
-
��
Cur 0: oAnCnC Cu;aNOnCt
it
Subject: SM8 85105110, Alta Lora Drainage Svsten
.I
Dear )•h• Frandsen:
The State Clearinghouse submitted the above named draft Envirocencal Impact Repert
(EIR) to selected state Agencies for revtev. The review period is closed and the com-
ments of the individual agency(ies) is(are) attached If you would like to discuss
their concerns and recocandations, please contact the staff from the appropriate
agrucy(ies).
When preparing the final EIR, you must include all cot• =ants and responses (CEQA
Cutdeltcea, Section 15146). the certified EIR must be considered in the decision -
caking process for the project. In addition, we urge you to respond directly to the
commenting agency(ies) by writing to then, including the State Clearinghouse number nn
all correspondence.
A 1981 Appellate Court decision in Clear• v. County of Staaislaus (118 Cal. App. 5d
748) clarified requirements for responding to review coecents. Specifically, the
court indicated chat comments must be addressed to detai), giving reasons why the
specific comments and suggestions were not accepted. The responses must show factors
of overriding significance which required the suggestion or coledt to be rejected.
Responcat cc co ants must mot be conclusory statements but must be a,-,ported by em-
pirtcal or experimental data, scientific authority or "planetary information of aey
kind. The court furtber said that the responses must be a good faith, reaconed
analysis.
In the event that the project is approved without adequate mitigation of significant
effects, the lead agency cost make written findings for each significant affect and it
must support its actions with a written statement of overriding considerations for
each unmitigated significant effect (CEQA Guidelines Section 15068 and 1'089).
I1 the project requires discretionary approval from any state agency, the Notice of
Determination must be filed with the Secretary for Resources, as well as with the
County Clrra, please contact Bruce Walcars at (916, 445 -0617 if you have any ques-
cions about the environmental review process.
Sincerely,
i
Zu
® Terry Roberts
Manager G
Scats Clearinghouse
cc: Resources Agexcy �Glo
ottachnant -
F.
..s a Mac M or n uns4os
CE OF PLANNING AND RESEARCH
nvu Sulu
O 93914
.ecember 19, 1985
rr«w f.��e. 1111
Y \� C' S• r
Val
t Slane Frandsen
'1 tv of Rancho Cucamonga
_ • ,'j is
;5:0 Base Line, Suite C
rancho Cucamonga, CA 91701
C:tr C: pA7:Cn. Cc:AC'.'.'
Subject: SM8 85105110, Alta Lora Drainage Svsten
.I
Dear )•h• Frandsen:
The State Clearinghouse submitted the above named draft Envirocencal Impact Repert
(EIR) to selected state Agencies for revtev. The review period is closed and the com-
ments of the individual agency(ies) is(are) attached If you would like to discuss
their concerns and recocandations, please contact the staff from the appropriate
agrucy(ies).
When preparing the final EIR, you must include all cot• =ants and responses (CEQA
Cutdeltcea, Section 15146). the certified EIR must be considered in the decision -
caking process for the project. In addition, we urge you to respond directly to the
commenting agency(ies) by writing to then, including the State Clearinghouse number nn
all correspondence.
A 1981 Appellate Court decision in Clear• v. County of Staaislaus (118 Cal. App. 5d
748) clarified requirements for responding to review coecents. Specifically, the
court indicated chat comments must be addressed to detai), giving reasons why the
specific comments and suggestions were not accepted. The responses must show factors
of overriding significance which required the suggestion or coledt to be rejected.
Responcat cc co ants must mot be conclusory statements but must be a,-,ported by em-
pirtcal or experimental data, scientific authority or "planetary information of aey
kind. The court furtber said that the responses must be a good faith, reaconed
analysis.
In the event that the project is approved without adequate mitigation of significant
effects, the lead agency cost make written findings for each significant affect and it
must support its actions with a written statement of overriding considerations for
each unmitigated significant effect (CEQA Guidelines Section 15068 and 1'089).
I1 the project requires discretionary approval from any state agency, the Notice of
Determination must be filed with the Secretary for Resources, as well as with the
County Clrra, please contact Bruce Walcars at (916, 445 -0617 if you have any ques-
cions about the environmental review process.
Sincerely,
i
Zu
® Terry Roberts
Manager G
Scats Clearinghouse
cc: Resources Agexcy �Glo
ottachnant -
..i cdwNnia
emorandum
Ms. Terry Roberts, Manager
State Clearinghouse
Office of Reurces, Energy,
and Permit Asssoistance
1400 Tenth Street
Sacramento, CA 95814
DVARTM[NT OF TRANSPORTATION
District 8
Ruunxa and Tmmyrtuwn ARanq
•
oaM December 7, 1983
Fae- 8- Sgd -30- 6.57/7.03
SCH +': 83103110
DEIR for Alta Loma Drainage System - Rancho Cucamonga
We have reviewed the above- referenced document and request
consideration of the following:
The report is vague with regard to the actual location of proposed
drainage improvements. While the assessment district boundary
extends across the adopted freeway alignment for the proposed
Foothill Freeway (State Route 30), it is nor clear whether any
drainage improvements will also extend across state highway right
of way. This needs to be clarified.
If the project will cross the adopted freeway alignment for the
proposed Foothill Freeway (State Route 30), the EIR should address
this .ituation ano any appropriate mitigation measures.
It should be noted that for any work within state highway right of
way, Caltrans is a responsible agency and may require that certain
mitigation measures be provided as a condition of permit issuance.
Regarding work within state highway right of way, the following
should be noted:
0
o Lines parallel to the highway should, where possible, be
placed outside of the state highway right of wav; longitudinal
installations within .reeway right of way are permitted only under
special circumstance, primarily where no other feasible alternative
exists.
• Transverse lines should cross the h`ghety at right angles.
• Lines within highway rights of way may t, required to be encased
for ease of maintenance.
o Liies crossing freewa• rights of way are normally requ -red to be
encased between rigrt of way limits. .
We urge early and continuous liaison with. Caltrans on proposed plans
as they affect state hignways. (�
�I2f �_II
I
/07 DEC 13 1983
Ms. Terry Roberts
Page 2
December 7„ 1983
Consideration should also be given to clarifying some of the maps.
Several are hard to read and symbols used are not always defined.
If you have any questions, please contact Steven Keel at (714)
583 -4550.
r G. POTS —`�
Chief, Transportation Planning
Branch A (Planning)
SLK:aab
cc FD[iusva, Plan Coordination Unit, DOTP
File
• RESOLUTION NO. 01- 18 -02CR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ADOPTION AND
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE ALTA LOMA DRAINAGE SYSTEM
WHEREAS, the City Council of the City of Rancho Cucamonga has
reviewed all available input concerning the Final Environmental Impact Report
for the Alta Loma Drainage System; and
WHEREAS, the adoption of said drainage system required an
Environmental Assessment; and
WHEREAS, an Environmental Impact Report has been prepared pursuant to
he California Environmental Quality Act, as amended; and
WHEREAS, a public hearing was held on January 18, 1984 by the City
Council at 7:33 pm at the I.ion's Park Community Center, 9161 Base Line Road,
Rancho Cucamonga, to receive public comment on the Final Environmental Impact
Report (EIR) for the Alta Loma Drainage System; and
WHEREAS, torments received from locally affected agencies regarding
the Draft Environmental Impact Report (DEIR) have been addressed in the Final
Environmental Impact (FEIR) for the Alta Lama Drainage System; and
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
does hereby approve and certifies the Final Environmental Impact Report for
the Alta Loma Drainage System and also hereby directs the City Clerk to file a
Notice of Determination pursuant to the California Environmental Quality Att.
PASSED, APPROVED, and ADOPTED this 18th day of January, 1984
AYES:
NOFS
ABSENT:
ATTEST:
Lauren M. Wasserman, C tl er
,)aa
Jon D Mfkers—,-Ra—y—oF7—
• - / 09
•
11
NI
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1984
TO: Mayor and Members of the City Council
FROM: Ricr Gomez, City Planner
BY Michael Vairin, Se0or Planner
SUBJECT: ENVIRONMENTAL ASSESSME!lT AND SIGH ORDINANCE AMENDMENT - An
amen Went to t o a t o Rancho Cucamonga un c pal
Cade, Section 14.20.110 of Chapter 14.20, Signs, to change
the maximum height limit for a wall sign on an industrial
building from 20 feet to a height not to project above the
roof line
BACKGROUND: Currently, the Sign Ordinance allows wall signs on
n user a buildings not to exceed 20 feet above the finished grade.
Since the adoption and creation of the Sign Ordinance, the typical size
of industrial buildings, especially warehouse /distribution centers, are
increasing in size and are reaching 40 to 50 feet in height. with the
20 -foot limitation, this limits the placement of the s!gn in the lower
portion of the building and prnvides an awkward Acpearance. The
original intent of the 20 -foot height limitation was to prevent signs
from being placed on silos, towers, or other similar structures other
than the actual industrial building Therefore, staff has proposed an
amendment which would limit the wall sign height below the roof line.
The Planning Commission conducted a public hearing on Cecember 14, 1983
and reviewed and considered the proposed amendment. Please find
attached Planning Commission Resolution 83 -143 which recommends adoption
of the amendment to the City Council Also attached to this report is a
copy of the Planning Commission staff report and ordinance for the
Council's consideration.
CORRESPONDENCE. Staff has contacted the Chamber of Co=erce Ordinance
umm ttee regarding this amendment. TO date, no opposition has been
voiced by any members of the Ordinance Committee. Additionally, no
opposition or discussion by the public was made at the Planning
Commission public hearing.
//O
CITY COU!'CIL STAFF REPORT
Environmental Assessment /Sign
January 18, 1984
Page 2
Ordinance Amendment
RECOMMENDATION: The Planning Commission
attache r finance 65 -C and issuance of
Proposed Sign Ordinance amendment.
Rlppe,tfujl j submitted,
f Ck Gomez
y Planner
RG /MV /Jr
has recommended adoption of the
a Negative Ceclaration for the
i'
Attachments: Planning Commission Staff Report - December 14, 1983
Planning Comuissicn Resolution 83 -143
Proposed Ordinance 65 -C
11
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CITY OF RANCHO CUCAMONGA A/q
STAFF REPORT �r
�l
DATE: December 14, 1983
ign
TO: Chairman and Members of the Planning Commission
FROM Rick Gomez, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - An
amentFe-nt--to-7-tFe-14-of the Rancho Cucamonga Municipal
Code, Section 14.20.110 of Chapter 14.20, Signs, to change
the maximum height limit for a wall sign on an industrial
building from 20 feet to a height not to project above the
roofline.
BACKGROUND: Currently, the Sign Ordinance allows wall signs on
ndustria buildings not to exceed 20 feet above the finished grade
Industrial but dings, typically warehouse /distribution centers, are 40
to 50 feet in height. This limits the placement of the sign in the
lower portion of the building and provides a very awkward appearance
when that sign is placed in the center or lower half of the :call. The
Sign Ordin. :.e contains a 20 -foot height limitation in order to prevent
signs from being placed on silos, towers, or similar structures other
than the actual industrial building
ANALYSIS: The attached draft Ordinance proposes a change in the
Tn-d-u-s-t-rllal sign chart which eliminates the 20 -foot height limitation.
Stiff is proposing to limit the maximum height of a wall sign so that it
does not project cbove the roof line or the parapet of the roof.
Additional Idn9u3ge is proposed that would limit these signs to
buildings only and would prohibit wall signs on other structures, such
as silos or towers.
CORRESPONDENCE: Staff has contacted the Chamber of Commerce Ordinance
amm ttee regardinq this amendment. To date, no ippesition has been
voiced by members of the Ordinance Committee.
ENVIRONMENTAL ASSESSMENT: Staff has completed an environmental
assessment of the pro-p—os-eU amendment and has found that said amendment
will not cause significant adverse impacts upon the environment.
Therefore, concurrently with the recommendation of adoption of this
draft Ordinance 0 the Council, staff recommends that the Planning
Commission recommend issuance of a Negative Declaration.
PLANNING CQMISSION STAFF REPORT
Sign Ordinance Amendment
December 14, 1983
Page 2
0
RECOMMEND1TION: It is cecommended that the Planning Commission conduct
the requ re public hearing to receive any input on this matter, 11;nn
completion of the public hearing and const eration of public testinany
and staff report, it is recommended that the Planning Commission decide
whether the attached resolution recommending approval of the ordinance
to the Council shou,J be adopted.
Resp •tfully sybmitter,
Rick Gomez
CityiPlanner
RG /MV /fir
/Attachments: Resolution of Approval
Proposed City Council Ordinance
0
0
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C C
0 RESOLUTION NO. 83 -143
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, RECOMMENDIAG ADOPTION OF ORDINANCE NO.
65 -C, AMENDING CHAPTER 14 20 OF TITLE :4 OF THE RANCHO
CUChuONGA MLNICIPAL•COOE REGULATING SIGNS
WHEREAS, the Planning Commission held a duly advertised public
hearing on December 14, 1983, to consider such amendments and public input;
and
WHEREAS, the Planning Commission finds that such an amendment is
consistent with the intent and purpose of the Sign Ordinance; and
WHEREAS, the Planning Cormi<_sion finds that such an amendment is in
the best interest of the public; and
WHEREAS, the Planning Commission find, that such an amendment will
not cause significant adverse impacts on the environment and recommends
issuance of a Negative Declaration.
THEREFORE, BE IT RESOLVED, that the Planning Comnission recommends
that the City Council approve this amendment through adoption of Ordinance
65 -C and issuance of a Negative Declaration
APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1983.
PLANK IG C."ISSION 0° THE CITY OF RANCHO CUCARONGA
BY: , I—
ennt L Sp t, Charrrman
ATTEST•l�Z %,� �- —
Acting Secretary of the Planning ComissioT n
I
I
I, RICK GOMEZ, Acting Secretary of the Planing Commission of the City of
Rancho Cucamonga, do nereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the 'fanning Commission of the
City cf Rancho Cucamonga, at a regular meeting of the Planning rommission held
on the 14th day of December, 1983, by the following vote- to -.vit:
AYES: COXMISS10NERS: REIPEL, BPRKLR, STOUT
NOES: COMMISSIONERS; NONE
0 ABSENT: C0.':MISSIONERS: 3UAREZ, MCNIEL
//y
ORDINANCE NO. 65 -C
THE CITY OF RANCHO
A ENDING CHAPTER 14 20, SECTION 14.20.110 OF
AN AMONGANAM OF THE CITY COUNCIL OF UNICIPAL CODE WHICH
CUCAMONGA F RANCHO CUCAMON TME TWENTY (20)
TITLE 14 OF TH' TO ELIMINATE
REGULATES SIGN N! UIREMENT FOR HALL SIGNS ON INOU57RlA..
MAa1MUM HEIGHT 0
BUILOING.•
The City Council of the city Of Rancho Cucamonga does ordain as
follows:
SECTION Section 14.20.110 of Chapter 14.20 is amended to read as
M
w1, �J—,rr,1•r.••�r ,lrY,
follows: ,..Y•r..,.�•IY•�r Y.
... rr.wLv .•LL.Y. �MYI/ , ,�tM
Y• .ur•• V.•uY ....rr+^� rNt� J�•�r
yra1
u•u •V �
u1p • Y.y� ~i•w•• Y�•fwF r���� L'T1•
I.M � w••V.
/•M•NU Wu,l•N •AMU�'YriVr V.r'
wY,r r^ N •Pr u•uu •,�.r
Iiw�V••u•. IN.MnI.• wt L' ♦YE J�1 'y LLy�
V'Aw..+ r l.• W.�W ..r.0 4
wru.J
wr
N Wu•I.0 y
i amendment will not
The City Councf'
finds issuth a Negative Declaration.
SECTION 2: the City Clerk
adversely of ect the environment and ere by
n this Ordinance and days after its
SECTION 3: The Mayor Published Within fVteen (15)
shall Dail 0.e orw a newspaper of general cirrulation
SECTION to ha D in the City of
shall cause in The a ornia, and circulated
passage at least once star 0,
published In the City of 1903.
Rancho Cucamonga, California. day of �=
PASSED, APPROVED, and AOOPfEO this
AYES
NOES:
a ABSENT:
CITY OF F.ANCHO CUCAb10NGA
STAFF RFPORT
I
DATE'- January 18, 1984 I
mbers of the Litt Council
T0: Mayor and Me
Rick Gomez, City planner
FROM
Senior Planner
BY: Michael Va1r1n, a eve opment
AND O.VELOPMENT CODE AMENDMENT
c
ASSESSMENT the
rancho ucamong , Section
SUB.IECT: ENVIRONMENnAe^ ment al Code, amend n9
o e, ilia 17 of the Municip require a conditional Use
familY detached dwellings less than 900
17.08.040 -6 and 17.08.040 -C to
Permit for single
square feet.
ent Code, the
the review and adoption Of the square feet for all
unit size of 900 square directed
BACKGROUND: edWaiminimum dwelling At that time, the Council the
Coun�� detached dwellings• tha Cade which le OflydallY qudetached
single family an amendment to for sing will
re are Use Permit price
s:aff [o of pa Conditional The ConditionaI Use pri ilitY to
approval uare feet. d City Council u ^its less than
dwellings less than 900Commiss1 l detached dwelling it would be
provide the Planning farm lY whether city's
review D "oposals with sin9lecase basis to determine Band with thr
900 square feet on a
case -bar proposed developme
comPatibte wi ;h xis in ves. it to The Planning
housing Soals and abj and presented planning
Staff has prepared this amendment January 11, 1984' a Resolution
their meetiPg hearing and adopted the Planning
commission at a public rOposed Ordinai,ce that such a
Commission conducted of is510P discussed a concern unit less
recommending adoption the D dwelling
the COmh destruct'on. This
CormissimaYhdetaY9the reconevent iof unintentionalg fa^ the Council's on
process ft. in the i55ion'S Resolution
than goo sq. in the EO"m
concern is reflected evelopnent Code
consideration staff feels that the new D
would take care Of this situationnand ^Toe
review Oeovisions concern,
which rgenty sCommission the
After tin P '._ Pvent of a^ e°m_ nincl Commission in
i„ t." ti'e P." a non -con.p m 9
has ez= g delay provides an undue section a request
Conforming use for reconstruction grant such Of The
non- to fe..,ew a request extreme hardship and objectives
authority in the eve" detrimental of some to
the goals
structure not to a detrimental
if found
General Plan
116
CITY COUNCIL STAFF REPORT
Development Code Amendment 84 -01
January 18, 1984
Page 2
•
Please find attached a copy of the Planning Commission. staff report
which fully describes the - amendment, as well the consistency with the
General Plan and Development Code.
1 RECOWIENDATIGN: the Planning Commission has recommended that the City
ounc a opt he proposed ordinance amendment as outlined within the
attached ordinance and issue a Negative Declaration.
submitted,
City Planner
RG /MV /1r
Attachments: Planning Commission Staff Report - January 11, 1984
Proposed Ordinance 211 -A
11
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11
14C
CITY OF RANCHO CUCAMONGA
STAFi � REPORT
DATE: January 11, 1984
TO: Chairman and Members of the Planning Commission
FROM: Rick Gomez, City Planner
BY: Michael Vairin, Senior Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT COOF AMENDMENT
84 -01 An amendment to the Rancho C camonga evel a opment
o' e, Title 17 of the Muni,ipal Code, amending Section
17.08.040 -8 and 17.08 040 -C to require a Conditional Use
Permit for single family detached dwellings less than 900
square feet.
BACKGROUND. During the review and adoption of the Development Code, the
m
ou added a minimum dwelling unit size Of 9M square feet for all
single famf'y detached dwellings. After the adol on of the Code, the
City Council directed staff to prepare an amendment to tha Code which
would require the appro al of a Conditional Use Permit for single family
detached dwellings leks than 900 square feet Therefore, staff is
brin,.rg forward this amendment to the Planning Commission to conduct
th• required public hearing and to forward a recommendation to the City
council
ANAL I, IS. In review of a Conditional Use Permit for a development with
duef-tgs less than 900 square feet, the same Conditional Use Permit
Procedures and findings in Section 17 04 of the Development Code would
be used in evaluating any future proposals Thypically, the use must be
in accordance with the objectives of the Genera' Plan and Development
Code and with the purposes of the area and district in which the site is
located Also, this analysis would take into consideration that the
Pproposed use with conditions would not b^ detrimental to the public
health, safety, or welfare, or injurious to other voperties or
Improvements in the vicinity.
In review of the housing objectives within the General Plan and
Development Code to provide for a variety of housing, housing needs, and
energy efficient housing, this amendment would be consistent with the
objectives of providing more flexibility In housing products.
0
PLANNING COi4MISSION STAFF REPORT
Development Cade Amendment 84 -01
January 11, 1984
Page 2
•
RECON.MENDATION: It is recommended that the Planning Commissicn conduct,
a public hearing to receive public input Upon conclusion of the public
hearing, it is recommended that the Planning Commission consider all
aspects of this amendment and to consider the Resolution provided within
this report.
Respe/iful7�yi -s1dQi tted,
Rick
City Planner
RG:NV �jr
attachments Resolution of Approval
Proposed Ordinance
11
/1
0 RESOLUTION NO. 84 -06
A RESOLU -ION OF THE RANCHO CUCAMONGA PLANNING COKMISSION
RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO.
84 -01 TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE
FAMILY DETACHED OWELLfNGS LESS THAN 900 SQUARE FEET
WHEREAS, on the 7th day of December, 1983, the City Council adopted
Ordinance No. 211, the 04velopaent Cade, and directed staff to prepare said
amendment; and
WHEREAS, on the 11th day of January, 198a, the Rancho Cucamonga
Planning Commission held a public hearing to consider the above - described
amendment
'IOW. THEREFORE, the Rancho Cucamonga Planning Commission resolved as
follows:
SECTION 1: The Rancho Cucamonga Planning Commission recommends to
the City ounc adoption of Development code Amendment No 84 -01, described
as follows
1 Table 17.08.040 -8 of Title 17, Chapter 17.08, The
Development Code, be amended to add a footnote on
the single family detached dwelling, under the VL,
L, and LM Districts, to require a Conditional Usc
Permit for dwellings less than 900 square feet
2 Table 17 08.040 -C of Title 17, Chapter 17 08, The
Development Code, be amended to add a footnote on
the single family detached dwelling, under the L, LM
and M Districts, to require a Conditional Use Permit
for dwellings less than 900 square feet.
SECTION 2: The Commission also expresses their concern than an
individua Homeowner may have to go through a lengthy process to rebuild an
existing home less than 900 sq ft. in the eve,•t of unintentional destruction.
SECTION 3: That this project wit' not •reate adverse impacts on the
environment —ana that a Negative Declaration is recommended.
APPROVED AND ADOPTED THIS 11T1i DAY OF JANIARY, 1984
PLANNING COX41SSION OF THE CITY OF RANCHO ,:UCAMONG,i
BY:
Tnn s _ L � au arman
ATTEST:
r _
rao
•
I, Rick Gomez , Deputy Secretary of the Planning Commission of the City of
Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a-regular meeting of the Planning Commission held
on the 11th day of January, 1984, by the following vote -to -wit:
AYES: CO MISS10NERS: REMPEL, MCNIEL, BARKER, JUAREZ
NOES COMMISSIONERS: STOUT
ABSENT: COMMISSIONERS: NONE
1.1
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0
ORDINANCE NO.
All ORDINANCE OF THE CITY COUNCIL (IF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08,
TABLES 17.08.C40 -8. AND C, OF THE MUNICIoAL CODE, TO
REQUIRE A CONDITIONAL 1SE PERMIT FOR SINGLE FAMILY
DETACHED OWEL'.INGS LESS 1H.4N 900 SOUARE FEET
The City council of the City of Rancho Cucamonga, Califonria, does
ordain as follows
SECTION 1: Table 17.08.040 -0 is amended to require a Conditional Use
Permit for sin9Te family detached dwellinj< less than 900 square f? -t within
the VL, L, and LM Districts. as shown in attached Exhibit °A•.
SECTION P: Tahle 17.08.040 -C is a *ended I -quire a Conditional Use
Permit for— Tngiefamlly detached dwellings ' -os t: -.. rlU square feet within
the L, L4, and M Districts, ss shown is attached Exhibit 080.
SECTION J: The City Council 'rods that this amendment will not cause
significant a verse L.-pacts upon the environment and hereby issues a >legative
Declaration
SEC.'10:1 4: The Mayor shall sign this Ordnance and the Ci,y Clerk
shall Cause the sane to be published within fifteen (15) days after its
passage at least once in The Oatl Re art, a newspaper of general circulation
publisheo in the City of- ntar Ti , �a 0rnia, and circulated in the City of
Rineho Cueamrnoa, Californle
PASSED, APPROVED, ana ADOPTED this _ day of 19
AYES
NOES:
ABSENT
ATTEST:
Lauren M. Wasserman„ City Clark
kep
Jon 0. Mikels, Mayor
Paz
m:
EXHIBIT "B" TO ORDINANCE 211 -A
L
SABLE 17.0 8.010 -C OPTIONAL DEVELOPAU.NT STANDARDS
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11
E
CrrY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1984• ,y;;
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Barbara Krall, Engineering Technician
SUBJECT: ORDER TO VACATE THE NORTH /SOUTH ALL -Y LO:ATED NEST OF CENTER AVENUE
AND SOUTH OF 25TH STREET
The owners of the property adjacent to the above described alley have
requested the alley be vacated in order to close the access to help prevent
crime in their area (see attached letter)
This alley Is unpzved and 1s not required for access to the properties. A map
showing the property owners and the alley location is attached
rusting of the alley has been completed and the public hearing has been
advertised In the Daily Report newspaper.
RECOMMENDATION
It is recommended that City Council adopt the attached resolution ordering the
vacation of the above described alley and authorizing the City Clerk to cause
same to be recorded
+Respetfully submt/tt d
Attachments
s
V -032
fh
? I I I I I - � I •• I I I - 1x103 - � I I I I - �• � e �- to
HIP
130 9 27 z xs PI 18 j I7 15 q ''
i
1 xd 26 I P• 22 I e
r H1
1. r�» »-
` i
P
i f• -TMEr t
o Ii 1�•!• 0-
I I e
I
r) `25 1 2J ; L I 1J I Ir j 1s 13 °rM0•T�
r
130 to ze 24 zz 104
1 ° �!• • s
it X 11 20 r8 r . � • � W
2 4yh e•Rccr
TO BE VACATED E n a g n X
0, r1Oj
cr �.<a .� �? 1'
b I
CITY OF RANCHO CI:C,•1.%IONGA
j"AQeL
T
ENGINEERING DI�'ISfON
VICINITY MAP
11\`11
i
r-
L.
a]
THE ROCK OUTREACH
P. 0. Box &C.
CUCAMONGA,CA 91730
(714) 987.1365
October S, 1983
To: planning Commission of Rancho Cucamongs
Rat Request to Acquire Allay -way
To Wb � it any Camara:
Thio request is being submitted ou bstalf of residents owning lam
Adjacent to the s11ey -way located between 25th 6 24th Streets vest of
Center Ava., Aaseaaor's map book 209 page 10 of San Bernardino County.
The ra;ueat is to permit the undersigned Owners to Acquire the
appropriate part of the Alley -vary u part of each owners own property.
We us in am accord as neighbors to receive thin property that is 20'
wide and dividing it in half so that each property Owner would receive
10' each.
The propostj alley -way is not am. nor ha: it been for ssvcral years
e utilized through way for residents 1¢ the area. On the contrary, this
alley -vsy has been a hideout and refuge for same delinquents and addition -
Ally an eyesore because of its unkept conditiou.
Each Individual homeowner in this proposal has plans to upgrade and
utilize this acquired lands if approved, so that the canonicity can continue
to upgrade and beautify its surrwodiug area. We Intend to construct A
black wall so u to beautify our property, and to help crime rate by
closing slits.
As neighbors and citizens of Rancho Cucamonga w would like for you
to please conaidar this proposal in all seriousuesa, an we the homeowners
are Auzioua to begin landscaping, fencing etc..
Respectfully,
0¢14-1 Ns¢ as iota t
President of the Rook Church
Signed property owners 6 Church
bordering such property.
6 17
4
i
Sevaro Narci¢az Loe 118 �
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AFFIDAVIT OF MAILING
1, Barbara Krall, Engineering Technician 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, January 6, 1984, the
attached resolution to the property owners on the attached list regarding the
vacatirr of the North /South Alley located west of Center Avenue and south of
25th Street
•
—Oats aroara Kra 1 Eng neer ng ec n�iT—
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNA.IDINO, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO VACATE THE NORTH /SOUTH ALLEY LOCATED WEST OF CENTER
AVENUE AND SOUTH' OF 25TH STREET
THE CITY COUNCIL HEREBY DECLARES ITS INTENTION TO VACATE
NORTH /SOUTH ALLEY LOCATED WEST OF CENTER AVENUE AND SOUTH OF 25TH
STREET, AS SHOWN ON MAP NO V -032 ON FILE IN THE OFFICE OF THE
CITY CLERK
THE CITY COUNCIL HEREBY FIXES WEDNESDAY, THE 18TH DAY OF JANUARY,
1984 AT 7;30 P M., IN THE LION'S PARK COMMUNITY CENTER BUILDING,
LOCATED AT 9161 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA, AS THE
TINE AND PLACE FOR HEARING ALL PERSONS OBJECTING TO THE PROPOSED
VACATION FOR THE PURPOSE OF ITS DETERMINING WHETHER SAID CITY
STFEET 15 NECESSARY TOR PRESENT OR PROSPECTIVE STREET PURPOSES.
POSTED THIS 9TH DAY OF JANUARY, 1984 too
v
� L H 'iTEk-
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e RESOLUTION NO.01- 18 -OICR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
OiDERING TO BE VACATED, THE NORTH /SOUTH ALLEY LOCATED
WEST OF CENTER AVENUE AND SOUTH OF 25TH STREET
WHEREAS, by Resolution No. 83 -209, passed on Cecember 21, 1983, the
Council of the City of Rancho Cucamonga declared its intention to vacate a
portion Of a City street hereinafter more particularly described, and set the
hour of 7:30 p.m. On January 18, 1984 in the Lion's Park Community Center
Building, located of 9161 P,ase Line, Rancho Cucamonga, California, as the time
and place for hearing all persons objecting to the proposed vacation; and
WHEREAS, such puh'.ic hearing has been held at said time and place,
and there were no protests, oral or writ•in, to such vacation.
BE IT RESOLVED by the Council of the City of Rancho Cucamonga as
follows:
SECTION 1: the Council hereby finds all the ev.Jence submitted that
the north soutn a ley located west of Center A "enue and south of 25th rtreet
is unnecessary for present or prospective public street purposes, and the City
• Council hereby makes its order vacating that portion of said City street as
shown on Hap No.V -032 on file :n the off ce of the Clerk of the City of Rancho
Cucamonga, rnich has been further described in a legal description which is
attached he-eto, marked Exhibit "A ", and by reference made a part thereof.
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SECTION 2: The Clerk shall cause a certifies copy of this resolution
to be recorced in the office of the County Recorder of San Bernardino County,
California.
SECTION 3: The Clerk shall certify to the passage and adoption of
this raso utii on, and It shall thereupon take effect and be In force.
PASSED, APPROVED, and ADOPTED this 19th day of January, 1984.
AYES:
NOES:
ABSENT:
Jon 0. mikels, mayor
ATTEST:
Lauren M. 4asserman, City Clerk
Jaa / 3D
EXHIBIT "A" •
that certain North /South alley (20 feet wide) in Block 59 of the North
Cucamonga Subdivision in the City of Rancho Cucamonga, County of San
Bernardino, State of California, as pew plat filed in Map Book 4, Page 0;
Records of the County Recorder of said County,
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131
CITY OF RANCHO CUCAMONGA
STAFF REPORT
pFa
DATE: January 18, 1984 "
TO: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
SUBJECT: DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE
PARK SEN162 E�T
c N 7fb'J
BACKGROUND: On December 7, 1983, the City Council reviewed and approved
eso ut on 83 -205 regarding the Calmark proJect for the construction of
233 senior citizen apartment units. In accordance with California
Government Coda Section 65864, staff has prepared an ordinance for th-
City Counc41 approving the Development Agreement between the City of
Rancho Cucamonga and Calmark Development Corporation. Attached for your
review is a copy of the final draft Development Agreement and the staff
report of December 7, 1983.
RECOMMENDATION: It is recommended that the City Council approve the
attache or nance approving the Development Agreement with Calmark
Development Corporation for Planned Development 83 -01.
Respectfully submitted,
Rick- Gomei�- °-
RG /Jr
1 Attachments
C
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 1, 1983
TO Members of the City Council and City Manager
FRAY: Rick Gomelk, City Planner
SUBJECT: DDEE(VEELOPMMEENNTT AGREEMENT: HERITAGE PARK SENIOR CITIZEN
ABSTRACT: This report contains information describing staffs efforts
to and negotiate a long -term Development Agreement between the
City and Calmark Development Corporation, the key points of the
Agreement, and a copy of the final Development Agreement.
BACKGROUND: In April of this year the City Council approved the General
DTan men7ment, zone change and planned development for Calnark
Development to allow the construction of 233 senior citizen apartment
units on 6 25 acres of land located northwest of the corner cf Base Lire
Road and Archibald Avenue, Just south of the Southern Pacif•c railroad
tracks. Along with these changes, a draft Development Agreement was
revie %ed. Included with the zone change was toe provision for senior
citizen housing and certain development incentives. These incentives
included an increase in the number of dwelling units per acre, waiving
the usual requirement for covered on -site parking, reducing the number
of required on -site parking spaces below that which is usually required,
and waiving and reducing various City development fees. In order to
guarantee that the apartment units developed as a result of these
development incentives remain occupied by and affordable to those senior
citizens originally targeted, the City Council instructed staff to
prepare and negotiate a long-term legally binding agreement with
Calmark. The final draft Agreement nos been Completed and 1s attached
for your review.
SUMMARY OF DEVELOPER AGREEMENT:
The California Government Code (Sections 65864- 65869.5) allows cities to
enter Into agreements with developers, the contents of which shall
specify the duration of the agreement, the permitted uses of the
property, the density or intensity of use, the maximum height and size
of proposed buildings, and provisions for reservation or dedication of
lard for public purposes In April the City Planning Commission
reviewed a Draft Development Agreement and sent recommendations to the
City Council. In May the City Council reviewed the Commission amended
Development Agreement arid app, oved it as a basis to begin negotiations
with Calmark.
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CITY COUNCIL STAF 'OR7
DEVELOPMENT AGREE �n' - PO 83- 01 /CALMARK
December 7, 1983
Page 2
p Tareet Tenants The in tenants
emergencyo situations d as inspecified�ein the
Development Agreement) to individuals who are fifty -five (SS) Years
old or older, or married couples whose head of household is
fifty -five years or older,
staff to to used in calculating the rents charged
p Affordable Rents - In April the City Council approved a rents
ormu a propose Y
for the ctnits in the project
ormula set o pare f( the Pgveement (please see
attached memorandum dated April 5, 1983).
p Reserved Units -3Sav units) (a�e reservedoforh low iandcmoderateeincome
senior citizens for a period of twenty (20) years.
a Annual Review - and Cshallareceivei9entai and conduct
occupancy informattan
o t. e 5 07
from the project or,nc!rr an annual bas s.
p MiIntenance Perroimed loo n•.cordance Insure the tmaintenanceeplan the
outlined in the Senior Housing Overlay Oistrizt administrative
guidelines and in this Development Agreement, the property owner
shall either establish a ttndscape maintenance district pursuant to
State law and City ordinance or res Ration, or at Property
nor's
option post a maintenance neposit or other legal security reasonably
acceptable "nor he C1tfailotooadequatelyhmainitain the project that the in e even1 a rove the
attdCN —i"' -tiont approving recommended
Development CorpOfatlOn for PD B3 -01
Development Agreement.
Res act (Ilyg ba itted,
Rick G0 mH�L-
C1tyiPlanner
RG:Ali:jr
'Attachments
that the City Counci PF
Development
authorize the Mayor With
to sign the
and the
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 18th day of January, 1984, between
CAL - RANCHO, INC. ('Property Owner ") and the City of Rancho Cucamonga, a
municipal corporation organized and existing under the laws of the Statd of
,
California ( "City ").
RECITALS
This Agreemant is predicated upon the following facts:
1. Government Code Section 65864- 65995.5 authorizes the City to enter
into binding development agreements with persons having legal or equitable
interests in real property for the development of such property.
2. Under Section 65865, the City has adopted rules and regulations
establishing procedures, requirements and administrative guidelines for
consideration of development agreements.
'• 3. Property Owner has requested City to consider entering into a
development agreement and proceedings and have been taken in accordance with
City's rules and regulations.
4. City has found that the development agreement is consistent with the
( General Plan.
S. On Jan-iary 18, 1984, City adopted Ordinance 211 approving the
development agreement with Fropeety Owner and said action was effective do
n January 18, 1984.
4 NON, THEREFORE, the parties hereto agree as follows:
p1 Definitions. In this Agreement, unless context othervise requires,
the follow ng terms shall have the following meaning:
a "City" is the City of Rancho Cucamonga
b "Project" is the development approved by the City, described
further in paragraph 7 hereinbelow.
' c. "Property Owner" is Cal- Rancho, Inc, and includes all of its
successors in interest and assigns.
d, "Real Property" is the real property referred to in paragraph 3
hereinbelow.
e "Sonior Housing Overlay District" is the zoning category created
• by City Ordinance 193 adopted April 20, 1983
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f. "Target Tenant" is defined as individuals oho are fifty -five (55)
rears old or older, or married couples whose head of household is fifty -rive
(55) ;tars old or older.
individuals or couples earning ^equalRents
t for charged percent ablo to
the current County of San Bernardino median income as determined by )tne
Federal Department of Housing and Urban Development, which rent shall on an
annualized basis be equal to or less than thirty percent (30x) of the eighty
percent (80%) of the current median income. For purposes of this definition,
rerrs charged for all one (1) bedroom units shall be subject to computation
based upon eighty percent (80%) of the median intone for a two (2) person
household. Rents charged for all two (2) bedroom units shall be subject to
computation based upon eighty (80%) of the median income for all t3useholds (4
or more persons)
2 Recitals. The recitals are part of the agreement between the parties
and shaTT be—enforced and enforceable as any other provision of this
Agreement.
3. Oescr totlan of Real Property. The real property which is the subject
of this Agreement is�scr a mire fully In Exnibit "A" attacned hereto and
incorported herein by reference.
4 Interest of Proper t Omer. Property Owner represents that it has
full legs t t e to the rea property, that is has full legal right to enter
into this Agreement, that there is no other person or entity which has any
other interest in fee ownership to the real •operty, and that all other
persons and entities who may hold legal or equitable interests in the property
agree in be and are bound by this Agreement. If there are any holders of
deeds of trust on the real property which may be senior to the lien of this
Development Agreement, the holders of such deeds of trust havc assented to the
terms of this Development Agreement in writing and agree to be bound by the
provisions hereof
5. B�in�din_g of A Effect reement. The burdens of this Agreement shall run
wltn the real -ms property an SiaT —51nd, and the benefits of this Agreement
shall inure to the successors in interest and assigns of the parties to 1t.
6. RelatiQnshiP of Parties. It is understood that the contractual
relatlonshlp Between -ity an roperty Owner is Such that Property Owner is an
independent contractor and is not the agent of City for any purpose
whatsoever.
7. Ctb 's Ap novel Praceedins for Pru nit. On Awr11 20, 1933, City
approved r nonce treat ng a en or .ousing Overlay `istrict. Gn April
20, 1983, the City adopted a zoning designation of "Senior Housing Overlay
District" fo• the real property. The record of the applications by Property
Owner proceedings before the Planning Commission and the City Council of City
on file in the office of City and all of the files and records in these
matters are incorporated herein in full by this reference as thougn set forth
in full. Property Owner proposes to construct 233 apartment units,
recreational and common area facilities, and 165 parking spaces and other
amenities on the subject property, all as are set forth more fully in the site
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plan for Planned Development 83 -01 (*Site Plan ") submitted by Property Owner •
and approved by City, a copy of which 1s attached hereto as Exhibit 8" and
ofca provaldwheiehirare note changed, altered oramodifil conditions
Agreement unless specifically set forth herein.
8. Chances in Project. No substantial change, modification, revision or
alteration may a ma e n the Site Plan approved on April 20, 1983, without
review and approval by City,
9. Term oP A reement. The term of this Agreement shalt commence on the
date first above wr tten and shall expire twenty (20) years after the
occupancy of the first tenant in an apartment unit In the Project, but in no
event later than twenty -five (25) years after the commencement of the term of
this Agreement, su8'ject to the annual review described in paragraph 13
hereinbelow.
10. Restrictior on Rental Units. .xcept as set forth herelnbelow, all
tenants, occuPants, an res dents o apartment units in the Project shall be
Target Tenants. Said apartment units shall not be rented, occupied, leased or
subleased to tenants or occupants tentntom_y Target Tenants without the City's
Prior written consent, except as se elow.
Parson or persons not a Target occupy an apartment unit if he
occuoies the apartment unit with a resident occupant who Is a Target Tenant
and if any of the following conditions are met.
a in an emergency, and for so long as the state of emergency exists;
b on a temporary basis, not to exceed three (3) months out of any
calendar year (grandchildren, blood relatives); and
c medical support personnel or private nurses for resident occupants
who are Target Tenants.
11. Rents and Rent Adjustments. The Property Owner shall establish and
maintain ar or ab a rents for seven y percent (70X) of all apartment unite in
the Project. (Said senventy percent (70X) of the apartment units are
hereinafter referred to as "Reserved Units.") For purposes of this provision,
rent shall Include both the amount charged for occupancy of an apartment and
any utility charges if utilities are no.:aparately metered. If utilities are
separately metered, they will not be considered in the affordable rent
computation. (It is speciffically agreed that said restriction on rents shall
apply only to the Reserved Units, as Property Amer would have not entered
into this Agreement or agreed to develop the Project If said rent restriction,
or any rent restriction applied to more than the Re t I t d 1
s r c e Un ts.)
In the event that rents are increased for Reserved Units, a minimum of
^� hirty (3� days written notice of any rent increase shall be provided to all
U affected teiit nts in Reserved Units and to the City.
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• 12 Maintenance of Apartments as Rentals. During the term hereof and such
extensions as may be agreed to, all apartment units in the Project shall
remain rental units. Ho apartment unit in the Project shall be eligible for
conversion from rental units to condominiums, townhouses or any ocher common
interest subdivision in which some fee ownership in the apartment unit would
be granted to a person or entity other than the Property Owner or its
permitted successor or assignee or in which ownersnip of the Project would be
transferred to o corportion (-CO-OP*) or other entity which would then sell
stock or some other cooperative ownership interest to a prospective owner or
occ•pancy of an apartment or dwelling unit, provided that nothing herein
contained shall preclude the sale of tte entire Project to a sings: purchaser
other than a Co -op.
13. Submissw,in of Mate ^ia.s and Annual Review.
a. Prior to the eie,utlon hereof, the Property Owner shall submit to
the Ci,y the following information.
(1) An analysis of the cost of the Project including land cost,
const•uction cost, financing cost, and so forth;
i
12) Tenant selection procedures which shall detail the methods of that
Property Darer ,halt use to advertise the availability of apartments in the
Project and screening mechanisms that Property Owner intends to usu to limit
the occupancy of the apartments to the Target Population
b. The Prooert, Owner shall file with City an annual report
containing information on the Project specified herein for the preceeding
calendar year Said annual reports shall be filed with the City nu later than
1 March 15 following the previous calendar year. The report shall contain such
Information as City ray then require, including, but not limited to, the
following
(1) rent schedules then in effect; utility charges (if any);
(2) pr,ject occupancy profile including age, income characteristics of
resident;, nuri_er of automobiles owned by Project residents (total),
(3) listing of substantial physical defects in the Project including a
description of any repair or maintenance work undertaken in the reporting
year; and
(4) a description of maintenance of the Project including the
condition of apartment units, landscaping, walkways, stairs, and recreational
areas.
City shall be allowed o conduct annual physical inspections of the
Project as it shall deem necessary prov ded that said inspections do not
unreasonably interfere with the normal operations of the Project The City
shall further be allowed to conduct an annual survey of residents in the
® Project In order to assess their satisfaction with to Project. The survey .,„
contain, but shall not necessarily be limited to, questions regarding
mangement /tenant •elations, maintenance of the Project, design features,
general attitude toward the mroject, and so forth.
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14. Tenant Selection Contracts and Rules and Regulations. On receipt of
an appl cat on or occupany n a Reserve�d Un jt, Property Owsner shall
determine the eligibility of the occupany under the terms of this Development
Agreement. Property owner shall be entitled to reli on the information
contained in the application sworn to by the applicant. All agreements for
rental of all apartment units, in the Project shall he to writing. The
proposed rental agreement or lease form for the Rese -ved Units shall be
provided to City for its review and approval, a copy of which is attached
hereto as "Exhibit 00" and hereby approved. Such rules of conduct and
occupancy shall be given to each tenant of an apartment unit prior to such
tenants' occupancy.
15. Termination and Eviction of Tenants. A tenancy in a Reserved Unit may
be term note w out t e erm not on esng deemed an eviction under the
follow .g ci,.:umstances:
a. death of the sole tenant of the unit;
b by the tenant at the expiration of a term of occupancy or
otherwise, upon thirty (30) days written notice,
c. -.y abandonment of the premises by the tenant; Or
d, by failure of tenant to maintain income eligibility pursuant to
the provisions hereof, providing that Property owner gives tenant sixty (60)
days written notice of such termination, or
e. by failure of tenant to execute or renew a lease
Any termination of a tenancy of a Reserved Unit other than those listed in
this subparagraph shall constitute an eviction. Property Omer shall only
evict to compliance with the provisions of California law and then only for
material non - compliance with the terms of the -'ental agreement, lease or rules
and regulations of the Project Property Owner shall establish appeal and /or
grievance procedures and rules and regulations for use for evictions of
tenants of Reserved Units, which shall be submitted to and approved by the
City prior to the occupancy of any Reserved Unit in the Project. The rules
-,d regulations a copy of which is attached hereto as Exhibit "E" Is hereby
agp ^oved
16. Local Residencv. Preference shall be given where possible to
,plicants cot e ro ect who have been residents of the City of Rancho
Cucamonga. This factor, however, shall not be given any priorty over the
other elements of tenant selection In paragraph 14 hereof.
'7. Hazard Insurance. Property Owner shall keep the Project and all
improvements c ereon insured at all times against loss or damage by fire or
other, risks covered by a standard extended coverage endorsement and such other
risks, perils or coverage as Property Omer may determine. During the term
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hereof, the Project shall be insured to its full insurable value. City shall
have the right to review insurance coverage maintained by Property Owner or
its successors and assigns and the power to require additional insurance to be
carried in amounts required by the City at the City's sore discretion so that
the provisions of this paragraph are complied with. City's action or inaction
hereunder shall not subject it to liability to any third persons or entities.
18. Maintenance Guaranty . ?n order to insure that maintenance of the
project is performed in accordance with the maintenace plan as outlined In the
Senior Housing Overlay District administrative guidelines and In this
Development Agreemert, Property Owner shall either establish a landscape
maintenance district pursuant to State law and City ordinate or regulation or,
at Property Owner's option, post a,maintenace deposit or other legal security
reasonably acceptable to the City to be used by the City in the event that
Property owner shall fail to adequately maintain the Project as herein
required. The parties hereto agree that a maintenance depost of $12,000 is
acceptable, which maintenance depost may be in the form of a letter of credit,
certificate of deposit, bond or comparable instrument,
19 Specific Restrictions on Develo ens of Real Property. The following
specific restr ct
-M-5-77T s a a so cover t e use o the
a only residential uses of the real property are permitted in the
Project
b maximum density of residential dwelling units in the Project shall
never be greater than 38 dwelling units per acre.
C the maximum height for each cf the proposed buildings shall be 35
feet
d maximum size for all of the buildings and the proposed square
footage for each of the apartment types located therein is set forth more
fully on Exhibit "B" attached hereto and incorporated herein by reference.
e, provisions for reservation or dedication of land for public
purposes are contained to the conditions for approval of Parcel Map 7827 and
are incorporated herein by this reference.
20. Hold Harmless. Property Owner arrees to and shall hold City, Its
officers, agents, cmpToyees and representatives harmless from liability for
damage or claims for damage for personal injury including death and claims for
property damage which may ,rise from the direct or indirect operations of
Property Owner or those of his contractor, subcontractor, agent, employee or
other person acting on his behalf which relate to the Project. Property Owner
agrees to and shall defend City and its officers, agents, employees and
representatives from actions for damages caused or alleged to have been caused
by reason of Property ,.per's activities in connection with the Project. This
hold harmless anreement applies to all damages and claims for damage suffered
or alleged to have been suffered by reason of the operations referred Loin
this Development Agreement regardless of whether or not the City prepared,
supplied or approved the plans, specifications or other documents for the
Project.
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21. Affect of Develo ent A eement on Land Use Re ulattons. Rules,
regulations, an o c a po c es yoverrong permitted uses o the real
property, the density of the real property, the design, improvement and
construction standards and specifications applicable to development of the
real property, are those rules, regulations and official policies in force at
the time of execution of this agreement. It 1s understood that City may grant
Proeprty Owner a dwelling unit density bonus, may reduce its requir;ments for
on -site parking, may waive its requirement for covered on -site parking and may
reduce and /or waive other fees as an incentive for Property Owner to construct
the Project and for both parties to enter into this Development Agreement.
22. Develo ent Incentives. Pursuant to paragraph 21 of the Development
Agreement, t e ZTi:y will grant property owner the following
development incentives for development on the subject property:
a. The Beautification Fee levied pursuant to City Council Resolution
79 -1, Section 7 0, will be waived to its entirety.
b The maximum density per acre on the subject property shall be
increased to 37.5 dwelling units per arse.
c. The maximum number of required off street parking spaces shall be
lowared to .7 parking spaces per dwelling unit.
d The requirement for covered parking spaces will be waived in its
entirety.
e Payment of both the Drainage Fee and Systems Development Fee by
the property owner will be deferred and will be payable concurrently with the
occupancy Of the first unit on the subject property. The fees will be jased
upon the ordinances and schedules in effect as of the date of submittal of the
project and will not be effected or increased by any increases taking effect
after submittal of the project. "Date or submittal" of the project will mean
the time that plans are submitted to the City in order to have the City issue
building permits for construction of the improvements on the subjec, property.
r. The property owner will be reimbursed for certain of; site
construction costs set forth below from the City of Rancho Cucamonga
Redevelopment Agen -y Affordable Hosing Set Aside Fund Those off -site
construction costs will include the following:
(1) Construction costs for installation of a storm drain line along
Archibald Avenue to Base Line Avenue approximately 390 feet;
(2) Completion of off -site improvements on the west side of Archibald
Avenue including Street widening, paving, curb and gutter from Lomita Court to
Base Line Road
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• Property owner w11: provide for City review bid estimates with such
documentation as the Ctty may request in order to evidence costs incurred by
property Owner for installation of these various off -site improvements.
Property owner will and does hereby assign to City any right of
reimbursement which it may have, whether by law, or by any approval first
granted by City on the subject property, for reimbursement from adjacent
property owners for the off -site improvements, the costs of which are being
reimbursed to property owner by City to connection with this Development
Agreement. Property owner acknowledges and agrees that amounts collected i(i
the future by the City which would have been reimbursed to the property owner
at some future date will be retained by the City by reason of this assignment
and the City has expedited and accelerated tF.e reimbursement process to the
Development Agreement and has advanced City monies for reimbursal, which City
monies will be reimbursed to City by future property owners.
23 Enforcement. In the event of a default under the provisions of this
Agreement by roperty Owner. City shall give written notice to Property Owner
for its successor) at the Project, or by registered or certified mail
]dressed to Property Owner at the address stated in the Agreement, or to such
other address as may have been designated by Property Owner, and if such
violation is not corrected to the reasonable satisfaction of City within
ninety (90) days after such notice Is giver, or if not corrected within such
reasonable time as may be required to cure the breach or defoul. If said
breach or default cannot be curred within ninety (90) days (provided that acts
to cure the breach or default must be commenced within said ninety (90) days
and must thereafter be delinquently pursued by Owner) then the City may,
without further notice, declare a default under tnis Agreement and, upon any
such declaration of default, the City may bring any action necessary to
enforce the obligations of Property Owner growing out of the operation of this
Development Agreement, apply to any court, state or federal, for specific
performance Of the provisions of this Development Agreement, or for an
injunction against any violation by Property Owner of any provision of Vis
Agreement, or for such other relief as may be appropriate, it being agreed by
Property Owner that the injury to City arising from default under any of the
terms of this Development Agreemat would be irreparable and that It would be
extremely difficult to ascertain the amount of compensation to City to afford
adequate relief In light of the purposes and policies advanced and satisfied
by approval Of the Project and by this Development Agreement.
24. Event of Default. Property Owner is In default under this Agreement
upon the happen ng o one or more of the following events or conditions:
a. if a warranty, representation or statement made or furnished by
Property Owner of City is false or proves to have been false to any material
respect when it was made;
b. if a finding and determinat'or is made by the City following an
annual review pursuant to paragraph 13 herelnabove upon the basis of
substantial evidence that Property Owner has not complied in good faith with
any of the terms and conditions of this Agreement, after notice and
opportunity to cure as described to Paragraph 23 herelnabove,
c. breach by Property Owner of any of the provisions or terms of this
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Agreement, after notice and upportunity to cure as provided in Paragraph 23
hereinabov!. .
25 Proceedin O on Dzfautt. City does not waive any claim of defect in
performance y roperty ner if on periodic review City does not modify or
terminate this Agreement. Nonperformance Ly Property Owner !hall not be
excused because of performance by Property Owner of the ooligations herein
contained would be unprofitable, difficult or exrensive or because of a
failure of any third party or entity, other than the City. All other remedies
at law or in equity which are not otherwise provided for in this Agreement or
in the city's regulations governing development agreements are available to
the parties to pursue in the event that there is a Preach of this Development
Agreement. No waiver by City of any breach or default under this Development
Agreement shall be deemed to be a waiver of ary other or subsequent breach
thereof or default hereunder.
26 Rights of Lendars Under this Agreement. Should Property Owner place
or cause to a plat- any encum rani• ar Tien on the Project, or any part
thereof, the beneficiary ( "Lender ") of said encumbrance or lien, including,
but not limited to mor' gages shall have the right at any time during the term
Of this Agrc, —. nt and the existence of said encumbrance or lien to:
a, do any act or thing required of Property Owner under this
Agreement, and any such act or thing done and performed by Lender shall be as
effective as if done by Property Owner himself;
b. realize on the security afforded by the encumbrance or lien by
exercising foreclosure proceedings or power of sale or other remedy afforded
in lac, or in equity or by the security document evidencing the encumbrance or
lien (herein called the 'Trust Deed "), and to:
(1) transfer, convey or assign the title of Property Owner to the
.'0ject to any purchaser at any foreclosure Sale, whether the foreclosure sale
.e conducted pursuant to tour! order :r pursuant to a power of sale contained
in the (rust De!d;
(2) acquire and succeed to the interest of Property Owner by virtue of
a.iy foreclosure sale, whether the foreclosure sale be conducted pursuant to a
court order or pursuant to a power of sale contained in the Trust Deed.
27. Notice to Lender. City under thi! Agreement shall give written notice
of any a au t or rear under this Agreement by Property Owner to Lender and
afford Lender the opportunity after service of the notice to:
a, cure the breach or, default within thirty (30) days after service
of said notice, where the default can be cured by the payment of money;
b cure the breach of default within ninet+ (90) days after service
of said notice where the breach or default can :e cured by somethiwg other
than the payment of rooney ani can be cured within that time; or
c. cure the breach or default in such reasonable time as may be
required whore something other than money is required to cure the breach or
default and ranno' be performed within ninety (90) days after said notice,
.7.
yy3
provided that acts to cure the breach or defa-ilt are :ommenced within ninety
.b (90) day period after service of said notice of default on Lender by City and
are thereafter diligently continued by Lender
20. Action Dy Lender. Notwithstanding any other provision of this
Agreement, a ender ni�arestall any action by City for a breach or default
under the terms of this Agreement by Property Owner by commencing proceedings
to foreclose its encumbrance or lien on the Project. The proceedings so
commenced may be for foreclosure of the encumbrance by order of court or, for
foreclosure of the encumbrance under a power of sale contained in the
instrument creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or breach by
property Owner unless:
a. they are commenced within thirty (30) days after service on Lender
Of the notice described tiereinabove;
b they are, after having been commenced, diligently pursued in the
manner required by law to completion; and
c Lender keeps and performs all of the terns, covenants and
conditions of this Agreement re ' uir;ng the payment or expenditure of money by
Property Owner until the foreclosure proceedings are complete or are
discharged by redemption, satisfaction, or payment.
29. Liabllft of Lender. No Lender shall have any liability under the
terms o Fn-T— s greement un ess it acquires title to the Project through
foreclosure or a deed in lieu of foreclosure in which event, it shall hold
title to the Project subject to the obligations of a successor to the Prcperty
Owner as herei. provided.
30. Rent Control. In consideration for the limitations herein provided,
the City agrees chat t shall, during the term of this Agreement, not take any
action, the effect of which will be control, deteruine, affect the rents for
apartment units located in the Project; the parties herein agree that the
controls or limitation of rents on the remainder of the apartment units in the
project.
31. Attorneys' Fees. In any proceedings arising ,rom the enforcement of
this Development Agreement or because of an alleged breach or default
hereunder, the prevailing party shall be entitled to recover the costs and
attorney fees incurred in the proceeding and such reasonable attorneys' fees
as may be determined by a Court in any legal actloii.
32 Cumulative Remedies, Tne respective rights and remedies provioed by
,is Ceve opment Agreement or by law or available in equity shall be
cumulative and the exercise of any one or more of such rights or remedies
stall not preclude or affect the exercise, at the same or at Jifferent times,
of any other such rights or remedies for the same or different defaults or
breaches or for the same or different failures to perform or observe any term
or provision of this Agreement.
-10-
NY
33. Bindin Effect. This Agreement shall bind, and the benefits and
burdens ereo -shall Inure to, the respective parties hereto, their legal
representatives, executives, administrators, successors and assigns, provided
however, that if Property timer sells the Project and the purchaser assumes
Property Owner's obligations hereunder accruing after said sale then Property
Owner shall have no obligations hereunder after said sale is consummated.
34. Recordation. This Agreement shall, at the expense of Property Owner,
be recor e n t e official records of the County of San Bernardino in
accordance with provisions of the Government Code.
35. Miscellaneous. This Agreement shall be construed in accordance with
and governe y t e aws of the State of California The provisions of this
Development Agreement shall be liberally consrued to effect its purpose as set
forth herein and in the attachments hereto. Whenever the context so requires,
the singular number includes the plural, the plural includes the singular,
masculine gender includes the feminine and /or neuter and the neuter gender
includes the msculine and /or feminine. The time limits set forth in this
Agreemei; may be extended by mutual consent of the parties in accordance with
the procedures for adoption of a develo;enent agreement
36 Partial Invalidity. If any provisions of this Agreement shall be
invalid, F gal or unenforceable, the validity, legality or enforceability of
the remaining provisions hereof shall not in any way be affected or impaired
thereby
IN WITNESS WHEREOF, this Agreement has been executed by the parties
and shall be effective on the day and year first above written regardless of
the date of actual execution hereof.
PROPERTY OWNER:
By: --
Name ) (Title
CITY:
SITY OF RANCHO CUCAMONGA
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EXHIBIT "A"
(Legal description of the Project)
Parcel No. 1 and 2 of Parcel Map No. 7627,
Cucanonga, County o:`. San Bernardino, State
Book53—, Pages & andli of Parcel traps, in
Recorder of said County.
/YL
in the City of Rancho
of California, as per
the office of County
_ EXHIBIT B
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EXHIBIT L^
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CALMARK REALTY MANAGEMENT, INC.
APARTMENT LEASE
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CALMAnx REALTYAMANAGEMENT, INC.
MOUSE RULES •
I The residents' family and guests shall hart due regard for tame comfort and enjdyw,nt
Of all other relldents In the acirthent co0anity. Your epar-.nent is your more, free
from Interferenu from han,gkeent, unless you or your quest disturb other pews.
Occupants and guests Shall Nintaln Order In toorthelt at all tines. ial W IIomq.
stereo units and sutical instruments shall not be played it 4 volume that annoys
persons In other apartments.
2 Resldents fast agree not to Change or alter tact& at any tin, unless written
pernlstlan is Steam few Managesent.
S. Occupants are llelted to me (1) fanny and no hors than two (2) persons per bedrom.
4. Appliances, Plurbld9, heating and air cmutionlej: Please Check with Mam9ement If
you Oa met know Paw to properly operate these Items we will advise you Of details to
as to get the ultisite perfovaMCN. Resident shall turn off MISS and air wneM
edndaws and dacrs are Open,
9. Pause $,Dolt Maintenance ,*Coast& to tot office PRmn (619) 725 -1641, during
Business hear% Services are available after hours for frargamcies only; these
Include flee, $tan dwage. meat and water damt9e.
6. AP&,t•e,t dwellers Should halt ptrscnal Theft 6 rive Insurance. Our Wlldings are
covered, hot your personal belongings such as clouel, furniture, eta., are not.
2 SSwiming pool, and pasta arts are for all retldMtl and their Boosts Slice the
pools are being veto by any aparinemc YP1Ls the reStdIMts HIST BE Considerate Of the
rest of the residents In kne se tter if Inviting Guests, as the residents living here
Net nave 'lest consideration as to the use of me poll It is suggested that the
residents give Careful Lhoigmt to inviting 9vMTs d9rlmg hours that the pool is In
Mug use. ALL GUESTS tmou to be regletered with the Management and will not be
Ills ltd In the Pool etc%% OCCo-0anied by the resident that ales Invited then.
D. The clubhouse Is for the use of ALL RESIDENTS, during been hours, not for Just a
to mjOy. we 3110 allow fir residents to rtserve the club for privet* parties. This
must be an,roved through anage^ent and you will OR rMpomslbte for leaving the ram
alt# and elderly, Yo, are also respansible for any of your guests no nay cause
damage during the party.
9. All Cart art rewired to have A Heritage Park Sticker to the Dot window, Cars art
subject to be towtd without this tucker.
10. Please DO HOT Dark year Cal by the building If you (pave before It A.M Never Dace
Into A 04,king Space by the Building At ink fu ^es 90 Into the aoartnentt and cause
disc mfort to your neigmbofs Pause help us to tee, your lot, clean RIVER dump
your ear jsmtray died the lot
it Attila. Say you, 'GlodDyo' to your quiet 5151de yo-J, apmtreht If they lea,, at
night. h consldmrte of your nelgrbore - AT ALL TIMES
12 Please eta all visitors to cart in outside parting later$. leaving the spaces clatest
to the buildings for residents.
17. Visitors Should not bring PET! with tom. If you have a pet -felting. please notify
the office.
14 Snckt Alarm: Step. or snot, will At off tPe slam. The noise will not hurt you or
the unit Turn On the fn atave the stove •Mile coating. this .all help to ti lsl hat<
the stem or sate.
15 Managerent 1109111, that ally white backing an "realms be allowed 11 windows. no
colors, prints or flowers Should be hung, Please, If you have plants, It is your
respdntlb ll ty to out A Contllner underneath to as to catch any water that ivy lost
you .111 be held responsible for Any una9e that water sly do to the aar15etin9.
16 Management shall here the right to Pale Such other reasonable roles fret tins to
Is they judge necessary to Am Chalet the tlunllnesf and orderliness of the Orfeise
40d Safety and comfort Of KCUPIM%$ Of the oulldln9s Relic@ of any additimil rvlet
And reSoI tie,$ .111 he given to the resldtl.ts In writing.
I May[ READ TME ABOVE RULES SET FORTH IT THE HARAGEMERT Go HERITAGE PARK, Ain ACPEE
TO ABIDE by THEM At ALL TIMES.
Mamate'e.t r rI. Resident _ 15 Tv ,a
a�B�1
HOUSE RULES
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EXHIBIT £
I. RIGHT = A HEARING
Upon filing of a written request as provided herein, a
complainant shall be "entitled to a hearing before the
Hearing Panel.
2. peel=I=
a. Owner is used meaning owner or his Authorized Agent.
b. .C=.Wnxnt is defined as any resident whose rights,
duties, welfare or status are or may be adversely
affected by Ovnec's action or failure to act and who
files a grievance or complaint with the Owner with
respect to such action or failure to act.
_. City as used herein shall mean the City of Rancho
Cucamonga.
d. 211EYa1LE DS .CCLttzlainj is defined as any dispute with
respect to Owner's action or failure to act in
accordance with lease requirements, or any Owner's
action or failure to act involl•ing interpretation or
application of the Owner's regulations, policies or
procedures which affects the rights, duties, welfare of
status of the complainant.
3. RROCEDL1R 2RLU = A HrALgTN ,
a. AU y.Lfe_ v�nCP = rnnnl�afnt rmqt Ile Rercnnal)y
to the Owner's office or to the management office of the
project in which the complainant resides so that the
grievance may be informally discussed and settled
without a hearing. The grievance or complaint must be
signed by the complainant and filed in the office by him
or his representative within 5 days of the Owner's
action or failure to act which is the basis for the
grievance. It may be simply stated, but shall specifiy:
(1) the particular ground(s) upon which it is basedi and
(2) the action requested.
A copy of the complaint shall be retained by the
complainant and a copy should be filed with the project
manager. All complaints and /or copies must be date -
stamped at time cf receipt by the Owner.
b. An answer in writing U P.a:h nnmpiain•, dated and signed
by the project manager, or other appropriate official,
shall be delivered or mailed to the complainant within a
reasonable time (generally within ten working drys). A
copy of the answer shall be filed with the complaint in
Y
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the appropriate project office. The answer shall
®
specify:
1. The proposed disposition of the complaint and the
specific reasons therefore;
2. The right of the complainant to a hearing; and
3. The procedure by which a hearing may be obtained.
If tha rnrglalnAnt is with the proposed
disposition of his complaint, as stated in the project
manager's or other Owner official's answer, he may
submit a written request, to the Owner or project
management office, for a hearing. This written request
shall be made within a reasonable time of the date of
the answer to his complaint (generally ten working
days). The written request for a hearing must be date —
stamped and filed in the appropriate Owner or project
management office along with the complaint and answer.
The Hearing Panel shall be advised promptly of the
request by the appropriate official; shall schedule the
hearing as promptly as possible for a date, time and
place reasonably convenient to the complainant; and
shall inform the complainant thereof in writing.
d 11 the complainant ilrlas not Z001=1 a hoar+no within the
to time period allowed in Subsection c. above, he waives
his right to the nearing, and the Owner's proposed
disposition of the grievance will become final
COMPOSITIny AU SELECT QS Dz THE HrARTN npA The heating
Panel shall consist of five members; two selected from a list
o` tenants; two appointed by the Owner; and one impartial and
disinterested member ;together with an alternate) chosen by
the Hearing Panel mumbers. In the event Lhat the four
Hearing Panel members cannot agree on the fifth impartial
member, then such fifth raombea shall be appointed by the
City. The Chairman of the Hearing Panel shall be elected by
the members of the Panel. Three votes shall be required for
any decision by the Panel.
a Thera shall ha nn - UlaL+ya nt t. - nnayleinant on the
Panel which hears his complaint; nor shall any office
or employee whose duties and responsibilities involy
him in anyway with the Irievance at issue, sit as a
member of the Hearing Panel for that particular he..ring.
5• THE HF I ;S
a. The Raltlts shall be antill&d to a Fair haarfna before
` the Hearing Panel and may be represented by counsel or
L8�1{ anoU,.. person chosen as a representative.
b. The baarino shall ha yriva
�SY
c. if the di °Gyts 1S QY= jhe amp ilf rent or other
charges which the Owner claims is due, the complainant •
shall deposit the amount in dispute in an escrow account
pending settlement of the dispute by the Hearing Panel.
If the complainant fails to do so, it shall be
determined that the complainant has waived his right to
the Hearing.
d• IF9 tsm81ai"en '&'2.1 t4 A922AS At 3 Rearms, the Panel
may postpone the Hearing for five working days, or may
make a determination that the complainant has waived his
right to the Hearing.
e' Atot rprh& h fing case. The h burden lz Pr- 0.4ftiss on the .• omplainant
and arguments in support of his complaint. ei The iOwner
may confront and cross- examine all witnesses on whose
testimony or information the complaint relies. Hearings
conducted by the Hearing Panel shall be informal, and
any oral or documentary evidence, shall be limited
however to the facts and issues raised by the complaint
and answer, must be received by the Hearing Panel with
regard to whether that evidence would be admisaable
under rules of evidence employed in judicial proceedings.
DXCI51oY8 DE THE BZAR G PAM
A- 'e Aeri =inn D1 the wn� Pgn-1 shall be based solely •
and exclusively upon facts presented at the hearing. To
the extent that the decision is not inconsistent with
State 14w, and to the extent provided in Subsection c.
below, the decision of the Hearing Panel shall be
binding cn the Owner and Complainant.
b The ling an .1 shall nreoa•n 1SS written e
including a statement of findings and eonelusi omens Iles
well as the reasons or basis therefor, upon all material
Is raised by the parties. This shall be done within
a reasonable time after the date of the hearing. Copies
thereof shall be mailed or delivered to the parties
and /or their representatives.
c. " the iie:lsinn is Sn frier of the snmDlIIinAnt, the
Owner shall within a reasonable time take all actions
necassary to carry out such decision or refrain from any
action prohibited by such decision unless the Owner's
counsel determines and notiftes the complainant in
writing within 30 days that the Hearing Panel has acted
arbitrarily or exceeded its authority. In such event,
the Hearing Panel's dlcisien may be judicially reviewed.
- - Z VACATE PEEC1 1.5 •
a• 11 the Tenan has r^Q Uea rd a h_ n
sr�ina on the proposed
/s3
• eviction and the Hearing Panel by its decision upholds
the Owner's or project management's proposal to evict,
an action to regain possession may not be commenced
until after the Tenant's right to use and /or occupy the
premises has been terminated by lawful notice, such
notice to vacate may not be given prior to the date on
which the Hearing Panel's decision upholding the
proposed eviction is delivered or mailed to the Tenant.
b. must such or id n Vacate is 212211 = 11M Tenen , he
must be informed in writing that:
(1) If he fails to quit the premises within three days,
appropriate legal action (dependent on state law)
will be brought against him:
(2) If suit is brought against him, he may be required
to pay Court cost_ and attorney fees incurred.
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® ORDINANCE N0.01- 18 -OICO
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND,CALMARK DEVELOPMENT CORPORATION
The City Council of the City of Rancho Cucamonga, Califoruia, does
ordain as follows.
SECTION 1. The City Courr.,l finds and determines as follows:
A. Government Code Section 65864 through 65869.5 authorizes the City
to enter into binding Development Agreements with persons having legal or
equitable interests in real property for the development of such property.
B. Three copies of the proposed Development Agreement between the
City and Calmark Development Corporation are on file in the office of the City
Clerk, and the same are public records of the Ci ty
C The proposed Development Agreement pertain to real property
situated in the City and described as follows:
Parcel No. 2 of Parcel Map No 5792, in the City of
S Rancho Cucamonga, County of San Bernardino, State of
California, as per Book 59. Pages 74 and 75 of Parcel
Maps, in the office of the County Recorder of said
C,�unty
0. The City Council has held a public hearing on the proposed
Development Agreement and notice of that public hearing has been given for the
Limp and in the manner prescribed by Government Code Section 65867
E The provisions of the proposed Development Agreement are
consistent with the General Plan, and there is no specific plan effecting the
property subject to the proposed Development Agreement
SECTION 2: The proposed Development Agreement between the City and
Calmark Deve opment Corporation, referred to in Section 1 above, is hereby
approved. On the effective date of this Ordinance the Mayor shall sign as
many copies of said Development Agreemnt as are necessary for the use of the
Parties, the City Clerk sha I attest to the same and shall deliver one fully
signed copy to Calmark Development Corporation.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause Lie same to be published within fifteen (15) days after its
passage at least once in The Dail Re art, a newspaper of general circulation
published in the City of near o, a ornia, and circulated in the City of
Rancho Cucamonga, California
/S�
Ordinance No.
Page 2
PASSED, APPROVED, and ADOPTED this _day of
198.
AYES:
NOES:
ABSENT:
n e s, Nayor
ATTEST:
auren .y, uasserman, ty _ er
kep
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CITY OF RANCHO CUCADICNGA
STAFF REPORT
DATE: January 18, 1984
TO: Mayor and Members of the City Council
FROM: Rick Gomez, City Planner
6� ''in Win
iz
u
1977 1
BY: Gary W. Richards, Code Enforcement Officer
SUBJECT APPEAL OF USE DETERMINATIOII 83 -03 - ALTA LOPIA FEED STORE -
request to eterm ne a ee store ac ty at n 81
Etiwann,, Avenue is appropriate for the VL District of
Etiwsnda.
BACKGROUND On November 9, 1983, the Planning Commission considered a
UN determination for Alta Loma Feed Store. As prescribed in the
Development Cade, the Planning Commission may determine if a use, if not
specifically listed, is similar in nature and scope to those permitted
a- cond:tSonally permitted within any Development District The
Plan,olry Commission determined that a feed store facility was not
similar in nature to those uses currently permitted under the Etiwanda
Specific Plan for the YL District on either an Interim or permanent
basis The Planning Commission denied the request and further extended
to the applicant 120 days in which to relocate the business to an
appropriate commercial zcne.
RECOMMENDATION: The Planning Commission recommends denial of Use
eterm nation 3 -03, Alta Loma Feed Store, located at 662! Etiwanda,
based upon their findings that this use is dissimilar with those
permitted and interim uses in the VL District of the Etiwanda Specific
Plan
I Res ect 1�iS Itted, — —
i
1ck Gomez
Cit Planner
' RG:GR:jr
Attachments
i
G. ZONING ORDINANCE DETERMINATION 63 -03 - ALTA LOMA PEED STORE -A request
•
to determine If a feed store facility is appropriate for the VL District
of Etiwanda.
Rick Gomez, City Planner, reviewed the staff repot. and narrated the slides
wnich were shown of the property In question.
Chairman Stout opened the meeting to receive comments
The applicant Was not present.
Mr. Jim Banks, Etiwanda resident, mated some people aro concerned with a
retail store on Etiwanda Avenue and his concern is with the tool that the
Planning Comnisslon is using He indicated that the interpretation of the
Etiwanda Specific Plan language is being usod to authorize the store although
it does not appear in the definition; the people who drafted the Etiwanda
Specific Plan did not intend SL to be there. He InJicated that rllowing a
retail store here is stretching the definition and that there will be trucks
parked in front of the store and it seemed to him that if they want a store
there, there cost be same other Way of achieving lt.
Mr. Banks reiterated that if the Planning Commission can interpret the
language of the Specific Plan to include a retail store use, it can interpret
anything in any other zone. Furthcr, that if it is done by this method, the
matter does not have to be postal or called. He Indicated m,ether you Want a
store or not, It should not be done by interpreting the language because that
will open the door to a lot of other problems
Mr. Stout sta•ue that it appears the applicant is not present a„d since this
is not a public hearing Stem and the applicant is asking for guidance, it
Would serve no use NI purpose to continue this.
The consensus of the Commission was not to continue this item.
Mr Stoat stated that he felt this request is starting to stretch what Ss the
interpretation of a similar use of commercial on a street like Etiwanda Avenue
especially since St Ss a key street In the -.'Wanda area. He further stated
that he is tocewhat perturbed that this ust ,Just seemed to spring up without
anyone knowing aoait it with toe appearance that the appli�tnt is now asking
to ratify that decision. Chairman . ".tout stated that if he Wants soma kind of
change to commercial designation he should go througn the public hearing
process as this change is not a similar use
Edward Hopson, t33ist3nt City Attorney, stated that with all due respect,
Section 203, pages 5 -7, Which is a part of the Commissions package says that
retail sale of products raised on the property Is a permitted use and what
someone is saying is there is not a Whole lot of difference between retail
sale of products and this use
Commissioner Barker stated although he Is able to see how something lika this
could happen, ti is uncomfortable with the manipulative interpretation because
tha language is fairly clear and the Commission would be establishing a
percedsnt in allowing this use in a residential area.
Planning COrOiesicn Minutes -11- November 9, 1963
Cacaies Loner Retpel stated that ++hen he was working on the Et ithe a Specific
brought uD the face that the area south
0 of farmer's market and he felt that it of the schoolnwouldtbe ideals for woe°CYP
of is whore this type of use should �, tithe ��Saaiont bringing na whole at that
Victoria This vas the intent,
rime and what the residents were saying were
Commissioner Juarez felt it would open the door to everyone if this
allowed. of there.
Commissioner Nc Niel a3kod ho without w the feed et g
W. Ya L•in explained that it was done wthout benefit of staff input and
cor.3ideration and appeared one day
Commi3s loner Barker stated It would only be reasonable Co alloy the applicant
sufficient time to relocate ca his business. nforcement situations 90 -120 days is
yr, Yairin stated that normal Y
t<llowed for ^,location. osed to having an agrarian
chU g the
Cummis stoner MNiel stated that he would not be °D Banks.
store in general area Decease no Celt SL 13 needed but asked if
Cormi3slon .s talking about the procedure raised by permitted in the equestrian
fpmmlasloner Reel stated that such a use is nOt
overlay area VL
W fAOez stated see determination Ss for 0 feed store in a
chat thta all
District and team Diner ecaaerce site
be D°tentlal .ices fcr this type s In Lhe Et ivanda Specific Plan could
la conformance with some of NIe temporary
�alrman Stout
stated that in order t0 aaoN thU use Che Comm. ^sSe oral
nave to TaKe a flndin3 that this U that It
ag ncu ltura, aces He Lhd.ca er dt Craft Gheo 0omm1Aaionf U unar Cou31 In is that
It U not s1j..ar and It aDPs
U not a 34atlar use
!a Gomez sued if them 13 n specified time U N ice this use should e
abated. licant to move
Commissioner Bark" stated ne would allow t20 days for cne ADD
into a commercial zone.
the applicant be given 120 days
The consensus of the C, =.Aston was that
during which to relccata.
y, DRAINAGE CONSIDERATIONS :N PROJECT APPROVALS
.,,ryrized the staff report he had provided to t:s
yr, Roudea•t briefly the condition s for approval °f the Vista del
the among be Kept off existing streets and not
Commission stating the PepDOrNOOd pM • "•t which va3
Verde subdivision was that drainage However, .i ld leg, vas
directed towards to 3tNOOd Avenue.
approved D Vista del Verde and now toady to begin
.12- tbve,ber 9, 1983
Planning Commission 11lnute3 /59
c
CITY OF fUNCHO CUCAh10NGA
STAFF REPORT
DATE November 9, 1983 '''l
TO: Chairman and Members of the Planning Commission
FROM: Rick Gaaez, City Planner
BY: Gary N Richards, Code Enforcement Officer
SUBJECT: ZONING ORDINANCE DETERMINATION 83 -03 - ALTA LOHA FEED
request to eterm ne it a reed store tacIlIty is
appropriate for the VL District of Etiwanda
ABSTRACT: The Development Code allows the Planning Commission to
eta ermine if a use, if not specifically listed, is similar in nature and
scope to those permitted or conditionally permitted within a Development
District. Attached is a letter from James S. Crowell, President of Alta
Loma Feed Store, requesting direction from the Planning Commission
regarding the continuance of a feed store facility recently opened in
the VL District of Etiwanda.
BACKGROUND_ The business in question was recently relocated from the
west s e of Amethyst Avenue to 6681 Etiwanda Avenue. The subject site
is part of a ten acre parcel, located on the east side of Etiwanda
Avenue, north of Victoria. The site is directly east rid across the
street from the fire station The easterly five acres of the site are
vacant land and not used at the present time. The westerly five acres
along Etiwanda Avenue are mostly orange groves with the exception of a
nursery in the rear portion of the lot The site contains one 20 % 30
block structure with a fenced storage area on the east side of the
structure. The bulding is currently used by Alta Loma Feed as a retail
sales outlet and storage facility for their feed and grain products.
The surrounding properties are basically undeveloped with the exception
of the fire station across the street and two residential dwelling units
located an adjacent large parcels. This new location lies within Ure VL
(Very Low Residential - 1 to 2 du's /ac) District of Etiwanda.
ANALYSIS: According to the Etiwanda Specific Plan, agricultural uses
such as raising, grazing, breeding, boarding or training of large and /or
small animals is either permitted or conditionally permitted on lots of
2.5 acres or more prior to residential development. See attached
section of the Etiwanda Specific Plan for permitted agricultural uses
within the residential zone. gone of these agricultural uses would
require the storage of hay, feed and grain
ITEM G
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PLANNING COMMISSIV STAFF REPORT C
Zoning Ordinance termination 83 -03
November 9, 1983
Page 2
According to the letter received from Mr. Crowell, only items related to
domestic animal needs and that of local farmers would be sold from this
location. The use would be considered retail sales of feed and grain
products, but only on a small scale. The use would not be permitted to
expand beyond its present state, therefore, the agricultural character
of the area would not be altered due to this use.
RECOMMENDATION: It Is recommended that the Planning Commission consider
ttWTs reauest and make a use determination as to whether the proposed use
is similar in nature to be allowed or considered to be permitted within
the VL 0istrict of Etiwanda with a Conditional Use Permit, consistent
with the intent of Cite Etiwanda Specific Plan and General Plan
R pee full bmitted,
Ic ,Go
City Planner
RG:GNR:,1r
• Attachments: Letter From Applicant
Excerpt from Etiwanda Specific Plan
Vicinity Map
/L /
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October 19, 1987
TO 'HE ATTENTION OF: Nike Vern, Members of the Planning Commission,
Councilmen, and Mayor of Rancho Cucamonga
The Purpose of establishing a feed score in the Etlwanda area is to fulfill
the needs of the local agricultural arra. WO propose to sell only Stems related
cc donescic animal needs and that of local famOrs We feel that this is a
much reeded arec in which to expand
This Sa a new direction for our store, as we have discontinued many sundry
Stead such as western wear, boots, haze, belts, etc and other related items
Chat ware sold In our store on Amethyst Avenue,
We realize that this area will be developed within the next few years ane
With that in mind we will be looking for a new location.
At the present stage of development In the Eciwanda area, we feel our score
Is a tremendous asset for this agricultural region
Your kind attention to this matter is greatly appreciated
Sincerely,
z �,tI w- S-
Ames S Crowell, President
Alta Coma Feed Score, Inc
0
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.209 Agricultural Uses:
Prior to develo ?ment, the following agricultural uses
are either permitted or conditionally permitted on lots
of 2.5 acres or more:
Za) Permitted Uses:
Farms for orchards, trees, field crops, truck gardening,
flowering gardening, and other similar enterprises
carried on In the general field of agriculture.
Raising, grazing, breeding, boarding or training of large
or small animals: except concentrated lot feeding and
commercial poultry and rabbit raising enterprises,
subject to the foUowlnys
Cats and dogs: limited to the keeping of not to exceed
four (4l cats and /or four (4) dogs, over four (4) months
of age.
Small livestock: with the number of goats, sheep, and
similar animals limited to twelve (112) per acre of total
ground area, with no more than one (1) male goat.
Cattle and horses: Including calves and colts over six
(6) months of age, with a maximum number of four (4)
animals per acre of total ground area.
flogs: (nongarbage fed) with a maximum number of two
(2) per acre of total ground area. The total number of
such anlmaLs on any parcel or premises not to exceed
five (5) over six (6) months of age.
Combinations of the above animals, provided ta.i to•.al
density on any given parcel shall not exceed that )wrein
specified.
In no event shall these be any limit to the permissible
number of sheep which ,na -, be grazed per acre, where
such grazing operation is conducted on fields for the
purpose of cleaning up unharvested crops, stubble,
volunteer or wild growth, and further, where such
grazing operation is not conducted for more than (4)
weeks in any six (6) month period.
Aviary: ll.nited to fifty (50) birds per acre.
5-6
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Apiary: provided that all hives or boxes housing bees
shall be placed at least four hundred (400) feet from any
street, road or highway, any public school, park,
property boundary or from any dwelling or place of
human habitation other than that occupied by the owner
or caretaker of the apiary. Additionally, a water source
shall be provided on-site.
Retail sale o: products raised on property excluding
retail nursery and sale of animals for commercial
purposes.
(b) Conditional Use Permit required:
Worm farms.
Frog farms.
The raising of chinchilla, nutria, hamsters, guinea pigs,
cavy, rats and similar small animals.
Dog kennels, dog training schools, small animal shelters
and dog breeding establishments with outside runs.
Wholesale GBtributor and processor of nursery - plant
stock. Retail nursery where incidental and contiguous
to propagation of nursery stock and /or wholesale in
distributor. Outdoor storage and display are prohibited
except for nursery -plant stock.
204 Setback, height and design guidelines for proposed
residential development adjacent to schools, churches,
and other sensitive uses:
Now development shall recognize and respect existing
conditions and uses, and shall oe designed with
sensitivity to minimize Its Impact on such existing
uses. Design considerations shall include building
orientation and its relationship to establlahed uses,
adequate buffering, height llmitatlons to prevent
sightline Intrusion, structural setbacks, location of trash
enclosures, and other design solutions as may be
necessary to assure compatibility of existing t io
a! Tam
uses. However, adjacent o the existing . Y 1 Temple,
the setback shall be no less than 33'.
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LAND USE
5'1
DISTRICTS
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Made and entered into this �_ day of D��r'
1Y1S Ate'• 4CM COCA`M. cgmw m a ipnicipal
becw2en the CITY OF R%ti a
1983. by � 'City'• and RC IP.9 �'�•
hereinafter referrei to as ' 'peveioper ".
corporation.teinafter referred to as
Califsrnia general partnership,
pro,,des as follows:
RED
k DeveloP°-r desired to c cVlete
the it4SOVec+sho requ -'red
for the subdivision of certain real propene/ in the City show" ext
condicionallY aPProved Tentative Tract t^ap No I of
yryt'4r11S one of the conditions o "` aPPSOVSl of Tentative Tract
Map �O 11934 is that ad' of n sneer protection
t iem
facilities be providede
the Cores of Engineers and the Federal FlrerganCY pfar+age
F'd'rRf,'S'
flood protection requires the
cent Agency has detertdned that said adequate
® + ani construction of a training levee co pr reek protection
acquisition
levee of the Day Creek SPrea•iinB Groends
from a possible outbreak of the east a the Flood Plain Zone
and to reriove Tentative Tract No 1 is from
r tha train ca, levee is req� -�' north of Highl�d proceccien
M' +'�• for the safety
� the unincorporated area. but is nzcessary
area WIC the City of Rant og�a ri &ht'OL -uay for the train-
of
City is crtllinB 'and "B' . ac the oresant
described in Fxhibit ' -q�
all costs cf acquiring said rift- Of -w1'
�g levee across the property
tom, only if Developer agrees to pay
WW .ham• City and Develope" z9I as follows:
l) Developer shall use its best efforts to acqu =e• by appropriate
deans, an easc for construction and mazntan
� on an °e of the training levee
across the pmPem' described in Exhibit "A" and '$" attached hereto.
/�o 6
MAM
(2) If Developer is unaole to acquire easomenc after using its
best efforts, City shall use its best efforts to ocquire by appropriate
proceedings, including eadnent domain proceedings if necessary, said
easement
(3) Developer may utilize said easement, when acquired for &,a
construction of a training levee, in order to satisfy the flood procecticq
conditions of Tentative Tracc No 11934 The 1OCdtion, design and consta-
.y
tion of said training levee wttl..n said easavanc stall conform to all City
and appropriate governanntal ezencies' requirements therefor
(4) All costs of acquiring the aforesaid easeranc shall be borne
by the Developer. Said costs shall include, b -: small nor be li ited to,
Just compensation for the property acquired including severance damages,
if any, litigation expenses and damages upon dismissal or defeat of right
to take, appraisals, acquisition agent expenses, legal fees, and court costs.
Any settlement which exceeds 115% of the appraised value shall be approved
by the Developer
(5) limediacely upon the execution of this Areemmt, Developer
shall hake a payment on account to the City in the sumo of $3,000.00 This
ssm, and any ocher deposit with the City, may be used for any purpose con -
templated by this Agreement
(6) Prior to the filing of a complain- in eminent domain for the
purpose of acquiring the easement herein described, Developer shall deposit
with the City the probable amount of caupeisatien, based on an appraisal, that
will be awarded in the proceeding, together with an additional sum equal to
15% of the probable amount of corpensation. Said avu--u, and additions thereto
while in the control of the City, will be kept in an interest bearing accou_.t
(7) In the e••enc additional conies are necessa -rl• in order to cc plea
the acquisition contemplated by this Agreement, Developer shall deposit the
-ame with the City within fifteen (15) day- after demand is made therefor
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(7) (cant )
Without in any w;ty limiting the foregoing, within fifteen (15) days
after entry of judpent, or other order, in any mdnent domairrproceeding,
Developer shall deposit with the City an mount of money sufficient to
enable the City to make said paymyst
(8) Subsequent to the conclusion of all proceedings conterplated
by this Agreement, City shall return any :mused portion of DeveloFcr's
deposits including interest thereon to G- oeloper
(9) This Agreement shall be binding mid shall inure to the benefit
of successors and assigns of the parties hereto.
(10) Time is of the essence of this Agrear -rc
(11) This Agrement coy be modified or amended only by an instru-
ment in writing executed by borh. parties
(12) In the event either party is required to ca m,ence legal action
to secure perforcance by the other party of any o: the provisions o_° this
Agrencenc, the prevailing party in such litigation shall be en titled to
recover court costs and reasonable attornevs fees
In (.:T\:SS k1EREOF, the parties have executed this Agreement on
the day and year first above written.
unc nrr 211593
RC Lk�M = ?AN "i
a California General Partnership
BY: T)E I.TLLIAM LYON OS?A:Y
as General Partner
r
BY: C. / jAP
�75en or, a resident
�e esi .eni c
CrrY OF RA-% -M CLrA%MGA
BY:
Fay-or
-3-
1(. 9
70 IsVILLL10, I Ll'0Nrr' �7w/
19 CORPORATE PLA..A, P 0 00% 7520. NEWPORT BEACH CA 91660 • 171Al 833-3600
Decarber 12, 1983
w 0 °_31683
uv,�
u.:. Robert E Dougherty
Attorney at Law for the
City of Rancho Cucarot>,ga
1131 West Sixth Street
Suite 300
Or. Brio. CA 91762
RE: Training Levee for Protection of
_race.. 11934, 12944, 12045 mid 12046
Ocar Mx Oo,*:erry:
Attached are three fully executed copies of the Agreement regarding the
Training :. -vee Also attached is a check in the amatt of 53,000 00
payable to the City of Rancho Cuca nnga We would appreciate is if you •
would proceed with the condo ation as e_xpedicioLsiv as possible as m
will be looking to deliver hares which will need to be protected by
this facility in `arch of 1984
'f you have any ;vesticns or if there ; anything ore can do to help
with the process, please let us know
Sincerely.
Tr=' W! LYON 0121ANY
-'Ricbard S Robinson
Vice Presidentfrreastwer
Atrachnents
RSR /jj
cc: N-, Llcvd 0 Hubbs
1 Gary Nechling
P S. After aiWdture, pl ase return one fully executed copy of cha
Agresnenc
REAL ESTATE 'DEVELOPMENT
• - /G9
M
3565
/�,
R C L.+�n l OJ�I.1�1
a.M [s.J. „�.,. w,r oa.
l9 CORPORATE P"21
u.B99 9uno
UNION BANK
Mp y ... v. a.M Ca,M,
^,.
'
:rLbTOnT UdLI1. CA 99800 ^ /q f�
0;,jM 4/M 4'.
� = �'
PAY
EXACTLY
.,
}MOUNT
GaT[
r
Doc 15, 1983
$7,000.00
CITY OF v„A -ECHO CUCA.90FCA
ono In
or
1
1:1 2 2000 7 7 13: 45053
35['
i
x'003565•'
I
- ••• O[T.c. ih0 .[Tiih Tw�f \T�iCM[NT
N C :JMO COM.AMY • p ii ..... wi"u p -i ^Jr•.• iJ i -a • i„ "•o
.,
M E M O R A N D U M 0
TO: Lauren M. Wasserman, City Manager; and
Lloyd E. Hubbs, City Engineer
FROM: Robert E Duugherty; City Attorney
DATE: December 21, 1983
RE: Trainin Levee for Protect -on of Tract
Enclosed please find quadruplicate originals of a proposed
Agreement between the Cit! of Rancho Cucamonga, California, and the
RC Land Company relative to the condemnation of propertv for the
purpose of constructing a training levee to provide protection from
the east levee of the Day Creek Spreading
a possible outbreak of
Grounds and to remove Tentative Tract No 11934 from the Flood Plain
Zone
Also enclosed is RC Land Ccmpany's check in the sun of
$3,000 00, which check is issued pursuant to paragraph 5 of the
Agreerent.
The Agreement should be presented to the City Council for
approval and execution and thereafter a fully signed copy of the
Agreement should be returned tc The t4illian Lyon Company Also,
please provide me with a photocopy of a signed original for my file.
Once the City Council approves the Agreement, then the first
step is to , tain ap raisals of the parcels which the City seeks
to acquire Since the time we last cear „enced an eminent domain
action, there has been a rhanage in State law effecting tho proce-
dure_ which we must follow. Government Code 57267.2 now requires
that "Prior to adoptinc a Resolution of Necessity
and ini-
-1-
tiating negotiations for the acquisition of real property, the
public entity shall establish an amount which it believes to be
just cor+pensation therefor, and shall make an offer to the owner
or owners of record to dcquire the property for the full amount so
established. . . . ii, no event shall such amount be less than the
public entity's approved appraisal of the fair market value of the
property .
Once the City Council approves the Agreement I will contact
Difilippo s Company, Real Estate Appraisers, and I will ask them
to perform the required appraisals assuming that their schedule
will permit them to do so promptly You may recall that Difilippo
s Company performed appraisals for the City in connection with
Assessment District 82 -1, However, if Difilippo s Company .:annot
•perform appraisals pr•om_tly, I will shop around in an effort to
locate a competent appraiser wrno can
In the meantime, Lloyd, please check the latest equalized
county assessment roll and provide me with tFe name and address of
each owner of record or the subject parcels.
0
RED:a 7o
Enclosures
cc: Mr. Richard S Robinson, Vice President /Treasurer
The William Lyon Company
-2-
ti
f
•
DI
CITY OF [RANCHO CUCAMONGA
STAFF REPORT
DATE: January 18, 1984
TO: City Council and City Manager
FROM: Lloyd B Mubbs, City Engineer
SUBJECT: Alta Loma Channel Assessment District 82 -2
H
1977
Attched then fl all sformation stages procedure for giving i Alta Loma actions require d to
Asse sment Districti.
These resolutions and actions basically authorize the following:
1. Preliminary approval of ttr. Engineer's Report delineating the method of
assessment spread and preli•iinary assessments.
2 Appr• es the Plan, Specifications and Estimates and authorizes bidding of
the construction contract
3. Authorization for sale of bonds
4 Approval of agreement with the Flood Control District relating to bidding,
administration of the construction contract and maintenance of the
completed facilities.
5 Setting the hearing date of Mirth 7, 1984,
SUMwARY OF DISTRICT PROGRAM
The OiStrict is designed to assess all de, ^lopable properties within the
drainage boundary to construct upper portio of the Alta Loma Channel and
tributary storm drains In addition, the prooect will construct debris basins
and expand the existing flood control detention basins Total estimated
construction cost is S3,300.000. Incidental and financing cost increases the
District cost to 54,650.000
The acreage of assrss•nert is approximately 610 <.res The acreage charge at
this time is approximately $1,600 00 per acre
A key element of the assessment spread is the determination of adjustments for
partial development. In cases of partial development, the following rules
were applied to develop the acreage to assessment
1 73
CITY LOUNCIL STAFF REPORT
Alta Loma Channel Fssessment District 82 -2
January 18, 1984
Page 2
is
Adjust-7ent for Partial levelotmeot In seven of the benefited parcels, it
sbTd a not t at tie !n is partially developed Ir conforming use. Since
these properties ,ire cipable of subsequent subdivision, they would be subject
to the dralrage fee. All est'Mate has been made of the degree of development
accomplished in eath of the seven lots. An adjustment factor to the
partially developed 'acreages was ahOxlplished by using the lesser of the two
f011iwtng evaluatlansi
A The necessary and required for the use of the aeveloped portion of
the lots was considcred in COMPutirg a factor o ca'culate the remaining
undeveloped land available As an ^xample, a five (5) acre parcel containing
one acre of land to preserve the current conrorming use Indicated a 800
factor, which when multiplled against the gross acreage, would show a four (4)
acres remaining undeveloped portion of the prrierty
0. As an alternative, a comparison of the land AV and Improvement AV was
made on each parcel that was P4rtiaily developed to conforming iso. Using a
factor of land AV versus improvement AV as Will equal to ':onstitute
development, calculation of the remaining land for development of each
Partially developed parcel.
Under these rules some '40 and three acre parcels were excluded,
STATUS OF DISTRICT
Several workshops have been held with property On(.ers and a number Of
potential protests have been identified
At this time, It would appear that
over 60: of the assessed area involves tracts who have petitioned for
and
support the District as a means to facllltate dpvelOPment. It Is likely that
nearly 20%
of the Ownership represents potential pretest These protests can
be broken Into two distinct categories First,
small 5 to 10 acre partially
developed long time ownerships who have no immodiate plans for development and
would face
diff lculty in meeting assessment payments Second, are poultry
ranches which are currently in active
use and do not have plans to relocate In
the forseeable future. The ranches would, however, likely develop
residential at sometime in the future. as
All or these lands are developable and would be exposed to future fee
obllgatitns and tall In the
Cateogry of benefiting properties. It would not
be possible under the philosophy of the District
to exclude these lands from
assessment. The only method Of alleviating the impact on
most of these
predertles is to develop an agreement wits owners under which the City would
carry assessments for
the owner to some fixed time. At such time, all charges
would have to be reimbursed.
The consultant recommends that this approach
only be applied to partially developed and
non - conforming uses. This appoach
d draft
edisc
bThiseapproachawoulddplace
be available for discussion at the Counc I meeting
the City In the
position of banker for a portion of the project. Total
17 y
CITY COUNCIL STAFF "EPORT
Alta Lava Channel Assassment District 82 -2
January 18, 1984
Page 3
obligation under approach could iac $500,000 e n
$75,000 of thicould beco eredydrangefeescolcctedin the
area but the remainder would have to be drawr, from drainage or systems fee
funds.
It would be staff's recommendation to pursue this approach.
I will be meeting with each of the Council prior to the meeting to discuss the
District in more detail and will forward the draft participation agreement
when it has been completed
COUNTY AGREEMENT
A1sr includea as an item for approval is an agreement with the Flood Contol
District to act as contract administrator for the project. Under this
agreement, the County will advertise and award the construction contract and
Insure the completiun In conformance with District specifications come minor
excernlo0leerost of Chet arks contemplated mt undby thempragram will become Flood
Upon successful formation Of the Dist,ict and
co st uclttonf fundswillebel
he transmitted
• District will award the contract. the oroj
be returned to
the Cityp for disposition t in accordance with withg the lawPletton will
to the for aministration costs will be
executed without fixed eport
approval.
This proach to ntract effort ap that would be involved din esCity adm!niste ed contracty duplication of
Approval of this agreement 15 reccrmended.
RECOMMENDATION
It is recur.-mended that the Counc 1 proceed with the actions outlinr,d in the
Order of Procedure and fix the date for Public Hearing on District formation
for March 7, 1984.
Rasp tfully subinitt
LSH J�a
Attachments
/?1
AGREEMENT
0
THIS AGREEMENT, entered into this day of 1983, by
and between the CITY COUNCIL of -We—CM OF RANCHO— CUCAMONGA, CALIFORNIA,
(hereinafter called •CITY% and the BOARD OF SUPERVISORS OF THE COUNTY OF SAN
BERNARDINO. CALIFORNIA, acting as the Board of Supervisors of the San
Bernardino County Flood Control District (hereafter called 'FL000 CONTROL
DISTRICT').
WHEREAS, at this time CITY 1s considering the initiation of proceedings
pursuant to the provision; of the 'Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of California, for
the construction of certain public improvements, together with appurtenance
and appurtenant work, to serve and benefit an area known as and designated as
ASSESSMENT DISTRICT NO 82 -2
(ALTA LOMA FLOOD CONTROL)
hereinafter refarred to as the 'ASSESSMENT DISTRICT "; and,
WHEREAS, the CITY proposes to act as the lead agency in the implementation of
a project for design and construction of flood control improvements to be
funded by the ASSESSMENT DISTRICT, and,
WHEREAS, certain of the improvements. as hereinafter designated, upon their
construction, will be owned, managed and controlled by the FLOOD CONTROL
DISTRICT, and the remainder will be owned, managed and controlled by the CITY;
and,
WHEREAS, pursuant to the provisions of Section 10110 of the Streets and
Highways Code of the State of California, CITY and FLOOD CONTROL DISTRICT are
desirous of setting forth the terms, conditions and responsibilities of each
relating to the works of improvement as proposed for the above- referenced
ASSESSMENT DISTRICT; and,
WHEREAS, the FLOOD CONTROL DISTRICT will obtain bids award, administer and
provide inspection services for a Contract under which toe improvements will
be constructed.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. CITY SHALL
1.1 Conduct proceedings and levy assessments pursuant to the
provisions of the 'Municipal Improvement Act of 1913 ", being
Division 12 of the Streets and Highways Code of the State of
California, and sell bonds pursuant to the provisions of the
'Improvement Bond Act of 1915' being Division 30 of said Code to
fund the construction of various imp,ovements to flood control
channels and basins in the Alta Loma area
1.2 Arrange and bear all costs for the preparation of plans,
specifications and drawings and will obtain all rights -of -way
necessary for construction of the proposed improvements
/7(,
T
• including the relocation of all utilities and any other existing
facilities which interfere with the Improvements.
1.3 Obtain the written concurrence of the FLOOD CONTROL DISTRICT in
ail plans, specification and drawings.
1.4 Prior to award of a construction contract, deposit funds with
the FLOOD CONTROL DISTRICT sufficient to cover the construction
contract and the estimated cost of all services to be provided
by the FIOOO CONTROL DISTRICT under this agreement.
1 5 Upon completion of construction of the improvements, own,
operate and maintain all improvement constructed under this
agreement except for the facilities set forth as FLOOD CONTROL
DISTRICT responsibility under Section 2.6.
SECTION 2 FLOOD CONTROL DISTRICT SHALL
2 1 Establish appropriate cost accounting and budgetary controls to
provide for an accurate accounting of all project costs.
2 2 Deposit all funds received from the CITY In a separate interest
bearing account.
2 3 Obtain bids and, upon concurrence of the CITY, award a contract
• to the lowest responsible bidder for the construction of the
improvements
2 4 Administer and provide construction engineering and inspection
services for the construction contract
2 5 Obtain City Engineers approval prior to execution of any
Contract Change Orders
2.6 Upon completion of construction of the improvements, Own,
operate and maintain;
A. Alta Loma Basins /1. 2 and 3
B. Alta Loma Storm D ^aln south of Alta Loma Basin t3
2.7 Within 90 days after the acceptance of the improvement from the
contractor, provide to the CITY a preliminary accounting of the
costs and return to CITY the remaining funds including Interest
held by the FLOOD CONTROL DISTRICT after payment of all costs,
provided, however, that the FLOOD CONTROL DISTRICT may retain
funds it deems necessary to cover costs of any unresolved
matters until such matters are concluded
SECTION 3. IT IS MUTUALLY AGREED THAT
3.1 FLOOD CONTROL DISTRICT may withdraw as necessary from the funds
deposited by the CITY as needed to pay for all costs of the
Improvements including costs incurred prior to the execution of
this agreement.
3.2
The costs of the improvements shad include, but shall not be
limited to, the costs of construction, acquisition, engineering,
administration, inspection and other services including a 13
percent general administrative overhead charge on all FLOOD
CONTROL DISTRICT labor charges, except however, in no case shall
total DISTRICT charges for construction contract administration,
inspection, surveys and testing exceed the total amount shown in
the final Engineers report without prior written approval from
the CITY In the event that the improvement account becomes
depleted, the city shall remain responsible to the District for
all expenses of the work of improvement
3.3
No construction contract shall be awarded by FLOOD CONTROL
DISTRICT until proper notification has been received from CITY
to proceed, and that there has been a successful formation of
the Assessment District to allow the funding of the
improvements.
3.4
Tnis Agreement shalt become effective upon the formation of the
Assessment District.
3.5
CITY and FLOOD CONTROL DISTRICT will enter into a separate
maintenance agreement to specifically set forth the
responsibilities of each agency as to the operation and
maintenance of the Improvements.
3.6
Neither party to this Agreement nor officers nor, employees
•
thereof shall be responsible for any damage or liability
occurring by re•ison of anything done or omitted to be done by
the other party to the Agreement under or in connection with any
work, authority or jurisdiction not delegated to the parties
under this Agreement It Is also agreed that, pursuant to
Government Code Section 895 4, each party shall fully indemnify
and hold the other party harmless from any liability imposed for
Injury (as defined by Government Code Section 810 8) occurring
by reason of anything done or emitted to be done under or In
connection with any work authority of jurisdiction under this
Agreement
CITY OF RANCHO CUCAMONGA
By.
KAYOR
ATTEST:
CITY C--ERK
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:
LMAMMAK Ur IHt MAKU Ur WFtKVLbUKb
OF THE COUNTY OF SAM BERNADINO ACTING
AS THE BOARD OF SUPERVISORS OF THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT
_ t�8
Ll
ORDER OF PROCEDURE
CITY OF RANCND CUCANOAGA
ASSESS,CNT DISTRICT NO 82.2
(ALTA LOMA FLOOD CONTROL OIANNEL)
OVE OF PfETIAG•
UANAAY Is. IaBa
STAFF:
General oreuntatlun of baundarles of Allessnent District
CITY COUNCIL
boot RMUTI(LR COVEAM Pa(LININMY OCTERI IRATION: Initiating
Resolution for Assessment District Meteedlnas
STAFF
Presentation of Debt Rfoor[ ayswt to the orp•Islons of the
'SMCial Asses vent I0restlg1tlon, URltstlon AM Majority
Protest kt of MT.
CITY COUNCIL
Adopt RESOLUTION OP40VIMf REPORT AND SETTING PUBLIC NEARING
SSTAFF
Present Engincer'S •Reoort' pursuant to the aaritlons of ' wnl.
cloal Isoro,"ht Act of 1913 consisting of the fallowing
1 Plans
2 Soldficationf
S Cost Estlate:
e Assessment Roll
S Asses scent Dl ..r am:
CITY COUNCII
Adopt RESOLUTION PASS,y, ON REPORT AND GETTi NO PUBLIC NEARING:
Self oub11C hearina an 191) kt- Engineer -t 'Rmart•
CITY COUNCIL
boat OESety ON AU T.y)pt2l Mi SALE OF BONDS This oesolutian
att'orlies the sale of npMs to IlnaMe the 1o;'G er emts.
CITY COUNCIL
B Tltlon. sova.e aM p tharite e,XUtlan of Agre",t between
CfiI and NOMAD OF SUPERY.SORS rebtlmq to Lwne"Alo. etc , of
flood Cantryl tnannel 1- 013,"nt
W, -OSED SC-fl-'LE
JINIIARY Ip, laps
ADnat ALL 'NTaOOUCfORY 410 X41SOICTIORAL RESOLUTIOIS
ON OOCEEDI•CS. AUTwORRE RIDDING ON ROCKS OF IMPROYf•
PENr AND SALE O BONDS
FEBRUARY 22. lags
GTE FOR RECEIPT OF CCASTRUCTION BIDS
PRIOR r0 PUBLIC PEARING MATE FOR RECEIPT OR BOND 8105
PARCH 2, 1484
PUBLIC REOING TO CONSIDER TRDERINO OF IpPAO9EPENTS
OD CONFIRPATION IF ASSESWENT DISTRICT
/79 ...
0
"SOLUTIONS N0.
RESOLUTION OF THE CITY COUNCIL Is ME
CITY OF RANCHO CUCAn0GA, CKIFtnr1A,
COYERIW. RREL:eINIRY OETERS1,111ION An
ORDERING, ME Cw EAARATION OF A REPORT ON
SAID IMRROVENENT
WEREAS, the CITY COUNCIL of the CITY OF RANCND CUCAWnGA, CALIFORNIA, Is C"Y"olatlrq
the construction of certain public Sores of Irare,mot urea, eroceedlnaf conducted
oursWnt to the - Nunlcloal Ieororer^tnt Act of 1411•, bean 01,1110, 12 of 'Ie Streets
and Nllh.arf Cade of the State o' C111form.. In a sxclal 'Isetsmot district .'.. 4,
. ASS(SSCIT DISTRICT 40 42.2
(ALTA LONA FLOOD CONTROL CHANNEL)
(hereinafter referred to as the - Alsessr,e t Distract')
ROW TNEAEFOIE, IT IS PEREIT RESOLVED AS FOLLC'.S:
SECTION I That tot Cove recitals do all true rte correct
SECTION 2 that certain owbllc was a, t -Ordu. want too,tndr With aoourtenancts and
1POwrtenant ,art I,ctud1n0 mo.illtloh where necessary. are VOmied to OR
do., and Oat Wlthln the boundaries of tot Assessment District In connet-
tldn therewith. It Is fauna two Ert""Afted of follows:
A. IDtt the taectflc nature of the woaosed Worts of Imro,enent censlfH
Of Ili the Wort as Shown on toe oromsed boundary "ID. as er"ldwsly
,:proved for this Asseflmnt District
d Mat the Dcunaseles Of the IslesjYrt nistrict and in. lands and old-
Parties WIthl. the Assess -ant District traoosed to Rt assessed to Gy
the costs and "Centel of said 4FCCmed Works of hPrmenent are as
I Sawn uoon a Sao of tot Altessront OIStr ICt Which v0 Nf Dee. Stolid.
lore OCr0Ved and is do file With Pe trahtcriot of these WOcemines
Said Na $LII yvern for 111 details of to the "tent of the a4llff-
rent District
SECTION I that tae statute ulcer Nlfh It If Yaaosed to Wnduct POce"Im, Is the
-Sun' teal I,era,"It act Of 1911' o"no 0111310, 12 of tha Streets and
410W8,4 Cade 0' toe State of California With bends baamW to ON Ilwed
AS autnorlied by the •Larorwnt Fond act of l9lt- blind OIvISICm IC of
laid Code
SECTION A Nat this Oroaoled I -or ,e-Se.t 14 Te,<..td to Pe ASSESSENT EVKEa +4
It here", 0001,Ne to orocure all IKell"Y infcrolt'Oh to V"Ve a
,edam do toe Voll"a I- Orovrmt m tot Nrner AM to, Ororidea for 1.
Division A of the S:retti and "c' -Iyf Code of Pe State of California ins
WSReclal Asses Y-ent Inv"t'lltiOn LI +Itatldn lg naiorlty Protest Act of
1031 -
SECTIO4 S Treat this Resolution T\d Pt Report as ordered nereln are pirw"t to the
orovlslons of Said Ow sw a
SECTION A Not Said Retort oursmmt to 11r1011 A. mall ,,,a Attached to It a body
F PIS Retatuticn 'cc, Its Slow',
SECTION 'Sat toe Wont or I- erove-emt is Oroomtd to be co'strusted Local, these
orOCeemnm, centrally Wrsllt cf Pe followl".
L_ The cc" trust 1,1 of cert lln as lane 1-O,0,ewent s, tdeetmer with mount.
n PWef Ip1ud1 12 but not llntted to PC Instulattah of concrete manna
r actllt lea. b4. culvert IWOvOv"'tt c0l'S Msin c "llittoh 1M farthdah
COns VwC[fOn, Includlna Caurtenant street Mat other, wart reaulred for laid
I- Ora,"ot S. to . SO61al Islelswent 'IStrICt 1nuWo and deslMltb as
ASSESS °ENT rySTRICT W. 012.1 LALTA LOSA FLOOD CONTROL CNNtELI
.. rgo
SECTION A Met tMf C"ne" doe{ hot At tntt tlre. Intend to NVe any contributl
Or mortortatlOR Of fy dt tonard any of the costs AM uoenses of the
Kris of Tmroroe eeent, As txorfded order these oroce Mlrgs, 8,4 all costs
eM ansef relded As {hall oe flnenced thrm,m spclal A"i".
rt" Ier1M edon hlrefited lards AM tlrcoertlet NtMn the thendartet of
th! dlfefsxnt 07 {trio fe the Nn+, AM forty of eaten •aped by Ib.
PASSED, APPROVED I'd ADOP`ED "'S dry of
r eea
IAYES
NOES
ABSENT
ATTEST
ET-.rEcr, —
•
_ �5f
0
C]
RESOLUTION NO.
RESOLurION OF THE CITY COmCIL OF THE
CITY OF RANCHO CUCAM06A. CALIFORNIA.
PASSIAZ ON THE 'DEPORT' OE THE EM,INEER,
GIVING PRELIMINARY APPROVAL MO SMIMG
A TIK uC PLACE FOR PUBLIC HEARING
WEREAS. ine City COUNCIL of the CITY OF PANCHO COCARONGA, CALI'M41A. has I'stltuted
r Prdceedln.•S for the COnst^uctlon of Certain o,blic Hers% Of f,r,o' ent " 4owte•
I mantel mdef WOVISlent V the —010041 I•c o"It Act Of 1913' mind OilISJOH li
of the Streets AM Mlanways Code 01 the State of California, In A toecial asses"Ht
district Shown, am "Atonal" as
ASSESS -KIT DISTRICT NO. P2•i
MLTA LO-4 FLOCO CC41ROL OHMNELI
(hereimfter referred to as the 'Assess.ent District'): AM,
WEREAS, Pert has been ntoa -ed aM filed with Me City Cowell • WryfOrt' orOylded
for In SectI,HS 10205 AM MCA of the Streets aM Niabeys Code of the State of
Callfornb and this "Resort' has been c esented for Ca Sfderatlon: and,
WEREAS, a aesolutlan of Intention /De this irero "Ht Has o erl0usly adaoted by the
City Cowell and tre 'RfOJrt' N row ne%Mled shall stand AS the 'Reoon' for the
Purpose of fubsfouent noceedlnas Htrewcer
NOU. THEREFORE, It IS HERESY RESOLVED AS FOLLOWS:
SECTION I That the AbOre rtclta4 bee all true aM correct
SECTION 2. That the •Revert' of the Enainee' rIftr -M to hfrelnao0re I$ comsldered
AdCOted ols4d uPQH. and :vellwlnarlly uorored, AS follows:
A "It the 04ns aM 12Kif- CIt10n1 for the nOWSed Irn OrrYnt% to of
ace. COnt410e0 In Slid ReOart• be AM they are "red, Orlil4l•
madly motored aM Mosul:
9 IMt Pe Eratneer•s estl -ate of the Itnll j and total costs AM
ea Oen Se% Of Slid Ka+lsltll.. ,nere nKeStary. aM Inlore4ntS. An,
Of the 1MICNt" OOenses In COAH"tlOn therewith, Contained In Said
'Rtoort• be Inc NCH of Men Ire 'Arley orellwlnarity aoorored JM
located
C That in, CI A]raw Sb.l ^O Me as Sess'ent Msnlct referred to AN
described In Sold Oesolutten of 'nteniten and aISO the kwd,riN
And dl -e ^Stns of t•e •N.^eCtlre SnOdlrn Slons of land within Safe
A1141sne n• Ol Strict IS t "e saw, e, Sted at IM tlwe of the DASS,ce
Of SAID aesolutlan Of :ntentllm CKh of Nlth Subdivisions Half bten
01rtn A se]arlte ^V21r .0, ilia Sl a'Iryw. i1 COntalnN in aid
Rf00•t- be A It IS RrfOy nellnMarlly COrcvfd AM Ad0011:
I That the a,ccDSed a•sess'ent umn the several subdiwlsiods ef lard In
Said AsstSs-ent wistrlrt In CrOChrtill to the esti -,t" benefits to
be received by tlCN Swidlresjom% rescecllrfly. frOn Said KaultftioH
I'd I -11c. Mtf erg of Me Incidental e,"e Iv thereCl as can.
telned In $AM 'Marl• be AM Mel are " @rebr net lnl mayfly too.
1 rOrld aM KOOI to
rhJt tht ^a0t lY. eale"Otlons Of t ^e IJMS AV elte-ents t0 be
alulrtd AS COntiln" in Slid "nCrt• "t Ad tet saY are hereby
OrNisinarllr lOnOyed
F Mat Said 'eeacrt' shall Stand As Ma Enafret"S '%Kart' for the
Du'Da Sf of all S'AS001"t na:ellndf NO Oursulr: t0 ta10 RNOIYt10n
Of :nteHtio,
�GZ
0= 1
0
SECTION S Irtli[CE 15 HEREBY OINEN TWAT " NED
THE HC71R OF A 30 O'CLOCK P e., IN
AT THE LION'S PARK C"U41TY CE411
COCAHOAOA. CA. MT AND ALL PERSONS
AT
1 SECTION a That the Cite Clert IS "-toy directed To dive notice of sale Public
Hearino or cauelno to ca tonso'cuouily MStM on all Men streets within
the Assessrenl Olstrt.t not •O'e thin 300 UAL matt an each street so
Posted. but not less than 7 In all Police of the :avaoe of t,e Resalu.
Lion of Intention area of this Resolution, all In ccaraance with INS
oroelslons of sale Division 17
SECTICA S. that the City rlert Is hereav directed to aeve notice of Said Public
HtArIAO And of the aassade of the Resolution of Intention and this Peso.
lutidn by QVslnd mn notice to be POitsned in accordance with section
4066 of the Cwven. -.ont Code to the nascaoer ytvioutly destonited u
the nbloaoer fnr ell PubllOtlens IS required by law and as necessary
far c"tetion of this Asses"ns District
SECri UN P that l e City Clerk Is rereoe directed to Pail notice of said Public
HCarina and the adootion of the Rrioluticn of Intertlan end of the fliim
of the 'Retort' to III vffrscn o.nlns real crooerty Taaoted to Am
atselsed nose n,,es and tlbreifls Ad"Ar on the last equalized rise
-ent roll for City tees vrter :hereto r at snpn to $aid City Clerk,
and to dl of", aerso s as V'lvited In accordance with the wo,islons
of seld Ol rif ten 17
'EC"04 1 That the :Ity Cl vs •t re•ebr further arectH to file a cagy of the
Praagsed cdundary -a0 In Pe Or•Iee of tfe County dacgrdtr within fifteen
1151 days of the Adoollon .'• t•e orox:ed boundary -ao laid boundary moo
to be In tre Vnner ana 'C— as let 9rtn In nnllion 4.5 of the Streets
ann Hlah.ays fare of Ve °-all P' to.lru ^u
PASSED. aaea0N17, and ADG'E] tnn . sf . Icy
AYES:
%DES:
ABSENT
IATTEST
l f L�-K_
/43
0
i
11
RESOLUTION NO.
RFSOLUTICN OF THE CITY COUNCIL OF THE
t ITY OF RANCHO CUCAMONW. CALIFORNIA
A^PROVING A REPORT LMDER THE 'SPECIAL
ASSESSMENT INVESTIGATION, LIMITATION
AND PAJCAII TY PcOtEST ACT OF loll', MO
rIAIW A rA1E OR HEAR; W :- EPCON
WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CIXAJDIAA. CALIFORNIA, has by Rasolu-
tl3n "del :e t• TV3 ^tlon Of a 'Reoort' Meer the >orlslons of the •SPeclal
Auessrent InvestlRatlon, Limitation and Majority Protest Act of 1971', Wine DIYI-
Alon a Of the Streets and Hluh.aYs Code of the State Of California. ralatln. to the
construction of certain Nolte Hurls of Irgfol"N In a facial ASUSSrent district
AnOat and asicnated a:
ASSESSMENT DISTRICT M 82.2
VISTA LOVA FLOOD CONTROL OutNNELI
thereinafter Hferred to at the 'eseaeLRnt Dletrlct -1: sold prkf Of JW,, ent
Generally ascribed as folloWS
The construction Of cert&tn Matnoce PCfo,",ts. tVAther With boYrtMM,,
includlno. out not limited to the Installation of concrete channel facilities, bet
QlMert IWoreNlnts, debris basin atava00n AN earthdct construction, includlno
all adourtMant street M,J Other Hurt reoulred for aid bdrmM2nts, in a %will
assesshe't district MmPn, 414 cesianated as ASSESSMENT DISTRICT NO. 82.2 (ALTA LO'A
FLOOD f"7101. CHMNELI and.
WHEREAS, Such "ICIOrt' has been WeaAred are su"Ittd to this Council
NOW. THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
( SECTION 1 Tat the So,,* reliefs Are true and comet
1 SEC -104 2 That the •Recort' s0 CTaOerd W Oraented be and the ire Is aooroved,
` Ord the fact and ate Of thtI corovaf shall be W eo
orffd trern Me Slue
- Reoert' shall be riled .Ith the tIMS1,1vt Of these c*0ceedlnos
SEC'I01 7 THAT 'HIS CITY COUIC% Puts HEREBY 111 THE 2TN 0EAAY OF -ARCH 19M. AT THE
HOWR OF I In n•CLOCK P M ;N THE CDIXIL CwIvIERS, CITY HALL. AS ME
TIME 410 PLACE WHEN A HreRj1Y CN SAID 'REPORT' SMALL BE HELD TOE CITY
CLICK WALL "IV! tO%CE CA 5110 HEARTY 9Y MAILI% A COPY OF THE NOTICE.
COSrAGE PAEPAIn Tn AL, PERSONS M111% REAL PROPERTY WICM IS PROPOSED TO
BE ASSESSED TO vat 91, Rear M "E C7S- OF YHE WCAK HOSE MMES, 41D
ADDRESSES APPEJR rN '.r ,AS' EOUAC ZED Ai SESS4IT MLL AYAI.ABLE ON THE
DATE THE 'REPCOT- WAS "'NRICED, A' -HE 4CRESS AS SHCSN ON SUCH ROLL.
ALL IN WE w1NEP GVD Co- r AS Aon•p Orn rM 11 SAID DIVISION a Or ME
STREETS AND HIiW.3 +t Cott he 'HE t•A •r ,F CALIFORNIA
PASSED. APPROVEO and ADOP'EO this -ly Of 19"
AYES
NOES
LABSENT
ATTEST
i
IL V L
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•
RESOLUTION NO.
RESOLUTION OF THE CITY CWNCIL OF THE
CITY OR aMCHO CUCAMONU. CALIEm41A.
AUTHORIZING THE SALE OF SPECIAL ASSESS -
f6NT SCROS TO FINANCE IMPRUVE•E0TS IN A
SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL Of the City Of RANCHO CUCIPONGA, CALIFORNIA, his Initiated
Proceedings Pursuant to the tares aN Conditions Of the 'Municipal Ismovc,em Yt Of
1917', being DIYISIOI 10 of the Streets and Hichways Code of the State of CallfarMa,
for the construction of Certain Public worts Of loor0linnt tooether With acourte-
Mnets arM acgulSitinr, mere necessary, In a %mclal issess,ent district said
%DeClal asies~t district krown AN Oectanit" at
ASSESSMENT DISTRICT 40. 42-1
(ALTA LOMA FLOOD CONTROL CHANNEL)
(hereinafter referred t0 as the 'Assetshent District -): am.
WHEREAS. It has Dian further dettelle0d that Serlal DONS shall be issued to finance
the costs aN emeroes of said 1¢rple -nth ark droteedings am said Oohs shall be
ISSUID pursuant to the tens And Provisions 01 the - Iecrch"nt Sand Act of 1915',
Deena Division 10 of the Streets aN MlghwAyS Code of the State of California: ark,
WHEREAS, at this '.line this City Council Is Desirous of at Nrltj,d the sale of b"Ct
to finance the works Of ty:10, Mt as orocoSed for this ASsearant District
NOW, THEREFORE. IT IS HERESY RESOLVED AS FOLLOWS
SECTION I Nit the Above recitals are all true and correct
SC ^Oh 1 Nit the FNANCIAL C6NSULrA4T 1S pertly autnorited t0 solicit t proposal
Of VCO0f IIS for the SAID If DONS for the ASSeSsYnt District `1,e
1 interett rate On said ec ^as Shan not weed the current legal Pair a,
111 rate of twelve percent III,) per annul Salo bands snail be Issued
Pursul -t to the tent IN conditions Is Set forth In fme Resolution Of
Intent:" as Cnvloully "Doted for these VOCeedi Ng
SECTION 1. That this Oasalutlon is mooted Our% ant to the emS10,S Of Section
1`1602 of the Streets a ^d Mt nays COCe or the State of California. am It
Is Iurtner dVKttd Slat all reld—n Na -IOnt r*little to the ale of
PONS De Crelented to '."IS body nO later than the tine set For the Pub IIC
MAlrIN on the -gedOft SN 1111te0 -allies aOr this Atsesflnt District
SECTION A TNIt these .111 be OfO,Ided. at N e,pr•e to the bidder the abproviN
Ild'i 0011101 of r - ACNENj,E Ve.N attorney a' Ll•, ettestlno to tha
validity or In VOCee:INt aM t$ e-f0r tao,lity of the DOMS
SECTION S. That durtllnt to the :TOv Is IOns 01 Sea n- 10600 S, It It Hereby dlter-
elned that the bond, "'I case intefttt Hen tNtlr data, ark ins date of
the DONS than Of A» IL " loos the list ay After recordation Of
the 111115 ant let' end dladra +, vi Hr It later
SECTION 6 Nit the 'NFGR•ATION F54 91niCaS relatma to tee Site Of Istearent bonds
for the AtlesLYnt District Is eereby L- CrOVed. 'N For Turtle, ""c,,.
tart nfererte IS -Ada to old VOA :01 FIR PIDOERS Package OR rile
with tee Iranscelot Of tnese p,aceNnct The financial Consultant Is
n
Berer NtnOrlted t0 NYe 'rI.,r Mallic,tl "s AM re".tS RO the
INFONYATION FOR SI00C9S ¢'Race in or- -f to Provide the best available
InlpTation 0 to the Data ale tin 'ar the tale
SECTION r that In the event 01 any dellnOwtRC1 In Ae 04sn"t Of Any Installrent Of
An Iae"Nnt It 11 "Fehv COafninttd with the holder 01 the OOHS that
this fits r0unC11 will Cause to to co'nnced aN thereafter diligently
OFosetuted udl<al fOnCIOSun MOteealNS uron All dellnduent u10810
/ 4�5'
asfesmnts u00n the IP"Ific it's, tiros aM CONltfOni 4
the Uleolnq epcments
set form In
•ereby ordered Nat an
relat lno so t, Sale at betas. It
Inrntteatlon IN Init1•teo
If turfhtr
Nabh year t0 Oatenalne
l
As Soon AS WWI'.
all taa OelfnOUtNIN On all Cr00ertles dthln
OOUhoarl es of the above
referente0 ASStsfeent Olstrct
the
PASSED. APPROVED, aM ADOPTED this
ear or
1484
r
ArES:
NOES:
ABSENT
t
ioAPLSE
i
ATTEST-
w
j
r
,y
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Y�
CITY OF RANCHO CUCAMONGA
STAFF REPORT y
January 18, 1980 LL C
O
i
TO: City Manager and City Council 1977
t FROM: Robert A. Rizzo
'. Assistant to the City Mamagar
SUBJECT: Modification of ?ersonnel Rules and Regulations Pertaining to
Definition of "Part -time" and "Regular part - time" Employee
Classifications.
From time to time it becomes nacebsary for the City Council to consider
various modifications of the Personnel Rules and Regulations to reflect
changes in our staffing levels. One of these such instances Is with
specifically budget recognized part -time salaried positiono. Presently,
this classification of employee is precluded from receiving fringe
benefits (i,e., vacation, sick leave, health Insurance, and holiday pay).
In order to provide proportional benefits to budget recognized part-time
salaried positions, the following sections of the Personnel Rules and
Regulations would reed to be revised.
• 1.3 2 "Part -time Employee"
3.3 0 "Benefits"
11.3.2 "Sick Leave"
It is significant to note with the proposed modification (below) to the
personnel rules — "regular part -tics" employees would be paid for
holdiaya, up to half of health insurance benefits, if requested, and half
of the bonefits for vacation and sick leave. No other fringe benefits
are to be provided; this includes retirement (PERS), which by lsw does
not obligate public employers to pay retirement benefits for lams than
full -time employees.
If the City Council agrees with the modification of the Personnel Rules
and Regulations, then the following should be approved to replace rule
1.3.2 and modify ,vies 3.3.0 and 3.3.2.
1.3.2 "Part -tier Employee" shall be an hourly wage earning employee
who generally works lass than thirty -Trine -(-39) hours per '5itl1
weak. "Part -time employees" shall not be eligible to accrue
or to utilize sick leave, holiday pay, vacation, health
Insurance, retirement benefits, or any other employee
A benefits.
aC� Continued....
Modification of Personnel Rules -2- January 18, 1984
-Regular part -time emolosee" shall be a budget recognized+
ealarSeC lase
position of than forty (40) hours per week and
who is designated as such by the personnel officer. "Regular
part -time" employees shall receive half (1/2) benefits, in
that they shall accrue and may utilize sick leave and vacation
at half (1/2) the gate of full -time employee commensurate with
their tenure of employment. Such regular part -time employees
shall receive half (1/2) compensation for all regular city
holidays; the city shall pay for health insdrance benefits for
such employees at half (1/2) the rate of full -time employees;
however no retirement uenefitu shall accrue, nor shall
retirement n" ?anta be made by the city for the account of any
"regular part•time mployae."
Such "part -time" and "regular part -time" employees may be
eligible for in -range fay rate adJustmento as set out in these
rules.
Further Revisions:
3 3.0 The last paragraph, rat sentence of cola 3.3.0 shall be
revised as follows:
"Part -Lice, seasonal, relief, or temporary employees shell
not be eligible to accrue or to utilize vacation.
3 3.2 Second paragraph, rule 3.3 2 shall be revised as follows:
"Part -time, seasonal, relief, and temporary employees
shall not be eligible to accrue or to utilize sick leave."
RSC014=ITIOg:
Staff recommends the City Council approve the proposed modification of the
Personnel Rules and Regulations.
RAR:mk
/ea