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HomeMy WebLinkAbout1986/02/05 - Agenda PacketarY of RA\Up CUCAMONtiA CITY COUNc M AGENDA Lions Park Community Center 91bl Base Line Road Rancho Cucamonga, California All item submitted for the City Couacil Agenda rut be an writing. The deadline for submitting theme item is 5:00 p.m. on the Wednesday prior to the ftetiug. She City Clerk's Office receives all such item. A. Pledge of Allegieace to Flag. B. Roll Call: Wright _, Buquet _, Mikel• Dahl _, and ling _. C. Approval of Minutes: Dacecber 4, 1985 December 18, 1985 January 2, 1986 Janury 15. 1986 . it..u. .A•, .. J A- Thursday, February 6, 1986 - 7:00 p.m. - HISTORIC PH SER7ASION COMMISSION - Lions Park Comcumity Center, 9161 Base Line Road. B. Wednesday, February 12, 1986 - 7:30 p.m. - PLANNING COMMISSION - Lioao Park Comsunity Center, 9161 Base Line Road. C. Thursday, Febr:ary 20. 1985 - 7:30 p.m. - PARK DEVELOPMENT COMMISSION - Lions Park Community Center, 9161 5aee Line Road. D. Thursday, February 27, 1986 - 7:J0 p.m. - JOINS AD71SORY COMMISSION /CITY COUNCIL - Lions Park Community Center, 9161 Base Line Road. City Council Meeting -2- February 5, 1986 7. CD♦S=T CALWU The following Consent Calendar item are expected to be x routine and non- eontroeersial. They will be acted upon by the Council at one elm without diocussion. A. Approval of Warrants, Register No's. 2 -05 -66 sod (1) Payroll ending 1 -19 -86 for the total anouet of $2,288,676.78. 7` B Approval to receive and file current Investment (8) Schedule as of January 28, 1986. t C. Alcoholic Beverage Application No. AB 86-01 for On -Sale (12) Beer 6 Wine Eating Place License, Rocky's New York Pizzeria, Moayedi -Nia, Mahmoud and Moayedoddim, M. Saeed, 9615 Foothill Boulevard. 0. Approval to forward Claim (CL86 -08) against the City by (14) Southern Pacific Transportation Company for an automobile/train accident at the railroad crossing on East Avenue between Victoria and Base Line Avenues to insurance carrier. E. Approval to forward Claim (CL86 -09) against the City by (19) Jack Carpenter for automobile damage of Foothill z Boulevard to insurance carrier. P. Approval of Street Frcntage lmprrvemant Agreement (20) � between Clara Sundland and the City of Rancho Cucamonga for street and frontage improveceots at 7407 Vineyard Avenue. = C. Approval to adopt a resolution releasing the Street (26) Frontage Lien Agreement between the City of Rancho Cucamonga and Christine L. Steiger as QI conditions for zaid agreement have been fulfilled. J 't RESOLUTION N0. 85 -05 (28) T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RELEASING A STREET FwCNTArE CONSTRUCTION LIEN AGREEMENT BETWEEN CHRISTINE L. STEIGER AND THE CITY OF RANCHO CUCAMONGA H. Approve additional $16,500.00 for completion of the (29) Carnelian Avenue Beautification Project (CO 85 -088, Artistic Landscape) Additional monies to come out of , Beautification fund. City Council meeting -3- February 5, 1986 I. Approval of Tract Nap, Improvement Agreement and (39) Improvement Security for Tract No. 11626, located on the north side of Almond Street at Beryl Street submitted by John N. Matz, Incorporated. RESOLUTION NO. 86-06 (56) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11626 J. Approval of Joint Use Agreement between Southern (57) California Edison Company (CO 86 -05) and the City of Rancho Cucamonga. RESOLUTICN NO. 86 -07 (63) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA. CALIFORNIA. APPROVING A JOINI USE AGREEMENT BETWEEN THE CITY AND THR SOUTHERN CALIFORNIA EDISON COMPANY 1. Apprrval of Professional Services Agreement (CO 86 -06) (64) Witt Willdon Assozistes to complete Assessment Eof,ineering on Anoseation g6 -1 to Community Facilities District No. 84 -1 (bay Creek). Contract not to exceed 916.598 to be funded from District funds. L. Approval of Tract Maps. Improvement Agreements and (80) ieprovement Securities for Tract 12602 -1. -2. -3, -4, -5 and -6 Iccated in Terra Vista Planned Community submitted by Lewis Homes of California, a general Partnership, RESOLUTION R0. 86 -08 (90) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. APP407ING IMPR07EMENT AGREEMENTS. IMPROVEMENt SECURITIES AND FINAL MAP OF TRACT NOS. 12502 -1 THRU -6 M. Approval of Tract Map, Improvement Agreement and (91) Improvement Security for Tract No. 10(27 -1 located between Hermosa Avenue and Haven Avenue, south of Vilson Avenue submitted by First Nationwide Network Mortgage Company. City Council Meeting -4- February 5, 1986 RESOLUTION 80..66 -09 '101) A RESOLUTION OF THE CITY COUNCIL OF TOE CITY OF RANCHO CULAMONGA, CALIFORNIA, Apnoviva IMf•ROPEMEBT AGREEMENT, IMPROVEMENT SECURITY At1U FINAL MAP OY TRACT No. 10827 -1 N. Approval of Improvement Extension Agreement and (102) Improvament Security for Tract do. 10045 located on the northve•it corner of Ridden Para Road and Haven Avenue. RESOLUTION NO. 86 -10 (104) A RESOLUTION OF THE CITY COUNCIL OF THE CITY UP RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 10045 0. Approval of Tract Map, Improvement Agreement sad (105) lmptovemeot Security for Tract 12673 located at the northeast cornet of Church Street and Terra vista Patkvay submitted by Western Properties, a general peftnerebip. RESOLUTION NO. 86 -11 (117) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12673 P. Approval of Improvement Extension Agreement and (118) Improvement Security for Parcel Map 5795 located on the south side of Wilson at Mayberry. RESOLUTION NO. 86 -12 (120) A RESOLUTION OF THE CITY COUNCIL OF I' OF RANCHO CUCAMONGA. CALIFORNIA, AF IMPROVEMENT EXTENSION AGIREMENT , IMPROVEMENT SECURITY FOR PARCEL MAP 5795 Q. Approval to advertise for construction bids for both (121) Turner Avenue and North Two - Phase Iv Improvements and to set a public bearing data for possible Reprogramming of existing unallocated Commaity Development Block Grant Funding. ■ City Council Meeting -5- NRESOLUTION February 5, 1956 NO. 86 -13 (123) A RESOLUTION OF THE CITY COUBCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINC PLANS ARD SPECIFICATIONS FOR BOTH "TURNER AVENUE AND NORM TOWN PR.1SE IV IMPROVEMENTS" IN SAM CITY AND AUTHORIZING AND DIRECTING THE CITY CLERY TO ADVERTISE TO RECEIVE BIDS R. Approval of resolution to approve the Plans and (127) Specifications for Phase I of the 1985 -86 Residential Street Rebabilitation (slurry seal) Program and authoricing and directing the City Clerk to advertise to receive bids. RESOLUTION NO. 86 -14 (130) A RESOLUTION OF TBS CITY COUNCIL OF THE CITY OF RANCHO C11CAMONCA. CALIFORNIA, APPROVING PLANS AND RPECIPICAIIONS FOR "RESIDENTIAL STREET HEBABILITATION, 19E5 -F6, (PHASE I) ". IN SAID CITY AND AUTHORIZING AND DIRECTING CITY CLERK TO ADVERTISE TO RECEIVE BIDS S. Approval of Parcel Nap 9020 located on the south side (134) of Seventb Street and the vest aide of Archibald Avenue submitted by Lelaad £cheu. RESOLUTION NO. 86 -15 (135) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAjfOHGA. CALIFORNIA, APPROVING PARCEL MAP NUMBER 9020 (TESNTATIVE PARCEL MAP NO. 9020) T. Approval to release bonds and file a Notice of (136) Completion for the following; t Oraarev"ed Tm nhe.a ARrrr�ara (D.R. 83 -18) Faithful Performance Bond (Road) 914,000.00 RESOLUTION 110. 86 -16 (140) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. ACCEPTING THE PUBLIC IMPROVLY'MTS FOR D. R. 83 -18 AND AUTHORIZING TOE FILING OF A NOTICE OF COMPLETiON FOR TRV WORK Cr{e .r Drvelaer'.at orong�On fTrart 9634) Faithful Performance Bond (Mall) 6 5.000.00 City Council Meeting -6- February 5, 1986 Faithful Levis Develoocene Performance Co. Bond (Pere 1 Nn $ 3,500.00 Faitbaul Performance Bond 061. (Road) Par l 2) $13,000.00 U. Approval of amendment to Deferred Compensation Plan (CO (141) 191, Glendalo Federal Savings and Loan). RESOLUTION NO. 79 -79C (142) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMCDDING RESOLUTION 70. 79 -19 AN EMPLOYEES DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RELATED TO SAID PLAN V. Approvel of resolution urging the legislature to enact (143) legislation requiring seat belts for school buses. RESOLUTION 90. 86 -17 (144) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, URGING IHAT THE CALIFORNIA LEGISLATURE ENACT LEGISLATION REQUIRING IHE INSTALLATION AND USE OF SEAT BELTS IN SCHOOL BUSES AND BUSES HIRED TO TRANSPORT STODVTS N. Approval to seek proposals for the Master Plan Design (145) Program for Rancho Cucamonga City Park. X. Approval of intention to aonex Tract 12650 -1 to (147) Landscape Maintenance District No. 1 an Annexation No. 27 and setting the date of Public Hearing for March 5, § 1986. RESOLUTIOD NO. 86 -18 (153) A RESOLUTIOB OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRCIMIRARY APPROVAL OF CITY ENGINEER'S REPORT FOR A9NE- nATION 80. 27 TO LANDSCAPE MAINTENANCE DISTRICT $0. 1 City Council Meeting -7- February 5, 1986 RESOLUTION N0. -86 -19 (154) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAECHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXAIION AS ANNEXATION NO. 27 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT IO THE LANDSCAPIPC AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR TEARING OBJECTIONS THERETO Y. Approval of intention to son= Tracts 12590, 12670, -1 (156) and -4, 12672 and 12319, -1 thru -8 (Terra Vista Planned Comsunity) to Landscape Maintenance District No. 4 as Annexation No. 2 and to Street Lighting Maintenance District No. 4 as Annexation No. 2 and setting the dtte of public hearing for February 19, 1986. RESOLUTION M0. 86 -20 (181) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA OF PRELIMINARY APPROVAL OF CITY EAGIDEER'S REPORT FOR ANNEXATION N0. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) RESOLUTION NO. 86 -21 (182) A RESOLUTION OP IHE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), AN ASSESSMENT DISTRICT: DESICHATINr SAID ANNEXATION AS ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4; PURSUANT IO THE LANDSLAPINC AND LIGHTING ACT OF 1972 AND OFFERING A TINE AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION N0. 86 -22 (184) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION 80. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 4 (TERRA VISTA PLANNED COMMUNITY) City Council Meeting -8- February 5. 1986 RESOLUTION 60. 86 -23 (185) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (T RRA VISTA PLANNED COMMUNITY), AN ASSESSMENT DISTRICTS DESIGNAIING SAID ANNEXATION AS ANNEXATION NO. 2 TO STREET LIGHTING MAP.(TENMCE DISTRICT NO. 4; PORSUAST IO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO I. Approval of intention to Anne: Tracts 12830, 102100 (208) 12001 -2, 12914, 12922, 11853 to Landscape Maintenance District No. 1 as Annexation No. 26 and setting the data for public hearing for March S, 1986 RESOLUTION NO. 86 -24 (223) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 26 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 86 -25 (224) A HZSOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPOMIA, DECLARING ITS INTENTION TO ORDER IHE ANNEXATION Tai LANDSCAPE MAINTENANCE DISTRICT 50. 1, 1N ASSESSMENT DISTRICT, DESIGNATING SAID MNYZATION AS ANNEXATION NO. 26 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PUDSUMT TO THE LANDSCAPING AND LIGNTING ACT OF 197! AND OFFERING A TIME AND PLACE FOR BEARING OBJECTIONS THERETO M. Approval of intention to Annex Tract Hai. 11553, 12922, (226) 12801 -2, 12650 -1, D.R. 84 -51 and Parcel flap 9318 and 9204 to Street Lighting Maintenance h •rrict No. 1 ac Annexation No. 14 and Tract Nor 12801 -2 12650 -1. D.R. 84 -51 and Parcel Hap , 8 to Street Lighting District no. 2 as Annexation No. 12 and setting the public hearing for March Ss 1986. City Council meeting -9- February 5, 1986 RESOLUTION NO. 86 -26 (244) A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, 01' PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NU. !r TO STREET LIGHTING MAINTENANCE DISTRICT I.O. i RESOLUTION N0. 86 -27 (245) A RESOLUTION OF THE CITY COUNCIL OF THE CIrY OF RANCHO CUCAMONGA, CALIFORNIA. DECLARING ITS INTENTION TO ORDER THI ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1. AN ASSESSMENT DISTRICTt DECD,NATING SAID ANNEXATION AS ANNEXATION NO. 14 TO STREET LIGHTING MAINTENACE DISTRICT 80. 1; PURSUANT 20 THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING CBJFCTIONS THERETO RES'ILUTIOR NO. S6 -28 (256) A RESOLUTION lC YEE CITY COUNCIL OF rH8 CIry OF RAMCRG 'UCAMONGA CALIFORNIA. OF PRELIMINAN'[ APPROVAL OF CITY ENGINEER'S REPORT Fbt aNEXATIOP 00. 12 TO CTREEf LIGHTING MAINTENANCE DISTRICT NO. 2 RESCLUTION M0. 86 -29 (257) A RESOLUTION OF THE CITY COUNCIL OF IHE CITY OF RANCHO C9CAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO JRDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT MO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIOHTINO ACT OF 1972 AND OFFERING A rIM8 AND PLACE FOR HEARING OBJECTIONS THERETO BN. Approval of Annexation No. 85 -1 (Caryo Planned (259) Commaity) to Community Facilities District 84 -1 (Day Crack Drainage Systea) - Staff recommends adoption of various resolutions to order a public bearing to annex the Caryu Planned Comtnity Area into Day Creek Community Facilities. Set public bearing date for Match 19, 1986. City Council Meeting -10- February 5, 1986 RESOLUTION NO. 86-30 (260) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CULAY.OHGA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY TO BE ANNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 86 -31 (261) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TMITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT RESOLUTION NO. 85 -32 (266) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO LOCAMOHCA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A "REPORT' FOR ANNEXATIOd TERRITORY TO A COHMUNITY FACILITIES DICTRICT CC. Set public hearing for February 19, 1986 - (268) Etvircamental Issessmeut and Victoria Planned Community Amendment 1A -01 - The William Lyon Company. DD. Set pubic bearing for February 19, 1986 - Enviroom.otal Assessment and General Plan Amendment 86 -OIA - eavbins A. UnAGNMENTAL. ASPTSSMERT ASO DEVELOPMENT CODE A_MENDHER - CITY OF RANCHO CUCAM0NGA - An amendment to the Development Code of the City of Rancho Cnca=cga Orlinance 211 to revise Sections 17.,)8.040F and 17.08.040I. pertaining to the landscaping and slopo piauting, respectively. ORDINANCE NO. 211A (second reading) AN AMENDMENI TO THE DEVELOPMENT CODE OF THE CITY OF RLHCRO CUCAMONGA. ORDTMAMCE 211. TO REVISE SECTIONS 17.08.040F AND 17.08.040I (297) PERTAINING TO LANDSCAPING AND SLOPE PLANTING, RESPECTIVELY City Council Meeting -11. February 5, 1986 B. ENVIRONMENTAL ASSESSMENT AuD DEVF, OPHEN7 CODE ANENOMEHT 85-06 - CITY OF RANCHO CUCAMONGA - An amendment to Section 17.02.130 of the Development Code pertaining to Non- conEorming use. ORDINANCE NO. 285 (second reading) (300) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLF 17. SECTION 17.02.130 OF THE DEVELOPMENT CODE, RR. RDINC NON- CONFORMING USE C. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL - (303) DEVELOPMENT REVIEW 85 -28 - RAVEN AVENUE FOOD COURT. - Appeal by applicant of Planning Commission conditions of approval for the development of a oae story retail /restaurant (10,000 eq. ft.) building locate) within the Virginia Data Center at the northwest corner of Foothill and Raven on approximately 13 acres in the General Commercial (GC) District - APH 1077 - 401 -027. D. TREE PRESERVATION ORDINANCE AMENDMENT - Proposed (333) amendment• to Chapter@ 17.08 and 19.08 of the Rancho Cucamonga Municipal Code pertaining to the preservation of trees on private property. Continued from January 15, 1986 meeting. ORDINANCE NO. 275 (first reading) (340) AN ORDINANCE OF THL CITY COUNCIL OF IHE CITY CP NANCHO COCAY.OdCA, CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY ORDINANCE 80. 276 (first reading) (341) AN ORDISPICE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. AMENDING CHAPTER 19.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT (352) 95 -03 - CITY OF RANCHO CUCAMONGA - An amendment to Title 17, Revisions /Modifications, Section 17.02.0708, Development Review, Section 17.06.OIOG and 17.06.020G regarding language changes and additions. City Council Meeting -12- February S, Iv:; ORDINANCE 80. 284 (first reading) (363) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DE7ELOPMEST CODE AMENDMENT 85 -03. AMENDING TITLE 17, REVISIONS /MODIFICATIONS SECTION 17.020.0708 AND NEW APPLICATIONS FOLLOUIFG DENIAL OF SECTIONS 17.060.010C AND 17.060.0206. OF THE MUNICIPAL CODE F. ORDERING THE VACATION OP A PORTION OP ALMOND STREET BEIW .7N B R.. STREET AND AMETHYST AVERS . Caatinuad from January 15, 1986 aseting. RESOLUTION NO. 86 -33 (376) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A PORTION OF ALMOND STREET BETWEEN BERYL STREET AND AMETHYST AVENUE G. APPEAL OF PLANNING COMMISSION DECISION - DEVELOPMERT (380) REVIEW 85 -22 - HDVARDS THEATER - An appeal by the applicant of the Planning Commission's decision regarding the development of a six -plea movie theater of 25,188 square feet on 13 acres of land located at the nortbuest career of Foothill and Haven (Virginia Dare Center) in the General Commercial (GC) Dictrict - APR 1077- 104 -01, 03. (Appeal vithdrava) A. STORM DRAIN FEE ORDINANCE AMENDMENT - The proposed (383) Ordinance owed& the Storm Drain Fee Ordinance to split the City into drainage areas with fees to vary with the area. The Ordinance makes other miscellaneous modifications. ORDINANCE 00. 286 (first reading) (388) AN ORDINANCE OF IRS C'rY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. UMDING CHAPTER 13.08 OF THE CASCHO CUCAMONGA MUNICIPAL CODE PERTAIIIING TO STORM DRAINAGE PLANS City Council meeting -I3- February 5. 1986 RESOLUTION NO. 86 -34 (393) A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA ESTABLISBINC AND ADOPTING A PEE SCHEDULE PERIAININC TO THE CONSTRUCTION OF PLANNED DRAINk7E FACILITIES WITHIN THE CITY OF RANCHO CTICANONCA A. ADVISORY COMMISSION REC=rjpATIpNs FOR FiREWORYS (395) ORDINANCE. B. APPOINMENT OF CULTURAL CENTER ADVISORY COKNITTM (400) S. AD.IDURRNST ^ ,= von°.a`iuea,_��'•$•�. °.n'a.'. '�woa�oiue- +� -n °n. r , .•nra.Pmnrm°z -mmme ........... c_u. 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ERs ^• ....• inra _ Yiw = ^�Oew r•1r <� u •1 QQttf Yy ~±••_ b=an • • 4w.u3j ^ 1 z. •zy ..N Tr_Ja °wM ai a3O. r.yta �in•�. -�r ib Pnn �K1 ^r� n � .i'T .S.T..•� ^ta sr� r � s ei. -aaez O O� Q .• Qa I C IM Niwxi So °Paat 'ITT doyd i O bl Ir-C, Y nJyw •r'N�o is iMaV- �•iadN•-•Y E YY 3OS• wiPP?• •SOV ^_J l0 •� P VJ ,••••gin • Y e:.' .. s .?.i� r. �; r� r�� -s =.. rte" pia a'r .i,.' _ 'MnnC�� ^� r •Yr� rQNY - � P f: � 'LSVV �n ryj nwT .- � . ^M U P � <Y � i!1 � r ^ - 9± i tl � Y I D i r O � 'r rte; � bin r itr�• Jr19CCa ,p]TTTT'• r r b VI � �_ �^ i°uri 'i os�' � _ n.r' ' JM� TA �� ^MP ^ i.. Tr. ... .�. �' � iitin� i a r. ' �R r . V �f iwL' £J �r QTY � _r{ ^TS �o • M i± � �nari M � jrr �• �" `o" p3.i Dom- ��`n �ir.3 .s.' r 1I � r � a r r �I .a+.i. .'r ,¢4 `• ;�, r,. -_ fi=r = ,r. :... "3 8�Y i ., � .. I ,:'' r ��oyo •rnuor r.nun� ,cn,r ^Y���n�P�Y~N pP M' ��� � +P y� Y.Ni�yy nrNA '�rr�IrPYO � �VNV i'1.rPV♦ .. r r � ' ' N n^ r • fP yl �� r ��_n Vf� y�PV �nrIPr�^ ar � P rrY n.rN r...YPn Pvdv �* /rNA O Or OP UUI1PYt.P �OOV +I PYr Pi ..••n r- CITY OF RANCHO CUCAMONGA STAFF REPORT�� -� 3 A Z u� > DATE: February 5, 1986 1977 TOi City Council and City Manager PROM: Jim Hart, Administrative Services Director /Deputy City Treasurer SUBJECT. Receive and pile - City of Rancho Cucamonga Investment Schedule Status Report as of January 28, 1986, PURCHASE INSTITUTION DArz American Savings 09 -30 -85 Book of America 09 -30 -85 Central Savings 10 -01 -85 Foothill Independent Bank 12 -30 -85 American Savings 08 -11 -85 Vineyard National Bank 07 -17 -85 Crocker National Bank 10 -14 -85 Calif. Federal Savings 03-21 -85 Crest Western Savings 08 -19 -85 Foothill Iadepaodant Back 10 -21 -85 Guardian Savings 08 -23 -85 Eureka Federal Savings 08 -23 -85 American Savings 10 -02 -85 Chino Valley Back 10 -02 -85 Calif. Federal Savings 10 -02 -85 Calif. Federal Savings 10 -02 -85 MATRRITY _ CATS 01 -05 -86 02 -05 -66 02 -05 -86 02 -05 -86 02 -10 -86 02 -12 -86 02 -12 -86 02 -18 -86 02 -18 -66 0: -18 -86 02 -19 -86 02 -19 -86 03 -05 -86 03 -05 -86 03 -05 -86 03 -05 -86 CJ IBT6REST AMOUNT RATE 100,000 0.08730 100,000 0.072 /5 100.000 0.08750 921.486 0.06500 200,000 0.08750 100,000 0.07750 100,000 0.07500 100,000 0.07950 100.000 0.08000 100,000 0.07250 100,000 0.08800 100,000 0.08750 100.000 0.08750 100,000 0.07600 100.000 0.08050 100.000 0.06050 Investment Status Report Page 2 PURCHASE IBSTInTIOg DATE Chino Valley wank 10 -02 -85 Amorican Savings 6 Loan 10 -02 -85 California Federal Savingv 10 -07 -85 California Federal Savings 10 -07 -85 Pacific Savings Bank 03 -08 -85 Coast Savings 6 Loan 08 -09 -85 Progressive Savings 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 Foothill Independent Back 12 -19 -85 Golden Pacific Bank 04 -05 -85 Great Western Sav tags 07 -09 -85 Long Beach Savings 6 Loan 04 -10 -85 Book of Beverly gilts 10 -18 -85 Great Western Savings 12 -17 -85 Great Western Savings 11 -04 -85 For West Savings 6 Loan 11 -04 -85 American D1•ersifted 11 -06 -85 0®i Bank 05 -16 -85 Soutbvest Savings 6 Loan 03-20 -85 Fidelity federal Savings 06 -11 -85 Imperial Savings 09 -23 -85 Imperial Savings 01 -06 -86 MATURITY DAUB 03 -05 -66 03 -05 -86 03 -06 -86 03 -06 -86 03 -06 -86 03 -06 -86 03 -07 -86 03 -13 -86 03 -17 -86 03 -18 -86 03 -20 -86 04 -03 -86 04 -07 -86 04 -07 -86 04 -16 -06 04 -16 -86 05 03 -86 05 -05 -86 05 -05 -86 05 -15 -86 05 -20 -86 06 -17-66 06 -30 -86 06 -30 -86 9 AHQM 1 100,000 100,000 100,000 100,000 100,100 100,000 100,000 100,000 $00,000 100,000 761,151 100,000 100,000 100,000 100,000 800,000 200,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 INTEREST PAIR MARKET RATE VALOR 0.07600 0.08.50 0.08000 0.08000 0.10400 0.07625 0.10100 0.07725 0.08000 0.10500 Treasury Bill�l 0.10500 0.07700 0.07700 0.08:00 0.07850 0.08150 0.08500 0.09375 0.09500 0.10000 0.09250 0.08300 0.08000 Investment Status Report Page 3 I9STITUTION PURCHASE DATE MATURITY DATE AMOUNT INTEREST RATE FAIR MAREET PAt.OL Vineyard National ..ask 12 -27 -85 07 -02 -86 100,000 0.08000 Foothill Independent Bank 01 -09 -86 07 -02 -86 100,000 0.07125 American Sav toga 6 Loan 06 -29 -84 07 -07 -86 100,005 0 13200 American Savings 6 Loan 07 -09 -85 07 -09 -86 100,000 0.09375 Bank of America 12 -30 -85 07 -15 -86 100,000 0.07275 Beverly Rills Savings 07 -15 -85 07 -15 -86 100,000 0.09400 California Federal Savings 01 -13 -86 07 -16 -86 100,000 0.07900 Foothill Independent Bank 01 -13 -86 08 -06 -86 300,000 0.07129 Bank of America 01 -14 -86 08 -20 -86 100,000 0.07575 Glendale Federal 01 -27 -86 08 -25 -86 100,000 0.08200 Sears Savings Bank 03 -22 -85 09 -26 -96 100,000 0.10700 signal Savings 01 -10 -86 10 -16 -86 100.000 0.08750 Pacific savings Bank 10 -24 -85 10 -24 -86 91,224 0.09620 American Savings I1 -04 -85 12 -04 -86 100,000 0.09000 Upland National Bank 01 -27 -86 01 -27 -87 100,000 0.08500 Equitee 01 -27 -86 01 -27 -87 100,000 0.08800 Gibraltar Savings 6 Loan 02 -14 -85 02 -20 -87 100,000 0.10250 1100,000 Dean Witter Reynolds 04 -18 -85 05 -15 -88 97,181 Treasury 3111 *2 107.461 Lincoln Savings 6 Loan 02 -13 -85 02 -13 -90 100,000 0.11125 100,000 Govetneent Nat 1 Mortgage 04 -16 -84 01 -15 -2011 858.808 0.13000*3 933,416 Local Agency Invest Fund 12 -04 -85 As Needed 2,250,000 0.09480 Local Agency Invest Fund 12 -I0 -85 As Needed 2.750.000 0.09480 Sub Total: 14.729.850 /0 Investment Status Report Page 4 INSTITUTION PURCRASS DAYS MATURITY DATE AMOUNT INTEREST RATE pD -ee Great Western Savings C1 -20 -86 02 -19 -86 7.257.444 0.08050 Sub Total: 7,257,444 Foothill Independent Bank 01 -03 -86 02 -03 -86 300,000 0.07000 Foothill Iudependent Bank 06 -20 -85 02 -03 -85 jp1xoo 0.07000 Sub Total: 1,000,000 ALL Crest Western Savings 12 -27 -85 01 -03 -86 100,000 0.07850 Great Western Savioga 08 -29 -85 01 -31 -86 100,000 0.08000 Great Western Savings 08 -19 -85 02 -28 -86 100,000 0.08050 Great Western Savings 08 -29 -85 03 -31 -86 100,000 0.08100 Great Western Savings 09 -03 -85 04 -01 -86 100,000 0.08150 Great Western Savings 10 -31 -85 02 -28 -86 100,000 0.07950 Great Western Savings 11 -29 -85 02 -27 -86 100,000 0.08050 Great Western Saviogs 12 -02 -85 03 -03 -86 4,100,000 0.08100 Back of America 01 -03 -86 02 -03 -86 3,300.E 0.07225 owl Total: 7,800,000 fl9=2 Foothill Independent Back 01 -07 -86 07 -02 -d6 "A jSj 0.07250 Sub Total: 414,592 As of 12 -26 -85 Graud Totals 31,201,886 •1 Treasury Ells are purchased at a price below their maturity value. They are quoted and traded on the basis of yield to maturity The approximate interest earned ou this @ix month lnventmaut will be $13,850.00. e a2 The approaimstu rrterest earned on this investmnat will be $34,000.00. s3 Securities vhsch are backed by pool@ of government insured or guaranteed mortgages. i Note 4: All investments are Certitlutes of Deposit unless otherwise noted above. PAIR MARKET VA30E 1I w T. In F N AWWW iw.yr C. ON .'y. am S MIMi lal ir..Iq � •� ._. aoa:�4 fW � ro RATING MACi Irraf "— ir.11in7.ir. 2 MAWg7 p APMX%WM Alpr.i. f... teu p ft. III 1 ItR(y p RAM3AC�p�) 4 71 � ll.p M Orr ��lr rr/ tat M. SUS Tr..rlll ■IN 1 f om NMI T f* /K t APPUCAINK or If. PAM CO CAOSO/M - � yr+nrr..r ..�.r. .n�.w.��wrrwlw►\rw - 4F71 /46._._._ r wr�r "�w"•r.rw\.rrr.rr�rl+worr�'... rr'.�.rw�...`.� rr.r Yy�. �r .�l..l W.wr VIA \r��w� ►Yrr�r.\.��M.. wr..Yr.,. r•r�+ \r.r \r...�\ �r.�Yw Y \.r.rW\..wYrw�\ -� --. WIYat R'Nr id.r 7111 - 1• /f 4n7r 11ep.rrl Ur Ay A�ldri O S1.rL1..rlr O wr.l pr.\ O —Canty - ❑ A...1 h.N�_JrIM��Ww_-- .�_prwr116 uY.Wri MM W NMAIS44�YCwti1,4y� R fTAR or G [.w, N r ..r✓tl� i Y rY� M �... ,w•� IA . 4 L. 4 �� rYr f om NMI T f* /K t APPUCAINK or If. PAM CO CAOSO/M - � yr+nrr..r ..�.r. .n�.w.��wrrwlw►\rw - 4F71 /46._._._ r wr�r "�w"•r.rw\.rrr.rr�rl+worr�'... rr'.�.rw�...`.� rr.r Yy�. �r .�l..l W.wr VIA \r��w� ►Yrr�r.\.��M.. wr..Yr.,. r•r�+ \r.r \r...�\ �r.�Yw Y \.r.rW\..wYrw�\ -� --. WIYat R'Nr id.r 7111 - 1• /f 4n7r 11ep.rrl Ur Ay A�ldri O S1.rL1..rlr O wr.l pr.\ O —Canty - ❑ A...1 h.N�_JrIM��Ww_-- .�_prwr116 p?Ac-R -:�i WlLMI0EjFc#J V:lkI -s4wNc -5 �I wv� 11 1 `PwwoG LDT `(c�Ll< fl.azll M,L,aY M C. I;bw4w s f P0PEPY-Y 04/990 N Mr 2a &D : G- &✓�c'.P Centr�ERGAL l (,VAIDIkC7 �&l/N6 A10971Y - 66�VO.L CaJyY UgClAL s" r -,v ter- �t nnRTH CITY OF rfMI, RANCHO CUCAMO \`GA 7TrLE, Pl• NNING D1VGlQ\j E \HIIII- SCALE 13 A.LLI Breidenbach 4 , Cram ton ( ( cu 2 A L %% CgNUL,LTxIM January 16, 1986 Vi.m vAM (IIIIT tNam 2 E C E I V E. A lav uric[ e...° CITY OF RANCHO CUCAMONGA RgInTr COW WI ADMINISTRATION (\9 \V[l JAN 20 City Clerk w 1986 w CERTIFIED NAIL P. O. Box 807 481gIglniglS17�S�9�518 RETURN RECEIPT Rancho Cucamonga, CA 91701 ! REQUESTED Res Ortega v. Southern Pacific Transportation Company, et al. Our File No. 599 Government Code 5910 Claim Notice Dear City Clerk[ W& are the attorneys representing 6outhern Pacific Transportation Company in the above - captioned matter. Our client was served with the Complaint of plaintiffs on November 26, 1985. Attached to this letter is the claim of Southern Pacific Transportation Company against The City o(. Rancho Cucamonga pursuant to California Government Code 5910. Our client's claim is for comparative contribution end /or comparative indemnity. All notices may be sent to my office. If you have any questions in this regard, or if anything further is required, please cont ct the uadersigned immediately. Very truly yours, "I �- DAW`psm Enclosure YlA`(D BNEIDENP.APN. SWAYWATnN_ ­W" m&W— IHLM1DLNn w°usD RUVmv cNDOIr D[^nnl wLYUnaDYlna ULICS°�[eV0 DMrINUL[T LYIVOYDr CNV{N m.LLpA V \Y DpLYA WLVt ICI[A {DYAVY 1f(\R1 LLlY MVD![!(tI1T {Vp[1NC94.LW.\ "MIN KVV NVpL(OQN INpLL[V( ^[ML\MMAMM DW &L%.t IYVDLLl1VRlll KVaLIDLC 9VATLf LbV lU1(CA[•IVYRCI /e/ w Llm 4 V.Dw R[WV KVS24 ,DI1C V<VLlm fl[(11 Ipry I OL\N7J DOUD W ♦ AVDIbf rRl L DIO u lOWTDInn NYLW ANS{WAY or[aY COYLLDI rO LUIa •a. r., too.. CLAIM FOR DAMAGES RESERVE rvR FILINC STA.Up TO PERSON OR PROPF.RTy II CLAIM Na oa"au n• nr INSTRUCrimis t. I C7a1ma for dntk, lat<r than Ifs days r Lao a=�a ar m G sooalrra�ort7 mM W ryN nsr 2 Clalma for damn m >'a. (oar r Sae ill 71 °or Ld rta, tCnr�Codda SSe aaIr 1]eC7 mrr W feed wt later than 1 year after the d. Read anon elahr. before nu t See pa" a for diagram nponnahich to I7nta Man Of aeeldrnl a T1W •lain form mwt be stalled an to hreU 7 Clla1m Mort bee led;, If Meerme7- b tlw•t NU detain, SIOY L.CH S Ned vita Cltl Clerk. ease. Coda Set• glut 1iECC 1MwxRxLEzx&2is=LB CITY OF RANCHO CUCAMONGA Name or Qalmaot _ SOUTHERN PACIFIC T I ^` Home Addraa of Claimant ANY Not Applicable city sold S14 9--0 -M lddrauef Clalmaat _- 610 S. Main St Ste, 446 CllY and Ste Olnad�n�' -- -mss Angeles, Californ Donald A. wa 7w da. , B em ar nmr,tcnkauont m bit rent ntshue Ste, 1300 PYpp,ESO., Rreidenbach, Swainston, Cri Box 57936, No LOS AI.4e7,., rh 9001 r d DAJdA id fIE or DJNRY occur? alra foD Wrth+,Ln Please see Attachment No. 1 ^•••^ �•� .•..moue or LYJb'Rx oaeof7 Giv,Glri Please see Attachment No. 1 Where mar JUGE or wJltgx zw 1; $'rest 'mks and addnra en, mee.unment "lease see Attachment No. 1 WNt partcumr ACT or OMLSSIO m N do 70o el dalae. If knoeT Please see Attachment No. 2 or Claimant of Worst Arran, a way, 611 W. 6th St„ 767 hUotift or What DAMAOE or 1NJufES do you <lalm reeWtedr Gtr, foe a: tent or THE CITY OF RANCHO CUCAMONGA is liable to this Claimants for comparative contri- bution caused and/or tot Plaintifffsi in the that its or fault What AMOUNT do you Uoun on a ,,ot or each Itam of . mmpumtbn• Nury or dam,ga as of dam of prermation ,.t tIW t The amount of damages incurred by Claimant and the amount of its right ,, ight tongor comparative contribution and /or comparative indemnity are not known at this t17mr Plaintiffs previously Stsde claim against THE CITY OF RANw ties PST[MATED AMOUNT v ru v kaovn CCZ7YSZ.C.�1 in ells sun of 510,000,000. you claim on aemmt or eaN Item or ptoepeture INury or aemago. gl baala a rma See an to preceding inquiry, PACE 2 roves. / j THIS CLAIM MUST DE SIGNED ON REVERSE SIDE Iaurance Payments received. if any. and nation of Laurance Company: Not Applicable. Faxndnurn made, -- -1 of accident or Injury (Dale — Item) (Amount) Not Applicable. Name and address of WKluae; Ibcton and fLapltab: Not Applicable. READ CAREFULLY For all accident claims plan on following dla`ram noon of smite, including North. Firt. South, and Wert, indicate plan of accident by -X- and by sliming house numbers of dLtanctt to ,treet eomerc U Ciry Vel "" vn Involved, died Io pv letter'A' location of Clt7 ve,hlcle when you first raw It, and by'D' lxauvn of yourself or your vehic, you Mt saw Clty veh(cle. location cf City vehicle at time of am dent by'A•I' and location of youneli or your vehicle at the J the accident by '11-1• and the point of Impact by '7L' NOTE It dap oelor do not fit the Hlwtion, attach hereto • proper diagram alg.ed by clalmanL FOR OTHER ACCIDENTS "Z --------- // I10FWALK L- AVAKWAY CURD 31DEWALK 7, F FOR AUTOMOBILE ACCIDENTS �U L IshID Iu ClaLnan r Deno. filing on ha l halt ghug Typed Name, Dale DONALD A. WAY of Breldenbach, 1/16/06 Sva>.nston, Crispo s taay Attorneys for Claimant All clauoantr mat be aired o, be examined as 'u heir claim unler oath. (Charter See 931 Frexsnatwn of a tale claim a a frier, (Cal F CMe Stt AP CL:1I'tf M, 5 E FILED WI :. CLERI. C- " CODE SEC Dlda ATTACHMENT NO. 1 On or about November 14, 1985, Plaintiffs, MRS. AMINTA A. ORTEGA and TOMAS DAVID ORTEGA, a minor, filed a Complaint for damages in the Superior Court of the State of California for the County of San Bernardino, Case No. OCV 36843, entitled Mrs. Aminta A. Ortega and Tomas David Ortega, a minor, by his Guardian ad Litem v. Southern Pacific Transportation Company, a corporatio.1, The City of Rancho Cucamonga, Eugene Charles Craig, Eva Craig, and Does 1 -200 inclusive. The Complaint was served upon this Claimant on November 26, 1985. The Complaint alleges that on May 24, 1985, the Plaintiffs' Decedent, THOMAS DAVID ORTEGA, was xilled in a collision between his automobile and this Defendant's train at the railroad crossing on East Avenue between Victoria and Baseline Avenues in THE CITY OF RANCHO CU=1ONGA. The 1- :aintiffs claim that said collision, death and the alleged damages they sustained as a result thereof were caused by negl.gence on the part of all the Defendants named in the Complaint, 1•.:luding this Claimant and THE CITY OF RANCHO CUCAMONGA, all as is more fully set forth in said Complaint. DATED: January 16, 1986 BREIDENBACH, SWAINSTON, CRISPO 6 WAY A Law Corporation BY: for Claimant PACIFIC TRANS 3. 1? ATTACHMENT Was neeggll a and elief alleges that and upon such gent ,belief t THE CITY OF In the by Plcint RAtJCHO CUC.1y0NGA railroad regulation control and min ffs in their Complaint:, i.e. Particulars ossing and the approaches there of Cast n Avenue at the Theot now known to this Claimant to, and other names of enY emPloyyea of CUCAMONGA Who were ne43i9ent at this time. T1tC CITY OpN�O DATEDt as sat forth above, are not know; January 16 : 2986 BREIDEIJBACH, 5iyAIN�T0t7, C8Z Pw O r A ya \ d WAY Poratlo � BY; �Ar torney — for A �Y�� CORPA j PACIPICaT N.t Cbar. -oy a0' d CIdLI POA DBYGR CR IRJDRT MY Or RANCHO CUCA ONOA /DM1N*TK TMN 1• Claims for death, injury to person, or to personal property f* than 100 days after the occurrence (9)v. Code, Sec. 911 2,,,A yg 1,, '��Q�qw °opd no later 2. Claims for damages to real property must be filed od�lltlYcetTlf71�1� PO ocuurrence (Gov. Code, Soo. 911.2). "r the TD: C1TT OV RARCIR) CDCAJMDMJ , Upland, CA 91786 (714) 946 -4eo1 11 RHO did damage or injury occur? November 29, 1905 about 9t30 a.m. IMM did damage or injury occur? Foothill Blvd, 154 ft west of San Diego Street HOR and under whet circumstances did d c o r Injury o Image or la jury occur? a huge puddle of water collected in the westbound slow lane and art' in the westbound fast lane. The policvhold.r ..,.... , -._ ... _ RHAT particular action by the City, or its employees, Injury? (Include names of employees, if known). caused the alleged darege or Improper design and maintenance of street WHAT sum it may be dknown at he tlme of the Presentation a of amount 4r o3alm, together with Cha basis of insJfar as computation of the amount olnisxd. (Attach estimates or bills, if possible). Vehicle Damage end injury - specific amount not known but we have reserves set at $2.500 for HI and 52 500 for PD. $ 7ota1 Amount Claimacs � RAM and addresses of witnesssa, doctors, and hospitals: January 22, 1986 Date s03(478) -RC(H) /9 of Workmen's Auto InssCocwho e are subrogeas of Jack Carpenter. 01 A.1A A 51025(,q CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Lucinda Hackett, Assistant Civil Engineer `��ucaarglc of p 1977 1 SUBJECT: Approval of Street Frontage Improvement Agreement between Clara Sundland and the City of Rancho Cacamonga for street and frontage improvements at 7407 Vineyard Avenue The attached subject agreement Setween the City and Mrs Sundland provides for frontage improvements of Mrs. Sundland's property at 7407 Vineyard Avenue, located directly across the street from Red Hill dark. The property owner has agreed to grant a Roadway Easement to allow for the full widening and improvement of said street in return for the construction of curbs, gutters and street pavements. A copy of the Street Frontage Improvement Agreement and Roadway Easement is attached. Said street improvements will be constructed in conjunction with the City's Capital Improvement Project for the improvement of Vineyard Avenue from Base Line Road to Carnelian Street. RECOMMEMDATICI It is remnnended that Cit' Council adopt the attached resolution approving the Street Frontage Improvement Agreement between Mrs. Clara Sundlini and the City of Rancho Cucaaonrs. (, GRe ectfully bmittr / L9H. H:bg1 Actaehments 'Z() MCI FRWAZ Igt011t[R A+'i[13hT This 4.00.4.4 It yet W at'" Ito this a Ila by W m day sthici al ccs .ala tMh Citr of tanmo [ut (,, so nla.to 4 O . mtga, h . .Ipy (Mrelhhrta nlerrpe to 1 . «n•) ahetish Mute, •) Iv LO 1mb14«m eI tMalh e lit laretnats 1K1.elq, h.l mt ifhlta 4 c.as. "ism. ae htnat Iama4 hlap . Ia-tlm A. eI rlhtYan An 1r the City es [ "the "'lo1 o . tKbh (ll CITY ha Irghrte elan ah, atKl llcatims r>. ae yaatly tmtrgl4f sht 1"1.1101" es. Milt, Ignrmah his" ah1W Aaam hm IAfe Cln tf.e to Carmlta tttat (tM wl W Artyt taCmttnttlm Ire2Kt• Asrefa ftn Is this or a s 1. (1f2 lttq pM at tM.1e nhi 4 1 Ine.rtY. 14alllte a to rwJ1" Com Afsnsen " y, 20il- 921 -07. rra;lq flosYW A,1. . W r M Will if +a4d tar p, thrifts too altth[ta .IOw119 W (111) 0.l[i 4slnt for 0.m "[Aaia Ia tm 'lot a ma , f a ticale. OW to .1tf to b 1a.1lee Ih httea to .ley th l4mt. (a•) CITY 1 01.1140 to rwh ltry t toss "latlg araet to 1 eltleste .I14 IKl.efg Ia411ttm 0 •F .a is Iasmts. prht. 9.ttM shot rovV Apl, It0[rllt(, It Is 40✓asd by ae httoaah City w MW a fells: I• Cltl'"ll 1K1.4 the ""Y+e 1.u" 2grerhbt• I1mt1 t1. "ty Irm••tY It a OM el tM teatr.ttly .1 W tKaftKtlm q assists W tos.1l taws 4m IIgY✓A A.tx1h .tterean .14 , in. Iq•'amnts 4 he thaw, 4 s Ilan W slKlllcatlys ton /or, CI dim 0.11 lira Wt ;At I11.1t, City the tmatr.t«m. 10- tat Ktwytlq yW9efw. "Cr IKiwe .1l 01 tM thnny InetnY /rmtlq f1gYW Ara.a a 4ihlme 41Ylvh A (111. S. lh,,s aos .. tMt a to V. to as CI" Iar Wily uq nlhtae att'" liy0 flmlu Afuhy " h" Ih the m i40h1 eas[rfetlm W 4u•140. 4sh1 ha Lamilimse 1r3 WOOL is 7. Will ST.$ to nett to city. Its elacltl gf1clals. officers. a".is. agla>Ms pot caatractorl 'm rights of Int" 4tl/n immoral, mntttcuos ...Manes N are ase s.cmar> by em•a city Esplean to .., the cmmletla at Me yleayp, lmn, taMostrvctles "act. a. This Stressless Wll of ay.rfeJ by W asahvN Is a.wdasce .10 the shot 0 lM State of callf.16. .. Is the neat Ny into Drace.dtp It I..It se to offers, ofy ten Y pa'p'a a this Ap.fant, the Pre011iq Tart, le said Total pnc.dth, .alt a mttltled to ,carer attorays Ina aM tests fans this ather Tarty is ae acm,t 4cemad by 0 court to as r.aan.lo. d. This Apre,®t It total" .pan ad .alt near, to tM won't[ of the Pont. Mme aN their helrt. lacotore, abl.lvatan, .act.apn or assort I IMM, the tassels r.m'ir. w adelts. a. fail aar.maet Meentoes 0, esd all slm, an.am.tt. hMthn sal n Is wltlag, battles W Persm tI!h mast l the mO7Kt attn \ .f. Each party to sets otMrois t .tasladpes that se r.rttnt.Iae h, N >.rtr those If sbadln even W My atw aneeaest, atataalt n pran. . tataaed to this Aynant shell So .slid for eladlep. My pdwcat of 011 kMsaet shall he Nf.th1 sly If It l is witlot'pad h/ all o. she Para 1., Mnl. 111 aI1hESS aM UWI tW Partin hems' h...leata .it Aneofmtt as the day ab >.r first Staff trills. i y nn rhos" am CITY a WOO CaKNRPa. CLAN SAgaN7 dEIIP414. I ante", teraraltN Ty .�.�a Is Ya 4 1n A N AMST, Slalom AS To mall Sys. —�nc.i �LIFj�flia..y uv Clare 4! STA1L OF Mir01YIA COWM Or SAM ynl 5j Wnn c, wnana > uwrr S Aq rE>OC> A. NJMt[r wrrarlly olo. to m to W ter ltl r o.0 city (Inr rn^tl.oly. yr tW (In OF .AOIa 0XVr]K4. G[Ir011vIr, a . iclp.i CCnYVOtlw, W to W the "n" ,M ll C tvd tM Ital. I.tV Wnt p ,.flail 0I n10 MICI0.1 :Aw /at1w, btl KtlA1WpJ to i.. "It 1.4 "Itlwl tprpyoil. CObb'J It. vin-_-s w w[t0 W WFIC[tt SM. rocir> gn'Sr .rj � '— S>.1rI IF MIr00fIA 1 cpAn W SM llok I.01 ae. al 01. F7"Tr ;7—au. or n ... /r _ Wry,. ter .wnTiTi vy lac w•rwTy W. wrlau > o n to eroaoa t. r ot se. S, Wnit o. rats. /aete•y t. W too C�nrawtu rrJ11 S. c11� fumy to too .IUn I.os.Wns W IN x,4.i m�'vrRL lturuu,TdlT crlcu rut � n t>IRt IK. OOtlKVI Is [[ WED n A (O>Ottum 1 rmrmlSllir. M MCI[ �IOCIPFWT 7r=�_ IS .0( ACIIr1A4 [. A m.WUfiONNI�➢IV aan?[[tm[R lnmww. R.3 LVlhEY*ARD AVENUE RECOV319=0e; etmA:to aapmnnn Qty of Penchi auanemp erxp uooeam eta n City of Rancho C»onla P.0 Boa Sgt Rancho Cocancoop, CA 917" napawnTta aparoa eacarmtna __ EASEMENT FOR A VALUABLE COMIDERATION, romp of which is herby acamwYd4ed. ORANTM to the Co, of Raaebo CLnmoaK a hloadpal Carpora0oq an EASEMENT foe Stmt and mated p `poses b%oneanduponthucH twpapntylnthe Qryof Rancbocu=WAp,COGMafs=BnnWlm.sy ,f CLIP vita, DocrPond as PeOon: That portion of the vest 163.99 feet of 'he North 108.39 felt of the vest 1/2 of Lot 9, atcordlrp to NO of Subdivision 'C', CUCNX094 Vineyard Tract, as per plat recorded In Boot 21 of Nys, page 67. AKOr4S of Said county, within the following rectangular shaped strip of land described as follows: Beginning at the Southwesterly corner of Said Lot; thence Northerly along the Westerly line of said Lot a dlstarce of 108.10 feet, said Wasttrl It" also being the Easterly line of Vineyard Avenue. 40 feet wt4e; thence Easterly alongy the Ibrtherly line of Said Lot a distance of 13 feet, thence southerly in a dtract tine to a point In the Southerly line of Said tot a distance Of 108.44 feet. thence r Westerly along the Southerly Ilia of Slid wt a distance of 13 feet to the point of begtitring. Eablbit A Is attached hereto end nade a part hereof by this reference. • C • •y,; n1 Dead - /r6 ORNNIUL ACNa WL[DOYNHT //�t���� & ' /�y any oaf, n`M,a9� Bern a{LallI,lo- j? Onwana/1' /Gra ^ a tyfdnbbn ere, •' 1 u t2gM1a.St+T&✓atAV.1•rna ^ ' .ee ah0wavwd Natwv AAet oeramav av"wea ti yreO"hft.erome XCohw.eaevan me awaawntHta.r..HNNe ; r'„U line lnereea ho "wnN1 1iTHStcnaatow X17; Oiilt]AI. itAL •niwewWwn*t ww.Laew09rduw eMgh. et tl ANwiNAAg A /n /�Jl nl he'taMLa�IKaY /MM� T.91•'Q1 ,u �,INO[mlil //1��A fA.(l�(/t /�� •Pi�r/a �l. 1 nu to A appAt anwrtamntnt. e[.we ma nova +cteprsapctuar, sa. eAaTapnv, EXHIBIT ^A ^ — - -- - - - VINEYARD ^ AVENUE 208. 392.01 b W 203 - 392.02 om ^ N e w = 0 208 392.03 ° b o _ y 208 $92.09 ° N ^ N m ° N 203.392c3 AV" A AVE ^ 1 Q i r-O OEOICATEO PORTION I F RIONT- 0R -WAY AREA I 1�y 0.032 • ACRE a _CUCA- jn. state /' fo0' C. T OF RANCHO CUCA�gONGA TITLE RrBNT•OF•pUn osEs TION FOR O"CUIE3 RURP09E8 PORZ OF 3TR,s • A CUCAGE 7q V6yEYANO TRAC .1.0T 8, 31 MAPS. PAGE Q. THE CITY OR RAUC OK 21 �Ap T CA N0HD4Y COUNTY OF SAN h'0 CU. 1 \ 11 • 08.03 BGJNAPOfNOY CA � C ITY OF STAFF R .Pmc$0 CUCAhIOIVGA REPORT I DATE: Februar Y T0; S. 1986 City Council and City Manager- BY. FROM; Lloyd 8. ,,ubbs. City Engineer SUBJECT; Richard ise of Associate Civil CngineeM rancho Cuca�9a and Chris Frontage Lion Agreement e L. Steiger The above subJect Btseiger provided fTu thetw'deningland agreement etween Base Lin t agreement was to receiver Avenue. which its now ��Plelethe In a 6othMays,a d Payment of s6,000 Dance with the Turner Avenue andyBase s well towards the Said Line Road. an easement f6corderaswoffic easement has he between the City of lout City and Mr, . southwest corner of terms of t above subject for tet rot roadway Purpose walls, ,000.00 as and the Cit recorded Poses along e a an RECOifEMpAilOMa� ant in full me atiove me received mandnclearnarafcheCOunt It f "Prove toed Provementstl k for authorizl re n9 theed that City Counci behalf of Christi Respectful, 1n the o flee Lof the Steiger an and ^�o direct thetCft of R leaseeopesolu� ton yY s�4 Lien- on e dent County Recorder. erk to record said LBM; Attachments 4G RECORDING REQUESTED By AND WHEN RECORDED MAIL TO CITY CLERIC CITY OF RANCHO CUCAMONGA P. 0. BOX B07 RANCHO CUCAMONGA, CALIFORNIA 91730 NOTICE OF RELEASE OF LIEN Let ROSS a be given that the City of Rancho Cuoee0A9a hereby release it lien which It had causal to be recorded on the Sind hoelnafter are fully described. said lien bavlr,g been Placed thereon by the ecording of a centrant between the City of Rancho Cucamonga and Christine L Steiger, Adainiltratrix WVA, dated September 19, 1965 and recorded October 21, 1985 ee Document No. 85- 260I7B Recorded In Official Records, San Bernardino County. State of California The description Of the land is as follows: The East four - tenths of the Aorth ono half of Lot S. In Section 2, Township l South. Rang; 7 Nest, San Bernardino Base and Meridian, according to map of Cucamonga Lands, recorded In Boot a Of Maps, Page 9, records of said County, Site earth one -half of said lot being described as follows: Beginning at the Intersection of the South line of Base Line Street and Vest line of Turner Avenue; thence West to the Northwest corner of said lot; thence South along sold Vest line to thm Northwest corner of land belonging to Bipollte Sanchez; thence East Hong the North line of sold Sanchez land to the West line if Turner Avenue; thence earth to the point of beginning Exception therefrom the Southerly 300 feet AS conveyed to Tnaapson Associa]es Development Corporation, by deed recorded Ap•11 25. 1977 In DOOR 9161. Page 105. Official Records CITY OF RANCHO CUCAMOM6.% r -, I:C ;jtA. a municipal corporation BY: On Kikels. MayFr STATE OF CALIFORNIA ) COUNTY OF SAN BERNLRPINO ) ss On ,19 ,befors at, the un ors gne , a Noliry Pub c in and for said State, Persa - ally appeared Jon D. Mlteas, known is no to bf the Mayor of in* City of Rance, Cucamonga, CaIlf.r" a, a munitlpal car -b rat l., that eaecutad the within Instrument, toown to a to be the P arson ho executed the within Instrument, an behalf of said euntciDaI corporation, therein Rued, and acknowledged to no that .uch municiPal corporation executed the seat n A my an an a a ee c Ts te� A / n arY V C n an nr 11 •a ,f �,i� RESOLUTION NO. E82 65 ::: d G — 0 S A RESOLUTION 0' THE CITY COUBCIL U ,14E CITY OF RANCHO CUCMAONGA, CALIFORNIA, RELEASING A STREET FRONTAGE CONSTRUCTION LIEN AGREEMENT BETWEEN CHRISTINE L. STIEGER AND THE CITY OF RANCHO CUCAM.4GA WHEREAS, the City Council of the City of Rancho Cuc zonga approved and adopted Resolution No. 85 -268 accepting the Street Frontage Construction Lien Agreement between Christine L. Steiger and th- City of Rancho Cucamonga; and recorded WHEREAS, Official RecordStreet of SannBernardino County, State of California; and WHEREAS, all conditions in accordance with the terms of said Street Frontage Construction Lien Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED, that the City Counci: of the City of Ranr�, .ucamonga does hereby release said Street Frontage Lien Agreement and authorize the Mayor to execute a 'Notice of Release of L +en•, and that the City Clerk shall cause said Release of Lien to be recorded in the office of the County Re:order of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: .8 an a 7s- ayR or CITY OF RANCHO CUCAMONGA C CAAAr0, STAFF REPORT �.J'�' '�, DATE: ^ February 5, 1986 C 0 A TO: r Z City Council and City Manager �L_ > rvn IFROM: Lloyd B. Hubbs, City Engineer BY: Dave Blevins, Maintenance Superintentent I SUBJECT: Carnelian Beaut'fication Project Due to additional concrete work at Bery Park, not originally includes within the scope of the contact and an increase in contract quantities for sidewalk and stamped concrete anon the minor aijustment of field quantities over the original engineer's estimate, the final cost of the Project will exceed the original authorized expenditure by approximately $16,500.00 We have attached a copy of the Contract Change Order Memorandum and Contrat Change Orders 1 through 6 for your reference. RECOMMENDATION: It is recommended that the City Council approve an additional 516,500.00 for completion of the Carnelian Beautification Project. Additional monies to come out of the Beautiflcaticn Fund. Respectfully smn tted, LBH:08:BC Attachments A9 C CITY OF RANCHO CUCAMONGA CONTRACT CHANGE ORDER NO. 6 CONTRACT, NO. PROJECT: Carnelian Beautification SHEET OF SHEETS am hereby directed to make the herein described rhags from the plans and spec Iflwtltas do the fol lowing ti2scrlbed wit not inclueel to the plans and spaiffcatlors on this contract. Segregate between adlltional worst at contra-t. price, ageed price and farce arnart. Unless OUwAse stated rates for rental of eq ip;ent cove' only sudr tire and egiipa I nt is actually d and no allowvoe will be nude for We time. Change rc Nested by: In a.coruan e with Section the tandard cat onK the fol ]Mng sion5 1. Increase in Contract at Force Account A. On Carnelian, STA 27400 to STA 14 00 clear and grubb and plant adoitional parkway as directed in the field by the Engineer. Force Account per Section 3 -3.2.2 to 3 -3 2.4 of the Standard Spe- ifications. CCO 6 -IA Estimate of Increase at Force Account - $5,060.00 Estimated Cost: Decrease S or Increase S 5.000.00 y Masan of MIS 0,'&i the twe of cet11 an M be aiumted as fo ": , r Suomltted: Asst. Res. Engr Approved: Resident Engineer n'r'by agree. If this povsal is approved, that we will provide all egilp.mt, famish all materials, euFpt as may alle�Mse be noted above, and perform all so-vices necessary for the wdc above specified, ant will accept as full paInent theefor the prices shoal above. CAccepted, Date / -1 f - A Contractor _:%f*tiw .Co Ae'l,' / r-. By- �� /'� Title e IT the contractor does not sign acceptance of this-01 ,h s attest Mons directed to the regiments of the Specifications 4; to proceeding with the Ordered work and filing a written potest within the time therein specified. ": 3 0 C CITY OF RANCHO C U C A M 0 N G A CONTRACT CHANGE ORDER N0. 5 CONTRACT. NO. PROJECT: Carnelian Beautitrc •son Pro.fect SIIE_R 1 OF 1 SHEETS TO! a.w4.w4. ,._.._.__ . do the not trcludad in tie ire tea+zen additional wok at mntrst price. agreed bthavise stated, rates for rental of Cgripmt cover at is actually used and no all ware will be mode far an Ws and face amount. such time and tine. I. I.Crease in CrntUE at Anreed Price: A. Place additional stamped concrete and repair damaged P.0 C. deflector on the East side of Carne'i;n. South of La vine, as directed in the field by the Enginner. Item 5 -IA Add stamped concrete L P.C.C. Def., $2000.00 L.S. $2000.00 Estimate of Increase aL Agreed Price - $2,000.00 Estimated Cost: Decrease f or increase f 21000 Co i j reason of th 5 t .. cmp et On w be us as o ow5: Submitiad: Asst Res. Engr. Approvel: Resident Engineer icy a7m. If this poposaI —is all noterials, eapt a< my othen for the work above spe:ified. and i Accepted,i0ate / — Z /— ';*C. vvpi, that we will prwida all egad be not<d above, and perform al l ser abcpt as full Pkv.MM therefor the Tit I to the reWina.m, s of the spbcificatlans as to proceeding with�the wrt and filing a written potent within the ttie therein specified. 3/ furnish comes sery s shn.nn dme. C CITY OF RANCHO C U C A H 0 N G A CONTRACT CHANGE ORDER N0, 4 CONTRACT. HO. 6107 FROdECT: Carnelian Beautification TO: Artistic landscape and Engineering, Inc MEET LOFL_SH You arp d to 011kl 11 PC!' Edntral 11 , P di the following deSPlbd •alt rtrcin oesctotd Fations ROTE: THIS CHANGE ORDER IS N07 EnFrE T1IVe UNTial pp APPROVED THE spec, I IegWttm >qK to I taNO estimate 0 Segt:gate tX!lol addltltxwI Trull at QLnc�tcles, am frtces to ce patd . thless otherwise toted, rafts fP xntraR prix, agree price and force armlet, ewipnytt 1s actually uzd and n0 all Chan of apt :petit dose only such trim and Chance reouested to arirn will ;,e cttdt fP idle tine. C I. Increase In Contract Quantities a[ Arreed Price; A. Cradling B. Provide and install p.c . parkway treatment east and war• sides of Caryl Street, adjacent Beryl Park C.C.0 4 -IA Grading C C•0.4 -IB p c c parkway treatment. 2800 s f p $T 00 /s f j$—a9 8 6 6 00.00 Estimated Cost: Oecrease S Y realm is tme or Increase S,_4386�_ cop etim to ustai az .o oa: Supnftted Asst. Res. Engr, py: _ Approved: Resident En ine Date. Engineer by: "e rm rrta+.-sigrk on,ractar ve gimme tareru Date: /_Z2- Bo h3mi• egrne. If this proposal IS approved, that' atim to trc _ I all ru[erlals, except as mly di "m"e tc we will p�O,td� all tyalpmnt, furnish fir tM ia71t dpOm Sp4:lfld, and MITI noted above, and W fete all Services necessary LBy._�� Contractor �°a' ahop emitr Title Est dl stet no sigh acceptance or is nelta'1 t0 the rewirmelts of the Spec Hieatforis az to is accent m tat grid filing a mitten pretest within tip tide�Ing with the 'ern Specified. F 3 3 C CITY OF RANCif0 CUCANONGA CONTRACT CHANGE ORDER N0. ; PROJECT: Oaseline Deautiflcatirn CONTRACT. N0. 21 46= ArtrsU c tandscaPO G Engi nears ng, ainc ont rac t) TO SHEET -i 0; You are IM f DI lowing wing d-d t0 aeze the ttaretn pe5p•tp� r4a ttr p a1's de SpXlf C or dJ the foltORD 4.Sit+ed wit not trc1� fn this 1 NOTE: THIS CHANGE ORDER [5 ff07 EFFECTIVE UNTIL APPROVED BY THE Ethis P arts and APPROVED m this 0��sPCttn additlanal• ezttsste o oe cone Segregate be Iqd( at contract Price, agreed end prices to wta. Ihlesz oUS3svfse stated, rates for rental of er- sip;�t �1� � f� ate• epulpTttc is actually used aM m alto.arl� Mll 4 rssdd for die tt,e,ttre and Change requested by 5 1. Increase in Contract Quantl Clef of Agreed Price: A. Provide and Install P C.C. sidewalk 0 Grading along the west Side of Alta Cuasta from Base Line Cc Caile Del Prado CCC DC.0.3 -tA P.a.c. Sidewalk, 790 s.f. @ 61 84/s. f. 3'I8 grading 4 hours labor @ 527 12 1hr S 149.x._ 3.1� 10 Estimated Cost: Decrease S m u arner• ttce or carp etlm wi ayust as in or Increase S 1601 Se Submitted Asst. Res. Engr Approved: Resident Engineer h0neby c4mfu mail 15 OSa[Im t0 tai - -- all maters, If this I Is approved, d, noted will Provide all equip,�tt furnish for the wk above specified, and will accept as full' and p3•faa all sevfss r syr.3, e� Dat T� -)' 8(, �d en fQ sha+n above. Ednirdt C0y�n�iK ff-i� 1�` Title osntracta• aces no stgt acaytance o 1htctel to the 1 IS Oro-,' ns a[ten reW rercnts of the specifications as � ttm Is 1rderiN 10* and filing a Written potcst within the tine tf�,specified. the 33 C CITY OF RANCHO CUCAN0.3A CONTRACT CHANGE ORDER NO. 2 CONTRACT. NO. 21- 4647 -8047 PPOJECT: Carnellan Beautification SHEET I OF 1 SHEETS ray,. 'h or do the following described wk not included in the plans and specifications on this contract. bet wean additional work at contract price, agreed price and fare account. erwise stated, rates for rental of eWipmt cove" only such time and is actually used and no allowance will be made for idle time. 1. increase In Contract Quantities at Agreed Price: A. Remove 87' of asphalt curb and replace with matching concrete curb and gutter. C.C.O. 2-IA Item, Hew P.C.C. Curb b Gutter, 87 L.F. 0 524.00 • $2088.00 Estimated Cost: Decrease S or Increase Submitted: Asst. Res. Engr, by: .Oct,..-L Date:-M--S' Approved: Resident Engineer by:_ ?%%'f J � _ _ Date:-4=j the uniTsigned ooncractor have given careful consideration to the change- oroposed and hereby agree. If this proposal Is approved, that we will pov1& all dWipent, furnish all materials, Wept as my otherwise be noted above, and perform all services necessary for the wit above specified, and will accept as full payimt therefor the prigs shoo above. Attepte Date %% S fi Contractor xi. /y`<c �'7- <-�-•..�.1a� By: Ol �%c.(l.�a._, Title CcX it 11e "Wntractor does not-sign acceptance of this order,hiS attention is ditcc to the require ms of the speciffcations as W prvoarfing with the r ordered West aid filing a Written protest with -i the time therein specified. .3Y _ f CITY OF RANCHO C U C A M 0 N G A \ CONTRACT CHANGE ORO£R N0. 1 CONTRACT. NO. 21- 4647 -8146 PROJECT: Carnelian Beautification SHEET OF SIIEETS Tn. aw,,.n �...._..____ _ or do not inclured in the this ice ceoeen additional nark et contract price, agreed Rice and force a=unt. otherwise stated, rates for rental of epiipn3d cover only such tire and nt is actually used and no allwance will be made for Idle tire. A A... 1. Increase in Contract Quantities at Contract Unit Price A. Additional Sidewalk at: - Southeast corner Carnelian and Lomita, 65 S.F. Remove and Replace Sidewalk at: - Northeast corner Carnelian and Lemon, 23 x 4 • 92 S.F. 12 x 4 • 48 S.F. t Fill Gap Between Sidewalk and Nall at: - Northeast corner Carnelian and Lemon 190 x 1.5 • 285 S.F. - Southeast corner Carnelian and Avalon 20 x 4' and 28.5 x 4' • 194 S.F. - Southwest corner Carnelian and Monte Vista 17 x 4' - 68 S.F., Radius Area • 45 S.F. Additional Landscaping at: Southeast corner Carnelian & Avalon O. Provide and Install 15 gallon trees Including staking and de_p root barrier, 2 Ea. Northeast corner Carnelian & Lemon C. Provide and Install 24• box trees with guying & deep root barriers, 6 Ea. D. Provide and Install 1 Gallon Shrubs, 6 Ea. E. Provide and Install 5 Gallon Shrubs, 23 Ea. C C.O. 1 -IA C.C.O. 1 -1B item 02, P.0 C. Sidewalk, 797 S.F. @ $1,72. Item 09, 15 Gallong Trees, $1370.84 C.C.O 1 -1C 2 Ea. at 138.0@ item 010, 24• Box Trees, 6 Ea. @ $270.00 • f 276.00 C.C.O. 1 -1D C.C.O. Item 0 , 1 Gallon Shrubs, 6 Ea. @ S6.00 • f1620.1'0 f 1 -IE Item 0 , 5 Gallon Shrubs, 23 Ea. B 517.00 36.00 • $ 391.00 Estimated Increase at Contract Unit Price $3417.84 continued... t C� Contract Change Order No. 1 Carnelian Beautification Project Page 2 2. Increase in Contract Quantities at Am eed Price: A. Clearing d Grubbing at a Lump Sum Concrete Areas 2 Landscape Area 8 Provide and install Irrigation at a Lump Sum C. Provide soil preparation d fine grading at a Lump Sum D. Provide and Install Ground Cover at a Lump Sum E. Provide 60 day maintenance at a Lump Sum C.C.P. 1 -2A1 Item 11, Clearing and Grubbing - Sidewalks S 678.00 C.C.O. 1 -2A2 C.C.O OZ-28 Item O1, iten i6, Clearing and Grubbing - Landscaping Irrigation S75ro-No— - C.C.O., -2C Item V. Soil Prep. 6 Fine Grade S 105S.00 S—O C.C.OU.2 -2D Item d0, Addendum 1, Ground Cover S 24FT0 C.C.0.12 --2E Item M. Addendum 2, 60 Day Maintenance Estimate of Increase at Agreed Price S C, 3230.00 Estimated Cost: Decrease S or Increase S.611184 By reason of this order ue t m p et on be usted as o ans: C Submitted: Asst. Res. Engr. Approved: Resident Engineer MY agree. If this proposal is approved, that we will provide all x 0 w arm m3t2-tals, except as may Otherwise be notal above. and �i�• flanlsr the wit above specified, and will axept as full mono all services rcrettna paynnt therefor the pries shad above. ,'-D- at. Ie. /��'�' /- N)' Contractor Artistic Landsca e & En ineerin „_ Title ES �/An��er t i -- �4— directed to the rLgdromts of the as t ", ''"' " ""'s specifications within as to therein with the ordered wk and filing a written protest wiNfn the tLie th3ein sp¢ifled. 34' A ]nb NO%NB-1 a lo M U J U X Z c t z � o • K U ¢ U9 u i u N J = N Z d u � 0 Y N J c LP Z o •�� {• K c � N � V � o . N it o — Z . A ]nb NO%NB-1 IM -�{ '9nv IOW 91 39 0 2 U W J s O LL 2 5 0 Z _O F d F r 2 0 V H 9 O ILI!J � S 11 h u C N W O FA a a � I 0 o � o a I `- s a � a 1 Z � = d CL d u 0 F W ti u Z i -1 ^. f — T i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician A Z t > im I SUBJECT: Approval of Tract Map, Improvement Agreement and Improvement Security for Tract No. 11626 located on the north side of Almond Street at Beryl Street submitted by John N. Metz, Incorporated Tentative Tract No. 11626 was approved by the Planning Commission on July 21, 1983, for tho division of 86.49 acres into 83 lots in the V L Development District located on the north side of Almond Street at Beryl Street. The Developer, John W. Metz, Incorporated, is submitting an agreement and security to guarantee the construction cf the off -site improvements In the following amounts: Faithful Performance Bond: $663,000.00 Labor and Material Bori: $331,500.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.L. b 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. 11626, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. H�tfull sub tcted, -- LBH .de Attachments .39 CITY OF RANCHO CUCAMONGA IMPROTEMENT AGREEMENT FOR TMCT 111636 KNOW ALL MEN ET ThESE PRESENTS That this a�reesent Is Node and entered Into. In conformance with the provis ons of the Subdivision NOD Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a eunlclP11 corporation, by and between Said City, herelnafter referred to the at City, and )OHM W. MO t, INC heroine :er reterre o o e e.e oper. WITRESSEtm, THAT, WHEREAS said Do.oloDer desires to de veto0 cartel. sell Droptrty In u10 �Ity al thorn do rho conditiods"Iy aggr... d fVbd1•If ion Inovn at TIAR 111636 _1 and WHEREAS, said City has established certain rtqutreeents to be at by said Developer at prerequisite to approval of id a Subdivision generally looted at trio llort 01 Almond, West oti —Cyrvl NOW, THEREFORE, It is hereby agreed by said City .md by said Covelo... as follows: I The Of-elope, hereby agrees to construct at Dove loDer f uDense all Improvements described an gage 6 hart. of within t.:;'@ months from the effeetiro date hereof. 3 This agreement 'hall be affocttve on the date of the rosolvticn of the Council of veld City approving this Agreement This agreement shall be 'n default on the day follon- Ing the first anniversary dett of said approval e.1 an saNn- slcn of Ilse has been granted by Said City 11 herelnafter I ... Id. to S. The Osvtloper may request an extension of t'me to chepCitt the terms hereof Such request Shall be submitted to In I'll Ostateemento da"C hereof,writing nd hill cdntalnn A of LclraueSt etas nocessiteting the extension of time The City shall have the right to review the provislons of this agrtuent, Includl IN construction •Sandards, cost ertlsate, and tmprovement secvri try and to require adjustments therein If any substcnt. +l change has occurred during the term hereof ) If the JtrelaPer falls or neglects to cceply with the provisions of this a jr tenant, the City shall have the rigqht It any time to Close said provisions to be set by any law /pt elan +. and thereupon recover /rom Lhe Developer and /or his Surety the full tort and uptnu Incurred S. The Developer shall pre•1de motored water service to each to t of saki development it accordance with the regulations, oche dui H. and fees Of the Cucamonga County Water 011triol relocation, or The Developer Ivey Iclomponent responsible lanY Irrigationtwstar S item In conflict with construction of repo trod Improvements Sys to Satfir action of the City Engineer and the evner or such water t)it em .I. 3 T %ss q1 ('" �� Tracts and COW Ind. P.M. I taProvements required to be Constructed the 11 conform to the Standard brarings and Standard Specifications Of the City, and to the Improvement plan approved by and on file In the office of the City Inglnter Sold Improveme9tt are tabulated 04 the Can{tf9ctlon and bend Cstleste, hereby Incorporated an Bell 6 hereof, AS taken from the Improvement plans listed therece y number The Dm toper Sit tic" a11O be retpantlble for conrtruc- loan of may transitions or other incidental work beyond the tract error alas is needed far safety and proper surface drainage Profs or Omnitslant discovered dur l"q canttructin tAA 1I be care*' .Pon the direction of the City Engineer bvlsd .ark deg to eald Pis" "odlflcatunt mall be covered by the provisions of thII agreement And secured by ue surety covering the original pinnad .orks 6 CCntrYCtlon Permit$ %hail be obtained by the Developer from the office of the City Engineer prior to @tart of works All reCulltlOnt listed lreretln %hill be observed, with otent ton given tr safety prOOedures, control of dust, not %e, or OIMr nYis ante to the area, and t* Proper notification Of public otlfitles And Clty Departments failure to comply with this section shall be subject to the Penalties provided therefor aft 'Cos' 0 otheDeveloper durt l From Pubic responsible rgat.ofary • thin or adjoining sold dove lu p +ant resulting from cart relative to said development 10. Pore done within u1R 1nP $treett %hats be diligently pursued IO ermpletlo al lh9 City $halt here the right to cc It, any +ad all Hart tm the *.ant of ..justified delay In c0aple Nan, and to r@Cpver At l Cos: and eapense Incurred era. the DevelOPtf and /Or his contractor by any lawful mans 11 Said Developer $hall at all times following dedlq- ttam of the Streets and easements In laid subldlelslpn, up to the COPP tat ion And adept ARCO of $old -0 'k or Improvement by &a lit Citl Cauncl t, 9110 good and adequate warning to the trasellnyy Public Of each and every dangerous condition ,i,teat to sat d street or @Hame.t, and will protect the lr sating Publle from Such defective or dangerous condlti:nt Until the caeplellon Of sit Improve"ents, herein lncrrPO..led on fag@ 6 , to be performed, each of said Streets not accept** As Improvements $4411 be under the charge of sold Developer Sold conditions a street subec to the onscontained In ar temporary Street yclosure permit, Issued by the City In plater, whenever it Is necessary to Pro@gct the public during tha Construction of the improvement herein Agreed to be .ado It partway lest% required to be Pilled shall be Planted by the DelaloPor after other I"Pfotemart •ark, gradfnq And eleanuP has been completed Planting %hall be done as I. I e t dt c e i Plan tag diagram h el y s laD D Dirov tC n sent irc°r The DevelaPer shall be ruprntlble for maintaining All I,... planted 1n good health until the and of the yyuarantaed Saint enor.@ period, or for One year after Planting, whlChser Is later IS The Derelope t rupo..lble for meetlnq all condl- tlont as &aDlfshed b) the CIl) pursuant to the Subdp Islon .2- yz P1 Map Apt, City Ordinates, and this agreement for the deretopeent, and for the ulntenamet of all Improvements constructed thereunder until the borenunl 1s accepted for melaememce by the City, and no Improvement security provided Mralavlth sheil he to to none before such acceptance unless otherwise provided and emthorited by the City Council of the Cltu 14 This agreement so-alt not Ormiiatt until the taint '"an CC guarantee security hereinafter described has beam released by the Mi. or until a nor agrocmeat together with the required improvement security Men saositted to the City by a successor to tht h#,tln no. and by 'as0letice of the City Council and has bad. acct, .e, and this agreement and tko Improvement security therefor hem bleu released Is 'he Imprave.4. security to be furnished by the Developer with this agreement shalt cons-it of the following and shall be in a form acceptable by the City Attorney A To $,core faithful performanco of this agreement 1 A bond or bonds by one or mere duly autborieed corporate sureties In lie perm and Content specified by eerer.ee.t Cod, section 6-1499 1. 7. A+ Impre.e.ent Security Instrument In the fore and content 1POClfled by the City Attorney y A depostt with the City of ,one, o, ne 90 liable bands of ate kind approved for wearing deposits of public scale% I To secure laborers and .aterfalat., 1 A bend Or bonds by ore ar mere duly authorlced corporatt sureties In the fore and content specified by government Code Settle, $6499.1. g An improvement Security Instrument In the fore and content specified by the City Attorney 1. A deposit with City of money or iogotlablo bonds of the kind approved for tecaring C A cash deposit with the City to guarantee payment by the Developer to the englneer or surveyor whose Certificate appears .pan the flail Map for the tettlna of all boundary, lot corner, ani street enter, the mO.u.otttz and for furnishing cetterllnt tie note% to the City. The amount of the depotlt may be any amount certified by the fngfn4er or surveyor as accaotable payment 1s fall; or. If no value is submitted, the cash band staff be as shorn on t6o Construction and Bond Estimate c alai ad herein Said cast deposit mey be refunded at soon AS prgce- dare permits after receipt by the Cit) U the centerline tie notes and written assurance of payment In full from the eogieear ar survey@, 0. The required bonds and the p,l.cipat amounts .hereof are set fo,th an page it Of tjo, agreement. 16 The Developer warrants that the Imeroremspls descrlhtd In this arrduent shall be free fro, defects In liter lass and wortea.ihle Any and all pOrtl@,s of the I..orove- ments found to be defective within one 11) rear fol'owit7 the data 08 %hlch the IaprOvfmeats are attested by Inc 'it y [hall be repaired or replaced by Oe.NO;er free of alt c. nr9aa to the City The Developer shall furnish a meintenancs guarantee security 10 ■ sue ,Cull to ttn parccet (ICI) of the constru:tlan .7. �/3 e,tl.ate ar 1200 00, whichever is yroster, to saute the faithful performance of Developer s obligations as described In this Pars- ?',ph. The malhtvnanc• guarantee security shall step secure the f all hful performance by the Developer of any obltgltiam Of the Developer to do sped if l ad work with respect t0 any parkway maintenance assessment district Once the Improvement, have boon accepted and a maintenance guarantee sawrity hot been accepted by the City, the other Improvement security described In this agreement may be rtle.led Provided that such re loose is otherwise Authorized by the :uadlrlsloM Map Act and any applicable City Ordinance 17 That cat Developer shall tale out and maintain %,,b public liability and 9.01611, damage Insurance at shall protect him and any contractor or subcontractor performing wort covered by this agreement frog claims for property davages which may arise because of the nature of the wall O1 from Operation, Yadsr this agreement, whether such operations be by himself or by any contractor or Subcontractor, or anyone directly or Indirect)) employed by said persons eves though such damages be not caused by the negligence of the Developer or any contractor ar subcontractor or anyone employed by said persons The Public liability and property damage Insurance shall list lime city as addltcnol tnwred and directly protect the City. Its officers, agents and employees. as well as the Developer his contractors and his tubeontrattort, and all Insurance policies Issued hereunder shall so state The minimum amount, of such Insurance shall be as follow,: Contractor'% liability Insurance provialn bodily 10 Jury or death liability limits of not 'mss the $700,000 for each person and $1 000,000 for each accident or n;curreace, and property damage liabil. ity limits of not less this 1 00.000 for each accl. dent or occurrence with an aggregate limit of 9.4,000 for claims which may arise from the 00ere• v Ions of the Developer In the performance of the work Moral, provided Automobile liability Insura,Ct covering all vehicles it'd in the performance of this agreement providing bodily Injurer llalllity limits of not less than 8200,000 for each 961 son and $700,000 for each accident or occurrence, end property dense@ liability limits of not leas in In $$0,000 for each accident or occurrence, with an Aggregate of mot less than $100,000 which may arise from the opera• hone of the Oevetaper or his Contractor In performing tea wart Provided for heroin Is That before the uecutlan of this agreement, the Developer %hall fllo with the City a certificate or Certificate, or lnturence covering the specified Insurance Each such certificate %hall bear an endorsement Precluding the cancellations, or reduction In coverage of any policy evidences by such ce-tlflcate before the eaplratien of tal r if )70) days after the City shall have received notification by registered .all from the insurance Carrier As evldern of understanding the i°ovlslont contained herein, and Of Intent to comply with aa.e the aubdlvlder has tuteltted the following described Improvement security. and has afilled his sign at.,. hereto A/ ia.N._ STATE OF CALIFORNIA is COUNTY OF ORANGE On Iw 10th ar ,--December 7 w ny 19 85 Wfpra = VA uMMK"d a AOUIV RIWC 111 a.Y IW UW SIFW. Pt=41Y apP &W JOHN N. MOTZ aap WSOMPY krom" to me (Or DMM to me M Ina DIM Of Nlulatby avleMUI b a IM arsons wM IxKuttp fM ...•w... �• '• .dw ddfr 11 a ITS presmev and Seaetalr. I i respedneb d me Cgrpaatan meren nAmtO anp uarawteC9e0 W me trot rrr Corttlranon .ur. • ...: co «.: ' , OKWtd n pvspant TO as by4iMS a A reidutm Of ps Warp Of WOO WITAESS ms Mn0 ano OtISW Ry J 1 �M .MOM� -Mr lY- wsr�;MU.4 Nmvy Pube M aM I ys FAITHFUL PERFORMANCE Type•. Ofamlte Improvement• Principal Amount 6 667,000.00 Name and address of surety: MATERIAL AND LAW PAYMENT Type: offoite Improvement, Principal Amount: 6 711.500 00 Name and address of surety CASH DEPOSIT IIONUMENTATION TYPO: Offoite Improvnmenr, Principal Amount f 5.I00 00 Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: Name and address of surety TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF the parties hereto nave caused these presents to be duly eraruted and acknowledged with dl formalities regulrtd bF law en the dates sat forth opposite their tape st caret J i M. XOTi INC r ._ Date 17 /10 /R pl J /.0411101) r qna care An W Hotr, Peu Ldent r n e Date by ,Developer Signature Printed Accepted: City of Rancho Cucamonga, California A MudiCIPai Corporation By: Mayor Attest: City Clerk Approved: DEVELOPER'S SIGNATURE MUST BE NOTARIZED -S- -1/` .. CITT OF RARCIND C(XMD 01 1nlEAt Ell[AOA KXTGPEARIt1YEE Unng for Iaprereeenq S 616 File. Wv,: (0-Z File 4a erp�oa•, ,— 1161 City Ors.l j 0. o, a aoe aced ne, ROTE, DNS mt loctudt current Rrlllof P"It er patualt km to AIIT TI MIT I PRICE ] 025 L.F P.C.C. Cent • lie C.r TO AM7UA — l.F j C.C. � ' only C.F 21' gutter 7 25 11 qd! l.f A.C. O.C.C. curb onil / 5,50' S.F �� 1.75 a 3 F 1• P.C.C. slde.alA Orin 4MMIth IRgusetrlanl I 1.75 i7TES S.I 6• 1 F.C.C. trial gutter E 2.50 E77 C.T Strnt e48.1110, rice curb) 7,10 if`'27 �—t C.7 !alined nbNleent 1.50 fd*�i9f S.F preparation of too ratr 1.50 — 4- .f+a2�2?21 SIT "Shod t5/• ban (per IrcA thld 0 IS to" 6.0. etC U00 tong 4r 0.07 TON A.C.9W la q00 tons) 17.00 TOR A, C. 500 to 900 tons) ]3.00 TON A.C. under 600 tyre) 15.00 1)"a6e S.F A ]a Ski, 0ilre A 6o0�.0y&0 S.F Patch A.C. trench pirorob 17S 1 50 --17 $ F I• thick A.. her ay 17S G• b)ust Ssrar Miami* to O'70 --`j—I EA• M1ust Fear c1eN nut to trade )�;� u: Adlaet Water .A.n to grade street !!that 75•00 -iZ7I' L F lea 03 (,Manes {S00 Mire) 5000`.00 2 a 1• r6d.'od Imado, I.00 l.F IAfmr&I of P,C. curb tt 0.75 t7o l.F AaaoVal a/ A C. bum 7.70 Street dares 1.00 —T-a G. Ref IKtars and posts 200.00 L.F Cancrate bled earl 75.00 S.F pAAmew" a x7• ACD I5.D0 — �laL CCU 7CAAeRC0aknSta AA 70• acv A�B�tOXig0R79.00 Mae t.i up!O t�W00 <]• e.R.v =110 00 --]il L.I. 24• RCP ISgI _.122 lei ARSYCk➢ Ile ACp 15.0) 4 EA. G Y ➢ Ceto Ball. W/ A$knaD 00 �L EA. Catch basin V • 1• drat? 00o➢0t000 00 0 0 �I G. Patch bola Y • ➢• (p•,1VI --b3 Catch bail' V • 22- (17•te ]6•I ISOO.ItI --�- u: !Deli deprmfan 1• q. to 7,1,E •,_,, local depressim 12'(11• to 16 ) 1t70,D0 i`db3 _y G. Junction Structure DD EGA. outlet Structure, Sid *SW. —T EA • mummi mtOS14. 500.00 Tai i F �t Nil I.oadl�°`� dl'"a68eoe LAI l�tl Oc6.0c0 - p;ifOtf- EA. mad-all (le• .In➢) x:00 Z32b"' l.i Redwood heady SIT tandsapl t Irrigation 1.73 l.F. ASII curbip.CC•)q 1 ]IS • 7; QA treat trial I So 1% too 00 N'. _ p 1AISTgeAIRO nrLICT1fAt CASH tr,T SYL TOTAL •AF510sit1q/Dtt1AFA7)CI GW 1 OMATA ION laWASI[) EOIITIRCEACT COSTS (101) q--� --- 1 'tOAIPVRTATiW AIPFfT (CASK) C� ui� CpMTJRl AVCF id, ((100[) > 651:000 a pATEAirE 60'0 (Spfl f.li •oo ' •PeftgNt l0 City of RancSO Cue • Rlit2Eapt [ ln 6Mefalsnlc5 E iCpeaMl CtorOdte, Ttle [ ba ! iOOdeisii SIR Redo prlr o1i8of NP 14d; "1do1IMaiop deposit h �S! Revised 7 /el y7 � pp"It. STATE OF CAUFORMIA 1lj }sa COUNTY O, ORANGE 11 on pds 10th dadot Docombor IA 04 yeu 19 85 Mae me me unaerspned. a Natery WWC m and kr said Suit. persanLlT appeared JOHN 11. MOTZ and cersona y sown to me It, pored to me vl 0;e bas? of mucmry "Xienpl to be me palms wlm "Woo me Mho mstrwr" of I Reudent and Seatllry L V J, ` s respa M". of me CapaatM UWW named and aeenowitaped n me mtt 04 CaponUm v.A "KmeO A tw suutl it AO OTi " a a r. "M a 43 ooald at draitn MTNESS me nand and otlu a ofti xn.t.r a -•e es>< -wm a. rrx� -r n / C�falwmm +c wmen Noury VuOOa in and qr tLO SUit'r y8 FAITNrUL PEDrORNANCE BONG push 11 al da YNEIEAS, the City COUMVI Or the City Pamta, 110.]91.00 State Of CAI (01-11 and 7 a Ron Cuu/onga, (hereinafter design"', rONN Y a= INC agr -mint .hlrtol D....... I 0 C pal I na•e ente,to tat, In Cartel" deflgntfd pup, •C Im a9rnf LO Install and CO /plot( ditto Jr0•Inlntf. which Said 49retnent Dialect _=tact [ $"- - 193. AIJ Identified do aide t pt j7,ana �. I1 ae,t^7 referred to end NERDS. fold Drincipll ti required under the terms of $aid agretnent t0 furnlfh a paid I0r the /al t%fill per /ornan :e a1 tlld agrtemenr "011. TNEREf PRE, •e nhI princlpal and ,.camiaCe CCARORT a Two NLaS Cu surety. are help and fIrl,y bound unto ere ci Cucamonga (here• after cal: el •Clt1I1, e 1 ive of NSI Cno RLT+DUO s11ar "met iNOUBA.. DOIJ.�ag ANp rfa c ?_;;g, su of wnl�� �a.lul m.... a. the ern tea ^OOTry sum •ell and er , Datos ralin,in, O"Ye t heart, luccniarf. exec use ,taer0 aEn 1. ntN to d. pernitet, qmr I ntNlll fbmi7 D/ Ines! or, .is Jollity and Doun doe Condition '1 -'Do], p tnl, 0,,7 gat'*, if sue. that If the aDO re prin 1 1 Or Its hell,• "'Cu"', ad91n1 f erect- -s or as I s, !pall in all things tear.. to and st,ata". and well and trait in, and perform the coven, -n, ".I'll one end pro.,. en la the ,aid agrlfn It and 111 'It•..tlaa .hero Of and DerfaI at tt h lr it toe anU Inif their Oar, to Dt kept Ind all ref plctf aCCOrd1, !O tn* meaner th,.eln too and in than InOennVr and a.v halm, true I.,,•at and meaning. Ind tool., ef, aI therein ess City Its officer(• estate and focpme null Ind f01d othf .lifefoIt shall this land retain in "full fort! and Of /tit. the As acI amountftoeciieldg therelmr, herab Included!cote! and tea spillable ,,IRS,% and feet lac lad ins son eInc actor -e7 s Ref, Incurred by City In Svc cattfully In /o rCin9 tucn Attorney to DI taxed a cotes and incinpoll in any Quo seen! rtndend 111 surety north slloulatef and a9"es that no change• agreement of time alter aticn or Iddittpn to the terms of In agraement or to the •O1k to pe Performed thereunder or the sDe, E. obligations accompanying tie anandsl0 does shall in anywlft affect ll. It UChange, tat ens on Of flee attnryllOn pale -Deis Of any t Cr ere! Of the e9rtee [rt Or t0 the vnrt Or t0 ta! addition t0 ins iPIClficattOn IN YITRESS YNERt01, this last, Ou 1� tatter sec by I9B Principal n and surety a0a•e nam wed, ent nay Oren an Dnep -Dar 0 ��_• JONN Y NC`- I INC Y, I•e opar C'Y.ratY n ,we .c.T ���- ^�•""� n Jr/ Y Nate Pen,de�t Sari ty ri0 't Iry � f 43 —1 ature f' cn, / ,J [tOrneP ln.1 act !LEASE ATTACK P 4EI e-renn e, All, SILAATUR 0 01 ATTORNEY TO ALL BONDS ES MUST BE NOTARIZED �_ y9 INSURANCE CM"AiINY OF THE WEST NOME OFFICE 51N DIEGO CALIFORNIA CCNLed Coy, Of POWER OF ATTCRNEY KNOW ALL E1EN By THESE PRESENTS That the Imutamg Company of Rho West. A Corporation duly authWlFfd and enstmq .no" the live, 01 the State of CalifWma and having Its pplClpal office In the City OI San Oltgc. 41IIWNa. does hereby Mmilite. CWnbtute and law.rt CORDON C. ' :LL 11 Irue AM lawful AtiOmay(s)4n.Fa [ t. With full paveer and AulhOAty hereby Conferred In it, Memo, Place Ind ,told, to uecu4, toll AtknOwledge and do' Wb any and ell bOM, underta kill, rKfgmolnCes Or OMU wrllltn oGigatbM In me NWre IMfbf Th., Power Of AltwNy Is granted and n signed and filled by 11CRlnde under and by the authority of the tone rung ResOluOOn adopted by the Board of DnKtON It Inv IlwraMe Company Pf the West at a m,Ft,Mq duty cited aM held on the Sell day of February. 1911 whRh said Remlutlen Nl not been IrrleMad or 1WRIMed and of wnNh the talloWing N a true, v�ll, and COmDlese COPY "RESOLVED That the Prlddml m SKteWy may from time to time appoint Attornry%4mF'ct to rewasont and act for and On 'RANI' Of the COmpaly, and ether the Ntudant Or Secretary, the Board of DYKt,n W Executive Gonvnlitxe may $I any hmF remove such Altomey"n FICt orb revoke the POVmf of Attorney given him W her, and w It further RESOLVED That the Atiomey.n.fsct may be germ Cuff power to e•xuh to' and In IN runa of and on behalf of the Company Inv a^d all band\ and und"16,M1 as the bWnnl of the Cornball, may rpune, and Idy such bands W uMHNkMP executed by am Such ,lltarney n-Fact 51x0 be AS 0,10,19 upon the Company as d Pghed by it* Presldml AM waled IM attested by the Secretary IN WITNESS WHEREOF Inwrance Company of the West Mal Caused I'S Official CMI to M hereunto 'aired And 'Pose Present, to M 1-9NO by as duly aulhoruK olhten tin 17TH DAY OF SEPTEMBER, 1984, ttrtMty INSURANCE COMPANY OF THE WEST C raM Nv Nesbem -- — STAfEOFCALIFORNIA SS COUNTY OF SAN DIEGO On In, 17T11 DAY OF SEPTENBFa� 1984 Mle/e me WbW.bm, a Notary Public of the State of Caldeenh. In aM fee the County of San Olxeo. du.y tomI ll,llonao and Ouabfad. Came WILLIAM A. WHITE. President of INSURANCE COMPANY OF THE WEST 10 It personally h Ih t0 be Inv InOHlduaf and Officer parutibd in aM WTO executed the wofal -nq Instrument. and be acknsyh. leoged the ox Kutmn of the Mme and Ming by me duly ,Worn, dtPpuN aM Uith, that N IS the said officer of the CoryoNllon 001eAb, Intl 'nit me alai afllaed to the WKeding instF,menl n the COrpoNte Soil of the U1l CWPOIebOT. And vat the Mid Corporate Seal IM his llgNiure As such of11Cm Wort duty affixed and subscribed t0 the Mid InnUument by Ina authority Ind dlrachln Of the M1d CCIM,914h IN WITNESS WHERCOF 1 have hereunto Mt my hand and affixed my Of /lain Seal. al the City Of Son Diego, the ray and yes First above written �%xxAAA%%xw`AMVNMd WCA11Nf VVVwV ` NOR: PoRTER 1 ® t kluK ntaK wvauu *I wLx p'^ uus Notary WW, IIf TPVw 11a fax , ISU STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO 1 the und4fVQNc, Ai,N,d S ,tang, Sacytary of IN Insurance Company O/ NI Wes,, do hMetry eMdy that Ina aM9im1 POWER OF ATTORNEY Of wtllch the forego nn N a full. Irv, mtl [orrKl Copy, N In Tull IWO lM e11KL aM has net bent r",ked. IN WITNESS WHEREOF, I have hereunto,ObKtlbtd my em, AS $ebeliry, and affixed the Corporate Seat Of the EOlparatlM, colt 11badayct DdcOAbor 19 85 MTV ICW fAL 71 (RCV S/37) yacue� SD STATE OF CAUFOANIA COUNTY OF ORANGE U On Ueo 10th pry Do ^embor m tNe yw 19M Mae lu. tb WVMWtW- a NG:M P 's In W-d kw UM SVY. pu7ma0y MweE JOTD: W. MOT2 V4 DueaaT trw to me la rww m"m ow brA a UUeleewy eneeeul to be Ole We wm aeafe0 Mo wmw munfc ss ITS ftwet eno Sm uwy. „� fglWt *. of the CarDa1t4v1 M.M norr I nle ukmw*dm to me I= me Oaravoll 7AT91OA 0 p VWWod N PMUAM b No tyaewe a e R$Sut= W tS tner0 of Mem 14ImtRm1L (:4)GlI twce'»un. WNESS my NA,a W orcv..jw wc.., r..,wyer I4r 10 wtkbm w[ uvrsan NWry PW M W mr t" Stile 57 LABOR AMC NATERIALNEN BOND hand a 12 41 xc WHEREAS, the City Council of TAI o/ Rancho Cucamonga, , State of California. and JOn se YDTBP c (hereinafter designated ' live sn rs a, agreement whereby Principe l 191092 to Install and consists certain designated public im0rovemnts, which said ,grllment, acted ere7 , 198 and Identified as pro Oct TRACT 1116x raby Mrred to and side a part h; ate._ WHEREAS, under the terms of said agreemtrt, pllnttpai Is redo led before entering -000 the perf,rmanee if the tort• to fn.• a good and Sufficient payment bond with the City of Rancho utaft"p' to secure the claim$ to Which relevance Is made In Title .5 (comeenelnq with Sectlon 30821 of 'art a of Division 2 of the C vii Code of the State Of Cal ifd•nia. NOW. 7-111(r.101. said Principal and the undersigned a$ a Cucamonga 2u'9tY, are held firmly bound unto the City of Rancho Cucamonga all ate contrsctors, subcontractors, laborers, mat ter L meh and Other Persons employed In the perforeante of the &fares lid Igralmnt and refereed to in the aforesaid Code of Civil Procedure 11 the sue o/ TRRLL RORORm TTII0.tT ORB TROOSAND yM Dollars ($ 5x1,500 •, for JRDRND salvo f urn s ea or door thereon of any kind, a, for due under the Unemployment 14111,10, Act with respect to such wort 0r labor, that said surety will Day the same In an amount not Nat'l dl A the awo cant Moe '-above set forth, and also In us. suit Is brought upon this bond will pay in addition to the face amount thereof, Costs nd reesonable 1SpnSer and fees. Including reasonable attorney 2 fees, Incurred by City In successfully e1forcln9 su<N Obllgatl0n, to be • +v0e0 and flea] by inn hurt and to be tolcJ n colts and to be Included •n the Judpwr•1 therein ten doled It Is hereby expressly stlDU Lin and agreed that this bond Shall Inure to the benefit of any Bad all persons, companies and COrPor &flans entitled to fete claims under Title 15 (colmenclnq rlth Section 3082) of Part a Gf DORIS on 3 of the CirlI Code, so is to 9110 & right o1 actl0n to then or their ttr Naslgsi In any suit brought upon this bond thisSobligation shall become lothir+lse nulls ndd v old. it shallh ae and remain to fun force and affect Surety hereby and a &said eatenslola of additions taa the terms of - a9raemant or the tptCI,IC&tloRS &CCOeDanylnq the ,,, Shall In any canner affect Its Obligations On this bond. and It does her,. by Alve notice of ,1y suc4 change, extension, alteration or addition IN WITNESS WHEREOF, this '""busted• has been dul executed by the Principal and 10 turety above named. ern Dect r 198 5 , JG)OR R. jMz • INC /Tr - 1 ,1 ",. + =a, -R; ✓ /E s •r rR ttPANT Or TRC KH eve DDGr - 4��•', Yrety o n W. Pots. Praetdan . —J.� •�+� 9nature torney. n• ct WCJn, C. pLLi PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES HUST BE ROTARISED ` mom_ J a� INSURANCE COMPANY OF THE WEST NOME OFFICE SAN DIEGO. CAUFORNIA Camfyo copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the InsufAnCe COMPaAY of the West, a CaroaNbOn duly aulhalted and uNtdnp unoe, the laws of the Slate of Cablarny and haring Its princl0al 'If", sn the CItY of An Diego. pIl101nte, OOK hereby d exiMb, Combtute and appOmi CORDON C. RILL df true and lawful AltomeylO +n Fact. WIM full POyar and auMOIRY he,eby Conlesed In Its hot". Place and stead, to execute. toot. aspyyli age and delr•v any and aft bonds, und"Mngt rKOgnlbnCK a other Mitten Obllgali0m In the nature thereof. This Power of Attorney ,t granted alb N synod and Hawd by fatsimite under end by the luthonly Of IM following slo olutlm adopted by I" Gallia of OuKtars Of the Insurance Company of the Watt at a melting duly filled and held on the Sixth day of February. 1973, "nosh said Raolutiaa Ms not been amended Oe lelGlnded and of Which the following It a true, full, aM OomolKe COPY 'RESOLVED That Me Reudenl Or Secra "y mey from time to time aPaomt AftaneyWA.Fact to rtdaent and act for and 00 behalf of the Comoady, and other the President Ce See,e,arry. in* Board of Direction or ExKullre Comrttlttxe may at aM time remove tuth Attomryt.n Fact and feyORe the FOwer of Attorney love, him p her and be it Further 'RESOLVED Thal the Attorney m fact may be 9A,tn full Pa"I to execute for and m the nary of and on behalf of the Company any and all bonds and uAde,bumg% as the wunm of the Company may Itil e,iE army such bands Or o.dvtakm7S executed by any Such Attorneyui.Faat small be a binding upon Me Company of d signed by the Resident and tooled and aUated by the Secretary M WITNESS WHEREOF InWNnce Company of the West has caused Its ofbcyl seal la M hereunto affixed and these praenls to the bghed by -it ally aulnaued ofbcm this 17TH DAY OF SEPTEMBER, 1984 NINSURANCE COMPANY OF THE WEST ReeWem STATE OF CALIFORNIA SS COUNTY OF SAN DIEGO On M 17TH DAY OF SEPTEMBER, 1984 San Dipo, duty CommltslCMd and qualified. eca.* WILLIAM A Notary WHITE. President of State INSURANCE COMP NY OF THE WEST to me PIMONIIY MnOwn to be the individual and officer described m end Mid executed the Preceding Instrou ANY and H ac EST ltd"J tee execution of ine tome, and being by me duly IwEm, depatah and Fish. that he Is IM said 011lar of the he lck ooh afo,a4d. an1 that the toel affixed to the p,,,xoAg Instrument is the CorpOgto Seal of lee slid CwPantloo, and that the told CCICOeate Seat and hn PQMlure as Such office, ",a duty affixed and subscribed to the sold Insitument by the authority and drection of the wd Corporation. IN WITNESS WHEREOF, 1 have hrWnto tot my nand and afflxed my Of?""' Sal, It the City of San Diego, Me day and Year fins above WITNESS W arrepytl,.A NORMA PORTER 4- tauatRlR¢ faurWau�i12Lct/ k7.fl(�ib� Aan+a.y.t.biyrlarw gr Coenxer till ter E IYI NOUry wdiP STATE OF CALIFORNIA COUNTV OF SAN DIEGO SS I the undersigned. Richard S. King. Secretary of the InWr ice Company of ine West, do hereby CadifY that ine orlglnsl p0•VER OF ATTORNEY of which the fare9omg is a full. tee and correct Copy, Is In lull FCrCe end affect and has not been PW Origin Ifl WITNESS Wh2REOF, t hart hertunValtrlbtd my Nmt a Secretary• and affixed the Cor001410 Seal of the Corporation, In llI. day of DOCkitur 19 Uo tparary �� •� etary ICY7FAL37(REV 5/83) S.3 . STATE Of CALIFORNIA COUNTY or ORANGE Cl a AL (/ PA ird f.I A IIaAL 8 p,LYC.IMO •' � NilLT 11pIC GV1(RM r.C. [.... ✓.le lrr1 -rte ae. On OW 10TH Ealai December In the Fee 1985 pemn M. the wwrspnea. a"ktk N a+a tar fad state. p MURY appeared JOHN lit, MOTZ yp Wsmany kivwn to me (ar praw0 to me an pH USIS 01 natattaY enaenu) b Of me pan bh0 Mla0te0 the wWtLi WdUwnent a ITS PrnmMt ar-0 Sarepq. MMMery. of the Caparat en mdWl wn1d. ana aasmwtea9e0 to M wt the Carmom esaateC N pmuW to a Cy4m ar a msdN.kn 01 Ns bmd a 0awds WITNESS my han0 and ofOdal - �d t A U a a M(t: Asti. —/T la ryy_ Notary FWC N ana to aal 3a1e+ sY 5010ty I5tom GUARANTEE NO PERFORMANCE (SETTING OF FINAL MONUMENTS) City council City of Rancho Cucamonga P 0 Ndx 607 Rancho Cucanon9t, California 96770 Gentlemen: Pursuant to Chapter 4, Article 9, Section 66497 of thi GOVernmv t Code, the undersigned "11157 Agreat that all columns to ht tat the final sap of _y -- and fur nlihtd by tna fuopivi vr•A .glftc, or furveypr on Or befoft at eelti /led In one E091naV s ar car M lar'S <rti cell 4n0 agree' to furebr the notes thereon to cc -plot, all e1106eering reeu1r4mints 1paclflal In Section 66497, of the Goverment Coda The undersigned hands you he rewlth the &l =m of S 9.700.00 as t Ooh deposit, sold deposit to guartntee thTO the monul cots will be set and the notes furnished as above or*r lded on or be Pore the date Specified and that the engineer or surveyor vi ll be paid by the undersigned It Is further understood and agreed that to the await the undln tined falls to complete the above n0uirefentt within the time sptcifie d, the City of Rancho Cucamonga Is authorltld to coda let, &old requirement& ar cause then to be COnplettd and the Cost IWent is to be A charge against said Cash deposit, and the transfer fRancho o Saldd cash 41O. Ito t ah the cree t for tee propertcity fund It is further agreed that If tie undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting Of t"e final mOnumint S. Amd if the In SICtic 66197 of or the governmentgCode. ton City csei lr pay to Wd engineer Or surveyor, the Cash deposit Weill made if the cost of completing said requirements exceeds the amount of the cash deposit, the ueders19re1 agrees to pay the difference within thirty (30) day, after receiving written statment from the City of Rancho Cucamonga SP,elf )Ing the mount Of the diitor no between the cash deposit An the actual cost of said requirements. Cordially, 'I tIIt % "ilvider On" ]m 1 mto. roe M34 I mn venme Address n..�g1L Oat* r - In 1149 The dlpositer of record (for •etur6 of any Portion Of the Cash dl,osit) shall be w y--n t ocsn n. C.A. 97669 Nam1 ddr oaf TOTE- TO OE SUDMITTED FULLY FILLED OUT AND SIGNED 5.5' (RESOLUTION 110. gee- BS.@IR —•A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO{ CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT,.q IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 11626 t submitted by R John W. MetzcaIncorporated, Subdivider62locatedioni north rrthlside a of Almond Street at Beryl Street has been submitted to the City of Ranchos iSubddivision Map said ActSubdivider State fpCaliforniaaiandiin complianceewith theo requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOM, THEREFORE, BE IT RESOLVED by the City Council of the City of Rarcho Cucamonga, California, as follows: I. 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 delineating save be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said C'.y. PASSED, APPROVED, and ADOPTED this ath day of February, 1986. AYES: NOES: ABSENT: Jon 0. Mrk—ers—.Wa—yor 56 CITY OF RANCHO CUCAAIONGA STAFF REPORT GATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Yartan Yartanians, Associate Civil Engineer o%S�A%toli,+ c / � rr=Y5 uc. y i SUBJECT: Approval of Joint Use Agreement between Southern California Edison Company and the City City has received a Joint Use Agreement from Southern California Edison Company in conJunction with the undergrounding of the overhead utilities on Base Line Road easterly of Archibald Avenue. The agreement stipulates the title priority of Southern California Edison Company's easements over the recently acquired City street easement on Base Line Road. The agreement further specifies the terms and conditions in relation to the Joint use of said coarion easement. Attached map, marked Exhibit A, shows the limits of the Joint Use Easements between the City and the Edison Company as established by the above Joint Use Agreement. RECOMMENDATION It is recomnended that the City Council adopt the attached resolution approving the attached Joint Use Agreement and authorizing the Mayor and City Clerk to sign same on behalf of the City. Res ctfull suNmitt d, /�> L ! :de Attachments S% . ar� .. "CCA.Ma REQUIstaa my tiJUTH M CUO MA IDMM CWMY "M MACMera Y11t TO SJUTIt<AM CillroGW WWI COIRAW ". Una roe IMM4.9we Pfiablb iWDY�W 'L. tlto R rt Est enrmttamllp P6 AACCA8A 1[,nnllei OmaWambW:ltY •nl. Pn® welme ® n OGr i'yy{h ifiLr Join use AGREEMENT TH.S AGREEMENT, made and entered thew this day of , 17 , by and between SOOTHERN CALITOAHM'NSON CORYMM. a eorporat an, her f lnafte[ celled 'Company', and tie CITY Of RANCHO COCANONGA, a municipal corporation of the state at California, harelnatter called 'City', W r T N E S S E T R, THAT WHEREAS Company Is the owner in possession of retrain rights of way and easement(s) for electrical facilities by virtue of the following easement eights: Recorded NOvember 19, 1907, in Boot 315, page 674 and April 4, 1961 In Boot $394, page 535., hereinafter referred to as 'Company's Easement's and WHEREAS City has acquired easement rights for street and highway purposes for the ccnst[u�tlon and /or tapco�ement of Rase Line Road in said City, County of man BernA[dino, State of Call - tainia. hereinafter referred to at 'highway right of way's as shown on the print attached Loreto, acted 'Eahlbit As and hereby ado a part hereof which said highway right of way is subject to Company's easement, and YIIEREa CoapanY'9 facilities as rw installed and located on said highway right of way will interface with or obstruct the constructions reconstruction, maintenance or use of said street or highway. and City desires to eliminate such lAre[terence of obstruc- tions NOB THEREYORE, In consideration of the promisor and the mutual covenants herein contained. Company and City do hereby agree as follows: The location of Company's easomen: insofar to it now It,, within the said highway right of ways be, And it hereby Is, changed to the Strip of land within said highway right of way, hereinafter referred to as 'new location', and shown and designated as 'srca in Joint Use Agreement' on said print arced 'Exhibit As Company agrees to rearrange, relocate and reconstruct within 4110 now locations any 01 its facilities hecetofora or now Installed pursuant to Company's easement within Said highway right of way Company beraoy comer.• to the construction, COCCAai•uttiont alotonance or us* by City of a are eat o[ Mghwy over, a long and upon Company's easement, both in the old location nd In be new location within said highway right of way. upon a.a a blere to the terms and conditions herein contained. s8 er_s Joint Use Agcaaaent B.0 0. Co , A Corp., to City of Rancho Cucamonga City acknowledges CompanY's title to Company's esawant in ald new location and the priority of Company's title owe[ the tirl right and CUiuentato use,lin coamon with thehpublic'o uaevof old A of s treat or highway, said new location for all of the purposes for Men Company's augment '-s acquired. without need for any permit or per-Lesion from C cY• except t[ore emergencies, any es, Pork on shall give reasonable notice to City performing Will Company's facilities in said new locationelwhat saucclwalk A Cara for obstruct the protection traveling • of the public Company c In the wart that the future use of said hiihvay right of way shall at say time or times necessitate a rearrangement, [,location, reconstruction or removaandfCany shall nutlfY facilities tM I existing in &aid new location, Y vrltang of such macoaity and agree to reiaruree Company on demand for its crests incurred in Complying with such notice, Company ..I1 prov ids City wtth Prans of its proposed approval d rearrangement such plans by estimate of the Cost. thereof. Po City, -am An will promptly pro-ved to effect such rearrangement. relocatlon, reconstruction at removal Company shell exec,Lso due care for the protection of t a traveling public. No further permit at Perelsalon from Ctty !o[ such rsa[rangesenc, relocation or [ON) truetion an all ba 94 UN; and City will 111 enter Into a Joint Use A recant on the same te[ma +red Condit la ns as au nu Hn eat lof to Cova[Sn9 amy such OubaeCUrnt celoNeion o[ company's Carl nties within said highwy [l9�ta o[ vaY• (11 provide executed document(,) 9rantin9 to Cospa nY + good and sufficient esaement or eaeap,nts over private Pcc art ,nifl necessary sae CPCpany CorPany'A aswent or any Part thereof, cots which It nay b, roqutro to expen to Re writing that company eaeaats, Provided it U actually 9 shall acquire such eaeatnt or easements City agrees to reimburse Company for any loss CpmPany may suffer beCauae Of any lack of or defect in City's title to old nw I... Lion or any subsequent location within said htgtwaY right of way, or in the title to any :+moment provided by City ova[ private p[ope[[Y. to vblar acdPCIY refnuethan facilities p Is ever required prow talons hereof. y 9 to reloCAte its facilities beeaue,s o[ grey much lack of or deface 1n title City +hall reiarurae Company for the tort o! relocating its facilities and any other [uaooble Coats arising therefrom, ea, but not limited to, com.nall nature e0 [saf Company La[r anyf leas for such relocation City caused by Company's own fault or negligence Cxcept a sap[esaly set forth Wales this agreement shall not in any way altar, modify or ta[mtote any provision of Company's easement. Both City and CaxpanY chaff arse •old n:v location in such a m+noec s not to Interfere unduly with t•e rights of the other Nothing htraatn contained shall be construed a- a re laaee or waiver of any navalor fmaycherea fteroacquireereeultinghfree n at Company or City may now the construction of additional feellitiss at the alta[aclon oC existing factlitlea by either City at Company In such a Murat as to cause an unreasonable Lntocferenc: with the use of old new location by the othet party City agrees that Company', facilities Nall not be damaged by reason Of the construction, rtcorat[uctlon or Mtntenance at said attest or highway, by the City or its contractors, and that, if necessity, City will protect Company's facilities against any such damage, At City's expense S / masulas _ Joint Use Agreement S.C.E Cc , a Corp., to City of Rancho Cucamonga Company Shall have the right to trim or top any tree or trots which may grow in said new location in slid highway right of way, and which In toe opinion of Company may endanger or interfere with the Drop*[ operation or maintenance of Coapany -s facilities, to the extent necessary to prevent any such interference or danger This agreement shall Inure to the benefit of and be binding upon the Company and the City and knelt respective successors and tut as IN WITNESS WNCRCOP, the parties hereto have fused this agreement to as executed in diPlicAt• by their reapectivw officers thereunto duly authorized, as of the dry and year herein first above written. SrUIEERN CALIFORNIA !1tSON COMPANY eye u Manager of Real Properties Oap��attsent •o atanc Sapncary CITY OF RANCHO CUCAMONGA Attest STATE Of CALIFOMNIA ) ) as. COUNTY Of LOS ANGELES 1 On t111849 f day of / e Q .r; 19 � before ae, Notary Public in and for sat. 5 ate, personally appeared R J Jubtff, personally known to to for proved to no on the basis of satisfactory evidence) uo be Manages of the Real Properties Department of Southern Callfornto Edison COS any, the corporation that executed the within Instrument, pe[unally known to to lot proved to me on the basis of satisfactory esidlncel to be the person who executed the within Instrument on behalf of the corporation heroin named, and acknowledged to at that such corporation executed the same , pursuant to its by -lava or a resolution of Ito board of directors WITNESS my hand and /official .seal D KAN Go -3- Joint Use Agreement S.C.E. CO , a Corp., to City of Rancho Cucamonga STATE Of CALIFORNIA ) 1 as COUNTY Of LOS .ANGELES 1 On this _?_q day of .(i'= -• -�•. 19 R, before me, a Notary Public In an Or said Stator, personally appeared J. [ r - r -•._ -a , personally known to se (or proved to ie on : • as • e ut • actory evldSAC to be an Ass let ant SeCteta[y of Southern California Editon Company, the col parstion that executed the within tnstrument, personally known to ma (or proved to me on the haws of Satisfactory ev ldenee) to be the person who executed the within instrument on behalf of the corporation herein named, and acknowledged to as that such corporation executed the same, pursuant to its by -laws or e resolution tl Its board of directors., WIT ess my hand and official aul lef \KI \Ilfp \It Y14rnfle I.e,/, 41. Il IMl STATE of CALIFORNIA es CWN1T Of ) on this day of , 39 Refers me, a Natary uToi%SA and for sa State, pesonally / appeared , personally known to me for prove to me on e nd s o sa • actory evidence) to he the , and parsons y noen he ma or prove to ma on c a bas s he Sack GCto[y of to be eM Of the City °f , t e mum a pa Corporation that QxecuttJ the w to n Instrument, and acknowledged to ne that they executed the same on behalf Of such municipal corporation. WITNESS m/ hand and offlc:al meal. 601E /am (V/ iTMCwAK[I ♦p at fls 73 i F gyp• � i a R K' S � i R � I i i b F P I i I w] �AO• is S 4 � fl1 !� C GN w ww• �Q D�z^ G �- RESOLUTION NO. ' E-05 -W 96 - 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY AND THE SOUTHERN CALIFORNIA EDISON COMPANY WHEREAS, Southern California Erison Company is the ecord ownar in possession of certain rights of way and easements for electrical facilities; and WHEREAS. City has acquired easement rights for streets and highway purposes for the improvement of Base Line Road subject to Southern California Edison Company's easements; and WHEREAS, the City Council of the City of dancho Cucamonga, California, has for Its consideration a Joint Use Agreement, between the Southern California Edison Company and the City for City's acknowledgement of the priority of Southern California Ediso^. C Apiny's title over the title of City as sieeified i� said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Joint Use Agreekent be and t'•e same is hereby aw'oved and the Mayor and City Clerk a•e hereby a,ithorized to sign same on behalf of the City of Rancho Cucamonga. PASSED, APPROIED, and ADOPTED tnis 5th day of February, 1986. AYES: NOES: ABSENT: G3 Jon 0. Mikels, Mayor CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: rebruary 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer lyt`O c�arO7O +. Z° 1977 SUBJECT: Approval of Professional Services Agreement with Willdan Associates to complete Assessment Engineering on Annexation 86 -1 �u Community Facilities District Ito. 84 -1 (Day Creek; Attached for Council approval is the Professional Services Aureement with Willdan Assnciates for Assessment Engineering Services related to the annexation of the Caryn Planned Community to the Day Creek Community Facilities District. The scope of services includes the preparation of maps and reports Teguired to consummate the annexation. The contract shall not exceed $16,598.00 with funds to be drawn fron the Day Creek Community Facilities District fund. RECO1 NO.4TI0H It is recommended that City Council approve the Professional Services Agreement with Willdan Associates for Assessment Engineering Services related to Annexation 86 -1 to Community Facilities District 84 -1. Contract shall be In amount not to exceed 516,598.00 with the funds to be drawn from Community Facilities District 84 -1 (Day Creek). Res P ctfully su tted, LBH: a Attachments GY PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of _ 19 , between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as 'CITY ") and Willdan Associates (hereinafter referred to as "CONSULTANT") A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the Performance of professional services with respect to the preparation of Assessment Engineer documents and reports for Annexation No. 1 to Mello Roos Community Facilities District No. 84 -1 ('Project• hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services. (111) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council 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 herelnvr'er defined. NOW, THEREFORE, it is agreed between CITY and CONSULTANT as follows: B. Agreement. 1 Oefiritions. The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: f�S 7/31/85 -1- (a) Pr. oject: The preparation of Annexation No 1 to Mello Roos Community Facilities Oistrict No. 84 -1 dcscribed in Exhibit "A" Scope of Services hereto including, but not limited t.,, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such 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 procedires, development plans, maps, surveys, plan documents, techniral reports, meetings, oral presentations and atterdance by CONSULTANT at public hearings regarding the project acceptance for construction is set forth in Exhibit "8" Project Schedule attached hereto. 2. COMSULTANT agrees as _follows: (a) CO`1SULTAI(T shall forthwith undertake and complete the Project in accordance with Exhibit "A and applicable with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. i (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as k "documents ") including all supplemental technical documents, as described in Y Exhibit "A" to CITY within the time specified in Project Srhed••led, Exhibit -2- 66 "B ". Copies of the documents shall be in such numbers as are required by Exhibit W. CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed nccessary. 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 expense, 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 CO!, MANY, CONSULTANT hereby warrants that such persons shall he fully qualified to perform servic ^_s required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by SONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSJLTANT a maximum sum of 516,558.10 for the performance of the services required hereunder. This sum shall cover 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 CONSULTANT, 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 monthly basis, and such invoices shall be paid wltlin a reasonable time after said invoices are received by CITY. All charges shall be detailed in Exhibit "C" either with respect to hourly rates or lump sum amounts for individual tasks. In no -3- 67 event, however, will said invoices exceed 95% of individual task totals � described in Exhibits W and •C•. (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 by CITY -� all final documents, together with all supplemental technical documents, 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 "Co. 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 agrees to provide to CONSULTANT: (a) Information aid assistance as set forth In Exhibit °A• hereto. (b) Photographically reproducible copies of maps and other Information, if available, which CONSULTANT consid.-s 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 from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make ail Initial contact with respect to the gathering of such information. .4. 68 5 Ownershio of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT 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 C1IY by CONSULTANT CONSULTANT may, however, make and retain such copies of said documents and materials ds 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 CONSULTAi'. shall be at the We risk of the CITY. The CITY agrees to hold harmless and indemnify the CONSULTANT against all damages, claims and losses including defense costs arising out of any such 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 by 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 compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "C ", on a pro - rata basis with respect to the percenthge 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), rbove. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in drat, or final form, prepared by -5- (,5 CONSULTANT as of date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and O ^sienatad Representatives: Any and ail notices, demands, invoices and written communications between the parties hereto shall be addressed as set fo th in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: William Stookey, Witldan Associates, 290 So. Anaheim Blvd , Anaheim, CA 92805, Lloyd Hubbs, City Engineer, P.O. Box 807, Rancho Cucamonga, CA 91730 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee fcrty -eight (48) hours after deposit thereof in the 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 allow any subcontractor to cammence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all times during the ter of this Agreement the following policies of insurance: (a) Workers Comvensaton Insurance, f.efore beginniny work. CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers- compensaton insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. -6- ?0 In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employee;. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be 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 tha Performance of the work of this Agreement% (b) public Liability and prooa "tv Oamape: Throughout the term 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 C011SULTWIT, comprehensive, broad form, general Duhlfc liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, Providing protection of at least One Million Dollars (51,000,000.00) for bodily Injury or death to any one person or for any one accident or occurrence and at least One Million Ooll�rs (51,000,000,00) for property damage (e) Frrors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ( "malpractice ") providing FrItection of at least :)00•000 each occurrence and or. ors and occurrence aggregate for omissions ( "malpractice ") with respect to loss arising from actions of CONSULTANT performing engineering I, services hereunder on behalf of CITY. (d) General insurance Reouirements• All insurance required by express provision of this Agreement shall be carried only in It. -7_ 7/ responsible insurance compan'es licensed to do business in the State of California and policies requr:ed -•rcer paragraphs 8.(a) and (b) shall name as additional insureu; CiTY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be cancelled or materially changed except after thirty (30) days' notice by he insurer to CITY by certified mail. CONSULTANT 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 Agreement. g. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of any negligent or intent ral 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 Agreement or of any part or obligation of performance hereunder shall be made, either in whole or In part, by CONSULTANT without the prior mitten 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 be -8- 7-> employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed In acrordanc, with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provis.on 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. Entire Agreement: This Agreement supersedes any ind 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 to 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 Gary p Dysart ' CITY OF RANCHO CUCAMONGA Jon U. Mikel-s77a-yor ATTEST: every , ut a et, y er -9- '73 Date: 4//6/86 Date: Approved as to form: City Attorney EXHIBIT "A" SCOPE OF WORK PROJECT OVERVIEW Our proposed work program Is divided Into four steps as follows: Meet with the City of Rancho Cucamonga, hereinafter re- ferred to as "Agency ". to review proposed annexation to Mallo -Roos CFD No. 84.1, hereinafter referred to as the "Annexation ", and define the key district parameters 2. Prepare the ongmear's tax apportionment report and bound- ary map for the Annexation incorporating the key district parameters 3 Prepare the official election ownership computer listing and reference map 4 Assist Agency and /or its designated consultant In conduct - Ing the election proceeding SCOPE OF SERVICES Following is our proposed Scope of Services based upon our understand Ing of the assignment: Part I - Preparation of Engineer': Tax Apportionment Report The report will contain: Description of Facilities Based upon meetings and input from Agency and landowners within the proposed Annexation specific facilities shall be defined This portion of the report sets restrictions on what facilities the special tax generated within Annexation may be expanded toward 2. Define Boundary of Annexation Completion of this portion of the report is dependent upon the following steps: a Preparation of Boundary Map for Annexation: This map will be prepared based upon the County of San Bernardin. Assessors maps For the purpose of Illustrating the boundaries of the Annexation, this �y map shall be signed by Agency officials but Is not required to be recorded. b Preparation of legal Description for District: In preparation for written material to be used In the various resolutions, notices for publication, and In- formation mailed to landowners, a legal description describing the boundary of Annexation Is prepared, The format Is that of a metes and bounds as required by the Secretary of State for disclosure of special tax area to Le collected upon C. Preparation of Ownership Reference Map: This map Is a necessary working toal which Is pro - pared from the County of San Bernardino Assessor's maps This map will aid in providing the following: 1) each Assessor's parcel within Annexation; 2) acreage amount of each parcel; 3) ownership reference number for each parcel which will key to a computer printout contain- ing ownership Information; 4) use as a visual .d at Agancy meetings, hear- ings, and landowner workshops; and S) use as a control reference by Agency to mon- itor land divisions and development areas such that each year the special tax can be calculated y d Preparation of Exhibits: Reduced versions of the boundary map for use ar an Insert for the engineer's report, as an attachment for Agency resolutions, and as a final reference for t changes and modifications to Annexation, If any. + 3 Cost Estimate 'r t This section of the report will compile your for the works of improvement with other costs sassociated with Annexation The scope of this section shall define dollar amounts for specific facilities, possible contributions '•l from outside sources (RDA), and project Incidentals The ,%S cost estimate shall define the total amount to be funded by Annexation 4 Rate and Method of Apportionment of Special Tax This section of the report shall refine and generate the procedure of levying the special tax This section will al- low each property owner within Annexation to estimate the maximum annual amount that would be required for his land. 5. Review /Appeal Board 6 Resolutions of District Proceedings Part I I - Preparat on of Election Owners` ip Computer Listing and Reference Map Receive from ADency the areas within their jurisdiction which are proposed to be included within the proposed Annexation 2 Based upon the latest County of San Bernardino Assessor's roll and map available at the time of the proceedings, com- pile ownership computer listing and respective acreages owned 3 Determine the total owner voting acres for those properties 4 Provide to Agency two sets of ownership computer listings, one mylar for the boundary map and one mylar of the own- ership referent.* map Part III - District Proceedings Attend two Council meetings y 2. Attend one landowner workshop 3 Deliver to Agency two sets of mailing labels 4 Coordinate with County Registrar of Voters to obtain a cer- tification of the numbsr of registered voters within the proposed Annexation boundary 5 Act, on behalf of Agency to coordinate with the County of San Bernardino (or the entity to conduct the special election) the steps toward the election 094 G. Monitor the official ballot count on elactlon day. In order to complete the work tasks as outlines above, Agency will need to furnish the following: i. estimated total facility cost to be funded by the proposed Annexation; 2. assistance to Willdan Associates In scheduling meetings with Interested landowners and providing available conference room facilities for gonetal meetings; and 3. If required, a list from a title company of ownership changes since the last equalized County Assessor's roll. All services would be done in coordination with and under the direction of the attorney employed by Agency 77 EXHIBIT "B" PROJECT SCHEDULE Complete necessary documentation to Initiate annexation hearing by Febru- ary 5, 1986 with Public Hearing to be held March 5, 1986. Complete pro. ceedings by June 1, 1986 7% EXHIBIT "C" Payment shall be based on percent of completion of the complete project not to exceed $16,599.00. Fem CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Tract Maps, Improvement Agreements and Improvement Securities for Tract Nos. 12802, -1, -2, -31 -4, -5 and -6 located in the Terra Vista Planned Community submitted by Lewis Homes of California, a general partnership Tentative tract No. 12802 was approved by the Planning Commission on February 13, 1985, for the division of 41.5 acres into 221 lots in the Terra Vista Planned Community Development District located an the southeast corner of Mountain View Drive and Spruce Avenue. The Developer, Lewis Hanes of California, is submitting an agreement and security to guarantee the construction of the off -site Improvements in the following amounts: ratters of approval have been received fran the high school and elementary schcol districts and Cucamonga County Water District. C.C. & R.s have also been approved by the City Attorney. g0 Bonds Tract Nos. Faithful Performance Labor & Material 12802 $201,500.00 $100,750.0 -1 12802 -1 605,400.00 302,700.00 12802 -2 253,000.00 126,500.00 12802 -3 77,000.00 38,500.00 12802 -4 123,000.00 61,500.00 12802 -5 184,000.00 92,000.00 12802 -6 276,000.00 138,000.00 ratters of approval have been received fran the high school and elementary schcol districts and Cucamonga County Water District. C.C. & R.s have also been approved by the City Attorney. g0 CITY COUNCIL STAFF REPORT Appro : ,.i of Tract Maps, Improvement Agreements and Improvement Securities for Tract Nos. 12802, -1, -2, -3, -4, -5, and -6 February 5, 1986 Page 2 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract Nos. 12802 -1 thru -6, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Res ectfu11 ubmitted, Oper- LK�e e Attachments 91 TRACT NO 12802 .t YO. /1I1I/ 1 / f I � I 111 ` I ♦♦T � CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION � w If r I I�81 I rJ ol PROJECT: T r ' IZQO a TITLE: EXHIBIT.. ^4 aa. CITY OF RANCHO CUCAMONGA IRIROYERENI Nnm EVENT For Tract 12802. RNCW All KEN BY THESE pRESt ATS That in,, agrtee.nt Is made and entered Into, in Conformance •lth the provisions dr the SWCflvls On Hap Aft Of the State CO Callforni" at f Of the Spot Icable Ordinances of the ht Of R4.CmO ACama,ga, Cal lfdrnla a ev.Iclool corporation ant net +men toed City, htrelnafter referred to as ene City, a.c u„ls ""I gl (yl corn It, a general ortnenhip here, , ter •eiT• aT the ere aper w1 TRESSETH THAT, WHEREAS, Sitd Oeveiopt• desry •s to develop Certain real property In said Cl t/ a% shorn on the ,.,oil ones ly approved suOdlvlslon sno n at Tract 12602. , and WHEREAS, sold City his established Ct tell 111.11entnts to be It by saki Developer as DrerlOUiN to tr t0pro•al of said v.bdl.IS10n generals)) ld.ateaa 4t on the foutheasl .1.1 of •bunt". YIP, Olt,, and SorHC. Arah.I In }erve Yig4 NOW, TWE4EFORE It Is hereby agreed by t Dlt, and by said Drveloper as folio.% I The Developer hereby agrees to It•,tt at Developer S !.pent, all lwo•ttents dai V,bed o. , h here Of Within twelve Months from the effective date her, I This agreement shall be effective on the a of the 14901. ion Of the CO.MCII Of said Clt, ,. g in,, agreemenr This agreement Shan be in d••ault an the •end. - Ing the first 6nnletrl4ry date of said allroval sAIISS ..ten %Ion of time has boon grated by said City as herelnaftt 0.10 Ad S The Developer say ri,4"st en salons On of t to COUPInte my terms hereof Such req.est shall Do %.balt:rf to the Clty In writing not less than 20 days before the e.Dl•t Ion dot hereof and mall contain a statement Or ctecuetta• Is ne[.stltiting in* emtensloA of time The City shall hire :h, rig+ to review the provisions of this agreement IM11.4 ng twe construction standards cost estimate anf ltT 0•enent u,.r ny And to ,*G.lre Adjustments therein If any Sibstantlal change elm Occurred durirg tin term Hereof 4 If the Developer fails or Ie34Cts to Comply with the Dro•ISlens Of this ngr•en•nt, the C ty she l nave the right at any time to cause Sala precisions 10 Dt at of am, I,.f.i liens, And thereupon recover fro] tee De 1 ODs- a -- o his surety the fu11 Cost Ina •.Dense IMC.•red S The Developer she I oro,11a mot,,ed .A:e• se•.,ce to each tot of said developmtnt In accordant. .It, the 112. at 0,t, %cntdelts, and fees of the Cuca.a.ga Co.,:, Water Ts r ct 6 The Developer shall be gso,,s,b a for rep Acement. ,*location or removil of any Componelt of any 11r,gatlan .star system In conflict •ith comstructlan Of eq.1,44 I,orare.Ult% to the aatiSfactiCn of the City Engineer Ind the a.ne or such meter system. 8s P� Tracts Ind Clsn /Ina , 4. 7 Improvements required to be Coa•mcted shall Conform to the Standard growing, and SSandarl Spec If-Cat OAS Of the City and t0 the Improvement plan Ipp•evf0 by .red an fill In tee office of the C'ts Engineer Sold '.,,ore.e.ts all tabulated an the Construction and Blind Estlmste hN4b1 Incorporated on page B hereof, as taken fro. the 'n Droremtnt ;tans listed there*. by .amber The Developer Shall also be 19SOOnslble for C*nstrec- tto. of any transitions Or 0,A,, Incidental work btyamd the tract boundaries H .eadtd /0r taflty and proper Surface dr#irige Errors i, o..,%SIO.S discovered during COmStru_ tin Shall be Corrected upon the direction of 'we City Engineer Revised Role due to sold plan mod If IC1t 1GAS mall to ca voted by the Clovis' 0" of this agreement and secured by the swnty Color'" the Original planned worts B Construction per., is the 11 of alit a Inn by the Developer from the office of the City Ergiheer prior to Start of .Or t, all regulation% listed therton Shall be Obsafvtd, with attention given to safety procedures control of dust, noise, or other nuisance t0 the area, and t0 proper motif Icatiol Of public ut111t,@, Ind City Ot;artment% failure t0 Comply with this Section shell be Subject to the Canals,. ;,,,,old there'*, 9 The Of,eloper Shall be responsible for 14604al Of all 'cost Potts and ot'rr debris from pupil •,gnts.,f way w'tn1, at adjoining said development resulting IP02 work rolltivt t0 slid dorelopmnt I York dank within eels Ing st•rets sna I a diligently Pursued t0 CamOlet1cm the Cit, Shall nave t%t r'gnt to CCVpIttf any and all work In the event Of unJRSt If14U delay in Completion Ana to ,,,,,or all cost area 0a01nse Incurred 110, the Developer and /Of his contractor by any awful mums 11 Said Develop @, shall at all times foilowlhg Ceaica- tlon of the [[watts and elStmtmts in said sub'div,SIOR up t0 the Comp ot'on and acceptance Of Slid .ark or 'mprove.tnt by said City Counc:l, give good and adequate warning to the traveling public of each and every dangerous condition eaHttmt In Said st all Re catenent and will protect Ve trave 1.9 public flow su•h dffeCtlre or danger Ou% CohdttiOns Until the Ca= 'pletlpn Of all were', InClllC•ate0 on 0390 a , to be performed each of Said st,efts not accepted as im;•c.entn t3 shall be under the Charge Of sa 1 :014100#1 L'a 0ere:0per may Clore Alt 0, a portion of any Woof Sub•ect to the con0ll+o.s cow tr' ad in a temporary street class, atrm't issued by At City Ing,hete whenever It IS mt Cl ISa y •0 Dr3tect tht pub' 1Z during the L1.L,uCtiO- of the ir,11r4.e1U lire n e91ted to be 'lade it partway tens required to be D 11tH she I bt planted by the 0evel -per alto, other grave Rent .art grading And Cleanup was been Co.plottil ptantly sm,ll ere all as provided by ordinance in accordance with the p'ant'y diagram approval by the City :amaun ty OevelOpnemt 01receor The developer shall be respOnS'b t for .e1nSa vng at trots plantel 't good hlaltn At II the end of the guaranteed mal.%,",ce period, of for 0.9 year aft@, pianllnq, .Ilc.,,,r 3s Ltd, 13 The Developer Is IOSpans1010 for g1t'ng t I COndir tiosS ett #blllhed by the City pufsuant 10 sna Sub '.I%IOn .9 8y Nap Act, City Ordlantes, and this agreement for the development, and far the e41n4e,41:2 of all ......Ments comstruttld th <reundee until the .rprovement is accepted ear nalnte ante by the City and no Improvement secur ty Dron ded ne.e.nwlth shall be released before Such 1CCtOtanCl ..nil,. Otherwl,I p1011ded .1C gut orlltd by the City Council Of th, City IC Thia agreHtm $hill not tfrn.n,te until tee me art roa,ce guarantee security .t.einlf ll. des • tad has Drum re eased by the C iy, Or Of 11 a new 49, talent C lather with the required mp,o,ot, security has been submittal I the CIty by A successor to the herein n,men and 0, rtt0 ut, - 01 the City Count I ,all has been accepted, and this agreerent .id the Improvement security therefor he' been •aleuH is The improvement security to be furnls -ed by the Oavela per , to this agreement shall cons it at the frll,ning and snail be in t /Ore acceptable by the City Attorney A To secure fal•efut prrf Oraanca of t.,% agreement 1 A bond or bf•.A Dy one or 00fe duly author NOd Corporate sureties in the Ora end Content Specified by Government Cod* $act In 56499 1 2 An Iepr lrta*nt Security In•trum,n In the torn and Content 1Veclt,ed by tie City Attorney O A deposit with the City f mane, or negotiable bonds of the kind covered far leturing 0epla• :p Of DWI, man as 6 TO %,Cur* Isborer, and ma•e,Nbe• 1 A bond a, bonds ay rile Or mar• Su y aetll.laed Corporate sure, It, In the fame and t •tent specified by Gover Mont :ode iset.on 564 ;$ I Z An Improvement Sr:ur•ty lnsb.+,nt 1 tre form And content sotC fled be the CIt, Attorney B A aeposit witi City of money or negotiable bends of the kind Approved for securing C A Ce,h aeposit with the City to guarantee baymrnt by the D*eelode to the engineer of su..e /o• .lase certificate arpears upon the Ilea' Me, for the Setting Of ,i1 DO.ndar y, n• corner Ina street Centerline ran Yeen.v and 0, fu.n.sring cente. Ire tie notes .0 the -ity The amount Of one LDailt ■ay be A amount Cartlfled by the erg--,, me surveyor as acceptable payment In fill or if An value s submitted, the Cash band Ihll• !* i1 1howM Dn the Canttrvc*ian and Bond Est 'mate Contained herein Said Cash deposit ma) be refunded As s an as Drocu- duee pare is after receipt by the C ,y of the Centerline tie hat*, And written ass -,,Cl Of payment In full teal the tnpineer o• s,•eeyon J. The required ban "S and tilt p••nC -:al aaau its thereof Are at forth on all 5 of this sg'elnvat 16 The Otea over •,..ants that the •-,•o e,,,is dIS flbed in this agreement She i be free from der Cis In mI N•Ial, and w0•t,i 0 Any and all Dart,*,$ at ;n< ,•lYe- rents found td De CefrCtlVa within One (1) yea" la IYen9 in ! data an which in* iepriveaents a I accectad by VC City 111.11 Oa repaired or replaced by Oevelorer feet of all cna•les to the City The Develops Sh.11 furnish a a1•n•e +anCV g,arAntll stcarlcy to a sue equal to ta, percent (101) of the pn,tructlpl .3. Sir estimate of S200 00. .hicho'e, IS greater to Secure the faithful ,,,forma. Ce of Der a lope• s on l Igatt a.f as des c, bid In to I Dar a- graph The maintenance guarantee security shall also Secure the fit t of pl performance by tme Developer of any ....gelid. of the ealnl enencet assessment[ldl to Ct halt re onto mtnlej my0r<•Lntf yr Dean accept ea sna a wa l It In ante Par ant to s,",ItI oaf Dean Are toted in this by the a It sly De er loeneO 1p ..`....that such release lOf ao[he• +Ise author lea by the SYbdirlStan nap Act and any applicable City Ordinance 17. That the Developer shall lave out and .amlain such ,,bit- liability and property damage In sear anti of Small protect him and any contractor or s.O,o,vrector pelfor.119 •arm coverts by this agrement /•0• clams for property aasades .ntCh DAy Grist Dec au so of the nature of the .d'r ar from o0lratIOn3 under Contractors ore subcontractor a 01• a11dne be dnact yf or A' directly e.p'oyed negligence SirSOff tntt^Da laiuca.vc orleen'et cony act caused o by thr lut"It• Ito, Or anyone employed by fa ,a tarsals "I pull it Will)" Insured pens air eCSit protect uIe CIV stItsh Gall he's. Agents an0 employees. as re 11 1$ the 0evelo Ct• I's contractors and r'f • " ontractors. and el` Ins u r anct Lily: ref `!auto m Y reunae• Shall n State The mImlmdf 4a0unts Of Such `"""a "a Shall be of folio" A. Coaraclol s hate Tity if$, once p•avlding bdally In J ry of :uth Mobility limits If no• less the accident or at urrlhce person hy p•ap<•ty Od Page ar'abile. ill halts Of 10t left than Sion COO fu• each ecci. pant or Occur arc. .Ith an sgrrtgate "'It At $250.000 far tea of •hich all 4" 11 110. the Opals. tl0hs of the Ofn.l Over in the 04.101.! ^ce Of the .Ora moral. yrovld.d a Automobile Mobile insurance late, n9 all vthICles used In the performance if this ai•tesent prOVldtnq Godley in]ury 1'""' y I ... t. of not tell than $200 000 for earn aerfon and 5777 ODO for each accident or octurn.ad end 01daerty damage liability It.lh of not let then Sal 7C0 for each ace`deht or occurrence +Ith an eg"egite of mgt less than $1001000 •PICK may ar H• 1r01 the opera tio.s of the eo,tloplr or his Cgntractcr Ih performing the wort prcrldtd for "train is That balo•0 the taec.t on of in f Wtale ^t tha Oeeeloper shall Ste ath the City a certificate a• tertlf.catef of tnsd•ance cohar Ing the spec if lea In S.ramte Eacn $ac+ Ct•I if , Cate shall bear an endarfese.t p•IC vJIn9 the Caall lall0.f. Or reduction 1. [Overage Or any `A l 1Cy mr'dlnClf after t the city C fhal l auto 'Ia" the raft, +ea t not ell Cat an l byy •,Il Stared sett fro. the Insurance Carrier p( evidence etg ftgeplJS[ItntfiVthe tAt of Edl rfl der [has t'.b.`et eJ tme fall lowing described Improvement SlIC"'ty, and his lf"rad his f19natura hereto S! 86 FA Tiff UL PERFORMANCE Type: Princ lPal Mount 8201.SW.OD nut and address of Surety WIFIDPEItS 111W.LVKE 0CHRANY 333 Wllonlra, aneneie, a gz6ol MATERIAL AND LABOR PAYMENT Type PrincaPal AAppnt E100,TW.W base and address of surety mN=Fm VWTWrE c"m 333 Wilda Lm. anayaw CA 92871 CASH DEPOSIT MONUMENTATION Type: P.Int iPal Mount 1 Naee and address of surety MAINTENANCE GUARANTEE Type PnnclPal AYount Ibee and address of surety TO BY POSTEU PRIOR TO ACCEPTANCE BY THE CITT IN WITNESS N(REOF the parties neretd no.e cawed mesa Pro$4AtI to be duly faecuteJ and ack...Iedged •fill all for. lltles required by 11W dq I.. date$ at forth opposite their 3190atures. Data by A i [�� ,0eea9oper ignAture 1i.t.d Data py ,Oeae la0er qna care Printed Accepted Clty of aA .,no Cut, ... 9A, CAI Iforu le A Municipal wrpordtlon By Mayor rtanorweaw. (q w tnn a ..... of, Janwry 31. MIS a,Y,•y ti,�r r.eawY.arr W ew .arrrYe YenM- Randall W touts aYMAY ^Y ManM Y��NaW YrAyt�lA \YM MrYr•Ma �laa�Y rn MYIr Y A,We I M►lY.ti Y1 rY M r� nMM M riY..K.a Y Y r M'F Wor.INaW Yi WpaIWeW M.MiV YIM r MwF.WnY DIY Wa aKILL M \$ ��A A. tOa.MgpM Yrxe$a.e 4.a ananb nra t •.�.\ \mow+ -� Edu A. ;0mon 8% IisY Y.a Yr oaYe nr.YW 7- Bond No 9193983 Premium 51,:09 00 FAITKF L PERFORIUNCE ROAD UWE4[AS, the City Count ll of toe CIt f RanCnO Cut nOnga State of California aid La 1s Home, aI Glltp mla a each* cavonga(P (nt,tinarter designates at arinc 1pa nave en ert0 ,n,. an agreement whereby petnelpaf agrees to Install and tomilete Certain designated putt It improvements. •h,ch se agretment, dated I98 an] Isentln id n Project Tract [Boy. Is Tared/ rat....a t0 dad Nde • part n ♦e0 an WHEREAS said pr"ntlpal Is rtqul,ta unoer the ttrms o/ said agreteert to fur"t0 ] bCnd for the f,,tll,l D'rlormanCt of Said agreement AOa TKEREf ORE, w* in R principal loop EY EI OPFA3 K30•sH. •_ frwsANY as surety. are held and firmly bound unto the IH1 0 �hd Cucamonga (htrtinifter called -city-) "n tie penal fu• Of 7�p T�Ta.0 a'— o cE the n,t• aces a• : +e ]a ant of , sue , 1 and truly t0 be made we D,nC Owrit LeSyaOar hHrs sucCms%ars, amecute's and embinlstrata ^. 1o,ntly and w or "y, flu l/ or tease presents. The can.•,t,on of this obligation IS Sucre that , tot apart bounded or n<,pal his dr its reel... ......... ad + "n stra:o... Su0!ese0rl Or astlgns shall in all eh"ngs stand to an] twat 0y, and .all ono truly •tAG and pert arm the c...... is C".. : ohs and provislros ,n the and agreaeont and any alteration tier'or made as thernn provided an his or trial, Dart t0 0a nape and perfb-a*d at the time too In the urine• the., "n ic'C f,ad and all rei acts accord Ing to their true Intent sno nean"ng, an] S hail Incemn,fyy and Sa., harmless City its off cars agents "d tmDlbytts, at the".. Stimulated then this ua ,;,t,oA shalt :scoot .11 and •old, otherwise, it Small be chi r<ann in full farce and *.fact As a part Of the abllWatlOn NCured her' of and ,n ad] -t'On t0 th! face amount spectyyd th'r'fOq there mall Ce 'nc'Atd tarts add reasunable expenses and fees I.Cl.d,.g rla son]Dlt attorney s f Res incurred by City In Su Ccetifully enf Orc"ng Such 00I"7atio.. all to be taxed as costs and Intl uded ,n any 1odg +ant rereered The surety hereof stipulates an] agrees that na Change ea :end on Of tut alteration Or addition to the term tf tate agreement Or t0 the wort t0 be perforate thereunder or the Split,. f"Cations aCCOCDaOying the same shall In anyt,f' affect Its Collq]tlona on this bond, Ina it does hereby waive Matitt of any ouch Change, extension pf time, a "ttratlan or add,t,o. to the t eras of the agreement or to the wort or to the aDtC,f+Cat,dAS IN WITNESS WHEREOF this Instrument has been duly ta*Uted by the principal and surety 1501, named, on Jarurc V 39B 6 . LEWIS WKS Of EALIfObs1A 'N u r oDtr urt </, AitA.rited A to tD ,tier TiP]W AALLEN IT555La PLEASE ATTACK POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED 88 Bona NO. 9193985 Premium. incl in prform nde LABOR AND MATERIALMEA 6030 WHEREAS. the City Council AT tme C ify of Rancho C.C1.0191. $taco of Calf preia and L"I- roses of G11 /o rote, s general w'tnlrship (hertinaftlf des I gn+ted II pr mc'p• nave tote re .... an 19r44m1nt +hello, vria:Ip,l agrees to Instal' and co•lItte Certain designated public tepf OrtmtmtS which Said agreement, dated 198 . and '41,t,fild n ......... is SryRSSIn. 7OZ. tie -aof fT.r1n to sad made a part belle , WHEREAS. undo, the Series Of said agree,,,', 111n['041 IS required before eattring upon the pert Ordanee Of in* +art, to fl It a 9000 and sufficient payment bona w.tn tot City of Rancho Cucamonga to Secure tot Claims to rich rerlranCf Is .,do 'n Title IS (commencing with Section 3082) of Part 3 of 0111SI00 3 of the Civil Coda of the State of California ROW, THEREFORE, said principal SAd the w'le"'g,el as a Corporate Surety. are held float, bound unto '.no Cltl Of aanthO Cuc ama Ago and ail contractors Subcontractors loop ...S. •ateNalmen and Other persons employee n Ire pelf Or,inct Of the aforesaid agreement and rdferrtd to 'n the afo.e.a'd Cale of 01,11 Procedure to the Sun of R " \ M1 r. O W /3C Dollars IS Iolona. D41 for uteri, s .-1111 or +oar i+a -don 0 any kind 'oorrTw— amounts au• aaer thef]nd,alpldalt !nf.rance Act with respect to such lark or labor that Hid caret/ "'I Day tot Saint in an aalount not eacteding the amount .......Dave set forth. and alto Jo Case Suit IS brauglt upo' this bona a'I pay in addition to In, face amount thereof colts +nd •a of ]napa LApensel and fees including rtalon,011 attOrgy S roes ACufred by Cltr in SucclsSfully er.forcing such O0llgae'o1 to of 24fJOC end fi.10 by the court and to be Idled as costs an* to Do Included in the judgment therein tndertd It Is harder e.P.t %I, StiP.Iltld and dgreat that t, S bold Shall 'nun to the benefit of any ana all person, ella.liaf Snd corporations entitled to file ela'ns .,at, Title 15 e1c- 1enel -g with Section 30821 of part a of Olvison 3 of the Cl.l. Coal 10 as to give a right of Artion to into or their aHlglf In on/ suit Drought upon th�s Dana Should tot condition of thlt bona od fully afrfC "It than this Ob119at10n shall DeCdY null ana void, Otnore S1 it Sh4l1 Do and r, a aln In full force And effect. The Surat, horsey Stl,u let,, art +greet lost r, cn,.I, as tension of 11me It a I. .Stan or addition to the tans if H't agreament or the spec if l cat i dos 4000dya0, ing too H,l she 11 IA any manner affect its Oil gations on this Dena, ana i_ Opel here. by wain notice of any such change wenf'on. aI ......A ar addition IN WITNESS WhEREOF. this 'nStrunont has Ott' ]ul, all .ttd by the prtncipal and Surety above named, a- JAn.. 20 198 a rn open ' • iy 2y ii 7 rl �� �Q3' Ito' l.in 1� Authprit kri�t I11lt TW= All M KfSi°,iJl PLEASE ATTORNEY SICNATURES MUSTBE ALL BONDS MOU'RI2E0 � P9 RESOLUTION NO. Dee -e7-io 94 -'0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12802 -1 THRU -6 WHEREAS, the Tentative Map of Tract No. 12802 -1 thru -6 consisting of 221 lots, submitted by Lewis Homes of California, a general partnership Subdivider, located in Terra Vista Planned Community has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided to the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements establ shed 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. NON, 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 sane 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 delineating sane be approved and the City Clerk is authorized to execute tha certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this Sth day of February, 1986. AYES: NOES: ABSENT: Jon 0. T ecl —is, ayar is CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and Cite Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Tract Map: Improvement Agreement and Improvement Security for Tract No. 10827 -1 located bet teen Hermosa Avenue and Haven Avenue, south of Wilson avenue submitted by First Nationwide Network Mortgage Company. Tentative Tract No. 10827 -1 was approved by the Planning Commission on July 25, 1984, for the division of 57.7 acres into 321 lots in the Low Medium Development District located between Hermosa Avenue and Haven Avenue, south of Hil,,on Avenue. The Developer, First Nationwide Network hortgage Company, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $898,000.00 Labor and Material Bond: $449,000.00 Letters 13f approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. 6 R.s have also been approved by the City Attorney. RECOMENDATION It is recommended that the City Council adopt the attached resolution approving Tract No. 10827 -1 , accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. 7Re pectfull s fitted, vL ' e Attachments 9/ - . ,. - ,, - - o CITY OF PROJECT: Tr I0B27— 1 RANCHO CUCAMONGA TITLE: _. ENGINEERING DIVISION EXHIBIT :A 9a - CITY OE RANCHO cucAMom IMPROVEMENT AGREEMENT FOR TRACT NO. 10827 -1 KNOW ALL MEN 61 THESE PAESEHTS: That this ayreeeent 1s made and entered into, In conforaexca with tht provision% of the Subdivision Nap Act of the State of California, and of the applicable Ordlnancet Of the City of Ran NO Cucamonga, California, a municipal Corporation, by and between said City, hereinafter referrtd to as the City, and first Notionvlde Networt Noftgagt Company, a California Corporation, hereinafter referred to •s the Developer WITNESSETH: THAT, WHEREAS. said Developtr desires to develop certain real property to said City as shown an the conditionally approved subdivision known as Tract No 10822 -1: and WHEREAS, said City has extabllthed certain rqulrements to be at by said Developer as prerequisite to approval of said subdlvlslon generally located between Hermosa Avenue A+d Haven Avenue. tooth of Wilson Avenue ROW, THEREFORE, it Is hereby agreed by said City and by said Developer as followsi I The Developer hereby agrees to construct at Oovolopar's *opens* all Improvements defcr'bed on Page 6 here. of within twelve Booths from the effective date hereof. 2 This agreement shall be effective on the date of the resolution of the Courcll of said City approving this agreement This agreement %hall be in default an the day follow - 1ng the first analwsrsary date of said approval unless in eaten. $l an of time has been granted by said City as btrglexftar provid. *d 1 The Developer may request an extension of time to complete the tares hereof Such request shall to submitted to the City In writing not less than 10 days before the expiration date hereof, and shall contain a stateaant of circartances necessitating the exten.lon of time The City shall have the right to review the provisions of this a reeeent, tncladlnp the construction standards, cast estimate, and Improvement secur sty, and to require adjustmerts therein If any substantial change NH occurred during the term hsreof C If the Developer falls or neglects to comply with the provisions of this a recent, the City Shall bare the rlyht at any time to cause sold provisions to be met by any lawful means. and thereupon recover from the Developer and /or his surety the full cost and expense Incurred. S. The Developer shall provide metered water service to each lot of said development In accordance with the nyyulatloex, schedules, and fees of the Cucamonga County Water Olstrl ct 6. The Developer shall be responsible for replacement, relocation, or removal of any component of Any Irrigation water sl site In conflict with construction of required Improvements to the satisfaction of the City Engineer and the owner of such water system. Improvements required to be Constructed shall .I. M 9s j Improvement$ required to be constructed shall Conform to the Standard Drawings and Standard Specifications of She City, and to the Improvement Plan approved by and on file in the office of the City Engineer. Said Improvements are tabulated n the Construction and Bond Estimate, here y Incorporated on page 6 hereof, of taken from the ImDrovemenr plans listed thereon by number The Developer in all also be responsible for construc- tion Of any transitions Or Other &I net it wort bayond the tract boundaries as needed for safety and proper surface drainage Errors or coalitions discovered during constructin shall be corrected upon the direction of the City Engineer Revised wort due to said plan modlficatlons shall be covered by the provisions of this agreement and secured by the surety covering the original planned vOrt% a Const,uctlon perottS Shall be obtained by the Developer from the office of the City Engineer prior to start of wort; all regulations listed thereon shall be observed, with attant Ion given is safety procedures, control of dust, noise, or other nuisance is the area, and to proper notification of public utilities and City Departments Failure to comply with tlis section shall be subject to the penalties provided therefor 9 the Oertlo Der shall be responsible for removal of all loose rocks and other debris fro, public rtghts -of -way within or adjoining said development resulting from wort relative to said development. ID York done within existing streets Shall be diligently pursued to completion; the City shall have the right to complete any and all vOtt In the arms of unjustified delay in completion, and to recover all cost pnd expense Incurred from the Developer and /or his contractor by any lawful means It Said Developer shalt at all times following dedica- tion of the streets and easements In said iubldivision, up to the completion and acceptance of said work or improvement by sold C1 Council Council, girt good and adequate warning to the travel ln9 pub Ic of taco and every dangerous condition as in i id street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all Improvements, herein incorporated on Page 6 , to be Oerlormed, each of said Streets not at npb0 as lmpres Hants shall be under the charge of said Developer Said Developer may close all Or a portion of any street subject to the conditions contained in t temporary street closure permit, issued by the City Engineer, whenever It is necessary to protect the public durlag the construction of the Improvements herein agreed to be made It. parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has boon coeplteed Planting shall be done as provided by Ordinance In ac to, with the planting dtagram approved by the Clty Commenity De,N opaent Director. the Developer ShNI be responsible for maintaining all trees planted In good health until the and of the Syuarantled maintenance period, or for one year after planting, whl chewer Is later. 17 The Developer Is responsible for meeting all condi- tions established by the City pursuant to the Subdivision Nap Apt, City Ordlances, And this agreement for the development, and for the malntananCt of all Improvements constructed thereunder -E- c2MR011r. 9y ant 11 the lap roremant is accepted for maintenance by the City, and na Improvement security provided hereinwith shall be released bey or• such aceeptanct unless otherel:e provided and authorized by the City Council of tht City. 16 This agreement shall not terminate until the salntenance guarantee security hereinafter described has both releesed by the City, or until a new agreement together with the required leproresant security has been submitted to tho City by a successor to the herein named, and by resolution of the City Council seat has been accepted, and this agreteent and the Improvement security therefor hat been released is The Improvement security to be furnished by the Developer with this a9raesent shall consist of the following and a a 11 be to a form acceptable by the City Attorney: A. To secure faithful performance of this agreement I A bond or bonds by one or mare duly author Led corporate sureties to the form and content specified by Government Code Section 66199 1 2. An fasroveaent Security Instrument in the farm and content specified by the City Attorney. S A deposit with the City of money or negotiable bonds of the kind approved for securing deposits Of public MOni as S. To secure labortn and uaterlalmen: 1. A band or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66199 1 2. An Improvement Security Instrument In the form and content specified by ins City Attorney 0 A deposit with City Of money or ne90tlable bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the yin al NIP for the settingq of all Doundarp lot corner, and street Cent erltn0 monuvents an for furnishing centerline tie notes to the City The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment In full; or. If no I is suDeltted. the cash bond shall be as shown as the Construction and Sand Estimate contained htraln Said cash deposit may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes end written assurance of payment In full frog the englneor or surveyor 0 The required bonds and tht principal amounts thereof are set forth on page 6 of this agreement. 16. Tht Developer warrants that the Improvident% described In this agreement shall be free from defects In materials and workmanship Any and all porticos of the Improve. aents found to be defective within one (1) year following the data on which the Improvements are accepted by too City skill be repaired or roil cod by Developer free of all charges .o the City The Developer shall furnish a maintenance guarantee security In a sum equal to ten r - cent (101) of the construction estimate ar 1200 00 whichever Is raster, to secure the faithful pert. to of De n�oDais obltgat ons as described in this pay,. Irapn. The maintenance guarantee security shall also secure the althful performance by the Developer of any obligation of the .7. MUNI 9S Developer to do specified work with respect to any parkway m lmeMnce assessernt district. Once the Improve Mints hest been accepted and a mainten6Ke guarantee security has been accepted by the City, the other Improvement security described In this agreement may .a ra leased provided that such release is otherwise V 44 tad by ha Subdivision Map Act and any applicable City Ordlnr ce 17 That the Developer shall take out and maintain such public 1 obllity and property damage Insurance es shall protect his and any contractor or subcontractor performing work covered by this agreement tram claims for property 1948941 which May arise because of the nature of the wart or fro+ operations Yoder this agreement, whether such operations be by himself ar by any :..tractor or subcon actor, or anyone directly or indirectly employed by said persons, even though such damages be not Caused by the negligence of the Oeva100ar or any contractor or subcontractor or anyone employed by said persons The public liability and property damage insurance shall list the City as addltonal Insured ens directly protect the City. Its afflctrs. agent% and employees as well as the Developer, his contractors and his subcontractors. and all Insurance Policies issued hereunder shall so state The minimum amounts of such Insurance shall be as follow: A. Contractor's liability Insurance proeidlnq bodily C or eaten liability limits of not Lass the $700,000 for each parson and $1,000.000 for each accident or occurrence, and property damage liabil- ity limits of not lass than $100,000 for each acN- dent or occurrence with an wre9ate limit of $250,1100 for claims which may arise from the opera- Slams of the Dareloptr to the Oerformante of the work herein provided S Automobile liability Insurance covering all vehicles used In the performance of this agreement Rroviding bodily Injury liability limits of not es& than $200.040 for each person and $$00,000 for each accident or occurrence, and property damage liability limits of not less than $SO,OOD for both accldeot or occurrence, with an aSyrtgate of not to a than 5100,700 which may arise Tram the opera- tion• of the Developer or his Contractor In parforml +. the wi rk provided for herein. 18 That before s`e execution of this agreement, the Developer shall file with the City a certificate or Certificates of insurance covering the fpeC1!It4 Insurance Each such r.rtfticate shall bear an and. - servant precluding the cancellations, or reduction In caverage of any policy •vldsoCas by such certificate, before the e,airatio�- of thirty (30) days after the City shall have received notiflultion by registered mall from the Insurance carrier As evldench of undo" landing the provisions contained herein, and of Intent to comply wit. bone, the Subdtvlder has submitted the following described Improvement Security, and has affixed his Slgrature hereto: WNWAMP. 96 FAITHFUL PERFORMANCE Type Principal Amou,t: $899,000 00 Name and address of Surety: MATERIAL AND LABOR PAYMENT Type: PrinaipSl Amount: S449,000 00 Name and address of surety: CASH OEPO:IT ROAUMENTATIOR Type: Principal Amount: S $.800 00 Meet and address of surety: RAIMIERARCE GUARANTEE Type: Principal Amount: M/A Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HERECF, the parties hereto have caused tease presents to be duly ea ac used and actnowledged with all formal)t laI ra Rwired by law on the dates Set forth opposite their atynaturet /,d• T `y.TlONMIDB 1R /rAORN I�RTOACE COMPANY oats IS /T /85 eyl �!_l VW l . Tw'11 % ,Developer /— "— Signature / Priiiea Date t+ >-d CJ- by A `�-n Y.t..a.' ,D.., +'+••_ nature �SNOE(_ M GA,EC,o r e e Accepted: City of Rancec Cu ueonga, Calif Or ela A MYaICIPai CorParatlon By: _, Mayor Attest: City Clark Approved: DEVELOPER'S SIGNATURE MUST BE NOTARIZED .5- .� 99 SUIDI VI S I ON GUARANTEE NO PERFORMANCE (SEDTIMG OF FINAL MONUMENTS) City Council C y of Rancho Cucamonga F 0 B 0 A a07 Rancho Cucamonga, Calif ... la 91770 Gentlemen: Pursuant to Chapter 4, Article 9, Section 06497 of the Gortrnment Cole, the undersl ne4 hereby ayrtes tmet •11 monuments shown on tM final map of Tract No 10897- ere to be set and furnished by the su b dfvi /er's eeglneor or surveyor an or before 12.,1.{6— n SDectf Nd In tit tngnneer's or Surveyor's Certificate ante and agrees t0 furnish the net es thereon to conplate all engineering re qutrecents specified In Lectlon 66197, of the Government Code The undersigned hands you herewith the sum of S 7,000.00 as a cash deposit, said deposit to guarantee that the monuments ell' be got and the notes furnished as above Provided on or before the dale specified and that the engineer or surveyor +711 be Da Id by the undersigned. It Is further understood and agreed that in the event the undersigned falls to complete the above requirements within the the specified, in• City of RanChO Cucamonga Is authorized to COmDletf Said ♦equllements or cause them to be Completed and the cost thereof If to be a Charge against said cash deposit, and the City of Rancho Cucamonga is Authorized to Mate the necessary transfer free said cash doDO Sit to the credit for the groper city tuna It Is further agreed that If the undersigned does not present nidence to the City Council that he has paid the engtmmer or surveyor for the setting Of the final monuments, and If the InglOetr or surveyor glen [he Coll Ces prescribed In Section 66197 Of tee Govar� men[ Code, the City She Day to said eegister or surveyor, the cash de poste her In Made It !no cost Of completing said requirement[ eeceeds the &.aunt of the cash dOPOSit, the undersigned agrees to pay the difference within th'rtY (70) days After reeelving written statnnt from the City of Rancho Cucamonga specifying the amount of the difference between the Cash deposit end the actual Cost Of said requirements Cord ally, , _16T "ATIOWIDO NBTNCMM MORTGAGE COify , Sutdivider Sena South Sepulvrja Lem Angeles, California 90045 �Address / Date / rn / %q- ✓/ The der of record (tor return of any pprtlon of the cash depOtit) lt) %h Shell Op 1ST MATIOWIDC MRT11ORa WPTGACC COMPANY, 9600 So. Sepulveda, Lee Mgnl (Name)rate 900v NOTE: TO BE SUBMITTED FULLY FILLED OUT AND SICNEO t, 9P 1ST NATIONWIDE SAVINGS Decembwr 2, 1985 City of Rancho Cucamonga 9720 Base Line, Suite C Rancho Cu.:amonga, California 901701 Reference: Irrevocable Letter of Credit No 622 -5 Tract No. 10827 -1, Faithful Performance Gentlemen: At the request and for the account of let Nationwide Network Nortgaga Cucpany, we heruby establish in your favor our Irrevocable Letter of Credit No. 622 -5 in the amount of EIGHT HUNDRED NINETY -EIGHT TP.OUSA %D AND NO 1100 DOLLARS - $898,000.00. This Irrevocable Letter of Credit is available against your sight drafts draw on First Nationwide Savings, a Federal Savings and Lana Association, and accompanied by your letter certifying that the City of Rancho Cucamonga Is entitled under its agreement with let Nationwide Network Norrgage Company, relating to Tract No. 10827 -1. Said certification shall be final and binding on the right of the City of Rancho Cucamonga to so draw. The s—unt available under this Irrevocable Letter of Crelit No 621 -S will be reduced from time to time to the extent of payment of your drafts or upon your written authority draw hereunder and upon your request, upon receiving from you a letter certifying the amount b; °itch this Irrevocable Letter of Credit No. 622 -5 is to be reduced, and the amount that will be available hereunder after such reduction. This Irrevocable Letter of Credit No 622 -5 expires on Nrtch 2. 1967, to the United States of America. We hereby undertake that your drafts when drawn under the terms and conditions of this Irrevocable Letter o! Credit will be duly honored by us upon presenta- tion. Please ensure that all drafts bear a reference to our Irrevocable Letter of Credit No. 622 -5 Respectfully submitted, FIRST NATIONWIDE SAVINGS A Federal Spvings and Lea) Association /1 1 1/1 7 ' 1i ,. By: ..c— Ae e t 7 nne Rees, Assistant Secretary IKa aaum smd..a. 6auN.w US,uq,h to t00rs mlL Waxp N 1ST NATIONWIDE SAVINGS December 2. 1985 City of Rancho Cucamonga 9320 Base Lino, Suite C Rancho Cucamonga. California 91701 Reference: Irrevocabla Letter of Credit %o 630 -5 Tract No 10627 -1. Labor and Materials Gentlemen: At the request and for the acc==t of let Nationwide Network Mortgage Company. we hereby establish is your favor our Irrevocable Letter of Credit Nc 630 -5 in the emouct of FOUR HUNDRED FCRTY -NINE THOUSAND AND NO /100 DOLLARS - $449,000 00. This Irrevocable Letter of Credit is available against your sight drafts drawn on First Nationwide Savings and accompanied by your letter certifying the- the City of Rancho Cue monR-. 's entitled under its agreement with Ist Nationwide Network Mortgage Coogan; luting to Tract No 10827 -1. Said certiticaticn ,hall be fina l and bitdin: n the right of the City of Rancho Cucamonga to so draw. The r=unt available under this Irrevocable Letter of Credit No 630 -5 will be reduced from time to tf�^ the extent of payment of your draft.. or upon your written authority drawn hereunder and upon your request, upon receiving from you aletter certifying the amount by which this Irrevocable Letter of Credit No 630 -5 is to be reduced, and the amount that will be availablo here- under after such reduction This Irrevocable c ter of Credit No 630 -5 expires on September 2. 1987 in the United States or America. We hereby undertake that your drafts when drawn under the terms and conditions of this Irrevocable Letter of Credit will be duly honored by us upon presents- 'Lon. Please ensure that all drafts bear a ref.rence to our Irrevocable Letter o. Credit No. 630 -5. Respectfully submitted. FIRST NATIONWIDE SAVINGS A Federal Savings andrLoan Association By: S)!:: ca ne Reed. Assistant rocratary /DO lace eau=aarw.aaa eeuM.wa tar Anetwl CA 2aw2 Ir111142-0 RESOLUTION NO e@2 e5 !±!t $gyp - 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING - MPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 10827 -1 WHEREAS, the Tentative Map of Tract No. 10827 -1, consisting of S6 lots, submitted by First N.tionwide Network Mortgage Company, Subdivider, located between Hermosa Avenue and Haven Avenue, south of Wilson Avenue has been submitted to the C4ty of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet 'he requirem_nts established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreenent 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 delint:ted thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows 1. That said improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City 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 delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this Sth day of February, 1986. AYES: NOES: ASSENT Jon D. Mikels. Mayor /0/ CITY OF RA.tiCHO CUCAbIOYGA STAFF REPORT BATE: February 5, 1986 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician a °4: C I9 C '° 2 ux � 1977 SUBJECT: Approval of Improvement Agreement Extension and Improvement Security for Tract No. 10045 located on the northeast corner of Hidden Farm Road and Haven Avenue Tract No. 10045 improvem_n' eements were approved by the City Council on November 14, 1983. The Developer, H. Y. Matt, submitted an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $82,000.00 Labor and Material Bond: $41,000.00 At this time, the developer is requesting approval of a twelve month extension on said improvement agreement. RECOIKMDATIOM It is recommended that the City Council adopt the attached resolution accepting said extension agreement and security and authorizing the Mayor and City Clerk to sign said agreement. Re pectfully su:Fattted, Attachments /01 CITY OF PAROIO f1RAPORCA IMPROVEMENT` EETERSIOI AGREEMENT FOR Sit 100 /S CRP! ALL MEN BY THESE PRESENTS- That this a9revornt It old, and entitled Into. In confonancs etth the proSWORS of the Subdivision HAD Act of the City Of Rancho C"Saetga. CallfOrn H, a a.mlcipal corporation. by and Mteeen l.M Wd City, hereinafter referred to N the City. rd N. T. Nett referred to at the Developer. YITIESSETH: 711% S=EA. said Debt- enr,cd .rte an hprom+rr. 49ceeeent rill. the City as a rMitite to Isfu Ante of bullafngs "amts and WHEREAS. tam Omit", desires an eatenslnn of lies to Coeplele the SAM of tha said ippmavnt Agreeaent. NON. THEREFORE. It is hereby agreed by lM City and by said Developer at folIwS: 1. The tagletloe date of the tern of the Said IpoveaMt Agrement Is hereby eatoged by a period of ly wins fret the date of oomcll approval of this Igroreuent Extension Agreement y. 1Mrease in ipovfaent tecurltlee to refl Kt w1vt IporoeMt psts Shall be turn10e0 by the develOper x10 tnit Agreeeent and shall be approved by thA City Attonp. 7. The fmilred Wit And the additional principal aowntS thereof are Set forth on tee attached Shpt. a. All other lens and condltIMS of the said Iporteent agretaent shall 'teas. the tax. AS ,Iftnu of anderst Andln9 tee prprlSi Plf obtain" Lein. and of I. Wt to cmpty I" sever the Developer MS fuEeitted the belw detcrlbed loomiaent smrlty, And het efll.ed his ,ignature hereto: FAIIIDIE PERFWPRCE BOO Description: Additional principal Aeayplt: Ilona Surety: Address: MATERIAL AND LABOR BW Deteriptlon: Additional Pr InCIPAI Mount: More Surety: Address: CASH DEPOSIT MMOKRIIIO BOND MIA Additional Cash Depaslt. MINTIIWCE DDAAAIREE BOND N/A Princioal Aocunt: To M potted prior to acct"[anc :of the pnjtCt By City. .. .................... ee «.. .. « .. ..... ...... [ITC OF MNCHD NGMOIG[ DEVELOPER GLIfO1RIA, e Q. fillet corporation JOO By: Attest: M,yn L RmM. on thin Slat day of Dachhbgr. 1985, Won e Denonoll9!PIV lira Y. Ehtc. TrIltae. ,v y u e[, y e of !b[Ban L ktel.q 'Trans. Itn,a [a ae Or /03 NOTE: OEYELO fH/i'4Ydil6lk iRMIN&Adt RAY— etas — to nALatbed to thin Lut[,nm[ and aal,71,di;Ad/f::F 71i nnxted_a° for the RESOLUTION 140. EBBS =DM 8(0 - / D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 10045 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for Its consideration an improvement Extension Agreement executed on November 14, 1983, by H. Y. Watt, as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located on Haven Avenue north of the Channel; and WHEREAS, the installation of such improvements, described in said Improvement Extersion Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as Tract No. 10045; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is fdentffi.-d In said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucar -,iga, Califo ^nia, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED. APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: Jon 0. MFke-Ts—.-Ka—yor boy — CITY OF RANCHO CUCA,1fONGA 'CAA STAFF REPORT n. l L >LL� c � l� D DALE: February 5, 1986 7 uen T0: City Council and City Manager FROM Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Tract Map, Improvement Agreement and Improvement Security for Tract 12673 located at the northeast corner of Church Street and Terra Vista Parkway submitted by Western Properties, a general partnership Tentative Tract 12673 was approved by the Planning Commission on March 13, 1985, for the division or 29.814 acres into 1 lot within the Terra Vista Planned Community Medium Residential Development District located at the northeast corner of Church Street and Terra Vista Parkway. The Developer, Western Properties, a gereral partnership, is submitting an agreement and security to guarantee the construction of the off -site improvements to the following amounts: Faithful Performance Bond: S278,000.00 Labor aid Material Bond: $139,000.00 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. RECOMMERDATIOM It is reconnended that the City Council adopt the attached resolutic approving Tract ' ;o. 12673, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause said map to record. Re=Dectfulfy daitted, ! �(� i :L de Attachments /o r • � � . {a.}_�,;: ;, t is = : - �'z'�•- ,�'-. -: } iii { {{ I _/ - 1 /-. , ^+-. • ' r. " d� dr-L CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION /ob PROJECT: To- &4t IZ473 TITLE: EXHIBIT;_ A v CITY Of RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR Tract 1267) RNOd ALL ME' eT THESE PRESENTS that this agreement Is made and entered Into. In ddnformance with the o•ovlslans of the Subd NlSlon ago Act of the S -ate of California, and of the appI -Cable Ordinances of the City of Rancho Cucamonga, California a municipal carooraUOn by and between said City. hereinafter reffrred to as the city, and WFSTEeM DPOPF (TIES. A 22=0 nerelnilt7er Sea to n the ewWe111. WITNESSETH: THAT, So AS, Said Developer detlres to develop certain .vet praOertY In tAld �raci as fyliown on the Conditionally approved cu Silica knew, al and WHEREAS Said City has established Ce -ttin requlrementt A at by tale OeveloPer at 0111411 n-H to 82Prov at of told division generally located Aim east a( wren, sou to of ease Lim NOW, THEREFORE It It hereby a9 add by laid City and by gild 04.1101er as follows I The Developer hereby agrees to COnttruCt At Gevelope s expense all Improvements detcrimed on Page IS here. of Athln twelve months ham the effective date hereof 2 this agree +eat shall be effective pas the date of the resolution of the Council of said City approving this agreement This ag -eement Shall be in default on the day follow - Ing the first anniversary date of Said Approval unless an Satan - tloo Of time has been granted by Said City as be"Inafto• PrOVid- ed ) The developer may •equalt an e.tentlon of time to complete the terms hereof Such request shall be submitted to the City In mrlt,ng not loss than )W days before the expiration date hereof, and Shan contain a statement of circumstances necessitating the eatenslon of time The CIt7 Shall hall the right to review the provlNors of this agreement, Including the construction standards, cost estimate, And Improvement Security, and to require adjustments therein if any Substantial cnange has occurred during the term hereof 4 If the Developer falls or neglects to comply with the provisions of this agreement, the City Shall have the right at any time to pause said provis ions to be not by any lawful meant, and thereupon recover from the Developer and /or his surety the full cost and uoense Incurred ! the developer Shall 1r0vlde metered later Service to each lot of sold development in accorda.ge with the ra9ul4tleng. schedules. And fees of the Cucamonga County Water District 6 The Oerelooer shall be •esoonsibl, far replacement, relecatl0m or removal of any Cosponent of any Ir,191tlon water system in conflict with Construction Of req+treo improvements to the Satisfaction of the City Engineer and the Owner of such water system. -1- /O% Tracts and Cotn7ind. P.M. T 1•910.e16ntS rtoul•eq to be constructed Shall COnI0r1 to the St a ndod Or am ingS and St anaara SptC I l CALI erns of the City ana t0 the Improvement plan approved by and On file 1n the office Of N, City Englrtfr Soil lngra.enents are tabulated OR the Construction and Band titlaate, hereby Incorporated an atom 6 nyeaf as taken from ins improvement plans listed thereon by number The Developer Shall alto be •*%2gmsIot@ far const"c. Lion of any tranSltlant if other Incidental work beyond the tract boundaries as receded for safety and proper Surface d,alnags Errors or 0111n1Cns dlsco'e'ed durt.g COnstruc•in sna l, be Corrected upon ink o vection V tm• City Englnte• Revised +ark out to Said plan modlflu•10ns Nail be covered by the Orovl",., 01 this agrnstht and Secured by the fre[l C..eri.g the O. qt yl planned +arts. 6 CamStructlpn plants Shan be oatalntd by the DtvtlaPer from the Offltt Of the City Engineer or or to Start of Work, at rtqulatl0ne I_ISt1d thereon she 11 be observed with anon NOn given to Safety Prochdurel Control of dust noise or Other '.'Sand t0 the area ana to props• nO III1100- of public utilities •red City Departments can we to meply with this Section Shall be subject to tht penalties provided thn,for 9 The Ct.tio,er mall be responslblo for read nl of alt Host I. OCkS and Othtr door IS from pups iC right% Of way wl t,ln ar adjolnthq So" 41re1OPmemt resulting fro, +ark relati.e to Said development aw per. pone 0ltntn nistinq ft•<RS Nall lit diligently pursued to complttla• the -.it than hevt the right to C0.014te prey and all wart 11 the event at u+justtfled delay In Camp lotion and to rtco•er all cost and evOensf ncirr cc Ir01 the Derelope• and /0, is contract,, by any ta.fui nnns 11 Said developer shalt at all tines foliowing dedics. tlan Of the Street% and tatements 11 toed S.bldlrltian .0 to the CanplRlan and acceptance of said ware ar 11p,ov<aent by said City [o.nc 11, give 9010 one aee devote mining to the treveIIm pup, la Of -Cm and too' dangerous condition evi4Nnt In fate street ar ealnent, and will protect one t ...... no pupils from such defective or dangerous tandltlans Until the completion 0f all IWO,ements, heroln Imco,OarJ[td on Page 6 to be prefareed each a• %tad streets at aCC,ot&d a% I.PrlrelentS Small be under the charge of said 01,1110,, Said One l%par mb CIO" all or a 90,111, of any Street fvbje,t to the Conditions COntalned In a tHparory street C10S.,t permit Issued by the City (nglnnr whenever It i1 ntcessa•y to protect the Duel is during the Construction of ens ImprOvOsImts herein agreed to be made 12 liarbiay trees required to be planted Small be planted by the Developer after other Imar ore *nt ..r t, trading and clean., his been comp,ett4 planting %hall be dint as Prow Cod by Ordinance in ac car dance With sna planting aNgraJ approved by the City Com,unl[, Ot,elap lemt 01,ector The DtvellPty Shall be responsible for melatalnlmq all trees planted 11 good health .nt II the end of the guarantetd ealntem NCe period, or fa, one year after planting, whlC11ver is late, 13 The Do.elaar Is reSPOnstbla for •ettlmg all Cahill. Lions tttabllshad by the City Pursuant to the Subdl.lsto. .t. /08 Nap Act, City ordiances and this agreement for the devolope Mt, And for the •a.nte"'cc Of all mp,O,e.tAtt constructed thertunder unt I the iwp- O.ema"t It accepted for maintenance by the City. and map Inoro,egnt llc,r,ty 01111ded nerelnmltn shall be released before such OCCeptllct unless Oth VwIS* pfd +Iced and Aothorttod by the City Council of the flly lA This agreement shall at ternlnate until the malnttnAnt- 911-antte %tC."te hVe,nafter described has been re posed of the City or until a ne. agrentnt tegttnfr with the ,uu'red improvement security has been Su:eltt*d to the City a, a successor to the herein named and by •esolut on of ant C ty CCYntil sit* has peen Accepted and this agreeeent and in* i.010, cent Security inflater hat bun released Is The I.prOVement SeC.,Ity t0 be •U,,,S.td b• the OUelOpP W1th this a9•f Herat shall COnsIst Of the 101 lowing Ind snail Of in A /pre aCclptAble by the City attorney A To secure faithful pf r•orm ante of this a9reeeent 1 A bond Or bond% by one Or "Ore duly autnerl Cad colda,at* *.,*ties In toe for" Ind content spetifled by Government Cede Section 65199 1 t An lmp•a.ement Security Inytr W.<nt in the far. and content $Pacified by the City Attorrey 7 A d*Dotit with alit City of want, or nt9etia0lf bond% of the kind approved 10, ttc,1119 de OttltS of public monies 6 TO secure labor*,, and note alma, 2 A bond Or ponds by one Or Acre duly uthOrlted 10100'atf Suretlft in the form and Conttnt _ S^e.lflfd by Go e,nment Code Section 66499 1 Improvement Sfc.,,te I'll r u a ant in the fora And Content Speclfled by the City Atte,ney D A Seposit With City of money o, negot.51e bonds Of t t Sind Approved for securing C. A cash deposit with tee City to guarani** payment by the D*v*IOpa, to the engineer ar su.. eye, note Certificate appears Capin the Stall tai for the s tting of all hound&,, lot Corr,, and Street Canterllne monument% and to, furnishing Centerline tie "Ott$ to the City Thp amount of he deposit may be any amount cart 'tied by the engineer or turnyor at acceptable payment in fun, or If n0 Value It submitted the tas' pond shall be A. momma an the Construction old Sand Cstlmat* contained floral. Said Cash deposit may be refunded at toon as D,oCt- Our* pe•mlts After .ocelot by the City of the Cfnttrlln* tit notes old written issurtnC, of Payment In full tram the enginaa- or s ... eyo, D The re0ul,td bonds and the principal amounts thereof Ara Set forth on page 5 of this agreement 16 the Developer W -rants that the ImprOytnant% dascrip*d In this agreement Shall be Ire, "a' defects in mater Lit and .or an... ,, many one all po,tlans of eh* ........ pants found to he defectl,e .limn one (1) year following the data On which in* lmp.a,e.e.tt are aC toted by Cne City the be repaired Or replaced by Developer flee o, all charges y City The Derelope. shall furnls, a maln,enance 9ua e se Curity In t sum *Dual to ton percent (10%) Of the Construct .3. /0? tstlmate or 5200 00 .elch"81 is greate to secure the ftlthfui Pelf OrmlRae If 31.el00er s 001.9...0.. of ..... be. In this oar.• Elan the "Imtenance guarantee ...... ty shall also secure the A'thful performance Oy the Oe.etOpar of any abtlgst.on of the 0e.elooer to do spec if led wdrt •Itn respect t0 any partway maintenance assessment dlatllct dnCe the '.prov"eAas have peM "Ceotea and . aalnLen.nCe gulf .tee StCur if has Dean accepted by the City the Other ImprO.enent saCurlty described In this agreement may at released or O. 0.0 that ...n .esea', " 'that.", ""oriled by the Su%dly "lpm Nap Act and any applicable City grdinaoce 17. That the a2voloper shall sate Out and .mint aln such pub11C Ilablllty Iva p op Pty de +age 'n ...... e ., shall protect his and one cont•sete, ar S.3c.,tryCtor perform 19 work Covered by this agreeaent from chin, for p•aoe•ta dan.ges wh,Ch may elite btCluae Of the nature of tnt wort Or f 0, ODe Ntlani Vnder this agraimtnt •hither such OOerlt�On1 be by • "%elf or Oy any Contractar or subcontractor, Or any0.e dlrettly Or end Rctl, employeI by sale Persons even though such da'a ages aye net Caused b1 tna -egllgonce a the 0 •e oper or any C3mt-1Cta• or Subcontractor ar anyone eeDlpyta by aim pe'so's The public liability and property alma9t Insurance shall "It the City as additonal Insured 'Ad dl.ec•ly protect the :Its. its afllClr,, agents and employees, as bell s the Develop.,. his contractor% anp his a.bCo.t- actor, and all In%w do ;f policies Issued hereunder shall so state The minimum amounts at "'A ..%..ante shall be as (0110.1 Contractor s lability Insurance o-p.ld"q bodily 1n)ury or death liability limits of at less the 1300,000 for ehCn person ono $1 000 000 for each acl dent or 'c"orenCe and Drooer[y donate sty limits Of Rat less than 5100 000 to, each acci- dent or dccurren•e with an 499re9,te limit of S250,000 for -lams which may tribe from tee oper.. Hans of L:0 Developer In the perfarn,Ace of the wort here'- provided Auto -o011e liability Insurance covering all vehicle atte In the DerfarmanCe Or this agretatnt ardvld.n9 badIly In7.ry 1'ab I,ty limit, of at l sif en.n $200,000 for each person and S300 000 for each lC7lde +t Or accur -enCe ane araetrty dlma9e 11abl "Y limits of not loll than %50 000 far each acct at t or occurrence with In aggregate of not lets than S100,000 which may arise from the opera. tlons of the Developer or n s Contractor In serf Of0ing the wort I... Idea for herein is That bar,,, tee ...Cana, of this agreement, the 0e1e10otr .hall file mire the City a certlfltitt or CertiflC.tt, of Iniuro.ce CO.trinq the specifies Insurance Fat% such Certlfl ate shall Dear an fnddrt .bent precluding the cancellat'O's, ar eductlll 'n cave'a9e of any Dullcy evidences by Such Cart VlNte, before the •.p "a l a+ of thirty (30) days after the City shall hale rlCe-,ed not ,elude. by r,gittered mail from the Insurance Carrier As evidence of undo standlnq the Oro.•%lens contained herein, and of Intent to Lowly with same the S.bd'ilder has subm.tted the following described Improvement sec urlty and has afflmed his signature hereto .a. //O FAITHFUL PERF004ANCE type Pr.nc,ojl A.ount $276.000 00 Rue and addresS of f.rat DEYCLOPERS IRSUPAVCL COMPANY l 333 Wl l SllrA An veto CA 92301 MATERIAL AND LABOR PAYMENT type: Pr..... al Aea.nt $131 -2 00 DEVELOPERS IASURANCE COMPANY 14.1 and •ddle's Of tarety 313 N1l.1Hre AraOete CA 9260. CASH DEPOSIT MOHUMENTATION Typt P".C,Psl A.O.nt $1 250 00 Flee and addreff of Sprat, MAIRTERANCL GUARANTEE Type P11ncloal Aeounl Maee and address of Surat, TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS MEREOT the dun el nereta hale C4wsea theft preta.tt to be duly SafCwttd —lT'd acknowledged with all fOrealltlef redu'red 0Y'`U On th da tef Lt •0 rth ocPa•�te [fell Sig naturtf C vat a /-.70 $tJ Dy l^ rl »e Aeent 40.1loper sty" t.re QI7: NMRD Q Lrd t• Date by 1 r. _,0e.01001r signal.,, Ante ACC&PteO: Cl t, or RaMOhd Cucaciongs Callf.rnla A Municipal Corporatsoh By Mayor Attest ADProred: DEVELOPER'S SIGRATURE MUST BE NOTARIZED .5- Bond He 1 9167403 Premium 71,666.00 FAITHFUL PERFORMANCE BOND untI[AS. too City Countll of in. Cltr 01 gameho Cucamonga. State OI Cal-for-la ant WISTEPI PROPERTIES. a .corral me" "N�l (h1-einafter dot grated as 0•Inc101 n of enerrea �ni0 an ag'$0ment .h e.. Dr ..InH oaf a9•tls to Inslet: and CO.Pltte Certain designated D.bit, I...... gets, which llld 'gref•tent. dated Proje n• ci l9B and Idlntlfltd as pro)r is ropy re Mend to and made a Dirt nirl'.�d WHEREAS, told PrInCIPaI IS rgW"ed under tee tams of said eg.r•men• t0 furnish A bond far th1 faithful iterarnanc, of sale a9'et.ent %OW T%Za(FORE, we the principal andp�.T.COne flV-.�tay, -T QjrpayT as turnty, all held and !lowly Pound [0 ire , t�'' —R-a n pp0 Cuc asanga thereinafter Call td - CIt)') In the panel Sum of tw honored led salt.ty -elo%t teeusano ..... ...........................TT-,I Of +nLn Sue will wa nd by 1 0 lot Un,teP stet P, Y,y *rt heirs, successors, eeuula $ 10 be lea his[ -ate of au Jointly And $0101,111, flrmly by t,$0, ..!tent. Th• Condition Of this Obll94t10m It tuCh that It the ,bo,e Jaun.e0 arinC lD,l hit or Its "*let et ... to's adifnlstratort, %u Crff ors Or asslgnt %hai In all thing, It"' to and able. by, ann mill anp truly oleo and ...form the ta•enahtl, c1ndltl0n6 and a•o•tslonI in the Said agreement and any a ;teration thereof made A there m ..0.1010 On III ar the,, Dart, to Of leDt and nor t•ya at the it., and In Ve urine- therein .Decaied and In " 1 101PICts according to their tree Intent a•d .Awning. and the l I indemnify and Sale harmless City. it, offlc,rs, agents and OmPICyme4. Al therein stlpl IAted, then this obligation shall be<O., null and told; otherwise, it %hall be And rtmain in full for CA and ,!fact As a pat Of the obligation .eCured hereby and In addition to the face Amount .11ell1ld therefor lnat .hall UR Included costs and IOASOR&blt lapenSts and Ig f. Inc lud Ong lei.ogb4 act LIaY1 Iu., inC Ur.Od by EItI In fuc<esf /ui ly en forcing such obligation, all to Oe taxed of Costs and ncluded in any lud9.lnt 'Ordered The surety hereby sti.0 atts and agree% that 40 change, latension of time altlratlO• Or Addition to the to Cs of tit, +e Wins ar * the ware to OP performed thereunder Or he speCl- r(tatlon3 Accompanyihq the l4.0 shall In any-,.* a -fact its aDltgallons on this bond And It dot% hereby g „e not Ce of any f uCn CharQl. Retention of t,mf, alteration Or Add,tl" t0 the t,1rf Of the mgr edmtnt Or to the York 0r to the %pfClfiCatiOns yIN WITNESS WHEREOF, this Instrument has been duly axecut,d by the PIInHpal and ICletl Alcoa named, 0n t."', Is . G ' OEVODPkAN IuSURA= 01(7 R =r— Tun ty \/ Authorized 9n atu ra 't Horne n- ` Agent C. S act) onfer PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS StGRATURES NU ST BE ROTARIEEO b/d- Bald No: 9I V403 P"PIM lal In P"Pomeufee LABOR Aye NATERIALNEN 0040 WHEREAS, the City Council Of the Clef Of Rancho CUCa40n94, Stale of California Jnd MCS1ERp FpOpFRT f[S a aenral artnennlp (hereinafter des l gnat ad as Con n[rpa F' nay enter• into �n A9retment .hereby Principal agrees to Aittll and ComPitte certain designated post In IODrovevients, which sold &9rlament. dated , 198 and Identified as project }r act rl hReCy Tjr irred t0 and made a part here., ana WHEREAS, undo, the terms o kid a9rvenent. Principe Is required air *,, entering Una, I puforgnce of the •ore, in f lie a goad ono ,-fflcltnt Oaymeht bend with the City Of Mancha Cucamonga to secure the claims to which reference Is made In Title IS (0gntenCi09 with SeCt10+ 30021 of Part t of Division 2 Of the Civil Code of in* State of California NOW, THEREFOgE said yrl"Cloai ana the and ✓ signed as A corporate surety, are hold firmly bound unto the CIS, of Rancho Cuump and all contractors, Subcontract*". Iab.'ers, Mtfr H nga can and other Persons I.Ployed n the performance Of the aforesaid agreement and Caff'- ad to 11 the info esald :clis of C1r11 PrOCe4 •a In the sue Of aM humane and thletym(no thousand Dollars (SI29.000.00 ), for materials urn,sned Or a or t.veon or any kind, cr0r &AOUntS due under the Unemployment Insurance Act with respect to such work or labor that said surety will pay the fame .n an &m0u.nt not OeCe641n9 the Amount herelnabal* set forth, and at d In Case suit Is brought upon this bond rill pay In addition to the face &.aunt thereof roses and reasonable expenses and fees, including reasonable attorney's fees, Incurred by City In Successfully enforcing Such nb ligation, to be awarded and filed dy the Court, and to be taxed as costs and to be Included In the Judgment therein render,d. It is hereby a.," sir stipulated and agreed that this bond shall Inure to the benefit of any and all saloons, Companies and col"r&t Ions entitled to file claims under Tltie IS (sentencing .ItH Section 3092) of Aart a of Olrlson 2 of the Civil Code, so •s to 9410 • right of action to the. or their assigns In any Suit .10-ght upon this bond Should the con41tla. of this band be fully perfor,ed then this obligation small become null and .,Id. otherwise it shall be and remain In full fore* and effect The surety hereby it l pulates and agrees that no Cho It t AtORSIG" Of time alteration Or addltlon to the tares Of or d agreement or the fpeclflcati0ns accompanying the same Shalt In any wanner affect its obligations an this bone, and It does here• by waive notice Of Any wch change, extension, alteration or addition :N WITNESS WIERIOF. this instrument has been duly etecuted by the principal anJ Surety above named, an Jarwry 1T 199.. ' f@ ere ep r — `$urety ( t T Autlorlted ,Xf4 ur* �— 10rcn ay�i Act PLEASE ATTACH POWER Of A- 70RNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED 13 /IIR[ROFAFTORSEI N4 012606 DEVELOPERS INSURANCE COMPANY P O Box 3341 Allallnm. Calif 92807 ITPOt \J 111%uW Ir .....• a nu RNON ALL MP Rl IIIESE PRESS V i 1 W OL\ [LOPE RS ISSI RASE[ CO \I/ \NY. A <ppnrw dek wpwrta am lwnl n.drr IM Yn ddr SI.k d C.WwnA aN N.rq n Name OOn a rN C.v d iuhvA C.NwnJ dm A.rlh rvar navlml.N+,T.AI David C. Banter n Ilw .•N Y.IJ AlrprnlMSEY. 1. Nb ! V.INr .nl .N M.n Iw .N m b hNtl n rnn) . aN id Mtl. p .Nrn.LAP n H Yr.r V rYA .er,., ll•O)IXO rn ueEkuN.n.I CEa pd.n ...Mo.N rn wNrM <nM.r• -ogng. .m .du.A b rN v, 4.., Nab .ntl ur. <wprw .[J d rN .wpfu.+..N dd..rwcd F x. Snmar. NrtN rr.l.wd .N .vdennL Ili .m d AnMnr•...FM N. da ..Ago! pr...n. T.n p.n d prer.n n FmwN OanN.r f. Anak Iv Amma t I.m 17 d lhA... d OCl [L W[RS IStI RAMC[ fo \IPANr adaynN a rN IMN al dM.rtk nv .N rw mlalwv.m.nm Anak1\ AR..nAardro AMAwn dRnreAl AhwarSnm.m.N MwM+rtF.n.N.in•.e clP LlW P +mx.N N.M APP.mlm. Nenw 11 TN J%yu2.. d W lb.N IN PmWd an \ Reu4n v.) SmlMn w..y Tm.um w..pun Mwwy...IM d.pw. ual p.n.m.murv. .. MUddw GmrNmrkn mpau.l POw rMnrn lw.mp NNtl NrN nrPnalm re e.nreeaNdM1.n .m aR.IN.rr doft rapvr.rw dime Ypd, vmnua.p rwaJmaawn ...... uvn. w dNl.me. ettJMrp. m rN utvrt rNreel.N an r.w wY mro.l.r.[k Ywrn.AlM w.Pn.N me1..N p.n lm..axe. p.p la am imm IJ An Lom .NnU \rnL •nrynrt.n.v .awn 0 •eM to .rmn elirp.m w M! A.•un .Mld NY N ..w aN k" .la Ilr. .w/anrus aN. W..J.) III Clmrm.A drN R fd IN PmJm an t" PnW,w o, *a. Tn...m.N dJ) st YAM nakd d a.m.rtpvld N.e.l.nemn r. r. Wwd N rk Llur.re.e d iN RepJ rte P. -.n tar Pn.rdenwant T.wl..N<.aw<r.M.N." d..Ns rtavrN A.. d.h ..f ggdT nrwrrn.HM n .pm .m., uK! NN .mnYt ry mWe.nrn .M.em d.Vn, ,, .mn e"". m IN rww rend ...rr N ..m .m wm q vla. rN .wpmlw .M del I .c.Id !m r..W I • h) to r.yrared N er.! d wd .ratan. .o w Idem. Pr.ruwragod wlm not --I d 1W.Vo0oo Oan.dti M w rNe l rrt Nnnor, 1Sn p.,, d.rrw.n ..Fnd.A1 w"et.m L).rewA) d.kr tme.rq A... NrN RaN d O.adm M 0[t ELOPM ISSL RANCE COtiPASY.Y••^^WdJ.<aAN am Nq a. NUNa) d ANat 1912.N AONJ R..alsuae N. nw Nn on Id, ,, rt goe 'RESOLL W. rAU rN nrwun d.M \AnPn.gm w Anwn {aalun .. ..x.rrpwnNn w) N.I'n.d w P+ml w.n pe.n d.nwwY w.eT w d .r p.n d .nww) w wndaw tranN w.tl I.n ®k.tn.lun W NJ .w b ..m.N AN W uPp rN appwars rk.v k! el d ILf <wPw.rree n.11nN w w.f p..r d.nwr) mevlme d.M P.and.dw .! w wndun Ta.N.larw.k Np.ran' lUlll[ 1 IM IF.n.wak....rv..n .r pefn.k. porn NeJ..Nrn I L.M1•w ,d. n...r .n..I P. w.J�nnVwlu.Arrrrt.11Mb.�yy r.nM....n.IAe1TM.I rN ur4(n.MUh A IN Pn.n..Jw.n.rnvtlnrrJaW O.I1.rNV.vn(.uN..rwe. ulln WrW.N w[I.rhmlN 4L P NITN[tt NNIREOF OE \ELOPERS ISSIRASR COMPANT An ovwd cN.r prl.er. m N ..DAd t) d. Snnm) am n =Mgt art m N kmws Jfw r[n fJr. a) d OmreN. IP{I OF% Et OPENS TAAL RAKE CONPAST STA][ OF CALIF ORSIA tl� CO(STTor LOSASGELES a P.,f G.drm 1. soma / OI r.A LM al d OnnnMr tqa Nlwt w {nnen.d. am Pont E GMs 11 re w .— ..e Nrnd In SMnM d OEt ELOPERA ISSI RANCE COMPANY rr <wMtm. dn[nNd n.N .teh ruaaN rN alin—wrunem INr N arm.,,, c.) r mJ «<Pnnua .d) tN val rfnN n rN uJ rwnwn n.rat.wpr.w na rNr x ....u.11 W M xNn d rN HarJ of (1nwor. d uJ.r.pratme.m ILl N uPad .d Nw.A..11np W. order OFFICIAL SEAL MARY POSEN kOTAR..MMK CA caooaa LOT A1:ELIS COIRO' M mv. aY.T [[C A IMS STATr OF CAIIFORNI t c0t%n OIIOSASG[I[S w 1 dre seC.m.rW \ rpPr.uJrr d O[t [LOP[RS INST R \SC[ CONPAN . C.maw..wlvnw DO PIE REOY C[ i I IFT tM rY fmpq.N.rulNd IOYG Ot AIlORIFT nw..n bIrl Iwp.NMdNee mad .ro r.w nu An.k I. irarernaam 11d IM R. M.. dtAe NrpanneA .N M Rf.drnw d.N RuN d lAmrp. n Dolt rn M p•n d on— oo .l.rn S•Om.m.[.Ydn Arhrmt E.LIM1Y 1511 lSPhr.)r .lnn_.,,rT _ IE _Sf� Inc: %!F__i %?!FC� Tbcu. 11 p.d L F.nvrr PrtWw . OF a FI OPI RS N1L RASLY (V MPASI INS PAR \IiG'IL.nurnewt <•n.•Ad tr..w. +. a �.. r . u AR RrdI..RnnN IORL ptll ILM �� V d t.9tat CIIC Or RAKl1O COC/ew= tFCAOAOOGHNIEI W11111[[ISSC1Nd11 For leprareesenl: TRACT "ROCA 12677 Date' NO.e.,7ma aepu a Ir Mr. Gorey Pierce, f lla ee a,exn CIIP Ora +inq o 007 _ NOIt: Dort hit Irvtado current in for arlllsq ".It or 04'e.ent deposits WANIIII MIT ItI- a 49 PRICE MWMt 973 l.r dog L.r Is C C curb - CS• CJ 1QCt Duller AS a 50 2.ee 00 Tit9T 1.F P.C. curb 9• C.F 21• Duties 6 W A C C. curb soli S S0 �a .v.e[L 00 L.F A.0 bet. 1 SO 10.111 S.r 7.000 11 P C C. ttdevaJk Ids e i o S.F S.F W # approach 6• P C 2 SO 00 00 C. cross Dollar (Inc curb) 1.10 35a. o0 L.T Street .,,rd ion 1 SO C I leps•led Rat,"i ad i SO SS its S.r Pro, -it. of tubgrada 0 IS TJR-F. 51.15E S.r. Crushed .91, base It" Inch Thiel) W 0 01 6!6JZ.00 1 313 iW Ion A.0 me. 1300 tom) • 22 00 y 00 AC too to hm ton[) JS TO ION 4 C 500 lr .JO 1.") I]- /S W Too A r UM,r 500 lens) W W S F A C. thld) 0 s5 3.r. Patch A C (Irerch1 1 IS S.1 EA. 1• !hick A C ererlay 0 10 blast sew, .[Melt •s gr.Je ISO W Ad1us1 test ties. w, to ISO W C A vyde AJI-st stet raises to orad. r3 00 [A. Slr.at Ilghlt 1000 W I. eL L.F SSW .In) 17S �IID'DD !` 2a. /•are0.(odlhead., 1 /S 1]gPif'D0 S r Ae.ortt of A.C. pa,ewnt 0 IS L1 l.r CM-11 of P C.C. curb 7 W AM-41 of A.C. trees 0 00 _S U. [A, Street slDna grfteclors and posts tW W T"00'0"'Dp l,F Corvette block veil 7S W 2S W S.F latalnln q vale W 00 TOT Aggravate base 2 _TS Cs r Cancre4 structural (Pkvy Culve[tl aI3 OWO T'gOp�O lest 1A• ACP (TPA 0 10" 29 W 21• ACP (1500 0) 15 W J l.F 36• ACP 6S• RCP )(2000 0 1200 0 aq 00 A. Catch bast. V . /• 76 W 2000 00 M EA, Catch besln V . S• 2500 00 IA. Catch b[sln V . 22• Local depression 1• 1500 00 A. Local drprnclon 12• 1000 00 A. Junclla, structure SOW DO [A. NEW structure, SIT 1506 1500 00 E1• outlet structure, Sid #Sol -00.00 EA• l.r GGard masts Donal to W ward (wood) 2S 00 L.r �— [A. Lsut Ile.d..11 (CS• v1e0) 1002 000 1. Ned.7od header 1.1$ i S.r L.• Landscaple? . I" Coition Call t 7S 30ySTi00 �S SA curb P,C.C.) Street :cote / I0 100 00 775650 EN01NECe ING IMSP[C1IGN t[E 11 74S 00 SON t0I11 $333, dot 00 4DEPOSITI ON /0[11AG110N CA511 1. E CONTINC[NCC costs (1011 DEPOSIT (AIfUP0AIt[ IIM4NIA7AI 14N UMIfy GIODOt i7AloAAANCE Bonn (loot) ICASIII I'm 00 37 0ii00553F' LAWS Ana FA IIIAL 10110 (SOLE •hrsoant to CIIP of Aaochs Cuca.myya Nanlclpel Code, fit It 1. ar.ardlry Caunt2 Cede Tilsit, Chapters I.S. Chapter 1,00 adapt lrq An a ash rrfslorelion /dellneltlan•4apl! ba made Prior to Itiperva of en [n Ines lnq Conttr•ul st pans./ shSan �{y�� Resists 3104 ��� -USDIVISION GUARANPE NO PEAFORMARCE (SETTING •y FINAL MOAUMERTS) city Council City of Ra.Cho Cucamonga 9 O eo. 907 Rancho Cucamonga California 91770 Gentleman pursuant to Chapter 4 Article 9, Section 66497 of the Government Code, the undersigned hlrebY agrees that ell aeau.ents shown an the them map of Tract 2611 all to be set and turn i sled b/ the sup nap s enq�nur or svry po• an or bat ore February 19d7 as speClfted In the Engineer y o• urreyor s erti ta[e ana agrees to ....San the notes [hart.. to Complete all a.......... re"Iresents specified In Section 66497, of the Gave ... set Cade .M undersigned hands you herewith the sue of Si.M u0 ay a Cash deposit, said de00Nt to guarantee t at ti- 7e monuaents vi 11 be set and the notes furnished as above providld an Or Were the date specified and that the engineer Or a ... e7Or will be paid by the undersigned It 11 furtPer understood and agreed that in the event the undersigned fans to COMplete the above requirements within the time specified the City of Rancho Cucamonga is authorized to COG 'Iete said requirement% Or cause them t0 be Completed and the Cost thereof It to be a charge against Sold Cash deposit and the C -ty of Rancho Cucamonga is authorized to mue the necessary trans far from said Cash pietist to the credit for the proper city fund It Is further agreed that If the and PSlgned dies at present evidence to the City Council that he nay Palo the engineer or surveyor for the setting of the fleal monuments, and if the en y i hear or surveyor gives the noticas prescribed in Section 66191 of the Government Code, the City shall PAY to said engineer or surveyor, the Cash deposit heroin made tf the cost of completing sold requireients eacteds the amount of the Cash deposit, the undersigned 19111) to 142 the difference within thirty (701 days after receiving written statement from the City of Ra/.cn,y Cucamong4 1Peclfy119 the amount of the dlffefenCe between the cash deposit and the actual Cost of laid requltenentl Cordially, 1 t n... 0 i RESOLUTION NO. {92- 0543R Fr(, " 1 ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12673 WHEREAS, the Tentative Map of Tract No. 12673, consisting Of 1 lot, submitted by Western Properties, a general partnership, Subdivider, located at the northeast corner of Church Street and Terra Vista Parkway has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the St+te of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the improvement Agreement submitted herewith for approval and execution by said City. together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. hOW, 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 delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this Sth day of February, 1986. AYES: NOES: ABSENT Jon D Mfkels, ayor //7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approvsl of Improvement Exten, ton Agreement and Improvement Security for Parcel Map 5795 located on the south side of Wilson at Mayberry Parcel Map 5795 Improvement 4greement was approved by the City Council on May 19, 1983 The Developer, Peter L Granger, suhmitted an a,- eement and security to gua-antee the construction of amounts: the oif -site improvements in the fallowing Faithful Performance Bond: $34,000.00 Labor and Material Bond: $17,000.00 At this time, the developer is requesting approval or a twelve month extension on said improvement agreement RECORUDATI011 It is reccmoenaed that the City Council adopt the attached resolution accepting said extension agreement and security and authorizing the Mayor and City Clerk to sign said agreement. Res ectfu ll su ]tied LB4:LB:de Attachments //8 CITY OF RANCHO CUCA)CWA IfpROVEPEAt EETEMIOt AEAEEWXT FCR FM !795 NNON ALL IEa By THESE KESENTS: That this agraenent It wade and enter@' let., 1" Confolvan4 with the M- 1%Ienl Of The SuWIWtICA Pap Act of the City of Rnelo Cuo"anga• Ca1lfOrol4. A auniclpal COryoretlon, by and between the said CIt>, h@relnaftu refereed to as the City. and Peter L. Gra"#r referred to as the Developer. wITNESSE711: THAT. WEREAS said Deglcier ertaM Into n te. vemlt aVrew t rith the City a% a rigidSltO to Isludnp 01 !landings Rtralte. and IOEAEAS, said Dtmloper desires an ,tendon of it" to conlete the terse of the said yrcvesert fgrtatnt. flow, TNEREFUNE. It Is hereby agreed by the City and by laid Developer as fall,•:%: I. The CMIellon date of the ttres Of The said leyroMint agqrecent 1s hereby atended by A period Of 12 vanths few the date rf dEltA�Q the s1•d agreveent. aomelL approval c F. Increase In taprevsent tewritles to reflect comment laproraent cast, shall be furnished by the developer Nth this aVemnt and shall be approved by tree City Attorney. T. The rescind bond and the additional principal awrnts Thereof art set forth On the attached thmt. a. All Other tare% and CWdltins of the said 1e ayprnt sgreerent %hall Mal. the sm. As evidence of understanding the prarhlns contained herein• red of Intent to Comply with sage. the Oevel Oitr has tuwltted the below described taprarment Security. And m% Air aid his signature hereto. FAITWUL PERFORIANCE BOND Oticriptlo" Additional Principal Amount: N/A Surety Address: WITERIAL ADD LABOR Will — — Daeriotion Additional Principal A,,unt• N/A Surety Addren: CAW DEPOSIT MI%W1tlnG ROAD Additional Cash Depesit. INIIRENAACE CAWWITEE AM To Prini -pal Amunt NA M pet ..................................... o�uuui•the Cithou•• +•a•u•a•n• CITY DP AA40E CICCANOVGA DEVELOPER CALIAO040i a enicipal cormraticn By: �nT. FSSa7i. a >p�r '�- Attest nary ire et, .s> erTi '� NOTE: OPEa•S SIGRATIAE HW PE NDTARIEED yDEV / RESOLUTION NO. F92- 85-968 gG — / QL. A RESOLUTION OF THE C.'Y COUNCIL OF THE CITY OF RP.NCH0 CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR PARCEL MAP 5195 dHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on May 19, 1983, by Peter L. Granger, as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located on the south side of Wilson at Mayberry; 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 propert, referred to as Parcel Hap 5795; 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 by the City Council of the City of Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cuca- conga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: /4 0 On 0. Mikels, Mayor n,mv no n vnvn . STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Richard Cota, Associate Civil Engineer SUBJECT: Authorization to Advertise for Construction Bids for Both Turner Avenue and North Town Phase v mprovements, and to Set a public Hearing D•ta for vossib a Reprograming of Exisit g Unallocated Community Oeveloanent 8iock Grant Funding Plans and contract specifications have been prepared for the following two Community Development Block Grant Projects. A. Turner Avenue Imorove?ents These improvements include tie widening and construction of asphaltic concrete street pavement, concrete curbs, gutters, driveways and sidewalks and the installation of street lights along the west side of Turner Avenue between Fero, Boulevard south to the Atchison Topeka and Santa Fe Railroad north of Einhth Street. This will also include the widening of the south side of Feron Boulevard approximately 140 feet west of Turner Avenue to match existing improvements and also the construction of Main Street from Turner Avenue west approximately 160 feet. B. North Town Phase IV These improvements include the construction of asphaltic concrete street pavement, concrete curbs, gutters, driveways and sidewalks and the installation of street lights along the following streets: (1) South side 8th Street between Archibald Ave. east to Belmont Ave. 2 Belmont Ave. between 8th and Acacia Street. 3 Acacia Street between Archibald Ave. east to Cottage Ave. The above mentioned projects are to be constructed using Community Development Block Grant (CDBG) Funding. The Engineer's estimates and allocated CDBG funding to date for said projects are. Current CDBG En in�eer's Estimate Fundtn Allocated A. Turner Avenue ,5'68 000.00 ,000. B. North Town Phase IV 5190,000.00 $191,000.00 / .I/ City Council staff Report Re: Turner & North Town Improvements February 5,1986 Page 2 In pcssible anticipation that the submitted low bio(s) received plus 10% for contingencies for elthcr or both subject projects exceeds the current allocated COBG funding, it is hereby requested thit authorization for the set•1ng of a public hearing on March 5, 1986 be granted for the purpose of reprograming exisitng unallocated CDBG funding pussibly needed for said projects. RECOM¢MOAT104: It is recommended that Council approve the attached resolution and grant the City Engineer authorization to advertise for both construction bid submittals and to set a public hearing for March 5, 1986 for the possible reprograming of existing unallocated Community Development Block Grant Funding for both the Turner Avenue an! North Town Phase IV Capital Improvement Projects. Respectfully su itted, OPX14 LBIi: RC: be /.I3 RESOLUTION HO. 8(, " ) 3 A RESOLUTION OF THE CI1Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVIUG PLANS AND SPECIFICATIONS FOR BOTH "TURNER AVENUE AND NORTH TOWN PHASE IV IMPROVEMENTS ", IN SAID CITY AND AL'rHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIOS. WHEREAS, it is the Intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "The inprovement of Turner Avenue' and "The Improvement of North -own Phase IV ". BE IT FURTHER RESOLVFO that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially In the following words and figures, to wit: 'NOTICE INVITING SEALED BIDS OR PROPOSALS' Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the Cit, of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. on the 21st oay of Fe�bruaty,� 1986, sealed bids or proposals for the 'improvement of�rner Avenue a" nd on or More the hour of 2:30 o'clock P.M. on the 21st day of rebruar , 1986, sealed bids or proposals for the "Improvement of North Town Phase n said City. On the 14th day of February, 1986 at 2:00 o'clock P.M. a 'Prebid Meeting' for both projects to be bid will be held at Lions Park Community Center at 9161 Base Line Road, Rancho Cucamonga, California to inform D.B.'s (Disadvantaged Businesses) anJ WBE's (Women's Business Enterprises) of subcontracting and material supply opportunities. Bidder's attendance at this meeting is a prerequisite for demonstrating reasonable effort to obtain OB and WBE participation; however, if the 03 and WEE goal is met or OB and WBE participation is obtained, attendance is not required. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91130. Bids must be madr on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, 'Bid for The Improvement of Turner Avenue" and the other "Bid for The Improvement of North Town Phase IV ". /A 3 MINIMUM WAGES: Notice is hereby given that the project to which the construction work covered by this Notice Inviting Bids is being assisted by the United States of America and Federal Labor Standards and Provisions are included in the contract pursuant to the provisions applicable to such Federal Assistance. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29CFR Part 3) the full amount of wages and bona fide fringe benefits (or cash equiialents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is set forth in the general provision- for said project. If there is a difference between these predetermined minimum wage rates and the General Prev iling Wage Rat =s determined by the State of California Department of Transportation (effective on the date of this notice) for similar classifications of labor, th Contractor and his subcontractors shall pay not less than the higher wage rate. The Contractor shall fo-fett, as penalty to the City of Rancho Cucamonga, twenty -five dollar: (525.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulsted for any work done under the attached contract, by him or by any subcontractor under him, to violation of the provisions of said Labor Code In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statute of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indertured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.3, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable -xcupation to apply to the joint apprenticeship committee nearest the site if the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to Journeymen that will be used in the performance of the contract. The ratio of appren except: tices to journeymen in such cases shall not be less than one to five A. When unemployment in the area of coverale by the joint apprenticeship committee has exceeded an av•:rage of 15 sercent in the 90 days prier to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or / .2Y C. When the trade can show that it is replacing at least 1/30 of Its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered appentices on all of his contracts on an annual average of not less than one apprentice to eight Journeymen. The Contractor is required to make contributions to funds established for the edmiristration of apprenticeship programs if he employs registered apprentices or Journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 to the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Dirrctor of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of thin contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 if the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty -five dollar. ($25.00) for each laborer, workman, or mechanic on:ployed In the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agree!, to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence pad tints are defined in the applicable collective bargaining agreements filed in accordance with Labor Cade Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10X) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, casnier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's secn•r'ty shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. /.iX The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100X) of the contract price thereof, and an additional bond in an .amount equal to fifty percent (50X) of the contract price for said work shall a given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contrartor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor who is not licensed in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 70DO et. seq.) and rules and regulations adopted pursuant thereto or to whom a proposal fora has not been issued by the City of Rancho Cucamonga. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9370 Base Line Road, Rancho Cucamonga, California Copies of the plans and specifications will be furnished upon application to the City of Rancho Cucamonga and payment of _, said _ is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonrelmbursable payment of S_ to cover the cost of mailing charges and overhead. The =cessful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth to the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request ani at the Contractor's sole cost and expense, substitute authorized securities i,• lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this _ day of , 19 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this _ day of 19_ ATTEST: City er IQ& Mayor CITY OF RANCHO CUCAI11ONGA STAFF REPORT OATC: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorization to Seek Bids for Residential Street Rehabilitation, 1985 -86, Phase I �unra� z r� Attached for Council consideration and adoption is a resolution approving the Plans and Specifications for Phasa I of the 1985 -86 Residential Street Rehabilitation (slurry sea]) program and authorizing and directing the City Clerk to advertise for and receive bids. Plans and specifications were prepared by L.I.A. Engineering Consultants and mapsrattachedbi ) Staff. Th proposedethattthetproject be location funded by Gas Tax. RECOR"OATION: It 1s recormended that Council approve the attached resolution approving the Plans and Specifications for Residential Street Rehabilitation and the advertising for b!ds for ,aid project. Respectfully submitted, MLSH. Attachments / .27 s CITY OF RANCHO LWAL STREETS ' SURRY SEAL PROGRAM E` ;q= 85 - 86 /-?1 LEGEND M SCURRY SEAL a TITLE _J LEGEND ® SLURRY SEAL `"«4 CITY OF RANCHO CUCAMONGA . LOCAL STREETS A It SLURRY SEAL PROGRAM ,� 7 ° 85-86 1.19 lv un TITLE RESOLUTION 110. 8� -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR "RESIDENTIAL STREET REHABILITATION, 1985 -86, (PHASE I) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE. BE IT RESOLVED 1 * the plans and spcifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "ResidentialStreet Rehabilitation, 1985- 86,(Phase I)". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 o -clock P.H. on the 25th day of Februar 1986, sealed bids or proposals for the "Residential Street itehabilitat on, 85 -W, (Phase I)," in said City. 4. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C. Rancho Cucamonga, California 91730. Bids must be made on a farm provided for the purpose, addressed to the City of Rancho Cucamonga. California, marked, "Bid for Construction of Residential Street Rehabilitation, 1985 -86 (Phase I) ". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Cole, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite r, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. /30 The Contractor shall forfeit, as pensalty to the City of Rancho Cucamonga, twenty -five doltare (525.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereirbefore stipulated for any work Cone under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777 5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenttceable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or ri. When the Contractor provides evidence that he employs registered appentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Conrractnr is required to make contributions to funds established for the administration of apprenticeship programs if he , mploys registered apprentices or journeymen in any apprenttceable trade on sulh contracts and if other Contractors on the public works site are making such . ontributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprentireship Standards and its branch offices. 131 Eight. (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall cmply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty -five dollars (525.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the wnrk hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed fn accordance with Labor Cade Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10X) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's cneck, certified check, or tend shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga award. the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the d'fference between the low bin and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract fo- said work shall be one hundred percent (100X) of 'he contract price thereof, and an additional bond in an amount equal to i•ty percent (50X) of the contract price for said work shall be given to secure the payment Of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contrctor will also be required to furnish a certificate that he carries compensation insurance covering his employees upof work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor who is not licensed in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq ) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Rancho Cucamonga. The work is to be done in Accordance with the profiles, plans, and specifications of the City of kancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications will be furnished upon application to the City of Rancho Cucamonga and payment of $5.00, said $5.00 is nonrefundable. /3-A Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. — The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 o` the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractnr may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids By order of the Council of the City of Poncho Cucamonga, California. Date this _ day of , 19 PASSED A40 ADOPTED by the Council of the City of Rancho Cucamonga, California, this _ day of , 19 ATTEST: City Clerk 132 Mayor CITY OF RANCHO CUCAMONGA STAFF REPORT DA; E: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician o3c—AArn %I C 3 P Z 197 I SUBJECT: Approval of Parcel Map 9020 located an the south side of Seventh Street and the west side of Archibald Avenue submitted by Leland Scheu. Tentative Parcel Map 9020 was approved by the Planning Commission on March 13, 1985, for the division of 17 acres into 4 parcels in the Industrial Specific Plan Development District located on the south side of Seventh Street and the west side of Archibald Avenue. Letters of approval have been received from Cucamonga County Water District and C.C. & R.s have been approved by the City Attorney. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Parcel Map 9020 and authorizing the Mayor and City Clerk to cause said map to record 4Re5. lly s u"tled, Attachnents 1-1,/ RESOLUTION N0. *W- 05 -16R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCIIMONGA, CAC iFORNIA, APPROVING PARCEL MAP NUMBER 9020 (TENTATIVE "APC�L MAP 110. 9020) WHEREAS, Tentative Parcel Map Number 9020, submitted by Leland Scheu and consisting of 4 parcels, located on the south side of Seventh Street and the west side of Archibald Avenue, being a portion of Lot 12 in Section 14 T. 1S, R. 7W, according to Map of Cucamonga Lands, as recorded in Book 4 of Maps, Page 9, Records of San Bernardino County, State of California, was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Nap Number 9020 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Hap Number 9020 be and the same 1s hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986 AYES: NOES: ABSENT: Jon D. MiFeTs—,R'a—yor — /3f CITY OF RANCHO CDCATIONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd Hubbs, City Engineer SUBJECT: Release of Bonds and Notice of Completion D.R. 83 -18 - located on Vineyard between Foothill and Arrow DEVELOPER: Orangewood Townhouse Apartments 390 Nortr F icond Avenue Upland, California 91786 Release: Faithful Performance Bond (Road) $14,000.00 The road improvements for Director Review 83 -18 have been Completed to the satisfaction of the City Engineer and it is recommended that Council accept said improvements, pass the attached resolution authorizing the City Engineer to file a Notice of Completion and authnrize the City Clerk to release the Faithful Performance Bond in the amount of $14,000.00 Tract 9434 - located south of 19th St. and east of Haven Avenue DEVELOPER: Crismer Development Corp. P.O. Box 2131 Santa Monica, C.l 94006 Release: Faithful Performance Bond (Hall) $5,000 00 The a)ove refesonced bond was required to guarantee removal, if necessary, for development or adjacent property. The owner of the adjacent property has signed the attached letter stating the the subject halls are not deemed to interfere with the future construction of his property and that he concurs with the City's release of the bond. It is recommended that City Council authorize the City Clerk to release the Faithful Performance Bond (110148991 in the amount of $5,000.00. continued... /.46 City Council Staff Report Re: Release of Bonds February 5, 1966 Page 2 Sacco Plastics - Located on Jersey Boulevard DEVELOPER: Socco Plastic Coating Co. 11251 Jersey Boulevard Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond $3,500.00 The faithful performance pond was required to guarantee the installation of :trees lights and the repair of a street barricade. The required improvements have been completed in an acceptable manner and it is recommended that Council authorize the City Clerk to release the Faithful Performance Bond in the amount of $3,500.00. Parcel Map 8063, Parcel 2 - located on the southwes• -orner of Helms Ave. and Foothill Boulevard Release: DEVELOPER: Lewis Development Co. P. 0. Box 670 Upland, CA 91786 Faithful Performance Bond (Road) $13.000.00 The road improvements for the above referenced project have been constructed in an accordance with the street improvement plans and it is recommended that City Council accept taid improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of $13,000.00 Rc�psctfull su .fitted, LBH:bc 139 Cr^il,COMSTx0C110M CO, INC. 1110 V R Iff 110MAVAt0. SUM 100 IA. BOX 1111 a A M Odic. CAII"HM VOIOa 013) avow December 27, 1985 C Douglas Gorgen, Esq. 6632 Carnelian Alta Loma, California 91730 Dear Doug: As you may recall, sometime ago you approached me regarding Chevron Construction Co. quitclaiming any rights it had under an option agreement over portions of your property to the east of our Haven Ridge development. During this conversa- tion, the subject of that S5,000.00 performance bond securing that agreement for the removal of walls on your property entered into on May 12, .980 arose. You indicated that you had no objections to the City-of Rancho Cucamonga releasing the bond, and if in fact you had notified the City of your concurrence with the release of this bond In the interim, I have been attempting to secure the City's release of this bond. Until recently my attempts were flvstrated in that the City could not find their file on this matter When the file was found, lacking from it was your concur- rence with the release of the subject bond To resolve this matter. I would appreciate you executing the enclosed copy of this letter and returning it to me in the also enclosed stamped, self- addressed envelope, thereby acknowledging that the subject walls are not deemed to inter- fere with the future construction of your property (Tract No. 11606). and that you concur with the City's release of Faithful Performance Bond No. 0014899 in the amount of $5,000.00 ("YYoo'uurrr attention in this matter is greatly appreciated. VeryV yours, . Richard A. Petersen Acknowlggep�nd Co red wi this / *�, {stlay of RAP /bc lg� Enclosure L. oug as o en, sq, /9d RECORDING REQUESTED BY CITY OF RANCI10 CUCAMOIGA R. 0. Boa SDI Rancho Cucmnga. California 91730 WHEN RECORDED RAIL TO: CITY CLERK CITY OF RANCHO CUCC.WNGA P. 0. Boa 807 Rancho Cucmnga, California 91730 NOTICE Of COPTLETIOe NOTICE IS HEREBY GIVER TK%T: 1. The undersigned If m caner of an Interest or estate 1e the hereinafter described real property, the nature of Mich Interest or estate is: D. R. 83-18 2. The full nm and address of the undersigned comer Is: CITY OF RANCID CUCWOtGA, 93204 Base Line Rued, P. 0. Boa 801, Rancho Cuca"a, Callfr•nla 91730. I. On the Stn day of February, 1986, there vu conaleted on the hereinafter described real property the cork of Improrecent set forth In the contract documents for: 0. A. 83 -16 N. The vane of the original contractor for the Work of imrov aent as a Whole Wes: NWIGEIRIOD TMNIWSE APARTMENTS S. The reel Rropert)7 referred to herein Is situated in the City of Ramous Cucaoonga, County of Sen Bernardi", California, and 1s described as follows: VIREYARD AVENUE BETWEEN FOOTHILL AND ARROW :ITV OF NANO0 MCWD.YGA, a mnicipal corporation, Omer Data __ .10Y3 s, City EM91W&F /74 RESOLUTION NO. V* -95 *31t- fs 4 `/Cp A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CA:.IFURNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR D. R. 83 -18 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public imorevements for D. R. 83 -18 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW. THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, aid ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT• on D. a s, Ray" ATTEST: every . u e e , y er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**. Executed this * day or *, 19 ** at Rancho Cucamonga, California. Beverly A. Aut a et, City Clerk /yo - CITY OF P.AQCHO CUCAMONGA STAFF REPORT Date: February 5, 1986 To: Mayor and Members of City Council From. Robert A RIZZO, Aeeistanr City Manager by: E.izabeth Stoddard, Anelstant Finance Director aubjece, Deferred Compensation >lan Amendment The purpose of th• amer.Jaent to the Deferred Corpensation Plan is necea- srtated by the appointment of Jtm Hart. Administrative Sorv!cea )iracrer, who will also serve in the caPaodty of Deferred I'ompen4ation Administrator. RECOMMENDATION, at is recommanded that the Deforrom Ccmpeno "ion Plan Amendment be approved submitted MAR ES:tI Attachments ,17 i __j RESMATTION AU. 79 -79C A RESOLIMON OF THE CITY COUNCIL OF THE CITY OF RANCHO CJCA1w:.K.A. CALIFORNIA, AMENDING RESOLUTICN NO 79 -79 AN EMPLOYEES DEFERRED COMPENSATION PIJN AND AUTHORIZING THE EXECUTION GP AGREEMENTS RELATED In SAID PLAN WHEREAS, the City Council of the City of Rancho Cucamonga has adupted resolution No 79 -79 authorizlnq adoption of a Deferred Compensation Plan for the said employees, and WHEREAS, it is intended that said Plan shall be In accordance with Federal and State law and reyulations NOW, THEREFORE, BE IT RESOLVED, that Jim Hart Ss hereby appointed to administer the Plan on behalf of the City and is authorized to execute Participation Agreements with el.glble officers, officials and employees, and all other Documents and Agreements necessary to implement and administer the Plan iY.L OFFICE OF THE CITY COUNCIL CIVIC CENTER PLAZA 333 WEST OCEAN BOW EVARD LONG BEACH. CALIFORNIA 90802 January 14, 1986 The Honorable ohn D. Mlkols Mayor, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, Cal i torn la 91130 Don, Mayor Mikols. COVK1wOAN HALL 213/590 -6310 OurIN the Chr lstmas holidays there was a very tragic accident In the Utah area, when a bus carrying students from Woodrow Wilson High School In Long BOach overturned and Ill l led One student. As a result of that accident I have boon working, at the request of the pother of thu student, towards seat bell legislation for school buses. 1 am onclosing a copy of a rosolutlon passed by Our City and would appruciato your assistance In deing the samo thing. No have had a lot of rodla covorago hero In Los Angeles County on this Issue, and It would bo helpful IF you would sond re copies of any press coverage you receive In your area. If you have any quastlons please do not hesitate to Contact my office. JR cak Enclosure Very truly yours, JAN HALL,"Councilwoman District Throe /E/3 RESOLUTION NO. 86 T1 + -1 7 A RESOLUTION OF THE CITY COUNCIL OF rHE CITY OF MICRO CUCAM.ONGA. CALIFORNIA, URGING THAT TEE CALIFORNIA LEGISLATURE ENACT LEGISLATION REQUIRING TUB INSTALLATION AND USE OF SEAT BETS IN SCROOL ROSES AND BUSES HIRED TO TRANSPORT STUDENTS UREREAS. the State Legislature bas recently enacted legislation requiring the use of seat belts in private Passenger rotor vehicles; and WHERE.IV, said legislation recogeises the fact that the use of seat belts serves to significantly decrease the number of deaths and /or serious injuries occurring as a result of traffic accidents; and WHEREAS. there is no State or Federal regulation requiring the installation and use of seat belts in buses which transport school students; and WHEREAS, legislation requiring the installation and mandatory use of seat belts in said buses would serve to decrease the cbacca of death or serious injury to a student traveling in a school bus or a bus hired to transport students which is involved in a traffic accident. ROW. THEREFORE. BE IT RESOLVED. that the City Council of the City of Rancho Cucamonga resolves as follows: Section 1. That the City of Reecho Cucsmoaga vigorously support the enact"at of State legislation requiring the installation and mandatory use of seat belts in all school buses •ad buses hired to transport students. Section t. That the City Clerk is authorised and directed to transmit copies of this revolution to the Governor of the State of California and to all mcbers of the State Legislature who represent the City of Long Reach. PASSED, APPROYED, and ADOPTED this + day of s. ISa. AYES NOES: ABSENTt /f/V Jon D. Mikels, Mayor -- CITY OF RANCHO CUCAAIONGA CU fQlr STAFF REPORT , net. .7arvary I1, 1q R6 O Z U S To, rite Council and City )-enamor Frog, Park Development Commission By, Pill Holley, Community Services Director Subject, Au•horization to seek Proposals for the Master Plan Design Pr.yram for Rancho Cucamonga City Park RPCOMMENDATION, It is the recommendation of the Park Development Commission that the City Council authorize the Community Services Departme.t to seek proposals for the development of a Master Plan for Rancho Cucamonga City Park. BACKGROUND, On Zanuary 16, the Park Development Commission considered the above referenced subject. This consideration was prompted by 'serious inquiries' being made to the City for possible uses, both public and quasi- public, on the park site. Without having a proper meter plan of the whole cite, it would be ill advised and premature to entertain any specific site uses or locations. The most splendid park design opportunity that will ever be presentee to the City exist at this park. That is a rather strong statement, but consider, e At 99 acres it is sore than double the size of any other park that will ever be constructed by the City. • It in located in the aeographlc center of the City at Milliken Ave. and base Line Road and will be highly vloable and readily accessible to all residents. • It has no topographic cenatrainta Mich dictate design features, such am severe elope, irregular confiquratlon, drainage problems, e tc. In other wordsa it Is an absolutely 'perfect' site for the 'flagship' park of our City. It must be done with care and done right. The process proposed would be this, 1. Council authorizes Community Services Department to seek proposals of design services by landscape architecture firm, 1. Proposals zcreened down to I or 4 by staff, /yt Page 3 Master Plan Donlon January 30, 1986 3. Panel wade up of staff and two Park Commissioners interview finalist and sake recommendation to Council, d. Council awards design contract for meter plan (this In for master plan only. no construction drawings) and the community design procass begins. 9. A grcup of fifteen, plus or minus, to selected by the architect and staff to represent the widest cross section of interest as determined by questlonsair +s. (This worked well at both Heritage and Red Hill). 6. After four, five or maybe six meetings, a consensus for design will p- obably have been reached by the group, and the plan will then start through the approval loop, the Park Development Commission, Planning Commission and the City Councl). Through engayement of the proposed process, the City will 1•eva a Council adopted Master Plan for Rancho Cucamonga City Park by July of this year. Thanking you on behalf of the Park Development Commission for your consideration of this issue. BH.bs cc, Park Development Commission /yG I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council ind City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek Engineering Technician �, -,'(;A 10 a� SUBJECT: Intent to Annex Tract 12650 -1 to Landscape Maintenance Cistrict No. 1 as Annexation No. 27 end setting the date of public hearing for March 5, 1986 Attached for City Council approval is resolution declaring the City's intent to annex the above described tracts to Landscape Maintenance District No. 1 and setting the public hearing date for March 5, 1986. Also attached for preliminary approval is the Engineer's report for the annexation. RECOMMENDATION it is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for March 5, 1986. Respectfully subm ted, LBH:L de Attachments I`17 CITY OF RAMCHO CUCAMONG4 Engineer's Report for ANNEXATION NO. 27 to tie Landscape Maintenance District No. 1 FOR TRACT NO. 12650 -1 SECTION 1. Authority far Report This report is in compliance with 1. Division 15 or the Streets and (Landscaping and Lighting Act of 1972). SECTION 2. General Desc- 1ptlon the requirementr of Article 4, Chapter Highways Code, State of California This City Council has elected to annex all new tracts into Landscape Maintenance Dist ^ict No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots eithin Tract 12650 -1 as well as on the -.ots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right -of -way or easements to be granted to the City of Rancho Cucaaonga. SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract 12650 -1 The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs Ilo costs will he incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty ($.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No 27) comprised of 642,852 square feet of landscaped area is shown below: Total Annual Maintenance Cost S.30 X 642,892 square feet 192,856 /C/ 9 Per Lot Annual Assessment 192 10 31.06 Per Lot Mont:Ay Assessment 31.00 2.59 x 50% • 1.30 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Tract 12650 -1 WIT be assessed at 50% as long as areas are naintained by others. in the event maintenance becomes the responsibility of the City, Tract No. 12650 -1 shall be assessed at full rate (see attached Exhibit B). SECTION S. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled "Exhibit A% by this reference thr diagram is hereby incorporated wlthln the text of this report. SECTION 6. Assessment Improvement for Annexation No. 27 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events 1 City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Prel4minary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intantion to Annex to District and sets public hearing date. 4. City Council conducts public herring, considers l testimony and determines to Annex to the District cr abandon the proceealdings 5. Every year in May, the City Engineer files a report with the City Council, 6. Every year in June, the City .*ouncil conducts a public hearing and approves, or modifies and approve; the individual assessments. iy9 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 1 ANNEXATION N0. 27 u �.�'` i,� CITY OF RANCHO CUCAMONGA �.�0 ,', ENGINEERING DIVISION VICINITY MAP 19" /So me page I� EXHIBIT °B" I �I Jury 1, 1985 Mr. Lloyd Hubba City Engindet CITY OF RANCHO CUCA1(O:70A P. 0. Box 807 Rancho Cucamonga, CA 91770 SUBJECT: Landscape Maintenance Dtetrtec For 7 Et 12G� Sp-1 , Dear Hr• uubbsT:(I, Based upon our meeting of June 26, 1985, we are hereby submitting this latter requesting ease modification to the standard annexation of Tract 12650 -1 to the Lsndsca,a Maintenance Assesambut District. As you are aware, the Dear Creek community has equestrian trails throughout the development which are maintained by the Homeowners Association. This new tract is an extended phase of the existing project and will 9100 contain similar trails and a community trail along Haven Avenue. As we haS discussed, our Intention is to Install the trails in accordance to the quality and standards of the Doer Creek cw_ nity This Includes the wood fence rails, trace aid ground cover In the trail area. No realize that this in not In accordance with the City's standard equestrian trail policies; however, during the tentative tract map review stages this was discussed with the Trails Committee and a tentative agreement was reached In order to construct the Haven Avenue com- mu•itty trail consistent with the existing Door Creek trail. As a result, this will obviously require much higher level of maintenance which tte Homeowners Association of Deer Creek is willing and desiring to provide. Since this Is a substantial e0mmttment for maintenance along this area, we hereby arc requesting that the lots within this tract be charged o:.ly at half rate This to similar P to that of other pMJects such as the Brock Development which 10 maintaining their Archibald Avenue frontage. 7• ti DECEIVED P; JUL 21985 r THE DEER CREEK COMPANY POSFOFFICE &1\ 458 ALTA LOMACALIFOMA qW, E RANCHO we 9432 41371 ' �aF19�hS91D3Z3 Mr. Lloyd Hubbs July 1, 1985 Page 2 This letter serves as a formal request for preparation of the engineer's report to annex the project Into Landscape Maintenance Assessment District but at the half rate and to have that reflected in rho final engineer's report and ultimately Into the final subdivision report. We stand ready to easier in any vay needed In order to accomplish this, otherwise we will assume that this letter is appro- priate In order for this process to be completed. If 'you have any questions, please do not hesitate to contact me at your convenience. MDV /ac /S.l Sincarely, THE DEER CREEK MTA.Yy HSchael D. Vairin Director of Administration and Planning RESOLUTION NO. eet•85 ti1t A RESOLUTION OF THE CITY COUNCIL OF ''SHE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION No. 27 To LANDSCAPE FAINTENANCE DISTRICT N0. 1 WHEREAS, on February S. 1986, the City Coumcil of the City of Rancho Cucamonga directed the City Engineer to make. and fibe with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1973; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to sand Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered sai'.d repe.t and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requi -les or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council o the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemiz- costs and expenses o sa work and of the incidental expenses in connection o^rewith, contained in said report be, and each of theca are hereby, pre ',ainarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District rerred to and de—s— a in said report, the boundaries of the subdivisions land within said Assessrent District are hereby preliminarily approve and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in safd7Kssessment District in proportion to the estimated benefit to be r- ceived by said subdivision, respectively, from said work and of thte incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for —tTie purposes of all subsequent proceedings, and pursuant to the proposed district. 1 5'3 RESOLUTION NO. Eft 05-- ft g(O_ 'Cl A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATIOA TO LANDSCAPE MAINTENANCE DISTRICT NO. 1. 14 ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 27 TO LANDSCAPE MAINTENANCE OISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO HOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Cade of the State of California, as follows: SECTION 1. Descr�i tion of Work: That the public interest and convenience�re an t sd 1 1 the intention or this Lity Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described its Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located w tihinroadway r gni [-Tway and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled 'Annexation Nn. 27 to Landscape Maintenance District No. I•. SECTION 3. D_.cr1 Lion of Assessment District: lhat the contemplate orF 1n the opinion of said 2y ou—L FT s —i o -Furore than local ar ordinary publ +,. L- nefit. xnd the said City Lounc•.1 hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and whic'i district is described as follows: All that certain territory of the City of Rancho Cucamonga include,' within the exterior boundary lines shown upon that certain 'Map of Annexation No. 27 to Landscape Maintenance District No. 10 heretofore approved by the City Council of said City by Resolution No •, indicating by said baundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. /+ `/ SECTION 4. Report�of En�ln�ee�r: The City Council of said City by Resolution no. * nas approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 27, LandsLape Maintenance District No. 1• is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amcunt and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be col Iecte ad t Fe—same time end in the same manner as County taxes are collected. The City Engineer shall file a• report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of�Hea_rina: Notice is hereby given that on March 3 T§i, at e{F�r oil T om in the City Council Chambers at 9161 Base Line, In the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be don: or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property In which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and nn other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or he accompanied by written evidznce that such signer is the owner of the property so described. SECTION 7. Lardsca in and L1 htin Act of 1972: All the work herein propossTall Te ene an Carr a roug n pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. P,iblication of Resolution of Intention: Published notice shall be made ursuan to Section 61961 of the Goverrmn Code. The Mayor shalt sign t:Hs Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily ort, a newspaper of general circulation published in the City of unrario, Za 17orn ia, and circulated in the City of Rancho Cucamonga, California. /ST CITY OF RAN ,W CUCAMONGA STAFF REPORT DATE: February 5, 1986 City Council and City Manager +: Lloyd B. Hubbs, City Engineer BY Linda Beek Eagineering Technician SUBJECT: Intent to Annex Tract Nos. 12590, 12672, 12319, -1, -2, -3, -4, -5 -6, -7, -8, 12670, -1, -2, -3, -4, (Terra Vista Planned C"nity; to Landscape Maintenance District tio. 4 as Annexation No. 2 and Lighting Maintenance District No. 4 as Annexatior No. 2 and setting the date of public hearing for February 19, 1986 Attached fo• City Council approval is resolution declaring the City's intent to annex the abov= described tracts to Landscape Maintenance District Yo. 4 and sating the public hearing date for February 19, 1986. Also attached for preliminary approval is the Engineer's report for the annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for February 19, 1986. esp 17 lly submi 7 od, / J LBH:LB :6e Attachments /S6 CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 2 to LANDSCAPE MAINTENANCE DISTRICT NO. 4 Terra Vista Planned Community Tract 12590, Tract 12672, Tract 12319, Tracts 12319 -1, -2, -3, -4, -5, -6, -7, -8, Tract 12670, Tracts 17670 -1, -?, -3, -4, and street plantings SECTION 1. Authority for Report This repnrt is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lightlnq Act of 1982). SECTION 2. General Description Landscape Maintenance District No 4 7the 'District') maintains street plantings, parks, trails, and similar areas throuqhout the Terra Vista Planned Community All residential developments in Terra Vista are to be annexed to the District pursuant to Ordinance No. 190; areas to be maintained which lie outside residential developments are also to be annexed for maintenance purposes Tnis Annexation No. 2 annexes to the District the followirq areas: o Tract No 12672 (128 multifamily dwellings) o Tract nos. 12590, 12319, 12319 -1, 12319 -2, 12319 -3, 12319 -4, 12319 -5, 12319 -6, 12319 -7, 12319 -8, 12670, 12670 -1, 12670 -2, 12670 , and 12670 -4 (total 458 single family dwellings) o Median planting in Base Line Road from future Milliken Avenue westward 2,077 feet o Median planting in Terra Vista Parkway from Church Street to Milliken Avenue o Median planting in Haven Avenue from Valencia Avenue northward 380 feet 0 Median planting in Church Street from Haven Avenue to Terra Vista Parkway All landscaped areas to be maintained in the annexed tracts are shown on the tract naps (or by separate instrument) as road*av right -of -way, dedica- tions, or easements to be granted to the City of Rancho Cacamn^na. I. r'7 SECTION 3. Plans and Specifications The plans and specifications for the landscaping within residential tracts have been prepared by the developer and have been approved as part of the improvement plans for those tracts. The plans and specifications are in conformance with the Planning Commission conditions of approval Plans and specifications for landscaped areas outside residential tracts have been separately prepared by the developer. Reference is hereby made to the subject tract maps and the assessment diagrams for the exact location of the landscapeo areas. The plans and specifications by reference are hereby made a part of this report to the sane extent as if said plans and specifications were attached hereto. SECTION S. Est mated Costs No costs will be incurred for construction. All improvements will be constructed by developers. Based on historical data, contract analysis, and developed work standards, it is estimated that maintenance costs for assess- ment purposes will be as set forth below. These costs are estimated only; actual assessments will be based on actual cost data. /s 8 If The estimated annual maintenance cost for Annexation No. 2 is as follows: Trails 6 Street Parkways Greenways Medlansi Trees Tracts 12319, 12319 -1, -2, -3, -4, -5, -6. -7, and -8 Tracts 12670, 12670 -1, -2, -3, and -4 Tract 12590 Tract 12672 Base Line Road median3 Terra Vista Parkway median3 Church Street median3 Total areas (square feet) Unit cost (annual) Totals TOTAL ANNUAL COST 34,901 19,635 8,945 503 31,503 7,238 16,917 0 8,505 0 0 0 0 0 0 0 911826 2,].873 354 per 354 per sq. ft. sq. ft. 332.139.10 $7,655.55 550.660.05 3,201 255 1,894 49 875 0 10,964 0 12,617 0 7,040 0 45,536 807 154 per $5 per sq. ft. tree S6i830_40 S4 ,035 ]Medians to perimeter major arterials adjoining property owned by others are shown at half actual area. 2Local street trees only. 3Medians adjacent to property not currently annexed to Landscape Maintenance District No. 4. -3- /Ss Assessment shall apply to each residential dwelling as enumerated in Section 6 and the attached Assessment Diagram. SECTION S. Assessmert Diagram A copy of the proposed assessment diagram is attached to this report. By this reference the diagram is hereby incorporated within the text of this rcport. SECTION 6. Assessment Maintenance costs for the entire District are found to be of specific benefit to all developed residential property within the nistrict in accor- dance with the following relationship: Land Use Assessment Units nSigle_7amlly residential dwelling i unit Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year. SECTION 7. Order of Events 1. City Council adopts resolution ins Muting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing dates. -4- /6 0 The estimated total annual maintenance cost, and estimated annual assess- ments, for the District after Annexation No. 2 are as follows: Initial District and Annexation Annexation New total No. I No. 2 for District Total estimated annual maintenance cost S 98,010 $50,660.05 S14R,670.05 Assessment units: 1 per single family dwelling unit 425 458 883 0.5 per multifamily dwelling unit 211 64 275 537 M T m Assessment Rate: Total Cost t Assessment Units - Assessment per Assessment Unit $154.10 $128.34 Assessment shall apply to each residential dwelling as enumerated in Section 6 and the attached Assessment Diagram. SECTION S. Assessmert Diagram A copy of the proposed assessment diagram is attached to this report. By this reference the diagram is hereby incorporated within the text of this rcport. SECTION 6. Assessment Maintenance costs for the entire District are found to be of specific benefit to all developed residential property within the nistrict in accor- dance with the following relationship: Land Use Assessment Units nSigle_7amlly residential dwelling i unit Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year. SECTION 7. Order of Events 1. City Council adopts resolution ins Muting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing dates. -4- /6 0 f 4. City Council conducts public hearing, considers all testimony and deter- mines to annex to the District or abandon the proceedings. S. Every year in May, the City Engineer files a report with the City Council. 6. Every ;car in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 917LM -5- /6/ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEXATION NO. Q LEGEND 17 GROUND AND TREE MAINTENANCE i TREE MAINTENANCE ONLY .° "°a CITY OF RANCHO CUCAj\IONCA tine; 5 I3 ENGINEERING DIVISION N t VICINITY AIAP /0;.;- necr I I Z W S ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEXATION NO. 2 TRACT 12590 r — I y CITY OF RANCHO CUCAMONGA w itle, /IT \\ ENGINEERING DIVISION I> MINITY MAP /s N L n a¢c ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12672 J J (y•J 4 � • V A �\ b ��• CITY OF RANCHO CUCAMONGA ^ Lim' ENGINEERING DIVISION N ' VICINITY NIAP /6 Y ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEXATION NO. 2 TRACT 12319 CITY OF RANCHO CUCA,%10 \GA /A t E' ENGINEERING DIVISION EL VI> VICINITY A1AP "vi is s title; peer ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12319 -1 9e{[ Ml �4 e • ss y L eP �M CITY OF RANCHU CUCA,MONGA w • .'" two 'c / \ ENGINEERING DIVISION T EL �� VICINITY NIAP J y /66 r,.-. v e ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 12319 -2 BASE LINe N � �rW1�v1r0D DI1Nf�- It � Io;�o:f o;io t Q,: Z i CITY OF RANCHO CUCAMONGA title' t 3 ENGINEERING DIVISION + I' VIC N INITY NIAP 1 n� /L % na¢o ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12319 -3 ' It NO'O v0 .n BASC .tNE •� r.� ROAD •• LAY /� [� '\ • WU ,.� l• �. �r Coy ° O' 7e Ott 7 r(r•r lei CITY OF RANCHO CUCA,\IONGA ENGINEERING DIVISION i" VICINITY %IAP pn P00P ;'• /6: ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 12319 -4 %cam CITY OF RANCHO CUCANIONGA title; 13 ENGINEERING DIVISION ,,, �1•tn6 VICINITY DIAP 1\VI /69 vn �7 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12319 -5 pc�InL. FY OF R.` NCHO CUCAMO \GA w ENGINEERING DIVISION l � VICINITY A1AP X70 cnRr ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION N0. 2 CITY OF RANCHO CUCANIO \G A A p �c ENGINEERING DIVISION m+ VICINITY AIAP N /17/ MCA ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. Q TRA(:T 19!�1Q -7 CITY OF RANCHO QlCA,�,IONGA acle, C�IT� A g� ENGINEERING DIVISION ,� T VICINITY AIAP 11 I`ll ASSESSMENT DIAGRAM LANWAPE MAINTENANC,: DISTRICT N0. 4 ANNEXATION NO. 2 TRACT 12319 -8 °octcY CITY OF RANCHO CUCANIOi \GA A ���IP' .mac , \ g ' ENGINEERING DIVISION VICINITY MAP N /7J n:+ev ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 CITY OF RANCHO CUCAMOiNGA y I� ENGINEERING DI` ISION A bbii ^bb VICINITY NIAP N /7 �/ nv¢r ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 -1 CITY OF RANCHO CUCALIOKGA cnle" ENGINEERING DIVISION VICINITY AIAP N /7f ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 -2 TY OF RANCHO CUCAMONGA ENGINEERING DIVISION ' T VICINITY \IAP 1��11 174 title; naca ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 1267o-3 y., �.f CITY OF RANCHO Cl GV%IOKGA ENGINEERING DIVISION t �tn0 J VICINITY AIAP N X77 nacr pow!u, t ci bid i.: ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 12670 -4 TY OF RANCHO CUCANiaN;CA ENGINEERING DIVISION VICINITY AIAP /7P na¢r J L W m z �i Z fn I �ul I m N v < o I ° I F ° I j p � n Mj y -N i I s m t I O 0 m = i o v T N G g+ g I OA I J J m 't7 1 i i IA1.M AVF1dE n x g N D fN I om m y m �� o O CL W a J m ° 8 W W O z �z I "�c Ln W i avmv N3XnW CC 11r NO Z N'. N O K W W ` O _ N C 3 Ii _ co W ; 1► 4 W N y N _r O a 0O co G t7� jJT� O < O pp LL O �PY_ --I r RESOLUTION. N0. a := 03R O(o — aO A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COhMUNITY) WHEREAS, on February 5, 1986, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1072; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereuf, and finds that each and every part of said report i� sufficient, amd that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses work and of the Incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said s�sment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the Incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as Lne City Engineer's Report for �Teurposes of al: subsequent proceer'!.igs, and pursuant to the proposed district. \ —I RESOLUTION NO. 6+2- 05_052 84 ' A RESOLUTION OF 111E CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED CO.M. 31TY) WHEREAS, on February, 5 1986, the City Council of the City of Rancho Cucamonga directed the City Fngineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1912; and WHEREAS, the City Engineer has made and fled with the City Clerk of said City a report to writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and e- oenses oT saff—work and of the incidental expenses in connection therewith, curtained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment Dist ict referred to and descr a in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and ^enfirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said- s�sment Olstrict in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and -onfirmed. SECTION 4: That said report shall stand as the City Engineers Report for tiT a purposes of all subsequent proceedings, and pursuant to the proposed district. /8Y RESOLUTION NO.- MfmVPW 84 - a'3 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA OLCLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0, 4. AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 4; PURSUANT TO THE LANDSCAPING AhO LIGHTING ACT OF 1972 AND OFFERING A TIME AND PULE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT PESOLVED by the .y Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descri tion of Work: That the public interest and convenience— raga Ge an t s t e ntent on at this City Council to fora a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation Includes the cost and supervision of any lighting and related facilities in connectiun with said district. SECTION 2. Location of Work: The foregoing described work is to be located w till roadway r ghit=oi' -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled *Annexation No. * to Street Lighting Maintenance District No. 4 ". SECTION 3. Description of Assessment District: That the cuntemplate�fn he opinion at Said City Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga Included within the exterior boundary lines shown upon that certain "Map of Annexation No. 2 to Street Lighting Maintenance District No. 4" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of En ineer: The City Council of said City by Resolution No. * as approve the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled 'Engineer's Report, street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereoy made for Ail particulars for th, amount and extent of the assessments and for the extent of the work. /°j SECTION S. Collection of Asc- t•ments: The assessment shalt be Collette a�same tt— iae�fn ttFe s —sane manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on February =86, at the hour of pn in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucm *onga, any and all persons having any objections to the work or extent of the. assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landsca to and L1 htin Art of 1972: All the work herein propos�Fall a one an carne trough n pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be aaFe to Section 610CI of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dahl % orrtt, a newspaper of general circulation published in the City of ntar0 10, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: don U. MiVeTs—,R—ayor /89 CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 2 to STREET LIGHTING MAINTENANCE DISTRICT NO. 4 Terra Vista Planned Community Tract 12590, Tract 12672, Tract 1231^, Tracts 41319 -1, 49 -3, -4, -51 -6, - ?, -8, Tract 12670, Tracts 12670 -1, -29 -39 -40 and street right -of -way SECTION 1. Authority for Report This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1962) SECTION 2. General Description Street Lighting Maintenance District No 4 (the 'District') provides for operation, servicing, and maintenance of street lights on local and collector streets and secondary arterials (except Church Street) in the terra Vista Planned Community. All residential developments in Terra Vista are to be annexed to the District pursuant to Ordinance No 190, areas to be maintained which tie outside residential developments are also to be annexed for mainte- nance purposes. This Annexation No. 2 annexes to the District the following areas: o Tract Ko. 12672 (128 multifamily dwellings) o Tract Nos. 12590, 12319, 12319 -1, 12319 -2, 12319 -3, 12319 -4, 12319 -5, 12319 -6, 12319 -7, 12319 -8, 12670, 12760 -1, 12670 -2, 1267u -3, 12670 -4 (total 458 single family dwellings) o Terra Vista Parkway right -of -way (north half) from easternmost boundary of Tract 12402 to easternmost boundary of P.M. 8842 0 Terra Vista Parkway right -of -way (north half) from Spruce Avenue to Church Street o Terra Vista Parkway right -of -way from easternmost boundary of P.M. 8042 to Milliken Avenue o Rase Line Road riqht -of -way from Milliken Avenue to easternmost boundary of Tract 12364 SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by /.07 I the developers The plans > 1 specifications are as stipulated in the con- ditions of approval for the development and as approved by the City Engineering Division. Reference is hereby mate to the subject tract maps or development plans and the assessment diagrams for the exact location of the street lighting areas. The plans and specifications for street lighting improvements are hrreby made a part of this report to the same extent as if said plans and specificatl ^ns were attached hereto SECTION 4. Estimated Costs No costs will be Incurred for street lighting c:nstruction. All Improve- ments will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as set forth below. These costs are estimated only; actual assessments will be based on actual cost data The estimated annual maintenance cost for Annexation No. 2 is as follows based on high pressure sodium vapor lamps: 5,800 Lumen 9,500 Lumen 16,000 Lumen Street Lights Street Lights Street Lights Tracts 12319, 12319 -1, -2, -3, -4, -5, -6, -7, and -8 Tracts 12670, 12670 -1, -2, -3, and -4 Tract 12590 Tract 12672 Church Street Right -of -way Terra Vista P1rkway Right -of -way Base Line Road Right -of -way Total tights SCE monthly rate, maint. and energy Months per year Totals TmTAL ANNUAL COST 77 13 0 37 5 0 5 3 0 0 6 0 0 4 0 0 0 119 x $8.75 x 12 512.495 S!7,506.56 7 0 3 1 41 1 x $9 90 x $11.73 x 12 x 12 S4.870.80 5140.76 Strr eet lights adjacent to property not currently annexed to Landscape Maintenance District No. 4. -2- /J8 The estimated total anruel maintenance cost, and estimated annual assess- ments, for the District after Annexation No. 2 are as follows: Initial nistrict and Annexation Annexation Now total No. 1 No. 7 for District Total estimated annual maintenance cost 516,501 517,506.56 534,007.56 Assessment units• I per single family dwelling unit 425 458 883 0.5 per multifamily dwelling urit 211 64 275 636 522 1,158 Assessment rate: Total Cost 4 Assessment Units • Assessment per Assessment Unit $25.94 $29 37 Assessment shall apply to each residential dwelling as enumerated in Section 6 and the attached Assessment Diagram. SECTION 5 Assessment Diagram A copy of the proposed assessment diagram is attached to this report and by this refererce is hereby incorporated within the text of this report. SECTION 6 Assessment Maintenance costs for the entire District are found to be of specific benefit to all developed residential property within the District in accordance with the following relationship Land Use Assessment Units Single family residential dwelling 1 unit Multifamily residential dwelling 5 unit The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year. SECTION 7 Order of Events 1 City Council adopts resolution instituting proceedings 2. City Council adopts Pesolution of Preliminary Approval of City Engineer's Report. 3- /85 I . 3. City Council adcpts Resolution of Intention to Annex to District and sets Public hearing dttes. _ 4. City Council conducts public hearing, considers all testimony and determines to anntx to the District or abandon the proceedings. 5. Every year in Nay, the City Engineer files a report with the City Council. 6. Every year to June the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 9175L 4 - 1qo Annexation Ao. 2 to Street Lighting Maintence District No 4 Key to Drawfng • 5800 Lunen Street Lights ( 16,000 Lumen where Indicated ) .n. 9500 Lunen Street Lights Note: the last nap indicates approximte location: of street lights in arias to be annexed which are not a part I)f preceding maps /F/ This 1P un ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION 140.2 LEGEND 9600 LUMEN ) 6800 LUMEN (16,000 LUMEN WHERE NOTED) for CITY 0? RANCHO CUCAMONGA title, COUNTY OF SAN BERNARDINO A — STATE OF CALIFORNIA —_ .0YDHU865 CITY U'% -EER RCE23969 DLTE F�S� i9-L z W S ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12590 LN This diagram Is for maintenance district assessment Informatic Ff`. +c, CITY OF RANCHO CUCAbiONGA title, ;�, �c, COUNTY OF SAN DERNARDINO — i STATE OF CALIFORNIA N ' tin LLOYD K)BB5 CITY ENS'VEER RCE 23eeB DATE Pa£e 143 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 TRACT 12672 J \/\ \fie • i /�� %/` This diagram Is for matntenance district assessment Informatio CITY OF RANCHO CUCAMONGA it1a% COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA r son LLOYDHUo95 CITY ENS %EER R^_E2!ee9 DttE PaEO i4Y ASSESSMENT DIAGRAM STREET LIGHTING MAINTEI4ANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12670 This diagram Is for maintenance district assessment in CITY OF RANCHO CUCAMONGA r. \s COUNTY OF SAN BERNARDINO A STATE OF CALIFORNIA 1� T > 1`V ILLOYC HU385, CITY EN9R :EER RCE'tDE29 D:TE /qs ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 TRACT 12670 -1 =RS anagram Is Tor maintenance district assessment in CITY OF RANCHO CUCAMONGA w COUNTY OF SAN BERNARDINO �' \ f` STATE OF CALIFORNIA a NIan LLOYD HUBBS CITY E1J.il \EER RCE 2:869 p�TE 19C Page M 0 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.4 ANNEXATION NO. 2 TRACT 12670 -2 O LINE r I'IIIASE LINE ROAD � This diagram is for maintenance district assessment information, only. CITY OF RANCHO CUCAMONGA "`l`% r \L COUNTY OF SAN BERNARDINO tE STATE OF CALIFORNIA ti I> XT r97 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12670 -3 diagram is for maintenance distriCt assessment in CITY OF RANCHO CUCAMONA GA 'e \s COUNTY OF SAN BERNARDINO � \ STATE OF CALIFORNIA €; £ ui LLOYD {A13RC CITY CASI.l'CCD o, eaee.. ��T N /91 f W ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 This ck, 2:4'"4'`L �; Is" ANNEXATION NO. 2 TRACT 12670 -4 for ma:nten CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA 199 A 1V u page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12319 for maintenance CITY OF RANCHO CUCAMONGA title, COUNTY OF SAN BERNARDINO / — �' Eg STATE OF CALIFORNIA LLOYD I?JBRS. CITY ENGINEER R[E 23RRO new Paee doo ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12319 -1 n- �f i� i.1 • i? d �t This diagram is for maintenance district assessment Informatio CITY OF RANCHO CUCAMONGA w title• , COUNTY OF SAN BERNARDINO " STATE OF CALIFORNIA E 13 N I�>! LLOYI)HUBBS. CITY ENSINEGR RCE2jee9 DA— paze .zO/ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12319 -3 OAS! UN[ ''� % + OOAO "IFT 31 ✓ /ems r a _ r 3• � 1 ` r � O o ``S•• `�y b n tt .r 1! / tt ,t � cr't i. Sri •'p• ,, V •�:' a" lY•�� bt If � N 1: J O c ;`aa3T/ to iO �1 /va,� 1• 1_ i- �� c t. This diagram is for maintenance district assessment Informatio CITY OF RANCHO CUCAhIONGA title• COUNTY OF SAN BERNARDINO — �� STATE OF CALIFORNIA nT .10;L At ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 TRACT 12319 -4 This diagram is for maintenance district assessment informatio CITY OF RANCHO CUCAIviQ?VGA title, f �s COUNTY OF SAN BERNARDINO i Se 1" STATE OF CALIFORNIA _ 1177 LLOYDINii9S CITY ENSINEER RCE23889 OGT N P2EC � 03 A -J ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 TRACT 12319 -5 This diagram Is for maintenance district assessment Informatic CITY OF RANCHO CUCAMONGA tit le; N \s COUNTY OF SAN BERNARDINO ! fv STATE OF CALIFORNIA ,ti Y N nn L10Y0 ! JOS CITY ENSINEER RCE 23o FATE page ,1oY ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 This diagram is CITY OF RANCHO CUCAMONGA �`�� COUNTY OF SAN BERNARDINO n €: L r.4 �= STATE OF CALIFORNIA T LLOYD M1'o25 CITY ENGINEER R CE 23829 Tr —F l�l dos page It ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12.119 -7 for maintenance district CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO A L� STATE OF CALIFORNIA G on llnynun_or rry rueu:_eo err �ee.. �T .206 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N' ANNEXATION NO.2 TRACT 12319 -8 This diagram is for maintenance district assessment Information. only. £, =�°�� CITY OF RANCHO CUCAMONGA Lisle; COUNTY OF SAN 1BERT:9RDINO — STATE OF _CALIF n ORNIA s ' 0n LLOYD NU'o9S. CITY ENS VEER RCE 23829 DATE page i .-407 CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: Feoruary 5, 1986 TO City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek Engineering Technician SUBJECT: Intent to Annex Tracts 12830, 10210, 12801 -2, 12914, 12922, 11853 to Landscape Maintenance District No. 1 as Annexation No. 26 and setting the date of public hearing for March 5, 1986 Attached for City Council approval is •esolution declaring the City's intent to annex the above described tracts to Landscape Maintenance District Nc. 1 and setting the public hearing date for March 5, 1986. Also attached for Preliminary approval is the Engineer's report for the annexation. RECOMKENGATiOd It is recainendcd that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for March ,,, 1986. Respectfully submiAted, /V , /�� , L H:LB e Attachments ao8 ,•M 7)�.� :'t'PO.,i4�11: nrdPl t'J +•vl.d.: icy+ (i + {l:S.i11y1i.ldd.I{i,I••rylpl4 •P),.PLLI� ,-t`.11 s,1r.'vr i:` J1117 Jtt'�7,1,.9H Roy E. Daly Construction Corporation( I' - t .t 1' .� , . }! 1Cln .• -, u; v 1 ...vr•1[I •I•llo�yj • "r�r �l•u'j4, {1 t • 1 i ;,i ....i. ` I I •I', , I i +:L.?iivb_ .d3' 113��k�► 11 II •�'.. (. 1 .:Lf ; , 4 ,1 .,» b:r,r•':(Ii iC'�% 11 '1 +, i i r,, 1• I I '." n,. L- i r i'� { I. 1 .1 ;7t .fKj . �.• October 4, 1985 ::i. � Jib , ,�! �-., .. aril {• � I,a I�{��4 t. )• a. s ,�1 r L j }�'j °1fy�����.;. 1 '�,1•t•.•I{I �! ';nl iI�!. I�;— i'r••R• \!'.'I', .,,, ,li yJ ; j1Y 'it •1•� +'tJ't vR1= 1` I,I i.! ;.J;`�; ?1��, 1'P'�, ,I i 1•r,.�'1 �I,:II�'•aa.,t °I.a L, l�h;eYyl�l'.;�� ,, g A n.+ r •ra ,iP 1'.t, it I (( •.• •. .• I ;f• L SV•,+I� I • .r ' I 1 j L'I Y 1: ( w•v.. r37 41 ' I Lloyd Hubbs, City Engineer "" ; }j ! F{; 1 ,' it,i, r •.ifl :,:,, , ,1 I ' 11, 'i}'+' =•'i {{' _jr >. •' j•� City of Rancho Cucamonga , i� `.� •' •'�i'�•6 j1 " -( Il i+i'ill:f ?rtoitCC ;•I Post Office Box 807 1 ';Rancho Cucamonga, California ('91730 •� u I ' !I..!�';''�,i I �� " "�'.4f'� Dear Yr. Hubbs, ,f; I� �•'_ ;�i i1 I It I I .1• ' J;: l'N7 }7I ' `I I:Y•' ° I tl .. I" ,II 1 I I ., , J i i r ; l ' ..1! i' , 7 I7 1 . Daly Construction Corporation respectfully reque st. the annexation of Tract 11853 into the Lighting and Landscape Mainterance District. .4A(t(Itl',any questions, Li .IIbJi ;[i.`^'I.rd!gryr.:: -ri .:,,, I•;. .a6fJ'1,dy l) 1'J.i'9d•I:7'�' �'9iNl•IlY)1(i �''.}t(h? If you have any questions, please do not hesitate to give me 1 ca .:�• at (714) 9t17 -8024 . plq� r... 1' r ,S 111 : I i>'a 1:711• IJ f�' ' i•7`T 'J .j� ' ilt C .I it, 4Y + ' Sinc -rely, 'i t -fit il.v'l} : I,;a ,y, ?I ly h J,.tL•rl:N 1 t .'jl } 1 ,ia 1 r�.; y, ! t )i„ 4h lu is Lr. o r 1 Ini, I �e�/, •'' 1 I i- 17•;tj f I .I1,Igt•by Y +( ?' v- ;j�i ^ m!✓t 4 ,.y t,w� L lr7r:Y ' I7yy fl . r.; . 1IC•. r i I i I c •l yl ,r �,t y (tS'. )� .r'1• Ir i' ISt: �Jvoo��I X,1k1, aj'f. f,II'� I •James G Adams T •. C," I. I •1 S: 1.F•, r7r.�Iji�. S17y1'Pit�?Jl�j�i`.�'i�• It f;• 1 Yd'fii ?' `.,,b'n'i S4!' "t(J,jr1;:1•Wd1;A' ,,j{'I;'C'4 °Itl I�jaX4'YS1S7p�'7`�1,', 1,i.py(i .I.1l •Jti�_.Ye. t. .: {:I r ! ''n ..t I..�'C: r A•!•..34d LL:!Il�:rtrl o. n.,k�:.r.:..>':. ..P:1. R��.. �i: FSl� ^] 1'11.r1 "i • I 14^, L' it •• L II _. .. ,:.Y .. .... .1 j, ;.. ;i._, '1• +il. . 1'7= t�, t ', Jj :7 y { ri lti itil t'.- nild•iit -1 i;t' P?'Ii ' � �'-� • a! In;l'iri• ?RR;���tw��:•'f,.-.rit 7f y'I'> ^•r'LI "I,.i,,.lr l! .y I .. ., e+ K� \1�'�.a''K�Mi + ,1 ✓,,, „ �,i r 1�,���alr;J� Stu�:ii I::�i.,, � �d ,. t f rl•�: : {l :ril.:� tq.�i �t�,i��Yf.��..Nrl�l}:�!�� ' � + Atl�:l.x : N.'- �(I'�dll(.;t Y ?r..l t ;a LJ;tr..• i't��i'1��'h, • ILI r '1''.1014 rLi217�Y,�1•I •It � '�; +'t , y,' 3 II'I. R.r '1• 'i)'y:u ..y >il :.1 [ . n., .difff .i •I + /:{.7Lti�i~.: 11 ,,((; 1y,,,. `, . i Y 11 IJ .tV�Lli ij)l'I ' \, t. t� i ". �'., �.l...rl: 'i .r.1t/ ]:1 11ft.1,J' 'I +,� '.I•.,•'rVb, d,i• ,'i {•,.J,' I A Y`J51I ill r.,!li .I J, i'h n.4.�YY1Ii!•,gi�x ash., ,y^ ^ra cc T!' L �- .. .n.f i .•I!. ti i! +� .. LI'ty� }x,,•.. r. .♦ ,., Jr}� -': '� 41,Yr.! 3.1 `�h; r "„ ~;`'i.ti nr+ti+i: ,irli Jl�j •f;;, ��:, +tr �4g I `jSr ti>,� �11S �, � }t'rr..tid ,• IDTeaAi, ,rl.�'r),t5fi�rt�Ct.!'stt{�1.�, �it�� p /1/ }}r 4+r• oI.:t t'P,''J fNt`; , ��F • �'Lrilrr[.sr .l J /i• I.f= lt lir i 'c' I,, I '3: -1r r71, . y...11; it >f rY4!ii'fli()'�1� ^ITi;t' 1�,:+Vl3tti' ' I J'' r `!' :. V > ..., r, :^ Lj ! Q.f��. §Y'/F.Y7 • .t `j..a 1:]r�.t i" t { 1i.1 '>•,et'- n �' .. •,. /. �, dl :,I., 1 i d ;; <:41 .802 rCaliforniaOffice (714) 9874 �n'1 9330 Baseline Rd. Suite 206 • Rnncho Cucamonga, CA 91730 IV L RAM EN UEVELOPMENT,INC. SOUTHERN OMSION November 6, 1985 CITY OF RANCHO CUCAMONGA 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 ATTENTION: Ms. Linda Beek Engineering Technician RE: TRACT 12922 LYNNEHAVEN COMMUNITY Dear Ms. Beek: Please include our project referenced above in the City of Rancho Cucamonga's light7ng and landscape maintenance district. I understand that our inclusion in the district is now a requirement �.; review 84 -22, of our design and storm drain system. .. - Please call me if you have any questions. Sing•, �.. - '• ` Wit..:. "F1!'LANSEN DEVELOPMENT, INC. \ - 1 �IY a Murdock - ; cr��P Project Manager 1l'HLM:lfh ce: Tom Benson Wayne Johnson File ,A/o 681 DOVER DRNE. SUITE 41 NEWPORT BEACK CAUFORNIA 926571(714) 612.1852 PANNON Design & Dev3lopment, Inc. November B, 1995 Engineering Department City of Rancho Cucamonga 9320 Base Line Road Rancho Cucamonga, CA 91730 RE: Tract 012914 Gentlemen: Subject: Joining the Landscape and Light Maintenance District As o condition of approval, it has been requested of Pannon Design 8 Devel- opment, Inc, that we join t' a Landscape and Lighting Maintenance Districts and we hereby do request that Tract 912914 be acceoted Into these districts and acknowledge the assessments. As a P.U.D. (planned community development), with a home owners asso- ciation. thru its Articles of Incorpordtion, is obligated to mamtam the extb.lor and common areas. Also, there is an offer being prepared to deed the private streets to the City. In the event the City should decline the offer, the Interior streets and lights would be private property and again would be the responsibility of the homeowners association. For your verification, the Articles of Incorparatien are enclosed. Respectfully submitted, PANNON DESIGN R DEVELOPMENT, INC. 'ZZ Peter M. Laden President PML /vab Encl. 23277 Ventura Boulevard • woodland Hills. California 91364 • (818) 703.7106 .;L.// October 28, 1985 City of Rancho Cucamonga 9340 Baseline Road Rancho Cucamonga, California 91730 Subject; ReTuest to join Landscapa/Lighting District for Tract 12801 -2 Gentlemen; The Door Creek Company %areby requests that the 32 lots within Tract 12801 -2 be annexed into the Landscape/Lighting Maintenance District. It is our understanding that there is no fee or charge for such an- nexation and that wo will be responsible for one year maintenance on perimeter landscaping Please notify our office of any action with regard to this request THE DEER CREEK COMM POSI'OMCEBOX488 ALTALDI~A,CAjjR)DM9V0f 9-30 Sincerely, ."YH/ /.ii 7ittyijQv� �f11•: it•�.t ~ y : Michnol D. Vaizin V. + ily2•�p;7��' t I Director of Administration and planning ._. •,� /!tip•• lfDV /dl THE DEER CREEK COMM POSI'OMCEBOX488 ALTALDI~A,CAjjR)DM9V0f 9-30 0 C� TFCC' � C O R P O R A T I O N Construction /De ,,elopment August 6, 1985 City of Rancho Cucamonga Engineering Department 9320 Baseline Rd., Suite C Post Office Box 807 Rancho Cucamonga, Ca. 91730 Attention: Shintu Bose Rat Tract 110210 Dear Shintu: Please accept this letter as our intent to join the Landscape 6 Lighting District for Tract #10210. If you should have any questions regarding this, please call me at (714) 987 -7788. Sincerely, ?LV (^Jaov tti--� Joe, Carman, Vice President JC /de 9333 Baseline Road • Suite 290 • Rancho Cucamonga, California 91730 • 714- 987 -7788 ,�/3 BOYER ENGINEERING CO. June 11, 1986 City of Rancho Cucamonga Community Devolupment Department P 0 Box 807 Rancho Cucamonga, CA 91730 Attention, Barbara Krell RE, Tract Z)o 12830 Gentlemen, On behalf of our client, A -M Company, we hereby request permission to join the City -Wide Street Lighting and Maintenance District for the above referenced Tract. V''erry,, truly yours, .nwCC�L{✓ Dave Gillette OG,aj CC, A -M Company 2950 AIR%VAY AVWUC B-2 . COSTA MESA, CA 92126 . (714)966-0808 ,AiY CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 26 to the Landscape Maintenance District No. 1 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description Thos City Council has elected to annex all new tracts into Landscape Maintenance District No. 1 The City Council has determined that the areas to be maintained will have an effect upon all lots within Tract Nos. 12010, 12830, 11915, 12801 -2, 12914, 12922, and 11853 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right -of -way or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans frr Tract Nos. 12010, 12830, 11915, 12801 -2, 12914, 12922, and 11853. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by devalopers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (S.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1, (including Annexation No. 26) comprised of 626.626 square feet of landscaped area is shown below: .Z /$ Total Annual Maintenance Cost f.30 X 626,626 square feet 187,987.80 Per lot Annual Assessment 1878 30.57 Per Lot Monthly Assessment 30.57 2.55 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for Inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced. SECTION S. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled oEchibit A', by this reference the diagram is hereby Incorporated within the ext of this report. SECTION 6. Assessment Improvement for Annexation No. 26 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1926, to determine the actual assessments based upon the actual costs incurred by the City during the 198576b fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events I. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3 City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. .I/b •;s ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 2 6 ; /9tk S� PROJECT N a LA M!C ! aRNl.E ei sr 5 I 4 � ease � � � tr�s ere Tract 12830 ticle; CITY OF RANCHO Cl.'G \ \10 \GA CI 6- ? ENGINEERING DIVISION t tin VICINITY MAP Al? ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 26 t i \........ t....... I ' t� ! •� utr. a�nw• TRACT 10210 ¢ � CITY OF RANCHO CUCr\,\IOr'GA titlr.� y; Y ENGINEERING DIVISION un VICINITY A1r \P N - a�a 1 � v�cc F a,� ASSESSMENT DIAGRAM LANDSCAPE - MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 26 BANYAN I ST,PEET . 1 zozo CA. _ M Ap n.a wa uw a N A i VICINITY NAP dr_ ry .�� A •. CITY OF RANCHO CUCA,\IO, \GA �j t ® \ � ENGINEERING DIVISION IN nn ' VICINITY MAP A/9 u page J TRACT F NO. 128012 s O � V a �. j�:,o :.5so IA 1�7N t.t ro ; MANDARIN AVE M Ap n.a wa uw a N A i VICINITY NAP dr_ ry .�� A •. CITY OF RANCHO CUCA,\IO, \GA �j t ® \ � ENGINEERING DIVISION IN nn ' VICINITY MAP A/9 u page ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO i ANNEXATION NO. 26 t�0, CITY OF RANCHO CUCAMONGA L p ENGINEERING DIVISION t VICINITY IVIAP tin .2-aO A N Page ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 26 Ir A SCa01'g00' 14412, 1 S ev:: uQ f .I -- jIj I �..s0 O cc' F; i r -�- munuxo .rriu� IL �.. CITY OF RANCHO CUC'.AMONGA tit ENGINEERING DIVISION VICINITY MAP — °n .2 a i �, ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 26 n4lpol CITY OF RANCHO CUG \\IONGA a ENGINEERING DIVISION 'z un ' VICINITY 1 MAP r a 1 page RESOLUTION NO.4E 7- 05n08R 84 " -)(/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 26 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, on February 15, 1986, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by' the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WH:REAS, said City Council has duly considered saii report and each and every part thereof, and finds that each tnd every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by 'tie City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses of sore work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described —in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in saTUi Tisesment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the Incidental expenses thereof, as contained in said report ie hereby preliminarily approved and confirmed. SECTION 4: That said report shall Stan! as the City Engineer's Report for— Ito purposes of all subsequent proceedings, and pursuant to the proposed district. .A.2 3 RESOLUTION NO.-e0? -Or- gR 9� Q5' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION 110. 26 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of 'he Streets and Highways Code of the State of California, as fellows: SECTION 1. Descri tfon of Work: That the public interest and convenience— and it is t e ntent on of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and facilittes thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described to Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and waltz in connection with said parkways. SECTION 2. Location of Work: The foregoing described work is to be located witMn roadway right-of-way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and c*,re particularly described on maps which are on file in the office of the City Clerk, entitled 'Annexation No. 26 to Landscape Maintenance District No. I. SECTION 3. Descriotion of Assessment District: That the contemplate woe , in the opinion o sa ty ounc , s o afore than local or ordinary public benefit, and the said CIty Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga Inc laded within the exterior boundary lines shown upon that certain •Map of Annexation No. 26 to Landscape Maintenance District No. 1' heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. .21 y SECTION 4. Report of Engineer: The City Council of said City by Resolution o . • as approve the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zcnes, titled 'Engineer's Report, Ar°nexation No. 26 Landscape Mainten..nce District No. 1' is on file in th- office of the City Clerk of said City. Rt'erence to said report Is hereby made for ail particulars for the amount and extent of the assessments and for the extent of the work. SECTION S. Collection of Assessments: Thb assessment shall be Collette at t e sane time and in the same manner as County taxes are collected. The City Engineer shall file a report arimually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at whi +th time assessments for the next fiscal year will be determined. SECTION 6. Time and Piare of Hearin : Notice is mereby aiven that on February =86, a flour of pm in the City Council Chambers at 9161 Base Line, to the City of Rancho Cucamonga, any end all persons having any objections to the work or extent of the assessment distri,-:t, may appear and show cause why said work should not be done or carried ou" or why said district should not be formed in accordance with this R.•;olution of Intention. Protests must be in writing and must contain a descr 'ion of the proparty in which each signer thereof is interested, sufficient identify the same, and must be delivered to the City Clerk of said City p r to the time set for the hearing, and no other protests or objection will be considered. If the signer of any protest is not shown upon the last ivailzed assessment roll of San Bernardino County as the owner of the •operty described in t'e protests, then such protest must contain or be acconp. led by written evidence that such signer is the owner of the Droperty so descr =d. SECTION 7. Landscap inq and Llahting Act of 1972: All tho ork herein propose shall �e done and Carrie through h in pursuance of an ac of the legislature of the State of California designated the Landscaping and 'ighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTIOA 8. Publication of Rtion of Intention: Published notice shall be made pursuant o ect on esolu or the Government Code. The Mayor shall sign this Resolution and the City Clerk shall atteit to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once In The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. SAS i CITY OF RANCHO CUCABIONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Seek, Engineering Technician t r 3 1911 SUBJECT: Intent to Annex Tract Nos. 11853, 12922, 12801 -2, 12650 -1, D.R. 84 -51 and Parcel Map 9318 and 9204 to Street Lighting Maintenance District No. 1 as Annexation Nu. 14 and Tract Nos. 12922, 12801 -2, 12650 -1, D.R. 8"•51 and Parcel Map 9318 to Street Lighting District No. 2 as Annexation No. 12 and setting the public hearing for March 5, 1985 The attached resolutions set the public hearing to annex the above described tracts to the City's Street Lighting Maintenance Districts. The Engineer's Report for both Districts is also attached for preliminary approval. The following are projects to be annexed: District No. 1 District No. 2 (arterial) (local lights) TR 11853 TR 12922 TR 12922 TR 12801 -2 TR 12650 -1 TR 12650 -1 D. R. 84 -51 D. R 84 -51 PM 9318 PM 9318 PM 9204 RECDWENBATION It is recommended that City Council adopt the attached resolutions setting the date of public hearing for March 5, 1986, and giving preliminary approval of the Engineer's Report. RespRc•Fuily submitted, LBH.La. e Attachments .XkG October 28. 1985 City of Rancho Cucaeonga 9310 Baseline Road Rarcho Cuce:onga. California 91730 Subject) Request to join Landscape/Lighting District for Tract 12801 -2 Gontlemsn[ The Doer Creak Company hereby requests that the 32 lots within Tract 12801 -2 be annexed into No Landscape/Lighting Maintenance District. It is our understanding tnat there is no fee or charge for such an- nexation and tnat we will be responsible for one year �tintenance on perimeter landscaping plsasu notify out office of any action with regard to this request Sincerely, Michael D. Vairin Director of Adaiiistration and planning MDV /dl 11171 7.. 111E DEER CREEK COMPANY POSTOMCE BOX483 AM LOMkCAllFORNR 9001 (714) 98 323~ i ,2� 7 . r ,•.M r, .1 Ve •. nn ,F -.• nq ,.., ..n . '4' •,:;t Roy E. Daly Construction Corporation' �• Octobe. 4, 1985 ' , �li''1' 1 I %'• iii I• i . •o •'3 L1OYc Hubbs,'City Engineer t I •I ' I City of Rancho Cucamonga ±'�; "i'•�f�" ' I II t! t` : ? ar Post Office Box 807 J Rancho Cucamonga, California 91730 Dear Mr. Hubbs, I. ! ,I ��• •' ? f1, ' :')''7f y1.J:,'" .j'PJ�.4 ?F. r�i �.�';i! L. !1 y.qa f(t °�f 1' %•1]' ?paj 1 �: 1 b Daly Construction Corporation respectfully requests the annexation of TrJ+ct 11853 into the Lighting and Landscape Maintenance District. If you have any questions, please do not hesitate to give me a call at (714) 987 -8024.. ir ..I +E$ :11 ,•� 1 tTiI {tit {jii j, I.}I Itt! f'Y {i•I�i ?II IIa tti�ll/ 7t`,�•,.4ill 5lncereiY, •' r, . o : L, 1 n 1 1�•. i., � � i...fJ!! J �. �?•� �. f',' PI 11illiF!�Il'I' r • James G. Adams r ) C yy 1 �• ?I ' '' r rjrr)w� r. '!•'' :,I, I *f i j'ic! j +7 r3 ••`�pf •t' r �'_yyI �jj �i'• f • irlF'�GA /mm I•',��f',r j "'il II'f�iiV �t %Ift; C•�',{j.(•i, :�rk�% Al' /n, 1(4'�`�+7 +`•I�t ii: j,. 141 -w -i; 7�?{'i !j�lr; i!.:1 !� ', ...•.v, i I ' 1�' �' 1, 1 fr'•;1 I �• ° t) : �. pli lfl,S I' i i!SN,'141' �dN.'A {fr .7 .•.F , >.:. 'rvi {t •I f ;1,}' . {r li t:':,j,M1 I !)ir{ I. { ?Id �� }.� IvEI*,. %r� �':b'a r ? +f, •' .Ji.�. . n��{{r I �} y, i I f...i,jl` .,' vl' l,: . •r .�� 4' i'?,'!•N' f 9. • I�M1�'L r'I v {J, ♦ 1. 'l f'1•`�': • � 1. ...� �'i•• �?l i /�'���+1 i r,r,kfir••• I , J:J • r L, t},IitIt. LVI r'N+; {:ilr ad1�,11%Ji(. ��'•; r;,Ijtfj:r..i1, cli:� - r .'- .! +.4J .(j 1.11 to'hi; -y- c i.e� ,wli i�S'2ka1k:8'v�dt'`J •!r�{., ....Ir ''.' {��. {if .. fa, op.. �, •. , _ :'1 Jl •.t '..'i�l�[y L�� °� ,• California Office (714) 987.8024 +3,,i3F?+dfJ}�I ' 9330 Baseline Rd. • Suite 208 • Rancho Cucamonga, CA 91730 AA ID, LANSEN DEVELOPMEHT.01C. wunl[RN D114=4 November 6, 1985 CITY OF RANCHO CUCAMONGA 9320 Baseline Road, Suite C Rancho Cucamonga, CA 41730 ATTENTION: Ms. Linda Heck Engineering Technician RE: TRACT 12922 •r LYNNEHAVEN COMMUNITY ;ti t Dear Ms. Seek: !}: Please include our project referenced above in the City of Rancho Cucamonga's lighting and landucape maintenance district. I understand that our inclusion in the diutrict is now a requirement of our design • rev iw 84 -22, and storm drain s stem. ��.ik✓n:i,. ♦• �.c• Y . ' 'ra��X�y� ., ?: �y��i�y�� p,.. Please call me if you have any questions. : t \ .;,�7:�s1;�u`'•`S'•���i'� �y.1r ,a•. ' .. "�,♦s� a ...Yy,b fi'S:QbI: ♦.✓' ,i :�iZyY•� ��♦Fi, ♦���Y ¢ Si Sincerely, re ly ; + _.ti%\� .•.h • - LANSEN DEVELOPMENT, INC. lyr�_ _ •� i 'L�Ma1 Murdock %MY�! ro]ect Manager ' ,KIM: 1fh cc: Tom Benson Wayne Johnson ^♦• File 9'�CW¢aeP, Z k ., J 4`�,!'. 6-Ri 7 .y. •.. r .. n• ♦ .,\ i �'•. n Y 7I 831 DOV A DRIVE. SURE 41 NEWPORT BEACH. GLITORNIA 926x] 1041 642•Ia62 •'•ra:eor.c D("( "R September 20, 1985 Mr. Lloyd Hubbs City Engineer CITY OF RANCHO CUCAMONGA 9320 Base Line Road Rancho Cucamonga, CA 91730 SUBJECT. Request To Annex Into Lighting Maintenance District For Tract 12650 -1 Dear Mr. Hubbs= Please accept this letter as our request to join the lighting main- tenance district for Tract 12550 -1. This tract is located oi, the i south side of Banyan between Beryl and Carnelian Streets. We are scheduled for final Council approval of the final record map on Octobdr ?, 1985. If there is any additional information which is needed in order to accomplish this, Tease do not he tate I. /�J.�,y,'r7 .o contact our office. M } `t�jj �y(...%{A' Sincerely, jf.! tf f.. THE DEER CREEK COIiP,(A/N�Y,� I Michael D. Vairin Director of Administration ,...� and Planning MDV /ac �TliE DEER CREEK COMPANY P)STOMCE BOX488 ALTA LOMACALIEU M 9V01 (714) 989 -3!23 >, . X30 A.H. REITER DEVELOPMENT ^:ty 0, B1 / /CHO CLCAUDUQ EP....rap.. CY'S,O.'1 September 20, 1985 Hs. Linda Deak Engineering Division City of Rancho Cucamonga 9330 Baseline, Suite 201 Rsncho Cucamonga, CA 91730 SUBJ: Request for Installation in Lighting District for DR 84 -51 Dear Ms. Beak: This letter is to serve as our request to be installed into the lighting maintenance district for the Haven Commerce Center pro- ject, located at the northeast corner of Haven Avenue and Seventh Street, with a project number of DR 84 -51. Sinc rely t .f/ TIM J. EEDLE Vice- President of Planning d Design A. H. REITER DEVELOPKENT COMPANY TJB:mlc totaling Add,na: F0 Loa 7150 . Newp.N1 Ouch. CAWorNa 9165x-7250 . (714) 7514S94 Iu"n at Redhdl a3/ October 14, 1955 KENSLEY 51916 '# s"caxaws .,0'str ftsw, KMI11 Capnv Mr. Lloyd Hubbe City Engineer Citv of Rancho Cucamonga c/o Mr. Doug Mays 2151 East D' Street, Suite 120A Ontario, California 91764 Res Parcel Map 9204 Dear Mr. Hubbs: Pursuant to your review of our Parcel Map 9204, we respectfully request that the Kensley /Moon project in Parcel Ma 9204 be permitted to join the landscape and lightinq maintenance districts. Sincerely, 1KEMSLL.EY /MOON David J. Moon Partner DJM /ac 5191G -EL41 96&5 WW" Bouwm6 Su1e 650 • Bemty "ft CaW 90212 T0001" 1213) 959.1740 • Tee[op7 (2131278 -0791 • Ten 669.201 .232 MARTIN MARIETTA INFORMATION AND COMMUNICATIONS SYSTEMS °L�"°r'0" y"''"'� °�'� �,;,L' 1 • t T �� November 25, 1985 City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, CA 91730 Ref: Parcel Map 9318 To whom it may concern: When Parcel Map 9318 was approved by the Planning Commiss4on on September 25, 1985, one of the conditions for approval was for the installation of street lights on 7th Street. In connection with that improvement, Martin Marietta Corporation is requesting to be put on the Lighting District for the north side of 7th Street as indicated on Parcel Map 9318 cc: Gary Sanderson '233 Sincerely, Ric h�a� � Assistant Director Corporate Communications CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 14 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972,. SECTION 2. General Descriotion This City Council has elected to 'A° into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Exhibit District No. 1. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to be provided for with the assessments established by the district are The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on arterial and certain collector streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, d apartments, a dwelling unit shall be considered to benefit the sa as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas The plans and specifications for street lighting improvement on the Individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities en the street lighting district Include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. 'A3,1 SECTION 4. Estimated Costs 110 costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as Indicated below. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Righting Maintenance District No. 1 (including Annexation No. 14) comprised of 7617 lots and 256 9500L street lights, 200 5800L lights and 1 27,50OL Is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate 256 �b SSOOL 208 8.75 27 500 1 14.00 • g ressure o um aper Lamps Rate Ho's Total 256 X 9.90 X 12 - S30,412.80 208 X 8.75 X 12 • S21,840.00 1 X 14.00 X 12 • S 168.00 2. Costs per dwelling Unit: $52,420.80 Total Annual Maintenance Cost • 52421. •6.88 / year /unit No. of n is in sir c 7617 6.88 divided by 12 • .57 /mo. /unit Assessment shall apply to each lot as e..plained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled 'Street Lighting Maintenance District No. 10, Annexation No. 14 These diagrams are hereby incorporated within the text of this report. -? 3s SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events I. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. s 5. Every year in May, the City Engineur files a report with the City Council. k 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and appraves the individual assessments. 4.33 EXHIBIT •A• Properties and improvements to be included within Annexation No 14 of Street Lighting Mat tenance District 1: 9500L 5800L 27,5001. TR 11853 2 TR 12922 5 TR 12801 -2 3 8 TR 12650 -1 36 D. R. 84 -51 2 PM 9318 3 PM 9204 3 1 A.77 ASSESSMENT DIAGRAM STREET LIGHTING. MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 14 N 1 %" •t^,rt CITY OF RANCHO CUCAMONGA p title; TY COUN OF SAN BERNARDINO � \ Sec t; STATE OF CAMIFORNM _L!E N — _un LLOYD HUBB ,CITY ENGIN =ER RCE23889 047E I page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 q u� V ANNEXATION NO. 14 J., ll ^+ ��. �w•��w llYYn 1YSYY� \ ww I L� ~ -� eN1 wow n[. W - 41 tf pn `IN l • n - ' • I urt ncwr WP �oc oh CITY OF RANCHO CUCAMONGA title. y. S \S COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA _12922 LLOYD HU89S CITY ENGINEER RCE23889 DaTc P2Se ASSESSMENT DIAGRAM STREET LIGHTING. MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 14 SW L(LVA�Iq�rmua roan � I 7,LY G13.1mcm -1 OVJfET COLLEGE Xd1 T7 MA k0I TO SCALE CITY OF RANCHO CUCAyAONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA — ,� T un LLOYD MBFIS.[IT FFfjr.IfyrFR Orr aaee,. l�i page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. ± ANNEXATION D!0. 14 a I 1 rill frl S t LI II LH'11 d tq I tf u�u.ov � A4 rnl I L - i' 1 - } - , WIM �I,D,L ;�•• I,I� � j�3 li1Ll � 111H11�1111' �,._ I1� 1J. i1.fl _ . 1 � � CffY OF RANCHO CUCAMONGA "`1`; ._� COUNTY OF SAN BERNARDINO A STATE OF CALIFORNIA rl R 84• ,n NL LOYD HUBBS CITY ENGINEER RCE23889 DATE pogt ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DIST.11CT NO. 1 ANNEXATION NO. 14 su60rOL pc a CITY OF RANCHO CUC"ONGA COU*ITY OF SAN BERNARDMO 1 STATE OF CALIFORNIA 1 �T LLOYD HUMS. LITY ENGINEER orr poge ASS°SSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 14 A CrrY OF RANCHO CUCAMONGA tit e S� �S COUNTY OF SAN BERNARDMO i'- STATE OF CALIFORNIA __z un LLOYD HUBBS, TY ENGINEER RCF 73aao nni N P26e CI RESOLUTION N0. rno G_ .• d` _ a Y' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 14 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, on February 5, 1986, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in w^'•ing as called for pursuant to said Act, which report has been presented • s Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o sa work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and de—in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily Approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in s�Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of thu incidental expenses thereof, as contained in said report is herety preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for— f ieipurposes of all subsequent proceedings, and pursuant tj the proposed district. A vy RESOLUTION NO.'E92= 05= I'�'rf� SG - a A RESOLUTION OF THE CITY COUNCIL OF THE CI7Y OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION To STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 14 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERET^ NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Desc�ri lion of Work: That the public interest and convenience rye an a— sd 1 1 the a cion of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundar es of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation Includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to be located w t ,n roadway r— T—gtTy enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled •Annexation No. 14 to Street Lighting Maintenance District No. 1 ". SECTION 3. Descri lion of As District: That the contemplate work. in the op n on a sa CRY council. is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga Included within the exterior boundary lines shown upon that certain "Map of Annexation No. 14 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. has approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1' is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. -2 ys SECTION S. Collection of Assessments: The assessment shall be collected at the same t me an n t e same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of on March 3;T4B��at a a—ur ofT3b r Base Line, in the City of Rancho Cucac objections to the work or extent of tl show cause why said wnrk should not district should not be formed in Intention. Protests must be in writing property in which each signer thereof the same, and must be delivered to the time set for the hearing, apd no o' considered. If the signer of any prates assessment roll of San Bernardino Cc described in the protests, then such pro written evidence that such signer is the learin : Notice is hereby given that n the City Council Chambers at 9161 :nga, any and all persons having any assessment district, may appear and ie done or carried out or why said ccordance with this Resolution of and must contain a description of the s interested, sufficient to identify City Clerk of said City prior to the her protests or objections will be is not shown upon the last equalized inty as the owner of the property est must contain or be accompanied by owner of the property s, described. SECTION 7. Landsca 1n and L1 htin Act of 1972: All the work herein proposeFsFall a one an carr e t rough in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be ma —Fe to ect on of the Government Code. The Nayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall case the same to be published 10 days before the date set for the hearing, at least once in The Da" R_e_�ort, a newspaper of general circulation published in the City of nta0�o, ZlNi arnia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPPOVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: Jon D. Mikels, Mayor .2 Y6 CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annexation No. 12 SECTION 1. Authority for Report This report is in compliance with 1, Division 15 of the Streets and (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to 'A• into Street Lighting Maintenance determined that the street lights to all lots within said tracts as dell street lights. the requirements of Article 4, Chapter Highways Code, State of California arnex the tracts enumerated in Exhibit District No. 2. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference 1s hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development Is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. -,2Y? (incluThe ding estimated tota dingAnnexationNo. 12)SComprlsedioft2402 lots tand n651 street clights is shown below: 1. S.C.E. Maintenance and Energy: amp Size* ant Y ate•• • Pressure-5o um apor '•SCE Schedule LS -1. All night service per map per month, effective Oanuary 1, 1983. Lamps Rate Mo's Total S 9.90 X 12 651 X 8.75 X 12 • $68,355.00 2. Costs per dwelling Unit: 568,355.00 Total Annual Maintenance Cost 68,355 •28.46 /year /unit a, o n is n s r Ict 2402 28.46 divided by 12 • 2.37 /mo. /unit Assessment shall apply to each lot as explained in Section 6. SECTION S. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled *Street Lighting Maintenance District No. 2•, Annexation No 12. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwallinq units per lot or parcel. It is proposed that all future development shall be annexed to the District. aY 9 SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. ?. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers Al testtminy and determines to form a District or abandon the proceeding;. S. Every year in May, the City Engineer files a report with the City Council. 6. Every , to June, the City Council conducts a public hearing and approve .r modifies and approves the individual assessments. A,i7 EXHIBIT •A' Properties and Improvements to be included within Annexation No. 12 of Street Lighting Maintenance District 2: 5800L TR 12922 5 TR 12801 -2 TR 12650 -1 36 D.R. 84 -51 PM 9318 As' D ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 12 3f1AI )-;Rk STRfEr, 2020 (�{' 3 1.12801-2 s S CAD i.551�C�7A't 7:7 t! G i I �ia MANDARIN AVE 629 00' Au.r ea um /4 I VICINITI' DiAP fir. v„ CITY OF RANCHO CUCANIONGA ENGINEERING DIVISION A 6 Irn VICINITY MAP fit/ page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 r ANNEXATION NO. 12 4 4 t. -,. _ fi Z., I ,lit �....�.�.;•...` i , I e. 0 I YIOAeM_O It[YY[ ��'� OCIq }} W[ o°" lrr M CITY OF RANCHO CUCAMONGA title COUNTY OF SAN BERNARDINO / `� -7r-1 SPATE OF CALIFORNIA 1 un LLOYD MUR85 CITY ENGW�c — "R RCE 23889 DATE page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 12 pEl p IC r .s 1= nn �I x• swEwwnnowrwLraiu OWgEy COLLEGE NOT 70 SCALE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO A lr tic ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 ANNFYATInM NA 1 O i i 1 � I � _ , :s 6. 4�:yr c HT7 Irk i'IJmlirr•IkT�iiiilrll�lr•1,� IIIi ;t1.;,r y 1JI Iwilluaa yl ��lu��ului =° T TI 1pfl_I111,1!h1tut LuLiWwill - CITY OF RANCHO CUCAMONGA w title; COUNTY OF SAN BERNARDINO J \ STATE OF CALIFORNIA `1� p8 AYDHU095 CITYENGINEER RCE238 9 D N page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.2 ANNEXATION NO. 12 0 .j. Ir� I I a� CITY OF RANCHO CUCAMONGA • • —E -s COUNTY OF SAN BERNARDINO e: C, 5 . i� STATI. OF CALIFORNIA (L CYO MIBP� CITY ENGINEER RCE23889 , page RESOLUTION NO. EO2= 0STdfI o � - c A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 WHEREAS, on February 5, 1966, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; ant WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: Tnat the Engineer's Estimate of the itemized costs and expenses osafd —work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed SECTION 2: That the diagram showing the Assessment District referred to and descried —in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed SECTION 3: That the proposed assessment upon the subdivisions of land in s—M- sA sessment District In proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidc tal expenses thereof, as contained in said report is he.•eby preliminarily approved and confirmed SECTION a: That said report shall stand as the City Engineer's Report for e purposes of all suhsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 5th day of February, 1996 AYES: NOES: ABSENT: dsG RESOLUTION NO. 05 -15RC 8 (v - a' � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON4A, CALIFORNIA DECLARING I.S INTENTION TO ORDER THE A`14EXATIO3 TO STREET LIGHTING MAINTENANCE OISTR:CT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 12 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2: PURSUANT TO THE LANDSCAPING A4D LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HE4RING OBJECTIONS THERETO NOW, THEREFORE BE If RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descrl Lion o�f Work: That the pu'lic interest and convenience requ re an t sd f 1 t�ientention of this City Council to .form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation Includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to be located wTth niroadxay r giFit=o� enumerated to the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled 'Annexation No. 12 to Street Lighting Maintenance District No. 20. SECTION 3. Description of Assessment District: That the contemplates wo—r—, 1n the opinion of said ty ounc , s o more than local or ordinary nublic benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 12 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. - nas approve6 t ort of the engineer of work which report Indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file In the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the wort. elf? SECTION S. Collection of Assessments: The assessment shall be collected at the same t me an n t e same manner as County taxes are collected. the City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing ,.,ron said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Tire and Place of Hearin : Notice is hereby given that on March 5. Mo. at ie our o pm n t e City Council Chambers at 9161 Base Line, to the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said distr,ct should not be formed to accordance with this Resolution of intention. Protests must be in writing and must contain a descriotion of the property in which each signer thereof is interested, sufficient to identify the sane, and must be delivered to the City Clerk of said City prior to the time set for the he ring, and no o:he, protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of Sa. Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so ..cscribed. SECTION 7. Lan%aoin and L1 htin Act of 1972: All the work hereto propose s�iall a one an Carr, e t roug n pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication cf Resolution of Intention: Published notice shall be maw pursuant to ect on b of the Goverment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, it least once in The Daily Re ort, a newspaper of general circulation published in the City of Ontario. Lalifornia, and circulated to the City of Rancho Cucamonga, California. PASSED. APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: Jon D. Mikels, Mayor .:Z S'B CITY OF RANCHO CUCAMONGA STAFF REPORT c J 4F C 8 i 19" DATE: February S, 1986 F0: City Council and City Manager FROM: Robert A. Risso, Assistant City Manager BT: Jerry B. Fulvood, Assessment Revenue Coordinator SUBJECT: Anneration Bo. 86 -1, Community Facilities District No- 84 -1 (Day Creek Drainage System) Pursuant to provisions of the Mello -Roos Cemn:uity Facilities Act of 1982, be- ing Chapter 2.5, Par: 1, Division 2, title S of the Coverauent Code of the State of California, and specifically Article 5.5 thereof; the following items are included for your review prior to adoption of the applicable resolution., I. Copy of Resolution adopting Annexation Boundary Map. 2. Copy of Resolution of Intention to annex territory to a Community Fa- cilities District 2. Resolution ordering Annexation "Report." 4. Preliminary Annexation Report RAR:JBF:bas attaubments .a r5 'j�� WW RESOLUTION 10. 86- .30 A RESOLUTION OF THE CITY COUNCIL OF THE CITE Of RABCHO CUCAMONGA. CAL YORSIA, ADOPTING BOUNDARY NAP SHOWING TERRITORY TO BE AYNEXED TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agamc79. desires to a mex territory to an existing Community Facilities District pursuant to the terms and provisions of the "r .lo -Roos Community Faci uties Act of 1982", being Chapter 2.5. Part 1, Division 2. Title 5 of the Covarmmaot Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 84 -1 (DAY CREEK DRAINAGE SYSTEM) (hereimaf ter ref aired to as the "District "); end, WHEREAS, there has been submitted a map showing the territory proposed to be annexed to the existing Community Facilities District, a'd •cam to be designated as ANNIZATION NO. 86 -i COMMUNITY FACILITIES DISTRICT NO. E4 -1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the " annexed territory") NOW, IN ONE, BE IT RESOLVED AS FOLLOWS: 6WT1UN I That tea above recitals are all true and correct. swTION 2. That the map shooing the property, parcel@ and territory proposed to oe annexed to an misting Community Facilities District and to be a "b)ect to a special tax to be levied is hereby approved and adopted. Said sap is designated by the name of the existing District and the cumber of the proposed annexation. S"TION I That the or -g,nal of said asp shall be kept an file in the Ottice of the City Clerk, and • copy shell be on file in the Office of the Engineer. PASSED. APFRWCD, and ADOPTED this a day of e, 19@. AIES: HOES: ABSENTu Jon D. Mikals, Mayor .X00 RESOLUTION 80. 86+ 3f A NESOLUTION OF THE CITY COUNCIL OF THE CITY OF RARCRO CULAMONGA. CALIFORNIA, DECLARING ITS 13TERTIOII TO ANNE( TLWTORT TU AN EXISTING COHHONITY FACILITIES DISTRICT WHEREAS, the City Council of the City of gaucho Cucamonga, California, (hereinafter reterred to as the "legislative body of the local Agency "), at tots time is desirous to snnes territory to an existing Community Facilities District pursuant to the term end provisions of the "Mello -Root Com unity Facilities Act or 1982 ", being Chapter 2.5, Part 1, Division 2, Title 5 of the Coverb"ut Code of the State of California, and specifically Article 3.3 thereat. Toe existing Community Facilities District has been designated to COMMUNITY PALILLrIES DISTRICT N0. 84 -1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter retorted to a the "District "); and, as WHEREAS, the area proposed to be annexed @ball be known and designated ANNEXATION 80. 85 -1 COMMUNITY FACILITIES DISTRICT NO. 84 -1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter raterred to as the "annexed territory "). WaER "AS, this legislative body is am desirous to proceed to adopt Its Resolution of Intention to annex territory to the misting District. to describe the territory included within the existing District and the territory proposed tar annexation, to specify the facilities to be provided, to set and speeity the special taxes that would be levied within the territory proposed to be annexed, and to not a time and place for a public bearing relating to the annexation of territory to said District; and, WHEREAS, a map showing the territory to be annexed has been submitted, white Gala map is hereby approved and a copy of said nap $ball be kept on file vitb the transcript of these proceediogs. NW, THENEFORC. BE IT RESOLVED AS FOLLOWS: SeCIION 1 That the above recitals are all true and correct SECTION 2 That these proceedings for annexation are initiated by tots leg u ta rive body pursuant to the authorization of Section 53339 2 of the Covernaeac Code of the State of California. bti T108 3 That this legislative body hereby determines that the pabtic convenience and cecessity reouires that certain territory be added to the existing District and this legislative body declares its intention to one" said territory to the misting Community Facilities District, and a description of the boundaries •ad territory proposed to be annexed is as follwGt .i (a / Resolution No. 86 —ea Psgo 2 Beginning at the ceoterlice intersection of HIGHLAND AVENUE (66 feet vide) and MILLIKEN AVENUE (66 feet vide); thence Northerly dloag the centerline of MILLIKEN AVENUE 2,652 feet to the North line of the outbvest 114 of Section 30, Township I North, Range 6 West, San Bernardino Meridian; thence Bast along said ]ins add the Oorth line of the Southeast 1/4 of Section 30, 4,034 feet to the centerline of ROCHESTER AVENUE (60 feet vide); thence South along the centerline of aid ROCHESTER AVENUE 2,640 feet to the centerline of HIGHLAND AVENUE; thence West along the ceoterlice of said RIGHLAND AVENUE 4,018 feet to the point of beginning. Containing an area of 245.00 gross acres, more or less A general description of the territory included in the existing District is hereinafter described as follows Certain properties lying within the following described boundaries. Southerly by FOURTH STREET Westerly by MILLIKEN AVENUE Northerly by the Northerly City limits of the City of Rancho Cucamonga t HIGHLAND AVENUE and WILSON AVENUE) Easterly generally by ETIWANDA AVENUE For particulars, refereace is made to a map previously approved and on Ilia to the Oftice of for City Clark. SECTION 4. The came of the proposed annexation sball be known and designated as ANNEXATION NO. 66 -1. COMMORITr FACILITIES DISTRICT 00. 84 -1 (DAY CREEK DRANAGE SiSTEM). SECTION 5. That the types of public facilities provided to the existing District are generally described as Pet forth bal w. and no additional facilities are to be provided in the succeed territory and the existing facilities for the existiog District will sett# the properties within the annexed territory. A general description of the facilities authorized in the existing District is set forth an follwss I. PRIMARY DRAINAGE FACILITIES TO SERVR_ZOME9 'Ae AND ^Rs• DEBRIS BASIR.- The construction of flood control retention add rater reclamation basic improvements in the unincorporated area -orth of the City. DAY CREEKi Major flood control channel improvement existing from the enacts basin to the Southerly boundary of the City of Rancho Cucamonga (FOURTH STREET). .:?6-L Resolution No. 86 - ** Page 3 It. JOIN] COOPERATIVE IMPROVE2j= In cooperation and coordination with the City of Ontario, as,stance shall be provided for the construction of the tollowingt DAY CREEK CHABgM improvements ETIWARDA CHANNEL improvements W1M6YIlyE BASIN flood control retention and utter reclanatcou oasin improvements The above imprwenents are located outside of the incorporated lints of the City of Rancho Cucamaoga, but necessary to aerve the properties and developmeat within said City. Ill. YNlDERALLT A46EASED FALtL2ri ES The construction of certain DAY CREEK spreading grounds and the DAY CREEL BASIC, only upon the condition that certain Federal 3aterest -tree loans are obtained, including the acquisition of r.ght- of-way mud land, as necessary, including other facilitiea, appurtenances and all incidental cpeaes. SLCTION 6. A special tax, except where funds were otberwise available, has been autborixed to be levied within the boundaries of the ex-sting District. For particulars as to the rate and method of apportionment of the existing tux for the District. reference is ade to the attached and incorporated Exhibit "A "s which sets forth in sutficieot detail the method of apparoionmeat to all °v each landowner or resident within the existing District to clearly estimate toe annual asmvat that said person will have to pey on said •vecial tax. It is rise intent of thin iagialative body that the sates tax as existing would be leered within the proposed annexed territory to pay for the above-described Public facilities. SCA.TIOR 7. NOTICE IS GIVES THAT 03 THE 19TH DAY OF MARCH, 1986, AT THE HOUR OF 7:3U O'CLOCK P.N., IN THE REGULAR MEETING PLACE OF IHR LEGISLATIVE BOUT, BEING LOCATED AT 9161 EASE LIFE DRIVE, RANCHO COCAMODCA, CA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ANNEXATION CF CERTAIN TERRITORY TO THE EXISTING COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAI TO BF. LEVIED WITHIN SAID PROPOSED ArNEXED TERRITORT, AND ALL OTGER MATTERS AS SET PORT. IS THIS RESOLDTION Of INTENTION. THAT AT THE ABOVE - MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ASY PERSONS INTERESTED. INCLUDING TAXPAYERS, PROPERTY OHHEGS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTCD PER.9LNS FOR OR AGAINST THE ANNEXATION OF TERRITORY TO THE EXISTING DISTRICT AND THE FURNISHING OF THE FACILITIES, WILL EE HEARD AND CONSIDERED. A43 Resolution No. 86 —ee Page A ANY PROTESTS MAY BE MADE ORALLY OR IS WRITING. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CLERK OF THE LWISLATIV6 BODY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC BEARING. IF A WRITTEN MAJORITY PROTEST IS FILED AGAINSI THE PROPOSED ANNEXATION, THL LECISLATIPE BODY SHALL ABANDON THE PROPOSED ANNEXATION OF THAT TERRITORY TO THE EXISTING CCMNITY FACILITIES DISTRICT. SECTION 8. That notice of the time and place of the public hearing oball be given by the City Clerk in the following wooer: 1. A Notice of Public gearing shall be published in the legally designated newspaper of general circalatLoo being the DAILY RKPORT, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. 2. A Notice of Public Hearing shall be mailed, postage prepaid, to each property moor and regiccered voter vithin the boundaries of th+ territory proposed to be seemed-. said sailing to the property moats shall be to the address as shown on the lost equalized assessment roll. Stid mailing @ball be completed at least fifteen (IS) days prior to the date sat for the public hearing. SECTION 9. All environmental evaluation proceedings relating to the annexation of territory to the existing District shall be completed prior to the date and time set for the public bearing. PASSED, APPROVED, and ADOPTED this a day of e, 19s. AYES NOES: ASSENTt r.e4 txi1 ]an D. Mikels, Mayor Beverly A. Autbelet, City Clerk .thy CITY OF RANCHO CUCAMONGA PANEXATION NO. 85 -1 COMY.UNITY FACILITIES DISTRICI NO. 84 -1 (DAY CREEK DRAINAGE SYSTEM) EXHIBIT •A• The rate, method and formula for the levy of the special tax for the area subject to annexation, based upon a bond amount not to exceed S20,225,D00.00, payable over a period of years not to exceed twenty (20) years, shall NOT EXCEED 5550.00 PER ACRE PER YEAR. • � s a &s RESOLUTION 80. 86a 3 a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RARCUO CUCAMONGA. CALIFORNIA, ORDERING AND DIRECIING THE PREPARATION OF A "REPORT" FOR ANNEXATION TERRITORY TO A COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to a the "legislative body of the local Agency "), at this time is desirous to annex territory to an existing Community Facilities District pursuant to the term and provisions of the "Mallc&Roos Comrunity Facilities Act of 1982 ", being Chapter 2.5, Part 1. Division 2, Title S of the Government Code of the State of California, and specifically Article 5.5 thereof. The existing Community Facilities District bes been designated as COMMUNITY FACILITIES DISTRICT NO. 84 -1 (DAY CREEK DRAINAGE SYSTEM) hereinafter referred to as the "District "); ■ad. as WHEREAS, the area proposed to be annexed shall be town *ad designated ANNEXATICN 80. 86 -1 CUIOMUNITY FACILITIES DISTRICT 80. 84 -1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referral to as the "annexed territory "). WHEREAS. this legislative body I.areby directs the preparation of an Annexation "Report" to provide more d"taLled information relating to the existing District, the area proposed for enoexatioo, the existing and proposed public facilities, and the special tax rate and apportionment to be authorised for levy within said annexed territory. NOR, THEREFORE, BE IT RESOLVED AS FOLLONSs SECTION 1. That the above recitals are all true and correct. SECTION 2. That NILLDAN ASSOCIATES, the appointed ENO LYLER OF WOSR, is hereby directed and ordered to prepare a "Report" to be presented to this legislative only, said "Report to contain the following informtLons A. General description of territor, included in the existing District; B. General description of territory .ropor.ed to be annexed to said existing District; C. A deserlotioo of the public capital facilities and /or services, If applicable, provided in the existing District; D. A desrription of the public capital facilities and /or services, if applicable, to be provided in the territory proposal to he annexed, including a plan for sharing facilities that vill be provided in common vitb the existing District and the territory proposed for annexation; .2 (0 G Resolution No. 86 - ** Page 2 E. General description of special tares to be levied vitbin the territory proposed to be annexed to pay for said public facilities. A special tax to pay for public facilities financed through bonds may be adjusted as authorised by Section 53339.2; P. A description of any alteration in the special tar, if applicable, by reason of the annexation. SECTION 3. This Annexation 'Reports, upon its presentation, ahall be submit e1 to this legialatica body for review, sod shall be made a part of the record .f the public hearing ou the Resolution of Intention to son" territory to the existing District. PASSED, APPROVED, and ADOPTED this * day of *, 19*. AYES: NOES. ABSENT, Jon D. Mikels. Mayor ATTESTt Beverly A. Aothelet, City Clerk I, BEYBRLY A. A3TeELET. CITY CLERK of the City of Rancho Cucamonga, California do hereby corti'y that the foregoing Resolution vas duty passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular (special. adjourned) meeting of said City Council bald on the * day of *, 19* *. Executed this * day of *. :9 ** at Rancho Cucamonga, California. haverly A. Authelet, City Clerk nIMV AV o., unvn nnn ♦ \,A \,f. STAFF REPORTS %�`' .V DATE: February 5, 1986 19%7 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT M N NLCMO U NG - Proposal to amena bections i. per a n ng to 'Landscaping% and 11.08.040 -I pertaining to "Slope Planting', of the Development Code of the City of Rancho Cucamonga, Ordinance No. 211. I. BACKGROUND: On January 15, 1986, the Council completed first readTn-9--0r this proposed amendment. During discussion of this Item, concern was raised regarding tree planting stanJards to be Included for the larger size trees required with this ordinance amendment. The concern centered on providing deep -root containers to ensure that newly planted trees would develop a root system to promote healthy and safe tree growth. Attacned are some possible standards that provide details showing deep -root containers included as part of tree planting specifications. In assessing the various ways to Implement planting requirement; with deep -root containers, staff has come to the conclusion that it would be the preferred method to de-olop tree planting standards that Include requirements for deep -root containers that would be adopted anc became part of the City's "Standard Drawings" manual. The 'Standard Drawings" manual is a collection of specifications and standards detailing requirements for various types of improvements. Section 600 within this manual pertains to landscaping and Irrigation standards. A Standard Drawing already exists and is in use that requires deep -root containers for street trees planted to City parkways (see attachments - City Detail No. 605a). Since a mechanism already exists to impose deep -root panting requirements, it would make sense to use this in -place Procedure as the base upon which further refinements and adjustments can be made. Also, it is staff's opinion that this method would also offer the most equitable solution whereby the City has the ability and flexibility to impose the Standards where necessary dependent upon site conditions. AG8 CITY COUNCIL STAFF REPORT DCA85 -04 - City of Rancho Cucamonga February 5, 1986 Page 2 Ii. RECOMMENDATION: The Planning Commission recommends approval of th s eve opment Code Amendment. If the City Council concurs, Issuance of a Negative Declaration and adoption of the attached Ordinance would be appropriate. Staff further recommends that the City Council direct staff to develop tree planting standards that ii.clude provisions for deep -root containers to be adopted into, and become part of the City's °Standard drawings• manual. Respectfully submitted, Brad Buller City Planner BB:BC:ns Attachments: Tree Planting Standards with Deep -Root Containers City Council Staff Report, January 15, 1986 Planning Commission Staff Report, November 27, 1985 Planning Commission Resolution City Council Ordinance ;,65 .J a 1 city of rancho cucamonga STANDARD DRAWING DOUELE STAKING 16" V I T. twist brace, f tinges nailed to Iodgepole pine stakes with galy, roofing nails 12" dla Iodgepole pine staket 10' long (2) with wood preservative stain stake a minimum of 12" Into undisturbed soil mod align stakes parallel to center line of street. (use 12' stakes for Euc3lyptu7) LOCOEPOLE TO Sr. TREATED to gravel backfJi 1' finished grade t . t m` Oeep root or equal control planter `h( 22- 29 -18 -P where required or approve e ual —1 BackfIII free of rocks 3" In dla. or greater FERTILIZATION Agnfarm 21 gram DIanl.ng tablets for egcall an tablet Per each Ile of c-illper Uhl ,h,�k�' TREE STAKING DETAIL 1605 /rw 'r.c..sr.t �: EXTERIOR STREETS 1 city of rancho cucamonga STANDARD DRAWING Designated Street Trees* Pa<t TO We.t Botarur +I Pkwy Commnr, lea-leg Hillside Bauhlna variegate Tristarla Orchid Tree �G D 5 23 Wilson con recta Calllsterron citrinus Brisbane Box Lemon Bottlebrush 4-6' Z•4' E 23 Banyon /summit Liquldambar arientalis Oriental E 23 Lemon 5ophora Japonica 5weetguni Chinese 6 -8' D 23 Highland 8 Magnolia grandiflora Scholar Tree 4-6' D 23 19th "Majestic Beauty" Quercus agrifbills Southern Magnolia 6 -8' E 30 Baseline Eucalyptus cladoralyx Coast Live Oak Sugar Gum 8.10' E 33 Church/Miller Pittosporum undWatum Victorian Box 8 -10' ,-6, E 33 San Bernardino Foothill Alblzia Jullblssln "Rosen" Silktree u-8 , D 23 23 Arrow Hwy. Eucalyptus viminalls Quercus vlr tniana Querc s v Manna Gum. 3 -10' E 33 9th 6th 1lnariifolla Southern Live Oak Flaxleaf Paperbark 6 -8' 4-6- E E 33 4th Pinus canariensis Eucalyptus carraldulensls Canary Island Pine Red Gum 6-8' E 30 30 North_ 8 -10' E 33 tRh Turquoise 6aaanl re Koelreuteria pariculata Pistacta Golden Rain Yree 4 -6' D 30 Jasper/Baker chmesis Pinus halepinsis Chinese Pistacia Alle opine pp 6 -8' D 23 Carnellan Eucalyptus sideroxylen 6 -3' E 23 Beryl "Rusea" Cupanicpsls a nacardloldes Red Iran Bark Carrot Wood 6-8' E 33 Hellman Amethyst Jacaranaa acutitolia Jacaranda 6 -8' 4 -6' E D 33 23 Archlbald Zelkovaserrato Platanus Sa 2a 4�' 1) 23 racemosa lror Calf ronNa Sycamore Syca 6 -8' p Ramona Hermosa/Turner Alblzia Jullbrlssin "Rosen" Liriodenarcn Silk Tree 6 -8' E is 23 Haven tuliplfera Eucalyptus vtnunahs Tulip Tree Manna Gum 6.8' D 33 Milliken Rochester/ Quercus ilex Holly Oak y 6 -8' 6-S' E E 33 33 Etiwanda Eucalyptus Polyanthemos Silver Dollar Gum 6 -8' E East Eucalyptus Sideroxylon ,ter Red Ironbark 6-8 E 33 }$ �Rnot nntrel p wi. a required for trees placed in AgE45 Lta,n hated _for designated trees, with leis planting YIatA DESIGNATED STREET TREES ry C� Pr -T,AI L '/&, If STET Tgf-S 2,� LODGCFmG oR RDWD',)TAKE t•wm RllSB@R ORArrRoYC&p TREE TIM 51_Rr:�ET -TRFe PLANTING and STAFINcz F_ =TAIL 6 -A ATTACHMENT "8 -A" 17 �i� =&;V -T FINAL �4B- Fee VI;NTIIPA COUNTY PUI5LIC woRICS Aae<_y UUNE -11 IgBZ TIE PER DETAIL "A" - 2rL?_CS MINIMUM o Z �E -C-K4YeL IP/�PPLICAFJL� FINISH GIzPpM z � alti. SCOT BALL r >al� Jill \ \ \ PPLaF RAT r"TER ; ` -4 E � . \� ' • "T F;T MIN 2•X rem 4Hd WIPrH OF tZWT3'%L L *" P^REV �KrILLtMIX °.p z f1N6Wn W. OF `/3 N I M L I Z 9 ^- +hIAVINGS� 3 tITE SOIL > V (� • T E4GHL�( TAMF4kiWg7el D°C14'ILL !PALM TREE TO BB rLANTLc 51_Rr:�ET -TRFe PLANTING and STAFINcz F_ =TAIL 6 -A ATTACHMENT "8 -A" 17 �i� =&;V -T FINAL �4B- Fee VI;NTIIPA COUNTY PUI5LIC woRICS Aae<_y UUNE -11 IgBZ G�C UJ` y 1 IaI s � � STAKE ¢¢ TIE fflfl Y P•T - II`1EN/T b-A OR .Iil Sf< — `:lI MWALr� j i N 1 I-lG KOOT BALI. -DEEP 90crr PtA:,ITe-& kp ZZ-c9-16Y I'OP, ALA, I°., CIA L, K.ih QED 7��G4 KoK ZOK ApPRpVtBD Ecaulv.) - 3 /4'GRAV5L- �r�C Y�FI LI. M, ATTACH - MEt.LT 48 -A' R,%.r, tTrr, Uef -Z4 (OF, I:QJIV ) TKc� T W \NE � ATTACHMENT "B -8" 18 Va447 R\ COUNTY purl -IC wort -r, A G P -� PFIXWN ay D. LOU'A" JUNE 7, I°)5z. r 1 1' 1� 1I 9 i 1� ]l� i , i l' (L t e 97Ar4 E € TIE FEK iJ ATTACHMENT FAnr,WAY WIVTl4 (P)� ANO 310EtVALY� WI17; H (5) WiL j, VARY ,ACCOf?,pINCa To &"O 5TANOARG' U5E✓. TREE RACE- r1Er,, (T) It-, TO 6i% �z O; op C UK J To C,J25 V-T" G�%p �.AUTEIZ uo, FAR ALL 15 � GAL, - TREES. U5E mo, UOP`4 F F, EOxw Tgr-rt * %�AGIC�ILL FM ATTAGH- �.I�l!Y WHEN U ;IVC4 GEE' rc^.� PL#,NTE� 66P -24. APPF -oVrD j5,QIJIV STi�EET TKM[� OETAIL 1 i i Cr ;ZIG� -I i Cr WAY �ATTACHMENT "8 -C" a z" Ir , ;n ' M z 11111' tff 1 0 =7 fa lll�l �� 1I NO SCALE v..r. V COUNTY FU6LIG WRKS ACA6taG( PP -AINN by S, Lorr,ARD JUNE 7,196z e") 3TA�e 4 Tie POK (FrI' ATTACHMENT 1 2=� MItJ. illy illc:i•° W ti1KAVvL- 7-00 I GALL Mpl ROT Pi AF-iT�'K uo ZZ -Z9 -ISP WR ALL 15 GAL. Tr ?.Et' :. UhB NO, U6 ?-Z4 GOK bOXIW TR06v. tort AMMOVen Mo!v. i EA' hFi'v . i-R. ATT'4 I+ T '8. P: P �a�T PLr��I� EPA U&P -24 ✓, ti� i , I tP.G ✓C ��L TO CU K5 ATTACHMENT '8 -0' 20 A7 ,5 . -o,. I I I Z V6-14TUw. CCUn,TY R16LIG WORY.S ACME hNc' DRA�V�. 6Y B. LCcKP.RD JUWS 7. I°182 Iz J ii, II- Q ;• ;si 1 NO :GALE V6-14TUw. CCUn,TY R16LIG WORY.S ACME hNc' DRA�V�. 6Y B. LCcKP.RD JUWS 7. I°182 C CITY OF RANCHO CUCANIONGA STAFF REPORT DATE: January 15, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT CODE AMENDMENT 85 -04 - CITY OF RANCHO CUC N A - roppsa to amen sections pertaining to "Landscaping", and pertaining to 'Slope Planting", of the Development Code of the City of Rancho Cucamonga, Ordinance No. 211. I. BACKGROUND: This amendment would revise two sections of the Oeve opment Code, one regarding landscaping, and the other in reference to slope planting. The amendment to the landscaping standards would revise requirements for tree planting for applicable residential developments by reducing the number of trees required, but increasing their sizes. This amendment has as its purpose an adjustment in the relationship in tree numbers versus tree sizes to produce a landscaping program that would be more effective in its design, and would be more Consistent with the goals and policies as established by the General Plan. The other amendment IS to the section pertaining to slope planting. Its purpose 1s to bring Development Code standards into conformance with established City policies and procedures for grading. II. CORRESPONDENCE: This Development Code Amendment has been a vert se as a public hearing in The Daily Report newspaper. III. FACTS FOR FINDING: Before approving the Development Code Amendment, the ouncil must determine that the amendment will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposal must be consistent with the intent of the General Plan and the Development Code. d 74 CITY COUNCIL STAFF nC IT OCA 85 -04 - The City Rancho Cucamonga January 15, 1986 Page 2 Iv. RECOMMENDATION: The Planning Commission reconmen, oval of to s 0eve cement Code Amendment. If the City Cc .oncurs, Issuance of a Negative Declaration and adoptior of attached Ordinance would be appropriate. Respectfully submitted 64ei? ' Brad Buller City Planner 6800 ns Attachments: Planning Commission Staff Report - November 27, 1985 Planning Commission Resolution City Council Ordinance a-77 C -- CiTY OF RA\CHU CL (.,.NIO \GA STAFF REPORT DATE: January is, 1986 ud i TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPVENT CODE MIENDMENT pertain ng to r)posa to trend •Landscaping ", and 1700 -040 -I Development Pertaining Slope Planting-, •Cucamonga, of ofn9theo City Crdinance No. 211. Of I. BACKGROUND: This amendment would revise two sections of the eve8lopent Code, one regarding landscaping, and the other in reference to Slope planting. The amendment to the landscaping standards would revise requirements for tree planting for applicable residential developments by reducing the number of trees required, but adjustment to i s the relationship versus t tree sizes to produce a landscaping program that would be more effective in its design, and would be more consistent with the goals and policies as established by the General Plan. The other amendment is to the section pertaining to slope Planting. its purpose I$ to bring Development Code standards int conformance with established City policies and procedures foo r grading. It. CORRESPONDENCE: This Development Code Amendment has been a vert s_d as a public hearing in The Daily Report newspaper. III. FACTS FOR FINDING: Before approving the Development Code endment, t c auncil must determine that the amendment will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposal must be consistent with the intent of the General Plan and the Uevelopment Code. 7� a ?a bl i OCA 85 -04 _ The C of Rancho Cicamonga January 1S, 1986 C Page 2 A FA-9 Iv. RECOM!ENDATION: The Planning Commission recommends approval of issuanceeofuaenNegative Declaration andtadoptionCofnthe attached Ordinance would be appropriate. Respectfully submitted Brad�Bul lei City Planner 88:BC:ns Attachments: Planning Commission Staff Report - November 27, 1985 Planning Commission Resolution City Council Ordinance C 9 77 .09 CITY OF RANCHO( C.A-1IO.NGA STAFF REPORT DATE: November 27, 1985 1977 TO: Chairman anc Members of the Planning Camaission FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner SUBJECT: ENYIROI, ENTAL ASSESSMENT & DEVELOPMENT COCZ AMENDMENT 85- n 0 u N A -Landscaping-, to amena sections - , pertain ng to Landscaping•, and 17.08.040 -I, pertaining to "Slope Planting°, of the Development Code of the City of Rancho Cucamonga, Ordinance No. 211 1. ANALYSIS: Table 17.08.040 -F of the Development Code establishes mm niioums for both the numbers and sizes of trees to be included within the landscaping for residential projects. Over the past several months as staff has conducted several field inspections at various project locations, it has came to our attention that the C Development Ccde requirements per this table do not appear to be producing the desired results of softening the impact of the built form, to integrate adjacent structures into cohesive units, and to enhance the visual image and quality of the environment. The primary problem attributable to the current landscaping standards responsible for this is the predominance of numbers of trees required in relation to the sizes of the trees required. The current standard requires greater numbers of trees to be planted, but at smaller sizes. This has resulted in projects being so densely planted that landscapers are losing the flexibility to strategically locate beauty, shading, wind protection, achieve tc. AAlso,u due ito the predominance of the current standard towards smaller size trees, the landscaping provided at the Initial stage of development is unable to provide the dramatic statement needed to enhance the visual image of the environment that is desired. As a solution, staff is proposing a revised Landscaping Standards Table (see Resolution) that shifts the relationships towards requiring more larger -sized trees at the time of prrject development with the trade -off beinq fewer numbers of trees planted. Staff believes that with this revision there will be a more equitable distribution between numbers of trees as compared to sizes of trees resulting in an overall landscaping program that will be more effective in Its design and will be more consistent with the goals and poiicles as established by the General Plan. 7e ITEM H '380 C C Staff hr- also presented to the Planning Cmrami5slon a proposed revision to the Slope Planting Standard (see Exhibit •B•). The Purpose of this amendment is to bring Development Code Standards into conformance with established City policy and procedures for grading. Slope planting requirements have a two -fold purpose: erosion control and for aesthetics to softer the visual impact of the slope plane. The current standard addresses the aesthetic concerns of slope planting on steeper and more pronounced slopes; the revised standard also incorporates the need for erosion control on less steep, but still potentially erodible slopes, into the Development Code Standard. II. ENVIRM'.0TAL ASSESSMENT: Staff recommends that the Planning Ch pteri6, Sectionh 21166dofg the re Public Pursuant esources Codeithat would not require subsequent or supplemental Environmental Impact Report and recommends issuance of a Negativa Declaration. This finding is based upon the fact that the Development Code implements the existing goals and policies of the General Plan which were /ally analyzed with regard to environmental impacts during the General Plan EIR. III. FALTS FCR FINDINGS: Before approving this Development Code endment, the area ssion must determine that the amendment will not be detrimental far individuals and for property, or will not cause significant environmental impacts. In addition, this project M'st be consistent with the intent of the General PI-n. IV. CORRESPONDENCE: This Development Code Amendment has been a vert s as a public hearing in The Daily R�rt newspaper. V. RECOMENCATION: Staff recommends that the Planning Commission rev ew a a ements and input regarding this proposal. If the Commission determines that this Development Code Amendment is consistent with the Facts for Finding, then issuance of a Negative Declaration and adoption of the attached resolution could be 1n order. Respectfully su itted Brad Buller City Planner 88:BC:ko -7 8 A ,L/-z a8/ C C� \< // STAFF R:IOP O:`IE:.OPM:9T coo- N; '�.-4MENT 3i -QS Hovenoer 21, lg� Page 3 Attachments: Exhibit OAO - Landscaping Standard - Current & Proposed Exhibit 8 - Scope Plantir,3 Standard - Current & Proposed Resolution a8�- F. Lend_ Trees perform many essential functions for the community: beauty, shading, wmd prate.,,an, screenmg, noise buff and air filte :tng, playry material should be selected to achieve these purposes, while tclerant to factet\ such 83 wind, Seat end low water. All trees used must he consistent with adopted tree palette pursuant to the General Plan. The following table, Table 17.08.040 -P, sets forth minimum standards for the number end size of trees, both on- and off -site, as required In Tables 17.08.0:0 -8 and C; however, does not apply to single family detached ur duplex dwellings. "" "•`° Lit 8i NIH H 1. 3 trees /gross acre 2. % box trees 40 50 60 70 0. % 1S�allon trees 10 20 30 30 4. % 5 -gallon trees 10 lU 60 70 10 p *F. Landscaein . Trees perform many essential functions tar the cm. nity; beauty, shading, wind protection, screening, noise buffering and air filtering. Plant material should be selected to achieve these purposes, while tolerant to factors such as wind, heat and low water. All trees used must be consistent with adopted tree pallette pursuant to the General Plan. The following table. Table 17.080.040 -F, sets forth minimum standards for the number and size of trees both on- and off -site, as required in Tabieb 17.08.040 -8 and C; however, it does apply to single family detached or duplex dw-llings. TABLE 17.08.040 -F LANDSCAPE STANDARDS DISTRICT FEATURE LH H M1 H I. IF trees /gross acre 40 45 $0 50 2. % 481 box or larger tree: 0 0 5 10 3. % 361 box trees 0 10 S 10 4. % 241 box trees 10 10 20 10 S. % 15 gallon trees 90 80 70 70 Sex size trees shall be primarily concentrated along exterior streetscapes and at entry nodes as accent treatment"; and C CITY or rl'E.,l,_2c,,&. RANCHO CL'CAiVIO\GA PLANNING DIVi510V ��� —���� 1.fli i,� E \IiIIIIi ��S.tLE,_ 79-4 �` - 141- -Al d 93 �C t i GURR��s -r S-r�s�A�.a Stone Ptantine. Slope banks In excess of five (5) feet In vertical height and of 4i1 or greater slope shall be landscaped and irrigated for erosion control and soften their appearance as followst one 15 ;4110n or larger size tree per each 150 sq. ft. of slope area, one 1- gallon or larger size Shrub per each 100 sq, ft. of slope area, In and appropriate ground cover. In addition, slope banks In excess of eight (5) feet vertical height and of 4.1 or greater slope shall also Include one 5 -gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be Planted (n staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent Irrigation system to be Installed by the developer prior to occupancy. Maintenance by a Homeowner's Association may be required by the Planning Comm W ton on a cue -0y -case beau. '1. Slope Ptantino. Slope banks five (5) feet or greater n vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minirrim, irrigated ad landscaped with appropriate yruundcover for erostu.. control. Slope banks five (5) feet or greater in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15 gallon or larger size tree per each 150 square feet of slope area, one 1 gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of eight (8) feet in vertical and of 2:1 or greater slope shall also include one 1S gallon or larger size tree per each 250 square feet of slope area. Trees and shrubs shalt be planted in staggered Clusters to soften and vary slope plane. Slope planting required by this section shall include a Permament irrigation system to be installed by the developer prior to occupancy. Haintensnce by a Homeowners Association may be required by the Planning Cocslssion on a case -by -case basis.- CITY or ITB,b RAL\CHO CUCri1MO GA TITS, �- PLANNING DIVLSIRV EXHIWT, w rl —=.-- SCALE, zltV C C C:—' OF DA:c: 19��b FIL «:D DA:c:�g/ ?40�— LOG PP.O.'EC: I. E•R ^a0•'^—•1 I"sACS - -� (Explanation of all "yes" and "Maybe' answers are required on attached sheets) 1 Sotla and Off` Will the proposal have 5:91::::ant results in: + Cnstable ground conditions or in changes In geo:aglc relacl0nshipal b Disruor burial of ft. displacsaents, cpapactiop or No 20!17 c Change In topography or ground surface contcur Sntsrvals7 d. The dasr- vctlon, covering or t:odlficacion of any unique geologic or physical features? a Any potencial increase In vied or ter eres to es n o! soils, affecting either on or of.- e::e conditons' f Changes in eresfan siltation, or deposition+ g Exposure of peoo la or proper e•/ to geologic ha-24r;12 such as esrOquakaa, landslides, eud- sl:das, ground failure, or siailar hazards? h, An increase in the race of extraction and /or us' of any olaeral resource? ]. HVdrOlpey. WSIl Cho proposal have significant results in: QO _P Nip VAS K%v r , -0 / X C a. Changes In currents , or the course of direction r of floes?=? streets, rivers, or epheoeral sc:eao channels? b. Changes In absorption races, dra lnage Patterns. runoff -- or the race and acourt of surface water ? to Alterations to the course or flow of flood wscera? >X d. bod Chay nge in the `ou=t of surface water in any of -- .rater? e• Discharge Inca surface vacer,, -- or any alteration of surface water quality? f• Alteration of groundwater characteristic,? _- g. Change in the quantity of groundvacers, either through direct additions or ulth- drsjals, or through Interference aquifer? with an Quality? Quantity? Ch, the reduction in the &=aunt of -- 'Y Cwise water other - available for public water supplies? 1. Exposure of people or property to ulcer related hazards —_ such as flooding or selches? _ 3, AirOualltvv. Will the proposal have significant results lnc a• Constant or periodic air emissions from mobile or Indirect sources? Stationary sources? b. Daterioraclon of ambient air quality and /or Soterferance with the attalMene of applicable air quality standards? e. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? Y A. Biwa f= 1 -lira. Will :he Proposal have significant seaulca a• Including diversity, distribution. porbnumber of any species of plants? b. ]teductioo of the numbers of any unique, rare or esdangered species of plants? — C C C. '•d_:;Scn of YES n:- or disruptive apetlea of plants Saco an area} d. ?a the pocencSal for produc.io agricultural pratuc ;Son. Fauna' Will the proposal have significant results SM. a. Change in the character, "Its of species, diversity. ofcao`diag distribution, or numbers Y species of anSmall7 b geducclan of the nu =bers of any unique, rare or endangered species of anSUls7 e. Introduction of new or disruptive species of animals into an area, or rosule in a barrier Cc the migration or movenant of a uls7 d• Dece•Soration or removal of exist_ vil:ltfe fish -- habitat? , or S. Peculation. Will the _ -- proposal have significant resu. :s In: a• Will the proposal alter the location, dir•ri- bucion, dansity, diversity, or growth rat, of the human poPulae /on of an area} b. Will :he proposal affect existing housing, or create + demand —_ for addici_nal housing} 6• Socfo= nomipator>s1gn1:c Will the proposal have _cant results Sni +• change is Io or regional socic- econcalc tharatcaris tiesal , Lrmluding seonomit or CCparclal diversity. tax Late• and property b. Will Project costs be equitably distributed eaong project baneflciarles, i.e., buyers, tax payers or project users} 74 Land Use and Plannine Considers tl one. W111 the proposal have significant results in7 +• A Substantial alteration of the present or planned land use of an area} b• A Conflict with any designations, objectives. policies• objectives. — .Y or adopted plans of say entities} c• An !--Pact upon the qulaity or quantity of -entity existing consu =;tive or non recreational opportunities} Af-2 C C L. Scan SaI'.aeon. 1111 the proposal have significant reau. ;s la: YES ••t�.tr _J ae Coneraclon of substantial addi;fonal vehicular eova=ent! b. Effects on existing street*, or denand for nev street construction? c. Effects an exlscing parkins facilities, or de=and for nev parking! d• nc3al d apaet upon ex acing transporta- clan [for, ayste s_s! e• Alteracions to present patterns of ei tlan teula- -- A or eoveeent of people and /a r goods? f• Alterations to or effaccs on present and Nee pacencSal vacar- borne, rail, mss transit or air traffic! S. Increases in traffic hazards to eoeor vehicles, bicyc13a cs ar pedestrians! 9. Cultural Resources 1311 the proposal have slgnificant C ` results in: a. A disturbance co the Integrity of archaeological, pa.aoncalogical, and /or historical resources! 1:• Health. Safecv and Nuisance Fseeors. 1511 the p.raposal have _ _— significant reaulta In: a. Creation of any health hazard or potential health hazard? b• Exposure of people cc potential Lualth hazards! c. A risk of o subscancl, In the eventrofaane accident? doua d. An increase in the r•Lbtr of individuals or apecita of vector or pachanogen3c organic =s or the exposure of organls=st people to such e• Increase in axiscing noise level.? _ .X- f• Exposure of people to potentially dangerous .Z noise levels? L. She creation of objectionable odors? he An increase in light or glare? AS9 C C :7111 cis etouats ia: proposal have si913f icant a• She oboe: uttisn or degradation vlacs or vievt Of any scenic b, The creation of an aesthetically offensive shat ii. C. A Conflict with the objective X of des or potential scenic corridors! {qna ced 12. Uel13t3es and Pub lfe Setvteee, Will the proposal have a nifica. aead for new •Yacaaa, Alterations or ea the followings a. Electric power? b, Natural or packaged Sea! ,F c. Coaunicatlons sysce=a? d, Water supply? e. Wastewater facilities? t• F100d control structures? g• Solid waste facllftiast �- h. Fire protection? •� 1. Police protection? J • Schools? k. Parks or other recreatloml !still LSao2 1, 17alnrenancs of public facilities, including roads and flood can trol fac11'ties? m• Other goveivnental services? ��• '� 11. Enerea• and Scarce Reeouree3 . have WI11 the signif {cant results in proposal a• Use of xubstantlal or atcassivs fuel or merry? h. Substantial Sncroase 1. demand _ upon axis cing sources of energy! c• An Increase In the demand far development new sources of eoargyi at d. An increase or parpatuatlon of the —• conswpclon Of non- renewabla lama of e nergy, when renewable sources feasible gy ate Available? io Q1_Oci. a1 C e. SubanCial deplati0n of TI, �r5 ,_0 r C scarc3le nacural resource! any nonrenewable or �! i 14, Mandator, Findinrs of a• Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wlldlile species, cause a fish or wildlife population to drop below self sustaining levels, threaten co eliatna ce a plant or anleal cocmunIcy, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of Glifornia the major periods of Cho or prehistory? b. Does the project have the potential CO achieve short -term, to the disadvantage at long -can environmental 908137 (A shore -tern impact o, environment Is one Which n the brief L- d occurs in a relatively taro , paeflnitive period of time while long - cts will endure well Into the future). _ c• Doti the projacc have lopseto which era -- icdlv""lly limited, but Cumulatively Ceonsiderabler (Cumulatively Considerable Cindividual project aren considerable when viewed In connection with the effects of past and probable future projects). projects, d, Does the project have environmental effetrs Which on human bnb Cause substantial adverse effects eings, eitnar directly or indirectly? II. DISCDSgION OF E\'Plppb+E.,•T the above '� ALVATIDV Cl.,., of af!lr..acive anrvera to Questions Lv plus a discussion of proposed d tSgatlon mqn•: u), GL)at.� was IMPtaMt,tTy -%%4Q aXY�t1r1G Fi.LL''Y h+µ -`fib Ut-+l fa`etGFav 'as wsvl�e?.+erua,.!-rw e. tt- tp.c�s R.law� Z?aA RAN � p.eWSla�.,i� � '�vl�req,, 13 F�IZ 'W4t °P Flit alb{ 1L ReC a q2- �+olt1 µARK �i A ".tcsclt i EaV1(SLi�MWITIe. �M L `"rcr1T 1 QOC. -'T �RA�EoIa.T Lln.tw .lvv FS�a ilo- 4UIpAp , d: %' N�i�TIVtt IJ6C.t.r�Qsar?1tPl tjuu �t 83 a9° I:.. DETE P On the basis of this Initial oialu +clon: 000' I find the propos•d protect CC"*U NOT have a afgnlfleant a ffect on the envlrar�,inq and A bTCA:I1� OE ClA;tA:20:7 will be prepared. L—_j I find that alcbough the proposed project could have a ai n affect on the anvircnmant, there will not be a a1 In this ease because the altiger ion caesuras a signifi significant cant attached sheet have bean added described one effcee DECLRA'10N VIL' Sr PREPARED. to the prajaet. A MEC.1T1.� ElI find the pro sand pro IROject XAY have a algnSflcant effect on the envirnanc, and an E \'Y N; L4?AC WORT Is requirad. Date ��•LZ,�� !_i�� , + W •— $3-A N- -/z asi C r C � CAESOLVIION NO. 85 -IT9 A RESOLUTION OF THE RANCHO CUCAMNGA PLANNING CO1^.1ISSION AECO =NDI116 APPROVAL OF DEVELOPMENT CODE AME.NC,1TAT LAN 85 -04 AMENDING SECTIONS 17.08.040 -F, PERTAINING TO PLANTING", ,NO Op f AND 17.08.040 -1, PERTAINING TO "SLOPE P THE DEVELOPIENT CODE OF THE CITY OF RANCHO CUCAMONGA, ORDINANCE NO. 211 WHEREAS, on the 27th day of November, 1885, the Planning Ccaisalon held a duly advertised public hearing purauant to Section 65854 of the California Government Cede; an0 WHEREAS, the Planning Co- 'AssLcn finds it necesiary to clarify and revise the Development Code requirements pertaining to landscaping and slope Planting standards. SECTION 1; The Rancho Cucamonga following Planning Cc =isslon has made the findings: 1• '[hat the amendment is warranted In order to bring current atanda. -ds for landscapi -Ig and slope planting into conrcrmAM0 with e3tabIL3Fdd City policies and procedures; and ( 2. That the proposed Development Coda Amendment would not have significant impact on the envircnment; and 3• That the proposed Development Code Amendment is in conformance with the goals and policies of the General Plan. SECTION 21 The Rtncho this protect x13 Cucamonga Planning Commission has found tnat reco=enda 1 not create significant adverse Smpaet on the environment and issuance of a Negative Declaration on November 27, 1985. NOW, THEREFORE. BE IT RESOLVED: 1. That pursuant to Sectica 65850 to 65855 of the ooiasion of Government oft 8ancho l'atucamonga Plheroiby re COCa'1da approval on the 27th doy of November, 1985, Development Code Amendment L15 -04 amending Section 17.08.040 -F as follows: L a9y PLAN:IINC DCA 85 -00 November 7, 1985 Page 2 Section 17.08.04o -F to read: "F. Landseaoina. Trees perform many essential ` functions for the cocunity: beauty, shading, wind Prctootion, screening, noise buffering and air filtering. Plant material should be selected to achieve these purposes, while tolerant to factors such as wind, heat and low water. 411 trees used must be consistent with adopted t Pellet" pursuAnt to the General Plan. ree 1. The following table. Table 17.080.000 -F , seta forth minimum standards for the number and size or trees both on. and oft -aite, as required in Tables 17.08.000 -0 and C; however, it does apply to single family detached or duplex dwellings: TABLE 17.08.040.F LANDSCAPE STANDARDS F4AT8Ar DISTRICT 1. 1 trees /gross acre 40 05 50 So 2. f 48" box or larger trees 0 0 5 10 3. f 36" box trees 0 10 5 10 4, f 24" box trees 10 10 20 10 5, f 15 gallon trees 90 80 70 70" Box size trees shall be primarily concentrated along exterior streetscapas and at entry nodes as accent treatment. 2. New windrow plantings of Eucalyptus Haculata (Spo.tad G,uss) may be required to perpetuate a windbreak system at a ratio of 50 linear feet per acre. The location of required w10drsw plantings shall be generally guided 0 the established 330'x660' grid y follow any pattern. s grid, Provides the total length Doti windrows this Provided exceeds the minimum length. The use of the 330'X66o' planting and is not meant to discourage dovelopzent of staking,, h and irrigation of theset trees shall abenin accordance with the tree replacement policies set forth in Section 19.08.080. 8 t7- A A93 PLANNING CC :I. IISSr DCA 85 -04 ` November 7, 1985 Page 2 Section 17.08.040 -F to read: !` "F. Landscaping. Trees perform rany essential functions for the co ,munity: beauty, shading, wind protection, screening, noise buffering and air filtering. Plant material should be selected to achieve these purposes, while tolerant to factors such as wind, heat and low water. All trees used must be consistent with adopted tree PAIIdtte pursuant to the General Plan. 1. The following table, Table 17.080.040 -F , sets forth minimum standards for the number and size of trees both on- and oft -site. as required in Tables 17.08.040 -B and C; however, it does apply to Single fazlly detached or duplex dwellings: TABLE 17.08.040 -F LANDSCAPE STANDARDS FEATURE 1. a trees /gross acre 40 2. % 48" box or larger trees 0 3. f 36" box trees 0 4. f 24" box trees 10 C5. f 15 gallon tree, 90 BOX size trees shall be primarily exterior streetscapes and At entr treatment. R DISTRICT 11 101 H 45 50 5o 0 5 10 10 5 •0 10 20 10 80 70 70" concentrated along e nodes as accent 2. New windrow plantings of Eucalyptus Naculata (Spotted Gums) may be required to parpetuata a windbreak System at a ratio of 50 linear feet per acre. The location or required windrow plantings shall be generally guided by the established 330'X660' and pattern. Required windrows may follow any portion of this grid, provided the total length of windrows meets Or ezreedS the mini-um length. The use of the 330'X660' planting grid 13 not meant to discourage davelopmant of curvilinear local streets. The size, spacing, staxing, and Irrigation of these trees Shall be in accordance with the tree replacement policies Set forth in Section 19.08.080. a9y PLANNING CO.v: :SS - JOLU -:':. CCA 85 -09 November 27, 1985 Page 3 Acending Section 17.08.040 -I as folloun: Section 17.08.090 -I to mad: ":. Slone Planting. Slope banks Pivs (5) feet or greater in vertical height and of 5:1 or greater Slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slaps banks fi%a (5) feet or greater in vertical height and zf 2:1 or greater Slope Shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15 gallon or larger alts• crea per each 150 square feet of slope area, one 1 gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of eight (87 feet in vertical and of 2:1 or greater Slope shall also include one 15 gallon or larger aize tree per -sach 250 square feet of slope area. Trees and shrubS shall be planted in staggered clusters to got: ^n and vary slope plane. Slope planting required this Section shall include a percament irr gatiL system to be installed by the developer prior t occupancy. Maintenance by a Homeowners ASSOCiation may be regcirad by the Planning Ccnsission on a case -by -case basis." 2. Tno Planning Cocnission hereby recocends that the City CouncL1 approve and adopt Development Code Amendment 85 -09, as stated herein, 3. That a Certified Copy of this Resolution and related caterial hereby adopted by the Planning CO=issicn shall be forwarded to the City Comoil. APPROVED AND ADOPTED THIS 27TH DAY OP NOVEMBER, 1985. PLAN NG OMIISSION OP THE CITY Or RANCHO COCAY.ONCA BY: /rq Dennis L. Stout, Chairman ATTEST:MGL(,([(ti/ Brad Buller, Deputy Secretary a A4t C e ic PL;:711IAG C0.WI5( 1 LOCVr:Ca C DCA 85-04 November 27, 1985 Page 4 T. Brad Buller, Deputy Secretary of the Planning Cooiaaicn of the City or Rancho Cucaaonga, do hereby certify that the foregoing Aea01utiOn was duly and regularly Introduced, paaaed, and adopted by the Planning CO=iaaimn or the ity or 27thccay or November, j Regular meeting of the Planning Ce =iaeion held AYES: 9 5, by the following vote -to-wit: COMISSIONEHS: S1001', CNITIEA, HAAICiA, MC172EL, AFST9. NOES: COK41SSIONERS: NONE ABSENT: COMISSIONERS: NONE 4 Af ( ORDINANCE NO. 211A AN AMENMENT TO THE DEVELOPMENT CODE OF THE CITY OF RANCHO CUCAMONJA, ORDINANCE 211, TO REVISE SECTIONS 17.08.040 -F AND 17.08.040 -I PEATAININ3 Tu LANDSCAPING AND SLOPE PLANTING, RESPECTIVELY The City Covnell of the City of Rancho Cucamonga, California does ordain ar follows: SECTION I The City Council hereby finds and determines the followingt A. fhat the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner proscribed by law, recd ®ends the Amendment to Section 17.08.040 -F, "Landscaping ", and Section 17.08 - 040 -I, "Slope Plcntt -a" of the Development Code as hereinafter dwaaribed, and this City Council has held a public hearing prescribed by law and duly heard and considered said recommendation. B. That this Developmenc Code Amendment is ; xnsi3tent with the General Plan of the City of Rancho Cucamonga. C. That this Amendment is consistent with the objectives of the Development Code. D. That this Development Code Amendment will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: That Seotion 17.08.040 -F, "Landsoaping ", and Section 17.08.040 -I, "Slope Planting ", are hereby amended to mad as follows: Section 17.08.040 -F to madt Landscaping. Trees perform many essential functions for tue communityt beauty, shading, wind protection, screening, noise buffering and air filtering. Plant caterlal should be selected to achieve these purposes, while tolerant to factors such as wind, heat and low water. All trees urea oust be consistent with adopted tree pallette pursuant to thv General Plan. 1. The following table, Tsbie 17.080.040 -F, sets forth minimum standards for the number end size of trees both on- and off -site, as required in Tables 17.08.040 -B and C1 however, it does apply to single family detached or duple= dwellingst 'A 97 TABLE 17.08.040 -F LANDSCAPE STANDARDS DISTRICT FEATURE IN H Ml R 1. i trees /groan core 40 45 50 SO 2. f 48e box or larger trees 0 0 5 10 3. $ 36e tax trees 0 10 5 10 4. % 24e box tress 10 10 20 10 5. 15 gallon tries 90 80 70 70 Box size tress shall be primarily concentrrted along exterior atreetscaPes and at entry nodes as accent treatment. 2. New windrow plantings of Eucalyptus Maculata (Spotted Gums) may be required to perpetuate a windbreak system at a ratio of 50 linear feet per acre. The location of required windrow plantings shall be generally guided by the established 330' x 660' grid pattern. Required windrowa nay follow any portion of this grid, provided the total length of windrows meets or exceeds the mini= length. The use of the 330' x 660' planting grid is not meant to discourage development of curvilinear local rtreets. The at--*, spacing, staking, and irrigation of these trees shall be in accordance with the tree replacement policies set forth in Section 19.08.080. Section 17.08.040.2 to readt Slope Planting. Slope banks five (5) feet or greater in vertical height and of 511 or greater slope, but leas than 211 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks five (5) feet or greater In vertieutl height and of 20 or greater elope shall be landscaped and Irrigated for erosion control and to soften their appearance as followst one 15 gallon or larger size tree per each 150 square feet of slope area, one 1 gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of eight (8) feet in vertical and of 211 or greater slope shall also include one 15 gallon or larger size tree per each 250 square feet of 310pe area Trees and shrubs shall be planted in staggered clusters to &often and vary sloe plane. Slope planting required by this section shall include a Permanent Irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners Assoolation my be required by the Planning Commission on a case-by -Cass basis .:t9a SECTION 3: The Mayor stall alga this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail BeQort, a newspaper of general circulation published Mn the City of r Io, lrornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 0 day of e, 190. ATESt NOESM ABSEhTM Jon D. Mi a s, Mayor AITESTi Beverly A. Authelet, City Clerk I, BEVERLY A. ABTHFI.EI, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinanoc was introduced at a regular meeting of the Counoll of the City of Rancho Cucamonga held on the 15th day of January, 1986, and was finally oassed at a regular meeting of the City Counnil of the City of Rancho Cucamonga held on the 0 day of a, 1900. Executed this a day of e, 1985 at Rancho Cucamonga, California. Beverly A. Aut elm , City Clerk A 99 ORDINANCE NO. 285 AN ORDINANCE OF SHE CITT COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, WENDING TITLE 17, SECTION 17.02.130 OF SHE DEVELOPMENT CODE, REGARDING NON- CONFORMING USE The City Council of thi City of Rancho Cucamonga, California, does ordain as follows$ SECTION Is That Section 17.02.130 is hereby amended to read as followar Section 17.02.130 Mon- Conforming Uses i Structures A. Purpose. This section is intended to limit the number and extent e non- coaforming usen by regulating their enlargement, the r "establishment aft.,r abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this ssotlon is Sntendsd to limit the number and extent of non- oonforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Code. D. Continuatio,: and Meintenance 1. A use lawfully occupying a structure or a site, that does nst conform with the use regulations or the site area regulations for the diatriot in which the use is located shall be deemed to be a oonacnforming use and may be continued, except as otherwise limited in this Section. 2. A structure, lawfully ceoupying a site, that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, and parking facilities fcr the district in which the structure is located, shall be deemed to be a non - conforming structure and my be used and maintained, except as limited in this Station. 3. Routine maintenance and repairs may be performed on a non- conforming u[e or structure. C. Alte,ations and Additions to Non - Conforming Uaes and Structures 1. No non - conforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or W other structure or site which it did not occupy at the time it became a non - conforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. 34) 0 2. No non - conforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilities as proscribed in the regulations for the district in which the structure is located. D. Discontinuation of Non - Conforming Use. Whenever a non - conforming use has been changod to a conforming use or has been discontinued for a continuous period or 18o days or more, the nom-conforming use shall not be reestablished, and the use of the struoti. -e or site thereafter shall be in conformity with the regulations for the district in which I' is located, provided that this section shall not apply to non - conforming dwelling units. Discontinuation shall include termination of a use regardless of intent to resume the u ^e. E. Change of *on - Costoc . Use, the Planning Coalaalon my consider and approve, or !wally approve, a request to change a ncn- cenformlug use to a different sou - conforming usal provided that 1) there is no oev structure, 2) said •.ae Ss mt of greater intensity (eg, traffics noise, density, parking demand, odor, light), and 3) aaid use complies with the prwinious of Section 17.02.13DC2, subject to a Conditional Use Permit am speoified in Section 17.01.030. F. ,estoratlon of a Damaged Structure 1. Whenever a structure which does wt comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilities as prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it 1v located, 1s destroyed by fire or other calamity, by act of God, or by the public enegy to the extent of 50 percent or less, the structure may be restored and the non - conforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds So percent of the stncture is voluntarily razed or 1s required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which St is located and the non- conformlag use shall not be resumed. 2. the extent of damage or partial destruction shall be based upon the ratio of the estimated Coat of restoring the structure to Its condition prior to such damage or partial destruction to the estimated coat of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minfmn coat of coastruotlon in compliance with the Building :ode. 30/ G. City Planner. Any request for alteration, ezpenaion or restoration of a nnn- aforming use or structure shall be reviewed by the City Planner to determine compliance with the provisioaa contained in this sectloa, or refer It to the Planning Com:Ss3100 as specified in Seotlon 17.02.130 -G. The City Planner shall notify the applicant and Surrounding property owners of the decision. The deolslon of the City Planner may be appealed by any aggrieved party within tan (10) calendar days of the decision. N. Plaaning Cocdsaton Review. The Planning Comisslon shall conduct a pu !c earlag Pursuant to Section 17.02.110. The Planning Comairsion shall review each case and all matters of fact. The CO=133ion may grant the request, grant the request with modification, or deny the request. The Ccsslaslon Shall state that the request will or will act be detrimental to the goala and objectives of the General Plan and that Such request will or will not be detrimental to the public health, Safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2s The City Council finds that Development Code Amendment 85-06 13 an implementation of the General Plan goals and policies and that the General Plan Environmental Tmpaot Report adequately covers any potential significant adverse impaots. Further, the City Council finds that an subsequent or supplemental eavlroaseotal impact report SS required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code. Specifically, the City Council finds thatt A. No substantial changes are proposed in any goals or policies which would require major revisions to the EIR. B. No substantial changes have occurred with reaped to the olrcum3taBO03 under which the project is being undertaken. C. No new information on the projeot has become available. SECTION 3t A Negative Deolaratlon Is hereby adopted for this Developmen a Amendment, based upon the completion and findings of the initial Study. SECTION Dt 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 least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, Bad olroulated in the City of Rancho Cucamonga, California. 30.)- STAFF REPORT���.. „Q� � S c o i 1977 DATE February 5, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Howard Fields, Assistant Planner SUBJECT. APPEAL OF PLAIDIING COMIISSION CONDITIONS OF APPROVAL Appeal y applicant of ann ng amm ss on conditions of approval for the development of a one -story retail /restaurant (10,000 sq. ft.) building located within the Virginia Dare Center at the northwest corner of Foothill and Haven on approximately 13 acres in the General Commercial (GC) District - APN 1077 - 401 -027. I. BACKGROUND: During its regularly scheduled meeting on January 8, 7Y86; ills Planning Coamission reviewed and approved the Haven Avenue Fuod Court development, subject to a modification in the parking and 'landscaping arrangement along the south side of the building. The modification would result in the deletion of approximately 6 parking spaces, therefore, the applicant filed an appeal of this condition as an undue hardship. IT. ANALYSIS: The applicant proposes to build a one -story ilefa estaurant Building consisting of 10,000 square feet (Exhibit 'e'). The applicant submitted a floor plan of the building showing a potential floor layout of 8 small users with the largest unit next to Use proposed loading zone tieing 3,375 square feet (Unit 6) (See Exhibit 'D'). The protect proposal exceeds the parking requirements with previsions for 88 on -site parking stalls (85 stalls are required per the Development Code). Though the Planning Commission's deliberations focused primarily on screening the loading activity, concern was also raised that the loading and unloading activities where proposed would conflict with the safe circulation of cars within the parking lot. The aesthetic concerns were that the service area activities should be screened as much as possible from the public view, particularly from the office building to the south. Therefore, the Commission required that the parking rrea be revised to provide a loading zone that could be properly screened with trees and shrubs. (See Exhibit 'C') ,03 CITY COUNCIL STAFF REPORT February 5, 1986 OR 85 -28 - The Haven Avenue Food Court Page 2 Attached for your review are copies of the Staff Report which describes the project in detail and a short Memorandum describing the Historic Preservation Commission's recommendations pertaining to the historic landmark Grape Crusher building. III. RECOMMENDATION: Staff recommends that the City Council review all npu an c ements of the development proposal before final determination of the appeal. Res ctfully �tted Brad Buller City Planner BB:HF:das Attachments: Appeal Letter from Applicant January 8, 1986 Letter of Determination from Historical Commission Meeting on dovember 7, 1985 Memorandum of Historical Commission Meeting on November 7, 1985 Planning Commission Resolution of Approval with Conditions Planning Commission Staff Report Exhibit "A' - Master Plan (Ylrgin'a Dare Center) Exhibit "B" - Site Plan (c, )inal) Exhibit "C" - Revised Site , an (per Planning Commission determination) Exhibit W - Floor Plan 30V NTTBUSINESS CENTRE January 9, 1986 Me. Beverly Authelet City Clerk 9320 Baseline Road Rancho Cucamonga, CA 91730 Dear his. Authelett This letter serves as notification that the developer /owner of the Virginia Dare Winery Business Centre u appealing the January 8, 1986 Planning Commission decision on the Haven Avenue food court (development review 85 -28). Approval was Issued with the condition that a loading area be provided on the south side of the building Tb.ts condition places an unnecessary hardship on the prole-.t for '.to following reasons, 1. Loss of a substantial number of parking spaces adjtcent to a use which will justifiably require those spaces. 2. The loading area and service door In question only r trve one 3.000 square foot user. The remainlag seven utiers of the food court will utilize other delivery entrances. (Some will use front loading and some will use the th-ee additional service doors.) 3. The Historical Commissi:.. has required the Grape LZ`L13h1r building maintain high visibility. A proposed service yard will not only detract from the aesthetics of the ol: Crusher building, It will also partially hide it from view. The owner and architect have worked hand in hand for months with the staff, Htstorical Commission, and potential tenants on this project. A loading area was never an issue at any time prior to the final Planning Commission hearing. Inasmuch as we are presently on the February 5 City Council agenda, we respectfully request this issue oe placed on the same agenda. Sipcerely, Donald B. Christeson Partner 303- DBC /Iff01 Dove Street. Suite 160 • Newport Beach CA 92660 • (7141833 0590 CJTY OF RANCHO CUCAMONGA MEMORANDUM Datet January 22, 1986 Ta Dan Coleman, Senior Planner Prom Mary vhitnay, Camas >ty Services Coordinator \� Subject, Grape Crusher Building - Garrett a Company Miner/ In October 1985, the Chriateson Company requested approval from the Historic Preservation Commission to demolish the Garrett and Company winery Grape Crusher building, a City Historic Landmark. As you will race_!, this request we denied. Polloving this denial several informal meetings and workshops were held between Commission members, City staff anu represeutatives o[ the Christeson Company, The purpose of these meetings was to lnvaoft [e buildin avenues available regarding the traatmcat of the grape crusher building. On November 7, 1985, the Commission unanimously approved the new design concept for alteration of the building. This alteration called for the preservation of the grape crusher building leaving the south, vest and east elevations eaposel for public viewing. Mr. Christeson reported that current plans Sn:lude the Placement of a large grape crusher at the east of the building and attachment of a plaque at the south wall depicting the original use and significance of the structure. Inasmuch as the entire development lends itself to leisure strolling by way of the various arbored walkways, t]e Commission determined that the proposed treatment of the grape crushtr building would allow visitors to the site to gain an awareness of Its historic background. Please find attached a copy of the correspondence regarding the Cmmisaion's decision from Chairman Amer to the Christeson Company. If I can supply additional Snfomation, please let oe know. con Historic Preservation Commission Howard Plelds, Assistant Planner MN,ks ,4a6 CITY OF RANCHO CUCAMONGA Ca kb d Bayeet ll m.l.. Kier 19T1 RkbW JL D+hI Pameh J. ll'rirat October 30, 1985 Christenson Company Westport Center 1601 Dove Street. Suite 155 N.wport Beach, California 92660 Attentions Larry Tieman, Project Director Virginia Dare Winery Business Cen. v neferences Appeal of Historic Preservation Cneaissioa decision of October 3. regarding Grape Crusher Building at above referenced site. Dear MI. Tlemans Thank you for revising your request for approval of demolition of Gse grape crusher building at the Virginia Dare Winery site and for sharing your new proposed plans with us. On Monday. October 28, the Commission and Community Services Department staff participated in an informal workshop during which time your revised plan shoving the preservation of the grape crusher building was reviftvd. The Commission was most pleased with the consideration given to the preservation of the grape crusher building as ahown in your revised plan. While no official action co._1 be taken at the Monday workshop, it is anticipated that the Commission's unanimous approval will be given twarda your planned treatment of the grape crusher building.at the regularly scheduled Historic Preservdtl vi Cm- tasion meeting on November 7. 1985. On behalf of the Commission and the entire community L extend our sincere thanks to you for your time and effort involved in preparing plans that offer the preservation of the integrity of this significant City Historic Landmark. 307 U" BASEL= ROAD. SLATE C . POST OMCE DOS 101 • HAMCHO CCCAMO .VGA. CAL608.S7A Slri0 • (114)US-1831 Page two Larry Tillman October 29, 1985 It remains the goal w the Historic preservation Commission and the Commuairy, Cervices Oepartoent self! to -ark closely vith developments involving City Historic Landmarks for the benefit of all concerned. Cordially, at'.Xa� Malicent hrner, Chair Rancho Cucamonga Historle Praaervation Commission HA/j3 eel City Council CIty Manager Mary R'hitney Call Coleman 3o B C � RESOLUTION N0, 86 -06 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COKMISSIDM APPROVING DEVELOPMENT REVIEW NO. 85 -28 LOCATED ON THE WEST SIDE OF HAVEN, NORTH OF FOOTtILL IN THE GENERAL CON.9ERCIAL DISTRICT WHEREAS on the 3rd day of November, 1985, a complete application was filed by Larry Tieman for review of the above - described project; and Planning WHEREAS, held a meeting to of considerythelabove described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following can be met: 1. That the proposed project is consistent with the objectives of the Gereral Plan; and 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and 3. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTION 2: That this ihst a Negative DeclaritionlwastIssuedeon adverse une, 8. 1983,on the SECTION 3: That Development, Review tio. 85 -28 is approved subject to the follow ni g con itions and attached standard Conditions: Desion Review 1. All pertinent conditions of CUP 83 -07 a. contained in Resolution 83- 79 shall apply. 2. All signs shall conform to the Uniform Sign, Program for the Virginia J Dare Center. 305 PLANNING COHHISSICN iC-OLUTIOa Page /2 C 3. A textured paving treatment to match other walkway within the project shall be provided for the pedestrian connection under the arbor and across the parking tot to the south. 4. Outdoor seating /eating furniture (i.e.. tables /chairs), shall be Provided subject to revdew by tha City Planner, prior to issuance of building permits. 5. The reveals on the Louth elevation shall be centered and flanked by specimen -size trees (240 box) (Exhibit 0 -2), subject to review by the City Planner prior to issuance of building permits. 6. The west elevation shall L- upgraded by increasing the projection of the Food Court entrance 120. 7, Special landscape treatment shall be provided to screen lcadlng areas, enhance architecture and soften wall appearance along the south and west elevations for City Plamner review and approval prior to issuance .If building permits. APP.IOVED AND ADOPTED THIS 8TH DAY OF JANUARY, 1986. THE CITY OF RANCHO CUCAKONrA I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commisslon held on the 8th day of January, 1986, by the following vote -to -wit: AYES: CO`MISSIONERS: CHITIEA, BARKER, MCNIEL, REMPEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: CO.MISSIONERS: NONE 310 CITY OF RANCIIO CUCAMONGA STAFF REPORT DATE: January 8, 1986 TO: Chat -man and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Howard Fields, Assistant Planner �cwnr4lc a � 0 r () 0 Z El j: 1977 I SUBJECT: DEVELOPMENT REVIEW 85 -28 - HAVEN AVENUE FOOD COURT - The eve opment of a one -story reta restaurant 10,000 square foot) building located within the Virginia Dare Business Center at the northwest corner of Foothill and Haven on about 13 acres in the General Comercial (GC) District - APN 1077- 401 -027 I. PROJECT AND SIIE DESCRIPTIGN: A. Action Requested: Approval of the precise plan and elevations. B. Existing Land Use: Re- developed wirery C. Surrounding Land Use and Zoning: north - Vacant, Industrial Park South - Vacant; O•fice Professional East - Vacant; Community Co.mercial West - Vacant; General Commercial D. Site Characteristics: The subject site slopes in a southerly direction a• 2%--g—raile. Currently, the first phase of the business park is un-'er construction including street improvements to Foothill Boulevard and Haven Avenue. The historic landmark grape crusher building will be preserved. II. ANALYSIS: A. General: The applicant proposes to build a one -story retaTT7restaurant building consisting of 10,000 square feet. The building will have a •L• shape configuration with a inner courtysrd and arcade featuring a special landscap -d center area, planters /raised seating, tables and chairs, and overhead trellis work. (Exhibit •E•). The project proposal meets the parking requirement with provisions for 88 on -site parking stalls. (85 stalls are required per the Development Code.) 311 ITEM L PLAN3ING COMMISSION STAFF REPORT Development Review 8S -28 January 8, 1986 Page /2 B. Dest n Review Cc mittee: The Corsoittee reviewed and recemoen a app I of the design elevations subject to texturized pedestrian connection under the arbor and across the M ,, kin g ict; outdoor seating /eating furnil'ure (i.e. tables, irs)• ana special landscaping treatment along the south and west elevations. in a!'ition, the Comoittee recommended upgrading the south elevation by centering the reveals and by flanking with conical trees and enhance the west elevation by popping-out the Food Court entrance 120 (see Exhibi• 8 -2). In addressing the Comaittee's concerns, the applicant resoonded by making all the recommended changes to the development proposal (see Exhibit 0 -2) C. Environmental Assessment: The tanning Crmisslon Issued a negative declarat Or, or the Virginia Dare project on June 8, 1983. Based upon camp let ion of the Initial Study, Part II, the project will not pose any adverse environmental impacts and is consistent with prior environmental detenmination mad3 by the Commission regarding this site III. FACTS FOR FINDINGS: The project is consistent with the Development ta and eneral -61xn The project will not cause detriment to adjacent prope•' es or cause significant environmental Impacts. The propos i , to plan design, together with the recommended conditions, 4• m compliance with the applicable conditions of the Development Code. IV. RECOMMENDATION: IS the Planning Commission can support the Facts or n ngs, then adoption of the attached Resolution of Approval would be appropriate Respectfully submitted, 4� Brad Buller City Planner BB:HF :cv Attachments: Exhibit •A• - Location Map Exhibit •B• - Revised Master Plan Exhibit •C• - Revised Conceptual Landscape Plan Exhibit •0' - Elevations Exhibit •E• - Site Plan Blow-tip Initial Study, Part II 3/� CITY Or RANCHO CUCAMONGA PLANNhNG DIVMN /--3 3/3 riL%i. pie Bs = z g TITLE.. Lce vno .*wy � 1 EXHIBIT, ° _SCALE, — '1 .Ilnrl Iuj. r.11ll 11- ,a 1gR.O•rrrr.7lll 11 111 1 YI 11 PM - .=1 � v 61M ftAfJ AfWCD 15X 'ftAfJ 11W,- -1 CesMMI`�510�1 o(� Derc 1"2 I R 84- NOM CITY Or. rm-M, _,q& Ps--2.e RANCHO CUCAMONGA - nTLG•, IRi(sTEg Y PLANNING DIVLRaN MIIUIT-- ';V2-SCALGI — �•y Fw'mo-*ra Ms. R sovni ELEVATION I /'-� + Spl"oe- j73v(�� CITY Or RANCHO CUCAlY10 \'GA PLANNING DIVLSION V NORTH rrsan _ D,e 8r 2 P TITLD ZJM'aAi L°CEatTic c/s F-XHJMTC _ _SCALE, Z - lo' 3/6 M V \r s7� I° o i i _gyp J 1. s7� CI I x UP RANCHO CUCA�!O \GA PLANNING MOON 3� 9 E�CHIfiIT .E SCA ., RESOLUTION NO. RESOLUTION OF THE RANCHO CUCAMONGA PLANNING CO,%4ISSION APPROVING DEVELOPMENT REVIEW NO. 85 -28 LOCATED ON THE WEST SIDE OF HAVEN, NORTH OF FOOTHILL IN THE GENERAL COMMERCIAL DISTRICT WHEREAS, on the 3rd day of November, 1985, a complete application was filed by Larry Tiemen for review of the above-described project; and Plariing WHEREAS, held a meeting to of consider thelabove described project. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as SECTION 1: That the following can be met: I. That proposed project is consistent with the obj ,ves of the General Plan; and 2. That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and 3. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the Public Injurious eato Propertiesoror eimprovementsatIniathe vicinity. SECTION 2: That this project will not create adverse Impacts on the environment an tat a Negative Declaration was issued on June, 8, 1983. SECTION 3: That Development Review No. 85 -28 is approved subject to the follow ng con it tons and attached Standard Conditions: Design Review I. All pertinent conditions of CUP 83 -07 as contained in Resolution 83- 79 shall apply. 2. All signs shall conform to the Uniform Sign Program for the Virginia Dare Center. 1 -9 3/9 PLANNING COMIISSION RESOLUTION Page !2 J. A textured paving treatment to match other walkway within the project shall be provided for the. pedestrian connecticm under the arbor and across the parking lot to the south. 4. Outdoor seating /eating furniture (i.e., tibles /chairs), shall be provided subject to review by the City Planner, prior to issuance of building permits. 5. The reveals on the south elevation shall be centered and flanked by specimen -size trees (24• box) (Exhibit 0 -2), subject to review by the City Planner prior to issuance of building permit: 6. The west elevation shall be upgraded by Increasing the projection of the Food Court entrance 120. 7. Special landscape treatment shall be provided to enhance architecture and soften wall appearance along the south and west elevations for City Planner review and approval prior to issuance of buildinc permits. AP1,1VED AND ADOPTED THIS 8TH DAY OF JANUARY, 1986. PLANNING COM4ISSION OF THE CITY OF RANCHO CUCAMONGA BY: Dennis L. Stout, Cha rman ATTEST: Brad Buller, eputy ecreta,y m, Brad Buller, Deputy Secretary of the Planning Cenmission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on thr 8th day of January, 1985, by the following vote -to -wit: AYES: COK4ISSIONERS: NOES: COK41SSIONERS: ABSENT: COPMISSIONERS: 4 -/a 3-Ao k � b m § ` 6!\ § §! \! 23� . 48'&! �§ 2 j R ® !_ : �p N ! 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C... �. • 7 � nn i e° • n� 4 Y •,Ir . /�OT�L7 SiT$ .- J vc-D f�'ORTH CITY OF rrrNI 7,,e gr- aFr RAI\CHO CL'CA \IO�GA T!TLC s.r= ?4,,, �kczj� PLANNING DIVISION G \!!ItilT A SG %LE -"- 3A 2 CITY Or RANCHO CUCAMONGA -UP PLANNING DIVL5f0�' EXMIUT � SCA 3.19 d WZV/ -W,a pE,e re. t -s -as CITY OF RANCHO CUCAMONGA PLANNING DIVISION NORTH ITEM -Z)R 8s-- 2= TITLE B[ocU -UP SiTE�Ggr/ EXHICUT- SGL( �- 330 Y ♦ it ��u .•—mow r�� ,�•, � •� � tai' 4 • ' ✓,.! • r4+ otf-- _ _ — °mom •' — . —^ _. . NORTH CITY OF ITEM RANCI i0 CL'CANIO \�,A TITLE _AZODA PIAV PLINNINO DIVISION E HITUT SCALE 33/ I'IP ,- 00$W, AT1ON ='TOTE OF CALIFORMA — n NI'VIFSANBERNARDINO t �a I Maurine D. Paean _ ,tv,•v� ^ertCy that( ain the iAgai AdvertLft clerk of rHE nU.- HF"a,RT, R daily newspaper of general circulation, PPubilrhed h. .: Hy a: Ontnt to, (aunty and State aforesaid and th.t the atta.,hr ad.ertL•ement of NOtica of Public Hearing Cite+ Council City of Rancho Cucamonga was pub" sliediasaidnewapaper one (1) time 10:et: January 24, 1986 I '-efWy unkr pmally of perjicy that the . +reg0tnx true and ^xreet `' f� i `�eu�tCoetJ ��Igiv I Dated at Ontario, CnUfernia Ills _ 2<t h _ day of January_ _.1A86 333- CITY OF RANCHO CUCAIMONGA STAFF REPORT DATE: February 5, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Coleman, Senior Planner SUBJECT: TREE PRESERVATION ORDINANCE AKNOK,EKT _ Proposed endments to apteA an Z 3� of the Rancho Cucamonga Municipal Code pertaining to the preservation of trees on private property. I. BACKGROUND: At their meeting of January 15, 1986, the City Council COniTnueU7irst reading of this item to tonight's agenda in order to allow staff additional time to prepare the necessary revisions. Attached for review and cnnsideration is the revised Tree Preservation Ordinance based upon City Council comments of the December 4, 1985 meeting.In order to assist the Council in reviewing the revised Ordinance, all changes have been typed in bold and a cross reference outline is included. 11. ANALYSIS: The Ordinance has been restructured to provide a s r f ed process for residents. The revised Ordinance also reflects the Council's desire to establish a preservation policy where removal and replacement of heritage trees would be permitted only when it is absolutely necessary because of disease, safety hazard or for utility maintenance purposes along public roadways. Other minor changes have been incorporated into the revised Ordinance based upon previous Council comments. The most significant revision is the inclusion of a new section that provides a simplified process for Tree Removal Permits on private property. This process is limited to the removal of up to five (5) trees or 50 linear feet of windrow. A request to remove more than five (5) trees or 50 linear feet of windrow would be subject to the same Tree Removal Permit process as established for the application associated with the proposal for development (see attached Exhibit "B "). Other significant changes to the Ordinance Include clarification that this Chapter is not intended to supersede the Tree Preservation Policies of the Etiwanda Specific Plan. Also, a list was added of those trees which shall be exempt from the provisions of this chapter, such as, trees which are fruit or nut bearing. 333 CITY COUNCIL STAFF REPORT TREE PRESERVATION ORDINANCE AMENDMENT February 5, 1986 Page 2 11. RECOMMENDATION: It is recommended that the City Council review and cons der -the Tree Preservation Ordinance and give first reading if the revisions are acceptable. Re ;pectfu�ubmit ed, /B /r�aad Buller City Planner 38:DC:ko Attachments: Exhibit "A" - Cross Reference Outline Exhibit "8" - Flow Chart Exhibit "C" - Tree Removal Permit Process Planning Commission Resolution Ordinance 275 Ordinance 276 33V n`ORTH CITY OP`i RANCHO CUCAMO \'GA � 5 #LE,- PLANNf \G DIV►S►pv af-11 i- 3 3.r Section Draft Ordinance Revised�dt Section Description -e Purpose and intent 19.08.010 19.08.010 Applicability — — — 19.08.020 Definitions 19.08.070 19.08.030 Exceptions — — — 19.08.040 Permit Required 19.08.030 19.06.050 Permit Procedures 19.08.040 19.08.070 Protection of Existing Trees 19.08.050 19.08.110 Permit Application 19.08.060 19 09.060 Criteria for Evaluating Permits Tree Replacement Policy 19.08.070 19.08.080 19.08.070A1.81 19.08.100 Permit Notification Procedure 19.08.090 19.08.07085 Appeal Procedure 19.08.100 19.09.0700 Emergency Waiver 19.08.110 19.08.080 Use of Explosives 19.08.120 19.08.090 Tree Maintenance 19.08.130 19.08.120 Penalty 19.08.140 19.08.130 n`ORTH CITY OP`i RANCHO CUCAMO \'GA � 5 #LE,- PLANNf \G DIV►S►pv af-11 i- 3 3.r TREE REi<OVAL PERHIT FLOW CHART Is request associated with a proposal for development? Are more than 5 trees or 50 linear feet of windrow be•ng removed? Refer to simplified process in Section 19 08 070A CITY Or RANCHO CUCAMO \'GA PLANNING DIVISIOV Refer to process outlined in Section 19 08 0708 jEw-IM"rM 33e. COD 337 C C RESOLUTION NO. 85 -151 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 17.08 AND 19.08 OF RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO TPE PRESERVATION OF TREES ON PRIVATE PROPERTY WHEREAS, the City Council and Planning Ccmmission find it necessary tt amend the tree preservatioi regulations; and WHEREAS, the proposed amendments were reviewed by the Citizen Advisory Commission, Historic Pretervation Commission 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. VOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby recommends that the City Council approve and adopt the proposed amendments. 2. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. AND ADOPTED THIS 23RD DAY OF OCTOBER, 1985. SSION OF THE CITY OF RANCPO CUCAMONGA 3 38 Resolution No. Amendments to Tree i- inance Page 2 C I, Jack Lam, Secretary of the Planning COn-'sslon of the City of Rancho Cucamonga, do hereby certify that the foregoin0 Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of October, 1985, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COK4iSSIONERS: ABSENT: COK4ISSIONERS: STOUT, CHITIEA, 4CNIEL, RViPEL NONE BARKER 3s9 ORDINANCE NO. P41 -O&A,0 Q-? 57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MU9ICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES OH PRIVATE PROPERTY The City Cuuncil of the City of Rancho Cucamonga does ordain as follo.is: SECTION 1: Chapter 11.08, Title 17 of the Rancho Cucamonga Municipal Code is hereby amended by adding Section 17.08.050 E.8 to read as follows: Section 17.08.050 Absolute Policies E. Resource Protection 8. The Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading tecnnipues. Tne Mayor shall sign this Ordinance and the City Clerk shall cause the same to :e published within fifteen (15) days after its passage at least once in The b.ily Re ert, a newspaper or general circuldtion publisheO in the City of JnLar o, a ifornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this * day of *, 19 *. AYES: NOES: ABSENT Jon D. MiKels, Mayor ATTEST: lever y A. Authelet, y er 3H0 ORDINANCE 110. 914 -06-" Q W P AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING CHAPTER 19.08 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 follows: SECTION 1: Chapter 19.08, Title 19 of the Rancho Cucamonga Municipal Code is here— y�aled. SECTION 2: The Rancho Cucamonga Municipal Code is hereby amended by adding Chapter M thereto to read as attached hereto. 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 least once in The Daily Report, a newspaper of general circulation publishu, in the City o� Ontario. California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this * doy of AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk 2 Y/ Jon D. Mikels, Mayor CHAPTER 19.08 TREE PRESERVATION Section 19.08.010 Purpose and Intent The eucalyptus, palm, oak, sycamore, pine and other trees growing within the City of Rancho Cucamonga are a natural aesthetic resnurce which help define the character of the City. Such trees are worthy of protection in order to preserve the scenic beauty, prevent soil erosion, provide shade, wind protection, screening and counteract air pollution. It Is pertinent tr the public peace, harmony and welfare that such trees be protneted from indiscriminate cutting or removal, especially where such trees are associated with a proposal for development. It Is the Intent of this chapter to establish regulations for the preservatirn of heritage trees within the City of Rancho Cucamorga on private property In order to retain as many trees as possible consistent with the purpose of this chapter and the reasonable economic enjoyment of said property. In particular, the Eucalyptus windrows are a unique inheritance whose cumulative value as a windbreak system L a desirable resource. It is the Intent of this chapter to perpetuate a windbreak system through protection of selected Blue Gum Eucalyptus windrows and expansion of the system through planting of new Spotted Gum Eucalyptus windrows along the established grid pattern, as development occurs. Section 19.08.020 Applicability The provisions of tills chapter shall apply to all heritage trees on all private property within the City of Rancho Cucamonga, except asset forth in Section 19.08.040 of this chapter. P urther, this chapter Is not intended to supercede the tree preservation policies of the Etlwanda Specific Plan. Section 19.08.030 Definitions For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: A. "Heritage tree" shall mean any tree, shrub or plant which meets at least ono of the following criteria: 1. All Eucalyptus windrows; cc 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 -tour Inches from ground level; or 3. 61ult1 -trunk trec(s) having a total circumference of thirty Inches or more, as measured twenty -four Inches from ground level; or 3 v.�- 4. A stand of trees the nature of which makes each dependent upon the others for survival; or S. Any other tree ns may be deemed historically or culturally significant by tho City Planner because of size, condition, location, or aesthetic qualities. B. "Remove" shall Include any act which will cause a heritage tree to die, including but not limited to, acts which Inflict damage upon root systems, bark or other parts of tree by fire, application of toxic substances, operation of equipment or machinery; improper watering; changing natural grade of land by excavation or filling the drip Zinc area around the trunk; 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 on the ground around a tree directly under its outermost branch tips and which Identiflw that location whore rain water tends to drip from the tree. D. "Aw,)ciated with a proposal for development" shall meal. any land area for which an application for a specific plen, variance, parcel map, subdivision, developnenVdesign review or a time extension thereof, or special or conditional use permit lets been filed with and Is pending consideration 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 historic landmark by City Council pursuant to Section :.24.100. P "Windrow" - A row of trees, usually a variety of Eucalyptus, planted to provide a windbreak to p otect property or agricultural crops. Section 19.08.040 Exceptions Tho following shall be exempt from the provisions of this Chapter: A. 'Mrs which are fruit or nut bearing; B. Tree planted, grown, and/or hold for sale by Hceezed nurseries w the removal or transplanting of such trees pursuant to the operation of a Hcensad nursery; C. Trees within existing or Proposed public rlghts of way where their removal w relocation Is necessary to obtain adequate line-of-sight distances as required by the City Engineer, or his or her designee; D. '!tees which, In the opinion of the City Engineer, or his or her designee, will cause damage to existing public Improvements; 3 t13 E. Trees wldch require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility. Section 19.08.050 Permit Required A. No person, firm or corporation shall remove, relocate or destroy any heritage tree within the City limits, Including an applicant for a building permit, without first obtaining a tree removal permit from the City Planner. B. No tree removal permit shall be Issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary and non - discretionary approvals have been obtained from the City, unless an emergency waiver is granted Pursuant to Section 19.08.080. C. No tree designated as a historic landmark shall be altered, removed, relocated or destroyed by any person, firm or corporation without first obtaining a landmark alteration permit and tree removsl permit. Section 19.08.060 Permit Application Pn application for a tree removal permit shall be filed, together with any required fee as set by Resolution of the City Council, 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 subdlvlsior. maps or other proposals for urban development. The application shell be submitted with a report which shall contain the following information: A. A statement as to reasons for removal or relocation, 0. 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 relaticr, to structures and improvements (e.g., streets, sidewalks, fences, slopes, retaining wells, 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 removed or relocated. 9. If a tree Is 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, Infested, or dying shall be verified by a written report of a qualified arborlst. 11. In addition, the City Planner may cause r- be prepared, at the applicant's expense, a report by a qualified a�,,orist to assist in making a determination on a tree removal permit alplication. 3YY Section 19.08.070 Permit Procedures A. Private Property. Where an appUcutlon for a i<ce Removal Permit Is filed on private property and Is limited to five (5) trees or fifty (50) linear feet of windrow the Followm: procedure is hereby established: 1. Upon receipt of the application, the City Planner or designee shall investigate the site and evaluate the rcgttest on the basis of the following criteria: a. The condition of the tree(s) with respect to disease, danger of collapse of all .)r any portion of the tree(s), proximity to an existing structure. or tnterfcrenco with utility services; b. The necessity to remove a tree in order to construct fmprovetnents which allow economic enjoyment of the property; C. The number of trees existing In the neighborhood; and the effect the removal woWd have un the established character of the area and the property values; d. Whether or net such trees are required to be preserved by any specific plan, community plan, condition of approval, or designated as an historic landmark. Z Subsequent to Investigation, the City Planner may approve the permit for the removal of all or some of the trees Included in the application, and may attach conditions of compliance as deemed cess ry9 Including but t limited to the replacement of the removed reasonably equivalent replacement trees. The City Planner, or his or her designee, may refer any request to the Planning Commission for a determination where It is determined the application involves umoual site development requirements or unique characteristics, or, raises questions of policy substantially more signlirnnt than generally pertain and which require Planning Commission consideration. 7. The permit shall be valid for a period of ninety (90) days, unless an extension Is requested fourteen (14) days prior to the e6iratlon of the permit. B. Assoelated with a Praaosal for Develooment. Where an application for a IV-cc Removal Permit is iissociated with a proposal forldovelopment or 1s on private property and involves greater than five (5) trees or more Van firth (50) linear feat of windrow, the following procedure is hereby established. 1. Upon receipt of the application, the City Planner or designee shall Investigate the site and evaluate the application on the basis of the following criteria: 311s, a. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion if the tree(s), proximity to an existing structure, or Interference with utility services; b. The necessity to remove a tree In order to construct Improvements which allow economic enjoyment of the property; C. The number of trees existing in the neighborhood; and the effect the removal would have on the established character Of the area and the property values; d. Whether or not the removal of the tree(s) is necessary to construct required Improvements within the public street right -of -way or within a flood control cr utility right -of -way; e. Whether or not the tree could be preserved by pruning and proper maintenwtce or relocation rather than removal; f. Whether or tot such tree(s) constitute a significant natural resource of the City; and g. Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as historic landmark. 2. The City Planner shall give priority to the Inspection of these requests based upon hazardous conditl ns. 3. Tha City Planner, or his or her designee, may refer any request to 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 substantially more significant than generally pertain and which require Planning Commission consideration. 4. Where an application for a Tree Removal Permit Is associated with a proposal for development, the City Planner s.'tall complete his Investigation and make a report to the Planning Commission. The Planning CommissLm shall review the case, and shall conduct a public hearing where required, concurrently with tho do- elopment application. In making his determination, the City Pinner shalt give conslderatioc to tho Commission's review and comment. S. Permit Notification. At least ten (10) days prior to making a dec s on, the ty Planner or designee shall provide for public comment through notice to the property owners adjoining the subject property that such tree removal permit wes requested and the results of the Investigation. The public hearing notification required by Section 17.02.110 shnll Include a description of the tree removal permit request. 3114 6. Subsequent to Investigation, the City Planner or Planning Commission shall approve, conditionally approve or deny the application to remove or relocato any heritage tree(s). ' Planner or Planning Commission may Impose condithms necessary to Implement the provisions of this article, Includ, not limited to, replacement of the removed or cut down trees with tree(s) of species and quantity commensurate wit., aesthetic value of the tree or trees vut down or removed; tree relocation to another site on the property, provided that the environmental conditions of said new location are favorable to the survival of the tree, and provided further that such relocation Iq accomplished by qualified landscape architect or qualified arborist. C. Historic Landmark Trees. Where the trees In question we designated es; a historic landmark, a request for a Tree Removal Permit shall be subject to review by the Historic Preservation Commission and landmark alteration permit Procedure pursuant to Suction 2.24.120. Tho action of the Historic Preservation Commission shall be forwarded to the Planning Commission. The following trees are designated as historic landmarks: Victoria Avenue. 21 palm and 62 Eucalyptus street trees facing Lots 13, 15 and 16, Block H; Tract 5454, Block H; and Lots 1 and 2, Block 1, Eitranda Colony Lands (Designated 3/4/81 by Ordinance No. 138). I[ Th an_ d Avenue_ 41 palm and 291 Eucalyptus street trees facing Lots 13 -16, Block E; and Lots 1-4, Block H, Ettwanda Colony Lands (Designated 4/1/81 by Ordinance No. 141). D. Appeal Procedure. Any person aggrieved by the dental or approval of a Nee removal permit shall be afforded recourse of appeal In the manner described below. The filing of an appeal shall automatically suspend the permit Issued until action thereon is taken by the appropriate authority. In hearing such an appeal, the appeal body (Planning Commission or City Council) may affirm, affirm in part, or reverse the previous determination on the tree removal permit. 1. Administrative Decision. Appeals bused on decisions by the City Commission. cr Ma Exceed as o hero ved party with the Planning P provided In this title, such appeal Is to be filed with the secretary of the Planning Commission In writing, together with any uppeal fee, within ten (10) calendar days of the decisive action. no Planning Commission may consider the matter and may or reverse wholly or partly, the action which is In question. 2. Plannin Commission Decision. Appeal of a Planning Commission ecis on may a made y ng a written notice of appeal with the City Clerk, together with any appeal fee, within ten (10) calendar days following the Planning Commisl,n's decision. The City Council will consider the matter dnd may affirm or reverse wholly or partly, the action which is In question. .3 C/7 E. Approval Period. Tree removal permits shall be effective following the ten 1C75 day appeal perlod and shall be valid for a period of ninety (90) days, subject to extension. Where the tree removal permit ir•associated with a proposal for development, the ninety (90) days shall start from the date of fhtal map recordation or building permit, whichever comes first. Section 19.08.0811 Ememancv Waiver Where a tree is determined by the City Planner or designee to be In a dangerous condition requiring emergency action to preeerve the public health, safety and welfare, the permit requirement may be waived. In the event of an emergency caused by a hazerdous or dangerous tree, which condition poses an Immed late threat to person or property, any member of the Foothill Fire Protection District may authorize the dest:uctlon or removal of such tree without securing a permit therefor. Section 19.08.090 Use of Explosives All persona 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 ncted on the Tree Removal Permit Prior to Issuance of same by the City Planner or Planning Commission. in addition, the oppllc ant shall furnish such bond or Insurance as shall be deemed necessary for the protection of surrounding property from any possible damage which migh'. result from such activity. Section 19.08.100 Treat Replacement Policy A. Where existing Eucalyptus windrows are to be removed, they shall be replaced with Eucalyptus 5laculata (Spotted Gum) alorg the established grid puttem In 15 gallon size minimum spaced at a feet on center and properly staked. B. Heritage tree removal shall require replacement with the largest nursery grown trees) available as determined by the 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 arborist on the feasibility of transplanting the tree. C. The City Planner or Planning Commission shall condition tree removal perm!t for replacement of tree(s) within a specific time Period and In accordance with the replacement policy established herein. 311 8 D. To assist the City Planner or Planning Commission In making a determination, the applicant for a tree removal permit may be required to submit an Independent appraisal prepared by cn horticulturist, arborist, or licensed landscape architect to determine the replacement value of the tree(s) to be removed. Such appraisal shall be based upon the most recent edition of the "Guide for Establishing Values of Trees and Other Plants ", prepared by the Council of Tree Landscape Appraisers. Section 19.08.130 Protection of Existin¢Trees Care shall be exercised by all Individual^, developers and contractors working near preserved trees so that no damage occurs to said trees. All construction shall preserve and protect the health of trees to remain, relocated trees, and now trees planted to replace those removed in accordance with the following measures: A. AE trees to be saved shall be enclosed by an appropriate construction barrier, such as chain IWt fence or other mesns acceptable to the City Planner, orlor to the Issuance of any grading or building permit and prior to commencement of work. Fences are to remain in place during all phases of constructla. and may t be removed without the written consent of the City Planner until emstruction Is complete; and B. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed; and C. No fill .material shall be placed within three (3) feet from the outer trunk circumference of any tree; and D. No fill materials shall be pluc ^d within the drip line of any tree In excess of eighteen (18) inches in depth. This is a guideline and Is subject to modification to meet the needs of individual tree species as determineG by an arborist ar landscape architect; and E. No substantial compaction of the soil within the drip line of any tree shall be undertaken; and F. No construction, including structures and wells, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to 3 1/2 times the trunk diameter, as measured at ground level. Actual setback may vary to meet the needs of individual tree species as determined by an arborist or landscape architect. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage; and G. Eucalyptus windrows to be preserved shall have adequate protsions for deep watering and limit surface watering within fifteen (15) feet of trunk; anti sys H. The City Planner may Impose such adoitlonel measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and now trees planted to replace those removed. PROTECTIVE FENCWO NO '.- I. . •' y MP LINE OR VnTHIN io �" TRUNK WHICHEVER IS GRE ATER PROVIDE TDOVURV FENCING AT DRY LINE DURING CONSTRUCTION KEEP EOUIPMENT OUT OF DRY LWE Section 19.08.120 Tree Maintenance A. The maintenance of trees standing upon private or homeowner owned property shall be the responsibility of the owner or owners of those properties. B. Bullters shall be required to prune, treat, and maintain existing trees and olant new ones In such a fashion that when the trees become City, association, or private property the trees will be free of various dan tge, pests, dlscasea, and dead branches. The trees shall be In good biological and aesthetic condition upon acceptance. C. To Insure adequato and uniform maintenance. Eucalyptus windrows should be maintained In a manner that preserves tho aesthetics and history of the Eucalyptus windrows, as described in Section 19.08.1200. .7sfl D. Pruning prior to transfer of mature Everlyptus windrows to the City, associations or private owners must be done by builders is follows: 1. Leaves, debris, dead branches and suckers accumulated along the base of the windrow shall be removed perlodicafy, or as may be necessary for reasons of public health and safety. 2. Dead or decaying branches 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 safet:- as well as aesthetics. 3. Trees should be trimmed to preserve their natural structure. 4. Remove unsightly or poorly crotched limbs and heavily leaning branches. S. All cuts are to be made flush and /or In line with proper arborlcultural practices. S. Dead, diseased, or dying trees shall be removed s may be necessary, and shall be replaced with 15 gallon Eucalyptus 6laculata. E. Young Eucalyptus windrow trees shall be maintained, fertilized, and Irrigated as may .,e necesary to sustain them In healthy condition. Dead trees shall be replaced with same necles of appropriate size= replacement trees need not exceed 15 gallon size. Section 19.08.130 penalty Violation of any section of this Article shall constitute a misdemeanor, punishable by a fine of not more than $1,000 or by Imprisonment not to exceed sic (6) months, or both such fine and imprisonment. Each tree removed In violation of this Article shall constitute a separate offense. .SJY CITY OF ItANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Nancy Fong, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT A110 DEVELOPMENT CODE AMENDMENT n amen ment _E t o I7;— ev s ons o cat pns - Section 17.02.0708, 1).02.O10C; Conditional Use Permit Section '7 040.030H; and Development Review Section - 17.06.OIOG and 11.06 020G of the Municipal Code regarding language addition and changes. BACKGROUND: The purpose of this proposed amendment 1s to clarify t e ntent of these sections regarding submittal of revisions to approved projects. Amendments are recommended to the following sections of the Development Code: A. Revisions /Modifications: (Sections 17.02.070B and 17.02.070C). Under the current Code, an applicant is allowed to reflle for Planning Commission review to modify any Portion of an approved project with no limitation on the number of times it can be refiled. This has the potential for creating a never - ending process that bypasses the appeal process The proposed language additions and changes would prohibit the refiling of an application for the same or substantially the same revision within one year wnere said revision was previously denied (see Exhibit "B "). B. New A 1ltations Followin Denial: (Sections 17.04.030H, an In regard to New Application Following Denial Sections of the Code, minor language changes are proposed to correct a typographical errur, as shown in Exhibit W. II. PLANNING COMMISSION ACTION: The Planning Commission, at its regu ar meet ng o ecem er 11, 1985, held a public hearing to consider the proposed amendments and recommended approval to the City Council. Copies of the Planning Commission staff report and minutes have been included for your review. 3 S-A CITY COUNCIL STAFF REPORT OCA 85 -03 - City of Rancho Cucamonga February 5, 1986 Page 2 iII. CORRESPONDFdCE• This Item was advertised as a Public Hearing in he d v eQ Oort rpisDaper IV. RECOMMENDATION: The Planning Commission recommends that the City CouncfF approve Cevelopment Code Amendment 85 -03 through the adoption of the ittached Ordinance and issuance of a Negative Declaration. Respectfully submitted c/ Brad Butler City Planner BB:NF:ns Attachments: Planning Commission Staff Report aid Minutes December 11, 1985 Planning Commission Resolution of Approval Exhibit •A• Exhibit •B• Ordinance Approving the Development Code Amendment 3s3 E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMEHDMEdT 85 -03 - CITY OF RANCHO CUCAMONOA - Aa amendment to Title 17, Revlaions /MOdlflcatlons, Seu:ion 17.02.010 B. Development Hevie1, Section 17.06.0100 and 17.06.0200 regarding language changes and additions. (Continued from November 27, 19C5 meeting.) Nancy Peag, Associate Planner, reviewed the staff report. James Mar;ctan, City Attorney, advised that it was necessary to add Section 17.00.030(11) to include language relative to Conditional U3e Permits to the proposes Ordinance. He additionally advised thst a section entitled 17.02.070(C) should be added relative to reconsideration precluded stating that Eno application for a revision or modification shall be ac^.epted for filing within one year from the date of any approval if the final decision making bogy rejected the substance of thu proposed revision or modification in the process of granting that approval.- Chairman Stout opened the public hearing. There were no eoeaent3, therefore the public hearing was closed. Motion: Moved by Hempel, seconded by Barker, to reramend issuance of a Nogotive Declaration and adoption cf the Ordinance, as amonded by the City Attorney, to the City Council. Motion carried by the following vote: AYES: COKYISSIONERS: HEMPEL, BARKER, CHITIEA, MCNIEL, STOUT NOES: COMSSTONERS: NONE ABSENT: COMMISSIONERS: NONE - carried Planning COCS13310n Minut03 -2- 3ry December 11, 1985 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 11, 1985 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, Associate Planner GCG1.t1p1, RQ C'r �0 C}' c u p 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 85-03 - CITY OF RANCHO CUCAMONGA amendment t0 Title Revisions/Modifications Section 17.02 0708; Development Review Section - 17.06.OIOG and 17.06.020G,of the Municipal Codes regarding language changes. I. BACKGROUND: A. Revisions /Modifications: The Revisions /Modifications sectfn o the eve opment Cods allows an applicant to refile for Planning Commission review to modify any portion of an approved project, such as site plan, grading plan, landscape plan, architectural plans, and conditions of approval. Unfortunately, this creates a "loophole' whereby a project that was denied and /or appealed and denied could be resubmitted with the same design that was previously denied. Further, the current language does not provide any limit upon how many times a revision /modification can be filed, denied, refiled, denied, etc. The Planning Commission has stateo tnat it is not the intent of this section to circumvent the appeal process for the original approved project. This amendment would clarify the intent of this section of the code and eliminate this "loophole ". The amendment would accomplish the following: 1. Eliminates the possibility of an applicant, with a previously denied Revisions /Modification application, to refire for Planning Commission review for the same revisions or modification within a one year period. B. New ptications Following Denial: In regards to new apD carat oTioTlow ng eienniTfa project, minor changes are proposed to Section 17.060.O1DG and 17.060.020G, in order to correct a typographical error as follows: ITEM E 3 s r r 7 Z i 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 85-03 - CITY OF RANCHO CUCAMONGA amendment t0 Title Revisions/Modifications Section 17.02 0708; Development Review Section - 17.06.OIOG and 17.06.020G,of the Municipal Codes regarding language changes. I. BACKGROUND: A. Revisions /Modifications: The Revisions /Modifications sectfn o the eve opment Cods allows an applicant to refile for Planning Commission review to modify any portion of an approved project, such as site plan, grading plan, landscape plan, architectural plans, and conditions of approval. Unfortunately, this creates a "loophole' whereby a project that was denied and /or appealed and denied could be resubmitted with the same design that was previously denied. Further, the current language does not provide any limit upon how many times a revision /modification can be filed, denied, refiled, denied, etc. The Planning Commission has stateo tnat it is not the intent of this section to circumvent the appeal process for the original approved project. This amendment would clarify the intent of this section of the code and eliminate this "loophole ". The amendment would accomplish the following: 1. Eliminates the possibility of an applicant, with a previously denied Revisions /Modification application, to refire for Planning Commission review for the same revisions or modification within a one year period. B. New ptications Following Denial: In regards to new apD carat oTioTlow ng eienniTfa project, minor changes are proposed to Section 17.060.O1DG and 17.060.020G, in order to correct a typographical error as follows: ITEM E 3 s r PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT CS -03 December 11, 1985 Page 2 Following the dental of a Minor Development Review application, no application for the same or substantially the same use er on substantially the same site shall b3 filed within one year from the date of denial. III. ENVIRONMENTAL ASSESSMENT: Staff recemmcnds that the Planning Commission make t e f ndings required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code that would not require subsequent or supplemental environmental impact report and recommends Issuance of a Negative Declaration. This finding is based upon the fact that Development Code Amendment implements the existing goals and policies of the General Plan which were fully analyzed with regards to environmental impacts during the General Plan EIR. IV. CORRESPONDENCE: This item has been advertised as a public hearing n he Da v TT—Fe' port newspaper. V. RECOMMENDATION: Staff recommends that the Planning Commission z opts attached resolution recommending approval of the proposed amendment to the City Council and issuance of a Negative Declaration. Re1 submitted„ Brad Buller City Planner BB:NF:ko Exhibit •A' - Proposed amendments to Section 17.02.0708, Section 17.060.01OG and Section 17.060.02OG Initial Study, Part I1 Resolution Ordinance as f. CITY QF RANCHO C:ICANO %GA PART II - INITIAL STCDY EhYIRG%M%TAL CHECKLIST DATE:_ II- 21%-95 APPLICANT:_ G'HY .1dilffl �r/,1in.(i �. FILTNG DATE :_ / / =f— j -1T LOC MIMBER: PROJFCT:_fE[AOMFAIT PROJECT LOCATION• tjA- I. ENVIRO :*4E MAAL IMPACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets) JS-9 YES MAYBE HO 1. Soils and Ceoloev. Will the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? y b. Dizruptienr, displacements, compaction or / burial of the soil? E. Change in topography or ground surface contour intervals? / d. The destruction, covering or modification y� Of Any unique geologic or physical features? ✓ a. Any potential increase in wind or water __ erosion of soils, affecting either on or off site conditins? ✓ f. Changes in erosion siltation, or deposition' -- / g. Exposure of people or property to geologic v� hazards such as earthquakes, landslides, mud- / slides, ground failure, or similar hazards? ✓ h. An tc in the rate of extraction and /or _ Of any use of any mineral resource? ✓ 2. Hydrolocy. Will the proposal have significant results in: JS-9 Page 2 a. Constant or periodic air emissions from mobile or indirect sources? v Stationary sources? b. Deterioration of ambient air quality and /or Interference with the attainment of applicable / air quality standars? J C. Alteration of local or regional climatic conditions, affecting air movement, moisture / or conditions, aL/ 4. Biota Flora Will the proposal have significant results ini a. Change In the characteristics of species, / Sneluding diversity, diet ribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? •�/ 3 r8 — -- YES MAYBE XO a Changes In currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? / V b. Changes in absorption rates, drainage patterns, or the rate _ —_ and amount of surface water runoff? VVV c. Alterations to the course or flow of flood / waters? J d Change in the amount of surface water in anv body of water? e. Discharge into surface waters, or any alteration /V of surface water quality? J f Alteration of groundwater characteristics? R. �*%ange in the quantity of groundwacers, either through direct additions or wlth- drawals, or through interference with an aquifer? Quality? Quantity? h. The reduction in the amount of water other- wise availJblo for public water supplies? ✓ I. Exposure of people or property to water related hazards such as flooding -- / or selches' Air Dualitn. Will the proposal have significant ...111LLL results 1nt a. Constant or periodic air emissions from mobile or indirect sources? v Stationary sources? b. Deterioration of ambient air quality and /or Interference with the attainment of applicable / air quality standars? J C. Alteration of local or regional climatic conditions, affecting air movement, moisture / or conditions, aL/ 4. Biota Flora Will the proposal have significant results ini a. Change In the characteristics of species, / Sneluding diversity, diet ribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? •�/ 3 r8 — -- ?age 3 YES `.iYSE �0 C. Introducticn of new or disruptive species of / Plants into an area? V d. Reduction in the Potential for agricultural ✓ production' Fauna. Will the prnpos.l have significant results in: a. Change in the characteristics of species, includin- diversity, distribution, or numbers V of any species of animals? b Reduction of the fi=bers of any unique, rare or endangered species of anima s? c. Introduction of new or Oisruptive species of animals into an area, or result in a barrier to the migration or movement of animals? _ d. Deterioration or removal of existing fish or wildlife habitat? S Pooulstfon. Will the proposal have significant — — results in: a Will the proposal alter the location, distri- bution, density, diversity, or growth rate of the hucan population of an area? b Will the proposal affect existing housing, or create a demand for additional housing' 6. So�10- Economic Factors. Vill the proposal have aigniticant results in.- a. Change in 1oca1 or regional socio- economic characteristics. Including economic or commercial divc[sft , tax rate, and property valuer? / v b. Will project costs ae equitably distributed among project ic-larles, i.e ,buyers, / tax Payers or project users? ✓ 7. Land Use and Plannlne Considerations Wi.l the -- pro {oral have signif Scans results in? a A substantial alteration of the present or Planned land use of an area? v b. A conflict with any designations, objectives, Policies, or adopted plans of any governmental / entitle.? c. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? 3X9 - - Page G 360 YES MAM No 8. Transoorcation. Hill,the proposal have significant results M. a. Ceneration of substantial additional vehicular eovement? b. Effects on existing streets, or demand for new street construction? e. Effects on existing parklnq facilities, or deman� for new parking? d. Substantial Impact upon existing tranaporta- — -- / ?ion systems? e ysm ✓ e. Alterations to present patterns of circula- tion or movement of people and /or goods? v f. Alterations to or effects on present and Potential water- borne, rail. Hass transit or air traffic? g Increases in traffic hazards to =car vehicles, bicyclists or pedestrians? J 9. Cultural Resources. 4111 the proposal have significant results In: a. A disturbance to the Integrity of archaeological, Paleontological, and /or histrrical resources? — —_ 10 Health. Safety, and Nuisance Factors Will the proposal have significant results in: a. Creation of any health hazard or potential health / hazard? �/ b. Exposure of people to potential health hazards? c. A risk of explosion or release of hazardous / substinces in the event of an accident? I d. An Increase in the nueber of individuals or species of vector or pathenogenic organisms or the exposure of people to such organists? ✓/ e. Increase in existing noise levels? f. Exposure of people to potentially dangerous noise levels? R The creatian of objectionable odors? h. An increase In light or glare? _ 360 Page 5 -ES XSY3E NO 11 Aesthetics. Will the proposal have significant results ins a. The obstruction or degtadation of any scenic vista or view? / b The creation of an aesthetically offensive site? ✓ C. A conflict with the objective of designated / or potential scenic corridors? ✓ 12. Utilities and Public Services. Will the proposal have a significant mend for new syste =s, or alterations to the following: a. Electric power? b. Natural or packaged gas? C- COCURlcatfans systems? d. Water supply? o. Wastewater facilities[ f. Flood control structures? g. Solid waste facilities? ,V h. Ti -c protection? 1. Police protection? ✓ J. Schools? ✓/ k. Parks or other recreational facilities? V 1. Maintenance of public facilities, including roads and flood control facilities? n. Other govetn:mental services? ✓ 13, Enerev and Scarce Resources. Will the proposal have significant results a Use of substantial or e%cessi%e fuel or energy? b. Substantial Intrease in demand upon existing ...111CCC sources of energy? e. An Increase In the demand for development of ,[ new sources of energy? d. An Increase or perpetuation of the consumption .Y of non - renewable fors of energy, when feasible renewable sources of energy ate available? J gp/ - - Page B YES MAYBE NO e. Substantial depletion of any nonrenewable or scarce natural resource! 14. Mandatory Findings of Sit, if! A- Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal cot unity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory? b Does the Project have the potential to achieve short -term, to the disadvantage of long -tern, enviro=ental goals? (A short -tam Impact on the environment is one which occurs In a relatively lInto hthe / term impacts! will endure well future). C, Does the project have Impacts which are Individually limited, but cumulatively considerable? (Cumulatively considerable means that the Incremental effects of an individual project art considerable when viewed !n / connection with the affects of past projects, and probable future projects), v/ d. Does the project have environmental effects which will cause substantial adverse effects an human beings, either directly or Indirectly? J II. DISCUSSI04 OF L1't1RO:'ML`:TAL E"LUATIO`i (I e., of atflr- .motive the above answers questions plus A diacussion of proposed mitigation to measures) -14-1- III. DETERYIVATION Page 7 On the bast, of this initial evaluation: f7( I find the proposed project COULD YOI have a .ignifica,t effect on the environment, and a NECATIt< DECLIRATIOY will be prepared. I fins! that although the proposed project could have a significant IL.JI effect on the envtro=enc, there will noe be a afgnlfieant etteec at this ease because the mitigation measures described on an attached sheet have been added to the project. A YECATIVE DECLIRATIOY WILL BE PREPARED. ❑ I find the proposed project MAY �Ive a significant effect on the envirmenc, and an E:NIRO:Y.L \Z •.ACT REPORT is required. I j� /L a Sa Title ,3G3 c c RESOLUTION N0. 85 -184 A RESOLUTION OF THE PLANNING COt47ISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. RECOM4ENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 85 -03 AMENDING REVISION /MODIFICATION SECTION 17.020.0708; NEW APPLICATIONS FOLLOWING DENIAL SECTIONS 17.060.01OG AND 17.060.02DG OF THE RAhCHD CUCAMONGA DEVELOPMENT CODE WHEREAS, the Planning Commission has held a duly advertised public hearing to consider all comnent.ti on the proposed Development Code Amendment No. 85 -03 SECTION 1: The Rancho Cucamonga Planning Commission hereby makes the follow ni g TTFUngs: A. The Amendment is consistent with the policies of the General Plan. B. The Amendment Is war-anted to clarify the intent of the Pcvisions /Modification and the New Applications Following Oenial sections of the Utvelopment Code. C. The Amendment would not have a significant impact on the environment. SECTION 2: That the Rancho Cucamonga Planning Commission has found this amendment wflTnot create a significant adverse impact on the environment and recommends Issuance of a Negative Declaration on November 27. 1985. NOW, THEREFORE, BE IT RESOLVED. 1. The Planning Commission hereby recommends that the City Council approve and adapt Development Code Amendment 85 -03 regarding the sections on Rev I lions /Modifications and New Applications Following Denial. 2. That a certified copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER, 1985. P No FTCO`14ISSION OF THE CITY �OrRANCHO CUCAMONGA BY• Qhl/kAO ��J &I� /0 enn.s L. Stout, Chairman 3('/ Resolution No. 84 -184 Oevelopmert Code Am9ndme% 85 -, ' Page 2 ATTEST: Brad Buller, Deputy ecr d I, Brad Buller, Deputy Secretary of thB Planning Commission of the C',ty of Rancho Cucamonga, do hereby certify that She foregoing Resolution was duly and regularly introduced, passed, and adopted_' by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11th day of December, 1985, by the following vote -to -wit: AYES: COMMISSIONERS: REMPEL. BARKER,, CHITIEA, MCRILL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 36f EXHIBIT A Section 17.02 Revisions /Modlfications Section 17.02.0700 P,. Major Revisions - Commisslon. Revisions or modifications to site plans, gra ng pans, an scape plans, or architectural plans which are not considered minor as described in the previous section, shall be considered a major revision. Also, any request for a change In conditions of approval shall be considered a major revision. Major revisions shall be processed through the same approval procedure and authority which granted the original approval. The applicant requesting such revisions shall be required to supply any necessary plans, as deemed approp.tate by the City Planner, and pay necessary fees to cover the review procedure. The decision of the approval authority shall be final unless appealed in accordance with Section 17.02.090. Following the denial of a Major Revisions Application. no application for the same or substantially the .1 same revision sha1T be e w n one year romt eh�en a . Section 17.02.070C C. Reconsideration of Revision Modification. No application for a revision or modification shall e accep o— filing within one year from tt date of any aporoval if the final decision making body rejected the substance of the pro ?osed revision or modification in the process of granting that approval. Section 17.04 Conditional Use Permit Section 17.040.030H New Applications Following Denial enial H. New�A lica�tton�s�Followin Denial or Revocation. Following the denial or revocation o on t ono Use erm It application, no application for a Conditional ute Permit for the .eme or substantially the same use of the same on substantially the same site shall be filed witnin one year from the date of dental or revocation. Section 17.06 Development Review Section 17.060.01013 New Applications Following Denial G New A iicatiors Following Dental_ Following the denial of a Development Review app Cat on, no app cat on for the sa;re or substantially the same use on the same or substantially the same site shall be filed within one 1 yearTrom the date of denial. Section 17.060.020G New Following Denial G. New A lications Followin Denial. Following the denial of a Minor eve opmen ev ew app cat on, no application for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial. .7G� n #,V a / PC \ �IIEkI F� ANf WAL CR CITY OF RANCHO CUCAtMO \'GA PLANNING DNISION %1310N mfm may. WA p RYRf- r v.k W4 F fbR R V* &Wk I&iN ND DMITATcO tai REffUnfj Trrul _ EXHurr, ,�SCAm ,?( -7 GC &Vir%W d.•.Da V11 OF Vrtjl t• A ION STATE OF CALIFORNIA s 5a tXJ1,AFti'JF SAN BER."IARDRiO Maurina D. Patan • ^etsd) Umt I am J•a legal ^dvtMdng d.Mc of THE Dkr I:F1't,RT, a daily newspaper of ge^• J circulation, ppuuli -hed h. ', d) v! Ontmio, (.runty and Sta. 'resald and th.t the atia „ws• dd.erti +ement Notica or u911c Hearing_ - City Council City or Rancho Cucamanaa publlsh[dlnsaldnewspaper -An! —(11- time___ ___ ,o wit: January 24, 1986 I tt tlry under penalty of perjury that the , -iregWng is true and Wtect. IS[gaat ) kited at OnAm. Caldornis this 24th ”— day of January _,1986 370 CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Vartan V. Vartanians, Associate Civil Engineer �v:wsrgk � z 19" SUBJECT: ORDERING THE VACATION OF A PORTION OF ALMOND SIREEI BETWEEN BERYL STREET AND AMETHYST AVENUE The City is in receipt of a request from the develdpem of Tentative Tract No. 11626 to vacate a portion of Almond St: eet between Beryl Street and Amethyst Avenue. The City's current Community Trail °man designates a trail through the area proposed for vacation. A major arainage course separates the area proposed for vacation from Almond Street cul -de -sac to the east. This renders the designated trail unfeasible for trail use. The developers of Tract No. 11626 (the applicant's for the above vacation), have provided an offer of dedication to the City for community trail purposes encompassing Lots A and B of the above development. In addition to this "blanket* easement, a more defined community trail easement which is in alignment with a topographically suitable path through said lots has also been offered for dedication to the City. These offers of dedication are made nn the final map of Tract No. 11626 which will be presented to Council `or approval during tonight's meeting. The Equestrian Advisory Committee has approved the realignment of the community trail on Almond Street through the above lots. Attached is a map indicating the alignment of t''^ proposed Community trail and area being vac_:ed. The City Council on December 18, 1985, declared its intention to vacate the subject street by Resolution No 85 -339. Since then, staff has not received adverse comments to this vacation. RECMKHDATION It is recommended that City Council approve the attached resolution ordering vacation port an Street between Beryl Street and f/Aven e. and the CityClerksalcausesametL, recorded in the Office of the County Recorder of fan Rernardino County. Respectfully sutnitted, ,7'7/ d —Ks—t P w 3'7.)- O Z • z d W 6 D AFFIDAVIT OF MAILING ,mail clerk for the City of ! , Rancho Cucamongaf/do hereby swear that on 14 at y, approximately Y �_ o'clock (a.m. or(�Z'A, I deposited „�l`,• in the Cucamonga Branch of the Unrted Utes Post Office located at 9607 Business Center Drive, a letter addressed to and ^egardi,,g Yi Signed: Ii.GfrfLlL_�.,Lfbi:L. Date: (return to Division after signing) ;•i c APN 1061- 411 -03 ATTACHED RESOLUTION AND MAP MAILED TO APN 1061- 451 -03 THE FOLLOWING ADDRESSES R. L. Sievers & Sons Inc. 3200 Bristol Street Costa Mesa, CA 92626 1061- 400 -04 Inez J. Brooke 1 Gooseneck Rd. Rancho Cucamonga, CA 91701 APN 1061- 411 -05 Vinod C. Patwardhan Spintron Development Corp. 4950 San Bernardino Rd., /103 Montclair, CA 91763 APN 1061- 491 -01 Roy Bishop & Nadine La Fleur P. 0. Box 2359 Monrovia, CA 91916 37Y CrfY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 15, 19U6 €1 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Vartan V. Vartantans, Associate Civil Engineer SUBJECT: ORDERING THE VACATION OF A PORTION OF ALMOND STREET BETWEEN BERYL STREET AND ANETHSI: AVENUE - CONTINUANCE The City Council on Dececber 18, 15185 adopted P.esotutlon No. 85 -339 declaring its intention to vacate a portion of Almond Street between Beryl Street and Amethyst Avenue and set the date of public hearing on January 15, 1986 for said vacation. The City's current Community Trail plan designates a trail through the area proposed for vacation. A major drainage course separates the area proposed for vacation from Almond Street cul -de -sac to the east. This renders the designated trail unfeasible for trail use. The developers of Tentative Tract No. 11626 (the applicants of the above vacation), are In the process of providing suitable easements to the City for C=wnity trail purposes to replace that being vacated by the proposed vacation. RECOMMENDATION It is recommended that the order to vacate be continued to February S. 1986. Respectfully sub itted, 4L V:jaa ,F 3%r RESOLUTION NO. E42- 45-OIR 8 4 - 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERIhG TO BE VACATED, A PORTION OF ALMOND STREET BETWEEN BERYL STREET AND AMETHYST AVENUE WHEREAS, by Resolution No. 85 -339 passed on December 18, 1965, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularl described, and set the hour of 7:30 p.m, on January, 15 1986, in the Lions Park Community 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 neld 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 SECTION 1: The Council hereby finds all the evidence submitted that a portionTATmond Street is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that portion of said City street as shown on Map No. V -048 an file in the office of the Clerk of the City of Rancho Cucamonga, which has been further describe -d in a legal description which is attached hereto, marked Exhibit •A•, and by - eference made ;, part thereof. SECTION 2: The subject vacation shall be subject to the reser%ations and exceptions, IT any, for existing utilities on record. SECTION 3: Pe Clerk shall cause a certified copy of this resolution to be recor�ed-Tn—the office of the County Recorder of San Bernardino County, California. SECTION 4: The Clerk snall certify to the passage and adoption of this resoTuTfon; and it shall thereupon take effect and he in force. PASSED, APPROVED, and ADOPTED this 5th day of February, 1986. AYES: NOES: ABSENT: —Jon 6. e s�ii] T Mayor 37 L ALMOND STREET VACATION EXHIBIT 'A' 1 THAT PORTION OF ALMOND STREET AS SHOWN ON THE MAP OF CUCAMONGA 2 HOMESTEAD ASSOCIATION, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 6 OF MAPS, PAGE 46, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: 5 BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLACK 9 AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID ALMOND STREET TO TH.°, MOS° WESTERLY NORTHEAST CORNER OF PARCEL G NO 1 DESCRIBED PER DEED RECO.WED IN BOOK 1466, PAGE 252, RECORDS 10 OF SAID COUNTY; THENCE LEAVING SAID SOUTHERLY RIGHT -OF -WAY LINE 11 NORTHERLY, ON A DEFLECTION ANGLE OF 262.06'20 TO•A POINT ON THE 12 NORTHERLY RIGHT -OF -WAY LINE OF ALMOND STREET, SAID LINE BEING 33.01 13IIFEET NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY RIGHT -OF -NAY 11I LINE; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF -WAY LINE OF 15 AU40ND STREET 283.92 FEET; TIILM-'v LEAVING SAID NORTHERLY RI CHT -OF- IG WAY LINE SOUTHERLY IN A DIRECT LINE TO A POINT ON T18 SOUTHERLY 17 RIGHT -OF -WAY LINE OF SAID AL40ND STREET, SAID POINT BEING THE MOSTI ]BIIEASTERLY NORTHWEST CORNER OF SAID PARCEL NO 1; THENCE WESTERLY I 10IIALONG SAID SOUTIL°.RLY RIGHT -OF -NAY LINE OF ALMOND STREET 245.16 I 21 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 0 21 ACRES BY MADOLE AND ASSOCIATES, INC , OF SAN BERNARDINO COUNTY 21 J.N 413 -7725 23 NOVEMBER 27, 1985 26 GH/ j y 27 28 377 29 h�o�h Sk d t �� .4 mM� • - � Zj'K m r, At — U c1 m N 0 Q l 377 1 a AFFIDAVIT OF FURLICATION STATEOFCAI.IFORNIA u OJi1tiTY OF SAN BER'iARD?70 I, Maurine D. Patin da hereby certify untt am the begat Adverti9 t; deeit d TW DMY REPORT, a duly newspaper Of general cltcuLDco, publlahed In the City of Omar, County and State aforesaW and that the ausdA advectiaemuA of RESOLUTION NO. 85 -339 for the City of Rancho Cucamonga waapuWtshedinaaidtxwapaper One (i) time to wit: January 2, 1986 I certify under posIty of pajoy that the foregoing is true std correct. ` `'a�'p. t�'SLt✓ (Sipaturviv Dated at Ontario, CRUOM14 fir. 2nd day of January tFB6 . 3i% CITY OF RAN"HO CUCAAlONGA STAFF REPORT DATE: tebruary S. 1988 TO: N.yor and Members of the City Council FROM Brad Buller, City Planner Bt Dan Coleman, Senior Planner SUBJEC': APPEAL OF PLANNING COMIMISSION DECISION - DEVELOPMENT appeal by the applicant OT the Planning Commission's decision regarding the development of a six -plex movie theater of 25,188 sgwe feet on 13 acres of land located at the northwest corner of Foothill and Haven (Virginia Dare Center) in the General Commerical (GC) District - APN 1077- 104 -01, 03. The appeal has been withdrawn per the attached letter from the applicant's attorney. No further action of the Council is required on this item. Staff will continue working with the developer in preparing an acceptable parking agreement as required by the CGnditions of Approval g radectfully ubmlt ed, Buller City Planrer BB:OC:ko r�'achment: Withdrawal Letter 38o ALLLN. MJT=INS. LSCE. GV[nLE & MALXOJLY •Tro6wm.e ur Fa [aV+w,q Va.C. a+a[R [nw+ +000+ \O \.MCt \[SC4+IP+MY YDDI.))N +4twNwi pol.))'a)N t)\4.G.Iy)aa.MOw lM tu.wl+Y Ddl Nrnd w.a.wOCOMK[ CNO Flaw[ NV \tN.q 6VIY[ Y) aaF.9waum •v au LrvIC ItJ)h [WI[ 860 FCMN:IIT 6CAa.. Ga1r06MY 93660'6000 rnC. «OxC 01.16.0 6000 Tal\C01n[I. FO. 91.16.0.2.2, C.. WI\ w 0Y. 6.0 0.)C January 23, 1986 Ms. Beverly Authelet City Clerk. Office of the City Clark City of Rancho Cucamonga 9320 Baseline Road, Suite OCO Rancho Cucamonga, CA 91730 C1779 -002 Re) C/A Limited, a California limited partnership Dear Ms. Authelet: On behalf of C/A Limited) a Calitornia limited partnership, this letter constitutes notice of the withdrawal of the appeal of C/A Limited with respect to Resolution No. 85 -112 RMJ /p Very truly yours. Allen. Matkins, Lack, Gamble 6 Mallory By: R. M al Joyce Attorneys for C/A Li ed 3 2'/ 0 E C i I Y ; 0 CITY OF RANCHO CUCA19ONGA ADMINISTa.• TION JAN 2,91986 AY FY 7i819111111112111218141318 l iFr.. �. ' . . . w,� F uAn. ALLLN. MJT=INS. LSCE. GV[nLE & MALXOJLY •Tro6wm.e ur Fa [aV+w,q Va.C. a+a[R [nw+ +000+ \O \.MCt \[SC4+IP+MY YDDI.))N +4twNwi pol.))'a)N t)\4.G.Iy)aa.MOw lM tu.wl+Y Ddl Nrnd w.a.wOCOMK[ CNO Flaw[ NV \tN.q 6VIY[ Y) aaF.9waum •v au LrvIC ItJ)h [WI[ 860 FCMN:IIT 6CAa.. Ga1r06MY 93660'6000 rnC. «OxC 01.16.0 6000 Tal\C01n[I. FO. 91.16.0.2.2, C.. WI\ w 0Y. 6.0 0.)C January 23, 1986 Ms. Beverly Authelet City Clerk. Office of the City Clark City of Rancho Cucamonga 9320 Baseline Road, Suite OCO Rancho Cucamonga, CA 91730 C1779 -002 Re) C/A Limited, a California limited partnership Dear Ms. Authelet: On behalf of C/A Limited) a Calitornia limited partnership, this letter constitutes notice of the withdrawal of the appeal of C/A Limited with respect to Resolution No. 85 -112 RMJ /p Very truly yours. Allen. Matkins, Lack, Gamble 6 Mallory By: R. M al Joyce Attorneys for C/A Li ed 3 2'/ 0 E C i I Y ; 0 CITY OF RANCHO CUCA19ONGA ADMINISTa.• TION JAN 2,91986 AY FY 7i819111111112111218141318 l i..d104 I. OF POOL I. ATION STATE OF CA WORNIA )I �� :O r4 r v OFSAN DERNARDI fO l I Maurine D. Pagan_ .4herth,rentfl that I am the Legal Advertising cleric of THE nkl! , UFIM,RT, a daily newspaper of general circulatim, puhthh a t•. 'x : Ity of Ont=o, t.wnty and State aforesaid and that the atta.,kv ad.erti: -ement Notica of Public - Hearing of--- - - - -- '- City Council City of Rancho Cucamanga was pWWshed in said newspaper one (II—time I aft: January 249 1986 I Luffy under penalty of perjury that the , iregM.ng is true and wrrem lSlgua 1 Dated at Onta.-io, California this 24th - --- -dayot _.1986 Vx CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hebbs, City Engineer SUBJECT: STORM DRAM FEE ORDINANCE AMENDMENT The attached ordinance revises the Municipal Code sections dealing with the Storm Drain Master Plan and the collection of storm drain fees. she proposed revisions are highlighted in the ordinance and deal with the following areas: ESTABLIS194ENT OF FEE DISTRICTS The proposed ordinance recognizes seven distinct drainage situations involving the following areas: 1. Victoria Planned Community. 2. Terra Vista Planned Community. 3. Caryn Planned Coanunity. 4. Etiwanda Area A ( Etiwa.da Drainage Plan - area tributary to Victoria Basins) 5. Etiwanda Area B (Etiwanda Drainage Plan - areas draining to Etiwanda Creek south of Victoria Basins). 6. Assessment District areas (AD 84_2 Alta Loma, AD 82 -1 Industrial Area). 7. General City Area. The division v, area reco -nizes completion of drainage systems in the Assessment Districts, codifies the previously, adopted Etiwanda Drainage Plan and Policies and segregates the Planned Communities as distinct in character and design standards. Each Planned Community (PC) has introduced unique design elements which resulted in increased costs to the Master Plan facilities. In order to avoid General City subsidie, to the PCs, thay are being designated separately and required to install their own systems in -lieu of fee payments. FEE PAYMENTS The proposed ordinance makes several changes to regards to the applicatinn and calculation of fees. 383 CITY COUNCIL STAFF REPORT Storm Drain Fee Ordinance Amendment February 5, 1986 Page 2 1. Allows the modification of fees by Council resolution rather than through ordinance cnange. 2. Requires payment of fees in Etiwanda prior to recordation of maps in the case of subdivisions - codifies previously adopted Etiwanda Area policies. 3. Changes fee calculation from a gross to a net area basis. Fees are currently collected including street rights- of-way fronting the affected parcels This procedure has proven difficult for the Building 6 Safety Division to administer and they have requested that the fee be based only on the tot area being built on Because approximately 20 percent of theClty area Is dedicated for streets, this Change will increase the nominal fee by 20 percent Tha net affect on any parcel will likely be negiivlble because of street area reductions. RECONSTRUCTION CLARIFICATION The nroposed ordinance 2dds language to limit the exception for reconstructions to a 2 -year period In order to be exempt from fees, a stru�.ture destroyed by fire, vandalism, wind, earthquake or other natural or manmade disaster mutt be reconstnicted within two years REIMBURSEr.; ') PLANNED C0K4UNM The proposed ordinance includes provisions which allows the City to be - eimborsed for drain construction which benefits area outside of the PC. Reimbursements would be subject to separate agreement and cost proportioned in relationship to tributary drainage areas. FEE RESOLUTION Cnncurrrit with second reading of the proposed ordinance, it la required that Council adopt a reso ution establishing fees. Attached is the fee resolution establ sling the following fees: General City 15.009.00 per acre Etiwanda Arras A b B ;7.500.00 per acre RECOlW.ENDATION it is recommended that Council set a date for second reading and proceed to adoption of the ordinance. Res if 11 wilted, / �Y AtCaEhnents 39Y I Sections: 13.08.010 13.08.020 13.08.030 13.08.040 13.08.050 13.08.060 13.08.070 13.08.080 13.08.010 -- 13.08.030 Chapter 13.08 STOR11 DRAINAGE PLAN Intent and purpose. Drainage plan and local area. Fees -- Payment. Fees -- Amount. Fees -- Deposit and utilization. Exceptions. Single drainage fee payment. Construction by developer-- ROimbursomsnt. 13.08.010 Intent and ur ose. The city is seriously affects by surface an atom wators and the continual sub- division and development of property within the city has placed a serious demand on existing facilities which handle surface and atom waters. In ordez to plan and develop drain- age facilities for the removal of surface and storm waters and to provide an equitable manner for the apport:niment of the cost of th development of such facilities, the city council determines that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of facilities descrited in the drainage plan. (Ord -5 -8 51(part), 1983: Ord 75 51, 1979). 13.08.020 Drainage plan and local area. The compre- hansive storm drain plans numbers t and 2, the index there- to and the approp_tate plan sheets for the area lying within the city limits of Rancho Cucamonga, together with con- struction costs and other related material, which comprehen- sive storm drain plans were prepared by the San Bernardino County Flood Control District, and all revisions or amend- ments subsequently adopted by the city council by resolution, are found and declared to be the drainage plan for the city For the purposes of this chapter, punned drainage facilities means drainage contained within the drainage plan The city council finds that drainage problems are apprnximately of equal magnitude in all areas of the city, and declare that for the purposes of this chapter, all areas of the city shall constitute one local drainage area. (Ord. 75 -B 51 (part), 1983: Ord. 75 52, 1979). 13.08.030 Fees -- Pay -ant A. As a condition of ap- proval of a tentative snap, a parcel map, the waiver of a parcel map, director reviews, site appro•al, location and development plan, conditions. use permit, or the issuance of a building permit, the city shall require the payment of XF 159 (Rancho Cucamonga S/83) 13.08.040 a fee as provided in this chapter for the purposes of de- i fraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from the local drainage area. The city council finds that development of property within the local drainfgo area will require construction of the facilities described in the drainage plan, and the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage area and on the need for such facilities created by the pro - posed division or development of property in the local drain- age area. The city councia further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pur- suant to the drainage plan which would be assessable on any parcel of property if such costs were apportioned on a per acre basis. B. Fees required to be paid by this chapter shall be paid at the tine of issuance of i building permit. (Ord. 75 -B SI(part), 1983: Ord. 75 53, 1979))arc %1 13 08.040 Fees -- Amount. A. i;79he fee required to ba paid y � his cor iortty dollars and fifty cents per one one -hund ch of an acre or fraction thereof. B. Except as otherwise provided in this chapter the fee shall be based on the.area of the entire parcel with respect to which the building permit is iscued.- i. ' - ' �r C. If the parcel with respect to which the buildir.,j .1F r• permit is issued is larger than one acre, the fee shall be w based on: 1. The area of the developed portion of the parcel. -�, PI,i As used in this chapter, the phrase "area of developed por- tion of the parcel" means the area of that portion of the parcel lying within a single rectangle which encloses all (,,.iC+ improvements, landscaped dress, storage areas, parking areas, required access and required setback lines. 2. Notwithstanding the provisions of subdivision 1 of this subsection, the fee shall not be based upon that portion of the area ..f the developed portion of the parcel which was developed prior to the effective date of the ordi- nance codified in this chapter, and which remains u:changedr provided, however, that this exception shall not a(ply once the total area of additions to structures, or new structures, constructed after the effective date of the ordinance codi- fied in this chapter, exceeds fifty percent of the area of the structures on the parcel which existed on the effective date of the ordinance codified in this chapter D The amount of the fee and the area for which the fee shall be considered paid shall be determined by the building official. (Ord. 75 -8 51(part), 1983: Ord. 75 -A 51, 1980: Ord. 75 54, 1979) (Rancho Cucamonga 5/83) 160 3F6 13.08.050 -- 13.08.080 e13.08.050 Fees -- Deposit and utilization. The fee re- quir +d to be paid by this chapter shall he deposited in a Planned drainage facilities fund and shall be expended solely for the construction or reimbursement for the con- struction of drainage facilities pursuant to the drainage plan or to reimburse the city for the casts of engineering, planning and administrative services to establish, design and construct the plan and facilities up to twenty -five per- cent Initial funds collected may be utilized for specific planninq and engineering studies as designated by resolution of' the city council. (Ord 75 -B 51(part), 1983: Ord. 75 55, 1979) 13.08.060 Exceptions Drainage fees shall not be re- quire ads a eondition 'f the issuance of a building permit for: A Alterations D Reconstruction: '•'-� •• ••' ••' •� ��� Z "• ^ C An addition to a sinalo- family iesldenco when the �x addition does not exceed six hundred fifty square feet in cF area; D Construction of garages, carports, storage build- 4'., c. ings, patio covers, swimming pools, and similar structures, accessory to a s- ngle - family residence (Ord 75 -B 51(part), 1983: Ord 75 56, 1979) 13.08.070 Si n ale drainage fee payment. No portion of a parcel shall be subject to payment of a drainage fee more than once if a drainage fee has be r previously paid with respect to a parcel, or portion thereof, credit shall be liven for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this chapter (Ord 75 -B 51(part), 1981: Ord. 75 S7, 1979). 13.08. 80 Construction by develooer--Rernburarmpnt whene�or the construction of planned ralnage facll nips Is necessary for the proper drainage of a aubdivlsior., the city may require the subdivider to construct such facilities with credit being given by the city toward any fee payment required by this chapter If the cost of such construction exceeds the fee which would otherwise be payable with respect to the subdivision• the city council will enter into a reimburse- ment agreement with tha developer In the event a reimburse- ment agreement is entered into, reimbursement shall be made only after the fee required by this chapter is collected in connection with a subdivision or development on other proper- ty in the area encompassed by the reinbursement boundaries described in the reimbursement agreement The basis of reimbursement shall be the developer's actual cost of con- struction of the planned drainsge facilities. The term of a reimbursement agreement shall be as specified in the agree- ment (Ord 75 -8 51(part), 1983: Ord 75 S8, 1979). 161 (Rancho Cucamonga 5/83) U7 ORDINANCE NO. (p AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 13.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO STORM DRAINAGE PLANS. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.08 of the Rancho Cucamonga Municipal Coc.e is ereby amended to read, in words and figures, as follows: "Sections: "13.08.010 "13.08.020 "13.08.030 "13.08.040 "13.o8.OSo "13.08 060 "13. 04.070 "13.08.080 "Chapter 13.08 "STORM DRAINAGE PLAN Intent and purpose. Drainage plan and local areas. Fees -- Payment. Fees -- Amount. Fees -- Deposit and utilization. Exceptions. Single drainage fee payment. Construction by developer -- Reimbursement "13.08.010 Intent and u ose. The city is seriously affect e y our ace an storm waters and the continual sub- division and development of property within the city has placed a serious demand on existing facilities which handle surface and storm waters. In order to plan and develop drain- 490 facilities for the removal of surface and storm waters and to provide an equitable manner for the apportionment of the cost cf the development of such facilities, the city council determines that a drainage pl.., must be adopted and a drainage tee established to provide funds to be ::sed for the construction of facilities described in the drainage plan. '13.08.020 Drains a lam and local areas. The Comprehen- sive Storm "Drain an Number prepared y t e San Bernardino County Flood Control District, Master Plan Revision Number 1 prepared by L. D. Ring Engineering, the Master Plan of Drain- age Facilities for the Terra Vista Planned Community, the Etiwanda Area Drainage Plan, the Victoria Planned Community Drainage Plan and the Caryn Planned Community Drainage Plan, together with construction costs and other related material and all revisions -1- 38B Ordinan_o No. Page 2 or amendments subsequently adopted by the City Council by resolution, are found and declared to be the drainage plan _ for the City. For the pirpose of this Chapter, planned -drainage facilities means facilities contained within the respective drainage plans and subsequent revisions. The City Council finds that drainage and land use configura- tions are significantly different within the Terra Vista, Caryn and Victoria Planned Communities, the boundaries of the Etiwanda Specific Plan, and the boundaries of the Industrial Area Assessment District (ADb2 -1) and Alta Loma Assessment District (AD84 -2) All other drainage problems are approximately of equal magnitude in al. other areas of the City For the purposes of this Chapter 13.08, thr City shall be comprised of the following local drainage areas: "1. The Victoria Planned Community Area; "2. The Terra Vista Planned Community Area; "3. The Caryn Planned Community Area; "4 Etiwanda Area A (designated in the Etiwanda Area Drainage Plan as Areas 1, 2, 3 and 6); "5. Etiwanda Area D (designated in the Etiwanda Area Drainage Plan as Areas 4, 5, 7 and 8); "6. The Assessment District Areas (comprised of the Industrial Area Assessment District (ADH2 -11 and the Alta Loma Assessment District (AD84 -21); and, "7. The General City Area (comprised of all remaining areas of the City not otherwise included in the above local drainago areas). "13 08.030 FCUS - -Pe .,lent. A. As a condition of approval of a tentative map, a parce map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the City shall require the payment of a fee ar provided in this Chapter for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from the local drain- age areas. The City Council finds that development of property within the local drainage area will require construction of the facilities described in the drainage plan, and the fees are -2- 3 J9 Ordinance No. Pago 3 fairly apportioned on the basis of benefits conferred on the property in the local drainage areas and on the need for such facilities created by the proposed division or develop- ment of property in the local drainage area. The City Council further finds that the fee as to any property does not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities pursuant to the drainage plain which would be assessable on any parcel of property if such costs wore apportioned on a per acre basis. "D. The fees required to be paid within the Etiwanda [Area A and Etiwanda Area H local drainage areas shail be paid ior to the approval of any final or parcel map. All other es required to be paid by this chapter shall be paid at the ime of the issuance of a building permit. "13 08.040 Fees -- Amount. A. The fees renuir,.d r„ h„ "B. No feet shall be charged within the Victoria, Caryn and Terra Jista Planned Community Areas or the Assessment District Areas. All planned local drainage facilities within the Asseusment District Areas have been completely constructed. However, in lieu of storm drain fee collections, facilities within the Victoria, Caryn and Terra Vista Planned Communities shall be constructed with development, at the Developer's expense The City Engineer shall, .n the exercise of his discroticn, determine which facilities are to be constructed with a particular development as a condition of such development. "C. Except as otherwise provided in this Chapter, the fee shall be based on the net of the area of hhp ."44r ..a....,i "D. If the parcel with respect to which the building permit is issued is larger than one acre, the fee shall . based on: 01. Thn area of thn developed portion of the p..rcel. As used in this chapter, the phrase 'area of developed portion of the parcel' means the area of that portion of the parcel lying within a single rectangle which encloses a'1 improvements, landscaped arecs, storage areas, parking areas, required access and required setback lines. -3- 390 Ordinance No. Pago 4 '2. Notwithstanding the provisions of subdivision 1 of this subsection D, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was lawfully developed prior to the effective date of the original ordinance codified in this Chapter, and which remains unchanged; provided, however, that this exception shall not apply once the total area of additions to structures, or new structures, constructed after the effective data of the ordinance codified in this Chapter, exceeds nifty percent of the area of the structures on the parcel which existed an the effective date of the ordinance codified in this Chapter. "E When fees are collected upon the issuance of a ling permit, the amount of the fee and the area for which t •e shall be considered paid shall be determined by the r .ding Official. When fees are collected prior to the recordation of a final ur parcel map, the amount of the fee and the area for which the fee =hall be considered paid shall The determined by the City Engineer. '13 08.050 Fees____ osit and utilization. The fee require to o pai y t 3s Chapter s a a osposited in a Planned drainage facilities fund and shall be expended solely for the construction or reimbursement for the cor.- atruction of drainage facilities pursuant to the drainage plan or to roimourse the city for the costs of enaineering, planning and administrative services to establish, design and construct the plan and facilities up to twenty -five percent of the cost of construction. A separate planned drainage facilities fee fund shall be established for each local drainage area with the exception of the Victoria, Caryn and Terra Vista Planned Community Areas, and the Assessment District Areas. Initial engineering es specific and neeringstudi as designated by resolution r.f the City Council. "13 08 060 Exec r loons. Drainage fees shall not be required as a con id tlon o t£ tic- issuance of a building permit for: 'A Alterations; "B Reconstruction: where ermits arc issued within two ears of the destruction of the origrna structure due to fire, van a sm, win , earthquakes or other natural or manmade disasters; the addition does addition notexceed six shundredafiftyrsquare cfeet ein area; -4- :19/ Ordinance No Page 5 'D. Construction of garages, carports, storage build- ings, patio covers, swimmi1g pools, and similar structures, accessory to a single - family residence. '13 08.07n Sin le drains a fee a`ent. No a pai•�e - to a su sot to a Portion of than once. If a drainage fee hag a ° previously fee more respect to a parcel, or portion thereof, credit ishalldbe with for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this Chapter. A. tshonever t e construct won o pa�ar neooerainago buacamatios is necessary req for the proper drainage of a subdivision, the City may require the subdivider to construct such facilities with credit being given by the City toward any fee payment required by this Chapter. If the cost of such constructing exceeds the fee which would otherwise be payable with respect to the subdivision, the City Council will enter into a reim- bursemont agreement with the developer. In the event a reimbursement agreement is entered into, reimbursement shall be made only after the fee required by this chapter is collected in connection with a subdivision or development on other property in the area encompassed by the reimburse- ment boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developor's actual cost of construction of the planned drainage facilities. The term of a reimbursement agreement shall be as specified in the agreement Victoria, CarynO and nTerra sV sta ^PlannednComnunitieatshall be eligible for reimbursements from areas outside of such Planned Communities The reimbursement amount shall be in purportion to the tributary drainage served by the constructed drain as detormined by the City Engineer. Where tributary dreinago originatet outside of the City boundaries, reimbursements are subject to agreement with the jurisdiction from which the runoff originates.' SECTION 2: The City Clerk shall certify to the adoption of ttFiis ordinan:c and shall cause the same to be Published within fifteen (15) days after its passage at least once in The Dail Re ort, a newspaper of general circulation publishe in t o C ty o Ontario, California, and circulated In the City of Rancho Cucamonga, California. -5- 39r RESOLUTION NO g 4 _ y A RESOLUTION OF THE CITY COUNCIL OF THE C,TY OF RANCHO CUCAMONGA ESTABLISHING AND ADOPTING A FEE SCHEDULE PERTAINIIG TO THE CONSTRUCTION OF PLANNED DRAINAGE FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA. A. Recitals. (i) Chapter 13.08 of the Rancho Cucamonga Municipal Code contains those provisions pertaining to the establishment of the drainage plan for the City and the designation of seven local drainage areas. (i.) Pursuant to Section 13 08.030, as a condition of development approval tae City shall require the payment of a foe for the purposes of defraying the actual or estimated cost Of constructing planned drainage facilities for the removal of surface and storm waters from the local drainage areas (iii) Pursuant to the terms of Section 13.09.040, the fees required to be paid by said Chapter 13.08 shall be set by a resolution of the City Council. (iv) It is the desire of this Council to implement the fees related to those local drainage nreis not otherwise exempted under the terms of Chapter 13.08. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. D. Resolution. NON, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga an follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. For the purpose of establishing fees for the purpose of defrays ^q the actual or estimated cost of constructing plan drainage facilities for the removal of surface and storm waters from those local drainage areas as established in Chapter 13.08 of the Rancho Cucamonga Municipal Code, this Council hereby adapts the fee schedule as follows: -1- .39-T Resolution No. Page Two a Victoria Planned Community Area b. Terra Vi3ta Planned Community Area C. The Caryn Planned Community Area d. Etiwanda Area A o. Etiwanda Area B f. Assessment District Areas g. The General City Area $0 $0 $0 $7,500 per not acre $7,500 per not acre $0 $5,000 per net 'icre 3. The City Clark shall certify to the adotion of this Resolution. 1986. PASSED and ADOPTED this day of Mayor I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 1906, and was finally passed at a regular meeting o t e .cy Council of the City of Rancho Cucamonga held on the day of , 1986, by the following vote: AYES: COUNCIL MEMBERS: NOES: COLN ^_IL MEMBERS: ABSENT: COUNCIL N.EMSRS: ABSTAINED: COUNCIL MEMBERS: ATTEST: over y A. Aut a et, CIty Clerk City of Rancho Cucamonga 39y -z- ,111 "I STAFF REPORT P � J j TO t J IQn DATtt February S, 1986 T0: City Council and City Manager FROM. Mark Lorimer, Adsinistrative Analyst)XUJe— SUBJECT: ADVISORY COMMISSION FIREWORrg RECOMMENDATION As directed by the City Council, the Advisory Commission reviewed the Foothill Fire District proposal relating to the City's fireworks ordinance at its meeting of January 23. The Commission recommended the following actions 1. Sale p[ firework. - No change to existing ordinance sale period of 12100 p.m., June 28 to 12100 a.m., July S. 2. Di.ehargp of fir"ork. - Amend ordinance to allow discharge only between midnight July 3 to midnight July 4. 3. Min4mum are to p.reha.e - Amend ordinance to allow sale of fireworks to individuals 18 years of age and older with proof of identification. 4. sale al SRerkler. - No changes to eaistiog ordinance currently allowing the sale of sparklers. The Advisory Commission a so recommends that as part . the fire district /civic group meeting to follow each fireworks season, statistics identifying the number of fireworks related injuries and damage cost be prepared. The Commission believes that these statistics will be helpful in addressing future fireworks concerns and issues. :f you have any que,tions, please contact me. ML /dja Atvachments 1: 3Sr CITY OF RANCHO CUCAMONGA MEMORANDUM DATIt January 21, 1986 SOt City Council and City Manager FROMt Mark Lorimer, Administrative Analyst SDDJECIt AME4DMIT{74 To rIRfVORry PROPOSAL As a result of the recent January 2 City Council meeting, the ro District has resubmitted ameadmat• to its original proposal relating fireworks. The following points were chanced acro -ding to the revisiau: to 1. Instead of requiring groups to provide personnel to patrol high fire areas on July 4 proceeding their assigned year of operation, the anead mnnt t,It, for ¢town• to a1d ie vwe•{�g and tloaerw of these Si¢h f {re at,,,. patrol d J.y Is t{ { t d free this nraaa¢fl. 2. Instead of being subject to a possible denial of their assigned rotatior spot because they fail to meet the requirements stated above (see ♦I), this r i i ,n ,Its Fg, group, b_ 1 tAiere t denial of the Fire Diatriet ygrmit. which v .ld e¢ WAb1Uhed by tb C,W, nrAi h {bit th., fro, over,stla., J. In the aroa of fire district tees, the rev4a4nn alive an I The entire prcpoeal is attached for your review. The Advisory Commission will be discuasit.g iteas 1 - 4 as outlined in the proposal on Thursday, January 23. Staff will keep you informed as to further developments. ML /dja Attached 394 Foothill Fire PlOFECTIDN DISTRICT O 1Ox 33. N23 AMITHYST Si . RANCHO CUCAMONGA 91701 (711) 9174S3f December 5, 1985 City of Ranchu Cucamonga Mr. Lauren Wasserman, City Man •er P. O. Box 807 Rancho Cucamonga, CA 91730 Dear Lauren: On November 14, 1905, the fire District Board of Directors cat in regular session to discuss some important issues that affect both the City and the fire District. One of these items was the proposed amendments to the City's fireworks ordinance. Some of the proposed changes made by the Task Force will require a change in the City's Municipal Code. Others, which are not a part of the code, will be administered through fire district policy. I have listed below those recommended changes that I believe will require council action. 1. Sale of fireworks: The sale period of fireworks shall be from 12 noon June 30, to 12 midnight July 1 2. Discharge of Fireworks: Fireworks shall be discharged only between the hours of Lidnight July 3, to midnight : my 4 3. Minimum Age to Furcnass: Fireworks will be sold only to those .ndividuals is years of age and older with proof of identi- fication ♦. Sale of Sparklerss Sparklers will not be sold in individual packets or in assortments from the fireworks booths The other recommended changes, as listed below, will be adopted as district policy and will be administered by the Fire District, under a cooperative agreement with the service clubs. 397 City of Rancho Cucamonga December 5, 1985 Page Two 1. Educational Process for Booth Operatorst a. Part of the permit process would require the training of at least two people in the rules, regulations and other iasues pertaining to fireworks who would in turn be responsible for certifying the other people working at their booth. The Fire District shall be supplied w.th a roster indicating by signature, address and phone all of those attending the group nesting. hnyone not attending that group meeting shall not be allows„ to participate in the booth activities. b. All participating organizations will cooperate in the educat on process by posting signs and distributing one -page handouts at their booths. C. Groups that arm on the City's booth rotation list will, if asked by the Foothill Fire Protec- tion District, provide personnel to aid in the gusting and closure of high fire areas for the 4th of July precesding their assigned year or will be subject to denial of the Fire District permit to operate a booth 2. Fire District Fee to Recover Costi A fee, not to exceed 2y% Li the combined gross sales of all the fireworks booths, shall tie paid to the Foothill Fire District. This fee will be used to cover the actual costs incurred by the District due to July 4th activities. 1. Post -July 4th Critiques Representatives from the Fire District, the City, the Chamber of Commerce, plus one local citizen shall meat and confer each year after July 4th, but prior to August 1, to discuss the outcome of the holiday and make suggestions to remedy any problems encountered. The District feels that the utilization of the Task Pores has been very productive and the recommendations derived are in the best interest to all citizens of Rancho Cucamonga. As part of our recommendation, the Fire Di -trict feels that the City Council should be aware of the Board of Directors philosophy regarding fireworks in general. The following statement reflects �1eir philosophy, ?rP City of Rancho Cucamonga December S, 1985 page Three The Fire District's Board of Directors, being charged with responsibility for lire and life safety in our community •0009 not condone the use o! &!reworks, and is Philosophically and ethically opposed to the sale eafnd e t discharge ! of any type of fireworks, and for the sy o the citi'e's, believe this activity Should not take place.• to e The Board encourage9 the community xplore alternate funding sales. mechaniras to fireworks It is the Fire Districts desire that these recommended changes produce a safer environment for the citizens of Rancho Cucamonga and also all *, them to enjoy, as much as possible, a 'safe and sane' 4th of July. Should you or any council Member have any Questions regarding these proposed changes, please contact me at any time. Sincerely, A. �t �t , .:�i L. Dennis Michael, Fir Chie! Secretary, Board of Directors LDM /ss cct Chamber of commerce 399 CITY OF SANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1986 T0: City Council FROM: Lauren M. Hasse t,Lc City )tanager SUBJECT: Cultural Center Advisory Committee .otnrq� c � a z 1917 � At your last meeting, the City Council discussed the feasibility of estab- lisbing an Advisory Committee to study the various alternatives proposals and to review the aziatiog site wood by the City in order to begin the pro- cess of building a Cultural Facility for the City of Rancho Cucamonga. In addition, the Council instructed the staff to work with legal counsel to create two moo - profit foundations, one for the Cultural Center and one for future park development opportunities. These non - profit foundations are am being established, and we anticipate that we will have State approval and non- profit status within three to four months. Each member of th- City Council has recommended four citizens to some on the Cultural Center Advisory Committee. The appointments are as follows: Jean Barton Richard Hettinger Florence Ricca Catharine Bridge Nancy Kettle David Richardson Bruce Cbitiaa Randall Lewis Carl S_dtb Joe Dilorio Sandra Oerly Marge Stamm gob Dutton Sam Maloof Ralph Straoe Paula Grigsby Myrna Patrick Peter Tolstoy Don Hardy Dia..e Hillis" Since the purpose of the Advisory Committee is to recocmecd an appropriate type of Cultural Center for our cocmnity. it is anticipated that the committee's assignment will not take an eztended period of time to complete. Staffing will be handled by the City Manager working with the Community Services Director. In addition, we anticipate there mq be occasions when we will wish to bring in resource people to assist; in particular, the resource people may include architects, the Director of the Chaffey College Museum- Callery, and similar re- sources RECOMMENDATION: It is recommended tbat the City Council confirm the appointments to the Cultural Advisory Committee and instruct the staff to rcbedule at the earliest opportunity. The City Council bas the option of either selecting a Chair in advance or of allowing the Advisor•, Committee to select its we Chair. LM4tbaa e_10 O RESOLUTION NO A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A POLICY RELATED TO THE ESTABLISHMENT OF SPECIAL ASSESSMENT DISTRICTS. 1. The Council of the City of Rancho Cucamonga hereby establishes as policy a requirement that this Council cause to be conducted an advisory election on the subject matter of the establishment of any special assessment dis- trict wnich this Council is considering prior to the estab- lishment of that district except as to the following: a. Any assessment district established pursuant to the Improvement Act of 1911 (California Streets and High- ways Code Sections 5000 at seq.); b. Any assessment district established pursuant to the Municipal Improvement Act of 1913 (California Streets and Highways Code Sections 10000 at seq.); c Any assessment district established pur- suant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Sections 22500 at seq.): or d Any assessment district which all at the proposed assessees have consented to establish in writin -. 2 The City Clerk shall certify to the adoption of this resolution. PASSED AND ADOPTED this day of 1986, by the following called vote-:— AYES: COUNCIL MEMBERS: NOESt COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTESTS Mayor City Clerk -1- . 1 RESOLUTION NO. Page 2 I hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a meeting of the City Council of the City of Rancho Cucamonga held thin _ day of , 1986. -2- ICity Clet1 ORDINANCE NO. Z� Q L/ F RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85 -03 AMENDING TITLE 17, REVISIONS /MODIFICATIONS SECTION 17,020.0708 AND 11.020.0700, AND NEW APPLICATIONS FOLLOWING DENIAL OF SECTIONS 17.040 030H, 17.060.O1OG AND 17.060.02OG OF THE MUNICIPAL CODE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Section 17,02.0708 - Revisions /Mod Ifications is hereby amended to rem as follows: 8 Major Revisions - Commission. Revisions or modificntions 0 s e p ans, grading pans, landscape plins, or architectural plans which are not considered minor as described in the previo -, section, shall be considered a major revision. Also, any request for a change In conditions of approval shall be considered a major revision Major revisions shall be processed through the same approval procedure and authority which granted the original approval. The applicant requesting such revisions shat' ^e required to supply any necessary plans, as deemed appropriate oy the City Planner, and pay necessary fees to cover the review rrocedure. The decision of the app-oval authority shall be final unless appealed in accordance with Section 17.02.080. �Follow�inng the dental of a Ma,1or Revisions 11ca oti n no a ca on Or a same or su s.an a e sank rev s on s a be filed within cne year from tne date of denial. SECTION 2: Section 17.020.070C - Pevisions /Modifications is hereby added to read as 1=oi tows: C. Reconsideration of Revlsien/MOdiflcation. No application 07 r a re�� a be accepted for filing within one year from the date of any approval if the final decision mating body rejected the substance of the proposed revision or modification in the process of granting that approval. SECTION 3: Section 17.030 30 - Conditional Use Permit Is hereby amended to •eta as ?ot lows: rM New Applications follow In den nial or Revocation. Following 0 ON ng Che en iaT pt' rQVOtet —�M of —a 0�n t 0 Permit application, no application for a Conditional Use Permit for the same o- substantially the same use of the same on substantially the same site shall be filed within C' one year from the date of denial or revocation 36$ Ordinance No. P2- 5 -01 -0 Page 2 SECTION 4: Section 17.060.01OG and Section 17.060.0200 are hereby amended asioT ova Section 17.060.010 G. New Applications Followln Denial Follewing the denial of a ve opment ev ew application, no application for the same or substantially the same use no the same or substantially the same site shall he file within one year from the date of dental. Section 17.060.020 G. New Applications Followl Following the denial - of a Minor Devel opment �Rev p Tication. no application for the taae or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial. 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 least once in The Daleport, a newspaper of general circulation published In the City oT OOntariio, T ifornia, and circulated to the City of Rancho Cucamonga, California PASSED, APPROVED, and ADOPTED this * day of *, 19 *. AYES: NOES: ABSENT: ATTEST: e4er y A. Au the et.—Uly-tTF Jon 0. Mike—TF.—giy®r 369 1 Lems HOMES I Sa wane 14w.A. /PO m,ala /U*,AC.N w 91795/714 99S.021 -- RECEIvED- CITY OF RANCHO CUCoWN" February 4, 1986 KANNIHO DrviaOH AM FEB 51986 PU 71819110;11 121 16 i 1 1.13141516 The honorable Mayor and : Members of the city Council City of Rancho Cucamonga 9320 Base Line Road, Jnit C Rancho Cucamonga, CA 91720 Re: Tree Preservation Ordinance Amendment Dear Honorable Mayor and Members of the City Council: We understand that tie above- referenced leg`slative matter 1s scheduled for first reading at your meeting of February 5, 1986. We have reviewed the • successive drafts of the Proposed Ordinance and, white we are generally in agreement with both the goals add substance of the proposal, we have certain criti,al reservations. Our key concern revolves arcund the treatment of blue gum eucalyptus trees, which are the predominant species found in windrows throughout the City. Tha arborist hired by the City to consult in the preparation of this Ordinance has repeatedly advised you of the safety hazards associated with such trees, particularly their vulnerability to toppling in high winds, their tendency to drop large branches at unpredictable times, and their continual dropping of highly inflammable bark and foliage. In recognition of those concerns Section 19.08.080 of the orioinal proposal Provided for gradual replacement of all blue gum eucalyptuses thrrugh planting of a preferable species, the spotted gum eucalyptus. That provision no longer appears in the proposal currently befnre you. We are gravely crncerned that maintaining blue gum eucalyptus trees in or about our developments in the City presents a serious and ongoino hazard to Persons and Property. We recognize that the Permit Procedures set forth in Section 19 08 0708 of the proposed Ordinance allows such concerns to be indirectly take, intn account in determining whether or not to permit removal of particular trees, but we feel strongly that the hazards h maintenance of documeged and that e theO Ordinance should y provideforscomoletee removal aand, , where appropriate, replacement of such trees. In the event that the ordinance is adopted in its present form as to this point, we would be compelled to give notice to the City, in connection with any development Project where permission to remove such trees was denied by the City, that we believe that the maintenance of such trees on the site is Honorable Mayor and Members of the City Council City of Rancho Cucamonga February 4, 1986 Page 2 extremely hazardous, that we are so %aintaininq them against our own better judgment and solely at the requirement of the City, and that we will regard the City as liable for any injury or damage to persons or property resulting from the presence of such trees in a developed area. We have discussed this ratter with your City Attorney, and It Is our understanding that he concurs to our concern. As yo-, are aware, we have worked cooperatively with the City to provide appropriate landscaping of all kinds In nur various development projects, and will continue to do so. We strongly urge you, however, to take what we regard as a realistic view of this particular landscaping issue, and modify your proposed Ordinance to permit removal of this hazardous form of vegetation, in the interrat of the health and safety of the local citizenry, as well as avoidance of undue financial liability on the part of the City. Thank you for your consideration. Very truly yours, LEWI IM" Cary 0. Lowe Senior Associate Counsel CDL:drh /900RC cc: Mr. Gary Brown, BiA Mr. Brad Buller. City Planner Mr Dan Coleman, Senior Planner s is • i .a LEWI5 HOMES 1739 Nyd, Narp.e A.m rr0 5m91011N4tl Cake 911931714 9a1a91t February 4, 1986 The Honorable Mayor and Members of the City Council City of Rancho Cucamonga 9320 Base Line Road, Unit C Rancho Cucamonga, CA 91730 Re Tree Preservation Ordinance Amendment Dear Honorable Mayor and Members of the City Council: —RECEIVED— CITY or JKNCM0 CUCAMOP A PLANNING 0IW3 ON AY FES 51986 PH 7j8i91ID1fl1Ih112i31415 6 We understand that the above - referenced legislative matter is schedul,d for first reading at your meeting of February S. 1986. We have reviewed the successive drafts of the proposed Ordinance and, while we are generally in agreement with both the goals and substance of the proposal, we have certain critical reservations. Our key concern revolves around the treatment of blue gum eucalyptus trees, which are the predominant species found in windrows throughout the City. The arborist hired by the City to consult in the preparation of this Ordinance has repeatedly advised you of the safety hazards associated with such trees, particularly their vulnerability to toppling in high winds, their tendency to drop large branches at unpredictable times, and their continual dropping of highly inflammable bark and foliage. In recognition of those concerns, Section 19.08.080 of the original proposal provided for gradual replacement of all blue gum eucalyptuses through planting of a preferable species, the spotted gum eucalyptus. That provision no longer appears in the proposal currently before you. We are gravely concerned that maintaining blue gum eucalyptus trees in or about our developments to the City presents a serious and ongoinq hazard to persons and property. We recognize that the Permit Procedures set forth in Section 19.08 0708 of the prnposed Ordinance allows such concerns to be indirectly taken Into account in determining whether or not to permit removal of particular trees, but we feel strongly that *he hazards associated with maintenance of the blue qum eucalyptus have been adequately documented and that the Ordinance should provide for complete removal and, where appropriate, replacement of such trees. In the event that the Ordinance is adopted in its present form as to this point, we would be compelled to give notice to the city, in connection with any development project where permission to remove such trees was dented by the Cil , that we believe that the maintenance of such trees on the site is Honorable Mayor and Members of the City Council City of Rancho Cucamonga February 4, 1986 Page 2 extremely hazardous, thtt we are so maintaining them against our own better the City as liable at tfore anyvii Jury or the persons we ilorpr perty resulting from the presence of such trees In a developed area. We have discussed this matter with your City Attorney, and it is our understanding that he concurs in our concern. As you are aware, we have worked cooperatively with the City to provide appropriate landscaping of all kinds in nut various development projects, and will continue to do so. We strongly urge you, however, to take what we regard as a realistic view of this particular 1anCscaping issue, and modify your proposed Ordinance to permit re•wval of this hazardous form of vegetation, in the interest of the health and safety of the local citizenry, as well as avoidance of undue financial liability on the part of the City Thank you for your consideration. Very truly yours, LEWT OHES Cary D. Lowe Senior Associate Counsel COL:drh /900RC cc: Mr. Gary grown, BTA Mr. Arad Buller, City Planner Mr. Dan Coleman, Senior Planner • U 0 r _ 6 G G --- . �.SL Cu/ iwdwl�"Mow .'IARSIIA MEEK BAVES CCA-F•CD pve.,c ACCDOY.... L•PIAND. CA YIOANIy YVOD February 5, logu City Council City of Rancho Cucamonga 9320 Baseline Road Cucamonga, California 91730 Ref Virginia Dare Winery Dear Councilmembersf It is my understanding that the Planning Commission has suggested revisions to the Chrieteson site plan which would result in a screening of the crushing room or its conversion to the center of a truck loading and unloading zone. The Virginia Dare Winery complex was, and to some degree remains, a place of great historic and cultural value in this City. Most of its beautiful old buildings are gone now; but with compromises, the developer and the Historic Preservation Commission have preserved selected portions of the important past of the site. Ono such compromise was the handling of the crushing room. The recommendation that the crushing room area be screened or converted to a loading zone directly contradicts the compromise between the developer and the Commission. I met two weeks ago with Donald S. Napoli of the State Office of Historic Preservation. The purpose of the meeting was to review our City's application for a grant to fund the Historic Resource Survey. Mr. Napoli is well - versed on the Virginia Dare Winery project. He expressed his Department's extreme disappointment with the lack of preservation at the Virginia Dare Winery site and as a result 4uestioned the City's knowledge, Into sat and commitment to historic preservation. your affirmation of the Planning Commission's conditions would not only further diminish the historic and cultural value of the Virginia Dare Winery but, in my opinion, would also further erode our credibility with the State. The Chrieteson Company underetande the goals sought by the Historic Preservation Commission and conceived a plan for working within those goals. The Historic Preservation Commission was satisfied. The developer was satisfied. Then the Planning Commission assumed the responsibility for redesigning the developer's project in a manner diametrically opposed to the mutual goals of the Historic Preservation Commission and the Interests of the developer. I suggest that the Council give February 5, 1986 Page Z considerable credarce to the Historic Preservation Commission's corcerns, great deference to the compromise rlan of the developer and mere attention to the contrary recommendatinn coming from the Planning Commission. I strongly urge you to allow the Christeson Companv to complete the project as it is currently planned as expeditiously ea possible. If the Council believes the screening /loeding zone is a desirable alternative, then the entire matter should be referred back to the Historic Preservation Commission for its consideration of the impact of their change on one of our C+ty -s most visible and valuable historic resources. Sincerely, H ba Meek ea ks- Commissioner for Historic Preservation cc: Donald B. Christuson Historic Preservation Commission Planning Commission i s f FIREWQRKS-�R LAITED.INJURIES -542- COMPARISON OF LEGAL, ILLEGAL AND UNKNOWN FIREWORKS RELATED INJURIES UNICNOwN — Ial (TOW —N) U�L s,♦ ula.uRO , RI�LLCXy♦ nY uY� Ilv♦ 1 ��` .1.?prh .+e♦ � IaLV�oa ICY YYIpY11 Jr , , JY M� ,Iryl'1 e d r`� t LLLWL — ITu — 7071 'T.w — Is l l W !E THREE MOST COMMON FIREWORKS ITEMS CAUSING INJURY IN EACH AGE GROUP (Percentage is for the age group indicated) UNDER 7 - (TOTAL 60) 7 -10 - (TOTAL 64) 'aparki.e ryl�8�('d7 *Firecracker 14 (22%) *Firecracker 7 (12%) �nacic a �30�[I(16iy 'M -80 Ty,;e 2 ( 3%) Base Fountain 5 ( 8t) 11 -16 - (TOTAL 136) Base Fountain 23 (171) *Firecracker 17 (13'1) •M -80 Type 16 (12%) OVER 22 - (TOTAL 193) Sparkler zrr.'Y- `2sai68 j ) St) `M -80- Type 24 (12t) *Firecracker 14 ( 7t) Ittega t Item 17 -21 - (TOTAL 86) •M -80 Type 12 (14%) *Firecracker 8 ( 9%) AGE UNKNOWN - (TOTAL 10) specific data on individual fireworks devices, and the INJURIES caused, is contained in Appendix B. '18 �poy q 7 o 0 0 0 0 0 0 o p o 0 0 0 0 0 0 0 0 0 0 0 o c o 1` v1 a V 0 0 0 0 0 0 U^ _ c S7 Q O^ O r r 0 0 0 N p p 0 0 ^ 0 0 0 0 0 0 0 0 N x ^ 5 O O N p 0 0 0 0 U 0 0 0 0 0 0 0 0 0 0 0 0 6 0 N � ay ¢ 10 P ul r r O W N O N p N rl p^ O N 0 0 0 0 0 Q Y1 In r 0 0 0 Q 6 � � k p N^ •"' r^ �• O N O O^ O O O O G O^ U U O O s �+ r T y a 4 N n J ^ r 6 r j 1/1 W y a O W J p +1 W i W O C O Y 2 2 H C O Y N J Y W J J S J J N m O y m m W O 2 ^ K 6 6 r. < K y 0 � r• OC 4 2 4 K Y y d m W O W O J O y H C Y y U 1 O p C W 1 U 0 0 1•• 1 6 Y 1 C 2 Y. O 6 6 2 0 0 O 2 4 m J Y U y S Y W C 6 W C IY r {V LL W 6 3 C t C OC Y N S 1• S Y W C O W W Y=> Y Vf K J S C H ^ ti O C 7 C 6 0 d ^ O C R 6_ O V W u Y O N O W 4 4 p W f t] 1 Q^ N 0 0 0 0 0 0^ 0 0 k 0 0 0 0 0 0 0 0 0 0 0 0 7 u 1 � � b b N ^ ^ Q N al • ^ •� N N (1 N ^ rl �] O r% % r7 .( s g I7 Yl In NI (J N .- N N O O N w � •. ^� q � N 0 0 0 q e d tl O r b^ b^ eel Q n^ Q O^ O N Q O^ 0 0 0 0 0 b g O P ^ ^^ N w1 M 10 ^ N Q Q O ^�^ •� O O N O O O N N t � ^ N^ N N • N N p •� O H O .- ^ p •� O O O O O O p 9 � ^ 0 0 ^ 0 0 0 0 0 0 •� 0 0 0 0 0 0 ^ 0 0 0 0 0 0 Q V t 0 0 Q 0^ P ^rl P^ rp rp N Q Q N O Q^ Yf ^ M O O N w O O N N O P NI 1 Q N P (O n w 0 ^ ^ ^^ ^♦ ^ •. ^ O O P n N Q N N� P N N ^^ ! Q r - N =� W u p Y Li J W W W O � 3 W J O C i O 2 W C U W W w T V Y VI J Y VI T T. W W J J 2 J ^ N O p y O O W p S W W O H 1- U 6 W O S O G p r• d� s 6� d p V U 1 0 7 OC W 1 U O to 1� 4 Y 1 C 2 LL 0 C C 3 W LL W 4 3 6r T• J 4 3 0 3 4 J O W U U O J S O J U W C ru 0 2 C O J Y LL J T• w J d' OC ]L N S f S iL W OC O W W Y S> Y H 6 J 2 OC N w 4 LL O p U m p 0 3 LL N U N O C Yf p O N U S 6 2 T• 20 TOTAL UNDER 7 7 -10 11 -16 17 -21 ovRR 77 LINVNIw07 te, 6II 62 7 '�`U T,.` 17 8 14 2 -Firecracker •H -80 59 2 3 16 11 24 2 Bade Fountain 47 1 5 23 .:; ; 7 10 1 Cone 21 3 2 5 3 8O 0 •Bottle 20 3 2 2 O7 5 1 •HO2eavde •7 0 1 4 © !1 0 •udy Finger 14 a 3 OB 2 1 0 Wheel 1. 0 2 O6 2 4 0 Spoke Bmb 13 1 3 O 0 1 0 *Cherry Boob 12 1 2 2 2 O 1 Specialty 11 1 1 2 O Devices O 1 'Sky Hooke: 10 0 1 3 OO 2 0 IRD=n Candle 10 0 2 1 2 O 0 California Candle 4 0 1 1 0 2 0 Party P000er 2 0 2 0 0 0 0 Handle Fountain 2 0 0 0 0 2 0 Missile Rocket 1 0 1 0 0 0 0 SUR -TOTAL 458 47 55 114 75 159 8 UNKNCHH Unclassified 48 7 5 14 4 17 1 nd Held 16 2 3 4 2 5 0 11 1 1 1 2 6 0 ekat Dev. 9 1 0 2 2 3 1 SUB -TOTAL 84 11 9 21 10 31 2 TOTAL 542 58 64 135 85 190 10 Higheai Incidence Fat Age Gtoup (Read down) Q Age Gtoup Moet A66ected By Each Device (Read aat0e4) 7 - Publ,.ic Otaptay InjuAle4 !Iot Included, - Ittegat Item& 22 i Al,•,E'A -10\ \0 "K Tc '.1LLLO pCOS I.oNNL-,jTll FACILITIES DISTRICT %0 81 1 For DLs CREEK C)RINACE SN'TEM i. CITN OF RA"CtIO C"CA%IONGA JANLARlT 1986 A ANNEXATION NO 85 -1 TO AIELLO -ROOS COMMUNITY FACILITIES DISTRICT NO. 84-1 DAB CREEK DRAINAGE SYSTEM CITY OF RANCHO CUCAMONGA Jon D Mlkels, Mayor Richard hi Dahl Mayor Pro Tem Councilmembers Charles J Buquet. II Pamela Wright Jeff King Lauren Wasserman. City Managar Lloyd B. Hubbs. City Engineer Professional Services: Special Counsol Law Offices of F MacKenzie Brown Engineer -of -Work: Wllldan Associates TABLE OF CONTENTS PAGE I INTRODUCTION It DESCRIPTION OF FACILITIES III BOUNDARIES OF DISTRICT IV RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Rat, of Special Tax B Gross Area C Special Tax Rate Reduction V GENERAL TERMS AND CONDITIONS A Substitution Facilities B Bonds C App6als and Interpretation Procedure VI EXHIBIT A 4 Boundary Map B Ownership Voter Listing COMMUNITY FACILITIES DISTRICT ANNEXATION REPORT MELLO -BOOS COMMUNITY FACILITIES ACT OF 1982 )NTRODUC" ION ■ WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAh10NGA, ' CALIFORNIA, hereinafter referred to as the "legislative body of the local Agency ", desires to annex territory to an existing Community Facilities District pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2 5, Part 1, Division 2, Title 5 of the Gov- ' ernment Code of the State of California, and specifically Article 3 5 thereof The existing Community Facilities District has been designated ' as COMMUNITY FACILITIES DISTRICT NO 84-1 (DAY CREEK DRAINAGE SYSTEM), hereinafter referred to as the "District "; and, WHEREAS, the area proposed to be annexed shall be known and designated as* ANNEXATION NO 85-1 COMMUNITY FACILITIES DISTRICT NO 84-1 (DAI CREEK DRAINAGE SYSTEM) hereinafter referred to as the "annexed territory "; and, ' WHEREAS, this legislative body has formally ordered the preparation of an Annexation Report, said Report to generally contain the following: A general description of territory included in the existing ' District; ' R general description of territory proposed to be annexed to said existing District; I L, C a description of the public capitat facilities and /or services, If applicable, provided In the existing District; D a description of the publo. capital facllitles and /or services, If appilc. -ble, to be provio +d In the territory proposed to be annexed, im.luding a plan for sharing facilities that will be provided In common with the existing District and territory proposed for annexation; E General description of special taxes to be levied within the territory proposed to be annexed to pay for said public fa. r :ities A special tax to pay for public facilities financed with bonds may be adjusted as authorized by Section 53339 2; and F a description of any alteration In the special tax, if applica- ble, by reason of the annexation NOW, THEREFORE, I, WIL-IAM STOOKEY, authorized representative of Wdldan Associates, the appo:nted responsible officer of person directed to prepart the Annexation Report pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, do hereby submit the following data II DESCRIPTION OF FACILITIES A Community Facilities District may provide for the purchase, con - struction, expansion or rehabilitation of any real or other tangible prop- erty with an estimated useful life of five years or longer, which Is neces- sary to meet Increased demands placed upon local agencies as a result of rehabilitation occurring within the District. A A general description of the facilities within the existing District Is as follows: 1 PRIMARY DRAINAGE FACILITIES TO SERVE ZONES A AND _8 Debris Basin The construction of flood control rotentioi, and water reclamation basin improvements In the unincorporated areo north of the City Day Creek Major flood control charnel improvement existing from the debris basin to the southerly boundary of the City of Rancho Cucamonga (Fourth Street) 2. JOINT COOPERATIVE IMPROVEMENTS In cooperation and coordination with the City of Ontario. a•sl .ante shall be provided for the construction of the fol- lowing: Day Creek Channel Improvements 1 1 1 1 C ,1 EtIwanda Channel Improvements - Wlnovlllo Sasin Flood control retention and w +ter reclamatlL,i basin Improve- ments Riverside Basin Flood control retention and water reclamation Improvements The aoove improvements aro located outside of the incor- porated limits of the City of Rancho Cucamonga but are necessary to serve the properties and development within said Citv 3 FEDERALLY- ASSISTED FACILITIES The construction of certain Day Creek spreading grounds and the Day Creek Basin only upon the condition that cer- tain federal interest -free loans are obtained, including the acquisition of rights -of -any and land, as necessary, includ- ing other facilities, appurtenances and all incidental ex- penses B A general description of the facilities proposed to be fi- nanced in the annexed territory Is as follows: No now facilities are proposed for the area to be annexed, and the facilities as set forth within the existing District can serve the property and territory within the area of annexation ' Based upon the above, It is my opinion that said facilities 'i are those that are necessary to meet Increased demands placed upon the local Agency as a result of development and /or rehabilitation occurring within the boundaries of the +� District. WILLDAN ASSOCIATES By: William C Stookey 7 1 1 111 BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 1 A The boundaries of the existing District are those properties parcels whore facilities are authorized to be provided 1 and In which special taxes may be levied in order to pay for the costs and expenses of said facilities 1 i_EGAL DESCRIPTION The legal description of the boundary of the project area designat- ed as M3110 Roos Community Facilities District No. 84.1 Is as fol- lows: All that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California described as follows: Beginning at an angle point in the city limit line of said Rancho Cucamonga as said city limit line exists February 1, 1984, said point being the intersection of the centerline of Etlwanda Avenue and the centerline of Fourth Street; thence Westerly along the Southerly city limit line of said city being the centerline of said Fourth Street, 10.880 feet to the centerline of Milliken Avenue; thence leaving said city limit line and Northerly along the center- line of said Milliken Avenue, 21.600 foot to the centerline of High- land Avenue, said intersection being an angle point s- erly city limit line of said city as said city limit line t - ary 1, 1984.; thence Easterly and Northerly along said ..^y limit line and the cont -dine of said Highland Avenue and Hanley Avenue to tti, ccni _ if 24th Street; thence Easterly along the center - Iln, o .. , t- .treat and said city limit line 1,320 feet to the prolonyat or ar Uie Easterly line of Lot 3, Brock C. Etlwanda Colo- ny Lanus as shown on a map recorded In Book 2, Page 24 of Maps, records of said County; thence leaving said city limit line Southerly and generally parallel to said Etlwanda Avenue a dls- tanr� .4 9,100 feet along sold-prolongation and tLe following sever- al coi.rses: the Easterly line of Lots 3, 6, 11 an. 14 in said Block C and the Southerly prolongation thereof; the Easterly line of Lots 3, 6, 11, and 14 In Block D and the Suutharly prolongation there- of; the Easterly line of Lots 3, 6, 11, and 14 in B!ock I and the Southerly prolongation thereof; and the Easterly line of Lots 3 and 6 In Block J to the Northerly I.aa of the land of Southern Pacific Railroad Company, said Northern lines being distant Northerly 125 feet from the centerline of the railroad right -of -way 100 feet wide; thence Westerly along said Northerly Ili.a 1,320 feet to the center- line of said Hanley Avenue; thence Southerly along said centerline and the Southerly prolongation thereof 2.000 fast to the Southerly line of Lot 4, Block 5 of said Etlwanda Colony Lands, thence East 1 320 feat along the Southerly ane of said Lot 4 and Lot 3 in said Block 5 to the Northeast cornar of Lot 6 of said Block 5; thence South generally parallel with the centerline of said Etlwanda Ave- nue, 3,670 feet along the Easterly line of Lots 6, 11, and 14 In said blocks, the Easter$, line of Lots 11 through 20 Inclusive of Block 6, Etiw3nda Cactus A.res as shown on a map recorded In Book 19, Page 63 of Maps, records of said County and the South- erly prolongation thereof to the Southeasterly right -of -way line of the Covers Freeway 1State Highway 31); thence Southwesterly 1,830 feet along the Southeasterly right•cf -way line to the westerly line of Lot 8 of the subdivision of part of the North half of the North half of the Northeast one quarter of Section 8, Township 1 South, Range 6 West, San Bernardino Meridian, as shown on a map recorded in Bxk 16 Page 36 of Maps, records of said County; thence South 200 feet along said Wacterly line of Lot 8 to the Southerly I no of scld m, , of subdivision: thence East 2.680 feet along last said Southe•., n,,• to the centarline of Etlwanda Ave• nus: thence Southerly 9.GD0 feat along last said conterline to the point of beginning. I Excepting therefrom that certain area .described as follows: ' Beginning at the centerlinc Intersection of puchaster Avenue and se Base Line Avenue; thence East along the centerline of said Base w Line Avenue 920 feet to the Northerly prolongation of the East line of Tract 8806 as shown on a map recorded In Book 130, Pages 38 and 39 of Maps, In the Office of the County Recorder of said county; thence Southerly 4,089 feet, generally parallel with the centerllne of said Rori, ester Avenue along the E.sterly line of Tract 8806, Tract 8 &'t5, and Tract 8360 recorded respectively In Book 130 Pages 38 and 39, nwr. 126 Pages 61 and 62, and Book 118 Pages 38 and 34 in the Office of the County Recorder of sold County tc the Southerly right -of -way line of Men Street; thence v:.st 25 feet to the Northeast corner of Lot 69 of said Tract 8369; thence South 110.80 to the Southeast corner of said Lot; thence West 40 feet along the Southerly line of said Lot to the Easterly right -of -way line of Hyssop Drive, thence Southerly 838 feet along the easterly line of said Hyssop Drive and the Southerly prolonga- tion thereof to the Southeast corner of Lot 1 of said Tract 8369; thence West 903 feet to the centerline of said Rochester Avenue; thence North 4,927 feat to the Point of Beginning Containing an area of 4,607 42 acres more or less For particulars reference Is made to a map previously ap- proved and on file In the office of the City Clerk A The boundaries of the property In the annexed territory are those properties and parcels where facilities are au- thorized to be provided and In which special taxes may be levied In order to pay for the costs and expenses of said ' facilities A legal description of the area of the annexed territory Is as follows: Beginning at the centerline Intersection of Highland Avenue (66 feet wide) and Milliken Avenue (66 feet wide); thence Northerly along the centerline of said Milliken Avenue 2,652 ' feet to the North line of the Southwest one quarter of Sec- tion 30, Township 1 North, Range 6 West, San Bernardino ' Meridian thence East along said tine and the North line of the Southeast one quarter of Section 30, 4,034 feet to the ' centerline of Rochester Avenue (60 feet wide); thence South along the centerline of said Rochester Avenue 2,640 feet to ' the centerline of Highland Avenue; thence West along the centerline of said Highland Avenue 4,018 feet to the point of beginning Containing an area of 245.00 gross a=res, more or less IV RATE AND METHOD OF APPORTIONMENT OF SPECIAL TALC The Resolution of Intention to Annex generally sets forth the rate and apportionment of the special tax to allow each homeowner or resident to estimate the annual amount that would be required for payment A For particulars as to the rate and method of apportionment In the existing District, reference Is made to Exhibit A at- tached hereto and incorporated herein by this reference B For particulars as to the rate and method of appoetionment in the annexed territory, reference Is made to exhibit A attached hereto and Incorporated herein by this reference C Any alterations In the special tax, if applicable, are herein- after set forth as follows: There is no proposed adjustment In the tax rate for the an- nexed territory and th, same tax as set forth in Exhibit A is proposed to be levied In the annexed territory . ' V GENERAL TERMS AND CONDITIONS ' A SUBSTITUTION FACILITIES The description of the public capital facilities, as set faith herein, is general in Its nature rho final nature and location of Improve- ' ments and facilities will be determined upon the preparation of fl- nil plans and specifications The final plans may show substitutes in lieu of or modification to the proposed work In order to accom- plish the works of Improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth ' in this Report B BONDS ' In order to finance the public capital facilities as set forth in this Annexation Repot, it is necessary that bonds be Issued pursuant to the terms conditions and authorization as set forth In the Com- munity Facilities Act of 1982, being Chapter 2.5, Division 2, Title ' 5 of the Government Code of the State of California commenLing with Section 53311 thereof and specifically Article 5 therein C APPEALS AND INTERPRETATION PROCEDURZ Any landowner o• resident who feels that the amount or formula of the special tax is In error may file a notice with the Agency ap- p,,aling the levy of the special tax An appeals panel of throe members, as appointed by the Agency, will then most and promptly review the appeal and, If necessary, meet with the applicant. If the findings of the Appeals Board verify that the tax should be modified or changed, a recommendation at that time will be made to the Agency; and, as appropriate, the special tax levy shall be corrected If applicable in any case, a refund shall be granted. Interpretations may be made by the Agency by resolution for pur- poses of clarifying any vagueness or ambiguity as It relates to any category, zone, rate, or definition applicable .o these proceedings ' It Is In my opinion that the special tax rate and method of appor- tionment, as above sot forth Is fair and equitable, uniformly ap- plied, and not discriminatory or arbitrary WILLDAN ASSOCIA`rES By: William C Stookey CITY OF RANCHO CUCAMONGA ANNEXATION NO 95.1 COMMUNITY FACILITIES DISTRICT NO 84 -1 (DAY CREEK DRAINAGE SYSTEM) EXHIBIT A The Community Facilities District has been divided Into two zones: Zore A: General areas to be served by the drainage facilities, exclusive of Zone B Zone B: A limited area, being only partially served by drainage fa- cilities Zone B consists of those properties bounded on the south by Foothill Boulevard, on the east by Rochaster Avenue, on the north by Base Line Road, and on the west by the prolongation of Milliken Avenue rho rate, method and formula for the levy of the special tax for the re- spective zones, being Zone A and Zone B. It as follows, based upon a bond amount not to exceed 140,225,000 payable over a per:ad of years not to exceed 20 years: ZONE A: NOT TO EXCEED 1550.00 PER ACRE ZONE D: NOT TO EXCEED $550.00 PER ACRE FOR 190 ACRES At such time as the final drainage plan is sstablishea for Zone B. only those properties that drain Into the Day Creek Channel shall be subject to the special drainage fee Areas of Zone B in excess of 190 acres that do drain Into the Day Crook Channel shall be subject to a drainage fze The above special tax rate, method and apportionment shall be as set forth abo• °e for the existing District as well as the area proposed to be annexed M a r a o � Z a F O M_ in w m ~ $ i C t a 2 z o a Z = a U_ 21 F O c a v X ZM O 2 x a O J J W 1 as ;i i�ia•�ia e! E I EI a 9pi 77 FLtj i s.,-sri � � i � ais ,FAY ?j 3 jt �lieta a3a la�iiiia 11 5 E e� r )1 7 �i s. 0 s xa$ y a =5 I ! a:; I "es { a� R zoa i ! i R S ' E.; ! :° ! . o I o! s goY i 4 + o i S R { Dui 3j saI I I I { i Rn CV �: 'A iM !o { s xa$ y a =5 I ! a:; I "es { a� R zoa i ! i R S ' E.; ! :° ! . o I o! s goY i 4 + o i S R { Dui 3j saI I I ■ fY. =� J I � I 30 ' to i s s � Fr foE i �I R fey e' P I I I I ° ee i • f vi so i I . - � I 3 0 1e I I' i li al i . a I Y I j= -4 I HE I � ' I t `e I of 1 �I o I II e i 111° i e °7 !e °• Ii N^ Iz �I�fge �: 1$ 1e �zz. i ! i It 1 �I o I II e i 111° i e °7 !e °• Ii N^ i 1 � I • ai {I I ' � !! ;: S7e9 ,f If I I � is �Iw i •ca .`see' 1