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1985/12/04 - Agenda Packet
4 A4 `,, �` . tr cry of RANCM CMAMOWdi C`TY COUNCYL � $ AGENDA 1977 Lions Park Comuniay Canter 9161 Bata Line Road Rauchs Cuessenea, California Dae +eber A. 1965 - MA a.a. All item esbdtted tar the City Conseil Agcaia stt ho in writiag. Yka deadline for eobaietisg these item is SS00 p.mo m the WaleeaSay prior to the mating. The City Clerk's Office receives all such itsa.. 1� ce! fv_ 1�O�El A. Pledge of Allegiance to Ply!, N Roll Call, Wright __, Dupo,;t ._, Mi4als Dahl __. zed Linn C. Approval of Minutest None eubsitta4. } A. Thursday. fmtmber S, 191S, 7100 •p.w - HIBYOIICAL y �r PR38LLVATI:11 COMMISSION - Lions Park Comcslay Canter, �.. 9161 best Linu Road. u . R Thursday, December S, 1983, 7130 p.d - ADVISORY C010iI8SI08 - Lions Park Cmmmity Center, 9161 ease Live Road. (Combined Wcvesba�- Doceebar meting.) � FI C. Wedsesde /, Deeesber 11, 1905, 7100 p.s. - PLANNDSC COMMSICA, Lions lark Coemnity Center. 9161 Sees Line P Rod. •" D. Thursday. Dtcembar 19, 1983, 7130 p.a. - PAIL ADVISORY COMfLSSIQ - Lions Pack Coamnity Center, 9161 Daaa Lias load. , or • r'Y �i .x. - :rat �l'!li: -'1• City Council Meeting -2- December 4, 1985 a The follcwiag Conant Calendar item are ampacted to be rout," and aea mtrevaraiol. They will be rated mpam 117 the Coussil at one tic vitbont discussion. A. Apprwal of Warrants, Resister No's. 12 -04 -85 and (1) Payroll ending 11 -10 -85 for the total stourt of 51,263,491.29. S. Approval to receive and file current investment (S) Scbadule as of November 26, 1985. C. Approval to forvard Claim (CL85-033) ageloet tie City (9) by The DeSiari's for an automobile accit.aet ne..r the intersection of Route 66 acd Ballmen to inturaace carrier. D. Approval to forvard Clain (CL85 -034) agsieet tba City (21) by Rodney Roos for pwoonal injuries near the location of 19th Street, vest of 'raarea to iaaurauee wvrier. S. Approval of Pipeline Uiense (COBS -121) 1•etweea the (23) Southern Pacific Transpo`tatioe Company aid the City in connection with Tract We. 11797 x atiA eau of Archibald Avenue. north of Use Lino Dead Ord the approval of an asreameat batvesn !be developer, Sycamore Investments and tle City. REMOTION NO. 85 -317 (34) A RESOLUTION N SRS CITY COUNCIL Of TU CITY ' Or RANCHO COCAMMA, CALIIORPIA. APPR /ISC A PIPE LI93 LICENSE SIMMS TER CITI A9D IRE SOOTIM PACIIIC TRANSPORTATION - OVPANT POS TIDE DfSTALLALTION ON STORM DPJIS PACILITIPS WITRae TIM RAII.ROAD RD7RI -EX -FAT V. Approval of Contract (CO85 -122) with L. A. Wainscott A (35) Amse -Lates for engineering services fn•: the widening of Barmoea Avenue from Victoria Avenue t3 19tb Street and for the extension of EEaadlton Mecca from Bermosa Avenue to Deer Canyon School. A act -lo- .monad fee of 817,700.00 oball be quid from the 03st4sn Development fund. 1 a'�.lt .'w ~. tr•Ateti1 i'fi ,' -�� E �• 4 City Council Nesting -3- December 4, 1985 C. Approval Contract (CONS of -123)- with C C Engineering (523 for Archibald Avenue Sidevalta between foothill Soul ward and Ba3• Line Reed for $8,500.00 to be funded - frot TVA Article 3 funds. B. Approval for City Manager to vote in favor at the (65) Toothill Tire Protection District special election on Tuesday, December 10, 1983. The City is entitled to east 12 votes in the election. 2. Approval to proceed with fuad ?og maebanisa to establish (117) ■ Certificate of Participation frogru for the proposed Public edery -Civic Yteilities. J. Approval to eutborisa the City of Reecho Cucamonga to (68) participate in a Service Delivery Area vichiu the West Valley of Ban Bernardino County under the California Taa(ly B:onomio Uscurity Act and the United States Job Training ParMersbip Act. RIMOLDTI(N NO. 85 -318 (69) A RESOLUTION 0? YEN CITY COUNCIL 0 TIE CITY OT RYNC6'0 CUCAMOMA. CALIFORXIA. AOTBOMMO PARTICIPATION id A SSM9ICS DELIVERY AREA VIT®N IRS VAST VALLEY OF SAM BERIAIDIN0 JOUNPf A. Approval of Iogzavemaae Agreement Security for COP (70) 84 -09, loraced north of Victoria Avenue am the *art side of Mvead• Avenue submitted by thr Corporation of the presiding Bishop of the Church of Latter Day Saints, a Utah Corpc�aticn Sole. RESOLUTION NO. 85 -319 (77) A RRSOLUTICR Of TAX CITY COUNCIL Or THE CITY OF RANCRO CUCANOWA, CALIFORNIA. AM072M0 IMFROVEMT ACRAQO M AND IMPAOVDMT SECUAITr 701 CUP 84 -09 L. Ipprovil of Itprovemast Agreement and Ir roverat (78) Sanctity far Tract 12922, located between Lenom and Eiibland Aveoues, east of Naves Avenue submitted by Lessen Developmeat, Inc. (Len Bentsoel �r RESOLUTION 10. 85 -320 (87) 4 A MOLUTION OF TEE UITY COUNCIL 0: IRE CITY UP RAICMO CUCAMOBOA, CALIFORNIA, APTPOTINC IMTICILWT 10RTMITS, INPAOVPMT SACORITY AND llffe MAP Or TRACT 10. 12922 4 0 City Council Meeting -4- December 4, 1985 M. Approval of Iyproeemant Agreement and Ieprovawot (88). Security for Tract 12914, located on the northeast corner of Archibald and Eigbland Avenues submitted by First Nationwide Istvort Mortlue Co., a California Corporation. RESOLUTION 10. 85-321 (98) A RESOLUTION Or TIE CITY COUNCIL Of TIE CITY ON RANCHO CUCAMONGA, CALIP08T?4, APPROVING INPROVENIST AGREEMENT AND IMYROYRMaT SICORIYT AND FINAL MAY Or TRACT 10. 12914 I. Approval of Improvement Agreement and Improvement (99) Security for Tract 12001 -2, located on the eootb aide of Banyan Street, tut of Carndiao submitted by The Deer Creek Company. RESOLUTION 1o. 85-322 (109) A RESOLUTION Or TIE CITY COUNCIL Of TIE CITY Of RANCHO CUCAMONGA, CALIr03E1A, AYPROVINC IMPROVEMENT AGRENMEVT AND WICYOUT BICURITY AID rINAL NAP Or TRACT 10. 12801 -2 0. Approval of Improvement Extension Agreement and (110) Improvement Security for Tract 11549 -1, located on the southwest Corner of East and summit Averuea aub L{tted by Lewis Rows of Californit. 998MUTICS No. 85 -323 (112) A RLNCLUTION ON TIE CITY COUNCIL Of THE CITY OP RANCHO COCAKMA, CALIFORNIA, APPRC9DW IMPROWNERT EXTENSION AGIr"S AND D=(Y/tNEIT SECURITY TOR TRACY 11549 -1 P. Approval of Red Property Improvement Agreement and (113) Liars Agreement from looter T. and Migddis Laster for their property located at 5553 Crooked Creek Drive. MOLOTIOM 10. 85 - ?24 (120) A Z=M nON Or TIE CITY COUNCIL Of T6' CITY Of RANCID CUCAMONGA, CALIFORNIA ACCNPTIRG A Imp. PROPERTY IM710YSKIPT CONTRACT AND LIE! AGREOtET INCH ROONER T. AND MICDALIA E. LANTEN AND AOZNONILINC TIE MATOI AND CITY ;D._ MIKE TO SIGN RANI City COuuail Nsetiag -5- Doceabar 4, 1985 Q, Approval to release E0042 and Rotics of Conplation for (121) Tract Non. 1164 and 1165 - Paradttes, 8trn'ay F. Telicb, Inc. Deposit Snn1 U 45 97 76 0300.00 Deposit Bout n 45 97 77 $500.00 Paitbfu/ . +rlarmnoe Bo&1 (Road) $298,458.00 IMOLUTION $0. 85 -325 (123) A RESMUTION nF TN CITE COUNCIL OF THE CITY OF IMCHO CUCAMONGA, CALIIOLam, ACCEPTpm THE POILIC WX07RUXTS FOR D. R. 83 -21 AND AOTBOIIEIRC THE VILING OF A NOTICE OF CON7LETIOR FOR THE WORK R. A; proval t,) ippropriate funding frog aoutiogetty for (1:4 $75600u.00 to the Building and Safety contrecturel services agreeaeat (1-4373- 6028). S. Approval to convert from Beak of Amrics Credit card (125) service to Sea Beroardico County Central Credit Onion Credit Card service. RLEOLOTIW 90. 85 -326 0261 A PESCLOTIOM Or YES CITY COUNCIL � THE CITY OF BA'ICRO CUCNCMA. CALYPORMIA. Apmaw !0 APFLIC47I00 FOR BAN SERNAPDINO COUNTY CENTRAL CREDIT UNION CARD SIRVICE 4. IDP W1A 1�' MURM A. 3XIt tmla72V ATION OIUtRImCI AttMPIR * - Proposed (127) arsadeaate to Cbaptere 17.08 and 19.08 of the Rancho Cucaaoaga Municipal Coda partaiaing to the preservation of trace on private property. Item Continued froo November 6, 1985 matins. ORDINANCE 10. 275 (first reading) (145) N ORDINANCE OF TIE CITY COUNCIL Or TN CITE OF BATCHO CUCAMONGA, CALIFORNIA, AMWINC CRAETIR 17.06 Or TIM RANCID COCAXWA NURICIPAL CODE, NBOLUTI PULICIO, PERTAINTW TO TIE PIRSWATZCN OF TRNIS CN PRIVATE y 7I0?P- Cit7 Couueil Keating -6- Deeember 4, 1985 CRUINANCE 110. 276 (first reeding) (146) AS ORDINANCE OP TEE CITY COUNCIL OF THE CITY OF RANCHO COCIXOMCA, Or I70131A. ANEMIC CHAPTER 19.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERT)IS MC f0 THE PRESEOVAS: A Cy TREES 06 PRIVATE PAUPERS! EMV:aolMearAi Ane..eaMrvT Aso Etc a•. _r�(yEp r (155) 85-04D - Rli7rlFg - A request to amend the Land Use Vap of the Generst Plea from Low Density Residential (2 -4 du /ac) to Medium tsusity Residential (4 -14 du /ac) for 13 55 acres of land located on the south s14A of Peron Bwlrvard between Arctiba:d Sad Turner - as 209- 055 -0z. 03, 6 14. Item continued from vevember 6. 1955 �Ptiog. R990LMON NO. 85 -298 (176) A RESOLUTION Of TEE CITY r(ENCIL W SHE CITY OF RANCHO CUCAINOMGA. DSPYIS0 OGIERAL WE AME(DMPXT 85 -04D. CAWS, RAQUaTIVG aD AMENDMENT TO THl' ',"T ELEMERS OF T6 RANCHO CUCAKONCA GENERAL ALA& ?HUM LOW DENSITY RMIDESTLAL (2-4 DO /AC) TO MSDIDII DWSITT RESIDENTIAL (4 -14 DU/AC) FROM 13.55 AC2Lq OP LAND LOCATED SOUTH OP PERCM BOULEVARD AND LAST OF ARCIII'dALD AVEROB C. IMIRMI -MI t. A3SESSN1WT AX2 -)F aT. w wmwe= (177) 85-04B - FORMA. Located on _be South aide of Pootbill Buulward, vest aide of Cucamonga Creek, vest of Vineyard Avenue. Eg424olxvtAL ASBE90x[NT AND DEVII.oTNER DISYRICt (177) AMZffWLV t as -07 - PDQ.SA. LSUatel on.the south aide of Pootbill Boulevard, vest ail* of Cucamonga Creak, vest of Vineyard Avenue. Item continued from November 79, 1985 •ratting. Staff recommends continuance until Kirch 19, 1986, pending review and approval of the Conditional Use ?trait and Developmeet Agreement by the Planning Commission. D. DEVPtoPJMT AGlEONSt AN)XOH17t (CCE4 -0571 - C1L -!/ Q (CALxARR). An amendment to the legal description of real property subject to an agreement between the Cit, of Raneha :ueamouga and Cal- Lnebo, Incorporated regardi74 a stator citizen booting project located rust of Archtoald, at the termites of Lomita Court. G(1 . City Council Meetiog -7- December 4, 1985 ORDINANCE NJ. 217A (&%cord remfiog) (208) AN ORDINANCE LT THE CITY COUNCIL OF Tr? CITY Or RANCHO CUCAI.ONGA, CALIFORNIA. APPROVING AN AATaDMENT TO A DEVELOWSHT AOREVMT SPECIFIED SEEM O. ORDER ,'tf)�VACf.TN! rFtl•_ ROE- 4PjJ�Q,,d. MCnaS FICM AS (209) DfyQjT, -D ON PARCEL. V_!2 J92Gj- D&r=" _HE T 400TR = C_ gO�QITt FOREOE. EAaT 0P �j'�I,djQ!F. �PLT CL4CILUMMI CO. 85 -327 (211) A RE.°OLUTIM OF FIRE CI.7 COUNCIL OF THE CITY Of RANCHO CUCAUOEGA. COCHTT OF RAN BERNARDINO. STATE OP CA(.IFOIDIA, ORDERIDG TO BE VACATED. A RUMOR Of THE EON- VEMCLE ACCESS =9TS ON TIRE SOUTH SIDE OF SMUT AVENUE. EAST OF ETINANDA AVENUE A. APPROVAL S. ROW- ADTISTjIELARMA, OF EEIYRO'Lq}]IF21t .IGIETI(R4TR POR 4[47AO3 (214) II;PROVENLITS TREE RADOESM Er DROU COIPO[ATICT. SDUCRUIL RANCHO. AND[N H HA[T!]f #IND C T. u.ED (CAkA ) T,, IVPLOPIMT U RUW., 71fPIO►iM[11T9 )0[ rHSIR PINrp PC LOCATED IR y TOU3 LOCUM TR[QM=2T THE CITT RESOLUTION NO. E5 -320 (249) A RESOLUTION OR THE CITY COUNCIL OF TNd CITY OF RANCRO WCANQN;A, CALIFORNIA, APPROVING A REIffiORSE WT AGREEMENT EXECUTED ET DA017 CORPORATION FOR CONSTRUCTION OF IlNPROVNONENTO ON AIROt EMWAF RESMMON NO. E5 -329 (250) A RESOLUTION Ol TINE CITY COUNCIL Ol THE CITY OF RASCHO CUCAMONIA, CALIFORNIA, APPROVIDC A REI1010VADMT AG/!6. T ET CAL -RAICEO I, INC. (CAL -MARK) FOR IMPIOTEM TS ALONG ARC ®ALD AVENUE _ 4 City Council meeting —a— RESOLUTION NO. 95 -330 A RESOLUTION OF IRE CITS COUNCIL C7 THd CII OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING A RRIMBURSENLdT ACREUMT HI ANDREW EARNARIAR FOR V(PROVEMCMTS ALONG RAMONA AVENUE RESCSwt1C9 00. 65 -331 A RESOLUTION OF TOE CITY COUNCIL OF THE CITY OF RANCHO COCAXMA, CALIFORNIA. APPROVING A REIIBURSEMENT AGREEMENT BI SDC /CREEK TEIE -RANCHO FOR A LANDSCAPED MEDIAN ISLAND ON RAVEN AVENUE BETWEEN 6TH AND 7TH STREETS Deeoabor 4. 19811 (251) (25:) NO ITEM SUBMITTED. a. . f= A. Meeting to adjourn to an eaacvtive session at the request of Counailmeeber Ddml. To reconvene on Wednesday. Deo•nber 18, 1985. 7100 P.mo-, Lions Fart Community Center, 9161 Base Line Road. m (253) (256) (258) .i I s'a I, i= I y s T M Z � A Y I S I Y M �i ;i 1 i r i� i� s n� � ran +s E . � t .w..Y t I I i 1 I I I � 1 I I E iI P ■ Lo ■ Is I K s IT Y f i 1 ' i �C is i, C I It f I I 1 I i 4 02 �. m I� u�Wr ^YJYNaNwS ul Jy PYb�O an/ a` +r rr YNM P► CP o��zzsT Pa ee Mr�r� soo =sans X 1A 8 ii�ii �oo w �9n PawW IJr rw ioeeo�i� °v ±.vi. y i }T 16 Eat 1R >. wNCO T9 a >OCjaminr -. e'vae r �.z�y� io�nn zr�: n T ri i•YM::r I+J. i : 9 wavrJ�W ►1 .> pp J i�i2or�� Zi� ��r+rii.S rT ^S n2� i rr T} rV ry e�S22 F G_9 n +M IP•wl It I�sooc I r M � MJi.ai. pU �•TN•°^ Y GGy�y'S r� MC°• b� CS• wTYO�r{rSDf �•_• Onr �rr rTy.y <° L' T TrPT< }nnT *NN - .Si .Ni RwrNp •+4 D r�Mrn 429} �Lr Pln •w •w r <aiten Iw }t•.. r Tn >O + « -t 11�MPr .n >. .e <on „rT i ssrr Trr A'x2A a- f \N•i'$$$$ 1TyT NM� 99n1 A\i VYIIrn Nf1•SPO !}beLF•w2 M S SNS>M1� �M1 Vr }. ✓.. ... ..I N9rro -i^ otZT ri rr ^N9Pa ��.nN } - ^Mb0< O>Nr -99- «icnr z .^ y cS Cy Q�yr+r 2_SO as C ^_•w _ +CiSw+ . .w .Sn. I• iO �� ON M� 1 wr Ca .T ^ T sfoC�w e: ..z of o_ r .no- °. ^?•I��a o.. .°.x � I } � NN i � IN �i S1y -I�a+ �► i nn 55 . nnM1✓..r Innn In .�•+.+:• I r . +I¢n n M NNnYVNY.ii. IN MMN .yi•V I •i" M 1 II I C ^eneeM1O�eo� ^ ^�oM�V ^or�nf uo�oaor•odooee ^good :� YNNNWru NY NJ U•+ VY•uU U•nNPNV U� Ny y y tr •wWYW+'+�WWWW. rPOOr'• >I• ►YI. � ~MYWiVJMNN ♦ .eWVWW •: e - gaer..UlVNr ^aT PPlW4r0$p�PNlVNr�aY Wl•.•JWNr 1 1 1 I . - Jw►« r r.j .. i i 'c w -W r.1 I •. dL'e.r: es•. a�i .a r :iNP- rWwrwwi a.N..w ►ooWJa nan.• ar: r ailWUWYrr a..�o +..Weo�r +voo►. +e Je +..WnNnn..iaP •'Jr +ca+ :� W Wi +ar %• -+ aCC � oew ..noncNoaiooN ^orso ^J ono HJ. U ^WNYSPO�C�MOOU•.r OatNr ."004.r 1•NParCN OrC . 3 0 0 S ;s I I/ - 15 I I I fw •M NIY PP JCV VNO• .. .IPdV fNW Pdy GPdJ TP tOV1. 1> -I PY.TOt T�/� 'CCnC Cry'.Q.Vi ;> O � I m�a_ LySy • � TI-(. �y rT�C I� r MN� w s <. a a��TCa ac a TN ��sT��ainreiT i•c} i � ONYTTmmfN� >n Tnr O f. (. I w V I R '•I c1 ^f1T 4Ti V 1 r =�C O 1 Y nar NOf�M aliIF. nN L CS y r-m 1. i ac T Ina n o Nn a o n rT TI nP�rawhn rEc''>+a.nTi. naFsS"aic.'�OSaa��ia�i I iMef r �j 1T OarrrrT TMOnO' a.++ oe Tamcs ar. v cam aiN � [I �nSyC• I Nh h n O v iT Y S W � I I � � 3Y N ii O I V�PMVP•wV C I PMPV .,±wy VP I rOdQ �P VJ VNrC JTrn YJ,V.• �> ) d J P .w r..rrn d �: 7y VOwN +ruv•,r V.y f w P �wddd POPhrr NVw �= J I I/ - 15 0 0 2 CITY OF RANCHO CtiCAMONGA STAI'F REPORT Ci c %tr) ry 6 Z DATE: November 26, 1985 TO: City Council and City Manager PROM: Robert A. Risen, Assistant City Manager SUEJECT: Receive and File - City of Rancho Cucamonga Investment Schedule Status Report as of November 26, 1985. INSTITOTION PURCHASE DATE MAMRITf DATE QKCIMI INTEREST RATE Foothill Independent Bank 05 -30 -85 11 -26 -85 100,000 0.07500 Foothill Independent Banc 10 -28 -85 11 -27 -85 100,000 0.07125 Foothill Iudepeadent Bank 11 -15-85 12 -02 -85 850,000 0.06875 California Federal Savings 09 -18 -85 12 -04 -85 100,000 0.07950 Bank of America 11 -04 -85 12 -04 -85 200,000 0.0717• Foothill Independent Bank 11 -04 -85 12 -04 -85 100.000 0.0:000 Foothill Independent Bank 11 -19 -85 12 -04 -85 100,000 x.07250 California Federal Savings 11 -20 -85 12 -04 -85 lOb,P00 0.07830 Foothill Independent Bank 11 -22 -85 12 -04 -53 100,000 0.06250 Amrican Saving* 11 -25 -85 12 -04 -85 100,000 0.08250 Foothill Independent Bank 11 -25 -85 12 -04 -85 100,000 0.0625 Investment Status Report Page 2 PURCHASE MATURITY INTEREST - • Foothill Indepeodent Bank 06 -21 -85 1[ -04 -85 100,000 0.07250 Foothill Indepeaden, Bank 08 -22 -85 12 -04 -85 100,000 0.07250 Foothill Independent Bank 03 -13 -85 12 -11 -85 100,000 0.07250 Foothill Independent Bank 08 -14 -85 12 -12 -85 100,000 0.07250 Great Yastern Savings 04 -20 -85 12 -17 -85 800,000 0.07600 Foothill Independent Bank OC -2G-85 12 -19 -85 749,341 Treasury Bill *l Foothill Independent Bank 1: -22 -83 12 -23 -95 :.055,507 0.07125 Vineyard National Back 10 -28 -85 12 -27 -85 :00,000 0.07750 Central Savings 10 -01 -85 12 -30 -95 100.000 0.08750 Foothill Indepet. lent Ban. 07 -02 -85 12 -30 -85 100,000 0.07125 Foothill Independent Bank 04 -10 -85 01 -06 -86 100,000 0.09000 Foothill Independent Bank 08 -12 -85 01 -09 -86 100,070 0.07375 Signal Savings 01 -09 -85 01 -30 -86 100,000 0.10250 California Federal Savings 07 -17 -85 01 -13 -86 100,000 0.07600 Foothill Independent Bank 08 -16 -85 01 -13 -86 100,600 0.07375 Foothill Independent Bank 07 -13 -85 01 -13 -06 100,000 0.07125 Foothill Independent Bank 07 -15 -85 01 -13 -86 100,000 0.07125 %sat of Awrica 10 -16 -85 01 -14 -86 100,000 0.07375 Upland National Bank 07 -29-SS 01 -27 -86 100,000 0.08500 Glendale FadarA 05 -02 -85 01 -27 -86 100,000 0.09350 Aaarican Swings 09- 30.85 02 -05 -86 100,000 0.08730 Bank of Aaerica 09 -30 -85 02 -05 -86 100,000 0.07275 Marican Savings 08 -12 -85 02 -10 -83 200,000 0.08750 Vineyard National Back 07 -17 -85 02 -12 -86 100,000 0.07750 (0 ' Investment status Report Page 3 PORCBAOB lfllitlUitGt nAYP Crocker National Bank 10 -14 -85 California Federal Savings 08 -22 -85 Great Western Savings 08 -19 -85 Foothill Indepsedent Bank 10 -21 -65 Guardian Savings 08 -33 -85 Buraks Federal Savings 08 -23 -85 American Savings 10 -02 -05 China valley Bank 10 -02 -85 California Federal Savings 10 -02 -85 California Federal Savings. 10 -02 -85 Chino valley Bank 10 -02 -85 American Savings t Loan 30 -02 -85 California Federal Savings 10 -07 -85 California Federal Savings 10 -07 -85 Pacific Savings Bank 03 -08 -85 Coast gavials 6 Loan 08-09 -85 Progressive 8aviogs 6 Loan 03 -07 -85 Bank of America 08 -15 -85 Gibraltar Savings 6 Loan 06 -18 -85 Sun Savings 6 Loan 03 -18-85 Golden racific Bank 04 -0545 Great Western Savings 01 -09-85 i Long Beacb Savings 4 Loan 04 -1C -85 MATURITY DATR 02 -12 -85 02 -18 -86 02 -18 -86 02 -18.86 02 -19-86 02 -19-86 03 -05 -86 03 -05 -86 03 -05 -86 03 -05 -86 03 -05 -86 03 -05 -86 03 -06 -86 03-Of-86 03 -06 -86 03 -06 -86 03 -07 -86 03 -13 -86 03 -17 -86 03 -18 -86 04 -03 -86 04 -07 -86 04 -07 -86 7 Il Tn!s2 AMOUN2 RAir 100,000 0.07500 100,000 0.07950 100,000 0.06000 100,000 0.07250 100,000 0.08800 10'u.000 0.08750 100,000 0.00750 100.000 0.07600 100,000 0.08050 100,000 0.08050 100,000 0.07600 100,000 0.08750 100,000 0.08000 100,000 0.08000 100.000 0.10400 100.000 0.07625 100.000 0.10100 100.000 0.07725 500.000 0.08000 100,000 0.10500 100.000 0.10500 100,000 0.07700 100,000 0.07700 lavaetmaat Sratus Report Paga 4 3aY21',I<l= PURCHASE Bank of Beverly Bills 10 -18 -85 Great Ueacern Savings 11 -04 -85 Par Vest Savings 6 Loan 11 -04 -85 American Diversified Omi Banc 05 -16 -85 Soutbwcst Savings 6 Loan 05 -20 -85 Fidelity Federal Savings 06 -17 -65 Imperial Savings 09 -23 -85 American Savings 6 Los, 06 -29 -84 American Savings 6 Loan 07 -09 -85 Beverly Sills Sn logs 07 -15 -85 Sears Savings Bark 03 -22 -85 Pacific Savings Back 10 -24 -85 American Savings 11 -04 -85 Gibraltar Savings 6 Loan 02 -14 -85 Dean Witter Reynolds 04 -16-85 Lincoln Savings 6 Loan 02 -13 -85 Government Nat'l Mortgage 04 -16 -84 MATURITY 04 -16 -86 100.000 05 -03 -86 200,000 03-05 -86 100.000 05 -05 -86 100,000 05 -15 -86 100,000 05 -20 -86 100,000 06 -17 -86 100,000 06 -30 -86 100,000 07 -07 -86 100.000 07 -09-86 100,000 07 -15 -85 100.000 09 -26 -86 100 000 10 -24 -86 91,224 12 -04 -86 100,000 02 -20 -87 100,000 05 -15 -88 97,181 02 -13 -90 100,000 01 -15 -2011 875,823 As of 11 -26 -85 Grand Total: 1:.119,076 ISTEREST 0.08400 0.08150 0.08500 0.09375 0.09500 0.10000 0.09250 0.08300 0.13200 0.09375 0.09400 0.10700 0.09620 0.09000 0.10250 Treasury Bill *2 0.11125 0.13000 *3 40 • *1 Treasury Bills are purchased at a price balm their maturity value. They are quoted and traded on the basis of yield to maturity. The approximate interest •acaed an this six mouth investment will be 128,000.00. *2 The apprOximate interest earned 00 this investment will be 934.000.00. *3 Securities which are backed by pools of government insured or guaranteed mortgages. Pot* 4: All investsents are C*rtif icatas of Deposit unless otbaswire noted above. • I M4CANA, CATHCART, McCARTHY 4 PIERRY 301 North Avalon Boulevard 2 Wilmington, California 90744 3 834 -2691 or 775 -8348 4 Attorneys for Claimant 6 7 8 9 i BEO�ltl'1D CITY OOR NCHO CUCA�MONGA MA NOV 14 PY a91�ll 1985 112111213(41616 1 6 11 CONSTANCE OA HIERI, 1 12 Claimant, ) CLAIM FOR PERSONAL INJd4IES 13 vs. ) (GOVERNMENT CODE 5 910) 14 1 CITY OF RANCHO CUCAMONGA, ) 15 1 1 • Respondent 1 1G 1 li 1 ,C CITY CLERK, CITY OF RANCHO CUCAMONGA: 1811 YOU ARE HEREBY NOTIFIED that CONSTANCE OA NIER1, wnose 19 address is 6275 Archibald Avenue, Alta Loma, California 91701, 20 claims damages against the City of Rancho Cucamonga, in the 21 amount of $1,000,000.00. 22 This claim is based on damages suffered by claimant on or 23 about October 29, 1985, proximately caused by dangerous conditi 24 on public property which was caused and allowed to remain un- 25 corrected by the carelessness cud negligence of the defendants, 26 and each of them. More specifically, defendants, and each of 27 them, and their employees so carelessly, negligently and reck- 2911 lessly owned, operated, maintained, controlled and canaged said 6 III premises heated in Rancho Cucamonga, County of San Bernardino, 2 SC�te of Calttornia Further, de[endanta, and each et them, ar 3 their employees 30 "carelessly, negligently and recklessly own e0 4 operated, maintained, controlled and managed a motor vehicle, $ with California License No t E864570, driven by employee John R 6 Estrada. Jr., so as to allow the motor vehicle to Collide with 7 the vehicle driven by claimants heir, JOSEPH OA NIERI, At or 8 near the intersection of 66th and Hellman, on August 7, 1985. I 0 Aa a proximate result of the aforesaid negligence, JOSEPH DA NtERI ]0 was involved in an automobile accident, Causing personal injuries,] 11 death and damege:. Claimant is a surviving heir of JOSEPH DA NIERI 12 The damages and inj4ries sustained by claimant as far as 13 known, as of the date of preparation of this claim, consist of 14 1035 c: father, pain and suffering, anxiety, financial support, Ir. loss of carte , cum;, rt. IGjI The amount claimed to da-c. ,ae far as <nown as Of ; -C .Ce_© 18; Expenses for T,cdieel any „ b:-al care.-^ 30 S urdeter -:r. =- L099 of earnings: 20 S undo ermined Special damages for future medical cares S undetermined 21 General damages: 22 Total damages incurred to date : S 1.000,000,00 •23 5 in excess of 24 1,000,000 00 I Estimated prospective damages ea far as known /Sundetermined 25 Future expenses for medical and h03pital care:Sundetermined 26 Future loss of earningas 27 S undetermined Other p:aapective sPi-:'al damages: 19 $ undetermined Frosl+ccrive general damages: S in excess o� 11000,000 00 : {y 1II Total estimated prospective damages: S in excess of t.000.00C c0 III Total amount claimed as of the dare of S In excess of preparation of this claim 1.000,3D76.00 s 6 Claimant further contends that defendants, and etch of them, 7 and their employees so carelessly, negligently and re,:kleasly 8 owned, operated, %3intained, controlled and managed skid premises, 0 including the motor vehicle driven by employee John R. Estrada, 10 Jr., so as to cause personal injuries and death to JOSEPH DA NIERII 11 ALL NOTICES AND OTBER COMMUNICATION REGARDING THIS CLAIM 12 Should be sent to claimant at the offices of HAGAPA, CATHCART. 13 MCCARTHY i PIERRY, 101 North Avalon Boulevard, Wilmington, CA li 9070< la - l 1G•I DATED: November 11, 1955 MAGARA. CATHCART. YCCARTHY a PIERRY 1. By n� e. •'a--..d JAMES M. NCADAMS 19 Attorneys for Claimant 20 21 24 'r I a1 r� -1- a e' III MAGAPA, CATHCART, MCCARTHY 6 PIERRI 301 North Avalon Boulevard 2 Wilmington, California 90744 • 3 834 -2691 or 775 -8318 4 Attorneys for Claimant - 5 E 11 JOSEPH ANTHONY DA NIERI, 12 Claimant, 13 11 vs. 14 CITY OF RANCHO CUCAMONGA, 15 __, Respondent 1 1 CLAIM FOR PERSONAL INJURIES 1 (GOVERNMENT CODE 5 910) 1 1 1 17 CITY CLERK, CITY OF RANCHO CUCAMONGA: 1$i YOU ARE HEREBY NOTIFIED that JOSEPH ANTHONY DA NIERI, whose , 101 address is 6275 Archibald Avenue, Alta Loma, California 91701, i 20 claims damages against the City of Runcho Cucamonga, in the 21 anount of $1,000,000 00. 22 This claim is based on damages suffered by Claimant on or 23 about October 29, 1985, proximately caused by dangerous conditions 24 on public property which was Caused and allowed to remain un- 25 Corrected by the carelessness and negligence of the defendants, 16 and each of them. More specific..11y, defendants, and each of 17 them, and their employees so carelessly, negligently and reck- i3 lessly owned, operated, maintained, controlled and managed said /a 1 11 premises located in We" Cucamonga. County Of San Becnhem, '• Of California- Further. defendants, and each of them, a:+ 2 State negligently end recKlessly owne their employees so carelessly 3 controlled and managed a motor vehicle. ' operated. maintained, employee John .t. '� NO.' E864570, driven by with California License 5 allow the motor vehicle to collide with G Estrada. Jr., 30 as to the vehicle driven by Claimant's heir, JOSEPH dA NIPlIi, at of i of 66th and Hellman, on August 7. 1485' g neat the intwrsection aforesaid negligence. JOSEPH DA roximate result of the uri•rs.= G As a p eceident. causing personal i ^] was involved in an automobile heir of JOSEPH DA NIEal 10 Claimant is a surviving i death and dame b claimant as fat as 11 in uties sustained Y 12 1'ho damag63 and j of this claim. consist of known, as of the date of Preparation support. 13 and su[Caring. anxiety, tinancial 14 loss of father, pain and erO %'-C"l di'= _ care. confoc" and society. Eat as Known 63 O: 1. G' a5 imount claimed to dale. ` +- 11i .ltr N _O @t.. L• -G ... � • - expenses case: 4 r. dco for medical and hospital 1,t 5 uroetecm ued I earnings' 5 undetermined of { 19� Loss medical care: 1 20 , Special damages for future S X000,000.00 I 21 General damages: 5 .,n excess of 02 ' co dace: Total damages incurred 1,000.000.00 t Estimated Prospective damages as far as Known /SUndecermined 24 and hospital care$ and tacmined .2r Puture expenses for medical 5 undetecm fined Future loss of earnings' 5 undetermined 2G ecial damages: Other Prospective sF 5 in excess 27 dama9 not prospective yenecal e$0 i•voo,nr -�^ "1 /3 0 • ] Total estimated prospective dsmeges: 5 in excess e: I 2 1.000.30) JC 3 Total amount claimed as of the date of preparation of this claim $ in ezcoss 04 4 _ .. i 1,000,Ga0.00 U Claimant further contends that defendar..s, and each of them, 1 7 end their employees so carelessly, negligently and recklessly 8 owned, operated, maintained, controlled and managed said premises,) 9 including the motor vehicle driven by employee John R. Estrada, 10 Jr., so as to cause personal injuries and death to JOSEPH OA NIERIL 11 ALL OMCZS AND OTHER COMMUNICATION REGARDING THIS CLAIM 12 should be sebt to claimant at the offices of MAGARA. CATHCART, 13 McCARTHY c PIERRY, 301 North Avalon Boulevard, Wilmington, CA 14 90744. 1. DATED: flp-etxr 13, 1985 MAGARA. CATHCART, MCCARTHY a ?,ERN: I>, , By 19 ��i 11 Attorneys for Claimant 21 -3- /V 1 I III MAGAPA, CAT CART, MCCARTHY i PIERRY 301 North Avalon Boulevard 2 Wilmington, California 90744 3 834 -2691 or 775 -8348 4 Attorneys for Claimant 5 CITY ROMAN HO CTCON ONGA G NOV 141965 7 7 e,a,n,n,>z,i,zs,4s s a 11 MICHAEL JOSEPH DA N rRI, ) 12 ) ClsJaant, ) CLAIM 7OR PERSONAL INJURIES 1 13 vs. ) (GOVERNMENT CODE 5 910) 14 CITY OF RANCHO CUCAMONGA, ) 15 1 1GII _ Respondent _I t ,7 ITY CLERK. CI"Y VF 3ANC40 :UCAMONGA: 1411 YOU ARE HEREBY NOTIFIED that MICHAEL JOSEPH DA NIERr, whose 191 address is 6275 Archibald Avenue, Alta Loma, California 91701, 20I claims damages against the City of Rancho Cucamonga, in the 21 amount of $1,000,000.00. 22 This claim is based on damages suffered by claimant on or 23 about October 29, 1985, proximately caused by dangerous conditions 24 on public property which was Caused and allowed to remain on- 25 corrected by the Carelessness and negligence of the defendants, I 26 and each of them. More eoecificallu. them, and their employees so carelessly, negligently and reck- lessly owned, operated, maintained, controlled and managed said 16- i /(10 U 11 premises located in Ranchc Cucamonga, County of San Bernaro:r:o, a' 2 State of Californid Further, defendants, and each of them, and :I their employees so carelessly, negligently and recklessly o-ne Y I operated, maintained, controlled and managed a motor vehtclu, ` 5 with California License No.: E864570, driven by employee John R. 7 G Estrada, Jr., so as to allow the motor vehicle to collide with 1 tr 7 the vehicle driven by claimant's heir, JOSEPH DA NIERI, et or + S $ near the intersection of 66th and Hellman, on August 7, 1985. - 0 As a proximate result of the aforesaid negligence, JOSEPH DA NIERI; f 10 was involved in an automobile accident, causing personal injuries, 11 death and damages. Claimant is a surviving heir of JOSEPH DA NIERI. 12 The damage: and injuries sustained by claimant as far as 13 known„ is .r the date of preparation of this claim, consist or Id loss of father, pain and suffering, anxiety, financial support. —re. contort, and soctety • I crctir ^.1 '.-^. • ,,. imour,t claimed to cat-, as r as rno..n as o' - r rcdieal and ^cnl:tal :Ore: _ 11,' I l.aa. of earnings: 5 undeter –:r.a y 21 Spacial damages for future medical cara: 5 undetermined 21I General damages: 5 11000.000 00 i 22I Total damages incurred to date: 5 in excess of V tall 1,000,000 00 21I Estimated prospective damages as far as known /Sundt termined l 25 Future expenses for medical and hospital care :$undetermined t 2G Future loss of earnings: 5 undetermined 97 Orner prospective special damages: 5 undetermined N C'R rrospectivc gcnetnl ddmAgcs: 5 in ^_rai•tl8 Of� a /(10 U Total estimated prospective damages: S in excess of 2 1,000 =000 00 Total amount claimed as of the date of preparation of this claim $ in excess of 5 1,070;000 00 0 Claimant further contends that defendants, and each of them, 7 and their employees 30 carelessly, negligently and recklessly 8 owned, operated, maintained, controlled and managed said premises. 0 including the motor vehicle driven by employee Joan R. Estrada, 10 Jr., s0 as to cause persorsl injuries and death to JOSEPH DA VIER: 11 ALL NOTICES AND DIRER CC#AUNICATION REGARDING THIS CLAIM 12 should be sent to claimant at the offices of MAGARA, CATHCART, 1311 McCARTHY G PIERRY, 301 North Avalon Boulevard, Wilmington, CA 1 14 90700 1•I i 11'I� DATED: November 13, If B5 MAC-ARA, CATHCART, McCARTHY n PrE'.: By- 1n;1 JAMES M. MCADAMS Attorneys for Claimant 07 24 ME 17 r I I I ":AAA, CATHCART, McC%RTHY L PIERRY li North Avalon Boulevard 2 Ni..aington, Californil 90740 3 874 -%491 or 775 -8108 _ 4 Attorneys for Claimant - 5 1V 6 CIi1 ADMINISTPCTION 7 NOV 14 1*5 Is 8 8181�In1�111219141�18 l 11'j FRANK MICHAEL DA NIERI ) ) 12 Claimant, ) CLAIM FOR PERSONAL INJURIES 13 vs. ) (GOVERNMENT CODE S 910) 1 14 CITY OF RANCHO CUCAn :GA, ) )5 1 Respor it 1 1G 1 lip TC CITY CLERK, CITY OF F 'NO CUCAMONGA: 181 YOU ARE BEREBY NOTIPI ' that FRANK MICHAEL DA N1ERI, wnose 191 address is 6275 Archibald A enue, Alta Lcma, California 91701, 20 claims damages against the City of Rancho Cucamonoa, in the 21 amount of $1,000,000.00. 22 This clain is based on damages suffered by claimant on or 23 about October 29, 1985, proximate caused by dangerous conditi< 24 on public property which was cause, +nd allowed to retain un- 25 corrected by the carelessness and ne5 igence of the defendants, 26 and each of them. More specifically, efendants, and each of 27 them, and their employees so carelessly, negligently and reck- 2811lessly owned, operated, maintained, cont, lled and managed said M, I premises located in as ^9ho Cucamonga. County of San Bernard,no. 2 State of California :urther, defendants, and each of the', a 3 their employees so care- .essly, negligently and recklessly ow:fi 4 operated, m+intained. controlled and managed a motor vehicle,= 5 with California License No : E064570, driven by employee Jahn R. G Estrada, Jr., so as to allow the motor vehicle to collide with 7 the vehicle driven by claimant's heir, JOSEPH DA NIERI, at or 8 i near the intersection of 66th and Hellman, on August 7, 1985 9 As a proximate result of the aforesaid negligence, JOSEPH DA NIERI• 10 was involved in an automobile accident, causing personal injuries,, 11 death and damages. Claimant is a surviving heir of JOSEPH DA NIERI1 12 The damages anr, injuries sustained by claimant as far as 13 known, as of the date of preparation of this claim, cevsist of 14 loss of Esther, pain and suffering, anxiety, financial support, 1•� lC5• .•[ .it . • d :wctinn♦l d.,t •- • 11i ••r0. t ] '.l .•_. as tar as Known as of -ne ' - IS ._i, + ^d no4itt3l tart:• S and -t -, 19I Loss of earnings: S UnGeterrired 20 Special damages for future medical care: S undetermined I 21 General damages: S 1,000,000 00 22 Total damages incurred to date: S in excess of 23 1100010u0 00 24 Estimated prospective damages as far as known /Sundetermined i 25 Future expenses for medical and hospital caresSundetermined 2G Future loss of earnings: 5 undetermined I 27 Other prospective special damages: S undetermined 1 23 Pnnpective general damages- S ir. .co" o� t � K /9 1II Total estimated prospective damages: 9II Total amount claimed as of the date of preparation of th•s claim S .n excess of I,Obn.Ono GO S in excess n: 1,000.00.00 GI Claimant fur -h >r contends that defendants, and each of them, i and their amployaes so carelessly, negligently and recklessly 8 owned, operated, maintained, controlled and managed said premises, 0 including the motor vehicle driver. by employee John R. Estrada, 1 10 Jr., so as to cause personal injuries end death to JOSEPH DA HIER: 11 ALL HOTlCE.S AND OTHER COMMONICATION REGARDING THIS CLAIM j 12 should be sent to claimant at the offices of MAGARA, CATHCART, 13 H:CARTHY a PIERRY, 301 North Avalon Boulevard, Wilmington, CA 1 90744 1:, it' IGI DATED: No•.rr.oe: 7. 1981 1, 10II 21 23 28 M MAGARA, CATHCART. MCCARTHY a P1Z ?aY - I- ';20 JAMES . Mc AM Attorneys for Claimant • 0 I 1 Uw OFFICE 1 1A\IES MICHAEL CUNN • .wru.nx.u. 2 la7 W. EC7 S.91w1 STREET lLTrE 107 Q \TAAIO, G. 917!7 ONTARIO, 3 TELEPHONE (710 9SSJ70p 7 8 ATTOanEV FOP. Claimant CITY OF RANCHO LNCA4ONGA ADMINIS 7i! C. . iION NOV 14 M _ AN a OEFORE THE CITY COUNCIL CITY OF RANCHO CUCAMON;A 11I IN THE MATTEF IF THE CLAIM OF: ) CLn in Fes, 12 RODNEY ROSAS, ) 13 AGAINST THE CITY OF RANCHO COCAMONGA, ) 14 __________ 15 The undersigned claimant hereby makes a claim against the 26 City of Rancho Cucamonga in the sum of $8,500.00 and in support 17 of sa>d claim represent as follows: jg 1. The injury damage happened on August 19, 1985. 191 2. The approximate location was 19th Street went of 20 Hermosa, Rancho Cucamonga, California. 21 3. The omission on the pact of the .ity employees was in 22 failing to warn that there was a wire connecting construction 23 barriers which created a hazard to bicyclists. 24 4. The damage occurred as a result of the negligence of 25 city employees in that a wire was placed between constriction 26 barriers which were placed in the roadway creating a hazard to 271 bicyclists. 281 S. The names of th& city employees are unknown at the I1present time. i 2 6. The claimant received substantial in3uries whi�� I 3 included, among other t'ings, a facial laceration requiring I 4 stitches and residual scarring. ! li 5 A . "V /J Al BEVERLY ROSAS ' 7 Nis Guardian ad Litem 81 Send notices to: 9I!JAMES MICHAEL GUNN PROFESSIONAL CORPORATION 101A 1047 West Sixth Street, Suite 107 ' Ontario, CA 91762 11 I S _ (714) 983 -3700 121 13 EMU 1411 STATE OF CALIFORNIA ) - ' = ) so. IS�COUNTY OF SAN BERNARDINO ) 1611 ?s'= Beverly bosas, being by me first duly sworn, deposes and 171 says. That she Ls the mother of the claimant above named, that 18i she has read the foregoing claim and knows the contents thereof, 19I1that the same is true of her own knowledge except as to those 20 „matters therein stated on information and belief, and as to those 4 21 matters that she believes it to be true. k 221 231 - -- 24;IBEVERLY SAS �..� VATR!W SHIPLEY Subscribed to and Sworn before me this''«``.« f 611""x= day of S e- 6eptawb”, 1985, e_SI�Notary Public in and for the Inty of a 4� II San Bernardino, State of California. ' as 0 • CITY OF R 1 \CHO CCC.1.1f0 \G ,,, STAFF REPORT DATE: December 4, 1985 70): City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Vartan V. Vartanians. Associate Civil Engineer 7 r SUBJECT: Approval of a Pipeline License between the Southern Pacific Transportation Company and the City in connection with Tract No. 11797 located east of Archibald Avenge north of Base Line Road and also, the approval of an agreement between Sycamore Investments, the developer, and tha City ThTh: Southern Pacific Transportation Company has issued the attached Pipeline License to the City of Rancho Cucaa;nga for the construction of certain storm drain facilities within the railroad right -of -way in connection with the residential subdivision located Past of Road. Archibald Avenue north of Base Line Sycamore Investments, the developer of said tract, has submitted an agreement (attached for approva l) to fulfill the construction requirements as stipulated in said Pipeline License. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the Pineline License between the City and the Southern Pacific Transportation Company and authorize the Mayor and City Clerk to sign same. In addition, it is recommended that City Council adopt the cttached agreement between the City and Sycamore Investments and authorize the Mayor and ity Clerk to sign same. / Rimes ectfully s�tted, V LBH: V :jaa Attachments �3 ub... G•.• 1'. " COv, V W O r ltGr - Y1 - 4 1,GJ t ANO V NCB NCCC„OCD "^.L TO 1 -- ALSO A ='G!JED I =1. LFEWA ."Ed - - -_ -y,ACC AOOVL TNq UNC ION NCCONOCNI OCC F RELMIS: BBO- 522.9/523.01(N) , I THIS INDENTURE, made this //"' day of__( /,u,r , 1985, by and between SOUTHERN PACIFIC TRANS PORTATIOM-�O.NPANY, a Delaware corpora- tion, herein termed "Railroad,' and CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California, 9340 Baseline Avenue, Rancho Cucamonga, California 91730, herein termed "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to C070SC{UU0.WC recon- struct, maintain and operate storm drain facilities consisting of a forty -eight (48) inch diameter drain pipe, headwall and riprop opposite Engineer's Station 2015 +08, Milo Post 523 O1, and a transition structure opposite Engineer's Station 2099 -35, Nile Post 522.90, at or near Alta Loma (Rancho Cucamonga), in the County of San Bernardino, State of California, in the locations shown on the print of Railroad's Drawing A- 13937, revised March 28, 1985, attached and made a part hereof. All of said drainage facilities shall hereinafter be collectively referred to as "structure." 1 -a. In the event all or any portion of the said premises of Rail- road shall be taFen or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Grantee shall receive compensation only for the taking and damaging of Grantee's 111 improvements. Any other compensation or damages arising out of such I taking or condemnation awarded to Grantee shall be assigned by Grantee to Railroad. 1 -b. Should said forty -eight (46) inch drain pipe be extended at some future date Grantee, at Grantee's expense and to Railroad's satis- faction, will arrange for removal of the portion of said drain pipe, the headwali anO r.prbp apron being installed hereunder opposite Mile Post 523.01. N -I- Dq torn c -i April, 935 2. Project marters in form and size satisfactory to Pailroad,� identifying the facility and its owner, will be Installed and constantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers done not constitute a warranty by Railroad of no aubsur_ "ace installations. 3. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the performance Of its duty as a come n carrier, and tnere is reaer7ed unto Railroad, Its successors and aesigns, the right (consistent with the rights herein granted) to )CaJ(W.Q= i X reconstruct, maintain and us e existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant• as used herein shall not be construed as a covenant against the existence of any thereof. S. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, alto, `t *:or otherwise improve 5414 structure upon reeelpt of we ttenff{ notice from Railroad so to do. 0 -2- Lts Apr:'_, 1995 • 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they becaae or became effective, -Including, without limitation, those relating td health, safety, noisy, environmental protection, waste disposal, and water and air quality, abd furnish satisfactory evidence of such compliance open request of Railroad. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Grantee's use. presence, operations or exercise of the rights granted hereunder, Grantee shall, at its expense, be obligated to clean all property affected thereby, whether awned or controlled by Railroad, or any third person, to the satisfaction of Railroad (insofar as the property awned or controlled by Railroad to concerned) and any governeintal body having jurisdiction In the matter. Railroad may, at its option, claan Railroad's premises,. if Railroad elects to do a ,Grantee, shall pay Railroad the cost of such cleanup promptly Upon the receipt of a bill therefor. Grantee agrees to Investigate, release, indemnify ar✓ '-*end Railroad from and against all liability, cost and expense (including, without !!imitation, any fines, penalties, judgments, litigation coats and attorney fees) incurred by Railroad as a result of Grantee's areach of Chia section, or as a result of any such discharge, leak- age, spillage, -" ission or pollution, regardless of whether such liability, cost or expense arises during the time this indenture is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligenca of Railroad, its officers, agents or wmployees. 9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the dote first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of LtULU:LUfU46 reconstructing maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days* written notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representative by phone. Grantee agrees to keap said property and said structure in go.^.d and safe condition, free from waste, so far as affected by Grantee'a oper- ations, to the satisfaction of Railroad. If Grantee falls to -3 Form C -1 April, 1985 t keep said property and said structure in a free from Waste, then Railroad may perform expense of Grantse, which expense Grantee upon demand. good and safe condition, the necessary work at the agrees to pay to Railroad 11. In the event any work upon or in connection with said atructure cc its appurtenances, to be done upon or adjacent to the trar6a and property cf Railroad, should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. 12. Insofar as it lawfully may, Grantee agrees to investigate, release, defend and indemnify Railroad, its officers, employees, agents, successors and aaaigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or death of persons arising out of the )=XX7bOX%%A=X reconstruction, mainte- nance, presence, use or removal of said structure, regardless of any negligence or alleged negligence, active, passives or otherwise, on the part of Railroad employees. The word •Railroad• as used in this aectioi shall ba con:trueo to include, in addition to Railroad, the successors, ass igna a nd affiliated companies of Railroad and any other railroad company that may be - awfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. Shoal, Grantee, its successors or assigns, at any time abandon the use of said proporty, or any part thereot, or fail at any time to use the same for the purpo3e contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualifica- tion of the rights hereina4ove reserved, to resume exclusive peuseasion of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from :aid property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such ramoval and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon denand, or Railroad may, at its option, assume ownership of 316 structure. 4- a7 s April, 1985 t • 14. The parties intend that the promises and obligations of this indenture shall constitute covenanca running with the land so as to bind and benefit their respective successors and assigns. ; STATE Of CALIFORNIA CITY AND COUNTY OFr SAN FRAN:ISCO OM THIS —'1 - DAY OP az 1985. BEFORE ME. CRRISTOPNER M LUNDIM (ONE MAFRET-PMA). A N . NU FOR THE CITT AND COUNTY Of SAN FRANCISCO. STATE OF CALIFORNIA. ! ORALLY APPEARED V E. FOVLER. PERSONALLY RdOYN TO ME (OR PROVED TO ME O11 THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO EXECUTED THE VITHIN INSTRUMENT, AS MANAGER- MISCELWIEOUS CONTRACTS ON BEXALF Of THE CORPORATION TNLAZIM NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION ERECUED IT. �pX� NN - SAL AND OFUNTY ofil4'1 111 ro"W"m n Garq ARri L t9eF IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first . herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY, ZTlt a 3�r1:te, gW.:�:u�c}.. Ca7uu Attests_ _ 1 '}� {/�7n,Y•lX� ADslstant Secretary CITY OF RANCEO CUCANONCA, By .Is" , or By Clark S D8 .1 ' t �c a • 11. Nsit so ��� .` • F � tiH.O C Cw cw liunil t'n1S' cr. b• s` y �I 1i G 2 D n � 3 • o i = c� s 8 r 7 a z r 8 3 AVE Goo SZ. 9 t� a; oil i a. n 2 � o I`o ni i .D/ A YCiA t I �a (old i AGREEMENT THIS AGREEMENT made and ,ntered into this day °f 1985, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a Municipal corporation, hereinafter "City" and SYCAMORE INVESTMITS, A Joist Vesture, hereinafter "Developer ", provides as follows: RECITALS WHEREAS, there is attached hereto: (1) Exhibit "A" a proposed Pipeline License, hereinafter "Contract', between the SOUTHERN PACIFIC TRANSPORTATION COMPANY, hereinafter "Railroad" and the City for the construction of stern drain facilities consisting of a forty -eight (48) inch diameter drain pipe, headwall and riprap opposite Engineer's Station 2015 + 08, Mile Post 523.01, and a transition structure opposite Engineer's Static„ 2099+35, Mile Post 522.90, hereinafter collectively referred to as "Structure", at or near Alta Loma -(Rancho Cucamonga), in the County of San Bernardino, State of California, in the iOCdtions shown on the print of Railroad's Drawing A- 13937, revised March 28, 19C5, marked "Exhibit A" and made a part hereof. WHEREAS, Developer desires that said Structure be built to facilitate development of his project. t 130 .< WHEREAS, City Is willing to enter into the Contract only if Developer pays all cost of constructing the Structure and agrees to in all respects, assume and perform obligations of the City under the Contract, and, WHEREAS, Developer IS willing to do the same. NOW, THEREFORE, City and Developer agree as follows: (1) City shall execute and deliver to Railroad the Contract (Z) Within fifteen (15) days after written demand by City, Developer shall deposit with City the sum of $375.00 as a security for the ..rvment of compensation for the license. (3) Developer shall construct said Structure and in so doing shall M all respects comply with all terms and conditions of the Contract. Developer shall pay, without limitation, all costs of constructing the Structure. (4) Developer shall require that each contractor of Developer engaged for the purpose of constructir3 the Structure, execute and comply with all •contractor's agreements" which are required by the Railroad, as well as comply with all terms and provisions of the Contract. (5) Developer shall insure that each contractor engaged by Developer for the construction of the Structure, or any part thereof, has the City named as an additional inso-rd an each policy of insu•ance that the contractor 1s required to furnish pursutnt to the terms of the Contract or Indenture. (6) Developer agrees to Indemnify City from and &gains,. all costs, expense, '_Ims and liabilities for inJury to or death of persons (including, but not limited to, passengers and employees of Railroad and es loyees of E City), and damage to or loss of property (including, but not limited to, property owned, leased, occupied or used by or in the care, custody or control of Railroad or the employees of Railroad or City or the employees of Cify), however, same may be caused, resulting from, arising out of, or in any way connected with this Agreement or the construction of the aforesaid undersigned project, Whether or not caused or contributed to by any negligent act or ' emission on the part of any of City's agents or employees. (g) Should either party bring suit to compel perforrepce of this Agreement or to recover for breach of any covenant or condition contained herein, the prevailing party shall pay reasonable attorneys fees in addition to the amount of judgement and costs. (8) Time is of the essence of this Agreement. (g) This Agreement may be modified or amended only by an instrument • in writing executed by both parties. (10) This Agreement shall be binding and shall inure to the benefit of successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. SYCAMORE INVESTIMTS, A Joint Ventur By LINCOLN SAVINGS & LOAN AGSGCIA ". a California corooration CITY OF RLYCHO CUCAMONGA By BY: Title- �• on -R a s, Mayor y ELITE DEVELOPMENT CO'iPANY, A General Partnership by its ATTEST General Partners BY: ueverly A. Ahthelet,Zi yt� erTc — APPROVEDjA5 TO FORM ty Attorney 3ar1_ By: Elite Devell%oopme /nt)Coomm any Inc. By c ar �//N s rou -b cc , res Royal Cr st Development Company By ,/J ,,,� or as ' en are trap, 9z,c 'Char es Jack Ta r, aaiv ua y M� :. p : LANK f tw.LW.IMWi) Y.Y,,Y 4.ib. �,, StiMiSSJi : ' APCMISALO AVE�'A90 522.9• A • •IMF 1 • .' - _- \•Y, R� -�..i •„��+A��jT .. •<'. -.� '• .•�•• •`� CVS ia+sya4��aL�WJ Car Q UPI - - "1••0., :;.? + I. -,� ��,. �'� : . V " ,t1 7l,..:.i i�L�• \ti i::{'_.•< f.__. -•i•4` . - -.1 -A �.....A.y -••' r No. 95 ° S /'7 A RESOLUTION OF THE Cli) COUNCIL OF THE CITY OF AANCHO CUCAMONGA, CALIFORNIA,- APPROVIN; A PIPELINE LICENSE BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPAY.Y FOR THE INSTALLATION OF STORM DRAIN FACILITIES WITHIN IHE RAILgOAn RIGhT- OF -IJAY WHEREAS, storm drain facilities are required to be installed within the S.uthern PacifiL Transportation Company right -of -way near the Englneor's Stations 2015+08 and 2099+35, County of San Bernardino, State of California, for project, Tract No. 11797; and California, the coisideratiorl a Pipeline Licensefbetw notheuSouthern Pacific Transportation Company and the City for the right to install the storm drain facilities at the above location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cuca"onga, California, that said Pipeline License be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized to sign same on behalf of the City of Rancho Cucamonga. P4SSED, APPROVED, and ADOPTED this 4th day of December, 1985. AYES: NDET. ABSENT: on . ifWe •, a7—T1 ypr -- 0--EST: evg erly e Au FeFTMy—r er California, doYhereby certify that he0forreegoing R3sOlutibn Rwashduly passed, approved, and adopted by the City Council of the City of Rancho CucaymcngaSeat a regular (special, adjourned) meeting of said Lity Council held on the 4th day of December, 1985. Exettted this * day of *, 19" at Rancho Cucamonga, California. rer y e e, 7 y r,erTc 31} rw.� °,s _ h.• .;iir• �r. ry '"y`jio::Ft.=`RYio3d:i- .e:`::• mx-e ;t, CITY OF R.11CCH0 CliCAiI�O \GA 1"ti r , STAFF REPbRT ;ay_•., -� DATE: December 4, 1905 0 L t9a 40 70: City Council and City Manager FROM: Licyd 8. Hubbt, City Engineer BY: Blane H. Frandsen, Senior Civil Engineer SUBJECT: Approval of Professional Services Agreement with L.A." Rainscott L Associates for engir..*ering services for the widedtng of-Hermosa Avenue from Victoria Avenue to I9th Street Wd for the extension of HwIlton Avenue from Hermosa Avenue to Deer Canyon School, A not to exceed fee $17,700.00 shall be paid from the System gaveiopment fund. On October 17, 1985 following a fc sal request for proposals, four engineering fires submitted proposals to the,Clty for the subject project. A summwry of the proposals is attached. The lowest proposal was received Orom L.A. Nainscott b Associates for an amount not to exceed $11,700.00. RECO*1Wf A770H It is recosr_ended that L.A. Kainscott be engaged to perform engineering services including Plens, Specifications and Estimates for the tubject project In a.-i mmoun, not to exceed $17,700,00. Payment for such workings LO coax_ from I the Systems /Development fumi. Res ctfutly 'u m led. i; LBH:E4 :de Attachnents �.vA'"Rt�..w, Ar) aSP,YT:�M V�ni �. - •� .._. 3:::+: {�sfe t n y+iY •%Lkk"r '-=A3 MA 1q 8 ON 8 R$ 8 �$ p$ �Y V . N • O N S Yt O N N N I M l •1' M'H '�-N A s y wl ♦ O G RI ♦ -, SEE ,. } pW ♦ ' f♦ � W r f LL gH uu $ $ $ $ $ $ N N M M N N P •J A 3 u J ♦4 u d . 1 �= � v- d�°i• L°.`k- N V u K � .i 6 1Y � w ♦O Zi p lag, � V ♦ y� • 1L yi 134 1� I. PROFESSIONAL SERVICES AGREEMENT •:," This Agreement is made and entered Into this of IS L_. between the City of Rancho Cucamonga, a Munfcipal ;= Corporation (hereinafter referred to as 'CITY') and L A Nainscatt E Associates, Inc. (hereinafter referred to as 'COHS;ILTAIiT'). A. Recitals. (I) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of designs, construction plans specirirations and cost-ostimates for Hertiass Averdip wid ning and Mmgrovement from Victoria to 19th Street and Haniltnn Lamm ortencinn from Rpm to Deer Canyon Elmentary school z (*Project* hereafter). (111 CONSUL TART has now submitted its proposal for the performance of such services. (Ili) CITY desires to retain COHSULTAHT to perform professional services necessary to render advice and %Ssistance to CITY, CITY's Planning Cannission, City Council and staff in the preparation of Project. (Iv) CONSULTANT represents that it is qualified to • ierform such r services and is willing to perform such professional services as hereinafter X n defined. HOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 8 Agreement. 'r 1. Definitions: The fallowing definitions Shall apply to the following terms, excePt where the context of this agreement otherwise . 1 requires: 1/31/85 'rY ' `i (a) Project: The precsratton of _des tgn, censtruction plans specifications, and cost estimate for Hermosa Avenue widen Ina end I roventnt. and Hamilton Aver.ue extension. c -' described in Exhibit •A• Scope of Services hereto including, but not fmited •� YS to, the preparation of mops, surveys, reports, and documents, the presentation, both oral and to writing, of such plans, maps, surveys, reports , and documents to CITY as required and attendance at any and all work sass tons, �i �KJ public hearings and other meetings conducted by CITY with respect to the "? project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Com. letien of Project: The date of complation of all phases of the project, Including any and all procedures, develepsent plans, maps, surveys, plan documcrts, technical reports, meetings, oral p.e.entations and attendance by CONSULTATT at public hearings regarding the project acceptance for construction Is set forth in Exhibit •lf• Project Schedule attached hereto. • Z. CONSULTANT agrees as follows: s (a) CONSULTANT shill fo- thwith uidertake and emplete the project in accordance with Exhibit •A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable t satisfaction of CiTY. Ib) CONSULTANT shall supply copies of all maps, surveys, ' reports, plans and documents (hereinafter collectively referred to as ( • decuments•) including all supplemental technical documents, as described in t Z. Exhibit •A• to CITY within the here specified 1n Project Schzduled, Ezhlbtt ";;� °, ZP vVe ,.• '8" Copies of the documents shalt be in s,,ch numbers as are re uired b a y Exnibit 011. CITY may thereafter review aqd forward to CONSULTANT cogpients s f regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive >revised documents In such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon a iritten approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sple cost and $. expense, secure and hire such other persons as may, in the oyinion of dr CONSULTANT, be necessary to comply •atth the terms of this Agreement. In the event any such other persons are retained by C04SULTAtT, CONSULTANT hereby 1 warrants that such persons shalt be fully qualified to perform services ` required hereunder. CONSULTANT further agrees that no subcontractor shall be ret ;d by CONSULTANT excapt upon th• prior written approval of CITY, ., 3. CITY agrees as follows: ' (a) To pay CONSULTANT a maximum ,um of Sv snn nn for the perfonaance of the services required hereunder. This sum shall cover y the cost of all staff time and all other direct and Indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CO4SULTANT, by CITY, shall be made in accordance with ?} the schedule set forth In Exhibit "C". (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a mont.tly basis, and 7 ' such invoices shall be paid within a reasonable time after said invoices are zi 4 • received by CITY. All charges shall be detailed to Exhibit "C" elther with +" respect to hourly rates or lump sum amounts for individual tasks. in no -3- .a� r %b) Photographically reproducible copies of mats and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. ' (d) Assistance, if necessary, in obtaining Information ` frra otter governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all Initial contact with respect to the 41- gathering of such information. ���•� T d i Yevent, however, will said invoices exceed 55% of Individual task totals • described in Exhibit "A ". (c) CONSULTANT agrees that, in no event, shall CITY' be y4; required to pay to CONSULTANT any sum in excess of 95% of the ,raximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical docusoents, as described herein acceptable in form and content to CITY. Final pajment shall be made not later than EO days after presentation of final documents and acceptance thereof by CITY. • (d) Additional services: Payments for additional services requested, In writing, by CITY, and not includeu in the Scope of Services as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit "C ". Charges for ` additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY acreas to provide to CONSULTANT: (a) information and assistance as set forth in Exhibit "A" hereto. r %b) Photographically reproducible copies of mats and other information, if available, which CONSULTANT considers necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the project. ' (d) Assistance, if necessary, in obtaining Information ` frra otter governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all Initial contact with respect to the 41- gathering of such information. ���•� T d i 5. Ownsrship of Documents: All documents, data, studies. surreys, drawings, mars models, 9 , photographs and reports Crepare(L by CONSULTANT pursuant to this Agreement shall be considered the property of CiTY and, upon payment for cervices performed by CONSULTANT, such documents and other identified materials shall be delivered to CiTY by CONSU 'PANT. CONSULTANT may, however. make and retain such copies of said docunents and materials as CONSULTANT may desire. Any use or reuse of the plans and specifications except at the site intended or any alteration or revision of the plans or specifications by the CITY, its staff or authorized agents without the specific written consent of the CONSULTANT snall be at the sole risk of the CiTY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, clalms and losses includfhg defense costs arising out of any such alteration i • or revision, or use or musc at another site by the CTTY , its staff ur authorized agents 6. Termination: This agreement m•ay be terminated by Ci,Y upon the giving of a written 'Notice of Termination, to CONSULTANT at lecst fifteen (15) days prior to the date of termffnation specified in said Notice. In the event this Agreement is so tersinated, CONSULTANT shall bf Compensated at .v a CONSULTANT's applicable hourly rates as set forth in Exhibit 'C', on a pro. ,a z rata basis with respect to the percentage of the project completed as of the :. date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3 (a), above. CONSULTANT 'shall provide to CITY any and all documents. data, studies, surveys, drawings, maps, xodels, •a ` photographs and reports, whether in draft or final form, prepared„ W' 4�'."'.'y'�-,�°V +r:iw'te� u>y2hF f its,:., ate.. ..%4. S`Y�? + ��Y•3I: {:i t: d c 2 e J d. CONSULTANT is of date of termination. CONSULTANT may not terminate this ? Agreement ezo;pt for cause. • �` 7. Nctices and Oesionated Representatives: Any and -al I. notices, demands, invoices and written caawaications between the 1' parties hereto shell be addressed as set forth in this paragraph 7. The below named ; Individuals, furthermore, shall be those persons primarily responsible fe the a performance by the parties under this Agreement: ? _Blaine Frandsen, City of Rancho Cucamonga, and Russ Sharp, L A yalnscott and Associates, In:. An; such notices, demands, invoices and written C m}mnications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours after deposit thereof In the United States mail, postago prepaid and properly addressed as set forth above. , 8. Insurance: CONSULTANT shall neither ccmmence work under this Agreement until it has obtained all insurance required hereunder In a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to coma ence work on a subcontract until ate insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Compensator Insurares: Before beginning work. CONSULTANT shall furnish to CIT7 a certificate of insurance as proof that it has taken out full workers' compensaton insurance for all persons whom It may empioy directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. ,e � _v _-1`_ 'bl�. � •r lSd " .w',' - "; R'TK i�i�s4j<!i vQ In accordance with the provisions of California Labor Cade }°• Section 3700, every ciptoyer shall secure the payment of compensation to 4tis employees. CONSULTANT prior to co.^nencing work, shall sign and file with CITY a certification as follows: •1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for ,orkers- compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before comencing the performance of the work of this 4greement-. (b) Public Liabilltv and Prooerty Oema9e: Throughout the' term of this Agreement, at CONSULTalIT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutue •� benefit of C1Tv :r,3 CONSULTANT, Comprehensive, broad form, general public lfa;.fiiry and autombile insurance against claims and liabilities for personal • injury, death, or property damage arising fray CONSULTANT's activities, provfding protection of at least Five Hundred Thousand ($500,000.00) for bodily injury or death to any one person or for any one accident or occurrence ' and at least Five Hundred Thousand ($500,000.00) for property damaga. (c) Errors and Omissions: CONSULTANT shall take out and ` �'.. maintain at all times during the life of this Agreement, a policy or polletes of insurance concerring errors t.d omissions (•malpractice•) providing protection of at least S2 vi.000.00 :a for errors .1 and omissions (•malpractice') with respect to loss arising from actions of �• CONSULTANT performing engineering services hereunder on behalf of CITY. .• •=c (d) General Insurance Requirements: All insurance •; `. ' required by express provision of this Agreement shall be Carried only. to �3.,`}�V�'iJ} W °�¢+3ryNe YtFp �s�ir`:, •• •'`1: �� .i `fir ;.�yy�, -'./ Y.5t4 drna �'T�._ •N+'�LY =yaw i\`v�'t::i r, +Yw �- A' f �I a t. responsible insurance companies _li•ensed to du ousiness in rite State of ,. e Californ'a and policies required under paragraphs d.(a) and (b) shall name -ag additional insureds CITY, its elected officials, officers, employees, and agen•s. All policies shall contain Language, to the extent obtainable, to the G effect that (1) the Insurer waives the right of subrogation against CITY and sill CITf's elected officials, offices, employees, and agents; (2) the policies are primary and noncontributing with ary insurance that ma-, be carried by .. CITY, and (3) they cannot be canrelled or materially changed except after t"irty (30) days' notice by tie insurer to CITY by certified mail. CONSULTANT s shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the Insurance. CONSULTANT may effect for its own account insurance not required under this Agrement. g. Tndemnificatinn: CONSULTANT shall defend, indemnify and save harm;ess CITY, its elected and apyointe.i officials, officers, agents and employees, from all liability from loss, damage or injury to persons '+ p•; �rrty, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in a„y manner arising out f any negligent or intentional or willful acts or omissions of the CONSULTANT in the performance of this , Agreement, including, but not limited'to, all consequential damages, to the maximum extent permitted by law. 10, Assignment): No assignment of this Agreemoiit or of any part or obligation of performance hereunder shall be made, etthtr in who),, or in part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: the vart••c he•eto agree that CONSULTANT and its employers, officers and agents are independent contractors _ under this Agreement and shalt not be construed for any purpd:e to de ?° 1 t' i" : A A employees of CITY. 12 Governing Law: This Agreement shat' be governed by =and _onstrued in accordance with the laws of the State of :alifgrnia. 13. Attorney's Fees: in the event any `egal proceeding is instituted to enforce any term or provi ^ion of the Agreement, the prevailing party in said seta' proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Cogrt to be reasonable. 14. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, tatween the parties with respect to :he subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall oe valid and binding Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WWEREOF, *he parties hereto have executed th;s Agreement as of the d y and year first set fc•th above: CONS TAtiT L A. Wainscot CITY OF RANCHO CUCAIVNE,A Jon D. Mikel!', Mayor ATTEST: eTverrye,et, ty er Date: //-40 - 64 y Date: Approvod as to form: —City Attorney - EXHIBIT A 1101E OF SERVICES Her -4sa Avenue wioening and Improvement from Vittoria to 19th Street and Hamiltcn Avenue Extension from Hermosa to Oenr Canyon Elementary School. Task 1 - Field Scrvey S Aerial Photography rield sun ey will be performed to establish aerial photneraphy control and to develop the necessary des En date. The following i AM of -'k will be Provided under this task; a. Establish htrizontai and vertical aerial control. b. Establish centerline control ono stationing for approximately 1300 LF along Hermosa between Victoria and 19th Streets and 63; Lc of Hamilton Avenue. Easterly frog Hermosa. t: i. Tie in property corners affected by right -of -ray dedication to centerline control survey. It is a anticipated that the following proporty corners }r� will be located: AP 202- 201 -71 - 2 corners along Hermosa AP 202- 201 -69 - 2 corners @ Hermosa and I e^7roximatnly 600 LF so s of FerLnsa AP 202 - 201.08 - Alltproperty owners (4 total) i AP 202 - 201 -30 - 2 cornea on Heracsa AP 202- 182-CA - t @ Victnria and Taakway d. Foray scale plan and profile sheets will be prepared using aerial photographic methods. The topographic plan strip will be approximately 2.0 foot wide. i e. The existing pavement will be cross sectioned at 50 foot maximum intorvais for use in matchup pavement and overlay design. This will involve approximately 1300 LF of Hermosa Avenue. 100 LF of Hamilton Avenue at the school site. 200 LF of Victoria Avenue and 200 LF of 19th Street. A topographic survey will be performed to pick up visible surf-ca culture that may not be Provided by aerial photo- •'; graphic methods. St l'r r- W' i.; ..y - � . - .. ;Q,��,- .e...�'�'. .tom• � � v. a1' . ^a '�y�i.CV., ti B. Legible field notes will be delivered to the City at the end of the design process. w The budgated cost for this task is $5,000.00. Task 2 - Utilvty Research & Coordination The location of existing utilities within the project limits will be determined by researching availabla plans The proposed design will be coordinated with affected utility agencies, Mork under this task includes: a Research and obtain plans of existing utilities, b. Plot existing utilities on base plans. c Transmit plan sets with utility notice to affected agencies. d. Rec=ond utility conflict mitigation measures. e. Attend utility coordination moetinao (up to two meetings are anticipated). The budgeted cost for this task is $1.000,00 Task 3 - Pavement Fvaluation and Design An ergineertng riport will be prepared to provide design parameters for retaining wall design and recommend new pavement structural sectians, The following items of work are anticipa -ed under this task: a. field Temple existing soils for laboratory testing including 2 to 4 core samplos for sampling subgrade. b. Laboratory analysis including R -Value testing %,ill ea �eriorried. i iecific design recommendations for new pavement structural section and retaining wall design will be provided. The budgeted cost for this talk is $2.000.00 TasM 4 - Ervirnnmental ins: _' Stud The C.ty of Rancho Cucamonga's standard initial study puestionaire. Parts I and 11, will be completed by a member of our staff. It is anticipated that the propnsed work will not have a significant impact upon the environment and that the amity will be able to prepare a Negative Declaration and complete the environmental review process. The budgeted cast for this task is $400,0. • .tom a•" t a7ze" � •r r • u.. Y�'�• Task 5 - Construction Plans - iGi construction plans will be prepared in accordance with City standards. It it entictpateo that one (1) title sheet. three (3) 40 scale Plar and prof03 i sheets. ona (1) stripm ^g Plan, and two (2) cross section work st•ees will be Provided under this task. The following basic street improvements are anticipated. a. Widen the Easterly half of Hermtsw Avenue from I2 to 12 feet and match existing paving (Sta. 83 + SC to Spa. 95 100; 1150 LF). b. Widen the Westerly half of Hermosa Avenue gram 72 to 32 feet and match existing paving. (Sta. 82 + 100 to Sta. 88 + 50; 650 LF). c. Hider the Rorthe•ly half of Victoria Avenue from 10 fact to 32 feet and construct curb return and 5 to 1 curb transition tapar' (150 LF). d Hide n the Sautherly half of 19th Stre et from 10 }eat to 32 feet and �onttruct, curb return and 5 to 1 curb tranition taper ` (150 LF) v. Overlay existinE Hormosa Avenue paving with a minimal AC cap for esthetics (Sta. 62 + 00 Sta. 95 + 00; 1300 LF). f. Extend Hamilton Avenue from existing Hamilton terminus at school ile .ite to Hermosa Avenue (635 LF). The budgeted cost for ;his task is $4.900.00. Task S _-_Le al Demcrtotioi Legal descriptions and r'ght- if-way (R /W) plats will be prepared for usr by the City in acquiring rights -%vf -way for additional dedications. Five (5) parcels rill be affected )y the additional Rill dedications. The )udgeted cost for this taslt is $1.000.00. TTask 7 - Maintain Design Files Design files will be maintained as directed by the City and will be forwarded 'y to the City upon project completion There will be nn cost for this task. "•sk 8 - Ifteers Cost Estimatp An engineers construction cost ostimato will be prepared based upon a detailed quantity takeeif. ,I, The budgeted cost for this task is 5000.00 1��2".'s�r"i.:.La�i4°6° lWe e.�.�l:f .d :•_ ;l � J`J _ �d—'•�S Task 9 - Specifications A co-olete cortrac' specification will be prepared The items of work under this task include: a Write the special provisions refereric`ng the "Standard Specifications for Public Uorks Construction " (Green 800k). b. Prtpare the bid items schedule (contract proposal) c List referenced standard drawings and insert copies into specification. d Assemble seociticaLion into one original document and forty., d to the City. The budgeted cost for this task is S800.00. Task 10 - Retaining Wall Oesfgn It is articipated that approxiciately 2000 LF of 3 to li foot high retaining walls will be constructed in accordance with City Standards. Necessary retaining walls will oe shown on the plan and a retai -ing wall profile will be prepared The budgeted cost for this task is $1.000.00. Task 11 Error and Om lssion Insurance L A Wainscott & Associates currently has a $250.000.00 Error and Omission's Insurance poilcy. There will be no additional cost for this coverage. Task 12 orolect Coordination The project design will be coordinated with the City's Engineering staff and Parks Gopartment. Alta Loma Schuol District, and CALTRARS. The budgeted cost for this task is $500.00. Task 13 - Pre - Construction Conference and Design Clarifications A member of the design team will attend the pro - construction conference. Also uMA this task L A Wainscott & Associates will provide design clarification as required during construction. The budgeted fee for this task is 5300.00 Task 14 - Construction Survev & Speciality Inspection L A Wainscott & associates will submit a propusal for providing construction surveying and speciality Solis inspection services prior to the bicding process. There will be no cost for this t -1k 4� ■• I& PROJECT DISi31 SCUME Hemos. Avenue widening and :grove eqt from ttctdrla t3 13:- - atr_et sna 4amtiton Avenue Extension fr= I+er -osa to Ceer Canyon ESenentary Scnooi. S• Cicv Rev vw t Sx -sec wrr <s 1 1 I l l 1 1 1 l t l I t 1 I I u 1 1 1 a u J�lol ll)llll��il!♦� I 1 1 I I I t 1 1 1 I 1 I I 1 1 1 1 1 1 1 1 I l t l l l l l 1 1 I I I I t 1 I 1 I I I I 1 I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 I I 1 I I I I 1 1 I I I I I t I I I 1 I I I I I I I 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I 1 1 1 m Mw 1 EKH131T C L A WAIYSCITT a ASSCCIAicS. INC. - PUBLIC WORKS ONISIOY STANDARD SMEDULE OF RATES Principal .......................... ........... ......S 75.00 per hour Engtnee� a Surveyor ............. ......................S 65.00 per hour Associate Engineer a Geatogtst .... ............ .......5 58.00 per hour Engineering Technician /Plan Checker .....................S 47.00 per h%4r Senior Public Works Inspector ...........................S 47.00 per hour Senior Technician .......................................S 43.00 per hour Public Works Inspector ....................... ..........S 40.00 per hour Laboratory a Field Technician ...........................S 38.00 per hour Engineering Afde/ Oratter .. ..............................S 35.00 per hour Three -Ran Survey Crew ........... ........................SI28.CO per hour Two,4an Survey Crew ............. ........................$107.00 per hour M -Total Station ......... ..............................S 10.00 per hour Computer .. ............................... .. ...........5 .02 per CPU page- second Subsistance .............. ..... ........................S 40.00 per day Clerical .................. ..............................S 24.00 per hour Field Technician Vehicle .. ..............................S 0.25 per mile October, 1985 S/ J 0 E CITY OF IWNCHO CUCAMO \GA STAFF REPORT P Z j DATE: December 4, 1985 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Gideon V. Agra, Engineering Technician SUBJECT- Approval of Professional Services Agreement with C G Engineering for Archibald Avenue Sidewalks between Foothill Boulevard and Baseline Road for S8,S0o.00 to be funded from TDA Article 3 funds Attached are copies of C. G. Engineering s agreement for consultant services for the •final design plans, specifications and cost estimates related to the above project. The proposed services will include the field survey on the parxway areas on both sides of the street to update topographic conditions and to prepare plans for the new sidewalks in accordance with the limits set forth. In addition. said consultant will prepare specifications, quantity and cost estimates for the project. The desiggn services will be financdd from Transportation Oevelopnent (TDA) Article 3, Bicycle and Vedestrlan Facilities funds allocated by SANBAG for Fiscal Year 84 -85 in the amount of $62,000.00 for dcstgn and ccnstruction. RECOMMER6ATIOR It is reconmended that City Council award the Professional Services Agreement for Archibald Avenue Sidewalk Inprovements to C G Engineering and authorize execution of said agreement for the amount of $8,500.00 plus 100 contingencies from TOA Article 3 funds. �Re spe fully sutm ted, L e Attachments 15c:)— 0 PROFESSIO_IAL SERVICES AGREEMENT This Agreement is made and entered into this 20 th dam' of Noventer , 1985. between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY^) and C G Engineering (hereinafter referred to as • CONSULTANT•). A. Recitals. (1) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation of plans, specifications and estimates for the Archibald Avenue sidewalks between Foothill Boulevard and Base Line Road. (•Project• hereafter). (iii CONSULTANT has now submitted its proposal for the performance Of such services. (Iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning cam fission. City rouncil and staff in the preparation of project. (IV) CONSULTANT represents that It is qualified to perform such services and is willing to perform such professional services as hereinafter defined. 110d. THEREFORE, it is agreed by and between CITY and CONSULTANT as follows S. e"¢nt. 1 Oeflnitlons: The frllowing ' initions shall apnly to the following terms, except where the of this Agreement otherwise requires: 7!71185 (a) Prefect: The preparation of moans, specifications and • estimates for the Archibald Avenue sidesalks between Foothill Boulevard and ._ Base Line Road described in Exhibit "A" Scope of Services hereto including, but not limited to, the preparation of maps, srrveys, reports, and documents, the presentation, both oral and in writing, of sues plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project as outlined in the Scope of Services. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. (c) Completion of Project: The date of completion of all phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations S and attendance by CONSULTANT at public hearings regarding the project acceptance for constructiz;, is set forth in Exhibit •B" Project Schedule attached teretu. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A and applicable with Federal. State and CM statues, regulations, ordinarces ano luleelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies if all maps, surveys, reports, Mans and documents (hereinafter Collectively referred to as "documents ") including all supplemental technical document:, as described in Exhibit "A" to CITY within the time specified in Project Schedule , Exhibit _Z_ 54` • "80. Copies of the documents shall be in sucn wrnbers "s are required by Exhibit "A ". CITY may thereafter review and for +arw to CONSULTANT comeats regarding said documents and CONSULTANT shall thereafter mate such revisions to said documents as are deemed necessary CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section 82.(b) may be extended upon a written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and erpcnse, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. in the event any such other persons are retained by CONSULTAN7, CCNSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subrcntractir shall be retained by CONSULTANT exceot ..pen the prior written approve' of CITY. 3 CITY agrees as follows: (a) Tc pay CONSULTANT a maximum sum of S8,50.00 for the performance of the services required hereunder. This sun siiall cover the cost of all staff time and all other direct and indirect Costs or fees. Including the work of employees, consultants and sub:ontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be cmade in accordance with the schedule set forth In Exhibit "CO. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reas:-abie time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" enter wit" respect to hourly rates or lump sum amounts for Individual tasks. In no M event, however, will said invoices e)ceed 95: of irdividual task totals- • described in Exhibits 'A" (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95: of the maximum payable hereunder prior to receipt ay CITY of all final documents, togethar with all supplemental technical d" cents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the Scope of Services as set forth to Exhibit •A' hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit 'Cl. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonaole time after said invoices are received by CIT". 4. CITY aorees to provide to CONSULTANT: ,a) Information and assistance as set forth in Exhibit 840 hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary .n order to complete the project. (c) Such Information as is generally available from CITY files applicable - the project. (d) Assistance, if necessary, to obtaining information from other governmental agencies and /or private parties. However, It shall be CONSULTANT s resporsibility to make all Initial contact with respect to the gathering of such information. • -4- S� S. Ownershio of Oocunents: All documents, data, studies: surveys, drawings, maps, models, photographs and reports prepared by CO'SULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. Any use or reuse of the plans and specificaticns except at the site intended or any alteration or revision of the plans or specifications 'r by the CITY, its staff or authorized agents without the specific written ., consent of the CONSULTANT shall be at the sole risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, iclaims and losses Including defense costs arising out of any ;uch alteration or revision, or use or reuse at another site by the CITY , its staff or authorized agents. 6. Termination: This agreement may be terminated b,i CITY upon the giving of a written 'Notice of Termination' to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice In the event this Agreement is so terminated, CONSULTANT shall be compeniated at CONSULTANT's applicable hourly rates as set forth in Exhibit •c', on a pro - rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive amre than the maximum specified in paragraph 3 (a), above. CONSULTANT shall provide to CITY an; aid all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by -5- �� 7 CONSULTANT as of date of terniaatio,. CONS;LTANT may not terminate this. O Agreement except for cause. 7. Notices and Oesianated Representatives: Any and all notices, demands, invoices and written communications between tha parties hereto shall be addressed as set forth in this paragraph 7. The Lelew named individuals, furthermore, shall be those persons primarily resoonsible for the performance by the parties under this Agreement: Blane W Frandsen, Senior Civil Engineer for and on behalf of the City, and David J Barakian, Project Engineer for and in behalf of C G Engineering, 2627 S. Waterman Avenue, Suite E, San Bernardino, California 92408. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty -eight (48) hours aster deposit thereof in :he United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT alt,)w any subcontracto, to commence work on a subcontract until all insurance required of the suocantractor has been obtained. CONSULTANT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) Worker's Conoensatbn Insurance: Before beginning wort, G7NSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensaton insurance for all persons when it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the taws of the State of California. • .6- 58 In accordance wit'i the provisions of California Labor Code - Section 3700, every emp,dyer shall secure the payment of compensation to fits- employee- CONSOLTANT prior to commencing work, shall sign and file with CITY a certificatior as follows: 'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to he insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement*. (b) Public Liability and Prooerty Unlace: Throughout the te^n of this Agreement, at CONSULTANT's sole cost and expense. CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual • benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal Injury. death, or prep ?rty damage arising from CONSULTANT'S activities, providing protection cf at least One Million Dollars „,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars (51,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take cut and maintain at al. times during the life of this Agreement, a policy or policies of insurance concerning errors and aaissiors (•malpractice') providing protection of at least S2501000.00 for errors and omissions ('malpractice') with respect to loss arising from actions of CONSULTANT performiq engineering services hereunder an behalf of CITY. (d) General Insurance Requirements: All imurance required by express provision of this Agreement shall be carried only in -T 15 7 responsible insurance companies licensed t0 do business in the State- of • California and Policies required under paragraphs B. !a) and (b) shah na+x` as additional insureds CITY, its elected officials, o`f icers, employees, and agent.. All Policies shall contain language, to the extent obtainable, to the effect that (1) the Insurer waves the right of subroga•ton against CITY and CITY's elected officials, officers, employees, and agents, (2) the policies are primary and noncontributing with any insurance t +at nay he carted by CITY; and (3) they cannot be cancelled or materially channed except after thirty (30) days' notice by the insurer to CITY by certified ma,T. CONSULTA11i Shall furnish CITY with copies of all such policies pray. ptly upon receipt of thee, or certificate 4-ienc +ng the insurance. COtiSULTAtIT may eff sct for its awn account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall deferd, lndemn'fy and save harmless CITY, its elected and appointed officials, Officers, agents and mp loyees, from all liability from toss, damage or tnJury to persons or property, including the payment by COt1SUlTf i+T of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or Intentional or willful acts or omissions of the CONSULTANT in the performance of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Asstarr,ent): NO assignment Of this Agreement or of any art or obligation of performance hereunder shall be made, either in whole or n part, by CONSULTANT without the prior written consent of CITY. 11. Independent Contractor: The parties hereto agree that CONSULTANT and Its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to he • -8- 6D e P P i C r to he • -8- 6D i • employees of CITY. 12. Governino law: This Agreement shall be governed by and construed in accordance with the l-ws of the State of California. 13. Attorney's Fees: In the rvent any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable 14. Ertire A4reement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be • valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULT��,O. EngIneering David J Barakian, Project Engineer CITY OF RANCHO CUCAHONGA Date: _ / / -9 -BS Date: -won � a.s, ayo^ ATTEST: Beverly A. Authere—t7ZTt—y7re-rT- Approved as to form: City Attorney C G ENGINEERING Planning and Bngzneenng Cctober 21, 1985 Mr. Blano W. Frandsen EXHIBIT "A " Senior Civil Enginaer City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 References Proposal for Engineering Services for the Archibald Avenue Sidewalk between Fcothill Boulevard and Baseline Road Dear Blanes In accordance with your r -quest C G Engineering is pleased to provide this proposal *,o you for the Lsferanced saginoc ^inq services. The following is our proposed scope of services for eccpletlon of this project. SCOPE OP SERVICES I. C G Engineering, will field survey the park. y areas on the east and west sides of the street tc determine any topographic changes that have occurred subsequent to our original topographic survey of the area performed in Narc� 1985. 2. Plans will be prepared for construction of new sidewalk in accordance with the limits shown on the map provided us by your office. Plans will lie on standard Poncho Cucamonga mylars, will be 1" - 20' scale and consist of plan views only. 3. C G Enginesring will prepare specifications and quantity and cost estimates for tho proicat. 4 We will utilize the utility research and determination of existing rights of way previously accomplished for the Archibald Avenue P.A.U. grreet Improvement and Sewe^ Project Since this y_.iect is currently under construction we assume that this information is currently accurate. Nevertheless, plans will be distributed to all utility companies so they -ay review their 'lgilities and inform us of any new or pla•.ned facilities . the area. 2627 S. WATERSUIN AVE., SUITE E • SAN BERNARDINO. CALIFORNIA 92+08 0 1:141 621.2120 i • PROPOSED PEE C G Engineering will provide the above sarvicos on a time and materials basis in accordance wi."i our current hourly rate schedule (copy attached). Project will be completed for a 'Not to Exceed" fee of $8,so0. We understand that the City will provide etsndard City mylar sleets the preparation of the plans as well as any utilit; potholing wl' -' may become necessary as a result of the proposed design. PaOJECT PERSONVEL Mr. David J. Darakian, P.P.. will be the project manager and will be assisted by Mr. Pick Ynostroza, Senior D9signer and Mr. Jay Tattle, Draft..a n. en,JECT SL'NEDDLE EXHIBIT "B" We are prepared to begin with the field surveying immediately upon receiving a notice to proceed and will ccmpletu the design work for submittal to the City for first check within thirty (30) working days. Thank you for the opportunity to submit this proposnl to the City of Rancho Cucamonga. We loos forward to performing this project for you. DJEab 2000 -002 101703(100,7) Respectfully submitted, David J. Darakian Project Engineer 63 CG Planning and Engineering PREVAILING HOURLY RATES July 1, 1965 -June 30, 1986 OFFICE EXHIBIT `C " Principal Engineer 590.00 /Hr. Project Manager 65.00 /Hr. Project Engineer 50.00 /Hr Landscape Architect 60.00 /Hr. Real Property Specialist 60.00 /Hr. Principal Planner 60.00 /Hr. Senior Designer 51 .00/11r. Designer - Draftsman 46 00 /Hr. Planner 40.00 /Hr. Designer 40.OU /Hr. Senior Draftsman 38.00 /Hr. Draftsman 33.00 /Hr. Computer Operator 33.00 /Hr. Engineer Aide 33.00!Hr. Administrative Assistant 33.00 /8r. Clerical 20.00 /Hr. J 1:4A.: Resident Engineer (Professional) 65.00 /Er. Inspector (Unli= ensee) 46.00/Br. Field Survey Supervisor (Licensed) 60.00 /Hr. 2 Man Survey Party 119.00 /Hr. 3 Man Survey Party 152.00 /8r. Electronic Measuring Devics 80.00/Day MISCELLAREGUS SERVICES ANn EZPERSES Mileage 0.25 /Mi. Prints, Copying, Reproduction and Miscellaneous Materials Cost + 101 Outside Consultant Services Cost + 101 Equipment Rental Per Caltrans Publications QIFY86 yl T 2627 D. WATERSEAN AVE.. SUTTE E • SAN BERNARUINO. CALIFORNIA 92408 .1714) 624.2420 • 0 In CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 4. 1985 TO: City Council PROM: Lauren N. Wasserman. City Maoyar ODD]ECT: FOOTRrLL FIRE PROTECTION DISTRtMfP ►CI!? R_ECTIOM G Cw 1;rj1^ CI ta � 'z Jz 1977 Recorumendation regardiog Foothill Fire Protection District spacial election. It is reeommaudad that the City Council authorise the City Manager to vote in favor of the Foothill Ftre Protection Distrtet special election on 'Tuesday. December 10. 1905. The City is entitled to cut 12 +ore+ in the election. The purpose of the proposed Hallo Rccs Comuuity Facilities District is to establish the district to prw_de fire suppression facilities and servues. Although the City is not impacted by the proposed feu fcr the Coasuni r Facilities District. we are entitled to cast 12 votes since we own 14i within the proposed district. LMW /dj■ —0 N4 279 MARK CROSSES I+) ON MOOT WITH PEN OR 10MCIL. • - - j ISAVEtore- 4UVEttu1 ( Fe ldbWWroAh8 ...LavingroPrWgjp:aPew�•1 - - -- - - - --- OFFICIAL BALLOT ------ SPECIAL ELECTION FOOTHILL FIRE PROTECTION DISTRICT SAN BERNARDINO COUNTY, CALIFORNIA TUESDAY, DECEMBER 10, 1985 Unit value at vote entitled to art /.J INSTRUCTIONS TO VMS: To vote on any measure, mark a cross (r) to the voting square after the word "Yes" or after the word "No " All dhstmguishmg marks or erasures am forbidden and make the ballot void If you wrongly mark, tear or deface this ballot, return it to the Foothill Fire Protection DI,• tnet and obtain another MEASURE SUEMRTM TO VOTE OF VOTERS PROPOSITION AUTHORIZATION TO LEVY SPECIAL TAX FOR FIRE SUPPRESSION SERVICES AND FIRE SUPPRESSION FACILITIES IN MELLO -ROOS COMMUNITY FACILI- YES TIES DISTRICT NO. 85-1 OF FOOTHILL FIRE PROTECTION DISTRICT AND TO ESTABLISH APPROPRIATIONS LIMITTHEREFOR. Stint the Mello-Roce Cammuniry Facilities District No. 85.1 of the Foothill Fire Protac Van District W authorized to nnually levy a maximum Spec+d Tex theme to pay far fire supprtyian services and to finance fire suPprestmn facilities and other property neo eatery therefor together with incidentN expenses and to establish an appmpnabont hmn No of $1,775.000, said mawmum Special Tax and aopmpriaram tint to be wbfen to the limitations and adjustmnu tet forth In the ballot Infomedunf 66 E 1-1 2 CITY OF RANCHO CUCAMO \GA STAFF REPORT DATE: Dv.ecber 4. 1985 TO: City Council Ron: Lauren M. Wessermad, Cit, aasgar SUBJECT: fyOCPED JITH PURDIRG NTCRIRIS P0R x=_- LP PnRLTC SAPETI -CIPTC FACILITIES �c «off �'f 9 G9 �> 077 i It is recommended that the City Council authorize the staff to proceed with the necessary arrangements for establishing • Certificates of Participation Program for ficancing time proposed Public Safety -Civic facilities. It in significant to note that this authorization is merely one atop of may which will be necessary in order to complete the project. No date far start of the project fecnatruction) has been established since aretitactural services have not iot bean completed. In other words, this authorization is not tba go-ahead :or the project. It is merely one of may arrangements which need to be cede prior to the project actually commencing. LMR /djz 7 'r. 0 1 E — t ITY OF RANCHO CUCAMONGA STAFF REPORT December 4, 1985 TO: City Council and City Manager FROM: Robert A. Rizzo Assistant City Manager SUBJECT: Approval to Authorize the City of Rancho Cucamonga to Participate in a Service Delivery Area Within the West Valley of San Bernordiro County under the California Family Economic Security Act and the United States Job 1r.• ^ing Partnership Act z 1977 At this time, seven 'Nest Valley cities (Rancho Cucamonga, Chino, Fontana, Moncloir, Ontario, Rialto, and Upland) ore exploring the possibility of a joint effort to create a Service Delivery Area (SDA; under the Job Training Partnership Act (JTPA). In essence these seven cities would be withdrawing the County% "Manpower" program and developing their own West Valley agency. This new agency would have the ability to develop and implement programs aimed at the particular job training a.xh plocement needs of our area. Funding for the agency would come directly from the State of California and would be utilized solely within the West Valley SDA for job training and placement programs. The objectives of the West Valley agency would be threefold: A. Place local persorn receiving governmental subsistance in permanent wage eaming work situations. B. Implement a job training program whereby an ernnloyer will receive a percentage portion of wages In traini• , a disadvantaged employee and tronsitioning them to full time permanent status. C. Assist current and new West Valley businesses in cultivating the unemployed workforce within the West Valley. To begin the process of establishing an SDA for the West Valley, each of the City Counc'ts need to grant their support of the prNrom — basically in principle at this time. RECOMMENDATION Approval to authorize the City of Rancho Cucamonga to particpute in a Service Delivery Area within the West Valley of San Berardino County under the Califomia Family Economic Security Act and the United States Job Training Partnership Act. 0 RE.6GLVIION M0. 4&� 8s-3Is A RESOLOTt A OF Th1 CITY COCtr= CF 788 CITY OF RASCOO COCAMONGI, 01190881. ADTH47,1ZING PABTICIPATIM W A SERVICE DELIVR;N ARPA 4ITHE1 Tag WEST VALLEY OF SAH BwARD180 COUNTY WBSOLAE, The Wect Valley Cities o: Cbiao, Foutaca, Montclair. Ontario, Ranub0 CueAmvuga, Rialto, and UpLaod p are contiguous and eorise a cocoon lobo, marl-at area; and WHEREAS, these West valley Cities are dosirons of providing the east effective ud of !icieet employment and training services to their residents. thereby iaereaaicg employmenc levels, improving the regional economic climate, and reducing for aumbes of nonproductive citizens; and WHBRIAS, tbv California Family economic Security Act (FEW and the O. S. Job Training Partoership Act (JTrA. Public Law 97 -700) authorize the formation of a Serv'rco Delivery Area an the Wave Valley to accomplish these purpose%; and WHEREAS, other West Valley Cities hwe agreed together to cooperate in the adnia.atratioa and delivery of services under tba Jd. Training Partnership Act; and WHEREAS, the Cicy of Ontario is willing to be the lead agency to administer 'hs program and provide errplcvmenc and training services to residents of each participating West Valley City. SOW. THEREFORE, BE IT 1ESOLVED, tbst the City Council of the riry of Rancho Cucamonga intends t0 Participate with other West Valley Cities in the creation and oversight of a Setvlce Delivery Area in the West Pettey of San Bernardino County, with the ampectation that the azu Service Delivery Area will be operational on July 1, 1986. PASSED, APPROVED, mad ADOPTED this kth day of Dacaober. 1985- AYES, HOES: ABSENT: As Jon D.:likels, Mayor M E r 1 u — CITY OF P..i.:CHO CCCASIO.NGn STAIT REPORT G- GATE December 4, 1985 ° �y_. TO: City Council and City Manager FROM: Lloyd B. Ilubbs, City Engineer BY: Linda Beek, Engineering Technician SU93ECT: Approval of Improvement Agreement and Improvement Security for CUP 84 -09 locsted north of Victoria Avenue on the east sida of Etiwanda Avenue submitted by the Corporation of the Presiding Bishop of the :htrch of Latter - Day - Saints, a Utah Corporation Sale. CUP 84 -09 was approved by the Planning Coamission on August 24, 1984. The Developer, the Corporation of the Presiding Bishop of the Church of Latter - Day - Saints, a Utah Corporation Sole, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithftl Performance Bond: 549,000.00 Labor and Material Bond: 534,500.00 A letter of approval has been received from the Cucaronga County Water District. AECOMF£MOATIOK It is recommended that the City Council adopt the attachc4 resolution accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement. .e �tfully su tt ed LBH: L6'. de Attachments 70 CITY OF RANCHO CUCAMORGA .MPROTEMENT AGReFMEMT FOR CUP Bt -09 KNOW ALL MEN 3T THESE PRESEMTS That this agreement Is made and entered into, In conformance w 'h the provisions of the Munlcloa' Code and Regul at Ions of the ',ty of Rancho Cucamonga. Ss ate of Ct,lfnrnta, a auolCipal Corporation, herein a(ter r! /!rr- ad _ _ 1h. City by and between maid City and -. _ ._..,...., ,� ; hLelnafter referred to as the ueve�uvs• THAT, WHEREAS, said Olvel000r desi -ts to develop certain real property in said City located North ,v ,f �••rnrle Avem,e an Chv fast side of EtiwMo Avenue ; Ana L'IIEREAS, said City has aft +011shed certain requirements to be met by sale Oevelcier as prerequisite to gran ,ng of final approval; and WHERFAS. the esacat on of this 47-eenent and posting of improvement security as line a In ay tar cited, and .Oprovtd by the City Attorney, are deemad to be afuivalent to prior completion of Said requirements for the purpose of securing $a d approval NOV. THEREFORE, it Is hereby agreed by and between the City and the Developer as -o 11Ows 1. The 0ee4loper hereby agrees to construct at developer's expense All Improvements described on page a hereof mlLhin 24 months from the date hereof 2 This agreement shall De effective on the date of the -esolutice of the council of said City a;aroving this ag- cement This agreement shall be to default on the day follow. log the first anniwersa,, date of said app-oval unless in Asian. Von of ties A.s teen gr, led by said City as hereinafter prbwid. to 3. The Developer may request additional time In which to obmOlete the pre. lions of -his agreement, In writing not less than SO days prior to the default date, and i••tludlag a statement of circumstances of necessity for additional time In consiaera- ties Of such requoR. the City resarvis the right to review U.4 pr"I'Ions hereof, including construction standards, cost estimate. and sufficiency of U4 Improvement security, and to requlru adjustment. thereto when warranted by substantial changes therein. e If the Developer falls or neglects to comply with the pro? IStors of this agretment. the City shall have the right at any time L. pause said provisions to be cooplglad by any law. ful means, and thereupon to recover from said Developer and /or his Surety the full cost and eapente Incurred In so doing S. Construction permits Shall be obtained by the Oevel. come from the office of the City Engineer prior to start of any wart within the public right-of -way. and the developer shall COMdwat such wart in full compliance with the regulation, contained therein Non - compliance may result in stopping of the wort by the City, and assessment of the penalties provided b Public right -of -way Improvement work •equlrmd shall be constructed In conformance with approved Improvepo•t plans, Standard Speeifiea'i.ry, and Standard Drawings and an' spacial .1. S.F.. O.R.. a:$., P.M „Cy.` 7/ LJ as lndmentS thereto Construction Shall Include any transitions and /cr Other PAC dental wOrk deemed necessarl for drainage Or public safety Errors Or O.tSMont discovered during Construc. t ion tha I be corrected upon the dlrectlo, of the city Engineer Revised wore due to said plan nodifloatiphS shalt be COv*rae s t•I. provis'Ona Of this 491011,11 and se Cured by lne Surat, .0 r• , 1ht c"91na1 planned worts 7 eor dons within ea11tin9 stneets shall be diligent. ly p vsued t0 .Ompitt On; the City $hall have the right t0 cowylete any and all art in the event of .,Juttthed do ay in completion, and to recdfer Pill cost and eaptnse Incurred f•dn the Developer and /or his contractor by any lawful vein• a. the Developer shall be responsible for rtol]coment, relocations, ar removal of any Component of any irrigation Alit, systey In COnfllCt with the reeuired work to the satisfaction Of the City Engineer and tea owner of I., water system. 9 The Develops, shall be responsible for feaowal of all loose rock and Other debris from the puolic right.of.ray 10. The Developer %hall plant and maintain partway trees as directed by tilt Coamunity Oer%loolent Director. it The tmorore,ewt sec.rlty to be furnished by the Ddvel doer to guarantee cdmp'et:an of the terms of this agreement thell be subject t0 the approval of the C'ty Attorney The prin. Clpel amount or said improvement security shall not be less then the amount shorn: .7_ 0 7�- By: Mara, Attest: cr Clark Appealed: City Attorney DEVELOPER'S SIGNATURE,. NU OTARIEED _1. .0. 73 FAITHFUL PERFORMANCE ' Trot Principal Amount: 69,000 Nacre and address of surety: MATERIAL BAD LABOR Type: Principal Amount: 30.900 Name and addr•as of surety: CASH DEPOSIT MOMUMENTATION Type: Principal Amount: No-* and address of Surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN u1T0ESS NC4EOF, this Parties hereto hart Caused these presents to to duly tucuted artd actnaeled9e elth &,I formallH n retutred or law on the dates set earth opposite their signatures Oatt 6, 02.11000, S rinse - -- Date err De.elatter 9nawre /dew Tp.,tu�r p.rinh >6JAseN� Accepted w� City of Rancho Cucae0496, Wife....A A Municipal Corporation By: Mara, Attest: cr Clark Appealed: City Attorney DEVELOPER'S SIGNATURE,. NU OTARIEED _1. .0. 73 Iprarment: CITY or Rmato CL'CA710nGA ENGINEERING DIVES104 EXCAOAU'./ENT PERMIT FEE SCREOOLE City Orating u+l-, ^v+•r ROTE: Dees hot Include current tee for writing wait Or germplt deposits U; COAYTITY VIT ITE71 vp CF Mt-:XT L.F Lack curb - to. C.F. 24• P.C.C. cur* . e• O.F 14. a, 1:1 343 w i•F uttter(avecte115.00 -.C.C. cur* cnly gutter e•w � I7 .F S.F A.C. berm a• Y,C C, ifderaik 6'50 SJ S.F. Grim ao0rosrn E• P,C.C. Cross gutter flnc 2.50 C.' cure) Street ucarat'an J,d0 -- C.Y. In:orte* cdd",eent 1.50 M•_ S.F SJ Preparation of suogride Crushed egg. ease 1.50 0.15 TOM TOM (Per into cnlctl A.C. (over 1700 tons) (((900 0.07 27,20 TOM A.C. to 1700 tons) A.0 (300 to go0 tons) 75.00 = TOY S.F. A•C. under SW tans) 4' A.C./4' A. t. 45 00 d0.CO S.F. SJ Patch A.C. (trencn) I• th,Ck A.C. overlay O.35 1.75 EA. Adjust 1mr awale to grade 0.70 2.0.00 EA. EA. Adjust sewn clean av: to grata 160.00 T EA. Adjust wain valves to grade 75.00 L.F. Street lights earriudea 5300 min) 1000,00 L.P. S.F. 2 . a• reMOCd naader ocd header 1.00 75 - L.F. Reaoral of A.C. pav C 9ererat of a k Curo .7g 7.70 - ,rte L.F EA. Amoral of A.C. bera 1.00 •Oi+ -� EA. Street signs Reflectors and Posts 200.07 L.F. Concrete bloct rill oo -- SJ TON Reu,nlr.9 will Aggregate base 20.00 T- C.F L.i Concrete structures 7.00 425,00 L.F. le• Rip (((2000 0 26. (1300 0� 29.00 L.F L.F. UP ]b• RCP 0 75.00 49.00 EA. EA. ((2000 49' RCP 1200 p Catch basin R • A. 75.00 U. Et. Catch basin R • e' 2000. 2900.00 Co EA. Catch basin R . 22' Local Local depression a' 4$00.00 EA. Local depression 12' $00.00 3000,00 EA. EA. structure structure 5500.00 y EA. Outlet Outlet structure. Std 0505 Outlet structure, Sid 0507 2300.00 G. L.F. Guard Dusts Guard Panel (rood) WO'ro 25.00 .1J0) L.F. sarcuc LLF INa.^•all (48• wing) 2.00 4000,00 S.F L.F Rtd.nod header landsppfnyy 6 Irrigation 1.75 2.75 _ . Roll Path (P.C.c.) 7.50 OIOIAEEAIOO IRSpECTIW FEE S1 y0R TOTAL 'RESTOUTIGM/OELIMEATIOA CASH 1!107 SUBTTOTEYCT CO3T5 (ISiI W:Sm DEPOSIT (REFUKJA9LEj FAITAFOL PERifpxlMtE b7,) (loos) a7xvffnTATIOn SWEEP (CASH) �yJ'< IAEOA ATO wtTERIAL VAG (SL-) 'Furscsnt to city Cr Rancho Geteopga amiefpal Cale, Title 1. Chapter l,oe• adopting Sn ernamm Count/ Code Titles. CMpten 1.5, a cash restoration /delineation deposit shalt MR Ride Prior to iss*ance of en En9lceerleg Construction Permlt. Wind 3124 751 Nina •46e•S2-61 FAITHFUL ►ERF02t1ANCE BOND WHEREAS, tee City Council of tee City of Rancho Cucamonga, Stott o1 Callfornta, lea — =-= ' tot,H nl /ter dts.Dnated as Dn eCiOa I Hare elte'to aid an 89,114 , ,h t ereby orl"cloal Agrees to taitall and COeplett Certain des quoted public laprohemtnts, rhich Said agrmen Mt, dated �./ it _ �f- - _ 19Rr , and Identified at project Is hereby referred to and aide a Dart ached :av0, WHEREAS SAU prleCIDA1 It rbgri•ed .,del the terms of said agreement to furnish is bond for the faithful pe,f. -mute Df said agreement 101. THEIEFORE. we the DrinclDal and r as surety, are held Jed /Ird 17 Do and veto Set ty o cacao C %CV :ga (marl leJfter G1Ied •CieJ•), In the Den al sum of fdtY -a1M 11RRe11g_1�•- •�T��'� °� •- - - --00 /._DOT ID 69, IOU 1 UVral money of the ue,tea 5Atei. Far the payment OF watch van veil and truly to be made. Vt bind Curial—%. our Is n, ,dcC!%SOrs. RSOCdtars and a"'AiStratorS. jointly and ,:%rally. IF oln by theft preseett. ate COndibltn Of this Obllyatlaa Is such that If the above bconded priecil.l, his or ", Re lrs feetutors, admidiStratort, secces,ar, or o.s /ges, shalt ,n all things stand to and abide by, e cad •t'i and tr IIT atop and perform the CCrevant,, conditions and provislnns In the ,a•d agreement and any alteration thereof aide as tMrolo Orrvevlded, on his Or End v Dart, to be Lept and pvfornd at the time and to tot manner therein specifled, and in all respects Accordleg td that, true latent and D- %Ring, and shall lademmlfy and save hardiest City, Its ufflcerS, agents and "VICYees. as therein stipulated, then this obligation s1at1 Decoct hall and hold; Otherwise, it shall to and remain In full force and effect. As a put of the abligotios secured ear %by and to addition to too face amonat specified led , of or. there shall be Included costs and reasonable expenses and fees. Including reasonable attorney'% fees, lacorred ey City in successfully teforclnq such ao ligation, ell to be Lund az costs and Included to any judgment rendered T4 surety hereby stipulates and agrees that no Change. :reef tom of time alteration or addltigm to the terms of the Jg modist or to the ro•t to be parforded thereunder or the speal. f /cations lecoepany,ag tot same $hall In any,.lse affect its Obligations sat this band, end it da%1 hereby waive notice of any lch chute, extenmioa 0f time, a'•eratlon or Addition to the toies of the agreement or to tot wort Or to the spncifications pIt UITNESS WHEREOF, this Instrumert has been d, , executed by the Srlsclpal and surety, a ;Yr named, on Cd'porotles of tad• ?residing e,sheD cf the Church OF Jffhs Chril$ of tatter -pav ,ter ral l,nurMU fa Reim era oD(a�r urn y qe adore tt %race —w- act iidisew'i dy..i' le% uron .M. .WT Tai ll ?LEASE ATTACH POWER OF ATT021ET TO ALL $3105 SICNATORES INST BE NOTARIZED apl�u: ✓,. r :i,� �nntttat .:�!C ..: r.7..;`tifN� �.S,�Ir � LAOOR AMW MATe91ALMEn COMO cane 19106.52.63- u if tEA S, [rte City Co ,.cil o/ Ina CIL, Off Rancho Cucalaega, Slate f Cal alarm. end _ (nerains a, do,, gnats, et •pr,n lDA,on� -an entered tn[o an Certain nenoy Dr01 sal Aq. a as t. Instal l add corplete Cart alai det�gnated pu01,c lo; r0♦wants hich said 'or ascent, astN _ p r- ,4 98^ end Id en t if laJ as prJ Ct Iy ne�te) .f�rre0 to and pact a Dart ra rear WMEREAS. under the Islas cr said agree ^t.t, Dn s[Ipal ft fCdYlrld before OntV AS upon thf plrforltnct Of the .Ora t0 lilt a 9000 "A Sufficient Cassels DOnd rlth tya .l•• of ien••c G emanya to secu.t the clalas t0 on rn re•ere•te If ^a0e In Title IS ( <om en;,nq .Ito Section 30921 of part ) of 3sVISIOn J Of Ina Civil Cod. of the Stet, of Callrorn y MO's THEE /ORE laid principal end the unae.si'med Js A corpo"ll Surety, era held ferny Co,,C unto the Clp) Of Fancn) CUCAMONqa and ail Ont -aeear. sueeon;. the City f C•A., sateH alptn and Other Me OOP'Oyed In the ObfOrMJICI of the aforesald t9r4 eee At aAit rerarrad to ,n tie afaresa,d , o! Civil Procedure In the Sue Of TI Irt -four Thdufm0 firs MJMnd. o of Dollars (5jL500.00 ), for satene S i,iMlinea 0, aeon thereon u/ any tln0. dr ry mounts due under the Unesoloynent Insur-nce Act with respect to such wart Or lacer that said Surety will DAY the Saae 'n AM 'a"'! not 4CaCding the ''-aunt herelnabove tit forth, Add also In .ass SLIt IS Draught upon this bond ♦111 pay n addition t0 the face aaount thereof COs., and relsa.,01, "Penaea 414 fees 'mclwdlny re as anaMlt attorney t fees Incurred by City 'n tuCGte,iully enfortln9 Such 001196tiOn t Oe ',,,del ana Area ar ens court, it to et sated as costs ana tJ Dto included In tot 1u0leads then tin rendered it IS le"I" e-prsssty lt-Oulattd ana a•ren0 that t•-IS Dona c Halt Inure to the Dtntrla air Any 81C all den tai,. Co.,,,,,$ and lthasec -1 On 3082)101 to art ae o ft 0lvls Ond Jr OTl the Civil 'code nO as tJ 9ire a right 0/ Action t0 then Or smell vision[ In anyt{us* broil I upon this bond Should the Condition 0f this bond be fully pert Orped, th,, this Obriga[IOn (hall tetole null ana rG b. ,tmerw „e it shall be and resaln In full f0rc9 and a / /tit Inc Surety hereby stipulates And agree. that n0 change. ettsns'Om Of site. • alteration or adelt,. to the tells Of Said ogre want or 11, specifications 4000e0anyln9 the Saae shall In any sann•r affect Its poll gatl Dn, on tails Dond, ana It dcH ntr t. by valve not ICl Of a,y wch change. ertanf lo, alt elation or addltlen N his IS"um-t the DrrIIclpalS .,it:1fatyt4bO-tnnamed.nannaf 0af0.,a0er JI tc1t10 by 192 5 C,,parat ion of t" ryas ling aishop 01 tb Chu" of Lsue P1111 of La[m -Day ` }`} rya see�r ( .facer A i'.lt•Af -� LLti tY •, . . r. kt 1. V- aturt gn tO M ay. n- JCt Authors" A91nt 1- Norv,sn D s0ulns 6N A. PLEAY1 ., //J - 612 E. q[ a0„ 7LC OT Sell, PLEASE ATTACH POWER Of ATT09MET TO ALL a060S SIOMATURES MUST et ROTAMI2E0 76 PESOLUTION NO. L-i2- 94-Ann ,5 - 319 A RESOLUTION OF THE CITY COU'CIL OF THE CITY OF RANCHO - CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR CUP 84 -09 - WHEREAS, the City Council of the City or Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on December 4, 1985, by the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day- Saints, A Utah Corporation Sole as developer, for the improvement of public rig;it -of-way adjacent to the real property specifically described therein, and generally located north cf Victoria Avenue on the east side of Etiwanda Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real prorerty as referred to Planning Commission, CUP 84 -09; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said S Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. E PASSED, APPROVED, and ADOPTED this 4th day of O",:mber, 1985. AYES: NOES: ABSENT: Jon D. Mike;s, Mayor 77 0 El CITY OF RANCHO CL'CA.N10 \CA STAFF REPORT DATE: December 4, 1985 TO: City Council and City Manager FROM: Lloyd B. Hubbs, Cit,( Engineer BY: Linda Reek, Engineering Technician t I GL Z t9" I SUBJECT: Approval of Improvement ,agreement and Improvement Security for Tract No. 12922, located between Lemon Avenue and Highland Avenue, east of H•ven Avenue, submitted by Lansen L2velopm2nt, Inc. Tract No. 12921 was approved by the Planning Commission un Fehruary 13, 1985, for the division of 15.35 acres Into 1 lot in the Medium H194 Development District located between Lawn and Highland Avenues, east of Haven .,ienue. The Developer, Lansen Development, Inc. , is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance 3ond: $100,000.00 Labor and Material Bond: $ 50,000.00 also, an agreement aid security to guarantee the construction of Master Plan Storm Oran Line 3 H Phase I : Faithful Performance Bond: $ 53,000.00 Labor and Material Bond: 5 26,500.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. & R.s have also been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract No. 12922, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respectful l ubmi ed, PV 6 L L e , BH Attachments rAaoj Ll CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR TRACT 10. 12922 RNOM ALL REM BY THESE PRESENTS: that this agreement 1t made and entered Into, In Conformance with the provisions of the Sgboil ISIOM Nap Act of the State of California, and of the applicable Ordinances of the City of Rancho Cua*onge, California, a municipal corporation, by and between said City, hereinafter reforrad to as the City. and L61 oeeelopment Company 120 No Port Oat Lane, Suite 400, Houston, Teat 77021 hereinafter refereed to as the Developer WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain rul prop arts In told Cftf as shown on the conditionally approved sub dl It s ion known n Tract No 12922; and WHEREAS, said City has establlshmu certain reOU'remants to be not by said Developer at pee- *Wslte to aoproval of said suba'viston generally located aast of haven Avenue north of gig hla.d Avenue South of Lemon Avenue NOW, THEREFORE, It Is hereby agreed of said City and by aid Developer as fol •1. 1 b.e Developer hereby agrees to construct at Developer's eaaenQ a I improvement% described on Page 6 here. of within twelve months from the effective date hereof. 2 This agreement shall be effective on the date of the resolution of the Ccuncll of said City approving this agreement This agreement shall be In default on the day follow. ing the filit anniversary d.te of said aoprOVp unlit: an eaten. alon of time hat been granted by :veld City as hereinafter PfOVId- ad 7 rho iavapper Say request an astens'on of ties to Complete the terms hereof Such request $hall be Submitted to the City In writing net last than SO days before the aspiration Cate hereof, and $hall contain a statement of Circumstances net essltrting the )atension of time The City shall have the rlgh -c tO fella* the provisions of this agreement, Including the con st$uctlon Standard$, cast est'mate, and improvement security, and to -aulre 4ddustelets therelr If any substantial change has occurred during the term hereof 4 If the Developer falls or neglects to comply with the provisions of this agreement, the City shalt have their at any tine to Cause said provisions to be met by any amlui @rani. and thereupon recover from the Developer and /or his surety the fu" cost and eapen•e Incurred. S. The Developer shall provide metered water Service to Rich lot of Said development In accordance with the regulations, ScAWuIas. and fees of the Cucamonga County Water Olstrlct 6 The Developer Shall be responsible for replacement, relocation, or remora of any component of any 4rrlgatl0n water 19 Stan In COnflitt With Construction Of required Improvements to te sltlsfattIOA of the City Engineer and the owner of such *tier cysts@. 79 .I. 0 7 Inprdv ewe net vepuI red to be constructed I h a 11 confer. to the Standard Orawingf and Standard Specif lcwtlons of th• Clty, and to the Ioororesont Ilan approved Dy and an file In the office of the City Englneer. Said tmprovements are tabulated on tilt Can struCtlan and Band Estimate, hereby incorporated an page 6 hereof, A taken fros the Imprevcsent plans listed thereon by number. The Developer shalt alto be responsible COnitrue- tlon of " trans loons or other Incidental mark bey- the tract beundartes as needed for safety and proper surface drainage Errors or O"191lons discovered during constructen shall Oe Corrected upon the direction of the City Engineer Revised work due to sold plan modifications than be Covered by ens Provisions plannned ed worts. of n agreement and secured by the Surety Covering the original S. Construction permits Shall be obtained by the Developer from the office of the City Engineer prior to Start work; all regulations listed thereon Shall be observed, Rich attenttpn given to safety procedures, control of dust. noise, or other nuisance to the area, and to proper notification of Public utilittel and City DDPertmants falturk to comply with this Action Shall be subject to ills Densities provided therefor 9. The Developer shalt be responsible for removal of all loose rock% and other debris from public rights -of -way within at adjoining laid development resulting from work relative to Paid development 10. Work done within existing street, 11 ati be diligently pursued to completion; the City Shall have the rlght to Complete any and all wort in Lha event of unjustified delay In Cosplat ion, and tr rkca ver all cost end eWUfe Incurred from tha Devehpor wha /or his contractor by any lawful means 11 Lid Develops, $halt at all times f a chimp dedica- tion of the street$ and easements In Sold subidlvi$ion, up to the CC 11 2and acceptance of said work or Improvement by said Cut) Council, give good and adequate warring to the traveling public of reek and every dangerous condition existent In said Sire at or easement, and will protect ills traveling public from such dsfeetIVa or eangarauS Conditiu., Until the completiom of all improvements, herein -nCorpareted on Imps 6 , to he Performed. UCh of Sou• street, not accepted as LDroreeants shall be under Ina charge of said Developer Said Developer may close all or a portion Of any street subject to the conditions Contained In t tempo vary street closure Permit, issued Dy the City Englnver, whenever it It necessary to protect the Public aurinq to be made the Construction of the leproveeentl herein agreed 12 Parkway bus required to be planted Shall be dlinted by the Developer after other ImprOrememt mark, grading and Cleanup has been cospl as' d Iluting shall be done as provided by Ordinance in accordance with the planting diagram apormeed by the City Community Oevelopsent Director The Developer %hall be responsible for maintaining all tree[ planted in good health until the end of the G malntCnance period, or for one year eater planting, walcuaranteh ed later. ever ed 11. The Developer is ruDonsible for meeting all condl- Clans established by the City pursuant to the Subdivision eaD Act, City Ordlancu, and this agreement for the development, ud o -2- •ald cash deposit may be refunded at goon as prop• duet permits after receipt by the City of the centerline tie notes end written assurance of payment In full free the engineer or surveyor D Thf .egYlred bonds and the principal amounts the•eof are set forth on page 6 of this agreement 16 T;.e Developer warrants that the Improvements described In this &areuent shall be free from defects In mate Isis and wOraganshlp Any and all portions of the Improve • mints Pound to of defective within one (1) year follo.1nq the data On which the Improvements gre accepted by the City shall be rapelred or reolaced ty Oevo:oper free of all charges to the City The De.alOPer small furnish a maintenance guarantee security In a Sum &goal to ten percent (10%) of the construction esttmato or 5200.00 whichever Is yyrester, to Secore the faithful Porto rmance of Oerfioper•s obi lgattees as described In this tiara• graph The maintenance guarantee security shall also secure the -7- Iar the 04intenancr of all improvements constructed thereunder until the Improvement It accepted for maintenance by the City, and no Improvement Security provided harein.Ith Shall be released hefo rf such acceptance unlafs otMrW Se provided and authorited by the City Coulcll of the Cl ty le This agreement Shalt not terelnate until the aaintanarct guarantee Security hereinafter described has been rN eased by the City. Or until a new agreement tagether with the rg0ulred Improvement Security has been submitted to the City by a successor to the Parole named, and by resolution of the City COUncfl sou has page accepted, and this agreement and the imer0.ement security therefor has been releefed is The Ioproy Ment security to be furnished by the Developer wlth this agreement shall consist 0f the following and shall be In a fore acceptable by the City Attorney: A To secure faithful performance of this agreement I A bond or bonds by one or more duly authorized corporate sureties In the farm end content specified by Government Code Section 66499,1 2 IOPr0lemint Security Instrument In the fore and content Specified by the City Attorney, 7 A deposit with the City of money Or negotiable Sonds of the Rind approved for securing deposits of public manias B To secure laborers and miterialmen: 1 A bond or bonds by one or more duty authorized corporate sureties In the fora and content sOeclflod by Government Code Section 6609• I 2 An Improvement Security Instrument In the for, and content Specified by the City Attorney 7 A deposit with City of money or negotiable bonds of the tied approved for recur in C A cash deposit with the City to guarantee oayment by the Devela per to the engineer or Surveyor whose certificate appears upon the final Nap for the Stole, of all boundary, lot corner, and street center Ina 110nuethts and for furnishing centerline tie notes to the City the amount of the deposit may be any amount Certified by the engineer or surveyor as cceptable payment In full; or. If no .slue is Submitted, the lath bond Shall be as shown on the Construction and Bond Estimate contained he all, •ald cash deposit may be refunded at goon as prop• duet permits after receipt by the City of the centerline tie notes end written assurance of payment In full free the engineer or surveyor D Thf .egYlred bonds and the principal amounts the•eof are set forth on page 6 of this agreement 16 T;.e Developer warrants that the Improvements described In this &areuent shall be free from defects In mate Isis and wOraganshlp Any and all portions of the Improve • mints Pound to of defective within one (1) year follo.1nq the data On which the Improvements gre accepted by the City shall be rapelred or reolaced ty Oevo:oper free of all charges to the City The De.alOPer small furnish a maintenance guarantee security In a Sum &goal to ten percent (10%) of the construction esttmato or 5200.00 whichever Is yyrester, to Secore the faithful Porto rmance of Oerfioper•s obi lgattees as described In this tiara• graph The maintenance guarantee security shall also secure the -7- faithful Performance by the Developer of any obligation of the OMeloper to do Specified mark with rasoact to any perxway malnt9nl net lssmaseent district anre the IgOrovaa toff hart 0 «n arteoted and i maintenance 9uarante0 security has been accepted by the City. the other Im PrOrelenL security described In this agreement may be released provided that such release Is Otherwtte 4uthorizcl by the Subdivision Map Act and any applicable City Ordinance 17. That the Developer shall take out and maintain such public liability and property damage Insurance as shall protect him and any contractor or subcontractor OerfOraing work covered by this agreement from claims for property pamageS which may !rise tecause of the nature of the work or frog Goarstions under this agreement, whether such o94rati Ons be by himself or by any contractor or subcontractor, or anyone directly or indirectly e +Played by Said 04120411, ::though such damages be not caused by the negligence of the DIvoloper or any Contractor or eubcontrattar Or anyone too lOye6 by said persons The Public Ifabilit) and Property damage insurance shall list the City as additonel Insured and directly protect the City, its officers, agents and emplOYets, e2 mall as the Developer. his contractors and his subcontractors, and ill insurance policies issu<d he rounder shall so state The minimum amounts of such insurance shall be as follows: A Contractor's I180111tr Insurance Prortdfny bodily Injury Or death liability limits of no. less the $300,000 for each person and $1,000,000 for each accident or Occurrence, and Prop<rtY damage liabll- 1tY limits of not less than $100,000 for each acct- • dent or occurrence with an a gregate limit of $250.000 for claims which may arise Iran the *air'. dons of ina Developer in the Performance of the work herein provided !. Automobile liability Insurance covering all Vehicles used In the performance of this agreement Providing bodily tntury liability 1Wts of not less than S200,000 for each Person and 5700,000 for each accident or occurrence, and Property damage liability limits of not less than $50.000 far ea U. a eel dent Or occurrence, with an aggregate of nut 1951 than 5100,000 which may arise frog the aPlra- tla 0/ the Orrelcper or his Contractor In Ptv /arming the work Provided for he..In. is rho' beforo the ex<Cutlon Of this agreement, the Devel O•.er shall file with the City a Certificate 11 Certificates if tnsurc* t covering the specified Insurance Each such certificate shall bear an endorsement precluding the canCe118tiOnf. or reduction 11 Coverage tie any onIILY eriaentef by such certificate, belnre the axpintlan of thirty @Vt days after the he shall hire received nOtlfloatlon by registered mail from the Insurance carrier, As evidence of understanding the provisions contained herein, and of Intent t0 Comply with tame, the Subdivider has submittad the fain Owing described lmprovement security, and has affixed his Sig Mr. hereto: 0� • FAITHFUL PERFORMANCE Type: Prsnrloal Amount: $100,000.00 Name and address of surety: MATERIAL AND LABOR PAYMENT Type: Princtpal Amount: S 50,000 00 Name and address of surety: CASH DEPOSIT NONUMENTATION Type: Princtoal Aeount: S 1,250.00 Baca and address of surety: RAINTEGANCE GUARANTEE Type: Princtpal Aeount: Name And address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parttu hereto have caused these prof colt to to duly executed and aotn0.ladpod .it% all forX11tles reouired 0y law an the data, at forth Opoaflte their signatures Date _/1.6.95 0y �K-Q �j,� Developer Sign ure �,/1 L91) �TS r n e .0 W to to Oat* ..HraIRS by �(fi �L- .pe.a+oFer — na ure �Ay Qw.' e.p lot ? Wt W xEEtJt stare Or 3124Ibt, r n rte— TCal% Accepted City a/ AAncho Cucamonga, Callforn q A Municipal ,,rporatia. BY: mays Attest: City Clort Approved: 0 DEVELOPER'S SIGNATURE MUST BE NOTARISED -S- 83 oumilrt um ur Rm"m eL mN % ItI4 ' IO;l1EERMr, 11111110 4400 l.f. E=UMMt PIPJIIT fEE SCIUWLE 7.25 For Iepraveaent• TA.acrr qM 1, 111 L.F Cite, :•119 toff T: ^� /Ile Ai mm9r. unu CIt7 Vudnq _910 • _ 5.50 RUIE: Wet mt imlcde current fee for Tt L.f srltloq penit or pattaeat deposits 4.50 oumilrt Unit ItI4 NICE 1tlW41' _ 4400 l.f. I.C.C. curb - lie, C.F 24• gutter 7.25 M. 14is L.F I.C.C. c b - E' C.F. 24• gutter 6.00 -� EA. l.f I.C.L. Curb mIP 5.50 Cutlet stro-two, Bid 1707 30900 Tt L.f A.C. beu 4.50 --r= nTS- S.9 4• P.C.C. sideatlt 1.75 -Tn -- -T= S.F. wise approach 2.50 _771= %-uT - S.F. B• I.C.C. mss gutter (Inc. curb) 1.40 v T6uS C.T Street e+cautlm 1.50 J� . ' v C.T Ivgartcd ea0nducmt I.90 loo.nno MIINEIfAIlU1 SURETj (CASII) A240..QrZ LABOR MO MURIAL C07D Mz) r ode• k � S.F pnPafal:m of suba-ade 0.15 Chapter$ 1 -5, a cash restoratlm/dallmatim delimit shall ±Mil- S.F. Crushed Ogg. bate (per Inn nick) O.Wa4' Sm9 107 A.C. over 1700 tons) 21.00 T7ai Ton A.C. 901 to 1]00 roof) 75.00 un0 roll A.C. SW to 9W tans) 45.00 �'- TOM A.C. uMer SW tons) 60.00 5.F A.C. I" nick) 0.55 S.f. Patch A.C. (trench) 675 edw S.F la thick A.C. overlay 0.10 n5u T EA. Adjust smr eWgle to grade 250.00 !so EA. Adjat serer clean out to grade 150.00 -'- (A. Adjust rater valves to grade 75.00 11s T EA. Streit lights 1000.00 4uvu -7C- Lr $."lead,% (Imersec. 5500 e,ln) 600 Suv uTi' L.F 2 A 4a red.aad header 11.75 1104 AML -Tor- S.F Aeaov41 of A.C. ailment O.7S e4 LF Rsaval of P.C.C. curb 7.70 Z7� L.F Ram of A.C. here, 1.00 ^ EA. Street sic. 200.00 ^ EA. R.Lectore and pmts 15.00 ^ LP. C. t. block nil 25.00 I.P. RelaWm all 20.00 Imm AVVM&te twe T 00 ^ C.Y Can.Tete strurtwn 42LOO T LS Be... ealsWq sea 9000.00 1Quo Tir - EA. DUL&U traffic atector loops STS.OB 4400 EA. local depieaslm a' 300.00 - M. Loeal aiesim lr 1000.00 ^ EA. Jumllm structure 5000.00 -� EA. Cutlet sttu•two, Bid $Spa 1390.00 EA. Cutlet stro-two, Bid 1707 30900 EA. Guard pasta 40.00 LP. Gm•r. Wei (wood) Mco -� LP. Sareut 7.00 EA Nad.aO as' .114) 0000.00 Lf Rad.oad "ader I TS -� I.P. LaxSOpLV S Ir.'pdm 7.73 IS sm7m acnn IEOIEEIRIIO IEAICTI01 FEE -0. LZS.Oe. SUB TOTAL eT.ne RESTOUtTIONnILIAEATIOII CASH r.000.ro [OntinOfJltf (0575113!47 Iia$T "DEPOSIT- IRULMABLE) , FAITIBIL FERFOtAMCE BOAD (10a%) loo.nno MIINEIfAIlU1 SURETj (CASII) A240..QrZ LABOR MO MURIAL C07D Mz) r ode• k � 30 uva ."maut to City of Rancho Cnowc rga mmlclpal Cara, Title I. mapter I.W. adaptIng Sm Isernardim C"ty Cade floes, Chapter$ 1 -5, a cash restoratlm/dallmatim delimit shall be Aada Pr10r to Isseaute of m Englln"Ing Cmstmtlm remit. ' �^ RtrlfN I /of 91/ WHEREAS, the City Council of the City of Rancho Cucae„nga, Stapc pf California, and LBI Deva to ment Com an (hereinafter designated as 'prior pal have entered into an agreement whereby principal agrees to install and comyleta certain designated public improvements, which said agreement dated and identified as project Tract No. 12922 is hereby referred to and made a part hereof; and, WHEREAS, said principal iq required under the terms of said agree- ment to furnish a bond for the faithful performance of said •greament. NOW, THEREFORE, we the principal and Fxdelity a %e it Co, of Maryland as surety, are held and firmly bound unto the C ty of Rancho Cucamonga (hereinafter called "City'), in the penal sue of --__ $I- 9�OO,OpO 114Wfful awaay of the On t4A States, for the paywnt of vhteh sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal. his or its heirs, executors, adminstrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and pa -form the covenant*, conditions and provisions in the said agreement and any alteration thereof trade as therein provided, on his or their part, to be kept and performed at the time and in the canner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees. as thereia stipulated, then this obligation shall ,• become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured uareby and In addition to the face amount specified therefor. thare shall be included coats and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed &s coats and iocluded in any judgment rendered. The surety hereby stipulates and &areas that no change, extension of time, alteration or addition to the terns of the agreement or to the work to be performed thereunder or the specifications accompanying the sane shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time. alter- ation or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, oa Noieober 25, 1905 J,A vrlo om Fidelity A De omit Co. of Mar lend Print pal Suraty Go S gnatute) (Attorney -In -Fact Randal S: Turner Rim LABOR AND HATERIALMI BOND ,. WHEREAS, the City Council of the City o! N,CCbo Cucamonga, Spa o! ,... .r _..: California, and LET Develo me r om a . whereby Principal des Boated es pr ne pal have entered into an agreement . whereby principal agrees to install and complete cocain designated Public improvements, which aid all and cs plead and identified as protect said No. 12922 is here y tef,rred co and made a part heron!; and WHEREAS, under the tar" of amid agreement, principal in required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure s Section 082) which of Title 15 Civil (Commencing with of California. NOW THEREFO;.E, &aid principal lend the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material man and other persons employed in the performance of Cho aforesaid egreamont and referred to in the Aforesaid Code of Civil Procedure in the sum of F�_Thousand and unt,nn_ —___ turntaned or labor cArew¢ o any kind, or for mounts duseundar the Unemployment Insurance Act with respect to such work or labor, that aid curdy will pay the soma im an amount not exceeding the amount harainabove sat forth, and also in case suit is brought upon this bond wilt pay in addition to the fact amount thereof, costs And reasonable expenses end fees, including reasonable accorney'c feu, incurred by City In successfully eneocciog such obligation, to be awarded and fixed by the courts and to be tend as COAU and to be included in the Judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure co the banefit of any and all parsons, companies and corporations entitled to file claims unner Title 15 (eoameoeiog with Section 3082) Of Part 4 of Division 3 of the Civil Code, 90 u to give a right of action to them or their assigns in any suit, brought upon thin bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hecaby stipulates and agrees that no Change, axtsasion of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligetions on this bond, and it does hereby waive notice of any such change, extusion, alteration or addition. IN WITNESS WHEREOF, this instrument has boon duly executed by the principal and surety above named, oo November 25,1985 LDI Development Company Fidelity 4 Deposit Co. of Macyla¢ Pr ¢c (Surety S gnature Q/ AtCOrnaY'1¢ -FacC .. .J QtP awndwl C Tn wnww ;(auntnawn�,s� 8s-3ao JllGiIIDa dir ate =Tff ®RpRM W THE MTV OF RANCHO CAL * M- k AVFPADZIG" IMPU3l EM AMEDENi„ SMRQSM. SM T7ML :YAP OF TRH M 12922 sutbnfC.md� t e 7Sdsr ry mt'Tract lti 17522. c resisting of 1 lot, LZIU a Tom,. 1ne. Subdfmide -. located between Lemon and im 7t � � Nis% been sdbmitteC to the City of Tile S+t9dl3Nf11mn dfatn A4Y1 mf pyeaLi ,.yf y�� y� �,ynd i� r tv as provided in '� dd' @nd;hems tto. 28 of Sail dd1:,y; ,and ormliance with the QMEFS. aaanvssL to tltB Mubvwn's rtablished as prerequisite to �Ip of Ser SracI said Subdivider has offered the cnty mDrt slh¢Ratl HrerytirlSh It approval and execution by said nq�: andt S.uff3cttent II Security, end submits for *h1D mf &r*M 'Ver del4catlon for public use tie streets Wa nD � Om �E. M mf �11ED ty She City Council of the City of arm12. as ffcllo� r' V*W1 Se" 3UMM0119+1t agreement to and the same is a-MPrMM30 MW UM tl en S am tefmm of y dthe ity Clek Is a wAturflrgl Sa &=rst tharesa and 2_ 74= said 3'Wr`ov-0ap,rt Security 9s accepted as good Std SdFMilriient. T.Aje= to ,apartwal as to farm and =Mewd thereof t! The (City Atbarney; and r"4'mt She Oftrs for 1Wisntion and the final Map *Df' MdMV =We be =rp MMA and the City Clerk is atJimrflLHd So ems She certificate thereon on WMDT dff so" Tfty- OMEE..morNMM, amd A$IF'TTM Shis 4th day of December. 1985. ;UzL- lau: TEMW- apL 1- �r 71 s 0 CITY OF RANCHO CCCA.NIO \GA sic STAFF RUORT tl '1�;` 4` � t LATE: Decer4er 4, 1985 �v-- T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract No. 12914 located on the northeast corner of Archibald and Highland Avenues submitted by First Nationwide Network Mortgage Company, a California Corporation. Tract No. 12914 was approve) by the Planning Commission an May 8, 1985, for the division of 9.75 acres into 78 lots to the Low - Medium Development District located on the northeast corner of Archibald and Highland Avenues. The Developer, First Nationwide Network Mortgage Company, a California Corporation, is submitting an agreement and security to guarantee the construction of the off -site Improvements in the following amounts: Faithful Performance Bond: $326,000.00 Labo^ and Material Bond: 5163,000.00 Letters of approval hava been received from the high school and elementary school districts and Cucamonga County Water District. C.L. 6 R s have also been approved by the City Attorney. RECOM!il"T1on` It is recommended that the City Council adopt the attached resolution approving Tract No. 12 >14, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respectfully subjnitttted, •� LBB:LB. a Attachments ,k al CITY OF RANCHO rOr HONDA IMPROVEMENT AGREEMENT FOR TO 12914 KNOW ALL MEN BY THESE PRESE,TS: The. this sgreement is 4440 and entered Into. In COnf O /-Ante with the provisions of the Subdivision Map Act Of the state of California, too Of t., Applicable Ordinances of the City of Rancho Cur;.omgo, California, a municipal COf POretlon, by And tat.een s,ld Citye heralnafte/ rote-red to at the Clt), and First NAttOMtdr I `n k MarsaW CO. a California Corporation • ne ralna t—i er rTr� tl p ay the ere IA_ NITNESSETH THAT, WHEREAS, tats Developer desire$ to develop Certain re be Property in Said City as shown on the Conditionally approved So bdlvlslon Known as Tract No. 12914 ; and WHEREAS, said City has establianed certain requirements to be Net by %aid 069410Par as prerequisite to approval of said subdivision generally loCatad at the ndrthaast Comer of Archibald and Highland NOW, THEREFCAE, It It 4sreby agreed by said City and by Said Developer as fo'lowt: 1 The Developer heresy agrees to construct at OnSIGOIres atpt.se all Improvements described on Page 6 hope. Of .Itnln 1,2114 months froe the efeectl,. data he.AO. 2 This 49reement shall be effective pn the date of the .r•olution of the Council of Said City appro nn9 this agrs meant. This agreement shalt be in default an the day follow- ing the first anelve^sary data of said approval unless to exan- sidn of $lea has been granted ty said City as hereinafter provid. ad I T;,* OeveiuGar car requAst an extension of tied to cceplete tnt terms hereof "Ch request shall be $pb,itted to the City In .riling not lost then 30 days before the expiration date her a of, and shalt contain a statement of circumstances Once tsttattn9 the ext2n 1tOM of time The City shalt hard the right to review the provisions of this agreement. Including the construction standards, cost estimate, and imor,5emomt utmrtty, l l` and to require adjustments therein it any substantial ch 192 has �tf octal red during the top hereof I 4 If the Developer to Is or neglects to Co.p1) with the Pro'ISio.s or this agreement, the City shall here the rtgqrat at any tied to riu Se said provisions to be met by any l.XUt l clans. and thereupon raconr from the Developer an4 1 or net surety the roll cost and expense incurred S The Developer shall provide Metaled utter service to each let of said development In accordance with the regulations. sell a dui al, and fees of the Cucamonga rotnt) Water District 6 The Developer shalt bt responsible for replacement, relocation or removal of any component of any irrigation water System in co,flict with construction of requwed I4Droveoents to the satisfaction of the City Engineer and the Owner of such water system. I• os So. Sepulveda 0150. Los Mgelhs, G 90046 C 21110"Wo... tracts and Copsa/Ind. D.M. 9 7 LA 1 leorovementt •eo.,,,d to be CCn%tl.Cttd shall coif Jrw to the Standard Cravings and Standard f;ocif'4aptonl Of two City Ind to tht ln0rav1temt slam approved by and an file In the office of the City Ehglneer Sato loprov'tlnls a,e tabulated an the c4estructian and Band Estltate hereby Incorporated on Page 6 hereof, at taken from the ilprovinemt plans listed thtraan by Pumper The Devol.g0• %mill also )e r6SVo.sIbIo far comltraC. tion Of any transitions or other intlaental +Olt beyond the tract boundaries at ngded for Safety and Proper surface drainage Errors ar ommstsion% dItCG:e•ed during canstruetim shall be Cafroetld upon the direction of the City Engintle pavltej work due to 3614 plan modifications shall be covered by the e- CHSI)n; Of this agreement and secured by the surety Covering the origlo,' Planned w01%% 6 Construction permits shell be Obtained by the Developer from the office of the City Engineer prior to Start of work; U I regulations 1l sled thereon Shalt be observed, with Mosaic" given to Safety procedural, control of dust noise, or Otter nuisance to the area, and to proper notification of Public utilities one City Departments Failure to coca , mill this f Qtion mall be subject to the Penalties provided therefor 9 The Developer Shall be responsible for go*, 1 of all l0eve racks and other doer H frcm public rIgmtl -al -may within or adjain'wg fait sevelopment resulting from war. relative to sold dove Uoment 10 York done within @fitting streets shall he dll,gemtll pursued to completion the City .h4I1 hawe the r gh• to c0'1Plete pry and all mafk In the event Of unjust Vied delay 9h completion one to recover ill Silas and etoense Inca, -ed from the 01,41000, and /or his contractor by env lamtul m36ms 11 • '+ Developer Shall at all times following dediea- "On Of the %t•llte and 0nia-tt n Said sabldlvitlom, up t0 the COmPIltIOn and acceptance of said wart O, Ie P,avinemt by said City Council 919• good and adequate warning to the treveling Public a. each and every dangerous condition ea lstent In hid Street or olsodent, and will protect the traveling public from such do fective Of dangerous .Ondltions Until the completion or ell ioo,G sments, herein Incorporated on as 6 , t0 be pVf+ +ed. eo.th of laid ltratts not accented as Lprp +b em01 shall an under the charge )f sold Developer Said Developer may Or,e ass Or J 00rt104 Of any street subject t0 the conditions e)ne41med in a temporary street closure permit, Ii{an0 j 1 by the Citv tmgl"Coe, whenever it is mocrvlary to protect the , Public our ng the COnstructia, of the Impra,ement% hgreln agreed to be sal; 11 Parkray tress raouir•d t0 be PI4mteJ Shall be planted by thv 01,41Cpv after other ImP10vtnemt mart, grading A cltlhap hat been tompl4ted Planting Shall be done as provided by Ordinance I, accordance with the Planeing diagram aOPrared by tai City Caemumity Development Director The DC10109er shall be responsible for maintaining all trees planted In goad health umt11 the end of the galrmteed maihtenanct p =Had, oe for one year after planting, rhieng,wr it late, 17 The Do- lapel Is responsible for meeting all tort' dare established by the City pursuant t0 the Subdtvllia, -q- p� �10 0 Yap Act, City Ordtancee 4.4 tn,t tgrtteent fir the devoid0'm ant, and for the maintenance pf all laproverenrs Cunstracted thereunder until the iWOVeMant Is ACC tot ad for ea l at enanCe by ;eve Cl ry, .a0 n0 to Drdget•at 1.1urlty prpt,ded hereinwlth shall be rtlta u0 Oefare such acceptAnce unless otherwise provided and autnorsseo by the City Council or the City 14 This agreement shall not ttrminait until the Maintenance guarantee security 4g",eefttr 4eSCrlbed has been rdleated by tilt City, or until A no. agreement together fell the required tOprovtelnt se C.rity has been 11U.Itttd to the City by A successor to the heroin named and by "Solution Of tilt City CaunCll Saxe nag been accepted, and thls agrgtt4st and the Improvement security therefor has been retested is Tea Itproantent security to be furnlshed by tee Devetoeer +Ito cols agreement shall Consist of tae following and see t It Da in a rove acceptable by the City Attorney: A To fecure faithful perforegmte of this eeref.eht 1 A Dead or bends o7 oat or more duly Swtholl:ed Corporate sureties In the form and c0.ittnt plfisd by government Code Sec;Inn 46499 1 z 6a AM Improvement Security Instrurent In the fore and CC n tent specified by the City A:torae, 7. A depot it - a City Of money or ncvottible bonds of the Rind app -fired for securing deP,sits a/ public me as 6 To secure laborers and •StartAlmen: 1 A bon] or bonds by one or nave duly aLtnorl:ed Corporate sureties In the form and Content specified by GovVApant Code Section 66499 1 2 wa Improvement Security Instrument In the form and Content speClfled by the C'ty Attorney S A de0aslt with City of money or negotiable 'lends O tilt ttnd approved for securlag C A c• , 4e00%lt with the City to guarantee payment by t e revticptr to the engineer or surveyor whose Corti'IC4le appears got, the final Hip for the site tnf of 4.1 boundary, lot corner, and street censer Ras moaumtntS end eor furnishing ctnterlint ti. notes to the City Tole amount of the dcpastt may be any amount certified by the tng sear OF surveyor as acceptable pageant In lull I or. If no vague Is submitted, the Cash bond s1a11 be as shown On the Construction and Cold Estimate contained 1 herein. I {� Said cash deposit may be refunded ee soon as price• i dure permits after reCelpt sy the City of the ctaterllle tit notes and written assurance of ' payment In full Iron the engineer or surveyor, 0. The required bonds and the principal amounts thereof art set forth on page 6 of this agreement 1G. The Developer warrants that the loprOvemuts deserlbed In this agreement shall to free flow dafucts In uteri ass and wortmamgnto Any and all portions of the improve. tants found to be defective within one (1) year following the data an which the imprCYeetnts are accepted by tht City Shall be rapaIred Or replaced by Developer free of all charges to the City The Developer shall furnish a mtlntenante guarantee Security In a sun equal to ten percent (10%) of the construction AS 1 1 5 i Ostia ate or Siaa a0, whlcheler is greater to secure the faltmfal performance Of Developer s aellgatlOnS !s described In this ,all. graph The -41 It on ante guarantee secure is the 11 also seCV,* tme fa thful pelf Ormanct by the Developer a• any Obllgltian Of the )evtIODer to do specified work with respect to any parkway +alntena^tz aslessment district Dace the im Drovemcntf have been accepted and a masntene n -a guarantee Security haS bean accepted by .ht City, the other SM0101e4amt Security described In this agreement may be f01bted pr OVlded the, lath release it Otherwise Autherltea by the Svbdlvl %10h 'lap act Ina any appllC /Ole City 0 r inancs. That the Develop *f % "All take out and maintain such public Jill 0111 ty and proper[, damage Pisurance aS Shall protect b10 and any cOneractOr Of subcontractor pertaraing wart covered Oy this agreement from ci alms for property !&.ages which 'Ay arise because of the noture of the wart or from operations unde- .hfi agferleht whether futn Operations be by himself av by day contractor Or subcontractor, 01 anyone ONectIy or Indirectly employed by said persons, even though such damages be not caused by the real lgenc* cf the Developer Or any contractor or f u0contN Cior Of anlOi.e N :IOY*d by said persons The Public I to I, JAY and property damage insurance Shall list in, City at additpnn Insured and directly protect the City, its officers, ,Sorts and employees, as hell as the Developer, his contractors and hit subcontractors, in all Insurance pellets% Issued hereunder shall So State The minimum amounts of such Insurance shall be at futlows: A Contractor A liability Ihturan0e irovldlnq bodii Injury or death "Ability limits of act less in� 5700,000 ror each person and $1,000 003 fill each accident or occurrence, area property damage 110111• itl lyrist o/ not lass to an SIGO.000 far each acct. den: Or occurrence with An aggregate limit of 5250,000 for Claims which may arise f -0m he ape -a. tight Of the Oavtlope- In the performance of the wart herein provided B Automobile liability Insurance cavering all vehicles used In the performance of this agreement providing bodily Injury liability limits Of not less than $200,000 for each person and S700,000 for each accident Or Occurrence, and property damage 11,ablllty limits of not lets than $50,000 for each accident or occurrence, with an aggregate of not less than 5100.000 a,,on may arise from the opera- I tuns Of the Dow.,o.ar pr hit Contractor to pe- forming the wort provided for horrlh. 10. That here,* the execution of this agreelaeht. the Developer Shall file with the City a certificate Or Certificates o/ insurance covering the specified Insurance Each such car fit ate sill 11 bur an endorsement precluding the Cancellations, or reduction In cavcrage of any policy evidences bl Such Certificate, before the expiration of thirty (10) days of t or the City shall have rece Ned notification by registered Nil from the insurance Carrier As evidence Of understanding the Provisions contained herein, .,d Of letant t0 <dmply wits Sam *, the Subdivider hat submitted the following described imDfOvtm*mt security, and has Mixed hit I Ignature hereto: .a. 0 11 FAITHFUL PERIORMANCE Typc Printlpal 4m01.nt 5326.000.00 Mme and a"rest of Surety MATERIAL AMC LABOR PAYMENT Type Amount: 3163.000.40 Marne and eddress a• tu•el, CASH DEPOSIT MONUMEBTATIOR Type Principal 4aount S S.I00.00 Mme and address of surety MAINTENANCE GOARARTEE Type: Principal Amount: Name and address of Surety: TO BE POSTED PRIOR TL ACCEPTANCE BY THE CITY IN WITNESS HEREOF• the tallies hereto have Caused these present to be duly eaecuted and Ick.o.ledped .tth all • formal ties required Cy It. on the date% tat forth opposite their s Sanaturef COAP0"I'll ACMMO•MIJJOIABraT mmmnt nnaBeaeeaf•�ei>r dlaaa tALIroRrTA � O,eva a "4 s»unha A9 AISCBL'S Maureen Bu rxuSl W WwaaMJ1101aT yqa. Penaead eOpavq O)Pics"Sttl. Don Bas10 and t Iial�d P. Lutvit cmraeHU 6PSmn0rys1m.n qre N ga�lr. la\ CO,wggneq Wpsur WaMW4camy erdsnp q ae WpMgiY4 .1C LLKgq Wm1i11M MgYnynl q$[. V1Ca President a VICm -Pr.. !d �, ovisWAWrpmaq .. nYnad geaCAq.'aadq qq, em W IaTe' <k»ttRYMM yATMtdd..pNM``+�+�`� .ea d) .uo.t w.r.ms.ew+nt�•h ®oeeivaY Attest: City ar Approved: DEVELOPER'S SIGNATURE MUST BE NOTARISED S. E•T-r t CITY IN EAINCIC O [NE[RIRO OIVISIN1 [ICHOAC)"ENf PERMIT FEE SO IECtlf _ FN pnvcanent Tract No 12910 gate 'bvreer :a, :135 - b=.te aF r rile 9Tre.ce Ott D".1rg I gPT SOFT: DNS Mt 1ACTWe NTent fee for Wising "rest or par t aepatlts OUAITIR ME J14 Pa ICr tww.nT P.0 C curs - 12• C.F 24• gaiter P.C.C. can - 8- C.F 24. 94tter P.C.C. curb Orel' A.C. bet'+ A• P.C.C. Slatuala Ortre abprelm 8' P.C.C. crass gutter (1PC. curb) Street eatavattab Inortea ptanaeent Pryparatlan a• tubgqrice [mince A" base IPer Inch thick) 1• thick A.C. awlay Adjust a_'ver tanna'e to great Adjust SFer Clam asst to grade Adjust water valves Ta grade Street lights 6arrlcades (latersec. SSOO Mtn) 2 a A• lqe O header Am.&] of A.C. all pent Rmval of P.C.:. curo 4am1l of A.C. bare Street sign R611CCtan anal Ones Concrete +tact all Retaining rail Aggregate east Concrete Structures la. ACP ( 000 0) 24• Rcr 1500 0 06• RCP 2000 D A8• Acv �[2C0 D Catch basin N • A- Catch basin Y • a. Catch beam Y [ 22' Local depreSSlon A- Ldc31 depression 12' Junction structure Outlet Structure, Ste 4506 Outlet Structure, Std owl GuaM pasts GUAM Panel (oed) Savcut RNhA11 (68• wing) Redwooe header LAMSCJOfnqq 6 Inlgatlon Roll Curb (P.C.C.) US 6.00 5.50 c.SO 3.75 2.57 1.30 1.50 1.50 0.15 0.01 25.00 5.00 45.00 60.00 0.5% 3.25 0.00 250.00 150.00 75.:0 1000.01 1.00 3 75 0.15 1.10 1.00 200.00 15.00 25.00 20.3 2.00 62!.00 29.01 1f 00 19.00 16.00 2000.[0 2900.00 6500.00 ;00.01 1000.00 5000.00 ISO:) 00 500.00 Ad.W 25.00 2.00 +000.00 1.15 2.25 2.50 P n 6P nnn. [.1 In PSf [ FRGINEEAING INSPECTION FEE SOB TOTAL Sal Abet •AESTORATIOanE REATICR CASK 7. (CRTINXICY COSTS (155) a DEPOSIT 11EfLL10t6 IJ) FAITRF1A PEAFOIMARCC BOND IIOOii tPA rnn m MO UKERTATICA SOAEFT (fASN) S,IOO.00 LA= AND RATCAIAL BUD (505) I[n hire m •PUnuant to City of Rancho Cvc~q& Municipal Code, Title 1, Chapter 1.08. xloptirg San Ier94r41tlo County Code titles. Chien 1.5, 4 cash restoratlon/dsliaatlm deposit shall Lt We prior to Issuance of Me En9��ng Construction PMMIt. Ll FAITHFUL PEOFORMANCE DODO WHEREAS, the City Couac,l of •he 'It, vmcno T c) +a +Pa State of Cellfornia dad 1st \atterwtde eitwit IbrtgJta Co.. LJI.I [ova (Mreln alter det,g ^•`ed as pr�nc�aa nave rnL V]0 into 1" 4grAtatht whereof principal aq.ceI to install J"a csaalote Certain designated Public Iso Ard r t +e.Is, • n,c% said 1g ^tt +e-t doted IIS ana tdHt,fled As project raft ha. I1g11 is nrtoy 'Rfa•,13 t0 %red made a pert ......';ana. WHEREAS, sold Principal it r,,u,,,, undo' [h, ;p +t of sold ogre Heat to furnish 4 bond •Or the f%,;nful p,,I,r..... of Sa•l agreement NOV THEIEFORE, .e the orlacipal ana h3e'^^n -v of surety. are held And firmly bA.Aa unto the &fir o3 I.Cao Cu Umpn qa Ihlre In A /ter Ca lied ' City.)._ In III 'that sum of Thy... Mr,d, d r 1. PIN ...._. 421110 Doll ors .a .a ..... n of one y of the united 31941 w xhe 0,yam.t A r .ntcn S.. .111 and truly H be moat we )Ina ourselves, our heirs, successors, @4tC.tor1 an] adat"1%{,yt*,S Jointly and severally, firmly by these present$ In& Condition of thIS obltgatlor I% turn that If the SOove bounded PrtnCIPal. his 0r its he S. a4,Cutarl 1131"Iler2to,s suite %sOf% Or 12191S. thall In all things stand to and mall• by ..I .ell Ind truly keep and perform the covenant%• conditions And Provisions In the sold agrAHMt and any Alteration thereof moat At therein provided. On his Or thtir Opt, to be tept and Performed at the time and In the manner thtrgin Specified and ,n All 14SP @CL$ according to their true tnt Ant and meaning, and pl shall IndHnify And save harmless City• Its of floert, apt Agents Ind ama,ttt, as therein stipulated• than this ooligation shall I@Coot null and void; Otha,.t%4. It shall be and remain to full force and affect As a part of the 01194tldn ttcu•ld north, and in i]]itton to the face amount %PICIPled therefor, there shall o• Included costs lad reds Ona1110 HPAhse$ and fees, tac LJd inu reason Abla titorney'% it incurred by city 111 sacce sslul ly anfarcln9 such Alligatton, 111 to be toted. a cost$ and included in any Judgment rendered. The surety hereby stlpulAttl and Agrees that no change, Iy extension of time. , teratl,, or audition to the terms of the ag,talent Or to the work t0 be PpfOrmtd thereunder or the $peel. '?,talent accompanying the same shall In en lie affect Its wigation$ an this bond, And It dots hereby valve notice of any such change. attention of tire, .1tttr4tion or Addition to the , ter&$ of [At 1(reUent or to the .Ora or t0 the specifications EM WITNESS WMF;EOf. this Instrument bas bun duly eatcuttd by the principal a d surety above named, on 259+ 4aveY.r I I Otta•dp. -a Lam& -ix. �.tq to .01 oDAr ure ty a 9nAtwre ttornay.IO.rac[ ®. v yZ .M .L aeram ?LEASE ATTACH POWER OF ATTORNEY TO ALL CORDS SIGNATURES MUST RE NOTARIZED 96- w •_fin So r. ' LABOR AND xnrtalntntn DanD - uHEIttS, the Cis, Council of the City of 0aneho C,CaibnOJ Stitt of California and tit ""'bide hetwra tbrtr'Ce Co. A Calif Carp tie re.naf.'a def,gnatgd et agrees al' care 'n urea .n Y an Celt event w.7hate Dr*IIc l agrees :o Install anJ :Deplete Certain OH Igoe tl0 pool ,c royor M•nts .h rt+ end igrnee lot, dated . 193 and Igentifled a Part he, tT AS project race is n420Y """"I to and mace er . ,n' a NxEgEAS. under the tells of said Igr11111t. 11I.C1143 1, required before entering upon the per ar,antt of the .art to Ii It a good and sufficient parent Pill] .,th Pe City or gancn0 CYCim Onys to Secure bat Clalnf to n.C'i rf lY -t +LI If 1'Ce In Tit ie 15 (Comenelnq with Section 3032) It sal• a of Otris,an 3 of the Civil COO@ of the State of California NON, 'HEREFORE Said principal I'd the undersigned of a <0r00r1tl SYret y. art held /Irmiy bound unto the CILy of Cant +o Cucaa on9a aria act cOntrattorf subcontractor,, laborers, .uterlalatn and other persons eedloye, in the 0,,I,r.aRce of the Aforesaid agreement and referred to In the aforesaid Code of C I, II Procedure in the Sum of One une,ed Slav -rn lee Thcuund-- .- dp1100 Dollars (516 .W 1, far matena S rurnitcep qr Cool Inareon 0f my tend, Ur or -punts out under the Unemployment Insurance Act with rHp.Ct to such wort ter labor that Said furtty will pay the iStt In an amount Hiss lateedi rig the amount haralnapdrp set forth, ono also In case suit Is Draught upon this bond .111 pay In addition to the fact amount thereof, costs and reasonable b7 City in to SUCCI$Sfu Illy including ni such obligation. Ito sbe I-Curled and fixed by the court, aria to be taud of Costs and to a• Ind luded +n the Judgment th ereln r.,a trod. It is hereby tapraftly stipulated and agreed that this pond Snell Inure to the benefit of any and all persons. Companies and corporations entitled t0 file Clalaf under Title IS (COmttnGlnq .It h Section 3082) Of Part 1 0f Oirlf On ] of th1 Clrll 0001. t0 ai to gut t right of action t0 enem or Still, Sff Igor In aril fYlt brought upon this pond Should the Condition of this bona be fully performed then this obligation shell become null and void, other.ISe It (fall be and remain In full forca and of /act The surety hereby stipulates and Ig. a of that no change, eatentlon Of tlat, """Tech 11 addition to the terms of fold igra emeet or Ut epr flCatlona lop Oaoenylnq the fast ,hall n I any Renner all act its obligations on this pond, and It does here- T 7 by va to notice of any such chars 9t. ettensipn, alteration or addition In YITICSS WHEREOF, this Instrumant Ste t Hai been only eatcated by Principal and surety abort Railed. on 25.h '0vrae- Ste 5 Devm'ao;.'a L-> act: Ca , re ]Der uraty i Oa ore %A e n -raft J ;J J ttorn�ti r� PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS i SIGNATURES BUST BE NOTARISED 9� s - t SUBOIlISIOX _ GTTING EE XO PERFORMANCE ' (SETTING OF FINAL MONUMENTS) City council City of 4anaho Cucamdnl+ P 0 goo 607 Rancho Cucamonga. California 91770 Gentle -en: pursuant to Chmter 4, Art.cle 9 Set,for 66:97 of the Gdrerneent on Edde, the underfignad hereby &great that all monuaeret se[ tone tM final map of To 1291& and furnished by the suddiri9 ✓•t eng•naer or surveyor on he a as specified In tree before npease rcomplete lengtanee's n9 teal ".aenb specified thereon to all in Section 66197, of the Government Code The undersigned hands you hertVith the sue of S tree mdnume his as a Cash deposit, said deposit to guarantee t at an or V ill be set and the no cee furnished is above orovtdad or surveyor m1ll before the dare specified and that the aeglneer be paid by the undersigned It Is further understood and agreed that In the event the the undersigned falls to CC -Pitt' t" above regQ1't,, 1v Vlehln If author tied to time specified, the City of Raneno Cucamonga them to be completed and Ina Cdeplete said requirements of cause be a Charge against fold Cash deposit, and the Cost thereof Is t0 City of aahaho Cucamonga if authorized to make the neca nary treetfer from said Cash deposit to tnt credit for the proper city fund 1% is further agreed that if the undlrflgned doe% not present evidence to the City Council that he he. 0414 the engineer or If wrrgpr for tM tool mg of the final eonusentS, and the of the notices or bed .n Sectmn en near or WSW' Ill pay 66197 of the Government Coda, the City shall p+y to said engineer or sirreyor, the Cash demos,; herein made If the cost Of completing Said requirements eace"S the amount of the diftertnce the cash deposit, the undersigned agrees to pay (70) days after receiving written statement from -'thin thirty the Cl IF of Poncho Cueatdega specifying the count of the ii� PIT /ef once be wean the cash deposit and the actual cost of Said f requirements Cordially. 1 T `^]Wa fiOhTGiGC NVPAftY . Subdivider Address - By, itei Vi" a o NPresident 22 19SS The depositor of record (for return of any portion of the cash deposit) Shall be 9000 3 Sm ulvada Olaeraswa Anaslro. CA 90045 James. J. Laepac1, eel Is 000 NOTE: TO BE SUBMITTED FOLLT FILLED OUT AND SIGNED ;. q7 • �J ■r RESOLUTION NO. Ell 94-968 19S — A RESOLUTION OF ThE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12914 WHEREAS, the Tentative Map of Tract No. 12914 consisting of 18 lots, submitted by First Nationwide Network Mortgage Company, a California Corporation, Subdivider, located on the northeast corner of Archibald and Highland Avenues has been submitted to the City of Rancho Cjca*o,rga by said Subdivider and approved by said City as provldee in the Subdivision Nap Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and approval o WHEREAS. Finameet Map the of saidiTractssaid aSubdivider has rofferede the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. dOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map u:ilneating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 4th day of December, 1985. AYES: NOES: ABSENT: on a sAil -1 Ray FF m 0 ,r — CITY OF RA.\CHO CI:CAMONGA STAFF REPORT DATE: Oeceabtr 4, 1985 TO: City Council and City Manager FROM: Lloyd S. Hubbs, City Engineer BV Linda Beek, Engineering Technician I CL CA %f,) 1977, SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract No. 12801 -2 located on the south side of Banyan Street, east of Carnelian submitted by The Deer Creek Company. Tract No. 12801 was approved by the Planning Commission on October 24, 1984, for the division of 32.3 acres into 96 lots in the Low Development District loc.'ed on the south side of Banyan Street, east of Carnelian. Tract No. 128Ca -2 is the second phase of this tract. The Developer, The Deer Creek Company, is submitting an agreement and security to guarar -n the -onstruction of the off -site improvements in the following amounts: Faithful Performance Bond: $220,000.00 Labor and Material Bond: $110.000.00 Letters of approval have been receivsd from the high school and elementary school districts and Cucamonga County Water District. REM"ENDATIDH It is recommended that the City Council adopt the attached resolution approving Tract No. 12801 -2, accepting said agreement and security aad authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Respg ctfully submi L :LB Attachments 99 • 7 CITY Of RANCHO CUCAMONGA IMPgOf EMENT AGREEMENT FOR TR 12601.2 XROW HER rode and rattled[ Into,6 Ins Conformanttt with T the pro•IS /Ohs IS 01 Subdivision Map Act of the Stale of Call /prn1A, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a ."",pat corbOratlOR. OY and between laid City, hereinafter referred to a the City, and The Deer Creek Cow, ere TOP f•. At rf lnTl ter referrto to As the MITNESSETH: THAT, wMEREAS, said D1v*IOper deslrat to develop cartel, real property In f:ld Clt) of shown on end Conditionally approved subdivision known as TR 12601.2 s and to be Not Hby Esaid Sold Develolper has is plate Olulslte tt0 tap W1,0111 lot NSS10 subdivision 1ontraliy locat.d On tN taut, tide o1 S."o batten Beryl And C.rNnan $tmts. ROwa THEREFORE, It Is hereby agreed ay said City and by said Oovelopar as follows: 1 The Do !taper hereby agrees to consbupt at Oeseiop A upense all fear Orementf dtocr'b*d an page 6 here. of with to tre eve months from the effective date hereof resolution of tt the Council shall f he said tr city n approving of this agreement. this agr ..... t shall Do fn default on the day follow- ing tat first onnlrorsaly data 01 ato approval unless as eeten- Sion of time her Otto granted by said Clty at hereinafter protla- ed Tracts And COemjlnd. P.M. 106 complete tht term Ohereofr N Suche request, shall, be s Oaltted to the City In writing ABC It is than 70 days before the eapigtlon late htr@of- and 'hall l ,tieStatement f ,the n tcessltatfog the a tons form of . ee City shall[ have right to review the provisions of thia agrteetnt. Including the COnstraCtion Staadar,s, cost estimate, end INproremoet security, and to require adjustments therein If 407 substantial ch aege has occurred during the term hereof a. I2 the Developer fails of neglects to peal! eft, the Provision$ of this comply ag,gtaent. the City Shall have at any tine to Cause said provisions to be met by Any 4.F,l means, and thereupon ..color fro. the Developer and /or his surety the 411 Cost And uoansf inCYrled S. The Oevmloptr Shall prerlde metered rater service to Na Ch lot of sold develOpme,t In ACCOrdanCe with the rfppulatfons, s Chedales, and foot of the Cucamonga County water Olstrlct. 6. %hill be oof IAey ratoutton, ore removal of any Iry lgatlantrate: system In Conflict with construction Of required f,prevemtats to ts7tt he sestls"Cu tfot of the City Engineer and tht owAor of seen water ® 1. OanO Are. M l c t RAnc (.�gA, CA 91770 Tracts And COemjlnd. P.M. 106 0 f leororelantl It Act l l it to be constructed d,a,i COto the Standard Driving% and Standard ipecificatlony IT Ent Clts, and to the t- 010-eee -t plan a,Proved by and on file In the Office of the City Engineer Sa.d i*provtmentf are tabulated On the COnSVOCt IO- and Bond Estimate, hereby Incorporated On Me 6 noted(, is tae- not the 'adroveunt plant Ilfttd then Oft by author tht 004100tr shall also be rtSpOnSible for Construc- tion of any transltldns Or other Inci.e +tal wort beyond the tract boundaries H needed for Safety sad proper $arises dfalpage irrors or oeelslloaf discovered du•Ing construct sn shall be corrected upon the direction of the City Engineer Revised wort clot to ilia clan modifications Shall to covered by the provisions Of this yrtdwent and secured by the surety covering the original P anwert vane a. Construction permits Shall to obtained by the Oaroicoer from Elie office of the C ty Engineer prior to start of wort; all regulations Iistad the-eon shall be observed, with aRentfnA given to safety pr*celurea, Control cf dust, Raise, or otter nuisance to the area, and to proper aOtlftcetion At public utilities and City Separttents failure to comply with this section shall be subject it the pinalttel provided therefor 9. The 0er11 t -u shalt be t1ponsibis for removal of all lease rd MS and Othv- debris fro* public rtchts- Of_w1y withls or adjotning said developweat resulting from work relative to said development. 10. Wort done wi ttin istlag streets shall be diligently pursued .a cpmil2t2n; the City shall have the right to complete any and all rart in the event of unjustified Islay In CORD I•tlon, end to •eoover all cost and ea0*ns• Incirred fro* the DevalpPer tad /Or his contractor by any lawful means 11 Said 31- 010POI she I at all -fees following dedica- tion of the streets and easement. 'a said subidtvislon. up to tee COAPI *tio- and acceptance of Said wort or Improvement by sail C1ty Council- Pte* good and adequate warning to the VartllnCC publ lC of 0a and every dangerous condltt On tafttent In id I•' Streot or easement. and will grotto chi traveling public free such defective or dangerous conditions 04til the coraletfod of all feoravestnts. herein Incorporated on Page m to be performed, each of said streets not accept.* of I0Pr)rentnts 21,111 be under the charge of said Developer Said D*velaear may close all or a portion of any street subject to the conditloos contained In a tewrorary Israel closure Permit. issued by the City In favor, whenever It it nice nary to protect the Public during tAhe construction of the improvements herein agreed to III wide 12 Partway trees required to to planted shalt b Pleated by the Developer attar Olt-, fOO•o,Ment vark, gredfnn led cleanup has been CotPtated Plantl,g shall be don, as provided by Ordinance in Iaarnea,* with the pleating diagram approved by all City COmeuulty Otvalapecnt Director -e1 0*ee10011 shall be responsible for pHntalnlng all trots Pt •a in good health vdtll the a -s of the 9uiranten: faint@ its period, or tar jet year eft@, plantinC, wtidbtrer 11 later 13. She Developer Is responsible for *eettn1 mil ccnd tiOns established ty the City pwrSdant to the iubelvitlon _2. M"-r- /o / /0.A sap Act, Cits Ord •.cos and this amreraent far the developltnt, and far the aar+tt"Ace Of a•' Improvements constructed thereunder urtil the 1.010,eaent 11 A.Cepttd for meln[enanta Oy the CitY, Ina no Improvement security 010,10ed hev*Invlth snail be released Darr,* Such sr'- "taece unless otherwise Orovidme and autharllN b! tSe CIt. .a In t ii .f the City i melatteanct hereinafter: pod uhatl 9,Ira, t eta..CUn ty duct even released by the C ty, or until 4 new a9retmert tCgtther with the 10gvired Improvement security has Ds•n S,,bS,t,,, to the C.ly by a Successor to the herein named• and u, itolution Dr tae City Council same his dean accepted, and tills egresses and the Improvement security therefor has been 1,104Se4 19 The Impro,nsent security t. be 1`11111'110 by the 0!•a, door vain this agreement shall foresitt :f the following and Shall b! to A form ACC*ptaDle by the •.Ity Attorney: A To secure faithful parfermance of this a9r *e•Jent 1. A hand a- bonds by )ne ar sort duly authorized corpora:* sureties in the fors and content specified by Government Cape section 66499.1 2 An Improvement Security nstruaent In the fors and content specified by the City Attorney. J A deposit meth the iCY of man*Y or negotiable bonds of the kind 4piro•ed for securing deposits of public eon let 6 To :score laborers And raterisle,.: I A Land or bonds by one or more duly tuthore:ed corporate flret LS •" the form and Content • specified by Govern"e,t Cars Section 66499.1. 2 An Improeea*nt S*cu. t, Instrument in to- tore and Content Specifltd by tL4 City Altarn•, J. A deposit veto City of money or nor ttsole bonds of the -Ind appra•Sd for Securing C A Cash deectlt with tie City to 9uarartae payment by the Developer to the engineer or surveyor writes cart'flcat4 apOesrS upon the final flap for the I Ittl%j Of all boundary. lot Carrier, and street C*nt4 -line monurents and for furnishing ceiterllhe tie notes to the city. The amount of the dandies MAY of any •mount tertifled by the *nglnle- Or Surveyor as acceptable payment In full: or, it no value if S taittad, the C1,h bond than be as shoran on 'the COCStruction and land Estimate contained herein. Said cash deposit may be refunded as 1004 as Croce. our* permits after recdlat by the City of the cemterllne ale notes and written assurance of pAYmtnt In full from the engineer Or surveyor D The required bonds and the p- inciptl ,mounts tb••eaf are set forth on 0499 6 Of tAls agreement. ntbe Coat"bed161n this Idefaa•s�n 1n agreement shall free from mater alt and *orb a"Ship Any and all •ortlons of the improve. sent, IClnd <0 be defect,,* ri he ono 0) Year f"llawldq the data Cn vhIC2 tb improvements •- C accoot*d by tts ty the 1 be a be repaired or replaced by Jo tt, Dt free of all At,- gds Ill. eft/ The Developer shall fui n sh a malwte "ante g:ao $ ezurltY to 4 Sam equal to ten Da: vL 11 ^t) a/ the Construct oa /0.A rtia4to or $200 00, .4IChtrer is greater to secure the faithful pIF fort once Of Develop*, t obligations A. otscrlbed ro this Oar". ra0h, The malnttnance quaranS Oa sec. rty Shel. also secure the +lthf cal per fCrmaOCO by the OOV wlr,er of Any OVIgatlon of the Der t l Oper •0 do Site if Ind are With respect to any parbay a at eta Rance ISSO.S.Ont dlstr ct Onct the laprpreaents hire been ICCapted 4,1 a .,.I,tenu CC guarantee Security Ras Men 4CCWPttd by the Clt, ti other IAprOTenant security dl,rribed In this +gr.rmMt ta, b, relossed 2rovid4d that such role&,* If otharviS, authOraatd it the Sued islon 4op Act and any a ^011cablt City Ordfnaace ly That the OtrelOper mail take put and maintain sach Public liability And property dosage insurance as small Protect him and any contractor of tubcontra -tor parformiA. a0A covered by this Agreement from claims for property damages which may arise Ceceast Of the nature of the Wort Or from optrat Ions under th13 agreement. whether Such operations be by himself or by cry contractor Or Subcontractor, or 4nyane directly or Inilrettly *,played by said persons, dean though such damages be not Caused by the negligence of the Developer or any Contractor or subcontractor Or anyane etployed by said persors The public liability and prOP41ty damage Insurance Shall list the City as ddditonal Insured and directly protect the City. its officers, agents and employees, as Well AS the Developer, his contractors and his Subcontractor s, area all Insurance POt1Nes issued hereunder shall so state TM msaimum amounts of Such insurance Shall be as follows: A ContraCtar•s liability Insurance pr oviding Dodiiy Injury or death liability limits If not Ian the 3700,000 far SICK per-.on and 51,000,000 for each accident or octurre.lce, and property design 1141,11. Ity 14gts of not less than 3100,000 for each acct. Pont or Occurrence with an aggregate limit of $250,000 for Claims wNch may arise from the opera. tied{ of the DtvelePer In I %a performance of the wort retrain provided a Automobile liability Insurance Covering all vehlclts used in the pOr7Crm4nCP of t his agreement Providing bodily Injury liability limits of not less then $200,000 for arch Person and 5300,000 for each accident Or occurrence. Ind 01OP11ty damage liability limits Of not leas inch $50,000 far Path accident Or CccrrfeAte, with an aggregate of not lots thin fI00,000 which say ar ltP from the opera. tIOAS of in* Oerelop*r Or his Contractor in performing the wort provided for herein, Developer Shallfn %Ile with tMthe execution agreement. atce if R is alts erg the of Insurance co.arinq the specified Irsvrer C4 TACK suen cart- ficate SMII bear An ud*rfemint precluding the CIMCCIIAtibns, Or redocrtan In coverage of any policy Ovldln ces by Such certificate, before the uptraclon Of thirty (30) days After el, City tiIall nee reta red notlflt atlOn by registered p1• flat the Insurance carrier At evidence of understanding the PrOvistons contained heroin, and Oi Intent to comply with $ue, the 5ubdirtler has submitted the fallowing dehcrittd Isproverent Security, and has AM to his Signature hereto: .a. • FAITHFUL PERFCIMANL_ Type O"'cipal Amount' S220.'00 DEPE.JPLPS INSUMANCE CGMPAPY Rine and address of cunt) 133 WiAAhlre, Anaheim CA 9CdrL MATERIAL AND LADOP PAYMENT T,01 Principal aAOUnt: S110,000 DEVELOPERS INSLAINCE CCMPANT Na4P and $'dress of suety 333 1111, Ire anaheie CA 928.1 CASH OEPCSiT NONUMENTATION AD Type: Principal Amount S 2.em Name and Address Of surety: MAINTENANCE GUARANTEE Type: Pr.rclpll Mount M/A Name and address of surety TO RE POSTED PRIOR TO f:CEPTANCE BY THE CITY IN WITNESS HEREOF, tee 'allies 1,dretg 1,119 .Su9ed these presents I to duly executed and 4ctndeled9ed math all so realities ,"'mores required by law on the data, set fIlth o,,,site their Date Neu. 18. 19850) THE DEER CR12R COMPAMT. ,OOVel"t, a GeAee 90fi ibyahip LIT. GRID T DVZLOPHCAT.INC., a Date !Gene pill by • • t . Griq 0 ee Pee8 e4��igar lfgnatun nne Accepted: City of Mncho Cucamonga. Calliar"I& A Municipal Corporation By: Maydr Attest: City .1 —eri— APPrOled: DEVELOPER'S SIGIATURE MUST RE NWTARIZED -5- AD r.%wmw_ r Cllt or PAPCIP) CtIC."UP111 a INGINEIAING OITISIOn Exthu ICINEn1 rERAir TEE SCPE0IAE WIU DNS net Include torrent fee for nitln9 Plolt W P41eeenl depotile I.� • uinf ITT VNIt U[R PRICE NOME C.F P.C.C. curb . U• C.r 21• gutter I is 149 Q4 I. r L.i r.0.0 curb . ll• ((r iY qulty r,C.C. cure only (B•5 t.W 5 %' q90 I F S r ter a,C. bus e• P C.C. kidhklt 9rlre S.SO a $O I.JO a ecprgaN 1.50 3J.-2a— S.r G T e• P.e.e. rrokk puleer One curb) Slue• ea s.ntlen 1.49 •. .T $], 61 G.T SJ S.r aewrted e,banbmt Pep4r4t lw or so red, Cr hed 1 W 1.50 0.15 �0 ai s. 499• ba oar Inch this.) %413 To" A.L e•v 1300 Ip q ton A.C. 9W 1e Im ter 1) 3S.00 104 A,C SW le gW lent) IS W ION A.G. under 500 ton.) 60.00 G1.9O9 S r A.0 1• thick) 0 SS S.r S.r A. Pitt, A.C. (lrar,h) 1• tOck A.C. cw%y AdJu I. /S 0 30 o�2. t senor eanho I to grade iso 00 EA (A. Adlult S"r OSCAR out to grade 150 W tA. t.F Adjust liter ,Pi l0 9r4rt Streit lights ]S 00 1000.00 des (s red (mt heade isW .In) 1 W L.r 2 4 a- 2 A 1• reruns header I /S S.r eenonl of A.0 pNeaent 0.15 l.r EA. Aemral of P C.C. curb Street of S.C. burl 1 J0 100 a FA, EA. Street signs Pefleclors and wslt MW 3S.010 a L.r Concrete block etll 25.01 S.F Aet4lnirg nll 20.00 - -� TAN Agglegatt bsse !.W T Cwr elk structural 42S 00 r IB' PIF 2000 D 19 W lF 24 gtr 15000 ]S.W I L.r ETA elk 35• PCP 4" 2000 0 49.00 EA. Catch basin %fL W4v 0MI. 4onU1L1U(W�ZryJOP$ V • 1' (A, Catch hail, M • S. 1000,00 1100.00 6A. EA. Catch basin M • 22• 1500,00 -- [A. LOC41 depreallon O EA. local depression I2• WMlallllP2uMkNN►QAW1! I00D,W aOSTSE,,CU%DWICO 1;0 —_ EA. Oul In Strwture, Std 1506 1500.00 [A. Outlet structure, Std ISOI 500 W [A. WrineWOMAPA+aO'i66YrS7l)PJ tg 2pmosechm I Guard p11N1 (ewd) I.I EA. [A, Str11l S1ClCT"IrL0G5 25.00 (, �0 ag —'„ Ide{dWV 11MON Ilejo Go Gr TCaa Wdr4WoZ 2.4% rat. eh. p j"W k,_Iw ea) uG ev.Sr wRljrAl6Tai zD- �' !9 s r l r Lwdv4pinqq 6 Irrigation Pall curb V.C.C•I 2.75 _ .- wO -v.r, eAmv 7, SO 2SO —Tom = WaA't 'O 05%L CCOM &.W A 1 2G a2 SO j tKINCERIW InSPICTIW rEE .3LS Sim TOTAL •ACSIW At I ON /OILnIN(A110n AH 2gE� 4 lep 19Y'1 fiErGSIT (REFUNDAt',E) , COSS rATI17% PEnUTANKE IGYNI"Ic l9" SUAFIr (CASH) FWD (103%) r _BO� tADOk AND MATERIAL FORD (50%) p _ Strnardlnol C -urtl ccaiiiles CA�,pl erf 1-5.p4 r4 Aorntvat ten /dtllMallan. depot llniAall + be aide IN Iv to Ilsu4nn of 4n Engineering Cwstructlon pv.lt. Abiled 1/61 /O S , e' FAITHFUL PERFORMANCE RONO WHEREAS, the City Council Of the City of Rancho Cuoaldnga, State of California and The Beer Creak Conaan (hero"after Ces,9nated as 'Dn nCiDa !ze entered into an 49r Nment wharet, Principal agrees to i,Still and , 400 "In certain designated duct it Improvement,, which Salo agree,ent Oaten 198 and identifies as ar of Oct 14 lyadi4 it hereby referred to and aid, i piR nee ea .ena. WHEREAS. Said princlp al Is required under the terns of Said agreement to fur,Ish a bond for the faithful performance of said agreement As a Part of the obligation decurtd hereby all 11 eddl Han to the fa Ce amount %Pacified therefor, there &halt be Included Colts and reasonable no anses and fie s, 1�c'Wiling reasonable attOrneY s lease Incunem by City In succ if sfuI I tnforcing such obligation. all LO De tamed H.COTts and Included IN any Judgment rendered The surety harem stipulate, and agretf that 10 Change, extension Of time, el oration or addition to the terms Of the agreement or to the Volk to bt Performed thereunder or the spec,. f ICAt IQOI 6GOa Paeying the same shall in any.ile affect Its ON lgatIOAS on this bond. and It does hereby Volvo notice of any Such Change, extensian of time. alttration or addition to the tens Of the agreement Of to the work or to the specifications IN WITNESS WHEREOF, this Instrument has been duty executed by the Princf; ei and surety above named, on V,._r.r i• I98i, Imo_ ern, m Partners Dw ttW.,O r ure q) — RYI ORfySl♦y OEVL'AP/PSff INC e a 1 e .+ y tto rn q-in• act Pm vela N. GxlyeCy V tst clean[ ' {' David C. Ranfa: PLEASE ATTACH POVCP OF ATTORNEY TO ALL 80NOS SIGNATURES MUST dE NOTARIZED NOW THEREFORE, we the Principal and DEEVL•LPERS It6L'91V:r_ Cb'P4: as surety are held and - Imo u n0 un 10 c it t r a ancno Cucas On9a (herelnAftfr called 'City -),_ _n LM penal tub er r nunared and twenty thousand .................. ..........0p /100 BoT &'s aV.0 stoner a e nice Ras, or ne payment or wnicn sue ull ena truly to On aide, wt mina ourstl•ei. our heirs, succe Ssort, executors and adminletrsta's• Jointly and severalty, firmly by %hole presents. The condition of this obligation Is such that II the above bounded principal, his or its heir,. exeCut O,,. administrator,. to oousOrt or ullg1l. shall In ail things ,tend to end abide by, ena Vfit and tfmy keep and perform the cpe,n a ^ts, conditions and provisions I• the said agreement and any alteration thereof made as therein provided, on his or their part, to be kepi and performed at the time and In the -4-041 therein SPICifled, and 1, all respects According to their true Intent and meaning, and shall Indemnify ena "we harmless City, its affICOPS, agent, and e1010yees• AS therein stipulated. then thli obligation ,hail be coma null and laid; otherwise• It shall be and remain In full fall, ena effect As a Part of the obligation decurtd hereby all 11 eddl Han to the fa Ce amount %Pacified therefor, there &halt be Included Colts and reasonable no anses and fie s, 1�c'Wiling reasonable attOrneY s lease Incunem by City In succ if sfuI I tnforcing such obligation. all LO De tamed H.COTts and Included IN any Judgment rendered The surety harem stipulate, and agretf that 10 Change, extension Of time, el oration or addition to the terms Of the agreement or to the Volk to bt Performed thereunder or the spec,. f ICAt IQOI 6GOa Paeying the same shall in any.ile affect Its ON lgatIOAS on this bond. and It does hereby Volvo notice of any Such Change, extensian of time. alttration or addition to the tens Of the agreement Of to the work or to the specifications IN WITNESS WHEREOF, this Instrument has been duty executed by the Princf; ei and surety above named, on V,._r.r i• I98i, Imo_ ern, m Partners Dw ttW.,O r ure q) — RYI ORfySl♦y OEVL'AP/PSff INC e a 1 e .+ y tto rn q-in• act Pm vela N. GxlyeCy V tst clean[ ' {' David C. Ranfa: PLEASE ATTACH POVCP OF ATTORNEY TO ALL 80NOS SIGNATURES MUST dE NOTARIZED !7A Y 9.5• a LABOR AMC RATERIALREN BOND WHEREAS, the City Council Of the C'tY 01 Rancho CWCLOng a, Stott of Clil /ornll Ina The Deer Crest Comm Iherelna / ter aetlgntcea As Rn mac IRJ ne ra Mt 1 1n[o Jn agreement whereby ird.Clpll to... to 'if bll and COtp11q cl rt a In designated public InOrpee+ents .math l a agreement, e anted gB , and Identified If pr0)ent Is ",,by Thep to and nacre I part hlre0 ;; an— i0���� WHEREAS, under the terms of sold Ig ...... I. principal 1, reauved before entblng Hot. the pe fil"ance of the WOrt, to file a good and sufficient pays ems 51 mil with the City c1 Rancho Cuts t0 felon tAt Clalma to nlcn reference 11 meal In Ti llt IS (commencing atn Stc[ton )u821 of Part 1 of Division 3 of ens civil Cape Of, the St.te Or E II /o role NOW. THEREFORE, said 0rincltai and the undersigned as a corporate surety, Are held flrmli bound unto the City of Rancho Cucamongqa and all aon•ractdrs Subcontractors, laborers, meterisleem and other persons 03010yed In the performance or the aforesaid agreement and refer -ed to In ins aforesaid Code of Civil Procedure In the sun f , r tioavpie A rnd- 001lars IS 000 for ma ,_,. T sM toen --ipn eOaf iOC o/ a.y a1n0, orT —mounts due under the Unemoloyment Insurance Act With reSPNct t0 such wart Or labor, that Said turtty -111 PAR the safe in on amount not dx CAe Jing the AnOun[ herainib0re Set forth, and also In cast suit Is brought upon this band will pAy In add A by citef and fees, includingu rlaf CnlClef attorney sl foes,` incurred 07 City in sueeees /ally enforcing Such obligation, to be Awarded And fated ti tM tour., amp to pe taxed tt costs And t0 be 1nClYdea In the Judgment lherdin r*.dared 11 Is here'y el Ofeetly stipulated and agreed that this bond shall inure t0 the brneflt Of any And all persons, Cemoaniel Ind corparatlons entltllJ to /ila claims under Tltld IS (cpmsencing vlth Sett, on 3082) if Part A of O'lftan 3 of t•e civil Code so prow go Is t0 0110 a right It ACtfQ5 to then or their ASSIgnf 1. any suit t upon this hand Should the orndltiof of this band be fully 0erfprmed, inn this obligation 'nary become null Ana Vold, otherwise It ShAll be And remain In full force and effect The Surety ; trtDY Stipulates and agrees that n0 change, extension of rime, altenti0. or ,edition to the tent of Sala agreement or the speclflcaticns ICtae OAnying the tome shall In by hirer if 'ltet Of Jny11fY:rli` change.h this extension, her a• Addition IN WITYESS WHEREOF, this 'nstrueent his been duly executed by the 011AC1381 and Surety above named, On Nader It 198 — h3: D•SA 'f ODePof A e.n rrt r,. to, r.n3P Jet ,y[E� t� l0erc owr urety, RG CIICSTT OLWELGPV=. IM.. A Cana ,.) �. gnature tt.—IRY..•tact BT, // �, Dared C. Differ, hula N. "It`-abbyy elcx S dams PIEASC AST 9 POWER OF ATTORNEY 0 ALL BONDS :18NATUAES RUST BE NOTARIZED raeem /107 SIIdo 1 S IO, GUADANT EC n0 SI DEP iORNROCC (SETT I.41, OF FI}AL NOAUYCNI S) Ctt/ Council City of No 'chi Guaongl p 0 6o. 007 R&nCAO CaC.7Yrgt tat .!off it 91,20 Go At lane, 7u rf utnt ;o rh&]ter - r: ell 9. Stet4on 66497 Y +s .]. Co dt, ins hat •i ,;red •.rear a9 ^1st that all ,d +u•.^ t s.D.n t, the final had 11 Sxer- t•en _! aid furl tintl a n art ;] at aaf 0.r „t r • s..a„ .r t &,groat, gr iurrlr :• an or Englh 4, f or jur .e ra• i e•ti +:a 917— j and is »ec,f+ti +n tot not.. the e0n •g caa7�Rt ell a^ n.!,In 9 as& to fur+,tr t}e to Slct'ol 66-97 Of the Gorer....t Coda 9 •tau „e, en ;t toecif std The undersigned fads you h.rtw,tY the sere o/ S .8C0 11 a Lfn of "t Sald 007011. to guarantee anti too 101-+.3 -1 mill le set end ch. nu•ef /urr l toed at l0ort OrOV,dad on or be Pon tot data Erects Ld end tntt the *-gloat, or a...eyo, will be Da1d or tYe und. rt tgre ". It 11 Further unde,ttoad and agreed th&t In t1e ....t to underflgnat falls to Comol*t7 the abort reCU lea tntt within the tHt tote if led. lne City Of Rancho C.CamOnga Is tYAY1tH to CCm Dlete faid ,.O1, t,Cj..tt Or Caut. the, to be con,ltCe an] tot cost tne•,of is to be a ....9, a9& +nit fold cash do. &7, tl1 City D, Pan Ha CVC110 -qa ,s auth)rit.d to mate tn. na lit err transfer lroa told Clio dl DOflt fun] to the credit for the 7rto.r city It tf further ag ^t,d that 11 the undersigned dots not present all dtnCe in tot City Caa-eil that he has said tot enq.nter or turveyar far t'a setting Of the filet monumtntt &no if the 41 11"71 or I."my" give[ the notice. pretcrtaed In Sect,*, 669] Cf the Go,ermt -t ca de, end C91tr &hilt ply to s Or tun elor, tot cash depottt np *In dad. Said engineer If thr cost of CORD'ettrq Ltd rtautrtmints eaceods tYS &count of the cafh dead'.., the undersigned ag r..a to pay the difference W It, ln tnlrtr p0) days after receiving written ttltantnt free tot C'tY o! Rancho Cue a' tDeclfrinq the tap unt o/ the riff, resat between the dash dePatit and the actual Cost Of told fegnlrla*ntt. Co,d111fy, In DCCR Ce COICPANY, a General partnership tgvS,TNC, a General PartgeEuOdlrtder s, a Address 2480 MCA AVHtOC CNO CUCAMONGA, CALIF 917]0 oath NOYMEA 16, 1985 The dq Csfter of record (for return of any Donlon Of of tth deposit) &Ya” ht SAM DECA CRCCR COt@AN7, 8180 MICA AVC., RaNCl10 COC _NGA, CALIF 917 nam1+ dar�- ROTE; TO BE SUCNITTCO BULLY FILLED OUT AND SIOUE0 r, AD g 0 RESOLUTION 110.-E12 e4 95P. ''S- 3D A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12801 -2 WHEREAS, the Tentative Map of Tract No. 12801 -2 consisting of 32 lots. submitted by The Deer Creek Company, Subdivider, located on the south side of Banyan Street, east of Carnelian, has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided In the Subdivision Mcp Act of the State of Caiifornia, an4 in compliance with the requirements of Ordinance H,. 23 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same 1s cpproved and the Mayor is authorized to execute same is on behalf of said City and the City Clerk 1s authorized to attest thereto; and 2. That said improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delln2ating same be approved and the City Clerk is autnorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 4th day of December, 1985. AYES: NOES: ABSENT: v Jon D. MiFiTs—,Wa—yor /0 P • i CITY OF RANCHO CI:CAMO \GA STAFF REPORT � c{sro =s,^ A;y� DATE: December 4, 1985 TO: City Council and City Manager 19 FROM: Lloyd B. Hubbs, City Engineer By: Linda Beek, Engineering Technician SUBJECT: Approval or Improvement Agreement Extension and Improvement Security for Tract No. 11549 -1, located on the southwest corner Summit Avenues submitted by Lewis Homes of California of East and Tract No. 11549 -1 Improvement Agreements were approved by the City April 18, 1984. Council on The Developer, Lewis Homes of California, submitted an agreement and security to guarantee the construction of the off -site improvements amounts: in the following Faithful Performance Bond: :189,000.00 Labor and Materiel Bond: f 94,500.00 At this time the developer is requesting approval of a twelve month extension on said improvement agreement. RECOMiENDATION It is recommended that the City Council adopt the attached accepting said extension resolution agreement and security and authorizing the City Clerk to sign said agreement. Mayor and Respectfully s bm ed, L Attachments //O ' CITY CF Ras" aXAMnU IMAOYEIFAT IMRSIm Af:.EEMRT rok TR 11149 I" W ALL -n3 IT THESE PRESEATS. Nit this e9ret•tnt Is cape ad entnw rota. Rancf:9 fCuttNryt�y� California l� Hal aj t'e tubdlrlf,pn NU Act of the City of City, heryl After referred td al IhatCity. cwwretlw, 3/ end between ene fatd ",erred to as we Oenetow and Levis mN.Vj of r,llfnrrta WITRtSSETR: TWIT, WHEREAS said 0e111a Der "tared Into a lepnv,oa,t apremnt .ItH city at a revisit, to issuance of Wtldlegs ptre,ts. ed � WEREAS. said Otr,loW doalrH an Iasenflm pa ti_ t0 Cvglltt N, [,ref if N, Said Lpnteeet apeClet. AW, iHFR[f67E. It li Mreay Sol tat: +greed by in' City MC by Slid Owelwer as 1. The cpstietim data of the tern of the tall Itgrortynt A9rabe_, a IS ,q e d a l t. of li thi s Extension a9', eeho Wf nt arm the at, If appnat of E. Increase In tgrove„nt Sew,ittes to raft tit a "et t- 'eAeot nits shat? be rurnishad by tN daglaper wlln tlb• egreee.nt aw snail De apirdred Dy ten City Attorn,y. S. The rKulred bond and the a641timil principal forth w t .awmtf thereof at en Attached shoat. therthereof n ea t. All other terns and nnditfn+ of chl sale I,woreve: aptwent an,li remain the soM. As trident, Of undvstndlnp the worisles Cwta•ved hereto, and of Inter s costly with fp, N, nna?oodr has Sumltted to balsa Cea(rload 1- prpreset Im'Ity, and Ms affixed his s17nW" hereto: VA1TWIL IEAfORIt1RCE !4D 0 tto-1 Surety: wety: Addltlpnat principal Mpant: MIA Addreaf: MTEAIAE ARO sAEW ;lM Susty: Slntrtptlm: Additional PORCI ai Areupt: //A Morass : CASK DIMIT 141RF11TIR0 son Additional Cash ntw+lt: R/A MIRTF Ma CI AAAIR flo n R/A To be weed arlor to accept a1 N, wOlect by tnettlt1 ArRtntt M +f + +e.....ta+leOe +aaaaaaa�to of the "*Joel by the cit /. elrMea...MM CITY DD RM010 CUUjorA OETELOp[R CALIfCRRtA, a ,,oCipat cwperatlw W— Lrwls laws OF CACIrORmIA • s. ypr Attach jnortnd gent era y tha err ty e" ROTE: 0[YEIOPUt'S SICILA- E KIST lE ROUAIEEO E. RESOLUTION NO. - E4?�84 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC40 CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT EXTENSA " AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11549 -1 WHEREAS, the City Council of the C1-.y of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on OECember 4, 1985 by Lewis Homes of California as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located on the southwest corner of East and Summit Avenues; and WHEREAS, the installation of such improvements, described in said improvement Extension Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Tract 11549 -1; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said improvement Agreement. NOW, THEREFORE, BE IT RESOLVED t7 the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized W sign -aid Improvement Agreement an behalf of the Cary of Rancho Cucamonga, and the 0ty Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 4th day of Decemb.r, 1985. AYES: NOES: ABSENT: n U. MItClS. Mayor E lJ Li I MY OF RANCHO CCCA31ONGA STAFF REPORT DATE: December 4, 1985 0 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer SUBJECT: Approval of Real Property Improvement Contract and Lien Ageeeent from Booker T. and Mfgdalia Latter for their property located at 5553 Crooked Creek Drive Mr. and Mrs. Laster have applied for a Building Permit to construct a single family residence on property located at 5553 Crooked Creek Drive. The property does not front upon any public street. Access to the lot is provided from Hillside Road by a 30 -foot pri:cte easement known as Crooked Creek Drive. As a prerequisite to issuance of balding permit for landlocked parcels as established by the City Counci Resolution No. 80-38, an irrevocable offer of dedication on their portion of the access for street purposes and a lien agreement for future improvements of the street are required. Mr. and Mrs. Latter have executed a document for offer of dedication for that portion of Crooked Creek Drive and entered into a lien agreement to provide required street improvements at some future date to be determined by the City. RECOMENDATiON It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk• to sign and accept the lien agreement on behalf of the City. f ctfuilI sp6mltted, l u 0/vX LBH.BX:de V Attachments //3 0 78 I Y. OI � •, Q � I m } y T V� •J �w n z —'Ir I° IJLP y' 7 ..., I vuY IIIY 0 to A� J9' (_• .nu (il .sIY M1 C` 46 66 P Yt • bJ b♦ vc Y Iu.[ rn.c ✓NV ® CITY OF PROJECT. 5553 Crook:d Creek Drive RANCHO CUCAMONGA TITLE; vicinity ►wv ENGINEERING DIVISION //� EXHiBIT; •a• • AECONOtNO REpUESTEO Olt and WHEN RIC040E0 MAIL TOt CITY CLEA- CITY OF RANCHO CUCAMONGA P 0 so% 801 RANCHO CUCAMONGA, CALIFORNIA 9030 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, aide Ind entered Into this day of 1905, by and between 50o[er T and M19dalia E. Latter (hereitnafter '[tarred to as '01111001"). and the CITY Of RANCHO CUCAMONGA. CALIFORNIA, a nunlcipal corporation (hereinafter referred to 11 -City'), provides as follows: DHEREAS, is a 9enersl condition precedent to the Issuance of a building Permit for 5557 Crooked Crack Drlvv develope•nt the City requires the construction of Missing OF,. site street Improvements Including curb, gutter, asphalt pavement and appurtenant work Adlacent to the property to be developed: and WHEREAS, the Developer desires to postpone construction of such leprovuents until a later data, as daternined by the City: and WHEREAS. the City Is agreeable to such p11t0oneme.t Provided that the Derslo7nr enters into this Agreement requiring the Developer to construct said Ieproruants, at no expense to the City, after demand to do so by the City, which Said Agreement shall also provide that the City nay construct said Improvements If the Developer falls Of 0e9tects to do so and that the City shall ban a lien Upon the real property hereinafter described as security for the Developer-s perrcrpance, and any reps-mint cum City. 1 1/S NOM, THEREFORE, THE PARTIES AGREE: • 1 The Oevlloper hereby agrees that he will Install Off -sltl Street leprOvtments Ine1vwI %j Curb, gutter, asphalt Pavement and aipurten42t :art in accordance Ana Cempil anca with all applicable Crdinlocds resolutions, rules and re9ulat4ons of the City in effect at the ties of the Installation Said '%ravf.Onts shall be Installed upon and along Crooked Creek or "R, not t0 1xCeed ins Centerline of said Street or beyond the froRt49p of the subject property except as required to provide for adequate drainage and traffic t ansltlon par City Standards E. The Installation of Said Improvements shall be Caeoletad no later than one (1) year following written notice to the Oeveloper from the City to Commence Installation Of the 3421, tnstillatlwn of said lmproeements shall be at no expense to the City. 0 I In the cent the Davaieper shell fail or refute to complete the Installation of said Improvements in a tlme.y Sinner, Cit, may at any time thereafter, upon giving the Devaieper written notice of its Intention to do so$ enter upon the property herelnaftcr detOrtbad and Complete arid Improvements and recover all pasts of completion Incurred by the City from the Developer. a To secure the performance by the Developer of the tarts and conditions Of tM: 491eemint and to Secure the repayment to City of any funds which may be expanded by City In COmplating said Improvements upon default by the Developer httaundtr, the Developer dots by these Tie .... is 9111t, bargain, cell and convey to the City, In trust, the following described real property situated IN the City of Rancho Cucamonga, County of San Iereardino, State of California, to -w•t: • SEE EEHIIIT // � 2 • ! This Conveyance Is In trust for the purposes dt,.crlbed above. 0 a 6 Now, therefore, If the Developer shall faithfully perform all of the acts art things to be done urger this Agreement. then this conveyance shall be void, otherwise. It shall reeeir in full fo ^Ca and effect and In all respects tholt be considered and treated as a mortgage on the real ;roperty ono the rights and obligations of the partial with respect thersto shall be governed by the provisions of the Civil Code of the state of California, and any other applicable statute, pertaining to mortgages on real property. 7. This Agreement shall be binding upon and shall Inure to the benefit of the helps, eaecutort, administrator$. successor% and assigns of each of the parties hereto a To the extent required to gird effect of this Agreement as a mortgage, the term -Developer- shalt be -mortgagor- and the Cits shall be the 'mortgage*' as those terms are used in the the Civil Code of the State of California and any other statute pertaining to mortgages an real property g. If total action Is commenced to enforce any of the provisions of this Agreement, to recover any sue which the City Is entitled to recover from the Developer hereunder or to foreclose the mortgage created hereby. then the prevailing party shall be entitled to recove- its costs and such reasonable attorneys fees as shall be awarded by the Court. I17 y IN W17MESS WHEREOF, the parties hereto have •a,Ci,ted� this Agretnent on the day and yes first above written. CITY DEVELOPER CITY Of aANCNO CL•CANCROA, CALI FORX IA, a Mun1Hp•1 corporation oin Mayor Mayor f f7r ATTEST: APPROVED AS TO FORN: — — — — — — 7e +iT u ea"'S"E1i Te—f— • apt prney "ty Clerk ........................................... t.... roe........... STATE :F CALIFORNIA COUNTI OF SAN BERRARO[N0� ss ee °^ ,19 ,bartra tha un er! 9ne aprY�u6Trc, oTrf ona IF appure S toil BEVERLY A AUTHELET personally in... t0 Me to be the Naypr and rity Cl , r k, respectively, of the CITY OF RA RCMO CUCANONGA, CALIFORNIA, a Municipal corporation. and In Own to Me tp be t +• p3rtOna MO OIe CYtad [A0 within tnttfuOtnt On behalf of laid MYnitlpal corporation, and acknorltdred to at that such MunlClpal Corporation U•COted It. WITNESS NY HAND AND OFFIC•AI SEAL c ary qna ure k STATE OF CALIFORNIA COUNTY OF SAN BERNARDtROI es me."� n ten tn• lcY1 -or Illii�f'IT))iPh I-� bM. -• >< ^ y.. y ruD no Der� o�qa Y OD Urt A�vd•rrr r F11K.fk'tII�, /° I �•.. •r pro'" In a y Me n aon v n the basil if ) tat lfactory erldence to bI the peraonp) .note nau (s) i tubterlbed to the III MIS iMf i "Yq nc and FMIAZIe Ad ""t eseCYtld It YSTAESS NT NANO AND OFFICIA. SEAL OinOAI SLnt J rirwtewsueOwte ,.SI.tna ure ro5n wn< ir..e.0 ID arY ->IDna uT �a ��// •raw w."0f1w tniiim NOTES YIIEN DOCUMENT IS EXECUTED BY A CORPORATION OA PARTREOSNtP, THE ABOVE ACENOYCFOCENENT SS NOT ACCEPTABLE A CORPORATION F►ARTEEQTFFIT -n ROSIIEDOERCNT IS REQUIRED. Q A �� u 0 E I N 10IT A F&VOI L Tottloo of tN urepeeet, 1/4 of sr< SoutM.t 1/1 of it. 1cniten IA of Mnlpo 21, 1brasup 1 Warta, Mop T Ytst, 3At L'VACIRO bI6E A'J I�f W. dsterltq as follows, 0MOM II10 tt t brtteut earner et th,t SOOt n I/A of the doattwn I,h of eald Unlm 23, th,ute South, A food trop V4tt ICI.Ao fin to tM pat0rllae of Roof Mimi etamelt ttwsw South, no 16. 09• YM Lisa, ttla emterllm L dietmet of UT-36 fwst; ttmet tart 26742 fnt; th,tare South, 61 Mt to tat to point of bedaal2gt 114200 tontluuiag Sonh, 91 feat tbwset Let to tie emarllat of t1a aDen v tloatd flood 0oatral ebOnaA, ;]tats b,rt1 llo M' 09' rul along etld enterline to 0 polar dot bit of eto trot Point of maglnndagl tooth, West to tine true point of tetlmine. rt " 2, A 2oa-etelnit• "t t for tngrt4e and aQtee on. tad 0,rate the Vest 10 fart of 110 Warta 291 feet or t1t Pollorlsg dperlted pto74rtjs T1u MfisfW h,/3 of tit gOolbrt(t I/4 of IM Saetivert 1/4 of Usti. 21. • T Illy 1 Sera. Sang 1 Vast, SAW g2RWAA6IWO AM RM I tDW, Is its ravy of Sm "mal"m, Ststt of CLUCOrale, — r4126 to offleitl plat hereof e nprattd y tit SOMYOr Omtral dsttd Jme 0. I.M. IICW= T19OW1Kf. sar Writ" tbsmat 1. Slllelde Rotd. L71 ALTO =E , TIMU2M TWW Yen 210 faet of tt4 Rarth,e44t 111 of tae Stott. "It IA of rte Sw S% 2/4 of emit Stettin. N cvz T*, so Sadolpl M Weepier, nor., by instrument b. 126, neorded An"% 1, 1916, in boot 1165, rip n, 011lelt1 Nrtar4s. 11q 11 RESOLUTION N0.— ek -41- -M ps — 3,D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY - IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BOOKER T AND MIGOALIA E. LASTER AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City cf Rancho Cucamonga adopted Resolution No. 80 -38 on May 7, 1980, to establish requirements for landlocked Parcels where no subdivision is occurring; and WHEREAS, 5553 Crooked Creek Drive generally located south of Hillside Road, east of Archibald Avenue is a Landlocked Parcel within the meaning of said Resolution No. 80 -38; and WHEREAS, Booker T. and Migdalia E. Laster has executed a Peal Property Improvement Contract and Lien Agreement. NOW, THEREFORE, BE iT RESOLVED that the City Council of the City of Rancho Cuxamonga, California does accept said Real Prnperty Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 4th day of December, 1985. AYES: ROES ABSEdT: Jon 0. Mikels, ayor CITY OF RANCHO CUCAMONGA � us qir MEMORANDUM El 6 ;6 �L �5 DATE: December 4, 198E 19-1 TO: City Council and City Manager FROM: Lloyd Hubbs, City Engineer SUBJECT: Release of Bonds and Notice of Completion Permits Nos. 1164 and 1165, locatoo at Archibald & Feron and 6th and Buffalo PERMITTEE: Stanley F. Yelich, Inc. P. 0. Box 246 Sierra Madre, California 31021 Release: • Deposit Bond U 45 97 76 5500.00 Deposit Bond U 45 97 77 5500.00 It is recommended that Council accept as complete the Improvements for Permits Numbers 1164 and 1165 and authorize the City Clerk to release the above referenced bonds. D.R. 83 -21 - located at the Southwest corner of Foothill and Hellmcn DEVELOPER: Sickels Stampley 359 San Miguel, #304 Newport Beach, California Release: Faithful Performance Bond (Road) $298,458.0[ The road Improvements for Development Review 83 -21 have been completed to the satisfaction of the City Engineer and it is recommended that Council accept said improvemantf, pass the attached resolution authorizing the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond In the amount of S298,450.00 Rc �tfull s fitted, LBII•bc E. RECORDIRG RIwESTED Sll CITT OF A JKWC• CaCMIrA P. O. Boa 907 RAMA- Cucaaonts, California 91710 WHO RECORDED hill TO: CITE CLERK CITY OF RAMM L1IGMRMIGI P. 0. Sal 907 RanUm Cucapert9i. California 91710 MICE OF CdOt[/IDR NOTICE IS MUST GITEN TIUT• 1. The M1Qani9ned is sn Oen,r of m entroit or a/t+tr 1, the horelnaftar ascribed roil property. the nature of MIN interest or estate lu D. N. 91 -21 2. The full Am awn ad&*%% of the uMarsltnsl wher Is: CITE OF Ak" 01CAIORGA, 9120.0 Said line Road, P. 0. Boa 90', Rancho Cw~94, • California 91170. 1. 01 the 4th day of DeceWr. 1915, there nS Co9gted on the MMIAlfter described nil Roorty the "rk of 1fprOraynt at forth In the Contract documeitf for: D. R. 91 -27 e. The naee of the 0119.nal contractor far the work of dttroveunt as a Mole oral: SICCEES STAImLET S. the 1201 ;,Mny "Tarred to brat, Is Sltnated In the City of RanClo Cuc0044, County of San Bernardlw. Caltfarnib and is described as tol:Im, LOCATED AT tW SOMfWEST CORNS OF FOMNILL 9LTD. An MILUW1 AVE. j�, !' City OF RANOIO CAWe:RW. a aeictpai Corearition, Owner Lloyd 9. Wbbs. city .129 nor 0 RESOLUTION NO Et -Ot-M g S - 345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC%MONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D R. 83 -21 AND AUTHORIZING THE FILING OF A NOTICE OF CQvPLETION FOR THE WORK WHEREAS, the construction of public improvements for 0. R. 83 -21 have been completed to the satisfaction of the City Engineer; and uHEREAS, a Notice of Completion is required to be filed, certifying the work comolete. NOW THEREFORE, be it resolved, that the work is hereby accepted and the rity Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County, PASSiD, APPROVED, and ADOPTED this 4th day of December, 1985. AYES NOES: . ABSENI Jon 0. Mikels, ayor ATTEST: ever y R iMr -Ury- eF 1, BEVERL/ A. AUTHFLET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, arproved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held or. the 4th day of December, 19115 Executed this • day of •, 19" at Rancho Cucamonga, California. Beverly A. AUthelet, City Clirk /�3 0 Y7 L- - CITY OF RANCHO CCCA.IIOXGA STAFF REPORT r Dates November 70. 1985 To, Nayor and Narbers of the City Council J From, Robert A fl1ZZ0, Assistant City Ifanege: 7 By Ellzabetn Stoddard. Assistant Crnance Director Sublects Appropriation Amnoment On June 77. 1985, the City of Rancho Cucamonga anterea into a profess onal services agreement with 8 L systems Incorporated *ha consultant is to Provide professional aeryltes with Lespeet to the preparation of a digi- tal data base and At.as mpg The funds again were approved during -h, 1984 -65 fiscal year ind due to an omission error were n+t carried into the 1985 -06 fiscal 51 i ae an ercumberance to a priur year It is there- for necessary to request an additional appropriation o' S75,000 00 to the Building and safety contractural • ervices account I .m contingency to insure the completion of cals con -ract arm4 LSNDATION. It is zec0 =ended that the %ty Council authoriZS additional appropriatroi funding from contingency for $75,000 00 to the Building and safety contract - ural services agreement 11 -4177- 60781.. /c;tq • - CITY OF RANCHO CUCAMONGA STAFF REPORT I Date: November 19, 1985 Io: MryOr and Members of the City Council :rom: Robert A Pizzo, Assistant City Manager', By: Elizabeth Stoddard, Assistant Finance Director Sublcct: San Bernardino County Central Credit Union Card Service �M z 19" 1 The City of Rancho Cucsmonga currently uses two banking institutions to provide card service First Interstate Bank charges $20 00 'or annual membership dues with a 214 interest rate and .lank of America charges $18.00 for annual memership dues with a 19.04 interest rate within the recent past the Sar. ernardii.o County Central Credit Union has -tads available to municipalities card service for •.d:ich there is no annual membership dues and interest rates are at 16 04 RECOM!4MATION: It is recommended that the City OI Rancho Cucamonga abandon card service from First Interstate 8sik and Barit of America and proceed with card service offered by San Bernardino County Central Credit Union for the following individuals and credit limits: Jon D Mikels. Major $2,500 00 Lauren waisetmen, City Marager 2,500 00 Robert A Rizzo, Assistant City Manager 2,000 00 Jack Lem, CO®unity Development Director 21000 00 Brad Buller City Planner ',000 00 try of Rancho Cucamo nga 2,500 00 Beverly Authelet, Citp Clark 11000 00 ias i[ CITY OF RANCHO CUCAMONGA E a 19r' CAW.J Bngwt 11 1r Urn AnS .. Rklwrdll U#el PwrL.J U,Wt RESOLUTION NO. OS' 6;)(, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING APPLICATION FCR SAN BERNARDINO COUNTY CENTRAL CREDIT UN.-ON CARD SERIICE WHEREAS, the City of Rancho Cucamonga desires to obtain bank cards from San Bernardino County Central Credit Union (Iareinafter called "Credit Union') for use by certain of the City's orri.,r: and employees# and WHEREAS, Credit Union will not issue said bank cards unless the City of Rancho Cucamonga agrees to assume full responsibility for use of such cards, or any of them, and to pay Credit Union for all indebtedness incurred through the use of such cards, whether such use or indebtedness was authorized by the City of Rancho Cucamonga NOW. THEREFORE BE IT RESOLVED that John D. Mikels, Mayor, Lauren Wasserman, City Manager, Robert A Rizzo, Assistant City Manager, Jack Lam, Community Development Director, Brad Buller, City Planner, Beverly A Authelet, Cttl Clerk, and City of Rancho Cucamonga, are hereby authorized, directed and empowered, in the name of the City Of Fancho Cue arlonga, to apply to Credit Union for the issuance of a Visa bank card, and to execute such applications and agreements a Credit Union may require In order to accomplish t)e foregoing. BE IT FURTHER RESOLVED, that Credit Union is authorized to act upon this Resolution until written notice of its revocation is delivered to Credit Union, and that the authority hereby granted shall apply with equal force and effect to the successors .n office of the officers named herein /Q 1120 BASELINE ROAD. SUITE C • POSTOFFICEBOASSr • RAT 'CHOCUCAMONGA.CALIFOBVIA91710 • ifl4ls9sie3l CITY OF RANCHO CUCAMONGA MEMORANDUM 11yy, C M —W DATE: December 4, 1985 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner 9T: Dan Coleman, Senior Planner SUBJECT: TREE PRESERVATION ORDINANCE AMENDMENT� oo5ed o Amendments to Chapter an t o Fe a no Municipal Lode pea to the preservation of trees on private property. I. BACKGROUND: At their meeting of November 6, 1985, the City Z uciT continued the first reading of this Item to tonights Agenda in order to submit recommended changes to Staff for further discussion tonight. Attached for your review and consideration are the recommended Amendments to the proposed Ordinance as submitted by individual Council Persons. Also attached for your information is the November 6, 1985 Staff Report and proposed Ordinance. Staff will be prepared at the December 4th meeting to respond to any recommend changes by City Council. It. RECOMMENDATION: It is recommended that the City Council ake any necessary changes to the proposed Ordinance and give first reading. Respectfully ttt Brad Buller City Planner BB:OC:das Attachments: November 6, 1985 Staff Report Requested Amendments by City Council Persons /a 7 • I CITY OF RA.N'CHO CUCAMONGA MEMORANDUM DATE: December 4, 1985 Tot City Council FROM: Pamela Wright SOBJEC: Requested Amendments to Tree Ordinance A. 1. (Add) Pale, Oak, Sycamore and Evergreen . y tr. ~ r = 2. (Add) or (in first line after "All voody plants in emcees of fifteen feet in height and /aX..." B. 1. (Add) or omission (in first line after "Remove" shall include any act/or.Jlmia/jRp•••" I'd Itke : :cafs report addressing the Arad to have an appeal foe as required ca Seaeioa 19.08.100. I'd also like staff input regarding altcrnativc solutions to requiring the public to have to pay to have their eler_ed representatives consider a request. Question: Is it legal to require a fee for an appeal on the denial of a permit and oat charge a lee for an appeal on the issuance of a permit? SECTION 19.08.010 Keep first Paragraph as is. Second paragraph — delete all but first sentence. Keep third paragraph as is. PW /dia cu Jack Lam Brad Boller Dan Coleman /C;) 9 CITY OF RANCHO CUCAMONGA MEMORANDUM November 22. 1985 TREE PRESERVATION ORDINANCE SECTION 19.08 020 Retain existing Ordinance section excluding trees which are fruit or nut bearing. SECTION 19.08.130 0 3 (omit) 'the practice of 'topping' the trees is prohibited". CITY OF RANCHO CUCASIO \GA MEMORANDUM 11 OW: No•.3mher 22, 1985 TO: City Council FROM: Dick Dahl SUBJECT: TREE PRESERVATION ORDINANCE SECTION 19.08.010 ��ca iro 1� 19:: This Ordinance shall not apply to trees found within the Etiwanda Specific P'•n project area. Trees within the Etfwanda Specific Plan area snr 1 •.fly with the provisions of that plan. E DD:cv cc: Jack Lam Brad Buller Oan Coleman .E i Gil) .4 1 ,50 i • ,0 F] DATE: TO: FROM: BV: SUBJECT STAFF REPORTv s• � ''x ,f 1' November 6, 1985 Mayor and Members of the City Council Jack Lam, AICP, Community Oevelopmpnt Oi-ector e Coleman, Senior Planner PRESERVATION ORDINANCE AMENDMENT Proposed a .ailments t0 Chapters 17.08 and 19.08 of the Rancho Cucamonga Municipal Code pertaining to he preservation of trees on private property. I. BACKGROUND: In response to the City Council and Plannlnq Cooissin concerns regarding tree preservation policies and tree removal permit process, Staff has prepared a comprehensive amendment to the Tree Preservatlon Ordinance 37. At their meeting of October 23, 1985, the Planning Commission reviewed the draft amendment and forwarded a recommendation of approval to the City Council. In addition, the proposed amendments have been reviewed by the Citizens Advisory Commission and Historic Preservation Ctmmission. Also, a copy was forwarded to the Building Industry Association for comments. As requested by City Council, Dr. Alden Kelly, of Knapp Tree Service, has reviewed the proposed amendments and has been 1nv'ted to speak to the City Council about tree preservation from the perspective of an arborist. T..e attached staff reports fully describe the proposed amendments to the Tree Preservation Ordinance 37. This report provides an overview of the Planning Conmission's comments and the input of the Citizens Advisory Commission. II. CITIZEN ADVISOP.V C0141ISSION ACT[Un 0 -26 -651 - The CAC reviewed the pre urinary rat on ept er , and offered tke following comments: Section 19.08.010 Pu ose and Intent. The :fu. recommended that preservat on o t e w n row c aractar and windbreak effect be emphasized as a City policy. In response, the following language was added to the proposed ordinance: /3/ CITY COUWIL STAFF REPORT Tree Preservatinn Ordinance Amendmet,c November 5, 1985 Page • In particular, the Blue Gum Eucalyptus windrows are a unique Inheritance whose cumulative value as a windbreak system is a desirable resource. It is the intent of this chapter to perietuate a windbreak system through protection of selected existing mature Blue Gum Eucalyptus windrows in key areas of the community, an7 through gradual replacco -4 and expansion of the system through planting of r,•.. Spotted Gum Eucalyptvs windrows along the established Gild pattern, as development occurs. Staff Comment: This language follows closely the policles contained n the Etiwanda Specific Plan. Gradual r *pi,.c n:-nt r,s further defined as being 'as development occurs' ba•to up3r, re -ent City Council direction. This policy was discussed at great lera'� recommendation. The LAC Ition of • review an October Ath, the CPC recommended that a policy be established to ,reserve a certain number of citrus of nut bearing trees on each lot of a new subdivision or development. Staff Corvrent: The Planning Commission recommended approval of g vicT��ratton to preserving citrus or nut bearing trees. Stiff recompe�n 'sF-fiy Council discussion of this item as it has significant grading impiinations. For example, If a subdivision is Proposed on a site of an old citrus grove, preservation of one or two trees in the front or rear yard would require watching the existing grade around the base of the tree, which could Beverly limit grading and adversely affect drainage of the protect. Many of the old citrus groves are abandoned or poorly maintained in an unsigntly condition that would not be desirable to preserve. The existing language allows the opportunity to preserve attractive and healthy trees. Section 19.08.050 Protection of Existin Trees. CAC expressed COnCerO Nith Che a riot 0 COnstrUCt'00 of walls LOa l'IOSC t0 trees. 0 /`3.) u • 41 CITY COU9CIL STAFr REPOPT Tree Preservation Crdinance Mendrent November 5, 1985 Page 3 Staff Comment: Language was included !Subsection 'F') 'o state that 'no construction, including structures and walls, that disrupts the root system shall be permitted. The Planning Commission re.,mmended approval of the language added by LAC. Section 19.08.130. Tree Matntenenace. The preliminary draft requ red that trees on pr vate property be maintained equal to City Standards for maintenance. CAC reconendea deletion of this requirement. Staff Comment: The Pla.:ning Commisslon recommended approval of the rev s— anguage that states 'maintenance of trees standing upon private homeowner owned property shall be the responsibility of the owner or owners of those properties'. III. PLANNING COMMISSIOe N ACTt e ION: The Planning Commission was fu supporc ve o c ng tree removal permit process to development approval process (e.g , tentative tract map, C etc.). The main deliberation of the Planntna Cnareieemnn rnern� tree. Gum In discussing the Blue Gum species, the Commission reviewed the following evidence: o Blue Gums havo a very high oil content that exacerbates fire hazard, o Blue Gums are prone to dangerous Stoner branch drop. This is a condition where branches up to six inches in diameter will unexpectedly break off, even on clear, windless Summer days, o Blue Guns are one of the messiest trees because of bark shedding and leaves which are a fire hazard, nuisance, and high maintenance cost, /33 rITY CODUC1- STAFF REPORT Tree Preservation Ordinance Amendtent November 6, 1985 Page 4 • a Blue Gums are brittle and top- heavy, therefore, very prone to blow -down or limb breakage in high winds common to area, o Blue Gums reached maturity under agricultural conditions and are poorly suited for developed areas because of changes to environmental conditions such as watering habits and ground characteristics. or tree. tucalyptus macuiaca t�potteo uum) was selectee eecausa or t�imllar growth characteristics, fast - growing erect, single - trunked tre_,branching to make wide head, up to feet tall. In addition, the Spotted Gum 1s strong and is not messy or water greedy like the Blue Gum. Section 19.08.010 - Pur ose and Intent was revised to indi:ate the Ran n ng Comm ss on s recommen at on that Blue Gums be gradually replaced with Spotted Gum Eucalyptus as development occurs. In addition, the Planning Commission also recommended that the Etiwanda Specific Plan be •aeaded accordingly. However, this would • not change the policy of preserving Blue Gum Eucalyptus trees that are designated as historic landmarks. The Planning Comission also recommended that Section 19.08.080, Tree Replacement Policy, be revised to require 15 gallon size Eucalyptus Maculata (Spotted Gum) as replacement trees in all cases where Eucalyptus windrows must be removed. The preliminary draft, Staff had recommended that the larger 15 gallon size trees be required only where Eucalyptus trees were removed in violation of the Tree Preservation Ordir ice. The Planning Commission felt that 15 gallon size trees are less susceptible to vandalism and breakage. The language in the attached Ordinance has been revised per the Planning Commission's recommendation. III. CITIZENS ALYISORY COMMISSION MMENTS: The Citizens Advisory Commission reviewed the propos^ -d amen ments again an October 24, 1985. The following is a summary of the CAC comments. Section 19.08.010 Pu ose and Intent. The Etiwanda representatives of cTie! o ect to th�lanning Commission's recommendation to replace all Blue Gum Eucalyptus trees as development occurs. CAL wanted to preserve select Blue Gum windrows in key areas, but did not define where these areas were. Thera was no consensus of opinion among the Alta Loma and Cucamonga representatives concerning this issue. 0 /341 CITY CO09CIL STAFF REPORT Tree Preservation Ordinance Amendment :lovember 6, 1985 Page 5 Connent: This aould be a major policy determination of the City out nC77as to whether the aesthetic /windbreak benefit of the Blue Gum Eucalyptus windrows overrides public safety, liab•lity, and maintenance concerns. Recent decisions of the City Council regarding tree removal permit appeals have set a precedent to remove Blue Gum Eucalyptus trees as development occurs. Section 19.08.020 - Definitions. The CAC recommended that the criteria of e n ng er ,age trees" to terms of size be defined to be more inclusive (i e., more protective) by stating thrt "alt woody plants in excess of 15 feet in height and /or having a single trunk circumference of 15 Inches or more, as measured from 24 inches from ground level*. Camuent. Tie existing Ordinance specifies that "all woody plants In excess of 20 feet in height and having a single trunk circumference of 20 inches or more ", shall be protected. The clarification suggested by the CAC would protect those certain varieties of trees that may achieve maturity in excess of 15 feet in height, yet have a single trunk circumference less than 15 inches or more, such as certain varieties of Eucalyptus trees. ® Section 19.08.020 - Definitions. The definition of " remove" should Include "inadequate or excess ve watering" of the tree which could cause a heritage tree to die. V] Staff Comment: Staff recommends that this provision be included in c e d�ftTon. Section 19.08.050 - Protection of_Existinq Trees. This section requires that all trees to be saved should be enclosed by a chain link fence prior to issuance of permits. CAC recommends that this section be further clarified to apply only to trees associated rlth a proposal for davelopment, (i.e., subdivision, shopping center) and that the chain link fence is to be temporary to nature and not permanently constructed with concrete footings. Staff Cement: The following wording is recommended: "All trees to be saved, associated with a proposal for development, shall be enclosed by a temporary chain link fence prior to the issuance of any grading or building permit and prior to commencement of work. Fences are to remain to place during all phases of construction and may not be removed without the written. consent of the City Planner or until construction is complete; and ..." /13s- CITY COUNCIL STAFF REPCPT Tree Preservation Ordinance amendment November 6, 1995 Page 6 • Section 19.08.080 - Tree Re lacement Po1ic . The LAC supported the Planning Commission recamrendat on tat replacement trees be 15 gallon in size; howevcr, the CAL further recor ended that replacement be on a 2 for 1 basis for heritage trees removed. Regarding citrus trees, the CAC recommended that a replacement standard be developed based upci square footage of lot area, such as, 2 trees per 10,000 square feet of lot area. Staff Comment. This is a major policy decision that should be carere ui-Tly —considered by the Council. The City Attorney is investigating the legality of such a requirment. Section 19.08.110 - Emergency Waiver. This section provides for the emergency wa ver o t e p process where a hazardous condition exists requiring emergency action to preserve the public health, safet, and welfare. The CAL recommended that only su ervisinq members of the Foothill Fire District or the City annP1 er bnqe granted the authority to authorize the destruction or removal of a hazardous tree without securing a tree removal permit. Staff Comment. This may become impractical in emergency situations n th�flTwhere Fire Protection Distrtat per.onnel mist make split- second decisions to preserve the publir health, safety and welfare. In fire fighting, it is impractical to wait for a Battalion Chief to come and Inspect a burning tree next to a house to detemine if it should be removed. Section 19.08.140 - Penalty. This section establishes that each tree remove n v o at on of the Ordinance shall constitute a misdemeanor punishable by fine of not more than $1,000 or by imprisonment not to exceed six months, or both such fine and imprisonment. The CAC discussed the possibility of a restriction on development within the City for violators for a specified period of time following the illegal removal of a tree. Staff Comment. In discussing this with the City Attorney, it was Determined -Fia! there 1s insufficient legal grounds or casa law to support such a restriction. IV. HISTORIC PRESERVATION COMISSION .ACTION. The Historic Preservation 'C'amo ss on rev ewes the preliminary raft amendment on October 3, 1985. The Commissloa recommended approval and did not request any changes. The prcposed amendment will include reference to the historic landmark designation of certain trees. 45 b n U CITY COUNCIL STAFF REPORT Tree Preservation Ordinance Amenoment November 6, 1985 Page 7 RECOMMENOATION The Planning Commission and Staff recommend that the Cou —— approve the proposed amendme..t co the Tree Preservation Ordinance through adoption of the attached Ordinances. Respectfully s bmitted, Jack Lam AICP Community Development Director JL:OC:ns Attachments: September 11, 1985 Staff Report October 23, 1985 Staff Report Resolution Recomornding Approval Draft Tree Preservation Ordinance /37 0 • E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 23, 1985 TO: Chairman and Members of the Planning Commission FROM: Jalk Lam, Community Development Director BY: Dan Coleman, Senior Planner ..`J rp1 7 Ae i SUBJECT: TREE PRESERVATION ORDINANCE AMENDMENT - Proposed nendments to apter and 19..69 —of the Rancho Cucamonga Municipal Code pertaining to the preservation of trees on private property 1. BACKGROUND: At the meeting of September 11, 1985, the Planning Commissnreviewed the initial concepts for amendments to the Tree Preservation Policies as contained in Ordinance 37. Based upon community input and comments frr , the Planning Commission and City Council, Staff has prepared a comprehensive amendment to the Tree Preservation Ordinance 37. The proposed amendments have been reviewed by the Citizens Advisory Commission and Historic Preservation Commission. In addition, a copy was forwarded to the Building Industry Association for convents. Staff has received favorable comments from developers regarding tieing the tree permit process to the project review itself. The proposed amendments mere —mewed the proposed amendments and has been invited to-speak-'to the Planning Commission about tree preservation from the perspective of a tree arborist. The attached Staff Report of September 11, 1985 fully describes the proposed amendments to the Tree. Preservation Ordinance 37. II. RECO`LMENOATION: Staff recommends that the Planning Commission rev and the proposed aiaentn mt, make any necessary changes, and forward a recommendation of approval to the City Council. Community Deve JL:DC:ns Attachments- Draft Tree Preservation Ordinance September 11, 1985 Staff Report 139 ITEM E cM CC vq CITY OF RANCHO CUCAiMONGA a. C 115 O xyvlOR O. NIII,I, i ' Chw•nJ D"•tu l,fmr, hog inn R0.1i X Dam pam,mJ u,•sm October J, 1985 Gap Brown, Executive Director Building Industry Association 1150 H. Hountcin, Suite 207 upland, Califorail 91786 user Cape As you have requested, we are enclosing a coq of the draft of the revisions to the City -s Tree Bemvval Ordinance. The Ordinance is otill being reviewed by Oil.- Community Advisory ConmtsaioL and will be !orvarded to tte City Council, we expect in early Hoverter. Since a number of local de .lepers who also happen to be webers of the Building Industry Assocratloc ,.oa-d have uten working on the Ordinance revisions, we had euuaed the beard and the BIA were aware of the City Council* direction to strengthen its existing tree removal procsau. Apparently, the word did not travel from your metbars to the Board and we regret that very web. In the future we will sake certain that the Building Industry Association is on our last for ordinance revisious waich ire being contemplated, if those revisions relate in any way to the Iodus.ry. At the time the Ordinance is considered, plAsse feel free to "press the vieva of the Asaocietico. you Bay site ccutact our• Coaa,nity Development Director to personally indicate any augjution■ you have tegardiag the Ordinance. Sincerely, /n D. Hikels Hcvor JDH /kep Enclosure P' /.39 f= -z 9I2:0-•611va B0AD.9urac • POSTOMCEBOxarl • gA.yCH000C,woSGA.CALIFO Mufino • ptg fe�sl: E C CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 11, 1985 TO: Chairman and Members of the Planning Commission FR04. Jack Lam, Community Development Director BY: Dan Coleman, Senior Planner SUBJECT: TREE PRESERVATION ORDINANCE REVISIONS I. ABSTRACT: In response to the City Council and Planning Commission concerns regarding tree preservation policies and tree removal 11. ANALYSIS: There are two basic issues with regard to tree preservation: I. The process whereby permits are issued, and 2. Preservation versus replacement of Eucalyptus windrows. The present ordinance does not require an application for a tree removal permit for a construction project prior to approval by the Planning Commission. Typically, the applicant puts off applying for a tree removal permit until shortly prior to construction Therefore, the ten day notjficatton and possibility of a lengthy app eat process before City Council can result in frustration for the applicant and the general public. With respect to the issue of whether Eucalyptus windnms should be saved or replaced, recent City Council direction follows Staffs recommendation in a 1980 report that Eucalyptus windrows be gradually replaced as development occurs with other varieties of Eucalyptus which will not cause as many problems a! the Blue Gum variety, yet still maintain the desired windrow chart.cte Tots is the policy established in the Etiwanda Specific Plan area PL,i4'l i'i5 CO' MISSI0'I S( = REPOR- Tree Preservation Ordinance Revisions September 11, 1995 Page 82 W] process, wmcn will run concurrenti with public hearings with tentative tract maps and design rev,aws. The intent here is to bring all issues to the forefront of the approval process. By reviewing all elements of a project up front, the public is made more aware of the related issues early on. it needs greater emphasis and c reviewed by the Historic Preservation Commission pursuant to Ordinance 70. The Historic Preservation Comidssior would forward recehmendations to the Planning Cbmmissior Historic trees will be listed in the Ordinance. Define City policy to Gradually reolace Blue Gum Eucalyptus windrows. As develoomenc occurs, Blue uums will be replaced with c eal ner, safer variety of Eucalyptus that will retain windrew character. This approach is consistent with replacement policy of Etiwanda Specific Plan. Strengthen fines for ille al tree removal. Emphasis placed on rep acerlenc w t mature trees rather can monetary fine. Trees removed in violation of the Tree Preservation Ordinance will require replacement with the largest nursery grown trees available. The intent is to make it more costly to violate the Ordinance than to comply and emphasize the significance the City places upon tree preservation: current process wh c�ys that the decision a� s -been made by Staff and people were notified to appeal the decision. In essence, the current process basically puts people on the defense and leads to confusion By placing the issue up front, we can work with the public regarding tteir concerns before a decision is made. e design of a project and the rationale behind any action taken th respect to the preservation, removal, or relocation of trees. L] lql C -9 aLANIMG CMISS10:1 STr REPORT Tree Preservation Ordi ante Revisions September 11, 1995 Page 03 LJ n Est abllshes n.nasures to ensure the rotes lion of existing trees to e reserved. A trees to be saved must be enC ased by a chain n ence rotor to grading permits and cannot be removed until construction IS complete. This will deal with past problems of construction crews not knowing which trees were to be saved. the reefs ions se[ orth standards for proper maintenance. 111. RECOMENDATION: It is recommended that the Planning Co miission review the report and provide Staff with direction in the following areas: 1. Tying the tree removal process into the development approval process; and 2. General consensus on a gradual Eucalyptus windrow replacement policy. With appropriate direction, Staff will set a public hearing on the draft Tree Preservation Ordinance revisions at the follawl,ig meeting. Respectfully sutmitted, Jack La o Comrinity Development Director JL:OC:cv Attachments: Draft Tree Preservation Ordinance 1 E -1F C 0� RESOLUTION ND. 85 -161 A RCSO.UTICN OF THE PLANNING COMMISSION OF THE CITY OF t RANCHO r.UCAMONGA, CALIFORIIIA, RECOMMENDING APPROVAL OF AMEN014ENTS TO CHAPTER 11.08 AND 19.08 OF RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY WHEREAS, the City Council and Planning Commission find it necessary to amend the tree preservation regvlations; and WHEREAS, the proposed amendments were reviewed by the Citizen Advisory Commission, Historic Preservation Con.nission and Building Industry Association; and WHEREAS, on the 23rd day of October, 1985, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code to consider said amendments. NOW, THEREFORE, OE IT RESOLVED: • I The Planning Commission hereby recommends that the City Council approve and adopt the proposed amendments. la 2. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. 'AFPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER, 1985. NG Cj ISSION OF THF& CITY OF RANCHO CUCAMONGA 143 i< Resolution No. Amendments �,nance to Tree Page 2 I. Jack Lam, Secretary of the Planning Commission of the City of Rancho Cucamonga, " hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at r regular meeting of the Planning Commission held on the 23rd day of October, 1985, by the following vote -to -wit: AYES: COMMISSIONERS: STOUT, CHITIEA, MCNIEL, REVEL NOES COMMISSIONERS: NONE ABSENT COMMISSICNEP.S: BARKER • ORDINANCE NO- 275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAEJNGA, CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY The City Council of the City of Rancho Cucamonga does ordain as fol lev3: SECTICH 11 Chapter 17.08, Title 17 of the Rancho Cucamonga Municipal Code is her�t� amended by adding Section 17.08.050 E.8 to read as follovs, Section 17.08.050 Absolute Policies E. Resource Protection S. The project contains trees protected by the Rancho Cucamonga Muniolpcl Code that are worthy of preservation( an application for 3 tree removal permit and report have been submitted and healthy tress are preserved through proper site planning and grading techniques. • SECTION 21 The Mayor 311311 3491 this Ordinance and the C!ty Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in Rile Daily Report, a newspaper of general circulation Published in the City of Ontario, California, and circulated in tho City of Rancho Cucamonga, California. PASSED, APPBOVED, and ADOPTED this 0 day of e, 190. ATM: NOES: ABSENT: ATTEST: 6 Beverly A. Authelet, City Clerk Joc D. Mikels, Mayor ORDINANCE N0. 276 AN ORDINANCE OF THE CITY COONCI( OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMMING CHAPTER 19.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY The City Ca1nci1 of the City of Rancho Cucamonga does ordain as follows: SECTION 11 Chapter 19.08, Title 19 of the Rancho Cucamonga Municipal Code is here repealed. SECTION 2s The Rancho Cucamonga Municipal Code is hereby mended by adding Chapter 19.08 thereto to read as attached hereto. SECTION 31 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at bast once in Th+ pally Report, a newspaper of general aircu•itlon published in the City of Ontario, California, and circulated in the City of' Rancho Cucamonga, California. PASSED. APPROVED, e d ADO,vTED Lhis a day of e, 19e. AYESt t10ES1 ABSEM ATTEST, Beverly A. Au hels , City Cler Jon D. Nikelo, Mayor `I I -I J CHAPTER 19.09 TREE PRESERVATION Section Mia.010 Purpose and Intent The eucalyptus palm, osk, sycamore, pine and other trees gmwing within the City of Rancho Cucamonga are natural aesthetic resource which help define the character of the City. Such trees are worthy of protection in order to preserve the scenic beauty, prevent soll erosion, provide shade, wind protection, screening arE counteract air pollution. It is pertinent to the public peace, harmony and welfare that such trees be protected from mdlscriminata cutthW or removal, especially where such trees are associated with a proposal for development. In particular, the Eucalyptus windrows are a unique cumulative value as a witdbreak system is a desirable res Of the existing windows are the Blue Gum Eucalyptus v and messy charactcristies become dangerous and a nu areas. Therefore, It is necessary to n piece the Blue appropriate variety of tree to protect the public health, yet still maintain the desired windrow character. It I chaoter to perpetuate a windbreak system through grac Blue Gum Eucalyptus windrows and expansion of the syst of new Spotted Gum Eucalyptus w;ndrows along the estal as development occurs. Inheritance whose ource. The majority ariety whose brittle lance In developed 0 Gum with a more safety and welfare, i the Intent of this ual replacement of sm through planting dished grid pattern, It is the Intent of this chapter to establisn regulations ter the preservation of heritage trees within the City of Rancho Cucamonga on private as wrll as public property In order to retain as many trees as possible consistent pith the purposa of this chapter and the reasonable economic enjoyment of said property. Section 19.08.020 Definitions For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used In thld chapter are defined m follows: A. "Heritage trim" shall mean any tree, shrub or plant which nests the following crlterla: 1. All Eucalyptus windrows) 2. All woody plants In excess of fifteen feet in height and having a single trunk circumference of fifteen inches or more, as measured twenty -four Inches from ground level; 3. Mu..l- trunks having a total circumrerence of thirty Inches or more, as measured twenty -four Inches from ground level; S. A stand of trees the nature of which mazes each dependent upon the others for survival; M7 S. Any other tree as may be deemed historicall,r or culturally significant by the City Planner because of size, conaition, location, . or aesthetic qualities. 6. Consideration shall be given to the presr•vation of trees which are fruit or nut bearing. 7. Commercial nursery stock shall be excluded from the provisions of this chapter. B. "Remove" shall Include any act which will cause a heritage tree to cue, Including but not limited to is which Inflict damage upon root systems, bark or other ps of tree by fire, application of toxic substances, operation of eq .pment or machinery, changing natural grade of land by excavation or filling the trip line area around the L—ink, or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes or other piercing objects. C. "Drip line" shall mean a line which may be drawn nn the ground around a tree directly under Its outermost branch tips and •.Ach identifies that location where rain water tends to drip from the tree. D. "Asuclated with a proposal for development* shall mean any land eras for which an application for a specific plan, variance, parcel m subdivision, davelopment/design review or a time extension thereof, or special or conditional use permit has been filed with and Is pending c,msideratlon by the City or has been approved but the related project or applicable phase thereof has not been completed. E. "Historic landmark" shall mean, for the purposes of this Ordinance, any tree designated as an Kon" landmark by City Council pursuant to Section 2.24.10J. Section 19.02.030 Permit Required A No person, firm or corporation shall cut down, move, destroy or remove any heritage tree within the City limits, Including an applicant for e building permit, without first obtaining a tree removal permit from the City Planner. B. No tree removal permit shall be issued for the removal tf any heritage tree on any lot associated •ith a proposal for development, unless the project has been agprovec by the City and a grading permit Werefor, If applicable to the project, has been issued, unless an emergency %,elver is granted p,csuant .o Section 19.08.110. C. No tree designated as a historic landmark shall be altered, cut down, moved, destroyed or ramoved by any person, firm or corporation without first obtaining a landmark alteration permit and tree removal permit. M8 Section 19.08.040 Permit Procedures A. Prior to the Issuance of such permit, the City Planner or designee shall inspect the site and shall clearly designate the 4 ens to be preserved. B. ,there an application for a Tree Removal Permit Is associated with a prop,7W for development, the City Planner shall complete his Investigation and make a report to the Planning Commission. The Planning Commission shall review the ,4se, and shall conduct a public heart,; where required. The Commission shall grant the request, grant the request tdth modification, :r deny the request. C. Subsequent to investigation, the City Planner or Planning Commission s:mli approve, conditionally approve or deny the application to cut down, remove, or move any heritage tree or trees. The City Planner or Planning Commission may Impose conditions deemed necessary to Implement the provisions of this article, Including, but not limited to, replacement of the removed or cut down tree or trees with tree(s) of species and quantity commensurate with the aesthetic value of the tree or trees cut dawn or removed; tree relocation to another site on the property, provided that the environment conditions of said new location are favorable to the survival of the tree, and provided further that such relocation Is accomplished by qualified landscape architect or qualified arbcrist. D. Where the trees In question are designated as a historic landmark, a request for a Tree Removal Permit shale be subject to review by the Historic Preservation Commission and landmark alteration permit procedure pursuant to Section 2.24.120. The action of the Historic Preservation Commission shall be forwarded to the Planning Commission. The tollowing trees are designated as historic landmarks: Victoria Avenue. 21 palm and 62 Eucalyptus streat trees facing Lots 13, TFMR`d7r09ik Hl Tract 5754, Block HI and Lots 1 and 2, Block J, Eitwanda Colony Lands (Designated 3/4/81 by Ordinance No. 138). Hlghtend Avenue. 41 palm and• 291 Eucalyptus street trees facing Lot- 15, 18, Block Et and Lots 1-4, Bloch 11, Etlwanda Colony Lands (Designated 4/1/31 by Ordinance No. 141). E. Tree removal permits shall be effective following the ten (10) dcy appeal period and shall be vat!d for a pariod of ninety (90) days, subject to extension. Where the tree removal permit is associated with a proposal for development, the ninety (90) days shell start from th3 date of Issuance of a grading permit r building permit, whicheve- comes first. Section 19.08.050 Protection of Rxist Tree Care shall be exercised by all Individuals, developers and contractors working near preserved trees so that no damage, occurs to said trees. All construction ® shall preserve and protect the health of :rues to remain, relocated trees, and new trees planted to replace those removed In accordance with the fallowing measures: 10 A. All trees to be saved sball be enclosed by a chain link fence prior to ti.e • Issuance of any gradng or building permit and prior to commencement of work. Fences are to remain In place during all phases of construction and may not be removed without the written consent of the City Planner until construction Is complete; and B. No substantial disruption or removal of the structural or absorptive roots Of any trey shall ba pereormed; and C. No fill material shell be placed within three (3) feet from the outer trunk circumference of any tree; and D. No fill materials shall be placed within the drip line of any tree In excess of eighteen (16) Inches In depth. This Is a guideline and Is subject to modification to meet the needs of Individual tree species as determined by a-i arborist or landscape architect; and E. No subttaitlal compaction of the soil within the drip line of any tree shall be undertaken= and F. No construction, including structures and welt, thct disrupts the root system shall be permitted. As a guldeline oo cutting of roots should occur within a distance equal to 3 1/2 times the trunk diameter, as measured at gr-3tmd level. Actual setback may very to meet the naeds of individual tree species as determined bj an arbGrtst or landscspo architect. Where some root removal Ls necessary, the tree crown m require thinning to prevent wind damage; and ay 0. Eucalyptus windrows to be preserved shall have adequate provisions for deep watering and limit surface watering within fifteen (15) feet of trunk; and H. The City Planner may :mpase such additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed w canrircnow w,n., W lM A wl„�1 td OI TIO!![ ,I.KJ4K11 A 01mAlU /Sal action 1208.000 Permit Application An application for a tree removal permit shall be filed with the City Planner on forms provided for the purpose. The City Planner shall require a tree removal permit application, together with any application for tentative subdivision maps or other proposal for urban development. The app:ication shall be submitted with a report which shall contain the following Information: A. A statement as to reasons for removal or relocation, B. The number, species, and size (circumference as measured twenty -four Inches from ground level) and height of tree, C. The location of all trees on site on a plot plan in relation to structures and improvements (e.g., streets, sidewalks, fences, s:opes, retaining wails, etc.). If the application is associated with a proposal for development, the location of all trees on site shall be plotted on a grading plan D. Photographs of the trees to be cut or relocated. E. If a tree I- proposed to be relocated, the relocation site shall be Identified and site preparation and relocation methods described, P. Proposed method of removal, G. The health of any tree declared diseased, in',stp or dying shall be verified by a written report of a qualified landscape architect licensed by the State of California or by a qualified arborist. Section 19.08.070 Criteria for Evaluating Permits Upon receipt of the application, the City Planner or designee shall investigate the site and evaluate the application on the basis of the following crlterlan A. The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or Interference with utility sendces; B. The necessity to remove a tree In order to construct Improvements which allow eccammia en)oym cat of the property; C. The number of trees existing in the neighborhood; and the etipet the removal would have on the established charac ter of the area ar,d the property values; D. Good forestry practices, that Is, the number of healthy mature trees a given parcel of land will support; E. Whether or not tho removal of the tree is necessary to construct required Improvements within the public street right-of-way or within a flood control or utlllty right -of -way; P. The suitability of the tree species for uss in an urban area; /s/ G. Whether or not the tree could be preserved by pruning and proper • maintenance or relocation rather than removal, H. Whether or not such tree(s) constitute a significant natural resource of the City, and L : "nether or not such trees are required to be preserved by any specific plan, "ommun)ty plan, condition of approval, or designation as historic landnark. The City Planner shall give priority to the Inspection of those requests based upon hazardous conditlons. The City Planner, or his or her designee, may refer any request to another department, committee, board, or the Planning Commission for a determination where It Is determined the application Involves unusual site development requirements or unique characteristics, or raises questions of policy suiztantialty more significant then generally pertain and which require Planning Commission consideration. Section 19.08.080 Tree Replacement Policy A. Blue Gum Eucalyptvs trees shall be graduslly replaced through planting of new Eucalyptus Maculata Spotted Gum) along the established grid pattern in 15 gallon size rrinlnum, spaced at a feet on center and properly staked, as development occur:. • B. Where wdsting Eucalyptus windrows are to bo removed, they shall be replaced with Eucalyptus M=ulata rSpotted Gum) in 15 gallon size minimum spaced at 8 feet on center and properly staked. C. Heritage tree removal shall require eeplarement with the largest nursery grown tree(s) available as determined by tha City Planner or Planning Commission. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a written report by a Landscape architect or arborlst on the feasibility of transplanting the tree. D. The City Planner or Planning CommWlon shall condition tree removal permit for replacement of tree(s) with: a specific time period and in accordance with the replacement policy established herein. E. To essist the City Planner or Planning Commission in making a determination, tha applicant for a tre) removal permit may submit an indepenawnt appraisal prepared by an horticulturist, arborist, or licensed landscape architect to determine the replacement value of the tree(s) to be removed. Such appraisal shall be boned upon the most recent edition of the "Guide for Establishing Valued of Trees and Other Plants ", prepared by the Council of Tree Landscape Appralsers. lJ 1151D Section 19.08.090 Permit — Notification Procedure • At least ten (10) days prior to making a dectsion, the City Planner or designee shall provide for public comment through nottee to the property owners adjoining the subject property that such tree removal permit was requested = and the results of the Investigation. Where a request for a tree removal permit is associated with a proposed for development, the public hearing notification required by Section 17.02.110 shall include a description of the tree removal permit request. Section 19.08.100 Appeal Procedure Any person aggrieved by the denial or approval of a trek removal permit shall be afforded recourse o[ appeal In the manner described below. The filing of an appeal shall automatically sittpend the permit Issued until action thereon Is ta!:en by the appropriate authority. In hearing such an appeal, the appeal body (Planning Commission or City Council) inay affirm, affirm In part, or reverse the previous determination on the tree removal permit. A. Administrative Decision. Appeals based on decisions by the City Planner may oe t..e en aggrieved party with the Planning Commission. Except as otherwise provided In this title. such appeal is to be filed with the secretary of the Planning CommisiaGn In writing, together with any appeal fee, within ten (10) calendar days of the decisive action. The Planning Commission may consider the matter and may affirm or reverse wholly or partly, the action whlal is In question. B. Planning Commission Decision. Appeal of a Planning Commimior, decision may be made by filing a written notice of appeal with the City Clerk, together with any appeal fee, within ten (10) calendar days following the Planning Commision's decision. The City Council will consider the matter and may affirm or reverse wholly or partly, the action which is In question. Secticts 19.08.110 Emerwency Waiver Where a tree Is determined by the City Planner or designee to be a dangerous condition requiring emergency acttoa to preserve the public health, safety and welfare, the permit requirement may be waived. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an Immediate threat to person or property, any member of the Foothill Fire Protection District may authorize the destruction or removal of such tree without securing a permit therefore. Section 19.08.120 Use of Explosives All persons engaged In felling or removing trees, and desirous of using explosives for this purpose within the City limits, shall first obtain approvals to use such explosives from the Building Division and the Foothill Fire Protection District which approval shall be noted c s Utn Tree Removal Permit prior to issuance of same by the City Planner or Planning Commission. In addition, the applicant shall furnish such bond or Insurance as shall be deemed necessuy for the protection of surrounding property from any possible damage which might result from such activity. /S3 Section 19.08.130 Tree Maintenance • A. The maintenance of trees standing upon priva�o or homeowner owned property shall be the responsibility of the owner or owners of those properties. B. Builders shall be required to prune, treat, and maintain existing trees and plant new ones In such a fashion that when the trees become City, association, or private property the trees will be free of various damage, pests, diseases, and dead branches. The trees shall be In good biological and aesthetic condition upon acceptance. C. To Insure adequate and uniform maintenance, Eucalyptus windrows should be maintained in a manner that preserves the aesthetics and history of the Eucalyptus windro as. as described In Section 19.08.100D. D. Pruning prior to transfer of maturo Eucalyptus windrows to the City, associations or private owners must be done by builders as follows: 1. Leaves, debris, Dead branches and suckers accumulated along the base of the windrow shall be removed periodically, or as may be necessary for reasons of public health and safety. Z. Dead or decaying breaches shall be removed, trunks stripped, and tree structure trimmed at least every four years or as may be necessary for reasons of public health and safety as well as aesthetics. • J. Trees should be trimmed to preserve their natural structure; the practice of "topping" the trees is prohibited. 4. Remove unsightly or poorly crotched limbs and heavily leaning branches. S. All cuts are to be made flush and/or In line with ,:roper arboricultural practices. 6. Dead, diseased, or dying trees sh, removed as may be necessary, and shall be replaced , 15 gallon Eucalyptus Maculata. E. Young Eucalyptus windrow trees shall be maintained, fertilized, and Irrigated as may be necesary to sustain them In healthy condition. Dead trees shall be replaced with same species of appropriate size; replacement trees need not exceed 15 gallon size. Section 19.08.140 Prnalt Violation of any section of this Article shall constitute a misdemeanor, punishable by a fine of not more thin $1,000 or by imprisonment not to exceed six (6) months, or both such fine and Imprisonment. Each tree removed In violation of this Article shall constitute a separate offense. S /S1% t t STAFF REPORT�O. A. �� 6 ; \fififi DATE: November 6, 1985 19n TO: Mayor and Member of the City Council FROM: Jack Lam, Community Development Director BY: Lisa Wininger, Assistant Planner SUBJECT: ENNIRO.v"NTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85 -040 WK N - request to amen the Lan Use Mao of Ile Genera an from Low Density Residential (2 -4 du /ac) to Medium Density Residential (4 -14 du /ac) for 13.55 acres of land located on the south side of Feron Boulevard between Archibald and Turner Avenues - APN 209 - 055 -02, 03, & 14 I. BACKGROUND: The applicant requested a General Plan Amendment from ow ens ty Residential (2 -4 du /ac) to Medium Density Residential (4 -14 du /ac) for a 13.55 acre site located in the North Town neighborhood of Rancho Cucamonga. A previous General Plan Amendment application for this site which requested an increase in density to Medium High Density Residential was denied by the City Council in June 1985. The attached Planning Comnission report provides more detailed information relative to this i:em. II PLANNING ann ,ZIISION ACTION: The major issues considered by the ng cnra ss on at the September 25, 1985 hearing were land use compatibility, consistency with the goals and policies of the General Plan and significant environmental impacts. A. Land use Cam atibillt The Planning Commission determined teat tie ocat ono a Medium Density site within an existing neighborhood which is predominently single family in nature could create significant land use incompatibility, particularly for proposed densities approach / -g 14 du /ac 6, tansistenc with the Goals & Policies of the General Plan: The arm ssion in care that the s to not meet t e eneral Plan siting criteria for Medium Density development since the property is not adjacent to a major or secondary thoroughfare, transit route, services, or activity centers. Additionally, the Commission stated that the location of this project to a single family ieighborhood does not provide an adequate transition of density. 1156- CITY COUNCIL STAFF R9 AT GPA 85 -04D - HAWKINS November 6, 1985 Page 2 C. Environmental I acts: Potential in9r:ts exist in the areas of transportat on, by rology, public services and noise. Since the Commission recotmenoed denial of the amendment, a determination of the significance of environmental impacts was not required. Approval of the proposed amendment would require an determined, at determination. stateo niofoverridings consideration impacts would are required prior to approval of the General Plan Amendment. The September 25, 1985 Planning Comission minutes relative to this item are attached for your review. III. RECOMMENDATION: The Planning Commission recoraaends denial of the enera an Amendment. If the City Council concurs, adoption of the attached Resolution of Denial would be appropriate. ^ Respe tfully unitt� Jack Lam, AICP Comounity Development Director JL:L4:ko Attachments: Planning Commission Staff Report, September 25, 1985 Planning Commission Minutes, September 25, 1585 Resolution of Denial /v • 0 E • r-) C C CITY OF RANCIIO CUCA.\IONGA STAFF REPORT m I �j,} U1 i> DATE: September 25, 1985 TO: Chairman and Members of the Planning Commission FROM: Jack Lam, AICP, Community Development Director BY: Lisa A. Mininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AYENDHENT 85 -040 A request to amen the an Use Map of the ueneral Plan from Low Density Residential (2-4 du /ac) to Medium Density Residential (4 -14 du /ac) for 13.55 acres of land located on the south side of Feron Blvd. between Archibald and Turner. APN: 209 - 055 -02, 03, 14. 1. ABSTRACT: A General Plan Amendment is requested from Low Density eRTUentfal to Medium Density Residential for a 13.5 acre site located in the North Town neighborhood of Rancho Cucamonga (see Exhibit A). The applicant previously requested a General Plan Amendment to Medium -High Density Residential and was denied by the Planning Commission and the City Council. An Environmental Impact. Report was prepared for the earlier General Plan Amendment request which included a detailed discussion of the impacts of a Medrtm Density Residential alternative. At the August 28, 1985, Planning Commission meeting, it was determined that the discussion of Medium ^ensity impacts in the EIR was adequate for use in reviewing this application. At this meeting, the rommission will determine the existence of significant environmental irpacts associated with the amendment, if any, take public input, and consider the General Plan Amendment. il. BACKGROUND: The project applicant, John Harkins, has requested a Tennera an Amendment from Low Density Residential (2 -4 du /ac) to Medium Density Residential (4 -14 du /ac). In 1984, the applicant submitted a request for General Plan Amendment 84 -03A from Low to hedium High Density Residential. After the preparation of an EIR required by the Commission, it was determined that the aeproval of the application would create significant environmental impacts which could not be mitigated. The Amendment was denied by the Commission, appealed to the Council, and to June 1985, denied by the Council. The applicant has resubmitted at a lower density -ange and the Commission has determined that the discussion of Radium Density impacts in the EIR for GPA 84 -03A is adequate in evaluating the new application. 115 '? ITEM K Fin PLANNING COMMISSIO',( ,rAFF REPORT September 25, 1985 GPA 85 -04D - Hawkins Page 2 III. PROJECT AND SITE DESCRIPTION: A. Action Re nested: Review of the environmental impacts Brscu!%ea in the EIR and consideration of the General Plan Amendment. B. Location. South side of Feron Blvd. between Archibald and urnT er.— C. Parcel Size: 13.55 acres D. Existing Zoning: Low Density Residential E. Existing Land Use: Vacant F. Surroundin Land Uses and Zoning: Nart aic o ucamonga -Middle chool, designated Low Density Residential South: AT & SF Railroad right of way and winery, designated Industrial Specific Plan Last: Single family homes, oeslgnated Low Density Residential Hest: Single family homes, designated Low Density Residential G. Surroundin General Plan Des1 nations: ort ow ensity es ent a South: General Industrial (Industrial Specific Plan) East: Low Density Residential West: Law Density Residential H. Site Character istics• The site lies at the terminus of a drainage c anne w_rth s small drainage course traversing the center of the site to a north -south direction. A large portion of the site Ices within the 1DO year flood plain and 1s subject to periodic flooding. Vegetation consists of a row of eucalyptus trees along Feron, scattered trees, shrubs and assorted weeds and grasses. Feron Blvd. provides direct access to the site, rith Main Street dead - ending into the site on the east and west property boundaries. IV. ENYIRONMENTAL ANALYSIS: The Final EIR for General Plan en rent A discusses potential environmental impacts for four alternative land uses - Low, Low - Medium, Medium and Mixed use. The discussion of Medium Density Residential focuses on General Plan consistency and potential impacts in the areas of transportation, hydrology, public services, and noise. An excerpt of the EIR discussing the Medium Density alternative is attached. • 1150 • PLANNING COKMISSIOt ,TVF REPORT September 25, 1985 GPA 85 -040 - Hawkins Page 3 A. General Plan Consistency: As the EIR states, the General Plan describes s the Medium Density classification of a -14 du /ac as allowing a range of unit types, from single family homes at the low end of the range to townhemes at the higher end. At the low end of the range, development would be appropriate adjacent to lower density development. At the higher end of the range, development would be more appropriately located adjacent to parks, along transit routes and major secondary thoroughfares, and near activity centers. Although Medium Density ranges frog 4 to 14 du /ac, of the several Medium Density projects in the area, all have been developed at the higher and of the range, adjacent to major thoroughfares, transit routes and services. With th accompanying Development District Amendment to Medium Density, which the Applicant indicates he will request if the GFA is approved, the development range is actually 8 -14 du /ac, thus eliminating the lower end of the development range and reducing the possibility that a less intense product will be constructed. The EIR states that although the Medium Density Residential alternative is feasible and is consistent with housing related goals, development at the higher end of the range would be Inconsistent with siting requirements in the General Plan which recommends locating Medium Density Residential adjacent to major thoroughfares, transit and services. Therefore. the Medium Density alternative was not considered as appropriate a designation as Low- Medium density development for the proje•t site. B. Potential Inaacts: Trans ortation: Development In the Medium Density range could resu t n an additional 1350 trips per day distributed between Feron and /or Main Streets. Additionally, impact at the intersection of Feron and /or Main with Archibald could result in a decreased level of circulation efficiency. The EIR states that circulation impacts could be mitigated through on and off site improvements. H drolo : The site is subject to 100 year floods, in addition to Periodic flooding due to lack of storm drains in the area. In order to mitigate this Impact, major on and off site flood control improvements would be required of the developer. Public Servic- :: Development of the project at an increased density tai y epraseti!s i cumulative impact upon the provision of V fire, police and school services. Although any development of /59 PLAN1I11G C0:4MISSIOM.rAFF REPORT September 25, 1985 GPA 85 -040 - Hawkins Fage 4 the site would receive service in these areas, at present, f ire, police and school services have reached or are aprroaching capacity and will require expansion to adequately service new development in the City. Noise: The project site is currently impacted by noise from the railroad line along its southern property line which could expose residents to unacceptable levels of noise and vibration. However, the EIR states that appropriate mit.gation measures such as sound attenuation barriers and building orientation could reduce this impact to an acceptable level. These measures would be incorporated through the review and building permit processes. C. Environmental Determination: Based on are potentially significant, alth06g mitigated to a level of insignificance are cumulative in nature and, when devel ,)pment in the area, could repre The discussion of development suitab development in the lower end of the Mm be compatible with the existing neig the higher end of the range probably create a significant lsnd use impac determine the significance of the envi General Plan Amendment Should any determined, adoption of a statement of would be required prior to project apps the analysis of Medium I transpnrtation impacts the Impacts could be Publi- service impacts considered with other ant significant impact. lity states that while 116m Censity range could tonccc,d, developmens at would not tahi:h could be Co�.mission will �onmental impacts of the significant impacts be Overriding consideration V. GENERAL PLAN AMENDMENT ANALYSIS: The major issues to be considered regarding this ap- 1TEaIon are land use corvotibVity of the proposed density with ;xisting development, consistency with the goals and policies of the General Plan, and significant environme,ttal impacts. Since the Medium Density range is broad (c -14 du /ac), and at the General Plan Amendment level the applicant is not required to request a specific density, the amendment must be considered In terms of eny density within the range. While development in the range of 4 -8 du /ac would probably be compatible with the surrounding area, development in the higher 8 -14 du /ac range could be incompatible with the existing predominantly single family nature of the neighborho-id. At this range, develormen` auld probably occur in a multifamily townhome or stackeu flat arrangement. Development of the site in the high end of the Medium Density 160 is fe PLANNIRG CO`NISSIO; ,rAFF REPORT Sept.mber e5, 1985 GPA 85 -04D - Hawkins Page 5 range would be inconsistent with General Plan criteria for siting Medium Density projects adjacent to parks and open space, along transit routes and major and secondary thoroughfares, and near activity centers. Often Medium Density development in the low to mid- density range can serve as a buffer between Low Density development and commercial activities and areas of higher density. The project site, however is located in a single family residential neighborhood, adjacent to a school and separated from the industrial area by the railroad right of way. Based on the above discussion, it appears that the project site is onl/ marginally suitable for development to the fullest extent possible in the Medium Density Residential category. As discussed in the previous General Plan Amendment hearing for this site, the most appropriate alternative was Low - Medium Density Residential (4 -9 du /ac). Increasing densities above 8 units per acre could significantly affect the existing neighborhood and create inconsistencies with the General Plan. VI FACTS FOR FINDINGS• Should the Commission, upon examination of the General PlaR—raiendmipit, determine that the change from Low Density Residential to Medium Density Residential would promote the land use goals of the General Plan, and that t F7_, Am(:ndment would not be materially injurious to the adjacent properties, the ToTTowfn'g fiidings are necessary gn approval: A The Amendment does not conflict with the Land Use Policies of tFc General Plan, 4nd; b. The Amendment promotes goals of the Land Use Element, and; c. The Amendment Id not be materially injurious to the adjacent properties. VII. tORRESPONDENCE: This item has been advertised as a public hearing nT'- fhe-DTT -Re ort and notices were sent to all property owners wit n ee d the boundary of the proposed project, in addition t. other Interested area residents. A 4 foot by 8 foot supplemental notification sign has also been erec*, on -site. Vill RECOMMENDATION: Based on the above analysis, Staff recommends en a o e General Plan Amendment an the grounds that the requ reu r'ndings cannot be met. Should the Commission concur with Staff's recommendation, approval of tht attached resolution denying General Plan Amendment 85 -040 would )e appropriate. Should the Commission determine that the I facts •'or finding can be met, a resolution rectmaending approval iP PLAWI[NG CWtNISSIOIJ. r4FF REPORT September 25, 1985 GPA 85 -040 - Hawkins Page b 40 of the General Plan Amendment to the City Council is also attached. if the Commission firls that the proposed land use change creates significant environmental imact(s), a Statement of Overriding Consideration must be adopted orior to approval of the project. tfully pub2itttd, Community Development Director JL:LAU:das Attachments: Exhibit •A• - Vicinity Hap Excerpt from EIR for GPA 84 -03A Resolution of Denial Resolution of Approval • 1 /6.-;L ■ I MEDIUM I SCHOOL SITE 71\ , _ J {ulo•�,A r XX —� :.' i b` w `--- GENERAL INDUSTRIAL GENERAL FLAN DESIGNATIONS n�RTri CITY OF rrcan 6P4 9—'(mc ® RANCHO GUCAMCXNGA TnU, ) 14 map PLANNING DIVLSM ExHI[llT, a SCALE' 43 il: '3_034 96 LOU- HEDIDH DENSITY RESIDENTIAL This alternative would increase the density allowed on ttu site to a density of 4 -8 dwelling units per sere. Thin would allow 55 -108 single -family detached, attached, or multi -family units. Low- nediun res:dential 1e defined in the Ceceral Plan as `characterized by residential densities somewhat greater that the low - density residential group. With gross densities averaging between 4 -8 dwelling units per acre, considerably more housing types may be coed, including tynicel single family, single family zero lot line, duplex, and under certain conditiocs up to 4 -6 tuwmlouse -type units.' This donaity catogory is considered appropriate within low - density areas to encourage greater houslra- diversity without chsa;iog the single - family character of the surrounding residential neighborhood Development under this category would occur at a similar density an existing densities an adjacent properties. (Exhibit 5, page 14). The density category would be slightly lover than recently approved medium density projects located along peripheral arterials near Turner Avenue and Arrow Route and at the corner of Peron Boulevard and Archibald Avenue. Locating low - medium residential on this site would be consistent with the intent of the recent approval of Tentative Tract 11915 (Table 1.-1, psge 9). This approval places low - medium density patio hoses (6.9 dwelling wits per acre) adjacent tt lover density homes on 26th Stceet. The patio homes will serve as a transition decsity between existing North Tow residences and a 322 -sift medium density project approved at Turner Avenue and Arrow Route at a density of 13.3 dwelling units per acre. This alternative is feasible. Overall, it is environmentally superior to the proposed project. As show on the Alternative Summary Chart, this alternative project mold generate less traffic and air pollutants, result in a lover increase in population, and rosulz in a lesser demand for pxblie services and park/recreational facilities than the project. It Is consistent with the goals end policies of the General Plan and Development Coda. It is compatible with aurromdioa densities. This alternative would increase the density allowed on the site to a density of 4 -14 dwelling units per acre. This would allow 55-190 single family detached, attached, or multi - family units. Y.edium density residential to defaced in the General Plan as a E /� y C 97 "Classification which allow a range of living accommodations ranging from conventional single- family units and nubile homes to townhouses. Building intensity at the lover and of the range would be appropriate adjacent to low and very low density residential areas. Housing types would still be cLaracterized primarily by detached housing unite. Building intensity at the higher end of the range is more appropriate adjacent to parks and other open spaces, along transit routes and major secondary thoroughfares, and near activity centers ... Development of this level of intensity would normally be semi- detached or attached units.' Medium density residential can also serve as a buffer between low density realdontial areas and areas of higher density, commercial activities, and areas of greater traffic and noise 1e7els. Development according to this designation could occur at a similar or higher density than adjacent properties. Building at the lover end of the range would produce a residential product similar in density and build.ag type as surrounding properties. Development toward the higher and of the range would be more dense than the existing neighborhood (Exhibit S, page 14). She residential product type is would be some type of zero lot line, attached or semi - attached, townhome, or stacked flat product. E. Several medium density projects at the higher and of the range have recently been approved near the project site (Sable A -1, page 9; Exhibit S, page 14). Several of these projects are adjacent to the areas which are designated low - density but have actual densities In the low- tedium range. These medium- density projects are also adjacent to major thoroughfares, transit, and services. In several cases they e.rva to buffer the lover density residential areas from heavily traveled streets. She site appears to be only moderately suited for development at the highest and of the range. The project site Is not adjacent to a major thoroughfare as arm all nedlum- density projects In the area. Howavar, it can take access from a secondary thoroughfare (Tuner Avenue) and is only a quarter mile fns Archibald Avenue which in designated a Local Transit Route in the Central Plan. The site is not adjacent to recall servlres. The nearest area designated on the General Plan for commercial is about 1/2 mile to the north at Artois Route and Turner Avenue, However, there 1e a tall existing neighborhood store at Turner Avenue and 27th Street on a lot designated on the Central Plan for residential uses. pS I The site is In Close proximity facilities (Exhibit 6, page 16). street and the elementary school Archibald Avenuc. 98 - • to both elementary and middle school The middle school is directly across the Is about .4 mile walking distance on There era inadequate urk facilities 1, the area. However, the City is actively pursuing development of a park is the North Tow area. One site under coaslderatiou is a portion of the school grounds across Peron Boulevard from the site. The park Is expected to be heavily used with nighttime use of ballfields. Nedium- density would appear to be an appropriate density adjacent to an active park. The site is adjacent to heavily -used railroad tracks. A medium density designation would allow greater flexibility in designing s site plan which would provide both adequate safeguards for ansite residents and buffering for the school and residential uses across Peron Boulevard. This alternative Is fusible. Overall, it is environmentally superior to the proposed project. As abe" on the Alternative Summary Chart, this alternative weld generate less traffic. and air pollutants, result in a lower increase In population, and result in a lesser demand for public services and park/mcreationsl facilities than the proposed project. This alternative Is consistent with houslag- ralated goals and policies of the General Plan. Development at the lower and of the density range would be similar in density and building type as surrounding properties. Development at the lower end of the range would essentially be lowvadium residential. Development at the higher and of the range (9 -14 dwelling units per acre) wnid be, in part, consistent with the intent and definition of the Medium Density Residential designation. Reviver, It would be inconsistent with certain siting criteria in the General Plan which recoaaands locating aedime density residential adjacent 'to "Joe throughfares, transit, and services. Therefore, this alternative is not as appropriate a designation for the site as lcv sdita density residential as discussed above. MLUD -USE ALTERNATIVE This alternative would consist of 10.5 acres of low- madlum residential development at 4 - 8 units per acre (42 -84 units); 20,000 - 10,000 square feat of neighborhood commercial and community service uses on &Lout 2 acres; and a one acre park/central plaza. Exhibit 14 Illustrates a conceptual depiction of the alternative. Essentially, the site would be developed around a central plain that would serve as the focus of the project. Neighborhood commercial and community service uses would be constructed around the playa. Lev- Density Residential would be located /6 � i E • E C AFYIDAVIT OF HAILWG C 11 ,T411 -t- sail clerk for the City of Rancho CucasonSa, do hereby wear that ca a�, 198) at approriutely o'clock (a.m. p.s.) I depositad in the CueuoaBa Branch of the Voiced States Bost Office located at 9607 Business Cents- :.`rive, a letter Mdressed to and regarding PUBLIC I1c.AAING CITY (jUNCIL MEETING 11/6/85 7:30 PH ENVIR011E1(IAL ASSESSMENT AND GENERAL PLAN A E110 ENT 85 -04D - NANKINGS SEE ATTACHED LABELS Sisceds `~47 \ /A Date: S (return to C+tr -eht* oOffiee, after signing) rtat: ^e. 6 .nnette rtipi C 63.: ,.r:,ioalo ANe Yawl, .3e a - Rancno Cucamonga, CA 91730 1495 Ec emll Or, D Pw -cna. CA 91767 : '.r :- 614 ^Taraval'St 0:09. 031 -45 0209- 061 -10 San Francisco, CA 94,15 -0209- 061 -32 Charles Hofgaarden Raymond S Romelia Sanchez 3115 Coyne Pd 10989 Cypress Ave. Esperanza Stewart - Pasadena, CA 91107 Fontana, CA 92335 11732 flapledale St. 0209 - 031 -40 0209- 061 -11 Ilorwalk, CA 90630. 0209 - 061 -33 Sebastian Filpf Simons Diaz 8810 Archibald Avenue 8826 Reed St Don E Drucella Harrison Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 8859 Archibald Ave. 0209- 031 -7; 0209- 061 -14 Cucamonga, 0209h0620 CA 91730 Mary 2 919 East ast Olive Adeline d John Martinez Santa Fe Land Improvement C Upland, Ca 91785 968 Songbird Lane 5200 E. Sheila St.Rm316 0209- 061 -01 Bonita, CA 92009 Los Angeles, CA 90040 0209- 061 -15 0209 - 062 -02 Rafael R Severiana Salcedo Elizabeth Kelly 97')Q-llain St. - Topeka Atchisdn,Santa Fe RR 9465 Wilshire Blvd. 110 203 Rancho Cucamonga, CA 91730 8897 Archibald AVe Beverly Hills, CA 90212 0209- 061 -16 Rancho Cucamonga, CA 0209- 061 -03 0209 - 062 -03 Alfonso Navarro 1225 Snerl don Avenue Dionisio 6 Maria Herrera Topeka Atchison d Santa FE ! Pomona, CA 91767 P.O. Box 634 -� • 0209- 061 -04 Rancho Cucamnnga, CA 91730 0209 - 061 -17 Tilo Gallardo 8214 llalacnfto Ave Pauline 8onillas Rancho Cucamonga, CA 91730 Margaret Horeno 9722 Main St. John Oickerman 9838 E. Gaines 0209 - 061 -06 Rancho Cucamonga, CA 91730 Or. Temple City, CA 91780 0209 - 061 -21 ^209 - 062 -05 John d Virginia Anguiano y Val�z 9747 Feron St. 9 Ea Olive' Rancho Cucamonga, CA 91730 _ Up la CA 91786 Mateo Sanchez 0209 - 061 -07 4, 9819 Main St. 0 - 06� -22 Rancho Cucamonga, C1; 9173Q 0209- 062 -06 Angela Gutierrez 9755 FErcn Blvd. international Church /Foursq. Gos John Maldonaldo Rancho Cucamonga, CA 91730 1100 Glendale Blvd, Los Angeles, CA r 829 Main St 0209- 061 -08 90026 Rancho Cucamonga, CA 91730 0209.061 -28 0209 - Of2-07 Susan Gomez 1346 W. Princeton Ontario, CA 91762 ® 0209 - 061 -09 Paul, Joe Lopez 1495 Edgehill Dr. Porlu� Virgil L Paula Navarette 745 Rosewood Ct. Ontario, CA 91762 01,09- 061 -29 Ilatividad Oarnrs i 3813 Baldwln Apt 4 Los Angeles, CA 9002 0209- 061 -31 i (a Carreen 6 Eloise Hernandez 9833 Main St. Rancho Cucamonga, CA 91730 0209 - 062 -08 Jesus and Ilargarita Ayala Rancho Cuc�nga, Ca 91730 0209- 062 -09 Ai'2rc 3 Sasan FasstJ Davic -nu „ucy " .-;af t9 / r.,• .,� _ - -lama o735 Lcn::n l 9SEO Fer -n 51va ` 7Z:i�.2 �s ?r -a1 rJ Rancho Cucr -,a, CA 91730 ' Rancho Cuc::cng3, Ca 91730/ Rancho C.cranga, C.. 917: 0209- 051 -13 0209 -05202 02C9- 052 -i3 Frank d Irene Zamora 8700 London Avenue Rancho Cucamonga, CA 91730 0209 - 051 -19 Rafael b Eleanor Torres 6710 London Avenue Rancho Cucamonga, CA 91730/ 0209 - 051 -20 William 6 Hattie Scott 1017 Wingate Covina, CA 91724-" 0209- 051 -21 Roland S Carmen Aleman 8730 London Ave Rancho Cucamonga, CA 917301" 0205- 051.22 Frank 6 Carolina Condren 5140 London Ave Rancho Cucamonga, CA 91730 0209 - 651023 Sabina and luadalupe Lucero 9870 Feron blvd rancho Cucam.nga, Ca 91730 0209- 052 -03 Lara Rafael 9860 Feron Blvd Rancho Cucamonga, Ca 91730 0209- 052 -04 Solomon 8 Pauline Toki 9850 Feroo Blvd. Rancho Cucamonga, Ca 91730 0209 - 052 -05 Mark 6 Nancy flay 9840 Feron Blvd Rancho Cucamonga, Ca 91730 0209- 05246 Tranquilino and Aurelia Altlnirano 98:,0 Feron Ra•icho Cucamonga, Ca 91730, 0109- 052 -07 Enrique 6 Guadalupe Mirelez Oionicio and Consuelo Anno 8750 London Ave. 9635 Jersey Blvd. Rancho Cucamonga, CA 91130." 0209- 051 -24 Rancho Cucamonga, CA 91730 0109 - 052 -08 Valdo d CPpriana Sanzibanez 8760 Landon Ave. Rancho Cucamonga, CA 917301"' Craig 6 Beverly Nelson 0209 - 051 -24 6051 Falling Tree Rancho Cucamonga, CA 91701.1 0209- 052 -09 Catalina Montez Victor 6 Maria Covarrubias 8770 London Avenue 9855 Jersey Blvd. Rancho Cucamonga, Ca 91730 Rancho Cucamonga, CA 91730 0209 - 051 -26 0209- 052 -10 Armando d Rosalinda Mirelez James S Nancy Raymond 8780 London Avenue 9865 Jersey Blvd. Rancho Cucamonga, CA 91730 .� Rancho Cucamon -,d, CA 91730 0209 - 051 -27 0209- 052 -11 Marceline d Gilberta Ramirez 9890 Ferran Blvd. Federal National Mortgage Assn. Rancho Cucamonga, Ca 91739 Fourth 8 Blanchard Bldg. 0209 -052 -01 Seattle, WA 98121 0209- 052 -12 / q Clyde '4 goner 24042 Rotunda Rd Valencia, CA 91335 0209 - 052 -14 - Ernesto d Amalia Franco 9895 (fain St Rancho Cucamonga, CA 917 0209 - 062 -17 Arthur 6 La Vern Ayala 8203 Archibald Ave Rancho Cucamonga, CA 917' U09- 062 -19 6enita Vasquez 8470 Edwin St. Rancho Cucamonga, CA 917 0203. 063 -04 George Campa 2015 S. Cypress • Ontario, CA 91761 0209 - 063 -05 Manuel & Severa Gonzales 9649 Feron Rd Rancho Cucamonga, CA 917' 0209 - 063 -06 Vidal lieza 9859 Feron Blvd. Rancho Cucamonga, CA 917 0209 - 063 -07 Silbestre and Altagracia Navarro 9865 Feron St. Rancho Cucamonga, CA 917 0269- 063 -09 Andy 6 Trisha Ledesma 9877 Feron St. Rancho Cucamonga, CA 917 0209- 063 -10 9 Arcadia Luna 1033 S Bonview Ontario, CA 91761 :0209- 063 -11 - dr- engelco Apcdc za IL o ..e%, 5b"'a ::-e-/ - :]line ZEDS fercn 85:1 Relc Avenue 9a_., -e -sej CI "I Cucamonga, CA 91730 Rancno Cucamonga, CA 91730 Rancno C�c:mong:, CA 9173 0209- 051 -07 Man L Simona Apodaca Virgil 6 Paula Havarrete Ramon E Jennie .scJbdr e 15 Reid Avenue 745 Rosewood Ct 8725 Pasito Ave - Rancho Cucamonga, CA. 91730 Ontario, CA 91762 Rancho Cucamonga., CA 917130 0209 - 051 -08 - Hers�Rq eldo Apodaca Theresa Holguin Raymond a Alice Jimenez 8805 Fer 9739 Eighth Street 8115 Pasito Ave Ranch ae .4a CA 91730 Rancho Cucamonga, CA 91730 Rancho Cucemonga, CA 917: 0209 - 051 -ua Maria E Francisco Oliva Alice Johnson Elias S Rita Salas P.0 Box 392 9747 80 Street 8705 Pasito Ave. Rancho Cucamonga, CA 91701 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 917: 0209 - 051 -10 Antonio E Angelina Hernanc Ben Vasque Richard & Fay Zuccato X700 Pasito Avenue 8470 E treet 9725 Eighth Street Rancho Cucamonga, CA 9173 Ranch6-Cucam ga, CA 91,730 Rancho Cucamonga, CA 91730 0209- 051 -11 Geo a Ter 'a Beulah Y.anawyer Albert S Virginia Garcia 15 S ess 16451 Rhone Lane 8710 Pasito St. o, CA 1 4 Huntington Beach, CA 92647 Rancho Cucamonga, CA 9172 0209- 051 -12 Prado Silveria d Harge .alder 8111 Jimenez Jose d Maria Tanez P 0. Box 3352 722 Portillo 8720 Pasito Ave. Ontario, CA 91761 Upland, CA 91786 Rancho Cucamonga, CA 917- 0209- 051 -13 Luce L Refugia Olvera Ernest E Christine Espinosa Gilbert a Amelia Gonzalez 9830 Hain Street 8710 Ramona Ave. 9580 Jersey Blvd. Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 917: 0209 - 051 -03 0209 - 051 -14 Nary L Henrietta Bustos Raymond 8 Esther Montalvo Arnold a Stella Urtiaga P.O. Box 366 8720 Ramona Avenue 9840 Jersey Blvd. Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730-- Rancho Cucamonga CA 917. 0209- 051 -04 0 209 - 051 -15 Gilbert Munoz Arturo b Lupe Salinas Mile Stone 9814 Bain Street 8730 Ramona Ave P.O. Box 341 Rancho Cucamonga, CA 91730 RaoLno 'I-camonga, CA 0.09 -05..3 91730i Rancho Cucamonga, CA 911 0209- 051 -16 oionisto Herrera Joe d IWry Leyva Maria Hall Maria Pacillas 9890 Jersey Blvd. 0715 London Ave. P.O. Box 634 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 0209- 051 -06 91730 -� Rancho Cucamonga, CA 9173( / %Z +0209- 051 -17 re.e 5. Tra vagifa ! P 0 201 107 l Jes.: 5 � i-i "ar:iraz / .-_.,- ' RancnO C4csmcrga, CA 91730 1663 c Pr•rce::n l Ontarne, CA 9176 •3 .• __ Rar,c C- 209 - 035 -01 :o :!-cr.;!. _A 917 Logia Felipi Angeles of Cucamonga in Santiago E Jessie Rubacalva David b Stella Olagu� 1364E 9th St. Upland, CA 10151 26th Rancho Cucamonga. CA 91736 10186 25 h Rancho Cucamonga, CA 917 91786 T09- 085 -04 Jeannie a Lary Pontez 8183 Ramona Viicent b Geraldine Martinez Albina S Pilar Vunez Ra.cho Cucamonga, CA 91730 209- 085 -07 8572 Cadet Rancho Cucamonga, CA 91730 10154 24th Rancho :ucamanga, CA 91- Ausustin d Guadalupe Itartlnez 8824 Turner Ave. Francisco L Luisa Martinez Jesus Hernandez Rancho Cucamonga, rA 91730 209 - 085 -08 10173 26th Rancho Cucamonga, CA 91730 10185 25th Rancho Cucamonga, CA 917. Eloisa d Albert Tello Jesus Martinez Ruben 'i P 0 Box 202 RanchorCucamonga, CA 91730 IM81 26th Rancho Cucamonga, CA 91730 res 10187 - R 209 - 08.•09 o Cucamc CA 917; George L Robert Minilarez Ernest F. Izzo David a 12011 Center St. 02 10131 26th Olagues 10186 25 Southgate. CA 90280 209- 085 -10 Rancho Cucamonga, CA 91730 Ranc acamon CA�7' Joe d Espera.nza Gonzales 10017 ttaf St Jesus d Juanita Gonzales John Iartinez d Juan Becet Rancho Cuo.m0r.9a, CA 91730 209 - 085 -12 10142 25th Rancho Cucamonga, CA 91730 13957 Oaventry St. Pacoima, CA 91331 Marie d Rafaela Villarreal 10065 Hain St. Anthony Ledesma Petra L. Montecino Rancho Cucamcnga, CA 91730 209- 065 -17 P.O. Box 386 Rancho Cucamonga, CA 91730 10141 25th Rancho Cucamonga, CA 917 Careen Sanchez $808 Turner Anthony d Elsie Ledesma Juan d Ofelia Aguilar Rancho Cucamonga, CA 91730 2- 9- 085 -18 10134 25th Rancho Cucamonga, CA 91730 10147 25th Rancho Cucamonga, CA 917' John, d Monica Padillo 10109 26th Eustolia Casillas Victoria d Marion Cardena Rancho Cucamonga, CA 91730 Yolanda Sanchez 529 E "J" Street 10226 24th Ontario, CA 91764 Rancho Cucamonga, CA�17 Andres b Wria Mungia 10135 26th Severo 8 Celia Martinez Esther Lopez Rancho Cucamonga, CA 91730 Box 271 Rancho Cucamonga, CA seydale 91730 /7/ ' 1 Montebel o. CA ;133 Fero _r1,7n 3333 rn St i Ranc ^o C.c=nga, CA 91::0 0203 - 063 -12 • Jose Ramirez 9696 train St. Rancho Cucamonga, CA 91730 0209 - 063 -13 Raymond 3 Joan Nickerson 9690 lain St Rancho Cucamonga, CA 91730 0209- 00-14 Ezi4uio 6 Marta Garcia 9882 Hain St. Rancho Cucamonga, CA 91730 0209- 063 -15 Joe d Trinidad Lopez 9874 (lain St. Rancho Cucamonga, CA 91730 0209- 063 -16 Margaret Gonzales 9866 train St. Rancho Cucamonga, CA 91730 0209 - 063 -17 Aurelia Arias 9859 Hain St. Rancho Cucamonga, CA 91733 OZ09- 063 -1b Emelio b Frecia Amparan 9850 Main St. Rancho Cucamonga, CA 91730 6209- 063 -19 Miguel d Edith Espinoza 9846 Main St. Rancho Cucamonga, CA 91730 0209- 063 -20 Prado Silveria /tiarye Calder P.O. Box 3352 Ontario. CA 91761 0209- 063 -21 Y p MN 1 1 i 1 Yy 1 Joe 3 Ar:o -ij ,,,males 110 S Cran-e Azusa, CA 91:02 i C : COmt0lssioner Peel stated that he was not concerned with the density, and was sprry the appl: cant decided not to develop a mobilehome park. lie advised that One thing that is needed in the City is more mobiih home parks to provide cMetition for the few which currently exist. Further, the amount .of_ transition is there to allow the higher density. Chairman Stout stated in the last few months +here has been a tot of .Discussion abrat multiple family housing in the Citi and that the General Plan has been reliq,,c sly been defenoed in its attempt ti make a balanced type of housing evadable throughout the C9ty. He advised tket he could se: no reason to increase the density if that balance establishes by the General Plan is correct. Further, that if a piece of ground could be tw..' rich was properly zoned for it, this project would be an asset to vie City. He additionally stated that because of sensitivity of transition areas to south this project could be structured to provide high density to the north and lower density to the south, which would be very close to the density range which exists on that property now and have the same or similar type Of project. Commissioner Rempel stated thtt this amendment would not increase the overall s'msity of the City. Further, that the General Plan advises that high density projects should be plr.ed along major thoroughfares; however, the density has been considerably reduced north of Base Line. fbtion: Moved by Barker, seconded by McNiel, to adopt the Resolution rmommmding denial to the City Council of Environmental Assessment and Seoeral Plan Amendment 65-04 C. Mel Mack. Motion carried by the following rote: APES: COMMISSIONERS: BARKER, MCNIEL, CHITIEA, STOUT M715s COMISSIDRERS: REMPEL ABSENT: COMMISSIONERS: NONE tarried C =Issiooer Revel stated that he thought the amendment request would not Increase the overall density for the area. K. ENII.'WWXTAL ASSESSMENT Ai10 GENERAL PLAN AMENDMENT 85-040 - HAWKINS - A request to ammo the Land Use Map of the General Plan from Low Density Residential (2-4 du /ac) to Medium Density :tesidential (4 -14 du/ac) for L'.SS acres of land located on the south side of Feron Blvd. bebreen Archlbald and Turner - APN 209655 -02, 03, b 14. Lisa Ylnioger, Assistant Planner, revieved the staff report. Bracy Tibballs, sn..tz;..n and Crowe Attorneys, representing the applicant, /are as overview of the request. Planing Commission Minutes -11- September 25, 1985 /73 Nacho Gracid 10364 Humboldt, Rancho Cicamange, opposed the amendment. He Stated residents that were 1n the density Changeltorlow- medium densitysFrora 4-8 dwelling units to the acre, but with aevelopment at the tnw end of the ;and Ramon Rodriquez, 10316 25th Street, Rancho Cucamonga, opposed the amendment. He was concerned that the increased population as a result of the project would increase the crime rate. There were no further corments, therefore the public hearing was closed. Cbmmas:ioner Barker stated that his concerns were the same as before; there is middlecofelaselo pn density designation placing beeallowwed. Fu the he that it was the gene -al consensus that the current density for this site 1s inappropriate; however, this proposal is too high and is not compatible with the surrounding neighborhood. He stated that the community advised that a more appropriate range would be in the 4-8 dwelling unit per acre, but they were still talking about single family detached housing. Commissioner Rempel stated ttat he had the same concerns with this proposal that he had with the original proposal a couple of months ago. Further, that this piece of property needs a development agreement and should not be developed with a single use, but needs some type of mixed uses. Ccmntssfoncr Chitiea stated that there is no new information to support the need for an increase to this high of a density on this site. Sht advised that she would have considered an amendpent to the tow- medium range with a • development agreement. Commissioner McNiet stated that the residents of the North Town have contributed greatly to lmproving that area. Ne was concerned that the project would be a del ^invent to the community, Pe stated that an increase in density to this level across the street from a sch..ol site is inappropriate. tCommissioner Stout stated that the 2 -4 density range currently on this site 1s hebdevelopmentaofesingle family detached homes.oulFurther. thatrthellocation Of this property in the middle of single family residential does not provld for a density transition. Motion: Moved by Rempel, seconded by McNiel, to adopt the Resolution recommending denial of Environmental Assessment and General Plan Amendment 85- 40 0, Hawkins, to the City Council Motion carried by the following VOL., AYES: NOES: ABSENT: 4 4 1 4 4 COMMISSIOURS: REMPEL, MCNIEL, BARKER, CHITIEA, STOUT COMMISSiONERS: NONE COMMISSIONERS: NONE - carried Planning Commission Minutes -12- September 25, 1985 Is : 7� i RESOLUTION NO. era'— "�6 -fm',- $ `j - Q7 9 A RESOLUTION OF THE C:TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 90. - 85 -040 - HAWKINS REQUESTING AN AMENDMENT TO THE LAND USE DENSITY OF RESIDENTIAL CUCAMONGA 4 OU/AC) PTO LMEDIIM F DENSITY RESIDENTIAL (4 -14 DU/AC) FOR 13.5 ACRES OF LAND LOCATED SOUTH OF PERON BOULEVARD AND EAST OF ARCHIBALD AVENUE WHEREAS, the City Council has held a duly advertised public hearing to consider all comsents on the proposed General Plan Amendment 85 -040 SECTION 1: The Rancho Cucamonga City Council cannot make the following in A. The Amendment does not conflict with the Land Use Policies of the General Plan. B. The Amendment promotes goats of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. • NOW, THEREFORE, BE IT RESOLVED. that the Rancho Cucamonga City Council does hereby deny of General Plan Amendment 85 -040. PASSED, APPROVED, and ADOPTCD this 6th day of November, 1985. AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, ty er Jon D. Mikels'-way or /-7(o • l J — CITY OF RANCHO CUCAMO \GA STAFF REPORT DATE: December 4, 1985 TO: Miyor and Members of the City Coun ^.it FROM: Brad Buller, City Planner BY: Curt Johnston, Associate Planner Cj n E tR 19— SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85 -048 L - regUeit t0 amend t e enera an—Ri Land Use Maii ��an Medium P,astdentlal (4 -14 du /ac) to Office (1n corjunction %Ith tha development of a senior citizen congregate living and care facility) on 4.85 acres of tani, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208 - 211 -20, 21. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT :I M N - A request to amend t c Development Districts Map from Medium Residential (8 -14 du /ac) to Office /Profess tonal (in conjunction with the development of a senior citizen congregate living and care facility) on 4.85 acres of land, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN: 208 - 211 -20, 21. I. BACKGROUND: At the November 20, 1985 meeting, the City Ccuncil expre support of the proposed senior housing project (CUP 85- 25) subject to a Development Agreement. Staff was directed to review alternatives for processing of the four (4) related applications (General Plan Amendment, Development D'.trict Amendment, Conditional Use Permit, and a Development Agreement). Review of the Conditional Use Permit application and Development Agreement by the Planning Commission will take approximately three (3) months. The applicant has been provided a list of items necessary to complete the formal CUP application (see attached letter) . Assuming the information can be provided by next week, the project will be scheduled for Technical and Design Review Committee meetings to January and the Planning Commission review by the February 26th meeting. Given this time frame, the most likely City Council meeting would be March 19, 1986. This schedule assumes no major caanges to the project and timely response by the applicant to provide revised plans or other Information. /77 CITY C]UNCIL STAFF REPORT GPA V -048 - FORLSA & DOA 85 -07 PORLSA Oecemter 4. 1085 Page 2 The Development District Amendment, Development Agreement, and Conditional Use Permit application should be processed concurrently. ;ith respect to the General Plan Amendment, the Council has the op Non of approving it at this time or processing it with the other applications. Either way will not affect the ultimate approval date of the project. Procedurally, concurrent rcYiew of VI related applications is best to allow complete review of the project prior to granting any approval. Also, in the event the CUP application 1s withdrawn, a General Plan Amendment back to Medium ReOdentlal would not be necessary. II. RECOKMENDATION: Staff recommends that the public hearings far the su ect enera Plan lbmendment and Oeveiopamt District Amendment be continued to the March 19, 1986 City Council meeting to allow concurrent processing of all related applications. R ectfutl bmlttRd, Brad 8 er City Planner BB:CJ:ko • Attachments: Correspondence to Applicant Concerning Conditional Use Permit Application November 20, 1985 City Council Staff Report W, 1-78 CITY OF RANCHO CUCAMONGA e� ��y�•' f �y w.rloeO SLtd. . Chu" J Rwryrl 11 J'a", h.c - 19%: Rsaud Sl.:4a1 rA L" A%r'M Augu t 30, 1985 R. Micheal Simpson R L Simpson b Associates 1729, Irvine Boulevard, Suite 405 Tustin, i.alifornla 92680 SUBJECT: NOTICE OF INCOMPLETE APPLICATION - CUP 85 -25 Bear Hr. Simpson: Thank you for submitting the above referenced project to the City for review. Your project has been reviewed for comroleteness and accuracy for filing, and as a result this review, your project has been found to be incomplete for processing. The following is a list of additional Information needed prior to finding the application complete. 1. Site Utilization Mao: The proposed project should be over ayed on the site and the correct development • district should be shown on the adjacent vacant parcels. 2. Site Plan: A summary development table should be provided. The proposed driveway on Foothill Blvd. should align with the one on the north side. The proposed on- site circulation with the droppeG off location and fire lane access is inefficient. Staff is suggesting a looped driveway for this project. Any proposed curb, gutters and sidewalk Including Lhasa across the street should be shown. H 3. Grading Plan: The grading plan has too small of a scale to a reviewed. Cross sections of all site boundaries, a north -south cross section, and an east -west cross section of the entire site should be provided. Attached for your review is a copy of some guidelines in providing the required information on the grading plan. 4. Elevation: The height of all the elevations should be provideron the plans. Further, the site is within the Foothill Corridor Study and is subject to the Interim Policy which requires that the architecture be sensitive to the heritage of Rancho Cucamonga with dasign elements such as; river rock /field -stone walls, exposed beam work, bird arbors, covered walkways, or cu rvilinear gables. M BASELINE ROAD. SUITE C • POSTOFFICEDOStaT • RA.NCIIOCCCANOYGA.CAWFGR %IA$InD • 4111171 }I {31 R. 4lcneal Simpson r CUP 95 -25 l August 30, 1985 Page 2 5 !hP site is impacted by road noise from Foothill Blvd., therefore, a Noise Study is required and to be submitted for review of completeness prior to the scheduling for Planning Commission. Attached for your review are submittal requirements for a Noise Study. E. The site is within a fault zone, therefore, a geologic study is required and to be submitted for review of completeness prior to scheduling for Planning Commission. Based on the pret'minary Staff review of the project, the following issues have been identified and need to be addressed prior to scheduling for Design and Technical Review. 1. Land Use: The Planning Commission had made use determination that senior Connregate Living Facility is conditionally allowed in an Office /Professional Development District provided that they meet the following criteria: A. adequate surrounding uses for recreational • Facilities. B. Close and convenient support shopping and office use. C. Location and proximity to a public teansoartatlon corridor. D. Compatible surrounding neighborhood environment. 2. Relationship to Foothill Blvd. Corridor Study: The site is within i s study area and is subjected to the Interim Policies where the Planning Commission shall conduct a Preliminary Review to determine consistency with the interim goal and policies of the Foothill Corridor Study. The intent is to provide direction to the applicant and Staff early in the review process and avoid undue time delays or expenditures. Prior to scheduling for Planning Commission Preliminary Review on this project, revised plans shall be submitted to the Planning Division. • /8d R. gicitii Simsan % C UP 35 -ZS augist 30, 'M Page 3 A t Further processing of this project cannot begin until the above additiohai f inforaation Is submitted, aid the application acceptcd complete. issues nneed farther assistance. the City will be happy to .f regarding the review tprocess,n p�ase project. free to Should contactU me have at anytime. ions thiat have been Sincerely, i COt4iUtIITY OE:'ELOPtiENT OEP: RTMENI PLIUIN �' OIYlSI " IlancY fan. Assistant Planner NFAo Attachments: Noise Studyn submittal) requirement 1� /81 i J H SUBJECT: ENVIRONMEP.TAL ASSESSMENT AND GENERAL ?LAN AMENDMENT 85 -048 ----rr l( - request to amend the enera an and Use Map roman Medium Residential (4 -14 Wee) to Office (in conjunction with the development of a senior citizen congregate living and care facility) on 4.85 acres of land, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT c:i - - request to amend the development str cts ap from Medium Residential (8 -14 du /ac) to Office /Professional (in conjunction with the development of a senior citizen congregate living and care facility) on 4.58 acres of land, located on the south side of Footnill Bouievard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. 1. BACKGROUNn: The Planning Cornisslan held a public hearing on eptemoer 5, 1985, to consider the above described items and recormmend2d denial. The specific purpose of the land use change 1s to allow construction of a senior citizen congregate living facility and convalescent hospital as permitted under the Office / Professional District regulations. The attached Planning Commission Staff Reports provide detailed information relative to the Land Use Amendment and proposed project. II. PLANNING CCtC4111111 ACTION: Planning Connission review of the proposa ocUse on the suitability of the site for senior citizens. The Commission felt that development of a senior citizen project on the site is premature, and that cnnnercial and service uses were net within safe walking distance, since commercial land to the east 1s vacant and no sidewalks exist. Vehicle access to the site by senior citizens was also stated to be a major concern based on potential conflicts created by heavy cross traffic, limited visibility to the west, and the high traffic speed on that portion of Foothill Boulevard. Planning Connission minutes from the September 25, 1985 meeting are provided for your review. /8I�L STAFF REPORT �y rowt� DATE: November 20, 1985 19" TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Curt Johnston, Associate Planner SUBJECT: ENVIRONMEP.TAL ASSESSMENT AND GENERAL ?LAN AMENDMENT 85 -048 ----rr l( - request to amend the enera an and Use Map roman Medium Residential (4 -14 Wee) to Office (in conjunction with the development of a senior citizen congregate living and care facility) on 4.85 acres of land, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT c:i - - request to amend the development str cts ap from Medium Residential (8 -14 du /ac) to Office /Professional (in conjunction with the development of a senior citizen congregate living and care facility) on 4.58 acres of land, located on the south side of Footnill Bouievard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. 1. BACKGROUNn: The Planning Cornisslan held a public hearing on eptemoer 5, 1985, to consider the above described items and recormmend2d denial. The specific purpose of the land use change 1s to allow construction of a senior citizen congregate living facility and convalescent hospital as permitted under the Office / Professional District regulations. The attached Planning Commission Staff Reports provide detailed information relative to the Land Use Amendment and proposed project. II. PLANNING CCtC4111111 ACTION: Planning Connission review of the proposa ocUse on the suitability of the site for senior citizens. The Commission felt that development of a senior citizen project on the site is premature, and that cnnnercial and service uses were net within safe walking distance, since commercial land to the east 1s vacant and no sidewalks exist. Vehicle access to the site by senior citizens was also stated to be a major concern based on potential conflicts created by heavy cross traffic, limited visibility to the west, and the high traffic speed on that portion of Foothill Boulevard. Planning Connission minutes from the September 25, 1985 meeting are provided for your review. /8I�L CITY COUNCIL STAFF REPORT GPA 85 -078 and ODA 85 -07 - PORLSA November 20, 1985 Page 2 III. RECOMMENDATION: The Planning Commission recoc:mends denial of the nsrTp aTAmendment and Development District Amendment. If the City Council concurs, adoption of the attached General Plan Amendment Resolution cf Denial and denial of the Development District Amendment by minute action would be appropriate. Respectfully submittel, 111::O� kz `� Brad Buller City Planner 83:CJ:ns Attachments Planning Commission Staff Reports, September 25, 1985 Planning Comaission Minutes, September 25, 1985 Correspondence from Applicant Affidavits of Mailing City Council Resolution of Denial • • Y /83 r • CITY OF RANCHO CCCAIIO \GA STAFF REPORT DATE: September 25, 1985 TO: Chairman and Members of the Planning Commission FROM: Jack Lam, AICP, Community Development Director BY: Curt Johnston, 4ssociate Planner z fa a 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85 -04B PORLSA - A request t0 amend the General Plan Land USE ai�p Trom Medium Residential (4 -14 du /ac) to Office /Profess tonal (in conjunction with the development of senior citizen congregate living and convalescent care facility) on 4.85 acres of land, located on the south side of Fcathill Boulevard, west side of Cucamonga Creek. west o' vineyard Avenue - APN 208 - 211 -20, 2.. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT 71REWENT 85-07 - PORLSA - A request t0 amen the eve opment Districts Map from Medium Residential (8 -14 du/tc) to Office /Professional (1n conjunction with the development of a senior citizen congregate living and convalescent care facility) on 4.85 acres of land, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. Related File: Preliminary Review for CUP 85 -25 I. ABSTRACT: A General Plan Land Use Amendment and Development sbTt�t Amendment is requested from Mediu•, Residential to Office /Professional on a 4.85 acre site as described alcove. The specific purpose of the land use change is to allow construction of a senior citizen congregate living facility (i.e. hotel) and convalescent hospital as permitted under the Office /Professional District regulations. Since the project is located on Foothill Boulevard, a preliminary review for the senio" piiject (CUP 85 -25) is also on this agenda and should be considered cwuurrentiy. At the August 28, 1985 meeting, the Planning Commission required additional traffic information which is presented in the report. Also included is an analysis Of the amendments as they relate to the General Plan, Oevelopm-.nt Code and suitability of the site for seniors for Commission consideration of the amendments. / g q ITEMS M/I PLA14 :11IG C04.4ISSION STO -F RE00RT ENVIROMMENTA, ASSESSMENT 6 GPA 85 -040 - PORLSA September 25, 1985 D:ge 2 • II. PROJECT AND SITE DESCRIPTION. = A. Af.tion Re uested: Amendment of the General Plan Land Use Hap and eve Districts Map fr= Office /Profess Medium Residential to Office/Professional. tonal. B. P�ur osese: Development of a 112 -unit senior citizen congregate living facility and 60 -bed convalescent care facility. C. Location: South side of Foothill Boulevard, adjacent to ucn agag Creek. D. Parcel Size: 4.85 acres. E. Existing o_ zoning_ Medium Residential (8 -14 du /ac). F. Extstln`Land Use. Vacant. G. Surrounding Land Use and ZoninO North - Vacant, real estate office, designated iBernardino iCounty South - San Labor Association Housing, �mhistoricthouse, East - Cucaamd Flood ongaCreek vacant, designated • Nest - obile0hm- parka designated Low Medium Residential (4 -8 du /ac). H. General Plan Des iOnatlons: Project Site - Medium Residential (8 -14 du /ac). North - Office. South - Medium Residential (8 -14 du /ac). East - Flood Control, Commercial. Wcst - Low Medium Residential (4 -8 du /ac). I. Site Characteristics: The site slopes gently to the south with 00 un gueia-n-a—}'o s. Vegetation is limited tr indigenous weeds and number of trees scattered throughout the along the south boundary. site and III. ANALYSIS: A. General Plan Consistency: ncy: The General Plan states that the ntent of the urrice Land Use category is to prevent the proliferation of individual isolated Offices. Rather, 115- PLANNI'4j COY:iISSION STAFF REPORT ENVIRONMENTAL ASSESSMENT 6 GPA 85 -043 - PORLSA September 25, 1985 Page 3 ntergrated complexes shall be encouraged to provide areas = !here Plan is to land DobjectiveceofsehecGeneralloPld addition,laa� use restrict intensive uses and activities in areas where natural and /or man-made hazards may threaten life, property, or sense of well- being. Considering that the site is nearly five (5) acres and office the and east, it and commercial property is located to north site could not be strued asinisolated. appears that this Regarding potential hazards, the s is be Hill Fault Zone. A complete fault investigation will the CUP and any prepared prior to Commission conside,ation of be to the extent possible, including hazards will mitigated office relocating redesig;ing the addition, development on woiuldintncreasethe voume to potential traffic generated by the site and thus add conflicts. Combined access with adjoining property circulation is not practical since a mobile home park is located to the barrier to the east. west and Cucamonga Channel creates a further under the Environmental Traffic impacts are discussed section of this re,•ort. S 8. Oevele went Cede Provisions: An objective of the Development commercial rmote an encourage office and o e s to promote—On"' designs to be conveniently accessible by bicycle locations and and foot, as well as by automobile. In additon, the Development Code states that site development regulations and uses make office performance designed compatible with uses. eafsenior Medium congregate living opsedd to accsommodate citizenResidential is pr o hotel) and convalescent hospital. Earlier this facility (Le the Commission determined that such uses are appropriate year, In the Office /Professional District. A full description of the proposal is provided in the preliminary review staff report for Office /Professional versus CUP 85 -25. The benefit of the 1LS is Medium Risidential ( determined th rough tme4Destgn %Technl t calRaview process The approximately 3.85 acres 112 -unit congregate living facility on 29 units Der acre (see Exhibit of the site has a density of 080). The convalescent hospital on the retaining acre at the south end of the property would have 60 beds. If the proposed senior p!rojeet was not constructed, other uses be developed in the Office /Professional District which could include offices, financial services, medical services, health a club, autaeotive sales, restaurant and bars, fast -food =[1f7 restaurants, and hotels. oLANMING COMISSION STAFF '.CPOiT ENVIRONMENTAL ASSESSMENT b GPA 85 -048 - PORLSA September, 25, 1985 Page 4 C. Suitabilit of the Site for Seniors: To determine if the site is aoeyuate or t e proposed senior project, a review of the locational criteria contained within the Senior Housing Overlay District (SHOO) is useful. The Overlay District, however, will not be used in this case since it applies only to projects targeted for low and moderate income senior citizens and when development incentives /subsidies are requested. Adjacent Land Uses /Coo atibtlity: Land uses in the immediate v cin ty o? a senior ous ng project must be free of health, safety, or noise problems. The proposed project should be compatibl, with the mobile home park to the west and faro labor camp to the south. Also, noise levels along Foothill Blvd. will require mitigation through project design. Public Immrovements: Public improvenents such as sidewalks should connect t e site with surrounding shopping, service, and recreation uses; however. land to the east Is vacant without full street improvements. In addition, crosswalks at the intersection of Foothill and Vineyard are not yet provided. Site Tom: Tne topography of the site is fairly level • M easily traverser; by persons of limited mobility. Proximit of Cumercial/Services: When property to the east an north s Ueve7oled as p anne , the site will be within easy walking distance to offices, commercial establishments and services. San Antonio Community Hosptial and surrounding medical offices are iccated to the west approximately 1 1/2 to 2 miles. In addition, public transit stops are available along Foothill Blvd. However, the site does have short term disadvantages since the commercial property to the east is vacant and lacks full street improvements, thus inhibiting pedestrian access to services. D. Envtrommental Assessment: As discussed in the August 28, 1985 Staff Report. to has Identified three potential environmental concerns in the areas of geology, noise levels and circulation. Regarding geology, the site is located within the Red Hill Fault Zone which requires a detailed study in accordance with the Alquist - Priolo Act. Noise levels at the site along Foothill Boulevard will exceed 70 CNEL, and an accoustical analysis and sound attenuation for interior and exterior areas will be required. Both of these studies will be accomplished during the Design /Technical Review process. Regarding traffic and circulation, the applicant prepared a brief study to review and traffic impacts of the proposed GO /97 0 ' PLAa:II 'G CO:CIISSION STAFF REPORT ENVIRONMENTAL ASSESSMENT 6 GPA 95 -048 - PORLSA September 25, 1985 Page 5 senior project as well as residential and office development an tht site In summary, the study Indicates that the proposed senior project would generate slightly less traffic than a multi- family pro ect at 14 -units per acre (400 versus 450 vehicles per day). If the site is developed as offices, the amount of traffic would more than double that of a multi - family protect (1160 vehicles per day). According to the City Traffic Engineer, vehicle trips generated by office development would create short term traffic conflicts near the entry to the site_ After construction of the median Island, traffic impacts woulc result at the intersections of Foothill at Vineyard and Baker caused by additional U -turns of vehicles traveling to and trv: the site. E. Development a r ement: If the Commission is supportive of the sen or pro ect, —but concerned with the proposed Office /Professional zoning, a development agreement could be required. Such a document could allow development of the senior project only under the Office zoning. In the event the project Is not constructed, the property would be changed back to Medium Residential. The advantages of a development agreement for the City would be to allow the senior project as designed, but assure that another project which might to incompatibile with the surrounding area or create substantial traffic conflicts would not be developed. Processing of a development agreement requires City Council approval, so action on the Land Use Amendments would have to be deferred to allow concurrent proce ;sing of the agreement and CUP application. IV. FACTS FOR FINDINGS: Prior to approval of the land use applications, a aomipsion must find that the proposed district changes are in conformance with the General Plan, and that the subject property is suitable for the uses permitted In the proposed district in te-. a of access, size, and compatibility with surrounding land uses. In addition, the Commission must make the following findings: a) That the subject property is suitable for the uses permitted in the proposed district In terms of access, size and compatibility with existing land use in the surrounding areal and i PLA MING COWISSION STAiF REPORT ENVIRONMENTAL ASSESS:4ENT b GPA 85 -04B - PORLSA September 25. 1985 Page 6 b) The Amendments d) not conflict with the Land Us') Policies of the General Plan or Development Code; and C) The Amendments promote the goals of the Land Use Element; and d) The Amendments would not be materially injurious or detrimental to the adjacent properties. V. CORRESPONDENCE: This Item has be-n advertised as a public hearing n he Da v epart newspaper, the property posted (4 -x 81 sign) and-notices were sent to all property owners within 300 feet of tha site. VI. RECOitMENDATION: Staff recommends that the Planning C,*nission cons er a mat�rram and input regarding the Land Use Tnendment and adoption Of theDattached Res3loitionsireconvne with the lintonthe city Launch of the Amendments and Issuance of Negative Declarations would be appropriate. if the Commission determines that a development agreement is appropriate, the public hearing should be re- advertised to allow concurrent processing of the agreement and CUP application. Jack Lam. AICP Director of Community Development JL:CJ:ko 0 Attachments: Exhibit "A" - Location Nap Exhibit "B" - Proposed Site Plan Correspondence from Applicant l:,itial Study, Part fI and Addendum General Plan Amendment Resolution of Approval Development District Aaendment Resolution of Approval r � �s a e '/r/ 1 Pe.sEu�rw l/ 1 WD l00r"LL M --bt✓1bL• Chl t Dt ✓Jsr:M � hbeu� HD.yC �.ur. LraKG.vv . "- *BLY/ /9C Bev OJ/r�t CITY OF RANCHO CUCAMONL CA PLANING Dl'J15M keGdfY I ! te"Alr4•C 1F5esL i G u ML i ✓JcAV% / I I 17c✓ dar.' y- .vavny y,KgM1,'i At"I rrs %ra dGIA as- a,_prHe� ar TTME, EXHIMT- I � , yy1, I + O I i I � I 1 -- . r �.. NORTH CITY OF IrE�u 6F)4J9s -ova+ D� ��Z RANCHO CUCAMQ \GA Tnu, ���,,, • PLWNIiNG DlNrMN EXHI[it1 -,Q_; SC.ALE / 9/ TO: Planning Commission, City of Rancho Cucamonga REr GENERAL PLAN AND DEVELOPMENT DISTRICT AMENDMENT JUSTIFICATION (Requirement B,2 of Application Forms) By emending the land use tot this prreel, the CLty of Rancho Cucamonga till lll+lw the 1.4jelopers to build an elderly congregate ( dare and nursing facility %halo land uqe mgre closely `its the off ic"prolaaslonal development criteria, y, than the residential criteria which pranantly exists as toned. > . The 01t should benefit from this chang by allowing thin transitional land use to buffer khe tdniddhtlal units planned to th• sou h of k 1 reel and by Meep( .qp this parcel more p nsiste F �h! general c6"OFolil propertLes to the cast and FPh ti off {p1lE1f1p 6 a Btpp!�1 daelgnatloha on the north, v H ch all border �ooky l jjdlgllyd. Fhe proposed pro Got considering its low traffic generation got8ntlai end ohIraa erica of focusing activity inside the Utlding3, should rain fil da tteffle and 'safety problems along this transpportation louts and therefore, be a welcome land use along the dbdeloplhg Poch 1lI corridor. RRAl4 /or — CITY OF &ANCHO i CCAINIO\GA C-_casro STAFF REPORT .�P ,Z DATE September 25, 1985 Lam' TO: Chairman and Members of the Pla.ning Commission FROM: Jack Lam, Comvnity Development Director BY: Nancy Fong, Assistant Planner SUBJECT: PRELIMINARY REVIEW FOR CUP 95 -25 - PORLSA LIMITED - A cans stency etenm nat.on etween id ootn Corridor Interim Policies and the proposed 114 -unit senior congregate living facility together with a 60 -bed rare facility and other services provided such as meats, transportation, and housekeeping, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208- 211 -20, 21. Related File: General Plan Amendment 85-048 and Development District Amendment 85 -07. I ABSTRACT: The purpose of this report is for the Planning Zama�on to determine the consistency of this proposed project with the Foothill Corridor Interim Policies. II. BACKGROUIID: enera Related to this project is the request for a General Medium nResidential� District Lt oOffice/Professional the JeDistrict which will also be considered by the Planning Commission tonight. The purpose of this proposed land use change is to allow the construction of a seniors congregate living facility and convalescent care facility. Earlier In the year, the olanning Commission made a use determination that a seniors congregate living facility is conditionally permitted in the Office /Professional District on a case by case basis Also, the convalescent care facility is conditionally permitted under the Office /Professional District regulations. Since the proposed project is located an Foothill Boulevard, the Planning Commission will have to review the pm'ect and determine Its consistency with the approved Interim Policies. B Project Discrrf t_ioon, The proposed project consists of two (2, l-wo -story buildings %here 114 units for the senior congregate living facility is located to the front portion of the site while a 60 -bed convalescent facility is located to the rear portion of the site. Open space area and recreation facilities C) 3 ITEM 0 Y_ / PLAW11NG C0.`LMISSI08 STAFF REPORT PRELIMINARY REVIEW FOR CUP 85 -25 - PORLSA ;eptember 25, 1985 Page 2 LJ are concentrated within a large interior courtyard for the_ congregate living facility. The service a -ca, the dining room, and the reception area are orientated towards Foothill Boulevard. The main access for this project is through Foothill Boulevard with an emergency access located towards the eastern side of the property bcundor, The number of parking spaces provided Is 74 spaces The senior congregate living facility provides twusing for seniors that are 55 years or older and are Independent, and can operate on their own. Other servicas pruvided for these residents will be meals, housekeeping, and transportation. Also, an on -site manager will be provided 24 hours a day, seven (7) days a week. The convalescent facility provides housing for seniors who require surervision or light care and who cannot live independently. This facility will be under separate management and control as well as owned by a separate entity. 111 ANALYSIS. On August 28, 1985, the Planning Commission approved n5—r m Fancies for Foothill Corridor with an overall goal To establish a high quality, attractive, and unifying design .mage reflective of community heritage, and S provids a viable setting for a balanced mixture of residential and commercial activities with safe and efficient traffic circulation and access. The followine analysis addresses consistency of this project with the Interim Pollc ies: A Land Use /Site Plan: According to the Policies, as land use and Ueve opmenT t proposals shall be compatible with ultimata uses on surrounding properties, particularly residential uses, and mitigate potential conflicts to the extent practical. Mitigation measures may typically include, out are not limited to, Master Planning, transitira of building height, architectural form and density, landscape buffers, so,:nd attenuation, rxduction of wi•id turbule,ice, visual barriers and /or grading conditions to disrupt line -of -sight concerns, and alternative c'rculation and access ,he Area west of the site is an eristing mobile home park. South of the site Is a housing camp for a Labor Association. East of the site is Cucamonga Creek with vacant land designated for future commercial use. TherE'ore, the proposed use is compatible to the surrounding uses. Howev -r, I is critical to require a development agreement that stipulates the land use will revert back to Medium Residential if the project is not built. If the Irnd use designation for the site is changed from Medium& Residential District to Office /Professional District, the site Plan should be designed to provide a setback of 100 feet from the west and the south property boundary for any proposed two -story buildings. The service area/dilive:y area should be relocated away from public /9y PIANNIVO CCMYISSION STAFF REPORT PRELIMINARY REVIEW FOR CUP 85 -25 - POP.LSA SeptembF.r 25, 1935 Page 3 • view along Foothill Boulevard. The drop off location is inefficient and could create traffic hazard. The reason 1s that drivers maybe on the wrong side of the lane as woll as no turn around lane for the driver. Staff has suggested to the applicant that a loop street design may resolve the on -site circulation problem. B. ii �.o . miss on stye arcs Lecture with te^ra cotta barrel tile roofing, canvas window awnings and exterior plaster. The building design appears repetitive and rigid with its alternate roof height pattern on the south, east and west sides. Overall, the proposed elevations do not provide the necessary design elements such as: river rock /fieldstone walls, exposed beamwork, vine arbors, curved parapet walls, and covered walkways or arcades. C. Pedestrian Urientazion ru0r,c ��a..�,... -..� .cu aff- - - - -- a e uat0 edeStr a-- n cennecL ont an we to ar C:rtU at on. he eve oper should prov a stronger pe estr an connect ant to future commercial and service areas on Foothill According to the developer, most of the pedestrian amenities are located within the large courtyard for security and privacy purposes for the residents. Also, the developer should consider providirg public transit facilities such as bus stop., for the site and use. D Streetscacc /Landsca mi The proposed conceptual landscaping plan shouid ncorporate such design elements as intensifying landscaping, mounding and berming, rockscape, and street furAitures. Overall, landscaping should be designed to create visual interest and variety to the streetscape, enhance budding architecture and tuffer views of automobiles, screen utility and service area and distinguish pedestrian spaces from vehicular areas. IV RECOfMNOA110N! Staff recomnenos that the Planning Commission review the propose pro ect and make a consistency determination. If the Planning Commission determines that thr proposed project is consistent ,rith the policies, then the plans will be forwarded to the Design Review Committee if the Planning Commission determines that the proposed project is not consistent with .lie policies, then the applicant shouid be d ected to work with staff on revising the entire development package. 0.esp,, ily submitted, I ac Ccmounity Development Director JL:NF:ko Attachments: Exhibit 'A' Exhibit '8' Exhibit 'C' Eynibit 'D' Foothill Co - Location Pap - Site Utilization Map - Site Plan - Elevations -ridor Interim Policies 195__ V v i70ECfH GI'I"Y OF rrF,%,, ffEUMr -�' me RANCHO CUCAMO GA M, � nANVI \r. DivsoLN EXHIBIT, ALE, /9A I� !`I lt�g Lila it --I-- _s • CrF Y OF MEND RANCHO CUCAMaNGA •rmE R-00-Ml � PLANNING DI\WCkkt E.XHIBFT `SCALE, / _ /98 4I JjPFPLYM SNqJAIT QEy,%!NN ♦1 1! ELOEwY MOUSW NORM ELEVATION ELDERLY NOIMM $OUT)' yEVATg4 MR OR CI'T'Y OF rMNIS RANCHO C'L'CAMr \'GA m�� F4(N tro t/ - nrta n PLANNIN, DIVMN an,IsrrM "�F-• t��yLl1,( 199 M2 U-EWEO CARE FACILITY NORTH ELEVATION EOUTN ELEVATION EUA _- _r__4y OWTf ®GUiEVACUTY EAST ELEVATON El V NORTH MY OF ct.rcAMCa�Tcti �' TTTT E �LFdI/FTJIY:� - P s�ry� nANNING DtVLSiJN ©wterr " j�� °scArE_ l moo Mr. Lam advised that the Commission would not be foreclosing the option if they asked the property owner on the south to provide an irrevocable offer of dedication for half of the street. Further, that if and when the property to- ! the north is developed the opportunity would still be there to take a look at what dedication issue might be necessary for that property. ; Motion: Moved by Rempel, seconded by Barker, to issue a Negative Declaration 1, and adopt the Resolution approving Parcel Map 8318, with amendments to require landscaping and meandering sidewalk on Haven Avenue consist_nt with the east side of Haven Avenue, an irrevocable offer of dedication for one -half of 1• Acacia Street, and sidewalk construction on 7th Street deferred until time of development. Motion carried by the following vote: AYES: COK41SSIONERS: REMPEL, BARKER, CHITIEA, MCNiEL, STOUT a. "n NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - carried R f f f Chairman Stout announced that the following items and item "Q• were related. Therefore, item "Q• would be heard out of regular order, concurrently with the following amendment request: H. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85 -048 - PORLSA - A • request to amend the General Plan Land Use Map from P.�dium es ent a (4- 14 du /ac) to Office (in conjunction with the development of a senior citizen congregate living and care facility) on 4.85 acres of land located an the south side of Foothill Blvd, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208 - 211 -20 & 21. ENVIRONMENTA_ ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 85 -07 - PORLSA request to amen ± eve o"sen: str cta Map from Medium Residential 3 -14 du /ac) to OfficelProfesSionat (in conjunction with the development of a senior citizen congregate living and care facility) on 4.85 acres of land, located on the south side of Foothill Boulevard, west side of Cucamonga Creek, west of Vineyard Avenue - APN 208 - 211 -209 21. Q. PRELIMINARY REVIEW FOR CUP 85 -25 - PORLSA - A consistency determination between the Foothill Corridor n-er m go-Mies a.4 the proposed 112 unit senior congregate living facility together with a 50 bed care facility and other services provided such as meals, transportation and housekeeping, located at the south side of Foothill Boulevard, west of Cucamonga Creek and west of Vineyard Avenue - APN 207- 211 -20 and 21. Related File: GPA 85 -048; ODA 85-07. rurc Johnston, Associate Planner, reviewed the staff report relative to th'! General Plan and Development District amendment. Nancy Fong, Assistant Planner, reviewed the staff report relative to preliminary review for CUP 85 -25. Planning Commission Minutes -7- September 25, 1985 �10 Commissioner McNiel asked staff if information was available from Caltrans e regarding a signal at Baker and Foothill. - been schedule Traffic d fortrstallatlon replied atthis location this if a9 project was approved for Baker and Foothill It would be necessary for Caltrans to place that signal on its priority list. Commissioner °empel aske5 if staff had information from Caltrans regarding the median island on Foothill. Mr. Rougeau replied that the concept of a median has been approved by Caltrans, but that furtl.er study is underway to determine where the median breaks should be located. Chairman Stout opened the public hearing. Rick Andrews, representing the applicant, gave an overview of the project. Kenneth Grimes gave an overview of the architecture. Chairman Stout advised that the Planning Commission had recently completed a study of Foothill Boulevard and forwarded Interim Policies to the city Council for its approval. He asked the applicant if they had reviewed these policies with respect to architecture. Mr. Grimes replied that he had obtained a copy of the Interim Policies; however, the criteria had not been utilized as the project design was completed 4 -5 months ago. Chairman Stout referred to the Interim Policies section which requires conform with make a hemetfor Foothil Bul proposed d. He askedciftthisrwould be realistic for this type of project. Mr. Grimes replied that he would like to have more specific information on the goals of this requirement and hoped that this would be possible during review of the CUP. There were no further comments, therefore the public hearing was closed. Coamissioner Barker stated that one of the primary considerations for senior citizen projects is the proximity to services that senior citizens need; however, there are no services within safe walking distance to this project. Commissioner McNiel disagreed and stated that van service is not an uncommon method of transportation for senior project. Pe felt it was not a bad location because it is buffered by surrounding development. Planning Commission Minutes -8- September 25, 1985 is dv� Corsnissioner Chitiea was concerned that the senior citizens would not be able to walk to support services and parks, but would have to drive or rely on van service. She stated that it Is not to say that it may not be appropriate in the future, but the project at this time is prematurc Chairman Stout stated that eventually the support services may be provided within walking distance of this project and agreed that the location is premature for this type of use at this time. ' orther, that it later may be possible to resolve the technical issues and advised that an egress in add tion to Foothill Boulevard was necessary. Commissioner Reopel was concerned v+ch the driveway location on Foothill, and stated that another driveway shcu'd not be located on Foothill until the median island is constructci. He f- irther stated that other issues associated with the project could be mitigated, but the traffic issue far outweighs all others. Chairman Stout stated that based on theca comments. it seemed the consensus of the Commission would be to deny this request. He asked the City Attorney to clarify the appropriate actiod. Andrew Arczynsky, Assistant City Attorney, advise.: that since a Resolution of Denial had not been submitted for Comission consideration, the appropriate action would be to direct staff to prepare a Resolution recommending denial and place it on the consent calendar of the next agenda. Further, that It would then be at the applicant*s discretion if he wanted to withdraw his Conditional Use Permit application. Notion: Hoved by Barker, seconded Lj Chitiea, to direct staff to prepare a Resolution recommending denial of Environmental Assessment and General Plan Amendment 85 -048, Porlsa. Notion carried by the following vote: AYES: CONYISSIOflERS: BARKER, CHITIEA, NCNIEL, REMPEL, STOUT NOES: CON.MISS104ERS: NONE ABSENT: COMMISSIONERS: NONE - carried Motion: Movid by Chitiea, seconded by Reaoel, to direc- staff to prepare a Resolution recommending denial of Environmental Assessment ane Development District Amendment 85 -07, Porlsc. Motion carried by the following vote: AYES: COMMISSIONERS: CHITLEA, REWEL, BARKER, NCNIEL, STOUT NOES: COMMISSIONERS: hUNE ABSENT: CO:441SSIONERS: NONE - carried • + r � t i Planning Commission Minutes -9- September 25, 1985 ftam • Ul N C September 25, 1985 Mr. Otto Rroutil, Senior Planner CITY OF iiiif$itSFBBR.C_ Planning Department P.O. Box 807 Rancho Cucamonga, CA 91734 Re: PORLSA, LIMITED Project Dear Mr. Rroutil: C J The Project proposal consists of two (2) facilites. One complex will coAsist of a two (2) story, one- hundred and fourteen (114) Unit Edecly congregate living facility, and the other, a two (2) story sixty room int,rmeiiate care facility /convalescent home. i The congregate living facility will be full service Retirement Apartments for active Elderly Adults. The residents must be ambulatory and able to function independently. Based on our past experience, the majority of our tenants will have family within a 15 mile radius of the facility. The average age of these residents will be between 75 and 84 years old. The building, has bcen designed to include 114 living units with private bath and kitchen. The kitchen is designed to include a two - burner hotplate and rafrigerator so that the tenants can, on I occasion, entertain in their room. The facility will also have a central dining room, central kitchen, lounges, library, beauty shop, private laundry facility, and a craftroom. These apartments will be staffed 24 hours a day, 7 days a week. Staff will prepare at least 2 meals a day, and provide activity programs, and a van for transportation of the residents. The van will be used to carry tenants for daily shorping trips, outings, doctor office visits, and any other trips required for the convenience of the residento. The staff will also do laundry, weekly changing of lic,3ns, d..ily trash service, cleaning of the individual units and other duties for tha convenience and comfort of the residents. QOT c c Mr. Otto Kroutil, Senior_ Planner September 25, 1985 Page 2 We expect that the facility will be fully sprinkled, au well as, .ave smoke detectors and fire alarm system. All units will have an emergency call system which is monitored by the projoct staff. If a resident has a problem, a pull curd will be located in the bedroom and the bathroom of each unit from which an emergency call can be sent to the main panels in the Office and Manager's Unit. The employee who is monitoring that panel can respond through a two -way speaker system to confirm the ame�gency, and respond to tenant's problem by calling for help, su, ;h as the paramedics, or merely by responding directly to that tenant's room if they're capable of handling the problem immediately. We will not have any medical personnel on our staff as we do not house any residents who require medi-al care supervision. The residents must be able to function on their own, such as dress, bath, come to the dining rcom for meals, and participate in activities, rn the event that a resident can no longer be independent, we will work with their family to find the proper facility where the resident can receive the necessary care. On the rear portion of the site, an approximately 1 acre parcel, a sixty (60) roo,a intermediate care facility is proposed to be constructed. This facility would be for those elderly persons who require intermediate care and supervision.. Generally, this is in the realm of special diet and /or regular medical attentions however, generally, intermediate care tenants are ambulatory and somewhat able to be responsible for their own lives. The primary difference would be that the care facility would be staffed by licensed medical personnel. The facility would also have it's own fully equipped kitchen for food preparation and special diets as needed by the tenants. Also, medication would likely be on hand at the site in order to administer to the tenant's needs. The construction and subsequent operation of this facility would be accomplished by a separate enity from th. owner and operator of the congregate facility. At present, Western Medical Association hoe expressed a desire to own and operate that facility. Western Medical Association has extensive experience in the operation of senior housin5 and hospital services. However, no contract has been concluded with Western Medical and negotiations are continuing. MOM • C C ® Mr. Otto Kroutil, Senior Planner September 25, 1985 Page 3 Finally, I would like to address some concerns we had regarding the traffic study and recommendations that were submitted to the City. We would like to emphasize the fact that raw data for projects of the nature contemplated in our proposal are not available, and Mr. Kimmel indicated this in his report. E therefore, used a 'retirement community' as the basis for h_q traffic study, since that was the closest hard information that he could obtain. Also, he noted that the information was derived from the San Francisco area. As you are no doubt aware, a 'retirement community' generally contains single- family, apartment, condominium, and congregate type uses all in a large project area. Such zommunittes will generate much more traffic than would be generated by the use completated in our proposal. In discussions with our proposed management company, it was pointed out by the management company that traffic is very light for this type of project. In futher discussions with the on -sight managers and the mangement company it was eetermined that traffic, even during peak periods of advertisement C,r rent -up purposes, is generally less than 200 persons per day. Deliveries and service • calls generally occur between '7:00 a.m, and 10100 a.m. and, un the average, occur three days a week. In one typical project with 117 units, twelve of the tenants had their own cars and used these cars once a week on the average. The majority of the tenants use the bus line and the project van as their means of transportation. Regarding bus usage, it was the consensus that the vast majority of use is of the Dial -A -Ride service. r� A typical project of 117 units would have a total of 58 spaces for parking including guest spaces. Even with such a limited number of parking space:, p..•vided the management personnel have indicated that they have never experienced any stacking of cars entering or exiting the project site. The above information was derived from discu.aiena with the proposed management company regarding five projects located in the Orange, Riverside, and San Bernardino Counties. Lastly, you will note in the traffic report, Mr. Kimmel has indicated that the peak traffic times for a project of this type are at the non -peak hours of the day for the street (i.e., mid- morning and mid - afternoon); and, therefore, even when traffic is peak at the site this will not significantly impact the traffic for Foothill Blvd. 20� � C Mr-Otto Kroutil, Senior Planning _ September 25, 1985 Page 4 Should you have any questions regarding this letter, please don't hesitate to contact me anytime. Iincerely, Richard R. Andrews RRAi4 /pb 007 • a • ORDINANCE MO. 217A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDHEHT TO A DEVELOPMENT AGREEMIFT SPCCIFIED HEREIN The City Council of can City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: That amendment to development agreement, a true and correct copy of which is attached to this ordinance as Exhibit "A" and incorporated herein by reference, hereby is approved and the Mayor and City Clock hereby are authorised to =cents void amendment on behalf of the City of Rancho Cucamoagt,. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk $ball cause the same to be publisbed within fifteen (15) days after its passage at lust once in The Datly Reaorr, a newspaper of general circulation publisheA in the City of Ontarios California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1985. • AYES: f3.7kr flyli?,iil ATTEST: Beverly A. Authelep City Clerk E a�8 Jon D. Mikelss Mayor E E, — CITY OF RA.\CHO CCCA.NIO \GA STAFF REPORT DATE: December 4, 1985 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 9V: Barbara Krall, Assistant Civil Engineer SUBJECT: ORDER TO VACATE THE NON- VEHICLE ACCESS RIGHTS AS UEDICATED ON PARCEL MAP 4029 LOCATED ON THE SOUTH SiDE OF SUMMIT AVENUE, EAST OF ETIWANOA AVENUE Mr. David Long, owner of the property located at 12969 Summit Avenue, has requested the vacation of the above described non - vehicle access rights in •)rder to obtain access to his property. ha non - vehicle access rights were dedicatred to the City of Ranch,) Cucamonga on Parcel Map 4029. These parcels had access to Shasta Drive. A 3arcel Map Waiver was later recorded dividing the original parcels and creating the need for access on Summit Avenue to the four lots shown on the attached Exhibit •e•. Notice of this public hearing has been advertised In the _The Daily Reoort. RECOM?eMTIOM It is recommended that City Council adopt the attached resolution ordering the vacation of the non - vehicle access rights on Summit Avenue, authorizing the Mayor and City Clerk to sign said resolution and cause said resolution to record. Respectfully submitted, LSH:BK:Jaa Attachments aa9 • D OR f OAV1O W- LONG 8 womg 113021 Vista St- ,Ltlwanda, Calif. 91739 714 -987 -2470_ October 21, 1985 City of F.mcho cu=m ga Dear Sir: kb are applying for the xenoval of the no vehicular =7m=t on acams to the lot ]netted at 12969 olmralt Ave. EG wsnda, Cali•:ornia. 11,milc }w, A � Dav'.d W. Inca) RESOLUTION N0. eclL- 0a:i7 $J - 3a'7 A RESOLUTION OF THE CITY COUNCIL OF 'NE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION CF NON- VEHICLE ACCESS RIGHTS ON T4E SOUTH SIDE OF SUMMIT AVi NUE WHEREAS, by Resolution No. 85 -297 passed on November 6, 1985, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularly described, and set the hour of 7:30 p.m. on December 4, 1985, in the Lions Park Coomunity Center Building, located at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. follows: BE IT RESOLVED by the Council of the City of Rancho Cucamonga as a Portion5o�ie non_ Council for present public street purposes, and the City Council hereby makes its order vacating the non - vehicle access rights of said City street as shown on Map No.V -049 on file in office a in Clerk legal the description which Is attachaed hereto. has mabeen ked Exhibit •A•, and by reference made a part thereof. to be recorCel0Nn2the office of shall the County a Recorder of San Bernardino County, California. SECTION 3: The Clerk shall certify to the passage and adoption of this reso utl -%n. nand it shall thereupon take effect and be In force. PASSED. APPRMED, and ADOPTED this 4th day of December, 1985. AYES: NOES: ABSENT: ATTEST: ver y I . t e etf —, My arc Jon D. MiWel—s, ayor l/ EXHIBIT "A" 0 Vacation of access control on Summit Avenue across the northerly houndary.of Parcels 1 and 2 of Parcel Map 4029 as recorded in Parcel Map Bonk 30, Page 2,= official records of San Bernardino County, State of California Ll 0 .D /a C, 17 C C Access Rights to be Vacated A ® CITY OF PROJECT: tL49 RANCHO CUCAMONGA TITLE•ACCESSRIGMTS ON SUMMIT - ENGINEERING DIVISION EXHIBIT; ��� 0/3 Y� 0 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 4, 1985 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer �cu srpll 4. ``- }' _ 19' I SUBJECT: Approval of Reimbursement Agreements for Frontage ••nrovements requested by Deon Corporation, SDC /Green Tree fanchc. Andrew Barmakfan and Cal- Rancho 1, Inc. for street improvements aor their projects located in various locations throughout the City Attached are four Reimbursement Agreements for Frontage Improvements for construction of improvements to adjoining lots or parcels not owned by the developer. These are the first of a series of agreements of this kind to be submitted for your approtiai under Ordinance No. 170 adopted on April 2, 1982. A copy of the ordinance 1s attached. The first agreement submitted by the Daon Corporation covers approximately 13 feet of paving an the south side of the centerline of Arrow Route from Haven Avenue to approximately 3,297 feet east in connection with their project, Parcel Map 6206. The amount of reimbursement from each property owner is shown on Exhibit 'C' of the attached agreement. The second agreement submitted by Andrew Barmakfan covers improvements to Ramona Avenue south of the frontage of their project, O.R. 83 -17. Exhibit 'C" of the agreement shows the amounts to be reimbursed by each property owner. The third agreement submitted by SDC /Green Tree - Rancho covers the construction of one -half of the median island located bet.veen 6th and 7th streets an Haven Avenue for their project, Parcel Map 7731. Exhibit 'C' of the agreement shows the amounts to be reinursed by each property owner. The fourth and last agreement submitted by Cal- Rancho I, Inc. covers the improvements on the west side of Archibald Avenue from Lomita Court to approximately 500 feet for their project Parcel Map 7627. ILI Y 4< CITY COUNCIL STAFF REPORT December 4, 1995 Page 2 C� W Letters have been sent to all property owners involved in the reimbursement informing them of the public hearing. RECOWEHOATIOR It is recommended that City Council adopt the attached resolutions approving the above described reimbursement agreements and authorizing the Mayor and City Clerk to sign sane. ResO/vCtful s ted LOH-ILK:cfe Attp0m ents • u _ ORDWXE no. 170 AR outwct or rRI an co=,L or SRI Cin Or RX%M Cumm'CA, CALtfM%[A, L`TOSSdC A ITt PATAItL. AT TRL T= Or APPLSCATI01 FOR A p0tt0i'AO Pt M FOR TROSL LOSS OR PAACCL9 Or IARO Y[TR IMECT To macro TFRO1TA„ I L "`hpQRr Karl 3EM IRSTALLM ?Mtf %7 TO A tI03LTt Mn ACREV= She Clc1 Council of rL City of Rancho Cueaaonp. Calitornla, desS rNa1n a. lollowe S "t w I' CUPUr 12.01 If TLtl. 12 It U. Rancho Cu....... 1. Ie : Cede b +eandSd by addlni Section 12.01.073 N.[esr to read ea Mitc'P, 'Sp. 12.01.073. taLbuesmant asea.vet (u. "It a (trout. laprovmesc vat c'I'Mcced under n[ P,ncanc cc a nLnbunman[ agnme.t b.dae. N. city and am NOr per•un also$ a Suet[ mJ 0111, , a lot or Pacca If lend on Mleh a bultdin or other •Lrrcme. areueud, me et,: 44 building Pemle. LS u be eor- dneed oe ..Lag W, Noe, "(a) Th. applicant !or U b.1Ld Lng Pamir she31 P47 to No Clry, at NS rise me PPLICA,I.n 1. eub- nttted, all Sun, necessary in W1 the eslnburSmanc eau apportioned to w:b lot rr p.rcol by N. cams a! the r•laburstnent ....Ind.,; and 'M NO butldinl PSmtt hall be tu.0d oottl the Seas Sequlred td be Paid by Sub- SeCtlra (a) of at. Section are pa W.' SCC.1" L Tbo horde SUL' .111 this ONlvme and the, Cie j)7 Cla[k s,oll artasc m the "a am and the City Clock SWL cause N. saN I' robe published vlthin t, 3 ad CIS) days after its paSaaga, at t.a.c I� does In the Otil• R•brre, a OrOswer Of general ebcu:aliod, eirculaca. in the C!q o! Radcm Cucuo.p, CaltlomlA. I PASSED, Ay"OVD, and AD"TED 1hca24t day of April. 1912. I AYES, arose Schloss.,. Iuq..t, C.M. Rlkc:S It= Ron. IRt, Rr.. ATSCST, ✓ laur•n n. ..... roes, City 1rk . 1�P y. • Motat" V. 82 -112 A RZIOLMON OF TMr CIST COMIL or TMr car Cr "'CVO CUC&'XNCA. C.LLUMMA. LSTADLA:IlcO A bVRSC2Y2 acizcR 15A T Or [hTp,CST QV The City u .CLL of Nn City of Lncm Cucavenpa, falt(ar.4, do.. ctsaI's as follourt SLCTTOM 1. various provisions of dtat* lav .n C. tT o,dinaxes all. the Cllr of lancha Ceumac. to eater tn[o nl.bur.ue at a{tAmear. .tto developer. AM mbdlvldtrs of real stage In no City Mee threa el mpplasavt�ilritsGroe eapaeltytettMic� a[blic "pa aeeaar. vhlch ea. included vtchln the boued.ri.s of eh. subdlvlston or devalarm,ttr. lee peso :. Sla'M 2 to otd.t n aLl.,I.t. the tlnanet.l burden S.aoead upoe derdtepariamem subdivider. by reason of rLlr W-t3L.irl. at that, initial aaleeae, pu)llc lap'+veunea Mlcn hav supDlaar. less or LapAcl[Y or Mich ethaM as .reels ppOperty not (OLl31W vlthtn Lor subdtrtafon ae ddrebpvent. the City Council ea lie.:. and dutntnsa cN[ a rsonable rata of locales; should be paid vlN lassoes to avounle outptc to rr.ebur.eYn[. slat" tl the City Council date.locr that • ran of lee pvun[ el T43 annuo pl.ple interest it tale sad reasonable and all reubuleeeaat "T.'son[S ante," into batwn lee City and a devtlopt, or m1rl LV Sdea shall coacatn pravt.lo s for intern[ at 'old rate, .1.9. 0th rut a sent hull" dsnlelned by the City C.tell. SCCCSOV a. The pnlesa •all sues necessary to par the reb bprsome I' gparttontd co such lo; ar pate IL by the r.tas of he nte0arfeeanc gnment' ea that Area- Is used In Srccioa 12.08.025 of LIN DapChp p.CWnra .'D.p.....I Cade. Mall SY.udt interest tDDarad at ohs .lar.saw tan or ea a[hetvb• desanierd br the City teus ,j O p SICRCt 5a Vhanaver A ni_ba:sessnr Alrnaaat b to be mice j' ivto for • d..lopasnc Droleat. epatiftc entire Shall be 81van to asleep properq ewer. ea for the ;rovts3ans If such Vropaaad ainmagc. A c3p- of the proposed dissonant Nall be amt bl etctlind .ail to dll Guth d4cted Property .n.rs Ac lent be dqs prIDr to Nd data said grdmsu; Sa dppr.ed by NQ City. I LA53ID..Af2SO9p. and amino this 4th day of Aupsc. 1982. ATt11 Ddbl, aubdpt SNlantr. fro,,. Mal, 80th Mans AdlCtit Move v ]. hiker., Mayor ATICS:t 4-5.4. ....s uaq cutA ail 0 R[CORDING Rt9UESTEO Ili and YNEI RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0 Sol 807 RANCHO CUCAMONGA, CALIFORNIA 91770 REIM66RSERENT AGREEMENT FOR FRONTAGE IMPROVEMENTS THIS AGREEMENT, side and emt••red Into this day of 1965, by and betwoo—n-n-e—rITY OF PAR a am e, a eunlcipai Corporat l on, herelnafter referred to of 'Clty and Dean Carp ore lion hereinafter referred to as •CavaloDar•, provides: YITRESSETN WHEREAS. Developer under separate contract with the City oaf constructed frontage Improvements, at described In Exhibit A•. south side of A -row Mlqway Developer's development described as: Parcel No; 6206; and, WHEREAS, the Developer, at the Developer's own expense has Ins% al led the frontage teprorssentf along a street or %trash. ad, 01n1nqq lots or Parcel% Of land not owned by Developer, as • descrlbed in Exhibit •6• battle; and; 'INEREAS. the OOst of const-ucting the frontage improvements adjoining such Othor lots Of parcel% if subject to raimberses nt under the provisions of Section 12.08 07S Of the Rancho Cucamonga Municipal Code MCW, THEREFORr, the parties hcrsto agrtf at fo,tou: 1. The Developer hat, and At 0er810010 own expense, furnish all labor, equipment and material, and laid all Costs Incident to the Installation In accordance with plans and SPICifleetid O% aOD101e4 by the City Englnter of the City, the frontage improvements des:rllad In Eahlbit 'A- Planqy the street or at rats adjoining jhe lots or par ce It of land ales trlbed In inhibit •6• 2 Installation of said frontage Improvements have been CDepleted at the sou ti.- as the fre119e improvements for Oerei oper't development described above an completed. ). The City Engineer shall Inspect said frontage do At the enpahse of the Developer. and after any d f1clancr dl%COvered by said Engineer has peen corrected by do, ,toe r, Citr shall accept 5614 frontage Improvements for public Yso e City shaft not be responsible far any lust or damage I o said frontage Improvements prior t., their aaoeptanct by City Developer hereby guarantees and warrants laid frontage Imafevtm2nts for A Parini! Of one 11) year following the coop letlan and acceptance thereof 4981 Ost any defective wort .f labor done, or defective materials furnished .M!"Mikilim. K;)/ 9 5. Developer shalt protect, tndtenify and tart hariles• City from and against any and all claims, dtmemds, and causes of 6t ton of any nature whatsoever, and any e.etnse incident to defense by City of any such demand or action for Injury to or death of persons or loss of or damage to princely occurring because of or In any manner gr0eing out of or In CoNneetton with Developer's construction, repair and maintenance of the frontage Improvements described herein. 6. City hereby agrees to reimburse Developer as fees are collected with respect to the property described In Exhibit '0• hereto pursuant to Section 12 06 075 of the Rancho Cucamonga Municipal Code. 7 Such reimbursement feet shall of Collected in an amount as decribed In Exhibit R• hereto Said amounts are based upon an estimate of Cost which are subject to change based upon actual costs Incured to compl ate the work. In addition, the amounts shall be increased at a rats of 10% per annum. 6 Reimbursement of fees as set forth In p+ragnph 7 +lore shall be paid to Developer from time to time as fees are Collected for portions of the property described In Exhibit 9• hereto, except that all right of reimbursement shall cease fifteen (15) ymers after the dote of this Agreemant, whether or not fully paid. 9. Rights to reimbursement due under this agreement say be assigned after written noel C. to the City by the holder of such rights as shown by the record) of the Clty. Such assignment shall only be effective only with respect to D+ymants becoming due en Days" more than thirty U0) da /t +rear recxlpt by City oW written notice of such assignment City shall not be required to eieidt any payment to be made hereunder In the event It appears from the records of the City that more than one fl) person holds the right to payment hereunder, the City may deliver the full payment to any one of such persons and such payment shall be deemed payment to all 10 tf the fee est+blised by Section 12 lb 075 of the Rancho Cucamonga Municipal Code Is hereinafter declared Invalid or unen /orcmeDlaI or Coll action thereof Is othe•wlse Crecluded by law, all Developer-& rights to reimbursement hereunder shall laedlatley cease and terms 11 This Agreement shall be Interpreted according to the taws of the State of California. This document contains the entire Agreement between the parties with respect to the subject matter hereof. This Agreement cannot be modified @scoot by an agreament In writing. signed by the party against whoa) the enforcement of any waiver, change, modification or discharge Is sought Subject to any provisions herein to them contrary, the, agreement shall in all respects bind, and inure to the benefit of, tha heirs, executors, administrators, successor[ and assigns of each of the parties. Q1 s 5 IN 9ITMESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written, CITY GAON CORPORATION CITY Of RANCHO CUCAMONGA, CALIFORNIA, a municipal / / ,Y.D., �• corporation By: V.P. on • f Naoor ATTEST: prat r Yt 0 of City Clart ................... e...........ee ...e.........ee....e........... STATE OF CALIFORNIA as COU NTY Oi SAN NFRNAAOINO nn ,19_,before at its urn irs 9ns ad No�Pua c, DerT�aiTy appelra h K S and BEVERLY A AUTM[LEi De rf Onalir known to me to De the Hayer and RANCHO CUChMONGA, C IIf Clerk. respectively, of the CITY OF CALIFORNIA, a eunicIP&I tarporatton, anu known to me to be the persons who executed the within instrument an behalf of Slid aunicipal corporation, and actiowled9ed to me that such municipal corporation executed it WITNESS MT HARD AND OFFICIAL SEAL notary insture 1 cx wn y ow. 60.ANGf r j 6;toMr tl. 19R5 ww.»r wrnr a. w.v .ww.wtr DN /pre :act L rt TciepA _,,,, Willi" B. Stith _ tlaw Pelldin[, E YNw tlY/,.l,iawmY M,.re. W.wOy N.ew.wYM� S'9— ^4L1^4i1._�Ntiw uw_L�•e. errat ..tom= ww.,rw OACH CORPORATION ce w »twrvw.wwa w.uw. v.rr.w __ ^' Dad 1. the ad it rdstwwwu,erww....ww...arwrs CAROLS MDF'INS l i ww— ...w .ww..w. .w.r.n<s wa.r ww*r&*'.wwwsr na�t.rnnn I R M.w1S m..w.trwe.ww.rw Inln a' —fora Carol S. rortts S. NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION 02 PARTNERSHIP, ® ABOVE ACKNOWLEDGEMENT T ACCEPTABLE. A COR1A ON /AM /TR71 X[d00CENENT ISREQUIRED 00. P EXHIBIT •A' Arrow Highway along the frontage of Parcel Map 6206 • / 0 Ll All 209. 142 -16 EXHIBIT •B• Hare" t A Limited Partnership 770 Rowland Covina. California 91723 Parca, 1 of Parcel MAP 1993 as recorded In Parcel Mao Boot 17, Palo 22, Lffft H1 Records San Bernardino County, Stain of CA Ifornia. EAceptfnq, th7refron, that Portion deditated by deed as recorded March 13, 1994 Official Record Be- OS7B7i. [Panty of San Bernardino, Sta -m of Calltorn to �ir APR 209 - 142.17 EIR16tr •6• Nlch Sol Patt, at al C/O Gary R. 6raatfma 6949 Santa Fe Soling$ Road Rhlttler, California 90606 Force' 2 of Parcel Rod 1997 of recorded In parcel Nap gook 17, Page i2, Official Reccrdf o/ San gernardlna County, State of Cal lfor la EccePtlnq, therafroe, the South 290 feet (:Pc)-3 0 J 04 7 0 J APB 209. 142.15 EXHIBIT 'B• da.es C. Barton 8409 Ut-ca Av,nu, Rancho Cuca.on916 California 91770 The last 402 feet of the Vest 1295 feet of the South 1/2 of Sectfon li, Tlvnshlp 1 South, Range 7 klit, Ian Bernardino Cate and Mertdlan, �n the County of San Bernardino, State of Cellfornla, 4ecdrding to governe4nt surrey. Exc*rtfag, thvafroq the Southerly 1576 04 feet. Also, saying and excepting they fro. any e1,r10ea dedicated right -of -ray kno,n 11 4111, pout, Highuay. t)Q T APR 209. 142 -14 0 EXHIBIT •B• Jaen E Berton 8409 Utica Avenue Rancho Cucamonga, California 91770 The East 102 feat of the Vast 1697 feet of the South 112 J Section 12, Township I South, Range 7 Vest. San Bernardino Base and Meridian. In the County of San Bernardino, State of Cal ifornla, according to government Surrey. Excepting, therefrom, the Southerly 1571.01 feet. Alto, aacePtin9 therefrom the Interest Conveyed to the County of San Bernardino to the deed /nr Arrow Routr Ml ghway, as recorded July 2, 1951, In Book 311 S. Page J1. Off It 117 Records Also, * ttnq therefrom any portion lying within the land dascrlBa4 In the deed to Iron Queen Mining Company, recorded July 7, 19S7 In Book 5200, Page 116. Official Records Ll • e► � EA1123IT •8• APA 209.142.11 Janes E. Barton 8469 Utica Avenue Bench* Cucamonga, California 91720 Parcel 2 of Parcel Mao 6911 as recorded In Parcel Nap 6911 as recorded In Parcel Map Boot 68, Pages 41 au 42, In the City of Ranch* Cuceeangs, Caunt7 Of $an Bernardino, State of C411fornia EACaptinq, tharsfroe, the S-:th 10 feat of the Bast 684 40 feet II Official ,*cords Back 7209, Page 22 ems D, 4 0 EXHIBIT e0e APR 209.162.06 8 P. Galleno, at •I Marl R Gailenc 4151 Htntville Road Mira toes, California 91752 Legal Oescriptionl That PCTt Lae of Casa teeth 1/2 of Scettot 12. to"ship I tooth, Cute 7 teat, a" 24nordteo Use cos Marietta, 'C"rdlt, " the official 'let of a14 ]ad, dnetibcd " fallen, Cos"Orlog at a feet to the with LtCa tf the ,wth 956.06 tact at Call loo 1/2 at Seattoe 12, M1N ptei Is 5,107 fast .'at of a. enter Ito. of Meae Avenues. eau paler era. sago, se the cant.' W. of "OC "t Anna u -ateaf d wrthirly as Card 9guvet Ae ... 9 ear toov zed to the Cory at Sae's'"al, 4-401 "Cored ee 7, 1967 to heat 4015. Dw no y .N .S. 61. Oftictaf yeurd. test "Mt 2. LOST Lt Wok 1664. PC,, 160, Off klol 6a"rdr them, rorehery af", eh. wRMr1y P"lon.tioe of the ...wlla of starter "Ca. 350 feet. to the t". otter of b-fi"1vS, u" Perot Wiles the torts".8t no., of that Co "614 pmett7 conveyed as Parrot 14. 1 SON deal to John 1, McM7 Pad vtfa. y dew I...rdaf to took 7036. pro 252, Offlc -W ,aureh then,. But aloe, the tort] llsr of told MCC" P"-'t5. porallel vit% the south lSn. of said S.ctlu 12. y0.91 fee- to the w"haaat Center of .s14 lioM, P:"..y lt...0 C"tudn0 Parallel vttb the south It.. of .14 Saetlo, I2, north n,9. 59, 30. ..at .lot them gs"rl7 mmastot of W go"h lie of shot anal. ptW.ry Ca -rytd to Metict C.'wlat", by d.ed r.Cordrd in Wok 7175. pro S 11. Oft, eel Records .d the north It.. of aIs Coolest" rrWCrry. a flap.. of 1193.25 Met to the bateaL'ht at • teagsot .11 "gar Co. eeeeeos sCotheast.ti, eve baste, • red" el 610.00 last aid cone b43rt C"aantrie vttti Cad dlat"t wrtReesrary, 30.00 tat. errnrd ,"Lally fret that ran. t "eve eurib" fe, u..at I. tht Atchiaoe. Top"' "a nee "6 To M31reT ruea6 ". "core d la book 7409. Pres, 711 th"Ib 726. !eclat". Cffldal latent. b"tel . r"LU of 400.00 fat a" 6 haste of 176.64 featf thucs awthoearavy dory the arc of told COUntrte Corn, • distance d 764.61 fat, sobtre4tt, • anent Coal* of ale ale 40e to the seattrlT line a the Atdteeno, Topeas ad Soots To 6Allwy CarPa"es TrOt of e471 at dCrW4 e y r1 la "" neared Te\tu 6, 1914 In book 342, pal. 241 at Mdr thence earth our, the va.ssrIT Itar of aid Caffrey Cdgay right of at. to the .oath Las of tW Ptapery Co. v.7ed to the Cauety el Ms Rains".. ter Arrw MRe. y d." """re My 2. 1934 >n book 3413. pia 51. Ofltctaf Mce "Pat thacre "at e.ae, are tooth live of A"w feet. to N. northeast caner of that denote property co"q-d to Shoot I"u Klu. tae., a reogi. earyoraHw, by dead recorded it leek 7849. Pace 919. Official leurdr thette south elan, the east It-- It "had Shay Iadestri.re Ire.. Troy ... y to the the Pat" 4f MUnete,. i DO 7 EXHIBIT 0- dSOnalt pavement 42,861 an it 4 S0.97 /f9.ft. $78,707 48 bfatf or't parcel mom Owner amount 209 - 141 -16 Haven I S 7,096.28 209 - 142 -17 Michael 94tt S 5,805 S2 209. 142 -IS James Barton S 4 641,42 209 - 142 -14 Jonas Barton 5 4 644 42 209 - 142 -74 Janet Barton 210,876.97 209. 142.71 Greenwood Martin S 6,966 67 209 - 142.06 Mary Galleno S 2.109.24 Total $78,707 48 • t 7 i 4 C n D i ii Y �t _, N'� RECORDING REQUESTED BT: and WHEN RECORDED NAIL TO: CITY CLERK CITY OF RANCHO CUCAN093A P. 0 Box sot RANCHO CUCAMONGA. CALIFORNIA 91770 REIMBURSEMENT AGREEMENT FDA FRONTAGE IMPROVEMENTS THIS AGREEMENT, made and entered Into this day of 1985 by and bstmete • Or RAN a Orn •, a municipal corporation herelnaft,r rafemed to te •C14• and Cal- Rancho 1, Inc henfna� ter referred to a •0 v apar•. provides: 1. The Developer wilt, and at gevalopar's own expense, furnish all laborl equlPaant and material, and pay all cast, IACldent to the InStAllattph In accordance with 31SIS and sotclfleations approved by the City En Intel of the City, the frontage IaProvegnts described In ❑bibit •A• it the the street or Streets adjoining the lob or parcels of 1860 described In Exhibit •8•. 2 In tallation of said frontage tmprovtetets Shall on Completed at the sue time as the fromage Improvements for Developer's devmiapreht described above are comPletrt 7 The City Engineer Shall In,POCt said froata9e Improvements at the ♦%Pon" of the Devala0er, and after any rdellciency elscoveres by Sold Engineer has been corrected by Developer. Clay shall accept said frontage improvement, for public by use. e. City shall not be responsible for any loss or damage to told frentngo ImPrSrnanb Prior to their acceptance by City Developer hereby guarantees Lnd warrants Bald /rant aye Improvements for a Period of one (1) year following the cpmpletlon E VITNESSETM WHEREAS. gevelaPer under Separate contract rift, the City will be constructing frontage Improveeents, at dmicrlbed In Exhibit •A• Construction of off -site lapr..emaptt an the west tide A- of Chibald Avenue from Lomita Court to approtleetalJ 500 /te7 DaYth for gale leper'{ deeelopment deicribed te: Panel Nap 7827. Sonia CILlien Apartment,; and, • WHEREAS. the Developer. at the Developer', awn expense .ill My Installed the frontage Jay roveee.is along a street or streets• adz of nlnq sob or parcel, of land not owned by develooer. as described In Eahlbft •8• hereto; and; WHEREAS, the colt of constructing the frontn9t improvements Wailing such other lots or is parcels subject to relmeursement under the Provision' of Section 12.08 075 of the go. CNO Cuc4e0499 MunlciPII Code and development agreement between the City of eenaho CuCasonpa and Cal - Rancho, Inc. adopted as Ordinate No. 217 on February 1S, 1981. NOW THEREFORE• the parties hereto agree as follows: 1. The Developer wilt, and at gevalopar's own expense, furnish all laborl equlPaant and material, and pay all cast, IACldent to the InStAllattph In accordance with 31SIS and sotclfleations approved by the City En Intel of the City, the frontage IaProvegnts described In ❑bibit •A• it the the street or Streets adjoining the lob or parcels of 1860 described In Exhibit •8•. 2 In tallation of said frontage tmprovtetets Shall on Completed at the sue time as the fromage Improvements for Developer's devmiapreht described above are comPletrt 7 The City Engineer Shall In,POCt said froata9e Improvements at the ♦%Pon" of the Devala0er, and after any rdellciency elscoveres by Sold Engineer has been corrected by Developer. Clay shall accept said frontage improvement, for public by use. e. City shall not be responsible for any loss or damage to told frentngo ImPrSrnanb Prior to their acceptance by City Developer hereby guarantees Lnd warrants Bald /rant aye Improvements for a Period of one (1) year following the cpmpletlon E 0 and acceotance thereor against any defective work or labor 'done, or defective materials furnished. S. Developer shall protect, Indemnify avd save harmless City fro@ and against any and all claims, dc@anal, and uusni of aCt ton of any nature whatsoever, ono any expense incident to defense by Illy of any such demand or action for injury to or death of parsons or toss of or &.sage to property occurring because or or In any manner growing out of or In connection with Developer's construction, repair and malnttnance of C a frontage Improvements described herein. 6. City hereby agrees to reimburse Developer as oar said development agreement 7 Seen reimbursement fees shall be collected In an amount as ascribed In Exhibit -C• hereto. Said amounts are based upon an estimate of Cost which are subject to change based upon actual costs Sneered to complete the wort. In addition, the amounts shall be Increased at a rate of 101 per annum. d. Develoonr will and doll hereby assign to City any right of reimbursement which It may have, whether by law. or by an sporoval first granted ty city on the subject property. for reimbursement from adjacdnt property owners ror the off -site Improvements, the costs of which are being raimhurted to by City In connection with thls development agreement. Developer acknowledges and d reel the amounts collected in the future by the City which would Reye been reimbursed to the Developer at some future data .111 be retained by the City by reason of this assignment and the City hat expedited and accelerated the reimbursement process to the development agreement and has advanced City mantas for reimbursel, which City monies wilt b reimbursed to City by future property ow.,ers 9. This Agreement shall be Interpreted according to the laws of the State of Colifnrnla This document contalns the entire Agreement between the parties with respect to the subject utter hereof This Agreement cannot be modified except by an :or sement in writUlg, signed by the party t9einst whom the nforeament of any waiver, change, eodlficatlon or discharge It sou pit. Subject to any provisions herein to the contrary, this agre am; shall in all raoects bind, cad Inure to the benefit of, the heirs, executors. administrators. Successors and assigns of each of Spa parties. 0 w=;I3o • IN WITNESS WHEREOF, the Parties hereto have eeeCUteO this Agreement on the day and year first abate written •••• _aisuxnen I putt 19th 19 a[ m e CNM[O fdF AlLn ra O,etl le awra lretaW[ tlk!ttwMNVSq J eMb[ne[. Pab bafp[a, eV taY qv oie[e ,% •ixxxza�aaxamtazxv101LV 11. O.x�Liaaxam[uuuau u.a.ua.[ ewvv[arwntlNtaroa . etlMPN w.aawNmn:b, wc[bwN vt�. r.a.aa �C»mC r N oemvan ro a..ea.e N< w/q/rrl >G \[y1bN(OpPK <MPN[CtltlMYq a.YV V e14wNerq .ro atlm/NOM.,Nn Mr�aPOadaN[mpaeb.Itlen,bye pb a[aAK`JN bra b YprwebpT WO[[eN �M pYatl[aM [IV.aAIP ag1[Otla yKV[ [A,B MIOOVY ® YM eMeel��a��MI11MA 1DY11[ •eeeleeaa• tm�lg! `` SnAstlics MALT rwI ro..nmwa.a ,before The undersigned N0 ary u C, pen ane F aPDes, S and CENERLY A. AUTHELET person ally andwn to a to be the Mayor and Clty Clerk, reioactltely, Of the CITY Of RARCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to to to me the partons who uecuted the within Instrument on behalf of sold muMtlpal CorpPratIGA, and ACtnowledped to me that such municipal corporation executed It WITNESS MT HAND AID CFFICIAL SEAL Notary signature STATE OF CALIFORM,IA C as OUMTt GF SAM IERFFRDIXO On this the day, of before me, the undersigned No aq Public persona ) appeared Persona ) hewn to me proved to w. ne th• basis of satisfactory evidence 10 be the persen(s) whole maNeW subscribed t0 the within Ins resent and acknewle ad th—a executed It. WITNESS MT HAND AND OFFECIAt SEAL Notary gn• rre ® NOTE: WHEN DOCUMENT IS EXECUTED IT A CORPORATION ON PARTNERSHIP, TIE AIOTE ACRNOVLEDFEREAT IS NOT ACCEPTAILE• A C ONPORATIO R /PANTRFRSNI7""A[E:!OQE[OCENENT 13 REQUIRED. 11 �111111111111,w �3 / wrl Ltlilli `A• - 1. Construrtlon or off -site Ina,oretents an the rest fide or Archibald Avenue Including fb•eet widening, Pavinge curb and gutter from Lomita Court to lase Line Road • • El • 041817 •S• 14rcal 1 of Parcel Map S792 es reco -414 In Pa. cel Mat Book .59. Pus 74 and 75 recanSs of Sa. eern4rdtno County. Stet* Of Ckllfernle (APR 202 - 151 -05). Property Owners Velrtck Prepert is. Inc 1841 Sherwood San Wind, CA 91108 1-0—I •i. I- r-I LJ E14181T 'C• t E S T I M A T E O F C 0 S T S ARC818ALD AVENUE Curb 1 Gutter 504 L.F P 57.00 • 0,578 Grading G Subgrade L.S. L.S. • S.S00 Paring 1008 S.F L.S. . 1,815 Soil Mort L.S. L.S. 405 Plen Pregeratlone (sitting InCludlft? tton drsln) L.S L.S. 8,920 TOTAL $16,168 • n �.7 w Q0 Y n x3, • h REIRSMEKEI/ "XIMERT rot FRORT"t Ia1ANE11ERTS /� T1Y A92EERE9Tr wade sad tot red tote Ws la• o/ l(�'rt_J.'" I92 ;� by gad betrets o 9F Ll1E��iQ .{—Ea Ora ar a " IC l asI Cy.�oOratlet hereinafter referred to as -City- Rod �atr��a\ Q9t`y/1.�t�/Jir hlrafsafter referred t0 !S �t.00V . gr0• as: b ITSESSETH WWEAEAS. Der&loaer abser secarate contract •Itb the rlto .111 tt cesstrnct /s7 frntSIC 160renmats. as descrited to IsA1bft •Ae for Oe.a Na—.'s 4eralamatot descrited as: Derelagee.t Reeler me. 91 -17; and, UXEtEAS. the Developer. at the Oerelentrrs goo .moose •111 ban tasselled the frostalt fa117re11fats 810.4 a St-"t ar strve:so adjolatal lots or ptfcs/s of sand at dosed or Oevttader. aS described to EnMOIt -5- her# +a; aad; MEDIA% the Cast at ce.stmett.a the f'o'tdae Imaravnasts adtatglnl face other lots or Soroel' Is 'object to retabvstse.t eager the $'Ortrloaf of Sectt0. 12.09.075 of the Rancba COCU4a9a Haalli0al Cede. SM, THEREFORE, the 7srtlss berate agree as lodges: 1. The D@se/toer 9411. 444 at Oerolooer•s one ltterse. forms" all labor. e401e.44: sad Ontario). aad an all raps faclda't to the IRS10183184 Is accordance alto class &a4 ;9.,IlfcltfOAS 1atr0r @d Or the Ctt1 Eallaaer of the Clow, the ,rental@ fesreregtats t4scrlbed lr Eahtttt •A• alone the strgt ar streets adlele101 the lots or parcels of land defgrl0at In EA4t61t 9r. 2, tessellation of said frontage feororeaeets snail be c9gpleted at the sere sty as the frog&$& Lorevesests Ibr DerelaRr's deTelopeeet described .bore are coma toted. 1. The City Eaffsesr shelf (aspect said O ogtgga lamr"Weats At its @,pease of the Developer. ad A-ter a., daflcleaq df'Cav4rC4 br said Engineer fob been Cxreeted by Developer. city $halt accept said fro.-Su foorgve,mots for eabt/c ate. to Sold Go0189i ILaproaelgAtse Prlora to btheirrAcceptance 0, by Clio. 0210100er hereby 9tarsatees And narraots said frontage inpralmots for a period Of as (1) year sallowish the cotaletlgn ead 1 "Opta[e thereof 89810st 32Y defective Dort or labor does. or dwfdctfn materials foratshed. 1 x-35 S rECOt0tas REQUESTED h: and HRER SECURED MIL TO: CITY CLER[ CITY OF SoRCtO CLCAADR:S P. 0. "1 907 RAACRO CCANG%GA. CALIFOINIA 91770 REIRSMEKEI/ "XIMERT rot FRORT"t Ia1ANE11ERTS /� T1Y A92EERE9Tr wade sad tot red tote Ws la• o/ l(�'rt_J.'" I92 ;� by gad betrets o 9F Ll1E��iQ .{—Ea Ora ar a " IC l asI Cy.�oOratlet hereinafter referred to as -City- Rod �atr��a\ Q9t`y/1.�t�/Jir hlrafsafter referred t0 !S �t.00V . gr0• as: b ITSESSETH WWEAEAS. Der&loaer abser secarate contract •Itb the rlto .111 tt cesstrnct /s7 frntSIC 160renmats. as descrited to IsA1bft •Ae for Oe.a Na—.'s 4eralamatot descrited as: Derelagee.t Reeler me. 91 -17; and, UXEtEAS. the Developer. at the Oerelentrrs goo .moose •111 ban tasselled the frostalt fa117re11fats 810.4 a St-"t ar strve:so adjolatal lots or ptfcs/s of sand at dosed or Oevttader. aS described to EnMOIt -5- her# +a; aad; MEDIA% the Cast at ce.stmett.a the f'o'tdae Imaravnasts adtatglnl face other lots or Soroel' Is 'object to retabvstse.t eager the $'Ortrloaf of Sectt0. 12.09.075 of the Rancba COCU4a9a Haalli0al Cede. SM, THEREFORE, the 7srtlss berate agree as lodges: 1. The D@se/toer 9411. 444 at Oerolooer•s one ltterse. forms" all labor. e401e.44: sad Ontario). aad an all raps faclda't to the IRS10183184 Is accordance alto class &a4 ;9.,IlfcltfOAS 1atr0r @d Or the Ctt1 Eallaaer of the Clow, the ,rental@ fesreregtats t4scrlbed lr Eahtttt •A• alone the strgt ar streets adlele101 the lots or parcels of land defgrl0at In EA4t61t 9r. 2, tessellation of said frontage feororeaeets snail be c9gpleted at the sere sty as the frog&$& Lorevesests Ibr DerelaRr's deTelopeeet described .bore are coma toted. 1. The City Eaffsesr shelf (aspect said O ogtgga lamr"Weats At its @,pease of the Developer. ad A-ter a., daflcleaq df'Cav4rC4 br said Engineer fob been Cxreeted by Developer. city $halt accept said fro.-Su foorgve,mots for eabt/c ate. to Sold Go0189i ILaproaelgAtse Prlora to btheirrAcceptance 0, by Clio. 0210100er hereby 9tarsatees And narraots said frontage inpralmots for a period Of as (1) year sallowish the cotaletlgn ead 1 "Opta[e thereof 89810st 32Y defective Dort or labor does. or dwfdctfn materials foratshed. 1 x-35 S rn u S Developer shall orotect, indemnify and save II4e1H' City ?'On and against SOY and all Claims. demands, and Cuites of action of any nature shot....... and SAY *.Dense Incident to defanSe by City Of %Y such demand 0, action for Injury ., I. de a to Of POPSOIS Or loss Of or damage to ornoerty oc. b:CAUSO of Or In any manner 9reW1nq Out of Or In CO.'at I'm, . 0reloper's construction, repel, and maintenance of the f,00taae Improvements described herein 6 City hereby agrees to reimburse 0@'elove, as fees are cOIIICted with respect to the orroerty described In Echlhlt •6• hereto pursuant to Section 12 08.075 of the Rancho Cucacalaa Municipal Code I. Such reimbursement fees shall be collected N. an amount as decrtbed In Exhibit 4• hereto. SRI$ amounts are 54.04 upon an estimate of cost Which are suhjott to Change based as in actual Costs InCured to Como late the Wort In addition, t•,e amounts shall be Increased at a rate of Ids p@' annus. S. Reimbursement of fees I set forth In Daraaraeh 7 abcve shall be paid to developer 'a* to time as fees are r0711ted for portions of the pr. Ertl 7strlbtd In Exhibit -A- hereto, eK *Pt that alt right of r. +burs sot shall coast fifteen (15) yea'S aft@' the Into Of this Aa -- •:ant, Whether or not full, paid 9. Rights to reimbursement due under this agreement ear be assigned aft1l Written notice t0 the City by the holder of inch r l ynt$ as Shorn by the records of the City. Such assignment 'hall Only to Offet two Oriy With 'aspect to Payments becoming due a� Payable pare than thirty (701 days after r ... let b, Oltr written nutlta .11 such a'f lgn0 ant City shall not be ,equlrea to alvldt any parent to be made hereunder In the event it a00e4rs trio the records of the Clly that sore than One III person holds the light to payment hereunder, the City AV delve, the full payment to shy MC Of such 01,111, and such 041,411t shall be deemed payment to all 10- If the fee tStabllsaJ by Section 12 08.07S of the Rancho Cu Cesonga R�lniciDai Code Is hereinafter declared invalid or unenforceable, Or Collection thereof Is Otherrlse Precluded by law, ail COV01014", rlghCS to reimbursement hereunder shall hi le ed tter cease aid ta,minate 11 Tails .19'atment shall be interpreted aecordinq to the laws Of the ;tote of California. This daCovent contains the entire Agreetmet beldam the parties with rude ^.t to the subject natter hereof. Thil Agreement cannot be modified Recent by an agreement in rrltido. signed by the party against who+ the enforcemeat of any w.drer. Change, modification or discharge Is sought Subject to any provisions herein to the Contrary, this agreenent shall In all respects bind, and Inure to the benefit of, the heirs, executors, edministrators, successors one %Signs of each of the parties. 0 a ;0 �, I IN UtTIESS WHEREOF, the 041tlet hereto have txecu1ee.t%4S Agefenant on the day and rear first Above written CITY DEVELOPER CITE Oi RANCHO e CUCANDAGA CALIFORNIA, a umcloal corporation , Er on U. Mit*)$ Mayor ATTEST: wvr A AuMere City Clark ere.... r ......................... ............................... STAR[ Oi UIl1i0RN to fs COUnTT Oi SAM BE0.eAR0[NO On I ee the u�rs gne o Oy Public' DersonA, v aponra S end BEVERLY A AUTNELEt carionallr known to ee to De the navor and City Clark, respectively, of the CITY OF RANCHO COCAwneC1. • CALIFORNIA. a eunlclp,l care ... tlon, and %hove to we to bt the O -y01H -no alacuted the within fAltrueent on behalf or Lain Municipal Corporation, and aCknowledged to ea that Such wunitloai corporation executed IL WITNESS NT NAND AND OFFICIAL SEAL. _- COT—" —Y gesture STATE Of CALIFORNIA ft COUNTY OF SAN BE0.NAROINO the On this the day, of before the ..dersi,,td Notary Public personally ap0un T-1 pe rfana y nowh o u ( ) preyed to (s On the Oaflf Of Satisfactory eYldaaCe to be ins resent an whose naee(s) faDfcrlDad to the within ES ins iHANDOt and OFFICE owl weed that executed 1t YITpC55 MT MARO AND OFFICIAL SEAL Notary 0na ure NOTE: NNER COCUNENT IS EXECUTED By A CORPORATION OR PARTNERSHIP, THE ABOVE ACXNOWLEOCENENT IS NOT ACCEPTABLE. A CORD ORATION /PAMNSRI►FCEY07CFOCCNFNT IS REQUIRED. ' CD37 a!R Exhibit •A• 1. Asphaltic Paving 2. Curb 1 Gotta' • 140 L F. 6 SS.60 /lF 1. Saver Manholes to Grade • 2 P S24S.00 as 4. hater salves I Grade • 2 P SSS 00 as S Street Lights . 2 6 51,500 00 es 6. Fire Mvdrant Asstebll total Reimbursement R 5 6,211.49 S 1,904.00 S 490.00 S 110 00 $ 1,000.00 9 l 196.95 $11 104.4 9 J. ,0 EXHIBIT -8- APB 1077 - 621 -29 Proparty owner: Earner Jacks Nursery Land Co.. Inc. 246 N Indian Hill Blvd Claremont, CA 94711 LEGAL The South 180 feet of the West 175 feet of the Southwest 1/4 of the Southeast IN of the Southwest 1/4 of Section 2 Toweshlo 1 South, Range 7 Watt, San Bernardino Bate and Meridian in the County of San Bernardino, State of California APB 1077- 621 -20 Property Owner: Parser J4Ctl Nursery Land Co., Inc. 206 M Indl an Nil I Blvd Claremont, CA 91711 LEGAL The North 96 78 feet of the West 175 fast of the South 276 78 feet of the Southwest 114 of the Southeast 114 of the Southwest 1/4 of Section 2, Township 1 South, Range 7 West, an Bernardino Base and Meridian In the County of San West 1/4 State o• California APN 1077- 621 -33 e Property Owner: farmer Jack Nursery land Co. Inc 246 N. Indian Mill Blvd Claremont, CA 91711 Parcel 2 of Parcel Mao 8100 as recorded in Bock 85 of Percol Naps, Pages 5 and 6, records of San Bernardino County, Stott of California w� E4hsblt C• APR 1077 - 621.29 Curb 6 Cutter t78 L F 9 SS 60 Asphalt Faring 119 a $6,211 69 Raise 54.0r Manholes 2 9 $245.00 Raise Rtter valves 2 9 $55 00 Street Lights 2 0 $1,500 00 Fire Hydrant 441ambly - Lueo Sus - S 996 80 52,630.49 S 490.00 S 150.00 t7.000.00 t1.38a. 94 Total t0 515 24 Ape 1077- 621.30 Curb 1 Gutter 97 L F. 9 15.60 Asphalt Paring 97 a $6.211.49 Total aarcel 2 Parcel Bag 8100 Curb 6 Gutter 65 L F 9 $5 60 Asphalt Paving 69 a $6,211.49 Z81 Total grand Total 2;�0 6 547.20 V.t44.IR $2,687,38 S 364.00 St 436 6�2 $13,104 44 RECORDING REOU£STED IT: and = WHEN RCCORDED RAIL T0: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. 102 Be? RANCHO CUCAMONGA, CALIFORNIA 91710 REINIDRSEMENT AGREEMENT FOR FRONTAGE INFROTEME973 THIS AG EEMENT, made and entered Into this 3 daj of �_ , 1985, by and betrun EFTCITY or RAR GTTfare a, • tunlClpal corporation, hereinafter referred t0 U 4,ty. and CnenT laveo karaintfte, referred to ee -Developer-. es: WIIRESSETH WHEREAS, Developer under separate Contract with the City will be constru:tle fraetage Improvements, as described In Exhibit •A• oovhalf landscaped median Island as shown an City PI n M po 311 for Developer's development described If: parcel Nap 7711 and. WHEREAS, the Developers At the Oevetoper's axe expense VIII how le at. led the frontage improvements along a street or stneta, ed, +iAleq lob or parcels of land not Ovo.o by Developer, as describeU an [shlblt •P hereto; and; WHEREAS, the Cost of constructing the frontage Improvements adjoining such other lots or parcels Is subject to rslabursemeat Order the provisions of Section 17.08.015 Of the Reecho Cucee009A MOMCIp41 Code. NOV. THEREFORE, the parties hereto agree as follows: 1. The Developer will. and at Developer's own expense, furnish all labor. equipment Red material. and pay all costs 1.cldent to the IsaL6li4t1OA In accordance with plans and egeal/icstIORR approved by the City Engineer of the City, the Iroetags Improvements described In Exhibit •Ar Alan the street or street% 441o1n1Ag the lots or parcels of land described In Exhibit 2. Installation of said frontage inprovemeAts shall be oampleted At the sane tine as th. fronale Improvements for Oevl01100S dnelopuet described Above are corpleted. S. The City Engineer shall Infect said frontage improvants At inn 0291010 of the Developer, and after any dot I,I icy discovered by said Eeglneer Nee base corrected by Developer. City shall accept said frontage Improvements for pobllc nee. to said frontage- Impreeeseets prior t9 theira n�y��p 0y., Developer hereby pnnreebee a s0 Iroetage Oproruemtt for a ) year following the tompletlan &Rd ICUMavo- �timne- �tlf�0( aga maM•ssie- fwrnlea0l ipat any defective work Or labor done. ►r'Rri •�, v✓ De4 e 4 1� 4 �t ly+ti�. •r•••,. n..r .no .,, ones. $$aces.$ of ati lop 0/ iAy metY re whe tSO er er, acd an p(F�� tACidtnt t0 $$save *by Cltr of any such des r�itbton roc tnlury to or darn of penent or to r Oaeage to property occurring beclau o/ or 1 nner grooin9 opt of or In connact5on with Derta t"n-t•u t o_ -oleic an si /ntenanu of the honti9s. d Collected itthlirespect to gthetproperty described Developer rExhibit $•I e _ at such time as said property is further subdivided or developed, htrts pursuant to Section 15.08 015 of the Rancho Cucamonga Municipal Code. 7. Such reimbvrsepmt Nee $hill be collected In an emount a decrlbad In Exhibit C• hereto. Said amounts are baud upon en estimate of cot which are subject to cis ang# bred apace actual eosq Ineund to eompLU the wort. In addition, the emountt shall he 1pertitd t a rte of 10% per annum, R. Reimbursement pt -poop at set forth 1n paragraph 7 c.On fkall be paid to Oen lays from time to time as fees are Col Tatted far portions of the property described in Exhibit aR• hereto, except that all right of reimbursement %belt close fifteen (15) years after the data of this Agreement, whether or not fully paid. 9. Rights to rteburstient doe pods this agrtemint may be assigned after written notice to the City by the holder of Bach rl hts ac shown by the records of the City. SYth assignment SWAM onyyir be effective with respect to payments becoming due and irit"n Stice than such assignment - City shall east pbe required to divide any payment to be made hereunder. In the #rent it appears from the records of the City that more than one (1) person holds the right to payment hereunder, the City sty deliver the full ..rues to exy one of sulk persons and such payment $hail be data payment to all. yy 12.08.7S of Manche Cucamonga Municipal Code Ist hereinafter ode laced tnvalidtor unefiforesble, or Collection thereof IS otherwise proaludid b) law, all Developer-: right. to reimbursement hereunder shall Immediately cete.aod terminate. laws Of the Staff of aCalifornia E# Thisrodocumentc contal so the #afire Agreement between the parties with respect to the subject matter hereof. This Agreement Commit be modified except ty an :.1 reagent of wanyI wglvsrl cnanpi, 1100WIe Lion porn discharge tali sooyught. Subject to any provisions heroin to the contrary, this ti respect heirs txttJtcts. 49sintstrators •nSuccessors the assigns at each of the parties. • E ■ i IN RITNESS NNEAEOF, the parties hc•ete here exicucad this Agrmre on the day and year First ahoy° written. CITY OEYELOPER CITY OF RANCHO CUCAMONRA. SDC/CRIMe TP.yt. RANCHO CALIFORNIA, a municipal Op SANTA AMTA DEVELOPaiEMT corporatian CORPORATION, V.ture P,r ly. D —"�'oa IT- eA71 -Ti �– --i-•" �,,`�`��'J',.`n„� Mayor Vice Preudent ATTEST, erTiTi v at City are . 64-4 Secretary » aeett et eeu. auteutott» eeetattatnaeenanttatattteaeeatu STATE Of CALIFORNIA )) COUNTY 07 SAN IERRANDIA01 as 4 19 _,Oafore the on aH one o. ary u t, persona • appeare and IEY[ALY A. AUTHELET Cersenally known in me to be the He or and City Clerk, respectively, If the CITY OF RANCHO CUCAMONOA. persons N rho aexecutedptthe °withini °instr men, antbehalf to Ofesaid municipal Corporation Rod acknowledged to me that such municipal corporation executed ft. VITAE$$ MT MID AND OFFICIAL SEAL. o ary agna urn COUNTY OF SAN IEPNARDI901 sR me, on this MT day. of before the n —TiTOT F cn satisfa°tery evidence subscribe d to the �� executed it. NOYEI "to DOCUMENT ti EXECUTED IT A CORPORATIOM OR PARTNERSHIP. • � THE ABOVE ACINONL[Dn[N[AT ES NOT NOR III OLE. A COR /ORAT70N / ►AN DO[N4T 13 REQUIRED. r` yA J S -A 7E OF CAL.POr NIA ( - COUNTY ')F ORANCE S ru S 1 04 trai. betmf 1111, it4 I�tlt^ed. , Nerur LC , W m Yld State. PfueMllr opplaed OtL_LIAO A. STE[LEPVraYllr 4notm to me (m parts to me m me pour of utytectary erICM1f) to M t1Sf Parm vM eimt,d 0. 11," unrvemmt a Semltaly M petWf of SANTA OEYELOPMENt CORPORATI ANf:A ,GYlprtee(W t0 me wl 41d w "Mted fMreln nM1f0. y1i CerDmiUOn f110 b yy f yyteWllMt Perrault to Iu prYn m a nrotetron et u Goad of dueltmr, yy 1xrPor,um bind Imovn to mf to pf w Yu1Nre Puma 1f w PuinlrWp wt exmted the vllhm 6utmmm% M4 &d mrle.lded to me that IFh cuW&Lm encyted w ru , a wp Pu w uld wt exn Puuurrf e,eated w wu. WuNESS mr h" end offkw a1 .� '5w D ar SEALr rO1ll0 Nll,ipl r` yA J n "/ SLATE OF CAI.IFORMA I COUNTY OF ORANGE t � f C On ' WW list. brlore tne, the halancd. a NOWT •Pubh N aM far tad State. VtneynP appeued :AMTS C. WATSON, pvsor ify Imam W ma (ar prated to me on the basis of utWa"=y erlt4n d W her the Per4011 who executed ua within Wtrtenml u Vks PreaHm4 an bent! of SAWA ANITA DEVELOPMENT CORPORATION, the cwporatlm tfa n,,ne4 no 4141,O00"ed W tta W t MW carparatlen "Mnad the .1" Wtrument Pa t W la bTiatn w a rewtuim of Itt be9d of 41a 4 utd caporatlm being known W ma to be the Vmhre Parmer at the Puvw%N> that executed tht within Wtnment, MJ &CkMwkdgtd W me that rich CWPWatlan eeeamted the lame u ri ft patine, and that rich pattnnddp snorted tla une WITNESS mT hand and oNhclal "L el; `r tarT .d SEAL am M e -TS t c- •c2ti P • tSMlelt •A• tneta0e0 median M an d on Mar.n Avenue 0.9enntn at Station 27.0 .efaat 7th Strut St at ten 391e9.90 Su.ral tl from YY tn Strut to an u an Avenue. • T Y t E:xlety •e• 1 TP I Orc o/ 1D arcelrcMaps. o Cu ty as of recorded d Bern arC�eob. State If California (APR 209.411.1). 2 Lots 11, 12, 13 and 14 of CCCaeongs Fruit Lands as recorded In 100, 4, Dale 9 of maps, records of San Bernardino County. State of CA Ifurnla. Eeceetlag tharefrou those portions of Lots 11 let 12 lying northerly of the following described land: condenaing at a Saint an nfe tthe free athe Southustarly eorn�l of laid sLot rib linetOfxlotf 1] and l 57- ec aeDO1n1 Inathel Yetbrll Ilnesofhseid Lot 12. Also @Dingth of o t ,a 216 fret of Lets el and 14 lCt e Street eel and southerly f j 10 Also ap"7 h (ADS 209411•I4 the Yet t of l2sn017 S' iaaislal ofrurl Parcel Plop 6S44 as recorded in Darrel Plop $Oak 65, 0 0 EXHIBIT C. stamped concrete 518,000 00 cuvb SZ1,000.00 Mater Meter and Lateral S 5,700 00 Paying S 9,000 00 Electrical Supply S 1,500 00 Landscaping $20.000.00 TOTAL $74,200.00 Velmbmrsenent to be one-half median Island •577.100.00 1 Parcel 2 of Parcel an 6194 279.70' 225 1717-79• • 58,162.00 2 APN . 209.411.14 all 532.79' •SlS.ZI1.00 TT=. ' Parcel I of Parcel Map 6564 775 471.27 •517,727.00 T717.79 (18,600 held In trus!) L r V V RESOLUTION NO.-eii•04 -tW A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT ' AGREEMENT EXECUTED BY OALN CCRPORATION FOR CONSTRUCTION OF IMPROVEMENTS ON ARROW HIGHWAY WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Reimbursement Agreement executed an December 4, 1985, by Daon Corporation, as developer of Parcel n;o 6206 for the construction of a portion of gran. Highway south of the cegterlinc of said highway; and WHEREAS, the developer, at the developers expense, has constructed said portion of Arrow Highway; and WHEREAS, the owners of the adjoining properties will share in the expense of said construction as stated in Agreement prior to development of said owners properties, as described in Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. PASSED, APPROVED, and ADOPTED this 4th day of December, 1985. AYES: NOES: ABSENT: Jon D. flikels, ayor ■ ' WHEREAS, the City Council of the City of Rancho Cucamonga , i California, has for its consideration a Reimbursement Agreement executed on December 4, 1985, by Cal- Rancho 1, Inc., ' RESOLUTION N; tie-04-eft B s • 3 a 9 S- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO said off -site improvements; and CUACMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT property will share in the AGREEMENT BY CAL - RANCHO I, IN':. FOR IMPROVEMENTS ALONG - f ARCHIBALD AVENUE described in Agreement. ' WHEREAS, the City Council of the City of Rancho Cucamonga , i California, has for its consideration a Reimbursement Agreement executed on December 4, 1985, by Cal- Rancho 1, Inc., as developer of Parcel Map 7827 for the construction of off site improvements on Archibald Avenue; and WHEREAS, the developer, at the developer's expense, has installed said off -site improvements; and WHEREAS, the owners of the adjoining property will share in the expense of the off -site ioprovements as stated In Agreement prior to development of said owners properties, as described in Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. PASSED. APPROVED, and ADOPTED this 4th day of December, 1985. AYES: T NOES: i H p ABSENT: Jon 0. Mikels, Mayor 0S0 C a RESOLUTION NO.`Eia-fl4_&eN '8,5-3:56 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RA" CHO CUACHONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT BY ANDREW BARMA.CIAN FOR IMPROVEMENTS ALONG RAMONA AVENUE WHEREAS, the City Council of the City of Rancho Cucamong, , California, has for its consideration a Reimbursement Agreement executed •n December 4, 1985, by Andrew Barmakian, as developer of D. R. 83 -17 for the construction of offf site improvements on Ramona Avenue; and WHEREAS, the developer, at the developer's expense, has installed said off -site improvements; and WHEREAS, the owners of the adjoining properties will share in the expense of the off -sfte improvements as stated in Agreement prior to development of said owners properties, as described in Agreement. Rancho Cucamonga, California, nia, thatOLsaid Reimbursement CAgreeme t the anidythe same 1s hereby approved and the Mayor 1s hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. PASSED, APPROVED, and ADOPTED this 4th d,y of December, 1985. AYES: NOES: ABSENT: Jon a s, Mayor K L A RESOLUTION NO.1M4t -03* 257' 33 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO - -_ CUCAMONGA. CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT EXECUTED ON DECEMBER 4, 1985 BY SDC /GREEN TREE - RANCHO FOI A LANDSCAPED MEDIAN ISLAND ON HAVEN AVENUE BETWEEN 6TH AND 7TH STREETS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration a Reimbursement Agreement executed on December 4, 1985, by SDC /Green Tree- Rancho, as developer of Parcel Map 7731 for the construction of a Landscaped Median Island on Haven Avenue between 6th and 7th Streets; and WHEREAS. the developer, at the developer's expense, has installed said Landscape Median Island; and WHEREAS, the owners of the adjoining propert as will share in the expense of the Landscape Median Island as stated in Agreement prio- to development of said owners properties, as described in Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Reimbursement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said • Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause ssid Agreement to record. PASSED. APPROVED, and ADOPTED this 4th day of December, 1985. AYES: NOES: ABSENT: Jan 0. Mikels, R1 ayor CDs � a z e i? 14)'. CITY OF RANCHO CUCAMONGA rhuksJ B."a ll Jenny War - plrh.w x D.W PwhJ.Rrudd November S, 1935 Rennach W. Car 6670 Alta Woods Way Rancho Cucamonga. CA 91701 Dear Kr. Cost We have received your request to address the City Conceit on the Loans of an anti - smoking ordinance. Since the November 20th agenda is already eatrasely full vith public hearing item, ve have scheduled your request to be heard on December 4th. Ibis itnc vill be beard after the public hearing item as a City KAnsger's Staff Repor. item If this tiro is not convenient for you, please give r a call. Sincerely. Beverly A. Authdet City Clerk m 3ASEI.1V,i ROAD. SURE C • POST OMCE NOA 907. RA. \C110CCCAWOYCA.CALIPOR..NIA917J0 s 1,7149894831 Ir Recalvag CITY AD O�GA MINISTRATION Oaa,51 6 w 7i�>i�lliltillie 1 Rs Beverly Authelet City Clerk P 0. Box 807 Rancho Cucamonga- Dear 91730 Dear Ns Authlet: We would like the issue of an anti - smoking ordinance. similar to the one recently gassed by Los Angeles CoM ; ;�.beopa °feeL.ucunsideringr next meeting (November 20. 1985). The timing ixpansin in Rancho Cucamonga ttton for caompantes9aoving The inswillrbe. action is in its ' codes or Rancho TI,js industri alawasteulRanchooCucam oogawwould also bectakinga statementas a comzunity concerned aVut the health and rights of those living and working within her borders area where 45 workutCgather in an rulesior laws Prohibitingnar�restr/t nleismoutsi e any manner is This situation cannot ba resolved internally unless outside I in length Thank you for your co- operation. Please consider this Proposa citizens for the Right to Braathe Enclosures 9i -7c• I .d r 1.1 10 /I /85 - We. the undersigned, feel very strongly that our health in being Jeopardized by being forced to breathe cigarette smoke on a continuous basis while at • work, We again make an appeal -to General Dynamics that smoking be banned in the working area, or at the very least segregate the smokers in an area separating them completely from the non - smokers by floor to ceiling partite Ons It is bad enough that we have t0 breathe these fumes while walking in the hallways, attending meetings, in the bathrooms and In the eating areas, without having to deal with this serious prcbiem while performing our daily tasks /[/7{ ,vT a f- �x� k ,�,•` ASS 1� /_vt ,N I BOARD OF DIRECTORS M Mw • x• -uYY. WN r....,.,1 M ✓.NM DN Y4 YY. h.W.nt Vp Mr.. 4.wY Y.•q Ms. F.MOM 4.MIY N.r .TN Y.YY.Y Cr.MaN YY.. M1n OM. r4 YY. Y.Y.M. YOYY. YY. R.YYnt YM[YI, TY,Yw. eYM. .NY:.rw MIM89RSKIP COMMITTEE rw.Y s •...w Y Y o o- .,. a...N Y.Y,. biYT T M.Y e. Yw Y.Ie.gW awYT Ywa.Wlp.wM WY. IYNY,Y Y.I Y 4.W 64Y[M rY. w.YYr c..w. YW. YY.Yr • Y..r 6N Yw+ Y..N Yp..VTY YY, Y.Y.w rYpyYlY YW CM..YM. Y..WM R18u0 OFFICIALS BOARD sY rrq. cY�.. t r "C . N C.Y. Cw.., lh Cwn Y.W., M e... ar.w .Y.w. 4. Ie.. ,.MW.OY. Y. IpY OYW+. A., G✓lN. M .1 YAM M b.w ,,.YrwnN M tN vq YY.Y M • o..q o•.a u.Y.. w e.... a.qY. DYY.IM..YYi.Y N. T.oN..Y w YwY October 30, 1985 Ms. Beverly luthelet, City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Ms. luthelet: t CM IV e-41 UCANOW CCT31 as Ar 7^%ih(42jj4 UAi Pursuant my telephone conversation with the City of Raaaho Cucamonga City Clerk's office, on October 29, 1985. I am submitting this letter per your request to be placed on the agenda of the Rancho Cuoaaocsa City Council. As you know, I u ■ Reg10ma1 Chairman of We Tip, Ina. acJ the purpose of my pres,atation to the City Council will be informative to the Council en the operation of We Tip and our plans for the oozing year. Please advise as through correspondence or by telephone as to thw possible date that I might be placed on the agenda at (7 i) 987 -5005 or (714) 9 46 -7078. I loo- forward to your expeditious response. Thank you in advan:e for your cooperation and assistance. Sincerely, Y. Hu Allan Y . Regional Chairman WR TIP, INC. E490 F. Business Office a P.O. Box 1296 a Rancho Cucamonga, CA 91730.1298 • (714) 987.5005 0 I 1 CIW OF RANCHO CUCAMONGA CLuwJ. - t9l1 X D& D J,DM Wtb RkaW sL DJd ru,hJ. N'ridl October 51, 1985 Allan 7. 9imphreya Regional Chaitman We Tip, Inc. P. 0. But 1296 Raaoho Cucamage, CA 91750 p.ar Mr. 9,mpbrpel In response to your request to be placed on a City Council Agenda, we have scheduled you for the December 4, 1985 mating. 'lour it" will as a City Man - egar'• Staff Report scheduled after tba pnblii hearing items. we era entry that we could not sebedula you for Rovember, but the Agendas were so full that it would he at least midnight before we would get through all the public hearing items. It you would give ay office a call on Monday or Tuesday, we can give you a more pact tfee that your item will be heard. Should this time be inconvenient for YOU. please give me a call. Sincerely, Beverly A. Autbelet `�- "ity Clerk 0330 RASRLCt@ ROAD. SUITE C • PoSTOMCEBOXicT . RA. YCf(OCCCANO.YGA.CALtFOe. %U#1r50 . 17111f536.s51``t?_ l� ■ s 1i CITY OF RANCHO CUC UIONGA STAFF REPORT Date, November 27, 1985 To, city council and c ey Hanger y1 From, 8111 Holley, Coos nity Services D At s 4 C A Z �Mj Subject, PRES@ITATION Of . PROPOSED COOPERATIVE VENTURE INVOLVING THE YMCA, LEWIS HON11 AN, THE CITY OF RANCHO CUCAHONGA FOR THE PURPOSE OF ESTAB ISM79G A YMCA LOCATION IN RANCHO COCPJC.WA. The YMCA and the City have been discussing for the last several years the idea of locating a 'Y' ie rancho Cucamonga, —where would be the best location, how would it be financed, etc. Several months ago, Richard Lewis, President of Lewis Hosea, and a strong supporter of Use YMCA, became involved in the discussions. Out of these discussions the following concept evolved for bringing the YMrA to Rancho CUCamOP9a in the near future. o An optimal Bite location would be the peak site located at the north east corner of Milliken and Church Street. This site would be an optimal site for the following reasons o It will be directly across the street from the proposed hospital. This will readily lend itself to a closer working relationship with the hospital for offering many of the excellent 'aftercare' progress of the 'Y', such as their weight 1008 and post- cardiac fitneso programs. o The very close proximity of this location to the business and professional offices on the Foothill corridor would be a bonus. A major client target of the 'Y' fitness programs are the 'early bird' and noon time working adults. o Central location, of course. o The concept of this venture contains the following elemental • The City would provide the site. ( -his site will he dedicated by Levis Homes Be part of their Terra vista projectl. • Levis will provide a structure on site to house the Y's operation. (The structure will actually be the property of the City leaned to the Y for a token amount, any $1.00 per year. for a period of 20 or 30 years). o The adjacent park will be cooperatively designated by the City /YMCA /Lewis to facilitate a top flit setting for the operation of this organization. D"58 .G YMCA November 27, 1985 Page 2 W1 Bottom line in this... if the feunCLI and the 'Y' Board both agree to thle general concept, a IPncific agreement would be drawn up to implement the Idea. Comments In my view, this produces a win /win for everyone ...toe people of the community, the 'Y', Lewis, and the City. All parties are excited about proceeding. Recommendation, Direct staff to proceed with preparation of agraesant between the YMCA, Lewis Homes and the City of Rancho Cucamonga for the purpose of establishing A YMCA in Ranc o Cucamonga future park site at Church Street and Milliken Avenue. Att, Levis Correspondence - October 23, 1983 Terra Vista Land Use Plan • Lm s HOMES .w Ma...:ro o em6701LVUFAC." 9IM1714 saso+r, October 23, 1985 Mr. P111 Holley Crmrunity Services Director City of Rancho Cucamonga P 0. Box 807 Rancho Cucamonga, CA 91730 Re Terra Vista/YMCA Dear 8111: We have been working with the West End YWA to see if :ra could provide them with a site in our Terra Vista development for their planned Rancho austrongapresence in RanchoeCucamonga � i atfull facility wish to have Conceptually, we see a Possibilltyof making thishaPpen In the following manner. 1. We are required to have a certain amount of improved park area in Terra Vista. There is a formula which dictates how much acreaoe we shou andvprove the p arka dollar amount per acre that we need spend i 2. We understand the improvements run aparouchately $48,000ng andre. We propose to eo minimal imProvemg sprinklers but no structures, bathrooms. or playground equipment. We feel this can be done for something around $35,000 an acre. We propose to he difference to Provide a structure to be used for a eM building. 3. are 21 YMCA building rwie don'tchaveatouimprove times Therefore, bout $48,000 or something over $100.000. This amount plus the difference be- t.*een $48.000 and about $35.000 times S} acres results in some- where between $150.0^0 and $180.000 being available for site improvements and a building. pJ Gp\ 3 ' ��o Mr Bill Holley October 23, 1985 Page 2 4. Any structure built on the site, plus the site, will be owned by - the City of Rancho Cucamonga. The City could lease the building on a tong -tern lease to the YMCA for a token fee. The building - would be designed to such a manner that, for instance, restrooms and the pla)yround would he accessible to the adjacent park so that these amenitle: would benefit both the YMCA members and the general public. Additionally, the YMCA would make certain coo- cessions in membership to Rancho Cucamonga employees and residents. However, they cannot restrict the use of the YMCA only to City residents. Special programs could be tailored for the residents. 5. Frequently, the YMCA received matching grants from various foun- dations. If the YMCA could count the land as part of the contri- bution and some of the offsite improvements, then conceivably, they could apply for a matching grant of about $500,000. That amount plus approximately $200,000 already mentioned would pro- vide an excellent start for a first -class building. Bill, we and /or someone from the YMCA would be happy to make a brief pre- sentation to the Council. We look forward to hearing frooi you. Very truly yours, UdIS HnMES Richard A.ewis.. RAL /er cc., Bob Dutton Bob Huether ■ i i n Ems cam i �iae j =O 0 i Q A !! !! D Q !! ■ Q! e c� r W N n a m a n a DATEt T0: FROM: CITY OF RANCHO CUCAMONGA MEMORANDUM a M I December 4, 1985 ' Mayor and Members of C Council 1 Jack Lam, AICP, Community Develo Pm p�\ SUBZCTs PUBLIC SAFETY AND CIVIC FACILITY The Planning Comm,ssion on November 27, 1985 reviewed the three design concepts for the above project. As Council will recall, the architect has provided three concepts (not for selection of a building to be built but for selection of a design philosophy to design the actual buildings). The concepts range from one with a strong link to the past to one which hcs a contemporary Imago The Planning Commissf&4 upon reviewing and discussing the conceptual options, has the fol laving comments. 1) The character of the site and its environs has taken an a more contemporary and high-tech image and, as such, any civic facility should be consistent with this image and still project Its own special Qualities 2) The Haven Avenue Guidelines mould be followed with respect :o design Image, and a more contemporary design concept would be consistent with these guidelines 3) Strong considerattos should be given to full excavation of tho "basement" floor for future expansion since this space would be comparatively the least expensive. This would result in additional Initial project cost= however, not doing so now would foreclose this option In the future. 4) Since the Planning Commission has had extensive experience working with architects end designers in developing and refining designs for similar type buildings in this arcs, the Commission requests that they be allowed the opportunity to avist the Council by helping the architect develop the exterior design that would be consistent with the Haven Avenue Guidelines and the developing character of the area as well as provide a top quality design to present to the City Council. Upon developing the design with the architect, the Planning Commission would forward a specific design recommendation to the City Council for Its consideration JL /Kap CC: Planning Coamission Brad Buller Duke Oakley November 29, 1985 Mr. Curt Johnston Associate Planner City of Rancho Cucamonga 9320 Baseline Road P.O. Box 807 Rancho Cucamonga, California 91730 Res Porele Limited - Senior Housing Dear Mr. Johnstone Arai, "Z QV2 Pursuant to the recommendations of the City Attorney and desire of the City Council to hear the General Plxn Amendment and Development District Amendment requests as well as the Conditional Use Permit application, for the above project, at one time and In consideration of the schedule for doing so, as discussed with you In our conversations of the 26th and 27th, ant your statutory requirements, we are hereby requesting an extention of the time for city processing to March 19, 1986. This should allow suVicient time for the various city disciplines to review the applications and for ourselves to respond to the city's needs. Thank you. Sincczoly, R.H. Simp on ' RHSi3 /am 0. i pi ..f._�. aoe..Ar.Q G0k4,-j C�eQt�tftu 37- CPi Y OF RANCHO CUCAMO; IGA CucwMq� MEMORANDUM DArl? Doceeber 4, 1993 TO: City Council —141 `/� PROM: Mark Lorimar, Administrative Analyst / lwl- SUBJECTS �PDQT OF 266 ROLE 20A OEDY06QetpgDT6G A?•LOGASTOKR M•OBdlaz League of California Citics asks our support for a recently proposed Rule 20A Undergrounding Al locationo Agreement, which was negotiated by the League and the Southern California Edisom Company. The agreement is in response to e concern for the current formula for allocating fonds. The mew distribution formula would go into affect immediately after adoption by the Public Utilities Commission, and increases the allocation formula $140.000.000 war the next five (S) years for cities within the Edison ■ervices territory. The attached resolution for Council's consideration supports the proposed 20A Allocation Agreement and farther urges the Public Utilities Commission to adopt the League /Edisca proposal. The Letgne of California Cities requests that we sand the attached Council approved resolution to the League's Southern California office to that it may be presented to the Public Utilities Commission as reference of the proposal's support. Southern California Edison will be filing a petition with the PUC in early December seeking implementation of de League /Edison Agreement. After the petition is filed, the PUC will conduct hearings on the issue and than render a decision. ML /dja Attached RESOLUTION NO. 85 -752 A RESSOLUTION OF TEE CITY COUNCIL. OF TES CITY OF RASCRO CUCAMONGA, CALIFORNIA, 00PP03TINC OF ROLE 20A 4NDEEC1,001NDINC ALLOCATIONS ACRCElImIT RRESUS0 The Laatue of California Cities end the Southern California Edison Company been determined an immediate card for additional fonds for the undergrouading utilities throoghtut the Coutbarn California service territory; and WRKREAS, The League of California Cities and tte Southern California Edison Company have proposed a long -tare agreearat which vonld •mead the Into 20A, Ondergrounding Allocation Par ula; and RIIREAS, tte Proposed Rule 20A Agreement vould olin:uate the distribution of lands based upon a total overhead meter formal& and provide for a more efficient and balanced distribution fcrmla based upon 43I of total maters, 452 overhead meter& and 10% for •peclZ project Lunde; and wgaR=, the proposed agreement represents a major increase in ffnaaeiag Rule 20A program over the Beat live (5) years, from which ribs:+ in the Coutharn California Edison service territory vial benefit; and NIAREA9. the City Council of the City of Rancho CucamongL. California suppores the Rol* 20A Allocation Agreement. 111H, TEEREEORS, RE II RESQ.YED, that the Rancho Cucamonga City Council does hereby express its support for the Southern California Edison /League of California Cities proposed We 20A, Underground Allocations Agreement, and further urges the rablic Utilities Commission to adopt the agreement. PASSED. APPROPED, and ADOPTED THU * day of *. 198*. ASPS, MOSS, ASSERT, 4 Tun D. Mikels, Mayor Y Resolution No. 85 -032 Page - ATTr9T: Beverly A. Authele_, City Clark 1, RUBBLY A. AUYBEf.RT, ClTr CLB'L of the City of Rancho Cucaaooga. California, do hereby certify that the fo•again& Resolution was duly paned, approved, and adopted by the City C. uncii of the City of Rancho Cocaaooga, at a rcgular Heating of said City Coracil bald on the * day of *, 198 *. Executed thin * day of • 198* at Rancho Cucasoufa, California. Beverly J. Authelat, City Clark ORDINANCE No. a� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAW'1GA, CALIFORNIA, REPEALING ORDINANCE NO. 243, PERTAINING TO OFFENSES 4GAn,ST POLICE DOGS, AND ORDINANCE NO. 257, PERTAINING TO USE OF ALCOHOL IN PUBLIC PLACES,AND AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.16 ENTITLED 'CONSUMPTION OF ALCOHOL IN PUBLIC PLACES', AND A NEW CHAPTER 9.19 ENTITLED "MISCELLANEOUS OFFENSES.. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Ordinance Nos. 242 and 257, both of which added a Chapter 9.1S to the Rancho Cucamonga Municipal Code pertaining to miscellaneous offenses and use of alcoholic beverages in public places,are horeby repealed. Code is tore0y�ndedTbylthe addition aofha nowaChapter 9.16pa1 to read, in words and figures, as follows: "Chapter 9.16 "Consumption of Alcohol in Public Places 'Sections: "9.16.010 Definitions. '9.16.020 Consumption of Alcoholic Beverages in Public Places '9.16.030 Penalties for Violation lofdChapter. '9.16.010 Definitions. As used in this Chapter, the term 'a eo o c average and 'alcoholic beverages` shall have the moaning eat forth in Section 23004 of the California Business and Professions Code as tho same presently exists, or as the same may be amended from time to time. -1- Ordinance No. Page Two '9 16.020 Consumption of Alcoholic eevera ea In Public P aces Pro to . It s,a a un aw u or any person to consume any alcoholic beverage while upon whetherlin stree vehicle or,otherwise,owithin ~the City of Rancho Cucamonga. "9.16.030 Penalties £or Violation of Cha tar. It shall be un aw u or any person to v o ate any provi- sion of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex..eedinq One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and lmprisonnant." SECTION 3: ode is hereby amendedTbylthe additionaofha newaChapter 9.18 to .ead, in words and figures, as follows: "Chapter 9.18 "Miscellaneous Offenses 'Sections: "9.18.010 Interference with Police Dogs Prohibited. "9.18.020 Penalties fo. Violation of Chapter. "9.18.010 Interference with Police Do s Prohibited. It shall be un aw_u or•any person, n a manner not otherwise prohibited by California Penal Code Section 597 to tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being used by any law enforcement officer in the performance of hia or her official duties. "9.18.020 Penalties f�, violation of Chapter. It shall be un aw v or any person to vio see any provi- aicn of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.' -2- Ordinance No. Page Three SECTION 4: The City Clerk shall certify to the adoption of ttErs Ordinance. PASSED, APPROVED, AND ADOPTED this day of 1985, AYES: NOES: ABSENT: Mayor ATTEST: Beverly A. Aut a et, C ty er I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the fore- going Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the day of 1985, and was finally passed At a rare - u ar meet ng o t e City Council of the City of Rancho Cucamonga held on the day of , 1985. Executed this day of , 1985, at Rancho Cucamonga, Cal orn a. eeVet y A. Aut a et, City er -3- \.1 .. d d a 1. Cn'Y OF RANCHO CUCAMONGA MEMORANDUM GATE: Dacember 4, 1985 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineeto/ SUBJECT: REIMBURSEMENT AGREEMENT FOR PARCEL HAP 7827 Attached is revised Exhibit •C• for Reimbursement Agreement for Parcel Nap 7E27. Staking for the storm drain was inadvertently added in the cost for street improvements. LBH:Jaa Attachment B u i t s � �} t a� EIHIBIT 4• E 3 T I N A T E O F S T S ARCHIBALD AVENUE Curb L Guitar 501 L.F 8 57.00 • 7.578 Grading G Subiarade L.S. L.S. • 1.500 Paring IOOB S.F L.S. • 1.SlS Sell Nttt L.S. L.S. • /OS Flan Preparatlam L.S. L.S. X500 TOTAL S 8.718 >a ORDINANCE NO.�, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 243, PERTAINING TO OFFENSES AGAINST POLICE DOGS, AND ORDINANCE NO. 257, PERTAINING TO USE OF ALCOHOL IN PUBLIC PLAC'.S,AND AMENDING TITLE 9 OF THE RANCHO CUCANONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.16 ENTITLED "CONSUMPTION OF ALCOHOL IN PUBLIC PLACES -, AND A NEW CHAPTER 9.18 ENTITLED •MISCELLANEOUS OFFENSES.' A. Recitals. (i) Current state law does not directly proscribe acts directed toward police dogs which may harm or injure such dogs and whicl• may cause interference with police officers performing their duties. (ii) The City of Rancho Cucamonga contracts with the San Bernardino County Sheriffs Department by and through the County of San Bernardino, for the provision of police services, which include the use of police dogs in crime situations. (iii) In order to assure and promote the unfettered use of police dogs within the City of Rancho Cucamonga, this Council finds it necessary to adopt appropriate regulations proscribing various acts directed toward police do5a. (iv) Current Etate law does not directly prohibit the consumption of alcohol beverages on public property. (v) This City Councf]. finds it necessary to adopt reasonable regulations governing the use of alcoholic beverages on public property in order to promote and protect the health, safety and welfare of the citizens of Rancho Cucamonga. (vi) Thia City Council heretofore adopted said Ordinance Nos. 243 and 257 and by inadvertence, both or said ordinances amended the City Code by adding Chapter 9.16. (vii) In order to provide proper not.ce prior to enforcement of Ordinance Nos. 243 and 257, as reccdified herein, and to assure the continued regulation of the subject matter o' said ordinances, this City Council finds it necessary, as an urgency measure, to repeal and recodify said ordinances as provided herein. -1- k Ordinance No. - Page Two (viii) All legal prerequisites to the adoption of this Ordinance have occurred. B Ordinance. The City Council nf the City of Rancho Cucamonga does orlain as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2: The City Council of the City of Rancho Cucamonga era y nds as follows: a. At present, State law does not proscribe certain, potentially harmful acts directed toward police dogs which may interfere with a police officer's performance of his /her duties. b. By virtue of the contract between the City e£ Rancho Cucamonga and the County of San Bernardino referenced in Part A, above, police dogs may be utilized at any time within the City of Rancho Cucamonga. c. This Ordinance is reasonable and necessary in order to promote and assure the unfettered use of police dogs within the City of Rancho Cucamonga. d. Current State law does not directly proh ibit the consumption of alcoholic beverages in public places and, accordingly, it is necessary to adopt reasonable regulations prohibiting scch use in order to protect and promote the public health, safety and welfare. e. Ordinance Nos. 243 and 257, hereinbefore adopted by this City Council, were both inadvertently designated Chapter 9.16 and, accordingly, it is necessary, as an urgency measure, to repeal and recodify said ordinances. SECTION 3: Ordinance Nos. 243 and 257, both of which added a Chapto�6 to the Rancho Cucamonga Municipal Code pertaining to miscellaneous offenses and use of alcoholic �r. beverages in public places are heraby repealed. -2- Ordinance No. Page Three SECTION 4: Title 9 of the Rancho Cucamonga Munici_al Code is here amended by the addition of a new Chapter 9.16 to read, in words and figures, as follows: 'Chapter 9.16 'Consumption of Alcohol in Public Places "Sections: "9.16.010 Definitions. '9 16.020 Consumption of Alcoholic Beverages in Public Places Prohibited. "9 16.030 Penaltiea for Violation of Chapter. '9.16.010 Definitions. As used n this Chapter, the term 'a coo c ever�nd 'alcoholic beverages' shall have the meaning set forth in Section 23004 of the California Business and Professions Code as the sane presently exists, or as the as= may be emended from time to time. "9.16.020 Consumption of Alcoho Lic eve�ra ems in Public Paces Plohib t7 ed. Zt s-Ea -1 ee�ew. "Z o any person tc, ccnaume any alcoholic beverage while upon any public street, alley, way, sidewalk or parkway, whether in a motor vehicle or otherwise, within the City of Rancho Cucamonga. '9.16.030 Penalties £or a ter. It shall bun aw u or any persVioao n ne Chy provi- sion of this Chapter. Any'person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be puninhad by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or oy but:h such fine and imprisonment." SECTION 5: Title 9 of the Rancho Cucamonga Municipal Code is heregy amended by the addition of a new Chapter 9.18 to read, in words and figures, as follows: -3- .a s� Ordinance No. - Page Four "C apter 9_18 "Yiscollaneous Offenses_ "Sections: '9.18.010 Interference with Police Dogs Prohibited. "9.18.020 Penalties for Violation of Chaptur. '9`18.010 interference with Police Dogs Prohibited. It .:hail be unlawful for any person, an a manner not otherwise prohibited by California Penal Code Section 597 to tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being used by any law enforcement officer in the performance of hie or her official duties. 09.19.020 Penalties for Violation of Chapter. It shall be un aw u or any person to v o ate any provi- sion of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars (51,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.' SECTION 6s Pursuant to the provisions of California Government c -'Code Section 36937(b), the City Council of the City of Rancho Cucamonga declares this Ordinance to be an urgency measure requiring the immediate enactment thereof for the preservation of the public peabs, health, safety and welfare of the City and its citizens and, accordingly, the provisions of this Ordinance shall become effective immediately upon adoption. SECTION 7: The City Clerk shall certify to the adoption oMF—sordlnance. PASSED, APPROVED, AND ADOPTED this day of 1985, e AYES: ',;�• NOES: iAs ABSENT: .. mayor .ti T n E Ordinance Nc,. _ Page Five ATTEST: Bever y . Aut a et, C ty .erk Rancho Cucamonga California, do�herebyCcertify that �the fore- Council going Ordinance was introduced at a regular meeting of the Council of the City of RanCAO Cucamonga held on the of , 1985, and was finally ay hest on o t a city Council of the City ofsRancho Cucamonga held on the day of , 1985. Executed this at Rancho Cucamonga, Cairfoni'a. of _ , 1985, Bever ay-A-- u e et, C ty C er -5- Is December 4, 1985 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUSES Regular Meatina A regular Mating of the City Council of the City of Rancho Cucamonga eat on Wednesday. December 4, 1965, in the Lions Park Comm oLt7 Center, 9161 Rase Line Road, Rancho :'ucamnga. The meeting was called to order at 7135 p.m. by Mayor Joe D. Mihals. Present were Councilmesbers: Charles J. Buquet II. Richard M. Dahl, Jeffrey Ring, and Mayor Jon D. Mikels. Also present worst City Manager, Lauren M. Wasserman; City Clark, Beverly A. Authelet; City Attorney, Jewess Markets; Assistant City Manager, Robert Risen;' Community Development Director, Jack Lam; City Planners Brad Buller; City, Engineer, Lloyd Hobbs; Continuity Services Director, Bill Holley, Abseott Councilmsaber: lash J. Wright (vas ill). r r r e r r 2. AANOUNCEMEDTSIPRrerCTATIONS 2A. Thursday. December 5, 1985. 7:00 p.m. - HISTORICAL PRESERVATION COMMISSION - Lions Park Comunity Center, 9161 Base Line Road. 2B. Thursday, December 5, 1985, 7130 p.m. - ADVISORY COMMISSIOl - Lions Park Community Center. 9161 Base LLue Road. (Combined Bovember- December meting.) 2C. Wednesday, December 11, 1985, 7:00 p.m. - PLARNINO COMMISSION, Lions Park Community Center, 9161 Base Line Road. 2D. Thursday, December 19, 1985, 7:30 p.n. - PARIS ADVISORY COMMISSION - Lions Park Community Center, 9161 Base Line Road. 28. Mayer Mikels presented a brief report from todwy's Coltrane' mating. 21 Mr. tiassermao stated there were some item to add to the Agenda which had beum ina,tvertently omitted: Under public csariogst Ordlnroce Nos. 282 and 283. Add to the Consent Calendar as 7St Resolution No. 85-332 in support of Rule 20A Undergrounding Allocations Agreement. Staff report 69 regarding raiiew process for the civic center facility. r r r r r r +. cDMSaMy cALODA_ (Councilman Dahl requested 38 be removed for discussion). 3A. Approval of Warrants, Register No's. 12 -04 -85 and Payroll ending 11 -10-85 for the total asount of 91,263.491.29. 3B. Approval to receive and file current Iovestmot Sebtdule as of November 260 1985. 3C. Approval to forward Claim (CL85 -033) against the City by The DaNieri's for (1) an automobile accident near the intersection of Route 66 and Holleman to insurance carrier. (0704 -06 CLAIM) 3D. Approval to fatvard Claim (CL65 -034) against the City by Rodney Rosins for ersonal injuries near the location of 19th Street* vest of Beroom to ,.suracce carrier. (0704 -06 CLAIM) City Council Mioutee December 4, 1983 Page 2 (3) &E. Approvel o: Pipeline License (CO85-121) betvaen the Southern Pacific Transportatioo Company and the City in connectioo with Treat No. 11797 located east of Archibald Avenues north of base Line load and the approval of an agreement between the develapag 87eamere Investments and the City. (0602 -01 AGREE LICENCJ) RESOLUTION NO. 85 -317 A RESOLUTION OF 783 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PIPELINE LICENSE BETWEEN THE CITY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FUR THE INSTALLATION OE STORM DRAIN PACILITIES WITHIN THE RAILROAD R1CHI- CF -WAT (4) 37. Approval of Contract (CO85 -!22) with L. A. Waioacott A Associates for engineering services for the widening of Harmoss Avenue from Victoria Avenue to 19tb Street and for the extension of Hamilton Avezue from Berman AYL.9ue to Deer Canyon School. A not- to- ixceed fee oC 917.700.00 @ball be paid froe the System Dcvalopmant Fund. (0602 -01 CONTRACT) _ (5) 3G. A- nroval of Contract (COOS -123) with C C Hnginesrieg for Archibald Avenue Side, i.ks between Foothill Boulevard mead Bass Line Road for 08,500.00 to be funded from TDA Article 3 funds. (0602 -01 CONTRACT) (6) 3H. Approval for City Manager to vote in favor of the Foothill Fire Protection District special aleccion on Tuesday. December 10, 1985. The City is entitled to cast 12 votes in the election. (0702 -00 ELECTION t, ? (7) 3I. Approval to proceed with funding mechanic to establish a Certificate of Participation Program for the proposed Public Safety -Civic Facilities. (1601 -04 CIVIC CENTER) (8) 3J. Approval to authorise the City of gaucho Cucamonga to participate in a Service Delivery Area viabin the West Valley of San Bernardino County under the California Family Ea:onomic Security Act and the United State. Job Training Partnership Act. (0701 -01 LEGISLATION) RESOLUTION NO. 85 -318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AOTBOILZENG PARTICIPATION IS A SERVICE DELIVERY AREA WITHIN TH3 REST VALLEY or SARI BERNARDINO COUNTY (9) 3R. Approval of Improvement Agreement Security for COP 64 -09, located north of Victoria Avenue 00 tba east side of Etivacda Avenue submitted by the Corporation of the Preoidict Bishop of the Church of Latter Day Saints, a Utah Corporatioo Sole. (0602 -01 ACRES IMPROVEMENT) RESOLOTION 50. 85 -019 A RESOLUTION OF THH CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING I.MrZOVENEST AGREEMENTS AND IMPROVEMENT SECURITY YOH CUP 84-09 (10) 3L. Approval of Improvement Agreement and Improvement Security for Tract 12922, located between Lemon and Highland Avenues, most of Haven Avenae submitted by Loosen Development, Inc. (Lan Bentson) (0602 -01 AGREE IMPROVEMENT) RESa.oTIOM NO. 85 -320 A RE30LLTION Or THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT no. 12922 (11) 3M. Approval of Improvement Agreement and toprovasaot Seta =ity for Tract 12914, located on tbm northeast cornet of Archibald and 018bland Avenues submitted by First Hationide Network Mortgage Co., a California Corporation. (0602 -01 ' AGREE !MPROVERVIT) City Council Minute, G December 4, 1985 - d' Page 3' y RESCOTION 110. 85 -321 A RESOLUTION Of TEE CITY COUNCIL or THE CITY Or RANCHO CUCAMOtGA. CALIFORNIA, nPPR09I10 IMOPEMENT AGRRENRNT AND IMPROVEMENT SECURITY AN) VIRAL MAP Of TRACT H0. 12914 311. Approval of 1,.r rat Agrasaeat aM Tmeprovsmost Security for Tract (12) 12001 -2. bested s the smelt aide of zany" Street. eat of Cassell" smkmdtted 97 The Dear Crank Cagwq. (Its reserved for diaraasiee). (0602 -01 ACRES IMrdOVRNIdI) RESOLUTION NO. 85 -022 A RESOLUTION OF THE CITY COUNCIL Or THE CITY Or gARCHO COCANONOA. CALIFORNIA, APPROVING IMPROVEMENT! AGREEMENT AND 111710VENENT SECURITY AID FINAL NO OF TEALS No. 12201 -2 30. Approval of Improvement 6tteasioo Agceemat and Improvement Security for (13) Tract 11349 -1, located on the southeast corner of East and Summit Ave "es submitted by Levis Roues of California. (0602 -01 AGREE IMPROVEMENT) ' RESOLUTION 90. 8S -323 A RESOLUTION Of THE CITY COUNCIL OF TIE CITY Or IMCHO CUCAMONGA, CALIFORNIA. AP140VIHC IMPROVEMIDI QTIOIIloI AGREEMENT AND IMPROVEMENT SECURITY YOH TRACT 11549 -1 3P. Approval of Real Property Improvement Agreement and Lien AN vainat front (14) Rooker I. and M1Sdalia Laster for their property located at 5533 Crooked Creek Drive. (0602 -01 ACRES I /L) RESOLUTION 10. 85 -324 A RESOLUTION OF IRS CITY COUNCIL OF IR CITY OF RANCHO CUCAMOGA, CALIFORNIA ACCSTIINC A REAL PROPERTY IMPROTEMCNI CONTRACT MD LIU ACRES KAT PION ■(4l.E1 I. MD MICDALIA E. LASTEI MD AUT801I1I13 THE MANOR AND CITY CLERK TO SICS SANS 3p. Approval to release bonds and Notice of Completion for Tract Homy 1164 and O6) 1165 - Pereittae, Otrnley Y. With. Inn. (0602 -01 BOND RELEASE) Deposit Hood 0 45 97 76 $ 500.00 Deposit Bond 0 45 97 77 $ 500.00 faithful Performance bond (Road) $298,458.00 RESOLUTION NO. 85 -325 A RESOLUTION OF T13 CITY COUNCIL Of THE CITY OF RANC30 CUCAMOGA. CALIF011 IA. ACCEPTING THE PUBLIC IMPROVEMENT$ FOR D. R. 83 -21 AND AUTHORISING THE FILING OF A NOTICE OF COMPLETION 101 THE WORK 3R. Approval to appropriata fundin; from contingency for $75,000.00 to the (16) Building and Safety Contractural Services Account (1- 4373 - 6028). (0401 -21 POND APROPRIAYIOI) 30. Approval to convert trim Bank of America credit card service to San (17) Bernardino County Central Credit Onion credit card service. (0400 -00 Fi1MCH) RESOLUTION 30. AS -326 A RESOLUTION OF TItE CITY COUNCIL 07 THE CITY OF RANCHO COCAMONCA. CALIFORNIA. APPROVING APPLICATION FOR SAN BERNARDIHO COUNTY CRRTRAL CREDII ONION CAID SERVICE 3T. dp(lED Ivor A2 MISTTNCt Approval of supporting Into 20A Undergroundicg (18) Allocations Agroment. (1201 -02 UNDSICROUND UTILITY) 1985 PAR* 4 K1 0 RESOLUTION 30. 83 -332 A REROLUTICS Of THE CITE COUNCIL 01 THE CIrr OF RANCHO CUCAMONGA. CALIFORNIA. SUPPORTING OF RULE 20A ONDQGROUNDINO ALLOCATIONS ACREEXENT MOTIONC Moved by Dabl. seconded by Ring to approve the Consent Calendar minus item 39. Notion carried 4 -0-1 (Wright absent). • ereer Discussion of Item 3RD Approval o2 Improvement Agreement and Improvement Security for Trmct 12801 -2, located on the soutb side of Banyan Street, east of Carnelian subaitted by The Deer Creek Company. (Item removed for discussion). Ij Councilmen Dabl stated be had a problem with the Resolution which adopted a host map. Be would like to be sure in the future that a copy of the final map 1 is included in the agenda packet. Be did not have probieme in this case, but wanted to be certain that a rendering of the map is included in the future. rN _ RESOLUTION 10. 85 -322 = �I A RESOLUTION OF THE CITr COUNCIL OF TUY CITT or RANCHO CUCAMONCA. CALIFORNIA. APPRov1NG IMROPEMENT AGREEMENT AND IMPROVINMT SECURITY AND VIRAL MAP 01 TRACT N0. 12801 -2 I NOTION: Moved by Debt, seconded by Suquet to Approve Consent Calendar N. Motion carried 4 -0-1 (Wright absent). ;I •sera♦ I 4. lDF QI`ISm TDaL IC HEARINGS (19) 4A. Proposed amendment• to Chapters 17.08 and 19.08 of the Rancho Cueamecga Municipal Code pertaining to the preservation of trees on private property. Ito cautioned from November 6, 1985 mating. Staff report by Dan Coleman, Senior Planuer. (02o3 -02 TREES) Mayor Mikels opened the meeting for public bearing. Addressing Council warez Ravin Eggleston, 7163 Teak Way, felt some wording should be added to assure seleetive replacement as devalopmant occurs instead of a vteleoale removal of the trees. Mayor Mikels pointed out that the Ordinance states there will be a gradual replacement. Mr. Eggleston *toted that the ordinance does allow for a wholesale removal. Be fait the word "selective" should be Added. Michael Vairin, representing the Doer Creek Company. 8480 Utica Street, conmsnted on Sections 19.08.030E and 19.08.050. James frost stated there was same language in the Etivaoda Specific Plan regarding topping of trees. Pelt this should be incluAad. There being no further public response, Mayor Mikels closed the public bearing. Consideration of Council's written amendments: Councilwoman Wright'@ suggestion that in Section 19.08.020A that pale, oak, sycamore, and evergreen trees be added. CouncLlmeo Suquat did not fed it vas necessary to add this because the language stated all plants. ACTION: Lana language as is. Ceuocilvomen Wright recommended to (odd) "or" (in first line after "All woody Plants in "coos of fifteen feat in height and /=...- City Council Minutes December 4, 1983 Page 3 Couneilmeu Ling suggested that the word "or" should be used instead of "and ". ACTION, Len* language as is. CouaeilvOwA Wright euneotod that in Section 19.08.0203 add "or omiesiou" (In first line after "Remove" *ball include any actfor onission ... )" ACTION: Leave language as le. Councilwoman Wright suggested to gactioo 19.08.010: Reap first paragraph as is. $found paragraph delete all but first sentence. Reap third paragraph as is. ACTION, To discuss later. (sea page 6) Councilmen Debt recommended adding in Section 19.08.010: "This ordinance shall not apply to trees found within the Ctivaode Specific Plaa project area. Trees within the Etivaada Specific Plan area *ball coaply with the provisions of that plan., Mr. Dahl also empraseed that there were two other problems: (1) the problem of the developer who is doing a large area of tree removals and (2) the person who has just a fee tree@ on a lot. Be felt the ordinance should be done in two separate sections to allow for the developer versus tba homeowner. Mayor Mikels concurred that these sections should be changed. He wanted to age a section with ragulationa for trees on a horwaer's property and another section for trees subject to a development application. Mr. Dabl also felt that dealing with trees that sae to rewia or not should be dealt with at the site plan stage sot at the gradiog permit stage. Mayor Mikel• suggested that language should be added to clarify the statement, "project approved by the City ". The City Attorney stated we needed language that says that all required aprrwals both discretionary and non - discretionary by the City have been receivwl. Mayor Mikels stated that the language in Section 10.08.020(6) "Consideration *ball be given to the preservation of trees which ace fruit or nut bearing "s be did not Yaw what that meant. Theme were specifically excluded from the previous ordinance, which mesas that any bomewuer who rants to cut down an old tree in his yard is going to have to get a permit. Be wanted the ssme language which was in the previous ordinance incorporated into this ordinance which world resave fruit or nut beeriug trees from the provisions of the ordinance. ACTION: To exclude fruit trees add out bearing trees. Mayor Mikele also suggested in $action 19.08.130 (D.3) to omit "the practice of topping the trees is prohibited" but Hair the topping of trees to heritage trans. Councilman Ring felt we sbould allow topping of trees on the basis of permit application. ACTION: To separate the tree maintenance which relates to the homewaor and the developer add that this be referred to in the previous section discussed. Mayor Mikels stated that rather than attempting to work around glue Cum fuealyptus Trees where feuible, the intent am is to simply to replace then as dwelopont which means that Blue Cum will be replaced. Be did not agr •e with that becauee there is a place for Blue Cues, that is what makes Rancho Cucamonga. Be would like to see our policy remain the same which is replacement at necessary when they would be in rigbts -of -way, etc., but *aka the attempt to awe and work around Blue Cum wherever possible. i,iq- Conaeil Minutes " December 4, 1985 page 6 Mr. Ling concurred and stated that language in Section 19.08.0805 should be selective raplacerat instead of gradual replacement. Mayor Mikels felt re should Incorporate the language in the current existing ordinance with respect to the preservation of flue Cum Eucalyptus Trees. Mr. Dahl stated this was Councilwomen Weight's comment regarding Section 19.05.010. Mayor Mikels stated this is the Bootie* where the language should be charged to reflect. altar the first sentence, the intent in the current ordinance for the selective replatemeut of glue Cum at opposed to replacement with development to spotted Cum. Mr. Buquat wanted to come up with Some definite guidelines that could be followed by those other than City COUatilmeebers so the Council would not have to become a Tree Review Conadttse ovary time there is a difference of opinion. Mayor MLkels stated that tbs.-* is a Section Lo which the !loaning CommiuloD becomes the appeal body from dacfsions by staff. Mr. Dahl suggested that re put the burden upon the developer to what& he Is going to build ritbin the windrw area and that the selective tree process be handled througb expert guidance at the developer's expense. He did not feel that we should go as far as Mrs. Wright did in her suggestion to delete all but the first sentence is the second paragraphs but seoterces two and three are the ones which should at :emoted. Mr. Rinb felt that roe criteria which should be seriously considered is that tree replacemeat is appropriate along public road ways. The greatest concern that tbs community seat have in terms of tress is tSe affect tS@ trees have an the safety of people using the roadways. Mayor Mikels suggested that In tbs development of tbs inttat c.xtion in term of proposed languaga, he suggested that staff provide alternative leagues@ that provides fore 1. retention on private property 2. removal and replacement on public property T. criteria for the ratenticn and removal regardless of location Mr. Buquat felt we should bare a consultant arborist available of the staff'• selection; and the developors as part of the process would here to get an opinion Prom him with that cost cowered by the devaopment process. •ate* Mayor Mikels called a break at 8:45 p.m. The rating reconvened at 9:10 p.m. with all Councilmen present but Mrs. Wright. *seem Mr. Buquat "praised that perhaps Council sbonld implement a replacement for the glue Cum with new Blue Cum IdAwtd of totally removing the Blue Gums vbich are there and putting in the Red spotted. Wa vwld cot be faced with the safety hazard which we are exposed to with the existing trees. Be wanted an assessment made by some of the professionals of the present condition of the Blue Cum throughout the City at this time. Mayor Mikels felt that if we are looking to replace a tree, it should be replaced with a species other than Blue Cum. City Council Minutes Decesber 4, 1985 page 7 ORDINANCE 10. 275 (first rcading) AN ORDINANCE OF TEE CITY COUNCIL Or THE CITY OF RANCHO CUCAMONGA. CALIVORNtA, YJMDINO CHATTER 17.06 Cr Tat RANCHO CUCAMONGA MUNICIPAL CODE, ABSOLUTE PCLICIEB. PERTAINING TO TEX PERSONATION Of TREES ON PRIVATE PROTORTT ORDINANCE 90. 276 (first reading) AN ORDINANCE OP TEE CITY COUNCIL O• TAN CITT OY RANCHO COCAMMA, CALIFORNIA. AMENDING CHATTER 19.08 Or Tat RANCHO CUCAMONGA MUEICIPAL COOT, PERTAINING TO TOE PRESERVATION Or TRIO ON PRIVATE PROPERTr ACTIONt Ordinances to come back at on January 15. 1986 with the above suggestions incorporated. s e e e e e 48, afVIR0ANA17L. LB"IMENT asn .p .T. .. ANK NUT AS.OaD - BWTV4 -'A (20) request to amend the Land Use Map of the General Plan from Lae Dsseity Residential (2-4 du/ac) to Medium Density Residential (4 -14 du/ac) for 13.53 acres of land located on the South side of Peron Boulevard between Archibald and Turner - APE 209-035-02, 03. 4 14. Itm continued from November 6, 1985 meeting. Staff report by Llaa Vioioger. Assistant Planner. (0203 -03 CT AMENDMENT) Mayor Mikel• opened the meting for public bmarind. Addressing Council went Tracy Tibbdls. 6286 Moonstone, attorney representing the developer. stated they ware asking for a continuance to the out available public hearing date for purposes of negotiating a development agreement which would specify the 4 -8 Wan range for the Site and to be placed in the affordable housing mode. Mr. Markman stated that to order for a development agreement to be worked out by the asst bearing data would be impossible. Mayor Mikels felt it would be bast to go through the public bearing process in ardor to hear what the public and council wanted. Naebo Crania. Ousboldt Street, stated they would not fight the 4 -8 dwelling unite per acre. Be asked that it the amendment was approved that it be contingent upon only this builder so if it doesn't work out them the property would revert back to 2-4. Mayor Mikels felt that if it were to be 4 -Bs then the quickest way would be to deny this request with wdver of fees and have the deverloper resubmit for a 4 -8 Wen. Be did not fed this property was suitable for anything in arcane of 4 -8 du/ac. It a development agreement were proposed, he would want it to be comprehensive which wculd lack in the density. Councilman Xing stated he could suppoit a 4 -8 whatever arproseb Is used — a development agreement or the Mayor's suggestion. Brener, the mayor's approach would be the cleanest and takes the most sense. After further Co.•mcil diecuasioa, Mr. Tibbells stated he still wanted to keep the application in place for the purpose of negotiating an agreement. Be hoped fer nom open aindeduan of the Council and Comadssion as to what may be the configuration of the proj act. Councilman Dahl stated that the project would not be coming before Council if there bwl bee. an adjustment of the Land Use plan versus the Development Plan In term of designation@. This is baeoming more and more a "thorn in Council's side." pw felt Council should instruct staff to bring those two into line with a 4 -8 and 8 -14 du/ac on both documents. City Council Minutes • December 4, 1933 Page 3 MOTION: Moved by Dabl to let tbam procstd and cow back with an agreement with 3 Won as the top density. After discussion, be rescinded his station. There being no further public input, Mayor Mik.la closed the public hen -ing. NOTION: Moved by Ling, secomeed by Makels to opptove the Resolution and encourage the developer to resubmit in the 4 -8 du /ac with a waiver of the Coneral Plan application fees. Nation carried 4 -0 -1 (Wright absent). RE80LUTI0'1 90. 85 -298 A RESOLUTION OF TER CITY COUNCIL OF TEE CITE OF RANCHO CUCAMONGA. DENTING GENERAL PLAN AMENDMENT 85 -04D. EAWRIVS. Rlt(UESTINC AN AMENDMENT TO THE LAND ELEMENT OF TEE RANCHO CUCAMONGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 DO /AC) TO MEDIUM DWSITE RESIDENTIAL (4 -14 DO /AC) MM 13.55 ACRES OF LAND LOCATED SOUSE Or 7E100 BOULEVARD AND EAST OF ARCEIDALD AVENUE aaaaa Mayor Mikels called a realms at 10:10 p.m. The meeting reconvened at 10:25 P.m with all members of the Council present but Couucilsesbar Wright. aea»a (21) 4C. ENVIRON KW MSFaSMENi AND CEMRRAL tta AMrNnMENY Br -0IP - POLea, Located on the soutb side of Foothill Boulevard, vat side of Cucamonga Cteek, vast of Vineyard Avenue. (0203 -03 21 AMENDMENT) (22) ENvle MRNrIL A!eRNrnr AND nBiRLOPMeer alumni IMENtiter esa7 PORL:A• Located on the south side of Footbi /1 Boulevard, vest side of Cucamonga Creek, vest of Vineyard Avenue. (0203 -05 DD AMENDMENT) Item continued from November 20, 1983 meeting. Staff recommends continuance until Match 19. 1986, pending review and approval of the Conditional Use Permit and Development Agreement by the planing ComomicsLou. Mr. 9aaermeo stated we have received a latter to continue the item to Mareb. MOTION: Moved by Buquet, seconded by Deal to continue to March 19, 1966. Notion carried 4 -0-1 (Wright absent). a a a• a a (23) 4D. DEVELOPBEN iCRRtYOr IMENDMENr (C084-057) - C 1 r, (. *.user). An smeodmat to the legal description of rent property subject to an agreement between the City of Rancho Cucameaga and Cal- Raueho, Incorporated regarding a senior citizen housing project located vest of Archibald, at the torainus of Lomita Court. (0602 -01 ACRES DEVELOPMENT) Mayor Mikels opened the meeting for public hearing. There being no response, the public was closed. City Clerk Autbalet read the title of Ordinance No. 217A. ORDINANCE 30. 217A (second reading) AN ORDINANCE OP TEE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA. CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT SPECIFIED SHREVE MOTION: Moved by buquet, seconded by Debt to waive full reading of Ordinance No. 217A. Motion carried 4 -0-1 (Wright absent). MOTION. Moved by Eiart, seconded by buquet to approve Ordinance 30. 217A. Motion carried 4 -0-1 (Wt.ght absent). a a a• a a 1 I VfIVtw $�'£-ry`Tay$�-,u'l:.e:��` =,�.. ..Y4': :,its, , '�. - -• .._+`.FaT .L` -' City Couc -it Minutes "41;; December 4, 1983 Lt w 3 41. More TO VACM Tit Rd- TEAif2t Acrns Ria NAB A: am2C1TeD d PARCtt Yl.t (24) a 4 T _aTgp d 7Nt Rmel Nnt m eESNIT 1y[tOt. eAtT Or tTN"bk Ayesat. (1110 -16 VACATION STREET) Mayor Mikels opened the mating tot public hearing. There bring no response, the public brariog war closed. City Clerk Authelet reed the title of Resolution to. 83 -027. RESOLUTION SO. 83 -327 A RLdOLOTIOO Or TEE CITY COUNCIL OF INS CITY OF RANCHO CUCAMONGA. COUNTY Of BAN HMRtDINO, STATIC OF CALIFORNIA, ORDERING TO RE VACATC. A PORTION OF TICE NON- YXIRCLE ACCESS RIGHTS ON THE SOUTR SIDI OP SUMMIT AVENUE. EAST 07 WMANDA AVENUE NOTION I Moved by Debt. seconded by guquat to adopt Resolution No. F3 -327 c¢d waive full readin8. Motion carried 4 -0-1 (Wright absent). a • r e • e 3A. VAffimR LXMQL TESOONX&T TNR r.ITY. Staff report by Lloyd Nubbs, City Engineer. (0802 -01 AGRIE RESMRUESRIIXT) Ma /or Mikels opened the mating tot public hearing. Thera being so response, the public hearing was closed. MOTIONt Moved by Dahl. seconded by Mlkels to approve Resolution Aoa. 83 -328, 83 -329, 83 -330, 85 -031. Notion carried A -0 -1 (Wright absent). RESOLUTION 20. 83 -328 (25) A RESOLUTION W THE CITY COUNCIL OF TRIC CITY OF RANCHO CUCAMONGA. CALIFORNIA, Apnonso A RRINSORSQII7Y AGREEMENT EXECUTED ET DAON CORPORATION TOR CONSTRUCTION Or IMPROVEMENTS ON ASIOW MINWAY RESOLUTION 90. 43 -329 (26) A RESOLUTION OF IRE CITY COUNCIL OF TEE CITY OF RAICSO CUCAMONGA. CALIFORNIA. APPROVING A REL SUPSEMYAI AGREEMENT BY CAL- RAUCSO I. INC. (CAL -MARK) FOR IMPROVEMENTS ALONG ARCRIDALD AVENUE RESOLUTION 80. 83-330 t27) A RESOLUTION OF THE CITY COUNCIL OF IEE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING A REIM UESEIEN- ACItENENT EI ANDREW EARMARIM FOR IMPROVEMENTS ALONG RAMONA 644801 RESOLUTION NO. 83 -331 (28) A RESOLUTION 07 THE CITY COUNCIL O7 THE CITY OF RANC90 CUCAMONGA, CALIFORNIA, ApnOVINC A REIMBURSEMENT ACREENEST BY SDC /GREEN TIRE -RMC60 TOP A LANDSCAPED MEDIAN ISLAND ON HAVEN AVENUE EETWICEN 5TR AND 7TH STRSSTS A, e e e i a 'CAW Council ^Niautat -Decaiar 4; 1983 .,., ._ Page 10 (29) 51. AWURX am: Dennucgl c6aRlcxlmc Ttll atom IClPw CODE, (0704 -00 LOCAL) City Clerk Authelet read the title of Ordinance No. 202. OICIOANCE NO. 202 (urgency) Al ORDINANCE OP T93 CITY COUNCIL W TER CITY W RANCHO CUCAA M6A, CALIPOENIA, RVMWO ORDINANCE N0. 243, PERTAINING TO WPENgEN AGAINST POLICE DOOR, AND ORDINANCE 10. 257, PERTAINING TO 093 W ALCOSOL IN PUBLIC PLACES, AND AMENDING TITLE 9 OF THE kWICRO CUCAMOLGA MUNICIPAL CODE It ADDING A NEN CIAPTER 9.14 ENTITLED "CONSUMPTION Or ALCOSOL IN PUBLIC PLACES". AND A NEW CNAPIER 9.1E ENTITLED " MISCILLANEOUS OrPENSEN." (Ml MOTION, Moved by Buquato seconded by giug to waive full reading of Otdinseea No. 282 and adopt said Ordinance. Notice carried 4 -0-1 Might abeam). City Clerk Authalet read the title of Ordinance No. 283. ORDINANCE 30. 283 (first reading) AN ORDINANCE W THE CITY COUNCIL Or SHE CITY W RAECHO CUCAMONGA, CALIrORNIA, REPIALIRG ORDINANCE NO. 243, PERTAINING TO WPEISER AGAINST POLICE DOCK, AND ORDINANCE NO. 237. PERTAINING TO USX Or ALCOBOL 12 PUILIC PLACES, AND AMEND)JC TITLE 9 Or THE RANC80 CUCAMONGA MUNICIPAL CODE By ADDISO A NEW CIAPS'II 9.36 ENTITLED "CONOUMPTI0m W ALCOEOL IN PUBLIC PLACEN". AND A NEW CHAPTER 9.18 ENTITLED "MISCELLANEOUS Orrusn." MUTIONt Moved by Buquet, seconded by Ring to waive full reading of Ordinance No. 281. Notion carried uanimously 4 -0-1 (Wright absent). Mayor Mikels set second reading for December 18, 1985. rrrrrr S. CItT HANICII'R NTAY? MORTN (31) 4A. IEOp ex 7lON CTT 2ENN woo 2aR IIiC BY TO 7RLTei TO ADDRRRE TIE CITT CODICIL ON TII I99 pE o• AN ANTI- eMaIIG_jgp1RARCR. Cititeas have requested that the item be continned to 12 -10-85. (1180 -10 INQUEST PUOLIC)) r r a r a r (32) 61. NoDRT rROY LITT MANApKI In 1SC IMaENCr Mmlcw axextw n.Am r0R Nu BERIIAR71IN0 COONR. Report by Lauren Wasserman, City Manager. (1206 -01 After wuch discussion and several attempts at formulating a motion, the Council took the folloriva attiont MOTIOIIt Moved by Mikela, seconded by Debt to direct the City Manager to testify at the public hearing that the City of Rancho Cucamonga opposes Couaty preemption of the ambulance field. Motion carried 4 -1 (Wright absent). a r r r r a (13) 6C. Mr. Humphroys requested Council to participate and suppctt the program. MOTION Moved by Sequel. stcooded by Debt to designers the maxiou■ (approsirtaty $2,400) to support the program. Notion carried 4 -0-1 (Wright absent). r r r r a r 4 F"-(_ City Council Minutes` -Ia% �' December 4, 1965 a.-i : hp`11 •o` 6D. L 7 rfa �aYtOa as ♦ 77nr0PE7 eMrdl2ma 7atinas iapnLTlSr T= TVCA. Luis (34)f A' ww" An Fat C21LQp m♦YCan CnCil[dCa, rOC ZB(, p0I70ttli d aawL2s e21C a 711CA u r. .arias n A - mLt6GtJIrJ2A. Staff report by bill Bollq, Community Services 141 Director. (1402 -01 YMCA) - MOTIOa9 Moved by Mlkela. secoodd by Buquat to support the staff's - racomodation to proceed with preparation of an agreement betvaen the TMCA, Levis Some, and the City for the purpose of astabliebiog a YMCA on the suture a. park site at Cbarch otreet and Milliken Avenue. Motion carried 4 -0-1 (Wright absent). F r r r s r r 65. Annan iFWe antic au uo ct72C 71C.it.iTi. Staff report by Lauren (35) Wasserman, City Manager. (1601 -04 C1FIC CENTER) MOTION Moved by Ling, seeoaded by SttgasL to approve the followings 1. The "vie facility should be consistent with the contemporary sad high -tech image found in the surrounding area{ 2. The Seven Avenue Guidelines should be followed with respect ro design images 3. Strong consideration should be given to full ercavotioo of the "beaement" floor for future expansion= and t _ 4. The architect deal with the Council to developing the exterior design in a work shop. Notion carried 4 -0-1 (Wright &besot). • r r r r r 67. doe® LM2U A770I1TMQT d7 =UMK j. Council appointed Couneilmeo (36) Mikel& and King as a subcoaadttea to review BYE'S for the Marketing Public Relations System Package for a ZDA bra:bure. (0100 -00 ADMUISTLTION) r•rr rrr T- CDDRCIL LDRraRRs Councilman Roquat requested that Council discuss the Traffic Circulation on the (37) first of January 1986. (0100 -00 ADMINISTRATION) r r r s r r e. atvobuMrQ MCTlOSs Moved by Dahl, *decoded by brquat to adjourn to a Closed Session regarding a personnel matter azi on roar pending litigation. Meeting to reconvene on Wednesday, Dacembar 15. 1453, 7900 p.m., Lions park Cousnity :doter. 9161 gun Line Rod. Motioo'urried 4-0-1 (Wright absent). Respectfully submitted, Llie7� Beverly A. Auttelat City Clark Approvedt February S. 1956 i