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HomeMy WebLinkAbout1984/02/01 - Agenda Packet.r •�•ri aTY or RANa-13 CU�ANX GA CITY (x)(Y.14 L AGENDA, Lions Park Community Center 9161 Bnme Line Road Rancho Cucamonga, California February 1. 1984 — 7:12.y..- All items submitted for the City Council Agenda must be In writing. The deadline for oub.elttin•3 these Items is StOJ p.m. on the Wednesday prior to the meeting. Ilia City Clerk's Office receives all etch items. 1. CALL TO ORDER r(/dlt. ( -(1 A. Pledge of Allegiance to Flail. .Wit�Y q B. Roll Call: Biquer , Dahl 1'roet , W� S:hlosser_, and M elt • C. Appra,al of Minutest November 16, 1983 January 4, 1984 January 24, 1904 2. ANNOUNCEMENT: A Vtdnerday, February 3, 19840 7 :00 P.M. — PLANNING COMIISSION MEETING, lions Park Community Center. B. Tharsday, Febrwry 16, 1984, 7:00 P.M. — CITY COUNCIL /FIRE DISTRICT BOARD MEETING, Lions Park 6-1munity Center, C O'aday, February 16, 1904, 7100 Pm. — PARK ADVISORY 1CM`117M, Lions Pork Community Canter, D. Inu sday. Fnbtuur, 2, 1984, 7:00 P.m. — HISTORICAL r.OMUSSION, Lions ?ark Community Center. rhu'aday, rebruary 23, 1984, 7130 p.m. — CITIZENS ADVISORY fOMHISSION, Lions Park Co ®unity Center. n 01ty Council Agecde -2' February 2, 1984 E 3, CONSENT CALENDAR rho follovlog Consent Ce lender file Coe and non- controverslal, .rnitema [he Councll at one are expected to be time v![hout discussion be acted upon by A, Approval of Warrants, Reglater Nos. 84_2_ ending 1/10/84 for the to cal amount of $SI,OSnd Payroll B• Approval to Increase Seer =red revenuts for Plan Checking $163.964 end Community by the same amount. also Engines rin8 Conc cart Servl Services Contract c transfer 61200 from ces Travel and Heart ng Accounts It to Y Communit C• Pervlra to aim No• CI84- gainst the Cl [y by Sharon Pepe the Cf[ handling. Attorney and tneu ranee Ce rtler �R D• Alcoholic Beverage A of Bear 6 Wine Ea tl Application Ko, AB g4- Elks Ledgs No, ng Place Llc sees for chat for On -Sole 2570, 12481 Base Llne Road, Elks Club, E• Alcoholic Beverage Appllca[lon No, qg 84- MI Beer .d Wtne par ln8 Place Lteenso, Conner talc ��Sale Irvin 03 for 8 T. Ta8ue, 9375 Archibald , Suite Al clines, ' P, Approval of 108. See urity for aprovement Agvoemont end In 6909 Amethyst 4venue, dove lopment ) located at RESOLUTION N0. 84 -24 A RESOLUTION OF THE CITY COUNCIL OF THE 12 CITY OF NCAMONL' APPROVING IMT.ROVECAM 4, CALIFORNIA, ZMPR DIVE opMENT SELTIRITY FOR A SINGLE FAMILY LOPMENT LOCATED AT 6969 AMETHYST AVENUE, C• Approval of Real Property Improvement Contract AS reem�n[ for property located on Strang by Alexander and P and tten Joyce Frazln. 8 Lane submitted lv RESOLUTION N0, 84_25 CITESOLUTION OP THE CITY COUNCIL 19 REAL PROPERRTTYNO CUCCAMONGA, ACCEPTING �A LIEN M,REEMENT FROM VEHENT CONTRACT AND FRAZIN AND AUTHORI2IAL, AND JOYCE CITY CLERK TO SIGN THE SANEE MAYOR AND LANE). (8817 SrUIC City Council Agenda -3- February 2, 1984 0 H. Release of Bonde: 21 OR 80 -34 - Located on the northwest corner of Lemon and Haven Avenues; owner, Woodhaven Properties. Faithful Performance Bond (Rood) $43,200.00 RESOLUTION NO. 84 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IHPKOVEHENT FOR D.R. 80 -34 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOR TILE WORK. TRACT 9638 - Located at the northwest corner of Archibald and Lemon Avenues; owner. Crismer Development Corporation. Monumentation Bond $ 2,450.00 4. ADVERTISED PUBLIC HEARINGS . A. ANNEXATION NO. 1 FOR STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2 - Or et ng the work in connection with HaaCntenance[rlct No. 1 for Tract Noe. 12023, 12024, 12025, 12184, 11173, 11173 -1, 11144, 12237, 12237 -1, 12305, and Maintenance District No. 2 for Tract Not. 12184, 12237, 12237 -1 and 12237 -2. ,toff report by Lloyd Hubbs, City Engineer. RESOLUTION NO. 84 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PMCHO CUCA40NGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. I AND ACCEPTING THE FINAL ENGINEER'S REPOIT FOR TRACT NOS. 12023, 12024, 12025, 12184, 11173, 11173 -1, 11144, 12237, 12237 -1, 12237 -2 and 12305. RESOLUTION NO. RA 28 A RESOLUTION OF THE CITY COMCIL OF THE CITY OF RANCHO CUCAMONGA OFDERINC THE WORK IN CONNECTION WITH ANNEX %TION NO. I TO STREET LIGMfING HAINTENANLE DISTRICT NO. 2 AND ACCEP "ING THE FINAL LBGINEER S REPORT FOR TRACT NOS. 12184, 12237. 12237 -1 and 12237 -2. 23 24 32 EM City Council Agenda -4- February 2, 1984 D. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - 52 An amendment to Title 14 of t e Rancho Cucamouga Municipal Code, Section 14.20.110 of Chapter 14.20, Signs, to change the maximum height limit fov a wall sign on an Industrial building from 20 feet to a height not to project above the rooflino. 9taiL.,zepoct�by RI ck%ft-3a^Ctt y..Y Immnarr ORDINANCE 65 -C (second reading) 52 AN ORDINANCE OF THE CITY COUNCIL OF THE F ` CITE OF RANCHO CUCAMONGA AHBNDING CHAPTEk 14.20, SECTION 14.20.110 OF TITLE 14 OF TILE RANCHO CUCAMONGA MUNICIPAL CODE WHICH REGULATES SIGNS TO ELIMINATE THE TWENTY (20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 53 BTi O1 - amendment to the Rancho Cuts mongs Development Code, Title 17 of the Municipal Code, amending Section 17.08.040.8 and 17.08.040 -C to require e Conditional Use Permit for single family detached dwellings lour than 900 square feet. Staff-- .rep.rr-by. Bltk- COmrs�PlnWaC• ORDINANCE NO. 211 -A (second reading) 53 AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF RANCHO CUCAMONGA, CALIFORNIA, _ AMENDING TITLE 17, CHAPTER 17.08, TABLES 17.08.040 -8 AND C, OF THE MUNICIPAL CODE, TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DETACHED DWELLINGS LESS THAN 900 SQUARE FEET. D. ENVIRONMENTAL_ ASSESSMENT AND ZONE CHANGE 83 -08 (TENTATIVE TRACT 1 5 5 - TRUAX - A change o zone rom Medium Dan Residential -14 du /ac) to Low Medium 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 tho south side of Arrow Highway, between Turner Avenue and Center Avenue - APN :.09- 091 -10. 9taff�- report.iby- 81ok1amea, Cltyi %genet. City Council Agenda -5- February 2, 1984 0 ORDINANCE N0. 216 (second reading) 56 AN ORDINANCE OF THE CT -; OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209- 091 -10 LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN TURNER AVENUE, AND CENTER AVENUE FROM dEDIUf DENSITv RESIDENTIAL (8 -14 DU /AC) TO LOW MEDIUM RESIDENTIAL (4 -8 DU /AC). E. DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE PARR SENIOR CITIZEN HOUSING PROJ.CT - Approval o. a 58 Deva opLent Agreement between t e City of Rancho Cucamonga and Cal mark Development Corporation for Heritage Park Senior Citizen Housing Project located vest of Archibald, north of Base Line, item continued from January 18, 1984 meeting. Staff report by Rick Gomez, City Planner. ORDINANCE NO. 217 (first reading) 59 AN ORDINANCE OF THE CITY OF RANCHO S CUCAMONGA. CAL'- FORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CALMARK DEVELOPMENT CORPORATION 5. NON- ADVERTISED PUBLIC HEARINGS A. FORMATION OF ASSESSMENT .DISTRTCT 82 -2. Recommend BI apprcv -1 or --[lone neteeaery [o It ate proceedings to formation of AAsesoment District 82 -2 and approval of plans, specifications, Engineer's Report and fixing the dame for protean hearing for March 21, 1984. Staff report by Lloyd Hubbs, City Engineer. RESOLUTION NO. 84 -19 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFO ?NIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT. RESOLUTION NO. 94,20 -Ott -,� 89 A RESOLUTION OF THE CITY COUNCIL OF THE �l ® CITY OF RANCHO CUCAMONGA, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE OF PUBLIC HEARING. City Council Agenda -A- February 2. 1984 RESOLUTION NO. E4-Zi= '�-'r -„?0 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 ", AND FIXING A DATE OF HEARING THEREON. RESOLUTION NO. 84 -22 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT. B. DAY CREEK C0IDIUNITY PACILITIES ACT DISTRICT. 95 Remo utiun o Intention to of airing nn [ e calling for an election to form a Community Facilities Act District to construct portions of Day Creek Channel. Hearing date to be set on Retch 7. 1984. Staff report by Lloyd Hubbs, City Engineer RESOLUTION NO. 84 -29 118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. ESTABLISHING A SPECIAL REVOLVING FUI'D FOR THE PURPOSE OF PAYING FOR CERTAIN COSTS AND EXPENSES RELATING TO A COMMUNITY FACILITIES DISTRICT. RESOLUTION N0. 84 -30 119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING PROPERTIES AND LAND TO BE SERVED BY CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT. RESOLUTION NO. 84 -31 • 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID COMMUNITY FACILITIES DISTRICT. City Council Agenda -7- February 2, 1984 RESOLUTION N0. 84 -32 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONG4. CALIFORNIA, ORDERIN -T AND DIRECTING -THE ?REPARATION OF A FINAL 'REPORT' FOR A COHHUNITY FACILITIES DISTRICT. RESCLVIION NO. 84 -33 125 RESOl:U'iI0 OYTHE CITY COUNCIL OF THE C RANCHO CUCAMONGA, CALIFORNIA. DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAKES TO PAY FOR CERTAIN FACILITIES IN A COHHUNITY FACILITIES DISTRICT. C. APPROVAL OP CONDHN EATION AGREFYENT KITH R.C. LAND CO. 127 Construct on o Train ng Levee Provia Protection for Tracts 11934, 02044, 12045, and 12046. Approval 's recommended of agreement with R.C. Land Co. to cover all cocts involved in the condemnation of lands required fur the conutruction of a flood protection trainift levee. Staff report by Lloyd Hubbs, City Engineer, 6. CITY HANAGER'S STAFF REPORTS 7. CITY ATTORNEY'S REPORTS 8. COUNCIL BUSINESS A PROGRESS RE1'ORi ON STANS OF EFFORTS OF ETIWANDA HISTORICAL SO IETY - An ore report w1 _ e Riven y Jaces In regards Lo the relocation of the Chaffey- Garcid House. B. EKPIRATION OF TPR4S OF OFFICE ON PAR CCtMITTEE. the Term ?[C or Lsa lie Riggs and Pam Henry on the Parka Committee expired on January 20, 1914. 9. ADJOURNMENT 7 I ! I r r I r r r fI I r r r r r r z I :r 0 z r ry i w i W N O� y N Su it 450 Lp V ° VTn_r .. i V WN V W V 6Y U..V 6 .t e 4n iV NO{ �VNN O� n \G t 6UV 5: =iZ. Y °U Y. 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F. f4° nn.? m°.°• w °Fw°`v. °�°. °nni% °n.°w °�i°n °n °n ° ° °nF: °nn.�. °n9.°rP.°w° (J- mm000anow-o......oevonoowuooc ^woop000 o..N- owoeo- POw0000 - Nowooec. I000�a eomnr- �� +eor�onwoapoveornc8 Qmmo w�N.e ±�0001.�......... e rro +'.�ehoMa- oh ^g��Nh�e- aoeM1OeMOe.. woe ... o...crvn�w�Nrao ^ ^ �.. hah -omP Cao P.�r a+ +hown PNw Nn h .^ i New aro ♦n-h r a P h a .x m - � o 0 w ° 0 s v Q s y Q } }C. l a I V 3 0 o z f > 6 �l Or^ -e orrno= wOnrON0000NwNO00OONOONO.V MC ............... t .w.`c oNn�.cn rlmeorw.opwoPnmrw a..www...umoemomcPPraPa rPP°Pe000yo°p- g'iR Y ...............OµiMVP pPOPSP�SIPOPIpPVPPYVPPPOYYI N POPOPINYPSYIYII> l V ..FOO- hN.Ne^mP}hR.N.O..M OrhNM MOP O•W..m aI.mOO�M.NMOTO -hN M.I.lPO^M.NO e � w = cT -mOemt 1110 —� -• pO P�P�- NOOp°00p 00pO ^. ^_ ° N°, Qr°„ F�°. n° i •w°.°.n.3M.'°.h w92=0 =0 =nM 1pN . hhN0 ph.'I�M'.M/I•'.�rt.p�'��p.'n✓'.wh .^M�'�.I1aa1♦ 000o cooNONeµHNOONNO� Q or • ! 0 0 0 _1 I + CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: 1 -9 -84 TO: Lauren Wasserman FROM: Harry Emp;e \ � SUBJECT: 83 -84 Budget�Adjuustnents A quantum leap in Building activity hce causal an increase in work load for all Departments, most notable is the plan check activity in Engineering In fact the expenditures for plan checking has exceeded the amount budgeted by some $80,000. By the same token plan check revenues are well ahead of the estimated Budget and surely will surpass the estimate for this fiscal year by a considerable margin. Therefore, in order to bring this activity in line with the actual transactions I would like to recommend to Council that they approve an increase In the estimated revenues for plan checking by $163,964 and a corresponding increase In contract sonllces in Engineering of the some amount The request is not for an increase but a simple shift in funds already appropriated It will have not effect on the Budget bottom line whatsovever save to better define expenditure needs This adjustment is to transfer $1,200 from Community Service's Contract account to - $400 for Community Services Travel 6 Meetings account and $800 to Community Services Travel 6 Hearings account in Recreation. CLAIM FOR DAMAGE OR INJURY t _ I, Claims for death , Njury to person, or to personal property rt*sflsff(<cV VoEl*er than 100 days after the occurrence (Gov Code, Sec 911 2)CI1Y OF RANCHO CUCAMONGA C I C7 ADMINISTR: TION Claims for damages to real property must be filed not later than I fLs yv occurrence (Gov Code, Sec 911,2) I �� /y AM F* TO: CITY OF &W,y0 L- UCA!iiGN/6s9 71819111IOlgili218t91318 r._r�„�to v 2 r - E•rc>7 .5YW -elile 1we 7g'77'P Name of Claimant Address Zip one Hge S9a� .Sirir�nu ,1,,..- .F�cr�Lara,,,nto...sa O,� 9i�e1 /ddrest o white Claimant wis es noticas sent. '-- WHEN did damage or injury occur? 12sa ry,f454e aT WHERE did damage or injury occur? d0gV.&,' /5&— i HOW and under what circumstances did dcmpge pr Injury occur? THAT particular action by the City, or its employees, caused the alleged damage or Injury? (Include names of c •ployees, If known) WHAT sum do you claim? Include the estimated amount of any prospective loss, insofvr as It way be known at the time of the presentation of this claim, tcgether with the basis of computation of the amount cinimed: (Attach estimates or bills, if possible) � W4 �6i)ip A-.x �r ✓wt a IJS�i {n+. ,�C GyyG_5 -4n2 '151` S 9'i 9j Total Amount Claimed: $ .2 Q /, 9.-P NAMES and addresses of witnesses, Doctors and Hospitals: COPY - 1] ArI..M el.w. IN rel M �.^el« -0" a ..'W k..W p.Y«. ..II b...P Ay erlMw+w N . 4.+w. r1 qc� rY. rw� -M.NI Y� M/Y llwrr nYn lYt►.�ar .w.W 4pftMM t Pad AL40"LIC 0[1714" I 1171US1 OP uctwSt IeE n0. 7www") Y•. .1 .�. Y �... Y.I ..I'�'i�'Y .1 ...w..Y ..... V ww A ti ..r Nan NO. MR TALL OLRLRAL i �..... �.rw... %.TI40 PGCL C001 TS. rA.rl.«1tw4ye,}. A. By TUNSn%*R R E C 1 [. e 4.elw iMeiMrfM.w t IMPLICATE I.M ]. Iuewu Of AW..LVOt0 um Ia. 1222 OR� .,/ e LshelteA Rulet- CAAelee RAeene 1 T]MfSI O] rlu.c lxt1 111 lK 4 QChenge to 47 110.00 77 Pfenleee to Preeteee• 100.00 7 • - 1] ArI..M el.w. IN rel M �.^el« -0" a ..'W k..W p.Y«. ..II b...P Ay erlMw+w N . 4.+w. r1 r N 1. M««.� N M N.i1 N AM.c.4 Mw CwrrN 13 STAte OF CNVOUM CY.I N —r A0. �6Lmtdll� ....__.._M._.�_— ]�17.'.BA..__. '� � � Y•. .1 .�. Y �... Y.I ..I'�'i�'Y .1 ...w..Y ..... V ww A ti ..r 1 UIUCAM SM:N n[t! �.LLLTJ.O.'Y.L.1217J _ �.. �. ...._.........._........_.._... . 1 —. By TUNSn%*R R E C 1 IP StAil a ulpbeA Cwn.] M_ ....,eiead•r,to-- ft�a•1tt.._"• I111r.te Nlkw.Y10 17 oNtln....l.l IL-E:IIre«(e .,/ e ® Ii IYeA.. M.Jr. CMtN IIfCW C.++I .. fb_. • .. e.f 1]!77 >• Mteer4l �_ Oh AN ]PAN irhr MI Llrl Pr dPr ✓•r1 UN WP • 0 t.v/r..Ar �M..... O .T. CpR7 MArttII W 'fa7j,l_ O h....s M•1770.i61.N'1_ ban-; .IFnsedlm•— ab.�_— •SY11!et-x'Pe' w 1(*.Z:a- 7�•-�— , L L.J Ym I I' 7451 ,t�+sl I En;d.+t I ' , aeu6Le,u S.x- [ PJA POD i TAUS W Esr I I I I W,.IC fnuL I sE I � N -r!t US CLuL Is LOCHTCD cu de �-,Our"'De eF J345 -'Lue '2OAD gfjo L,tA.•ieL,? IIi M,L, Wesr oG ET wAAJD,;- AWAJUc L' usddlA)T' 2oo),u6 0 .atutCAC RAU % �'.JCiout4,uE r�ReOl� C,i,jtd L 7(mu o 4og 2d -3o -Du,%Acgt dtr6Al3ot dooD CeMW12C„7C '> Natal I pIF ,4 -a,J �r lAede ! Co>r mewa9c EAST J Se,nill M J- ,JZ1/5 Mae - S..rA J ,ursr/ N O-so Des AV& q P • r- -r!t US CLuL Is LOCHTCD cu de �-,Our"'De eF J345 -'Lue '2OAD gfjo L,tA.•ieL,? IIi M,L, Wesr oG ET wAAJD,;- AWAJUc L' usddlA)T' 2oo),u6 0 .atutCAC RAU % �'.JCiout4,uE r�ReOl� C,i,jtd L 7(mu o 4og 2d -3o -Du,%Acgt dtr6Al3ot dooD CeMW12C„7C '> Natal I pIF ,4 -a,J �r lAede ! Co>r mewa9c EAST J Se,nill M J- ,JZ1/5 Mae - S..rA J ,ursr/ N O-so Des AV& q r« oM.+ w N ak./✓•I Sw Co" CO a= GIDEmw I G a Irolr....+n gn Bernardino j�pyy,Y6 COOS OUPLIGA.Fb �- rd..+.. «M"• :.wwcaAMKANIn h/ 8Y -cam ALUWzzl INC. _!5 p�guu 1Or '.� /na Mw.wa... Gu=TAid rr,W T. Tag",, Ch,1XVea OZ tn. – l rmn or rw[urno.fn In m1 8 ilfLlzd J. NOOK 100.00 _ .. 1 a N chlb -ld,4 Lli [M .sfdibnld[ ..u1N 'in C./ W.r rv.wr�Mr In nm� casd �b r nO+VVw M M Or�""[.I M r.W• «10w�.«. «r..rA[AJ.SMO..w.l .. "NM.[.p41. *........ 1. M...K 13 Steil O/ UWO�.A f«nry • "' H \ _ � r rr✓. . ��� n , � y W w ^...!rte ^'. �..w� �Cwa"^A�it IIILLLLI�~ 14 AM ................. __ ....... .......................�• -•r��r A ► /IICATION /Y YlAN5FIR0l It SIAM V C1pIClfAA fw.1/ N ......... ....:.. '......••••.••••.• . w .. ..rte r.r.. r..... ��^ • y..— �......... w ^M_.� � � M ^i . ' :•w . r ,..I'.�~.r�r �....+ � _ ••� i ... �: a ....^.w. r.+�l.....� r r. ...�.. r.rr �.+/.1 r.u.r Mr•. ��..N. IR ll[�M Miw.�� /' ink O.N.Ww& F p...rtw...I Uw 11\IF ..Iwr3 O k.a+.w.. ❑ : ^_° J [ L J A iI I iifCU6rt.rlL = e»+r'thc I I 6� '�rPCer t I I 1 I I� Ik , I , A @AU (.ir FoemeN, n ErirSoU AQ�AlcnnrR. 93it F, 1 0 Ue5z rr LFus,m s C,,e &)A3CGTAr Q. AebueS, `EA4 rs LocArED oAA tKe A1,57 -srbe of Ae M,QALD Aueuue AP✓Qoxrar7reLt 3,06 4reT 5ouri Of lg3Tteer WJ-T� rA, the Ai2Ct4leP,ure14 CmitTeu, �utlrtuT foWA aL rebWkry 1Allu,7rnA� SP(elt'iC TLAnI 5ubat'en �''1- GecvvnC ?uDnr�rrK t' WIIA SV/)&d4VIA)612o%r'rifI _ IJI9Td /SS P --D hlO.e'!R °`r% E kS J/r/ rr .r rr wesr /Ss7 -5n bf ,4-oli6 SuDUsne,ot Xele CeNe,VAL R Ml — - Fh7e RS AgoUe CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 1, 1984 1777 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for a single family development located at 6969 Amethyst Avenue Mr. Charles Roberts has submitted the attached bands and agreement to guarantee the construction of off -site improvements on Monte Vista and Amethyst Avenues adjacent to his property at 6969 Pmethyst Avenue These improvements are being done in conjunction w16h the issuance of a building permit. bonding amounts are as follows: Faithful Performance Bond: 56,600.00 Labor and Material Bond $3,300.00 RECOMMENDATION It is recommended that pity Council adopt the attached resolution authorizing the Mayor and City Clerk to sign same Respectfuily submitted, LSH:6K:jaa Attachments 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR 6969 Amethyst Avenue rte_ G J KNOW ALL MEN BY THESE PPESE'ITS: That this agreement Is made and entered Into, In conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of Callfernla, a eucicipal corporation, hereinafter referr- ed to as the C'ty, by and between said City and Cnarlet Roberts here I nafter referred to as the Developer THAT, WHEREAS, said Developer destres to develop certain real property In said City located at the northeast corner of Monte Vista and Amethyst; and WHEREAS, said city has established certain requirements to be not by said Developer at prerequisite L- grarting cf firal approval; and WHEREAS, the execution of this agreement and pasting of ..... impro•enent security as hereinafter cited, and approved by the City Attorney, are deemed to be equlvalert td prior coop atlon of said requl rumen is for the purpose of securing said approval NOW, THEREFORE, It is hereby agreed by and between the City and thi Developer as follows: 1 The Developer hereby agr••a to construct at developer's expense all Improvements described an page 4 nereof vlthln 12 months from the date hereof 2 Th't agriement shall be effective an the date of the resolution of Ja Council of Said City approving this agrvemant This .greement shall be in default on the day follow - Ing the first anniversary date of said approval unless ,.n exten. sion of time has been granted by said City as hereinafter provid- ed 0 The Developer may request addit lil.0 tilt In which to Complete the previsions 0/ this ag remnant. In wrttint not lets then 30 days prior to the default date and Including a ciatemant of circumstances of necessity for additional time In considera- tion of such request, the CI ty reserves the right to •evlev the provision- hereof, Including construction standards, cost estl""a' and sufficiency of the ' ^010 -errant security and to require adjustments thereto when warranted by substantial changes therein 4 If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any law- ful meant, and thereupon t0 recover from said Developer and /or his Surety the full cost and expense Incurred In so dalvg S Construction permits shall be obtained by the Devel- oper from the office of the City Engineer prior to start of any wort within the public right -of -way, and the developer shall conduct such wort In full compliance with the regulations contained therein Non - compliance lay result In stopping of the wore by the City, and assessment of the pcnaltles provided 6 Public right -of -way Improvement work required shall be constructed In conformance with approved Improvement plans, Standard Specifications, and Standard Drawings and any special anendmants thereto. Construction shall Include ay transitions ® and/or other incfde,�ll work deemed necessary for drainage or pubs lc safety Err t or amalssions discovered during construC- rte_ G J C, E lion shall be corrected upon the direction of the City Engineer Revised wort due to said plan modifications shall be covered by the brow of this agreement and secured by the sr -a tY sovering the original planned works 7 Work done within eals;ing streets shall be diligent- ly pursued to coapletlan; the City shall have the right to complete any and all work in the avant of unjustified delay In completion, and to recover all cost and expense incurred from the Developer andlir his contractor -yy any lawful means B she Developer shall be responsible for replacemeirt, reloutlons, or removal of any component of any Irrsgatlon w:er system In conf lift with the required work to the satisfaction of the City Engineer and the owner of the water systen 9 The Developer shall be responsible for removal of all loose rock and other debris from the Dpbllt -Ight -of -way 10. The Developer shall plant and naintaln par,way trees as directed by the Community Development Director 11 The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreemert shall be subject to the approval of 'be City attorney The prin- cioal amount of said improvement security shall not be less than the amount shown: Al q FAITHFUL PER;DAMAMCE Principal ARRUnL: 56,600 00 Type: Name and address of Surety: MATERIAL AND L Pr ABOR Incl0 al Amount: f7,300 00 Type: Name and address of surety: CASH DEPOSIT MONUMENTATIOM Principal Aaoant n/a Type: HMe and address of surety TO BE PGSTED PRIOR TO ACCEPTANCE By THE CITY IM MITMC55 HEREOF, the Parties hereto here Caused these pre IN to De duly eaecuted and actnoxledge with all forRSllties re0ulred by tax on the dates tit forth opposite their figratures /U- Is.Knl' i Dava toper Date L by—�'� wcu ra Charles Roberts Accepted City of Rancho Cucamonga, Cal IPornla A NYp ICIP&I Corporation Mayor By Attest. ty / AOprov <d: q y J TiTi.£ INSUP.IWC£ TICOR II tTAT[Ol Ut1.OR \IA STXIE K ,,,, V Or plow Te ♦1 l aua ln� tPR — — �lvnm..uw.w x...am w.. nx e... rluW.n wawa +,o .e. � r - Ar>"��•.(v ,re Y�i�� .wa 4.wxW1,.a NnalxJ m! 1 I"s tv.hM J I CITY OF RANCHO CUCAMPIGA CONSTRUCTION ESTIMATE EMCAO7CHRENT PERMIT FEE SCHEDULE For IYyrovecent of: Aretill and Monte Vista Date: 1/5/64 input( ea by:_1. martin File ATerencs: o 1 vst City Dxg• No, NOTE: DNS not include tumnt Fee for Nritln9 permit or pavement deposlts. CONSTRUCTION COST ESTIMATE ITE31 14TTTY- 1'1417 UNIT COST S ANOINT P.C.C. Curb - 12' C.F P.C.C. Curb - 6' C.F 132 t.F 6.00 792.00 P.C.C. Curbb only 6' C.F. C t ) a P.C.C. 4 $Idaal 460 S.F 1.75 605.00 6' Moe ApproWl 206 S.F. 2.50 515.00 6' P.C.C. Cross Gotta, 425 S.F 3.40 1.445.00 + Street Excavation ]sported Ebb lnkment Preparatlon of Solq ace + Crushed Aggregate base (per In, thick) 2230 S.F 15 371,50 + A.C. 2230 S.F 55 1.226.50 A.C. (gOp to 1300 tons) :+ A.C. (under 500 is 9DO tans) A.C. (under 500 t+as) Patch A.C. (trerr',) + I' thick A.C. ,,erlay ! Adjust sever Whole to grads Adjust Sever -leas out to grade "Just to grade ! EA. 75.00 75.00 Llgn,svDVes Street Slgnf Street Trees Parkvp LWSCIPI and Irrigation Raw r11 cf A.C. Pavement IWO S F .35 735.00 E Re30v41 of A.0 61 ra 60 L.F 1.D0 60.00 CONSTRUCTION COST _ 56.006,00 CONTINCENCY COSTS S 600.00 ' TOTAL C04STRUCTIO4 16.6-18.00 FAITNM PERFORMANCE SURETY (LOOS) $6.600,00 LA60R AND MATERIAL SECURITY (50%) _ S3.300.00 FRGINEERING INSPECTION FEE S 330.00 'RESTORATION /DELINEATION CASH DEPOSIT S SOO.00 (REFUNDABLE) MONIME(FIAT10 SURETY (CASH) n/a *Pursuant to City of It n o Cueaaonga Nsnlclpal Code. Title I, Chlpter 1.06, ldopting San eernardlne County Code Titles, Chapterf 1.5 cash restoration /delineation daposlt shall be made prior to Issuance of an Englneering Cosktrbctlon Permit. 4. RESOLUTION N0. f12- 9YO�t� ! A RESOLUTION OF THE CI pPpRUYING M ROVEMENT OAGREEEMENT CUCAMONGA, CALIFORNIA, D IMPROVEMENT AMETHYST AVENUE SINGLE FAMILY O DEVELOPMENT WHEREAS. the City Council of the City of Rancho Cucamonga, far the improvement described California, h1984 for by its con ideratlsn as developerent Agreement execute on wa adjacent to the real Property specifically February I, the northeast corner of Monte Vista and public right -of- ! therein, and generally located at Amethyst Avenues, and improvements 1s to be done 1n described in said e WHEREAS the and subject to the terms the installation of such P thereof, Improvement A5 r ent of said real property; and conjunction with the development accompanied by good ands sufficient Imyrovementt Se urity, whichcuisd identifte to said Improvement Agreement. Of NOW, THEREFORE, BE it RESOLVED by the City CouncAeanditsaid a Callfornia, that said herebyv approved Agreement and the Mayor is Rancho ent S ng , be and the same are the City of Improvement Security reemere on behalf of herby authorized Land the City Clerk to attest thereto. Rancho Cucamonga, 1984, PASSED, APPROVED, and ADOPTED this 1st day of February, AYES NOES: ABSENT: ATTEST: Lauren M Wasserman, iy er jaa on :e s, ayor r �- 0 0 CITY OF RANCHO CMUMO \GA @ ENGINEERING DIVISION VICINITY MAP N pan Pose 1 oP 1 1{ 13 s 1 CITY OF RANCHO CUCAMONGA E :'A FF REPORT DATE: February 1, 1984 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Barbara Kral, Engineering Technician � n c O +y O A Z U1 7 1977 SUBJECT: Approval of Real Property Improvement Contract and Lien Agreenent for property located on Strang Lane submitted by Alexander and Joyce Frazin Alexander and Joyce Frazin have submitted the attached Lien Agreement to guarantee the future construction of Strang Lane in connection with the Issuance of a building permit in accordance with City Council Resolution No. 80 -38. Strang Lane is a private, paved road which allows legal access to the property An Irrevocable offer to dedicate 30 feet for future roadway has also bee. submitted by the developer. RECOMMENDATION It Is recommended that City Council adopt the attached resolution authorizing the Mayor and C'ty Clerk to sign same Respjctfully submitted, i LBH:6'.Jaaa Attachments I u RECOROIRG REQUESTED lit. and NNER RECORDED NNIL 10% CITY CLE RFNCNO CUCANONBA gj710 PIT0 0001 807 CALIFORNIA RANCHO CUCANONGA. CONTRACT ARO LIEN FBREENENT vaO?E t �a�E �Nn"' "r% L >N t• �Cy O.Y REAL colt y�- and ante Into bade by and between Alexander THIS AGREEMENT 19 sj'k• ar'1. and In after referred to of Develop of rexln inert t aunlclPai corporet /on end Joyce F CALIFORNIA. es folio-s° 0.ANCN0 CU LPMOXGA. city.). Dror Idea tot C111 0: to as sltar referred to 'he (herein precedent 0.EA5, as s gene, al t0rOR10q 1e is " residence den NNE for i^ off - tding Par01t Of gist ln9 OT t LN "Attr uct Ion in building I.... ote City requ{rc0 utter. esDh alt paving ""I o,tr bet IaDrorea an is f` ^^t LiO^gtnt -Or ODartY to Oe to +a leDed; d a9purten an wore ed1 t and t0 postpone constructlon dr Oef lrts by the j1 a Uter date. of deteralnad 1 NE0.EP5. the Oercloi Of such NDroraanntt unt City, and sucn Do"Poneaent RNE0.EF5. the City If agreeable t0 cant requiring taper enters into to It A9rae to that tna Deve recants. at na asp -so Provide d eruct fsle l.pra A ,Ocaent to cons d0 fe by the CItY. wnlch said 9 tnr DeretoDer I.Drov beer es one city. r demand -the city -ay co estruct said it of to the CITY Provide that neglects t0 DO t0 and that dell alto Dror er deter l0 ee at if the Der toper fails ne real property hartlna,^ar snail ogre a Ilan uDOn t and Y replysent due s.cv,ltY far the Oeraloper's Derf araence. city I' 1 0 NOW, THEREFORE, VIE V1TIES AGREE: 1. The Developer hereby agrees that they will Install Off -site street improvements Including curb, gutter, asphalt paving and appurtenant work In accordance and compliance with all applicable ordinances resolutions rules and regulations of the City In effect at the time Of the installation Said Improvements shall be Installed upon and along Strang Lena 2 The Installation of said Improvements shall be completed no later than one (1) year following written notice to the Developer from the City to commence Installation of the same Installation of said inprovmentt shall be at no expense to the City. y In the event the Developer shall fall pr re• a to . coaplete the installation of said Improvements in a tingly Manner. City MAY at any time thareafter, upon giving the Oevelorsr written notice of its Intenticn to do so, enter upon the property hereinafter described and complete said improvements and recover all cosh of completion Incurred by the City from the Developer g"N /eel- a y/ -set e To secure the performance by the Cc eloper of the terms ane condltlons of this Agreement and to secure the repayment t0 City Of •my funds which may be expended oy City In cnopleting said Improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property situated In the City of Rancho Cucamonga, County of San Bernardino, State of California, to -wit: All that certain real property located In the County of San Cereardlro, State of Calfornla, described as follows: IFA The Easterly 150 feet of the Westerly 870 feat Of the South 1/2 of all that portion of Lot a, Block Ili Lucamonga Homestead VIP As ration Lands, as per map recorded In Book 6, Page e6 of Naps Records o/ said County. lying Southerly of a line drawn p+r.1lel to th. Northerh line of said Lot, the Northwesterly corner of raid parcel being at a point e0ui- d1stant from the Nerthvatt corner and the Southwest corner of said Lot. g"N /eel- a y/ -set ■ • 7} 1 S This conveyance Is In trust for the purposes described above d Nor, therefore, if the Developer shall faithfully perform all of the acts and things by them to be done under this Agreement, then this conveyance Snell be void, otherwise, it shall rem0ln In full force and effect and In all respects shall be considered and treated as a mortgage on the real property and the rights end obligations of the parties with respect thereto soil; be governed by the provisions of the Civil Code of the State of California, and any other appllcauie statute, pertaining to mortgages on real property. 7 This Agreement she)) be binding upon and shall Inure to the benefit of the heirs, eaecutors, administrators, s',CCessors and '&signs of etch of the parties hereto 8 To the extent regulred to give effect of this Agreement as a mortgrgt, the term •Developer• shall be •mortgagor• And the City shell be the -mortgagee- as those terms are used In the the Civil Code of the State of California and any other statute pertaining to mOrtages an reel Property 9 If legal action 's commenced to enforce any of the Provisions of this Agreement, to recover any Sum which the City IS entitled to recover fro. the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover IIS costs Anon such re as anae la attorneys feet a1 shall be awarded by the Court 1% i IN WITNESS NHEREO,, the parties hereto have executed \ this Agreement on the day and year first above written CITf ► � DEVELOPER C1 TT OF 0.ANCN0 CUCAIIONGA, ".O EALIFORNIA, V _y corporation Mayor —__�I APrE•JTE, AS TO FCOd ATTEST: �� is, eg W4 sr Lauren asman s ar ' Ci City f.lert ccrrsc;a,,y ua...uxvvv.vveuuava,x..uaua.., .•..uwuwa.U..... •xs• STATE rF CALIFORNIA ss COUXTY OF SAN BEANAR JINO On ,19 ,before the un ers 9ne o ary u c, ptrf boar y apDe are personally known to me to be the Mayor of the CITY OF AANCHO CUCAMONGA, CALIFORNIA, a sunlclpal corporation, and known to me to be the person wno executed the within Inftrutent CA behalf of said municipal corporation, and acknowledged to me that such sunlclpal Corporatlol executed it WITNESS MT HAND AND OFFICIAL SEAL Notary 9vtu•e STATE OF CALIFORNIA I COUNTY OF SAX BERMARDIMO ss the un ars gne o aryl— u4'oTr persona y appeared known to se o d e parson l w ose name s, su s c r l bed to the within instrument and 1ckA0wleged ai�i t — asecuted It WITNESS NT HAND AND OFFICIft SEAL Notary Signature NOTE:WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP. THE ABOVE JURAT IS NOT ACCEPTABLE A CORPORATION /PAXINSRSHIP uUCAT IS RETIUMD Ni 8ti'`rt y RESOLUTION NO. R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FR9M ALEXANDER AND JOYCE FRAZIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (8817 STRANG LANE) WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requireme,its for building Permit issuance, and WHEREAS, installation of curb, gutter, sidewalk snd pavement established as prerequisite to Issuance of bui,ding permit fur 8817 Strang lane has been met by entry into a Real Property Improvement Contract and Lien Agreement by Alexander and Joyce Frazin, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that toe City Council of the City of Rancho Cucamonga, California does accept said Real Prope -ty Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. P SSED, APPROVED, and ADOPTED this 1st day of February, 1sd4 AYES: NOES: ABSENT: ATTEST: Lauren Wasserman, ty C erk 1aa on a s, ayer Z r *I FI - -T Q yl ii+ ..,.. I 13 I i, L /oe�l /a .rc•y�,� - - �ivuw: i�f:y Si-� rfG l•Af --� I I� �:�oi�•Ll�b+ ur. TY OF RANCHO CUCAMONGA w `` �,q17 Strann 1 n ENGINEERING DIVISION �T VICINITY NIAP 1 al p�gt laof 1 J 17 I y = -ic•i ��i ` -:+ , I� �:�oi�•Ll�b+ ur. TY OF RANCHO CUCAMONGA w `` �,q17 Strann 1 n ENGINEERING DIVISION �T VICINITY NIAP 1 al p�gt laof 1 J 17 J CITY OF RANCHO CUCA&IONGA' ESTAFF REPORT DATE: February 1, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engine L SUBJECT: Bond Release O.R. 80 -34 - located on the Northwest corner of Lemon and Haven Avenues OWNER: W000haven Properties P. 0. Box 5526 Beverly Hills, California 90210 -0526 Faithful Performance Jond (Roan) 543,200.00 The road Improvements for the above referenced project have been completed in accordance with the approved plans and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion, and authorize the release of the Faithful Performance Bond. Tract 9638 - located at the northwest corner of Archibald and Lemon Avenues OWNER: Crismar Development Corp. P. 0. Box 2131 Santa Mon'na, California 90406 Monumentation Bond S2,00.00 Certification from Madole ara Associates indicates that all final monuments have: been set and they have been paid In full It is remmended that City Council release the Monumentation Bond ai 0 E RECORDING REWESTED 81: CI IT he -•.ww CUCWKGA P. 0. box M7 Rancho CueaxOngo, California 91770 WHEN RECOROED Itkll TO: CITY CLERK CIT1 OF RANCHO CUCANDM6a P. 0. box 807 Rancho Cucamonga, California 91770 NOTICE OF CCWLETICN NOTICE IS HEREBY GIVEN THAT 1 The undersigned Is a.: orpr of an Interest or estate In the hereinafter described real property, tN ncturo err MIN Interest v estate is: o. a. so -IR g. The full nap and address of the undersigned owner IS: CITY OF RANCHO COCAMORGA, 90E0.0 DISC Line Road, P. 0. Boa 907, RanChO Cucam391, q� Callf"Mia 91730. .. On the 1st day of February, 159/, there ras cowpleted on the Rere Hefter de.cribed real property the wrt of lattrorment set forth In the contract documents for: `• O. R. 80 -34 c. The nom of the original cnntractor for ttA wrk of leprordeent is a whole Ws: 9opdharen Properties 5 The roll property referred to herein is situated In the City of Rancho Cucamonga, Cnunty of San Bernardino, California, " Is described as follons: o. R. 80.01 The location of said property Is the northwest corner of teeon and Moran Avenue CITY Of AMIN) CUCAMONGA, a wnicipal corporation, Owner a e - Lloyd a. ham s, City Engineer *.N")- 94-x RESOLUTION 110. 02- Oi -VSIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IKPROYEMENTS FOR Q.R. 80 -34 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for D. R. BO -34 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Complet'n is required to be filed, certifying the work complete. NOW, THEREFOiE, be it resolved, that the work is hereby accepted and the City Engineer Is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. r1 U PASSED, APPROI'£0, and ADOPTED this 1st day of February, 1984. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City CTer7 3aa 1 Jon 0. MikeM77a-yor 2.3 v CITY OF RANCHO CUCAMONGA STAFF REPORT • C . V 1 i" DATE: February 1, 1984 U? u TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Ordering the Work in Connection with Annexation No. 1 for Street Lighting Maintenance Districts No. 1 and 2 Attached for City Council approval are resolutions ordering the work In connection with Annexation No. 1 to Street Lighting Maintenance Districts No. 1 and No. 2 for the following tracts: DISTRICT NO. 1 DISTRICT NO. 2 Y r er a (Local g t: 12023 12237 12024 12237 -1 12025 12237 -2 12184 11173 11173 -1 i 11144 a 12237 12237 -1 12237 -? 12305 The Engineer's Report for both Districts are also attached for final approval. These reports show the estimated costs of the Districts and Include a location map for each tract Letters of intent to join the Districts have been received from the developer of each tract Letters have been sent to the developers, posting has been completed, and the Resolution of Intent has been placed in the Daily Report ` Ne—naper giving time and date of public hearing , d a continued ..... ..... 1.+ aN 11 9 F CITY COUNCIL STAFF REPORT Annexation No. I to Street Lighting Maintenance Districts No. 1 & No. 2 February 1, 1984 Page 2 RECOMMENDATION It 1s recommended that City Council adapt the attached resolutions ordering the subject annexation to Street Lighting Maintenance Districts No. 1 and No. 2. Respectfully ,ubmitted, v" // 0/lwp LBH SK:Jaa Attachments •r ,I(.' Adpi& DEVELOPMENT, INC. 1'• City ct Rancho Cucamonga 9319 Baseline Road, Suite C Rancho Cucamonga, California 91730 Attention Mr. tlarti.l wrt 9% RAI.010 CUC ='0;ICI EPSIt'EEWNB D:9'S'0'1 Re J9'.::IUG THE LANDSCAPE rtl: LIZ.71l' DISTRICT Dear t'r : a ^ten: This lette^ is tc nctif•: you tnat J:C. SC=, :l:C does -erot; tcin the ..ardccap2 and lighting :istrict of the .ty of ,Rancho Cucamonga as it relates to the development of Tract _ ^337 Respectfully submitted, I 6 SCCT',,,/,/�rtC Richard . Scott, President R::S:lmc U 1111 WESTNINTN STREET . UPLAND CALIFORNIA91785 • 714.948•1B02 ;�r, e 0 SMARLOOROLIGH 0EVEL13Pa1EA7 CORPORAr10\ July 14, 1983 H City of Rancho Cucamonga 9340 Baseline Avenue Rancho Cucamonga, CA 91101 Attention: Lloyd Hubbs Re: Tracts 12021 through 12031 Gentlemen: We agree to the inclusion of Tracts 12021 through 12031 in the city -wide Lighting and Landscape Maintenance District. Very truly yours, MAR DEVE "' CORPORATI011 Paul �nes Vice President - Engineering PUB /s1 ONE CENTURY PLAZA 2029 CENTURY PARK FAST SUITE 15:0 LOS AN.OS.ES CAVFOAV•A90087 (2101553.51 ?1 0 TOWN E. COUNTRY OEVELOPMENTS March 8, 190 1ut1R . 0 1:2 i M.R. JOE STOFFA Cpy OF RANCHO CUCO1.1011..1 City of Rancho Cucamonga 0 T '09 9320 C Baseline head Rancho Cucamonga, California 91730 Roi Tract 12184 - Letter of Intent Dear Mr Stoffas Please use this letter ae Town & Country Developments, "Notice of Intention to join the Landscape and Lig! .- ing District." Very y�Zo RCJshs TCO 133 N. v P " O^�ew Cebf I w aasee (7141 GR7 307O ONIdAdik M. J. Brock & Sons, Inc C913 GIe'"s 1LAnOSs Greenbrar (anb Sure 771 Brca Ca 9 57! 7141 Ill 579BIA July 15, 1993 Lloyd Hubbs Engineering Department City of Rancho Cucamonga P.o Box 007 Rancho Cucamonga, CA 91730 Re: Tract Nos 11173 C 11173-1 t' 0 Dear Lloyd: Please consider this letter our request for Inclusion in the City of Rancho Cucamonga's Landscape Maintenance District No, 1 within whose boundaries the above two referenced tracts Ile Additionally, we request that your office send to us a latter with an estimated annual Ycost per individual lot owner within our project in order that our sales personnel will have a somewhat accurate number to relay to our prospective home buyers I believe that our lot owners will be paying a somewhat reduced assessment because there Is a hon,ea hers association for the project which will be maintaining perimeter landscaping which falls within the resin of Landscape Maintenance District No I should you have any questions, please do not hesitate to contact me Thank you for your attention to this matter Sincerely. 4: P ' Les Thomas 4 Project Manager ;a n it May 24, 1983 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga P.O. Box 1807 Rancno Cucamonga, Ca.,91730 Ref; Tentative Tract 111144 Dear Mr. Hubbs of We are the developers 16 buildings totaling 62 units tone i approx. 514 n 0 acres located on vineyard Ave. south of Foothill Blvd. in the City of Rancho Cucamonga, Calif. We agree to have the tract included in the "Gpecial Assessment District' for landscape and the "Special Assassment District" for lighting, as provided by the City of Pincho Cucamonga, Cal. Sincerely, Tac Development Corp. c a ^/%. �/ /. L Mr. T. A. Christenson President ® hm; 3, .733311ELULUNANS . IL IX CIIOCUCA .NIOXG,I.CALIPORXLa91730 • (714)989.1725- M I r DI CHARLES ROY CONSTRUCTION, INC. 3401•A East ChaOinan Avenue Orange. CA 92669 (714)633.0336 November 3, 1983 Cit) of Rancho Cucamonga P G Boa Sri? Rancho Cucamonga. Calif. 91730 Dear S-rs: lte agree to the incorporation of our project "Alta Loma hoods" T 1 12305 into the Ctt� Landscape and Lighting Dittr:ctts) O,,,rles Rot / General Partner Alta Loma floods Associates II S/ gy RESOLUTION NO 82v81= 0:iCR -" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12023, 12024, 12025, 1218, 11173, 11173 -1, 11144, 12237, 12231 -1, 12237 -2 AND 12305 WHEREAS, the City Council o' the City of Rancho Cucamonga did on the 4th day of Januarv, 1984, adopt its Resolution of Intention No. 83 -227 to order the therein described work in connection with Annexation No. 1 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 83 -227 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of sold Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement ", was duly and legally appears l frome them Affidavit of Postings said notices bean file qIn rthe boffice bf the City Clerk; and WHEREAS, after tite adoption thereof, notices of the adoption of the gesolution of Intention were duly mailed to all persons owning real property Proposed to be assessed for the improvements described in said Resolution of Intention No 83 -227 according to the names and addresses of such owners as e same of Rancho aCucamonga ,twhI :hssaidicopiesrwerekduly mailed inttheltline, form,Cand " manner as required by lav, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and " WHEREAS, said City Council having duly received considered evidence, documentary, nd concerningt enecssitycfornthehc ntemplatednworktandn thesbenefitsintoobe derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 83 -227, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved, ancr— SECTION 3: The assessments and method of assessment in the ® Engineer's e porttaare hereby approved 3� SECTION 4: The assessments shall not hegin until after 60 percent of said tract�iave been occupied PASSED, APPROVED, and ADOPTED this 1st day of February, 1984. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk jaa 11 Is Jon 0 Mikels, mayor 35 0 0 E Engineer's Report for Street Lighting Maintenance District No 1 Annexation No 1 SECTION 1 Authority for Report This report is In compliance with 1, Division 15 of the Streets and iLardscaping and .ighting Act cf 1972) SECTION 2 General Oescriotion the requirements of Article a, Chapter Highways Code, State of Califc,nia This City Council h s elected to annex the tract! enumerated In Exhibit "A" into Street Lighting Maintenance District No 1 The City Council has determined tnet the street 110111.5 to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights are Work to be provided for with the assessments established by the district The furnishing of services and materials for the ordinary and usuel ma I ntenance, operating and servicing of street `fight improvements on arterial and certain collector streets improvement maintenance is considerm of general benefit to all areas n the District and cost shall be livided or a per lot basis In the case of condominiums with ai space ownership only, and apartments, a dwelling unit shall be considered to be -refit the same as a lot SECTION 3 plain, find Specifications The plain and specifications for street lighting have been prepared by the developers The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Divi,ion Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for st eet lignting improvement on the individual development is hereby made a part of this report to the same extent as If said plans •nd specifics were attached hereto Detailed maintenance activities on the street lighting district Include: the repair, removal s replacement o all or any part of any improvement, provlAing for the illumination of the subject area. SECTION 4 Estimated Costs No costs will be iecurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, It Is estimated tnat maintenance costs for asse "ment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. The estimated tots cost for Lighting MOL'te,,anc° District No. 1 (including Annexation No. 1 comprised of 463 lots and 16 9500L street lights and 11 5600L lights) is shown below• i' 1. S.C.E Maintenance and Energy: No's % 12 2. Costs per dwelling Unit . 8.41/year/unit Total Annual Maintenance Cost ' 1515 8�•�. No. of Un is n U strict 8,41 divided by 12 ' 0 70 /mo /unit Assessment shall apply t0 each lot as explained to Section 6. ® SECTION 5 A ess,e his report and Copies of the proposed Maintenance Otstrict ho. 1', Annexation No. 1 Assessment Diagrams are attache o labeled 'Street Lighting These 0laStree are hereby Maintenance within the text of this r'fper In SECT.OrI 6 Assessment s general 'aenefttfo o each all for the District are found to be of shall be equal parcel of •mplovement per lot or P more than one dwelling unit D dwelling units with to the District and that ds5 e55men unit where there is the asses assessable ^land ' dwelling units per r lot c or l parcel. parcel shall he proportional sment tb the num. er o future developm ent shall be annexed to the it is proposed that all District. SECTION 7 Order of Events instituting proceedings City Council adopts r.so jtion of Preliminary � of City Engineer's 1 preliminary 2 City Council adopts Resolution of Report ntention to annex to District and sets 3 City Council adopts Resolution of I public hear'ng data 3s ate'* ----75—ant ty Lamp tze' 8.75 �Sb L 56 58001. 'N gn ressure od•um apor Tom Rate Limos 9,979 20 % 9 90 84 ' 5,880 00 56 % 8 75 % 12 No's % 12 2. Costs per dwelling Unit . 8.41/year/unit Total Annual Maintenance Cost ' 1515 8�•�. No. of Un is n U strict 8,41 divided by 12 ' 0 70 /mo /unit Assessment shall apply t0 each lot as explained to Section 6. ® SECTION 5 A ess,e his report and Copies of the proposed Maintenance Otstrict ho. 1', Annexation No. 1 Assessment Diagrams are attache o labeled 'Street Lighting These 0laStree are hereby Maintenance within the text of this r'fper In SECT.OrI 6 Assessment s general 'aenefttfo o each all for the District are found to be of shall be equal parcel of •mplovement per lot or P more than one dwelling unit D dwelling units with to the District and that ds5 e55men unit where there is the asses assessable ^land ' dwelling units per r lot c or l parcel. parcel shall he proportional sment tb the num. er o future developm ent shall be annexed to the it is proposed that all District. SECTION 7 Order of Events instituting proceedings City Council adopts r.so jtion of Preliminary � of City Engineer's 1 preliminary 2 City Council adopts Resolution of Report ntention to annex to District and sets 3 City Council adopts Resolution of I public hear'ng data 3s n U 5171 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5 Every year in Hay, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments i. 0 EXHIBIT °A' 0 1 Properties and improvements to be included within Annexation No 1 of Street Li;hting Maintenance District 1: Tract No No of Dwelling Units Prteri-O Lights 12023 33 0 11024 34 0 12025 40 0 12184 32 0 11173 -1 70 5 11173 41 8 11144 62 2 12237 12237 -1 12237 -2 86 10 12305 59 2 aI C, ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 1 TR 12023 TR 12024 TR 12325 w; CITY OF RANCHO CUCAMONGA n' I COUNTY OF SAN BERNAR�DINO A ' e 0j p STATB OF CALIFORNIA �T c; 6 1; l Im 1 1 Mn Y100! PITY ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 1 7R 12184 — - — i • .1 . t i s � --r~ [• ri f r _ a 11 CITY OF RANCHO CUCAMONGA title; � COUNTY OF SAN BERNARDINO r � a i3 STATIC OF CALIFORNIA Y -- y Date ASSESSMEIT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 1 11173 6 11173 -1 � � 4 c�.r> I,n _ I I L,:,4 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA — N + 5 p •� .j p�•.y �� - . c�.r> I,n _ I I L,:,4 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA — N • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.I ANNEXATION NO. t Tit 11144 CITY OF RANC:i0 CUCAMONGA M� COUNTY OF SAN BERNARDINO M�3 ,3 STATE OF CALg'ORNIA i cm� i LLOYD NUE05 CITY ENGINEER R CE238E9 DATE • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO, t _ s m off® ,••. ® `,- .1 i • �" �' Jam` TRACTS 12237, 12237 -1 and 12237 -2 CITY OF RANCHO CUCAMONGA � title, .�� COUNTY OF SAN BERNARDINO - ��STATE OF CALIFORNIA_ 1I1►�,�IT fm LLOYD HUBS$ CITY ENGINE R RC 21849 DATE — 0' {e t u� li •w TRACTS 12237, 12237 -1 and 12237 -2 CITY OF RANCHO CUCAMONGA � title, .�� COUNTY OF SAN BERNARDINO - ��STATE OF CALIFORNIA_ 1I1►�,�IT fm LLOYD HUBS$ CITY ENGINE R RC 21849 DATE — 0' {e ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.I ANNEXATION NO. 1 Tr 12305 CITY OFRANCHO CUCAHONOA A n4j, COUNTY OF SAN BERNARDINO 3 BTATS OF CALD ORNIA j �! im i i nvo MuBB3. CITY ENGI_ ER RC 23089 OKTE OygY6�CR RESOLUTION t1O• RAN'HO A a< SOLUTION OF 1H1HEI'AORY' INTENANCEIDISTRILiT aCT2t050 CUCP>iONSA ORDERING ENGINEER REPORT FOR NO 1 jr .TREEi LIGHTING THE FINAL 0 12237 -2 the ACCEPTING 12237 -1 AN Cucamonga did 63 -229 to 12134. 12237. of Rancho the City intention No D3 -229 to Council of lotion of nexation NO ntion No NYEREAS, the C' 934 adopt it, Reso n w ;th An tion of required ibed work in connect Nhieh Resul and manner as nt 4th day of January, ib the time, form mention the tnerein dezcr District No. 2+ order ynanterance ofhed said Resolution of I hung 'u legally PIt of 83-229 was d',IiY Publtcatd° o of said the of Clerk; a^ the Passage legally pylaw, shown °jffice of the City notice °f was duly and nn file �n the icon thereof, uired law, as after the adoption of laea number�as reR, oY notices. c^ file �° Lhe office of NHEREAS, location, Son of li e. f,�n' manner, 0.esolut the time, Posting said Lion of the posted In Fff id avft of the adoption property of ears fv kheand lion thereof, notices sons owning real in appears city the adoption all p said Resolution ez after duly mat led t0 dezcr Abed in such owners the Litt NH of Intention were imProve^aem^es and adovesses °Clerk of and for the City, time form Resolution be assessed the as known to the the Proposed to 83 -229 acccrdi�n ailing duly mailed in of Nailing on file In on the last copies we fe the Affidav It intention No ears from the sale aC which asi�ppea of Rancho Cucamonga. law. idered evidence, re4 °fired by ,erk; and duly received cons roceedi nO °abe mannaffase of the City C• in this D the J City council he tis acts the benefits S the Ju'emplctlon work urfsdiction to RHEREAS, Concerning ContemDiate� acquired .) documentary. the , having now oral and necessity for AtY Councl, the City the the derived herefrom and said Council of feQuires derived Proposed work. City council order the P resolvedest the convenience City lion of It is hereby and SECi� that the PublA ordering of the work, An said Resolu Cucamonga District and the o forth and described Rancho work+ as hereby finally annexation t0 that the done and made; and Engineer is hereby orders 83 -339 he the intention No the ReV °nt f +ed by A. the SECT, 2 method of assessment �- aPDnoveJ; a nd .m, assessments an SECTION _21 re he ^P °y appr°4ed• Engineer's Repo fJ ,4'1 SECTION 4: The assessments shall nct begin until after 60 percent of said tracts ave been occupied PASSED, APPROVEO, and A.^OPTED this 1st day of February, 1904 AYES: NOES ABSENT ATTEST: auran N. asserman, ty L er jaa I* on .e s, aycr w S CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No 2 Annexation No 1 SECTION 1. Authority for Report This report is In compliance with the reo-ilrements of Ar I -le 4, Chapter 1, Division 15 of the Streets and Highways Code, Stat. if California (Landscaping and Lighting Act of 1972). SECTION 2 General Description This City Council has elected .d annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance ,strict No. 2 The City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights Work to be provided for with the assessments established by the district are: the furnishing of services and ma,erials for the ordinary and usual maintenance, operating and servicing of street light improvements an local residential streets Improv!ment maintenance is considered of general benefit to all areas in the District and cost shall be divided an a per lot basis IL the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as i lot SECTION 3 Plans and Specifications The plans and specifications for st -eet lighting have been prepared by the developers The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division, Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas The plans and specifications f)r street lighting Improvement on the individual development is hereby made a ,)art of this report to the same extent as If said plans and specifics were atta:hed hereto. Detailed maintenance activities on the street lighting district Include; the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4, Estimated Costs No costs will be incurred for street lighting improvement construction. All Improvements will be constructed by uevelopers. 8ascd on available data, it is citimated that maintenance costs for assessment purposes will be as Indicated below, These costs are estimated only, actual assessments will be based on actual cost data U: S The estimated total cost for Lighting Maintenance District No 2 (including Annexation No. 1 comprised of 118 I..ts and 41 street lights) is shown below: 1. S.C.E Maintenance and Energy: Lamp ize� want ty Rate-- b8UOL •H g re,'Sure la um V for '•SCE Schedule L$ -1. A,l n'ght service per map per month, effective January 1, 1983. Lamps Rate Ma's Total 193 X 8.75 X 12 520,265.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost • 20 ` 265.00 r 34.30 /year unit No, o units n District - 591 -- O34 30 divided by 12 • 2.86 /mo. /unit Assessment shall apply to each lot as explained in Section 6 SECTION 5 Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2 ", Annexation No. 1. These diagrams are hereby incorporated within the text of this report SECTION 6 Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and t•:at assessment shall be er it for each unit Where there is more than one dwelling unit per lot u, parcel of assessable land, the assessment for each lot or parcel shall be proportiunal to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7 Order of Events 1. City Council adopts resolution instituting proceedings. 2 City Council adopts Resolution of Preliminary Approval of City Englneer's Report. Liz 3 City Council adopts Resolution of Intention to anrea a District and sets public hearing date. 4 City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings S. Every year in May, the City Engireer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and apprnves the Individual assessments EXHIBIT "A" eProperties and improvements to be Included within Annexation No 1 of Street Lighting Maintenance District 2: Tract Nos No of Dwelling Units Local Lights 12184 32 1' 12237 12237 -1 12237 -2 86 30 0 G 7 a ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO„ 2 ANNEXATION NO. t Tit 1218+ - -- I f t .i i •1 i •I _ r M _ I 1) f 1 �jI 'Ir_1_ t• d i , t I - •1 1 �. Y _ ' )) I 11 I t •1 CITY OF RANCHO CUCAMONGA title; t {L COUNTY OF SAN BERNARDINO —. L— STATE OF CALUORM im LLOYD NJ889 CITY ENGI R R .XSg DEE 111 page • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 oc c•% �p •3 ANNEXATION NO. 1 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO ;iS 12237. ) ? -1 and 37 -2 title; A N n�ge w C'I ORDINANCE NO. 65 -C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM04GA AMENDING CHAPTER 14.20, SECTION 14.20 110 OF TIT'.E 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE WHICH REG'J4.ATES SIGNS, TO' ELIMINATE THE TWENTY (20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. The L4ty Council of the Ci:y of Rancho Cucarwnga does ordain as follows? SECTION 1: Section 14 20.110 of Chapter 14.20 is vrended to read as follows: t ^• '�_- --^rim P............r, -- .ar...,...............rr..� i y.. M; HVY Y1 LLY, Yl \ \W r+.M� •,.arty w1 rdY _V\Y.r'1 `r� r�r rt• r�l \1 �Yt u L ��wYil M1y6W���tt.]�I.1L.1 YIrMw�e _ f 4��.s..V ML•�•••1 W �. .e w tirrr er.r.r w.+f rr.,r J SECTION 2: The City Council finds that this amendment will nut adversely affect the eniirortwnt and hereby iwues a Negative Declaration SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published w4thin fifteen (15) days after its passage at least once in The Dail Ry e0art., a newspaper of general circulation published in the City of Ontar o, 0rnia, and circulated in the City of Rancho Cncamonn3, California. PISSED, APPPOVEO, and ADOPTED this _ day of 1903 AY:3: NOES: ASSENT: 5.L ORDINANCE NO. '2f1 .lq ' lCCALIFORNIA CITY CITY HAPTER RANCHO 08, AMEMINO,TITLET17. CUCAi40NOA, -B AND C, OF THE MUNICIPAL CODE, T' FAMILY TABLES 17.08.040 IT For A CONDITIONAL THAN 90051DUARE FEETINGLE DETACHED the City of Ran.. ^ho Cucamonga, Califonria, daes The City council of ordain as fol'ows: -0 is amended 0-B is to require a Lor�dttiona Use feet within SECTION 1: Table 17 08.040 f detached less a dnilY than g00 square Exhibit Permit for s{ng the VL, L, and LM Discr Scts, as shown to attached Conditional Use 2: Table 17 08.040 -C is amended to require a feet within SECTION family detached dwlnlattachedsExlhibit�g +square Permit LM, and M the L. this amendment l ot cause SECTION 3: The City Council trnnm nt and hereby izsues an Negative a verse impacts upon the enly significant Declaration. Mayor shall sign this Ordinance and dathe ys sCafter fits SECTION 4: the 'the to be publlstaed fifteen circulation cf ® shall cause a newspaper general circulated in the City of passage at least once In The Re oat, ornian in the City published Rancho Cucamonga, California. _. PASSED, APPROVED, and ADOPTED this _. day of Y AYES: NOES: ABSENT ATTEST: Lauron M Ha;Serman, City Clerk kep on a s, aYor �S , EXHIBIT "A" TO OROINANCE 211 -A Sk. • TABLE 17-08-040-B BASIC DEYELOPMEHT SPAHDABDB ova •5wa.1.R.m n. L LM Of No If w Mast. N.I Ar W 111,5" 4"0 SAIO MIR MIR UIR Mucus Sol VIAN 1.300 mat 10.00; MIR MIR I Mva� t 0••04 U tte Vo 1• VOW UI to UH UP Li y IO.fmU.O W l i 1 1 t mGUuNM,, D.OUSSM cats GUN, 1bueM0 bWR mm410 tmwO NCgti W dsw�a Saw. 11u"1 Sun. Gun. Sun. 10 Wit MIR ar•0WU I MS '•r1110 ".a Orgu MIOVU ilbwm w`,ula 100 70 " 15 SIR MIR 14wsm ftm I" In H IN MIR MIR 1hm. f .W. f0 b ]0 la MIR MIK l0 r.% U.0 Mn DUw flau]• " " I0 IS MIR MIR (0 floral pr.<.1.a Oro) . LO•sv I., Tod"'• SO., Sun. IS., It.,. NIX KIM rM1tf ".I rM.l "'I C•rgrt Lb TMC IS I5 10 II MIR M K Nlme Lb TW lots 1,10 10° NIR "R 4u TU0 " " 11 lot "'K Ndl O )Yn•I. ]U..l If• C• Il• fl f� f• Irwnu, Ml ro I.s WN At W. "15 " 5 Jul 1:0 I0 I1" l• SAO Lt• R.. em Aei•Yay K'AIJ t•Mmlul &PCIALM a1p�R11oIM� ham to Y Rl MIR S'■ I1 " " f0 Olnn "'A M R 10 O Ii p aNI"111s1YtbM 11 as if "f lot If( 1• Ifq 10% 110% "q SOq 14q t,ocC Dpe Of. I•pul" MW. Lpp. gout ul01MIR loss," R aN 111 315.150 100 too 111 too IGrsuM F w' Uppn a"" UMl1 Q... Dpn go.nl MIR MISS M.A 10% 110.. 30% US... ql I;' l ca nS'.•( 41% 10% 19% i1q if, if\ IM1lnl.16 .w WY6f A FttiRI] RIR M A M K ■p w m f.. Ir too," ]alMSM"f I I 6 It O .o w 5.. 11.01011 1 1. 4wmK Iwro MU, fN.^,•l -nU arM wmlu L N "•YWU fNp U..to (111Vf +aY lro I. vwua.. fr.n1111u Mw.b (WLNpI n l..USm It 0111>•N L AN to fnl d 4"on,lo WI_ L M LM disum • W 111Y111 I., f"IO p M a O.Ux r'.'WYpa1N N4. L<NAAS7 L Wu I Sun - 11A,n" as" of TL a• L tht., �aq /�wyyT•�lN IoR0e�uq•�ORU�I ✓Q�IL�IW.. NNI U.S. 1p 1pyr 10. y1WffM1 +Y 0 nYI. IM 6Y..00.C.ro1l.M.l D� I�fT —ILIro Sk. EXHIBIT "B" TO ORDItULtICE 211 -A TABLE 17.011.740 -C OPTIONAL DEVBLOPFSSHT STANDARDS m-"ANW",J) L W M MR a M MbA SAC SAC WA MIA NIA dal Vwuuw np.mlbMOAM f.NY).ueb.lnau MIA NR �� IMM.nun Mtl M.Nev.f DN.UTA IhIMC W b UP'. L' b U01a L'i U 01 (Sir.... pw.tnl 1 I 1 11 IfYAM.M D.+.UIR (MYt AMA $..U,Ar -1 K MONIV 000.0:V IOMRI will. S rmil Owes.. AIR AIR M... "A" Vwu.nn ,.lb RW. IC ..0u1.1 fret wb.al 4w*vn D.pb Vtn.l.in n'R.1!On.M. boll YnuNIN NIR NCR I.o.l local fVM Wla H•t1c 30H I0 »3 SS )p luw.t.'n'+41 f• Sc f� Y tm.0 fu «t Tac (rVUab. W16 eiJNl U'3 301 S1 101 fG 201 fc Al tnl. b 3 Su. A.w�) ID..Wnf "it Atn.w'r'/ 91,11 I RAaO.cIW fWm; Ipnt b Rant 31 if N R M R V 0. 0. 10 10 N R M R N R 11.0111MIUtYMM 35 If IS• tic llc ^O,,.1. Oita I,.n 1000.$ a I" ISO III ISO 110110 tic b^ ICK.t1 It. C".. CO. SO ... 3 S\ 1• 31♦ U• 311 mw..* .I L•tn:. Opp Apt.. 10. tf. 40l .<Y 134 I...... ".1 ,W 4avOm AtW lwJtb P14 Rw tw p$s.pt li 'wrap 1 0104" LR / Apun1 pr+tn\ b S.tup l .02 010.1 I tSam IAMdS ft u� SWt.. i-.Ot Iti•L dV C. Obit MIA R.TMrp potato+ u U.U. 1. 01010•H N.MM Y9 Vnr\4. 0 .0 nwtl Vin WY1.IIPw.r Mlw b 1.MC P.Of 44" fw.eb pb.n e pm11 «twt.,A. fO /Kt of VL w L DUt"t 6 AOO It lwt ftll.n.I b VS. L w LM IYVQL SA. in 11 Ip\ r O. y. .f Yf.&M.p bbn.ur pr V. bNr W.n.n IK1.wK 1Atl.bH'V M11n\wlw tl.rl Vr .... ^.. eI. KM sA AIL /f��\ C 5 I ORDINANCE NO. 83= 18 =O3-CO al<v AN ORDINANCE OF THF. CITY OF RANCHO CUCMIONGA, CALIFORNIA, REZONING ASIOES011 ARROW HIGHWAYI,rBETWEEN TURNER pAVENUE THE DU /AL) TERLO'A MEDIUM FROM MEI NTIA L (4 -8 DDU /AC) ENTIAL (B -14 The City Council of the City of Rancho Cucamonga. California, does ordain as follows: tty Council hereby finds and determines the SECTION 1: The C following: of Rancho A. Cucamonga, the Planning Caaa public of the hearing hold Cucamonga, following a Pub11c law, re ommends the time and manner prescribed by rezoning of the property hereinafter described, and i, the this City Council has held a public hearth ar�d and time and manner prescribed by law and duly considered said recommendation. B. Plan ands Develop^ents consistent with h General rezonin of Ranch0 • Cucamonga. C. mpact asnProvided lnvthe NegativecDeclaration filed This zoing 111111 hae no 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 sizerlocat d on the west side ofr Center lAvenue, between Arrow Route and 26th Street is hereby changed Medium Residential Density Residential (8-14 du /ac to Low Medium The Mayor fall signbthisdrwiithtn fifteenC(15)Oldayssafteraits the same Passage at least once in The DailtyReoar0ntario�s Cal California, circulation published in t e circulated in the City of Rancho Cucamonga, California '& .I • PASSED. APPROVED, and ADOPTED this 18th day of January, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mikels, Mayor Lauren M. Wasseman, City Clerk /Jr v CITY OF RANCHO CUCAMONGA MEMORANDUM J DATE: February 1, 1934 TO: Mayor and Members of the CiAy Council FROM: Rick Gomez, City Planner /Li/ /U SUBJECT: DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE N N nvujino Attached please find the amended page to the CaInark Development Agreement, per City Council direction at their January 18, 1984 meeting. lni. amendment has been reviewed and approved by Larry Persons of Calmark Development Corporation. 11 RG /jr Attachment El M -2li 49 ORDINANCE NO. 41- 1944GD E AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAIMONGA AND CALMARK DEVELOPMENT CORPORATION The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council 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 City. C. The proposed Development Agreeme.,t pertain Lo real property situated in the City and described as follows: Parcel No 2 of Parcel Map No. 5792, in the City of Rancho Cucamonga, '�nunty of San Bernardino, State of California, as per Book 59, Pages 74 and 75 of Parcel Maps, in the office of the County R ^carder of said County D. The City Council has held a public hearing on the proposed Development Agreement and notice of that public hearing has been given for the time 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 Deveropent 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 shall 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 taus —e tfie same to be published within fifteen (15) days after its passage at least once in The Oail , Re ort, a newspaper of gereral circulation published in the City of ntar o a ?5n Re and circulated in .he City of Rancho Cucamonga, California �9 Ordinance No. Page 2 PASSED, APPROVED, and ADOPTED this __ day of 198- AYES: NOES: ABSENT: ATTEST: n e s, Mayor tairen N. asserman, tY er kep (r 0 C= VELOPMENT AGREEMENT i 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 State of California ( "City "). - RECITALS ` This Agreement is predicated upon the following faces* 1. Government Code Section 65854- 65895.5 authorizes the City to enter Into binding development agreements with persons having legal or equitable i interests in real property for the development of such propert•, 2. Under Section 65865, the City has adopted rules a -i regulations establishing procedures, requirements and administrative guidelines for consideration of development agreements 3. Property Owner has requested City to consider entering into a development agreemet.t and proceedings and have been taker in accordance with City's rules and regulations. 4 City has found that the development agreement is consistent with the General Plan. S. On January 18, 1984, City adopted Ordinance 217 approving the development agreement with Property Owner and said action was effective on January 18, 1984. NOW, THEREFORE, the parties hereto agree as follows. 1. Definitions. In this Agreement, unless context otherwise 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. "Senior Housing Overlay District" is the zoning category created by City Ordirance 191 adopted April 20, 1983. 2 (, I f. -Target Tenant" Is defired as Individuals who are fifty -five (55) earsyearsor ode , or married couoies whose head of household is fifty -five g "Affordable Rents" - Rents charged will be affordable to individuals or couples earning equal to or less than eighty percent (80%) of the current County of San Bernardino median income as determined by the Federal Department of Housing and Urban Development, which rent shall on an annualized %) of theecurrent median income thirty purposes of thisfdefinition,, percent (305) rents charged for all one (1) bedroom units shall be subject to computat an based upon eighty percent (805) of the median income for i two (2) person household. Rents charged for all two (2) bedroom units shall be subject, to computation based upon eighty (805) of the median Income for ill households (4 or more persons). 2. Recitals. The recitals are part of the agreement bethic' the parties and shaTT- a enforced and enforceable as any other provision of this Agreement 3 Descri lion of Real Pro ert The real property which .s the subject of this greement s eescr. a more fully in Exhibit "A•' attached hereto and incorported herein by ^eference. 4. Interest of Pro art Owner. Property Owner represents That it has full legalt M io ire rea property, that is has full legal T^Nh lCrl to hos enter into this Ag ^ee.Ent, that there itonthetrealpDroperty , eandythat all other other interest in fee ownership agreeto who legal or thereeare tanyhhotdersrof deeds trust e l to senior to the lien of this OelopmentAgreenent the holdersf such deeds0ftrust have assented to the terms of this Ocvelopment Agreement in writing and agree to be bound by the provisions hereof. 5 Bindinc -.ffect of A reement. The burdens of this Agreement shall run with thj— eal ,v•oper y an s a. ind, and the benefits of artlfesAtoeiLent shall inure to, the successors in interest and assigns of the D 6. Relatlonshi of Parties. ertytOwner understood that thii that Property contractual resat tan; D 'etween y indcDendeat contractor and is not the agent of City for any purpose whatsoever. City s Auproval Proceedings for Project. On April 20, 1983, City approved It s nce Great ng a en or Ilous Overlay District. On April sdo ted a zoning designation of "Senior Housing Overlay 20, :983, the C 'y D applications by Property District" for the real property. The record of the aDP Co�rncil of City Owner proceedings before the Planning Commission and ecord iin in these on file in the office of City and matter-; are incorporated herein in full by this reference as though ® in full. Property Owner proposes to construct 233 ap artand other recreational the subject property�ia 6 lities, and 11 as are sc1ferparking h more fullysin he site amenities on -2- (, a Plan for Planned Development 83 -01 ( °Site Pian•) submitted by Property Owner and approved by City, a copy of which 1s attachec hereto as Exhibit "8" and incorporated 4erain by reference. The Site Plan includes various conditions of approval which are not changed, altered or modified by this Development Agreement uniess specifically set forth herein. 8. Chances in Project. No substantial change, modification, revision or alteration ma`y- Te mae-Tn—the Site Plan approved on April 20, 1983, without review and approval by City. 9. Term of Agreement. The term of this Agreement shall commence on the date first above written 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 comnencerant of the term of this Agreement, subject to the annual review described in paragraph 13 hereinbelow. 10. Restrictions on Rental Units. Except as set forth hereinbelow, all tenants, occupants, an res ents 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 who aref\Target Tenants without the City's prior written consent, except as set foth below. Person or persons not a Target Tenant may occupy an apartment unit if he occupies 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 sn long as the state of emergency exists; 101 i J 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 ai of ab'e renter seventy percent (70%) of all apartment units in the Project. (Said sonventy percent (70 %) of the apartment units are hereinafter referred to as "Reserved Units. ") For purposes of this provision, rent shall include both the amount cherged for occupancy of an apartment and any utility charges if utilities are riot separately 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 Owner 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 Restricted Units.) In the event that rents are increased for Reserved Units, a minimum of sixty (60) days written notice of any rent increase shall be provided to all affected tenants in Reserved Units and to the City. -3- c, 3 12. Maintenance of A artments as Rentals. During the term hereof and such extensions as may a agree to, a apartment units in the Project shall remain rental units. No apartment unit in the Project sha11 be eligible for conversion from rental units to condominiums, townhouses or any other 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 ownership of the Project would be transferred to a corportion ( "Co -Op ") or other entity which would then sell stock or some other cooperative ownership interest to a prospective owner or occupancy of an apartment or dwelling unit, provfded that nothing herein contained shall preclude the sale of the entire Project to a single purchaser other than a Co -op. 1 ?. Submission of Materials and Annual Review. a. Prior to the execution hereof, the Property Owner shall submit to the C ty the following information. (1) An analysis of the cost of the Project including land cost, constroction cost, financing cost, and so forth; (2) Tenant selection procedures which shall detail the methods of that Property Owner shall use to advertise the availability of apartments in the Project and screeninq mechanisms that Property Owner intends to use to limit the occupancy of the apartments to the Target Population. b. The Property 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 no later than Varch 15 following the previous calendar year. The report shall contain such information as City may then require, including, but not limited to, the following. (1) rent schedules then in effect; utility charges (if any); (2) project occupancy profile including age, income ciaracteristics of residents, number of automobiles owned by Project residents (Lotal); (3) listing of substantial physical defects in the Project including a desrription 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 provfded 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 may contain, but shall not necessarily be limited to, questions regarding mangement /tenant relations, maintenance of the Project, design features, general attitude toward the Project, and so forth -4- c! 14 Tenant Selection. Contracts and Rules and Re Motions. On receipt of an application or occupany In a Reserve in t, roperty Owsner shall determine the eligibility of the occupany under the terms of this Development Agreement. Property Owner shall be entitled to rely on the information contained In the application sworn to by the applicant. All agreements for rental of all apartment units- in the Project shall be to writing. The proposed rental agreement or lease form for the Reserved Units shall be provided to City for its review and approval, a copy of which is attached hereto as "Exhibit "0" 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 t nut t e termination being deemed an eviction under the following circumstances: 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 by 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 Reser "ed Unit other than those listed in this subparagraph shall constitute an eviction Property Owner shall only evict in compliance with the provisions of California law and then only for material non - compliance with the terms of the rental 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 and regulations a copy of which is attached hereto as Exhibit "E" is hereby approved. 16 Local Resident . Preference shall be given where possible to applicants to the Project who have been residents of the City of Rancho Cucamonga. This factor, however, shall not be given any prio,ty over the other elements of tenant selection in paragraph 14 hereof. 17. Hazard Insurance. Property Owner shall keep the Project and all improvements t ereon nsured 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 Owner may determine. During the term -5- vs S hereof, the Project shall be insured to its full Insurable valve 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 sole 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. In order to insure that maintenance of the project s pi— erorme n attar ante with the maintenace plan as outlined in the Senior Housing Overlay Oistrlct administrative guidelines and in this Development Agreement, Property Owner shall either establish a landscape ma "tenance district pursuant to State law and City ordinate or regulation or, at Property Owner's option, post a maintenace deposit or other legal security reasonsbly 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. Soecific Restrictions on Develo ent of Real Pre e�rry. The following specific restrict ons s a a so cover t e use o e rth eal property: Project. a, only residential uses of the real property are permitted in the b, maximum density of residential dwelling units In the Project shall never be greater than 30 dwelling units per acre. feet. C. the rle.ai:aum height for each of the propo ed buildings shall be 35 d, maximum s4ze for all of the buildings and the proposed square footage for each cf the apartment types located therein is set forth more fully on Exhibit "8° attached hereto and incorporated herein by reference. e. provisions for reservation or dedication of land for public purposes are contained in the conditions for approval of Parcel Map 7827 and are incorporated he ^ein by this reference. 20. Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, emp oyees and representatives hamless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise 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 hold Property ldharmlessagr w c v e eementappliesto all dam n i h e ages and claimsfordama Project. damage suffered or alleged to have been suffered by reason of the operations referred toin this Development Agreement regardless of whether or not the City prepared, supplied or approved the pima, specifications or other documents for the Project. -6- 1, ' 4J 21. Affect of Develo ment A eement on Land Use Reguglatl�ons. Rules, regulations, an o c e policies govern ng permitted uses ui— the real property, the density of the real property, the design, improvement and construction standards and speciflcationf applicable to development of the real property, are those rules, regulations and official policies in force at the tine of execution of this agreement. It is understood that City may grant Proeprty Owner a dwellino unit density bonus, may reduce its requirements for on -site parking, may waive its requirement for covered on -site parking and may reduce and /or waive other fees is an incentive for Property Owner to construct the Project and for both parties to enter into this Development Agreement. 22. Develo ment incentives. Pursuant to paragraph 21 of the Development greement, e City 4111 grant property owner the following development incentives fer development on the subjec' property: a. fie Beautification Fee levied pursuant to City Council Resolution 79 -1, Section 7.0, will be waived in its entirety. b. The maximum density per acre on the subject property shall be increased to 31.: dwelling units par acre. c. The maximum number of required off street parking spaces shall oe lowered to .7 parking spaces per dwelling unit d. The requirement for covered parking spaces will be waived ir. its entirety. e. Payment of both the Drainage Fee and Systems Development Fee by the property owner will be deferred tnd will be payable con:urrently with the occupancy of the first unit on the subject property. The fees will be based 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 of 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 Improvementr on the subject property. f. The property owner will be reimbursed for certain off -site construction costs set forth below from the City of Rancho Cucamonga Redevelopment Agency Affordable Housing Set Aside Fund, Those off -sit= construction costs will include the following: (1) Construction costs for initallatier of a storm drain line along Archibald Avenue to Base Line Avenue approximately 390 feet, (2) ComPleLion of off -site improvements on the west side of Archibnld Avenue including street widening, paving, curb and 9:1tter from Lomita Court to Base Line Road. -7- L7 Property owner will provide for City review 61d estimates with such documentation as the City 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 ay 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 in connection with this Development Agreement. Property owner acknowledges and agrees that amounts collected win 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 the reimbursement process to the Development Agreement •nd has advanced City monies for reimbursel, which City monies will be reimbursed to City by future property owners. 23. Enforcement. In the ev,nt of a default under the provisions of this Agreement y roperty Owner, City shall give written notice to Property Owner (or its successor) at the Project, or by registered or certified mail addressed 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 given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be curred within ninety (90) days (provided that acts to cure the ;,,;ach or default must be commenced within said ninety (90) days S and must thereat,ir to delinquently Pursued by Owner) then the City may, without further notice, declare a default unoer this 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 rourt, 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 this 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 Developnent Agreemnt would be irreparable and that it would be extremely difficult to asLertaln the amount of compensation to City to afford adequate relief In l -ght of the purnoses and policies advanced and satisfied by approval of the Project and by this Development Agreement. 24. Event (if Defiiult. Property Owner is in default under this Agreement upon the i� appen n'g--o? one or more of the i'ollowirg events or conditions. a. if a warranty, representation or statement made or furnished by Property Owner of City 1s false or proves to have been false in any material respect when it was nude; b. if n finding and determinatior. is made by the City following an annual review pursuant to paragraph 13 hereinabove upon the basis of substantial evidence that Property Owner has not complied in good faith with any of the terms ind conditions of this Agreement, after notice and opportunity to cure at described in Paragraph 23 hereinabove; c. breach by Property Owner of any of the provisions or terms of this -8- L'S Agreement, after notice and opportunity to cure as provided in Paragraph 23 hereinabove. 25. Proceeding Upon Default. City does not waive any claim of defect in performance by roperty e-R on periodic review City ues not modify or terminate this Agreement. Nonperformance by Property Omer shall not be excused because of performance. by Property Owner of the oaligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than the City. All otrer 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 breach 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 any other or subsequent breach thereof or default hereunder. 26. Rights of Lenders Under this Agreement. Should Property Owner place or cause to be placed any encum randi a or —lien on the Project, or any part thereof, the benefict+ry ("Lender*) of said encumbrance or lien, including, but not limited to mortgages shall have the right at any time during the term of this Agreement 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 dore 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 law 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 Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to d power of sale contained to the Trust Deed; (2) acquire and succeed to the interest of Property Owner by virtue of any 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 this Agreement shall give written notice of any eau t er reac 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 °snt of money; b, cure the breach of default within ninety (9u) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or c. cure the breach or default in such reasonable time as may be required where something other than money is required to cure the breach or default and cannot be performed within ninety (90) days after said notice, -9- (9 provided that acts to zure the breach or default are commenced within ninety are)thereaerioddafter se vicentinued by notice if default on Lender by City and 211. Action B Lenderorestallwany tactton other provision b each of this Agreement, a en er may todfoecloseeitsf encumbrance or lien on Projects The riproceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a paver of sale contained to the instrument creating the encumbrance or lien. The proceedUrgs 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 tha notice described hereinabove; Is . they are, after having been comnen,:ed, diligently pursued to the manner required by law to completion; and c Lender keeps and perform- all of the terms, covenants and ns hil ruherce expenditure money re Property Ownerunti he foreclosure proceedings are complete ora discharged by redemption, satisfaction, or payu-nt. £9. Ltabilit of Lender. No Lender shall have any liability under the terns o [ s greemen>: unless it acquires title to the Project through (� ttteltouthe Project subject ito the fobligations of a successor �to it shall the Property Owner as herein provided. 30 Rent Control. In consideration for the limitations herein provided, the City agrees tnat It shall, during the term .)f this Agreement, not take any action, the effect of which will be control, determine, affect the rents for cont located in rentsean the remainder ofithe that the the project. 31 Attorne s' Fees. In any proceedings arising from the enforcement of this Deve opment Agreement or because of in alleged breach or default hereunder, the prevailing party shall be entitled to recover the costs and attorney e determined fe incurred anCthe proceedilagaland astuih reasonable attorneys' fees a 32 Cumulative Remedies. The respective rights and remedies provided by cumulative andenthe exercise of any one orrrioreiofblsuchrrightstorsremedies shall not preclude or affect the exercise, at the same or at different 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. LJ -10- 33. Binding 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 Owner sells the Project and the purchaser assumes Property Owner's obligations hereunder accruing after said sale then Property t1, Owner shall have no obligations hereunuer after said sale is consummated. Yi 34. Recordation. This Agreement shall, at the expense of Property Owner, •i be recur e n e official records of the County of San Bernardino to s' accordance with provisions rf 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 y Development Agreement shall be liberally consrued to effect its purpose as set * forth herein and in the attachments hereto. Whenever the context so requires, i, the singular number includes the plural, the plural includes the singular, includes then masculine and /or feminine. an The time limits set forthr i gender Agreement may be extended by mutual consent of the parties in accordance with 9 the procedures for adoption of a development agreement. 36. Partial Invalidlt If any provisions of this Agreement shall be Invalid, ego or unen orceable, the validity, legality or enforceability of f the remaining provisions hereof shall not in any way be affected or impaired 1. 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 OWNEP: DY : ,��— Name CITY: CITY OF RANCHO CUCAMONGA CJ -22- rJ C� 1nJ EXHIBIT "A" (Legal description of the Project) Parcel No. 1 and 2 of Parcel Map No. 7837, Cucamonga, County of San Bernardino, State Book52, Pages a andZ5_ of Parcel taps, in Recorder of said County. 7 )- in the City of Rancho of California, as per the office of County — —� E%HIBTT B c � • I • ,� 'IT1, -a1 f �" e - 1 �. 04 t .v —J I U I ^� �0 • �' I n ���" IIII�III ' 11119!1 Ii•I I IQ( 1 I P I it °'II 0 111 D b ALHVR INIxIIl1♦N pANCxO CUCAYONOA S.r,nr�n �ti�ivFS 7 n. CH ArA.nur. ♦ j - �� OlY11ALOCCWAMC11 ... I...l, \ CALMAnK npupl no. EXHIBIT L amTT•Mq.Tno CALMARK REALTY MANAGEMENT, INC. APARTMENT LEASE THIS LEASE. I.I.Nas Items - NY of , D -. AT Na "tire n01NN11N Ullp `OwMr ILLSIOIII in0 _ n NSNNIN "I'M ttllaagi mum, "Al OVMCA.YVn1. iMe TENANT rdau hem in. 0YM101 to, YY0N1Y1 YY 0my. to. O.N.O.,pMVIn YAWpMnt ,!1_ �. GIIIOrNY, last the A.. Al t01hnYM. IM On PO NY el 19, Y the IpYI .0 Og11111, 11 YN InYIIY mNY 0" iM NYIW In OFIMe 010 Ne tlIY 01 YN ON Nery mMln 0YI1nI "'a ANN, Tne Wile/ !IM Y H IOIIOw 1. OWNCe NYNWINM rplpl light T[IIANT 011. Ym 011 111 ~j" Wbll. WINIn had In uyYl 1110, 1NTlnYIOn Ol lnll SenlntY.OHNCO"111NIYn010 TENANT the YOIKt HfYNry egNI110y tmglYt ! \eILIYIMIiOIY MgWry M1 .m TENANTS' ON!Vlll In Ine ",.I W.1. lg •001 Olm.viri IN- Nin1IY0 UYW All Me TENANT MyMe NMAN, ..wel no NA,. Ot 1. tNNO ANSI Y0htI1K ,Mn YITIn111On .1 IM IIMNOY. TN0 MtYI11I Mad"t It Mt to N Vtwllp.61NY OYIIn1 tM I.,N, Ol It le IYKm0n1. Snd10 tM lNVllry b00Y1. b enY ONtYn INN. el,b cuts" le Kul, "SIAM 6.11.1 %A. IN. N ml/tAilwenl. T "NIT qwO to nnml WIN, KOOYt OPIUM CWN CA! earn Ai to Onq Y.0 .tl1Y fPi v01µ INS N14MI OmOVn1 lMrNl. NO III.,., is 10 M Mw 0n .0 goolmy assi TENANT yTgl IO /,PIN 10OWNCh IA IO• MW OPwW tM OWNCY nits elate P fenvi NN Nont'" assi At lno Dow" ,MAIM, to Ib T[HANT. L had . -. eib IYYY 1111.1NmItYU FNI" NIOOPOO N N IONI YIO ONInIML 1 TENANT WII Not Plo its PAY F"i'nIMp1I1 Yw N Me VM el Ne OIg11ML "I'At TI \M A. MA"A". IMF m4Y6 All NtMMe .I1, A" plNlt t .-I 01 MINOb. TENANT WII µ0F 4n0 I.AmIlY+IP 111 I., NIA. If qYr Y!N 0110 ...,a a.. womnaNYM NNM. Roo 111M ... Y. TENANT O - 10 INN Oy .., in1MMn1\ 10 WN -AN.M IyNL^ OIFYp TENANT II ENO, TNlrry Yyl' INOMO "INN MIICI aI NYI Nq...Me WIN MIA. ire IYYM01i ina ..." 10 ill T1Mn1\ t11Ye. . 40011.1.1 Mos, N.'aA.MC 0Y IIOPr np MOi11L N'JIe11N1 /r IIIeN11N /VIII IN OOnO WIPWt OWN[II! MIN WI111N 0 "Ynl. S. TENANT p\m \oKtoe IS. NOnINL NIn Onlnp p.Ogo.c..gal tOSIIUOY. INS, Mel l "nO NI YM 10 M Y11HltIbY. NIOWnON6.IWlln1 !10 µ1.11U1 IONNIY/ !q 001NIIH11.41.1.1 L II INY. It InwlltOrlN lq YIKne01 NeIO NI eMn N \OKYO I'd IS OKmp YIIHltlo,, OY TEN. ANT YNIY TENANT nY NOlYl00. In OPrI11NT. Ip Ne UNNerY On NInM lnl llYNe01n11n10Y ' OI Y6" NN OOWTMt. 1. TENANT.NN\ 1. ..A IN. 01em1Yf I... Yn1111Yr And IN IMe MAPS An0 Pal MINI the to" All this MMY. 'Ad to Nlr"pN PO Yn01n 1'A. .A*.,,.. rYMy010 .1 And I., ...NOf6 T. TENANT 1110 lay 'µ, 1111AIIOVoN1 ,11111161 Only, 6. TAM un011YPip TLNANTI, nMlNll or hot In YNII pM1AU10A Or OAS DIS•NY1. Ir. $oin y IMO Pli thly IIe01e 101 HI Iql NLUIIN OYNn11n1 AN OI NN MMInNI.AN, 1., NI OInINI\ O Co. Oano... U N.A. N..Posta OI TeMs" S. Nllr NNY 1n011W11.1 1. II Pay ,g . IY's. OI NOUpIM N' 0eig., 01 ..,Not GAMY IO enforce ANY 0101 0f Imll ANlenonl. Inµ OrNWY6 $any Ne111KAi In lOeulO• 10 !II .11.1 x11111, rY/ON1OIitp N\. NNYllnl l'IOfn1Y 1 INA, wlle1N1101 Met A. 'MAN ONS 1pl to IYplhtim. le Th. OWNLA 11.1 lN'Ih. I10, ryN111F1 \, YM1i11411.1011N01pY K11 nil VIII INf ONnIHI N YY 01 AN ~t 10 Mlle nK1 /Yry 01 .I... Hlit. 10 YnlOrl IN. II1n1Y/ 10 eIOIONilt10f it1Yl, OYltni•NF IIIIAtL nNYMn N tNNISIYL [If101 In IN. YY 01 fTNINfY 01 1 OINNwM INNIYIYI 1. 4. 1.. IN. Y WA [ A In YI Mv0 TENANT Iwtn1Y•Igvt ,ill NNY IFlnte NNKI, Ino WII in1N avrinl Awm11 ANNA, ... NN11\ On,y 11. AY YIK 111W., AN". APNI.N t.A,',N lne n0YY 11114 g1NMnl i"A"Ory. I'd Yrvinl""Ne"N"'MY. 1 -A l0rm 0ot1 011NIl ANMn0n1. iS "'.&..M lno giNn.IY.M it"'.. On111NIN INI On VI AIMmNI NINtn IN. y111YL TNIg ... .O.......Y11GA. n O11101IWO n NYn• Il OWN[A MA., A M .try IN OiNe •1, INOyP n0 NWt 01 OWNCA. IMO .'IM/ UM01"O11NNq.,.A Qnnl... m\n 410. IN Intl..A'. Nl TENANT'/ 1.11 "III IYI. Ynlll YIA pW ItIN 11 ONq OI At$0...Illl011. 1A TENANT I\ 1)IAt10 nO 11", 10 wit N NNr INTO INY &real IInla t0 ONN IonNt /.111 OY1 IN., C.'N . U. Ir Nl TENANT Nill KOO.1 ANSI Ino uO,YIUn at IN. OIm ...w. von IN. IIIYnl It IM OWNCA.tgInNO pt IINOIIeO. /Ytn Ynl.A, 1t11 N IIO'n nOnlMpnenln OA". Ino All A NMwO AI..... AN TENANT IOY110 NY real AN, ... Oto., N11F1 &1 nVNyMM Or A...IM11N 0!p A.., Ina IIIp 10 AMOCO, wM 01 NONIIOnI n1NOl I., in. INN TCN PAT ..'a, V,P, In Nf I.At INI IM INIMY NUI10 OY IFI\ Alrllnlnl II OII. NMIIV A npntMinO11A I.N&n11 OI wT11I NIVAAIIV not I nM,M•IOttllllh Nnlnf V. NOYIO "CON'. 10.,M, IM wavall., All this 0... On, tnY mOAln.lynOnlA YAIKY m!, "INnlnllp0 OI.y OY IM MNnO of A Plrry 1101 My wrltHn Mello In IOOMI OY HIAN Soft, Nan,. 1e IN. .,A.,. 11. Cash !n0 All NFYOM, Nn01 NHI N SINGING YOGA IMO...Ym to INI ".III µ11M MYrL 11.µ101L AOnN1Y111011. - .INAML a, ...'A.$ OI OWNER. AMR IN ANN• e1KY1NL An0 IOPInN.UION 01 TENANT. IA, ..On I1..1Y1. OI TENANT a NY INgnmgl MY gNn OfN .,to to. OWNLA'S SMINN AOMM. 17. II fail W Y Umm1Me. O1.1 OMAN " A. n!N OI We NIM". mnl mm, " "0'YN le In. "mt bats asl IA. ... I OOnN. 11. OWNER 0611 A0t " 118410 t0 TENANT IA Oln.1L M! w., -". IN ANY Yn&N.IMOMVt.INO. N 011m col., '..'a ".. in, vi OI C.T.M.11.O,A., "[YYnll Or IM YO1 OYYOIn1, 01WO..m 01 " .... At..1 IYY... "foam. ,er0N11y.N KhoN. Y I.W In. OWN. CA Ym.Y r..M N.......ON OY , "tNt 1,600.. 01 YOP. IS. In m. N "t IM1 IN. ANNONI Pilot. ..to TENANT N. nNll 10 YM I OIIU. MY. WtA N.II " VYO.", .n0 UYyuvelY'a, IM ON... el .YONAMN.. 1. NNI Ab " YMa 1011. OyINN of ht.NIn1 NY IN.Y\ IM T..A AYIOmoOM,. NO ..Co.... I "N. AM1N YI NIe.1.Y mYlt N W.nq YO ITIMN- 1-11.1 IN- -..Vold OI TENANT N IA, Iy1pn00111 roll "OHY.O OII I. OIMIML EQ.... F OWNER at N, OrYN 01 any .... ...0.I110A µ11A "ANYTNI NNI hot pnN11.10 A NANer N WOWY...m.v, . T. .&.I• ..Ilia, 11 OWNER NMI NY Mfwt oI YYt.A....N.II Aat Oe tN11N001. vNN NY ,IN, 01 OWNER 01 h..I..Y AM'.. "N I.. OINYO• 01. I.,ln OI tonminNO N wN1tA. W IYYN Or 1610 NI&ull N NYN. In. OWNER may two 41 IOnm.... YO....... t A..tf.O..... 0, OWNER MI IOM. N, M All OI IN. I.A..11pK111.0 ON A fAl.,'•O.I NOIIM 1. a.Y Ad" OI ONI NNI AM GN to. OWNCM h., tOmn.ntml AN M'.- NO O.IAInc 01 "KONI N m"'N,.,On IM nµ11. INN rN IN. An0un110.111.4 On In. n011µ NN to. 0.M.1 M,m.AL El. TA....n,YA AN.".." AM C.0'.O OY IN. ynOlNynf..O..tl &n0 �� POONn, IE. ASINt OWNC A'S Oilot A,111.n COn10n1. Ad Slid. 4.,mi Or MI NNI 0...01 A. A.O.NO In A, .... A VIO IMOINL aO.nl.Nasn Onq O,.n n.l s And we.I'.n iiMI 10 G.Y. ACM. a w1AMN nav". N Elf 10. TENANT .1, ne11V"An lo. IHMNY 0,'YIIn All 10161611 N V It LIAM w11AOC I. oil., AM,IN, C,i NI. OWNER. Ala.... to On. yNN11NI .11Y1NONt "III A0, " 0NOe0 4 Consent 10 Anti IN NO MESS W wCMCOR. lo. YYIY.K oohed NI. ANMONt N. data 1118 .00...0i M, Y^4� T.nln -- -• CAIMARK Rc'A� ca'us,r a TY MANAGEMENT, INC. MOUSE RULES v (, 1 Tne •asleank$' IrhltY and queset Shall hart due regard for the conh,t Of all Other rssldeA[s red enjoyment In the aolrtrunt Cotwanity, Your aplltmant is yore hw1. fr<e from 1"re"Rencs I'M Mlnagnenf. ii unless You or your guest disturb other Parsons. Occupants and guests shall MI,Lain Order in Apartment at all tl,n Televisions, $terra unftt and tusiCsi lnstrueei,n shall not be played ' At a ralu+e tut nnoys persoml in at her apartnints. j Resident$ rust agree not to change or alter lack$ at any Lima f unless .rotten pefel"IPre Is given left ru"gwedt. G 7. Occupants are 11a1ted to we (1) f"lly and no ware than two j ' a. Appll"tas, l plumbing, heating and Sir conditioning: pill$, check with !y hat rant If you do not tow raw to property Ovtratt torte Rent, w will adrlte you J d•tlli> fd al to get the ultimate perfdrn,wC,. • Rdsldeat PeAll torn 0fI neat area ass .non wlnCwf All door, or, 0p en. 6. Pbaas, Iulimlt maintenance r 4u,ftf the the office phone: (619) 7j5.16se, dvrlrq business hours 323 SarrlcM are Arjllable after hours for ,(619) Include /ire. Stohe 1844; title dad pt, had and near dad ga. 6. Ap,rtR,t dwellers Should Aare Ptrfonsl Theft 6 Fire Insurance. Our buildings art Covered, but your Pe"emal belonging, such as tIrt"ts, furniture, etc , are at 7, S+Rning pools And pasta I... are far all rnldbtt ••a .fair guests. Since the art name pools utta ty many aoartntnt units the residents MUST NE considerate of the fast of the rellde,ts In the hatter of Inv,ting guest,, of the rnlcents tivlmg nerd amt here first consideration to as tee use PI ina pool. It it tu9i astb that the "$teeth girt careful tnocgnt to Inviting guests dvring he -,& hoary of that the pool is in ALL 6U(StS Should be regltteted +stn tin Mesa"* -t And In .111 not be sllwed In tree Dool unleft atcaimaAted by tot rasldent that nn Invited then. 1. The clubhouse It for the use of ALL RESIDENTS, during Oven hours, for not Just I few to enlay, we alb Allow for rtlldentf t0 rettrre tha c1uD for Drlrlte be tuft parties TNIf apDrowed brou9n Na n, 9e *ant and you .111 be responsible far staring the clean ano raw order],. Tau are alb rn Pond Dle tor any cl your guflil was n damage during may the Party. cause 9. All cars are "dulled to hire s Hlrltgt Pork iticter In the back .Inaow. CL Subject to or tVwas without this Sticker. f art 10, Please DO NOT park you r car by the budding If you leave before 6 A.N. Never back Into a parking $Pace by the building, Jt be fives pa Iola ant a0lftMnts and cause dllconfurt to your neighbors Please help of to keep your ?Cis NEVER cauD your car afhtrsy Mesa the lot 11 Plant, fay your •GOddDy s- to yaue guest ins add yaw Jnrtunt if tree, leave at night. Re COmSidatate of your neighbors . AT ALL TINES. lj Plena ask all visitors to Dart In outside Partin, spaces, leaving the to the buildings far fe,lCent3. %PIC@$ closest 17. Visitors should not bring PETS with Chill, If you h /•t A Pet rtsitlnp, Jltue the afftce. notify 14. Swats Mom: Sit,, or snake will set off the atom. the noise .III not help hu ate uelt. Turn on the Pon soon ins clove while Coaktng. this will hurt yav cr the $tan or Photo, tl l0l mte IS Wnagement rewires that only white backing an Curt,lm be allowed In window, no Colors, bents 01 flavor$ Should of tune. Please, if you hart pl"ts, Is your rtlpanflblltY to put Contains, a underneath 10 As to catch any water inn n,, leak. YOU will be held responsible for ,ray eamge that water day do to art carpeting, ,_ IS.t 16. linage "tt Shell have the right to mate such ochre reasonable rules few tin, to ti" n they lud;e necessary to Pechance ant tltanlbott and orderliness of the prewltn and 3Afety and comfort of wcupantf Of the buildings, NPtic, of any Joel Ipnal rules red regulatlOml will be to Ur giver re,ldentt In wrltIAj. I I t TEAD THE A6OVT ROLES SET FORTH By IN( ROIACENENT IN HERITAGE PARR. AND AGREE TO AH1D1 91 THEN AT ALL TIKES. i a weiatwnt it r)y' a.fident .e HOUSE RULES trf M)11 IIO{ M OIIKn IIIN In• VODOVO'11' V {II{ Y 11001\ •1 YIt OI +TIMI. nY InNOY Ip O+TIM OLL)NOnK 0 /t. O t, ]f [Y Wit ill lawn IlPlvru Vnneut INn 1•t' LtA 0/ W M{nY leal'A Al' InR +114 M+naa +nY IlMllq 1 ], NNt. YLYA 4 InOV11M •W." PITI14M 01 tn0 )OfRTMI T +n +w 1. _ ea rp'r4V w 441p1ni +•' P. L[]]LL M {ll'It IntYll anY a4w• DI \rITTIM DPDI +YA Ipa II W ILY„ IM )IIH I0�]0 P Y•• INnf of in 11rvK I n�L11 A v.... 01 Ma LL]fOb anIrMW 1Yl /V +YA f01W 11 lnY llma.M INi CAP VrIHM \'Y/ Or 0a YMK) \Y /NY M Ln• y G114•^ •H n4 to toy I 1 ^NI fl•R{ +!a MI 41TtY•O'r Y10Yr6 -a NIM111.411 OI•IVOIn110 W. OtLL'MIL M• Ipl' IH y In tMN'4i11M OI OMt0. 1•II + ^la O INw1Wn t VNO by InaT 101 lnf• OM•I mu \IYI InKNT•nl p ONYIYI { INna. YnIMb N)rini al a K P.A'eN Ywl not M sKIWLY' OY L[ff [[f o/ MNr M.• 1.4 Nb Y^,NaWIYA MDp)IYwItpIP1-4 a Wrmllw0 tt MY A T}O raRIPVI•A.allr.rf•� +10111 IPN�aY A`o1P+Rm•:'l w'a MM NIIO+\m MO\p m.K le{IW Owl 01 M•WIN40r [, TwaN4M MVM•N VY nOl M'IYa' M IM /e01 MMOVI Prlw VItIM aOnYn1011Pa Tin)i•manl {n0 mV)1 M M \I +IIH )n0 r•TFaO e 00D/y1LfV N eN +1 IITIU' [WIU Nwl M NYllp•D. OIIPNb tnl /M0. O/+ Pwl W a I1tMIM YI.NYen lltl)Mr, UPOn raTMl a1 tNHNN'n I4MPw. LOf[E +•111 V nnO IYGY 1p )M taTPw tot'-"O. b Ne a t PpwII +HrV Al. N1YA TnP nwOp UPY+SUA air Li titl Ml111 +.Par'W\ pt MYL InNO. 01 WP 4aTINA IM. V. K a11Y1MM Ylall n01'• NIwI .11A. O.OIOY•OH111 W ln• T,• .era OI tM LIILI00 Of )nY'NtlOn 01 WIIPVi L+ � KYw ~I.* vI IIrNIM {TWr'[ OI flp•\a YLp MY )YIIa01• L M +n• IYnIr411111 a,K .I.% *-at Own vy IM wrt4 {4•1•n'N tM1.1 RM.P Iwp YVY'wCA. DWI'IPI.W MWYA hInIWY )n0 .ONSm•^ agT•A, .0. y �) re".It gOY�n' aYirlHSr�La• Mwni anlpw )na Ip OtT)w\ O' n4M a1Mn.M4p 1 4LL3][L =M /MN M•tt44n\rr1Y. ryNT.IMb1YYlA+ "*ill'" O.Y/NIIn'artlnt 11.:VIb O1 )nY ONH I[•T rnLOYnaI N),, PC .. V00P1^•O'am\ ]0. LLl]ON •NII nOl O• IKOPM14a Ip 10Y'I OIOW T P. NIII Nt)"n.I P." e1 NP l•)RY aN M {D nel p r•Tq•O OY ML L[f• ]], /JIY 01LOP N tvR \In Ia' IDYLII.1 a111•iYlr LESSOR' LLff�al IPYRPI NY RMt ID N\INL1 LL1f [[ le I•mTP +ll n/ MY DI InDY Kq OY L(]Ws )11•r IMR nPIn1 OOYIMO CAP, Onwnl NESSOR'1 LL330 twTYP11M Ol inl\ LYY. 11 L[%L[L 1\ w IPRIV 1.01D 00. LL1L[L PT1 \O IPTaM WM I'll. p +Illal•I .nO 01•aP S[[ uTY\ nP O9UIn11nP rnll•n )DIr M)I In aertnOL I410Ina In11NI1110n 01 YA YI11. p +Rlw•A a do MIYDISn T.MIO^•0 In0 V' aaMRIM 11 NYY V^•• M• PI.TIW D+CY �n In• YM aOw /YUOI OI Va 100N +4'1m•nl M[ rwrNt N[ rwrmnl un CAP Ynn V •n I0e0 ar04.n0 esMlaen. PuL01 +\ t A Iral. n•nvr ii YIW nmP' on Mt OsavTMl. 1Kt1 ..f an wP \Mt T.mm O..LPRAloll Tf mnl \1 75 EXRiBV+ E CS pg4.Cf;D= provided herein, a RjW T9 A llEBF;ll�' befote the Upon filing of a written request as bearing complainant shall be entitled to gearing pane l• meaning owner or his Authorized Agent• resident whose verses, I used adversely a' LZN�L is defined as any or may be and who status of failure to Owner with b. sgm4lni�'lfare °L action t with the duties, d by owner .3 or complain act. fifes a grievance or failure 0 files such the City Of Rancho respect t° all mean as used herein shall with as any disPu act in C. Cucaamonra• is defined to an210, action or any Owner's d. Ctirl L= 's ac requirements, °L citation of lea Or re! Owner accordance with lease 1 Oe uilations�PP face or et oli accor ailuce to act s regu duties, wee application is the procedures which affects the state the complainant* status of Yu+� Y814B B '' � ni 4C office t 3. SM ssr�+— Co the zmana emen ,sides so that the &:Y Ss office rto1,enaaiaeusd and settled cOmP a• to the t must project "'may b enfotmallY cic complain oe by hin e The 9 evance o of , grievance may c: ed in th the owner's without a hearin9•lainant an clays basis for the or signed bye the resentative within Sea the shall sPecifiy: s or It to Sac stated, it is but based; and It may cOund(s) upon which be grievance• the (1) the pecticulceg9eSted. retained by (2) the action be tetai the Project complaint d be filed wLth date- copy Of the copy ohouand�Or copies must be complainant AlldcO °Plaints by the owner. Own manager. All time of receipt dated and signed stamped date official, b. 11n AnSHn Lo cte�'imaano'a°jed ts�mwockin9tdiaintn a A by the P in e deliv enerallY wLth with the comp shall s time (9 shall be filed cessonab the answer copy of 1 r77 the appropriate project office. The answer shall specify' complaint and the 1 The proposed his therefor. ; the specific reasons complainant a hearing; and 2. The right of the complainant to g• The procedure by which a heating 111 be obtained. ai r�<fied with the proposed e eenolIIlnLllt 1= ys stated in the Pro�eet c. IS th.- hint, .s answer, he may disposition of his complaint, the co act manage[ or other owner official Owner oen P e9 est submit a written fo4uashearing. This written time of the date of management office, ten working shall be made within a reasonable (genet al ly to his complaint for a heating mast be date - the answer ro eel days). The written I ro ciate Owner or rojelt stamped and filed l0 5 with the comPlaromptly of the management office el shall be advised ahall schedule the Tle Hearing C0 riate official; time and request by the app P possible for a date, as PromPtlY as P and hearing convenient to the complainant; Plaee reasonably lainant shall inform the °omP r p1e n ��� within the d• If the F ion d °Ne�� Subsection he Owner's he ProPosed his right to the hearing, evane will become final, disposition of the g THr HEIM -13 p act The hearing 6 iII the Owne n and one impartial and 4• Panel °�1 eonsis�t� °C��ve members; two selected from a s ointed by alternate) chosen by of tenants; two app ether with an event that the four disinterested Panelrmembecs• to the Hearing tee on the fipbytthe Hearing Panel members. cannot enber9 shall be appointed elected by member, then such foff the Hearing Panel shall be uired Eor The Chairman Three votes shall be teq City. the Panel. the members of the Panel. any decision by on the a. Panel quill he III t£lalise n t�h 1l any iofficer Panel whien hears his complaint; sit as a or employee whose duties egcievanceoatibissue, Involve him in anyway Panel for that particular hearing. member of the Hearing 5. THE HEABM lss) Lsz a fall hest�g before a. The i dL Lo g ghgll hE bC represented a counsel re the Heating Panel and may or an.,�;,�• person chosen as a representative. kyb. The heatlnzs Sha11 he Aa L& a` am • e = d1q2utg L3 02 X the amount Df rent or other charges which the Owner claims is due, the complainant shall deposit the amount in dispute in an escrow account pending settlement bf 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• if 11 CQMolafnant falls to anon,, at a ne,rinO, the Panel • may postpone the Hearing for five working days, or may mike a determination that the complainant has waived his right to the Hearing. e. tthe hgAzin h n proofIss on the Complainant case. T complainant umenta Sn su y Present evidence and arguments support of his complaint. The Owner 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 admisseole under rules of evidence employed in judicial proceedings. s6. 12=15 OYe DZ = REAHIM MF.II a. Th_ tnrieinn Qf the gaariay Pannt shall be based solely and exclusively upon facts presented at the hearing. To the extent that the decision is not inconsistent with State law, and to the extent provided in Subsection c. below, the decision of the Hearing Panel shall be binding on the Owner and Complainant. b. 21P ACAMiMg panel shall JUSMAX.0 Jts wrfteen dncieinn, Including a statement of findings and COnclusionef as well as the reasons or basis therefor, upcn all material issues raised by the patties. 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. 31 the 11291 211W en is in favor Al tjjg jr_=laianat, the Owner shall within a reasonable time take all actions necessary to carry out such decision or refrain from any action prohibited by such decision unless the Owner's counsel determines and notifies the complainant in writing within 30 days that the Hearing Panel has acted arbitrarily or exceeded its authority. In such event, the Bearing Panel's decision may be judicially reviewed. �7 ;Lw , yy ATE Pocwren$ a• if the Truant Las rnnun11-2d a btaLing on the proposed 71 c 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 premiss has been terminated by lawful notice. Such notico 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. a b. "An such not' U saadte IS SIM= 12 thn Teach:, 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 costs and attorney fees incurred. 4 20 • 2. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: february 1, 1984 . TO: city Council and City Manager FROM Lloyd B. Hubbs, City Engineer SUBJECT: Alta Loma Channel Assessment District 82 -2 Attached is an order of procedure giving a series of actions required to enter the final formation stages for the Alta Loma Channel Assessment District. These resolutions and actions basically authorize the following: 1 Preliminary approval of the Engineers Report delineating the method of assessment spread and preliminary assessments 2 Approves the Plan, Specifications and Estimates and authorizes bidding of the construction contract. 3 Authorization for sale of bonds. 4 Setting the hearing date of March 21, 1984. SUMMARY OF DISTRICT PROGRAM The District is designed to assess all developable properties within the drainage boundary to construct upper portions of the Alta Loma Channel and tributary storm drains. In addition, the project will construct debris basins and e.epand the existing flood control detention basins Total esti,aated construction cost is $3,300 000. Incidental and financing cost increases the District cost to 54,650.ODO. The acroage of assessment is approximately 610 acres The acreage charge at this time is approximately 57,600.00 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 V i CITY COUNCIL ST.1FF REPORT Alta Loma Channel Assessment District 82 -2 February 1, 1084 Page 2 Adjustment for Partial Development In seven of the benefited parcels, it thou a note tat the land Is partially developed In conforming use Since these properties are capable of subsequent subdivision, they would be subject to the drainage fee. An estimate has been made of the degree of development accomplished in each of the seven lots An adjustment factor to the Partially developed acreages was accomplished by using the lesser of the two following evaluations: A The necessary land required for the use of the developed portion of the lots was considered in computing a factor to calculate the remaining undeveloped land available. As an example, a five (5) acre parcel containing one acre of land to preserve the current conforming use indicated a .800 factor, which when multiplied against the gross acreage, would show a four (4) acres remaining undeveloped portion of the property. B. As an alternative, a comparison of the land AV and improvement AV was made on each parcel that was partially developed to conforming use. Using a factor of land AV versus Improvement AV as being equal to constitute development, calculation of the remaining land for development of each partially developed parcel wUnder these rules some two and three acre parcels were excluded STATUS OF DISTRICT Several workshops have been held with property owners 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 facilitate development. It is likely that nearly 20% of the ownership represents potential protest These protests can be broken into two distinct categories: First, small 5 to 10 acre partially developed long time ownerships who have no immediate plans for deve loµment and would face difficulty in meeting assessment payments Second, are poultry ranches which are currently to active use and do not have plans to relocate in the forseeable future. The ranches would, however, likely develop as residential at sometime in the future All of these lands are developable and would be exposed to future fee obligations and fall in the cateogry of benefiting properties It would not be ossible under the philosophy of the District to exclude these lands from assessment The only method of alleviating the impact on most of these properties is to develop an agreement with owners under which the City would carry as,essments 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 and draft agreements are currently be' D developed by the consultant and will be available for discussion at the Council meeting This approach could place the City in the position of banker for a portion of 'he project. Total �l CITY COuNCIL STAFF REPORT Alta Loma Channel Assessment District 82 -2 February l Page 3 obligation under this approach could approach s50o'lle over time. Over drainage nefromodrainage i or the systems drainage fe $75,DO0 of thlremainderbwouldelavebto be area but the funds It would be staff's recommenof th to pursue this approach. rss the I will be meeting with each of the Council prior to the meeting to discuss the District to more detail and will forward the draft participation agreement when it has been completed. RECOMENDATIOM It is recocnended that the Council proceed with the ac uin plstrtct formation order of Proce19u8e and fix the date for Public Hearing for !larch 21, Respectfully subm tted, !�! LO • as Attachnents E -& 3 Ll OROEI OF PROCEDURE CITY OF RANCHO CiCAMOGA ASSESVENT DISTRICT NO 02 -2 (ALTA -OVA FLOOD CONTROL OURVIE0 DATE DE MEETING JN UARY 18, 1484 STAFF: Gewa1 >eitnt at ion of 1w djlles of ASlsirenl District C :TY COUALIL Moot RESOLUTIDN COVERING PRELIMIMRY OCTENIMI104: Initlattng Resolution for Aiseisapnt District or",Wjngs STAFF P'lartati0n of Debt Actor. pursuant to the W,Ylsions Of the •Sped al Asset seers inrnttgatlon. Llettatlon am MAlort ty Protest Act of 19718 CITY COUNCIL AdODt RESOLUTION APPROVING WORT AND SETTING PUA!IC NEARING STUr Present Engineer S - Reoo't- DunfVlet tD lKf VDYlSIO,S of .,.j. C1081 I"rOre Dt Mt Of 1913' consisclnq of t" f0110viq- 1 Plant 2 Swif cItivs S Cost (ftlwte 4 Aife{see,t Roll S Al StSteent Dlagrm, CITY (oLNCIL Moot RESOLUTION P /SSING,, ON REPORT AND SETTING PUBLIC NCAgl G Sets public heist., on -1915 Act- ',queer's 'AmOn' City COWICIL Moot PESDIUTT)N MTIVRIZING SALE OF BONDS This Resolution authgrl DCi Pe sate f bOMS to flmn -e the IrorpYMnt1 CITY COUNCIL Br Ibtion. mprore ant authorize eae'utlpn of Agreerent WtMeen CITY im 9WO OF 9NERYISONS was 'a to C ersftlD, etc of , f?ou control cr,rrel leprpYRRnI IMPOSED SCh EDIILE )AVIARY IP 1984 ADOPT ALL INTRODUCTORY MD JJVISOICT!GML RESOLUTIONS ON 111OCEEDIMGS, AUTM0III( BIDW G 0.4 WORKS Or IMPROVE. WEST AND' -r OF BONDS M1rch 9, 1984 DATE FOR RECEIP' OF CONSTRUCTION BIDS PRIOR TO PUBLIC NEARING. DATE FOR RECEIPT 7 BOND BIDS MUCH 21, 1984 PUBLIC. NEARING TO CDNSICER CAPERING OF INPgOVEVENTS AND CONFIRMATION OF ASSESSMENT DISTRICT i DATE: January 26, 1984 CITY OF RANCHO CUCAAIONGA MEMORANDUM TO: City Council and City Manager FROM Lloyd B. Hubbs, City Engineery 1 -� SUBJECT: Alta Loma Channel Assessment/ Dristrict Loan Application lc,UCAafo C� U� 1m7 I Attached for Council's information 1s a Preliminary Loan Application spelling out all the provisions of the proposed loan program. This appii�ation will be reviewed with eligible property owners on Thursday, January 26, 1984 Based on the results of that meeting, Staff will final!ze an agreement proposal for Council review an February 1, 1984. 1 w117 discuss the meeting with each of the Council prior to the meeting LBH:Jaa 0 r z! C PREL:NINARY ATSESSHENT DISTRICT LDAN APPLICATION FORM WEREAS, the CITY COIACIL of the CITY OF RAeCNO DJCA"WA. CALIFORNIA, is Conducting proceedings for the 4rw00n of a special usessrent district for certain Drainage Lproveaents, pursuant to the Tama and vo,lsions of the -Municipal loeroreeent Act of 1911•, Wind Division 12 of the Streets and Highways Code of the State Of California, sold special aistswenl district 'wing known and dee19nated as ASSCSSHENT DISTRICT NO. 82.2 (ALTA LW FLOOD CONTROL DISTRICT) (hereinafter "felled to as the 'ASeseent District -):, and. WEREAS, inasel,h S the Prieary benefit for the Alietsadnt District is the right to develop unde.11CP d land, the City Council is desirous to wke fuheS available IS A Imo to certain Properly owners whose parcels qualify either IS Partially devdeem or nabsnnfonlrq, all As shown in the E091neer't -Pnon- for the apore- referaeed Asaesownt Oisttict: ono, WER[AS, said loan •Ill be wde available to those parcels who Submit the appropriate lain VPIICatlos W who qualify, and wool said loll Ming woe available, the ® pr,p.rty (area perioAgree of elan (10)fyearscfrmft a "it owill Sold 1 a� converted to any NDN, TNEREFWE, it is a S.311y agreed between the undersigned Property mwners and the City of Rancho Cucamonga as follows: I That loan applications will W -_w available for all parsons ,no sign on this prellalnary Asess"nL miStrict Laan APPIICatlon form. 2 That If the undersigned property o+mers auall /y, 'nnwKr S their Property 11 within the Class of partially developed or non- conforming, that lain finds rill be wde uellable to assist in the payment of their assesswent y Bath partite wtually Wee that sold Properties shall trot be converted to any other uwe m further developed for a v -lod of bmn (10) years frog the pate of seta loan Said loan shall bear Interest frm Its date at the rate of ten Percent (10%). and w shall W all due asd Payable upon the uplrat1cm of said ten (10) year term, Of may be deferred will tit issuamce of any Parmit for further d,eloCeent Won the aairetlon of sold ten, sold loan shall continue to pear Interest 5 My Ssess" is for the 11th year amfor Su sauutnt years will be collected on the to rolls if nl dlsoharged at that Sloe 6 The undersigned Vopany owners hereby f—wsw• Rlre any right to Protest Pr Object to the formaVol Of the Cove -re .n 41ussrent District. Luc fists reserve the right s protest Or object a a t e aerhdd and formula for the SPrrad of Asiestwnla 7 The oidersignsa XcPtrty wmers further ackmewltd" that any PrePaywrl Of any assessmnt will not waive or accelerate the ten (10f yen ten, n sat forth In this Agreexnt E (n V S e. It Is wtua)ly understood that an Agreement NIT G executed y the property owners, secured by a deed of trust, to corer all loan advances as dude pxsuant to this preliminary loan A;ollcation. 9. The undersigned prcoerty Demers art desirous of recefvtra loan contribution funds to assist In the parent of their ssessorat I0. This Agrteeent my be terminated at an earlier data by the Drooerty Amer giving five (5) years helical notice to the public Works Ofrectoe, of the City, and Po. Party amer shell, upon the explydvlon of said five (5) year time, Dry Interest for the remajoin; Glance of the loan agreeeent OFT( Pq(p(Aly ( SERIRTI ON K PROPERTY SIGNATURE OWNER • RESOLUTIOY NO. y=t RESOLUTION OF THE CITY COUNCIL OF ME CITY Or RARCNO CUCAMONGA, CALIrORN1A, APPROVING A REPORT :TER ME •SPECIAL ASSESSMENT-IhVESrIWT104 LIMITATION AND NAJ0411Y rROTEST ALT OF 1931- MO FILING A DATE Or MFARIMG TNEREM RMFREAS. the CITY COUNCIL Of the CITY ITY OF RANEOO CUCNWNGA, CALIFORNIA, Nat OF Re'Solo. tIon ordered the eeoatlon of a •Report• WRIT the Vol t Ions of the •S;tcNl Astesiant Inrettlnli0A, LlNltatlon vM NUorftY Irotest Act or •971• Deem Olrl- cMftrd[tlMe Stretrt and xlphNayt Code o• the Stale of Catlfernl•, rflalind IO tlr, kmen and designated aaf Public Norki of trProrKrent in a ittclb asstssfent dlltrict ASSESSMENT DISTRICT Al. p2.2 (ALTA LOA FLOOD CONTROL EMANYEL) (hereinafter referrld to as the •Atsessrent Olstrict•1: said Norkf of I- yroretent generally described as fol to" The construction of certain crainagt IrNSrovements, f0oether Nth applNtmtnen, I m ludlnt, but eat IIe1tM to, the instal lallon of concrete channel fats l It in, Dos culvert lm'o antl, 11101 COs In eACaratien and eerthdm construction, imiudlm alt 400urltnant street am other AOrk regal -ed for &Old i=rdvement4, in a special asseslant district TARN" and 4slmated as ASSESSMENT OISTAICT NO. 82 -2 (ALTA LO'EI FLOOD CONTROL CNANMELI, and, WhIsEAS, suer Report• has been cregared and subdltted to this Guncil M011, THEP' AE, IT IS MEREST RESOLYFO AS FOLLOWS. SECTIP, 1 That the above rerilals are true arms correct SEC ON 7 Met the °Reod • so Preoared and presented be, aAl the sent Is acwco te, anJ the fact end date Of this YOor"al shall be tGorsed theroon and the 'Reoort° shall be filed Nlth the transc,lot of thest tr'o(eedlms 5EC•10Y S. MAY THIS CITY COUNCIL ODES HEREBY F;1 tN691 MOOR OF r•SO O'CLOCK P N in ME COUNCIL CMAN9ERSS 1[IIWY, ISSA, AC ME TIME AND RACE WEN A NEARING ON SAID •REPOR SsALI RE HELD. LL. AS THE CLERK SMALL AIVE NVTiCE OF SINY NEARING BY NI' IMP A COPY ME NOTICE, POSTAGE REPAID TO ALL PERSONS WgllaG RLAL Kift WICM IS NE NOTD TO RE ASSESSED TO PAY Att PART tF ME COST (P NOgK MfISE PROPOSED 4'D 'ADDRESSES APPEAR ON ME U5r EWAL RED ASSESSMENT POLL AVAILABLE ON ME ALL IN ME EMANFER WAS ROD FORM MAS DROYI CO rALpRW [INS SAID YISION aW(F POLL. Sm[fi5 AND uIOMYArS Epp[ 6 rME STAFF IF rar,rra.,. PASSED. APPROVED am ADOPTED this day OE �, 1006 AYES- ROES LASSERT ATTEST L ft--Aw. D R That the boundaries of the AaeSsrenl District and tM lands aM Ci • Cortics within the ASSessaent District Proposed to N as St Sted 0 pay the costs and eapenses of said molosed works Of ttpro "nt are is shown upon A Mso of the ASSt'slrtnt Ulst'Itl. which Hp no$ been Keret0- fare Approval AM 1t on H11 with the transcript of these NpceARIN41 S:ld No shall Myer, for t11 debut AS to the "tent of the Assets - nent District SECTION 3. Not its statute under which It It Proposed to conduct oroceelloas IS too - munielpal Inoroverient Act of 1913• be,na Division 12 of the Streets AM Hiahways Code of the State of California, with bonds Mapofed to to issued at wthorked by the - LCrdrtrtnt 90M 4t of 191Aa balm Division 10 of Bald Code SECTION A that this oraposed Is ray ... 0 to the ASSESSMENT ENGIREER, Mo Is werety ""Intel to Procure oll necessary Infonaticn to prepare a recon on the Morita irororrtnt In ue aWnrer and fort provided for In Division a Of the Streets and 410wayt Code of the State of California. the - SOeclat AtsessM•t Inwtstloatlon Limitation AM Majority PlGtest Act Of 1031 - SEr TIOM S Net this - u%Olution and tre Retort as ordered herein are pursuant to the pro,1610M of said Olylslan a SECTION A No' said geoort Ovsuart to 91vlslOn A sill wave attached to It a copy ae tnit R"Olution upon its adoption L SECTION rhat the works of I"roveoent e• preoosed to be Constructed under these proceeds +as, centrally consist of the follcwlm Tee :pnktraetipn o' tertalo Maimat ISprpreeents, together With Mpurt. "Nett IKludsna but M< 1l mltrd lo. Ve nstallit {On of Concr -te channel facilities bat Culvert Imnrove'enlk debrlt NfN excavation AM farthdi construction. IMludln0 A) w ten Nl street LM other .ark reaulred for sold 1rDrayerontf, In a $Will else%S=tmt nl Strict known and desi0ndted a ASSESSMENT DISTRICT 40. A2.2 (ALTA L(yA FE000 CONTROL CHANNEL) 75 s AESOLUTSON NO .2i.�t. �.��c( IESCLUTION CF THE City COUNCIL IF THE CITY OF RANCHO Ci)CA40NGA. CALIFORNIA. COVERI'd PRELIMINARY DETERMINATION AND ORDERING THE PRERAR..TION CV A REPuRT ON SAID IMPROVEMENT WHEREAS, the CITY COUNCIL of the CITY Cr RANCHO CUCAM043i. CALIFORNIA. Is cent mplatlnq the crostructica of Certain [011c wo.k: of Lvrmarcnt under prOccedin)S cmWucted pursuant to the 'Nunlcloal Iryrovement Ac[ of 10136• Delim Division 1' of the Streets And Hlphways Lode of the State of California In A special asfeSShnt district known IS I ASSESSMENT DISTRICT NO. 02.2 (AL -A LOA FLOOD CONTROL CHANHEI I (herelnifbr referred to as the 'Asses scent Ofstrict -I NOW, THEREFORE. IT IS KIES RESOLVED AS FOLLOWS SECTION I Not the above recitals are all .rue and correct SECTION 2. That certain public works of lodrov"ot, together with eapurttnances and appurtenant work Ircludina Acquisition where necessary. are proposed to be d'MC ems Nde within the boundaries , the Ass-aunt District In cOnnK- tion therewith It Is found and dettraloed as follows: A Nat the specific nature a- the Proposed was Of IMcrMaen' consists Of all the work as sICM on the bloodied dWndary rap, as Previously apo,"ed far t"s ASsessxnt District R That the boundaries of the AaeSsrenl District and tM lands aM Ci • Cortics within the ASSessaent District Proposed to N as St Sted 0 pay the costs and eapenses of said molosed works Of ttpro "nt are is shown upon A Mso of the ASSt'slrtnt Ulst'Itl. which Hp no$ been Keret0- fare Approval AM 1t on H11 with the transcript of these NpceARIN41 S:ld No shall Myer, for t11 debut AS to the "tent of the Assets - nent District SECTION 3. Not its statute under which It It Proposed to conduct oroceelloas IS too - munielpal Inoroverient Act of 1913• be,na Division 12 of the Streets AM Hiahways Code of the State of California, with bonds Mapofed to to issued at wthorked by the - LCrdrtrtnt 90M 4t of 191Aa balm Division 10 of Bald Code SECTION A that this oraposed Is ray ... 0 to the ASSESSMENT ENGIREER, Mo Is werety ""Intel to Procure oll necessary Infonaticn to prepare a recon on the Morita irororrtnt In ue aWnrer and fort provided for In Division a Of the Streets and 410wayt Code of the State of California. the - SOeclat AtsessM•t Inwtstloatlon Limitation AM Majority PlGtest Act Of 1031 - SEr TIOM S Net this - u%Olution and tre Retort as ordered herein are pursuant to the pro,1610M of said Olylslan a SECTION A No' said geoort Ovsuart to 91vlslOn A sill wave attached to It a copy ae tnit R"Olution upon its adoption L SECTION rhat the works of I"roveoent e• preoosed to be Constructed under these proceeds +as, centrally consist of the follcwlm Tee :pnktraetipn o' tertalo Maimat ISprpreeents, together With Mpurt. "Nett IKludsna but M< 1l mltrd lo. Ve nstallit {On of Concr -te channel facilities bat Culvert Imnrove'enlk debrlt NfN excavation AM farthdi construction. IMludln0 A) w ten Nl street LM other .ark reaulred for sold 1rDrayerontf, In a $Will else%S=tmt nl Strict known and desi0ndted a ASSESSMENT DISTRICT 40. A2.2 (ALTA L(yA FE000 CONTROL CHANNEL) 75 9 SECTION A Met this COOnatl does not at this tiro, Intend to Aaha enw contribution or ADDro2rlatlon of fwAdS toward any of the costs ,v uoenses of the wOr4 Of Iap ,"At H provided under these nrpcftdlrof, a, all Cost$ eeenl'cif 'led -PP" bwafltt tI'M%lIN aopertln within tithe soccial bWftdlrlesfof Lie Asfasfuent Dlstrlct In tea amwr and forty AS eftabllshed by law PASSED, APPROVED ub ADCO•1 nl' ]q of I AYES holy ASSENT ATTEST- 0 \i I 9r, • AESOLUrlfd NO. Ft/- / RESOLUTION OF THE CITY CORCIL OF WE CITY OF RAACNO CLCAVOW.A. CALIFORNIA. PASSING OR THE 'REPORT' OF THE ENGINEER, GIYINS PRELIe1MRT APPROVAL, AND SETTING A TIRE AND PUCE RID PICLIC HEITRIM WHEREAS, the CITY COUNCIL of thr CITY OF RMOO IAICROYJ. CALIFORNIA, Ms Imtitut" P,octeelnal for the conitrlstios of certain "Ile saris of barwee /[ and obviate. "ante, eider IAw111onf of the •1MICIPaI Imrwelent Act of 19:3•, balm Division 12 If the Streets And Hlohts" Code M the State of California in a sperial assessant district knows aid deslanated as ASSESSRENT 01'I ICT Iq. 02-2 IALTA LOU FLM L'S.TpLI WARRED (hereinafter referred to as the •Asselsaen District-): Sid, WHEREAS, there has been Prmarce and fused with the City Council a'Reoort• Drwid" for in Sections 10203 and 102"4 of Use Streets and 41divays Code of the State of California, aM this "Rod. * has been presented for cutnlderation: ", WHEREAS, a Pnolutim of lrlmtton for this t.arweaent win w "lously Adopted by the City Council: W the •Restore• as now wesewted shall stb4 as the •Repast• for the prWse of subl"urte par Nlnaf henHVWr. NOW, THEREFORE, If IS MEREST RESOLVED AS FOLLOWS: sterfam 1 That the nowt recitals are it true and correct SECTION 2. That the •Report• of the Enamel? "Ferree U serelnaDwa Is cornidnAd .Coot", Passed upon, And orell.lncrlly oprw", cs follows: A. That ten plans, and Swcifications for the Rows" I"Srwenentf to be Nude. contained in Sold •Report• be, And they arc hereby Yrelltl- narlly aorwed and! adopt": 9 That the Enalneer•s "tltate of the ants" aid total costs And tapmsn of laid acanis It Ion. ,Nre necessary. and 4prwwiMll. and Of the Incidental "Pent" in COvhectlaa therewith. cantata" In said 'Report'. be, and each of Show are Mmy Rellwlnarlly obprov" and adopt": C That Me discrete slnwlna the Aslessttttd District rtfe "m W ark described In said Resolution of Intention. And dip the bourda "n and dl^enslmp of the rnoectly- LDdivtslons of land within SoId Asseswet District, is the sane nlst" at the tied of the "ISaoe of fold Resolutlm of Intention, each of which s dtvlsiora have been al," A wo.rate nwaer noun Sold di craw. as contained In said 'AM"- be, and It IS hereby erelltlnrlly corm" an0 Admlee: D.NTHat the MOMS" asusl^ent Soon the Swnal subdivisions of land to III ASwsiRnl nl Strlrl In PPPCrtlon to the estlgtee Wiltifts b be recelved by Such subdivisions, re;mtleely. Trot sold Icouisitlon aid Irorov"nts and of VF IMdertal "Deists thr "f AS cov.- tnneo In Slid •PtOort• be rc they are hereby prell.inrlly Rep- r roved aid tdotit" I THIS the Mf Art CeSVlotions of the IaMt and eafirentl to be )cpulred IS tmtnin" In slid 'wort' be• as the •Js, p! hereby L prelltinarl lv tDDrav" i F That NIO ' a Pe [nslrnr v A for the D t DT I)$ sulD,eit Drd,t "IONS ay to sdid ^S01 • +• , f Intention 9`"� Q' SECTION I SECTION I. met the Cite Clerk is hereby directed to atve notice of said Public the Al by ouslna to It . Mattroe ti en 300 tfCeet p III artman on eachestreet within m the ASttsWnt District. pose Of elntetl IM than a/ylMf a itiNutlon fall ` in, Accordance with the .rdri.lanS of said Division It SECTION S. Hearin, City Clerk of Vt oa3efeat Or tie eNuSolution of Inlentlan of am this coo. tut 1011 eY Qaf irw ftKh rUit,, I, nc pwilshed In Accordance with Section 6066 of the Gorerarnt Code in the fewlo,per orertoutly Mcionatm u %a ddvSle[ r of UII AtfN nt�1 Diflrleal aired by lu and M necetary SE[ilVe / NenieaM m the Clerk adootlan Of rise Resolution Of Nil tention am Of, tine flll- O/ tht 'Re00ti♦•nntf /tiM Krdrtffess Appear on the�aItYeq.Wted assess• /.Sassed, ar es tsars to said City Clerk, O rent roll for City Gus stir thereto. and l0 All Other Mr.Cnf as Refcrihed In KCOrd /nU rllh the prprlSlOnf t Of St,d D1re3W I! Of the SECTION 1 That roOORd oow�OOY up is in the Office of rPa County Retorcr within MCA" 115) days rr the Adoption of the preposed Doundary e.a: Said boundary et$ tope Ml ahr the amt TOM asO�a[ei ftforth n Division a.5 a/ tnt Slrtet. PASSED. KPRONEO, " PTED this — day of , 1 a A A aJ ATTEST l 21 Av[S: NOES. ARSEK: z E It7 RESOLUTION Ng,. B it '.L -I— IT ESOLUT104 O' THE CITY COUNCIL OF THE CITY OF RMDHO CUCAN&%GA, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESS. fQNT BONDS TO FI WI[E IIIPROVEIIENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RAXCHO CUCAHONGA. CALIFORNIA, has Initiated Proceedings pursuant to the lens and conditions of the 'Municipal Iearovennt Act of 1911, being Divitson 12 of two Steels and Hiahweys Code of the State of California, for-the constructlo, ce certain public worts of taprov"nt, Weather with adPYrtet nances News acquisition. where necessary. In a smcIJ assessment cistrlcl: sold sRacial asteaaot district know, and aslOnated as ASSESSNENT DISTRICT Ng,. Bbl (ALTA LW FLOOD CONTROL CHANNEL) (hrrelnaRtr referred to as the *Assessment District'): and, WIPERS, It he, been further determined that serial bonds shall be Issued to fine" tee costs and eacenief Of Said Improvennts W proceedings and said bonds shall be Issued pursuant to tea tress and prOVISIC a Of the 'Imorovdant Bond Act of IBIS, being 01Y16ion 10 of the Streets and Highways Code Of the State of California: and, WHEREAS, at ends tlm, this City Council Is desirous Of authertsing the Pala of bands to flnandg the woreS of hgroveeenl as proposed for this Assessrent District NPR, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS Sfrr103 I That the above recitals are all true And correct SECTION 2 That the FINANCIAL CONSULTANT Is hereby authorized to Solicit a proposal or proposals for the Sale of bondt for the Acusswent District The tnlerett rate m slid ponds snail not emceed the current legal maalmn rate of twelve oerct.t 11211 per Annie Said WMS SMII be Issued Pursuant to the terms AM corutttlonf as set forth In the Resolution of Intention as pevlausly adopted for these proceedings SECTION 7. That this Resolution Is alerted mvsuant to the Mo,ISlanS of Section 14602 Of the Street% ins Highways Once of the State of California, and it IS further directed that all recone,endatl0ns relating, to the sale of bonds M presented to this body no latter than the tie set for the Public Nearing a. the 'Report' AM related tillers for this Assesinent district SEC, v a. Pat there will be errvided, at no users& to the bldder, the corM1ind legal opinion of F FACAENZIE MOWN, Attorney at Law, attesting to tea validity of the Proceedings And the enforceaallily of tre Dohs SECTION S. Pat pursuant to the pro+lsions of Section 10600 S. it is hereby eter. &Insd that the ponds snail pear Interest frm their data, and in* date of 1 the fiords -hall 'wiF4._ 17 Y3 Or the Slat Ny after recordation Of it, aisestmnt tali and dNarm, mlehover Is later SECTION 6. Met the INFORNATIOI FOR BIDDERS re"ti, to the Sale of assessm.t rents for the Assesseent D,Strict IS rertoy a»roved. And for further pwrticu- I✓s reference Is rude to said INFORHATICA FOR BIDDERS peeaage m file din the transcript of these Proceedings The Flnamitl COniultant Is 1 hereby wllorlted to hate ether mdlf ICAtlans and ent�,nts to the L INORMTION FOR BIOOERS "cease 1n order to movtae the Pest "li able Inforrutlon up to the data NM tied far the Sale SECTION F Met In the event of any delinguetcy In tv dayvent of Any InFtglhent of In ats<ssheht, It 1: nereb ceerraate" ., tr twe kilter of the Ponds that this City reuntll del Cluie to be t 9'enc•d sno thereafter dlligcntly oriSecuteo. ludlcfal forKlowre r can Inds .11, all delinquent meals G= 0 E mets<nts coon the soeclflc tens. Lim and ca.ditlons as set forth In the bidding docwhents relatlna to the sale of bands It Is farther hereby ordered that An Investigation be initiated as soon as Possible each year to detemine all tad dellnauencles do all arooertlee within the boundaries of the mare referenced Assess,em Dlstrct PASSED, APPROVED, and ADGTED this _ day of , 19PA AYES: NOES: ASSENT: ATTEST- ay 21 • J-A CITY OF RANCHO CUCA31ONGA STAFF REPORT DATE: February 1, 1984 TO: City Council and City Manager FROM Lloyd 8 Hubbs, City Ergineer SUBJECT Day Creek Community Facilities Act District GUGafp ^, Cy � � r C� }F A A J v � 1977 Submitted for Council approval is a series of resolutions in'tiating proceedings leading to an election to form a Community Facilities District for the construction of Day Creek. The resolutions are described on the attached Order of Procedure. The key resolution sets a Public Hearing date for March 7, 1984, On that date, property owners will be given an opportunity to protest the District election. If 50% by area protest, the proceedings are abandoned, 11 the protest is less than 50%, the Council has the option of calling for an election on the taxing district formation and authorizing bond sale. The election must be held between 90 and 120 days after the Public Hearing The election would be a property owner election requiring a 2/3 vote by area for passage The ballot would be a mailed ballot to each property owner within the District boundary The Di "trict program is outlined in detail to the attached preliminary "Engineer's Tax Apportionment Report ". This rcport basically calls for a maximum tax rate sufficient to bond a program amount of 520,255,000 with a minimum commitment of $500,000 from Redevelopment funds to retire the debt The maximun tax rate would be $550 per ac,e per year. As the Day Creek tax increment increds "s, the tax rate could be reduced, at some point the tax rate would no longer be req-llred. The District tax is only a bridge financing conduit to allow early completion of Day Creek to avoid costly interim drainage and flood protection measures CITY OF ONTARIO DISTRICT The City of Ontario is proceeding with a parallel district to establish a similar 5550 per acre tax with the Day Creek watershed in Ontario. They are 30 days ahead of our program and will hold the Public Hearing on February 1, 1984 They have several commitments from land owners in the area and are optimistic about chances of passages It should be pointed out that the proposed program includes some $3.5 million in funds for basin expansion which will occur in the City of Ontario. This obligation represents the prorata share of cost spelled out in the Day Creek Implementation Plan. q < City Council Staff keport Day Creek Community Facilities Act District February 1, 1984 Page 2 :. CONCLUSION: Proceeding with the proposed program, if successful, will complete the unique cocperative effort between ourselves. Ontario and both County Flood Control Districts to fund an unprecedented major facility. Staff would recommend proceeding with the program by adopting the resolutions as outlined in the Order of Procedure. Respectfully submitted, LBH:I Ca r , PRELIMINARY Community Facilities District No. 84-1 for the Day City Cof Rancho nCucamonga Engineer's Tax Apportionment Report Mello Roos community Facilities Act of 1982 Prepared by: WILLDAN ASSOCIATES 290 South Anaheimrnla le 92805100 Anohelm, 714 -774 -5740 213- 924-1631 Q7 i Community Facilities District No 94 -1 Day Creek Drainage System City of Rancho Cucamonga Engineer's Tax Apportionment Report Aiello Roos Community Facilities Act of 1982 TABLE OF CONTENTS Pao I Introduction 1 II Legal Authority to Construct Facilities 2 III Description of Facilities 2 IV Boundaries of District 4 A) Description 4 B) Boundo Qualification 5 C) Zones 6 • D) Zone Discussion 6 V Cost Estimate 8 Cost Estimate Chart - Total District 8 VI Explanation of Cost Estimate 8 A) Payment by the City of Rancho Cucamonga 8 ':ost Estimate : Facility Summary 10 B) Construction Costs 11 C) Redevelopment Agency Contr!butlon 11 D) Contingency Fund 11 E, Water Reclamation Facilities 12 F) Other Fund Sources 12 VII Rate and Method of Apportionment of Special Tax 13 A) Rate of Special Tax 13 B) Gross Area 13 C) Special Tax Rate Reduction 14 VIII Secondary System 15 IX Apportionment 15 X Total Pay -Off - Special Tax 16 XI Drainage Boundary Adjustments 17 21 DI Community Facilities District No. 87 -1 Mello Roos Community Facilities Act of 1982 REPORT Engineer's Tax Apport!onment Report Day Creek Drainage System City of Rancho Cucamonga I Introduction WHEREAS, the City Council of the City of Rancho Cucamonga, California (hereinafter referred to as the "I�gislative body of the local agency ") did, pursuant to the provisions of the Mello Roos Community Facilities Act of 1982, being Chapter 2 5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Section 53327 thereof, expressly order the filing of a written report with the local Agency for a proposed Community Facilities District. This Commu- nity Facilities District shall hereinafter be referred to as Community Facilities District No. 84-1 for the Day Creek Drainage System (hereinafter referred to as the "district "); and WHEREAS the Resolution ordering said report did direct that said report oenera'ly contain the following: 1) A description of the public capital facilities I t,posed for the project; 2) A general description of the area to be served by said facll- Ities; said areas being the boundaries of the district; 3) A cost estimate, setting forth the costs and expenses for providing the public facilities to the properties within the boundaries of the district; -2- L) The rate and method of apportionment of the special tax In sufficient detail to allow each landowner or resident within the proposed district to estimate the annual amount of payment. For particulars, reference Is made to the Resolution of Intention and Resolution ordering the Report as previously approved and adopted NOW, THEREFORE, I, William C. Stookey authorized representa- tive for WILLDAN ASSOCIATES, the appointed Ei,glneer of Work, pur- suant to the provisions of the "Mello Roos Community Facilities Act of 1982 ", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, do hereby submit the following data: II dal Authority to Construct Facilities S The proposed facilities are facilities which the City Council of the City of Rancho Cucamonga Is authorized by law to construct, own or oper- ate, 111 Description of Facilities A Community Facilities District may provide for the purchase, construc- tion, expansion or rehabilitaton of any real or other tangible property with an estimated useful life of five (5) years or longer, which Is necessary to meet Increased demands placed upon local agencies as a result of development or rehabilitation occurring within the district. A general description of the proposed facilities per Day. Etiwanda and San Sevaine Creeks System Drainage Plan by BIII Mann 6 Associates, March 1983 Is as follows: ® 1) Primary drainage facilities to serve Zone: A and B: -2- ; , J Debris Basin: Flood control retention and water reclamation basin In the unincorporated area north of the City Day Creek: Flood control channel improvement from the uebrls basin to the northerly City Ilmlt Ilne of the City of Rancho Cucamonga Day Creek Flood control channel construction from Higtiland Avenue to ath Street within the City of Rancho Cucamo^ga 2) payment to the contracting authority In the City of Ontario for Dav Crete Channel through Its boundaries together completion of the vllle and Riverside Basins and a with construction of both the Wine portion of Etiwanda Channel as set forth In the Bill Mann report. 31 An-, acquisition of rights-of -way and land, as necessary. Including other facilities, appurtenances and incidental expenses. • q) For service to all properties within the district: Participate In tho financing of Dav Creek spreading grounds and the Day Creek Basin only If a Federal Interest free loan or grant Is obtained. The proposed facilities are necessary to meet Increased demands of ew development drainage protection placed upon the City as a occurring within the Day - Etlwanda drainage areas and to conserve water and assist in the replenishment of the ground water basin. Based upon the above, it Is my opinion that said facilities are those that are necessary to meet increased demands placed upon the local Agency as a result of development and/or rehabilitation occurring within the boundaries of the district WILLDAN ASSOCIATES ® William C Stookey Engineer of Work -3- IV/ 0 IV Boundaries of District A. Description: The boundaries of the district a -e those properties and par,, .Yhere services are authorized to be provided and In which " special t..:.es may be levied in order to pay for the costs and expenses Of said facilities A general description of the area of the boundaries of the district Is as follows: - 4th Street (southerly City limits) on the south - Etiwanda Avenue (easterly City limit) on the east to !6001 south of Foothill Boulevard - Westerly and parallel with the centerline of Foothill Boule- vard, !27001 - North !200' to the Devore (Route 15) Freeway - Northeasterly and adjacent to Route 15 R/W x3000' - North to !6001 south of Baseline Road • - Westerly !20001 North ! 2200' to the northerly R/W of the Southern Pacific Railroad - Easterly !1400' - North to Wilson Avenue (northerly City limit) - West to Hanley Avenue (City limit line) - South to Highland Avenue (City limit line) - West to Milliken Avenue - South to 4th Street l Excepting therefrom completed and occupied residential subdivisions All as more particularly set forth on the boundary map entitled Mello Roos Community Facilities District No 04 -1 on file •n the Offlce of the City Engineer of the City of Rancho Cucamonga. (Exhibit A) -4- 1" q o — � tout • r ��° re / �ART YAP j MTY FAO Mmo ROOS O I s bft RiCT W. $4.1 sl cm of II CVC EXHIBIT A COUNn a SAM .TAU CP CALJF 1 ,` /03 B, Boundacation. , The boundaries of this Community Facilities District consist, with minor modlfico: ons, of that portion he the Day Creek drainage area lying within the corporate limits of the City of -Rancho Cucamonga as that boundary Is shown on ferredetoras co prepared by Bill Mann and Alisociates and are artamonll- f / shown Exhibit the BIII Won report. The boundary Is more I A. ommunity Facilities District terminate a point t e The boundaries of the C y of corporate there limits of th .CitislonsR is the Mellon Roos nAct tPehm°itg its prov time, ext.nslon across lines of political jurisdiction Also excluded within the subdlvi- above drainage area are the completed and occupied residential require - slons, since these developments have completed their drainage eq morts as a condition of developing end will not receive significant addl- tional benefit from the works proposed { e• abllshing these boundaries. he Is recog n nized that the Day Creek • he corporate of the of Ontario drainage area boundary extends be /ond of t which City of Rancho Cucamonga To the south Iles the City or that concurrently Is attempting to develop a financing program the north portion of Day Creek which Is located within that City. ortions of the Day lies the County of San Bernardino where certain p proposed facilities Creek system must be constructed Inoforder ch or the camong to function within the boundaries of the City r. properly The entire area drains in a southerly direction with very few topo- grapnic features separating the drainage systems in an east-west direc- tion As development occurs, the boundaries of these drainage courses could be altered by the development grading It would be proposed that should properties lying outside these bound- aries ultimately elect to discharge their drainage Into these boundaries, -5- r ✓U \".'I and are p rrmitted to do so, they pay a fee equal to the total of both ro ertles tt a princiPal and Interest of the bonding obligations such p w have supported, had they been orlolnally Incorporated wltliin this would • Such funds, If collected, woulo be credited to the Debt ould Redemption Fund utilized to finance the Day Creek system. Facilities District Is divided Into two zones C Zones: The Community described as follows: A - Zone A consists of al, pruperties within the Zone al Facilities District that are not specifically boundaries of the Community ne Faci ci described as bein g within bl Zone _ Zone B consists of those properties bounded on the south by Foothill Boulevard, on the east by Rochester P.venue, on the north by Baseline Road and on the west by the prolongation of monga General Plan - future and existing I'll'"en Avenue (Rancho Cuca Circulation Clementl D Zone Discussion rties within the boundaries of the Community Zone A - all prope Facilities District that are not Included within Zone B engineering study for the Zone B - Zone B Is curreltly under purpoa e of resitlentlal development Located on the buuantlaroy afthis study district, the method of final dralnege for this areatnataonly a portion of now being conducted Preliminary Creek system the area encompassed I n roopertBy draining a Day aining westeriv with the balance of that property In developing this Community Facilities District, It is the Intent that only properties served by the facilities to be constructed are to be -6- • El subject to the special tax. It is likewise the intant not to develop the boundary of this dlstric! on other than property lilies that exist upon the formation. Zone B consists of 3pproxlmately 517 gross acres, of which It Is currently estimated that 190 gress acreage will drain Into the Day Creek system For the purpose of precisely setting forth the special tax for Zone B, the following nothod Is used: Zone B shall be taxed at the maximum rate of $550 00 per acre for only 190 acres. At such time as the final drainage plar Is establ!shed for Zone B, only that area draining Into Day --reak shall be subject to the special taA Snould areus In Zone be in excess of 190 acres drain Into Day Creek, such excess areas shall be subject to the drainagc fee herelnbefore stated. I J V Cost Estimate The cost estimate for the works of Improvement for said district Is generally sot forth as follows: Said Project Facilities, Including Incidental Expenses Zones A and B: Engineering 6 Construction _Costs Debris Basin (In S B. County) Day Creek (In S. B County) 5 2,375,000 Day Creek (in Rancho Cucamonga) 61050,000 5,191,000 Rancho Cucamonga (facilities to be constructed In Ontario) 3,440,820 Total Engineering and Construction $17,056,820 Engineering 6 Construction Costs Capitalized $500,000 RDA Contribution $17,056,820 (-) 3,225,000 • Incidentals: $13,381,820 Reserve Fund Bond Discount $ 1,000,000 Proceedings 600,000 Contingency 500,000 1,068,180 Total Incidentals $ 3,168,180 Total to be funded by District $17,000,000 VI Explanation of Cost Estimate E A Payment by City of Rancho Cucamonga: The Day Creek and Etl- wanda Creek systems are regional flood control systems affecting and benefitting several Jurisdictions As such, their physical function can only be accomplished by the construction of facilities in several political Jurisdictions and cannot effectively be constructed in one area without -a- / v 2 T,,_ Increased run -off result - also being constructed in ano osed Im- Ing from the development of this area necessitates the p ro P provements. agreement Over the past three years, studies were I ^ItiCcn rol under District and the involving thu San Bernardino County Flood Rancho Cucamonga. and Fontana. The Riverside cities of Ontario, the development County Flood Control District assisted in coordinating of the drainage of the hydrology criteria and developed Riverside that portion The drainage plan for the San Sevaine Creek tics Rio Band ewaso cuordlnated with the plan for the Day Creek system plan for Day Creek at Riverside County Flood Control District draina Private developer inte rests Riverside Drive below the Pomona Freeway a major role development of also had eeway n the evtechnical and steerlrg In San Bernardino County the the drainage plan and participated in both committees joint respo ^' group has ..viewed the I after The technical committee of this B rucamonga and Ontario and, and discusslol., has concluded that the relative slblllties of the cities of Rancho In within considerable study Creek system lying of the two cities for the Day together with the upstream the cities of basin in the cities of Ontario and Rancho Cucamonga, downstream retarding would portI in San Bernardino County, Ontario, cities Riverside County and a portion of Etlwande Channel between Othe rlo, be olstributed equitably from a cost standpoint in the relationship of 30e p the Clty of Ontario lying within °thecunlncorr Cucamonga The portico of the wor isl as umed by the City of Rancho Bernardino County The Rancho portion of San certain redevelopment obligations Porated Rancho Cucamonga by reason of fthi known as the Fund- of the equlty of this distribution, stem report setting Etiw.nda and San Sevalne Creek System t for the Day, orated with rep ing Mechanisms Bill Mann and :,ssoclates Is Incorp Drainage Plan by by reference -9- joa • For the purpose of setting forth the financial responsibll[ties of the City of Rancho Cucamonga for facilities to be constructed by the Com- munity Facilities District within the City of Ontario, the cost of this obligation of the City o' Rancho Cucamonga is set forth as a contribu- tion in the amount of $3,440,640. By contributing this amount to the proposed Day Creek system aAJ retarding basin southerly of Its corpo- rate boundaries, the City of Rancho Cucamonga will have contributed Its fair share to the plan. A summary of the costs as to this obligation is as follows: Cost E>timate Facility Summary Day - Etiwanda Creek Improvements Ontario and Rancho Cucamonga Total System Construction 6 Engineering Costs by both Cities Debris Basin (in S B County) f 2,375,000 Day Creek (in S B County) 6,050,000 D,y Creek (In Rancho Cucamonga) 5,191,000 Day Creek (in Ontario) 51009,000 Wineville Basin tin Ontario) 3,030,000 Riverside Basin (in Riverside County) 3,357,000 Etiwanda Channel (in Ontario) 2,950,000 Total $27,962,000 Share: (per B!II Mann report) Ontario 398 $10,905,180 Rancho Cucamonga 618 $17,056,820 Facilities to be built by Ontario Day Creek (In Ontario) f 5,009,000 Wineville Basin (in Ontario) 3,030,000 Riverside Basin (in Riverside County) 3,357,000 Etlwanda Channel (in Ontario) 2,950,000 Total $14,346,000 Facilities to be built by Ontario $14,346,000 Ontario share of costs ( -) 10,905,180 Rancho Cucamonga share of facilities to be built by Ontario $ 3,400,820 -10- 5 t� h During the past three years, extensive Bill Mann and Associates on the Day- B. Cons C been taken from studies have been conducted by estimates have Etiwanda system. All construction cost those reports City of Tna project area of the ment Agency encompasses most of the C Redevelo n�ent Contribution: in the ti Cucamonga Redevelop Community Facilities District. Randle ro osed h the fiscal w,t`;n this p P A envy, the Agency, through formations meco • 9 Tedevelo? approximately one-third of the formation of that `y reed to contribute aDP Improve- total process, 3 Creek drainage total tax Increment generated toward the Day ments to authorize a tax rate which Is consider- SO this as not to ask the voters is be needed In the future, It Is Proposed 000 per ably higher than may ncy commit a minimum of $500, ment Age under the report that the Redevelopment Thls exceeds Its current obligation committed will year to this program. ment thus The $500,000 annual P y costs, thus reducing Of commitment, and construction one -third 215.000 engineering it in future years, finance f3, Mello Roos• that amount will be the amount to be ral'^crement exceeds $500,000, of the annual tax special fax. utilized to reduce the Fund. The cost estimate sets forth a contingency and D, Continof $1,068,180 Setting a maximum tax to twenty years, will mean that the fund In the amount discount, will govern the also limiting the terms of the bonds and the bond und, which Is a interest rate, the reserve The contingency can be raised. allow some rate. Is established to takes amount of funds that thus, the maximum tax for the bonds and, factor In deriving be selected at the 'Ime the flexibility In the terms to rketing conditions prevailing some advantage of the ma bonds are issued. -11- 110 ,10 E. Water Reclamation Facilities: These proceedings authorize the Community Facilities District to participate in the cost of certain water reclamation facilities contingent upon the receipt of a Federal Interest free loan The _stlmated cost of these water reclamation facilities is as follows: Day Creek Spreading Grounds $1,100,000 Day Creek Basin $2 500,000 The application for the Interest free Federal loan Includes these two facilities together with a substantial portion of the Day ctlwanda drain- age facilities proposed to be financed by this Community Facilities District. In the event that loan were to be obtained, the maximum tax -ate old be significantly reduced since that rate is predicated upon subs ..,I Interest costs The costs of those water reclamation facll- Itles, .herefore. have not been factored Into the amounts used to deter- mine the maximum speclal tax F Other Fund Sources: In addition to the Redevelopment contri- butions, there are other possible fund sources that may or may not be available for this project A portion of the cost of the Improvement work will be expended In the uninmorrr•rated area. Such unincorpora- ted areas will not be subjected to t! " special tax. There are, how- ever, properties within these areas that may be served by the facilities proposed The City, concurrent with Initiating the Mello Roos district, will fornally request the San Bernardino County Board of Supervisors to Impose development fees on this unincorporated area with such fees being contributed to the financing of the facilities proposed Efforts are In process to finance a portion of the entire project by a Federal Interest -free loan Should these efforts be successful, the special tax could be reduced. Should properties outside the proposed boundaries elect and be permit- ted to drain into the boundaries, a fee would be levied with such amounts being contributed to the Day Creek fund. • V11 Rate and Method of Aoonment ofd The Resolution of Intention generally sets forth the rate and apportion- ment of the special tax to allow each property owner within the pro- posed district to estimate the maximum annual amount that would be required for pryment. A R=te of Special Tax: The maximum speclai tax to be levied on all : rtles within the boundaries of this Community Facilities private prop District shall be $550 per gross acre per year, except that for prop - ertles within Zone B, which shall be as follows: Zone B shall be taxed at the maximum rate of $550.00 Per acre for only only At such draining drainage plan shall I established be Zo B, subject to the Zone B, Y special tax Should areas In Zone be In excess of 190 acres drain Into - Day Creek, such excess areas shall be subject to the drainage fee hereinbefore stated Gross acreage shall be defined as the area of the property extending to the centerline of adjoining streets except for corner lots where the area of the street on the shorter side will be excluded from the calculation. All easements shall be Included In the area used latiion easements except those for easements for the work of Improvement Proposed power transmission. B Gross Arca: The maximum special tax is Initially set forth on a gross area base The reason considerable portion ofnsuch land will be and, as development occurs, devoted to public streets If area other than gross area were Initially used for the "tax base ", the maximum funding available from the Com- munity Facilities District would continually be reducing. Were bonds to -13- If � • be Issued, a question could develop as to the ability of the district to continue to meet Its bond service obligations. By Initially utilizing gross area, that problem Is avoided, When It Is determined that the maximum tax ern be reduced to net area, the matter will be considered' by the City Council. El C Special Tax Rate Reduction; At such time as the City Council finds that the maximum special tax so authorized exceeds funds re- quired to meet the obligations of the Community Facilities District the City Council shall reduco the maximum tax rate such that It Is calculated an a net area rather than a gross area basis If and when such re- duction is made, the net area shall be defined as that area for ttis parcel appearing on the latest map produced by the San Bernardino County Assessor or, If such area does not appear thereon, the area shall be that determined by the City Engineer _lq_ r r 3 0 VIII Secondary System The City of Rancho Cucamonga imposes a drainage development fee upon all properties •jithln the City. This fee Is cu,rently established at $4.050 per acre and Is collected at the Building Permit level. Within the boundaries of this proposed Community Facilities District, there are. In effect, two categories of deficiencies. The Day Creek Improve- ments, which are the purpose of this district, may be categorized as the primary oe regional portion of the drainage system, having an estimated current cost of $17,056,820 for that portion of this regional system to be financed by the City of Rancho Cucamonga Additionally, there is a secondary draindge system deficiency consisting of those laterals that will drain Into the Day Creek system. The total amount of that deficiency Is approximately equal to that of the primary system. The City's current ordinances pertaining to this drainage fee will not be altered or modified as a result of this proposed Community Facilities • District Monies collected by the drainage fee will continue to be used for the secondary system and that system Is not funded by this Community Facilities District IX Apportionment As further development occurs, apportionment will be required Apportionment will be done In the manner stated herein for the levy of the special tax -15- 1 /L/ • . X Total Pam 5?eclal Tax At such time as all bonds or other borrowing is accomplished, otliland within will t be possible-to set forth a total oblie expressed any In dollars per acre. it Is aistrict That obligation can be expressed the Intent of this program to permit property rwners, If they so wish, to pay off their entire obligation r.nd, in return, be relieved of the special tax The precise manner b/ which this is to be done shall be rdoseeof with is to its t o forth than it is the request poicy made The T pu he purp the T City to permit such a cash payment within the frameworks of the law* -16- I I � ' X1 Drainage a ndary Adjustments it Is conceivable that along the boundary of this district the final engineering plans may make It desirable to make minor adjustments within the drainage boundary. !t is not the intent of this district to preclude such minor adjustments No properties within the boundaries of this district and paying the special tax Imposed by this bSstrict will be required to also pay the costs of another primary drainage system To the extent that the servicing of debt obligations Is not Impaired, minor exchanges of s funds adjoining primary district and the to adjust mecha- nism eventually used adjoining p areas that may eventually drain to other than the drainage system which are now proposed method of apportionment, It Is my opinion that the special tax rate and as set forth in this report, are fair and equitable, unifor,aly applied, and not discriminatory or arbitrary Respectfully submitted, WILLDAN ASSOCIATES William C Stookey Engineer of Work 2 _11_ /i. Y GATE OF KEilhG STAFF CITY COUNCIL ® CITY CWNCIL CITY COUNCIL CITY COUNCIL CITY COUNCIL ORDER OF PROCEDURE CITY OF RANCHO CUCR4ONOA FACILITIES CRiEC 101114E SYSIEN) R3.1 FEBRUARY 1, 1084 IYasentatlon of eAO geryrAl lY q,oa1M the area end loodartes OF proposed Car Its "uflftl0 District A 1¢I'Itfn to M G,wal prefertatlon of ..tent and .Ypef provided General prBehtat ROn o< nethod aM gDdrt lan.em >} SpeGtu to S[Atratmt is to /Oast o} pr001" Rom Iss.t Adopt RESOLUTION 411tNORt2EN; ESTABLISIK4T OF SPECIA. REVOLVING FMO• This RefOI�tion Creates a l0octel revolving Tones M of FUND' lands tar D< AdvAnted to PAY tort'" Cottt " ..pa the project Moot RESOLUTION A7DPilhO PROPOSED BWNDUY NAD: Fdnal Ct10n addotln0 the "o of the vcooud Olstrfct Moot RESOLUTION OF INTENTtM to ESTABLISH OrN*r'rfiv FACILITIES OISTRICf mss h Nt rurfsolctia +J Resolution to lo,c a Com- ewltA� putties OWprlrtM 0Inp ISM a fpicl al t .., and Kt a tire Adopt RESOLUTION O'CERING •REPOIT• this N lnt form!, Ction of th! lealfllt ire lad? dl r<Ct InO th' Tedarat'" of A ''!port' for n Cdrww'It, Fast IIt1U District Adopt RESOLUTION OF IRTENTIM TO MIR BONDED IeR)MEDNESS: Th FS Atfa'utlon Sets forth the puroofe 4-1 vaunt Of lM P' >- ,sed Who debt asd the tIM and place for Pohl. narfnd SCNEDIAE FfBRUAR+ 1 1981 ApOOtIM 6 AESO:UTIM OF 11TEITIds i0 FFFN CdlNnlTl FACILITIES OI%TRICT ,W,lON OF RE Y INtENr10N TO :NCM B"4ROCE D WIN ]NESS >USLIC vEMIN"' AND AZO TV41 IF RESOLUTION; TO PROCEED WIN 0I5T- NaAC4 ] 19'4 RICT ETC ADOPTIOr r: RESWUTION SDR4IITIRG LEYT OF SPECIAL TAR 10 MM" TIED f.ECTIWS. `�Rr EC�Ii[DNESS yjOM OF MIES � OAS DY AND I RG EONO RO OSIMTO WALIiEO If irk _- J'r SECTION 1 My mnies Advanced to sale FUND shall constitute • loan and W repaid f,"-7, avenues per Pinar le.f.1 venial available Iron tNe District, plus Interest eg Said Interest shall be the Current nit ar shwa r,lived on sillier Rinds of in.eltrents by this AaeNCy SECTION A MI advanrwnt from Sala FUND shall te 10• a period of years not e.ceedTno RTfS) S[CTIDN S That lots special R[YOLNIIb rypD 1: Iors.d matr the autherlla- t10n Of Svh:rr s 57114 and S3114 S Of the Gown eat Coca Of the State of California PASSED, APPHOTED and ATgat[D this day of leis, ALES NOES ABSENT WAYUN ATTEST E C4l"•I r j1 2 R[7tUTION NO i H'A RE SOLUTIO" OF THE CITY COUNCIL OF THE CITY OF RANCHO CU YONCA. CALTFM414. ESTAR.ISHING A 5n[C14L REVIXYM FIpD FOR THE PLVPOS: OF PAYING FOR CERTAIN COSTS AX [VERSES RELATM TO A COnMITT FACILITIES DISTRICT WMAS, the CITY COUNCIL of the RANCHO CUCAWINGA. CALIFORNIA. Ihertsufter referred to as the 9101Slative body of tee local AanCIPI, Is r00ele •Ina the fauna. r tim of a Corunlly Facilities District N'Suant to the tens And provisions of 1'K 9lello.ions Cor malty Fac Jlllae Act of 19821 Mina Chapter 2 S Part I Division 2. Title S of the Goverment Code of the Sc.te Of California This Cownnity FCItItIK District 0111 berelnafter Ir reftned to Ss COWUNITT FACILITIES DISTRICT 40 PA.? (OAT CREEK ONAINAO[ SISTER) thereinafter referred t0 as the '01str1:t11: and. WEREAS, fictions 51114 and 53314 5 Idecifi:ally authorile the transfer of fande And leis establlshnnt Of A Rpetlal rev011110 TWO :0 crOrtdt COMAln mnie$ In advance* said venifS W M used as a loan for the ayovent of certain ar111miroq Costs and e2OMs11, iKludln0 but vet limited t0 the pay"!nt Of Current expenses, ac Rulsltim Of pr +o,rty HglneerinR services. And the COnetruttl0n of publlC Capital facllltles, all retatino to said District. and, WEREAS at this tine this Ie01sW,,9 boar 1s dtslrauS to estbl•sh a lorfal fund for aa,ldlh. Cfrtaln mile$ to be utllllm on A wtllnlnary basis, said ronles to be Mild upon the It,y of any 5.141 tae NON, THEREFOR[ BE Is OMVEO AS TOLLMS SECTION I 1Nat the above MITI's ant all true V4 correct SECTION 2 That the Ieolslatlre body does Hereby establish a special R[VMVI G r7U- rg�CpnAte4 by in@ mare of this Sestritl said FIND to W used as a revolvind fund, and any mole$ ]nanto to said FIND lean M Mild upon the levy of Any spent to SECTION 1 My mnies Advanced to sale FUND shall constitute • loan and W repaid f,"-7, avenues per Pinar le.f.1 venial available Iron tNe District, plus Interest eg Said Interest shall be the Current nit ar shwa r,lived on sillier Rinds of in.eltrents by this AaeNCy SECTION A MI advanrwnt from Sala FUND shall te 10• a period of years not e.ceedTno RTfS) S[CTIDN S That lots special R[YOLNIIb rypD 1: Iors.d matr the autherlla- t10n Of Svh:rr s 57114 and S3114 S Of the Gown eat Coca Of the State of California PASSED, APPHOTED and ATgat[D this day of leis, ALES NOES ABSENT WAYUN ATTEST E C4l"•I r j1 2 rI ' RESOLUTION NO 5 t% - 3 ° RESOLUTION 6 THE City COnrCIL 6 ME City OF RAICNO CUCAVOht;.l, CALIFORNIA ADOPTINS " AOIMOAAI MAP SNOAI% 'POPEATIES AID LUO TO I� NE SERVED NT CERTAIN ROSLIC CAPITAL FACIti. !; IES IN A C"1011" FACILIMS DISTRICT RR IOIERiAS, the CII[ COUNCIL Of the RAMNO CUCAKor4, Cµ1E0RNIA (Nerelr ✓ter fefentd t0 at the 9Rclslattre Jody Of the to.,) AaencYl. hq received, in Wooer torn, a vritten 'm'st for the INIt lotion of wMeMIMS to eCreata a C,,,ity FAC111ties Olstrlct C,rsdant to the I;,S am vovlslons Of tiny e110•ROOt Co+antty + Facilltles Act of 19A2- blind Cnaoter 1 a. Part I, D1NSion T. Title S Of the Dovernnent Code o' the State Of California ThIS Coee,nity facilities nl StrlCt ",ll herRlMEter Ee referred to H COINNp ITY rACILITIES DISTRICT V A4.1 (DAY CREEK (RAMU STSTM thereinafter refened t0 at lM 'Dislrfct'1 aNd, + MM.AEAS there Mt been tobvttted A MP ~,0 lM >coertiB Od Cancels Of IoM Prryosed to be LertlCed by the tedrOrenent] Nlhtn the at"PrefereKed District NOW. TIQNEFORE, RE IT RESOLVED AS FOLLOWS SECTION I that the IDOee recitals are Ill true " correct serviced )EE��oDof as RVNI1CNcaplull'""It's$ tors the 0011- 1e4ereled D1St,1Ct Is hereby aooroved and Uooted Said MP It JtRidnaled by lM nre Of Bald Di itrlct in' Of'OfUl Of Office ofsb'E -iEEy Cltrtf end a COPY Oil Itbe d On file1i1, in* Office 0'I the City Chain" PASSED. APOICTED and ADOPTED this _ day of , IOU AYES NOES ARSEVt ATTEST l� rNleft"Im- rt 5 RESOLOTIOV No. it L ' 31 RESOLUTION Or THE CITY COIYCIL OF TIE CITY OF RANCHO CUCANOMwA, CALTFOFNOA. OECLARIfG ITS INTENIIOI TO ESTA8LIS9 A COw"ITY FACILITIES DISTRICT 410 TO LEVY A SPECIAL TRY TO RAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID ( COP"M FACILITIES DISTRICT I wEREAS, the CITY COUNCIL of the RANCHO CUCARWA. CALIFORNIA, (hereinafter referred to As the 'IeolsiAtive body Of the local AaenCy'l. has received, In Prosser faro, a written reoaest for the Initlatian of Prxeedlnas to Create a Co.Hnity Facilities District MfWht to iM taws aM Se"i SIOM Of the'Rello -ROet Corwelity Fallitlet Act of 1982. Gina Chute, 2.5. part 1, OIwi SIOn 2. Title 5 of the Goverreent Code of the State of California, MIS [amenity raellitles District shall hereinafter be referred to u CONNTN ITT FACILITICS DISTRICT NO. M.1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as in! 'District-): and, WNELEAS, this leolslative Doty Is my required to Proceed to Scoot Its Resolution of Intention to InRNte Proceedings for the forw,liOM of Said Dlstrl:t, to set forth lye how darles for said District. Indicate the type of ausslfe facilities t0 be DeOvidtd, and set a tine and Place for a m,bl1C Garina relatln0 t0 IN mto. lishvent of Paid District: and, "(PEAS. A Mo Of slid District has been S aMaltted, mach said Ma It Gre- Dy ooroved, aM A daoy c' told Mass $Mall be Sent m file with the transcript of • these o .eedinas. 1011, MIREF0IE, FE IT RESOLVED AS FOLLOWS: a- SECTION I. That the abore recitals ere all true AM COrr1t S(CTICN 2. that the written reOWSt for the Initlitlon of the dronedms for the or1 oartn of the Corrvnity Faell,tl— as MrMy 1111,10, aooroved, and ordered to be Real an file with the transe,Int of these aroCeedleaf for this District SECTION 7 It Is the Intention of this laalslatlre body to fan a Casty- nily. FACAITETI—S-MI ricl, the GunOales Anti Parcels Giro that are, Of land In which Public 1,CII101S ere to G arovlded aM m which snecial tales My G TeYled In order l0 cay the cost Nat aoente$ fcr Said owallt fcllltle$ A desc110tlon of the boundaries of territory mopot,d to be Included In the olstrlct Is as falls" Certain ProoartICS lying within the (011041no described boundaries SOu"trly by FOURTH STREET VestarTY by wILLIKEN AVEWIC Rartherly by the Northerly Clta Melts of the City of Rancho CW mwa (M104AaO AVENUE AM WILSON AYEAICI (aslerly generally by ET10404 AVCLUE TO' patitulars, reference IS Not to the No a% Pbfously v,,"td and W /111 In the 011lde OF the tlty C'era aM A rare Metalled Mefcrlotic, will aHO G found 11 the orallnfnary Galneer's 'Rory for said Coewalty Facilities District SECTION 4 The hue at the or000ttd Co,whity'Militias District to G Tarred tM1TT'5j' own aM Mslanate0 as CommlTT FACILITIES OISTRICt V. pA.l (04, CREEK CAINAGE SYSTEM) 91 12. 0 Alt It 1[ Ue intention of this ` r .tr' lh^ SECst' COnfin E 104111101 lt 1 nI or 111tat 10n r• er't♦ •NI Or 0' ^!'i tI-.M- "tjn cd is •rrt^^ oromrtt usef.1 life a of . ne•• DraDerty •Ito nil +nn uiefol IIIe or /ht rt ) ' 4Q 4 GrflI to nett hired Boon lens Ape -:/ n - Senn a ncu 1 I •Itmn 1Is 12011[: !er «U b• 10n d 1 e or io, rind .1 rent or rennllxatl0^ Y.Lto Public uDitJ1 4nllf tfn to b ynrl YE ++ au follo•rs SO r I Pt114AaY UTAIMGC •1 LITI[S to "I'VE ;'S t •>• J•n`e• aryl, ( DEBti$ A.LSIe; 1t CwstfWtIO^ It flood La• it Ilan She Nt y,' re- IJSiEion n+i[n IhQS1Ie! ;t •'• u\1- ar;orrtr' v'1 Y -rtn t PeF'7 the City. I Y wf 1`1111 •\Ili+^ rr :e I itur"Irmnt etSoh "o fr [ip 'Wr rs tat In to 7° . `I w •'r of the city of tinone S` CKA, •1, (FOAN Srttt dN•-I• gr+stl," r•nr 1 • y f _r y et a. 0 tIe IOI10.1I on t (flWAVA C, -this 't W'41EVILL! 4 Y flood Co 101 • ..... I" rat. Ilttr "e" 1 "Jro.h� �+ DItl1Sh Vnd f1000 F 1'I f,wt a -_ —. I 11N^h. t ryrc•+ i- r� oo0.. rq,<' ^'\n(t A,V 1411Y' aY ! I• U! C +` r of M+'ln0 DODtf- • n 1fQ Op rele+t •t Y +t.\In IY It) 'F• I t CA /LlY 6515' 0 n[R'IRt ! • C0 ^I!1 Oe t• ertain DA, 'PEEr forlso •0 T8.%fs a'd V. DAY 4 Ct2CJ MS I+ %^I rmft the Load It la. 1. 11 in Federal inierelt- t! '!M5 a^t I' •I. 1-10110 t on of - 1^jl[t -OT -NY t rr^I .., 1 I^['u01 n0 oanr la.11lt Mo., 1 es—n VI JII !:Ipe AI e. -stf P 11A. tin Da.e- EettrlLrd, r• 'ItIlitln ..;Ich this It w[AY1te' !1 IS. nor MI.'S ..n D• Ste It Is "re y `I • L.rt+r ' .': I+d then••" utl " •e•':[d rc\ IHn ..r •r.ess"r to Yen ver +.� b•a••'L olwed a tnla bC•) at 1 rnuit ! Otlelow" rr rP'.• uI J • • 1'Y • "hat 's M -.!• lu•t ^t rdDOled ILAt trti3• Mil r! r/• ` ✓1 r�`rjl Ial+'1r41t1 rr a tD = "• N, • rll ent to M, for HIC IS Ift -1. nil he ned r•.f 11. .11 ^11 Inc -I 'r. • turd 0". 'I1 1- fr 1: llr• H to I" 1 utf fed NI 101 47.1101I±nt • I.. "d : -Jaar tV, •!'f,: :n It -Act b •r•I•n B trip lltsht! -1 tr:a• -•A:•d F.hlart si'f form In f.rFP dnall let ••t MC al F r t1,vf "' t0 11 • !. +y 'In^ Vir -r rttl`•nl +IIh w I.J I y1e0 I D14'r:l t0 C rlrl, rttl -l•• Ire 1'n ,I 1ryYn: Ir 51`! tt•5,4 .III rI\f 1J Ld• for Isaid fecllitltt B 1 SEC BO I q' It IS G,vfl • -i1 .• ME 'N rir tl1 ,+u Car <N v •+( WE,1 •r "� -rWrT? P+ 'r+E aEGlIt AR •[Erin. RACE J AC tlGi" IE A' '• NG THE 48E•IS. Cif, .¢t A 1UeUC •WIW. o -• [E !!n . ._r in ll GISLAT ISC p' —I YELL =,SIDE' t,C ESTABLISK -ENT C! Nip nrvy`- r.•Al'1.1n r";L; 'IS DfIvRICT N ^PDS[r A!4.1) loi1 VPDefIDS V 6 TIC IeIC..L fat, '• 41 Df•d M' Yes 6 ,,P� SEt F'4111 11 AIS R'C.StICV Of IVTEITIDY IPIT d' 1E c -,.r KY•I ^49 r; Mo A s TINE TWO PLACE FOR PUBLIC HEARIK: MS PERSONS INTERESTED, INCLUDING TAXPAYERS- PRO. PETITE OWNERS AM REGISTERED VOTERS, NAY APPEAR AND BE HEARD, AND THAT ME IESTIMOAV OF ALL INTERESTED PERSONS FOR OR AGAINST ME ESTABLISHJQRT OF THE DSTAICT. ME EXTENT OF ME DISTRICT, In ME FUvn ISHING OF ME FACILITIES. WILL BE HEARD AND Ont• SIOEREO. MY PROTESTS NAY St MADE ORALLY OR IN WAITING. HOWEVER, Me PPITESTS PERTAINIM5 TO ME QIGV.ARITY OR SUFFICIENCY OF ME PROCEEDINGS SMALL BE IN WRITING AND CLEARLY SET FORM ME IRREGULARITIES MO DEFECTS TO WHICH ME OBJECTION IS MME. ALL WRITTEN PROTESTS SHALL BE FILED WITH ME CLERK OF THE LEGISLATIVE BODY ON OR BEFORE ME TIME FIXED FOR ME PUBLIC NEARING. WRITTEN PROTESTS MAY BE V11102MN IN WRITING AT ANY TINE BEFORE ME CONCLUS104 OF ME PUBLIC HEARING SECTION A. That notice of the tin aM place of the public nearlra Shall be Riven byte CiCy Clerk in the foilo•tna nnner• 1 A Notice Of Public Hearing Shall to Dubltshed in the legally Designated eRusoacer of general circulation, being the DAILY REPORT, said Rutll:atice mmuint to Section 6041 a the WverNNYnt Code. with sold Publication to be cen letee at least seven (7) &:1 Prior to the date set for Pe P011c Marina 2 A Notice of Public Nearing Shall be ailed, postage me- paid td earn Properly cheer NW registered Voter Nthln the boundaries of the s 0• Posed District: Said mllino to the property c•rtrs sill be to the Address as OR. on the list mullised assess•ent 1011 Said millnq Shall be cbePleted at least fifteen (IS) days Prior to the date set for the . Alic hearing SECTION g All envlron•ental evaluation Procredlnas rtlatln to the fan,- ^.n and r.,UTq-6f this District Pall be c"letrJ Prior to the Ate AM tin Set I the Public hear Gw ATTEST vossEn AFPAOVED and AOMPTEO -Nis ely of , IRMA AYES NOES ABSENT 17-- w` W jz3 ["Oftoa Cllr K RANCHn CICAPONGA CO"041E FACILITIES nISTRTCf NIL M.1 -Av CREEK DRAINAGE SYSTEM) FF 1' CIMi41 •A• { r The C~Ity facilities Dlstr'c. has peen divided Into AO fonm: .i ZONE •,e. (mineral peas t0 ee served by the bNMOe flttlitlet Hcluslre Of ZOM I Il •e• Z04E •6• A c on elled area. belno ly urtiply solved by &alnaoe facftltles Zoe 1 7. •e• consists of those erd0ertles bounded do the South by FOOTHILL SOOLE. 10D. on the East by ROCHESTER ANENU on the Nerth by BASE UM ROAD• and oA the Rest by the ovol"Catio, of MILLJK(l AVENUE J. r v. Z The rate. •Othol aM forxula for tM levy Of the sotolal tea for the reIpdctive ' IMA$ Wind Zone •A• iM Zone •e• IS as follows based M =A a pond Munt Act t0 estate eZOMS.001. eA)aDle qtr A oerl0d Of years Mt to exceed twenty (ZOI yep$ ZONE •A• nor TD EXCEED SSA.00 PER ACRE + EONE •e• NOT TO EXCEED SSSO 00 PER ACRE FOR IV ACRES. At mph tiol as the first dralMOe elan IS established for Zone •B•, only those Orooertln that ? drain Into the hAV CREEK CHANNEL shall be fuble•.t to the $xNal drama➢* ee. Ivns of Zone •B• IN MISS of I" acres llat m train into tH Oa1 CREEK CHANNEL shall be .bjtTt to I d"Indle fee W jz3 ["Oftoa 1 RESOLUTION 40. F " - 3 1 RESOLUTION OF THE CITY COWIL Or THE CITY Or RANCHO CUCA•101GA, CALIFCAVIA. OADERING AM DIRECTING THE PREPARATION OF A FINAL -REPORT' FOR A COYRAITY IWACILITTES DISTRICT WEAEAS, led CITY COUNCIL of the CITY GF WORD CICAKWA, CALIFOARIA, r (hereinafter "it," to as the •Ienlslatlre body of the local Aeenq'), has declared I its Intentton to Initial* croceedpp + 1 to create a Conn:ty Facilities District Pursuant to the terss and Previsions of the Wello -Roos Co+.unity, Facilities Act of 1902•, beino Chaoter 2.5, Part 1, Division 2, Title 5 of the Goverment Code of the State of California This C~Ity Facilities Olslrict shall hereinafter be referred to as CONnollit FICILITITS DISMICT 40. 44.1 (DAY di EER ORAIMLE CYSTEN: (hereinafter nfvred to as the 'District'): and. WCREAS, there has roe been submitted by Ono owlntM EnolMer of Wrk a &rWolnary 'Redorl' relatla to the weceed Phis for the above•refereNced District: am. WIPERS• this lealflative bcJy Is n deslard to direct the Prwantlon of a final - Pedort- to Xmlde sore dstalird Infereatfcn relatino to tie Pr000.cc District. the orewted Pre2Kt facilities and estiRacc of cost NOW, 'NEHEPORE. Of IT ILSOLVID A' FOLLGfc SECTION 1 not the above recital, are 0 t,,, am colre4t I ICTIOR 2 TM1 11111144 ASSOCIA'ES tV a,"total 14GIIIII OF 1a1RC Is F'eby dlrec�F� Ordered to Peoare a final 'Aw•rt' K Da Present hl to this leOlslatfve body, said final 'Revert' to contatn further infineal'on and data rma,d. IM a Oesc,lOtlo, of the Pro2Kt facllPles re0u1red to ever led 4f44 of the Dist. its Furth' "to and In GIA10n rwarOlnO in* nllNta of the toot 10' Wovidim said facilities, and an, further dots relitino td Pa ate or reLhdN a/ tlwrttoreent of Va toK10 tas reoulred to finance said crabct gCllltil Sold Final 'cwo.t' shall further contain any ether ftterial that Is -clarw to the KcoosK ProIK• facilities Pr District SECTION S, Said final 'loot' uocn Its weoarr•l01• shall K SNO11tled to his lear%17. ve body for veviv.. am said Anal - Rabort 11,11 be We a dart of the FKOn of the wbllc Marino on 'Fe beto TUtlOn or lntentl0n to No ttlllsft $aid District PASSED, WROeED an' W-1E0 this _ day If , la4 A1ES 4CES ASSENT ATTEST {T_=L . el • RESCILUTION NO ;Fa 33 RESOLUTION Or THE CITY COUNCIL OF THE CITY i RANCHO CUCARONGA. CALIFORNIA. OICLARTIG INTENTION TO ISSUE YINDG SECURED By SPECIAL TRIES TO PAT FOR CERTAIN FACT, HIES IN 4 COMMUNITY FOCILITIrS DISTRICT MIEREAS, the CITY CDl2II or Ice City OF PIANO &LCWONGA. CALIF(0414. I'I Merelnafter referred to as lA1'itolelQht ,,y Or Pe 10CII Aau.:Y 1. has •4Clarre P m .IS Inteltlon to Ord:r Q fa tjoh of A C* jty Facilities Olst,icl for Carta,, ProlAct facilities pu•suanl to tee te—s and Provisions of the 'Ne 110-Root Cvvvllt, F"llltln Act Of 1982% beln* [Mater 7 5 Part I, D10s,on t, title c of the Gorerrrmemt Fade of the State of Callfornia. corr,htim with Stctlon 57111 This Coarynity Facilities s strlct Rail herrinafter be referred to IS COIMLNIIY FACILITIES DISTRICT 1O p 1 (GAY WEER DrA:W.E SYIIENI (M -Ani t!r referr<d to as the 'District -) am. WMAS. It Is the intentlin of Inks lenslative body to firl"q All or A Portion of laid f&elll In throudh tie +sfuan[e of boat, Slid Pods to be secured by ASLetlal V"'S, all IS duth*1111d Durswant to laid melt*.Root C *~Ity Facilities Act or TBPB' NOW, TPFREPRE IT 15 HEREBY RCSOLVEO AS fOLLM SECTION I 'hat the Bore 'Mites, are al• true and correct I SECTION t mat this 1POSSIAtive body 0.[,rn that the C,IIC ;omeMIMV anL .e:ev7ij rlrn tnae A Inrd•d hamteen.tf be Innrred to HnAnce all 0r A perticn of certaln p.btic protect ,."Titles M PoPCted for the do jL ,t#d Dl Ftrlct SECTION D. Ivat tee "IM.a 'Or Pie bdooseo H end f"lllt as Irmlto to be /Invc�l'Touoe the I[SPa,ce Of V rd PONS It aenelIlly deS.rtEao as follows: To flnan[e the C,rStrl4tlo, Aid I,ftall<tlon of Me,, pW llc Capital batntee id facilities, topfther hIt- V'oWlfnanl <t A 4pwtMert work, Cla Pit :nctdentai ea tenses to serve ant provide bAinaaw Protection t0 PC *Artln with In Uhf Wl iarles of the Proposed Co Ursty FZ titles DISlr Its SECTION t, tr,t the ".Ft of the WOOClad MnCed Mebtednns, IMI.d'M tee cot: o7- E>- +iT[III[ +ea udat Nsr dtn .II ONldortAl rrptnse[, is a ... all, as follows. SAID PAWEDr FACILITIES PCLUDIY 1'C10147AL EXPENSES SNLL qt fICIED S.M,zi.000.00 SECTION '—NOTICE IS GIVEN TM' ON t.E TIN ^ay IF MICN. 19M. At THE HOUR rT OF F•TO O'C[ftF,. IN ME REGULAR'Cft-NG 1ACC OF THE LIGESLATI,E %Dr. BEING TIE I CO"N" dVIERS, City wIL, A PUBLIC WMIN. Hta BE HELD pA ME INTENTION OF M:S L LEGISLATIYE MOY TO INCUR A BONDED INOCS -ENYSS TO FIANCE PUBLIC FACILITIES IN ME FIIIEEDINFOP SAID MIBLIC DISTRICT HEARIM. BPAY PER5' '. 11IMSTED. IICL'1Dl% PERSONS M.J; O Mo. PEAry NITHIN ME AREA, way APPEAR Ah0 MENENr My NATlER3 AILLT116 TO THE AOPOSCD IrtER)IOV AND AECESSITY FOR INCLRRIK T1? ME BONDED :NCEBTEOWSS TO PAT FOR ALL GO R PORT;Ds U, ME NMGPOW, K911C FACILITIES 10 R SECURED BY A SPECIAL IAA TO BE LEVIED WIMPI SAID CCHMUNIIY FAWLITICS DISTRICT I.,I- 0 L, 1E Sl2-r 6 1, t notice o1 the ... arc Dia;e of the Public nearl, shell Dt Of ren pl1TI14 9e In tnt tice of Wanner Ie¢al. 1 A Nestle, Of Psblll Mearino $hall D! Wished to the f 4ffh'"us ne.f¢ader OI o<nval clr; ylal'an, be fiq THE dIL✓ REPORT. sH0 be clC"101 wrfuant to Section ddi of the Ewv.rn t CoOe..Itn Sala Dyp sic et son to De coop lettl at seat seven (7) Calf Dr Nr to Ile Oat. set for the ",I, Neosho. tD each c A Not lee Of pyplll veer one shalt pe fttlr0, oof oaot Ae¢tlO, pr¢Dertl Daher arN rH lfter<0 toter .Ithih the Doundultf Of tn< VDDD$ed list loot feed ...ts& to the DroDVOl owners that; pe tD ;he tlaeif ss moan an the lift eOYal ilH aff,filnt ro'l Said .all,DO shall h c (151 dalf Prior t0 the data let /Or the Du01fc hear,.¢ xDl,lM at least fifteen ATTEST PASSED, APPADiED and ADOPTED thlf G) or 9a AYES ROES ABSENT L cede and entered into this � day of ESailcipal a. THIS AGR1�S'-1 CUC ' C%-FmU' 1983, by and 'jeVem the CITY OF RAT00 „City' and RC IA\M OQ'TXV - a torpor hereinafter referred W �'cer referred to as 'Tleveloper ". r atim. d ship, here California 9ee�al partnership, provides as follows: —E.Crm—s is required 'i er desired to eoaplete the irov� H. �, Develop g real property in the City sb`x`n an for the subdivision of certain 119341 11 approved Tentative Tract of Tentative Tract condition Y tins naval .IorAs, one of u'a w iflood Pr t¢ction facilities be providedi 11934 is that add Federal Bv,.rSency Manage- ,. Map NO and the the Corps of Engineers Protection requires the (� Cam' adequate flood . rtent Agency has detercdned that said adeq de protection ttuction of a training levee to PT°vi east levee of the Day Creek Spteaiin8 Grrnrnds acquIsicion and cons .` outbreak of the Zone ^� froa a possible the Flood plain w reaove Tentative Tract id. 11934 from and �� rl�e tralnisl4 levee is re4tiir� north of HiBhiand Avenue, r, the safety and protection but is necessary for in the incorporated area Cucmrmga main- to acquire the zighi ht-of-way for the •, of area within the City of Poncho wv *, City is ""ling ��it ',X- and ••8•. • at the Presen= I've a across the property described in said right-of -vayl time only if Developer agrees to pay all costs of acquiring City and Developer agree as follows: 04 Tt-�E• e. by appropriate (1) Developer shall use its best efforts to ,te of the crain� levee construction and IDaL'1Leilar a�i1ns, an ease^+ent for Exhibit "A." imd'B" atta ched hereto. ® across the property described in ..7 (2) If Developer is unable to acquire easement after using its best efforts, City shall use its lxst efforts to acquire by apprOPriate proceedings, including eminent domain proceedings if necessary, said easement (3) Developer may utilize said easwimr, when aged for the construction of a training levee. in order to satisfy the flood protection conditions of Tentative Tract $0. 11934. The location. d -s -gn and consuve- ticn of said training levee wit`s said easawnr shall arufor—* to all City and appropriate goveiamrsntal azencies' requirements therefor. (4) All costs of acquiring the aforesaid easement shall be ooa.e by tha Developer Said costs shall include, b. -- s.vall not be li=:ited to. just cat.,rnsation for the prupercy acquired including severance damages, if any, litigacixn expenses and da7ages upon A(snl Ssal or defeat of right to take. appraisals, acquisition agent expenses. legal fees. and court costs Awry settLamenc which exceeds 115% of the alarais ed value shall be approved by the Developer (5) Immediately upon the execution of this Agreement. Developer shall cake a payment on account to the City in the non of $3,000.00. This sum, and any other deposit with the City, may be used for any Purpose con - terplated by this Agreement. ' (6) Prior to the filing of a complaint in eminent dmain for the propose of acquiring the easement 'herein described, Developer shall deposit with the City the Probable amowt of ca pwsation, based on an appraisal, that will be awarded in the Proceeding, together with am additional sum equal to 151 of the probable amount of coapentatim. Said amount, aid additions thereto while in the control of the City, will be kept in an interest bearing account (7) In the e-ent additional ronies are necessary in order to conple-_ AIM ( the acquisition contctplated by this Agromlent, Developer shall deposit the `F -are with the Cicy within fifteen (15) days after derad is made therefor. -2- .IY (7) (cart. ) Vitlnut in any way limiting the foregoing. wi -hi_n fifteen (15) dn7s alter entr of Judaaatt, or other oreer, in any aaaine t danain proceed!%g, Devclrrper shall d3posit with the City an w%A_nt of moral sufficient to enable the : icy to cake said payment (B) Stbsegncmt to the cmclusicn of all proceedfn93 contemplated by this Ag:-eument. City ahcll return any unused portion of Developer's deposits inclining interact thereon to Developer x9) thl.4 Agrexmmt shall. be binding and shall irme to the bmafit of auccesscrs and assigrm of the parties hereto. (10) IL= is of the essence of this P.greeaenr.. (11) This AgMmeat nay be codified T at*rded only by an instru- ment in writing executed by both parties (12) In the event either party is required to caase+ce legal action to sexxre performance by the other party of any of the provisions of this Agreaaent, the prevailing Farty in such litigation shall be encitled to recover court costs and reasonable atrornsys fees IN UTIMM 1"TEEDF, the partie3 have executed this Agreement an the day and year first above written. PZ L411) C("ANY a Califo'rnia General partnership BY: IV? MULL LYCH CaMNY a9 -neral Farrneri Dior a res me 211983 a es c utt GEC— I Un' OF RAMV C(F.MMA Mayor -3- /� 9 . � L.... G� L �� R Y �, ��` ,� � '• flC'1 Kivu �' /L' pSC,VI/t�i o�`�. %ye 7� j �' �tti CGnc�it ti ux P.U. Qo,Y g— Ccnc a t� 48 % 32 9_�t � L663 - 64"74 T-F4 EV- 17 q 9 Q- 14 -7'i '�'6 �dcQn. �'� rbonG / log s:Z .Zoq �i✓1- erd� 48�' • 7'/3Q �/lru� lU� /sof• lv X19 L'.g�Er, J��,� ��y-`J�� 4- �3 1n7uv gyp.. l2, l..T. A4 r� �.wla.%&xa -,o - pftytD �La CK�'� Co17d a'•ndan OArt 93- 7`4070 Gll� 4Ada;�- Qom- g$o -.2541 987- "Al �I�o cRKi C-r- F.4), 8Cx 7?f /9PG GG� Z /e 18'y w MIKES a F PMACAMIEEIRO"MIHC. 10 wx 0 I1f �M,xf 14Kx RA1n w1e, RANCHO 6ANTAFE,CALIrORMA 92067 ,q •xpuE „ei 1, y,,,,, ir�m� oniii few. January 23, 1983 Lloyd 8 Hubbs, City Engineer City of Rancho Cucamonga P 0. Box 807 Rancho Cucamonga, CA 91730 RE: ASSESSMENT DISTRICT No. 82.2 (ALTA LOMA FLOOD CONTROL DISTRICT) Dear Lloyd Enclosed herein please find updated PRELIMINARY ASSESSMENT DISTRICT LOIN APPLICATION FORM, gelierally fe11ow1n.1 the Guidelines that we discussed at the meezinG last week. Please ?.gain review, and l will be happy to finalize the form upon receiving comments EE proposed amendments yours, BROWN FIIO:bd encl. cc: Robert Daugherty, Esq , City Attorney Don Owen & Associates PREL1MI NARY ASSESSMENT DISTRICT LOAN APPLICATION FORM WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, is conducting proceedings for the formation of a special assessment district for certain drainage improvements, pursuan. to the terms and provisions of the "Municipal Improvement Act of 1913 ", beinq Division 12 of the Streets and Highways Code of the State of california, said special assessment district being known and designated as ASSESSMENT DISTRICT NO 82 -2 (ALTA LOMA FLOOD CONTROL DISTRICT) (hereinafter referred to as the -Assessment District ") :, and, WHEREAS, inasmuch as the primary benefit for the Assessment District is the right to develop undeveloped land, the City Council is desirous to make funds available as a loan to certain property owners whose parcels qualify either as partially developed or non - conforming, all as shorn in the Engineer's "Report" for the above- referenced Assessment District: and, WHEREAS, said loan will be made available to those parcels who submit the appropriate loan application and who qualify, and upon said loan being made available, the property owners will agree that said parcel of property will not be converted to any other use for a period of ten (10) years from the date of said loan NOW, THEREFORE, it is mutually agreed between the undersigned property owners and the City of Rancho Cucamonga as follows: I That loan applications will be made available for all persons who sign on this preliminary Assessment District Loan Application form 2 Tha- if the undersigned property owners qualify, inasmuch as their property is within the class of partially developed or non - conforming, that loan funds will be made available to assist in the payment of their assessment 3. Both parties mutually aqree that said properties shall not be converted to any other use or further developed for a period of ten (101 years from the date of said loan 4. Said loan shall bear interest from its date at the rate of ten Percent (100, and shall be all due and payable upon the expiration of said tun (10) year term, or may be deferred until the issuance of any permit for further development Open the expiration of said term, said loan shall continue to bear interest. 5 Any assessments for the 11th year and /or subsequent years will be collected on the tax rolls if not discharged at that time 6. The undersiqned property owners hereby further waive any right to protest or object to the formation of the above- referenced Assessment District, but does reserve the right to protest or object as to the method and formula for the spread of -ssessments T The undersigned property owners further acknowledges that any Prepayment of any assessment will not waive or accelerate the ten (10) year term, as set forth in this Agreement ' b i A B. It is mutually understood that an Agreement -ill be executed by the property owners, secured by a deed of trust, to cover ail loan advances as made pursuant to this Preliminary loan Application 9 The undersigned property owners are desirous of receiving loan contribution funds to assist in the payment of their assessment 10 lhis Agreement may be terminated at an earlier date by the property owner giving `ive (5) years written notice to the Public Works 0lrrctor of the city, and pro - aerty owner shall, upon the expiration of said five (5) year term, pay interest for the remaining balance of the clan agreement SIGNATURE OF DATE PROPERTY DESCRIPTION PROPERTY OWNER November 16, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Couucil of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, November 16, 1983. The meeting was called to order at 7:35 Pon, by Mayor Jon D. Mlkels. Present were Councilmnmberot Richard M. Dahl, Charles J. auquot II, Phillip D. Schlosser, and Mayor Jon D. Mikelo, Also presentt City Manager, Lauren it. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lem; City Planner, Rick Comex; City Engineer, Lloyd Hobbs; Finance Director, Barry Empey; and Community Services Director, BL11 Holley, Absents Councilman James C. Frost whu had take.1 is wife to the hospital. Approval of •Unutes: None wdro submitted for approval. 2. ANNOUNCEMENTS A. Thursday, November 17, 1983, 7:00 p.m. - PARR ADVISORY COMMITTER MEETING, (tons Park Community Center. S. Because of the holiday, the Planning Commission will not have a quorum at their next neeting; therefore, the meeting will be cancelled. C, Thursday, December 1st, 1983, 7:30 p,m, - ADVISORY COMMISSION MEETING, Lions Park Community Center. D. Mayor Hikels announced that Prvurly Authelet, Deputy City Clerk, has earned her C1C and and is now a certified municipal clerk. F. Mayor Pro Tem, Mr. Buquet, made a presentation of a proclamation to Llovd Hobbs, CSLy Engineer, for his time on Measure W. F. Mr, Wasserman requested Consent Calendar, ices, "t ", be removed, C. Mr, Dahl requested Consent Calendar, item "o ", be removed for discussion. 3. CONSENT CALENDAR A. Approval of Warrants, Register No. 83 -11 -16 and Payroll ending 10 -30-83 in the total amount of $524,621.58. B. Approval of Assessment District 82 -1 and Assessment District 82 -2 Warrants for October for $253,473.16 and $6,210.00. i� ,X - g. .CSry Council Minuses •» November 16, 1983 Page 2 C. Forward Claim No, CL 83 -47 against the City by S. Kennedy to the City Attorrey and Insurance Carrier for handling. D. Forward Claim No. CL 83 -48 against the City by Ray Royster and Ray Royster, Jr. to the City Attorney and Insurance Carrier for handing. E. Alcoholic Beverage Application No. AB 83.21 for On -3ale Bear 6 Wine Eating Place License, Mlmi's Deli, Marlon and William Kellas, 9799 Base Line goad, Suite 1. F. Alcoholic Beverage Application No. AB 83 -22 for On -Sale Beer L Wine Eating Place License for the Sassy Steer, Cheryl and Edward Dobrtynski, 903U Vineyard Avenue, Approval to accept Bonds and Agreement for a portion of Tract 9351 submitted by Lewis Development CO., located on the west aide of Sapphire between 19th and Banyan. RESOLUTION NO. 83 -187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Or RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A PORTION OF TRACT 9351 H. Approval of Improvement Agreement and Security for 9833 Highland Avenue submitted by Joe and Marla Dias. RESOLUTION NO. 83 -188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 9833 HIGHLAND AVENUE I. Approval of a Cnopotative Agreement No. AG 83 -68 with the Department of Transportation (CalTrans) for the design and construction of a traffic signal at 19th Street and Archibald Avenue. This project is on the City's 1983 -84 Capital Improvement Program. RESOLUTION NO. 83 -189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMTNGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH IHE STATE OF CALIFORNIA J. Approval of Improvement Extension Agreement and Improvement Security for Tracts 11663 and 12019 - Marlborough Development Corporation - located on the east side of Archibald, south of Church. RESOLUTION NO. 83 -190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACTS 11663 AND 17019 K. Approval of Intent to Vacate the Eust /West Alley located between 8th Street and Acacia Street, Past of Cottage Avenue, RESOLUTION NO. 83 -191 A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE THE EAST /WEST ALLEY LOCATED BETWEEN 8TH STREET, EAST OF COTTAGE AVENUE L. Approval of Agreement No. AG 83 -69 for design services for a traffic c "goal at Carnelian Street and Lemon Avenue. This project appuars on the City's 1983 -84 budget for capital improvements. q, , City Council Minutes November 16, 1983 Page 3 M. Approval o' Final Tract Mal No. 12305, a two lot condominium development on the north site of 19th Gttent and the east aide of Hellman Avenue, and accepts•ce of bends and agreement for construe -ton of a portion of 19th Street and Hallman Avetue submitted by Charles Roy Construction, Inc. RESOLUTION NO. 83 -192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12305 N. Approval to solLClt bide for City -wide Concrete Repair Annual Maintenance Contract. 0. Approval of Map Amendment for Fival Tract Nap No. 11350 submitted by Lowy Dovelopment Corporation (formerly Lesay) located at the northwest corner of Hermosa Avenue end Base Line Road. RESOLUTION 10. 83 -193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA9CH0 CUCAMONGA, CALIFORNIA, APPROVING AMENDING HAP OF FINAL HAP OF TRACT NO. II350 P. Approval of release o: a portion of Letter of Credit for 4th Street Storm Drain. - located on the nort,: aide of 4th Street 2300' west of Etiu eda Avenue. The bank will continua to holo 4176,000 for six mon -ha as guarantee of labor and matellals. Developer) Etiwa��.a Investment Company (Pic -N -Save) Release of Latter of Credit $352,000.00 Q. Approval to accept a Real Properly Improvement Contract and Lien Agreement for CUP 81 -03 for construcrtor of , median island on Foothill Boulevard and Archibald Avenue (Miller's Cvtpostl RESOLUTION NO. 83.194 A RESOLUTION OF ru, CITY COJNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNI ,CCEPTINC A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AG.,E.AENT FROM DAVID AND DENYSE HILLER FOR CUP 81-03 AND AUTHORI2TNG THE MAYOR AND CITY CLERK TO SIGN THE SAME R. Approval to bngln employee development and training program jith Rose -Lewls 4 Associates. Ctct of the program is 97,000; amount is budgeted. S. Set public hearing of December 7, 1983: Appeal of Planning Commission decision denying General Plan Amendment 83 -04B and Zone Change 83 -04B - Sycamore Investments A request to amend the General Plan Land Use Plan from Office to Neighborhood Commercial and a zone change from A -P (Administrative Professional) to t:-1 (Nnighborhood Commercial) on 5.44 acres of land located at the northeast corner of Archibald and Base lino - APN 202 - 181 -27. T Set public hearitki of December 7. 1983. Amendment to Final Hap 11350 - Lowy. The applicant it requesting approval for architectural, site plan and amendments to the lo, lines for the previously approved Tract 11350, 114 tovnhomas located on 1C acres of land on the northwest corner of Base Line and Hermosa - APN 202 - 182 -13. (Item rencved; it was a duplication.) U. Set public hearing of December 7. 19831 Environmental As- eesment and Planned Development 83 -34 (Tentative Tract 12366) - TAC. A change of zone from A -1 (Limited Agricul-ure) to R -3 /PD (Multiple Family R- sidentlnl /Planned Development) and th.- development of S4 tovnhomns on 4.3 acres of land generally located vast rr Vineyard, north of Arrow - APN 207- 211 -16 V. Sot public hearing of December 7, 1983: Proposed Develo;raent Agreement - PD 83 -01 Calmark. Approval of the developer agreement for the Heritage Park senior citizen apartment units located northwest of Bale Line Road and Archibald Avunue, south of the Southern Pacific railroad tracks. it "� % "" City Ca,utail Minutes November 16, 1983 Page 4 N. Approval of Resolution to set public hearing of December 21, 1983: for the intent to change street names of Pepper Court to Culpepper Cnurt and Pepper Street to Culpepper Street. RESOLUTION N0. 83 -195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, DECLARING INTENT TO CHANGE THE NAME OF PEPPER COURT TO CULPEPPER COURT AND PEPPER STREET TO CULPEPPER STREET MOTIONt Moved by Buquet, seconded by Schlosser to approve the balance of the Consent Calendar with items "0" and "T' removed. Motion carried 4 -0 -1 (Frost absent). Discussion of Item Ot Mr. Dahl asked what the end product would be used for; woun It be rent-1 or condominium. Mr. Gomez stated that it was a townhouse where units will be for sale. Mr. Dahl stated he had no problem with this then. MOTION: Moved by Dahl, seconded by Buquet to approve Consent Calendar Item 0. Motion carried 4 -0 -1 (Frost absent). Mr. Buquet stated that in future we Lhould make a policy that a company would not be allowed to open until all the acceanss are completed . There were many problems with the Miller's Center by opening early. Mr. 4asserman atsted ti-at another problem was chat the open trenches veto creatlne a problem for the children going to and from Central School. Therefore, a temporary crossing guard had to be hired to help the children around these. Hr. Dahl asked if there would be a left hand turn in the median island. Mr. Lam responded the median island has not yet been designed. 4_ ADVERTISED PUBLIC HEARINGS 4A. NEW DEVELOPMENT CODE AND DISTRIC' NAP. Review and consideration of Cho proposed Development Coe an an Maps to replace the current Interim Zoning Ordinance. Staff report by Rick Gomez, City Planner. Mr, Gomez stated the there was still one issue left over frog the last meeting, whi --h dealt with a piece of property at 6th and Hellman owned by Mr A Mrs. Groomer. Ile had concerns regarding the change Dade by the Planning Commission to the respective lat.d coo designations density. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Heg 4 Jess Groomer, owners of property at 6th and Hellman. Mr. Groomer stated Chat the tax benefits to the city would be considerable if they developed this property as stated in their letter, Carry Brown, Building Industry Association, stated that they are Lit support overall to the Development Code. lie felt that once the "bugs" were worked out, it could become a model for other communitles. One co,tcarn, however, was Cho section tainting to "Foothill Areas ". They felt the areas in :ia foothills should be more flexible witn a 10% plus or minus variation. Claud Elam, for Regina Builders, Inc. of Upland, addressed the 6th and Hellman rezoning Issue. There are also two ether property owners present with simillar desires as Mr. 6 Mrs. Groomer, This evening h4 is representing Hr. Porattl, a land owner in the middle site. He wanted to see medium density restored to the area. )1• City Couocii Minutes t November 16, 1'483 Page 3 Larry Dirorona, owner of property at 6th and Hellman, wanted to develop their property into a duplex, triplex, and quadplex development. Larry Williams, 6th and Hellman, owner of the most northerly parcel. He stated he had received no notice of the public meeting. One of the neighbors notified him of this meeting tonight. They also were going to build duplex, triplex, and quadplexes, they bought the property with the Idea that it was zoned 12 -14 unite per acre, and he desired to see the density restored to eedium density. There being no further response from ti:e public, Mayor Hikele closed the public hearing. 6TH AND HELLMAN AREA ISSUE• ACTION: Consenous by Council to retain the low- medium designation. When a p an oea come in, Council can reconsider at that time. TEN PERCENT REDUCTION IN THE VL DISTRICTS 1 ACTION: Consensus of Council to leave as is. a •a Hr. Buquet had A special concern near the western edge of the Industrial Specific Plat, at gill and Baker. He stated that p:eaently in this area there will be a conflict. A eimiliar area is the 6th and /zchibald which backs up to an industrial area. He was concerned someone might coma in and purchase the whole corner and develop an R -3 type project. If it were an Industrial Park designation then that type of use occurring would be 3restly reduced. He was concerned that the southeast corner might become a residential island. Hr. Comas stated that if this is Council's wish, than staff would conduct an amendment to the Industrial Specific Plan in conjunction with a General Plan's i change, =1 ACTION: Council directed to continue with Ordinance 211, with 2nd reading for P tTie meeting; for staff to bring forth an Industrial Specific Plan and General Plan amendements for consideration at the first meeting in January, j'. Hr. Dahl stated he wanted Co put a minimum square footage an single family ' detached housing, with a minimum of 900 square feet to become a past of the O.volopment Code. �i Mayor Mikels opened the meeting for public hearing to discuss the minimum size of 900 square feet for single family detached houses, d There being no response, the public hearing was closed, F ACTION: By consensus of Council, it was added a miniuua, site of 900 aquae* KY e�for single family detached housing to the Development Cods. City Clerk, Lauren M. Wasserman, read the title of Ordinance No. 211 fee a new r7. first reading, w A ORDINANCE NO. 211 (new first reading) AN ORDINANCE JF THE CITY OF LVICHO CUCAMONGA, CALIFORNIA, ADOPTING TIME 17, DEVELOPMENT CODE OF THE RANCHO CUCAMONGA MUNICIPAL CODE, INCLUDING ADOPTION OF A DEVELOPMENT DISTRICT MAP, REPEALING THE INTERIM ZONING ORDINANCE, AND REPEALING TITLE 17 AND CERTAIN SECTIONS OF TILE RANCHO CUCAMONGA MUNICIPAL CODE. MOTION: Moved by Dahl, seconded by Buquet to waive the full reading of r ranee No. 211. Motion carried 4 -0-1 (Frost absent). a v,. 16, 1983 Page 6 Mayor Mlk.tls eat the second reading of Ordinance No 211 for December 7th. 4B, ORDERING THE 'WORK IN COMNECTTnN WTTN ANWTArTnw wn It vne . City Clerk, Lauren M. Wasserman, read the title of Resolution No. 83 -196. RESOLUTION NO. 83 -196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOVGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXAVON NO. 15 IO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCCPTING THE FINAL ENGINEER'S REPORT FOR TRACT NO'S. 12237, 12137 -1 AND 12237 -2. Mayor Mikelo opened the meeting for public hearing. There being no public response, Mayor Mikele closed the public hearing. MOTION: Moved by •hloneef, seconded by Buquet to approve Resolution No. 83 -196 and to waive full reeding. Motion carried 4 -0-1 (Frost absent). a w e s Mayor Mikelu celled a recess at 8:30 p.m. The meeting reconvened at 8:50 P.M. with all Council members but Mr. Frost present. e a s e ♦ 4C. APPEAL OF PLANNING COMMTSSrON wnnTPTPA,,nw no ..ora,.......� e.. ...,.....- ._.... wperauonal montrication$ to the conditionu of approval Mich are intended to resolve complaints and disturbances created by thin. establishment. The business is located wlthln the Rancho Plaza located on the northwest corner of Carnelian and 19th Street. Staff report by Rick Comez, City Planner, Mr. Waseerman stated that the City Clerk had recleved a complete list of Petitions. The ones Council now has is only a partial list. Council will be given the complete set in the near future. MayorlSlkals opened the meeting for public hearing. Addroaoing Council were: Fran G. BCOOkinOs, Attorney, 399 W. Mission, rapresenting the appellant. Ile addressed the issues which are hours of operation, noise pollution, comparibllity with the aroe, and eating astabl.shment. Larry Arcinage, owner of the Boar$ Head, spoke specifically to the things he had accomplished to reduce problems. Cane Collins, 7995 Orchard Street, General Contractor, had installed the new sound proof door and sound board around the back door. Lie wanted Council to be aware that these precautions had been completed. Mayor Mikele asked for comments from those who were opposed to the appeal. Addressing Council .+are: Douglas Moore, 8339 Carden Street. Robert Lenco, 5931 Buckthorn. Maria Fajardo, 8600 hawthorn. Bill Ungles, 6375 Sapphire Street. Stella Headley, 6474 Jasper, Steve Wright, 8271 Whlrlaway Court. Melvin Futrell, 6623 Topaz Street. City Council Minutes November 16, 1983 Page 7 There being no further comments from the public, Mayor Mikels closed the public hearing. Mr. Dahl asked Lb. Futcher to rep.QCt on the number of calls sin�a 1982 to the Sheriff'a Department, sad what the con:arns were. Lt. Putcher stated that they had not •eceived any cells since October, 1982. There were only two calls from the Boar's Head. One was a fight inside the Boar's Hand and the second was a disturbance in the parking lot. Discussion followed by Council regarding the 4 concerns. MOTION: Moved by Schlosser, seconded by Dahl to uphold the Planning Commission's decision with the exceptinn that the hours of operation be left from I1�•00 a.m. to 2800 w.m. Motion carried by the following vote: AYES: rahly Buquet, Schlosser NOES: Mikels ABSENT: Frost a • • a a Mayor IMikels called a recess at 10800 p.m. The meeting reconvdned at 10115 P.m. with all Councilmembere but Councilman Frost present. • a As a SD. PPEAL OF PLA10lI1,1C COMCtISSION DECISION DENYffiC GENERAL PLIN AMElID14ENT 83 -04A MD ZONE CHANCE 83 -04A - CARNELIAN INVESTMENTS. A request co amen --tWe- Lidnerai Plan Land Use pan trum Low Residential (2 -4 du /uc) to Medium Residential (4 -14 du /ac) and a change of a.no from R -1 -8500 to R -3 /PD (Multiple Family Residential) on approximately 7 acres of land located on the South side of Highland, between Jasper and Carnahan - APV 201 - 214 -08. Staff report by Rick Comet, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were$ Dave Headley, 6474 Jasper. Charles Sanders, 6453 Jasper, Bob Abalone, 5486 Jasper. Stella Headley, 6474 Jasper. Marjorie Day, Attorney$ representing the largest landowner of 46 lots. Doug Moore, 8339 Carden Street. Bill tingles, 6375 Sapphire. Bob Martin, 8263 Alta Loma Drive. Dennis Martin, 8313 Orange Street. ? Dick Nelson, 6320 Holley Oak Drive. Hike Pinnalto, 6606 Holley Oak Drive. There being no further response from the public, Mayor Mikels closed the public V' hearing. } Mayor Mikels stated that the developer, Doug Corgen, had cent in a request to r? continue the item to thw first meeting in Febi�ry. s; { MOTION$ Moved by Dahl, seconded by Buquet to continue item to the February lac a meat ng of City Council. i Mayor Mikels opened the meeting, again, for public gearing. '1 16, 1983 _G' t Page 8 Addressing Council were: Dave Nelson asked if a decision would be made at the February meeting or would this be continued again. Mayor Hlkele stated that at the February lot meet.-. we would have an option to deny or uphold the eppoal. However, we hope to have all the materials necessary to sake a decision at that time. Addressing Council wares Bill Ungles, 6375 Sapphire Street. Marjorie Day, Attorney. Kenneth }lull, 8511 Orange. Mario Valence, 0275 Alta Loma Drive. George Kirkendall, 6441 Oseper Street. NOTION: Previ"sly made by Dahl, seconded by Buquet to continue item to February let meeting. Motion carriud 4 -0-1 (Frost absent). Council directed staff to place the item at the first of the agenda. a s i a a Mayor Hlkels called a recess at 10:55 P.M. The meeting reconvened at ll C5 p.m. All Councilcembers, but Hr. Frost were present, a w a a a 5. NON- ADVERTISED °UBLIC HEARING 5A. CONSIDERATION OF At:ENDMENT TO CHAPTER 1.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE IN ORDER f0 REOE INE C RTAIN HORDS. Staff report presented by City Attorney, Robert Dougherty. Mayor Mikels opened the meeting for public h- aring. There being no response, the public hearing was closed. City Clerk, Lauren M. Wasserman, read the title of C.vanance No. 212. ORDINANCE NO. 212 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 1.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY AMENDING SECTION 1.04.010 (G) TO REDEFINE THE WORDS "MUST" AND "SHALL" AND BY ADDING SECTION 1.04..00 TO PROVIDE THAT NO CODE, ORDINANCE, RESOLUTION OR ADMINISTRATIVE REGULATION SHALL CREATE OR IMPOSE A MANDATORY DUTY FOR OR UPON THE CITY OF RANCHO CUCA11ONGA OR ANY OFFICER OR EMPLOYEE THEREOF ACTING WITHIN THE SCOPE OF SUCH OFFICE OR EMPLOYMENT. MOTIONt Moved by Oahe, seconded by Schlosser to valve full reading of Ordinance No. 212. Motion carried 4 -0 -1 (Frost absent), Mayor Mlkels set second reading oL Ordinance No. 212 for December 7th. 6. CITY MANAGER'S REPORTS 6A. REQUEST FROM SOUT71LIJ CALIFORNIA EDISON COMPANY TO SUPPORT RELICENSINC OP HYDROELECTRIC' prOJPLrl'$, Randy Bond, General Manager of Edison Company, was present and made a report to Council. City Council Minutes November 16, 1983 Page 9 MOTION: Moved by Buquet, seconded by Dahl :o approve Resolution No. 83 -197 and wTTull readirll, Notion carried 4 -0-1 (Frost absent). City Clerk, Lauren N. Wasserman, road the title of Resolution No. 83 -197. RESOLUTION NO. 83 -197 A EESO ,'.UTION OF THE CITY COUNCIL OF TM4 CITY OF RANCHO CUCANONGA, CALIFORNIA, IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY, 68. CONSIDERATION OF CATV CONSULTANT. Oral report presented by Lauren Wasserman, City Manage r. Mr. Wasserman stated that they we- - requesclna Council approve the decision of the Subcommittee subject to ratification of the contract at the December 7ch meeting. Mr. Wasserman introduced Michael Friedman, of Telecommunica;ion Management Corporation. ACTION: Council concurred. 7. CITY ATTORNEY'S REPORTS 7A. COUNCIL CONSIDERATION OF AN AMBULANCE ORDINANCE. Staff report by Robert DOUBT ,ory, .—Y Attorooy. ACTION: Consensus of Council was co look at sn ordinance at the second meeting in nuary. 8. COUNCIL BUSINESS hu items +ere submitted, 9. AOJOURIMENT MOTION: !heed by Schlosser, seconded by Buquet to adjourn to a Closed Session. Fwfon carried 4 -0 -1 (Frost absent). Misting adjourned at 11:30 P.m., not to reconvene this evening. Respecttully submitted, Beverly Authelut January 4, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUILS Regular Meeting 1_ CALL TO ORDER A regular meeting of the City Counci of the City of Rancho Cucamonga was held In the Lions Park fomnunity Canter, 1161 Bale Line Road on Wadnesday, January 4, 1984. The meeting vas called to ori•r at 7:34 p.m. by Mayor Jon D. Mikels. Present were: Couacilsembets Richard N. Dahl, Charles J. Bu�uet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon . Hikels. Also present were: City Manager, Laurrn h.. Wasserman; City Attorney, Robert Dougherty; CO=uaLtV Development Director, ,Ick Lam; City Planner, Rick Comet; City Engineer, Lloyd Hubba; Community Seri cog Director, Bill Holley; and Finance Director, Harry Empty. Approval of Minutes: None had been submitted ' r approval. 2. ANNOUNCEMENTS a. Thursday, January 5, 1984, 7100 P.I. - HIS7111C PRESERVATION COMMISSION, Mons Park Community Canter, b. Wednesday, January 11, 1984, 7:00 p.m. - PIANNIN COMMISSION MEETING, Lions Park Community Center. C. Thursday, January 12, 1984, 7:30 p.m. - ADVISORT 1?21ISSION MEETING, Lions Park Community Center. 3. CONSENT CALENDAR 30. Approval of Warrants, Register Noe. 83 -12 -30 and 84 -1- , and Payroll ending 12 -25 -83 lot the total amount of $361,665.89. 3b. Alcoholic Beverage License Appalcation No. 84 -01 for Vet ran's Club License for VFW Post 6680, 8751 Industrial Lane, 3c. Forward Claim No, CL84 -01 against the City by Blaine L. W. beau Canetruction {• to the City Attorney and Insurance Carrier for handling, 3d. Forward Claim No. CL84 -02 against the City by Anthony Louth iartinez to the City Attorney and Insuranco Carrier for handling, 3a. Forward Claim No. 84 -03 against the City by Moffatt 4 Nich 1 to the City Attorney and Insurance Carrier for handling. 3f. Approval of lease purchase afire sent, AG84 -Ol, of John Door, tractor and Roseman rotary mower to replace equipment not serviceable for th workload. Ibis is a budgeted item 39, Item removed for discussion. fit :r Council Minutes JAautr7 4, IP84 P =S* 2 3h. Acceptance of CCfiR's and Ralense of Agreement between the City of Fjmcho Cucam.nga and TAG Development to provide CCWs prior to issuance of occupancy Permits for Tract 11144. RESOLUTION NO. 84 -01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORVIA, TO RELEASE AGREEMENT BETWEEN THE CITI OF RA1:CHO CUCAMONGA AND TAC DEVELOPMENT AS RECORDED LS 111GUST 17, 1983 AS NO. 83- 189766. 31. Intent to Annex Tract hoe. 12184, 12237, 12237 -1, and 12237 -2 to Street LLHhting Maintenance Districts vo. 1 and 2. It is recomeadad that City Council adopt the resolutions app -0vfn4 the Engineer's Report and setting the date of pL%lic hearing for February 1, 1984, RESOLUTION NO. 84 -02 . RESOLUTION OP' THE CITY COUNCIL OF THE CITY OF RANCHO CUC:IJOKCA CALIFO °.NIA, OF PRELIMINARY :.PPROVAL Of CIT1 NCINEER'S FEPORT FOR ANNEXATION NO. I TO STRLET LIGHTING MAINTENANCE DISTRICT NO. 1. RESOLD -.ION NO. 84 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, rALIFORNIA, DECLARING ITS INTENTION TO ORDER T.•M ANNEXATION TO STREET LIGHTING MAINTENANCE MHTRICT N0. 1, AN ASSESSMENT DISTRICT: DESICNATINC SAID ANNEXATION AS ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSU /ltr TO TILE LANDSCAPING AND LIGHTING ACT OF 1912 AhD OFFERTNC A TIME AND PLACE FOI HEARING OBJBCTTONS THERETO. RESOLUTION NO. 84 -C4 A RESOLUTION 09 THE CITY COUNCIL. OF THE CITY OF RANCHO CUCA.MCHGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENCIN,tr S REPORT FOR ANNEXATION NO. l TO STREET LIGHT' AINTENANCE DISTRICT NO. 2 RESOLUTION NO. 84 -05 A RESOLUTION OF THE CITY COUNCIL OF THA CITY OF RANCHO CUCAMONGA. CALIFORNIA. DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2. AN ASSESSMENT DISTRICTt DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LAIDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARIN' )EJECTIONS THERP.TO. 3J. Sec public hearing date of January 18, 19x,1. - Environmental Aeeusament and Zone Change 83-08 (TT 12525) - Truax. A change of zone from medium density residential (8 -I4 du /ac) to low medium residential (4 -8 du /sc) for a total dovelotaent subdivision of 16.5 acres into 123 lots, comprising 122 zero lot line units generally located on the south side of Arrow Highway, between Turner and Center Avenue - APN 209 - 091 -10. City Council Minutes January 4, 1984 Page 3 3k. Set public ht :,cing date of January 18, 1984 - Environmancal Assessment and Development Code Amendment 84 -01. An amendment to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, amending Section 17 08.040 -B and 17.08.040 -C to require a Conditional Use Permit for single family detached dwellings lose than 90D square feet. 31. Set public hearing date Gf January 18, 1984 - Environmental Assessment and Sign Ordinance Amendment. An amendment to Title 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 :0 feet to a height not to project above the roofllne. 3m. Set public hearing date of January 19, 1984 - Certification of Environmental impact Rupert for Alta lama Drainage System Construction Project. MOTICN: loved by Schlrsser, seconded by Dahl to approve the Consent Calendar wT—Ihe deletion of item "g ". Notion carried unanimously 5-0. DISCUSSIC!! OP IT@I " ": Approval of Condemnation Agreement with R.C. land Co. orconatruc'ion o Training levee providing flood protection for Tracts 11934, 12044, 12045, and 12046. Approval Is recommended of agreement with R.C. Land Co to cover all costa involved in the condemnation of lands required for the construction of a flood protection training levee. Mayor hlkels asked where the parcels for condemnation were located and who were the owners. Mr. Hobbs responded that they are basically located nortt of Highland Avenue, between Etiwanda Avenue and Day Creek. It is within the County jurisdiction which involves three parcels. One parcel is ryed by Caltrans as part of the freeway right -of -way. There are two other owner4hlps: one by the McGuire family and the other parcel is owned by a partnership of which Wayne Blanton is the contact parson. Mr. Hubbe distributed a package to Council with the legal descriptions of the properties. Mayor Mikels asked what discussion had tarn place with the owners regarding property acquisition. Hr. Hobbs stated th, owners have been contacted; one owner wants to cell the entire property, and the other owner has taken a similar position because he does not want to encumber the property at $3,000 per acre with this type of encumbrance. Mr. Dougherty stated that even though the property was in the County, the City could use eminent domain procedures to obtain the property for the purposes of flood control. Discussion followed. Mayor Mikels stated he would like tc talk with the owners himself. Mr. Hobbs stated they are under some time contrainte, but this could watt for two weeks. MOTION: Moved by Mikels, seconded by Buquet to continue to January 18, 1984 meeting. Motion carried unanimously 5 -0. City Council Minutes January 4, 1984 Page 4 4. ADVERTIS - °D PUBLIC HEARINGS 4A. ENVIRONMENTAL ASSESSMENT AND C=R PLAN AMEHOMENT 83-048 AND ZONE CHANGE 83 -0 - SYCAMORE INVEST. In. M an_n mant Co t e Genera Pen Land Use Hap to change t e nor[ east corner of Archibald and Base Line from an Office designation to a Neighborhood Commercial designation and to change the zone from Ap (Administrative Professional) to NC (Neighborhood Coamirclal) - APN 202 - 181 -27. Staff report by Rick Gomez, City Planner. Mayor Mikele opened the meeting for public hearing. Addressing Council vas: Jan Crouse, from Sycamore Investments, encouraged Council's approval. There being no further response from the public, Mayor 'Llkels closed the public hearing. City Clerk Wasserman read the title of Ordinance No. 215. ORDINANCE NO. 215 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING REZONING ASSESSOR'S PARCEL NUMBER 202 - 181 -27 FROM AP (ADMINISTRATIVE PROFESSIONAL) TO NC (NEIGHBORHOOD COMMERCIAL) FOR 5.44 ,ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF BASE LINE AND ARCHIBALD. MOTION: Moved by Dahl, seconded by Buquet to valve full reading of Ordinance No. 215. Motion carried unanimously 5 -0. MOTION: Moved by Dahl, seconded by Buquet to approve Ordinance No. 215. Motion cerried 3 -2 -0 by the following vote: AYES: Dahl, Buquet, Schlosser NOES: Mikels, Frost ABSENT: None 4B. ORDERING ANNEXATION NO. 16 FOR TRACTS 12077 -I AND 12105 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. Staff report by—Uoyd Hobbs. Mayor Hikels opened the meeting for public hearing. There being no response from the public, the public hearing was closed. City Clark Wasserman rrad the title of Resolution No. 84 -06. RESOLUTION NO. 84 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 16 TO IANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOP TRACT NOS. 12077 -1 and 12305. MOTION: Moved by Buquet, seconded by Schlosser to approve Resolution No. 83-220 and valve full reading. Notion carried unanimously 5 -0. City Council Minutes January 4, 1984 Page 5 5. NON- ADVERTISED PUBLIC HEARINGS 5A. APPEAL OF PLANNING COMMISSION DECISION - ZONING ORDINANCE DETERMINATION - ALTA LOMA FEED STORE. An appeal of the Panning Commise ou s deelslon regarding a request to determino if a feed store facility is appropriate for the VL District of Etiwanda. Staff report by Rick Gomez, City Planner. Hr. wmez stated that the appellant had requested a continuance. Hr Naaserman stated the reason was that their legal counsel could not be present this evening. Mr. Frost stated that this item has been discussed for several mouthe and he felt thtw should not be continued. Discussion followed as to whether the item should be continued. Mayor Hikels opened the meeting for public hear.lg. There being no response, the public hearing was closed. Mayor Hlkels stated the item will be continued to the meeting of January 18, !qA4. 6. CITY MANAGER'S STAFF REPORTS 6A. FONTANA RESER%T ANNEXATION. The San Bernardino County LAFC is seeking input from Fontana. Ontario, and Rancho Cucamonga regarding the future division of the Kaiser Steal Preserve. Staff report by Rick Gomez, City Planner. Hr Nzsabrman stated that LAFC has tentatively set up a meeting. Staff will notify Council when it has been confirmed. Council concurred to continue this item until after the LAFC meeting. 6B. LAND USE ANALYSIS - 9TH STREET AND MADRONE AVENUE. At the December 7th meeting, LSty Council directed staff to prepare a special lend use study designed to determine optimal industrial and /or tesidentfal land uses within the planning area bounded by Arrow Route, Baker Avenue, 8th Street, and the County Flood Control corridor. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public input. There being no responso, the open meeting was closed. Hr. Buquet stated he brought this up at the time of the Development Code hearings. His concern was while there was housing on the northeast portion that is presently under consideration for R -3, he felt there would be Game problems with an R -3 designation In there because there would be an incompatible use up against single family housing. Another problem Is there would be general 4ndustrlal backed up against that. He felt Council should look at an Indubtrlal Park designation. That it would be more aesthetically blanding with the n,lghborhood rather than a general industrial designation and would also protect tie houses already there since it would be a long time before this would be developed. He favored OF ton 2. ACTION: Council concurred that this should go to the Planning Co®lsslon for public hearings wirA Alternative 2 being their eholaa and to come back to the Council for final Approval. pl-lf� w.'S. �. \." �i yi �en'�1' sin .. . - s - .: .a eK �AiC. 4�iy -� 4K ys•n, TL".,.. VAIG — ' CLty�COUgc11 MLnutes January 4, 1984 ' y Page 6 - CITY ATTORNEY'S REPORTS Mr Dougherty stated he had nothing to report. B. COUNCIL BUSINESS There vas no business 9. ADJOURNMENT MOTION: Moved by Dahl, seconded by Buquet to adjourn to Closed Session not to reconvene this evening. Motion carried unanimously 5 -0. The meeting adjourned at 8:12 P.M. Pespectfully submitted, Beverly Autheler Deputy City Clerk i es• '6